April 18, 2022 Council Packet 140
13. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
14. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
15. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
16. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
17. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
18. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of anyone or more of such rights, powers or
April 18, 2022 Council Packet 141
remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"CITY"
City of Selma
"CONSULTANT"
Gateway Engineering, Inc.
By: ______ ------------------- By: ____________________ __ Fernando Santillan, City Manager Daniel Bond, PE, President Attest:
By: __________________________ __
Reyna Rivera, City Clerk
Approved as to form:
By: __________________________ _
Mary F. Lerner, City Attorney
Attachments: Exhibit A
Exhibit B
Exhibit C
Scope of Services
Rate Schedule
Insurance Requirements
April 18, 2022 Council Packet 142
EXHIBIT A
SCOPE OF SERVICES
Project: Dinuba-McCall Signalization (CMAQ) Project
Scope of Services
See attached "Proposal- McCall Avenue & Dinuba Avenue - Traffic Signal Improvements - CML -5096(040)"
April 18, 2022 Council Packet 143
Fee Proposal
EXHIBIT B
RATE SCHEDULE
Consultant proposes to perform the above-referenced scope of services for the Project not to exceed the lump sum fee of $182,000, pursuant to the following rate schedule:
Employee Classification
Senior Engineer
Senior Land Surveyor
Associate Engineer
Associate Land Surveyor
Staff Engineer
Engineering Tech
Land Surveying Tech
Assistant Engineering Tech
Assistant Surveying Tech
GIS Technician
Clerical
Expert Witness
Survey Crews (Non-Prevailing Wage)
One man crew
Two-man crew
Survey Crews (Prevailing Wage)
One man crew
Two-man crew
Reimbursable Expenses
Hourly Rate
$170/ hr
$170/ hr
$140/ hr
$130/ hr
$110/ hr
$100/ hr
$110/ hr
$ 80/ hr
$ 75/ hr
$ 80/ hr
$ 70/ hr
$300/ hr
Hourly Rate
$160/ hr
$240/ hr
Hourly Rate
$225/ hr
$300/ hr
Actual cost + 15%
April 18, 2022 Council Packet 144
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 0001 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.
Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.
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Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. ConSUltant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
April 18, 2022 Council Packet 146
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City shall bear the cost of the additional cost.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
April 18, 2022 Council Packet 147
ENGINEERING, INC.
March 2, 2022
Fernando Santillan
City Manager, City of Selma
1710 Tucker Street
Selma, CA 93662
Subject: McCall Avenue & Dinuba Avenue - Traffic Signal Improvements - CML-S096(040) Selma, CA
Dear Fernando:
Project Understanding
The intersection of McCall and Dinuba Avenues is currently a 4-way stop. A Traffic Signal will be designed to improve traffic flow at the existing congested four-way stop intersection.
As Gateway Engineering is no longer the City Engineer, some of the duties as listed below that would've normally been done while acting as the City Engineer at City Hall will have to be completed by the current City Engineer. An optional fee has been provided on a Time and Materials basis if these services are to be completed by Gateway Engineering.
Scope of Services
PE Phase:
1. Perform boundary and topographic survey including identification of all rights-of-way, property lines, easements and topography needed for design.
2. Prepare legal descriptions and exhibits for Right of Way acquisition. It is assumed that the current City Attorney will handle the right of way acquisition process and eminent domain process (if required) thereafter. Right of way acquisition appraisals are also to be handled by the City attorney.
3. Prepare Storm Water Pollution Prevention Plan.
4. The project will require the acquisition of a new point of electrical service from PG&E. As a result, Gateway will complete and coordinate the PG&E Rule 16 to obtain a new point of electrical service for the new traffic signal. The power source will be capable of outputting 120/240 single phase power.
o Deliverables: Complete and coordinate the PG&E Rule 16 point of service application
5. 65% Design PS&E (Plans Specifications & Estimates):
o Prepare street improvement plans including drainage, signing and striping design (PS&E).
o Prepare the Traffic Signal with Advance Flashing Beacon design plans. The plans will provide the layout of the intersection geometries, traffic signal equipment, advance flashing beacons, including locations of poles, and type of vehicular signals, etc. Within 405 Park Creek Drive, Clovis, CA 93611
P 559.320.0344
April 18, 2022 Council Packet 148
the 65% submittal a conductor schedule would be included as a placeholder, but it would be unfilled.
a Coordinate with City and County staff, as necessary, for review of the initial 65% submittals.
a Designs shall be in accordance with the City's and County's current design standards, and Caltrans Standard Plans and Specifications.
a Dellverables: Four full size bond sets of the 65% signal, signage and striping, and street improvement plans and one electronic PDF, construction cost estimate, and special provisions.
6. 90% Design PS&E:
a Coordinate with City and County, as necessary, for review of the 65% submittal. a Review and revise the 65% design plans to adhere to the City and County comments and discussions.
a Complete the signal equipment and conductor schedule for the proposed traffic signal. a Review and revise the 65% construction cost estimate and prepare the special provisions.
a Deliverables: Four full size bond sets of the 90% signal plans and one electronic PDF, construction cost estimate, and special provisions.
7. Final Designs PS&E
a Coordinate with City and County for review ofthe plans and special provisions. a Review and revise the 90% design plans based on comments and discussions with City and County staff.
a Prepare final construction drawings, special provisions, and final construction cost estimate(s).
a Submit final plans, construction cost estimate and special provisions. a Provide one set of reproducible drawings signed and sealed by the registered civil engineer in accordance with California State law.
a Deliverables: One set of Final Mylar plans, project special provisions, construction cost estimate, including an electronic version of the electrical plans, special provisions, and estimate.
Bidding Phase:
This scope assumes that Advertising and the Bidding packages will be the City's responsibility and that reproduction is not included in this contract. Bidding support is proposed to be completed on a time and materials basis pursuant to the attached rate schedules. Gateway will be available to answer questions and assist with addendums if needed, during the bidding process. Addenda will be stamped and Signed by project Civil Engineer. 405 Park Creek Drive, Clovis, CA 93611
P 559.320.0344
April 18, 2022 Council Packet 149
Construction Phase:
Construction support is proposed to be completed on a time and materials basis pursuant to the attached rate schedules. A budgetary number is provided in alignment with the originally approved CMAQ application. This phase includes the following services:
a Provide on-going consultation and interpretation of contract documents as required and review proposed change orders if requested by the Client. a Review submittals and shop drawings, when requested by the Client and provide construction assistance as required .
a Provide Construction staking to the awarding Contractor. Any re-staking will be at the the cost of the awarding Contractor.
a Provide Construction testing and inspection services during the course of construction.
Services Not Included
The following are specifically excluded from our scope of services. • ISO illumination studies are not included in the scope of work. • Signal interconnect (other than via wireless methods) is not included in the scope of work. • Potholing is not included in the scope of work; however, it is recommended that the mast arm pole locations be potholed prior to finalizing the plans to ensure that there will not be underground utility conflicts.
• As-Builts plans are not included in the scope of work. • Signal timing plans is not included in the scope of work. • Upfront specifications including items Divisions 00 & 01 will be completed by the City Engineer. • Acquisition of property title information
• Geotechnical report including R-values to be performed by others. • Design of offsite improvements (other than those mentioned above) • Acquisition of permits
• Payment of fees
• Preparation of maps and other survey documents not specifically listed in the scope of services. • Preparation of landscaping and irrigation design
• Preparation of gas, electrical and lighting design other than those specifically listed above. • Design and specification of site fencing, furniture, etc. • Any design related to private irrigation facilities.
405 Park Creek Drive, Clovis, CA 93611
P 559.320.0344
April 18, 2022 Council Packet 150
Fee Proposal
Gateway Engineering, Inc. proposes to perform the above referenced engineering scope of services for the following lump sum fees. We will invoice monthly based upon an estimated percent complete. o PE Phase $ 105,200
0 Bidding Phase $ T&M (Based upon the attached fee schedule) 0 Construction Phase $ 70,200 (T&M Budget Value Per original application)
0 As-Built Plans (If requested) $ 4,500
Agreement
We are prepared to execute the City's standard Consultant Services Agreement.
Schedule
We are prepared to begin work immediately upon your acceptance of this proposal, and execution of the consultant services agreement.
We appreciate the opportunity to serve as a member of your team and we look forward to working with you on this project. If you have any questions or comments, or if you require additional information, you are welcome to contact me any time.
Respectfully,
/--?- V7/~
Joseph D. Daggett, CE 71873, LS 8861
405 Park Creek Drive, Clovis, CA 93611
P 559.320.0344
April 18, 2022 Council Packet 151
Fernando Santillan
To: Daniel Bond
Subject: RE: Gateway Contracts
From: Daniel Bond <[email protected]>
Sent: Thursday, March 3, 2022 9:20 AM
To: Fernando Santillan <[email protected]>
Subject: Gateway Contracts
Fernando:
I apologize for the delay in getting back to you on these items. ust got back into the office this week and got this proposal put together for the McCall and Dinuba intersection project. Please see his email to me in the email chain below with an explanation of the attachments provided.
A copy of the signed contract for the 2019-20 CDBG project is attached as requested. That project has an allowance for 90 working days from the date of the notice to proceed for completion of the work, which equates out to 64 working days. Assuming provision of full-time inspection for that period, plus attendance of the bid opening, preconstruction meeting, three site visits for the engineer, preparation of a punch list and final inspection, we propose a not to exceed time and materials budget of $44,700. Construction staking is already included in our existing contract.
A copy of the original proposal for the 2020-21 CDBG project is also attached for your reference. I expect that project to have the same 90 working day allowance for construction. Assuming the same scope and timeline, we propose the same not to exceed time and materials budget of $44,700. Construction staking is already included in our existing EORtraet proposal. (Add $43,500 + $8,800 from 2/4/21 proposal) = Total: $97,000 A copy of the signed contract for the TOO project is attached. That project has an allowance for 45 working days from the date of the notice to proceed for completion of the work, which equates out to 32 working days. Assuming provision of full-time inspection for that period, plus attendance of the bid opening, preconstruction meeting, two site visits for the engineer, preparation of a punch list and final inspection, we propose a not to exceed time and materials budget of $26,000. Minimal construction staking is expected and one trip is budgeted in this fee.
I don't expect any of these projects to require full time inspection or the full duration, but we need to have adequate budget available based upon the scope and timelines we are obligating ourselves to.
Thank you,
Dan
Daniel K. Bond, PE
GATEWAY ENGINEERING, INC.
405 Park Creek Drive, Clovis, CA 93611
Phone: 559.320.0344 ext. 11
email: [email protected]
1 April 18, 2022 Council Packet 152
From: Joey Daggett <[email protected]>
Sent: Thursday, March 3, 2022 8:13 AM
To: Daniel Bond <[email protected]>
Subject: FW: Dinuba & McCall Intersection Project
Dan,
Attached is a formal proposal. It breaks down the fees as outlined in the original CMAQ application that was awarded.
The application was signed by Teresa on 11/15/19. I've also attached the program supplement agreement, Finance Letter, Approved E-76, and Project Authorization Request.
Please forward this to Fernando when ready.
Thanks
Joey
Joseph D. Daggett, PE, PLS
GATEWAY ENGINEERING, INC.
405 Park Creek Drive, Clovis, CA 93611
Office: 559.320.0344 ext. 12 I Fax: 559.320.0345
email: [email protected]
2 April 18, 2022 Council Packet 153
RESOLUTION NO. 2022 - _ R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA
APPROVING AND AUTHORIZING GRANT FUNDED ENGINEERING SERVICES WITH GATEWAY ENGINEERING INC.
WHEREAS, Gateway Engineering, Inc. "Gateway" previously served as the City Engineer for the City of Selma "City"; and
WHEREAS, previous administration began negotiations with Gateway to complete several grant-funded projects which Gateway had assisted with securing funding for; and WHEREAS, the grant-funded projects 1-4 are included under the proposed Master Agreement and projects 5 and 6 are included in separate sub-agreements. Those projects are listed below:
1) Community Development Block Grant (CDBG) 2019-2020 Sidewalk Connectivity Project - $44,000
2) Huntsman Ave. Widening Project - $500
3) AB 74 Storm Drain Project - $2,400
4) Transit-Oriented Development ("TOD") Grant - Downtown and Civic Center Improvements - $26,000
5) Community Development Block Grant (CDBG) 2020-2021 Downtown ADA Improvement Project - $97,000
6) Congestion Mitigation and Air Quality (CMAQ) Grant Program - Dinuba Ave/McCall Ave Signalization Project - $182,000
WHEREAS, costs related to the proposed agreements will be funded through the grant funding received for each respective project.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The foregoing facts are true and correct.
2. The City Council hereby accepts and approves the attached proposals by Gateway Engineering, Inc. at the lump sum fee proposed and authorizes the performance of that work by Gateway Engineering and directs the payment on presentation of the monthly invoices based upon estimated percentage of completion of the work. ********
I, Reyna Rivera, City Clerk to the City of Selma do hereby certify that the foregoing Resolution was approved at a regular meeting of the City Council of the City of Selma on the 18th day of April 2022, by the following vote:
April 18, 2022 Council Packet 154
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Scott Robertson,
Mayor of the City of Selma
ATTEST:
Reyna Rivera
City Clerk of the City of Selma
April 18, 2022 Council Packet 155
CITY MANAGER'S/STAFF'S REPORT
CITY COUNCIL MEETING:
ITEM NO: 6.
April 18, 2022
SUBJECT: Banners and Flags on Public Rights of Way and Streetlight Poles BACKGROUND:
At the March 21, 2022, City Council meeting, Council gave direction to staff to develop a policy regarding the placement of banners and flags on streetlights in the downtown area.
Council's further direction was to ensure that proposed banners and flags were not obscene and did not violate state or federal law.
After further review of the Selma Municipal Code, staff found that the requested policy currently exists within the Selma Municipal Code, as described below.
DISCUSSION:
Given that there is an existing policy and process governing placement of flags and banners on city-owned property and public rights-of-way consistent with the Council's direction, City staff recommends making only minor revisions to the existing policy for clarity. The exception, consistent with Council's direction given at the March 21 st meeting, is that referrals by staff or appeals regarding non-commercial signs (flags/banners/pennants, etc.) would be heard by the City Council, instead of the Planning Commission (as currently outlined in the Municipal Code). All other appeals (i.e. commercial signs), after an initial decision or referral by the Community Development Director, would go to the Planning Commission.
Definition of Signs
Within the Selma Municipal Code, banners fall within the definition of a sign, though staff recommends adding the word "flags" to maintain consistency with other sections of the Code. (proposed revisions in red)
(highlighted sections for emphasis only)
Title XI, Chapter 1:
11-1-1: ZONING DEFINITIONS; PURPOSE:
SIGN: Any visual device or representation designed and used for the purpose of identifying or attracting attention to a premises, product, service, person or event. The term "sign" includes, but is not limited to, flags, banners, pennants, streamers, unusual paint, color, nonstructural displays, architectural projections, displays of goods or services when located outside a building and other similar devices or ploys.
April 18, 2022 Council Packet 156
Prohibitions of Placement of Signs on Public Property
Title XI, Chapter 28 (Sign Regulations) does not allow for temporary noncommercial signs, including religious, civic, cultural, and political signs, to be placed on "any public property, in the public right of way, publicly owned sign, utility pole, fire hydrant, or similar fixture".
Title XI, Chapter 28:
11-28-3: EXEMPT SIGNS:
(A) The following signs, if not illuminated and unless specifically provided for, shall be exempt from filing a sign application, however, they shall comply with all other applicable requirements of this Chapter:
4. Temporary signs for the purpose of announcing civic events sponsored by the City and/or the Chamber of Commerce.
5. One each national, State and corporate flag, provided that the flags are displayed properly and comply with the United States Flag Code.
6. Holiday decorations, provided that they are appropriate to the holiday they represent and such decorations are not displayed in excess of an aggregate of ninety (90) days.
14. Temporary noncommercial signs including, but not limited to, religious, charitable, civic, homeowner association, educational, cultural, or political signs, provided that such signs comply with the following regUlations:
(a) Such signs shall not exceed thirty two (32) square feet per sign face.
(b) No such sign shall be posted for a period of more than thirty (30) days before an event or sixty (60) days before an election and all such signs shall be removed within seven (7) days of the completion of the event or election.
(c) Such signs shall not be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise attached to any public property, in the public right of way, publicly owned sign, utility pole, fire hydrant or similar fixture. It shall be unlawful to erect a sign or direct the erection of a sign without the permission of the property owner. 11-28-4: GENERAL PROVISIONS:
(0) Obstruction Of Public Passage: No sign shall be erected so as to obstruct any door, fire escape or other emergency exit of any building. No sign shall be erected in any public right of way.
April 18, 2022 Council Packet 157
Signs not expressly permitted in this chapter are prohibited, as indicated in Section 11-28-5 (Prohibited Signs):
11-28-5: PROHIBITED SIGNS:
(A) In addition to any sign not specifically permitted in accordance with this Chapter, the following signs shall be prohibited:
5. Pennants, banners and flags except as specifically permitted by this Chapter.
7. Signs that display a message, graphic presentation, or other image that is obscene as defined by section 311 of the California Penal Code.
11-28-2: PERMIT REQUIREMENTS AND INSPECTIONS:
(A) Administration: It shall be the duty of the Community Development Department to enforce the provisions of this chapter.
(F) Approval Of Sign Reviews: The Community Development Department shall approve, conditionally approve or deny a sign review application based on the following criteria:
1. The application has been properly made; and
2. The sign complies with the laws of the City; and
3. The permit fee has been paid; and
4. The sign's location and copy does not create a potential visibility or safety hazard; and
5. The sign does not require a conditional use permit as required by this Title.
(G) Referral To Planning Commission or City Council: The Community Development Director, at their discretion, may refer any application for a commercial sign to the Planning Commission, which may approve, conditionally approve, or deny the sign application in accordance with the criteria listed above. Non-commercial signs may be referred, at the Community Development Director's discretion, to the City Council for approval. conditional approval. or denial of the sign application in accordance with the criteria listed above.
(H) Action On Application: If a sign application is denied, the Community Development Department shall provide written notice of the denial to the applicant after the decision is rendered. The applicant may appeal any decision of the Community Development Director to the Planning Commission or City Council, as appropriate, pursuant to Section (G) and the provisions of the appeals portion of this Chapter (subsection 11-28- 2(1)).
If a sign is approved, the applicant shall obtain any required permits from the Building Division prior to installing, altering or relocating any sign.
April 18, 2022 Council Packet 158
(I) Appeals:
1. The applicant or any aggrieved person may appeal a decision, on an item pertaining to this Chapter, made by the Community Development Director to the Planning Commission for commercial signs, or to the City Council for non-commercial signs. Such an appeal shall be filed in writing, in the format prescribed by the Community Development Director, not later than ten (10) calendar days after a decision has been rendered. The appeal shall be accompanied by the fee required for an "Appeal of a Staff Decision, Minor" and any pertinent data the appellant wishes to submit.
The appeal shall be scheduled for the next regular Planning Commission or City Council meeting, respectively, provided the meeting is at least fourteen (14) calendar days from the date of the appeal. If the next meeting is sooner than fourteen (14) days, the appeal shall be scheduled for the meeting following the next scheduled meeting.
2. The applicant or any aggrieved person may appeal a decision, on an item pertaining to this Chapter, made by the Planning Commission to the City Council. Such an appeal shall be filed in writing, in the format prescribed by the Community Development Director, not later than ten (10) calendar days after a decision has been rendered by the Planning Commission. The appeal shall be accompanied by the fee required for an "Appeal of a Planning Commission Decision" and any pertinent data the appellant wishes to submit. The appeal shall be scheduled for the next regular City Council meeting provided the meeting is at least fourteen (14) calendar days from the date of appeal. If the next meeting is sooner than fourteen (14) days, the appeal shall be scheduled for the meeting following the next scheduled meeting. (Ord. 95-9, 8-7-95) NEXT STEPS:
Staff recommends that the City Council adopt the proposed revisions to the Selma Municipal Code regarding the approval of signs, including banners and flags, consistent with the City Council's previous direction. As the policy-making body, the Council may also provide direction to staff regarding implementation of a new policy, developed by the City Council, which overrides the existing policy.
RECOMMENDATION: Introduce and Waive First Reading of Proposed Amendment to an Ordinance which amends Title XI, Chapters 1 (Zoning) and 28 (Sign Regulations) which addresses flags and banners on City property and provides for an appeal process to the City Council for non-commercial signs.
Fernando Santillan, City Manager
April 18, 2022 Council Packet 159
ORDINANCE NO. 2022 -
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SELMA
AMENDING SECTIONS 11-1-1 OF CHAPTER 1 AND SECTION 11-28-2 OF CHAPTER 28, BOTH OF TITLE XI OF THE CITY OF SELMA MUNICIPAL CODE PERTAINING
TO PUBLIC DISPLAY OF FLAGS
THE CITY COUNCIL FOR THE CITY OF SELMA HEREBY DOES ORDAIN:
SECTION 1. The following amendments shall be made to the City of Selma Municipal Code:
11-1-1: Zoning Definitions.
Whenever the following words and terms are used in this title, they shall have the meanings herein ascribed to them unless the content makes such meaning repugnant thereto:
SIGN: Any visual device or representation designed and used for the purpose of identifying or attracting attention to a premises, product, service, person or event. The term "sign" includes, but is not limited to, flags, banners, pennants, streamers, unusual paint, color, nonstructural displays, architectural projections, displays of goods or services when located outside a building and other similar devices or ploys.
11-28-2: Permit Requirements and Inspections.
(G) Referral to Planning Commission or City Council: The Community Development Director, at their discretion, may refer any application for a commercial sign to the Planning Commission, which may approve, conditionally approve, or deny the sign application in accordance with the criteria listed above. Non-commercial signs may be referred, at the Community Development Director's discretion, to the City Council for approval, conditional approval, or denial of the sign application in accordance with the criteria listed above. (H) Action on Application: If a sign application is denied, the Community Development Department shall provide written notice of the denial to the applicant after the decision is rendered. The applicant may appeal any decision of the Community Development Director to the Planning Commission or City Council, as appropriate, pursuant to Section (G) and the provisions of the appeals portion of the Chapter (subsection 11-28-2 (I).) If a sign is approved, the applicant shall obtain any required permits from the Building Division prior to installing, altering or relocating any sign.
(I) Appeals:
I . The applicant or any aggrieved person may appeal a decision, on an item pertaining to this Chapter made by the Community Development Director to the Planning Commission for commercial signs, or to the City Council for non-commercial signs. Such an appeal shall be filed in writing, in the format prescribed by the Community Development Director, not later than ten (l0) calendar days after a decision has been rendered. The April 18, 2022 Council Packet 160
appeal shall be accompanied by the fee required for an "Appeal of a Staff Decision, Minor" and any pertinent data the appellant wishes to submit. The appeal shall be scheduled for the next regular Planning Commission or City Council meeting, respectively, provided the meeting is at least fourteen (14) days from the date of the appeal. If the next meeting is sooner than fourteen (14) days, the appeal shall be scheduled for the meeting following the next scheduled meeting.
SECTION 2. Only the revisions explicitly stated in Section 1 shall be made. All other language and requirements in Title XI of the City of Selma Municipal Code shall remain the same.
The foregoing Ordinance No. 2022-_ was introduced at a regular meeting of the City Council of the City of Selma held on April 18, 2022" and was thereafter duly adopted at a regular meeting of said City Council held on [DATE], 2022, by the following vote, to wit:
AYES:
NOES:
ABSTAINING:
ABSENT:
ATTEST: APPROVED:
Reyna Rivera, City Clerk Scott Robertson, Mayor
2 April 18, 2022 Council Packet 161