HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 1/22/2019
AGENDA
CITY COUNCIL - REGULAR MEETING
TUESDAY, JANUARY 22, 2019
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7339
City of San Jacinto Page 1 Updated 1/17/2019 2:42 PM
RUSS UTZ, MAYOR
ANDREW KOTYUK, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
JOEL LOPEZ, COUNCILMEMBER
CRYSTAL RUIZ, COUNCILMEMBER
1. ORGANIZATION
1.1. Public Comments on Closed Session Items
1.2. Closed Session: CONFERENCE WITH LEGAL COUNSEL: Existing litigation
pursuant to Government Code section 54956.9(d)(1), 2 Cases: San Jacinto v. Reaser,
Riverside County Sup. Ct. case no. RIC1805296; Sprint v. Federal Communications
Commission, Ninth Circuit case no. 19-70123
1.3. Closed Session Report
1.4. Roll Call
1.5. Invocation - Pastor Guy Boyer, Valley Community Church
1.6. Pledge of Allegiance - Miss San Jacinto Queens
1.7. Special Presentations
1.7.1. Introductions of Miss San Jacinto Queens: Miguel Sarasa, Mayor Russ Utz
1.7.2. Cal Fire: Safely Surrendered Baby Awareness Month - February 2019: Chief Bill
Weiser
1.8. Mayor / Council Member Reports / Discussions
1.9. Late Items
2. PUBLIC COMMENTS
3. JOINT CONSENT CALENDARS
City of San Jacinto Page 2 Updated 1/17/2019 2:42 PM
3.A. Consent Calendar - City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only
3.A.2. Minutes
RECOMMENDATION:
Staff recommends that City Council approves the minutes of the Regular City
Council meeting held on January 8, 2019.
Department: City Clerk
3.A.3. Warrants and Disbursements – December 2018
RECOMMENDATION:
Staff recommends that the City Council review and approve Warrants and
Disbursements for the period of December 1 - 31, 2018 in the amount of
$4,883,099.15.
Department: Finance
3.A.4. Safely Surrendered Resolution No. 3745
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 3745,
Designating County Fire Stations as Safely Surrendered Sites.
Department: Fire
3.A.5. Tract 30659 Subdivision Agreement Amendment No 1
RECOMMENDATION:
Staff recommends that the City Council approve Amended Subdivision
Improvement Agreement for DR Horton Los Angeles Holding Company,
Tract 30659; Located at SW Arroyo Viejo and Washington Avenue.
Department: Finance
3.A.6. Tract 30597 Subdivision Agreement Amendment No 1
RECOMMENDATION:
Staff recommends that the City Council approve Amended Subdivision
Improvement Agreement for DR Horton Los Angeles Holding Company,
Tract 30597; Located at NE Seventh Street and Catalpa Avenue.
Department: Finance
3.A.7. Parcel Map 37299, J & T Management
RECOMMENDATION:
Approve final map for Tentative Parcel Map 37299, for J & T Management,
Inc.
Department: Engineering
3.A.8. Beyond Grant Award Acceptance
City of San Jacinto Page 3 Updated 1/17/2019 2:42 PM
RECOMMENDATION:
That the City Council:
1. Accept the WRCOG Beyond Grant in the amount of $82,009.54; and,
2. Authorize the City Manager to execute the Beyond Framework Fund
Program Funding Agreement, substantially similar to Attachment 1 and
subject to City Attorney review, for the General Plan 2040 Update.
Department: Community Development
3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of
San Jacinto
4. PUBLIC HEARING
4.1. Wireless Facilities within the Right of Way
RECOMMENDATION:
That the City Council:
1. Adopt Ordinance 19-01, “An Urgency Ordinance of the City Council of the City
of San Jacinto to amend the City of San Jacinto Municipal Code; Title 12 - Street,
Sidewalks and Public Places, to add Article 12.30, ‘Wireless Facilities In Public
Rights-of-way’” to be effective immediately upon adoption.
2. Introduce Ordinance 19-02, “An Ordinance of the City Council of the City of San
Jacinto to amend the City of San Jacinto Municipal Code; Title 12 - Street,
Sidewalks and Public Places, to add Article 12.30, ‘Wireless Facilities In Public
Rights-of-way’.”
3. Adopt Resolution 3746 “A Resolution of the City Council of the City of San
Jacinto, establishing Design and Development Standards for Wireless Facilities in
the Public Rights-of-way.”
Department: Community Development
4.2. Sidewalk Vendors - SB 946
RECOMMENDATION:
That the City Council:
1. Adopt Ordinance 19-03, “An Urgency Ordinance of the City Council of the City
of San Jacinto to amend the City of San Jacinto Municipal Code; Title 5 -
Business Licenses and Regulations, to add Chapter 5.54, ‘Sidewalk Vending’” to
be effective immediately upon adoption.
2. Introduce Ordinance 19-04, “An Ordinance of the City Council of the City of San
Jacinto to amend the City of San Jacinto Municipal Code; Title 5 - Business
Licenses and Regulations, to add Chapter 5.54, ‘Sidewalk Vending’.”
City of San Jacinto Page 4 Updated 1/17/2019 2:42 PM
3. Adopt Resolution 3747 “A Resolution of the City Council of the City of San
Jacinto, establishing Regulations for Sidewalk Vending.”
Department: Community Development
5. DISCUSSION ITEMS
5.1. Acquisition of San Jacinto Police K9
RECOMMENDATION:
Staff recommends the City Council amend the previously approved purchase of a
police service K9 from the vendor Adlerhorst International.
Department: Police
5.2. Artesia Well Rehabilitation
RECOMMENDATION:
Staff recommends that the City Council approve the rehabilitation of the Artesia
Well for an estimated cost of $150,000 dollars.
Department: Water
5.3. Award Landscape and Irrigation Maintenance Agreements
RECOMMENDATION:
Staff recommends that the City Council award Landscape and Irrigation
Maintenance Agreements to Executive Image and Inland Empire Landscaping for
a term of three years with the option to automatically renew annually at the City’s
sole discretion with no more than five additional one year terms. Furthermore,
staff recommends that the City Council authorize the City Manager to execute
agreements subject to review by the City Attorney as to form, with both Executive
Image and Inland Empire Landscaping.
Department: Parks
5.4. Planning Commission Ad Hoc Committee
RECOMMENDATION:
Staff recommends that the City Council consider forming a Planning Commission
Ad Hoc Committee for the purpose of opening recruitment and conducting
interviews for one Planning Commissioner due to the resignation of a Planning
Commissioner with an unexpired term.
Department: City Clerk
6. CITY MANAGER UPDATE
7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
8. ADJOURNMENT
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record, relating to an
City of San Jacinto Page 5 Updated 1/17/2019 2:42 PM
open session agenda item, that is distributed within 72 hours prior to the meeting is available for public
inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto
Avenue, San Jacinto, CA 92583.
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the
foregoing agenda this 17th day of January 2019 as requested by law.
Angela Walton, City Clerk
January 22, 2019
TO: City Council
REQUESTED BY: Angela Walton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Minutes
RECOMMENDATION:
Staff recommends that City Council approves the minutes of the Regular City Council meeting
held on January 8, 2019.
ATTACHMENTS:
January 8, 2019 Regular Meeting Minutes
3.A.2
Packet Pg. 6
ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, JANUARY 8, 2018
6:30 PM OPEN SESSION
SAN JACINTO COMMUNITY CENTER
625 S. PICO AVE
SAN JACINTO, CA 92583
951-487-7339
1. ORGANIZATION
Mayor Russ Utz called the meeting to order at 6:33 pm.
1.1 Roll Call
City Clerk Angela Walton conducted the roll call:
Present: Utz, Kotyuk, Ledezma
Absent: Lopez, Ruiz
M/S/C (Kotyuk/Ledezma) to excuse the absences of Councilmembers Joel Lopez and Crystal Ruiz.
Motion carried 3/0.
Ayes: Utz, Kotyuk, Ledezma
Nays: None
Absent: Lopez, Ruiz
Abstain: None
1.2 Invocation
Joel Ortiz with San Jacinto American Legion Post 848 gave the invocation.
1.3 Pledge of Allegiance
The Pledge of Allegiance was led by Councilmember Alonso Ledezma.
1.5 Mayor/Council Member Reports / Discussions
Councilmembers provided their reports.
1.4 Late Items
There were no late items.
RUSS UTZ, MAYOR
ANDREW KOTYUK, MAYOR PRO TEM
ALONSO LEDEZMA, COUNCILMEMBER
JOEL LOPEZ, COUNCILMEMBER
CRYSTAL RUIZ, COUNCILMEMBER
3.A.2.a
Packet Pg. 7 Attachment: January 8, 2019 Regular Meeting Minutes (Minutes)
2. PUBLIC COMMENTS
Public Speakers:
Sonia Ramos
3. JOINT CONSENT CALENDARS
City Council Consent Calendar Item 3.A and Successor Agency Item 3.B Consent Calendars
were heard concurrently.
3.A Consent Calendar – City Council
3.A.1. Waiver of Full Reading of Ordinance(s), and Reading b y Title Onl y
3.A.2. Minutes of the Regular City Council Meeting held on December 18, 2018
3.A.3. Treasurer’s Report at November 30, 2018
3.A.4. SB 165 Special Tax Annual Reporting
3.B Consent Calendar – Successor Agency to the Redevelopment Agency of the City
of San Jacinto
M/S/C (Kotyuk/Ledezma) to approve the Consent Calendar. Motion carried 3/0.
Ayes: Utz, Kotyuk, Ledezma
Nays: None
Absent: Lopez, Ruiz
Abstain: None
4. DISCUSSION ITEMS
There were no discussion items.
At this time, Mayor Utz apologized for a statement he made at a previous City Council
meeting in which he volunteered to help a potential contract agency, stating his comment
was not intended to seek employment or favors.
5. CITY MANAGER UPDATE
City Manager Robert Johnson provided a presentation on the following items:
Planning Division
Building and Safety Division
Code Enforcement Division
New Residential Homes
Trash & Debris Removal
Streets Maintenance
Water and Sewer Division
3.A.2.a
Packet Pg. 8 Attachment: January 8, 2019 Regular Meeting Minutes (Minutes)
6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF
Councilmember Ledezma thanked City staff, Sheriff’s Department and Fire Department for their
prompt service and hard work during the recent rains.
City Manager Johnson reported he has reviewing past requests from City Council to Staff and
will provide an updated report at the next meeting.
Councilmember Kotyuk would like a rate study done regarding potential cost savings to residents
and taxpayers if the city went to a digital water meter reading system.
At this time, Mayor Utz recognized and congratulated Ezequiel Pelayo, Boxing for Christ, on his
wins in District, State and Regional competitions in boxing.
7. ADJOURNMENT
With no further business before the City Council, Mayor Utz adjourned the Regular Meeting
of the City Council at 7:01 pm in honor of family. Councilmember Ledezma requested the
meeting also closed in honor of Councilmember Lopez’s late grandmother, Maria Isabel
Lopez.
CITY OF SAN JACINTO:
____________________
Russ Utz, Mayor
ATTEST:
________________________
Angela Walton, City Clerk
Approved as read: _____
Approved as amended ____
3.A.2.a
Packet Pg. 9 Attachment: January 8, 2019 Regular Meeting Minutes (Minutes)
January 22, 2019
TO: City Council
REQUESTED BY: Tom Prill, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Warrants and Disbursements – December 2018
RECOMMENDATION:
Staff recommends that the City Council review and approve Warrants and Disbursements for the
period of December 1 - 31, 2018 in the amount of $4,883,099.15.
DISCUSSION:
The City Council in its oversight role formally reviews disbursements of City funds made by
Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The
following information is provided for such review and approval:
Warrants/Wire Pay Date Amount
Accounts Payable: # 123626-123872 Various $ 2,719,327.56
Payroll: Pay Period # 25 # 23083-23091 12/06/2018 $ 152,575.33
Includes Warrants, Direct Deposits, Taxes, Garnishments
Payroll: Pay Period # 24 # 23092-23098 12/20/2018 $ 139,396.70
Includes Warrants, Direct Deposits, Taxes, Garnishments
Electronic Funds Various $ 1,871,799.56
Total Disbursements – Period of December 1-31, 2018 $ 4,883,099.15
Known Councilmember Conflicts: Kotyuk: Check #s 123723, 123822.
Prepared by: Judy Kelley, Account Clerk II
Note: Payroll information is on file in the Finance Department.
FISCAL IMPACT:
Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been
appropriated.
ATTACHMENTS:
Warrant Register December 31, 2018
3.A.3
Packet Pg. 10
Warrant RegisterCity of San Jacinto12/31/2018Page 1Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12362612/7/2018California society of300000869Memebership / m. carr102-1400-500.30-90110.00110.0012362712/7/2018Dutale, inc.6942Installed 3 network drops010-3100-431.34-05450.00450.0012362812/7/2018Fedex corporation6-378-22639Delivery service010-1210-412.21-6579.16253.846-378-22639Delivery service011-3300-431.21-65174.6812362912/7/2018First american title companyREQUEST 112818Reimburse overpayment010-0000-304.03-39151.50151.5012363012/7/2018Frontier communicationsREQUEST 120418Telephone service010-3100-431.35-16144.66376.38REQUEST 120418Telephone service010-4200-410.35-16184.18REQUEST 120418Telephone service010-6500-425.35-1647.5412363112/7/2018Galls, llc011163437Credit/uniform pants010-3320-431.21-35-54.36109.74011167076Uniform pants010-3320-431.21-35107.73011232090Uniform pants010-3320-431.21-3556.3712363212/7/2018Gonnella, bryanREQUEST 120318Reimb fingerprinting fee010-1210-412.30-9056.0056.0012363312/7/2018Image sourceAR848281Copies 10/15-11/14/2018010-4200-410.34-05344.84344.8412363412/7/2018Master care commercial janitorial7126Janitorial srvcs nov 2018010-2500-425.34-051,100.001,100.0012363512/7/2018Office team52297870W/e 11/23/18, l. johnson011-1700-417.10-04646.80646.8012363612/7/2018Pacific alarm service,inc.R 143629Alarm srvc december 2018010-6500-425.34-0538.00648.50R 143629Alarm srvc december 2018010-2500-425.34-05124.00R 143629Alarm srvc december 2018050-9000-450.34-05191.50R 143629Alarm srvc december 2018010-4200-410.34-05217.50R 143629Alarm srvc december 2018010-3100-431.34-0577.5012363712/7/2018Pip printing14631524 large format010-9600-960.36-1024.6624.6612363812/7/2018Rightway site services, inc.240229Rent/labor 11/14-12/11/18010-3100-431.34-5082.7882.7812363912/7/2018Riverside countyPU0000004556Fleet fuel sept 2018050-9000-450.21-70428.312,440.61PU0000004556Fleet fuel sept 2018055-4170-450.21-70309.40PU0000004556Fleet fuel sept 2018010-4140-410.21-70160.11PU0000004556Fleet fuel sept 2018010-7100-410.21-70701.98PU0000004556Fleet fuel sept 2018010-7101-410.21-7065.62PU0000004556Fleet fuel sept 2018010-3320-431.21-70141.64PU0000004556Fleet fuel sept 2018011-3300-431.21-7047.12PU0000004556Fleet fuel sept 2018010-3100-431.21-70338.57PU0000004556Fleet fuel sept 2018010-3100-431.33-50247.863.A.3.aPacket Pg. 11Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 2Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12364012/7/2018Riverside countyTL0000014382Signal light maint oct'18010-4150-410.32-0510,973.2910,973.2912364112/7/2018Scott shaffer1208Posters, name plates010-2510-425.40-141,355.673,125.511208Posters, name plates010-9600-960.36-151,769.8412364212/7/2018Southern california edisonREQUEST 120418Electricity service010-2500-425.35-14116.4356,743.16REQUEST 120418Electricity service010-4150-410.35-14749.79REQUEST 120418Electricity service010-4200-410.35-1449.01REQUEST 120418Electricity service010-6500-425.35-1458.35REQUEST 120418Electricity service010-7100-410.35-1426.60REQUEST 120418Electricity service025-7100-410.35-1448.02REQUEST 120418Electricity service025-7250-410.35-14506.12REQUEST 120418Electricity service025-7260-410.35-14940.84REQUEST 120418Electricity service034-3200-431.35-14136.81REQUEST 120418Electricity service050-9000-450.35-1426,461.01REQUEST 120418Electricity service055-4170-450.35-14197.49REQUEST 120418Electricity service201-8850-500.35-14210.92REQUEST 120418Electricity service301-8831-500.35-1457.73REQUEST 120418Electricity service302-8831-500.35-1448.22REQUEST 120418Electricity service303-8831-500.35-1496.98REQUEST 120418Electricity service304-8831-500.35-14101.21REQUEST 120418Electricity service305-8831-500.35-1496.99REQUEST 120418Electricity service306-8831-500.35-1499.97REQUEST 120418Electricity service308-8831-500.35-1482.17REQUEST 120418Electricity service309-8831-500.35-14103.36REQUEST 120418Electricity service311-8831-500.35-14112.28REQUEST 120418Electricity service313-8831-500.35-1498.76REQUEST 120418Electricity service316-8831-500.35-1447.91REQUEST 120418Electricity service317-8831-500.35-1448.26REQUEST 120418Electricity service320-8831-500.35-1442.46REQUEST 120418Electricity service321-8831-500.35-1459.77REQUEST 120418Electricity service323-8831-500.35-1478.60REQUEST 120418Electricity service325-8831-500.35-1475.41REQUEST 120418Electricity service327-8831-500.35-1487.123.A.3.aPacket Pg. 12Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 3Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123642...12/7/2018...Southern california edison...REQUEST 120418Electricity service329-8831-500.35-1459.9456,743.16...REQUEST 120418Electricity service331-8831-500.35-1484.95REQUEST 120418Electricity service338-8831-500.35-14135.61REQUEST 120418Electricity service339-8831-500.35-1427.07REQUEST 120418Electricity service341-8831-500.35-1427.24REQUEST 120418Electricity service342-8831-500.35-1438.50REQUEST 120418Electricity service343-8831-500.35-14108.30REQUEST 120418Electricity service353-8831-500.35-1450.30REQUEST 120418Electricity service362-8831-500.35-1478.91REQUEST 120418Electricity service376-8831-500.35-1430.40REQUEST 120418Electricity service309-8831-500.35-1456.80REQUEST 120418Electricity service345-8831-500.35-14801.32REQUEST 120418Electricity service301-8831-500.35-143,406.39REQUEST 120418Electricity service304-8831-500.35-14631.48REQUEST 120418Electricity service317-8831-500.35-14372.64REQUEST 120418Electricity service359-8831-500.35-14111.98REQUEST 120418Electricity service310-8831-500.35-1487.04REQUEST 120418Electricity service010-4150-410.35-143,372.89REQUEST 120418Electricity service010-4150-410.35-14-0.07REQUEST 120418Electricity service025-7260-410.35-14596.41REQUEST 120418Electricity service301-8831-500.35-1493.47REQUEST 120418Electricity service303-8831-500.35-141,085.26REQUEST 120418Electricity service305-8831-500.35-14143.52REQUEST 120418Electricity service307-8831-500.35-143,480.26REQUEST 120418Electricity service308-8831-500.35-14416.49REQUEST 120418Electricity service309-8831-500.35-141,582.07REQUEST 120418Electricity service311-8831-500.35-14206.71REQUEST 120418Electricity service312-8831-500.35-14153.92REQUEST 120418Electricity service315-8831-500.35-1480.54REQUEST 120418Electricity service320-8831-500.35-142,284.66REQUEST 120418Electricity service321-8831-500.35-143.96REQUEST 120418Electricity service323-8831-500.35-143.963.A.3.aPacket Pg. 13Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 4Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123642...12/7/2018...Southern california edison...REQUEST 120418Electricity service329-8831-500.35-143,042.1656,743.16...REQUEST 120418Electricity service331-8831-500.35-14191.65REQUEST 120418Electricity service338-8831-500.35-142,691.34REQUEST 120418Electricity service343-8831-500.35-143.96REQUEST 120418Electricity service369-8831-500.35-147.92REQUEST 120418Electricity service383-8831-500.35-1440.27REQUEST 120418Electricity service301-8831-500.35-1432.07REQUEST 120418Electricity service312-8831-500.35-143.61REQUEST 120418Electricity service315-8831-500.35-1412.39REQUEST 120418Electricity service321-8831-500.35-145.07REQUEST 120418Electricity service322-8831-500.35-1417.80REQUEST 120418Electricity service323-8831-500.35-145.07REQUEST 120418Electricity service334-8831-500.35-140.59REQUEST 120418Electricity service335-8831-500.35-140.67REQUEST 120418Electricity service336-8831-500.35-140.77REQUEST 120418Electricity service337-8831-500.35-140.43REQUEST 120418Electricity service339-8831-500.35-140.84REQUEST 120418Electricity service342-8831-500.35-140.33REQUEST 120418Electricity service343-8831-500.35-145.07REQUEST 120418Electricity service345-8831-500.35-1415.33REQUEST 120418Electricity service346-8831-500.35-1415.33REQUEST 120418Electricity service347-8831-500.35-1422.37REQUEST 120418Electricity service349-8831-500.35-1422.37REQUEST 120418Electricity service354-8831-500.35-1412.39REQUEST 120418Electricity service359-8831-500.35-1432.07REQUEST 120418Electricity service367-8831-500.35-145.93REQUEST 120418Electricity service369-8831-500.35-1410.13REQUEST 120418Electricity service371-8831-500.35-1412.39REQUEST 120418Electricity service373-8831-500.35-1412.39REQUEST 120418Electricity service374-8831-500.35-1411.42REQUEST 120418Electricity service375-8831-500.35-1413.37REQUEST 120418Electricity service380-8831-500.35-143.613.A.3.aPacket Pg. 14Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 5Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123642...12/7/2018...Southern california edison...REQUEST 120418Electricity service385-8831-500.35-1421.6056,743.16...REQUEST 120418Electricity service386-8831-500.35-1415.33REQUEST 120418Electricity service388-8831-500.35-143.6112364312/7/2018Staples business advantage, inc.3396168824Office supplies050-1400-414.21-1046.941,603.403396168824Office supplies010-2500-425.21-10211.323396168825Office supplies010-2500-425.21-1030.643396168826Office supplies010-2500-425.21-10137.513396168829Office supplies010-2500-425.21-1077.213396168831Office supplies010-3100-431.21-10709.583396168833Office supplies010-3100-431.21-103.753396168835Office supplies010-3100-431.21-10339.723396168838Office supplies010-3320-431.21-1046.7312364412/7/2018Verizon wireless9818135646Motor ticket rprt writers024-3100-431.21-9055.4855.4812364512/7/2018Walton, angelaREQUEST 110118Meal per diem010-1110-411.31-2070.0070.0012364612/7/2018Western riverside councilREQUEST 120318Fees for november 2018065-0000-201.08-80120,681.16120,681.1612364712/7/2018Windstream (formerly paetec)70745404Communication services010-2500-425.35-161,058.981,058.9812364812/7/2018Xerox financial services1394195Copier lease010-3100-431.34-05214.142,550.651394195Copier lease010-2500-425.34-052,336.5112364912/5/2018The house of portraits, inc1199Portraits010-2500-425.30-902,039.062,039.0612365012/14/2018Adt security services, inc.680931448Alarm srvc 12/22-1/21/19010-6100-425.34-0544.9944.9912365112/14/2018All american asphalt corp.REQUEST 120518Refund unused funds020-0000-103.12-101,762.611,762.6112365212/14/2018American fence co. inc.2112964Temp fence 11/26-12/25/18010-3320-431.34-05100.00100.0012365312/14/2018Anady's trophies, inc.108814Crystal black glass010-1100-411.21-1197.88234.36108815Presidential gavel plaque010-1100-411.21-1174.491088162 name plates010-1100-411.21-1061.9912365412/14/2018Aramark uniform1450389878Uniform service010-7101-410.21-354.79255.741450389878Uniform service010-7100-410.21-3514.371450389879Floor mat service050-1400-414.34-059.261450389879Floor mat service010-4200-410.34-0515.671450389880Uniform service010-4150-410.21-3515.511450389881Uniform service010-4140-410.21-3514.423.A.3.aPacket Pg. 15Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 6Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123654...12/14/2018...Aramark uniform...1450389881Uniform service050-9000-450.21-3534.69255.74...1450389881Uniform service055-4170-450.21-3519.161450401744Uniform service010-7101-410.21-354.791450401744Uniform service010-7100-410.21-3514.371450401745Floor mat service050-1400-414.34-059.261450401745Floor mat service010-4200-410.34-0515.671450401746Uniform service010-4150-410.21-3515.511450401747Uniform service010-4140-410.21-3514.421450401747Uniform service055-4170-450.21-3519.161450401747Uniform service050-9000-450.21-3534.6912365512/14/2018Babcock laboratories, inc.BK82107-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00140.00BL80138-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.0012365612/14/2018Barba, danielREQUEST 112818Reimburse h/d/v expense010-2500-425.11-90105.00170.50REQUEST 121018Reimburse h/d/v expense010-2500-425.11-9065.5012365712/14/2018Bee patrol0076Bee removal / valve box346-8831-500.34-05125.00125.0012365812/14/2018Best best & krieger, llp12012018Cfd 2 a 2002046-8800-450.30-9044.0053,313.8012012018Water rights050-1111-411.30-90616.0012012018Total general fund010-1111-411.30-9043,861.3712012018Special srvcs env-water050-9000-450.30-9044.0012012018Rate study050-9000-450.30-9066.0012012018Economic development010-9600-960.30-90176.0012012018Stormwater advice010-4140-410.34-06176.0012012018Special serv environment011-1700-417.30-9066.0012012018Total agreement011-1700-417.30-902,160.0012012018Full capture test unrcvd010-4140-410.34-061,520.4812012018Assessment for cfd 2002-1045-8800-450.30-90681.5012012018Spdr18-3 baypoint academy065-0000-211.21-01129.2012012018Ttm 37282 cc&rs065-0000-211.21-20286.0012012018Levee p3 negotiations199-9999-425.40-01220.0012012018Esplanade widening row199-9999-425.40-013,267.2512365912/14/2018Bio-tox laboratories, inc.36704Analysis010-3100-431.34-05429.00799.0036705Analysis010-3100-431.34-05134.003.A.3.aPacket Pg. 16Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 7Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123659...12/14/2018...Bio-tox laboratories, inc....36755Analysis010-3100-431.34-05236.00799.00...12366012/14/2018Boot barn inc.IVC0159682Work boots / a. magana010-4150-410.21-35150.65150.6512366112/14/2018Brady, robert (bob)REQUEST 120418Reimb cell phone expense010-4200-410.35-1775.0075.0012366212/14/2018Brenntag pacific, inc.BPI898061Sodium hypochlorite050-9000-450.21-12581.23581.2312366312/14/2018Brithinee electric inc.WI006358Lake park motor maint050-9000-450.33-307,935.667,935.6612366412/14/2018Caceo/ california association of300009224Membership dues 2019010-3320-431.30-1695.00285.00300009319Membership dues 2019010-3320-431.30-1695.00300009692Membership dues 2019010-3320-431.30-1695.0012366512/14/2018Calpers supplemental income plansREQUEST 12101812/6/2018, sip # 452544085-0000-202.21-292,922.793,355.24REQUEST 121018Pers repaymt sip # 452544085-0000-202.21-28432.4512366612/14/2018Cardinal environmental consultants18-110Pre-demolition survey199-9999-425.40-01950.00950.0012366712/14/2018Carlson & associates, llc295Sgc november services199-9999-425.40-011,100.401,100.4012366812/14/2018Ced - san jacinto, inc.2983-512071Electrical supplies309-8831-500.34-05264.96289.962983-512080Electrical supplies309-8831-500.34-0525.0012366912/14/2018Dave's hauling11302018Trash service november'18301-8831-500.34-0540.0011,830.0011302018Trash service november'18307-8831-500.34-0520.0011302018Trash service november'18308-8831-500.34-0580.0011302018Trash service november'18311-8831-500.34-05220.0011302018Trash service november'18313-8831-500.34-0580.0011302018Trash service november'18320-8831-500.34-05120.0011302018Trash service november'18321-8831-500.34-0540.0011302018Trash service november'18322-8831-500.34-05120.0011302018Trash service november'18325-8831-500.34-0580.0011302018Trash service november'18326-8831-500.34-0580.0011302018Trash service november'18327-8831-500.34-0560.0011302018Trash service november'18329-8831-500.34-0560.0011302018Trash service november'18331-8831-500.34-0560.0011302018Trash service november'18332-8831-500.34-0580.0011302018Trash service november'18338-8831-500.34-0580.0011302018Trash service november'18341-8831-500.34-0540.0011302018Trash service november'18343-8831-500.34-0540.003.A.3.aPacket Pg. 17Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 8Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123669...12/14/2018...Dave's hauling...11302018Trash service november'18345-8831-500.34-05160.0011,830.00...11302018Trash service november'18346-8831-500.34-0560.0011302018Trash service november'18353-8831-500.34-0510.0011302018Trash service november'18355-8831-500.34-0510.0011302018Trash service november'18362-8831-500.34-0520.0011302018Trash service november'18363-8831-500.34-05100.0011302018Trash service november'18367-8831-500.34-0560.0011302018Trash service november'18376-8831-500.34-05540.0011302018Trash service november'18025-7252-410.34-0520.0011302018Trash service november'18025-7252-410.34-0540.0011302018Trash service november'18025-7252-410.34-0520.0011302018Trash service november'18025-7252-410.34-0520.0011302018Trash service november'18025-7100-410.34-0520.0011302018Trash service november'18025-7100-410.34-05100.0011302018Trash service november'18025-7100-410.34-05720.0011302018Trash service november'18025-7252-410.34-051,260.0011302018Trash service november'18025-7100-410.34-0560.0011302018Trash service november'18025-7100-410.34-0580.0011302018Trash service november'18025-7250-410.34-05140.0011302018Trash service november'18010-7100-410.34-0520.0011302018Trash service november'18010-3100-431.34-0520.0011302018Trash service november'18010-4150-410.34-05400.0011202018Channel clean up305-8831-500.34-05200.0011272018Basin clean up326-8831-500.34-05150.0011282018Easement clean up362-8831-500.34-05150.0011292018End of chase st clean up301-8831-500.34-05150.0011292018BClean major city streets010-4150-410.34-056,000.0012367012/14/2018David leonard associates20181201Services provided065-0000-211.21-01897.283,240.4120181202Services provided065-0000-211.21-01443.9720181203Services provided065-0000-201.06-20302.7020181204Services provided065-0000-201.06-20445.0620181205Services provided065-0000-201.06-20736.863.A.3.aPacket Pg. 18Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 9Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123670...12/14/2018...David leonard associates...20181206Services provided065-0000-211.21-0167.503,240.41...20181207Services provided065-0000-211.21-01347.0412367112/14/2018Dewey pest control inc.12298697Pest cntrl srvcs dec 2018010-2500-425.34-0545.0084.0012311635Pest cntrl srvcs dec 2018034-3200-431.34-0539.0012367212/14/2018Eastern municipal water districtREQUEST 121018Water purchase050-9000-450.35-2012,459.5212,459.5212367312/14/2018Eastern municipal water districtREQUEST 121018Water service025-7100-410.35-10622.2425,631.45REQUEST 121018Water service025-7250-410.35-10949.58REQUEST 121018Water service025-7252-410.35-1066.52REQUEST 121018Water service055-4170-450.35-1056.60REQUEST 121018Water service034-3200-431.35-10278.26REQUEST 121018Water service301-8831-500.35-103,612.36REQUEST 121018Water service303-8831-500.35-10687.90REQUEST 121018Water service304-8831-500.35-10326.00REQUEST 121018Water service305-8831-500.35-101,245.68REQUEST 121018Water service306-8831-500.35-10337.51REQUEST 121018Water service307-8831-500.35-102,576.92REQUEST 121018Water service308-8831-500.35-101,146.73REQUEST 121018Water service313-8831-500.35-10934.32REQUEST 121018Water service317-8831-500.35-1026.55REQUEST 121018Water service321-8831-500.35-10390.19REQUEST 121018Water service323-8831-500.35-10270.76REQUEST 121018Water service325-8831-500.35-10584.64REQUEST 121018Water service326-8831-500.35-101,492.87REQUEST 121018Water service327-8831-500.35-101,504.84REQUEST 121018Water service332-8831-500.35-10628.04REQUEST 121018Water service338-8831-500.35-102,206.52REQUEST 121018Water service341-8831-500.35-10857.67REQUEST 121018Water service343-8831-500.35-10555.47REQUEST 121018Water service345-8831-500.35-10948.02REQUEST 121018Water service346-8831-500.35-10528.40REQUEST 121018Water service351-8831-500.35-10246.55REQUEST 121018Water service355-8831-500.35-1043.133.A.3.aPacket Pg. 19Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 10Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123673...12/14/2018...Eastern municipal water district...REQUEST 121018Water service359-8831-500.35-10914.0025,631.45...REQUEST 121018Water service362-8831-500.35-10167.60REQUEST 121018Water service363-8831-500.35-10296.45REQUEST 121018Water service364-8831-500.35-1023.13REQUEST 121018Water service365-8831-500.35-10103.76REQUEST 121018Water service376-8831-500.35-10963.59REQUEST 121018Water service353-8831-500.35-1038.6512367412/14/2018Employment screening services, inc40916440590Universal pkg/2 employees010-1210-412.30-90130.00156.0040954040590Basic verify/b. gonnella010-1210-412.30-9026.0012367512/14/2018Engie services (formerly opterra)12732Monitoring fees oct 2018050-9000-450.34-05334.962,470.2112733Maintenance fees oct'18050-9000-450.34-05949.5512734Monitoring fees oct 2018050-9000-450.34-05309.2712735Maintenance fees oct 2018050-9000-450.34-05876.4312367612/14/2018Engineering resources of southern51387Services thru 10/28/2018199-9999-425.40-013,193.003,193.0012367712/14/2018Ewing incorporation6599131Freight cost for repair351-8831-500.34-0525.00921.016606164Lr refurbished351-8831-500.34-05896.0112367812/14/2018Eyemed vision care163700548Premium december 2018085-0000-202.21-35875.61898.34163700548Cobra premium dec 2018065-0000-201.08-6422.7312367912/14/2018Ez sunnyday landscape1116Maintenance november 2018025-7100-410.34-05440.0027,079.001116Maintenance november 2018025-7100-410.34-05630.001116Maintenance november 2018025-7100-410.34-05606.001116Maintenance november 2018025-7250-410.34-0541.001116Maintenance november 2018025-7250-410.34-0563.001116Maintenance november 2018010-7100-410.34-0564.001116Maintenance november 2018025-7250-410.34-0547.001116Maintenance november 2018025-7250-410.34-0549.001116Maintenance november 2018025-7250-410.34-0599.001116Maintenance november 2018025-7250-410.34-0569.001116Maintenance november 2018025-7250-410.34-0575.001116Maintenance november 2018025-7251-410.34-051,000.001116Maintenance november 2018025-7252-410.34-05700.001116Maintenance november 2018025-7252-410.34-05300.003.A.3.aPacket Pg. 20Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 11Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123679...12/14/2018...Ez sunnyday landscape...1116Maintenance november 2018025-7252-410.34-05475.0027,079.00...1116Maintenance november 2018025-7252-410.34-05475.001116Maintenance november 2018025-7252-410.34-05475.001116Maintenance november 2018025-7252-410.34-05475.001116Maintenance november 2018025-7252-410.34-05575.001116Maintenance november 2018025-7252-410.34-05475.001116Maintenance november 2018025-7250-410.34-05100.001116Maintenance november 2018025-7250-410.34-05143.001116Maintenance november 2018302-8831-500.34-05150.001116Maintenance november 2018304-8831-500.34-0522.001116Maintenance november 2018025-7252-410.34-052,115.751116Maintenance november 2018301-8831-500.34-051,900.001116Maintenance november 2018301-8831-500.34-05131.751116Maintenance november 2018316-8831-500.34-0531.001116Maintenance november 2018317-8831-500.34-0541.001116Maintenance november 2018319-8831-500.34-05112.001116Maintenance november 2018320-8831-500.34-05900.001116Maintenance november 2018322-8831-500.34-05800.001116Maintenance november 2018367-8831-500.34-05250.001116Maintenance november 2018025-7250-410.34-05140.001116Maintenance november 2018368-8831-500.34-0532.501116Maintenance november 2018025-7250-410.34-05400.001116Maintenance november 2018331-8831-500.34-05215.001116Maintenance november 2018310-8831-500.34-05150.001116Maintenance november 2018309-8831-500.34-05950.001116Maintenance november 2018309-8831-500.34-05100.001116Maintenance november 2018025-7252-410.34-05500.001116Maintenance november 2018025-7252-410.34-05500.001116Maintenance november 2018025-7250-410.34-05600.001116Maintenance november 2018331-8831-500.34-0560.001116Maintenance november 2018322-8831-500.34-05135.001116Maintenance november 2018320-8831-500.34-05175.003.A.3.aPacket Pg. 21Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 12Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123679...12/14/2018...Ez sunnyday landscape...1116Maintenance november 2018319-8831-500.34-05200.0027,079.00...1116Maintenance november 2018304-8831-500.34-0535.001117Maintenance november 2018010-7100-410.34-05220.001117Maintenance november 2018025-7100-410.34-05320.001117Maintenance november 2018025-7250-410.34-05100.001117Maintenance november 2018025-7250-410.34-05200.001117Maintenance november 2018376-8831-500.34-051,575.001117Maintenance november 2018376-8831-500.34-052,400.001117Maintenance november 2018025-7250-410.34-05200.001117Maintenance november 2018359-8831-500.34-05650.001117Maintenance november 2018025-7250-410.34-05225.001117Maintenance november 2018339-8831-500.34-05100.001117Maintenance november 2018025-7250-410.34-0565.001117Maintenance november 2018025-7252-410.34-05395.001117Maintenance november 2018025-7252-410.34-05295.001117Maintenance november 2018025-7252-410.34-05395.001117Maintenance november 2018025-7252-410.34-05395.001117Maintenance november 2018025-7100-410.34-05195.001117Maintenance november 2018388-8831-500.34-05100.001127Irrigation repairs025-7252-410.34-0567.001128Irrigation repairs331-8831-500.34-0577.001129Irrigation repairs025-7252-410.34-05120.001130Irrigation repairs025-7252-410.34-0597.001131Irrigation repairs025-7252-410.34-0560.001132Irrigation repairs025-7252-410.34-05120.001133Irrigation repairs025-7250-410.34-05120.001134Irrigation repairs025-7252-410.34-05127.001135Irrigation repairs322-8831-500.34-05332.001136Irrigation repairs025-7252-410.34-05107.0012368012/14/2018Fedex corporation6-385-21088Delivery service011-3300-431.21-65229.72298.836-385-21088Delivery service011-1700-417.21-6569.1112368112/14/2018Figueroa, davidREQUEST 120418Reimburse h/d/v expense010-2500-425.11-90290.00290.003.A.3.aPacket Pg. 22Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 13Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12368212/14/2018Fm lock and safe,inc.103177Generator keys050-9000-450.21-1216.31428.91103185Locks & keys / vosburg199-9999-425.40-01412.6012368312/14/2018Francisco veraREQUEST 120618Re-issue ck # 122406010-0000-301.01-6020.0020.0012368412/14/2018Frontier communicationsREQUEST 121018Telephone service010-3100-431.35-1676.61124.69REQUEST 121018Telephone service010-6100-425.35-1648.0812368512/14/2018Hartford life insurance companiesREQUEST 12061812/6/2018, group # 109947085-0000-202.21-291,200.001,200.0012368612/14/2018Hdl hinderliter de llamas & assoc0030185-INSales tax audit service010-2500-425.30-901,997.431,997.4312368712/14/2018Hemet industrial supply48535Hardware for street signs010-4150-410.21-8040.7440.7412368812/14/2018Hemet rubber stamp & sign co.inc.2032273 self inking stamps010-1110-411.21-10108.35155.002032273 self inking stamps010-1400-414.21-1046.6512368912/14/2018Hemet valley pipe & supply186256-DAll spec vb 182227055-4170-450.21-12484.88761.88187755Rainbird inline valve025-7252-410.34-05160.59187926Misc pipe & supplies362-8831-500.34-05116.4112369012/14/2018Hi-way safety, inc.80930Project signs199-9999-425.40-01983.54983.5412369112/14/2018Holmes, michelleREQUEST 120618Reimburse gift purchase065-0000-201.06-03100.00100.0012369212/14/2018Home depot credit services7042190Cl granules055-4170-450.21-12244.62894.031021920Misc supplies010-4140-410.21-1249.764241593Various plants388-8831-500.34-05408.903251554Trash cans, felt010-4150-410.21-12190.7512369312/14/2018Huffman electric1072Electrical labor service309-8831-500.34-05308.00973.001073Electrical labor service376-8831-500.34-05266.001074Electrical labor service301-8831-500.34-05133.001075Electrical labor service363-8831-500.34-05266.0012369412/14/2018Icma retirement trustREQUEST 12101812/6/2018, group #300434085-0000-202.21-291,400.001,400.0012369512/14/2018Image sourceAR850700Copies 10/18 - 11/17/2018010-3100-431.34-0518.321,667.56AR850700Copies 10/18 - 11/17/2018010-2500-425.34-051,649.2412369612/14/2018Inland water works supply co.S1017548.003Romac flex cplg, clamps050-9000-450.21-12788.73788.7312369712/14/2018Iron mountain inc.AJJY418Storage december 2018010-2500-425.34-05142.00142.0012369812/14/2018Jim's backflow service112818-WHEELBARBackflow test327-8831-500.34-0550.0050.0012369912/14/2018Kaiser foundation health plan, inc678729604-1218Premium january 2019085-0000-202.21-399,047.459,047.4512370012/14/2018Kelley, judyREQUEST 121018Reimburse h/d/v expense010-2500-425.11-90185.21185.213.A.3.aPacket Pg. 23Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 14Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12370112/14/2018Ktua planning & landscape architect30653REVService provided oct 2018199-9999-425.40-015,760.005,760.0012370212/14/2018Layne christensen company,inc.92093482Lake well pump service050-9000-450.33-3053,824.0053,824.0012370312/14/2018Learning for lifeREQUEST 112718Explorer post 347 recert065-0000-229.09-13733.00733.0012370412/14/2018Lock around the clock1296Emergency safe lock out010-3100-431.34-05900.00900.0012370512/14/2018Martinez, ramonREQUEST 112818Reimburse h/d/v expense010-2500-425.11-90500.80500.8012370612/14/2018Mccombs, julieREQUEST 112918Reimburse h/d/v expense010-2500-425.11-90455.00455.0012370712/14/2018Minuteman press, inc.42749Weekly enrollment notices048-1400-414.36-10127.07127.0712370812/14/2018Monarch landscape llc, inc.9054Maintenance november 2018305-8831-500.34-05650.0022,881.009054Maintenance november 2018306-8831-500.34-05300.009054Maintenance november 2018306-8831-500.34-05100.009054Maintenance november 2018341-8831-500.34-05800.009054Maintenance november 2018341-8831-500.34-05100.009054Maintenance november 2018353-8831-500.34-05400.009054Maintenance november 2018355-8831-500.34-05400.009054Maintenance november 2018365-8831-500.34-05100.009054Maintenance november 2018365-8831-500.34-0575.009054Maintenance november 2018025-7100-410.34-05400.009054Maintenance november 2018025-7250-410.34-05200.009054Maintenance november 2018303-8831-500.34-051,400.009054Maintenance november 2018307-8831-500.34-051,850.009054Maintenance november 2018307-8831-500.34-05100.009054Maintenance november 2018311-8831-500.34-051,300.009054Maintenance november 2018311-8831-500.34-05100.009054Maintenance november 2018325-8831-500.34-05800.009054Maintenance november 2018327-8831-500.34-051,400.009054Maintenance november 2018327-8831-500.34-05100.009054Maintenance november 2018329-8831-500.34-051,100.009054Maintenance november 2018329-8831-500.34-05100.009054Maintenance november 2018338-8831-500.34-051,900.009054Maintenance november 2018351-8831-500.34-05250.001001Irrigation checks,repairs307-8831-500.34-05249.001002Irrigation checks,repairs341-8831-500.34-05409.003.A.3.aPacket Pg. 24Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 15Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123708...12/14/2018...Monarch landscape llc, inc....1003Irrigation checks,repairs353-8831-500.34-05102.0022,881.00...1004Irrigation checks,repairs025-7100-410.34-05403.001005Irrigation checks,repairs303-8831-500.34-05914.001007Irrigation checks,repairs311-8831-500.34-05269.001008Irrigation repairs329-8831-500.34-05260.001009Irrigation checks,repairs305-8831-500.34-05175.001010Irrigation checks,repairs338-8831-500.34-05747.001011Irrigation checks,repairs325-8831-500.34-05143.001012Irrigation checks,repairs325-8831-500.34-05236.001013Irrigation checks,repairs338-8831-500.34-05159.001014Irrigation checks,repairs355-8831-500.34-05182.001015Irrigation checks,repairs329-8831-500.34-05157.001016Irrigation checks,repairs329-8831-500.34-05647.001022Irrigation checks,repairs305-8831-500.34-05162.001023Irrigation checks,repairs311-8831-500.34-05368.001024Irrigation checks,repairs329-8831-500.34-05176.001025Irrigation checks,repairs327-8831-500.34-05270.001026Irrigation checks,repairs327-8831-500.34-05391.001030Irrigation repair329-8831-500.34-0540.001032Water filter change341-8831-500.34-0545.001032Water filter change325-8831-500.34-0590.001032Water filter change355-8831-500.34-0545.001032Water filter change353-8831-500.34-0545.001033Irrigation checks305-8831-500.34-0554.001034Irrigation checks305-8831-500.34-0542.001035Irrigation checks,repairs329-8831-500.34-05411.001036Irrigation checks,repairs329-8831-500.34-05138.001037Irrigation checks307-8831-500.34-05192.001038Irrigation checks,repairs338-8831-500.34-05315.001039Irrigation checks,repairs341-8831-500.34-05339.001042Irrigation checks353-8831-500.34-0560.001045Water filter change341-8831-500.34-0545.003.A.3.aPacket Pg. 25Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 16Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123708...12/14/2018...Monarch landscape llc, inc....1045Water filter change325-8831-500.34-0590.0022,881.00...1045Water filter change355-8831-500.34-0545.001045Water filter change353-8831-500.34-0545.001046Irrigation checks,repairs306-8831-500.34-0596.001047Irrigation checks,repairs306-8831-500.34-05109.001048Irrigation checks,repairs338-8831-500.34-05219.001064Irrigation checks355-8831-500.34-0572.0012370912/14/2018Mullen, arthurREQUEST 120418Reimburse h/d/v expense010-2500-425.11-90125.40125.4012371012/14/2018Nacho's automotive electric018505Strobe light repair, #621010-7100-410.33-50260.00260.0012371112/14/2018Nutrien ag solutions,inc(crop prod)37818160Gloves, safety glasses010-4140-410.21-3519.891,039.1437818163Turf trax blue010-4140-410.21-1439.7837818165Makaze, turf trax blue010-4140-410.21-14489.7337818165Makaze, turf trax blue010-4150-410.21-14489.7412371212/14/2018O'reilly auto parts,inc.5531-289942Wiper blades unit 350055-4170-450.33-5051.1274.595531-291179Antifreeze, wiper fluid050-9000-450.33-5023.4712371312/14/2018Office team52346751W/e 11/30/18, l. johnson011-1700-417.10-04819.28819.2812371412/14/2018Online information services, inc.898545Utility exchange reports050-1400-414.34-0551.25229.69898545Utility exchange reports055-1400-414.34-0551.25468300000223Collection service fee050-0000-308.09-10127.1912371512/14/2018Overnight industrial supply,inc.14743Misc supplies010-4200-410.21-10294.29442.3414744Roll liners010-4200-410.21-10148.0512371612/14/2018Paisley, sharonREQUEST 112818Reimburse h/d/v expense010-2500-425.11-90265.00265.0012371712/14/2018Pereida, salvadorREQUEST 120318Reimburse h/d/v expense010-2500-425.11-9055.0055.0012371812/14/2018Preferred benefit insurance admin.EIA26390Premium december 2018085-0000-202.21-323,864.943,967.54EIA26390Cobra premium dec 2018065-0000-201.08-64102.6012371912/14/2018Pro care landscape services, inc25115Rodent removal service341-8831-500.34-05170.002,960.0025116Rodent removal service343-8831-500.34-05290.0025117Rodent service327-8831-500.34-05330.0025117Rodent service307-8831-500.34-05450.0025117Rodent service338-8831-500.34-05450.0025117Rodent service305-8831-500.34-05230.003.A.3.aPacket Pg. 26Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 17Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123719...12/14/2018...Pro care landscape services, inc...25117Rodent service376-8831-500.34-05360.002,960.00...25118Rodent service308-8831-500.34-05290.0025119Rodent service025-7252-410.34-05230.0025120Rodent service010-7100-410.34-05160.0012372012/14/2018Probity automotive specialists,inc.13425Emissions test unit 953010-3320-431.33-5050.00391.0613426Emissions test unit 946010-3320-431.33-5050.0013674Parts, labor unit 619010-7100-410.33-50291.0612372112/14/2018R.a.rispalje construction151Work performed hofmann pk025-7100-410.34-051,271.753,766.75152Weed abatemt basin slopes363-8831-500.34-052,222.00153Frontage design346-8831-500.34-05273.0012372212/14/2018Ramirez, andyREQUEST 112818Reimburse h/d/v expense010-2500-425.11-905.005.0012372312/14/2018Ramona humane society, inc.COSJ113018Shltr/aco srvcs nov 2018010-3320-431.34-0516,718.0116,718.0112372412/14/2018Riverside university health system1112S.a. exam october 2018010-3100-431.30-901,100.001,100.0012372512/14/2018Rk engineering group, inc.181003Services provided oct '18199-9999-425.40-013,500.003,500.0012372612/14/2018Romeril plumbing & hardware15437Misc plumbing & supplies010-7100-410.21-12126.97987.0715443Misc plumbing & supplies010-4150-410.21-1248.9615450Misc plumbing & supplies055-4170-450.21-1269.6215462Misc plumbing & supplies010-7100-410.21-1248.1915477Misc plumbing & supplies010-4140-410.21-12247.1015481Misc plumbing & supplies055-4170-450.21-1233.3515483Misc plumbing & supplies010-7100-410.21-1259.8215486Misc plumbing & supplies010-7100-410.21-1284.8715490Misc plumbing & supplies010-7101-410.21-1221.5115499Misc plumbing & supplies010-7100-410.21-12234.2115500Misc plumbing & supplies034-3200-431.33-108.9315509Misc plumbing & supplies010-7100-410.21-123.5412372712/14/2018Row traffic safety inc16174Sns sign024-4150-410.21-3644.6144.6112372812/14/2018Samano, pabloREQUEST 121018Reimburse h/d/v expense010-2500-425.11-9080.0080.0012372912/14/2018Southern california edison10312018Non energy charge corr048-1400-414.30-909,948.169,948.1612373012/14/2018Southern california edisonREQUEST 121118Electricity service010-4150-410.35-14610.5428,331.78REQUEST 121118Electricity service010-4200-410.35-14272.293.A.3.aPacket Pg. 27Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 18Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123730...12/14/2018...Southern california edison...REQUEST 121118Electricity service010-6100-425.35-14700.8028,331.78...REQUEST 121118Electricity service010-6500-425.35-1433.96REQUEST 121118Electricity service025-7100-410.35-1436.76REQUEST 121118Electricity service025-7260-410.35-1412,062.55REQUEST 121118Electricity service050-9000-450.35-14506.43REQUEST 121118Electricity service065-0000-201.06-0615.92REQUEST 121118Electricity service332-8831-500.35-1481.96REQUEST 121118Electricity service351-8831-500.35-1423.37REQUEST 121118Electricity service367-8831-500.35-1455.23REQUEST 121118Electricity service348-8831-500.35-1447.78REQUEST 121118Electricity service359-8831-500.35-1414.52REQUEST 121118Electricity service332-8831-500.35-1492.10REQUEST 121118Electricity service010-4150-410.35-142,503.87REQUEST 121118Electricity service010-4150-410.35-14-0.03REQUEST 121118Electricity service010-4150-410.35-14171.92REQUEST 121118Electricity service025-7260-410.35-1437.78REQUEST 121118Electricity service302-8831-500.35-14222.58REQUEST 121118Electricity service306-8831-500.35-14225.70REQUEST 121118Electricity service308-8831-500.35-14682.40REQUEST 121118Electricity service309-8831-500.35-14290.01REQUEST 121118Electricity service310-8831-500.35-14338.43REQUEST 121118Electricity service311-8831-500.35-14209.19REQUEST 121118Electricity service313-8831-500.35-14518.30REQUEST 121118Electricity service314-8831-500.35-1411.72REQUEST 121118Electricity service315-8831-500.35-144.12REQUEST 121118Electricity service316-8831-500.35-1447.08REQUEST 121118Electricity service319-8831-500.35-14112.23REQUEST 121118Electricity service319-8832-500.35-1421.79REQUEST 121118Electricity service321-8831-500.35-14269.59REQUEST 121118Electricity service322-8831-500.35-14424.98REQUEST 121118Electricity service323-8831-500.35-14328.62REQUEST 121118Electricity service324-8831-500.35-1435.843.A.3.aPacket Pg. 28Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 19Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123730...12/14/2018...Southern california edison...REQUEST 121118Electricity service325-8831-500.35-14522.1528,331.78...REQUEST 121118Electricity service326-8831-500.35-141,024.01REQUEST 121118Electricity service327-8831-500.35-14552.45REQUEST 121118Electricity service330-8831-500.35-14177.33REQUEST 121118Electricity service332-8831-500.35-14588.88REQUEST 121118Electricity service333-8831-500.35-14138.07REQUEST 121118Electricity service335-8831-500.35-1474.60REQUEST 121118Electricity service336-8831-500.35-1416.92REQUEST 121118Electricity service337-8831-500.35-14169.95REQUEST 121118Electricity service339-8831-500.35-14139.54REQUEST 121118Electricity service340-8831-500.35-1462.77REQUEST 121118Electricity service341-8831-500.35-14313.95REQUEST 121118Electricity service342-8831-500.35-1410.64REQUEST 121118Electricity service343-8831-500.35-14660.02REQUEST 121118Electricity service345-8831-500.35-14908.42REQUEST 121118Electricity service346-8831-500.35-14478.23REQUEST 121118Electricity service351-8831-500.35-1488.51REQUEST 121118Electricity service352-8831-500.35-145.86REQUEST 121118Electricity service354-8831-500.35-1412.09REQUEST 121118Electricity service359-8831-500.35-1411.86REQUEST 121118Electricity service360-8831-500.35-14106.38REQUEST 121118Electricity service362-8831-500.35-14338.18REQUEST 121118Electricity service366-8831-500.35-1426.55REQUEST 121118Electricity service367-8831-500.35-1491.51REQUEST 121118Electricity service369-8831-500.35-1413.93REQUEST 121118Electricity service371-8831-500.35-1415.84REQUEST 121118Electricity service373-8831-500.35-1416.06REQUEST 121118Electricity service375-8831-500.35-1425.91REQUEST 121118Electricity service376-8831-500.35-14521.18REQUEST 121118Electricity service385-8831-500.35-1425.26REQUEST 121118Electricity service386-8831-500.35-1474.64REQUEST 121118Electricity service388-8831-500.35-1415.933.A.3.aPacket Pg. 29Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 20Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123730...12/14/2018...Southern california edison...REQUEST 121118Electricity service389-8831-500.35-1410.5528,331.78...REQUEST 121118Electricity service390-8831-500.35-1427.20REQUEST 121118Electricity service391-8831-500.35-1425.60REQUEST 121118Electricity service309-8831-500.35-149.75REQUEST 121118Electricity service359-8831-500.35-1420.7312373112/14/2018Staples business advantage, inc.3396779251Office supplies011-1700-417.21-10178.33883.993396779251Office supplies010-1210-412.21-1070.783396779251Office supplies010-1110-411.21-1053.333396779251Office supplies010-2500-425.21-1026.813397135029Office supplies010-2500-425.21-10125.083397135030Office supplies010-1210-412.21-1039.333397135030Office supplies010-2500-425.21-10150.963397135031Office supplies010-1400-414.21-1048.973397135031Office supplies010-2500-425.21-10190.4012373212/14/2018Star auto parts212824Wiper blades010-4140-410.33-5016.1432.28212895Wiper blades unit 618010-7100-410.33-5016.1412373312/14/2018State of california dept of justice340366Analysis october 2018010-3100-431.34-05140.00140.0012373412/14/2018State water resources control boardWD-0141132Annual permit fee055-4170-450.30-902,286.002,286.0012373512/14/2018Steno solutions, inc.4316512 reports november 2018010-3100-431.34-05140.31140.3112373612/14/2018Sullens, prestonREQUEST 120318Reimburse h/d/v expense010-2500-425.11-9035.0035.0012373712/14/2018Superior pavement markings,inc.10574Services thru 11/5/2018010-4150-410.34-056,080.006,080.0012373812/14/2018Talley metal fabrication, inc.31530Tube steel sign mounts303-8831-500.34-05275.00275.0012373912/14/2018That real estate photographer, inc580Event photography010-2510-425.40-14300.00300.0012374012/14/2018Time warner cable0543731120118Service 12/1 - 1/9/2019017-2290-418.34-20379.051,101.530604517120118Service 12/11 - 1/10/2019017-2290-418.34-20722.4812374112/14/2018Time warner cable -city hall acct066798501120118Service december 2018017-2290-418.34-20627.68627.6812374212/14/2018Tony's tires112620182 new tires unit 301050-9000-450.33-50230.00230.0012374312/14/2018U.s. healthworks medical group, pc3432559-CAPe-dot, j. holmes010-1210-412.30-9099.00606.003432559-CAPe-basic, l. matley010-1210-412.30-90169.003438479-CAPe-basic, b. gonnella010-1210-412.30-90169.003441046-CAPe-basic, l. johnson010-1210-412.30-90169.003.A.3.aPacket Pg. 30Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 21Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12374412/14/2018U.s. postmaster12012018Po box renewal jan-dec'19010-2500-425.21-65250.00250.0012374512/14/2018Underground service alert1120180667Tickets november 2018050-9000-450.34-0584.2584.2512374612/14/2018Usa blue book743807Meter box lid lifter 36'050-9000-450.21-12106.56395.467481453 class 3 jackets, pants050-9000-450.21-35219.55749401Class 3 jacket055-4170-450.21-3569.3512374712/14/2018Vasquez, victorREQUEST 112918Reimburse h/d/v expense010-2500-425.11-90158.00158.0012374812/14/2018Villarroel, juanREQUEST 120518Reimburse h/d/v expense010-2500-425.11-90629.40629.4012374912/14/2018Walton, angelaREQUEST 120618Reimb gift card purchase065-0000-201.06-0350.0050.0012375012/14/2018West coast arborists, inc140882Tree pruning service301-8831-500.34-052,916.006,352.00140880Tree pruning service301-8831-500.34-053,436.0012375112/14/2018Williamson, derekREQUEST 120318Reimburse h/d/v expense010-2500-425.11-90243.58243.5812375212/14/2018Windstream (formerly paetec)70729085Communication service010-3100-431.35-161,279.801,279.8012375312/14/2018Youhouse, josephREQUEST 112018Reimburse h/d/v expense010-2500-425.11-90654.50654.5012375412/21/2018Aarvig & associates, apc33922Defense cost/claim js1701020-2200-419.30-901,781.073,617.0333925Defense cost/claim js1713020-2200-419.30-901,835.9612375512/21/2018Action surveys1877-101518Service provided199-9999-425.40-016,720.006,720.0012375612/21/2018Albert a. webb associates, inc.185455Service thru 11/24/2018199-9999-425.40-01585.001,033.64185458Service thru 11/24/2018199-9999-425.40-01448.6412375712/21/2018Anady's trophies, inc.108936Plaque/sjpd k-9 wyatt010-1100-411.21-11107.66107.6612375812/21/2018Aramark uniform1450413534Uniform service010-7101-410.21-354.79127.871450413534Uniform service010-7100-410.21-3514.371450413535Floor mat service050-1400-414.34-059.261450413535Floor mat service010-4200-410.34-0515.671450413536Uniform service010-4150-410.21-3515.511450413537Uniform service010-4140-410.21-3514.421450413537Uniform service055-4170-450.21-3519.161450413537Uniform service050-9000-450.21-3534.6912375912/21/2018Azavar audit,inc.146350Sce audit / #41 of 48010-1400-414.30-9015.9615.9612376012/21/2018Babcock laboratories, inc.BL80529-0278General physical analysis050-9000-450.30-9030.00300.00BL80623-0278Coliforms p/a by mmo/mug050-9000-450.30-9070.00BL80625-0278Trichloropropane050-9000-450.30-90200.003.A.3.aPacket Pg. 31Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 22Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12376112/21/2018Bank of america business cardREQUEST 121718Stadium pizza010-1100-411.31-2065.1165.1112376212/21/2018Bank of america business cardREQUEST 121718National biz furniture010-4200-410.40-453,668.673,768.67REQUEST 121718Ca department pesticide010-4150-410.31-2050.00REQUEST 121718Ca department pesticide010-4150-410.31-2050.0012376312/21/2018Bank of america business cardREQUEST 121718Usps.com010-1400-414.21-6520.1020.1012376412/21/2018Bank of america business cardREQUEST 121718Pizza hut/cal fire crew010-7100-410.30-90136.94131.47REQUEST 121718Pizza hut/rebate010-7100-410.30-90-5.4712376512/21/2018Bank of america business cardREQUEST 121718Dui ckpoint plan & mgmt024-3100-431.31-20129.00516.00REQUEST 121718Dui ckpoint plan & mgmt024-3100-431.31-20129.00REQUEST 121718Dui ckpoint plan & mgmt024-3100-431.31-20129.00REQUEST 121718Dui ckpoint plan & mgmt024-3100-431.31-20129.0012376612/21/2018Bank of america business cardREQUEST 121718Emilios restauarnt065-0000-201.06-031,239.001,239.0012376712/21/2018Bank of america business cardREQUEST 121718League of ca cities010-1100-411.31-20575.002,008.63REQUEST 121718League of ca cities010-1100-411.31-20575.00REQUEST 121718Namerrs signs & printing010-1100-411.36-10517.20REQUEST 121718Amazon.com010-2500-425.21-10248.83REQUEST 121718Littly italy restaurant010-1200-412.31-2018.04REQUEST 121718Littly italy restaurant010-1100-411.31-209.02REQUEST 121718Amazon.com010-1100-411.21-1065.5412376812/21/2018Brenntag pacific, inc.BPI900302Sodium hypochlorite050-9000-450.21-121,048.621,048.6212376912/21/2018Castillo-calderon, isauroREQUEST 112818Reimb work boot purchase010-4140-410.21-35200.00200.0012377012/21/2018Ced - san jacinto, inc.2983-512106Electrical supplies010-4150-410.21-1276.5076.5012377112/21/2018Dave's hauling1242018 ACleaned up basin308-8831-500.34-05100.001,050.001242018 BCleaned up basin307-8831-500.34-0550.0012122018Cleaned up easement323-8831-500.34-05350.0012142018 AStreet easement clean up025-7250-410.34-05350.0012142018 BStreet easement clean up025-7250-410.34-05200.0012377212/21/2018Diamond bright dry cleaners7269Dry cleaning service010-1100-411.31-2068.00112.007349Dry cleaning service010-1100-411.31-2044.0012377312/21/2018Elite customs constructionEC-VLVECHK1210Irrigation valve checks308-8831-500.34-05528.006,310.00EC-VLVECHK1210Irrigation valve checks313-8831-500.34-05354.003.A.3.aPacket Pg. 32Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 23Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123773...12/21/2018...Elite customs construction...EC-VLVECHK1210Irrigation valve checks321-8831-500.34-05246.006,310.00...EC-VLVECHK1210Irrigation valve checks323-8831-500.34-0560.00EC-VLVECHK1210Irrigation valve checks326-8831-500.34-05516.00EC-VLVECHK1210Irrigation valve checks332-8831-500.34-05270.00EC-VLVECHK1210Irrigation valve checks343-8831-500.34-05390.00EC-VLVECHK1210Irrigation valve checks345-8831-500.34-05582.00EC-VLVECHK1210Irrigation valve checks346-8831-500.34-05270.00EC-VLVECHK1210Irrigation valve checks362-8831-500.34-05168.00EC-Z81210Install 2 24gal trees308-8831-500.34-05600.00EC-Z8IR1210Irrigation repairs308-8831-500.34-05314.00EC-Z13IR1210Irrigation repairs313-8831-500.34-05129.00EC-Z21IR1210Irrigation repairs321-8831-500.34-0551.00EC-Z23IR1210Irrigation repairs323-8831-500.34-0531.00EC-Z26IR1210Irrigation repairs326-8831-500.34-05428.00EC-Z32IR1210Irrigation repairs332-8831-500.34-05590.00EC-Z43IR1210Irrigation repairs343-8831-500.34-05129.00EC-Z45IR1210Irrigation repairs345-8831-500.34-05372.00EC-Z46IR1210Irrigation repairs346-8831-500.34-0551.00EC-Z62IR1210Irrigation repairs362-8831-500.34-05231.0012377412/21/2018Employment screening services, inc40997140590Pre-employment check010-1210-412.30-90131.00131.0012377512/21/2018Ez sunnyday landscape1137Irrigation repairs025-7252-410.34-05210.00470.001138Irrigation repairs025-7252-410.34-0540.001139Irrigation repairs025-7100-410.34-0580.001140Irrigation repairs025-7250-410.34-0520.001141Irrigation repairs025-7252-410.34-05120.0012377612/21/2018Fedex corporation6-391-65182Delivery service011-3300-431.21-6547.80407.386-391-65182Delivery service010-1210-412.21-6566.176-391-65182Delivery service010-1200-412.21-6562.116-391-65182Delivery service011-1700-417.21-6548.946-399-51652Delivery service011-1700-417.21-6532.476-399-51652Delivery service010-1200-412.21-6523.696-399-51652Delivery service010-1110-411.21-6565.613.A.3.aPacket Pg. 33Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 24Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123776...12/21/2018...Fedex corporation...6-399-51652Delivery service010-1210-412.21-6560.59407.38...12377712/21/2018Fm lock and safe,inc.103908Keys010-4150-410.21-1223.3823.3812377812/21/2018Frontier communicationsREQUEST 121818Telephone service050-9000-450.35-1683.4183.4112377912/21/2018Hdl software, llc0013535-INBus lic software use fee010-1701-417.34-054,056.734,056.7312378012/21/2018Hemet fence corp2481Install fence338-8831-500.34-053,100.003,100.0012378112/21/2018Hemet industrial supply48565Hoses010-4150-410.21-1289.9889.9812378212/21/2018Home depot credit services2013138Grinder,drill/imp/sawzall010-7100-410.21-80433.91503.432013137Rake, scoop010-4140-410.21-1269.5212378312/21/2018Horizon water7-24-45-121318Drinking water service010-2500-425.21-109.0076.507-24-45-121318Drinking water service010-3100-431.21-1067.5012378412/21/2018J & m air conditioning (dba)I-1315-1Maintenance service010-3100-431.33-10744.00744.0012378512/21/2018Ktua planning & landscape architect30719Services november 2018199-9999-425.40-019,354.759,354.7512378612/21/2018Lake hemet municipal water district12052018Water service/ agape322-8831-500.35-10289.50526.9712052018Water srvc/ bastille way302-8831-500.35-1075.2412052018Water srvc/ gospel drive367-8831-500.35-1066.3612052018Water srvc/ washington367-8831-500.35-1095.8712378712/21/2018Lennar homesREQUEST 121718Refund permit change011-0000-303.02-21213.30233.81REQUEST 121718Refund permit change011-0000-308.06-012.31REQUEST 121718Refund permit change011-0000-308.06-118.68REQUEST 121718Refund permit change065-0000-201.08-681.12REQUEST 121718Refund permit change011-0000-308.06-308.4012378812/21/2018Lynn merrill and associates, inc.NUMBER T19-11Services november 2018010-4140-410.34-06274.191,179.22NUMBER FY 19-5Services november 2018056-4150-410.34-0586.63NUMBER FY 19-5Services november 2018010-4140-410.34-0625.58NUMBER FY 19-5Services november 2018010-4140-410.34-06792.8212378912/21/2018MailfinanceN7470425Certified mail update010-2500-425.34-05221.62221.6212379012/21/2018Mckenna lanier group, inc2018 SJ 203Services aug/sept/oct '18065-0000-211.21-01525.0019,696.252018 SJ 204Services sept/oct 2018065-0000-211.21-011,012.502018 SJ 205Services sept/oct 2018065-0000-211.21-01303.752018 SJ 206Services aug/sept/oct '18065-0000-211.21-01735.002018 SJ 207Services sept/oct 2018065-0000-211.21-011,338.753.A.3.aPacket Pg. 34Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 25Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123790...12/21/2018...Mckenna lanier group, inc...2018 SJ 208Services aug/sept/oct '18199-9999-425.40-015,886.2519,696.25...2018 SJ 209Services august/sept 2018065-0000-211.21-01532.502018 SJ 210Services aug/sept/oct '18065-0000-211.21-012,317.502018 SJ 212Services september 2018065-0000-211.21-0167.502018 SJ 213Services august 2018065-0000-201.06-20135.002018 SJ 214Services aug/sept/oct '18065-0000-201.06-20371.252018 SJ 215Services october 2018065-0000-201.06-20303.752018 SJ 216Services sept/oct 2018065-0000-201.06-20236.252018 SJ 217Services august/sept 2018065-0000-201.06-20438.752018 SJ 218Services september 2018065-0000-201.06-2067.502018 SJ 219Services august/sept 2018065-0000-201.06-20270.002018 SJ 220Services aug/sept/oct '18065-0000-201.06-20978.752018 SJ 221Services aug/sept/oct '18065-0000-201.06-20573.752018 SJ 222Services sept/oct 2018065-0000-201.06-20776.252018 SJ 223Services sept/oct 2018065-0000-201.06-20236.252018 SJ 224Services aug/sept/oct '18011-1700-417.30-901,105.002018 SJ 225Services aug/sept/oct '18065-0000-211.21-011,485.0012379112/21/2018Molly ibarraREQUEST 121018Reimb doj fingerprint fee010-1210-412.30-9057.0057.0012379212/21/2018National safety compliance, inc.75294Epn reports october 2018010-4200-410.34-054.0072.0075294Epn reports october 2018010-4150-410.34-0512.0075294Epn reports october 2018010-7100-410.34-0516.0075294Epn reports october 2018010-1110-411.34-054.0075355Dqf online monthly fee050-9000-450.34-057.5075355Dqf online monthly fee010-4150-410.34-055.0075355Dqf online monthly fee055-4170-450.34-052.5075355Dqf online monthly fee010-7100-410.34-052.5075355Dqf online monthly fee010-4140-410.34-052.5075743Epn report - november '18102-1400-500.34-054.0075743Epn report - november '18010-4150-410.34-054.0075743Epn report - november '18010-1110-411.34-058.0012379312/21/2018O'reilly auto parts,inc.5531-291306Antifreeze unit 301050-9000-450.33-5016.1536.615531-292495Antifreeze unit 331055-4170-450.33-5020.463.A.3.aPacket Pg. 35Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 26Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12379412/21/2018Perma12032018Worker's comp deposit018-0000-103.12-3938,587.5038,587.5012379512/21/2018R.a.rispalje construction154R & r flowers359-8831-500.34-05465.001,715.00155Landscape maintenance351-8831-500.34-051,250.0012379612/21/2018Regional government services9137Contract services nov'18010-1210-412.34-05432.00432.0012379712/21/2018Riverside county info technologyIT00000024673 apx 7500 dual band024-3100-431.34-05590.97590.9712379812/21/2018Riverside county sheriff departmentSH0000034278Contract law bp # 5010-3100-431.34-04621,225.87720,141.56SH0000034278Contract law bp # 5010-3100-431.34-0619,219.83SH0000034278Contract law bp # 5034-3100-431.34-0479,695.8612379912/21/2018Riverside, county ofREQUEST 121718Parking fee collections010-0000-304.03-352,017.502,017.5012380012/21/2018Romeril plumbing & hardware15456Misc plumbing & supplies010-3100-431.21-509.699.6912380112/21/2018Row traffic safety inc16186Uniform jackets, boots010-7100-410.21-3591.21450.0216186Uniform jackets, boots010-4140-410.21-35199.1716186Uniform jackets, boots010-4150-410.21-35159.6412380212/21/2018Schneider electric inc41730225-01Scada system softwr supp050-9000-450.33-301,200.002,916.0041730225-01Scada system softwr supp055-4170-450.33-301,716.0012380312/21/2018Securtec district patrol, inc.1118-SJAPatrol service nov 2018056-4150-410.34-056,660.006,660.0012380412/21/2018Southern california edisonREQUEST 121818Electricity service010-2500-425.35-141,246.0128,708.74REQUEST 121818Electricity service010-3100-431.35-141,107.75REQUEST 121818Electricity service010-4150-410.35-14126.67REQUEST 121818Electricity service010-4200-410.35-1427.32REQUEST 121818Electricity service010-7100-410.35-14352.39REQUEST 121818Electricity service025-7100-410.35-14231.38REQUEST 121818Electricity service025-7250-410.35-14801.40REQUEST 121818Electricity service025-7252-410.35-14703.46REQUEST 121818Electricity service025-7260-410.35-14530.71REQUEST 121818Electricity service034-3200-431.35-14627.28REQUEST 121818Electricity service050-9000-450.35-1413,580.24REQUEST 121818Electricity service055-4170-450.35-1491.20REQUEST 121818Electricity service201-8850-500.35-1486.98REQUEST 121818Electricity service301-8831-500.35-1499.97REQUEST 121818Electricity service302-8831-500.35-1427.073.A.3.aPacket Pg. 36Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 27Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123804...12/21/2018...Southern california edison...REQUEST 121818Electricity service303-8831-500.35-1454.2328,708.74...REQUEST 121818Electricity service304-8831-500.35-1468.84REQUEST 121818Electricity service305-8831-500.35-1454.30REQUEST 121818Electricity service306-8831-500.35-1460.73REQUEST 121818Electricity service307-8831-500.35-14302.85REQUEST 121818Electricity service308-8831-500.35-1466.80REQUEST 121818Electricity service309-8831-500.35-1471.70REQUEST 121818Electricity service313-8831-500.35-1454.94REQUEST 121818Electricity service316-8831-500.35-1427.00REQUEST 121818Electricity service317-8831-500.35-1427.07REQUEST 121818Electricity service320-8831-500.35-1459.61REQUEST 121818Electricity service321-8831-500.35-1429.54REQUEST 121818Electricity service325-8831-500.35-1427.07REQUEST 121818Electricity service326-8831-500.35-14250.58REQUEST 121818Electricity service327-8831-500.35-14279.37REQUEST 121818Electricity service329-8831-500.35-1482.63REQUEST 121818Electricity service338-8831-500.35-1476.14REQUEST 121818Electricity service345-8831-500.35-14240.03REQUEST 121818Electricity service346-8831-500.35-1425.92REQUEST 121818Electricity service355-8831-500.35-1440.79REQUEST 121818Electricity service365-8831-500.35-1431.94REQUEST 121818Electricity service368-8831-500.35-1426.85REQUEST 121818Electricity service376-8831-500.35-1427.70REQUEST 121818Electricity service309-8831-500.35-1476.05REQUEST 121818Electricity service345-8831-500.35-14372.10REQUEST 121818Electricity service301-8831-500.35-14749.71REQUEST 121818Electricity service304-8831-500.35-14117.17REQUEST 121818Electricity service317-8831-500.35-1482.01REQUEST 121818Electricity service346-8831-500.35-14228.13REQUEST 121818Electricity service310-8831-500.35-1443.53REQUEST 121818Electricity service010-4150-410.35-141,575.16REQUEST 121818Electricity service010-4150-410.35-14-0.013.A.3.aPacket Pg. 37Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 28Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123804...12/21/2018...Southern california edison...REQUEST 121818Electricity service025-7260-410.35-1448.7028,708.74...REQUEST 121818Electricity service025-7260-410.35-14242.06REQUEST 121818Electricity service301-8831-500.35-1427.67REQUEST 121818Electricity service303-8831-500.35-14241.84REQUEST 121818Electricity service307-8831-500.35-14738.76REQUEST 121818Electricity service308-8831-500.35-144.21REQUEST 121818Electricity service309-8831-500.35-14298.24REQUEST 121818Electricity service312-8831-500.35-1435.84REQUEST 121818Electricity service315-8831-500.35-1415.93REQUEST 121818Electricity service319-8832-500.35-145.15REQUEST 121818Electricity service320-8831-500.35-14510.26REQUEST 121818Electricity service327-8831-500.35-145.83REQUEST 121818Electricity service329-8831-500.35-14570.36REQUEST 121818Electricity service330-8831-500.35-144.40REQUEST 121818Electricity service334-8831-500.35-140.37REQUEST 121818Electricity service335-8831-500.35-140.43REQUEST 121818Electricity service336-8831-500.35-140.49REQUEST 121818Electricity service337-8831-500.35-140.27REQUEST 121818Electricity service338-8831-500.35-14594.51REQUEST 121818Electricity service339-8831-500.35-140.54REQUEST 121818Electricity service340-8831-500.35-144.21REQUEST 121818Electricity service342-8831-500.35-140.21REQUEST 121818Electricity service346-8831-500.35-144.21REQUEST 121818Electricity service347-8831-500.35-147.30REQUEST 121818Electricity service349-8831-500.35-143.16REQUEST 121818Electricity service350-8831-500.35-145.83REQUEST 121818Electricity service351-8831-500.35-148.40REQUEST 121818Electricity service357-8831-500.35-144.21REQUEST 121818Electricity service359-8831-500.35-145.90REQUEST 121818Electricity service360-8831-500.35-1410.31REQUEST 121818Electricity service365-8831-500.35-14113.27REQUEST 121818Electricity service366-8831-500.35-144.403.A.3.aPacket Pg. 38Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 29Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123804...12/21/2018...Southern california edison...REQUEST 121818Electricity service368-8831-500.35-1433.7428,708.74...REQUEST 121818Electricity service374-8831-500.35-144.40REQUEST 121818Electricity service376-8831-500.35-1417.54REQUEST 121818Electricity service383-8831-500.35-147.96REQUEST 121818Electricity service385-8831-500.35-142.60REQUEST 121818Electricity service301-8831-500.35-1412.96REQUEST 121818Electricity service304-8831-500.35-142.06REQUEST 121818Electricity service308-8831-500.35-144.48REQUEST 121818Electricity service310-8831-500.35-140.88REQUEST 121818Electricity service315-8831-500.35-146.54REQUEST 121818Electricity service318-8831-500.35-145.09REQUEST 121818Electricity service319-8832-500.35-1415.14REQUEST 121818Electricity service324-8831-500.35-145.09REQUEST 121818Electricity service327-8831-500.35-148.03REQUEST 121818Electricity service330-8831-500.35-148.20REQUEST 121818Electricity service333-8831-500.35-140.51REQUEST 121818Electricity service334-8831-500.35-140.32REQUEST 121818Electricity service335-8831-500.35-140.36REQUEST 121818Electricity service336-8831-500.35-140.42REQUEST 121818Electricity service337-8831-500.35-140.23REQUEST 121818Electricity service339-8831-500.35-140.46REQUEST 121818Electricity service340-8831-500.35-144.48REQUEST 121818Electricity service342-8831-500.35-140.18REQUEST 121818Electricity service346-8831-500.35-144.48REQUEST 121818Electricity service347-8831-500.35-1419.73REQUEST 121818Electricity service349-8831-500.35-149.17REQUEST 121818Electricity service350-8831-500.35-148.03REQUEST 121818Electricity service351-8831-500.35-1416.43REQUEST 121818Electricity service354-8831-500.35-146.54REQUEST 121818Electricity service357-8831-500.35-144.48REQUEST 121818Electricity service359-8831-500.35-1428.49REQUEST 121818Electricity service360-8831-500.35-1415.703.A.3.aPacket Pg. 39Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 30Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123804...12/21/2018...Southern california edison...REQUEST 121818Electricity service366-8831-500.35-148.2028,708.74...REQUEST 121818Electricity service371-8831-500.35-146.54REQUEST 121818Electricity service372-8831-500.35-145.09REQUEST 121818Electricity service373-8831-500.35-146.54REQUEST 121818Electricity service374-8831-500.35-1412.85REQUEST 121818Electricity service375-8831-500.35-145.53REQUEST 121818Electricity service376-8831-500.35-148.03REQUEST 121818Electricity service383-8831-500.35-145.09REQUEST 121818Electricity service385-8831-500.35-148.5712380512/21/2018Staples business advantage, inc.3398263131Office supplies010-2500-425.21-1085.46144.823398263131Office supplies010-3320-431.21-1011.843398263131Office supplies010-1400-414.21-1019.943398263131Office supplies010-1210-412.21-1027.5812380612/21/2018Star auto parts212974Tail light, wiper blades050-9000-450.33-5029.6041.44212975Headlight unit 311050-9000-450.33-5011.8412380712/21/2018Stc traffic, inc.3100Traffic study011-1700-417.30-90700.00700.0012380812/21/2018Superion, llc (formerly sungard)220100Asp srvc maint jan 2019010-1400-414.34-054,576.954,576.9512380912/21/2018The soco group, inc.0589893-INChv cetus hipersyn 150-5050-9000-450.21-12456.45456.4512381012/21/2018Time warner cable0055371120218Service 12/10/18-1/9/2019010-3100-431.34-05261.66261.6612381112/21/2018Totalplan business interiors, inc.0810032 46" connect, tackboards010-3100-431.40-45251.67251.6712381212/21/2018Voyager fleet systems, inc.869158709847Fleet fuel050-9000-450.21-70238.352,040.53869158709847Fleet fuel055-4170-450.21-70588.24869158709847Fleet fuel010-4150-410.21-70690.39869158709847Fleet fuel010-7100-410.21-7048.61869158709847Fleet fuel010-4140-410.21-70306.24869158709847Fleet fuel024-3100-431.21-70168.7012381312/28/2018Abm janitorial services13235068Janitorial srvc dec 2018010-3100-431.34-052,073.652,073.6512381412/28/2018Air exchange,inc43478Repair srvc/plymovent sys034-3200-431.33-102,499.252,499.2512381512/28/2018Alltech industries inc595121Patrol service october'18301-8831-500.34-05211.0514,351.80595121Patrol service october'18303-8831-500.34-05211.05595121Patrol service october'18307-8831-500.34-05211.053.A.3.aPacket Pg. 40Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 31Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123815...12/28/2018...Alltech industries inc...595121Patrol service october'18308-8831-500.34-05211.0514,351.80...595121Patrol service october'18311-8831-500.34-05211.05595121Patrol service october'18313-8831-500.34-05211.05595121Patrol service october'18320-8831-500.34-05211.05595121Patrol service october'18321-8831-500.34-05211.05595121Patrol service october'18322-8831-500.34-05211.05595121Patrol service october'18325-8831-500.34-05211.05595121Patrol service october'18326-8831-500.34-05211.05595121Patrol service october'18327-8831-500.34-05211.05595121Patrol service october'18329-8831-500.34-05211.05595121Patrol service october'18331-8831-500.34-05211.05595121Patrol service october'18332-8831-500.34-05211.05595121Patrol service october'18338-8831-500.34-05211.05595121Patrol service october'18341-8831-500.34-05211.05595121Patrol service october'18343-8831-500.34-05211.05595121Patrol service october'18345-8831-500.34-05211.05595121Patrol service october'18346-8831-500.34-05211.05595121Patrol service october'18353-8831-500.34-05211.05595121Patrol service october'18355-8831-500.34-05211.05595121Patrol service october'18362-8831-500.34-05211.05595121Patrol service october'18363-8831-500.34-05211.05595121Patrol service october'18376-8831-500.34-05211.05595121Patrol service october'18010-2500-425.34-05211.25595121Patrol service october'18025-7100-410.34-05211.05595121Patrol service october'18025-7100-410.34-05211.05595121Patrol service october'18025-7100-410.34-05211.05595121Patrol service october'18025-7100-410.34-05211.05595121Patrol service october'18025-7100-410.34-05211.05595121Patrol service october'18025-7100-410.34-05211.05595121Patrol service october'18025-7252-410.34-05211.05595121Patrol service october'18010-4200-410.34-05211.05595122Patrol service nov 2018301-8831-500.34-05211.053.A.3.aPacket Pg. 41Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 32Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123815...12/28/2018...Alltech industries inc...595122Patrol service nov 2018303-8831-500.34-05211.0514,351.80...595122Patrol service nov 2018307-8831-500.34-05211.05595122Patrol service nov 2018308-8831-500.34-05211.05595122Patrol service nov 2018311-8831-500.34-05211.05595122Patrol service nov 2018313-8831-500.34-05211.05595122Patrol service nov 2018320-8831-500.34-05211.05595122Patrol service nov 2018321-8831-500.34-05211.05595122Patrol service nov 2018322-8831-500.34-05211.05595122Patrol service nov 2018325-8831-500.34-05211.05595122Patrol service nov 2018326-8831-500.34-05211.05595122Patrol service nov 2018327-8831-500.34-05211.05595122Patrol service nov 2018329-8831-500.34-05211.05595122Patrol service nov 2018331-8831-500.34-05211.05595122Patrol service nov 2018332-8831-500.34-05211.05595122Patrol service nov 2018338-8831-500.34-05211.05595122Patrol service nov 2018341-8831-500.34-05211.05595122Patrol service nov 2018343-8831-500.34-05211.05595122Patrol service nov 2018345-8831-500.34-05211.05595122Patrol service nov 2018346-8831-500.34-05211.05595122Patrol service nov 2018353-8831-500.34-05211.05595122Patrol service nov 2018355-8831-500.34-05211.05595122Patrol service nov 2018362-8831-500.34-05211.05595122Patrol service nov 2018363-8831-500.34-05211.05595122Patrol service nov 2018376-8831-500.34-05211.05595122Patrol service nov 2018010-2500-425.34-05211.25595122Patrol service nov 2018025-7100-410.34-05211.05595122Patrol service nov 2018025-7100-410.34-05211.05595122Patrol service nov 2018025-7100-410.34-05211.05595122Patrol service nov 2018025-7100-410.34-05211.05595122Patrol service nov 2018025-7100-410.34-05211.05595122Patrol service nov 2018025-7100-410.34-05211.05595122Patrol service nov 2018025-7252-410.34-05211.053.A.3.aPacket Pg. 42Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 33Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123815...12/28/2018...Alltech industries inc...595122Patrol service nov 2018010-4200-410.34-05211.0514,351.80...12381612/28/2018Aramark uniform1450425317Uniform servivce010-7101-410.21-354.79127.871450425317Uniform servivce010-7100-410.21-3514.371450425318Floor mat service050-1400-414.34-059.261450425318Floor mat service010-4200-410.34-0515.671450425319Uniform service010-4150-410.21-3515.511450425320Uniform service010-4140-410.21-3514.421450425320Uniform service055-4170-450.21-3519.161450425320Uniform service050-9000-450.21-3534.6912381712/28/2018Azavar audit,inc.146534Sce audit / #42 of 48010-1400-414.30-9015.9615.9612381812/28/2018Bank of america business cardREQUEST 122418Caled registra 3/27-29/19010-9600-960.31-20990.002,016.08REQUEST 122418Soboba casino010-9600-960.30-9066.08REQUEST 122418Dropbox (4 licenses)017-2290-418.34-05960.0012381912/28/2018Bcc benefit coordinators corp5414Premium january 2019085-0000-202.21-463,183.683,382.115414Employee supplemt jan2019085-0000-202.21-52198.465414Credit dec '18 premium085-0000-202.21-46-0.0312382012/28/2018Bowman signs18040Install clear panel010-2500-425.33-10222.24222.2412382112/28/2018Calpers supplemental income plansREQUEST 12261812/20/2018, sip # 452544085-0000-202.21-293,048.563,481.01REQUEST 122618Pers repaymt, sip #452544085-0000-202.21-28432.4512382212/28/2018Central county united wayREQUEST 122618Employee contrib dec'18085-0000-202.21-8054.0054.0012382312/28/2018Crabr property managementREQUEST 120518Refund water deposit050-0000-229.08-70180.71180.7112382412/28/2018CweaREQUEST 121718Coll sys maint cert renew055-4170-450.31-2087.0087.0012382512/28/2018CweaREQUEST 121718Mbrship renewal/s.pereida010-4140-410.31-20188.00188.0012382612/28/2018Doug van soest signature capitalREQUEST 120518Refund credit balance050-0000-308.09-102.54158.21REQUEST 120518Refund water deposit050-0000-229.08-70155.6712382712/28/2018Eastern municipal water districtREQUEST 122618Water purchase050-9000-450.35-2011,046.5411,046.5412382812/28/2018Eastern municipal water districtREQUEST 122618Water service010-7100-410.35-1024.173,932.86REQUEST 122618Water service025-7250-410.35-1096.33REQUEST 122618Water service025-7251-410.35-102,876.60REQUEST 122618Water service311-8831-500.35-10319.84REQUEST 122618Water service331-8831-500.35-1044.863.A.3.aPacket Pg. 43Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 34Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123828...12/28/2018...Eastern municipal water district...REQUEST 122618Water service339-8831-500.35-109.373,932.86...REQUEST 122618Water service343-8831-500.35-10561.6912382912/28/2018Elite customs constructionEC-LDSC1210Maintenenace noveber 2018308-8831-500.34-051,790.0014,420.00EC-LDSC1210Maintenenace noveber 2018313-8831-500.34-051,690.00EC-LDSC1210Maintenenace noveber 2018321-8831-500.34-051,000.00EC-LDSC1210Maintenenace noveber 2018323-8831-500.34-05200.00EC-LDSC1210Maintenenace noveber 2018326-8831-500.34-052,050.00EC-LDSC1210Maintenenace noveber 2018332-8831-500.34-051,300.00EC-LDSC1210Maintenenace noveber 2018343-8831-500.34-053,100.00EC-LDSC1210Maintenenace noveber 2018345-8831-500.34-052,000.00EC-LDSC1210Maintenenace noveber 2018346-8831-500.34-05730.00EC-LDSC1210Maintenenace noveber 2018362-8831-500.34-05320.00EC-LDSC1210Maintenenace noveber 2018364-8831-500.34-05240.0012383012/28/2018Engie services (formerly opterra)13074Monitoring november 2018050-9000-450.34-05334.962,470.2113075Maintenance fees nov'18050-9000-450.34-05949.5513076Monitoring november 2018050-9000-450.34-05309.2713077Maintenance fees nov'18050-9000-450.34-05876.4312383112/28/2018Espinosa, cynthiaREQUEST 121818Reimburse h/d/v expense010-2500-425.11-901,395.003,953.00REQUEST 121718Reimburse tuition fees010-2500-425.31-202,558.0012383212/28/2018Frontier communicationsREQUEST 121918Telephone service010-2500-425.35-16106.24212.08REQUEST 121918Telephone service050-9000-450.35-16105.8412383312/28/2018Galls, llc011410081Uniform pants010-3320-431.21-35143.52191.36011410091Uniform pants010-3320-431.21-3547.8412383412/28/2018Gosch chevrolet, inc5118059Oil change010-2500-425.33-5045.4245.4212383512/28/2018Hartford life insurance companiesREQUEST 12261812/20/18, group # 109947085-0000-202.21-291,200.001,200.0012383612/28/2018Icma retirement trustREQUEST 12261812/20/18, group # 300434085-0000-202.21-29740.00740.0012383712/28/2018Image sourceAR862406Copies 11/15 - 12/14/2018010-4200-410.34-05261.461,688.54AR863256Copies 11/18 - 12/17/2018010-3100-431.34-05141.67AR863256Copies 11/18 - 12/17/2018010-2500-425.34-051,285.4112383812/28/2018Infosend inc.146322Data process/mail service050-1400-414.34-05370.11740.22146322Data process/mail service055-1400-414.34-05370.113.A.3.aPacket Pg. 44Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 35Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total12383912/28/2018Jeremy kenyon ncem, llcREQUEST 120518Refund water deposit050-0000-229.08-70151.25151.2512384012/28/2018John b ibrahimREQUEST 122018Refund deposit balance065-0000-211.21-013,279.313,279.3112384112/28/2018Karen cortesREQUEST 120518Refund water deposit050-0000-229.08-7010.4510.4512384212/28/2018Karl's tractor service5488Weed abatement service010-3320-431.34-05985.00985.0012384312/28/2018Lucille fergusonREQUEST 120518Refund water deposit050-0000-229.08-7021.4121.4112384412/28/2018Macro investREQUEST 120518Refund water deposit050-0000-229.08-70217.30217.3012384512/28/2018Maria lopezREQUEST 120518Refund water deposit050-0000-229.08-7013.6813.6812384612/28/2018Maria restrepoREQUEST 120518Refund water deposit050-0000-229.08-7088.0388.0312384712/28/2018Martinez, ramonREQUEST 121118Reimburse h/d/v expense010-2500-425.11-9020.0020.0012384812/28/2018Michael kriningerREQUEST 120518Refund water deposit050-0000-229.08-70150.47150.4712384912/28/2018Minuteman press, inc.42922Weekly enrollment notices048-1400-414.36-10120.08120.0812385012/28/2018National safety compliance, inc.75115D.o.t test,breath alcohol010-1210-412.30-90161.90161.9012385112/28/2018Office team52397507W/e 12/7/18, l. johnson011-1700-417.10-04851.627,018.0252457127W/e 12/14/18, l. johnson011-1700-417.10-04862.405261495W/e 12/17/18, l. johnson011-1700-417.10-045,304.0012385212/28/2018Olimpia williamsREQUEST 120518Refund credit balance050-0000-308.09-1049.7389.15REQUEST 120518Refund water deposit050-0000-229.08-7039.4212385312/28/2018Oscar gonzalezREQUEST 120518Refund credit balance050-0000-308.09-100.10176.27REQUEST 120518Refund water deposit050-0000-229.08-70176.1712385412/28/2018Ramirez, ritaREQUEST 121718Reimburse h/d/v expense010-2500-425.11-9080.0080.0012385512/28/2018Rightway site services, inc.241822Rent/labor 12/11-1/7/2019010-4200-410.34-05345.45345.4512385612/28/2018Riverside county fire department233142Fires protection services034-3200-431.34-04486,629.02769,119.81233142Fires protection services010-3200-431.34-04282,490.7912385712/28/2018Riverside county transportation01440Reimburse airline flight010-1100-411.31-20258.98258.9812385812/28/2018Rogers,anderson,malody & scott, llp59419Audit services nov 2018010-1400-414.30-9018,000.0018,000.0012385912/28/2018Seiu local 721REQUEST 122618Employee union dues dec18085-0000-202.21-431,486.621,581.62REQUEST 122618Cope contributions dec'18085-0000-202.21-4395.0012386012/28/2018Shred-it usa llc/ corp8126215124Shreeding srvc dec 2018010-3100-431.34-05136.84180.308126215124Shreeding srvc dec 2018010-2500-425.34-0543.4612386112/28/2018Socal gasREQUEST 122018Gas service010-2500-425.35-12120.06394.54REQUEST 122018Gas service010-6500-425.35-1210.443.A.3.aPacket Pg. 45Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 36Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123861...12/28/2018...Socal gas...REQUEST 122018Gas service010-3100-431.35-12116.60394.54...REQUEST 122018Gas service010-4200-410.35-1270.29REQUEST 122018Gas service034-3200-431.35-1277.1512386212/28/2018Staples business advantage, inc.3398829781Office supplies010-1200-412.21-1020.25143.143398829783Office supplies010-1110-411.21-10110.733398829783Office supplies010-3320-431.21-1012.1612386312/28/2018Structured capital incREQUEST 120518Refund water deposit050-0000-229.08-70131.42131.4212386412/28/2018Superior pavement markings,inc.10575Striping, markings010-4150-410.34-053,687.004,875.0010677Painted striping,thermopl010-4150-410.34-051,188.0012386512/28/2018Tammy staberREQUEST 120518Refund credit balance050-0000-308.09-100.79135.33REQUEST 120518Refund water deposit050-0000-229.08-70134.5412386612/28/2018Time warner cable0541420121718Services 12/27/18-1/26/19017-2290-418.34-201,610.491,610.4912386712/28/2018Tony's tires12132018Tire patch unit 412010-4150-410.33-5015.0030.0012182018Valve stem unit 412010-4150-410.33-5015.0012386812/28/2018United healthcare insurance co.,inc0033678767Premium january 2019085-0000-202.21-3946,818.8145,041.700033678767Premium dec 2018 credit085-0000-202.21-39-1,777.1112386912/28/2018United power generation, inc.4763Generator maint & repair050-9000-450.33-30760.867,499.874764Generator maint & repair055-4170-450.33-30563.054765Generator maint & repair055-4170-450.33-30618.694766Generator maint & repair050-9000-450.33-301,103.444767Generator maint & repair050-9000-450.33-30902.244768Generator maint & repair050-9000-450.33-302,999.724769Generator maint & repair055-4170-450.33-30551.8712387012/28/2018Verizon wireless9820367633Staff cell phone service010-1100-411.35-17230.692,133.469820367633Staff cell phone service010-1200-412.35-1725.859820367633Staff cell phone service010-1210-412.35-1729.119820367633Staff cell phone service011-1700-417.35-1752.059820367633Staff cell phone service010-3100-431.35-1725.359820367633Staff cell phone service011-3300-431.35-1741.949820367633Staff cell phone service010-3320-431.35-17343.499820367633Staff cell phone service010-4140-410.35-17100.903.A.3.aPacket Pg. 46Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
Warrant RegisterCity of San Jacinto12/31/2018Page 37Check NumberCheck DateVendor NameInvoice NumberDescriptionAccount NumberTransactionAmountCheck Total123870...12/28/2018...Verizon wireless...9820367633Staff cell phone service010-4150-410.35-17167.922,133.46...9820367633Staff cell phone service010-4200-410.35-1764.709820367633Staff cell phone service010-7100-410.35-17148.129820367633Staff cell phone service010-7101-410.35-1717.599820367633Staff cell phone service017-2290-418.35-17163.139820367633Staff cell phone service050-1400-414.35-179.029820367633Staff cell phone service050-4200-410.35-173.989820367633Staff cell phone service050-9000-450.35-17288.829820367633Staff cell phone service055-1400-414.35-172.259820367633Staff cell phone service055-4170-450.35-17126.819820367633Staff cell phone service055-4200-410.35-171.989820367633Staff cell phone service010-9600-960.35-1718.589820367633Staff cell phone service010-2500-425.35-171.989820367633Staff cell phone service010-4150-410.21-80269.2012387112/28/2018Wanhoo, llcREQUEST 121918Rfd portion stage 3 bond065-0000-201.07-92142,609.00335,186.00REQUEST 121918Rfd portion s & w bond065-0000-201.07-92192,577.0012387212/28/2018Xerox financial services1434042Copier lease 12/5-1/4/19010-4200-410.34-05361.72361.72Total Checks 2,719,327.563.A.3.aPacket Pg. 47Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
CITY OF SAN JACINTOELECTRONIC FUNDS TRANSFER REPORTDecember 1-31, 2018DATE PAYEE AMOUNT REASON12/5/2018 CalPERS284.52 Health Premium12/11/2018 CalPERS 23,308.90 Retirement Contributions12/13/2018 CalPERS283.86 Retirement Contribution/Final check12/18/2018 River City Bank 200,000.00 San Jacinto Power12/20/2018 Paymentus 3,216.00 Payment Process Transaction fees for November 201812/24/2018 Direct Energy Business Mkting 1,040,570.04 SJP - Energy Purchase12/24/2018 TGP Energy Management LLC 6,880.00 SJP - Energy Purchase12/24/2018 High Desert Power Project 8,540.00 SJP - Energy Purchase12/24/2018 3 Phases Renewables 485,750.00 SJP - Energy Purchase12/24/2018 City of Lancaster 70,320.42 SJP - Energy Purchase & Professional Services12/24/2018 City of San Jacinto 10,133.63 Reimburse SCE Non-Energy Bill & Net Energy Metering12/27/2018 CalPERS 22,512.19 Retirement Contributions1,871,799.56 3.A.3.aPacket Pg. 48Attachment: Warrant Register December 31, 2018 (Warrants and Disbursements – December 2018)
January 22, 2019
TO: City Council
REQUESTED BY: Bill Weiser, Fire Chief
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Safely Surrendered Resolution No. 3745
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 3745, Designating County Fire
Stations as Safely Surrendered Sites.
DISCUSSION:
February is Safely Surrendered Baby Awareness Month. The Safely Surrendered Baby Law
(SSB) was implemented on January 1, 2001, with the intent to prevent harm and possible death
to newborns. The SSB law (California Health and Safety Code, section 1255.7), provides a safe
alternative for the surrender of a newborn baby in specified circumstances. Under the SSB law,
a parent or person with lawful custody can safely surrender a baby confidentially, and without
fear of prosecution, within 72 hours of birth.
The Fire Chief has determined the feasibility of implementing Safe Surrender sites at San Jacinto
Fire Department stations, under current law, and upon adoption of this resolution will designate
appropriate employees required to take physical custody of a surrendered newborn, pursuant to
Health and Safety Code Section 1255.7.
FISCAL IMPACT:
None.
ATTACHMENTS:
Safely Surrendered Resolution
3.A.4
Packet Pg. 49
STATE OF CALIFORNIA ) RESOLUTION NO. 3745
COUNTY OF RIVERSIDE ) ss.
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, DESIGNATING
COUNTY FIRE STATIONS AS SAFELY SURRENDERED
SITES
WHEREAS, the City of San Jacinto is concerned with the growing number
of newborn infants abandoned in Riverside County; and
WHEREAS, the Safely Surrendered Baby Law (SSB) was implemented
on January 1, 2001, with the intent to prevent harm and possible death to
newborns;
WHEREAS, the SSB law (California Health and Safety Code, section
1255.7), provides a safe alternative for the surrender of a newborn baby in specified
circumstances. Under the SSB law, a parent or person with lawful custody can
safely surrender a baby confidentially, and without fear of prosecution, within 72
hours of birth; and
WHEREAS, the SSB law requires the baby be taken to a public or private
hospital, designated fire station or other safe surrender site, as determined by the
local County Board of Supervisors. No questions will be asked and California Penal
Code Section 271.5 protects surrendering individuals from prosecution of
abandonment; and
WHEREAS, February is Safely Surrendered Baby Awareness Month;
and
WHEREAS, the Fire Chief has determined the feasibility of implementing
Safe Surrender sites at San Jacinto Fire Department stations, under current law,
and upon adoption of this resolution will designate appropriate employees
required to take physical custody of a surrendered newborn, pursuant to Health
and Safety Code Section 1255.7; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of San
Jacinto designates San Jacinto Fire Department stations as Safe Surrender sites,
effective February 2019, and directs the Fire Chief to designate the employees
required to take physical custody of a surrendered newborn as stipulated by Penal
Code Section 271.5.
3.A.4.a
Packet Pg. 50 Attachment: Safely Surrendered Resolution (Safely Surrendered Resolution No. 3745)
PASSED, APPROVED and ADOPTED, at a regular meeting of the City
Council on the 22nd day of January 2019, by the following vote:
Vote:
Ayes:
Nays:
Abstain:
City of San Jacinto
____________________________
Russ Utz, Mayor
ATTEST:
________________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
________________________________
Michael J. Maurer, City Attorney
3.A.4.a
Packet Pg. 51 Attachment: Safely Surrendered Resolution (Safely Surrendered Resolution No. 3745)
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
I, Angela Walton, duly appointed City Clerk of the City of San Jacinto,
do hereby certify that the foregoing Resolution No. 3745 was approved at a regular
meeting of the City Council of the City of San Jacinto on the on the 22nd day of
January 2019, by the following vote of at least four-fifths of the City Council:
Ayes:
Nays:
Absent:
Abstain:
Witness my hand and official seal of the City of San Jacinto this ______ day
of _________ 2019.
___________________________
Angela Walton, City Clerk
3.A.4.a
Packet Pg. 52 Attachment: Safely Surrendered Resolution (Safely Surrendered Resolution No. 3745)
January 22, 2019
TO: City Council
REQUESTED BY: Tom Prill, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Tract 30659 Subdivision Agreement Amendment No 1
RECOMMENDATION:
Staff recommends that the City Council approve Amended Subdivision Improvement Agreement
for DR Horton Los Angeles Holding Company, Tract 30659; Located at SW Arroyo Viejo and
Washington Avenue.
DISCUSSION:
In June of 2005, Subdivision Improvement Agreement for Tract 30659 listed the conditions that
were mutually agreed upon between the City and GMAC Model Home Finance Inc., a Virginia
Corporation. As a result of the economic downturn, GMAC Model Home Finance Inc. was not
able to complete the agreed upon improvements.
DR Horton Los Angeles Holding Company is proposing to complete the balance of public works
improvements to Tract 30659, and as such is responsible to post new securities and agreements.
The City Engineers office reviewed the cost estimate and the City Attorney’s office completed
their review of the attached agreements and recommend Council approval.
FISCAL IMPACT:
All cost associated with completion of Public Works improvements is the responsibility of the
developer.
ATTACHMENTS:
30659Amend1wBonds
3.A.5
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3.A.5.aPacket Pg. 54Attachment: 30659Amend1wBonds (Tract 30659 Subdivision Agreement Amendment No 1)
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3.A.5.a
Packet Pg. 85 Attachment: 30659Amend1wBonds (Tract 30659 Subdivision Agreement Amendment No 1)
3.A.5.a
Packet Pg. 86 Attachment: 30659Amend1wBonds (Tract 30659 Subdivision Agreement Amendment No 1)
January 22, 2019
TO: City Council
REQUESTED BY: Tom Prill, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Tract 30597 Subdivision Agreement Amendment No 1
RECOMMENDATION:
Staff recommends that the City Council approve Amended Subdivision Improvement Agreement
for DR Horton Los Angeles Holding Company, Tract 30597; Located at NE Seventh Street and
Catalpa Avenue.
DISCUSSION:
In March of 2007, Subdivision Improvement Agreement for Tract 30597 listed the conditions
that were mutually agreed upon between the City and CDI San Jacinto I, LLC. As a result of the
economic downturn, CDI San Jacinto I, LLC was not able to complete the agreed upon
improvements.
DR Horton Los Angeles Holding Company is proposing to complete the balance of pu blic works
improvements to Tract 30597, and as such is responsible to post new securities and agreements.
The City Engineers office reviewed the cost estimate and the City Attorney’s office completed
their review of the attached agreements and recommend Council approval.
FISCAL IMPACT:
All cost associated with completion of Public Works improvements is the responsibility of the
developer.
ATTACHMENTS:
30597Amend1wBonds
3.A.6
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3.A.6.aPacket Pg. 88Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 89Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 90Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 91Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 92Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 93Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 94Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 95Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 96Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 97Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 98Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 99Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 100Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 101Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 102Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 103Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 104Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 105Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 106Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 107Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 108Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 109Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 110Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 111Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 112Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.aPacket Pg. 113Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.a
Packet Pg. 114 Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.a
Packet Pg. 115 Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.a
Packet Pg. 116 Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
3.A.6.a
Packet Pg. 117 Attachment: 30597Amend1wBonds (Tract 30597 Subdivision Agreement Amendment No 1)
January 22, 2019
TO: City Council
REQUESTED BY: Habib Motlagh, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Parcel Map 37299, J & T Management
RECOMMENDATION:
Approve final map for Tentative Parcel Map 37299, for J & T Management, Inc.
DISCUSSION:
Parcel Map 37299 proposes to subdivide one parcel into four parcels. The site, owned by J & T
Management, Inc. is located at the northwest corner of Cottonwood Avenue and Sanderson
Avenue as shown in attached map.
Parcel Map 37299 is for financing purposes, and as such, no permits other than recordation of the
map is approved.
To comply with Conditions of Approval, the developer has submitted an in-lieu fee of $2,960 to
guarantee monumentation for the final map.
The City Engineer’s office reviewed the final map and recommends Council approval.
FISCAL IMPACT:
The developer paid the necessary fees and deposits to prepare the final map for recordation.
There is no fiscal impact to the City of San Jacinto.
ATTACHMENTS:
19 - 01 22 Agenda - Engineer's Letter
19 - 01 22 Agenda - Parcel Map
3.A.7
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3.A.7.a
Packet Pg. 119 Attachment: 19 - 01 22 Agenda - Engineer's Letter (Parcel Map 37299, J & T Management)
3.A.7.b
Packet Pg. 120 Attachment: 19 - 01 22 Agenda - Parcel Map (Parcel Map 37299, J & T Management)
3.A.7.b
Packet Pg. 121 Attachment: 19 - 01 22 Agenda - Parcel Map (Parcel Map 37299, J & T Management)
3.A.7.b
Packet Pg. 122 Attachment: 19 - 01 22 Agenda - Parcel Map (Parcel Map 37299, J & T Management)
January 22, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Beyond Grant Award Acceptance
RECOMMENDATION:
That the City Council:
1. Accept the WRCOG Beyond Grant in the amount of $82,009.54; and,
2. Authorize the City Manager to execute the Beyond Framework Fund Program Funding
Agreement, substantially similar to Attachment 1 and subject to City Attorney review, for
the General Plan 2040 Update.
DISCUSSION:
The BEYOND Grant Program launched in 2015 to support member agency efforts to improve
quality of life in Western Riverside County. Over the two rounds of the Program, $4.1 Million
has been awarded to member jurisdictions to support 83 projects. Each of these projects
corresponds to at least one of the goals outlined by WRCOG's Economic Development &
Sustainability Framework. These goals help steer a project’s efforts to enhance local issues as
they relate to the economy, education, health, energy & environment, transportation, and water
initiatives.
In Fiscal Year 2016/2017, WRCOG allocated $2.3 million for use by WRCOG member agencies
through Round II of the Beyond Framework Fund Program. The City of San Jacinto received
$82,009.54 from WRCOG to assist in the updating of the General Plan 2040.
Since the original allocation, the General Plan 2040 Update program has been modified by the
City to expand the scope. As such, the Scope of Work covered under the Beyond Grant was
required to be modified. Staff has worked with WRCOG staff as well as the General Plan
Consultant, De Novo Planning Group, to identify tasks and elements that can be completed for
the General Plan 2040 Update within the timeframe established by the program and fully utilize
the allocated funds.
Because of the changes in scope, the funding agreement with WRCOG needs to be approved by
the City Council. As a condition of accepting the grant funding, the City is obligated to
complete the attached funding agreement with WRCOG. Therefore, staff is recommending that
the City Council authorize the City Manager to execute the attached funding agreement.
FISCAL IMPACT:
The General Plan 2040 Program is funded through CIP Project 18-007, an appropriation of
$1,200,000. Accepting the grant funding will supplement the funding, and allow the City to
3.A.8
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consider additional optional tasks that were removed during the original contract award.
Regardless of the City Council accepting or rejecting the grant funding, there is no fiscal impact
to the General Fund.
ATTACHMENTS:
BEYOND Agreement
3.A.8
Packet Pg. 124
PROJECT #: 17-25-15-02
Page 1 of 20
BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT
BEYOND CORE PROGRAM CATEGORY
SAN JACINTO GENERAL PLAN UPDATE 2040
THIS FUNDING AGREEMENT (“Agreement”) is entered into as of this 22th day of
January, 2019, by and between the Western Riverside Council of Governments (“WRCOG”), a
California joint powers authority and the City of San Jacinto (“AGENCY”). WRCOG and
AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as
“Parties”.
RECITALS
A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which
encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an
economic development and sustainability local assistance funding program intended to help
WRCOG member agencies develop and implement plans and programs that can improve the
quality of life in Western Riverside County by addressing critical growth components such as
economy, water, education, environment, health, and transportation (“BEYOND”).
B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG
has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and
Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND
(“Program Funds”). This funding includes Two Million Fifty Two Thousand Nine Hundred
Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred
Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy
Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for
Round II to each member agency are listed in Exhibit “A” attached hereto and incorporated herein
by reference.
C. WRCOG member agencies shall use these funds in any of the following manners:
(1) to develop plans and/or implement projects consistent with WRCOG’s Economic Development
and Sustainability Framework Goals; (2) to provide a match for grants and other funding
opportunities consistent with WRCOG’s Economic Development and Sustainability Framework
Goals; or (3) to pool resources with other member agencies for larger projects consistent with
WRCOG’s Economic Development and Sustainability Framework Goals. All projects funded by
the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area
outlined in WRCOG’s Economic Development and Sustainability Framework.
D. WRCOG has reviewed and approved the application submitted by the AGENCY
for use of Program Funds to implement a project that is consistent with WRCOG’s Economic
Development and Sustainability Framework Goals, and it is the purpose of this Agreement to
identify the project and to set forth the terms and conditions by which WRCOG will release
Program Funds to the AGENCY.
3.A.8.a
Packet Pg. 125 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
PROJECT #: 17-25-15-02
Page 2 of 20
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. Description of the Project. This Agreement is intended to distribute Program Funds to the
AGENCY for San Jacinto General Plan Update 2040, (the “Project”). The Work, including a
project schedule and a detailed scope of work, is more fully described in Exhibit “B” attached
hereto and incorporated herein by reference (“Scope of Work”) and, pursuant to Section 18 below,
is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of
Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such
stated purpose(s) shall be consistent with WRCOG’s Economic Development and Sustainability
Framework Goals set forth in Exhibit “C” attached hereto and incorporated herein by reference.
2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the
terms and conditions set forth herein, a sum not to exceed Eighty Two Thousand Nine Dollars And
Fifty Four Cents ($82,009.54), to be used for reimbursing the AGENCY for eligible Project
expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and
agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the
Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds
in excess of the maximum allocation identified in Exhibit “A”. The Parties also acknowledge and
agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for
Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to
the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by
WRCOG.
3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project
Cost”) may include the following items, among others, provided that such items are included in
the Scope of Work attached hereto as Exhibit “B”: (1) AGENCY and/or consultant costs
associated with direct Project coordination and support such as staff time (including interns) and
overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events,
workshops, and fairs; and (4) matches for grant applications when the Project meets at least one
goal contained in WRCOG’s Economic Development and Sustainability Framework Goals. The
AGENCY’s use of Program Funds to pay for the Total Project Cost shall be solely for the stated
purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by
Program Funds, WRCOG strongly encourages the AGEN CY to contact WRCOG staff to
confirm that those Project costs are eligible Project costs.
4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of
work not included within, or for purposes other than those listed in, the Scope of Work, which
shall be borne solely by the AGENCY without reimbursement.
5. Procedures for Distribution of Program Funds to AGENCY.
a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial
payment of all the Project costs as they are incurred. Following payment of such Project costs, the
AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs.
3.A.8.a
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Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed
to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands
for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for
which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents
evidencing the AGENCY’S payment of the invoices shall be retained for three (3) years and shall
be made available for review by WRCOG. The AGENCY shall submit invoices not more often
than monthly. AGENCY may use the template invoice attached hereto as Exhibit “D” attached
hereto and incorporated herein by reference.
b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the
AGENCY, WRCOG may request additional documentation or explanation of the Project costs for
which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY
within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes
the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the
Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed
amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer
process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as
to the eligibility of one or more invoices to WRCOG’s Administration & Finance Committee,
provided the AGENCY submits its request for appeal to WRCOG’s Administration & Finance
Committee within thirty (30) days of the meet and confer process. The WRCOG Administration
& Finance Committee shall provide its recommendation in writing to the full WRCOG Executive
Committee, which shall then decide whether the disputed amount is eligible for reimbursement by
WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details
concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s
consideration and payment of submitted invoices are set forth in Exhibit “E”, attached hereto and
incorporated herein by reference.
c. Funding Amount/Adjustment. If a post Project audit or review indicates that
WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project
Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse
WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG.
The determination of whether WRCOG has provided reimbursement of ineligible Project costs
shall be at the sole discretion of WRCOG.
6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be
augmented with additional Program Funds by a written amendment to this Agreement approved
by WRCOG’s Executive Director. In no case shall the amount of Program Funds allocated to the
AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY,
as listed in Exhibit “A”. No such increased funding shall be expended to pay for any Project
already completed.
7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give
Program Funds to another individual, entity, agency, or organization without the express written
approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG.
8. Not Applicable.
3.A.8.a
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PROJECT #: 17-25-15-02
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9. Term/Completion Report. The term of this Agreement shall be from the date first herein
above written until May 15, 2019, (the project must be completed by March 31, 2019), unless this
Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement. Within 30 days of
the completion of the Project, the AGENCY shall submit a final progress report (to be provided
under separate cover) to WRCOG, providing the following information: description of Project
outcomes, lessons learned, deliverables, summary of financials, and any other information as
requested by WRCOG.
10. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall
serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all
purposes under this Agreement. The AGENCY hereby designates the City Manager, or his or her
designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall
have the authority to act on behalf of the AGENCY for all purposes under this Agreement and
shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY
shall work closely and cooperate fully with WRCOG’s representative and any other agencies
which may have jurisdiction over or an interest in the Project.
11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this
Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the
Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such
expenditures. However, the AGENCY understands and acknowledges that any expenditure of
funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk,
and that some expenditures by the AGENCY may not be eligible for reimbursement under this
Agreement.
12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG’s
Representative to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
13. Termination.
a. Notice. Either WRCOG or AGENCY may, by written notice to the other party,
terminate this Agreement, in whole or in part, in response to a material breach hereof by the other
Party, by giving written notice to the other party of such termination and specifying th e effective
date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During
the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can
be cured.
b. Effect of Termination. In the event that the AGENCY terminates this Agreement,
the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for
which Program Funds have been provided. In the event that WRCOG terminates this Agreement,
WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to
the aggregate total of all unpaid invoices which have been received from the AGENCY regarding
the Project at the time of the notice of termination; provided, however, that WRCOG shall be
entitled to exercise its rights under Section 5(b), including but not limited to conducting a review
3.A.8.a
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PROJECT #: 17-25-15-02
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of the invoices and requesting additional information. Upon such termination, the AGENCY shall,
within 180 days, complete any portion or segment of work for the Project for which Program Funds
have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of
the amounts due to it hereunder and upon completion of the segment or portion of Project work
for which Program Funds have been provided.
c. Cumulative Remedies. The rights and remedies of the Parties provided in this
Section are in addition to any other rights and remedies provided by law or under this Agreement.
14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services
on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq.,
which would require the payment of prevailing wages were the services or any portion thereof
determined to be a public work, as defined therein. The AGENCY shall ensure compliance with
these prevailing wage requirements by any person or entity hired to perform the Project. The
AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees,
consultants, and agents from any claim or liability, including without limitation attorneys’ fees,
arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et
seq.
15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress
reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at
least two progress reports annually, regardless of whether WRCOG makes requests for such
reports.
16. Indemnification.
a. AGENCY Responsibilities. In addition to the indemnification required under
Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents,
consultants, and employees from any and all claims, demands, costs or liability arising from or
connected with all activities governed by this Agreement including all design and construction
activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its
subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including
reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately
determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY
or its subcontractors.
b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the
AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs
or liability arising from or connected with all activities governed by this Agreement including all
design and construction activities, due to negligent acts, errors or omissions or willful misconduct
of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures,
including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims
ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of
WRCOG.
3.A.8.a
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PROJECT #: 17-25-15-02
Page 6 of 20
c. Effect of Acceptance. The AGENCY shall be responsible for the professional
quality, technical accuracy and the coordination of any services provided to complete the Project.
WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other
person or entity under this Agreement shall not be construed to operate as a waiver of any rights
WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement.
Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law,
for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement
or supervision of any services provided to complete the Project.
17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to
perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and
in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance
shall be maintained throughout the term of this Agreement, or until completion of the Project,
whichever occurs last.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00
per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to
the Project or be no less than two times the occurrence limit. Such insurance shall:
i. Name WRCOG and AGENCY, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
Project and shall contain no special limitations on the scope of coverage or the protection afforded
to these insured;
ii. Be primary with respect to any insurance or self-insurance programs
covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents,
and consultants; and
iii. Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence.
Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers’ Compensation Insurance. Workers’ compensation insurance with
statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each
accident.
18. Project Amendments. Any changes to the Scope of Work or the characteristics of the
Project, including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of
WRCOG’s Representative, provided that such approval shall be in the sole discretion of
WRCOG’s Representative, and (b) require an amendment to this Agreement in accordance with
Section 30.
3.A.8.a
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PROJECT #: 17-25-15-02
Page 7 of 20
19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of
the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG,
as the case may be, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
20. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this
Agreement are limited to those described herein. WRCOG has no obligation with respect to the
safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any
action of AGENCY or its contractors relating to the condemnation of property undertaken by
AGENCY or construction related to the Project.
21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable
records with respect to costs incurred for the Project under this Agreement. They shall make
available for examination by the other party, its authorized agents, officers or employees any and
all ledgers and books of account, invoices, vouchers, canceled checks, and other records or
documents evidencing or related to the expenditures and disbursements charged to the other party
pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or
employees such other evidence or information as they may require with respect to any such
expense or disbursement charged by them. All such information shall be retained by the Parties
for at least three (3) years following termination of this Agreement, and they shall have access to
such information during the three-year period for the purposes of examination or audit.
22. Equal Opportunity Employment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant of reemployment
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Governing Law. This Agreement shall be governed by and construed with the laws of the
State of California.
24. Attorneys’ Fees. If either party commences an action against the other party arising out of
or in connection with this Agreement, the prevailing party in such litigation shall be entitled to
have and recover from the losing party reasonable attorneys’ fees and costs of suit.
25. Time of Essence. Time is of the essence for each and every provision of this Agreement.
26. Headings. Article and Section Headings, paragraph captions or marginal headings
contained in this Agreement are for convenience only and shall have no effect in the construction
or interpretation of any provision herein.
27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall
be construed to make WRCOG a party to the construction of the Project or to make it a partner or
joint venture with the AGENCY for such purpose.
3.A.8.a
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PROJECT #: 17-25-15-02
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28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and
regulations governing the implementation of the Project. Nothing in this Agreement shall be
construed to require or allow completion of the Project without full compliance with the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the
National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity
of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion
of the Project.
29. Notices. All notices hereunder and communications regarding interpretation of the terms
of this Agreement or changes thereto shall be provided by the mailing thereof by registered or
certified mail, return receipt requested, postage prepaid and addressed as follows:
If to AGENCY: City of San Jacinto
Attn: Travis Randel, Community Development Director
595 S. San Jacinto Avenue
San Jacinto, CA 92583
Telephone: (951) 654-7337
Email: trandel@sanjacintoca.gov
If to WRCOG: Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention: Jennifer Ward, Director of Government Relations
Telephone: (951) 955-0186
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three (3) days after
deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the
party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred regardless of the method of service.
30. Integration; Amendment. This Agreement contains the entire agreement between the
Parties. Any agreement or representation respecting matters addressed herein that are not
expressly set forth in this Agreement is null and void. This Agreement may be amended only by
mutual written agreement of the Parties.
31. Severability. If any term, provision, condition or covenant of this Agreement is held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.
32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits
conflict in any way with the provisions set forth in this Agreement, the language, te rms and
conditions contained in this Agreement shall control the actions and obligations of the Parties and
the interpretation of the Parties’ understanding concerning the Agreement.
3.A.8.a
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PROJECT #: 17-25-15-02
Page 9 of 20
33. Independent Contractors. Any person or entities retained by the AGENCY or any
contractor shall be retained on an independent contractor basis and shall not be employees of
WRCOG. Any personnel performing services on the Project shall at all times be under the
exclusive direction and control of the AGENCY or contractor, whichever is applicable. The
AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in
connection with their performance of services on the Project and as required by law. The
AGENCY or consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance and workers’ compensation insurance.
34. Effective Date. This Agreement shall not be effective until executed by both Parties. The
failure of one party to execute this Agreement within forty-five (45) days of the other party
executing this Agreement shall render any execution of this Agreement ineffective.
35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
3.A.8.a
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PROJECT #: 17-25-15-02
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives to be effective on the day and year first above-written.
WESTERN RIVERSIDE COUNCIL CITY OF SAN JACINTO
OF GOVERNMENTS
By: Date: By: Date:
Rick Bishop Robert A Johnson
Executive Director City Manager
Approved to Form:
By: Date:
Steven C. DeBaun
General Counsel
3.A.8.a
Packet Pg. 134 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
PROJECT #: 17-25-15-02
Exhibit A
Page 11 of 20
EXHIBIT “A”
MEMBER AGENCY FUNDING ALLOCATION
Round II - BEYOND Core
Jurisdiction Allocation
Banning $ 62,664.24
Calimesa $ 35,000.00
Canyon Lake $ 39,488.29
Corona $ 150,868.24
Eastvale $ 94,576.24
Hemet $ 107,257.24
Jurupa Valley $ 120,837.49
Lake Elsinore $ 92,959.24
Menifee $ 113,957.74
Moreno Valley $ 161,049.24
Murrieta $ 129,101.74
Norco $ 58,135.54
Perris $ 102,496.24
Riverside $ 190,877.49
San Jacinto $ 82,009.54
Temecula $ 126,736.24
Wildomar $ 67,648.34
County of Riverside $ 177,254.30
Eastern Municipal Water District $ 35,000.00
Western Municipal Water District $ 35,000.00
Riverside County Superintendent of Schools $ 35,000.00
Morongo Band of Mission Indians $ 35,000.00
Total BEYOND Core Allocation $ 2,052,917.31
3.A.8.a
Packet Pg. 135 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
PROJECT #: 17-25-15-02
Exhibit A
Page 12 of 20
Round II - BEYOND Team
Lead Agency Project Allocation
Perris HealthyCommunity50 $ 17,000.00
Riverside Western Riverside Homeless Collaborative $ 79,000.00
Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00
Total $ 175,000.00
Round II - BEYOND Health
Jurisdiction Allocation
Banning $ 6,000.00
Calimesa $ 6,000.00
Corona $ 6,000.00
Jurupa Valley $ 6,000.00
Lake Elsinore $ 6,000.00
Menifee $ 6,000.00
Moreno Valley $ 6,000.00
Murrieta $ 6,000.00
Norco $ 6,000.00
Perris $ 6,000.00
Riverside $ 3,750.00
San Jacinto $ 3,750.00
County of Riverside $ 3,750.00
Eastern Municipal Water District $ 3,750.00
Total BEYOND Core Allocation $ 75,000.00
3.A.8.a
Packet Pg. 136 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
PROJECT #: 17-25-15-02
Exhibit B
Page 13 of 20
20323.00005\24434070.4
EXHIBIT “B”
SCOPE OF WORK
Task Description Deliverables
The Existing Conditions Report will address the following topics, many of which are aligned
and consistent with WRCOG's Sustainability Framework Goals.
- Mobility
- Market Trends
- Community Service and Facilities
- Environmental Justice
- Conservation
- Greenhouse Gas and Climate Change
2.1 Economic Analysis
This analysis will consider real estate market, industry, and socio-demographic trends within
the City and various competitive trade areas relevant to performance of the sectors being
considered. Using this analysis, the team will summarize the strengths, weaknesses,
opportunities and threats affecting the City’s economic development potential in both the
medium and long-term.
Economic Analysis
2.1 Market Analysis
The economic development report will build heavily on a separate market study that
focuses on supply and demand conditions and trends for a variety of land uses—including
housing, retail, hospitality, and industrial—in San Jacinto. For each land use category and
associated retail sector, we will consider historical trends, recent market activity and
performance, and future growth pressures and opportunities to identify core strengths,
emerging niches, and under-served markets. We will also consider the competitive attributes
and locational advantage of particular sites, neighborhoods and corridors, with a particular
focus on the Gateway Area and along the Ramona Expressway East.
Economic Analysis
3.1 Visioning Workshop Community workshop to identify the vision for San Jacinto
Agenda, Sign-In
Sheet, Photos,
Meeting Summaries
3.2 Mobility Workshop Community workshop to identify mobility and transportation wants of the community
Agenda, Sign-In
Sheet, Photos,
Meeting Summaries
3.3 Land Use Workshop Community workshop to identify land use patterns and goals of the commuinity.
Agenda, Sign-In
Sheet, Photos,
Meeting Summaries
4.1
Badeline GHG Emissions
Inventory
As part of its General Plan Update, the City of San Jacinto is preparing a qualified stand-alone
Climate Action Plan. The first step of this process is to develop a Baseline GHG Emissions
Inventory. BEYOND Grant funding will be used to complete this work, which is also expected
to be coordinated with WRCOG to ensure consistency with the regional approach to GHG
inventory establishment and planning.
GHG Inventory
Report, Supporting
Data
Task 4: Baseline GHG Emissions Inventory
San Jacinto General Plan 2040 Update
Scope of Work
Task 1: Existing Conditions Report
Task 2: Economic and Market Analysis
Task 3: Workshops, Pop-ups, Open House
Existing Conditions Report1.1
Existing Conditions
Report
3.A.8.a
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Exhibit B
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20323.00005\24434070.4
HoursAmountHoursAmountHoursAmountHoursAmountHoursAmountStaff Time Expenses (examples below):Agency Project Manager, Travis Randel$65.0015.00$975.0020.00$1,300.0030.00$1,950.0015.00$975.0080.00$5,200.00Senior Planner, Kevin White$50.0010.00$500.0010.00$500.0030.00$1,500.0010.00$500.0060.00$3,000.00Subtotal - Direct Labor Classification(s):25.00$1,475.0030.00$1,800.0060.00$3,450.0025.00$1,475.00140.00$8,200.00Overhead (must not exceed 25% of total amount funded):%Overhead 45.00%$663.75$810.00$1,552.50$663.75$3,690.00Subtotal - Overhead:$663.75$810.00$1,552.50$663.75$3,690.00Other Direct Costs (ODCs)(examples below):Travel$0.00$0.00$0.00$0.00$0.00Printing$1,500.00$0.00$7,800.00$100.00$9,400.00Social Media$0.00$0.00$0.00$0.00$0.00Programming Activities$0.00$0.00$0.00$0.00$0.00Project Materials$0.00$0.00$0.00$0.00$0.00Subtotal - ODCs:$1,500.00$0.00$7,800.00$100.00$9,400.00Consultant(s)De Novo Planning Group, Project Manager$130.00180.00$23,400.008.00$1,040.0040.00$5,200.0040.00$5,200.00268.00$34,840.00De Novo Planning Group, Senior Planner$115.0040.00$4,600.000.00$0.0024.00$2,760.000.00$0.0064.00$7,360.00De Novo Planning Group, Associate Planner$100.00170.00$17,000.002.00$200.0016.00$1,600.0060.00$6,000.00248.00$24,800.00De Novo Planning Group, GIS and Graphics$75.0060.00$4,500.000.00$0.0044.00$3,300.0024.00$1,800.00128.00$9,600.00Sub-consultant, Kittleson*$18,760.00$0.00$0.00$0.00$0.00Sub-consultant, EPS*$30,330.00Sub-consultant, Kearns and West*$0.00$0.00$55,250.00$0.00$0.00Subtotal - Subconsultant(s):450.0068,260$ 10.0031,570$ 124.0068,110$ 124.0013,000$ 708.0076,600$ GRAND TOTAL475.00$71,898.7540.00$34,180.00184.00$80,912.50149.00$15,238.75848.00$97,890.00Grant Request$34,325.00$31,570.00$9,484.54$6,630.00$82,009.54*Contract Fee not broken into individual hoursGrand Total (All tasks)Existing Conditions ReportEconomic and Market AnalysisWorkshops, Popups and Open HouseCost CategoriesMaximum Hourly Rate Baseline GHG Emissions InventoryTask 1Task 2Task 3Task 43.A.8.a
Packet Pg. 138 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
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Exhibit B
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20323.00005\24434070.4
Project TitleSep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-18Dec-18Jan-19Feb-19Mar-1911.1Existing Conditions Report22.1Economic Analysis2.2Market Analysis33.1Visioning Workshop3.2Mobility Workshop3.3Land Use Workshop44.1Badeline GHG Emissions InventoryEconomic and Market AnalysisWorkshops, Popups and Open HouseBaseline GHG Emissions InventoryTask NumberTask TitleSan Jacinto General Plan 2040PROJECT TIMELINEExisting Conditions Report3.A.8.a
Packet Pg. 139 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
PROJECT #: 17-25-15-02
Exhibit C
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20323.00005\24434070.4
EXHIBIT “C”
ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS
Economic Development
Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic
development needs, services, assets, and challenges.
Goal ED-2: Subregional Capacity Building: A diversified, robust, and well-known array of economic
development service providers supporting the growth and expansion of local businesses.
Goal ED-3: Economic Development Activities: Effective and coordinated local and regional
economic development activities.
Education
Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of
students who are college ready, enroll and graduate from college, and who achieve
technical degrees that are in demand in Western Riverside County.
Goal E-2: Education First Culture: Unite with education and business leaders to create an education
first culture in Western Riverside County.
Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve
partnerships between K–12 schools, colleges and universities, government, and
businesses.
Health
Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and
integrated health care system in Western Riverside County.
Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the
healthcare needs of Western Riverside County.
Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional
government to improve the health of our region’s environment.
Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for
a healthy and active lifestyle.
Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and
wellness of residents and communities.
Transportation
Goal T-1: Transportation Programs: Continue to address regional transportation needs through
ongoing collaboration and program administration.
Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for
pedestrians, transit users, and bicyclists.
Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of
goods through Western Riverside County.
Goal T-4: Air Transportation: Maintain and improve air transportation access.
Water
Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives
pertinent to the mission of the Riverside County Water Task Force.
Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure
long-term reliability of water supply for Western Riverside County.
Goal W-3: Water Quality: Preserve and improve regional water quality.
Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on
water efficiency issues for the benefit of member agencies, businesses, and residents.
Energy / Environment
Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and
GHG emissions.
3.A.8.a
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Exhibit C
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20323.00005\24434070.4
Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and
implementation.
Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and
support efforts for cleaner air.
Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to
maintain or improve the quality of the natural environment.
Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to
local food sources.
3.A.8.a
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Exhibit D
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20323.00005\24434070.4
EXHIBIT “D”
TEMPLATE INVOICE
Member Agency
Address
City, State, Zip Code
Invoice #:
Date:
Bill to: Western Riverside Council of Governments
Attn: Ernie Reyna, Chief Financial Officer
Purpose of Invoice: Beyond Initiative Expenses:
List cost categories and itemizations here:
Total Invoice Amount: $
Make check out to:
Contact
Name:
Title:
Phone Number:
Email Address:
3.A.8.a
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Exhibit E
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20323.00005\24434070.4
Elements of Compensation
EXHIBIT “E”
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. At least once, after the completion of the Project, by no later than December 15, 2018, and
not more often than each month, the AGENCY shall submit an invoice for eligible Project
costs incurred. The original invoice shall be submitted to WRCOG’s Chief Financial
Officer. Each invoice shall be accompanied by a cover letter in a format substantially
similar to that of Exhibit “E-1”.
2. For jurisdictions with large construction projects (with the total construction cost exceeding
$10 million) under construction at the same time, may with the approval of WRCOG
submit invoices to WRCOG for payment at the same time they are received by the
jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to
process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs
have been verified as eligible and will release the balance at regular intervals not more than
quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that
exceed 10% of the previous invoice WRCOG will deduct that amount from the next
payment.
3. Each invoice shall include documentation from each contractor used by the AGENCY for
the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall
also include a monthly progress report and spreadsheets showing the hours or amounts
expended by each contractor or subcontractor for the month and for the entire Project to
date. All documentation from the AGENCY’s contractors should be accompanied by a
cover letter in a format substantially similar to that of Exhibit “E-2”.
4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff
for eligible Project costs, the AGENCY shall provide the same level of information for its
labor and any expenses as required of its contractors pursuant to Exhibit “E” and its
attachment.
5. Charges for each task and milestone listed in Exhibit “B” shall be listed separately in the
invoice.
3.A.8.a
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Exhibit E-1
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20323.00005\24434070.4
EXHIBIT “E-1”
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Director of Government Relations
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and
technical services that was rendered by our contractors in connection with the [PROJECT
NAME] per Agreement No. ________ effective (Month/Day/Year) . The required support
documentation received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/Date/Year to Month/Date/Year .
Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates
worked and paid to the contractors or subcontractors listed.
By: _____________________________
Name
Title
3.A.8.a
Packet Pg. 144 Attachment: BEYOND Agreement (Beyond Grant Award Acceptance)
January 22, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Wireless Facilities within the Right of Way
RECOMMENDATION:
That the City Council:
1. Adopt Ordinance 19-01, “An Urgency Ordinance of the City Council of the City of San
Jacinto to amend the City of San Jacinto Municipal Code; Title 12 - Street, Sidewalks and
Public Places, to add Article 12.30, ‘Wireless Facilities In Public Rights-of-way’” to be
effective immediately upon adoption.
2. Introduce Ordinance 19-02, “An Ordinance of the City Council of the City of San Jacinto
to amend the City of San Jacinto Municipal Code; Title 12 - Street, Sidewalks and Public
Places, to add Article 12.30, ‘Wireless Facilities In Public Rights-of-way’.”
3. Adopt Resolution 3746 “A Resolution of the City Council of the City of San Jacinto,
establishing Design and Development Standards for Wireless Facilities in the Public
Rights-of-way.”
BACKGROUND:
This Report introduces an ordinance and resolution to provide the regulatory framework and
standards for permitting the installation of wireless facilities within the City’s public rights-of-
way (“ROW”).
Traditionally, wireless antennas and equipment were primarily installed on large towers on
private land and on the rooftops of buildings. These deployments are subject to land use review
under the zoning code.
In recent years, companies increasingly seek to install wireless facilities in the ROW on utility
poles, streetlights and new poles. Current predictions indicate that the next wave of wireless
facility deployment—5G—will involve $275 billion in investment over the next decade, with the
vast majority of these new facilities anticipated to be placed in ROW. Historically,
telecommunications installations in the ROW are typically addressed through encroachment
permits. However, the City’s existing Municipal Code contains very minimal standards or
regulations designed to address the unique aesthetic, safety, operational and locational issues in
connection with the installation of wireless facilities in the ROW.
In September 2018, the Federal Communications Commission (“FCC” or “Commission”) issued
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a Declaratory Ruling and Third Report and Order “to promote the timely buildout of this new
infrastructure across the country by eliminating regulatory impediments that unnecessarily add
delays and costs to bringing advanced wireless services to the public.”
In addition, recent changes in federal law place shortened time frames or “shot clocks” and other
requirements on local review of wireless facility installations in the ROW. Under a Federal
Communications Commission (“FCC”) declaratory order and regulations1 that went into effect
on January 14, 2019, if a city does not render a decision on a small wireless facility application
within a specified time period (60 days for installations on existing structures, and 90 days for
new structures), the failure to meet the deadline for action will be presumed to violate federal
law (both a failure to act within a reasonable period of time and an effective prohibition of
personal wireless services). The FCC declares that all fees (including permit fees and rental fees
for use of government-owned infrastructure, such as streetlights) must be based on a reasonable
approximation of the local government’s costs, such that only objectively reasonable costs are
factored into those fees, and fees are no higher than the fees charged to similarly situated
competitors in similar situations. The FCC creates “safe harbors” of presumptively reasonable
fee levels that include: non-recurring fees equal to $500 for the first five applications plus $100
for each additional, and $1,000 for each new pole. Recurring fees are presumed reasonable if
equal to $270 per facility/per year, including the fee for attachment to municipal infrastructure
and use of ROW. On aesthetics and undergrounding, the FCC declares that such requirements
will not be preempted if they are reasonable, no more burdensome than those applied to other
types of infrastructure deployments, and objective and published in advance. Further, another
FCC order that was released in August prohibits cities from imposing a moratorium on wireless
installations, which means that there can be no pause in accepting or processing applications to
allow a city to study and address potential issues.2
While the legal validity of both of these FCC orders is being litigated, the effectiveness of the
orders has not been stayed pending the resolution of the litigation. Staff therefore is taking steps
discussed below to address wireless deployments in the ROW consistent with the new federal
regulations, and among them, recommends Council adopt an ordinance and resolution on design
and development standards.
DISCUSSION:
To address wireless facilities applications in the ROW, staff recommends that the City Council
approve the following:
1. Ordinance No. 19-01 (Wireless Facilities in the ROW Urgency Ordinance);
2. Ordinance No. 19-02 (Wireless Facilities in the ROW Ordinance);
3. Resolution No. 3746 (Design and Development Resolution); and
1 See In re Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment, Federal Communications Commission, FCC 18-133, WT Docket 17-79, WC Docket 17-84
(rel. Sept. 27, 2018).
2 See In re Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure
Investment, FCC 18-111, WC Docket 17-84, WT Docket 17-79 (rel. Aug. 3, 2018).
4.1
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The ordinance and resolutions work in concert:
Ordinance. The Ordinance would amend Title 12 of the Municipal Code to add Section
12.30, Wireless Facilities in the Public Right-of-Way. For all wireless facility
installations in the ROW, this Ordinance provides, among other regulations, the permit
and review procedures as well as the operation and maintenance standards. The
Ordinance treats wireless installations in the ROW similar to other installations in the
ROW by requiring an encroachment permit. Specifically, the Ordinance sets additional
standards and requirements for obtaining an encroachment permit to install wireless
facilities. If approved by the City Council, this Ordinance would become effective 30
after the second reading.
Urgency Ordinance. The Urgency Ordinance mirrors Ordinance 19-02 but is intended to
take effect immediately upon adoption and bring the City into compliance with the recent
FCC rules.
Design and Development Resolution. The Ordinance provides that design and
development standards will be established by resolution of the City Council. The Design
and Development Resolution provides these standards. Given the frequent and often
important changes to the law and technology of wireless installations, especially the
pending litigation surrounding the FCC Order, design standards-by-resolution affords the
City flexibility to readily adapt and tailor its regulations to these changes and the
concerns of the City.
In addition to the Ordinance and Design and Development Resolution for City Council approval,
City Staff is developing a standard application for wireless facility installations in the ROW and
a master license agreement for use of City infrastructure such as streetlights, all of which
together will serve as the City’s framework for addressing applications for wireless facility
installations in the ROW.
ENVIRONMENTAL REVIEW:
The Ordinance and Resolution are not a “project” within the meaning of Section 15378 of the
State CEQA Guidelines, because they have no potential for resulting in direct or indirect
physical change in the environment. Rather, it is only once an application is filed that CEQA
would be implicated. Further, even if they were interpreted to permit a “project,” any applicable
wireless facility installation would likely be exempt from CEQA review in accordance with State
CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines
section 15303 (new construction or conversion of small structures), and/or State CEQA
Guidelines section 15304 (minor alterations to land).
FISCAL IMPACT:
There is no direct Fiscal Impact to the City. All costs associated with processing permit
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applications and inspections for wireless facilities in the ROW will be covered by the fees
collected from the applicant.
ATTACHMENTS:
Urgency Ordinance 19-01
Ordinance 19-02
Resolution 3746
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STATE OF CALIFORNIA ) ORDINANCE NO. 19-01
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JACINTO TO AMEND THE CITY OF
SAN JACINTO MUNICIPAL CODE; TITLE 12 – STREET,
SIDEWALKS AND PUBLIC PLACES, TO ADD ARTICLE
12.30, “WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-
WAY”.
WHEREAS, the City of San Jacinto (the “City”), being a municipal corporation duly
organized under the laws of the State of California, has the authority, pursuant to the powers
delegated to it by the California Constitution, to adopt such ordinances as it deems necessary and
appropriate to promote the public health, safety, and general welfare of its citizens, including the
public rights-of-way;
WHEREAS, the wireless telecommunications industry has expressed interest in
submitting applications for the installation of “small cell” wireless telecommunications facilities
in the City’s public rights-of-way, and other California cities have already received applications
for small cells to be located within their public rights-of-way;
WHEREAS, state and federal laws have changed substantially since the City last adopted
regulations for wireless telecommunications facilities. Such changes include establishing “shot
clocks” whereby the City must approve or deny installations within a certain period of time.
Federal regulations require local governments to act on permit applications for wireless facilities
within a prescribed time period, and state and federal laws permit applicants to invoke a deemed
granted remedy when a failure to timely act occurs. See 47 U.S.C. § 332(c)(7)(B)(iii); 47 C.F.R.
§§ 1.40001, et seq.; Cal. Gov. Code § 65964.1. Under federal law, a decision on certain
applications must be made in as few as 60 days. Additionally, a recent order and regulations
issued by the Federal Communications Commission substantially alters the regulatory framework
for “small cell” wireless telecommunications facilities, with such regulations becoming effective
on January 14, 2019;
WHEREAS, if not adequately regulated, installation of small cell and other wireless
telecommunications facilities within the public rights-of-way can pose a threat to the public health,
safety, and welfare, including disturbance to the public rights-of-way through the installation and
maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location
of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming
of branches or require removal of roots due to related undergrounding of equipment or connection
lines; land use conflicts and incompatibilities including excessive height or poles and towers;
creation of visual and aesthetic blights and potential safety concerns arising from excessive size,
heights, noise, or lack of camouflaging of wireless facilities, including the associated pedestals,
meters, equipment and power generators; and the creation of unnecessary visual and aesthetic
blight by failing to utilize alternative technologies or capitalizing on collocation opportunities
which may negatively impact the unique quality and character of the City;
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WHEREAS, the City currently regulates wireless telecommunications facilities through
its zoning permit process. The existing standards need to be updated to reflect current
telecommunications trends and legal requirements. Further, the primary focus of the zoning
regulations is wireless telecommunications facilities located on private property, and the existing
Code provisions were not specifically designed to address the unique legal and practical issues that
arise in connection with wireless telecommunications facilities deployed in the public rights -of-
way;
WHEREAS, the City’s public rights-of-way are a uniquely valuable public resource,
closely linked with the City’s natural beauty and various communities. The regulation of wireless
installations in the public rights-of-way is necessary to protect and preserve the aesthetics in the
community; and
WHEREAS, based on the foregoing, the City thus deems it to be necessary and appropriate
to establish by urgency ordinance certain standards and regulations relating to the location,
placement, design, construction and maintenance of telecommunications towers, antennas and
other structures within the City’s public rights-of-way, and providing for the enforcement of said
standards and regulations, consistent with federal and state law limitations on that authority.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City Council:
SECTION 1: The foregoing Recitals are adopted as findings of the City Council as
though set forth in fully within the body of this ordinance.
SECTION 2: The Municipal Code; Title 12 – Streets, Sidewalks and Public Places, for
the City (“Code”) shall be amended to add a new Article 12.30, entitled “Wireless Facilities in
Public Rights-Of-Way” as follows:
ARTICLE 12.30
WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
12.30.01 Purpose.
The purpose of this Article is to establish a process for managing, and uniform standards for
acting upon, requests for the placement of wireless facilities within the public rights-of-way of
the City consistent with the City’s obligation to promote the public health, safety, and welfare, to
manage the public rights-of-way, and to ensure that the public is not incommoded by the use of
the public rights-of-way for the placement of wireless facilities. The City recognizes the
importance of personal wireless services facilities to provide high-quality communications
service to the residents and businesses within the City, and the City also recognizes its obligation
to comply with applicable Federal and State law regarding the placement of personal wireless
services facilities in its public rights-of-way. This ordinance shall be interpreted consistent with
those provisions.
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12.30.02 Definitions. The terms used in this Article shall have the following meanings:
Application: A formal request, including all required and requested documentation and
information, submitted by an applicant to the City for a wireless encroachment permit.
Applicant: A person filing an application for placement or modification of a personal wireless
services facility in the rights-of-way.
Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.40001(b)(1), or any
successor provision.
Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section
1.40001(b)(3), or any successor provision.
FCC: The Federal Communications Commission or its lawful successor.
Municipal Infrastructure: City-owned or controlled property structures, objects, and equipment
in the ROW, including, but not limited to, street lights, traffic control structures, banners, street
furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the
ROW.
Permittee: any person or entity granted a wireless encroachment permit pursuant to this Article.
Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section
332(c)(7)(C)(i).
Personal Wireless Services Facility: means a wireless facility used for the provision of
personal wireless services.
Wireless Facility, or Facility: The transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without
limitation, any associated tower(s), support structure(s), and base station(s).
Public Right-of-Way, or ROW: shall mean and includes all streets, highways, avenues, lanes,
alleys, courts, places, squares, curbs or other public ways in the city which have been or may
hereafter be dedicated and open to public use, or such other public property so designated in any
law of this state as well as any portion of any road or public way which the City has the
responsibility to maintain or manage.
Small Cell Facility: shall have the same meaning as “small wireless facility” in 47 C.F.R.
1.6002(l), or any successor provision (which is a personal wireless services facility that meets the
following conditions that, solely for convenience, have been set forth below):
(a) The facility—
(1) is mounted on a structure 50 feet or less in height, including antennas, as defined in
47 C.F.R. Section 1.1320(d), or
(2) are mounted on structures no more than 10 percent taller than other adjacent
structures, or
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(3) do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna equipment (as
defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three
cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume;
(d) The facility does not require antenna structure registration under 47 C.F.R. Part 17;
(e) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x);
and
(f) The facility does not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
Support Structure: Any structure capable of supporting a base station.
Tower: Any structure built for the sole or primary purpose of supporting any FCC-licensed or
authorized antennas and their associated facilities, including structures that are constructed for
personal wireless services including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul, and the associated site. This definition does not include utility poles.
Underground areas: Those areas where there are no electrical facilities or facilities of the
incumbent local exchange carrier in the right of way; or where the wires associated with the
same are or are required to be located underground; or where the same are scheduled to be
converted from overhead to underground. Electrical facilities are distribution facilities owned by
an electric utility and do not include transmission facilities used or intended to be used to
transmit electricity at nominal voltages in excess of 35,000 volts.
Utility Pole: A structure in the ROW designed to support electric, telephone and similar utility
lines. A tower is not a utility pole.
Wireless Encroachment Permit: A permit issued pursuant to this Article authorizing the
placement or modification of a wireless facility of a design specified in the permit at a particular
location within the ROW; and the modification of any existing support structure to which the
wireless facility is proposed to be attached.
Wireless Service Provider: An entity that provides personal wireless services to end users.
Wireless Infrastructure Provider: A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.
Wireless Regulations: Those regulations adopted pursuant to Section 5 and implementing the
provisions of this Article.
12.30.03 Scope.
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(a) In general. There shall be a type of encroachment permit entitled a “wireless
encroachment permit,” which shall be subject to all of the same requirements as an
encroachment permit would in addition to all of the requirements of this Article. Unless
exempted, every person who desires to place a wireless services facility in the public
rights-of-way or modify an existing wireless services facility in the public rights-of-way
must obtain a wireless encroachment permit authorizing the placement or modification in
accordance with this Article. Except for small cell facilities, facilities qualifying as eligible
facilities requests, or any other type of facility expressly allowed in the public right-of-way
by state or federal law, no other wireless facilities shall be permitted pursuant to this
Article.
(b) Exemptions. This Article does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of the
state solely for public safety purposes.
(2) Installation of a "cell on wheels," “cell on truck” or a similar structure for a temporary
period in connection with an emergency or event, but no longer than required for the
emergency or event, provided that installation does not involve excavation,
movement, or removal of existing facilities.
(c) Other applicable requirements. In addition to the wireless encroachment permit required
herein, the placement of a wireless services facility in the ROW requires the persons who
will own or control those facilities to obtain all permits required by applicable law, and to
comply with applicable law, including, but not limited, applicable law governing radio
frequency (RF) emissions.
(d) Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW as
of the date of this Article’s adoption shall remain subject to the provisions of the City Code
in effect prior to this Article, unless and until an extension of such facility’s then-existing
permit is granted, at which time the provisions of this Article shall apply in full force going
forward as to such facility. The review of any request for a renewal of a permit for such
pre-existing facilities shall be conducted pursuant to this Article, rather than the portion(s)
of the City Code that it was previously reviewed under.
(e) Public use. Except as otherwise provided by California law, any use of the public right-of-
way authorized pursuant to this Chapter will be subordinate to the City’s use and use by the
public.
12.30.04 Administration.
(a) Reviewing Authority. The City Engineer or its designee is responsible for administering
this Article. As part of the administration of this Article, the City Engineer may:
(1) Interpret the provisions of this Article;
(2) Develop and implement standards governing the placement and modification of
wireless facilities consistent with the requirements of this Article, including
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regulations governing collocation and resolution of conflicting applications for
placement of wireless facilities;
(3) Solicit input and conditions from other departments, as necessary;
(4) Develop and implement acceptable designs and development standards for wireless
facilities in the public rights-of-way, taking into account the zoning districts bounding
the public rights-of-way;
(5) Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this Article;
(6) Determine the amount of and collect, as a condition of the completeness of any
application, any fee established by this Article;
(7) Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal laws and
regulations;
(8) Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should be
issued;
(9) Require, as part of, and as a condition of completeness of any application, notice to
members of the public that may be affected by the placement or modification of the
personal wireless services facility and proposed changes to any support structure;
(10) Subject to appeal as provided herein, determine whether to approve, approve subject
to conditions, or deny an application; and
(11) Take such other steps as may be required to timely act upon applications for
placement of personal wireless services facilities, including issuing written decisions
and entering into agreements to mutually extend the time for action on an application.
(b) Appeal.
(1) Any person adversely affected by the decision of the City Engineer pursuant to this
Article may appeal the City Engineer’s decision to the City Council, which may
decide the issues de novo, and whose written decision will be the final decision of
the City. An appeal by a wireless infrastructure provider must be taken jointly with
the wireless service provider that intends to use the personal wireless services
facility.
(2) Where the City Engineer grants an application based on a finding that denial would
result in a prohibition or effective prohibition under applicable federal law, the
decision shall be automatically appealed to the City Council. All appeals must be
filed within two (2) business days of the written decision of the City Engineer,
unless the City Engineer extends the time therefore. An extension may not be
granted where extension would result in approval of the application by operation of
law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law.
12.30.05 General Standards for Wireless Facilities in the Public Rights-of-Way.
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(a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth
in this ordinance and the wireless regulations, in addition to the requirements of any other
applicable law.
(b) Regulations. The wireless regulations and decisions on applications for placement of
wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this
section are satisfied, unless it is determined that applicant has established that denial of an
application would, within the meaning of federal law, prohibit or effectively prohibit the
provision of personal wireless services, or otherwise violate applicable laws or regulations.
If that determination is made, the requirements of this Article may be waived, but only to
the minimum extent required to avoid the prohibition or violation.
(c) Minimum Standards. Wireless facilities shall be installed and modified in a manner that
minimizes risks to public safety, avoids placement of aboveground facilities in
underground areas, avoids installation of new support structures or equipment cabinets in
the public rights-of-way, and otherwise maintains the integrity and character of the
neighborhoods and corridors in which the facilities are located; ensures that installations
are subject to periodic review to minimize the intrusion on the rights of way; and ensures
that the City bears no risk or liability as a result of the installations, and that such use does
not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder
the ability of the City or other government agencies to improve, modify, relocate, abandon,
or vacate the public rights of way or any portion thereof, or to cause the improvement,
modification, relocation, vacation, or abandonment of facilities in the rights of way.
(d) Location Preferences. Location Preference shall be established by Resolution of the City
Council.
(e) Design Standards. Design Standards shall be established by Resolution of the City
Council.
12.30.06 Applications.
(a) Submission. The applicant shall submit an application, amendments, or supplements to an
application, or responses to requests for information regarding an application the City for
review.
(b) Pre-application meeting. Prior to filing an application for a wireless encroachment permit,
an applicant is encouraged to schedule a pre-application meeting with the City Engineer to
discuss the proposed facility, the requirements of this Article, and any potential impacts of
the proposed facility.
(c) Content. An applicant shall submit an application on the form approved by the City
Engineer, which may be updated from time-to-time, but in any event shall require the
submission of all required fee(s), documents, information, and any other materials
necessary to allow the City Engineer to make required findings and ensure that the
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Packet Pg. 155 Attachment: Urgency Ordinance 19-01 (Wireless Facilities within the Right of Way)
proposed facility will comply with applicable federal and state law, the City Code, and will
not endanger the public health, safety, or welfare.
(d) Fees. Application fee(s) shall be required to be submitted with any application for a
wireless encroachment permit. Notwithstanding the foregoing, no application fee shall be
refundable, in whole or in part, to an applicant for a wireless encroachment permit unless
paid as a refundable deposit.
(e) Waivers. Requests for waivers from any requirement of this section shall be made in
writing to the City Engineer or his or her designee. The City Engineer may grant or deny a
request for a waiver pursuant to this subsection. The City Engineer may grant a request for
waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be
provided all information necessary to understand the nature of the construction or other
activity to be conducted pursuant to the permit sought. All waivers approved pursuant to
this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-tailored
to minimize deviation from the requirements of the City Code.
(f) Rejection for Incompleteness. For personal wireless facilities and eligible facilities
requests, applications will be processed, and notices of incompleteness provided, in
conformity with state, local, and federal law. If such an application is incomplete, it may be
rejected by the City Engineer by notifying the applicant and specifying the material omitted
from the application.
(g) License Agreement. Any installation on any City owned or maintained infrastructure shall
be subject to a Municipal Facility License Agreement. Such agreement shall establish
additional standards specific to the type of installation as well as a License Fee.
12.30.07 Findings; Decisions; Consultants.
(a) Approval
(1) The City Engineer or City Council, as the case may be, may approve an application
on the basis of the application and other materials or evidence provided in review
thereof complies with all applicable sections of this Article and design and
development standards and will not be detrimental to the public health, safety and
welfare unless it can make findings for denial listed in Section 12.30.07 (b).
(b) Findings Required for Denials.
(1) Except for eligible facilities requests, the City Engineer or City Council, as the case
may deny an application on the basis of the application and other materials or
evidence provided in review thereof, it finds the following:
i. The facility is detrimental to the public health, safety, and welfare;
ii. The facility does not comply with all applicable sections of this Article or
design and development standards;
iii. The facility does not meet applicable requirements and standards of state
and federal law.
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(2) For eligible facilities requests, the City Engineer or City Council, as the case may
deny an application on the basis of the application and other materials or evidence
provided in review thereof, it finds the following:
i. That the application does not qualify as an eligible facilities request; and
ii. That the proposed facility does not comply with all generally-applicable
laws.
(c) Independent Consultants. The City Engineer or City Council, as the case may be, is
authorized, in its discretion, to select and retain independent consultant(s) with expertise in
telecommunications in connection with the review of any application under this Article.
Such independent consultant review may be retained on any issue that involves specialized
or expert knowledge in connection with an application, including, but not limited to,
application completeness or accuracy, structural engineering analysis, or compliance with
FCC radio frequency emissions standards.
12.30.08 Conditions of Approval.
(a) Generally. In addition to any supplemental conditions imposed by the City Engineer or
City Council, as the case may be, all permits granted pursuant to this Article shall be
subject to the following conditions, unless modified by the approving authority:
(1) Code Compliance. The permittee shall at all times maintain compliance with all
applicable federal, state and local laws, regulations and other rules, including,
without limitation, those applying to use of public rights-of-way.
(2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten
(10) years, unless pursuant to another provision of the Code or these conditions, it
expires sooner or is terminated. At the end of ten (10) years from the date of
issuance, such Permit shall automatically expire, unless an extension or renewal has
been granted. A person holding a wireless encroachment permit must either (1)
remove the facility within thirty (30) days following the permit’s expiration
(provided that removal of support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right of way need not be
removed, but must be restored to its prior condition, except as specifically permitted
by the City); or (2) at least [ninety (90) days] prior to expiration, submit an
application to renew the permit, which application must, among all other
requirements, demonstrate that the impact of the wireless facility cannot be reduced.
The wireless facility must remain in place until it is acted upon by the City and all
appeals from the City’s decision exhausted.
(3) Timing of Installation. The installation and construction authorized by a wireless
encroachment permit shall begin within one (1) year after its approval, or it will
expire without further action by the City. The installation and construction
authorized by a wireless encroachment permit shall conclude, including any
necessary post-installation repairs and/or restoration to the ROW, within thirty (30)
days following the day construction commenced.
(4) Commencement of Operations. The operation of the approved facility shall
commence no later than one (1) month after the completion of installation, or the
wireless encroachment permit will expire without further action by the City.
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(5) As-Built Drawings. The Permittee shall submit an as-built drawings, as necessary,
within ninety (90) days after installation of the facility.
(6) Inspections; Emergencies. The City or its designee may enter onto the facility to
inspect the facility upon 48 hours prior notice to the permittee. The permittee shall
cooperate with all inspections and may be present for any inspection of its facility
by the City. The City reserves the right to enter or direct its designee to enter the
facility and support, repair, disable, or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or property.
The city shall make an effort to contact the permittee prior to disabling or removing
any facility elements, but in any case shall notify permittee within 24 hours of doing
so.
(7) Contact. The permittee shall at all times maintain accurate contact information for
all parties responsible for the facility, which shall include a phone number, street
mailing address and email address for at least one natural person.
(8) Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance with a limit of $1,000,000 per occurrence for
bodily injury and property damage and $2,000,000 general aggregate including
premises operations, contractual liability, personal injury, and products completed
operations. The relevant policy(ies) shall name the City, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as
additional insureds. Permittee shall use its best efforts to provide thirty (30) days’
prior notice to the City of to the cancellation or material modification of any
applicable insurance policy.
(9) Indemnities. The permittee and, if applicable, the owner of the property upon which
the wireless facility is installed shall defend, indemnify and hold harmless the City,
its agents, officers, officials, and employees (i) from any and all damages,
liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs of mandamus, and other actions or proceedings brought
against the city or its agents, officers, officials, or employees to challenge, attack,
seek to modify, set aside, void or annul the city’s approval of the permit, and (ii)
from any and all damages, liabilities, injuries, losses, costs, and expenses, and any
and all claims, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee or, if applicable, the private property owner or any of each one’s agents,
employees, licensees, contractors, subcontractors, or independent contractors. . In
the event the city becomes aware of any such actions or claims the city shall
promptly notify the permittee and, if applicable, the private property owner and
shall reasonably cooperate in the defense. The City shall have the right to approve,
which approval shall not be unreasonably withheld, the legal counsel providing the
City’s defense, and the property owner and/or permittee (as applicable) shall
reimburse City for any costs and expenses directly and necessarily incurred by the
City in the course of the defense.
(10) Performance Bond. Prior to issuance of a wireless encroachment permit, the
permittee shall file with the city, and shall maintain in good standing throughout the
term of the approval, a performance bond or other surety or another form of security
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for the removal of the facility in the event that the use is abandoned or the permit
expires, or is revoked, or is otherwise terminated. The security shall be in the
amount equal to 100% of the cost of physically removing the facility and all related
facilities and equipment on the site, based on the higher of two contractor’s quotes
for removal that are provided by the permittee. The permittee shall reimburse the
city for staff time associated with the processing and tracking of the bond.
Reimbursement shall be paid when the security is posted and during each
administrative review.
(11) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification, and removal of
the facility.
(12) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior
consent of the owner of that structure, improvement, or property. No structure,
improvement, or property owned by the City shall be moved to accommodate a
permitted activity or encroachment, unless the City determines that such movement
will not adversely affect the City or any surrounding businesses or residents, and
the Permittee pays all costs and expenses related to the relocation of the City's
structure, improvement, or property. Prior to commencement of any work pursuant
to a wireless encroachment permit, the Permittee shall provide the City with
documentation establishing to the city's satisfaction that the Permittee has the legal
right to use or interfere with any other structure, improvement, or property within
the public right-of-way or city utility easement to be affected by Permittee's
facilities.
(13) No Right, Title, or Interest. The permission granted by a wireless encroachment
permit shall not in any event constitute an easement on or an encumbrance against
the public right-of-way. No right, title, or interest (including franchise interest) in
the public right-of-way, or any part thereof, shall vest or accrue in Permittee by
reason of a wireless encroachment permit or the issuance of any other permit or
exercise of any privilege given thereby.
(14) No Possessory Interest. No possessory interest is created by a wireless
encroachment permit. However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, Permittee acknowledges
that City has given to Permittee notice pursuant to California Revenue and Taxation
Code Section 107.6 that the use or occupancy of any public property pursuant to a
wireless encroachment permit may create a possessory interest which may be
subject to the payment of property taxes levied upon such interest. Permittee shall
be solely liable for, and shall pay and discharge prior to delinquency, any and all
possessory interact taxes or other taxes, fees, and assessments levied against
Permittee’s right to possession, occupancy, or use of any public property pursuant
to any right of possession, occupancy, or use created by this permit.
(15) General Maintenance. The site and the facility, including, but not limited to, all
landscaping, fencing, and related transmission equipment, must be maintained in a
neat and clean manner and in accordance with all approved plans. All graffiti on
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facilities must be removed at the sole expense of the permittee within forty-eight
(48) hours after notification from the City.
(16) RF Exposure Compliance. All facilities must comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the facility, permittee or its
representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety
rules for general population/uncontrolled RF exposure in all sectors. For this
testing, the transmitter shall be operating at maximum operating power, and the
testing shall occur outwards to a distance where the RF emissions no longer exceed
the uncontrolled/general population limit.
(17) Testing. Testing of any equipment shall take place on weekdays only, and only
between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on
holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(18) Modifications. No changes shall be made to the approved plans without review and
approval in accordance with this Article.
(19) Agreement with City. If not already completed, permittee shall enter into the
appropriate agreement with the City, as determined by the City, prior to
constructing, attaching, or operating a facility on Municipal Infrastructure. This
permit is not a substitute for such agreement.
(20) Conflicts with Improvements. For all facilities located within the ROW, the
permittee shall remove or relocate, at its expense and without expense to the city,
any or all of its facilities when such removal or relocation is deemed necessary by
the city by reason of any change of grade, alignment, or width of any right-of-way,
for installation of services, water pipes, drains, storm drains, power or signal lines,
traffic control devices, right-of-way improvements, or for any other construction,
repair, or improvement to the right-of-way.
(21) Abandonment. If a facility is not operated for a continuous period of six (6) months,
the wireless encroachment permit and any other permit or approval therefor shall be
deemed abandoned and terminated automatically, unless before the end of the 6
month period (i) the City Engineer has determined that the facility has resumed
operations, or (ii) the City has received an application to transfer the permit to
another service provider. No later than ninety (90) days from the date the facility is
determined to have ceased operation or the permittee has notified the City Engineer
of its intent to vacate the site, the permittee shall remove all equipment and
improvements associated with the use and shall restore the site to its original
condition to the satisfaction of the City Engineer. The permittee shall provide
written verification of the removal of the facilities within thirty (30) days of the date
the removal is completed. If the facility is not removed within thirty (30) days after
the permit has been discontinued pursuant to this subsection, the site shall be
deemed to be a nuisance, and the City may cause the facility to be removed at
permittee’s expense or by calling any bond or other financial assurance to pay for
removal. If there are two (2) or more users of a single facility or support structure,
then this provision shall apply to the specific elements or parts thereof that were
4.1.a
Packet Pg. 160 Attachment: Urgency Ordinance 19-01 (Wireless Facilities within the Right of Way)
abandoned, but will not be effective for the entirety thereof until all users cease use
thereof.
(22) Encourage Co-location. Where the facility site is capable of accommodating a co-
located facility upon the same site in a manner consistent with the permit conditions
for the existing facility, the owner and operator of the existing facility shall allow
co-location of third party facilities, provided the parties can mutually agree upon
reasonable terms and conditions.
(23) Records. The permittee must maintain complete and accurate copies of all permits
and other regulatory approvals issued in connection with the facility, which
includes without limitation this approval, the approved plans and photo simulations
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this condition
or fails to produce true and complete copies of such records within a reasonable
time after a written request from the city, any ambiguities or uncertainties that
would be resolved through an inspection of the missing records will be construed
against the permittee.
(24) Attorney’s Fees. In the event the City determines that it is necessary to take legal
action to enforce any of these conditions, or to revoke a permit, and such legal
action is taken, the Permittee shall be required to pay any and all costs of such legal
action, including reasonable attorney’s fees, incurred by the City, even if the matter
is not prosecuted to a final judgment or is amicably resolved, unless the City should
otherwise agree with Permittee to waive said fees or any part thereof. The foregoing
shall not apply if the Permittee prevails in the enforcement proceeding.
(b) Eligible Facilities Requests. In addition to the conditions provided in Section 12.30.09(a)
of this Article and any supplemental conditions imposed by the City Engineer or City
Council, as the case may be, all permits for an eligible facility requests granted pursuant to
this Article shall be subject to the following additional conditions, unless modified by the
approving authority:
(1) Permit subject to conditions of underlying permit. Any permit granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit.
(2) No permit term extension. The city’s grant or grant by operation of law of an
eligible facilities request permit constitutes a federally-mandated modification to
the underlying permit or approval for the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the
city’s grant or grant by operation of law of a eligible facilities request permit will
not extend the permit term for the underlying permit or any other underlying
regulatory approval, and its term shall be coterminous with the underlying permit or
other regulatory approval for the subject tower or base station.
(3) No waiver of standing. The city’s grant or grant by operation of law of an eligible
facilities request does not waive, and shall not be construed to waive, any standing
by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that
interpret Section 6409(a) of the Spectrum Act, or any modification to Section
6409(a) of the Spectrum Act.
4.1.a
Packet Pg. 161 Attachment: Urgency Ordinance 19-01 (Wireless Facilities within the Right of Way)
(c) Small Cell Facilities Requests. In addition to the conditions provided in Section
12.30.09(a) of this Article and any supplemental conditions imposed by the City Engineer
or City Council, as the case may be, all permits for a small cell facility granted pursuant to
this Article shall be subject to the following condition, unless modified by the approving
authority:
(1) No waiver of standing. The city’s grant of a permit for a small cell facility request
does not waive, and shall not be construed to waive, any standing by the city to
challenge any FCC orders or rules related to small cell facilities, or any
modification to those FCC orders or rules.
12.30.09 Breach; Termination of Permit.
(a) For breach. A wireless encroachment permit may be revoked for failure to comply with
the conditions of the permit or applicable law. Upon revocation, the wireless facility must
be removed; provided that removal of a support structure owned by City, a utility, or
another entity authorized to maintain a support structure in the right-of-way need not be
removed, but must be restored to its prior condition, except as specifically permitted by the
City. All costs incurred by the City in connection with the revocation and removal shall be
paid by entities who own or control any part of the wireless facility.
(b) For installation without a permit. Any wireless facility installed without a wireless
encroachment permit (except for those exempted by this Article) must be removed;
provided that removal of support structure owned by City, a utility, or another entity
authorized to maintain a support structure in the right of way need not be removed, but
must be restored to its prior condition, except as specifically permitted by the City. All
costs incurred by the City in connection with the revocation and removal shall be paid by
entities who own or control any part of the personal wireless services facility.
(c) Municipal Infraction. Any violation of this Article will be subject to the same penalties as
a violation of Chapter 8.44.
12.30.010 Infrastructure Controlled By City. The City, as a matter of policy, will negotiate
agreements for use of Municipal Infrastructure. The placement of personal wireless services
facilities on those structures shall be subject to the agreement. The agreement shall specify the
compensation to the City for use of the structures. The person seeking the agreement shall
additionally reimburse the City for all costs the City incurs in connection with its review of, and
action upon the person’s request for, an agreement.
12.30.011 Nondiscrimination. In establishing the rights, obligations and conditions set forth in
this article, it is the intent of the City to treat each applicant or public right-of-way user in a
competitively neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the public rights-of-way.
4.1.a
Packet Pg. 162 Attachment: Urgency Ordinance 19-01 (Wireless Facilities within the Right of Way)
SECTION 3: The City Manager, or his or her delegate, is directed to execute all
documents and to perform all other necessary City acts to implement effect this Ordinance.
SECTION 4: CEQA. This Ordinance is not a project within the meaning of Section
15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it
has no potential for resulting in physical change in the environment, directly or indirectly. The
Ordinance does not authorize any specific development or installation on any specific piece of
property within the City’s boundaries. Moreover, when and if an application for installation is
submitted, the City will at that time conduct preliminary review of the application in accordance
with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State
CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds.
First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That
is, approval of the Ordinance will not result in the actual installation of any facilities in the City.
In order to install a facility in accordance with this Ordinance, the wireless provider would have
to submit an application for installation of the wireless facility. At that time, the City will have
specific and definite information regarding the facility to review in accordance with CEQA.
And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in
the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a
particular site, the installation would be exempt from CEQA review in accordance with either
State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines
section 15303 (new construction or conversion of small structures), and/or State CEQA
Guidelines section 15304 (minor alterations to land).
SECTION 5: Severability. If any section, subsection, provision, sentence, clause,
phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any
court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair
any remaining section, subsection, provision, sentence, clause, phrase or word included within
this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and
shall remain in full force and effect, valid, and enforceable.
SECTION 6: In accordance with __________________, this ordinance shall become
effective on the _________________day following its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF [JURISDICTION] this ______ day of
______________, ______, by the following vote:
AYES:
NOES:
ABSENT:
4.1.a
Packet Pg. 163 Attachment: Urgency Ordinance 19-01 (Wireless Facilities within the Right of Way)
APPROVED:
_______________________________
Russ Utz, Mayor
ATTEST:
_______________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
_______________________________
BB&K, City Attorney
4.1.a
Packet Pg. 164 Attachment: Urgency Ordinance 19-01 (Wireless Facilities within the Right of Way)
STATE OF CALIFORNIA ) ORDINANCE NO. 19-02
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO TO AMEND THE CITY OF SAN
JACINTO MUNICIPAL CODE; TITLE 12 – STREET,
SIDEWALKS AND PUBLIC PLACES, TO ADD ARTICLE
12.30, “WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-
WAY”.
WHEREAS, the City of San Jacinto (“City”) has the authority to adopt such ordinances
as it deems necessary and appropriate to assure good government in the City, to protect and
preserve the City’s rights, property and privileges, and to preserve peace, safety and good order;
and
WHEREAS, the City deems it to be necessary and appropriate to provide for certain
standards and regulations relating to the location, placement, design, construction and
maintenance of telecommunications towers, antennas and other structures within the City’s
public rights-of-way, and providing for the enforcement of said standards and regulations,
consistent with federal and state law limitations on that authority.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City Council:
SECTION 1: The foregoing Recitals are adopted as findings of the City Council as
though set forth in fully within the body of this ordinance.
SECTION 2: The Municipal Code; Title 12 – Streets, Sidewalks and Public Places, for
the City (“Code”) shall be amended to add a new Article 12.30, entitled “Wireless Facilities in
Public Rights-Of-Way” as follows:
ARTICLE 12.30
WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
12.30.01 Purpose.
The purpose of this Article is to establish a process for managing, and uniform standards for
acting upon, requests for the placement of wireless facilities within the public rights-of-way of
the City consistent with the City’s obligation to promote the public health, safety, and welfare, to
manage the public rights-of-way, and to ensure that the public is not incommoded by the use of
the public rights-of-way for the placement of wireless facilities. The City recognizes the
importance of personal wireless services facilities to provide high-quality communications
service to the residents and businesses within the City, and the City also recognizes its obligation
to comply with applicable Federal and State law regarding the placement of personal wireless
4.1.b
Packet Pg. 165 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
services facilities in its public rights-of-way. This ordinance shall be interpreted consistent with
those provisions.
12.30.02 Definitions. The terms used in this Article shall have the following meanings:
Application: A formal request, including all required and requested documentation and
information, submitted by an applicant to the City for a wireless encroachment permit.
Applicant: A person filing an application for placement or modification of a personal wireless
services facility in the rights-of-way.
Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.40001(b)(1), or any
successor provision.
Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section
1.40001(b)(3), or any successor provision.
FCC: The Federal Communications Commission or its lawful successor.
Municipal Infrastructure: City-owned or controlled property structures, objects, and equipment
in the ROW, including, but not limited to, street lights, traffic control structures, banners, street
furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the
ROW.
Permittee: any person or entity granted a wireless encroachment permit pursuant to this Article.
Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section
332(c)(7)(C)(i).
Personal Wireless Services Facility: means a wireless facility used for the provision of
personal wireless services.
Wireless Facility, or Facility: The transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without
limitation, any associated tower(s), support structure(s), and base station(s).
Public Right-of-Way, or ROW: shall mean and includes all streets, highways, avenues, lanes,
alleys, courts, places, squares, curbs or other public ways in the city which have been or may
hereafter be dedicated and open to public use, or such other public property so designated in any
law of this state as well as any portion of any road or public way which the City has the
responsibility to maintain or manage.
Small Cell Facility: shall have the same meaning as “small wireless facility” in 47 C.F.R.
1.6002(l), or any successor provision (which is a personal wireless services facility that meets the
following conditions that, solely for convenience, have been set forth below):
(a) The facility—
4.1.b
Packet Pg. 166 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
(1) is mounted on a structure 50 feet or less in height, including antennas, as defined in
47 C.F.R. Section 1.1320(d), or
(2) are mounted on structures no more than 10 percent taller than other adjacent
structures, or
(3) do not extend existing structures on which they are located to a height of more than
50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna equipment (as
defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three
cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume;
(d) The facility does not require antenna structure registration under 47 C.F.R. Part 17;
(e) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x);
and
(f) The facility does not result in human exposure to radiofrequency radiation in excess of the
applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
Support Structure: Any structure capable of supporting a base station.
Tower: Any structure built for the sole or primary purpose of supporting any FCC-licensed or
authorized antennas and their associated facilities, including structures that are constructed for
personal wireless services including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless services such as microwave
backhaul, and the associated site. This definition does not include utility poles.
Underground areas: Those areas where there are no electrical facilities or facilities of the
incumbent local exchange carrier in the right of way; or where the wires associated with the
same are or are required to be located underground; or where the same are scheduled to be
converted from overhead to underground. Electrical facilities are distribution facilities owned by
an electric utility and do not include transmission facilities used or intended to be used to
transmit electricity at nominal voltages in excess of 35,000 volts.
Utility Pole: A structure in the ROW designed to support electric, telephone and similar utility
lines. A tower is not a utility pole.
Wireless Encroachment Permit: A permit issued pursuant to this Article authorizing the
placement or modification of a wireless facility of a design specified in the permit at a particular
location within the ROW; and the modification of any existing support structure to which the
wireless facility is proposed to be attached.
Wireless Service Provider: An entity that provides personal wireless services to end users.
Wireless Infrastructure Provider: A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.
4.1.b
Packet Pg. 167 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
Wireless Regulations: Those regulations adopted pursuant to Section 5 and implementing the
provisions of this Article.
12.30.03 Scope.
(a) In general. There shall be a type of encroachment permit entitled a “wireless
encroachment permit,” which shall be subject to all of the same requirements as an
encroachment permit would in addition to all of the requirements of this Article. Unless
exempted, every person who desires to place a wireless services facility in the public
rights-of-way or modify an existing wireless services facility in the public rights-of-way
must obtain a wireless encroachment permit authorizing the placement or modification in
accordance with this Article. Except for small cell facilities, facilities qualifying as eligible
facilities requests, or any other type of facility expressly allowed in the public right-of-way
by state or federal law, no other wireless facilities shall be permitted pursuant to this
Article.
(b) Exemptions. This Article does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of the
state solely for public safety purposes.
(2) Installation of a "cell on wheels," “cell on truck” or a similar structure for a temporary
period in connection with an emergency or event, but no longer than required for the
emergency or event, provided that installation does not involve excavation,
movement, or removal of existing facilities.
(c) Other applicable requirements. In addition to the wireless encroachment permit required
herein, the placement of a wireless services facility in the ROW requires the persons who
will own or control those facilities to obtain all permits required by applicable law, and to
comply with applicable law, including, but not limited, applicable law governing radio
frequency (RF) emissions.
(d) Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW as
of the date of this Article’s adoption shall remain subject to the provisions of the City Code
in effect prior to this Article, unless and until an extension of such facility’s then-existing
permit is granted, at which time the provisions of this Article shall apply in full force going
forward as to such facility. The review of any request for a renewal of a permit for such
pre-existing facilities shall be conducted pursuant to this Article, rather than the portion(s)
of the City Code that it was previously reviewed under.
(e) Public use. Except as otherwise provided by California law, any use of the public right-of-
way authorized pursuant to this Chapter will be subordinate to the City’s use and use by the
public.
12.30.04 Administration.
(a) Reviewing Authority. The City Engineer or its designee is responsible for administering
this Article. As part of the administration of this Article, the City Engineer may:
4.1.b
Packet Pg. 168 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
(1) Interpret the provisions of this Article;
(2) Develop and implement standards governing the placement and modification of
wireless facilities consistent with the requirements of this Article, including
regulations governing collocation and resolution of conflicting applications for
placement of wireless facilities;
(3) Solicit input and conditions from other departments, as necessary;
(4) Develop and implement acceptable designs and development standards for wireless
facilities in the public rights-of-way, taking into account the zoning districts bounding
the public rights-of-way;
(5) Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this Article;
(6) Determine the amount of and collect, as a condition of the completeness of any
application, any fee established by this Article;
(7) Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with federal laws and
regulations;
(8) Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should be
issued;
(9) Require, as part of, and as a condition of completeness of any application, notice to
members of the public that may be affected by the placement or modification of the
personal wireless services facility and proposed changes to any support structure;
(10) Subject to appeal as provided herein, determine whether to approve, approve subject
to conditions, or deny an application; and
(11) Take such other steps as may be required to timely act upon applications for
placement of personal wireless services facilities, including issuing written decisions
and entering into agreements to mutually extend the time for action on an application.
(b) Appeal.
(1) Any person adversely affected by the decision of the City Engineer pursuant to this
Article may appeal the City Engineer’s decision to the City Council, which may
decide the issues de novo, and whose written decision will be the final decision of
the City. An appeal by a wireless infrastructure provider must be taken jointly with
the wireless service provider that intends to use the personal wireless services
facility.
(2) Where the City Engineer grants an application based on a finding that denial would
result in a prohibition or effective prohibition under applicable federal law, the
decision shall be automatically appealed to the City Council. All appeals must be
filed within two (2) business days of the written decision of the City Engineer,
unless the City Engineer extends the time therefore. An extension may not be
granted where extension would result in approval of the application by operation of
law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law.
4.1.b
Packet Pg. 169 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
12.30.05 General Standards for Wireless Facilities in the Public Rights-of-Way.
(a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth
in this ordinance and the wireless regulations, in addition to the requirements of any other
applicable law.
(b) Regulations. The wireless regulations and decisions on applications for placement of
wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this
section are satisfied, unless it is determined that applicant has established that denial of an
application would, within the meaning of federal law, prohibit or effectively prohibit the
provision of personal wireless services, or otherwise violate applicable laws or regulations.
If that determination is made, the requirements of this Article may be waived, but only to
the minimum extent required to avoid the prohibition or violation.
(c) Minimum Standards. Wireless facilities shall be installed and modified in a manner that
minimizes risks to public safety, avoids placement of aboveground facilities in
underground areas, avoids installation of new support structures or equipment cabinets in
the public rights-of-way, and otherwise maintains the integrity and character of the
neighborhoods and corridors in which the facilities are located; ensures that installations
are subject to periodic review to minimize the intrusion on the rights of way; and ensures
that the City bears no risk or liability as a result of the installations, and that such use does
not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder
the ability of the City or other government agencies to improve, modify, relocate, abandon,
or vacate the public rights of way or any portion thereof, or to cause the improvement,
modification, relocation, vacation, or abandonment of facilities in the rights of way.
(d) Location Preferences. Location Preference shall be established by Resolution of the City
Council.
(e) Design Standards. Design Standards shall be established by Resolution of the City
Council.
12.30.06 Applications.
(a) Submission. The applicant shall submit an application, amendments, or supplements to an
application, or responses to requests for information regarding an application the City for
review.
(b) Pre-application meeting. Prior to filing an application for a wireless encroachment permit,
an applicant is encouraged to schedule a pre-application meeting with the City Engineer to
discuss the proposed facility, the requirements of this Article, and any potential impacts of
the proposed facility.
(c) Content. An applicant shall submit an application on the form approved by the City
Engineer, which may be updated from time-to-time, but in any event shall require the
submission of all required fee(s), documents, information, and any other materials
4.1.b
Packet Pg. 170 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
necessary to allow the City Engineer to make required findings and ensure that the
proposed facility will comply with applicable federal and state law, the City Code, and will
not endanger the public health, safety, or welfare.
(d) Fees. Application fee(s) shall be required to be submitted with any application for a
wireless encroachment permit. Notwithstanding the foregoing, no application fee shall be
refundable, in whole or in part, to an applicant for a wireless encroachment permit unless
paid as a refundable deposit.
(e) Waivers. Requests for waivers from any requirement of this section shall be made in
writing to the City Engineer or his or her designee. The City Engineer may grant or deny a
request for a waiver pursuant to this subsection. The City Engineer may grant a request for
waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be
provided all information necessary to understand the nature of the construction or other
activity to be conducted pursuant to the permit sought. All waivers approved pursuant to
this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-tailored
to minimize deviation from the requirements of the City Code.
(f) Rejection for Incompleteness. For personal wireless facilities and eligible facilities
requests, applications will be processed, and notices of incompleteness provided, in
conformity with state, local, and federal law. If such an application is incomplete, it may be
rejected by the City Engineer by notifying the applicant and specifying the material omitted
from the application.
(g) License Agreement. Any installation on any City owned or maintained infrastructure shall
be subject to a Municipal Facility License Agreement. Such agreement shall establish
additional standards specific to the type of installation as well as a License Fee.
12.30.07 Findings; Decisions; Consultants.
(a) Approval
(1) The City Engineer or City Council, as the case may be, may approve an application
on the basis of the application and other materials or evidence provided in review
thereof complies with all applicable sections of this Article and design and
development standards and will not be detrimental to the public health, safety and
welfare unless it can make findings for denial listed in Section 12.30.07 (b).
(b) Findings Required for Denials.
(1) Except for eligible facilities requests, the City Engineer or City Council, as the case
may deny an application on the basis of the application and other materials or
evidence provided in review thereof, it finds the following:
i. The facility is detrimental to the public health, safety, and welfare;
ii. The facility does not comply with all applicable sections of this Article or
design and development standards;
iii. The facility does not meet applicable requirements and standards of state
and federal law.
4.1.b
Packet Pg. 171 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
(2) For eligible facilities requests, the City Engineer or City Council, as the case may
deny an application on the basis of the application and other materials or evidence
provided in review thereof, it finds the following:
i. That the application does not qualify as an eligible facilities request; and
ii. That the proposed facility does not comply with all generally-applicable
laws.
(c) Independent Consultants. The City Engineer or City Council, as the case may be, is
authorized, in its discretion, to select and retain independent consultant(s) with expertise in
telecommunications in connection with the review of any application under this Article.
Such independent consultant review may be retained on any issue that involves specialized
or expert knowledge in connection with an application, including, but not limited to,
application completeness or accuracy, structural engineering analysis, or compliance with
FCC radio frequency emissions standards.
12.30.08 Conditions of Approval.
(a) Generally. In addition to any supplemental conditions imposed by the City Engineer or
City Council, as the case may be, all permits granted pursuant to this Article shall be
subject to the following conditions, unless modified by the approving authority:
(1) Code Compliance. The permittee shall at all times maintain compliance with all
applicable federal, state and local laws, regulations and other rules, including,
without limitation, those applying to use of public rights-of-way.
(2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten
(10) years, unless pursuant to another provision of the Code or these conditions, it
expires sooner or is terminated. At the end of ten (10) years from the date of
issuance, such Permit shall automatically expire, unless an extension or renewal has
been granted. A person holding a wireless encroachment permit must either (1)
remove the facility within thirty (30) days following the permit’s expiration
(provided that removal of support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right of way need not be
removed, but must be restored to its prior condition, except as specifically permitted
by the City); or (2) at least [ninety (90) days] prior to expiration, submit an
application to renew the permit, which application must, among all other
requirements, demonstrate that the impact of the wireless facility cannot be reduced.
The wireless facility must remain in place until it is acted upon by the City and all
appeals from the City’s decision exhausted.
(3) Timing of Installation. The installation and construction authorized by a wireless
encroachment permit shall begin within one (1) year after its approval, or it will
expire without further action by the City. The installation and construction
authorized by a wireless encroachment permit shall conclude, including any
necessary post-installation repairs and/or restoration to the ROW, within thirty (30)
days following the day construction commenced.
(4) Commencement of Operations. The operation of the approved facility shall
commence no later than one (1) month after the completion of installation, or the
wireless encroachment permit will expire without further action by the City.
4.1.b
Packet Pg. 172 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
(5) As-Built Drawings. The Permittee shall submit an as-built drawings, as necessary,
within ninety (90) days after installation of the facility.
(6) Inspections; Emergencies. The City or its designee may enter onto the facility to
inspect the facility upon 48 hours prior notice to the permittee. The permittee shall
cooperate with all inspections and may be present for any inspection of its facility
by the City. The City reserves the right to enter or direct its designee to enter the
facility and support, repair, disable, or remove any elements of the facility in
emergencies or when the facility threatens imminent harm to persons or property.
The city shall make an effort to contact the permittee prior to disabling or removing
any facility elements, but in any case shall notify permittee within 24 hours of doing
so.
(7) Contact. The permittee shall at all times maintain accurate contact information for
all parties responsible for the facility, which shall include a phone number, street
mailing address and email address for at least one natural person.
(8) Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance with a limit of $1,000,000 per occurrence for
bodily injury and property damage and $2,000,000 general aggregate including
premises operations, contractual liability, personal injury, and products completed
operations. The relevant policy(ies) shall name the City, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as
additional insureds. Permittee shall use its best efforts to provide thirty (30) days’
prior notice to the City of to the cancellation or material modification of any
applicable insurance policy.
(9) Indemnities. The permittee and, if applicable, the owner of the property upon which
the wireless facility is installed shall defend, indemnify and hold harmless the City,
its agents, officers, officials, and employees (i) from any and all damages,
liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs of mandamus, and other actions or proceedings brought
against the city or its agents, officers, officials, or employees to challenge, attack,
seek to modify, set aside, void or annul the city’s approval of the permit, and (ii)
from any and all damages, liabilities, injuries, losses, costs, and expenses, and any
and all claims, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee or, if applicable, the private property owner or any of each one’s agents,
employees, licensees, contractors, subcontractors, or independent contractors. . In
the event the city becomes aware of any such actions or claims the city shall
promptly notify the permittee and, if applicable, the private property owner and
shall reasonably cooperate in the defense. The City shall have the right to approve,
which approval shall not be unreasonably withheld, the legal counsel providing the
City’s defense, and the property owner and/or permittee (as applicable) shall
reimburse City for any costs and expenses directly and necessarily incurred by the
City in the course of the defense.
(10) Performance Bond. Prior to issuance of a wireless encroachment permit, the
permittee shall file with the city, and shall maintain in good standing throughout the
term of the approval, a performance bond or other surety or another form of security
4.1.b
Packet Pg. 173 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
for the removal of the facility in the event that the use is abandoned or the permit
expires, or is revoked, or is otherwise terminated. The security shall be in the
amount equal to 100% of the cost of physically removing the facility and all related
facilities and equipment on the site, based on the higher of two contractor’s quotes
for removal that are provided by the permittee. The permittee shall reimburse the
city for staff time associated with the processing and tracking of the bond.
Reimbursement shall be paid when the security is posted and during each
administrative review.
(11) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification, and removal of
the facility.
(12) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior
consent of the owner of that structure, improvement, or property. No structure,
improvement, or property owned by the City shall be moved to accommodate a
permitted activity or encroachment, unless the City determines that such movement
will not adversely affect the City or any surrounding businesses or residents, and
the Permittee pays all costs and expenses related to the relocation of the City's
structure, improvement, or property. Prior to commencement of any work pursuant
to a wireless encroachment permit, the Permittee shall provide the City with
documentation establishing to the city's satisfaction that the Permittee has the legal
right to use or interfere with any other structure, improvement, or property within
the public right-of-way or city utility easement to be affected by Permittee's
facilities.
(13) No Right, Title, or Interest. The permission granted by a wireless encroachment
permit shall not in any event constitute an easement on or an encumbrance against
the public right-of-way. No right, title, or interest (including franchise interest) in
the public right-of-way, or any part thereof, shall vest or accrue in Permittee by
reason of a wireless encroachment permit or the issuance of any other permit or
exercise of any privilege given thereby.
(14) No Possessory Interest. No possessory interest is created by a wireless
encroachment permit. However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, Permittee acknowledges
that City has given to Permittee notice pursuant to California Revenue and Taxation
Code Section 107.6 that the use or occupancy of any public property pursuant to a
wireless encroachment permit may create a possessory interest which may be
subject to the payment of property taxes levied upon such interest. Permittee shall
be solely liable for, and shall pay and discharge prior to delinquency, any and all
possessory interact taxes or other taxes, fees, and assessments levied against
Permittee’s right to possession, occupancy, or use of any public property pursuant
to any right of possession, occupancy, or use created by this permit.
(15) General Maintenance. The site and the facility, including, but not limited to, all
landscaping, fencing, and related transmission equipment, must be maintained in a
neat and clean manner and in accordance with all approved plans. All graffiti on
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Packet Pg. 174 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
facilities must be removed at the sole expense of the permittee within forty-eight
(48) hours after notification from the City.
(16) RF Exposure Compliance. All facilities must comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the facility, permittee or its
representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety
rules for general population/uncontrolled RF exposure in all sectors. For this
testing, the transmitter shall be operating at maximum operating power, and the
testing shall occur outwards to a distance where the RF emissions no longer exceed
the uncontrolled/general population limit.
(17) Testing. Testing of any equipment shall take place on weekdays only, and only
between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on
holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(18) Modifications. No changes shall be made to the approved plans without review and
approval in accordance with this Article.
(19) Agreement with City. If not already completed, permittee shall enter into the
appropriate agreement with the City, as determined by the City, prior to
constructing, attaching, or operating a facility on Municipal Infrastructure. This
permit is not a substitute for such agreement.
(20) Conflicts with Improvements. For all facilities located within the ROW, the
permittee shall remove or relocate, at its expense and without expense to the city,
any or all of its facilities when such removal or relocation is deemed necessary by
the city by reason of any change of grade, alignment, or width of any right-of-way,
for installation of services, water pipes, drains, storm drains, power or signal lines,
traffic control devices, right-of-way improvements, or for any other construction,
repair, or improvement to the right-of-way.
(21) Abandonment. If a facility is not operated for a continuous period of six (6) months,
the wireless encroachment permit and any other permit or approval therefor shall be
deemed abandoned and terminated automatically, unless before the end of the 6
month period (i) the City Engineer has determined that the facility has resumed
operations, or (ii) the City has received an application to transfer the permit to
another service provider. No later than ninety (90) days from the date the facility is
determined to have ceased operation or the permittee has notified the City Engineer
of its intent to vacate the site, the permittee shall remove all equipment and
improvements associated with the use and shall restore the site to its original
condition to the satisfaction of the City Engineer. The permittee shall provide
written verification of the removal of the facilities within thirty (30) days of the date
the removal is completed. If the facility is not removed within thirty (30) days after
the permit has been discontinued pursuant to this subsection, the site shall be
deemed to be a nuisance, and the City may cause the facility to be removed at
permittee’s expense or by calling any bond or other financial assurance to pay for
removal. If there are two (2) or more users of a single facility or support structure,
then this provision shall apply to the specific elements or parts thereof that were
4.1.b
Packet Pg. 175 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
abandoned, but will not be effective for the entirety thereof until all users cease use
thereof.
(22) Encourage Co-location. Where the facility site is capable of accommodating a co-
located facility upon the same site in a manner consistent with the permit conditions
for the existing facility, the owner and operator of the existing facility shall allow
co-location of third party facilities, provided the parties can mutually agree upon
reasonable terms and conditions.
(23) Records. The permittee must maintain complete and accurate copies of all permits
and other regulatory approvals issued in connection with the facility, which
includes without limitation this approval, the approved plans and photo simulations
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this condition
or fails to produce true and complete copies of such records within a reasonable
time after a written request from the city, any ambiguities or uncertainties that
would be resolved through an inspection of the missing records will be construed
against the permittee.
(24) Attorney’s Fees. In the event the City determines that it is necessary to take legal
action to enforce any of these conditions, or to revoke a permit, and such legal
action is taken, the Permittee shall be required to pay any and all costs of such legal
action, including reasonable attorney’s fees, incurred by the City, even if the matter
is not prosecuted to a final judgment or is amicably resolved, unless the City should
otherwise agree with Permittee to waive said fees or any part thereof. The foregoing
shall not apply if the Permittee prevails in the enforcement proceeding.
(b) Eligible Facilities Requests. In addition to the conditions provided in Section 12.30.09(a)
of this Article and any supplemental conditions imposed by the City Engineer or City
Council, as the case may be, all permits for an eligible facility requests granted pursuant to
this Article shall be subject to the following additional conditions, unless modified by the
approving authority:
(1) Permit subject to conditions of underlying permit. Any permit granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit.
(2) No permit term extension. The city’s grant or grant by operation of law of an
eligible facilities request permit constitutes a federally-mandated modification to
the underlying permit or approval for the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the
city’s grant or grant by operation of law of a eligible facilities request permit will
not extend the permit term for the underlying permit or any other underlying
regulatory approval, and its term shall be coterminous with the underlying permit or
other regulatory approval for the subject tower or base station.
(3) No waiver of standing. The city’s grant or grant by operation of law of an eligible
facilities request does not waive, and shall not be construed to waive, any standing
by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that
interpret Section 6409(a) of the Spectrum Act, or any modification to Section
6409(a) of the Spectrum Act.
4.1.b
Packet Pg. 176 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
(c) Small Cell Facilities Requests. In addition to the conditions provided in Section
12.30.09(a) of this Article and any supplemental conditions imposed by the City Engineer
or City Council, as the case may be, all permits for a small cell facility granted pursuant to
this Article shall be subject to the following condition, unless modified by the approving
authority:
(1) No waiver of standing. The city’s grant of a permit for a small cell facility request
does not waive, and shall not be construed to waive, any standing by the city to
challenge any FCC orders or rules related to small cell facilities, or any
modification to those FCC orders or rules.
12.30.09 Breach; Termination of Permit.
(a) For breach. A wireless encroachment permit may be revoked for failure to comply with
the conditions of the permit or applicable law. Upon revocation, the wireless facility must
be removed; provided that removal of a support structure owned by City, a utility, or
another entity authorized to maintain a support structure in the right-of-way need not be
removed, but must be restored to its prior condition, except as specifically permitted by the
City. All costs incurred by the City in connection with the revocation and removal shall be
paid by entities who own or control any part of the wireless facility.
(b) For installation without a permit. Any wireless facility installed without a wireless
encroachment permit (except for those exempted by this Article) must be removed;
provided that removal of support structure owned by City, a utility, or another entity
authorized to maintain a support structure in the right of way need not be removed, but
must be restored to its prior condition, except as specifically permitted by the City. All
costs incurred by the City in connection with the revocation and removal shall be paid by
entities who own or control any part of the personal wireless services facility.
(c) Municipal Infraction. Any violation of this Article will be subject to the same penalties as
a violation of Chapter 8.44.
12.30.010 Infrastructure Controlled By City. The City, as a matter of policy, will negotiate
agreements for use of Municipal Infrastructure. The placement of personal wireless services
facilities on those structures shall be subject to the agreement. The agreement shall specify the
compensation to the City for use of the structures. The person seeking the agreement shall
additionally reimburse the City for all costs the City incurs in connection with its review of, and
action upon the person’s request for, an agreement.
12.30.011 Nondiscrimination. In establishing the rights, obligations and conditions set forth in
this article, it is the intent of the City to treat each applicant or public right-of-way user in a
competitively neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the public rights-of-way.
4.1.b
Packet Pg. 177 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
SECTION 3: The City Manager, or his or her delegate, is directed to execute all
documents and to perform all other necessary City acts to implement effect this Ordinance.
SECTION 4: CEQA. This Ordinance is not a project within the meaning of Section
15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it
has no potential for resulting in physical change in the environment, directly or indirectly. The
Ordinance does not authorize any specific development or installation on any specific piece of
property within the City’s boundaries. Moreover, when and if an application for installation is
submitted, the City will at that time conduct preliminary review of the application in accordance
with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State
CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds.
First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That
is, approval of the Ordinance will not result in the actual installation of any facilities in the City.
In order to install a facility in accordance with this Ordinance, the wireless provider would have
to submit an application for installation of the wireless facility. At that time, the City will have
specific and definite information regarding the facility to review in accordance with CEQA.
And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in
the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a
particular site, the installation would be exempt from CEQA review in accordance with either
State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines
section 15303 (new construction or conversion of small structures), and/or State CEQA
Guidelines section 15304 (minor alterations to land).
SECTION 5: Severability. If any section, subsection, provision, sentence, clause,
phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any
court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair
any remaining section, subsection, provision, sentence, clause, phrase or word included within
this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and
shall remain in full force and effect, valid, and enforceable.
SECTION 6: In accordance with __________________, this ordinance shall become
effective on the _________________day following its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF [JURISDICTION] this ______ day of
______________, ______, by the following vote:
AYES:
NOES:
ABSENT:
4.1.b
Packet Pg. 178 Attachment: Ordinance 19-02 (Wireless Facilities within the Right of Way)
APPROVED:
_______________________________
Russ Utz, Mayor
ATTEST:
_______________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
_______________________________
BB&K, City Attorney
4.1.b
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STATE OF CALIFORNIA ) RESOLUTION NO. 3746
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, ESTABLISHING
DESIGN AND DEVELOPMENT STANDARDS FOR
WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-
WAY
WHEREAS, the City San Jacinto, California (“City”) is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, as long as these are consistent with the general laws of the State; and
WHEREAS, the wireless telecommunications industry has expressed interest in
submitting applications for the installation of “small cell” wireless telecommunications facilities
in the City’s public rights-of-way, and other California cities have already received applications
for small cells to be located within their public rights-of-way;
WHEREAS, state and federal laws have changed substantially since the City last adopted
regulations for wireless telecommunications facilities. Such changes include establishing “shot
clocks” whereby the City must approve or deny installations within a certain period of time.
Federal regulations require local governments to act on permit applications for wireless facilities
within a prescribed time period, and state and federal laws permit applicants to invoke a deemed
granted remedy when a failure to timely act occurs. See 47 U.S.C. § 332(c)(7)(B)(iii); 47 C.F.R.
§§ 1.40001, et seq.; Cal. Gov. Code § 65964.1. Under federal law, a decision on certain
applications must be made in as few as 60 days. Additionally, a recent order and regulations issued
by the Federal Communications Commission substantially alters the regulatory framework for
“small cell” wireless telecommunications facilities, with such regulations becoming effective on
January 14, 2019;
WHEREAS, to ensure compliance with the “shot clock” established by the FCC, the City
desires to have clear guidance on design requirements for the installation of wireless facilities
within the rights-of-way to allow for quicker review and approval of applications based on specific
standards and regulations and to limit confusion or disagreements between staff and applicants;
WHEREAS, if not adequately regulated, installation of small cell and other wireless
telecommunications facilities within the public rights-of-way can pose a threat to the public health,
safety, and welfare, including disturbance to the public rights-of-way through the installation and
maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location
of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming
of branches or require removal of roots due to related undergrounding of equipment or connection
lines; land use conflicts and incompatibilities including excessive height or poles and towers;
creation of visual and aesthetic blights and potential safety concerns arising from excessive size,
heights, noise, or lack of camouflaging of wireless facilities, including the associated pedestals,
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24438.00000\31750710.1
meters, equipment and power generators; and the creation of unnecessary visual and aesthetic
blight by failing to utilize alternative technologies or capitalizing on collocation opportunities
which may negatively impact the unique quality and character of the City;
WHEREAS, the City’s public rights-of-way are a uniquely valuable public resource,
closely linked with the City’s natural beauty and various communities. The regulation of wireless
installations in the public rights-of-way is necessary to protect and preserve the aesthetics in the
community; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Purpose. In accordance with Ordinance No. 19-01 and 19-02, the purpose of this
Resolution is to implement regulations on wireless communication facilities that
protect the public health, safety, and welfare of the community while complying
with the requirements of general state law, as amended from time to time, to
promote safe vending practices, prevent safety, traffic, and health hazards, and to
preserve the public peace, safety, and welfare of the community.
SECTION 3. Regulations. Wireless Facilities within the public rights-of-way shall comply with
the rules and regulations attached to this resolution.
SECTION 3. CEQA. The City Council has determined this resolution is not a “project” as
defined by the California Environmental Quality Act (CEQA) Guidelines Section
15378.
SECTION 4. Severability. If any provision of this resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this resolution are
severable. The City Council hereby declares that it would have adopted this
resolution irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date. This resolution shall become effective on its adoption.
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24438.00000\31750710.1
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
the 22nd Day of January, 2019.
City of San Jacinto
________________________
Russ Utz, Mayor
ATTEST:
____________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
Michael J. Maurer, City Attorney
4.1.c
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24438.00000\31750710.1
CITY OF SAN JACINTO
DESIGN AND DEVELOPMENT STANDARD FOR WIRELESS FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY
1. Location Preferences
a. All applicants should, to the extent feasible, propose new facilities and substantial
changes to existing facilities with designs according to the following preferences,
ordered from most preferred to least preferred:
i. Installation of a new wireless facility on a new light pole, which replaces
an existing street light and is consistent with the design guidelines.
ii. Installation of a new wireless facility, attached to a new light pole in
accordance with the Design Guidelines.
iii. Installation of wireless facility on an existing public utility pole within the
right of way.
iv. Installation of a wireless facility on a new pole in a location with no other
utilities, power lines, lights, etc.
2. Preferred Locations. All applicants should, to the extent feasible, propose facilities in or
adjacent to non-residential zones.
a. Non-residential Preferences. All applicants should, to the extent feasible, propose
new facilities and substantial changes to existing facilities in non-residential zones
according to the following preferences, ordered from most preferred to least
preferred:
i. In the right-of-way of an industrial zone
ii. In the right of way of a commercial zones
iii. In the right-of- way of an intuitional zone
3. Design Standards. Unless it is determined that another design is less intrusive or that a
different design is required under applicable law, permits for wireless services facilities
shall incorporate the following applicable concealment elements to minimize visual
impacts and design requirements:
a. New and/or replacement poles shall match height, color, diameter, and material of
the original and/or adjacent poles, except for wood poles which should be
replaced with a steel or marbelite pole.
b. No wireless component should exceed the height of the light fixture by more than
3 feet. Equipment place above the light fixture and shall be a decorative element
that is a different shape/diameter than the pole itself.
c. Use brackets that allow all portions of the antennas and equipment to be mounted
no more than 6” from the pole (measured from the face of the pole to the outer
face of the antennas). Antennas shall be parallel to the pole.
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d. No equipment, including solar panels, batteries, disconnects, etc shall extend
more than 2 feet from the pole.
e. Exposed wires/cables shall be prohibited. Antennas (and associated cabling)
should be enclosed in antenna shrouds unless to add them would be aesthetically
inferior. Shrouds should have tapered bottom caps, and should also have non-
tapered top caps.
f. Shrouds shall be painted to match the color of the surface of the pole on which
they are attached.
g. All new or replacement poles must comply with all applicable City regulations
and policies. All above-ground or pole-mounted equipment in the rights-of-way
must not be finished with reflective materials as approved by the Approval
Authority.
h. Equipment not located on the pole should be located in an underground vault if
feasible. Any ground mounted equipment should be designed and located in an
area with minimal visual impact.
i. Any ground-mounted equipment shall be installed in a location so that it does not
obstruct pedestrian or vehicular traffic.
j. Any disturbed landscaping shall be replaced in accordance with the Landscape
Regulations.
4.1.c
Packet Pg. 184 Attachment: Resolution 3746 (Wireless Facilities within the Right of Way)
January 22, 2019
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Sidewalk Vendors - SB 946
RECOMMENDATION:
That the City Council:
1. Adopt Ordinance 19-03, “An Urgency Ordinance of the City Council of the City of San
Jacinto to amend the City of San Jacinto Municipal Code; Title 5 - Business Licenses and
Regulations, to add Chapter 5.54, ‘Sidewalk Vending’” to be effective immediately upon
adoption.
2. Introduce Ordinance 19-04, “An Ordinance of the City Council of the City of San Jacinto
to amend the City of San Jacinto Municipal Code; Title 5 - Business Licenses and
Regulations, to add Chapter 5.54, ‘Sidewalk Vending’.”
3. Adopt Resolution 3747 “A Resolution of the City Council of the City of San Jacinto,
establishing Regulations for Sidewalk Vending.”
DISCUSSION:
Senate Bill 946 limits cities’ ability to restrict or regulate sidewalk vending. The new law took
effect on January 1, 2019, and prohibits all criminal penalties for sidewalk vending violations
and allows anyone previously prosecuted for a sidewalk vending violation the opportunity to
have a conviction, fine and/or sentence dismissed.
The legislation includes the following elements:
• Prohibits all current sidewalk vending regulations unless they are consistent with SB 946,
and prohibits cities from imposing sidewalk vending regulations “within specific parts of
the public right of way,” or within certain neighborhoods or areas.
• Prohibits cities from limiting the total number of vendors, unless doing so is directly
related to “objective health, safety or welfare concerns.”
• Authorizes cities to adopt time, place and manner restrictions for sidewalk vending,
provided those restrictions are directly related to “objective health, safety or welfare
concerns.” To the extent limitations on hours are needed, they cannot be unduly
restrictive.
4.2
Packet Pg. 185
• Continues to allow cities to require compliance with sanitary standards, Americans with
Disabilities Act requirements and that food preparation be consistent with Health and
Safety Code sections 113700 et seq.
• Cities can still require that vendors obtain a permit for sidewalk vending or a business
license and require them to possess a seller’s permit from the California Department of
Tax and Fee Administration.
• Allows cities to prohibit from areas zoned exclusively residential “stationary sidewalk
vendors” — vendors who remain at a fixed location, but cities cannot prohibit “roaming
sidewalk vendors” — vendors who move from place-to-place and only stop to complete a
transaction.
• Allows cities to prohibit vending within the vicinity of a farmers’ market or swap meet or
areas designated for use pursuant to a temporary special permit.
• Allows cities to impose sidewalk vending regulations for public parks, provided they are
necessary to ensure the use and enjoyment of the park and necessary to “prevent an
undue concentration of commercial activity that unreasonably interferes with the scenic
and natural character of [a] park.”
The City of San Jacinto currently does not have regulations specific to sidewalk vending. To
address this issue in light of SB 946, staff has prepared a two-prong approach. First, the proposed
Ordinances establish a permit required for all sidewalk vendors. Permits will be issued over-the-
counter by the Community Development Department, provided that vendors supply the
necessary information to issue the permit. Second, the proposed Resolution contains rules and
regulations that will govern sidewalk vending operations. Vendors who do not comply with the
rules and regulations will be subject to suspension or revocation of the permits, as well as other
fines. Because the rules and regulations are in a resolution, the City Council may review and
reconsider the scope of the rules from time-to-time.
SB 946 limits the City’s ability to regulate sidewalk vending, but the rules and regulations do
contain key provisions for protecting public health safety and welfare, including:
Prohibiting stationary vending in residential areas.
Prohibiting vending at night or after a park has closed.
Prohibiting vending in parks where the City or another agency (such as Valley Wide) as
granted an exclusive vending contract.
Prohibiting interference with accessible paths of travel and emergency areas.
Prohibiting vending near or in special events.
4.2
Packet Pg. 186
Because SB 946 is in effect and the ordinance establishes regulations that are necessary for
preservation of the public peace, health and safety, staff is presenting this item as an urgency
measure, to take immediate effect. Staff has also prepared a standard ordinance which will
become effective 30 days after its second reading and adoption.
ENVIRONMENTAL REVIEW:
The Ordinance and Resolution are not a “project” within the meaning of Section 15378 of the
State CEQA Guidelines, because they have no potential for resulting in direct or indirect
physical change in the environment. Further, even if they were interpreted to permit a “project,”
the issuance of the license would likely be statutoril y exempt from CEQA review in accordance
with State CEQA Guidelines section 15268 (ministerial projects) and categorically exempt from
CEQA review in accordance with State CEQA Guidelines section 15321 (enforcement actions
by regulatory agencies) as SB 946 mandated that cities adopt regulations consistent with state
law.
FISCAL IMPACT:
There will be costs to process permit applications, which will be offset by a permit processing
fee. Vendors will be required to obtain business licenses, which could result in small but positive
fiscal impacts.
ATTACHMENTS:
Urgency Ordinance 19-03
Ordinance 19-04
Resolution 3747
4.2
Packet Pg. 187
Page 1 of 9
24438.00000\31751300.1
STATE OF CALIFORNIA ) ORDINANCE NO. 19-03
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JACINTO TO AMEND THE CITY OF
SAN JACINTO MUNICIPAL CODE; TITLE 5 – BUSINESS
LICENSES AND REGULATIONS, TO ADD CHAPTER 5.54,
“SIDEWALK VENDING”.
WHEREAS, the City San Jacinto, California (“City”) is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with the general
laws of the State; and
WHEREAS, in 2018, the California Legislature passed Senate Bill 946 (“SB 946”) which
prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB
946; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly related
to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except as specified; and
WHEREAS, the permit requirements proposed are consistent with SB 946, as they are
reasonable, related to objective health, safety, and welfare concerns, and are based upon
compliance with other generally applicable laws including the Americans with Disabilities Act;
and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public, including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
and consumer protection; and
WHEREAS, the City Council finds that, based on the foregoing and as a result of SB 946,
unregulated, sidewalk vending poses an immediate risk to the health, safety, and welfare of the
public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary
conditions involving food preparation, and consumer protection, and this ordinance is therefore
necessary for the immediate preservation of the public peace, health, and safety.
4.2.a
Packet Pg. 188 Attachment: Urgency Ordinance 19-03 (Sidewalk Vendors - SB 946)
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 5.54 of the San Jacinto Municipal Code is hereby added to read as
follows:
“Chapter 5.54
SIDEWALK VENDING.
Sections
5.54.010 Purpose and Intent
5.54.020 Definitions
5.54.030 Permit Required
5.54.040 Review of Permit Application; Decision
5.54.050 Rules and Regulations
5.54.060 Suspension and Revocation
5.54.070 Appeal Process
5.54.080 Compliance with all Applicable State Laws
5.54.090 Penalties
5.54.010 Purpose and Intent
The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-
permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special
dangers to the public health, safety, and welfare of residents and visitors. The purpose of this
Chapter is to implement a permit requirement for both roaming and stationary sidewalk vending
that protect the public health, safety, and welfare of the community while complying with the
requirements of general state law, as amended from time to time, to promote safe vending
practices, prevent safety, traffic, and health hazards, and to preserve the public peace, safety, and
welfare of the community.
5.54.020 Definitions.
For purposes of this Chapter, the following definitions apply:
A. “Certified Famers’ Market” means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and
any regulations adopted pursuant to that chapter.
4.2.a
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B. “Sidewalk vendor or vending” means a person who sells food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized
conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. A
“roaming” sidewalk vendor means a sidewalk vendor who moves from place to place and
stops only to complete a transaction. A “stationary” sidewalk vendor is any sidewalk
vendor that does not meet the definition of “roaming.”
C. “Swap Meet” means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that article.
5.54.030 Permit Required
A. All sidewalk vendors shall obtain a sidewalk vending permit prior to engaging in any
sidewalk vending activities.
B. The sidewalk vending permit does not create any real property rights and does grant or
convey any easement, lease, fee or other interest in the public right-of-way. Sidewalk
vendors shall not have any right to exclude others from the public right -of-way or other
public space or to interfere with any use or activity of the city or the public within the
public right-of-way or other public space.
C. The sidewalk vending permit shall not be construed to violate or allow the interference
with any rights under the Americans with Disabilities Act or similar state or local
regulations. Sidewalk vendors shall not block, restrict, or create a barrier to accessible use
of the sidewalk or right-of-way or any accessible features serving the sidewalk or right-of-
way. Sidewalk vendors shall at all times maintain at least 48” of clear space on any
accessible route or sidewalk, or such other amount of clear space as is required by the
Americans with Disabilities Act, the California Building Code, or other law governing
access.
D. At the time the application or renewal application is filed, the applicant shall pay a permit
processing fee established by resolution of the City Council.
E. Sidewalk vendors shall comply with all federal, state and local laws, including, but not
limited, to any court or sentencing orders or restrictions.
F. Sidewalk vendors which engage in the sale of food items shall obtain all necessary permits,
approvals and inspections from the County of Riverside Environmental Health or other
agencies as deemed necessary.
G. Sidewalk vendors may only sell goods and food that are otherwise permitted in the city.
Any item that is prohibited or conditionally permitted (i.e. alcohol) in any commercial or
industrial zone shall also be prohibited from a Sidewalk vendor.
5.54.040 Review of Permit Application; Decision
4.2.a
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A. The Community Development Director may deny an application for a permit if he or she
makes any of the following findings:
1. The applicant has failed to pay the application permit fee or has any unpaid
administrative fines, or other unpaid costs due to the City, related to violations of
this chapter.
2. The applicant has made one or more material misstatements in the application.
3. The applicant fails to provide required information on the application form.
4. The applicant’s vending operation, as described in the application, is inconsistent
with the standards, conditions, and requirements of this chapter or would otherwise
be in violation of the San Jacinto Municipal Code, San Jacinto Development Code
or other regulation established by the city.
5. It is determined that the applicant does not possess all federal, state, and local
permits and licenses necessary to engage in the activity in which he or she seeks to
engage.
6. Proposed merchandise to be sold requires a conditional use permit or other City or
State permit (excluding a County Health Permit for food services)
7. Proposed merchandise to be sold is prohibited in any commercial or industrial zone.
8. The applicant’s sidewalk vending permit has previously been revoked and the
applicant is ineligible to apply for another permit.
9. The applicant does not meet the definition of a sidewalk vendor (i.e. utilizes a
motorized vehicle or conveyance).
B. If the application is denied, the reasons for disapproval shall be noted on the application,
and the applicant shall be notified that his or her application is denied and that no permit
will be issued. Notice shall be mailed to the applicant at the address shown on the
application form.
C. If the Community Development Director approves the applicant’s permit, he or she shall
endorse his or her approval on the application and shall deliver the permit to the applicant.
D. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the
general public.
4.2.a
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3. Events permitted pursuant to a lawfully issued temporary or special event permit
including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs,
outdoor concerts, sport league opening day, and business sidewalk sales.
E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall
automatically expire one (1) year from the date issued, unless an earlier expiration date is
noted on the permit. The Community Development Department shall establish procedure
for renewal of the permit.
F. Transferability. A sidewalk vending permit shall not be transferable to any other entity or
person and is valid only as to the original applicant for the term stated.
5.54.050 Rules and Regulations
The city council may, by resolution, adopt rules regulations governing sidewalk vending, which
the city council may modify from time to time. Sidewalk vendors shall comply with all rules and
regulations in effect at the time of their vending activities.
5.54.060 Suspension and Revocation
A. The Community Development Director may revoke a sidewalk vendor permit for any
repeated violation of this chapter, or for any serious violation, including but not limited
to:
8. Fraud or misrepresentation in the course of vending;
9. Fraud or misrepresentation in the application for the permit;
10. Vending in a manner that creates a public nuisance or constitutes a danger to the
public;
4. Operating without a valid business license;
5. Engaging in any activity that constitutes an infraction, misdemeanor, or felony in
the course of sidewalk vending.
B. The Community Development Director may suspend a sidewalk vendor permit for any
violation of this chapter or for any reason that is grounds for revocation.
C. Notice of the suspension or revocation of a sidewalk vendor permit shall either be mailed,
postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address
or be personally delivered, which shall be effective upon delivery. It shall be the
responsibility of the permittee to provide the Community Development Department with
the permittee’s current mailing address.
D. No person whose sidewalk vending permit has been revoked pursuant to this chapter shall
be issued a sidewalk vending permit for a period of two (2) years from the date revocation
becomes final.
4.2.a
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5.54.070 Appeal Process
In the event that any applicant or permittee desires to appeal from any order denying, suspending
or revoking a sidewalk vendor permit, the applicant or permittee shall have the right to appeal such
action or decision in accordance with the procedures contained at San Jacinto Municipal Code
section 1.28.070.
5.54.080 Compliance with all Applicable State Laws
It is the intent of this chapter to regulate sidewalk street vendors in compliance with all provisions
of the Safe Sidewalk Vending Act. It is also the intent of this provision for sidewalk vendors to
comply with all applicable state and local laws.
5.54.090 Penalties
E. It is unlawful for any person to violate any provision or fail to comply with any
requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one (1)
year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation within one
(1) year of the first violation.
F. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set
forth in subsection (A) set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first
violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second
violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each
additional violation within one (1) year of the first violation.
G. If an individual is subject to subsection (B) set forth above, for vending without a sidewalk
vending permit, upon the individual providing proof of a valid permit issued by the City,
the administrative fines set forth in this Chapter shall be reduced to the administrative fines
set forth in subsection (A), respectively.
H. The proceeds of any administrative fines assessed pursuant to this Chapter shall be
deposited in the treasury of the City.
4.2.a
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I. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and
any person alleged to have violated any provisions of this Chapter shall not be subject to
arrest except when otherwise permitted under law.
J. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take
into consideration the person’s ability to pay the fine. The City shall provide the person
with notice of his or her right to request an ability-to-pay determination and shall make
available instructions or other materials for requesting an ability-to-pay determination. The
person may request an ability-to-pay determination at adjudication or while the judgment
remains unpaid, including when a case is delinquent or has been referred to a
comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Government
Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent
of the administrative fine imposed pursuant to this Chapter.
2. The City may allow the person to complete community service in lieu of paying the
total administrative fine, may waive the administrative fine, or may offer an
alternative disposition.
K. A person who is currently serving, or who completed, a sentence, or who is subject to a
fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial
or by open or negotiated plea, who would not have been guilty of that offense under SB
946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the
sentence, fine, or conviction before the trial court that entered the judgment of conviction
in his or her case.
SECTION 3. CEQA. The City Council has determined the proposed ordinance is not a “project”
as defined by the California Environmental Quality Act (CEQA) Guidelines
Section 15378.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this ordinance are
severable. The city council hereby declares that it would have adopted this
ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. Certification. The City Clerk of the City of San Jacinto shall certify to the adoption
of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective immediately on its adoption.
It shall remain in effect unless and until replaced by another ordinance.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause
it, or a summary of it, to be published once within 15 days of adoption in a
newspaper of general circulation printed and published within the City of San
Jacinto, and shall post a certified copy of this Ordinance, including the vote for and
4.2.a
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against the same, in the Office of the City Clerk in accordance with Government
Code § 36933.
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
the 22nd Day of January, 2019.
City of San Jacinto
________________________
Russ Utz, Mayor
ATTEST:
____________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
Michael J. Maurer, City Attorney
4.2.a
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
CERTIFICATION
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Ordinance No. 19-03 was duly passed and adopted at a regular meeting of the
City on the 22nd day of January, 2019 by the following vote:
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICIAL SEAL this 22nd day of January, 2019.
City of San Jacinto
_________________________
Angela Walton, City Clerk
4.2.a
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STATE OF CALIFORNIA ) ORDINANCE NO. 19-04
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, ADDING CHAPTER 5.54
OF TITLE 5 TO THE SAN JACINTO MUNICIPAL CODE,
REQUIRING A PERMIT FOR SIDEWALK VENDING
WHEREAS, the City San Jacinto, California (“City”) is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with the general
laws of the State; and
WHEREAS, in 2018, the California Legislature passed Senate Bill 946 (“SB 946”) which
prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB
946; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly related
to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except as specified; and
WHEREAS, the permit requirements proposed are consistent with SB 946, as they are
reasonable, related to objective health, safety, and welfare concerns, and are based upon
compliance with other generally applicable laws including the Americans with Disabilities Act;
and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public, including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
and consumer protection.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 5.54 of the San Jacinto Municipal Code is hereby added to read as
follows:
4.2.b
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“Chapter 5.54
SIDEWALK VENDING.
Sections
5.54.010 Purpose and Intent
5.54.020 Definitions
5.54.030 Permit Required
5.54.040 Review of Permit Application; Decision
5.54.050 Rules and Regulations
5.54.060 Suspension and Revocation
5.54.070 Appeal Process
5.54.080 Compliance with all Applicable State Laws
5.54.090 Penalties
5.54.010 Purpose and Intent
The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-
permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special
dangers to the public health, safety, and welfare of residents and visitors. The purpose of this
Chapter is to implement a permit requirement for both roaming and stationary sidewalk vending
that protect the public health, safety, and welfare of the community while complying with the
requirements of general state law, as amended from time to time, to promote safe vending
practices, prevent safety, traffic, and health hazards, and to preserve the public peace, safety, and
welfare of the community.
5.54.020 Definitions.
For purposes of this Chapter, the following definitions apply:
A. “Certified Famers’ Market” means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and
any regulations adopted pursuant to that chapter.
B. “Sidewalk vendor or vending” means a person who sells food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized
conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. A
“roaming” sidewalk vendor means a sidewalk vendor who moves from place to place and
stops only to complete a transaction. A “stationary” sidewalk vendor is any sidewalk
vendor that does not meet the definition of “roaming.”
C. “Swap Meet” means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that article.
4.2.b
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5.54.030 Permit Required
A. All sidewalk vendors shall obtain a sidewalk vending permit prior to engaging in any
sidewalk vending activities.
B. The sidewalk vending permit does not create any real property rights and does grant or
convey any easement, lease, fee or other interest in the public right-of-way. Sidewalk
vendors shall not have any right to exclude others from the public right -of-way or other
public space or to interfere with any use or activity of the city or the public within the
public right-of-way or other public space.
C. The sidewalk vending permit shall not be construed to violate or allow the interference
with any rights under the Americans with Disabilities Act or similar state or local
regulations. Sidewalk vendors shall not block, restrict, or create a barrier to accessible use
of the sidewalk or right-of-way or any accessible features serving the sidewalk or right-of-
way. Sidewalk vendors shall at all times maintain at least 48” of clear space on any
accessible route or sidewalk, or such other amount of clear space as is required by the
Americans with Disabilities Act, the California Building Code, or other law governing
access.
D. At the time the application or renewal application is filed, the applicant shall pay a permit
processing fee established by resolution of the City Council.
E. Sidewalk vendors shall comply with all federal, state and local laws, including, but not
limited, to any court or sentencing orders or restrictions.
F. Sidewalk vendors which engage in the sale of food items shall obtain all necessary permits,
approvals and inspections from the County of Riverside Environmental Health or other
agencies as deemed necessary.
G. Sidewalk vendors may only sell goods and food that are otherwise permitted in the city.
Any item that is prohibited or conditionally permitted (i.e. alcohol) in any commercial or
industrial zone shall also be prohibited from a Sidewalk vendor.
5.54.040 Review of Permit Application; Decision
A. The Community Development Director may deny an application for a permit if he or she
makes any of the following findings:
1. The applicant has failed to pay the application permit fee or has any unpaid
administrative fines, or other unpaid costs due to the City, related to violations of
this chapter.
2. The applicant has made one or more material misstatements in the application.
3. The applicant fails to provide required information on the application form.
4.2.b
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4. The applicant’s vending operation, as described in the application, is inconsistent
with the standards, conditions, and requirements of this chapter or would otherwise
be in violation of the San Jacinto Municipal Code, San Jacinto Development Code
or other regulation established by the city.
5. It is determined that the applicant does not possess all federal, state, and local
permits and licenses necessary to engage in the activity in which he or she seeks to
engage.
6. Proposed merchandise to be sold requires a conditional use permit or other City or
State permit (excluding a County Health Permit for food services)
7. Proposed merchandise to be sold is prohibited in any commercial or industrial zone.
8. The applicant’s sidewalk vending permit has previously been revoked and the
applicant is ineligible to apply for another permit.
9. The applicant does not meet the definition of a sidewalk vendor (i.e. utilizes a
motorized vehicle or conveyance).
B. If the application is denied, the reasons for disapproval shall be noted on the application,
and the applicant shall be notified that his or her application is denied and that no permit
will be issued. Notice shall be mailed to the applicant at the address shown on the
application form.
C. If the Community Development Director approves the applicant’s permit, he or she shall
endorse his or her approval on the application and shall deliver the permit to the applicant.
D. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the
general public.
3. Events permitted pursuant to a lawfully issued temporary or special event permit
including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs,
outdoor concerts, sport league opening day, and business sidewalk sales.
E. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall
automatically expire one (1) year from the date issued, unless an earlier expiration date is
noted on the permit. The Community Development Department shall establish procedure
for renewal of the permit.
F. Transferability. A sidewalk vending permit shall not be transferable to any other entity or
person and is valid only as to the original applicant for the term stated.
5.54.050 Rules and Regulations
4.2.b
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The city council may, by resolution, adopt rules regulations governing sidewalk vending, which
the city council may modify from time to time. Sidewalk vendors shall comply with all rules and
regulations in effect at the time of their vending activities.
5.54.060 Suspension and Revocation
A. The Community Development Director may revoke a sidewalk vendor permit for any
repeated violation of this chapter, or for any serious violation, including but not limited
to:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Vending in a manner that creates a public nuisance or constitutes a danger to the
public;
4. Operating without a valid business license;
5. Engaging in any activity that constitutes an infraction, misdemeanor, or felony in
the course of sidewalk vending.
B. The Community Development Director may suspend a sidewalk vendor permit for any
violation of this chapter or for any reason that is grounds for revocation.
C. Notice of the suspension or revocation of a sidewalk vendor permit shall either be mailed,
postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address
or be personally delivered, which shall be effective upon delivery. It shall be the
responsibility of the permittee to provide the Community Development Department with
the permittee’s current mailing address.
D. No person whose sidewalk vending permit has been revoked pursuant to this chapter shall
be issued a sidewalk vending permit for a period of two (2) years from the date revocation
becomes final.
5.54.070 Appeal Process
In the event that any applicant or permittee desires to appeal from any order denying, suspending
or revoking a sidewalk vendor permit, the applicant or permittee shall have the right to appeal such
action or decision in accordance with the procedures contained at San Jacinto Municipal Code
section 1.28.070.
5.54.080 Compliance with all Applicable State Laws
It is the intent of this chapter to regulate sidewalk street vendors in compliance with all provisions
of the Safe Sidewalk Vending Act. It is also the intent of this provision for sidewalk vendors to
comply with all applicable state and local laws.
4.2.b
Packet Pg. 201 Attachment: Ordinance 19-04 (Sidewalk Vendors - SB 946)
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5.54.090 Penalties
A. It is unlawful for any person to violate any provision or fail to comply with any
requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one (1)
year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation within one
(1) year of the first violation.
B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set
forth in subsection (A) set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first
violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second
violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each
additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B) set forth above, for vending without a sidewalk
vending permit, upon the individual providing proof of a valid permit issued by the City,
the administrative fines set forth in this Chapter shall be reduced to the administrative fines
set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be
deposited in the treasury of the City.
E. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and
any person alleged to have violated any provisions of this Chapter shall not be subject to
arrest except when otherwise permitted under law.
F. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take
into consideration the person’s ability to pay the fine. The City shall provide the person
with notice of his or her right to request an ability-to-pay determination and shall make
available instructions or other materials for requesting an ability-to-pay determination. The
person may request an ability-to-pay determination at adjudication or while the judgment
remains unpaid, including when a case is delinquent or has been referred to a
comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Government
Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent
of the administrative fine imposed pursuant to this Chapter.
4.2.b
Packet Pg. 202 Attachment: Ordinance 19-04 (Sidewalk Vendors - SB 946)
Page 7 of 9
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2. The City may allow the person to complete community service in lieu of paying the
total administrative fine, may waive the administrative fine, or may offer an
alternative disposition.
G. A person who is currently serving, or who completed, a sentence, or who is subject to a
fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial
or by open or negotiated plea, who would not have been guilty of that offense under SB
946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the
sentence, fine, or conviction before the trial court that entered the judgment of conviction
in his or her case.
SECTION 3. CEQA. The City Council has determined the proposed ordinance is not a “project”
as defined by the California Environmental Quality Act (CEQA) Guidelines
Section 15378.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this ordinance are
severable. The city council hereby declares that it would have adopted this
ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. Certification. The City Clerk of the City of San Jacinto shall certify to the adoption
of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective on the 31st day following its
adoption. This Ordinance shall replace and supersede Urgency Ordinance number
19-03.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause
it, or a summary of it, to be published once within 15 days of adoption in a
newspaper of general circulation printed and published within the City of San
Jacinto, and shall post a certified copy of this Ordinance, including the vote for and
against the same, in the Office of the City Clerk in accordance with Government
Code § 36933.
4.2.b
Packet Pg. 203 Attachment: Ordinance 19-04 (Sidewalk Vendors - SB 946)
Page 8 of 9
24438.A0000\31732456.2
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
the 5th Day of February 2019.
City of San Jacinto
________________________
Russ Utz, Mayor
ATTEST:
____________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
Michael J. Maurer, City Attorney
4.2.b
Packet Pg. 204 Attachment: Ordinance 19-04 (Sidewalk Vendors - SB 946)
Page 9 of 9
24438.A0000\31732456.2
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
CERTIFICATION
I, Angela Walton, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Ordinance No. 19-04 was duly passed and adopted at a regular meeting of the
City on the 5th day of February, 2019 by the following vote:
Ayes:
Nays:
Absent:
Abstain:
WITNESS MY HAND AND OFFICIAL SEAL this 5th day of February, 2019.
City of San Jacinto
_________________________
Angela Walton, City Clerk
4.2.b
Packet Pg. 205 Attachment: Ordinance 19-04 (Sidewalk Vendors - SB 946)
Page 1 of 5
24438.00000\31750710.1
STATE OF CALIFORNIA ) RESOLUTION NO. 3747
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, ESTABLISHING
REGULATIONS FOR SIDEWALK VENDING
WHEREAS, the City San Jacinto, California (“City”) is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with the general
laws of the State; and
WHEREAS, in 2018, the California Legislature passed Senate Bill 946 (“SB 946”) which
prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB
946; and
WHEREAS, SB 946 authorizes the City Council, by resolution, to implement regulations
that are directly related to objective health, safety, or welfare concerns, and that do not restrict
sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and
WHEREAS, proposed rules and regulations are consistent with SB 946, as they are
reasonable, related to objective health, safety, and welfare concerns, and are based upon
compliance with other generally applicable laws including the Americans with Disabilities Act;
and
WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum
path of accessible travel are necessary to comply with the Americans with Disabilities Act and
maintain minimum safe access along public sidewalks; and
WHEREAS, standards for maintaining access to building entrances, and not blocking
driveways, fire hydrants, park features, parking areas and building storefront windows are
necessary to guard the health and safety of patrons, drivers, vendors and existing business owners
and promote fire suppression and law enforcement practices that allow the City’s safety personnel
to observe activities within buildings and maintain access and ensure that features of public parks
are used for their intended purposes; and
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending
poses a unique risk to the health, safety, and welfare of the public , including, but not limited to,
impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation,
and consumer protection; and
WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas
located within the immediate vicinity of a permitted certified farmers ’ market and a permitted
swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity
4.2.c
Packet Pg. 206 Attachment: Resolution 3747 (Sidewalk Vendors - SB 946)
Page 2 of 5
24438.00000\31750710.1
of an area designated for a temporary special permit issued by a city; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to
the public constitutes an objective harm to the health, safety, and welfare of the City’s residents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Purpose. In accordance with Ordinance No. ____, the purpose of this Resolution
is to implement regulations on both roaming and stationary sidewalk vending that
protect the public health, safety, and welfare of the community while complying
with the requirements of general state law, as amended from time to time, to
promote safe vending practices, prevent safety, traffic, and health hazards, and to
preserve the public peace, safety, and welfare of the community.
SECTION 3. Regulations. Permitted sidewalk vendors shall comply with the rules and
regulations attached to this resolution.
SECTION 3. CEQA. The City Council has determined this resolution is not a “project” as
defined by the California Environmental Quality Act (CEQA) Guidelines Section
15378.
SECTION 4. Severability. If any provision of this resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this resolution are
severable. The City Council hereby declares that it would have adopt ed this
resolution irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date. This resolution shall become effective on its adoption.
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
4.2.c
Packet Pg. 207 Attachment: Resolution 3747 (Sidewalk Vendors - SB 946)
Page 3 of 5
24438.00000\31750710.1
the 22nd Day of January, 2019.
City of San Jacinto
________________________
Russ Utz, Mayor
ATTEST:
____________________________
Angela Walton, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
Michael J. Maurer, City Attorney
4.2.c
Packet Pg. 208 Attachment: Resolution 3747 (Sidewalk Vendors - SB 946)
Page 4 of 5
24438.00000\31750710.1
CITY OF SAN JACINTO
RULES AND REGULATIONS FOR SIDEWALK VENDING
1. Stationary sidewalk vendors shall not operate in any residential zone of the City. Stationary
sidewalk vendors may operate in non-residential zones of the City, including mixed use
zones.
2. Sidewalk vendors shall only operate in accordance with a City-issued permit and shall meet
all requirements of section 5.54.030 of the San Jacinto Municipal Code.
3. Sidewalk vendors shall not cause there to be less than forty-eight inches (48”) of accessible
path of travel, without obstruction, on any public sidewalk or public pathway, or on any
path of travel in a park.
3. Sidewalk vendors selling food shall display a valid Environmental Health Permit issued by
the County of Riverside in a conspicuous location on their vending cart.
4. Sidewalk vendors selling food, and all of their employees, shall possess a current food
handlers card, issued by the County of Riverside.
5. Sidewalk vending in non-residential zones shall only be conducted during daylight hours
(between dawn and dusk). Hours may be increased to be consistent with neighboring
businesses, located on the same street, if the sidewalk vendor is located adjacent to a
commercial zone and there is adequate street lights service at the location. Roaming
sidewalk vending in residential zones shall only be conducted between the hours of
8:00AM and 5:00PM of every day.
6. Sidewalk vendors shall maintain their vending area in a clean, orderly, and sanitary
condition.
7. Sidewalk vendors shall not block entrances to private buildings, private driveways, parking
spaces, building windows, and shall not block any park features.
8. No vending shall occur within thirty (30) feet of a fire hydrant, fire escape, bus stop,
loading zone, handicapped parking space or access ramp, fire station driveway, police
station driveway, or playground equipment.
9. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs
shall be permitted in conjunction with sidewalk vending activities.
10. Sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines during
vending operations.
11. No vending shall occur within, or within the immediate vicinity of, a Certified Farmers’
Market, a Swap Meet, or an event held pursuant to a Special Event Permit.
4.2.c
Packet Pg. 209 Attachment: Resolution 3747 (Sidewalk Vendors - SB 946)
Page 5 of 5
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12. Sidewalk vendors shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into
the city streets, parks, storm drains, catch basins, or sewer facilities. All discharges shall
be contained and properly disposed of by the vendor.
13. Sidewalk vending of food or merchandise by roaming or stationary vendors shall be
prohibited in any park with a concession stand operated by a vendor under exclusive
contract with the city or other government agency selling similar food or merchandise.
14. Notwithstanding any other time restrictions, sidewalk vendors shall cease operations in any
park prior to the close of the park and shall not operate in any park that is not open during
that time.
15. Sidewalk venders shall not cause any public nuisance or any condition that is detrimental
to the health, safety or welfare of the community.
16. The following definitions shall apply to these rules and regulations:
“Sidewalk vendor or vending” means a person who sells food or merchandise from a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized
conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. A
“roaming” sidewalk vendor means a sidewalk vendor who moves from place to place and
stops only to complete a transaction. A “stationary” sidewalk vendor is any sidewalk
vendor that does not meet the definition of “roaming.”
“Certified Famers’ Market” means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and
any regulations adopted pursuant to that chapter.
“Swap Meet” means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that article.
“Special Event Permit” means any use as permitted under Chapter 5.58.040 of the San
Jacinto Municipal Code.
4.2.c
Packet Pg. 210 Attachment: Resolution 3747 (Sidewalk Vendors - SB 946)
January 22, 2019
TO: City Council
REQUESTED BY: John Salisbury, Police Chief
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Acquisition of San Jacinto Police K9
RECOMMENDATION:
Staff recommends the City Council amend the previously approved purchase of a police service
K9 from the vendor Adlerhorst International.
DISCUSSION:
During the regularly scheduled City Council meeting of December 18, 2018, the City Council
approved a requested expenditure of $6,250.00 for the acquisition and training of a police service
K9 from Adlerhorst International.
Prior to payment, the K9 handler and representatives from Adlerhorst International determined
the previously selected dog, K9 Marco, was not well-suited for service in San Jacinto.
Therefore, the handler, and Adlerhorst International recommend the selection of another police
service K9.
New police service K9’s typically cost $12,000. Adlerhorst International has agreed to offset this
cost by $2,000. When selected, the new police service K9 will come at an increased cost of
$10,000, requiring the additional expenditure of $5,000 from the police contract services budget.
This additional cost is based on the proposed age and capabilities of the police service K9.
As before, the initial acquisition and training will be significantly reduced by a single large
donor. Sean Motlagh from Tri-Lake Consultants has pledged $5,000 towards the purchase of a
police service K9.
FISCAL IMPACT:
As discussed above, the additional costs of acquisition and training can be covered by currently
budgeted amounts. A transfer of an additional $5,000 from Contract Services to K9 Expenditures
is recommended.
5.1
Packet Pg. 211
January 22, 2019
TO: City Council
REQUESTED BY: Arthur Mullen, Water Utilities Superintendent
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Artesia Well Rehabilitation
RECOMMENDATION:
Staff recommends that the City Council approve the rehabilitation of the Artesia Well for an
estimated cost of $150,000 dollars.
DISCUSSION:
The General Manager of the Department of Water, Power and Public Works, along with the
Superintendent, has been inspecting the water production facilities over the past six months to
determine the best course of preventative maintenance on the City’s facilities. The City must
take great care to prolong the life of its major assets, and determine best practices moving
forward. Prior to this past year, the Department has not undertaken this course of action in
several years.
The Artesia Well’s last major maintenance occurred in October 2012. Industry standard for well
maintenance is every 5 years. The anticipated, yet unbudgeted maintenance for the Artesia Well
has been deferred for the past 14 months. This has been due to staff transition and allowing time
for inspection by the new Superintendent. The Well is beginning to show signs of deterioration.
The production rate has reduced from 1500 gallons per minute (gpm) to 1350 gpm. An increase
in the shaft vibration has been identified, which indicates worn shaft bearings. Staff recommends
that the Artesia Well be pulled, inspected, and maintained to ensure efficient reliable water
production from the Artesia Well.
The scope of work objectives for the rehabilitation of the Artesia Well include:
• Removal of Well motor and pump equipment
• Initial video inspection of well and casing
• Tear down and inspection of pump equipment
• Reconditioning and replacement of worn and damaged pump equipment
• General cleaning of well casing via mechanical brushing and bailing
• Conduct video inspection of well and casing
• Inspection and maintenance of well motor
• Reinstallation of pump equipment/motor and start up
• Estimated total cost for Artesia Well rehabilitation $150,000
Intent of this rehabilitation:
• To determine cause of vibration, repair or replace all worn or damaged pump equipment
and preform preventative maintenance on well motor.
• Determine condition of well casing and perform routine cleaning of well casing
• To ensure efficient reliable use of Artesia Well to meet current and future water demands
5.2
Packet Pg. 212
for San Jacinto residents and businesses.
• Estimated schedule for rehabilitation February to April 2019
Now that the Lake Park Well is operational and able to handle the bulk of the production during
the winter months, staff has determined this to be the optimal time to perform maintenance on
the Artesia Well.
FISCAL IMPACT:
The estimated cost to rehabilitate the Artesia Well is $150,000, and is identified as follows:
- Removal & inspection of pump equipment and video inspection of the well casing -
$30,000
- Inspection and maintenance of well motor - $10,000
- Replacement of worn or damaged pump equipment- $60,000
- Routine Cleaning of well casing and final video inspection - $30,000
- Reinstallation and startup of well- $20,000
The Water Enterprise Fund has reserve funds available to complete the work, but will require a
budget adjustment to #050-9000-450-3330 (R&M-Equipment) of $150,000.
5.2
Packet Pg. 213
January 22, 2019
TO: City Council
REQUESTED BY: Andy Ramirez, Public Works Superintendent
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Award Landscape and Irrigation Maintenance Agreements
RECOMMENDATION:
Staff recommends that the City Council award Landscape and Irrigation Maintenance
Agreements to Executive Image and Inland Empire Landscaping for a term of three years with
the option to automatically renew annually at the City’s sole discretion with no more than five
additional one year terms. Furthermore, staff recommends that the City Council authorize the
City Manager to execute agreements subject to review by the City Attorney as to form, with both
Executive Image and Inland Empire Landscaping.
BACKGROUND:
The City reviews its service agreements periodically to ensure inclusion of new state
requirements and to provide optimal services to the San Jacinto community. It has been several
years since the City has released a Request for Proposals (RFP) for Landscape and Irrigation
Maintenance Services. The current contracts with the City’s three landscape companies have
expired and the City has been operating on a year-to-year basis with each company.
The RFP provides the City with a method, and the ability, to review the 150 acres under its
authority, analyze the scope and need for each area, and determine the best and most practical
maintenance program, and associated annual cost. In the fall of 2018, the City advertised a
request for proposals (RFP) for Landscape and Irrigation Maintenance on the City website and
via PlanetBids.com. The RFP included landscape and maintenance services to approximately
150 acres of parks, parkways, and associated street islands in the City.
A mandatory informational meeting was conducted with eleven (11) landscape companies to
review the scope of work and the associated coverage maps. Six (6) companies submitted bids
in response to the RFP including Elite Customs, R.A.R., Easy Sunny Day, Brightview, Executive
Image, and Inland Empire Landscaping. A Public Works committee, consisting of four staff
members, reviewed the six proposals. The committee considered each company proposal based
on staffing levels, experience, technical abilities with Cal-Sense irrigation control systems,
equipment availability, and capability of fulfilling the City’s landscape maintenance
requirements City-wide. The four (4) most qualified companies were invited to a panel interview
to discuss each’s bid.
Currently, the City is divided into three areas, each with a contractor assigned to it. The goal of
the RFP was to ascertain if one company would be able to provide a citywide service. Based on
the review of the proposals by the Public Works Team, and the follow up interviews with the
proposers, the outcome did not produce a sole contractor that would be able to handle the needs
of the City.
5.3
Packet Pg. 214
In order to provide the best service possible, Staff recommends that citywide landscape
maintenance responsibilities be divided into two areas, instead of three. Staff also recommends
that Inland Empire Landscaping be responsible for maintaining all of the areas west of State
Street, and Executive Image maintain all of the areas east of State Street.
The estimated start date for the agreements is March 1, 2019.
Funding for approximately 24 older areas of the City is derived from the Landscape and Lighting
Parks District 1 (LLPD1). The maintenance costs for LLPD1 areas are subsidized by the General
Fund, and have been for some time, due to a non-escalation clause for LLPD1. Such areas
include Rancho Park, Mistletoe Park, Hoffman Park, Ramona Boulevard, and various parkways
and medians in the LLPD1 assessment district.
In 2003, new development in the City was annexed to a new LLPD2 with associated zones.
LLPD2 zones were established with updated engineer forecasts, which include future
maintenance costs and funding escalations. 43 residential and commercial LLPD2 zones with
landscape and irrigation are maintained by the City. LLPD2 zones generate individual funding
and are levied annually via the Riverside County property tax roll. In essence, each zone’s
budget is financially self-sustaining.
FISCAL IMPACT:
There is a 6.1% ($10,731) annual cost increase to the general fund to subsidize LLPD1.
However, Staff estimates the increase is offset by saving efficiencies in the following budgeted
line items:
025-7100-410-3820 Storm Personnel $1,300
025-7100-410-3827 Graffiti Personnel $1,500
025-7100-410-3514 Electric Bill $1,000
025-7251-410-3820 Park Personnel $6,931
All costs associated with individual LLPD 2 zones are within budget and will not affect the
general fund.
The agreement award amount for Inland Empire Landscaping is $406,641.96.
The agreement award amount for Executive Image is $235,680.00.
ATTACHMENTS:
Coverage Maps
Executive Image Agreement
Inland Empire Agreement
Cost Analysis.Landscape Irrigation
5.3
Packet Pg. 215
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 1 of 69
LLPD 1 Zone - Annendale
5.3.a
Packet Pg. 216 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 2 of 69
LLPD 1 Zone - City Hall
5.3.a
Packet Pg. 217 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 3 of 69
LLPD 1 Zone - Cottonwood & Palm and Fig & Sage
5.3.a
Packet Pg. 218 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 4 of 69
LLPD 1 Zone - Country Village and SE Ramona Expressway
y
LLPD 1 Zone - Cottonwood & Palm and Fig & Sage
5.3.a
Packet Pg. 219 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 5 of 69
LLPD 1 Zone – Main Street Planters, Downtown Pocket Park, Virginia Lee and
5th Street Parking Lot
5.3.a
Packet Pg. 220 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 6 of 69
LLPD 1 Zone – Druding Park and Estudillo Park
5.3.a
Packet Pg. 221 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 7 of 69
LLPD 1 Zone – East 7th Street
5.3.a
Packet Pg. 222 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 8 of 69
LLPD 1 Zone – Esplanade Medians
5.3.a
Packet Pg. 223 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 9 of 69
LLPD 1 Zone – Estudillo Mansion
5.3.a
Packet Pg. 224 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 10 of 69
LLPD 1 Zone – Heritage Ranch
5.3.a
Packet Pg. 225 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 11 of 69
LLPD 1 Zone – Hewitt to Commonwealth and Evans
5.3.a
Packet Pg. 226 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 12 of 69
LLPD 1 Zone – Hofmann Park Complex
5.3.a
Packet Pg. 227 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 13 of 69
LLPD 1 Zone – La Entrada
5.3.a
Packet Pg. 228 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 14 of 69
LLPD 1 Zone – De Anza and Main
5.3.a
Packet Pg. 229 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 15 of 69
LLPD 1 Zone – Mistletoe Park
5.3.a
Packet Pg. 230 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 16 of 69
LLPD 1 Zone – North Esplanade Ave
5.3.a
Packet Pg. 231 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 17 of 69
LLPD 1 Zone – Old Mountain Medians
5.3.a
Packet Pg. 232 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 18 of 69
LLPD 1 Zone – Ramona Boulevard Medians
5.3.a
Packet Pg. 233 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 19 of 69
LLPD 1 Zone – Rancho Park
5.3.a
Packet Pg. 234 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 20 of 69
LLPD 1 Zone – Rancho San Jacinto Basins 1-10 and Channels
5.3.a
Packet Pg. 235 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 21 of 69
LLPD 1 Zone – Sallee Park
5.3.a
Packet Pg. 236 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 22 of 69
LLPD 1 Zone –Skyview Park, NW Ramona Boulevard, SW Ramona Boulevard, NW
Ramona Expressway and SW Ramona Expressway
5.3.a
Packet Pg. 237 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 23 of 69
LLPD 1 Zone –Soboba Springs
5.3.a
Packet Pg. 238 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 24 of 69
LLPD 1 Zone – The Estates
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Packet Pg. 239 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
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LLPD 2 Zone 1 – Sagecrest
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Packet Pg. 240 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
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LLPD 2 Zone 2 – Meridian Estates
5.3.a
Packet Pg. 241 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
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LLPD 2 Zone 3 – San Jacinto Ranch
5.3.a
Packet Pg. 242 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 4 – Timothy Lane
5.3.a
Packet Pg. 243 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 5 – Sunset Ranch
5.3.a
Packet Pg. 244 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 6 – Heritage Farm
5.3.a
Packet Pg. 245 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 7 – Tesoro
5.3.a
Packet Pg. 246 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 8 – Meadowbrook I
5.3.a
Packet Pg. 247 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 9 – Goldencrest
5.3.a
Packet Pg. 248 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 10 – Maravilla East RSJ
5.3.a
Packet Pg. 249 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 10 – Maravilla West RSJ
5.3.a
Packet Pg. 250 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
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LLPD 2 Zone 11 – Sandalwood
5.3.a
Packet Pg. 251 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 13 – Park Meadows
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Packet Pg. 252 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 16 – La Perla
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Packet Pg. 253 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 17 – Cloverfield
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Packet Pg. 254 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 19 – Wal-Mart
5.3.a
Packet Pg. 255 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 20 – Durango
5.3.a
Packet Pg. 256 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 21 – Arterra
5.3.a
Packet Pg. 257 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 22 – Park Hill
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Packet Pg. 258 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 23 – Summerfield Ranch
5.3.a
Packet Pg. 259 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 25 – Stallions Crossing
5.3.a
Packet Pg. 260 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 26 – The Ranch
5.3.a
Packet Pg. 261 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 27 – Potter Ranch
5.3.a
Packet Pg. 262 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 29 – Creekside
5.3.a
Packet Pg. 263 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 31 – Belicia Ranch
5.3.a
Packet Pg. 264 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 32 – Cottonwood Ranch
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Packet Pg. 265 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 38 – Coventry Acres
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Packet Pg. 266 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 39 – Artisian
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Packet Pg. 267 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 40 – Winners Circle
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Packet Pg. 268 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
Page 54 of 69
LLPD 2 Zone 41 – Mosaico
5.3.a
Packet Pg. 269 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 43 – Remington / Lyndon Trails
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Packet Pg. 270 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 45 – Tamarisk
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Packet Pg. 271 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 46 – Parkside Village
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Packet Pg. 272 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 51 – San Jacinto/ W. Esplanade Center
5.3.a
Packet Pg. 273 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 53 – Pomegranate Park
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Packet Pg. 274 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 55 – Julian Park
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Packet Pg. 275 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 59 – Rite Aid
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Packet Pg. 276 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 62 – Meadowbrook II
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Packet Pg. 277 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 63 – Catalpa
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Packet Pg. 278 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 64 – Enclave
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Packet Pg. 279 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 65 - Cheyenne
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Packet Pg. 280 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 67 – RSI Park Avenue
5.3.a
Packet Pg. 281 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 68 – Shaver
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Packet Pg. 282 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
RFP Landscape~Irrigation Maintenance Maps
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LLPD 2 Zone 76 – Shea Homes
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Packet Pg. 283 Attachment: Coverage Maps (Award Landscape and Irrigation Maintenance Agreements)
City of San Jacinto
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LLPD 2 Zone 88 – Family Dollar
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CITY OF SAN JACINTO
LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1 day of March, 2019 by and between the
City of San Jacinto, a municipal corporation organized under the laws of the State of California
with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California
92583, County of Riverside, State of California (“City”) and Executive Image, a sole proprietor
with its principal place of business at 3448 Bond Street, San Bernardino, CA 92405
(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing Landscape and Irrigation
Maintenance services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and that is
familiar with the plans of City. Contractor shall not subcontract any portion of the work required
by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Landscape and
Irrigation Maintenance project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Landscape and Irrigation
maintenance services necessary for the Project (“Services”). The Services are more particularly
described in Exhibit “A” attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached
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hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 1, 2019 to
February 28, 2022, unless earlier terminated as provided herein. The City shall have the
unilateral option, at its sole discretion, to automatically renew this Agreement on an annual
basis with no more than five additional one-year terms. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of City and shall at all times be
under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Contractor’s
conformance with the Schedule, City shall respond to Contractor’s submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Andy Ramirez,
Streets, Parks, Storm Water Superintendent, or his or her designee, to act as its representative
for the performance of this Agreement (“City’s Representative”). City’s Representative shall
have the power to act on behalf of the City for all purposes under this Agreement. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his
or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Randal
Jones, CEO, or his or her designee, to act as its representative for the performance of this
Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and
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attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City staff, consultants and other
staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to pe rform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Contractor’s failure to comply with the standard of care provided for herein. Any
employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to
any such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. In such
cases, the Contractor accepts no payment for any partial work until deemed complete by the
City or pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages, and not as a penalty, the sum of $100 per day for each and every
calendar day of delay beyond the Performance Time or beyond any completion schedule or
Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be
provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and feder al laws, rules and
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regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State.
It is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will
be complied with. These include but are not limited to the payment of prevailing wages, the
stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as
permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of
this Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Contractor. Contractor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain
records of each such verification, and shall make them available to the City or its
representatives for inspection and copy at any time during normal business hours. The City
shall not be responsible for any costs or expenses related to Contractor’s compliance with the
requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors
and Consultants. To the same extent and under the same conditions as Contractor, Contractor
shall require all of its subcontractors, sub-subcontractors and consultants performing any work
relating to the Project or this Agreement to make the same verifications and comply with all
requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
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3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is
an equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Contractor shall also comply with all relevant provisions of City’s Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City
against any fines or penalties imposed by CARB or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from
and against any and all fines, penalties, claims or other regulatory requirements imposed as a
result of Contractor’s non-compliance with the laws, regulations and policies described in this
Section, unless such non-compliance is the result of the sole established negligence, willful
misconduct or active negligence of the City, its officials, officers, agents, employees or
authorized volunteers.
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(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them without impacting water quality in violation of the laws, regulations and policies described
in this Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations
and policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that meet
the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured
all insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Agreement. Such insurance shall meet at least the following
minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26
or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $1,000,000 minimum per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used including, but not limited to, form CG 2503, either the
general aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:$1,000,000
per accident for bodily injury and property damage; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State
of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written
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notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the Cit y
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by the City will be promptly reimbursed by Contractor or the City may withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or
terminate this Agreement.
(D) Additional Insured. The City of San Jacinto, its directors,
officials, officers, employees, agents, and volunteers shall be named as additional insureds on
Contractor’s and its subcontractors’ policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of San Jacinto, its directors, officials,
officers, employees, agents, and volunteers shall be covered as additional insured with respect
to the Services or ongoing and complete operations performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such work; and
(2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain
a provision that such coverage shall also apply on a primary and noncontributory basis for the
benefit of the City, before the City’s own primary insurance or self-insurance shall be called
upon to protect it as a named insured. Any insurance or self-insurance maintained by the City,
its directors, officials, officers, employees, agents, and volunteers shall be excess of the
Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the Contractor or for which the Contractor is responsible; and (2) th e insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall
be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
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(C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents, and volunteers for losses paid under the terms
of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior
written notice by certified mail, return receipt requested, has been given to the City; and (B) any
failure to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the City, its directors, officials, officers,
employees, agents, and volunteers. Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage provided to the City, its
officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of
insureds provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees, agents, and
volunteers. All policies shall waive any right of subrogation of the insurer against the City, its
officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall
specifically allow Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own
right of recovery against City, its officials, officers, employees, agents, and volunteers, or any
other additional insureds, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve
different scopes or minimum limits of insurance for particular subcontractors. The Contractor
and the City shall be named as additional insureds on all subcontractors’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
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behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life protection
and lifesaving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond
in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at
least ten (10) days prior to expiration of the original bonds. No further payments shall be
deemed due or will be made under this Agreement until any replacement bonds required by this
Section are accepted by the City. To the extent, if any, that the total compensation is increased
in accordance with the Agreement, the Contractor shall, upon request of the City, cause the
amount of the bonds to be increased accordingly and shall promptly deliver satisfactory
evidence of such increase to the City. To the extent available, the bonds shall further provide
that no change or alteration of the Agreement (including, without limitation, an increase in the
total compensation, as referred to above), extensions of time, or modifications of the time,
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terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails
to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary
to determine the condition of the work sites, its accessibility to materials, workmen and
equipment, and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract Documents, including
any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies
or omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Except as set
forth in the Special Conditions or Specifications, should Contractor encounter material
reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous
substance and hazardous materials as defined in California state or federal law at the Site
which have not been rendered harmless, the Contractor shall immediately stop work at the
affected area and shall report the condition to the City in writing. The City shall contract for any
services required to directly remove and/or abate PCBs, hazardous substances, other toxic
wastes and hazardous materials, and shall not require the Contractor to subcontract for such
services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
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3.2.17 Warranty. Contractor warrants all Services under the Contract (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality
and free from any defective or faulty material and workmanship. Contractor agrees that for a
period of one year (or the period of time specified elsewhere in the Contract or in any guarantee
or warranty provided by any manufacturer or supplier of equipment or materials incorpora ted
into the work, whichever is later) after the date of final acceptance, Contractor shall within ten
(10) days after being notified in writing by the City of any defect in the Services or
non-conformance of the Services to the Contract, commence and prosecute with due diligence
all Services necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall act sooner as requested by the City in response to an emergency. In addition,
Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or
work of other contractors) damaged by its defective Services or which becomes damaged in the
course of repairing or replacing defective work. For any work so corrected, Contractor’s
obligation hereunder to correct defective work shall be reinstated for an additional one year
period, commencing with the date of acceptance of such corrected work. Contractor shall
perform such tests as the City may require to verify that any corrective actions, including,
without limitation, redesign, repairs, and replacements comply with the requirements of the
Contract. All costs associated with such corrective actions and testing, including the removal,
replacement, and reinstitution of equipment and materials necessary to gain access, shall be
the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate
agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on
behalf of the City. In the event that Contractor fails to perform its obligations under this Section,
or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of
the City, the City shall have the right to correct and replace any defective or non-conforming
work and any work damaged by such work or the replacement or correction thereof at
Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any
expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation
shall not exceed two hundred thirty five thousand and six hundred eighty dollars ($235,680) per
year without written approval of City Manager or his/her designee. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement and Exhibit “C”.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since
the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
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notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor;
(3) sums representing expenses, losses, or damages as determined by the City, incurred by the
City for which Contractor is liable under the Agreement; and (4) any other sums which the City
is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such
sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing W age Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Contractor’s
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim
or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
It shall be mandatory upon the Contractor and all subcontractors to comply with all California
Labor Code provisions, which include but are not limited to prevailing wages (Labor Code
Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code
Section 1777.1). The requirement to submit certified payroll records directly to the Labor
Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public
works project that is exempt pursuant to the small project exemption specified in Labor Code
Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is
$15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and
all subcontractors performing such Services must be registered with the Department of
Industrial Relations. Contractor shall maintain registration for the duration of the Project and
require the same of any subcontractors, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Contractor’s sole responsibility to comply with all applicable registration and labor compliance
requirements. Notwithstanding the foregoing, the contractor registration requirements
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mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a
public works project that is exempt pursuant to the small project exemption specified in Labor
Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial
Relations against Contractor or any subcontractor that affect Contractor’s performance of
Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of
or resulting from such stop orders shall be considered Contractor caused delay and shall not be
compensable by the City. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claim or liability arising out of stop
orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Contractor of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon terminatio n, Contractor
shall be compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor
Executive Image
Attention: Randal Jones
3448 Bond Street
San Bernardino, CA 92405
City:
City of San Jacinto
Attention: Andy Ramirez
595 South San Jacinto Avenue
San Jacinto, CA 92583
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed
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to the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are
false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively,
“Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions ,
or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants
or agents in connection with the performance of the Contractor’s services, the Project or this
Agreement, including without limitation the payment of all damages, expert witness fees and
attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the
extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to
liability for damages for death or bodily injury to persons, injury to property, or any other loss,
damage or expense arising from the sole or active negligence or willful misconduct of the City or
the City’s agents, servants, or independent contractors who are directly responsible to the City,
or for defects in design furnished by those persons.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor
shall also reimburse City for the cost of any settlement paid by City or its officials, employees,
agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert
witness fees. Contractor shall reimburse City and its officials, employees, agents and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to
indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials, employees, agents and authorized
volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900
et seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit
against the City.
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3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and
not work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or oblig ation
assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has n ot
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
Contractor further agrees to file, or shall cause its employees or subcontractors to file, a
Statement of Economic Interest with the City’s Filing Officer as required under state law in the
performance of the Services. For breach or violation of this warranty, City shall have the right to
5.3.b
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rescind this Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
[SIGNATURES ON NEXT PAGE]
5.3.b
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JACINTO
AND INLAND EMPIRE LANDSCAPING
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
[***INSERT DAY***] day of [***INSERT MONTH***], 2019
CITY OF SAN JACINTO Executive Image
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
Approved By:
Robert A. Johnson
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
5.3.b
Packet Pg. 301 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-1
EXHIBIT “A”
Scope of Services
1. Scope of Services
A. The intent of this Agreement is to secure Contractor which shall provide LANDSCAPE
MAINTENANCE and IRRIGATION SERVICES.
B. Contractor shall furnish all labor, tools, materials, and equipment, except where otherwise
specified, to provide landscape maintenance services as set forth in this Agreement.
C. Contractor shall be a licensed Contractor pursuant to the Business and Professions Code and shall
be licensed in the following appropriate classification(s) of Contractor’s license(s), for the work and
must maintain the license(s) throughout the duration of the Contract: a valid C-27 Landscaping
Contractor.
D. All work shall be done in a thorough and workmanlike manner to the satisfaction of the General
Manager, or his authorized agent, and comply with all legal construction and landscape maintenance
practices. The premises shall be maintained at the level of service provided for in these specifications
at all times.
E. Contractor shall have the duty to provide landscape maintenance of all work sites, including, but
not limited to the following:
1) Fertilize, prune, shape and trim trees, shrubs, vines and ground cover plants.
2) Control weeds and plant diseases.
3) Mow, edge and fertilize turf grass and blow hardscape clean.
4) Maintain plant material in a healthy condition with horticultural acceptable growth and color.
5) Inspect, maintain and repair all irrigation systems in their entirety.
6) Perform general area clean-up, including the removal of leaves, trash, animal feces and other
debris from all the work sites.
7) Maintain all work sites in a safe, attractive and usable condition.
8) Maintain all hardscape, sidewalks, curbs, gutters (up to 5’ into the street), and drainage systems
free of weeds and debris at all times.
F. Contractor shall contact the assigned Area Inspector on a daily basis to discuss the Contractor’s
work schedule for the day, existing problems, or other important information.
G. Contractor shall perform a maintenance inspection, during daylight hours, of all areas. Such
inspection shall be both visual and operational. It shall include, b ut not be limited to, the operation of
all irrigation and/or other mechanical systems to check for proper condition and reliability.
5.3.b
Packet Pg. 302 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit A-2
H. Contractor shall attend a mandatory inspectors’ meeting each week in order to receive important
information and resolve any problems,
I. Contractor shall complete each month and turn into their Area Inspector a monthly NPDES log of
debris removed from storm channels.
J. Contractor shall recycle green waste generated from their contract performance and submit a
monthly report identifying the weight and/or volume of green waste recycled.
K. Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all
emergencies within two (2) hours of notification. (Emergencies that involve maintenance work
included in these general conditions shall not be compensated).
2. Areas To Be Maintained
A. Work sites may include medians, parkways, parks, basins slopes, sidewalks, gutters, greenbelt
areas, channels, natural areas, and drainage areas.
B. An identification of all areas to be maintained is provided in the attached maps.
C. Maps are supplied with this bid package are only approximate and may contain errors.
3. Area Work Standards
A. Method of Irrigation
1) Irrigation shall be done by the use of automatic or manual sprinkler systems where available and
operable. However, failure of the existing irrigation system to provide full and proper coverage shall
not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper
coverage to all areas in the work site.
2) All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The
Contractor SHALL furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this
supplemental irrigation.
3) Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into
existing underground improvements or structures.
4) Water supplied by the City or EMWD for irrigation may be Recycled Water, indicated b y purple
color-coded sprinklers, valves, valve boxes, tags and signs. The Contractor understands that
Recycled Water is not intended for human contact or consumption.
5) Contractor accepts full responsibility for educating and monitoring its employees re garding safety
issues related to the presence and use of Recycled Water.
B. Initial Irrigation Inspection
1) Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all
work sites and identify all needed repairs.
5.3.b
Packet Pg. 303 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit A-3
2) Required repairs shall be submitted to the Public Works Area Inspector in a written statement
within two (2) weeks after the start date of the maintenance contract.
3) If a written statement which documents required repairs is not received withi n the stated time-
frame, the entire system shall be interpreted as fully operational, and deemed acceptable by the
Contractor.
4) The City shall review and verify all submitted repairs from the initial inspection. Repairs must be
completed within 48 hours upon approval by the Area Inspector. Such repairs will include all parts,
labor, and taxes per the City accepting the lowest proposed bid on the Irrigation Price Sheet.
5) Upon completion of all repairs following the initial inspection, the Contractor shall sign-off each
individual area as being fully operational.
C. Weekly/Monthly Irrigation Inspections
1) Contractor shall visually inspect the operation of the irrigation systems weekly for any
malfunctions.
2) Each month Contractor shall conduct a “Full Valve and Sprinkler Test” for their responsible site.
This includes, but is not limited to tightening of loose fittings and packing nuts; flushing sprinkler
heads, pipes, nozzles, valves, filters, strainers, and backflow devices; adjusting sprinkle r heads, anti-
drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters.
3) All system malfunctions, damage and obstructions shall be recorded, reported to Area Inspector
and given corrective action.
D. Irrigation Maintenance and Repairs
1) Contractor shall maintain all irrigation systems in such a way as to:
a) Guarantee proper coverage and full working capability.
b) Make whatever adjustments may be necessary to prevent overspray or excessive runoff into street
right-of-ways or other areas not meant to be irrigated.
2) All repair estimates must be pre-approved and signed off by the Area Inspector before work is
conducted.
3) Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational
system, including but not limited to, pressure pipes from the water meter to the control valves, all
irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems, backflow
devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain
valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers,
valve boxes, controllers, valve markers, batteries, fittings and risers.
4) Irrigation repairs shall be made within the following time limits:
5.3.b
Packet Pg. 304 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit A-4
a) Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification.
b) All other irrigation repairs shall be made within 48 hours of identificati on or notification.
Failure to complete irrigation repairs in the timeframes listed above will result in the Public
Works utilizing City forces, or an alternate source, to correct the deficiency and deduct from the
Contractor's payment the total cost, including City overhead.
5) Replacement of irrigation components shall be with originally installed materials of the same size
and quality or better. Substitutions must be pre-approved by the Public Works Department in writing
prior to installation.
E. Water Conservation
1) Contractor shall turn off all non Cal-Sense irrigation systems during periods of rainfall and/or
times when suspension of irrigation is desirable to conserve water while remaining within the
guidelines of good horticultural and acceptable maintenance practices. The Contractor shall notify
the Area Inspector any time irrigation systems are turned off and turned back on. Any negligence by
the Contractor resulting in dead landscape or water fines will be the responsibility of the Contrac tor.
2) Contractor shall comply with all City of San Jacinto Ordinances and/or Resolutions which relate to
water conservation.
F. Turf Grass Care
1) Turf Grass Mowing:
a) Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to
provide a smooth and even cut without tearing turf grass blades.
b) The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.
c) All warm season turf grasses (Bermuda, St. Augustine, Kikuyu, or similar) shall be cut at a one (1)
inch height throughout the year.
d) All cool season turf grasses (Fescue, Bluegrass, Ryegrass) shall be cut at a two and one -half (2
1/2) inch height throughout the year.
e) Turf grass mowing heights may be adjusted by the Public Works Department during periods of
turf grass renovation.
f) All turf grass clippings shall be picked up and removed to a legal dumping site prior to vacating
the work site after each mowing.
g) Care shall be exercised to avoid depressions in the established grade from mowing when the soil is
saturated.
h) Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the
maintenance contract. This mowing schedule shall be approved by Public Works.
5.3.b
Packet Pg. 305 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-5
2) Turf Grass Edging and Trimming:
a) Edging of turf grass shall be performed in all areas will ensure a clean and uniformed appearance.
b) Trimming of turf grass shall be performed along walls, and around valve boxes, water meter
boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
c) All tree trunks must be protected during maintenance from equipment damage
d) In areas where there is no mow curb, a six (6) inch barren strip shall be provided, and maintained,
between turf grass and adjacent ground cover. Edging of turf grass and ground cover shall provide
uniform delineation adjacent to this barren strip.
e) Trimming of plant material may be required around sprinklers to provide maximum irrigation
coverage.
f) All clippings and trimmings shall be removed from the work site the same day work is performed
and prior to a Contractor vacating the work site. At no time shall the Contractor blow clippings into
the planter, street, or storm drain areas.
g) The mowing and edging of turf grass in a designated worksite within the timeframe indicated on
the contract schedule will be considered one complete cycle.
3) Turf Grass Fertilization:
a) The turf grass shall be fertilized four times a year to provide a healthy, vigorous, and
horticulturally acceptable growth and color, as determined by Public Works.
b) Fertilization shall be performed with a balanced fertilizer at a rate of one (1) pound of actual
Nitrogen per 1,000 square feet of area. Fertilizer and labor shall be provided by the Contractor at no
extra charge.
c) The schedule for fertilization shall be conducted in every March, June, September, and December.
d) Contractor shall immediately irrigate after each fertilizer application.
e) All fertilizer applications shall be performed with properly calibrated equipment to provide a
uniform application.
f) Aerate (June – July) Aerator must be commercial grade and plugs should be a minimum of 3”.
g) Over-seed Oct. 15 Tall Fescue. Seed will be provided by City.
G. Weed Control
1) For the purpose of these specifications, a weed will be considered as "any undesirable or
misplaced plant" determined by Public Works.
5.3.b
Packet Pg. 306 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit A-6
2) All areas within the specified maintenance, including but not limited to turf, grass, shrub and
ground cover areas, planters, tree wells, playgrounds, maintenance yards, drainage ditches, basins,
channels, and hardscape areas shall be kept free of weeds at all times.
3) Weed removal shall consist of complete removal of all weeds, including top growth and roots, as
the weeds appear.
4) Weed control shall be performed weekly on the same day of maintenance.
5) The removal of all weeds from a designated worksite within the timeframe indicated on the
contract schedule will be considered one complete cycle.
6) Weeds shall be controlled either by hand or mechanical methods. Any chemical methods must be
pre-approved by the Public Works Department and include blue/green dye.
H. Shrub Care
1) Pruning of Shrubs:
a) All shrubs growing in the work areas shall be pruned as per attached schedule to encourage
healthy growth habits, removal of dead or damaged branches, and maintain natural shape.
b) Shrubs shall be pruned with sharp pruning tools and no weed eaters.
c) Shrubs shall be continually pruned, as necessary, to prevent encroachment of passage ways, walks,
streets, and view of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically
pleasing landscape.
d) All pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall
be allowed to remain.
e) Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the
work site.
f) Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air
movement through the shrub.
g) Shearing or severe pruning shall not be permitted without prior written permission from the Public
Works Department.
h) The hedging of all shrubs in a designated worksite within the timeframe indicated on the contract
schedule will be considered one complete cycle.
2) Irrigation of Shrubs:
a) All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
b) Irrigation run-off and overspray shall be minimized.
3) Shrub Replacement:
5.3.b
Packet Pg. 307 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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24438.00000\29878479.2
Exhibit A-7
a) All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species
of plant and size of plant will be determined by the Department. Contractor shall be responsible for
the complete removal and replacement of shrubs lost due to the Contractor's faulty maintenance or
negligence, as determined by the Public Works Department.
b) Substitutions for any plant materials must have prior written approval by the Public Works
Department.
c) Original plans and specifications shall be consulted to determine correct identification of species.
d) All shrubs shall be guaranteed to live and remain in a healthy condition for no less than twelve
(12) months from the date of installation, inspection and verification by the Public Works
Department.
e) Care shall be taken to prevent soil build-up around the crown of shrubs.
I. Vine Care
1) Vines and espalier plants shall be checked regularly and secured to the wall or support on an as
needed basis.
2) Vine Trimming:
a) All vines shall be trimmed monthly or as required by the Area Inspector.
b) All vines shall be maintained so encroachment into adjacent pedestrian right-of-way, shrubs,
ground cover, or private property is inhibited.
c) The trimming of all vines in a designated worksite within the timeframe indicated on the contract
schedule will be considered one complete cycle.
3) Vine Irrigation:
a) All vines shall be irrigated to maintain a healthy and attractive appearance.
b) Where possible the vine irrigation shall be on a separate program from turf grass.
J. Ground Cover Care
1) Ground covers are low growing plants that grow in colonies to form a solid mat over the surface of
the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited
to arctotheca, gazania, vinca, lonicera, ivy, trachelosperum, and varieties of iceplant.
2) Edging and Trimming of Ground Cover:
a) Edging of ground cover areas shall be performed weekly or as required by the Area Inspector.
b) All ground cover adjacent to sidewalks, curbs, mowing strips, or where no improved surface
exists, shall be edged in a neat, uniform line.
c) All ground cover shall be continually trimmed at the drip line of all shrubs.
5.3.b
Packet Pg. 308 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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24438.00000\29878479.2
Exhibit A-8
d) All ground cover shall be continually trimmed along walls, valve boxes, water meter boxes,
backflow devices, or other structures located within the ground cover area as determined by the
Public Works Department.
e) Trimming of ground cover may be required around sprinklers to provide maximum irrigation
coverage.
f) All clippings and trimmings shall be removed from the work site the same day work is performed
and prior to the Contractor vacating the work site.
g) After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters.
h) The edging and trimming of ground cover in a designated worksite within the timeframe indicated
on the contract schedule will be considered one complete cycle.
3) Ground Cover Irrigation: All ground cover areas shall be adequately irrigated to maintain a
healthy and attractive appearance. Irrigation run-off and overspray shall be minimized.
K. Tree Care
1) Tree Trimming:
a) Contractor shall be responsible for all tree trimming, including the removal of palm fronds and
flower stalks, from all trees in the zone from zero (0) up to (20) twenty feet in height regardless of
the total height of the tree.
b) Contractor shall perform tree pruning on a monthly basis or as directed by the Area Inspector to
provide a well-groomed, "laced out" appearance for all trees which encourages air movement through
the tree canopy.
c) All trees in the work site shall be maintained in their natural shapes. This work shall be
accomplished in a manner which will ensure that each individual tree is trimmed carefully to promote
the tree's health and appearance.
d) All work shall be of the highest quality and performed in accordance with approved professional
tree trimming standards.
f) All trees shall be pruned within 48 hours upon notification to remove or prevent encroachment
where it blocks vision or encroaches in any manner deemed undesirable by the Public Works
Department.
g) All trees shall be continually maintained free of all dead, diseased and damaged branches back to
the point of breaking. Cuts must be made flush with the collar to promote proper healing. Pruning
tools shall be adequately sharpened to provide clean cuts and shall be properly sterilized to reduce
spread of disease.
h) All sucker growth is to be removed from trees as it occurs.
5.3.b
Packet Pg. 309 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit A-9
i) Contractor shall maintain all branches which encroach sidewalks at a minimum height of ten (10)
feet clearance and a minimum fourteen (14) foot clearance from road surface for branches which
encroach beyond the curb line into the street.
j) All branches which encroach over private property shall be removed as directed.
k) Contractor shall not remove or disturb any tree central leader wit hout prior written approval from
the Public Works Department.
2) Tree Staking:
a) Contractor shall, at no additional cost to the City, stake and tie all trees which require support.
b) Tree stakes shall be pentachlorophenol treated, lodge pole pine no t less than eight feet (8') in
length. Two (2) tree stakes are required per tree.
c) Guy wires where required will be of pliable, zinc-coated ten-gauge wire (three ties per tree) and
should have a white P.V.C. sleeve for visibility.
d) Trees shall be secured to stakes with cinch ties or equivalent. Contractor shall not use wire and
hose.
e) Stakes shall not be placed closer than eight (8) inches from the tree trunk.
f) Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and
re-tied as necessary, to prevent girdling.
3) Tree Replacement:
a) Contractor shall be responsible for the complete removal and replacement of trees lost due to the
Contractor's faulty maintenance or negligence, as determined by the Public Works Department.
b) Replacement shall be made by the worksite Contractor with the kind and size determined by the
Public Works Department.
c) Where there is a difference in value between the tree lost and the replacement tree, t his difference
will be deducted from the Contractor's payment.
d) In all cases the value of the trees lost will be determined by the Public Works Department, using
the latest American Shade Tree Conference guidelines for value determination.
e) Downed trees, due to any cause, shall be removed and the stump ground to a depth of 12” and re -
filled the same day of identification or notification.
f) Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor
with a twenty-four (24) inch box tree. The Public Works Department may specify a species of tree
for replacement different from the one lost.
4) Tree Irrigation:
a) All trees shall be adequately irrigated to maintain a healthy and attractive appearance.
b) Irrigation run-off and overspray shall be minimized.
5.3.b
Packet Pg. 310 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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24438.00000\29878479.2
Exhibit A-10
L. Disease Control
1) Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, and insect
infestation. The Contractor shall advise the Public Works Department, in writing, within four (4)
days when any disease, snail, insect infestation is found; he shall identify the disease, snail, insect
and specify control measures to be taken. The Contractor shall implement control measures,
exercising extreme caution in the application of all spray materials, dusts or other materials utilized.
2) Approved control measures shall be continued until the disease, snail or insect is controlled to the
satisfaction of the Public Works Department. The Contractor shall utilize all safeguards necessary
during disease, snail, or insect control operations to ensure safety of the public and the employees of
the Contractor.
M. Green Waste Disposal
1) Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips
and other garden organic materials.
2) Contractor shall be responsible for recycling all green waste generated from their contract
performance.
3) Contractor shall have the duty to keep all green waste from being contaminated to an extent it no
longer can be recycled.
4) Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of
recycling.
5) Contractor shall submit a monthly report identifying the weight and/or volume of green waste
recycled during the preceding month. Payment of maintenance invoice will not be made until green
waste monthly report is completed and received by the Public Works Department.
N. General Clean-up
1) Litter/Debris Removal. All areas in the work sites shall be kept free of, but not limited to, the
following items: bottles, glass, cans, paper, cardboard, metallic items, and other debris. In addition,
dog feces are also to be removed from the walkways, turf or ground cover areas.
Contractor shall promptly remove from the work area, all debris generated by their performance.
2) Curb and Gutter Maintenance. The Contractor is responsible for removal of all weeds and grass
growing in and around the curb and gutter area. The Contractor are responsible to insure the roadway
is cleared of all dirt and debris within four (5') feet of the curb and gutter in all areas adjacent to
maintenance responsibilities.
3) Walkway Maintenance. Walkways shall be cleaned immediately following mowing and edging
and cleaned by use of power sweeping or blower equipment. This includes removal of all foreign
objects from surfaces. All walkway cracks and expansion joints shall be maintained weed and grass
free at all times.
5.3.b
Packet Pg. 311 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit A-11
4) Drain Maintenance. All drains and catch basins shall be kept free of siltation and debris at all
times. All v-ditches and drainage areas shall be kept clean and edged regularly by the Contractor.
5) Removal of Leaves. Accumulation of leaves shall be removed from all areas and not blown under
the shrubs.
6) Removal of Damaged Plant Material. All dead, damaged, declining, hazardous or broken plan t
material (trees, shrubs, vines, ground cover, turf), whether a result of the Contractor’s negligence or
an Act of God shall be removed by the Contractor at no additional cost to the City.
Scope of Services Summary
O. Scope of Services Summary:
1. Weekly work
a) Mow, Edge, and Fertilize
• Complete mow of all turf or similar maintenance work as directed by the Public Works
Department
• City property damaged by the Contractor will be repaired immediately at the Contractor’s
expense
• When not mowing (e.g. winter months or rain) the Contractor will trim, edge, and pick up
debris/trash
b) Weed, Edge, Blow
• Weed removal shall consist of complete removal of all weeds, including top growth and
roots, as the weeds appear. Application of herbicide with blue/green dye will only be
permitted upon written approval from the Public Works Department
c) Trash/Debris Removal
• Complete removal of all trash, fugitive soils, pine needles, leaves, weeds from all areas
• Complete blowing of debris, up to washing sidewalks
• Includes sidewalks and 5’ into the street
d) Channels and Drains
• All v-ditches, gutters, drains, inlets, outlets, pipes, and grates of any size must be
maintained free of all debris, mud, and silt.
• Mud, debris, and silt needs to be removed and not thrown onto slopes
e) Trees and Vines Trimming
• Skirt all trees to 10' regardless of branch thickness
• Trim all tree areas to keep signs & lighting visible
• Trees are not to be topped unless for safety
• As directed, remove tree stakes and re-stake leaning trees
f) Shrubs/Bushes
• Keep all signs & lighting visible, trim shrubs 2’ away from walls
• Ensure all trimming allows spray heads to have proper clearance and coverage
• Remove dead shrubs / bushes (at no additional cost)
5.3.b
Packet Pg. 312 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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24438.00000\29878479.2
Exhibit A-12
• Various trim measurements as directed by the Public Works Department
g) Raking
• Keep playground sands and mulch raked evenly
h) Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond
to all emergencies within two (2) hours of notification. (Emergencies that involve
maintenance work included in these general conditions shall not be compensated).
2. Monthly work
a) NPDES Tracking Sheet (Due at the end of each month)
• Report debris yardage removal from channels
b) Basins (maintained twice each month)
• All shrubs shall be kept trimmed down to 2-3’ in height
• Ensure all areas are trash free and drains are clear of debris
• Remove all weeds on slopes (blue/green dye herbicide spray permitted upon written approval)
c) Green Waste
• Contractor shall recycle green waste generated from their contract performance and submit a
monthly report identifying the weight and/or volume of green waste recycled.
3. Quarterly Work
a) Fertilization
• Fertilize four times a year (March, June, September, December) at no additional cost
4. Yearly Work
a) Aerate (June – July) Aerator must be commercial grade and plugs should be a minimum of 3”.
b) Over-seed Oct. 15 tall fescue. Seed will be provided by City.
5. Identification, Communication, Compliance
a) Company Logos
• All Contractor vehicles must have company logos on vehicles. Workers must also have reflective
shirts or vests with company logos.
b) Communication
• Contractor must respond the same day to the Public Works Department phone calls and / or
emails
• The City reserves the right to stop regular maintenance and have Contractor crews assist with
debris removal during unfavorable weather conditions (no extra pay)
c) Compliance
• Any missed work will forfeit the entire week(s) charge and will be deducted from the monthly
bill
5.3.b
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Exhibit A-13
The following are assigned maintenance areas for Executive Image and are subject to change at
the sole discretion of the City:
LLPD 1 Areas
Annedale
City Hall
Main Street planters, Downtown, Pocket Park, Virginia Lee, 5th Street Parking lot
Druding Park, Estudillo Park
East 7th Street
Esplanade medians
Estudillo Mansion
Hewitt to Commonwealth and Evans
Hoffman Park Complex
La Entrada
De Anza and Main
Mistletoe Park
North Esplanade medians
Old Mountain medians
Ramona Boulevard medians
Rancho Park
Rancho San Jacinto Basins 1-10
San Jacinto medians
Sallee Park
Skyview Park, NW Ramona Boulevard, SW Ramona Boulevard,
NW Ramona Expressway and SW Ramona Expressway
Soboba Springs
The Estates
LLPD 2 Zones and Basin(s)
Zone 2
Zone 9
Zone 10 (east/west)
Zone 16
Zone 17
Zone 19
Zone 20
Zone 22
Zone 31
Zone 39
Zone 67
Zone 68
Zone 88
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Packet Pg. 314 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
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Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
The Contractor shall provide the City a detailed schedule for weekly maintenance of assigned
areas. The City reserves sole discretion to change or modify the schedule.
5.3.b
Packet Pg. 315 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
24438.00000\31453674.1
EXHIBIT “C”
COMPENSATION
The following price sheet includes established rates for extra work.
Irrigation Unit Price Sheet
CONTRACTOR: EST# ZONE:
Parts
Quantity
Subtotal
Price =
(cost+labor) Subtotal
*1804 Rain Bird Pop-Up Complete(SAM) 4" 15
*1806 Rain Bird Pop-Up Complete(SAM) 6" 25
*1812 Rain Bird Pop-Up Complete(SAM) 12" 30
*Hunter Rotor Gear Drive (I-20 Complete) Plastic 4" 30
*Hunter Rotor Gear Drive (I-20 Complete) Plastic 6" 45
*Hunter Rotor Gear Drive (I-20 Complete) Plastic 12" 50
*Hunter Rotor Gear Drive Complete (I-25) 4" 55
*Hunter Rotor Gear Drive Complete (I-25) 6" 60
* ¾ Rain Bird Plastic valve in place (PEB) 3/4" 125
* 1 Rain Bird Plastic valve in place (PEB) 1" 160
* 1 1/2 Rain Bird Plastic valve in place (PEB) 1 1/2" 205
*2” Rain Bird plastic valve in place (PEB) 2" 240
*¾ Superior brass in place 3/4" 160
1” Superior Globe Brass Valve 1" 200
*1 ½” Superior Globe Brass Valve (Master
Valve) 1 1/2" 315
*2” Superior Globe Brass Valve 2 " 350
Cal-Sense Flow Meter 1.5" 860
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Cal-Sense 8 station module upgrade (CS 3000) 675
*Rain Bird Spray nozzle and Drip Emitter 5
*Wiper Seal in place 10
*Capping 10
*Swing Joint Marlex 15
*Solenoid 50
*Battery Clock (with batteries) NODE 1 Station 190
*Battery Clock (with batteries) NODE
4
Stations 240
Reclaimed water parts
*Hunter I-20 Complete Reclaimed Purple 4" 45
*Hunter I-20 Complete Reclaimed Purple 6" 65
*Hunter I-20 Complete Reclaimed Purple 12" 75
* ¾ Rain Bird valve in place (PES) Reclaimed 3/4" 175
* 1 Rain Bird valve in place (PES) Reclaimed 1" 240
* 1 1/2 Rain Bird valve in place (PES) Reclaimed 1 1/2" 270
* 2 Rain Bird valve in place (PES) Reclaimed 2" 300
*Clean Y Strainer 40/hr.
*Purple Caps Pop Ups and Rotors 7
All Prices include tax, parts, time/labor at prevailing wage, subject to change by
D.I.R.
Irrigation Check per valve, includes adjusting all rotors/nozzles per
valve (each zone must be completed by end of each month) 6
Extra Labor work (additional work) 40/hr.
Trouble Shooting -per valve, flow sensor, or equivalent, foreman 60/hr.
Drip line & Emitter, Lateral break, etc.
Labor
+parts
5.3.b
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24438.00000\31453674.1
Tree Price Sheet
Size Price (all materials, stakes, 90 day warranty, labor)
24" box $275
36" Box $875
48" Box $1,650
60" Box $4,450
Plant Price Sheet
Size Price (all materials, 90 day warranty, labor)
5 gallon $22
15 gallon $90
25 gallon $275
*For most common plants
DG & Mulch Price Sheet
Type
Per
Cubic
Yard
Price (all materials and labor)
DG $50 $90
3” Premium Forest
Blended Mulch $25.10 $55
Soil Removal
(rehabilitation projects) $60
5.3.b
Packet Pg. 318 Attachment: Executive Image Agreement (Award Landscape and Irrigation Maintenance Agreements)
Exhibit D-1
24438.00000\29878479.2
5.3.b
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CITY OF SAN JACINTO
LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1 day of March, 2019 by and between the
City of San Jacinto, a municipal corporation organized under the laws of the State of California
with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California
92583, County of Riverside, State of California (“City”) and Inland Empire Landscaping, a
corporation with its principal place of business at 2456 Kern Street, San Bernardino, CA 92407
(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing Landscape and Irrigation
Maintenance services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and that is
familiar with the plans of City. Contractor shall not subcontract any portion of the work required
by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Landscape and
Irrigation Maintenance project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Landscape and Irrigation
maintenance services necessary for the Project (“Services”). The Services are more particularly
described in Exhibit “A” attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached
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hereto and incorporated herein by reference, and all applicable local, state and federal laws,
rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 1, 2019 to
February 28, 2022, unless earlier terminated as provided herein. The City shall have the
unilateral option, at its sole discretion, to automatically renew this Agreement on an annual
basis with no more than five additional one-year terms. Contractor shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of City and shall at all times be
under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Contractor’s
conformance with the Schedule, City shall respond to Contractor’s submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Andy Ramirez,
Streets, Parks, Storm Water Superintendent, or his or her designee, to act as its representative
for the performance of this Agreement (“City’s Representative”). City’s Representative shall
have the power to act on behalf of the City for all purposes under this Agreement. Contractor
shall not accept direction or orders from any person other than the City’s Representative or his
or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Joel Ibarra,
CEO, or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor’s Representative shall supervise and direct the Services, using his best skill and
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attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City staff, consultants and other
staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Contractor’s failure to comply with the standard of care provided for herein. Any
employee of the Contractor or its sub-contractors who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refu ses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to
any such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. In such
cases, the Contractor accepts no payment for any partial work until deemed complete by th e
City or pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages, and not as a penalty, the sum of $100 per day for each and every
calendar day of delay beyond the Performance Time or beyond any completion schedule or
Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be
provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
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regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State.
It is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will
be complied with. These include but are not limited to the payment of prevailing wages, the
stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as
permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification provisions of
this Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Contractor. Contractor also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Contractor shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Contractor shall maintain
records of each such verification, and shall make them available to the City or its
representatives for inspection and copy at any time during normal business hours. The City
shall not be responsible for any costs or expenses related to Contractor’s compliance with the
requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors
and Consultants. To the same extent and under the same conditions as Contractor, Contractor
shall require all of its subcontractors, sub-subcontractors and consultants performing any work
relating to the Project or this Agreement to make the same verifications and comply with all
requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
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3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is
an equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Contractor shall also comply with all relevant provisions of City’s Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City
against any fines or penalties imposed by CARB or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources
Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances
regulating discharges of storm water; and any and all regulations, policies, or permits issued
pursuant to any such authority regulating the discharge of pollutants, as that term is used in the
Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, f rom
and against any and all fines, penalties, claims or other regulatory requirements imposed as a
result of Contractor’s non-compliance with the laws, regulations and policies described in this
Section, unless such non-compliance is the result of the sole established negligence, willful
misconduct or active negligence of the City, its officials, officers, agents, employees or
authorized volunteers.
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(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them without impacting water quality in violation of the laws, regulations and policies described
in this Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations
and policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that meet
the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured
all insurance required under this Section. In addition, Contractor shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same
insurance for the duration of the Agreement. Such insurance shall meet at least the following
minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26
or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $1,000,000 minimum per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other form
with general aggregate limit is used including, but not limited to, form CG 2503, either the
general aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:$1,000,000
per accident for bodily injury and property damage; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State
of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written
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notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced, the City
has the right but not the duty to obtain the insurance it deems necessary and any premi um paid
by the City will be promptly reimbursed by Contractor or the City may withhold amounts
sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or
terminate this Agreement.
(D) Additional Insured. The City of San Jacinto, its directors,
officials, officers, employees, agents, and volunteers shall be named as additional insureds on
Contractor’s and its subcontractors’ policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of San Jacinto, its directors, officials,
officers, employees, agents, and volunteers shall be covered as additional insured with respect
to the Services or ongoing and complete operations performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such work; and
(2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain
a provision that such coverage shall also apply on a primary and noncontributory basis for the
benefit of the City, before the City’s own primary insurance or self-insurance shall be called
upon to protect it as a named insured. Any insurance or self-insurance maintained by the City,
its directors, officials, officers, employees, agents, and volunteers shall be excess of the
Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall
be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any
way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available
insurance proceeds in excess of the specified minimum limits of coverage shall be available to
the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
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(C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents, and volunteers for losses paid under the terms
of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior
written notice by certified mail, return receipt requested, has been given to the City; and (B) any
failure to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the City, its directors, officials, officers,
employees, agents, and volunteers. Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage provided to the City, its
officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of
insureds provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees, agents, and
volunteers. All policies shall waive any right of subrogation of the insurer against the City, its
officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall
specifically allow Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own
right of recovery against City, its officials, officers, employees, agents, and volunteers, or any
other additional insureds, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall
guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve
different scopes or minimum limits of insurance for particular subcontractors. The Contractor
and the City shall be named as additional insureds on all subcontractors’ policies of Commercial
General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
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behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life protection
and lifesaving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond
in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at
least ten (10) days prior to expiration of the original bonds. No further payments shall be
deemed due or will be made under this Agreement until any replacement bonds required by this
Section are accepted by the City. To the extent, if any, that the total compensation is increased
in accordance with the Agreement, the Contractor shall, upon request of the City, cause the
amount of the bonds to be increased accordingly and shall promptly deliver satisfactory
evidence of such increase to the City. To the extent available, the bonds shall further provide
that no change or alteration of the Agreement (including, without limitation, an increase in the
total compensation, as referred to above), extensions of time, or modifications of the time,
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terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails
to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary
to determine the condition of the work sites, its accessibility to materials, workmen and
equipment, and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract Documents, including
any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies
or omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Except as set
forth in the Special Conditions or Specifications, should Contractor encounter material
reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous
substance and hazardous materials as defined in California state or federal law at the Site
which have not been rendered harmless, the Contractor shall immediately stop work at the
affected area and shall report the condition to the City in writing. The City shall contract for any
services required to directly remove and/or abate PCBs, hazardous substances, other toxic
wastes and hazardous materials, and shall not require the Contractor to subcontract for such
services. The Services in the affected area shall not thereafter be resumed except by written
agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
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3.2.17 Warranty. Contractor warrants all Services under the Contract (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality
and free from any defective or faulty material and workmanship. Contractor agrees that for a
period of one year (or the period of time specified elsewhere in the Contract or in any guarantee
or warranty provided by any manufacturer or supplier of equipment or materials incorporated
into the work, whichever is later) after the date of final acceptance, Contractor shall within ten
(10) days after being notified in writing by the City of any defect in the Services or
non-conformance of the Services to the Contract, commence and prosecute with due diligence
all Services necessary to fulfill the terms of the warranty at its sole cost and expense.
Contractor shall act sooner as requested by the City in response to an emergency. In addition,
Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or
work of other contractors) damaged by its defective Services or which becomes damaged in the
course of repairing or replacing defective work. For any work so corrected, Contractor’s
obligation hereunder to correct defective work shall be reinstated for an additional one year
period, commencing with the date of acceptance of such corrected work. Contractor shall
perform such tests as the City may require to verify that any corrective actions, including,
without limitation, redesign, repairs, and replacements comply with the requirements of the
Contract. All costs associated with such corrective actions and testing, including the removal,
replacement, and reinstitution of equipment and materials necessary to gain access, shall be
the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate
agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on
behalf of the City. In the event that Contractor fails to perform its obligations under this Section,
or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of
the City, the City shall have the right to correct and replace any defective or non-conforming
work and any work damaged by such work or the replacement or correction thereof at
Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any
expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation
shall not exceed four hundred thousand six hundred forty one dollars and nighty six cents
($406,641.96) per year without written approval of City Manager or his/her designee. . Extra
Work may be authorized, as described below, and if authorized, will be compensated at the
rates and manner set forth in this Agreement and Exhibit “C”.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since
the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
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notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor;
(3) sums representing expenses, losses, or damages as determined by the City, incurred by the
City for which Contractor is liable under the Agreement; and (4) any other sums which the City
is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such
sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing W age Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Contractor shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Contractor’s
principal place of business and at the project site. Contractor shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim
or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
It shall be mandatory upon the Contractor and all subcontractors to comply with all California
Labor Code provisions, which include but are not limited to prevailing wages (Labor Code
Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code
Section 1777.1). The requirement to submit certified payroll records directly to the Labor
Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public
works project that is exempt pursuant to the small project exemption specified in Labor Code
Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is
$15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and
all subcontractors performing such Services must be registered with the Department of
Industrial Relations. Contractor shall maintain registration for the duration of the Project and
require the same of any subcontractors, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Contractor’s sole responsibility to comply with all applicable registration and labor compliance
requirements. Notwithstanding the foregoing, the contractor registration requirements
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mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a
public works project that is exempt pursuant to the small project exemption specified in Labor
Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial
Relations against Contractor or any subcontractor that affect Contractor’s performance of
Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of
or resulting from such stop orders shall be considered Contractor caused delay and shall not be
compensable by the City. Contractor shall defend, indemnify and hold the City, its officials,
officers, employees and agents free and harmless from any claim or liability arising out of stop
orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Contractor of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon terminatio n, Contractor
shall be compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Contractor:
Inland Empire Landscaping
Attention: Joel Ibarra
2456 Kern Street,
San Bernardino, CA 92407
City:
City of San Jacinto
Attn: Andy Ramirez
595 South San Jacinto Avenue
San Jacinto, CA 92583
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Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed
to the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are
false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively,
“Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions,
or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants
or agents in connection with the performance of the Contractor’s services, the Project or this
Agreement, including without limitation the payment of all damages, expert witness fees and
attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the
extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to
liability for damages for death or bodily injury to persons, injury to property, or any other loss,
damage or expense arising from the sole or active negligence or willful misconduct of the City or
the City’s agents, servants, or independent contractors who are directly responsible to the City,
or for defects in design furnished by those persons.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor
shall also reimburse City for the cost of any settlement paid by City or its officials, employees,
agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert
witness fees. Contractor shall reimburse City and its officials, employees, agents and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to
indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials, employees, agents and authorized
volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900
et seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Contractor. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
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specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit
against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and
not work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs ar e for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation
assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
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Contractor further agrees to file, or shall cause its employees or subcontractors to file, a
Statement of Economic Interest with the City’s Filing Officer as required under state law in the
performance of the Services. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JACINTO
AND INLAND EMPIRE LANDSCAPING
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the
[***INSERT DAY***] day of [***INSERT MONTH***], 2019
CITY OF SAN JACINTO Inland Empire Landscaping
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
Approved By:
Robert A. Johnson
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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Exhibit A-1
EXHIBIT “A”
Scope of Services
1. Scope of Services
A. The intent of this Agreement is to secure Contractor which shall provide LANDSCAPE
MAINTENANCE and IRRIGATION SERVICES.
B. Contractor shall furnish all labor, tools, materials, and equipment, except where otherwise
specified, to provide landscape maintenance services as set forth in this Agreement.
C. Contractor shall be a licensed Contractor pursuant to the Business and Professions Code and shall
be licensed in the following appropriate classification(s) of Contractor’s license(s), for th e work and
must maintain the license(s) throughout the duration of the Contract: a valid C-27 Landscaping
Contractor.
D. All work shall be done in a thorough and workmanlike manner to the satisfaction of the General
Manager, or his authorized agent, and comply with all legal construction and landscape maintenance
practices. The premises shall be maintained at the level of se rvice provided for in these specifications
at all times.
E. Contractor shall have the duty to provide landscape maintenance of all work sites, including, but
not limited to the following:
1) Fertilize, prune, shape and trim trees, shrubs, vines and ground cover plants.
2) Control weeds and plant diseases.
3) Mow, edge and fertilize turf grass and blow hardscape clean.
4) Maintain plant material in a healthy condition with horticultura l acceptable growth and color.
5) Inspect, maintain and repair all irrigation systems in their entirety.
6) Perform general area clean-up, including the removal of leaves, trash, animal feces and other
debris from all the work sites.
7) Maintain all work sites in a safe, attractive and usable condition.
8) Maintain all hardscape, sidewalks, curbs, gutters (up to 5’ into the street), and drainage systems
free of weeds and debris at all times.
F. Contractor shall contact the assigned Area Inspector on a daily basis to discuss the Contractor’s
work schedule for the day, existing problems, or other important information.
G. Contractor shall perform a maintenance inspection, during daylight hours, of all areas. Such
inspection shall be both visual and operational. It shall include, but not be limited to, the operation of
all irrigation and/or other mechanical systems to check for proper condition and reliability.
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Exhibit A-2
H. Contractor shall attend a mandatory inspectors’ meeting each week in order to receive important
information and resolve any problems,
I. Contractor shall complete each month and turn into their Area Inspector a monthly NPDES log of
debris removed from storm channels.
J. Contractor shall recycle green waste generated from their contract performance and submit a
monthly report identifying the weight and/or volume of green waste recycled.
K. Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all
emergencies within two (2) hours of notification. (Emergencies that involve maintenance work
included in these general conditions shall not be compensated).
2. Areas To Be Maintained
A. Work sites may include medians, parkways, parks, basins slopes, sidewalks, gutters, greenbelt
areas, channels, natural areas, and drainage areas.
B. An identification of all areas to be maintained is provided in the attached maps.
C. Maps are supplied with this bid package are only approximate and may contain errors.
3. Area Work Standards
A. Method of Irrigation
1) Irrigation shall be done by the use of automatic or manual sprinkler systems where available and
operable. However, failure of the existing irrigation system to provide full and proper coverage shall
not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper
coverage to all areas in the work site.
2) All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The
Contractor SHALL furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this
supplemental irrigation.
3) Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into
existing underground improvements or structures.
4) Water supplied by the City or EMWD for irrigation may be Recycled Water, indicated by purple
color-coded sprinklers, valves, valve boxes, tags and signs. The Contractor understands that
Recycled Water is not intended for human contact or consumption.
5) Contractor accepts full responsibility for educating and monitoring its employees regarding safety
issues related to the presence and use of Recycled Water.
B. Initial Irrigation Inspection
1) Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all
work sites and identify all needed repairs.
5.3.c
Packet Pg. 338 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-3
2) Required repairs shall be submitted to the Public Works Area Inspector in a written statement
within two (2) weeks after the start date of the maintenance contract.
3) If a written statement which documents required repairs is not received within the stated time -
frame, the entire system shall be interpreted as fully operational, and deemed acceptable b y the
Contractor.
4) The City shall review and verify all submitted repairs from the initial inspection. Repairs must be
completed within 48 hours upon approval by the Area Inspector. Such repairs will include all parts,
labor, and taxes per the City accepting the lowest proposed bid on the Irrigation Price Sheet.
5) Upon completion of all repairs following the initial inspection, the Contractor shall sign -off each
individual area as being fully operational.
C. Weekly/Monthly Irrigation Inspections
1) Contractor shall visually inspect the operation of the irrigation systems weekly for any
malfunctions.
2) Each month Contractor shall conduct a “Full Valve and Sprinkler Test” for their responsible site.
This includes, but is not limited to tightening of loose fittings a nd packing nuts; flushing sprinkler
heads, pipes, nozzles, valves, filters, strainers, and backflow devices; adjusting sprinkler heads, anti -
drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters.
3) All system malfunctions, damage and obstructions shall be recorded, reported to Area Inspector
and given corrective action.
D. Irrigation Maintenance and Repairs
1) Contractor shall maintain all irrigation systems in such a way as to:
a) Guarantee proper coverage and full working capability.
b) Make whatever adjustments may be necessary to prevent overspray or excessive runoff into street
right-of-ways or other areas not meant to be irrigated.
2) All repair estimates must be pre-approved and signed off by the Area Inspector before work is
conducted.
3) Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational
system, including but not limited to, pressure pipes from the water meter to the control valves, all
irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems, backflow
devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti -drain
valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers,
valve boxes, controllers, valve markers, batteries, fittings and risers.
4) Irrigation repairs shall be made within the following time limits:
5.3.c
Packet Pg. 339 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-4
a) Mainline irrigation breaks shall be repaired within t wo (2) hours of identification or notification.
b) All other irrigation repairs shall be made within 48 hours of identification or notification.
Failure to complete irrigation repairs in the timeframes listed above will result in the Public
Works utilizing City forces, or an alternate source, to correct the deficiency and deduct from the
Contractor's payment the total cost, including City overhea d.
5) Replacement of irrigation components shall be with originally installed materials of the same size
and quality or better. Substitutions must be pre-approved by the Public Works Department in writing
prior to installation.
E. Water Conservation
1) Contractor shall turn off all non Cal-Sense irrigation systems during periods of rainfall and/or
times when suspension of irrigation is desirable to conserve water while remaining within the
guidelines of good horticultural and acceptable maintenance practices. The Contractor shall notify
the Area Inspector any time irrigation systems are turned off and turned back on. Any negligence by
the Contractor resulting in dead landscape or water fines will be the responsibility of the Contractor.
2) Contractor shall comply with all City of San Jacinto Ordinances and/or Resolutions which relate to
water conservation.
F. Turf Grass Care
1) Turf Grass Mowing:
a) Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to
provide a smooth and even cut without tearing turf grass blades.
b) The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.
c) All warm season turf grasses (Bermuda, St. Augustine, Kikuyu, or similar) shall be cut at a one (1)
inch height throughout the year.
d) All cool season turf grasses (Fescue, Bluegrass, Ryegrass) shall be cut at a two and one -half (2
1/2) inch height throughout the year.
e) Turf grass mowing heights may be adjusted by the Public Works Depart ment during periods of
turf grass renovation.
f) All turf grass clippings shall be picked up and removed to a legal dumping site prior to vacating
the work site after each mowing.
g) Care shall be exercised to avoid depressions in the established grade from mowing when the soil is
saturated.
h) Contractor shall submit, in writing, a mowing schedule within ten (10) days after the start of the
maintenance contract. This mowing schedule shall be approved by Public Works.
5.3.c
Packet Pg. 340 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-5
2) Turf Grass Edging and Trimming:
a) Edging of turf grass shall be performed in all areas will ensure a clean and uniformed appearance.
b) Trimming of turf grass shall be performed along walls, and around valve boxes, water meter
boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
c) All tree trunks must be protected during maintenance from equipment damage
d) In areas where there is no mow curb, a six (6) inch barren strip shall be provided, and maintained,
between turf grass and adjacent ground cover. Edging of turf grass and ground cover shall provide
uniform delineation adjacent to this barren strip.
e) Trimming of plant material may be required around sprinklers to provide maximum irrigation
coverage.
f) All clippings and trimmings shall be removed from the work site the same day work is performed
and prior to a Contractor vacating the work site. At no time shall the Contractor blow clippings into
the planter, street, or storm drain areas.
g) The mowing and edging of turf grass in a designated worksite within the timeframe indicated on
the contract schedule will be considered one complete cycle.
3) Turf Grass Fertilization:
a) The turf grass shall be fertilized four times a year to provide a he althy, vigorous, and
horticulturally acceptable growth and color, as determined by Public Works.
b) Fertilization shall be performed with a balanced fertilizer at a rate of one (1) pound of actual
Nitrogen per 1,000 square feet of area. Fertilizer and labor shall be provided by the Contractor at no
extra charge.
c) The schedule for fertilization shall be conducted in every March, June, September, and December.
d) Contractor shall immediately irrigate after each fertilizer application.
e) All fertilizer applications shall be performed with properly calibrated equipment to provide a
uniform application.
f) Aerate (June – July) Aerator must be commercial grade and plugs should be a minimum of 3”.
g) Over-seed Oct. 15 Tall Fescue. Seed will be provided by City.
G. Weed Control
1) For the purpose of these specifications, a weed will be considered as "any undesirable or
misplaced plant" determined by Public Works.
5.3.c
Packet Pg. 341 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-6
2) All areas within the specified maintenance, including but not limited to turf, grass, shrub and
ground cover areas, planters, tree wells, playgrounds, maintenance yards, drainage ditches, basins,
channels, and hardscape areas shall be kept free of weeds at all times.
3) Weed removal shall consist of complete removal of a ll weeds, including top growth and roots, as
the weeds appear.
4) Weed control shall be performed weekly on the same day of maintenance.
5) The removal of all weeds from a designated worksite within the timeframe indicated on the
contract schedule will be considered one complete cycle.
6) Weeds shall be controlled either by hand or mechanical methods. Any chemical methods must be
pre-approved by the Public Works Department and include blue/green dye.
H. Shrub Care
1) Pruning of Shrubs:
a) All shrubs growing in the work areas shall be pruned as per attached schedule to encourage
healthy growth habits, removal of dead or damaged branches, and maintain natural shape.
b) Shrubs shall be pruned with sharp pruning tools and no weed eaters.
c) Shrubs shall be continually pruned, as necessary, to prevent encroachment of passage ways, walks,
streets, and view of signs. Shrubs shall be tapered to provide irrigation coverage and an aesthetically
pleasing landscape.
d) All pruning cuts shall be one quarter (1/4) inch above a node (bud). No projections or stubs shall
be allowed to remain.
e) Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the
work site.
f) Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air
movement through the shrub.
g) Shearing or severe pruning shall not be permitted without prior written permission from the Public
Works Department.
h) The hedging of all shrubs in a designated worksite within the timeframe indicated on the contract
schedule will be considered one complete cycle.
2) Irrigation of Shrubs:
a) All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
b) Irrigation run-off and overspray shall be minimized.
3) Shrub Replacement:
5.3.c
Packet Pg. 342 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-7
a) All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species
of plant and size of plant will be determined by the Department. Contractor shall be responsible for
the complete removal and replacement of shrubs lost due to the Contractor's faulty maintenance or
negligence, as determined by the Public Works Department.
b) Substitutions for any plant materials must have prior written approval by the Public Works
Department.
c) Original plans and specifications shall be consulted to determine correct identification of species.
d) All shrubs shall be guaranteed to live and remain in a healthy condition for no less than twelve
(12) months from the date of installation, inspection and verification by the Public Works
Department.
e) Care shall be taken to prevent soil build-up around the crown of shrubs.
I. Vine Care
1) Vines and espalier plants shall be checked regularly and secured to the wall or support on an as
needed basis.
2) Vine Trimming:
a) All vines shall be trimmed monthly or as required by the Area Inspector.
b) All vines shall be maintained so encroachment into adjacent pedestrian right-of-way, shrubs,
ground cover, or private property is inhibited.
c) The trimming of all vines in a designated worksite within the timeframe indicated on the contract
schedule will be considered one complete cycle.
3) Vine Irrigation:
a) All vines shall be irrigated to maintain a healthy and attractive appearance.
b) Where possible the vine irrigation shall be on a separate program from turf grass.
J. Ground Cover Care
1) Ground covers are low growing plants that grow in colonies to form a solid mat over the surface of
the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited
to arctotheca, gazania, vinca, lonicera, ivy, trachelosperum, and varieties of iceplant.
2) Edging and Trimming of Ground Cover:
a) Edging of ground cover areas shall be performed weekly or as required by the Area Inspector.
b) All ground cover adjacent to sidewalks, curbs, mowing strips, or where no improved surface
exists, shall be edged in a neat, uniform line.
c) All ground cover shall be continually trimmed at the drip line of all shrubs.
5.3.c
Packet Pg. 343 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-8
d) All ground cover shall be continually trimmed along walls, valve boxes, water meter boxes,
backflow devices, or other structures located within the ground cover area as determined by the
Public Works Department.
e) Trimming of ground cover may be required around sprinklers to provide maximum irrigation
coverage.
f) All clippings and trimmings shall be removed from the work site the same day work is performed
and prior to the Contractor vacating the work site.
g) After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters.
h) The edging and trimming of ground cover in a designated worksite within the timeframe indicated
on the contract schedule will be considered one complete cycle.
3) Ground Cover Irrigation: All ground cover areas shall be adequately irrigated to maintain a
healthy and attractive appearance. Irrigation run-off and overspray shall be minimized.
K. Tree Care
1) Tree Trimming:
a) Contractor shall be responsible for all tree trimming, including the removal of palm fronds and
flower stalks, from all trees in the zone from zero (0) up to (20) twenty feet in height regardless of
the total height of the tree.
b) Contractor shall perform tree pruning on a monthly basis or as directed by the Area Inspector to
provide a well-groomed, "laced out" appearance for all trees which encourages air movement through
the tree canopy.
c) All trees in the work site shall be maintained in their natural shapes. This work shall be
accomplished in a manner which will ensure that each individual tree is trimmed carefully to promote
the tree's health and appearance.
d) All work shall be of the highest quality and performed in accordance with approved professional
tree trimming standards.
f) All trees shall be pruned within 48 hours upon notification to remove or prevent encroachment
where it blocks vision or encroaches in any manner deemed undesirable by the Public Works
Department.
g) All trees shall be continually maintained free of all dead, diseased and damaged branches back to
the point of breaking. Cuts must be made flush with the collar to promote proper healing. Pruning
tools shall be adequately sharpened to provide clean cuts and shall be properly sterilized to reduce
spread of disease.
h) All sucker growth is to be removed from trees as it occurs.
5.3.c
Packet Pg. 344 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-9
i) Contractor shall maintain all branches which encroach sidewalks at a minimum height of ten (10)
feet clearance and a minimum fourteen (14) foot clearance from road surface for branches which
encroach beyond the curb line into the street.
j) All branches which encroach over private property shall be removed as directed.
k) Contractor shall not remove or disturb any tree central leader without prior written approval from
the Public Works Department.
2) Tree Staking:
a) Contractor shall, at no additional cost to the City, stake and tie all trees which require support.
b) Tree stakes shall be pentachlorophenol treated, lodge pole pine not less than eight feet (8') in
length. Two (2) tree stakes are required per tree.
c) Guy wires where required will be of pliable, zinc-coated ten-gauge wire (three ties per tree) and
should have a white P.V.C. sleeve for visibility.
d) Trees shall be secured to stakes with cinch ties or equivalent. Contractor shall not use wire and
hose.
e) Stakes shall not be placed closer than eight (8) inches from the tree trunk.
f) Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and
re-tied as necessary, to prevent girdling.
3) Tree Replacement:
a) Contractor shall be responsible for the complete removal and replacement of trees lost due to the
Contractor's faulty maintenance or negligence, as determined by the Public Works Department.
b) Replacement shall be made by the worksite Contractor with the kind and size determined by the
Public Works Department.
c) Where there is a difference in value between the tree lost and the replacement tree, this difference
will be deducted from the Contractor's payment.
d) In all cases the value of the trees lost will be determined by the Public Works Department, using
the latest American Shade Tree Conference guidelines for value determination.
e) Downed trees, due to any cause, shall be removed and the stump ground to a depth of 12” and re -
filled the same day of identification or notification.
f) Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor
with a twenty-four (24) inch box tree. The Public Works Department may specify a species of tree
for replacement different from the one lost.
4) Tree Irrigation:
a) All trees shall be adequately irrigated to maintain a healthy and attractive appearance.
5.3.c
Packet Pg. 345 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-10
b) Irrigation run-off and overspray shall be minimized.
L. Disease Control
1) Contractor shall regularly inspect all landscaped areas for the presence of dise ase, snail, and insect
infestation. The Contractor shall advise the Public Works Department, in writing, within four (4)
days when any disease, snail, insect infestation is found; he shall identify the disease, snail, insect
and specify control measures to be taken. The Contractor shall implement control measures,
exercising extreme caution in the application of all spray materials, dusts or other materials utilized.
2) Approved control measures shall be continued until the disease, snail or insect is con trolled to the
satisfaction of the Public Works Department. The Contractor shall utilize all safeguards necessary
during disease, snail, or insect control operations to ensure safety of the public and the employees of
the Contractor.
M. Green Waste Disposal
1) Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips
and other garden organic materials.
2) Contractor shall be responsible for recycling all green waste generated from their contract
performance.
3) Contractor shall have the duty to keep all green waste from being contaminated to an extent it no
longer can be recycled.
4) Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of
recycling.
5) Contractor shall submit a monthly report identifying the weight and/or volume of green waste
recycled during the preceding month. Payment of maintenance invoice will not be made until green
waste monthly report is completed and received by the Public Works Department.
N. General Clean-up
1) Litter/Debris Removal. All areas in the work sites shall be kept free of, but not limited to, the
following items: bottles, glass, cans, paper, cardboard, metallic items, and other debris. In addition,
dog feces are also to be removed from the walkways, turf or ground cover areas.
Contractor shall promptly remove from the work area, all debris generated by their performance.
2) Curb and Gutter Maintenance. The Contractor is responsible for removal of all weeds and grass
growing in and around the curb and gutter area. The Contractor are responsible to insure the roadway
is cleared of all dirt and debris within four (5') feet of the curb and gutter in all areas adjacent to
maintenance responsibilities.
3) Walkway Maintenance. Walkways shall be cleaned immediately following mowing and edging
and cleaned by use of power sweeping or blower equipment. This includes removal of all foreign
5.3.c
Packet Pg. 346 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-11
objects from surfaces. All walkway cracks and expansion joints shall be maintained weed and grass
free at all times.
4) Drain Maintenance. All drains and catch basins shall be kept free of siltation and debris at all
times. All v-ditches and drainage areas shall be kept clean and edged regularly by the Contractor.
5) Removal of Leaves. Accumulation of leaves shall be removed from all areas and not blown under
the shrubs.
6) Removal of Damaged Plant Material. All dead, damaged, declining, hazard ous or broken plant
material (trees, shrubs, vines, ground cover, turf), whether a result of the Contractor’s negligence or
an Act of God shall be removed by the Contractor at no additional cost to the City.
Scope of Services Summary
O. Scope of Services Summary:
1. Weekly work
a) Mow, Edge, and Fertilize
• Complete mow of all turf or similar maintenance work as directed by the Public Works
Department
• City property damaged by the Contractor will be repaired immediately at the Contractor’s
expense
• When not mowing (e.g. winter months or rain) the Contractor will trim, edge, and pick up
debris/trash
b) Weed, Edge, Blow
• Weed removal shall consist of complete removal of all weeds, including top growth and
roots, as the weeds appear. Application of herbicide with blue/green dye will only be
permitted upon written approval from the Public Works Department
c) Trash/Debris Removal
• Complete removal of all trash, fugitive soils, pine needles, leaves, weeds from all areas
• Complete blowing of debris, up to washing sidewalks
• Includes sidewalks and 5’ into the street
d) Channels and Drains
• All v-ditches, gutters, drains, inlets, outlets, pipes, and grates of any size must be
maintained free of all debris, mud, and silt.
• Mud, debris, and silt needs to be removed and not thrown onto slopes
e) Trees and Vines Trimming
• Skirt all trees to 10' regardless of branch thickness
• Trim all tree areas to keep signs & lighting visible
• Trees are not to be topped unless for safety
• As directed, remove tree stakes and re-stake leaning trees
f) Shrubs/Bushes
• Keep all signs & lighting visible, trim shrubs 2’ away from walls
5.3.c
Packet Pg. 347 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-12
• Ensure all trimming allows spray heads to have proper clearance and coverage
• Remove dead shrubs / bushes (at no additional cost)
• Various trim measurements as directed by the Public Works Department
g) Raking
• Keep playground sands and mulch raked evenly
h) Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond
to all emergencies within two (2) hours of notification. (Emergencies that involve
maintenance work included in these general conditions shall not be compensated ).
2. Monthly work
a) NPDES Tracking Sheet (Due at the end of each month)
• Report debris yardage removal from channels
b) Basins (maintained twice each month)
• All shrubs shall be kept trimmed down to 2-3’ in height
• Ensure all areas are trash free and drains are clear of debris
• Remove all weeds on slopes (blue/green dye herbicide spray permitted upon written approval)
c) Green Waste
• Contractor shall recycle green waste generated from their contract performance and submit a
monthly report identifying the weight and/or volume of green waste recycled.
3. Quarterly Work
a) Fertilization
• Fertilize four times a year (March, June, September, December) at no additional cost
4. Yearly Work
a) Aerate (June – July) Aerator must be commercial grade and plugs should be a minimum of 3”.
b) Over-seed Oct. 15 tall fescue. Seed will be provided by City.
5. Identification, Communication, Compliance
a) Company Logos
• All Contractor vehicles must have company logos on vehicles. Workers must also have reflective
shirts or vests with company logos.
b) Communication
• Contractor must respond the same day to the Public Works Department phone calls and / or
emails
• The City reserves the right to stop regular maintenance and have Contractor crews assist with
debris removal during unfavorable weather conditions (no extra pay)
c) Compliance
• Any missed work will forfeit the entire week(s) charge and will be deducted from the monthly
bill
5.3.c
Packet Pg. 348 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit A-13
The following are assigned maintenance areas for Inland Empire Landscaping and are subject to
change at the sole discretion of the City:
LLPD1 areas
Heritage Ranch
Skyview Park, NW Ramona Blvd., SW Ramona Blvd.
NW Ramona Expressway, SW Ramona Expressway
LLPD2 zones and basins
Zone 1
Zone 3
Zone 5
Zone 6
Zone 7
Zone 8
Zone 11
Zone 13
Zone 21
Zone 23
Zone 25
Zone 26
Zone 27
Zone 29
Zone 32
Zone 38
Zone 40
Zone 41
Zone 43
Zone 45
Zone 46
Zone 51
Zone 53
Zone 55
Zone 59
Zone 62
Zone 63
Zone 64
Zone 65
Zone76
5.3.c
Packet Pg. 349 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
(BB&K 2018)
24438.00000\29878479.2
Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
The Contractor shall provide the City a detailed schedule for weekly maintenance of assigned
areas. The City reserves sole discretion to change or modify the schedule.
5.3.c
Packet Pg. 350 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
Exhibit D-1
24438.00000\29878479.2
EXHIBIT “C”
COMPENSATION
The following price sheet includes established rates for extra work.
Irrigation Unit Price Sheet
CONTRACTOR: EST# ZONE:
Parts
Quantity
Subtotal
Price =
(cost+labor) Subtotal
*1804 Rain Bird Pop-Up Complete(SAM) 4" 15
*1806 Rain Bird Pop-Up Complete(SAM) 6" 25
*1812 Rain Bird Pop-Up Complete(SAM) 12" 30
*Hunter Rotor Gear Drive (I-20 Complete) Plastic 4" 30
*Hunter Rotor Gear Drive (I-20 Complete) Plastic 6" 45
*Hunter Rotor Gear Drive (I-20 Complete) Plastic 12" 50
*Hunter Rotor Gear Drive Complete (I-25) 4" 55
*Hunter Rotor Gear Drive Complete (I-25) 6" 60
* ¾ Rain Bird Plastic valve in place (PEB) 3/4" 125
* 1 Rain Bird Plastic valve in place (PEB) 1" 160
* 1 1/2 Rain Bird Plastic valve in place (PEB) 1 1/2" 205
*2” Rain Bird plastic valve in place (PEB) 2" 240
*¾ Superior brass in place 3/4" 160
1” Superior Globe Brass Valve 1" 200
*1 ½” Superior Globe Brass Valve (Master
Valve) 1 1/2" 315
*2” Superior Globe Brass Valve 2 " 350
Cal-Sense Flow Meter 1.5" 860
Cal-Sense 8 station module upgrade (CS 3000) 675
5.3.c
Packet Pg. 351 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
Exhibit D-2
24438.00000\29878479.2
*Rain Bird Spray nozzle and Drip Emitter 5
*Wiper Seal in place 10
*Capping 10
*Swing Joint Marlex 15
*Solenoid 50
*Battery Clock (with batteries) NODE 1 Station 190
*Battery Clock (with batteries) NODE
4
Stations 240
Reclaimed water parts
*Hunter I-20 Complete Reclaimed Purple 4" 45
*Hunter I-20 Complete Reclaimed Purple 6" 65
*Hunter I-20 Complete Reclaimed Purple 12" 75
* ¾ Rain Bird valve in place (PES) Reclaimed 3/4" 175
* 1 Rain Bird valve in place (PES) Reclaimed 1" 240
* 1 1/2 Rain Bird valve in place (PES) Reclaimed 1 1/2" 270
* 2 Rain Bird valve in place (PES) Reclaimed 2" 300
*Clean Y Strainer 40/hr.
*Purple Caps Pop Ups and Rotors 7
All Prices include tax, parts, time/labor at prevailing wage, subject to change by
D.I.R.
Irrigation Check per valve, includes adjusting all rotars/nozzles per
valve (each zone must be completeted by end of each month) 6
Extra Labor work (additional work) 40/hr.
Trouble Shooting -per valve, flow sensor, or equivalent, foreman 60/hr.
Drip line & Emitter, Lateral break, etc.
Labor
+parts
5.3.c
Packet Pg. 352 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
Exhibit D-3
24438.00000\29878479.2
Tree Price Sheet
Size Price (all materials, stakes, 90 day warranty, labor)
24" box $275
36" Box $875
48" Box $1,650
60" Box $4,450
Plant Price Sheet
Size Price (all materials, 90 day warranty, labor)
5 gallon $22
15 gallon $90
25 gallon $275
*For most common plants
DG & Mulch Price Sheet
Type
Per
Cubic
Yard
Price (all materials and labor)
DG $50 $90
3” Premium Forest
Blended Mulch $25.10 $55
Soil Removal
(rehabilitation projects) $60
5.3.c
Packet Pg. 353 Attachment: Inland Empire Agreement (Award Landscape and Irrigation Maintenance Agreements)
Inland Empire Elite Executive Inland Elite Executive Recommendation Location Notes
LLPD1 Locations Yearly Cost:Yearly Cost:Yearly Cost:Current Budget
Annedale 1,027.91$ 8,400.00$ 840.00$ 1,200.00 -14%600%-30%Executive East of State
City Hall 6,348.84$ 4,800.00$ 840.00$ 768.00 727%525%9%Executive East of State
Cottonwood &Palm and Fig & Sage
Dave's Hauling - ROW,
as needed
Inland $4,940, Elite $30,000,
Executive 3,000
Country Village and SE Ramona Exp -$ -$ -$
Dave's Hauling - ROW,
as needed
Main Street Planters, Downtown
Pocket Park, Virginia Lee and 5th
Street Parking Lot 11,488.37$ 24,000.00$ 2,640.00$ 2,172.00 429%1005%22%Executive East of State
Druding Park and Estudillo Park 8,162.79$ 15,600.00$ 5,280.00$ 7,380.00 11%111%-28%Executive East of State
East 7th Street 1,560.00$ 7,200.00$ 720.00$ 756.00 106%852%-5%Executive East of State
Esplanade Medians 5,460.00$ 20,400.00$ 3,000.00$ 1,188.00 360%1617%153%Executive East of State
Estudillo Mansion 9,069.77$ 20,400.00$ 7,200.00$ 3,840.00 136%431%88%Executive East of State
Heritage Ranch 2,700.00$ 12,000.00$ 3,000.00$ 2,700.00 0%344%10%Inland East of State
Hewitt to Commonwealth and Evans 4,680.00$ 24,000.00$ 2,100.00$ 1,200.00 290%1900%75%Executive East of State
Hoffman Park Complex 11,488.37$ 12,000.00$ 5,400.00$ 2,340.00 391%413%131%Executive East of State
La Entrada 1,560.00$ 3,600.00$ 480.00$ 588.00 165%512%-18%Executive East of State
De Anza and Main 1,300.00$ 3,600.00$ 600.00$ 0.00 1300%3600%600%Executive East of State
Mistletoe Park 7,860.47$ 14,400.00$ 5,400.00$ 7,272.00 8%98%-26%Executive East of State
North Esplanade Ave 9,880.00$ 42,000.00$ 7,800.00$ 7,200.00 37%483%8%Executive East of State
Old Mountain Medians 3,640.00$ 31,200.00$ 6,000.00$ 4,800.00 -24%550%25%Executive East of State
Ramona Boulevard Medians 4,420.00$ 20,400.00$ 4,200.00$ 2,640.00 67%673%59%Executive East of State
Rancho Park 13,906.98$ 28,800.00$ 7,200.00$ 8,400.00 66%243%-14%Executive East of State
Rancho San Jacinto Basins 1-10 and
Channels 9,679.98$ 60,000.00$ 91,200.00$ 90,549.00 -89%-34%1%Executive East of State Inland underbidded
San Jacinto Medians N/A N/A $3,000 0.00 3000%Executive East of State
Sallee Park 25,395.35$ 18,000.00$ 7,800.00$ 7,560.00 236%138%3%Executive East of StateSkyview Park, NW Ramona Blvd, SW
Ramona Blvd, NW Ramona
Expressway and SW Ramona
Expressway 9,600.00$ 42,000.00$ $15,000.00 9,600.00 0%338%56%Inland West of State
Soboba Spring 11,488.37$ 30,000.00$ 10,200.00$ 12,000.00 -4%150%-15%Executive East of State
The Estates 10,660.00$ 21,600.00$ 2,400.00$ 1,716.00 521%1159%40%Executive East of State
Total:171,377.19$ 494,400.00$ 192,300.00$ 175,869.00$ -3%181%9.34%
Inland Elite Executive Inland Elite Executive Recommendation Location Notes
LLPD2 + Basin(s)Yearly Cost:Yearly Cost:Yearly Cost:Current Budget Levy
Zone 1 Sagecrest 28,941.00$ 28,560.00$ 15,300.00$ 28,941.00$ 100%0%-1%-47%Inland West of State
Zone 2 Meridian 1,791.48$ 11,220.00$ 2,160.00$ 2,160.00$ 100%-17%419%0%Executive East of State
Zone 3 San Jacinto Ranch 21,767.40$ 25,500.00$ 16,800.00$ 16,799.00$ 80%30%52%0%Inland West of State
Budget can absorb. Levy will
need to be increased
Zone 4 Timothy Lane 2,999.04$ 13,770.00$ 4,200.00$ 737.00$ 100%307%1768%470%Dave's Hauling East of State
Original engineer's estimate
was poorly conceived. To be
maintained on an as needed
basis.
Zone 5 Sunset Ranch 7,255.80$ 10,200.00$ 8,400.00$ 9,360.00$ 100%-22%9%-10%Inland West of State
Zone 6 Heritage Farm 5,520.00$ 14,280.00$ 11,400.00$ 5,520.00$ 100%0%159%107%Inland West of State
Zone 7 Tesoro 32,651.16$ 23,970.00$ 18,000.00$ 28,080.00$ 80%16%-15%-36%Inland West of State
Zone 8 Meadowbrook I 32,892.96$ 32,640.00$ 18,600.00$ 26,976.00$ 80%22%21%-31%Inland West of State
Budget can absorb. Levy
increase will need to occur
18-19 FY
Increase / Decrease to each LLPD2
Increase / Decrease to General Fund
5.3.d
Packet Pg. 354 Attachment: Cost Analysis.Landscape Irrigation (Award Landscape and Irrigation Maintenance Agreements)
Zone 9 Goldencrest 8,162.76$ 14,280.00$ 14,880.00$ 14,880.00$ 60%-45%-4%0%Executive West of State
Zone 10 Maravilla East & West RSJ 9,372.12$ 11,220.00$ 2,160.00$ 2,160.00$ 100%334%419%0%Executive East of State
Zone 11 Sandalwood 19,920.00$ 22,440.00$ 19,800.00$ 19,920.00$ 100%0%13%-1%Inland West of State
Zone 13 Park Meadows 19,953.48$ 25,500.00$ ;10,800.00$ 24,336.00$ 70%-18%5%-56%Inland West of State
Zone 16 La Perla 1,813.92$ 3,060.00$ 480.00$ 446.00$ 70%307%586%8%Executive East of State
Budget can absorb. Levy
increase will need to occur
18-19 FY
Zone 17 Cloverfield 1,813.92$ 1,530.00$ 600.00$ 590.00$ 60%207%159%2%Executive East of State
Budget can absorb. Levy
increase will need to occur
18-19 FY
Zone 19 Wal-Mart 7,558.08$ 8,160.00$ 1,800.00$ 1,613.00$ 20%369%406%12%Executive East of State
Budget can absorb. Levy
increase will need to occur
18-19 FY
Zone 20 Durango 13,786.08$ 22,440.00$ 15,060.00$ 15,060.00$ 100%-8%49%0%Executive East of State
Zone21 Arterra 11,186.04$ 24,480.00$ 10,800.00$ 14,400.00$ 80%-22%70%-25%Inland West of State
Zone 22 Park Hill 8,948.88$ 20,400.00$ 13,632.00$ 13,140.00$ 75%-32%55%4%Executive East of State
Zone 23 Summerfield Ranch 4,534.92$ 20,400.00$ 6,600.00$ 3,480.00$ 70%30%486%90%Inland West of State
Budget can absorb. Levy
increase will need to occur
18-19 FY
Zone 25 Stallions Crossing 5,744.16$ 21,420.00$ 8,400.00$ 11,520.00$ 100%-50%86%-27%Inland West of State
Zone 26 The Ranch 20,739.60$ 39,780.00$ 25,200.00$ 30,720.00$ 100%-32%29%-18%Inland West of State
Zone 27 Potter Ranch 15,769.32$ 16,320.00$ 12,600.00$ 21,360.00$ 90%-26%-24%-41%Inland West of State
Zone 29 Creekside 12,697.68$ 24,480.00$ 17,400.00$ 17,040.00$ 100%-25%44%2%Inland West of State
Zone 31 Belicia Ranch 6,288.36$ 7,140.00$ 3,900.00$ 3,816.00$ 95%65%87%2%Executive East of State
Zone 32 Cottonwood Ranch 15,418.56$ 25,500.00$ 19,200.00$ 19,920.00$ 100%-23%28%-4%Inland West of State
Zone 38 Conventry Acres 12,697.68$ 24,480.00$ 17,400.00$ 27,360.00$ 100%-54%-11%-36%Inland West of State
Zone 39 Artesian 6,699.48$ 6,120.00$ $1,440 1,440.00$ 100%365%325%0%Executive East of State
Zone 40 Winners Circle 780.00$ 2,040.00$ 300.00$ -$ 30%Inland West of State
Budget can absorb. Levy
increase will need to occur
18-19 FY. Previously abated
on as needed basis after DG
rehab
Zone 41 Mosaico 7,255.80$ 24,480.00$ 10,800.00$ 12,960.00$ 80%-44%89%-17%Inland West of State
Zone 43 Remington/Lyndon Trails 11,790.72$ 36,720.00$ 20,400.00$ 44,640.00$ 90%-74%-18%-54%Inland West of State
Zone 45 Tamarisk 13,785.96$ 35,700.00$ 22,200.00$ 30,000.00$ 85%-54%19%-26%Inland West of State
Zone 46 Parkside Village 8,827.92$ 22,440.00$ 11,400.00$ 11,712.00$ 80%-25%92%-3%Inland West of State
Zone 51 San Jacinto/ W. Esplanade
Center 5,720.04$ 18,360.00$ 7,800.00$ 10,000.00$ 100%-43%84%-22%Inland West of State
Zone 53 Pomegranate Park - only 6,500.04$ 8,160.00$ 5,400.00$ 5,760.00$ 30%13%42%-6%Inland West of State Buget can absorb
Zone 55 Julian Park - only 5,986.08$ 8,160.00$ 4,200.00$ 5,760.00$ 25%4%42%-27%Inland West of State Buget can absorb
Zone 59 Rite Aid 4,160.04$ 8,160.00$ 7,500.00$ 9,360.00$ 70%-56%-13%-20%Inland West of State
Zone 62 Meadowbrook II 5,208.00$ 15,300.00$ 12,000.00$ 5,208.00$ 100%0%194%130%Inland West of State
Zone 63 Catalpa 36,581.40$ 25,500.00$ 19,800.00$ 48,000.00$ 60%-24%-47%-59%Inland West of State
Zone 64 Enclave 1,299.96$ 3,060.00$ 1,200.00$ 50%Inland West of State
Budget Budget can absorb.
Levy increase will need to
occur 18-19 FY. Previously
abated on as needed basis
after DG rehabilitation
Zone 65 Cheyenne 3,670.20$ 6,630.00$ 7,200.00$ 2,400.00$ 50%53%176%200%Inland West of State
Budget can absorb. Levy
increase will need to occur
18-19 FY
Zone 67 RSI Park Avenue 2,055.84$ 6,120.00$ 3,600.00$ 3,600.00$ 90%-43%70%0%Executive East of State
Zone 68 Shaver 810.24$ 3,060.00$ 468.00$ 468.00$ 60%73%554%0%Executive East of State
Zone 76 Shea Homes 15,086.04$ 30,600.00$ 23,700.00$ 22,680.00$ 80%-33%35%4%Inland West of State
Zone 88 Family Dollar 2,340.00$ 3,060.00$ 1,200.00$ 9,600.00$ 100%-76%-68%-88%Executive East of State
468,782.16$ 756,840.00$ 456,180.00$
5.3.d
Packet Pg. 355 Attachment: Cost Analysis.Landscape Irrigation (Award Landscape and Irrigation Maintenance Agreements)
January 22, 2019
TO: City Council
REQUESTED BY: Angela Walton, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Planning Commission Ad Hoc Committee
RECOMMENDATION:
Staff recommends that the City Council consider forming a Planning Commis sion Ad Hoc
Committee for the purpose of opening recruitment and conducting interviews for one Planning
Commissioner due to the resignation of a Planning Commissioner with an unexpired term.
DISCUSSION:
Planning Commissioner Jerry Mossbarger submitted his resignation from Planning Commission
effective on January 31, 2019, leaving an unexpired term which will end on January 31, 2022.
According to San Jacinto Municipal Code Chapter 2.32, if a vacancy in the membership of the
city Planning Commission occurs otherwise than by expiration of term, it shall be filled by
appointment for the unexpired portion of the term.
Under the Maddy Act, the City is required to post a notice of the vacancy within 20 days of the
vacancy occurring. The posting must remain up for at least 10 days in order to give members of
the public the opportunity to apply for the position. The City Clerk will post notice of the
vacancy on the City’s website and in any other locations directed by the City Council.
Upon receipt and review of applications, the ad hoc committee will then conduct interviews of
qualified candidates and make a recommendation to the City Council.
FISCAL IMPACT:
None.
5.4
Packet Pg. 356