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04/09/2019CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY AGENDA ● APRIL 9, 2019 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s office at (909) 824 -6621 at least 48 hours prior to the meeting. If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the C ity’s website at www.grandterrace-ca.gov. CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Doug Wilson    Council Member Sylvia Robles    Council Member Bill Hussey    Council Member Jeff Allen    Agenda Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 2 A. SPECIAL PRESENTATIONS Proclamation - Child Abuse Awareness Month Proclamation - Donate Life California Month Presentation - 2019 California Mayors Cup Cyber Competition B. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Co uncil Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 03/26/2019 DEPARTMENT: CITY CLERK 3. Attachment to Minutes - 03/26/2019 4. Planning Commission, Historical & Cultural Activities Committee, and Parks & Recreation Advisory Committee Meeting Minutes RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK 5. Approval of Check Register No. 03312019 in the Amount of $273,714.33 RECOMMENDATION: Approve Check Register No. 03312019 in the amount $272,949.02 as submitted, which includes the Check Register Account Index for Fiscal Year 2018-19. DEPARTMENT: FINANCE C. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Agenda Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 3 D. CITY COUNCIL COMMUNICATIONS Sub-Committee/Ad Hoc Committee Communications 6. Council Ad-Hoc Committee (National Orange Show- Noise Complaints) Update RECOMMENDATION: Receive and file the Ad-hoc Committee Update and/or Provide Direction to Staff and Ad Hoc Committee DEPARTMENT: CITY MANAGER Council Member Jeff Allen Council Member Bill Hussey Council Member Sylvia Robles Mayor Pro Tem Doug Wilson Mayor Darcy McNaboe E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 7. Adoption of an Urgency Ordinance and First Reading and Introduction of a Regular Ordinance Adding Chapter 12.56 to the Grand Terrace Municipal Code Establishing Regulations for Wireless Telecommunications Facilities in the Public Right –Of-Way; and Adoption of City Council Resolution Establishing Policies for Small Wireless Facilities. RECOMMENDATION: 1. Read the title of Urgency Ordinance No. 323 waive further reading of the urgency ordinance, and adopt the ordinance as an urgency measure; and 2. Read the title of Regular Ordinance No. XXX, waive further reading of the regular ordinance, and introduce the regular ordinance; and 3. Adopt proposed Resolution No. 2019 -__, which establishes City Council Policies for Small Wireless Facilities. DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 4 8. An Ordinance Amending Title 6 (Animals) of the Grand Terrace Municipal Code by Repealing in Their Entirety Chapter 6.04 and Chapter 6.08 and Adopting a New Chapter 6.04 (Animal Control) and a New Chapter 6.08 (Animal Licensing and Vaccin ations) RECOMMENDATION: Read by Title Only, Waive Further Reading and Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 6 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING IN THEIR ENTIRETY CHAPTER 6.04 AND CHAPTER 6.08 AND ADOPTING A NEW CHAPTER 6.04 (ANIMAL CONTROL) AND A NEW CHAPTER 6.08 (ANIMAL LICENSING AND VACCINATIONS) DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 9. April 2019 Award of Community Benefit Funds in the Amount of $310.00 to the REC Center for 2019 Easter Egg Hunt Activity RECOMMENDATION: Approve the Community Benefit Fund (CBF) grant application for $310.00 for their 2019 Easter Egg Hunt Activity. DEPARTMENT: FINANCE 10. Professional Services Agreement with KTUA to Prepare the Grand Terrace Active Transportation Plan and Appropriation of Bond Funds Therefore RECOMMENDATION: 1. Approve a Professional Services Contract with KTUA in the amount of $74,509.00 for preparation of the Michigan Street Walkability/Complete Street Plan, subject to City Attorney approval as to form; and 2. Authorize the City Manager to Execute the Contract, subject to City Attorney approval as to form; and 3. Appropriate $74,509.00 from the General Fund 2011 Bond Proceeds Balance to Account No. 10-955-800-xxx for KTUA - Michigan Street Walkability/Complete Street Plan; and 4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE MICHIGAN STREET WALKABILITY/COMPLETE STREET PLAN. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 11. Professional Services Agreement Between the City of Grand Terrace and KTUA to Prepare the Barton Road Streetscape Plan and Appropriation of Bond Funds Therefore RECOMMENDATION: 1. Approve a Professional Services Contract with KTUA in the amount of $60,000 for preparation of the Barton Road Streetscape Plan, subject to City Attorney approval as to form; and 2. Authorize the City Manager to Execute the Contract, subject to City Attorney approval as to form; and Agenda Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 5 3. Appropriate $60,000 from the General Fund 2011 Bond Proceeds Balance to Account No. 10-955-800-xxx for KTUA - Barton Road Streetscape Plan; and 4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE BARTON RO AD STREETSCAPE PLAN. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY MANAGER COMMUNICATIONS J. CLOSED SESSION - NONE K. ADJOURN The Next Regular City Council Meeting will be held on Tuesda y, April 23, 2019 at 6:00 p.m. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be pro cessed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MINUTES ● MARCH 26, 2019 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council and City Council as the Housing Authority at 6:00 p.m. INVOCATION The Invocation was given by Father Andrew Lesko of St. Nicholas Greek Orthodox Church and the San Bernardino County Sheriff’s Department. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dawn Rowe, Third District supervisor of the San Bernardino County Board of Supervisors. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Doug Wilson Mayor Pro Tem Present Sylvia Robles Council Member Present Bill Hussey Council Member Present Jeff Allen Council Member Present G. Harold Duffey City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Alan French Public Works Director Present Sandra Molina Planning & Development Services Director Present Cynthia A. Fortune Assistant City Manager Present A. SPECIAL PRESENTATIONS Dawn Rowe, Third District Supervisor wanted to introduce herself to the City of Grand Terrace and its residents. She provided information on the boundaries of the Third District and a new service being created called “211”. The County is receiving a $17 million dollar grant from the state over the next 5 years to aid the homeless and B.2 Packet Pg. 6 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 2 homelessness efforts. The Department of Aging and Adult Services, the Sheriff’s Department and Behavioral Health Services will go out in special teams to identify the severe homeless and try to relocate them and assess where they will be best served. The County is promoting its Generation Go program which is workforce development; taking ideas, companies and careers that are in the County and partnering them with education. The program teaches children what it is like to ha ve to earn things like 3D printers in the classroom and what it means to partner with businesses. The goal is to come out of high school with a skill or a trade, an opportunity for an internship using that skill or trade and possibly explore college. B. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 03/12/2019 3. Attachment to Minutes - 03/12/2019 6. City Department Monthly Activity Report - February 2019 RECEIVE AND FILE. 7. Consideration of a Resolution Authorizing the City Manager, Public Works Director, and Management Analyst to Execute & File the City's Application for the Hazard Mitigation Grant Program (HMGP) with the Governor's Office of Emergency Services (OES), and to Provide OES the Assurances and Agreements Required; and Which Authorization Includes All Open and Future Disasters/Grants for a 3 Year Period ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER, PUBLIC WORKS DIRECTOR, AND MANAGEMENT ANALYST TO EXECUTE & FILE THE CITY'S APPLICATION FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WITH THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES (OES) AND TO PROVIDE OES THE ASSURANCES AND AGREEMENTS REQUIRED; AND WHICH FURTHER AUTHORIZES THE CITY MANAGER, PUBLIC WORKS DIRECTOR, AND MANAGEMENT ANALYST TO DO THE SAME FOR ALL OPEN AND FUTURE DISASTERS/GRANTS FOR A 3 YEAR PERIOD. B.2 Packet Pg. 7 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 3 8. Housing Element Annual Progress Report for the 2018 Calendar Year ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECEIVING AND ACCEPTING THE CITY OF GRAND TERRACE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE 2018 CALENDAR YEAR CITY OF GRAND TERRACE HOUSING AUTHORITY ITEMS RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Board Member SECONDER: Jeff Allen, Board Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 4. Approval of Minutes – HA Special Meeting – 03/19/2019 5. Attachment to Minutes - 03/19/2019 HA Special Meeting C. PUBLIC COMMENT Johan Gallo, Grand Terrace stated that due to the recent issues facing the City, he would like the City Council to revitalize the Neighborhood Watch program. D. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Jeff Allen attended the Veteran’s Advisory Committee meeting for the San Bernardino County Department of Veteran’s Affairs on March 25, 2019 and discussed the following: · Veterans Affairs Expungement Clinic - April 15, 2019 beginning at 9:00 a.m. at the County of Veterans Affairs Office on Hospitality Lane, San Bernardino, California Council Member Allen would like to also close the City Council’s meeting in memory of Albert Madrid who gave his life selflessly to save the lives of others. Council Member Bill Hussey Council Member Bill Hussey attended the candlelight vigil for Ryan Harsany at Cal Skate, and he extends his thoughts and prayers to the family. B.2 Packet Pg. 8 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 4 On March 7, 2019, Council Member Hussey attended the League of California Cities Joint Regional Education Summit and discussed the following: Labor Market Intelligence Report for San Bernardino County · The economy is expected to grow at a slower rate compared to previous years. Since 2010, the economy has added over 130,000 jobs at a growth rate of 27% compared to the state at 19% · San Bernardino County wages grew by 16% compared to 25% for the entire state. Average wage paid by the County’s employers per year is $43,000; state level is $65,000. · The key indicators for the County’s growth is migrat ion. In 2017 the County saw roughly 25,000 new residents settling in the region. The cost of living in San Bernardino County is 60% less than Orange County and 50% less than Los Angeles County. The County’s labor force participation rate for San Bernardino youth is between 16 and 24. · Industry analysis logistics employment is up by 13.8% year -to-year as of the first quarter of 2018. Since 2009 the logistics sector has n early doubled in San Bernardino County. Together, warehousing and transportation account for 16% of the County’s total employment. The sector of growth is expected to continue over the near term but not in double digits · The housing market is slow as a result of the mortgage bump in rates . The U.S. Housing Market is not overpriced nor has there been any risky lending. The pace of building has been reasonable so there is no excess supplies to worry about. The market is responding to changes in interest rates. · The Center does not anticipate any major change in economic growth between now and 2020. Council Member Sylvia Robles Council Member Sylvia Robles attended the Girl Scout Women’s Celebration held at City Hall. It was great to see some of the young women that are so accomplished in non-traditional fields; fire department, sheriff’s department and military. Council Member Robles attended a meeting as a representative of the City’s Ad Hoc Committee with the National Orange Show and will report back at the next City Council meeting. Mayor Pro Tem Doug Wilson Mayor Pro Tem Doug Wilson conf irmed his attendance at a meeting with the National Orange Show as a representative of the City’s Ad Hoc Committee and will report back at the City Council’s next meeting. B.2 Packet Pg. 9 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 5 Mayor Pro Tem Wilson announced there is a teacher’s job fair being held at the Ora nge Show on Saturday, March 30, 2019 between 9:00 a.m. and 12:00 p.m. Mayor Darcy McNaboe Mayor Darcy McNaboe attended the San Bernardino County Transportation Authority’s (SBCTA) General Policy Committee meeting on March 13, 2019 and discussed the following: · Review and provide direction relative to the Fiscal Year 2019/2020 Budget · Received Initiatives and Action Plan - Third Quarter 2018/2019 · Update on the Status of the Inland Empire 511 system Mayor McNaboe attended the SBCTA Metro Valley Study S ession on March 14, 2019 and discussed the following: · Preview of Hearings to Consider Resolutions of Necessity for Property Interests for the Interstate 10 Corridor Contract 1 Project in the Cities of Montclair, Upland and Ontario · Recommended Approval of a Cooperative Agreement with Caltrans for the Archibald Avenue Improvement Project at State Route 60 Mayor McNaboe attended a Strategic Planning Workshop for the Omnitrans Board on March 14, 2019 and discussed the following: · Consider the viability of the budget for Omnitrans as they look at the cost to provide bus service throughout the county. Mayor McNaboe attended the Girl Scouts Women’s History Celebration. There were quite a few young ladies who are ready to be inspired by those who spoke, and she wanted to thank Council Member Robles for her encouragement to the young women. Mayor McNaboe announced that the City Council will be closing its meeting in memory of Ryan Harsany, Willie English and Albert Madrid. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE B.2 Packet Pg. 10 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 6 G. NEW BUSINESS 9. March 2019 Award of Community Benefit Funds in the Amount of $1,545.00 to the REC Center for the Teen Advisory Board to Attend Leadership Development Training Todd Nakasaki, Management Analyst gave the Power Poin t presentation for this item. APPROVE THE COMMUNITY BENEFIT FUND (CBF) GRANT APPLICATION FOR $1,545.00 TO THE REC CENTER FOR THE TEEN ADVISORY BOARD TO ATTEND THE LEADERSHIP DEVELOPMENT TRAINING, “CREATING A LEADERSHIP LEGACY”, THROUGH THE DISNEY YOUTH EDUCATION SERIES, AT DISNEY CALIFORNIA ADVENTURE. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 10. January-2019 Monthly Finance Report and 2018 -19 Mid-Year and Year-End Budget Review Cynthia Fortune, Assistant City Manager gave the Power Point Presentation for this item. RECEIVE AND FILE THE JANUARY-2019 MONTHLY FINANCE REPORT, THE FY2018-19 MID-YEAR AND YEAR-END REPORT. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: McNaboe, Wilson, Robles, Hussey, Allen 11. Fire Protection Services for the City of Grand Terrace G. Harold Duffey, City Manager gave the Power Point presentation for this item. PUBLIC COMMENT Jeffrey McConnell, Grand Terrace suggested that City Council speak with the City of Colton directly regarding partnering for fire protection services. He also suggested that the City contract with AMR to provide medical services. Mayor Pro Tem Wilson moved and Mayor McNaboe seconded that the City Council will not explore alternative Service Options for Fire Protection Services and will not Direct Staff to Pursue: B.2 Packet Pg. 11 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 7 1. Develop and Release an RFP for Consultant Services for Detachment from San Bernardino County Fire Protection District (SBCFPD). The Consultants Scope of Work Would Include an Alternative Fire Protection Service Plan and Independent Fiscal Analysis for Submittal to the Local Agency Formation Commission (LAFCO); and 1a. Authorize the appropriation of $60,000 from the General Fund’s fund balance to cover the cost of consulting services for detachment from the SBCFPD. 2. Receive and fie Report and Direct Staff to Work with Current Fire Protection Service Provider, SBCFPD to Ensure the City’s General Fund is Not Fiscally Subsidizing the Operations of SBCFPD. But does request that staff: 1. EXPLORE AN APPRAISAL FOR SALE OF THE CITY’S FIRE STATION, AS WELL AS A RENT APPRAISAL FOR THE CITY’S FIRE STATION. RESULT: APPROVED [4 TO 0] MOVER: Doug Wilson, Mayor Pro Tem SECONDER: Darcy McNaboe, Mayor AYES: Darcy McNaboe, Doug Wilson, Bill Hussey, Jeff Allen ABSTAIN: Sylvia Robles H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic Plan, if a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the item will be agendized to ask the City Council if time should be spent on preparing a rep ort on the proposed item. In accordance with this policy, this is the opportunity for City Council Members to request that an item be placed on a future agenda and authorize staff to prepare an agenda report. To ensure compliance with the Brown Act, the re quest shall be submitted to the City Manager at least one week in advance of the meeting so that the topic can be included on the agenda under this section. In order for any listed item to be placed on a future agenda, the City Council must act by formal motion (i.e., requires a motion and a second) to direct the City Manager to place the item on a future agenda. Pursuant to the requirements of the Brown Act, no other items may be considered other than those listed below. 1. Review Current Budget to Identif y Funding for Overtime to Secure Extra Sheriff’s Patrol in the City of Grand Terrace REQUESTED BY: Council Member Bill Hussey Council Member Hussey’s motion to Review the Current Budget to Identify Funding for Overtime to Secure Extra Sheriff’s Patrol in the City of Grand Terrace died for lack of a second. B.2 Packet Pg. 12 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 8 Mayor McNaboe moved and Council Member Hussey seconded to: DURING THE UPCOMING BUDGET REVIEW, STAFF LOOK TO SEE IF THERE IS AN OPPORTUNITY TO PROVIDE ANY OVERTIME FUNDING FOR EXTRA SHERIFF’S PATROL. RESULT: APPROVED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Bill Hussey, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen I. CITY MANAGER COMMUNICATIONS G. Harold Duffey, City Manager announced that the Friends of the Library held a book sale on March 23, 2019 and were extremely excited about the results making over $500. City Manager Duffey announced an April 11, 2019 Workshop for the Blue Mountain Trailhead and shared the postcard invitation that will be sent to those property owners within 1,000 feet from the property. He also wanted to announce the Pickup/Paint/Plant Volunteer event scheduled for April 13, 2019 from 8 am to 12 pm. J. RECESS TO CLOSED SESSION Mayor McNaboe recessed the Regular Meeting of the City Council at 7:59 p.m. CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to Section 54957.6 Title: City Manager RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the Regular Meeting of the City Council at 8:37 p.m. REPORT OUT OF CLOSED SESSION Mayor McNaboe announced there was not reportable action taken. B.2 Packet Pg. 13 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council and Housing Authority March 26, 2019 City of Grand Terrace Page 9 K. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:38 p.m. in memory of Ryan Harsany, Willie English, and Albert Madrid. The Next Regular City Council Meeting will be held on Tuesday, April 9 , 2019 at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra Thomas, City Clerk B.2 Packet Pg. 14 Minutes Acceptance: Minutes of Mar 26, 2019 6:00 PM (Consent Calendar) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● MARCH 26, 2019 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO March 26, 2019 City Council Minutes PowerPoint Presentations B.3 Packet Pg. 15 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Community Benefits Fund March 26, 2019 Community Benefits Fund B.3 Packet Pg. 16 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) March-2019 Application: The REC Center •Activity & Purpose: To provide training for students to learn to develop leadership legacies, and to become confident in their ability to accomplish their goals. The REC Center application: •Amount: $1,545.00 •Use: Disney Youth Education “Creating a Leadership Legacy” *For Eleven (11) teens and Two (2) Chaperones B.3 Packet Pg. 17 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Community Benefit Fund Acct No.Account Title Approved Budget Awarded Grants Balance as of Feb-2019 Proposed Grant Awards Balance 461-100 Youth Programs $10,000 ($6,150) $3,850 $0 $3,850 461-200 Art, Business & Svc Org.$7,000 ($5,245) $1,775 ($1,545) $210 461-300 Other $3,000 $0 $3,000 $0 $3,000 TOTAL $20,000 ($11,395)$8,605 ($1,545)$7,060 Questions B.3 Packet Pg. 18 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) CITY OF GRAND TERRACE CITY OF GRAND TERRACE MID-YEAR & YEAR-END BUDGET REVIEWMarch 26, 2019 2030 VISION •Goal #1: Ensuring our Fiscal Viability through the continuous monitoring of revenues & expenditures against approved budget allocations. B.3 Packet Pg. 19 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) PURPOSE OF REVIEW •Mid-Year actuals & Year-end projections; •Proposed budget adjustments for the current year, if any; •Review of the General Fund’s outstanding liabilities; and •Review of OPEB & Pension Liabilities (UAL); and •Review of the Child Care Fund’s financial position. MID-YEAR ACTUALS JANUARY 31, 2019 B.3 Packet Pg. 20 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) FY2018-19 ACTUAL REVENUES AS OF 01-31-2019 REVENUES Approved Budget Expected based on Approved JAN-2019 Monthly Actuals Variance (actuals from expected) Property Tax $1,980,000 $908,480 $906,207 ($2,273) Residual Receipts - RPTTF 1,090,000 850,770 851,038 268 Residual Receipts – Hous. 60,000 0 0 0 Franchise Fees 524,300 168,540 168,676 136 Licenses, Fees & Permits 419,415 231,445 213,751 (17,694) Sales Tax 770,000 361,190 355,507 (5,683) Other Revenues 390,100 178,000 156,473 (21,527) Waste Water Receipts 300,000 300,000 318,349 18,349 TOTAL REVENUES $5,533,815 $2,998,425 $2,970,000 ($28,425) EXPENDITURES Approved Budget Expected based on Approved Monthly Actuals Variance (actuals from expected) Salaries & Benefits $1,913,521 $1,024,920 $1,040,791 ($15,871) Professional/Cont. Svcs 3,155,351 1,789,295 1,772,739 16,556 Materials, Utilities, Other 457,443 243,260 239,829 3,431 TOTAL EXPENDITURES $5,526,315 $3,057,475 $3,053,359 $4,116 REVENUE & EXPENDITURE SUMMARY REVENUES $5,533,815 $2,998,425 $2,970,000 ($28,425) EXPENDITURES (5,526,315)(3,057,475)(3,053,359)4,116 NET $7,500 ($59,050)($83,358)($24,308) FY2018-19 ACTUAL EXPENSE AS OF 01-31-2019 B.3 Packet Pg. 21 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) YEAR-END PROJECTIONS FY2018-19 PROJECTED REVENUES REVENUES Approved Budget Year-end Projection 2017-18 Actuals Year-end vs. Appr Budget Property Tax $1,980,000 $1,976,300 $1,799,310 $(3,700) Residual Receipts - RPTTF 1,090,000 1,091,100 1,125,223 1,100 Residual Receipts - Housing 60,000 0 0 (60,000) Franchise Fees 524,300 515,000 510,761 (9,300) Licenses, Fees & Permits 419,415 376,080 432,805 (43,335) Sales Tax 770,000 770,000 773,093 0 Other revenues 310,100 285,200 372,146 (24,900) Proceeds - Sale of Property 80,000 80,000 0 0 Waste Water Receipts 300,000 318,350 300,000 18,350 OPERATING REVENUES $5,533,815 $5,412,030 $5,313,338 $(121,785) B.3 Packet Pg. 22 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) FY2018-19 PROJECTED EXPENDITURES EXPENDITURES Approved Budget Year-end Projection 2017-18 Actuals Year-end vs. Appr Budget City Council $68,130 $62,310 $60,871 $5,820 City Manager 745,881 744,220 705,912 1,661 City Clerk 168,974 169,540 147,954 (566) City Attorney 135,000 136,930 177,430 (1,930) Finance 345,750 334,760 276,580 10,990 Planning & Dev. Svcs. 938,482 868,550 820,626 69,932 Public Works 666,586 644,300 941,150 22,286 Law Enforcement 1,916,627 1,916,860 1,756,155 (233) Non-Departmental 540,885 534,456 422,985 6,429 TOTAL EXPENSE $5,526,315 $5,411,926 $5,309,663 $114,389 FY2018-19 REVENUE & EXPENSE Approved Budget Year-end Projection 2017-18 Actuals Year-end vs. Appr Budget REVENUE $5,533,815 $5,412,030 $5,313,338 $(121,785) EXPENSE (5,526,315)(5,411,926)(5,309,663)(114,389) NET $7,500 $104 $3,674 ($7,396) B.3 Packet Pg. 23 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) General Fund’s Long-Term Financial Performance Healthy Sustainable Vulnerable Unsustainable/ Insolvent 08/09 Rev $5.3M Exp $4.7M 09/10 10/11 11/12 12/13 13/14 14/15 15/16 Healthy: Revenues exceed expenditures, continue to show growth, City maintains a 2-month reserves-rainy day fund Sustainable: Revenues exceeds expenditures (2-month reserves–rainy day fund) Vulnerable: Revenues exceed expenditures (less than the 2-month reserve–rainy day fund) Unsustainable/Insolvent: Revenues less than expenditures Rev $5.8M Exp $6.7M Rev $5.3M Exp $5.5M Rev $6.1M Exp $5.1M Rev $4.7M Exp $4.0M Rev $5.2M Exp $4.8M Rev $4.8M Exp $4.4M Rev $4.5M Exp $4.5M 16/17 Rev $5.0M Exp $4.8M 17/18 Rev $5.3M Exp $5.3M 18/19 19/20 Rev $5.4M Exp $5.4M Rev $5.5M Exp $5.5M LIABILITIES B.3 Packet Pg. 24 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) OUTSTANDING LIABILITIES •Tax Increment misallocations; •Advances to GF. •Net owed: $925,272 SUCCESSOR AGENCY •Purchase of property on 22293 Barton Rd. •Net owed: $875,000 WASTEWATER FUND •Advances to GF from the LMIHAF. •Net owed: $186,205 HOUSING AUTHORITY Grand  Terrace  H.A. •The City provides a medical plan coverage for retirees. •Coverage is available for employees who is age 50 or older with at least 5 years of public agency service. •The healthcare coverage provided by CalPERS meets the definition of OPEB as described in GASB Statement 45. •The City’s annual contribution is $15,210. •Total Liability: $1,619,685. OTHER POST EMPLOYMENT BENEFITS (OPEB)Tier 1 (2.7% @ 55): $4,845,471 Tier 2 (2.0% @ 60): $19,767 PEPRA: (2.0% @ 62): $23,294 TOTAL LIABILITY: $4,888,532 PENSION (UNFUNDED ACCRUED LIABILITY) OPEB & PENSION LIABILITIES B.3 Packet Pg. 25 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) UNFUNDED ACCRUEL LIABILITY (UAL) ANNUAL REQUIRED CONTRIBUTION Category 2018-19 2019-20 Tier I (2.7%@55) $381,639 $431,929 Tier II (2.0%@60) $3,038 $5,442 PEPRA (2.0%@62) $3,134 $7,771 Total $387,811 $445,142 CHILD CARE FUND B.3 Packet Pg. 26 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Consideration of Property: $910,000 Less costs of sale: $60,000 NET: $850,000 City Council authorized use of $615,550 of net proceeds In 2019-20 budget, will request the use of $150,000 of the remaining $234,450 to cover Child Care’s portion of the UAL; In FY2020-21, Child Care’s UAL ($150,000) will be absorbed by GF. BUILDING SALE UNFUNDED ACCRUED LIABILITY (UAL) CHILD CARE FUND QUESTIONS? B.3 Packet Pg. 27 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Fire Protection Services  for the City of Grand  Terrace Purpose of Report Update Council on Staff’s Progress of Alternative  Fire Protection Service Options •On September 25, staff received direction to examine other service providers for fire protection services •Staff reviewed history of service •Revenue and cost to delivery service •Alternative costs for delivery of service •Detachment of Services •Station 23 B.3 Packet Pg. 28 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) History of Service •1965 CSA‐38 was formed to provide fire protection service for Colton and Unincorporated areas. •1978‐ Grand Terrace incorporated. Because CSA‐38 existed Grand Terrace did not need to provide fire protection services. •Service later (approximately 2008) reverted to San Bernardino County Fire Protection District SBCFPD •2018 SBCFPD Annexed Grand Terrace into FP‐5 Service zone and applied $157.26 Parcel Tax Revenue and Cost to Deliver Service •Funded from property taxes 10 percent of the 1% ad  valorem tax goes directly to  County Fire to fund fire  protection services in Grand  Terrace. B.3 Packet Pg. 29 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Traditional Funding of District Example: = $387,000 1% Ad Valoram Tax $3,870 10 percent of Ad Valoram to Fire District = $387. Revenue and Cost to Deliver Service Fp‐5 added $157.26 Parcel Tax to every Parcel in  Grand Terrace •FP‐5 will generate approximately $650,000 per year annually with the ability to increase by 3% per year. •Total Revenue for fire protection service in Grand Terrace will be $1,650,000 •Cost to delivery service •SBCFPD states their cost to deliver service is approximately $2,200,000 B.3 Packet Pg. 30 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) •County Fire estimated cost for service in Grand Terrace is approximately $2.2 million. •Subsidy will be approximately $600,000 annually from County General Fund Similar Service in Other Jurisdictions B.3 Packet Pg. 31 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Cost to Support Fire Station Agency Cost to Man a Fire Station San Bernardino County (Grand Terrace) $    2,212,878.00  City of Riverside $    2,312,429.00  City of Fontana $    2,495,749.00  City of Victorville $    1,592,457.00  City of Colton $    1,993,480.00  City of Loma Linda $    2,141,551.00  City of Yucaipa $    1,777,282.00  City of Calimesa $    1,500,000.00  Type of Service – Station is constantly staffed (24 hours/7 days a week) with a captain, engineer and firefighter/paramedic. The engine is an Advanced Life Support (ALS) Type-1(structure) fire engine. The costs listed are average costs per station. City Managers from the following cities were contacted and had their professional fire personnelprovidecosts for service type below. B.3 Packet Pg. 32 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) There are various ways agencies provide fire services to a community. Currently the City of Grand Terrace is not responsible for fire protection services. Fire protection services in Grand Terrace is the responsibility of San Bernardino County Fire District and they receive approximately 10% of ad-valorem property tax to provide the service. Other Agencies and Methods of Service Delivery Fontana – Is its own Fire District, which is the result of the City pushing back on San Bernardino County Fire District trying to push them into a Countywide Fire District. Fontana was aware the revenue generated within its boundaries for fire protection exceeded its costs and consolidation into a countywide district would lead to Fontana subsidizing other communities. Therefore, the City of Fontana through the LAFCO process, became its own fire district and keeps all tax revenue. It contracts with County Fire for the service. Colton/ Loma Linda – Shared command services has allowed the cities to beef up their training and EMS program. The shared command staff allows them to provide more resources to service delivery. Since the change to shared services, Loma Linda has seen its ISO (insurance rating) go from a 4 to a 2 (lowers insurance rates). Calimesa – Started its own Fire Department. It has an element of volunteer services, which may lead to a lowering of ISO rating, which would result in higher homeowner insurance. $2.213 $2.312  $2.495  $1.592  $1.993  $2.141  $1.777   $‐  $0.500  $1.000  $1.500  $2.000  $2.500  $3.000 SB County (Grand Terrace) City of Riverside City of Fontana City of Victorville City of Colton City of Loma Linda City of Yucaipa City of San BernardinoCost to Man a Fire Station (Millions)Agency COST TO SUPPORT FIRE STATION Fire  Potential  Revenue  from GT = B.3 Packet Pg. 33 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Detachment of Services Detachment Process City •Complete LAFCO Application to Detach •Plan for Service •Fiscal Impact Council Resolution to  Detach from SBCFPD Items to LAFCO Send •Resolution •Application •Plan for Service •Fiscal Impact LAFCO Hearing on Application Detachment Approved  by LAFCO Protest  Hearing Board of Supervisors  Property Tax Transfer  Hearing B.3 Packet Pg. 34 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Consultant Services Consultant Services Scope of Work for Consultants •Feasibility Analysis of Plans for Service •Compare Cost Estimates to Revenue •Review Property Tax Growth vs. Historical Expense Increases B.3 Packet Pg. 35 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Consultant Services Deliverables from Consultant •LAFCO Application •5‐year Fiscal Analysis •Develop Plans for Service (choice) •City Council Resolution and Submittal of LAFCO Application •Property Tax Transfer Hearing with Board of Supervisors Cost to Support Fire Station Agency Cost to Man a Fire Station San Bernardino County (Grand Terrace) $    2,212,878.00  City of Riverside $    2,312,429.00  City of Fontana $    2,495,749.00  City of Victorville $    1,592,457.00  City of Colton  $    1,993,480.00 City of Loma Linda $    2,141,551.00  City of Yucaipa  $    1,777,282.00 City of Calimesa  $    1,500,000.00 Type of Service – Station is constantly staffed (24 hours/7 days a week) with a captain, engineer and firefighter/paramedic. The engine is an Advanced Life Support (ALS) Type-1(structure) fire engine. The costs listed are average costs per station. City Managers from the following cities were contacted and had their professional fire personnelprovidecosts for service type below. B.3 Packet Pg. 36 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Grand Terrace Fire Station 23 B.3 Packet Pg. 37 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) Station 23 Lot Size 0.70 Acre Building Sq. Ft. 5,390 Questions? B.3 Packet Pg. 38 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) City Manager’s Update 3/26/2019 B.3 Packet Pg. 39 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) B.3 Packet Pg. 40 Communication: Attachment to Minutes - 03/26/2019 (Consent Calendar) AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: Planning Commission, Historical & Cultural Activities Committee, and Parks & Recreation Advisory Committee Meeting Minutes PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017 City Council meeting, the City Clerk was directed by the City Manager to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up -to-date on those Commission/Committee activities. On January 16, 2018, the City Manager requested that the Parks & Recreation Advisory Committee minutes be included in the Committee/Commission Report once that advisory body begins its regular meetings. Pursuant to Health and Safety Code Section 34179(j), the Countywide Oversight Board was created and became effective on July 1, 2018 which has replaced the City’s Oversight Board. Therefore, no future Oversight Board minutes will be included in this report going forward. DISCUSSION: Planning Commission – None to Report. On April 1, 2019, the Historical & Cultural Activities Committee held its Regular Meeting and approved its March 4, 2019 Regular Meeting minutes. The minutes for this meeting are included as an attachment to this report. The Committee’s next Regular Meeting is scheduled for May 6, 2019. On March 14, 2019, the Parks & Recreation Advisory Committee held its Regular Meeting and approved its February 14, 2019 Regular meeting minutes and its March 1, 2019 Special Meeting Workshop minutes. The minutes for these meetings are included as attachments to this report. The Committee’s next Regular Meeting is scheduled for April 11, 2019. B.4 Packet Pg. 41 FISCAL IMPACT: None. ATTACHMENTS: • 03-04-2019 - H&C Minutes (PDF) • 02-14-2019 P&R Minutes (PDF) • 03-01-2019 P&R Minutes - Special Meeting Workshop (PDF) APPROVALS: Debra Thomas Completed 03/29/2019 3:26 PM City Attorney Completed 04/03/2019 9:44 AM Finance Completed 04/03/2019 10:36 AM City Manager Completed 04/03/2019 7:15 PM City Council Pending 04/09/2019 6:00 PM B.4 Packet Pg. 42 B.4.aPacket Pg. 43Attachment: 03-04-2019 - H&C Minutes (Committee and Commission Minutes) B.4.bPacket Pg. 44Attachment: 02-14-2019 P&R Minutes (Committee and Commission Minutes) B.4.bPacket Pg. 45Attachment: 02-14-2019 P&R Minutes (Committee and Commission Minutes) B.4.bPacket Pg. 46Attachment: 02-14-2019 P&R Minutes (Committee and Commission Minutes) B.4.cPacket Pg. 47Attachment: 03-01-2019 P&R Minutes - Special Meeting Workshop (Committee and Commission Minutes) B.4.cPacket Pg. 48Attachment: 03-01-2019 P&R Minutes - Special Meeting Workshop (Committee and Commission Minutes) B.4.cPacket Pg. 49Attachment: 03-01-2019 P&R Minutes - Special Meeting Workshop (Committee and Commission Minutes) B.4.cPacket Pg. 50Attachment: 03-01-2019 P&R Minutes - Special Meeting Workshop (Committee and Commission Minutes) B.4.cPacket Pg. 51Attachment: 03-01-2019 P&R Minutes - Special Meeting Workshop (Committee and Commission Minutes) B.4.cPacket Pg. 52Attachment: 03-01-2019 P&R Minutes - Special Meeting Workshop (Committee and Commission Minutes) AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: Approval of Check Register No. 03312019 in the Amount of $273,714.33 PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Approve Check Register No. 03312019 in the amount $272,949.02 as submitted, which includes the Check Register Account Index for Fiscal Year 2018-19. 2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and operational costs. BACKGROUND: The check register, for the period ending March 31, 2019, has been prepared in accordance with Government Code §37202 and is hereby submitted for the City Council’s approval. The check register lists all vendor payments for the preceding month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. Check Register No. 03312019 lists all payments made to vendors and employee reimbursements during the month of February. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and Grand Terrace Successor Agency. Expenditure account number form ats are XX-XXX-XXX [Fund-Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. A total of $272,949.02 in accounts payable checks or wires were issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register. Payments larger than $10,000: Check No. Payee Description Amount 76148 SB COUNTY SHERIFF MAR2019 LAW ENFORCEMENT SVCS $161,808.00 B.5 Packet Pg. 53 Check No. Payee Description Amount 76179 SO CAL EDISON DEC18, JAN19, FEB19 ENERGY USAGE $15,110.75 76191 FAMILY SERVICE ASSN JUL18 CHILD CARE REVENUE CLOSE OUT $11,499.20 TOTAL CHECKS ISSUED OVER $10,000 $188,417.95 Payroll costs for the month ending February-2019 Pay Per. Period Ending Period Pay Date Amount 19 3/8/2019 Period 2/23/2019 – 3/8/2019 3/14/2019 $57,874.82 20 3/22/2019 Period 3/9/2019 – 3/22/2019 3/28/2019 $50,109.38 TOTAL PAYROLL FOR MARCH-2019 $107,984.20 FISCAL IMPACT: All disbursements (including payroll) were made in accordance with the Approved Budget for Fiscal Year 2018-19 in the amount of: Description Amount Check Register $272,949.02 Payroll $107,984.20 TOTAL $380,933.22 . ATTACHMENTS: • A - Check Register Account Index (PDF) • B - Check Register No. 03312019 (PDF) APPROVALS: Cynthia A. Fortune Completed 04/03/2019 10:25 AM Finance Completed 04/03/2019 10:25 AM City Attorney Completed 04/03/2019 3:23 PM City Manager Completed 04/03/2019 7:16 PM B.5 Packet Pg. 54 City Council Pending 04/09/2019 6:00 PM B.5 Packet Pg. 55 Fund No.Fund Name Dept No.Department Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME 11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS 12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI 13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 218 NON-CAPITAL FURN/SMALL TOOLS 19 FACILITIES DEVELOPMENT FUND 190 GENERAL GOVERNMENT (NON-DEPT)220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 COMMUNITY DEV (PLANNING)235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 245 MAINT BLDG GRNDS EQUIPMNT 31 S/A RDA OBLIGATION FUND 430 RECREATION SERVICES 246 MAINT/OPER OF EQUIPMNT 32 S/A CAPITAL PROJECTS FUND 441 CHILD CARE - NUTRITION GRANT 250 PROFESSIONAL SERVICES 33 S/A DEBT SERVICE FUND 445 CHILD CARE - TINY TOTS 251 BANKING SERVICE CHARGES 36 S/A 2011 TABS BOND PROCEEDS 446 CHILD CARE - AFTER SCHOOL 255 CONTRACTUAL SERVICES 37 S/A CRA PROJECTS TRUST 447 CHILD CARE - PRE-SCHOOL 260 INSURANCE & SURETY BONDS 46 CIP - STREET IMPROVEMENT PROJECTS 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES 47 CIP - BARTON RD. BRIDGE PROJECT 510 STREET & SIGNAL LIGHTING 268 TRAINING 48 CIP - CAPITAL PROJECTS FUND 600 WEST SIDE PARK 270 TRAVEL/CONFERENCES/MTGS 52 HOUSING AUTHORITY 601 TRACT 14471 PICO & ORIOLE 271 MILEAGE 61 COMMUNITY BENEFITS FUND 602 FORREST CITY PHASE II 272 FUEL & VEHICLE MAINTENANCE 64 PUBLIC SAFETY FUND 625 NPDES 273 VEHICLE ALLOWANCE 65 SENIOR BUS PROGRAM FUND 631 STORM DRAIN MAINTENANCE 300 DEBT SERVICE 66 CAL RECYCLE GRANT 801 PLANNING COMMISSION 570 WASTEWATER TREATMENT 70 FIXED ASSED/EQUIP REPL FUND 804 HISTORICAL & CULTURAL COMM.700 COMPUTER-RELATED 805 SENIOR CITIZENS PROGRAM 701 VEHICLES & EQUIPMENT 808 EMERGENCY OPERATIONS PROG. 999 TRANSFERS City of Grand Terrace Check Register Index B.5.a Packet Pg. 56 Attachment: A - Check Register Account Index (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl 76130 03/01/2019 JEFF ALLEN 02152019 JA REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 Check #Date Vendor Invoice Description R 10-200-08 9.50 9.50 9.50 76131 03/01/2019 AVENU MUNISERVICES INV06-005048 JAN19 BUSINESS LICENSE SERVICES 01/31/2019 E 10-140-250-000-000 4,078.32 4,078.32 4,078.32 76132 03/01/2019 GREG BATLA 02152019 GB REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 R 10-200-08 9.50 9.50 9.50 76133 03/01/2019 BENSON PRODUCTS 1243 FEB19 VIDEOGRAPHY SERVICES 02/12/2019 E 10-380-250-000-000 1,020.00 1,020.00 1,020.00 76134 03/01/2019 CENTURYLINK 78080775 FEB19 PHONE & INTERNET SVCS 02/17/2019 E 10-190-235-000-000 1,323.41 1,323.41 1,323.41 76135 03/01/2019 TRANSPORTATION ENGINEERING AND 1653 JAN19 PREPARATION OF SBCTA/SCAG GROWTH FOR 02/06/2019 E 10-370-250-000-000 300.00 300.00 300.00 76136 03/01/2019 GT AREA CHAMBER OF COMMERCE 020519 MEMBERSHIP DUES FY2018-19 02/05/2019 E 10-190-265-000-000 250.00 250.00 250.00 76137 03/01/2019 GT COMMUNITY BASKETBALL 100 COMMUNITY BENEFITS FUND AWARD FY2018-19 02/12/2019 E 61-461-100-000-000 1,449.98 1,449.98 1,449.98 B.5.b Packet Pg. 57 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76138 03/01/2019 KENNETH J HENDERSON 02152019 KH REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 R 10-200-08 9.50 9.50 9.50 76139 03/01/2019 WILLIAM HUSSEY MAR-2019-BH MAR19 HEALTH INS REIMB - HUSSEY 02/25/2019 E 10-110-142-000-000 249.23 249.23 249.23 76140 03/01/2019 INLAND EMPIRE DIVISION LEAGUE OF 2746 2019 MEMBERSHIP DUES- INLAND EMPIRE DIVISION 01/17/2019 E 10-190-265-000-000 600.00 600.00 600.00 76141 03/01/2019 JEFFREY MCCONNELL 02152019 JM REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 R 10-200-08 9.50 9.50 9.50 76143 03/01/2019 MICHAEL BAKER INTERNATIONAL 1034185 ENVIRONMENTAL STUDY FY2018-19 SVCS FOR 0CT18 12/12/2018 E 10-370-250-000-000 367.50 367.50 367.50 76144 03/01/2019 ON SITE COMPUTING 53006205 MAR19 IT SERVICES FY2018-19 02/01/2019 E 10-380-250-000-000 4,370.00 4,370.00 4,370.00 B.5.b Packet Pg. 58 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76145 03/01/2019 RIVERSIDE HIGHLAND WATER CO DEC-FEB 2018-1 DEC-FEB 2018-19 WATER USE 02/13/2019 E 10-805-238-000-000 740.80 E 26-600-239-000-000 92.62 E 26-601-239-000-000 172.50 E 10-175-238-000-000 59.31 E 10-190-238-000-000 638.97 E 10-450-238-000-000 4,612.23 E 32-600-307-000-000 190.89 E 32-600-326-000-000 26.36 E 48-600-330-010-000 180.54 E 32-600-214-000-000 13.18 E 32-600-216-000-000 13.18 E 32-600-301-000-000 13.18 E 52-700-238-002-000 13.18 6,766.94 6,766.94 76146 03/01/2019 ROADRUNNER SELF STORAGE INC 24255 FEB19 STORAGE RENTAL FY2018-19 02/22/2019 161,808.00 E 10-140-241-000-000 288.00 288.00 288.00 76148 03/01/2019 SB COUNTY SHERIFF 18264 MAR19 LAW ENFORCEMENT CONTRACTUAL SERVICE 02/26/2019 76149 03/01/2019 SPARKLETTS 16179154021619 FEB19 WATER FILTRATION SYSTEM RENTAL 02/16/2019 E 10-410-255-000-000 5,636.40 E 10-410-256-000-000 156,171.60 161,808.00 E 10-190-238-000-000 73.00 73.00 73.00 76150 03/01/2019 SUNBELT RENTALS INC 85173672-0002 RENTAL EQUIPMENT FOR CITY EVENTS 12/28/2018 2,381.28 E 10-120-220-000-000 954.95 E 10-175-220-000-000 954.95 E 62-120-220-000-000 471.38 B.5.b Packet Pg. 59 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 84195581-0001 RENTAL EQUIPMENT FOR LIGHT UP GT 11/15/2018 E 62-120-220-000-000 2,162.90 2,162.90 E 10-190-238-000-000 109.98 109.98 0197046020619 CITY HALL CABLE - CITY HALL - 2/16-3/15 02/06/2019 4,544.18 76151 03/01/2019 TIME WARNER CABLE 0228510021719 CITY HALL INTERNET - TWC BC - 2/25-3/24 02/17/2019 E 10-805-238-000-000 73.91 73.91 0156711021719 SR CENTER TV - CLUB HOUSE - 2/25-3/24 02/17/2019 E 10-190-238-000-000 82.23 82.23 0153825021319 SR CENTER INTERNET - HSD3 - 2/23-3/22 02/13/2019 E 10-805-238-000-000 19.11 19.11 285.23 76152 03/01/2019 VERIZON WIRELESS 9822921415 ALPR CARD LINE CHARGES 12/24-1/23 01/23/2019 152.00 E 10-190-235-000-000 190.05 190.05 190.05 76153 03/01/2019 WESTERN EXTERMINATORS CO 6778402 JAN19 PEST CONTROL SERVICES FY2018-19 01/31/2019 76154 03/01/2019 WILLDAN FINANCIAL SERVICES 010-40701 FEB19 FINANCE DEPARTMENT SERVICES 03/01/2019 E 10-195-245-000-000 89.00 E 10-805-245-000-000 63.00 152.00 E 10-140-250-000-000 1,720.00 1,720.00 1,720.00 76155 03/01/2019 DOUG WILSON 02152019 DW REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 R 10-200-08 9.50 9.50 9.50 B.5.b Packet Pg. 60 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76156 03/01/2019 DARCY MCNABOE 02192019 DM REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 R 10-200-08 9.50 9.50 9.50 76157 03/01/2019 DARCY MCNABOE MAR 2019 DM MAR 2019 HEALTH INSURANCE REIMB - MCNABOE 02/24/2019 E 10-110-142-000-000 513.54 513.54 513.54 76158 03/01/2019 SYLVIA ROBLES MAR 2019 SR 1 MAR19 HEALTH INSURANCE REIMB - ROBLES 02/28/2019 E 10-110-142-000-000 232.77 232.77 232.77 76159 03/01/2019 SYLVIA ROBLES 02152019 SR REFUND FOR OVERPAYMENT OF CANDIDATE STATE 02/15/2019 R 10-200-08 9.50 9.50 9.50 76160 03/11/2019 AARVIG AND ASSOCIATES APC 34123 FEBRUARY 2019 LEGAL SERVICES 02/28/2019 E 10-160-250-100-000 3,100.00 3,100.00 3,100.00 76161 03/11/2019 ALBERT A WEBB ASSOCIATES 190532 FEB19 COMMERCE WAY FINAL DESIGN 02/23/2019 E 46-900-326-030-000 2,485.44 2,485.44 2,485.44 76162 03/11/2019 CLEAN STREET 93062 JAN19 STREET SWEEPING SERVICES 01/31/2019 72.32 E 16-900-254-000-000 3,683.34 3,683.34 3,683.34 76163 03/11/2019 COMPUTERIZED EMBROIDERY CO INC 37394 UNIFORMS FOR CODE ENFORCEMENT 02/27/2019 E 10-185-218-000-000 72.32 72.32 B.5.b Packet Pg. 61 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76164 03/11/2019 HIGH TECH SECURITY SYSTEMS 129801 APR19 FIRE ALARM MONITORING & MAINTENANCE 03/01/2019 E 10-175-246-000-000 25.00 E 10-195-247-000-000 25.00 E 10-450-246-000-000 25.00 E 46-900-326-020-000 7,575.00 7,575.00 47489 JAN19 COMMERCE WAY REAL ESTATE 02/18/2019 75.00 75.00 76165 03/11/2019 INTERWEST CONSULTING GROUP 47072 JAN19 COMMERCE WAY PROJECT MGMT 02/08/2019 E 46-900-325-010-000 2,173.75 2,173.75 9,748.75 76166 03/11/2019 OTIS ELEVATOR COMPANY SAU16094001 ELEVATOR FIXTURE REPAIR DOWN PAYMENT 02/01/2019 E 10-195-245-000-000 260.00 260.00 260.00 76167 03/11/2019 SAN BERNARDINO COUNTY FIRE DEP GT319CC JAN19-MAR19 HOUSEHOLD HAZARDOUS WASTE SVC 01/07/2019 E 10-187-258-000-000 4,384.70 4,384.70 4,384.70 76168 03/11/2019 UNDERGROUND SERVICE ALERT 18dsbfee828 MAR19 CA STATE FEE FOR REGULATORY COSTS - GT 03/01/2019 E 16-900-220-000-000 45.87 45.87 45.87 76169 03/11/2019 UPS 00001XW845059 BACK-FLOW ANNUAL TEST AND CALIBRATION 02/02/2019 E 10-450-246-000-000 70.81 70.81 70.81 76170 03/11/2019 WEST COAST ARBORISTS INC 145340 STUMP REMOVAL 22819 VISTA GRANDE 01/25/2019 E 20-100-245-000-000 480.00 480.00 480.00 B.5.b Packet Pg. 62 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76171 03/11/2019 WILLDAN 00415063 PUBLIC WORKS INSPECTION/REVIEW SVCS 23115 PA 01/22/2019 E 16-175-255-100-000 378.00 378.00 00415064 PUBLIC WORKS INSPECTION/REVIEW SVCS TRACT 1 01/22/2019 E 16-175-255-100-000 756.00 756.00 00415062 PUBLIC WORKS INSPECTION/REVIEW SVCS SB COUN 01/22/2019 1,638.00 76172 03/11/2019 XEROX CORPORATION 096230343 FEB19 W7970 COPIER LEASE AND IMPRINTS FY2018-03/01/2019 E 16-175-255-100-000 252.00 252.00 00415061 PUBLIC WORKS INSPECTION/REVIEW SVCS CONST I 01/22/2019 E 10-190-212-000-000 722.09 722.09 096230342 FEB19 5955 COPIER LEASE AND IMPRINTS FY2018-19 03/01/2019 E 16-175-255-100-000 252.00 252.00 E 10-190-212-000-000 322.19 322.19 1,044.28 76173 03/15/2019 BENSON PRODUCTS 1251 VIDEOGRAPHY SERVICES BLUE MOUNTAIN HIKE 03/03/2019 E 10-380-250-000-000 530.00 530.00 530.00 76174 03/15/2019 TARA CESENA 03122019 TC LOCC PLANNING COMMISSIONERS ACADEMY HOTEL 03/12/2019 E 10-801-270-000-000 497.26 497.26 497.26 76175 03/15/2019 COUNTY OF RIVERSIDE AN0000001590 FEB19 SHELTERING SVCS FOR ANML CTRL 03/11/2019 E 10-185-255-000-000 1,630.74 1,630.74 1,630.74 B.5.b Packet Pg. 63 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76176 03/15/2019 OFFICE DEPOT 257408719001 PAPER, INK SUPPLIES FY2018-19 01/10/2019 E 10-370-210-000-000 137.88 137.88 257185051001 FINANCE OFFICE SUPPLIES 01/10/2019 E 10-190-212-000-000 1,411.69 1,411.69 281261004001 OFFICE SUPPLIES - PLANNING 03/01/2019 E 10-190-210-000-000 52.79 52.79 281282672001 OFFICE SUPPLIES - BLDG & SFTY 03/01/2019 E 10-140-210-000-000 89.78 89.78 257395196001 KITCHEN SUPPLIES FY2018-19 01/10/2019 E 10-140-210-000-000 17.55 17.55 281282673001 OFFICE SUPPLIES - BLDG & SFTY 03/01/2019 E 10-172-210-000-000 17.96 17.96 257185051002 FINANCE OFFICE SUPPLIES 01/14/2019 E 10-172-210-000-000 7.85 7.85 1,735.50 76177 03/15/2019 SB COUNTY DEPT OF PUBLIC WORKS P-22019008 REVIEW FEE DEPOSIT - GT AND DEBERRY STORM DR 01/22/2019 495.36 E 46-900-326-030-000 3,000.00 3,000.00 3,000.00 76178 03/15/2019 SHELL FLEET MANAGEMENT 8000209687902 JAN19-FEB19 VEHICLE FUEL 02/03/2019 E 10-185-272-000-000 155.36 E 65-425-272-000-000 340.00 495.36 B.5.b Packet Pg. 64 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76179 03/15/2019 SO CA EDISON COMPANY FEB 2019 EDISO FEB 2019 ENERGY USAGE 02/28/2019 DEC 2018 EDISO DEC 2018 ENERGY USAGE 3 01/04/2019 E 10-172-238-000-000 52.02 E 10-175-238-000-000 52.01 E 10-190-238-000-000 3,196.01 E 16-510-238-000-000 4,846.66 E 26-600-238-000-000 49.80 E 26-601-238-000-000 41.50 E 10-450-238-000-000 1,197.48 E 16-510-238-000-000 590.02 5,087.54 5,036.06 JAN 2019 EDISO JAN 2019 ENERGY USAGE 2 02/07/2019 E 16-510-238-000-000 4,797.75 E 26-602-238-000-000 58.10 E 26-603-238-000-000 10.00 E 26-604-238-000-000 30.00 E 26-603-238-000-000 10.00 E 26-604-238-000-000 30.00 4,987.15 15,110.75 E 26-600-238-000-000 49.80 E 26-601-238-000-000 41.50 E 26-602-238-000-000 58.10 R 10-410-01 55.00 R 10-410-06 87.60 B 23-200-23-00 2.00 76180 03/15/2019 SOLAR MAX 03112019 SM REFUND BUILDING PERMIT B00003130 / 23212 THOMP 03/11/2019 291.03 144.60 144.60 76181 03/15/2019 SPARKLETTS 9637116030119 FEB19 BOTTLED WATER 03/01/2019 E 10-190-238-000-000 81.91 E 10-805-238-000-000 209.12 291.03 B.5.b Packet Pg. 65 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 76182 03/15/2019 THE REC CENTER 0212 2018-19 COMMUNITY BENEFITS FUND AWARD CHEER 03/12/2019 278.22 76184 03/15/2019 VERIZON WIRELESS 9824870917 ALPR CARD LINE CHARGES 1/24-2/23 02/23/2019 E 61-461-200-000-000 1,245.00 1,245.00 1,245.00 76183 03/15/2019 TIME WARNER CABLE 0007245022819 SR CTR CABLE INTERNET BLDG3 - 3/7-4/6 02/28/2019 E 10-190-235-000-000 190.05 190.05 9817155686 ALPR CARD LINE CHARGES 9/24-10/23 10/23/2019 E 10-805-238-000-000 278.22 278.22 1,020.00 76186 03/22/2019 AT AND T FEB 2019 AT&T FEB19 AT&T PHONE & INTERNET SVCS 03/01/2019 E 10-190-235-000-000 190.05 190.05 380.10 76185 03/15/2019 WILLDAN 002-20672 FEB19 PLAN CHECK AND REVIEW SVCS FY2018-19 02/27/2019 E 10-190-235-000-000 543.01 E 10-450-235-000-000 186.93 E 10-805-235-000-000 347.53 E 10-172-250-100-000 1,020.00 1,020.00 1,015.78 E 10-808-235-000-000 251.03 1,328.50 1,328.50 76187 03/22/2019 CHEVRON TEXACO CARD SERVICES 55584127 FEB19 VEHICLE FUEL 03/06/2019 E 10-175-272-000-000 1,015.78 1,015.78 B.5.b Packet Pg. 66 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 30087 76188 03/22/2019 CITY NEWSPAPER GROUP 29903 HEARING NOTICE FOR CB HEARING 02/12/2019 E 10-125-230-000-000 107.49 107.49 ORDINANCE NO 322 2ND READING 03/18/2019 E 10-125-230-000-000 79.00 79.00 265.49 76189 03/22/2019 COMPUTERIZED EMBROIDERY CO INC 37393 BLUE MOUNTAIN VISORS 02/27/2019 79.00 30001 1ST READING ORDINANCE NO 322 03/01/2019 E 10-125-230-000-000 79.00 E 10-120-220-000-000 387.90 387.90 387.90 76190 03/22/2019 DMV RENEWAL 03052019 DMV REPLACEMENT REGISTRATION CARD FOR SR BUS 03/05/2019 E 65-425-220-000-000 22.00 22.00 22.00 76191 03/22/2019 FAMILY SERVICES ASSOCIATION FSA JUL 2018 JUL 2018 REMITTANCE - CHILD CARE SERVICES 03/20/2019 R 09-447-28 11,499.20 11,499.20 11,499.20 76192 03/22/2019 LEAGUE OF CALIFORNIA CITIES 01182019 LOCC 1/17-1/18 POLICY COMMITEE LUNCH 01/18/2019 E 10-110-270-000-000 43.61 43.61 43.61 76193 03/22/2019 DARCY MCNABOE APR 2019 DM APR 2019 HEALTH INSURANCE REIMB - MCNABOE 03/21/2019 E 10-110-142-000-000 513.54 513.54 513.54 B.5.b Packet Pg. 67 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description 201.72 76194 03/22/2019 SHELL FLEET MANAGEMENT 8000209687903 FEB19 VEHICLE FUEL 03/06/2019 76195 03/22/2019 SO CA EDISON COMPANY FEB 2019 EDISO FEB 2019 ENERGY USAGE 2 03/08/2019 E 10-185-272-000-000 116.72 E 65-425-272-000-000 85.00 201.72 E 26-602-238-000-000 58.10 E 26-603-238-000-000 10.00 E 26-604-238-000-000 30.00 E 16-510-238-000-000 4,797.87 E 26-600-238-000-000 49.80 E 26-601-238-000-000 41.50 E 10-175-272-000-000 7.80 E 10-185-272-000-000 5.20 E 10-190-238-000-000 725.78 4,987.27 4,987.27 76196 03/22/2019 SO CA GAS COMPANY JAN19-FEB19 GA JAN19-FEB19 NATURAL GAS USAGE 2 03/11/2019 E 10-805-238-000-000 320.35 1,059.13 1,059.13 76197 03/22/2019 TIME WARNER CABLE 0197046030619 CITY HALL CABLE - CITY HALL - 3/16-4/15 03/06/2019 E 10-190-238-000-000 104.12 104.12 104.12 76198 03/22/2019 TKE ENGINEERING INC 2019-96 DEC18-FEB19 INSPECTIONS REVIEW TERRACE VIEW 02/19/2019 E 10-175-250-000-000 195.00 195.00 195.00 76199 03/22/2019 WILLDAN 00414990 PUBLIC WORKS INSPECTION/REVIEW SVCS SCE HIG 12/21/2019 E 16-175-255-100-000 504.00 504.00 504.00 B.5.b Packet Pg. 68 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) Invoice # Check Register CITY OF GRAND TERRACE As of 3/31/2019 Inv. Date Amount P id Check Ttl Check #Date Vendor Invoice Description Cynthia A. Fortune, Assistant City Manager City of Grand Terrace 76200 03/28/2019 ARROWHEAD CREDIT UNION FEB 2019 VISA FEB 2019 VISA CHARGES 03/02/2018 E 10-120-270-000-000 City/County Conf/CM Conf 1,399.75 E 10-125-210-000-000 Office Supplies 45.16 E 10-125-270-000-000 City County conference 329.22 E 10-110-270-000-000 City/County Conference 721.00 E 10-120-210-000-000 Office Supplies 10.00 E 10-120-220-000-000 Blue Mtn Hike Materials 1,168.05 E 10-175-218-000-000 Public Works Mtrls & Supp 16.53 E 10-185-218-000-000 Work Boots 82.22 E 10-190-210-000-000 Office Supplies 14.28 E 10-140-265-000-000 Govt Fin Offc Annual Dues 380.00 E 10-140-270-000-000 Govt Fin Offc Annual Conf 716.00 E 10-172-210-000-000 Office Supplies 21.49 E 10-370-250-000-000 Plng Mtrls & Supplies 110.16 E 10-370-268-000-000 Assoc of Env Prof Dues 225.00 E 10-450-245-000-000 Parks Mtrls & Supplies 690.40 E 10-190-220-000-000 Federal Award Sys Renewal 590.00 E 10-190-250-000-000 Misc. Materials & Supplies 30.00 E 10-195-245-000-000 Misc. Materials & Supplies 95.48 IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF. 6,726.04 6,726.04 Total:272,949.02 E 10-805-245-000-000 Sr Ctr Mtrls & Supplies 41.44 E 16-900-220-000-000 Street Maint Materials 24.77 E 65-425-220-000-000 Sr Bus Voice Mail Subscrip 15.09 B.5.b Packet Pg. 69 Attachment: B - Check Register No. 03312019 [Revision 1] (Approval of Check Register No. 03312019) AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: Council Ad-Hoc Committee (National Orange Show- Noise Complaints) Update PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Receive and file the Ad-hoc Committee Update and/or Provide Direction to Staff and Ad Hoc Committee 2030 VISION STATEMENT: This staff report supports City Council’s Goal #4 Develop and implement successful partnerships by working collaboratively with community groups, private and public sector agencies to facilitate the delivery of services benefitting our community. BACKGROUND: On February 26, 2019, the City Council reviewed a new Noise Policy proposed by the National Orange Show (NOS). The Noise Policy was an attempt to address noise complaints stemming from outdoor concerts hosted at the NOS. Because Grand Terrace leaders and residents have grappled with noise from the NOS for several years, the City Council established a Council Ad -Hoc Committee to meet with National Orange Show leaders to try and address the NOS’s impact on Grand Terrace. Mayor McNaboe recommended Mayor Pro. Tem. Wilson and Council Person Robles to represent the City as the Ad-Hoc Committee and City Council approved the action. DISCUSSION: On March 21, 2019, the Ad-Hoc Committee, City Attorney and City Manager met with CEO Dan Jimenez, the Chairmen of the NOS Board and Mark Edwards, Legal Counsel for the NOS. Mr. Edwards facilitated the discussion. The City explained the significant impacts that concerts are having on the quality of life of its residents. The City also outlined that the new Noise Policy would not be effective because it does not measure the type of sound “thumping” generated during the actual concerts. The City then shared residents’ frustration with the telephone ca ll-in line, as residents are unable to reach a live person to lodge a complaint. NOS staff indicated that they would add additional lines. At the beginning of the meeting, Mr. Edwards opined that the NOS was exempt from local regulation. The City Attorney requested legal authority to support that opinion. Mr. D.6 Packet Pg. 70 Edwards subsequently provided a written analysis to purportedly support his position (Attachment I). Subject to direction from the full Council, the City Attorney will conduct a full analysis of this opinion. The reason the City Attorney desires full Council direction is that, even if Mr. Edwards’ analysis is incorrect and the NOS is found to be subject to local regulation, then the NOS would be subject to regulation by San Bernardino, not necessarily Grand Terrace since the NOS is not within the jurisdiction of Grand Terrace. Thus, before incurring legal services which may only indirectly benefit Grand Terrace, the City Attorney requests City Council approval. Another option is to first reach out to San Bernardino to see if they have already reviewed this opinion before expending City resources. The NOS hosted two raves on March 22 and 23, 2019. The City tracked the complaints (Attachment II). This report provides a summary of the March 21, 2019 meeting. The Ad-Hoc Committee members will also provide their verbal comments at the meeting. FISCAL IMPACT: There is no fiscal impact to receiving and filing the report. ATTACHMENTS: • BatchGeo Map - NOS Noise Issue Report (PDF) • NOS Opinion (PDF) APPROVALS: G. Harold Duffey Completed 04/03/2019 5:31 PM City Attorney Completed 04/03/2019 6:07 PM Finance Completed 04/03/2019 6:36 PM City Manager Completed 04/03/2019 7:16 PM City Council Pending 04/09/2019 6:00 PM D.6 Packet Pg. 71 3/25/2019 NOS Noise Issue Report https://batchgeo.com/map/682697850e66f128cc5b295f898a190a 1/3 Marker 2061 E. Duron Street 22222 33333 NOS Noise Issue Report  D.6.a Packet Pg. 72 Attachment: BatchGeo Map - NOS Noise Issue Report (Council Ad-Hoc Committee (National Orange 3/25/2019 NOS Noise Issue Report https://batchgeo.com/map/682697850e66f128cc5b295f898a190a 2/3 Map data ©2019 GoogleReport a map error1000 ft   Contact map owner A22840 Grand Terrace Road Grand Terrace, CA 92313 3/22/19, 4:40 p.m. B22322 Grand Terrace Road Grand Terrace, CA 92313 3/22/19, 7:05 p.m. C26520 Kessel Road Colton, CA 92324 3/22/19, 8:45 p.m. D11724 Eton Drive Grand Terrace, CA 92313 3/22/19, 10:37 p.m. E2000 South Glenwood Avenue Colton, CA 92324 3/22/19, 11:13 p.m. F23080 Jensen Court Grand Terrace, CA 92313 3/22/19, 11:23 p.m. G11901 Kingston Street Grand Terrace, CA 92313 3/22/19, 11:46 p.m. H11724 Eton Drive Grand Terrace, CA 92313 3/22/19, 11:48 p.m. D.6.a Packet Pg. 73 Attachment: BatchGeo Map - NOS Noise Issue Report (Council Ad-Hoc Committee (National Orange 3/25/2019 NOS Noise Issue Report https://batchgeo.com/map/682697850e66f128cc5b295f898a190a 3/3 I12168 Observation Drive Grand Terrace, CA 92313 3/22/19, 11:48 p.m. J12197 Country Club Lane Grand Terrace, CA 92313 3/22/19, 11:53 p.m. K11901 Kingston Street Grand Terrace, CA 92313 3/22/19, 11:57 p.m. L12694 Mirado Avenue Grand Terrace, CA 92313 3/22/19, 11:59 p.m. M12168 Mt. Vernon Avenue Grand Terrace, CA 92313 3/23/19, 1:21 a.m. N11901 Kingston Street Grand Terrace, CA 92313 3/23/19, 2:27 p.m. O23106 Glendora Drive Grand Terrace, CA 92313 3/23/19, 4:50 p.m. P22823 La Paix Street Grand Terrace, CA 92313 3/23/19, 10:05 p.m. Q22800 Vista Grande Way Grand Terrace, CA 92313 3/23/19, 10:15 p.m. Download NOS Noise Issue Report Google Earth (KML) D.6.a Packet Pg. 74 Attachment: BatchGeo Map - NOS Noise Issue Report (Council Ad-Hoc Committee (National Orange D.6.b Packet Pg. 75 Attachment: NOS Opinion (Council Ad-Hoc Committee (National Orange Show- Noise Complaints) Update) D.6.b Packet Pg. 76 Attachment: NOS Opinion (Council Ad-Hoc Committee (National Orange Show- Noise Complaints) Update) AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: Adoption of an Urgency Ordinance and First Reading and Introduction of a Regular Ordinance Adding Chapter 12.56 to the Grand Terrace Municipal Code Establishing Regulations for Wireless Telecommunications Facilities in the Public Right–Of-Way; and Adoption of City Council Resolution Establishing Policies for Small Wireless Facilities. PRESENTED BY: Alan French, Public Works Director RECOMMENDATION: 1. Read the title of Urgency Ordinance No. 323 waive further reading of the urgency ordinance, and adopt the ordinance as an urgency measure; and 2. Read the title of Regular Ordinance No. XXX, waive further reading of the regular ordinance, and introduce the regular ordinance; and 3. Adopt proposed Resolution No. 2019-__, which establishes City Council Policies for Small Wireless Facilities. 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety. BACKGROUND: In prior decades, wireless antennas and equipment were primarily installed on large towers or “macro-cells” located on private property and in some cases on public property by agreement with the City. These deployments are generally subject to conditional use permit approval under the Zoning Code and are current ly prohibited in residential zones. In recent years, however, the wireless industry has become very aggressive in deploying wireless facilities in the City’s public right of way (“PROW”) on utility poles, streetlights and new poles. This move is intended to create additional capacity to meet growing demand for broadband and data services, and the onset of “5G” (fifth generation) wireless networks. The demand for such wireless installations, particularly small wireless facilities (or “SWFs”), is expected to grow exponentially over the next several years given the expansion of home streaming video, social media, drones, self - driving cars and the Internet of Things (IoT) serving homes and businesses. To accommodate this expansion, the telecommunications industry is starting to look for small cell 5G technology. 5G technology is distinguished from the present 4G service G.7 Packet Pg. 77 by use of low power transmitters with coverage rad ius of approximately 400 feet. 5G thus requires close spacing of antennas, which in turn requires the deployment of more SWFs. PROW street light poles and other poles are, therefore, suited for 5G SWFs. To support this expansion, for example, SB 649 was proposed in the California Legislature in 2017 that would have allowed wireless facilities in the public right of way with almost no local discretion over issues like design, equipment noise, exhaust from backup diesel generators, lighting, or proximity of large cabinets to bedroom windows (when mounted on poles), or residential driveways, when mounted on the ground. The bill was primarily supported by the Cellular Telecommunications and Internet Association, the main trade group for the U.S. wireless telecommunications industry. The group said SB 649 would help boost the economy. Luckily for lo cal governments, Governor Brown vetoed the bill, noting that while he saw the value in extending this innovative technology rapidly and efficiently, the bill took too much control away from cities and counties. On the federal level, the Federal Telecommunications Act governs and is intended to ensure that the public has sufficient access to telecommunication services. Based on this federal law, a local government shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Further, no State or local government may dictate, or even consider, wireless entitlements based on “the environmental (health) effects of radio frequency emissions to the extent that such facilities comply with the [Federal Communications Commission’s (“FCC”)] regulations concerning such emissions.” A zoning authority’s mere consideration of health effects, including potential effects on property values due to potential radio frequency emissions, may not serve as “substantial evidence” for purposes of denying a wireless facility. The City’s role in the siting and design of wireless facilities is generally limited to aesthetics. On September 27, 2018, the FCC released a Declaratory Ruling and Third Report and Order (the “FCC Order”) significantly limiting state and local management of SWFs in the PROW (and, in a limited way, SWFs on private property). In short, the FCC Order does the following: • Shortens time frames and other requirements on local review of SWFs in the PROW. Now, if a city does not render a decision on an SWF 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 will be presumed to violate federal law. • Preempts all aesthetic, spacing and undergrounding requirements for SWFs in the PROW unless they are (1) reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments; (3) objective; and (4) published in advance1. In essence, this new standard for aesthetic conditions means that cities can impose aesthetic requirements to the extent they are “technically feasible” for the 1 If a city does not “publish” its design standards, then it does not appear that any standards can be enforced. G.7 Packet Pg. 78 provider. This is a significant departure from the “least intrusive means” analysis that developed in the Ninth Circuit over the last few decades. The FCC Order purports to overturn the “least intrusive means” standard entirely, with the new standards taking effect on April 15, 2019.2 • Caps all fees that local governments can charge to the actual and reasonable cost of providing service. This limitation applies to fees for SWFs located on private property as well. The FCC has also established three “buckets” for categories of wireless facilities: (i) Eligible Facilities Requests, (ii) SWFs, and (iii) macro-cells. Each of those “buckets” is subject to different standards. An “Eligible facilities request” means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving: 1. Collocation of new transmission equipment; 2. Removal of transmission equipment; 3. Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or 4. Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure. “SWF” means a “small wireless facility” as defined by the FCC in 47 C.F.R. 1.6002(l) as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below: 1. The facility: a. Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or b. Is mounted on an existing or proposed structure no more than 10 percent taller than other adjacent structures, or c. Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 2 Another FCC order that was released in August 2018 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. While the legal validity of both of these FCC orders is being litigated, the effectiveness of the orders has not been stayed. G.7 Packet Pg. 79 2. 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; 3. 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; 4. The facility does not require antenna structure registration under 47 C.F.R. Part 17; 5. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section 800.16(x); and 6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Title 47 C.F.R. Section 1.1307(b). A “macro-cell” is effectively a new Telecommunications tower, including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and 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 wireless communications 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 report introduces an ordinance to provide the regulatory framework and sta ndards for permitting the installation of SWFs within the City’s PROW. Staff has been working with the City Attorney’s office to draft such ordinance. The proposed ordinance and corresponding design standards have been revised in response to the FCC Orde r. The proposed ordinance also addresses “eligible facilities requests”—a category of “by-right” installations that were established by the FCC several years ago, but never acknowledged in the City’s current version of its Municipal Code. DISCUSSION: The City’s current rules and regulations cover major cell sites on private property or City owned property outside of the PROW; however, it does not address wireless facilities within the PROW. It is therefore important that the City update its Municipal Code with new standards and procedures to address wireless facilities in the PROW by April 14, 2019. PROPOSED REGULAR ORDINANCE AND RESOLUTION Staff therefore recommends the Council adopt an ordinance adding Chapter 12.56 to the Municipal Code and which sets out the permitting procedures for SWFs in the PROW. The proposed ordinance seeks to balance the community’s need for wireless G.7 Packet Pg. 80 services, the industry’s need to deploy quickly, and the City’s obligation to maintain safety and protect the aesthetic qualities of our neighborhoods. As drafted, the proposed ordinance would: • Add a new Chapter 12.56 to the Municipal Code. For all wireless facility installations in the PROW, the 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 PROW similar to other installations in the PROW by requiring a permit. Once the permit is issued, the carrier may still need to obtain traffic control plans, construction permits and if necessary, a license to attach to City infrastructure. • The substantially shorter “shot clocks” established by the FCC Order render discretionary review by the planning commission (or any other hearing body) much more difficult, if not logistically impossible. To this end, the proposed ordinance presents an entirely new administrative review process for SWF and Major Wireless Facility applications in the PROW , with Public Works taking the lead of administratively reviewing SWF applications. • The new ordinance recognizes, and establishes procedures and standards for, “eligible facility requests” pursuant to Federal law. These are ministerial modifications and collocations that must be approved by - right and have been required by law since 2012. • Given the short time that the City must act on these applications under Federal law, there is no appeals process for SWF applications. The decision of the Public Works Director on SWF applications is final. On the other hand, the decision of the Public Works Directors on Major Wireless Facility applications (which is essentially all non-SWF and non-eligibility facility request applications) may be appealed to the Planning Commission. • The ordinance contains a comprehensive list of permit condi tions that will apply to wireless permits, including insurance requirements, indemnity, performance bond for removal upon abandonment, and maintenance and inspection requirements. The permits are in effect for a term of 10 years, which stems from a State law that allows the City to limit the permits to 10 years; compared to utility poles, for example, which are erected in perpetuity. • Staff sensed the importance of public awareness and involvement for wireless facilities. The ordinance thus requires applicants to provide mailed notices to owners, occupants and multi-family building property managers before they are approved. G.7 Packet Pg. 81 • Finally, the ordinance allows the flexibility needed in the face of rapidly changing wireless laws and technology. Rather than including SWF design standards in the ordinance, staff proposes that such standards should be adopted as administrative regulations that may be readily and quickly adapted given the frequency and magnitude of changes in law and technology surrounding wireless installations. To accompany the new ordinance, staff has also prepared a separate City Council Policy (included in the corresponding resolution) that will provide the industry direction on the City’s aesthetic, location and design requirements. For example, the proposed design standards recommend that when there is a choice in location, carriers should choose to site on a pole or street light that is between structures and not immediately adjacent to a structure, that paint and design should blend with surr ounding structures, that signage should be limited, and that lighting be prohibited unless required by the Federal Aviation Administration. This draft document is provided as an attachment to this report and once approved by the Council, will be promptly published by staff on the City’s website as required by the FCC Order. The proposed City Council Policy is incorporated into the attached resolution to this report for City Council consideration and approval; staff recommends that the City Council adopt t he design standards set forth in the proposed resolution. PROPOSED URGENCY ORDINANCE In addition to the proposed regular ordinance discussed above, Staff is also recommending that the City Council adopt an urgency ordinance in accordance with Government Code Sections 36934 and 36937. This urgency ordinance would enact the same regulations as those provided in the proposed ordinance discussed above , except that it would take effect immediately. An urgency ordinance is authorized for the immediate preservatio n of the public peace, health or safety and shall take effect immediately upon a four-fifths vote of the City Council. In this case, only enacting the proposed ordinance through the regular procedure (i.e., two readings and waiting 30 days for said ordinan ce to become effective) will be detrimental to the public peace, health or safety. Without the immediate implementation through an urgency ordinance of regulations specific to siting of SWFs in the public right-of-way, the City Council will be unable to adopt and implement regulations before the April 14, 2019, effective date for design standards. SWFs could therefore be approved that are inconsistent with the regulations being developed by the City as permitted by federal and state laws. In summary, the City Attorney is recommending the following actions by the City Council: 1. Introduction and first reading of the regular ordinance. 2. Adoption of an urgency ordinance that takes effect immediately and which requires a 4/5 vote of the City Council. 3. Adoption of a City Council resolution adopting aesthetic and location regulations which will be published on the City’s website after adoption. CEQA COMPLIANCE: The 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. Most of the G.7 Packet Pg. 82 terms and scope of city discretion are guided by existing State and Federal law. The ordinance creates an administrative process to process requests for wireless facilities in the PROW and the City’s discretion with these applications is limited. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Alternatively, the ordinance is exempt from 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)). Installations, if any, would further 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), as these facilities are allowed under Federal and State law, are by their nature smaller when placed in the PROW and subject to various siting and design preferences to prevent aesthetic impact to the extent feasible. FISCAL IMPACT: No fiscal impacts are associated with the ordinance. However, installation of wireless facilities would be subject to certain fees. ATTACHMENTS: • Wireless Ordinance (DOCX) • Urgency Ordinance (DOCX) • CouncilPolicyWireless Resolution No. 2019 - (DOCX) • SWFCity Council Policy (DOCX) • Exhibit A -Chapter 12.056 WTFs in the Public R-O-W (DOCX) APPROVALS: Alan French Completed 03/30/2019 10:37 AM City Attorney Completed 04/03/2019 6:16 PM Finance Completed 04/03/2019 6:55 PM City Manager Completed 04/03/2019 7:21 PM City Council Pending 04/09/2019 6:00 PM G.7 Packet Pg. 83 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 12 OF THE GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER 12.56, WHICH ESTABLISHES REGULATIONS FOR ALL WIRELESS TELECOMMUNICATION FACILITIES LOCATED IN THE PUBLIC RIGHT OF WAY IN THE CITY OF GRAND TERRACE WHEREAS, the City Council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws. WHEREAS, significant changes in Federal and State law that affect local authority over wireless communications facilities ("WCFs") have occurred, including but not limited to the following: A. On November 18, 2009, the Federal Communications Commission ("FCC') adopted a declaratory ruling (the "2009 Shot Clock"), which established presumptively reasonable timeframes for State and local governments to act on applications for WCFs. B. On February 22, 2012, Congress adopted Section 6409(a) of the Middle Class Tax Relief and Job Creation Act ("Section 6409(a)"), which mandated that State and local governments approve certain modifications and collocations to existing WCFs, known as eligible facilities requests. C. On October 17, 2014, the FCC adopted a report and order that, among other things, implemented new limitations on how State and local governments review applications covered by Section 6409(a), established an automatic approval for such applications when the local reviewing authority fails to act within 60 days, and also further restricted generally applicable procedural rules under the 2009 Shot Clock. D. On October 9, 2015, California adopted Assembly Bill No. 57 (Quirk), which deemed approved any WCF applications when the local reviewing authority fails to act within the 2009 Shot Clock timeframes. E. On August 2, 2018, the FCC adopted a declaratory ruling that formally prohibited express and de facto moratoria for all telecommunications services and facilities under 47 U.S.C. § 253(a). F. On September 26, 2018, the FCC adopted a declaratory ruling and report and order that, among other things, creates a new regulatory classification for small wireless facilities (“SWFs”), requires State and local governments to process applications for small wireless facilities within 60 days or 90 days, establishes a national standard for an effective prohibition and provides that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. G.7.a Packet Pg. 84 Attachment: Wireless Ordinance [Revision 7] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 2 01247.0006/534093.1 WHEREAS, in addition to the changes described above, new Federal laws and regulations that drastically alter local authority over WCFs are currently pending, including without limitation, the following: A. On March 30, 2017, the FCC issued a Notice of Proposed Rulemaking (WT Docket No. 17-79, WC Docket No. 17-84) and has acted on some of the noticed issues referenced above, but may adopt forthcoming rulings and/or orders that further limit local authority over wireless facilities deployment. B. On June 28, 2018, United States Senator John Thune introduced and referred to the Senate Committee on Commerce, Science and Transportation the "STREAMLINE Small Cell Deployment Act" (S. 3157) that, among other things, would apply specifically to small cell WCFs and require local governments to review applications based on objective standards, shorten the 2009 Shot Clock timeframes, require all proceedings to occur within the 2009 Shot Clock timeframes, and provide a "deemed granted" remedy for failure to act within the applicable 2009 Shot Clock. WHEREAS, Given the rapid and significant changes in Federal and State law, the actual and effective prohibition on moratoria to amend local policies in response to such changes and the significant adverse consequences for noncompliance with Federal and State law, the City Council desires to amend Chapter 12 of the Grand Terrace Municipal Code, entitled “Chapter 12.56 - WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF- WAY” (the “Ordinance”) to allow greater flexibility and responsiveness to the new Federal and State laws while still preserving the City's traditional authority to the maximum extent practicable. WHEREAS, On April 9, 2019 the City Council held a duly noticed public meeting on this Ordinance, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The facts set forth in the recitals in this Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in the Ordinance. Section 2. The Ordinance is consistent with the City’s General Plan, Title 12 Municipal Code, Title 18 Zoning Code and applicable Federal and State law. Section 3. The Ordinance will not be detrimental to the public interest, health, safety, convenience or welfare. Section 4. The 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 indirectl y. The Ordinance does not authorize any specific development or installation on any specific piece of property within G.7.a Packet Pg. 85 Attachment: Wireless Ordinance [Revision 7] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 3 01247.0006/534093.1 the City’s boundaries. The Ordinance is further exempt from 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)). Installations, if any, 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. The Ordinance is hereby adopted by the addition of a new Chapter 12.56, “WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY” to Title 12 of the Grand Terrace Municipal Code to read in its entirety as shown in Exhibit “A” attached hereto and incorporated herein by this reference. Section 6. If the provisions in this Ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior to the effective date of this section, the provisions in this Ordinance will control. Section 7. If any subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declare that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable. Section 8. This Ordinance shall take effect 30 days after its adoption. Section 9. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted at the designated locations in the City of Grand Terrace. ADOPTED, SIGNED and APPROVED this __ day of _____, 2019. Darcy McNaboe, Mayor ATTEST: Debra Thomas, City Clerk APPROVED AS TO FORM: Adrian R. Guerra, City Attorney G.7.a Packet Pg. 86 Attachment: Wireless Ordinance [Revision 7] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 4 01247.0006/534093.1 STATE OF CALIFORNIA ) COUNTY OF San Bernardino ) CITY OF Grand Terrace ) I, Debra Thomas, CITY CLERK OF THE CITY OF GRAND TERRACE, DO HEREBY CERTIFY that the foregoing Ordinance Number 2019-__ was duly adopted by the City Council of the City of Grand Terrace at a regular meeting of said Council on the __ day of ______, 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: Debra Thomas, City Clerk G.7.a Packet Pg. 87 Attachment: Wireless Ordinance [Revision 7] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) 01247.0006/543222.1 URGENCY ORDINANCE NO. 323 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE § 36934 AND 36937, WHICH ADDS CHAPTER 12.56 TO THE MUNICIPAL CODE ESTABLISHING REGULATIONS FOR ALL WIRELESS TELECOMMUNICATION FACILITIES LOCATED IN THE PUBLIC RIGHT OF WAY IN THE CITY OF GRAND TERRACE WHEREAS, the City Council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, significant changes in Federal and State law that affect local authority over wireless communications facilities ("WCFs") have occurred, including but not limited to the following: A. On November 18, 2009, the Federal Communications Commission ("FCC') adopted a declaratory ruling (the "2009 Shot Clock"), which established presumptively reasonable timeframes for State and local governments to act on applications for WCFs. B. On February 22, 2012, Congress adopted Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act ("Section 6409(a)"), which mandated that State and local governments approve certain modifications and collocations to existing WCFs, known as eligible facilities requests. C. On October 17, 2014, the FCC adopted a report and order that, among other things, implemented new limitations on how State and local governments review applications covered by Section 6409(a), established an automatic approval for such applications when the local reviewing authority fails to act within 60 days, and further restricted generally applicable procedural rules under the 2009 Shot Clock. D. On October 9, 2015, California adopted Assembly Bill No. 57 (Quirk), which deemed approved any WCF applications when the local reviewing authority fails t o act within the 2009 Shot Clock timeframes. E. On August 2, 2018, the FCC adopted a declaratory ruling that formally prohibited express and de facto moratoria for all telecommunications services and facilities under 47 U.S.C. § 253(a). F. On September 26, 2018, the FCC adopted a declaratory ruling and report and order that, among other things, creates a new regulatory classification for small wireless facilities (“SWFs”), requires State and local governments to process applications for small wireless facilities within 60 days or 90 days, establishes a national standard for an effective prohibition and provides that a failure to act within the applicable timeframe presumptively const itutes an effective prohibition; and G.7.b Packet Pg. 88 Attachment: Urgency Ordinance [Revision 6] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 2 01247.0006/543222.1 WHEREAS, in addition to the changes described above, new Federal laws and regulations that drastically alter local authority over WCFs are currently pending, including without limitation, the following: A. On March 30, 2017, the FCC issued a Notice of Proposed Rulemaking (WT Docket No. 17-79, WC Docket No. 17-84) and has acted on some of the noticed issues referenced above but may adopt forthcoming rulings and/or orders that further limit local authority over wireless facilities deployment. B. On June 28, 2018, United States Senator John Thune introduced and referred to the Senate Committee on Commerce, Science and Transportation the "STREAMLINE Small Cell Deployment Act" (S. 3157) that, among other things, would apply specifically to small cell WCFs and require local governments to review applications based on objective standards, shorten the 2009 Shot Clock timeframes, require all proceedings to occur within the 2009 Shot Clock timeframes, and provide a "deemed granted" remedy for failure to act within the applicable 2009 Shot Clock; and WHEREAS, given the rapid and significant changes in Federal and State law, the actual and effective prohibition on moratoria to amend local policies in response to such changes and the significant adverse consequences for noncompliance with Federal and State law, the City Council desires to add Chapter 12.56 to the Grand Terrace Municipal Code to allow greater flexibility and responsiveness to the new Federal and State laws while still preserving the City's traditional authority to the maximum extent practicable; and WHEREAS, Government Code § 36934 and 36937 expressly authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and WHEREAS, the City Council of the City of Grand Terrace deems it necessary to adopt an urgency ordinance pursuant to Government Code Section 36937(b) to add regulations to the Grand Terrace Municipal Code to regulate the placement of SWFs and WCFs in the public rights-of-way, finding the urgency to do so based upon the following facts: A. The global wireless telecommunications industry has developed and is starting to install SWFs primarily in public rights-of-way. SWFs are designed to accommodate "5G" technology. Wireless telecommunications providers have made inquiries with the City of Grand Terrace and other California cities about installing SWFs in municipal rights-of-way, and some other California cities are already receiving applications for such facilities. B. The Federal Telecommunications Act of 1996 preempts and declares invalid all state and local rules that restrict entry or limit competition in both local and long-distance telephone service, and the FCC has adopted regulations for the implementation of that Act. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abatements for supporting the insulators, wires, and other necessary fixtures of their G.7.b Packet Pg. 89 Attachment: Urgency Ordinance [Revision 6] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 3 01247.0006/543222.1 lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. C. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner and may involve the imposition of fees. D. The FCC adopted its FCC Ruling expressly to "reduce regulatory barriers to the deployment of wireless infrastructure and to ensure that our nation remains the leader in advanced wireless services and wireless technology." (FCC Ruling, ¶29.) The FCC Ruling is intended to facilitate the spread, growth, and accumulation of SWFs over a short period of time in order to enable deployment of technology that the FCC Ruling claims will enable increased competition in healthcare, Internet of Things applications, lifesaving car technologies, and creation of jobs. E. SWFs are primarily installed within public rights-of-way and as such create significant and far-reaching local concerns about traffic and pedestrian safety, land use conflicts and incompatibilities including excessive height of poles and towers; creation of visual and aesthetic blights arising from excessive size, heights, noise or lack of camouflaging of wireless facilities including the associated pedestals, meters, equipment and power generators, and protection and preservation of public property, all of which may negatively impact the unique quality and character of the City and the public health, safety and welfare thereof. Accordingly, regulating the installation of SWFs in the public right-of-way is necessary to protect and preserve the aesthetics in the community, as well as the values of properties within the City. F. The FCC Ruling sets forth new standards for state and local government regulations of SWFs, which standards restrict the aesthetic requirements that localities can imposed upon such facilities. Any aesthetic standard adopted by cities must be: (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) objective and published in advance. G. That portion of the FCC Ruling requiring aesthetic standards for SWFs to be reasonable, no more burdensome than on other infrastructure, and objective and pre-published, goes into effect April 15, 2019. Standards that are not published in advance of that date will not be enforceable as to any application incoming to the City until proper standards are published. Ad hoc aesthetic standards are not enforceable. Cities that have aesthetic, spacing, or undergrounding standards currently in place may continue to judge applications against their current standards. However, by April 15, cities may only enforce aesthetic, undergrounding and spacing standards that are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and objective and published in advance. H. Without the immediate implementation through an urgency ordinance of regulations specific to the siting of SWFs in the public right-of-way, the City Council will be unable to adopt and implement such regulations before the April 15, 2019 effective date for design standards. SWFs could therefore be approved that are inconsistent with the regulations being developed by the City as permitted by federal and state laws. G.7.b Packet Pg. 90 Attachment: Urgency Ordinance [Revision 6] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 4 01247.0006/543222.1 WHEREAS, on April 9, 2019, the City Council held a duly noticed public meeting on this Urgency Ordinance, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The facts set forth in the recitals in this Urgency Ordinance are true and correct and incorporated by reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in the Urgency Ordinance. Section 2. This Urgency Ordinance is consistent with the City’s General Plan, Grand Terrace Municipal Code, Grand Terrace Zoning Code and applicable Federal and State law. Section 3. This Urgency Ordinance will not be detrimental to the public interest, health, safety, convenience or welfare. Section 4. This Urgency Ordinance is categorically exempt pursuant to Sections 15060(c)(2) and 15061(b)(3) of CEQA, as the proposal 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. Section 5. Based on the foregoing recitals and all facts of record stated before the City Council, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this Urgency Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and take effect immediately upon adoption. A. SWFs are primarily installed within public rights-of-way and as such create significant and far-reaching local concerns about traffic and pedestrian safety, land use conflicts and incompatibilities including excessive height of poles and towers; creation of visual and aesthetic blights arising from excessive size, heights, noise or lack of camouflaging of wireless facilities including the associated pedestals, meters, equipment and power generators, and protection and preservation of public property, all of which may negatively impact the unique quality and character of the City and the public health, safety and welfare thereof. B. Accordingly, regulating the installation of SWFs in the public right-of-way is necessary to protect and preserve the aesthetics in the community, as well as the values of properties within the City. C. However, that portion of the FCC Ruling requiring aesthetic standards for SWFs to be reasonable, no more burdensome than on other infrastructure, and objective and pre- published, goes into effect April 15, 2019. Standards that are not published in advance of that date will not be enforceable as to any application incoming to the City until proper standards are published. G.7.b Packet Pg. 91 Attachment: Urgency Ordinance [Revision 6] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 5 01247.0006/543222.1 D. Furthermore, pursuant to the FCC Ruling, new shortened Shot-Clocks have already taken effect with respect to SWFs (either 60 or 90 days for full determination upon each application, including all notice periods, supplemental permits, and appeal periods). These shorter timeframes leave the City with inadequate time and resources to timely process incoming SWF applications under federal law absent significant streamlining of the City’s current practices and procedures. Therefore, it is of utmost need for the City to immediately establish a streamlined process for SWF application review. Therefore, this Urgency Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared. Section 6. This Urgency Ordinance is hereby adopted by adding a new Chapter 12.56, “WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF- WAY” to Title 12 of the Grand Terrace Municipal Code, to read in its entirety as shown in Exhibit A attached hereto and incorporated herein by this reference. Section 7. If the provisions in this Urgency Ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior to the effective date of this section, the provisions in this Urgency Ordinance will control. Section 8. If any subsection, subdivision, paragraph, sentence, clause or phrase of this Urgency Ordinance or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this Urgency Ordinance or any part thereof. The City Council hereby declare that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable. Section 9. This Urgency Ordinance is enacted pursuant to Government Code §§ 36934 and 36937 and shall be in full force and effect immediately upon its adoption by the City Council. Section 10. The City Clerk shall certify as to the passage and adoption of this Urgency Ordinance and shall cause the same to be posted at the designated locations in the City of Grand Terrace. ADOPTED, SIGNED and APPROVED this 9th day of April 2019. Darcy McNaboe, Mayor ATTEST: Debra Thomas, City Clerk G.7.b Packet Pg. 92 Attachment: Urgency Ordinance [Revision 6] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) PAGE 6 01247.0006/543222.1 APPROVED AS TO FORM: Adrian R. Guerra, City Attorney STATE OF CALIFORNIA ) COUNTY OF San Bernardino ) CITY OF Grand Terrace ) I, Debra Thomas, CITY CLERK OF THE CITY OF GRAND TERRACE, DO HEREBY CERTIFY that the foregoing Urgency Ordinance Number 2019-_____ was duly adopted by the City Council of the City of Grand Terrace at a regular meeting of said Council on the 9th day of April, 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: Debra Thomas, City Clerk G.7.b Packet Pg. 93 Attachment: Urgency Ordinance [Revision 6] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) RESOLUTION NO. 2019-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING CITY COUNCIL POLICY 2019-____ RELATING TO SMALL WIRELESS FACILITIES WHEREAS, significant changes in federal law have recently been enacted, which affect local authority over small wireless facilities, as defined in 47 CFR 1.6002(1); and WHEREAS, in response to the above-mentioned significant changes, the City Council has adopted Urgency Ordinance No. 323 and has introduced and conducted the first reading of a regular ordinance where both ordinances will update the City’s Municipal Code in response to the above-mentioned significant changes; and WHEREAS, Urgency Ordinance No. 323 and the aforementioned regular ordinance will provide the same regulations and both require the adoption of policies and procedures related to small wireless facilities; and WHEREAS, the City Council desires to adopt City Council Policy No. 2019-__ as required by Urgency Ordinance No. 323 and, if it is ultimately adopted by the City Council, the aforementioned regular ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. The recitals set forth above are true and correct and incorporated herein by this reference. Section 2. In response to these legislative changes, the City proposes adoption of new City Council Policy No. 2019-______, which would establish requirements for permitting, operation, and maintenance of small wireless facilities within the City of Grand Terrace. City Council Policy 2019-__ would provide the maximum amount of local control for small wireless facilities considering the revisions to federal law. Section 3. City Council Policy 2019-__ and all associated exhibits are hereby approved, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the ____ day of April 2019. ____________________________ Darcy McNaboe, Mayor ATTEST: ___________________________ Debra L. Thomas, City Clerk G.7.c Packet Pg. 94 Attachment: CouncilPolicyWireless Resolution No. 2019 - [Revision 5] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for RESOLUTION NO. 2019-__ PAGE 2 01247.0006/534097.1 APPROVED AS TO FORM: ___________________________ Adrian R. Guerra, City Attorney Exhibits: A. City Council Policy 2019-__ G.7.c Packet Pg. 95 Attachment: CouncilPolicyWireless Resolution No. 2019 - [Revision 5] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for 01247.0006/534094.1 COUNCIL POLICY SMALL WIRELESS FACILITIES PER 47 CFR 1.6002(1) “SWF REGULATIONS” SUBJECT: Small Wireless Facilities (Administrative Approvals and Standards POLICY NO.: ____ DATE ADOPTED: AUTHORITY: Resolution No. 2019-___ TABLE OF CONTENTS Page SECTION 1. GENERAL PROVISIONS ......................................................................................1 SECTION 1.1 PURPOSE AND INTENT ...........................................................................1 SECTION 1.2 GENERAL DEFINITIONS .........................................................................1 SECTION 2. SMALL WIRELESS FACILITIES .........................................................................3 SECTION 2.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS .............3 SECTION 2.2 SMALL CELL PERMIT APPLICATION REQUIREMENTS ..................3 SECTION 2.3 SMALL CELL PERMIT APPLICATION SUBMITTAL AND COMPLETENESS REVIEW ......................................................................6 SECTION 2.4 APPROVALS AND DENIALS; NOTICESError! Bookmark not defined. SECTION 2.5 STANDARD CONDITIONS OF APPROVAL ..........................................8 SECTION 2.6 SECTION 2.6. LOCATION REQUIREMENTS .......................................9 SECTION 2.7 DESIGN STANDARDS ............................................................................11 G.7.d Packet Pg. 96 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 1 SECTION 1. GENERAL PROVISIONS SECTION 1.1 PURPOSE AND INTENT This Policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC' s regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law. SECTION 1.2 GENERAL DEFINITIONS (a) Undefined Terms. Undefined phrases, terms or words in this Policy will have the meanings assigned to them in Chapter 1.04.010 of the Grand Terrace Municipal Code, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings. If any definition assigned to any phrase, term or word in this Policy conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control. (b) Defined Terms. (1) “approval authority” means the City official responsible for reviewing applications for small cell permits and vested with the authority to approve, conditionally approve or deny such applications as provided in this Policy. The approval authority for applications in connection with small wireless facilities within the public rights-of-way shall be the Public Works Director. (2) “arterial road” means a road designed primarily for long-distance travel with a typical curb-to-curb width of 106 feet to 80 feet, high traffic capacity and low accessibility from neighboring roads. The term “arterial road” as used in this Policy includes freeways, prime arterials, urban major and major roadways as defined in the City of Grand Terrace General Plan, Circulation Element. (3) “collector road” means a road designed primarily as a connection between local roads and arterials, with a typical curb-to-curb width of 64 feet to 40 feet, moderate to low traffic capacity and high accessibility from local roads. The term “collector road” as used in this Policy includes 4-lane collectors, 2-lane collectors and 2-lane light collectors as defined in the City of Grand Terrace General Plan, Circulation Element. G.7.d Packet Pg. 97 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 2 (4) “concealed” or “concealment” means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include, but are not limited to: (1) facade or rooftop mounted pop-out screen boxes; (2) antennas mounted within a randome above a streetlight; (3) equipment cabinets in the public rights -of-way painted or wrapped to match the background; and (4) an isolated or standalone faux-tree. (5) “decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located; however, “decorative pole” shall not include any standard marblite pole. (6) “FCC Shot Clock” means the presumptively reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. (7) “ministerial permit” means any City-issued non-discretionary permit required to commence or complete any construction or other activity subject to the City's jurisdiction. Ministerial permits may include, without limitation, a building permit, construction permit, electrical permit, encroachment permit, excavation permit and/or traffic control permit. (8) “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. (9) “personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as facilities that provide personal wireless services. (10) “RF” means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range. (11) “Section 6409” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended. (12) “Small cell” bears the same meaning as “small wireless facility” or “SWF” as used in Chapter 12.56 of the Municipal Code. G.7.d Packet Pg. 98 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 3 SECTION 2. SMALL WIRELESS FACILITIES SECTION 2.1 APPLICABILITY; REQUIRED PERMITS AND APPROVALS (a) Applicable Wireless Facilities. Except as expressly provided otherwise in this Policy, the provisions in this Policy shall be applicable to all existing small wireless facilities (SWFs) and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wireless facilities within the City's jurisdictional and territorial boundaries within the public rights-of-way (PROW). SECTION 2.2 SMALL CELL PERMIT APPLICATION REQUIREMENTS; PRE- APPLICATION PUBLIC NOTICING REQUIREMENTS (a) Small Cell Permit Application Contents. All applications for a SWF WTFP must include all the information and materials required in this subsection (a), unless exempted by the approval authority. (1) Application Form. The applicant shall submit a complete, duly executed SWF WTFP application on the then-current form prepared pursuant to Chapter 12.56 of the Municipal Code. (2) Application Fee. The applicant shall submit the applicable SWF WTFP application fee established by City Council resolution. Batched applications must include the applicable application fee for each SWF in the batch. (3) Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (i) contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (ii) identify all structures within 250 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's plan for electric and data backhaul utilities, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. (4) Site Survey. For any SWF proposed to be located within the PROW, the applicant shall submit a survey prepared, signed and stamped by a California G.7.d Packet Pg. 99 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 4 licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 250 feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below-grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. (5) Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed SWF in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. (6) Project Narrative and Justification. The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed wireless facility qualifies as a SWF as defined by the FCC in 47 C.F.R. 1.6002(l). A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include (i) whether and why the proposed support is a structure as defined by the FCC in 47 C.F.R . § 1.6002(m); and (ii) whether and why the proposed wireless facility meets each r equired finding for a SWF permit as provided in Section 2.4. (7) RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed SWF, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. (8) Public Notice. Prior to a SWF application being deemed complete, applicants shall submit proof of mailing of public notice to all owners and occupants of real property, and the resident manager for any multi-family dwelling unit that includes ten (10) or more units, within 300 feet of the proposed SWF. The notice must contain: (1) a general project description and dimensioned, full color photo simulations; (2) the applicant's identification and contact information as provided on the application submitted to the City; (3) contact information for the approval G.7.d Packet Pg. 100 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 5 authority; (4) a statement that the approval authority will act on the application without a public hearing but will accept written public comments that evaluate the application for compliance with the standards in this Policy; (5) a statement that the FCC requires the City to act on small cell permit applications, which includes any administrative appeals, in 60 days for attachments to existing structures and 90 days for new structures, unless the applicant voluntarily agrees to toll the timeframe for review; and (6) a deadline for submission of written public comments to the approval authority, which deadline shall not be less than thirty (30) days after mailing of said notice. (9) Regulatory Authorization. The applicant shall submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the SWF proposed in the application. (10) Site Agreement. For any SWF proposed to be installed on any structure owned or controlled by the City and located within the public rights-of-way, the applicant must enter into a site agreement prepared on a form prepared by the City and approved by the City Attorney that states the terms and conditions for such non-exclusive use by the applicant. No changes shall be permitted to the City's form site agreement except as may be indicated on the form itself. Any unpermitted changes to the City's form site agreement shall be deemed a basis to deem the application incomplete. (11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by an engineer for the proposed SWF and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City's noise regulations. The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits. (12) Wind Load Analysis. The applicant shall submit a wind load analysis with an evaluation of high wind load capacity and shall include the impact of modification of an existing facility. (13) Environmental Data. A completed environmental assessment application, or in the alternative any and all documentation identifying the proposed WTFP as exempt from environmental review (under the California Environmental Quality Act, Public Resources Code 21000–21189, the National Environmental Policy Act, 42 U.S.C. §4321 et seq., or related environmental laws). Notwithstanding any determination of environmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application. G.7.d Packet Pg. 101 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 6 (14) FAA Documentation. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the proposed wireless telecommunications facility. (15) Traffic Control Plan (TCP). A traffic control plan when the proposed installation is on any street in a non-residential zone. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. crane). (16) Landscape Plan. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the SWF and its accessory equipment. This can be shown on an improvement plan if approved by City. (17) CPCN. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the PROW. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN. (18) PROW Evidence. For any proposed facility area that is adjacent to a street and is at-grade with no curb and gutter, the applicant shall submit clear and convincing evidence, including without limitation plat maps, a survey, or mapped dedications of record, which demonstrates that the proposed facility area qualifies as a PROW and does not intrude upon private property. (b) Additional Requirements. The City Council authorizes the approval authority to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the approval authority finds necessary, appropriate or useful for processing any application governed under this Policy. All such requirements and materials must be in written form and publicly stated to provide all interested parties with prior notice (or posted upon the City’s website). SECTION 2.3 SMALL CELL PERMIT APPLICATION SUBMITTAL AND COMPLETENESS REVIEW (a) Pre-Submittal Conferences. For purposes of SWFs only, and notwithstanding any contrary provisions of Chapter 12.56, the City does not require pre-submittal appointments for the submission of SWF WTFPs. However, the City strongly encourages applicants to schedule and attend a pre-submittal conference with the approval authority for all proposed SWF projects, and particularly those that involve more than five SWFs. This voluntary pre-submittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate G.7.d Packet Pg. 102 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 7 unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The approval authority shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre-submittal conference. (b) Batched Applications. Applicants may submit up to five individual applications for a SWF permit in a batch; provided, however, that small wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type. Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each site in the batch. If any application in a batch is incomplete, the entire batch shall be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch, the entire batch shall be deemed withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch shall be denied. (c) Additional Procedures. The City Council authorizes the approval authority to establish other reasonable rules and regulations for duly filed applications. All such rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice (or posted upon the City’s website). SECTION 2.4 ADDITIONAL FINDINGS FOR SWFs (a) Required Findings. In addition to those finding requirements set forth in Chapter 12.56 for SWF WTFP, the following findings are required for the approval or conditional approval of a SWF application: (1) The proposed SWF would not be located on a prohibited support structure identified in this Policy; (2) The proposed SWF would utilize the most preferred support structure and location within 250 feet from the originally proposed site in any direction , or the applicant has demonstrated with clear and convincing evidence in the written record that any more -preferred support structure(s) or locations within 250 feet would be technically infeasible; (3) All public notices required for the application have been given. (b) Because Section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, no decision upon a SWF application shall be premised upon the environmental or health effects of RF emissions, nor shall public comments be considered to the extent they are premised upon the environmental or health effects of RF emissions. G.7.d Packet Pg. 103 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 8 SECTION 2.5 STANDARD CONDITIONS OF APPROVAL (a) General Conditions. In addition to all other conditions adopted by the approval authority and Chapter 12.56 for a SWF permit, all SWF WTFPs issued under this Policy shall be automatically subject to the conditions in this subsection (a). (1) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a SWF approved or deemed-approved, the permittee shall provide the approval authority with documentation reasonably acceptable to the approval authority that the SWF has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs. (2) Adverse Impacts on Other Properties. In addition to those requirements in Chapter 12.56 the permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work du ring an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The approval authority may issue a stop work order for any activities that violates this condition in whole or in part. (3) Inspections; Emergencies . The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee . Notwithstanding the prior sentence, the City's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons . The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. (4) Future Undergrounding Programs. If other public utilities or communications providers in the PROW underground their facilities in the segment of the PROW where the permittee's SWF is located, the permittee must underground its equipment except the antennas and any other equipment that must be placed above ground to function. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition. SWFs installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the City's standards and specifications. Such G.7.d Packet Pg. 104 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 9 undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs. (5) Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment. (6) Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (i) change any street grade, width or location; (ii) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (iii) perform any other work deemed necessary, useful or desirable by the City (collectively, “City work”). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in the SWF permit. If the Public Works Director/City Engineer determines that any City work will require the permittee's SWF located in the PROW to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's SWF within a reasonable time after the Public Works Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's SWF without prior notice to permittee when the Public Works Director determines that the City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs. SECTION 2.6 SECTION 2.6. LOCATION REQUIREMENTS (a) Preface to Location Requirements. Applications that involve lesser-preferred locations or structures may be approved so long as the applicant demonstrates that either (1) no more preferred locations or structures exist within 250 feet from the proposed site; or (2) any more preferred locations or structurers within 250 feet from the proposed site would be technically infeasible to achieve the operator’s service objectives, as supported by clear and convincing evidence in the written record. The final subsection of this G.7.d Packet Pg. 105 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 10 Section 2.6 identifies “prohibited” support structures on which the City shall not approve any small cell permit application for any competitor or potential competitor. (1) Allowable locations for SWFs are on existing or replacement infrastructure such as street lights and utility poles. (2) When locating in an alley, the SWF shall be placed at a height above the r oof line of adjacent buildings to avoid being placed adjacent to a window. When locating in a walk-street, the facility shall be placed below the roof line of the adjacent buildings. (3) When choosing locations, choose locations in between occupiable buildings rather than immediately adjacent to occupiable buildings, and not adjacent to a window. (4) If the SWF is not able to be placed on existing infrastructure, the applicant shall provide a map of existing infrastructure in the service area and describe why each such site was not feasible. (b) Locations in the Public Rights-of-Way. The City prefers small wireless facilities in the public rights-of-way to be installed in locations, ordered from most preferred to least preferred, as follows: (1) Locations within commercial or industrial districts on or along arterial roads; (2) Locations within commercial or industrial districts on or along collector roads; (3) Locations within commercial or industrial districts on or along local roads; (4) Locations within residential districts on or along arterial roads; (5) Locations within residential districts on or along collector roads; (6) Any location in any district within 250 feet from any structure approved for a residential use. (c) Support Structures in the Public Rights-of-Way. The City prefers SWFs to be installed on support structures in the PROW, ordered from most preferred to least preferred, as follows: (1) Existing or replacement streetlight poles; (2) Existing or replacement wood utility poles; (3) New, non -replacement streetli ght poles; (4) New, non -replacement poles for small wireless facilities. (d) Prohibited Support Structures. The City prohibits SWFs to be installed on the following support structures: G.7.d Packet Pg. 106 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 11 (1) Strand-mounted wireless facilities are prohibited. (2) Decorative poles; (3) T raffic signals, signs, poles, cabinets and related devices; (4) Any utility pole scheduled for removal or relocation within 12 months from the time the approval authority acts on the small cell permit application; (5) New, non-replacement wood poles. SECTION 2.7 DESIGN STANDARDS (a) Visual & Other General Standards. SWFs shall be designed in the least visible means possible and to be compatible with support structure/surroundings. (1) Noise. SWFs and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations in Chapter 8.108 of the Municipal Code, as may be amended or superseded, and shall not exceed, either on an individual or cumulative basis, the noise limit in the applicable district/zone. (2) Lights . SWFs shall not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration, FCC, other applicable regulations for health and safety. All equipment with lights (such as indicator or stat us lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas . The provisions in this subsection (a)(2) shall not be interpreted or applied to prohibit installations on streetligh ts or luminaires installed on new or replacement poles as may be required under this Policy. (3) Landscape Features. SWFs shall not displace any existing landscape features unless: (A) such displaced landscaping is replaced with native and/or drought - resistant plants, trees or other landscape features approved by the approval authority and (B) the applicant submits and adher es to a landscape maintenance plan. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location . Landscape maintenance must be performed in accordance with Municipal Code Chapter 15 as may be amended or superseded. (A) If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement landscape features. G.7.d Packet Pg. 107 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 12 (B) To preserve existing landscaping in the public rights -of-way, all work performed in connection with SWFs shall not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for the duration of the permit term. (4) Site Security Measu res. SWFs may incorporate reasonable and appropriate site security measures, such as locks and anti -climbing devices, to prevent unauthorized access, theft or vandalism . The approval authority shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on SWFs shall be constructed from or coated with graffiti-resistant materials. (5) Signage; Advertisements. All SWFs shall contain a site identification sticker that accurately identifies the site owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. SWFs may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC, OSHA, Federal Aviation Administration or other United States governmental agencies for compliance with RF emissions regulations. Permittees shall: (A) Remove or paint over unnecessary equipment manufacturer decals and fill-in any visibly depressed manufacturer logos on equipment. (B) Utilize the smallest and lowest visibility stickers required by government or electric utility regulations. (C) Use sticker colors that are muted. (D) Signage shall be maintained in legible condition and the carrier will be required to replace any faded signage within thirty (30) days of receiving written notification from the City that it is in need of replacing. (6) Compliance with Health and Safety Regulations. All SWFs shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions. (b) Dimensions; Design. Wireless facilities shall be as small, short and unobtrusive as possible. (1) Overall Height. SWFs may not exceed either (A) the minimum separation from electrical lines required by applicable safety regulations, plus four feet or (B) four feet above the existing support structure. In addition, SWFs shall be located no higher than 10% or 10 feet, whichever is greater, than the height otherwise permitted in the immediately adjacent zoning district. G.7.d Packet Pg. 108 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 13 (2) Concealment. All antennas and associated mounting equipment, hardware, cables or other connecters must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or radome must be painted a flat, non-reflective color to match the underlying support structure. The wireless facility and accessory equipment shall be camouflaged with use of one or more concealment elements to blend the facility with surrounding materials and colors of the adjacent street light or utility pole to which it is mounted. Concealment elements include: (A) Radio frequency transparent screening; (B) Approved, specific colors; (C) Use of non-reflective material(s); (D) Minimizing the size of the site; (E) Integrating the installation into existing or replacement utility infrastructure; (F) Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site. (G) Antennas, brackets (mounting), PVC or steel risers and cabling shall match the color of the adjacent structure. (H) Paint shall be of durable quality. (I) Materials shall be non-flammable and non-reflective. (J) Each individual antenna may not exceed three cubic feet in volume and all antennas may not exceed six cubic feet in volume. (3) Accessory Equipment. (A) Installation Preferences. SWF accessory equipment shall be enclosed in replacement poles or placed underground where technically feasible, and if not feasible, shall be as small, short and unobtrusive as possible. Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that no more preferred installation location would be technically infeasible as supported by clear and convincing evidence in the written record. (B) Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush-to-grade when placed within the G.7.d Packet Pg. 109 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 14 sidewalk and may not exceed two feet above grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced. (c) Streetlights. Applicants that propose to install SWFs on an existing streetlight must remove and replace the existing streetlight with one substantially similar to the City's standards and specifications but designed to accommodate wireless antennas and accessory equipment. To mitigate any material changes in the streetlighting patterns, the replacement pole must: (A) be located as close to the removed pole as possible; (B) be aligned with the other existing streetlights; and (C) include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single, canister style shroud or radome that tapers to the pole. (d) Wood Utility Poles. Applicants that propose to install SWFs on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side-mounted antennas on a stand- off bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations. (e) For Replacement Poles and Street Lights. If an applicant proposes a replacement pole o r street light to accommodate the SWF, t he replacement shall be in the same location as the street light or pole being replaced; unless the replacement will not meet all applicable standards, then replacement may be located in an alternative location that complies with the requirements herein. (f) New, Non-Replacement Poles. Applicants that propose to install SWFs on a new, non- replacement pole must install a new streetlight substantially similar to the City's standards and specifications but designed to acc ommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location . If there are no existing streetlights in the immediate vicinity, the applicant may install a metal , marblite, wood, or composite pole capable of conc ealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole . The pole diameter shall not exceed twelve (12) inches and any base enclosure diameter shall not exceed sixteen (16) inches . All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome. (1) The new pole must actually function for a purpose other than placement of a wireless facility (e.g. street light, utility pole, etc.). (2) The design must match the dimensions and design of existing and similar types of poles and antennas in the surrounding areas. G.7.d Packet Pg. 110 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 15 (g) Encroachments over Private Property. SWFs may not encroach onto or over any private or other property outside the PROW without the property owner's express written consent, which is memorialized using through an access easement. (h) Backup Power Sources. Fossil-fuel based backup power sources shall not be permitted within the PROW; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials. (i) Obstructions; Public Safety . Small wireless facilities and any associated equipment or improvements shall not physically interfere wi th or impede access to any: (A) worker access to any above -ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicul ar traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (B) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (C) worker access to above-ground or underground infrastructure owned or operated by any public or private utility agency; (D ) fire hydrant or water valve; (E) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtena nt to the rights-of-way; or (F) access to any fire escape. (j) Utility Connections . All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocat ed wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse . All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be ro uted through and concealed from view within: (A) internal risers or conduits if on a concrete, co mposite or similar pole; or (B) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space . The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. (k) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. (l) Electric Meters. (1) SWFs shall use unmetered (flat rate) electric service, if allowed by the utility company, or use the narrowest, shrouded electric meter and disconnect available. Permittees shall ensure the meter and other enclosures are well maintained, including regular painting, and the use of a graffiti-resistant paint, and stack the disconnect switch above/below the meter, instead of attached to the side of the meter. (2) Electrical meters, vaults and fans shall be located underground where feasible. G.7.d Packet Pg. 111 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) City Council Policy 01247.0006/534094.1 16 (m) Building-Mounted Small Wireless Facilities. (A) Preferred Concealment Techniques. All applicants must propose new non-tower SWFs that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, if the applicant demonstrates with clear and convincing evidence that integration with existing features is technically infeasible, the applicant may propose completely concealed new structures or appurtenances designed to mimic the support structure's original architecture and proportions (examples include, but are not limited to, steeples and chimneys). (B) Facade-Mounted Equipment . When SWFs cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade -mounted equipment in accordance with this Subsection . All facade-mounted equipment must be concealed behind screen walls and mounted flush to the facade . The approval authority may not approve “pop-out” screen boxes. Except in industrial zones, the approval authority may not approve any exposed facade-mounted antennas, including but not limite d to exposed antennas painted to match the facade. All equipment shall be installed to ensure the safety of persons using the PROW. (n) Future Modifications. Any modifications to existing facilities or collocations shall not defeat the concealment elements of the existing structure/facility. G.7.d Packet Pg. 112 Attachment: SWFCity Council Policy [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an Ordinance for Wireless Facilities) 01247.0006/534041.3 Chapter 12.56 - WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY 12.56.010 - PURPOSE. The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the city’s public right-of-way. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary (1) for the preservation of the public right -of- way (“PROW”) in the city for the maximum benefit and use of the p ublic, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan, and (3) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations, including those regulations of the Federal Communications Commission (“FCC”) and California Public Utilities Commission (“CPUC”), and (4) to ensure that the use and enjoyment of the PROW is not inconvenienced by the use of the PROW for the placement of wireless facilities. The city recognizes the importance of wireless 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 laws. This chapter shall be constructed and applied in consistency with the provisions of state and federal laws, and the rules and regulations of FCC and CPUC. In the event of any inconsistency between any such laws, rules and regulations and this chapter, the laws, rules and regulations shall control. 12.56.020 - DEFINITIONS. “Accessory equipment” means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular power supply units, fans, air conditioning units, cables and wiring, to which an antenna is attached in order to facilitate the provision of wireless telecommunication services. “Antenna” means that specific device for transmitting and/or receiving radio frequency or other signals for purposes of wireless telecommunications services. “Antenna” is specific to the antenna portion of a wireless telecommunications facility. Antenna array” shall mean two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna. “Base station” shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). “Base station” does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation: G.7.e Packet Pg. 113 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 1. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small cells). 3. Any structure other than a tower that, at the time the relevant application is filed with the city under this chapter, supports or houses equipment described in paragraphs 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. 4. “Base station” does not include any structure that, at the time the relevant application is filed under this chapter, does not support or house equipment described in paragraphs 1 and 2 of this definition. Other structures that do not host wireless telecommunications facilities are not “base stations.” As an illustration and not a limitation, the FCC’s definition of “base station” refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station. “Cellular” means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites. “City” means the City of Grand Terrace. “Code” means the Grand Terrace Municipal Code. “Collocation” bears the following meanings: 1. For the purposes of any eligible facilities request, the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equ ipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition means to add transmission equipment to an existing facility and does not necessarily refer to two or more different facility operators in the same location; and 2. For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as may be amended, which defines that term as (1) Mounting or installing an antenna facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. G.7.e Packet Pg. 114 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 “Collocation facility” means the eligible support structure on, or immediately adjacent to, which a collocation is proposed, or a wireless telecommunications facility that includes collocation facilities. (See, Gov. Code, § 65850.6(d).) “COW” means a “cell on wheels,” which is a portable, self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this cha pter, the maximum time a facility can be installed to be considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure. “Distributed antenna system” or “DAS” means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications service within a specific geographic area or building. DAS includes the transport medium, the hub, and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services. “Eligible facilities request” means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving: 1. Collocation of new transmission equipment; 2. Removal of transmission equipment; 3. Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or 4. Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure. “Eligible facilities request” does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. “Eligible facilities request” does include collocation facilities satisfying all the requirements for a non -discretionary collocation facility pursuant to Government Code Section 65850.6. “Eligible support structure” means any support structure located in the PROW that is existing at the time the relevant application is filed with the city under this chapter. “Existing” means a support structure, wireless telecommunications facility, or accessory equipment that has been reviewed and approved under the city’s applicable zoning or siting process, or under another applicable state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under this chapter. However, a support structure, wireless telecommunications facility, or accessory equipment that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is “existing” for purposes of this chapter. “Existing” does not apply to any structure that (1) was illegally constructed without all proper local agency approvals, or (2) was constructed in noncompliance with such approvals. “Existing” does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility. G.7.e Packet Pg. 115 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 “Facility(ies)” means wireless telecommunications facility(ies). “FCC” means the Federal Communications Commission. “Ground-mounted” means mounted to a pole, tower or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly on the ground at grade level. “Lattice tower” means an open framework structure used to support one or more antennas, typically with three or four support legs. “Located within (or in) the public right-of-way” includes any facility which in whole or in part, itself or as part of another structure, rests upon, in, over or under the PROW. “Modification” means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. “Modification” does not include repair, replacement or maintenance if those actions do not involve whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless telecommunications facility. “Monopole” means a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g. water tower). “Mounted” means attached or supported. “OTARD antennas” means antennas covered by the “over-the-air reception devices” rule in 47 C.F.R. sections 1.4000 et seq. as may be amended or replaced from time to time. “Permittee” means any person or entity granted a WTFP pursuant to this chapter. “Personal wireless services” shall have the same meaning as set forth in 47 United States Code Section 332(c)(7)(C)(i). “Planning director” means the director of planning, or his or her designee. “Pole” means a single shaft of wood, steel, concrete or other material capable of sup porting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this code. “Public works director” means the director of public works, or his or her designee. “Public right-of-way” or “PROW” means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, and parking strips. The PROW does not include lands owned, controlled or operated by the city for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, city hall and community center lands, city yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities. G.7.e Packet Pg. 116 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 “Replacement” refers only to replacement of transmission equipment, wireless telecommunications facilities or eligible support structures where the replacement structure will be of like -for-like kind to resemble the appearance and dimensions of the structure or equipme nt replaced, including size, height, color, landscaping, materials and style. I 1. In the context of determining whether an application qualifies as an eligible facilities request, the term “replacement” relates only to the replacement of transmission equipment and does not include replacing the support structure on which the equipment is located. 2. In the context of determining whether a SWF application qualifies as being placed upon a new eligible support structure or qualifies as a collocation, an application proposing the “replacement” of the underlying support structure qualifies as a new pole proposal. “RF” means radio frequency. “Small cell” means a low-powered antenna (node) that has a range of 10 meters to two kilometers. The nodes of a “small cell” may or may not be connected by fiber. “Small,” for purposes of “small cell,” refers to the area covered, not the size of the facility. “Small cell” includes, but is not limited to, devices generally known as microcells, picocells and femtocells. “Small cell network” means a network of small cells. “Spectrum Act” means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. §1455(a). “Substantial change” has the same meaning as “substantial change” as defined by the FCC at 47 C.F.R. 1.40001(b)(7). Notwithstanding the definition above, if an existing pole -mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre -existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the public works director and based upon his/her reasonable consideration of the cabinet’s proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologi cally infeasible such that it is materially inhibitive to the project, the public works director may allow for a ground mounted cabinet. A modification or collocation results in a “substantial change” to the physical dimensions of an eligible support structure if it does any of the following: 1. It increases the height of the structure by more than 10% or more than ten feet, whichever is greater; 2. It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; 3. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets. Howe ver, for towers and base stations located in the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are G.7.e Packet Pg. 117 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; 4. It entails any excavation or deployment outside the current site . For purposes of this Subsection, excavation outside the current site occurs where excavation more than twelve feet from the eligible support structure is proposed; 5. It defeats the concealment or stealthing elements of the eligible support structure; or 6. It does not comply with conditions associated with the siting ap proval of the construction or modification of the eligible support structure, provided however that this limitation does not apply to any modification that is non -compliant only in a manner that would not exceed the thresholds identified in paragraphs 1 th rough 4 of this definition. 7. For all proposed collocations and modifications, a substantial change occurs when: a. The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not t o exceed four equipment cabinets; a. The proposed collocation or modification would defeat the concealment elements of the support structure; or b. The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this Section. The thresholds and conditions for a “substantial change” described in this Section are disjunctive such that the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this Section are cumulative for each individual support structure. The cumulative limit is measured from the physical dimensions of the original structure for base stations , and for all other facilities sites in the PROW from the smallest physical dimensions that existed on or after February 22, 2012, inclusive of originally approved-appurtenances and any modifications that were approved prior to that date. “Support structure” means a tower, pole, base station or other structure used to support a wireless telecommunications facility. “SWF” means a “small wireless facility” as defined by the FCC in 47 C.F.R. 1.6002(l) as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below: 1. The facilities: a. Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as defined in Title 47 C.F.R. Section 1.1320(d); or G.7.e Packet Pg. 118 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 c. Is mounted on an existing or proposed structure no more than 10 percent taller than other adjacent structures, or d. Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 2. 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; 3. 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; 4. The facility does not require antenna structure registration under 47 C.F.R. Part 17; 5. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section 800.16(x); and 6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Title 47 C.F.R. Secti on 1.1307(b). “SWF Regulations” means those regulations adopted by the city council (City Council Policy ______) implementing the provisions of this chapter applicable to SWFs and further regulations and standards applicable to SWFs. “Telecommunications tower” or “tower” bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. § 1.40001(b)(9), including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and 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 wireless communications 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. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications 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. “Utility pole” means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. A telecommunications tower is not a utility pole. “Wireless telecommunications facility” means equipment and network components such as antennas, accessory equipment, support structures, and emergency power systems that are integral to providing wireless telecommunications services. Exceptions: The term “wireless telecommunications facility” does not apply to the following: G.7.e Packet Pg. 119 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 1. Government-owned and operated telecommunications facilities. 2. Emergency medical care provider-owned and operated telecommunications facilities. 3. Mobile services providing public information coverage of news events of a temporary nature. 4. Any wireless telecommunications facilities exempted from this code by federal law or state law. “Wireless telecommunications services” means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications. “WTFP” means a “wireless telecommunications facility permit” required by this chapter, which may be categorized as either a Major WTFP or an Administrative WTFP. 12.56.030 - APPLICABILITY. A. This chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way as follows: B. Pre-existing Facilities in the ROW. Nothing in this chapter shall validate an y existing illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with and receive a wireless encroachment permit, when applicable, to be considered legal and conforming. C. This chapter does not apply to the following: 1. Amateur radio facilities; 2. OTARD antennas; 3. Facilities owned and operated by the city for its use or for public safety purposes; 4. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement, excepting that to the extent such the terms of state or federal law, or franchise agreement, are preemptive of the terms of this chapter, then the terms of this chapter shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect. 5. Installation of a COW or a similar structure for a temporary period in connection with an emergency or event at the discretion of the public works director, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities. D. Public use. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant to this chapter will be subordinate to the city’s use and use by the public. G.7.e Packet Pg. 120 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 12.56.040 - WIRELESS TELECOMMUNICATIONS FACILITY PERMIT REQUIREMENTS. A. Administration. Unless a matter is referred to the planning director as provided below, The public works director is responsible for administering this chapter. As part of the administration of this chapter, the public works director may: 1. Interpret the provisions of this chapter; 2. Develop and implement standards governing the placement and modification of wireless telecommunications facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; 3. Develop and implement acceptable design, location and development standards for wireless telecommunications facilities in the PROW, taking into account the zoning districts bounding the PROW; 4. 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 chapter; 5. Collect, as a condition of the completeness of any application, a ny fee established by this chapter; 6. Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations; 7. Issue any notices of incompleteness, reque sts for information, or conduct or commission such studies as may be required to determine whethe r a permit should be issued; 8. Require, as part of, and as a condition of completeness of any application, that an applicant for a wireless encroachment permit send notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; 9. Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and 10. Take such other steps as may be required to timely act upon applications for placement of wireless telecommunications facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. B. Administrative Wireless Telecommunications Facilities Permits (“Administrative WTFP”). G.7.e Packet Pg. 121 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 1. An Administrative WTFP, subject to the public works director’s approval, may be issued for wireless telecommunications facilities, collocations, modifications or replacements to an eligible support structure that meet the following criteria: a. The proposal is determined to be for a SWF; or b. The proposal is determined to be an eligible facilities request; or c. Both. 2. In the event that the public works director determines that any application submitted for an Administrative WTFP does not meet the administrative permit criteria of this chapter, the public works director may refer it to the planning director for planning commission hearing. 3. Except in the case of an eligible facilities request, the public works director may refer, in his/her discretion, any application for an Administrative WTFP to the planning director, who shall have discretion to further refer the application to planning commission for hearing. If the planning director determines not to present the Administrative WTFP application to the planning commission for hearing, the application shall be relegated back to the public works director for processing. This exercise of discretion shall not apply to an eligible facilities request. C. Major Wireless Telecommunications Facilities Permit (“Major WTFP”). All other new wireless telecommunications facilities or replacements, collocations, or modifications to a wireless telecommunications facility that are not qualified for an Administrative WTFP shall require a Major WTFP subject to the public works director’s approval unless otherwise provided for in this chapter. 1. In the event that the public works director determines that any application submitted for a Major WTFP does not meet the administrative permit criteria of this chapter, the public works director may refer it to the planning director for planning commission hearing. 2. The public works director may refer, in his/her discretion, any application for a Major WTFP to the planning director, who shall have discretion to further refer the application to planning commission for hearing. If the planning director determines not to present the Major WTFP application to the planning commission for hearing, the application shall be relegated back to the public works director for processing. D. Special Provisions for SWFs; SWF Regulations. Notwithstanding any other provision of this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF Regulations, which is adopted and may be amended by city council resolution. All SWFs, shall comply with the SWF Regulations, as they may be amended from time to time. 1. The SWF Regulations are intended to be constructed in consistency with, and addition to, the terms and provisions of this chapter. To the extent general provisions of this chapter are lawfully applicable to SWFs, such terms shall apply unless in G.7.e Packet Pg. 122 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 contradiction to more specific terms set forth in the SWF Regulations , in which case the more specific terms of the SWF Regulations shall control . E. Other Permits Required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments, state or federal agencies. Building and encroachment permits, and all city standards and requirements therefor, are applicable. F. Eligible Applicants. Only applicants who have been granted the right to enter the PROW pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the PROW, shall be eligible for a WTFP pursuant to this chapter. 12.56.050 - APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY PERMITS. A. Generally. Unless the SWF Regulations specifically provide otherwise, the applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to a WTFP application, or responses to requests for information regarding an WTFP , in accordance with the provisions of this section. SWF applications shall be governed by any additional terms set forth in the SWF Regulations, and in the event of an inconsistency between the provisions of this Section and the terms of the SWF Regulations, the Regulations shall control. 1. All applications for WTFPs shall be initially submitted to the public works director. In addition to the information required of an applicant for an encroachment permit or any other permit required by this code, each applicant shall fully and completely submit to the city a written application on a form prepared by the public works director and published on the city’s website. 2. Application Submittal Appointment. All WTFP applications must be submitted to the public works director at a pre-scheduled application submission appointment unless over the counter submittal has been pre-approved. City staff will endeavor to provide applicants with an appointment time within five business days after receipt of a written request. A WTFP application will only be reviewed upon submission of a complete application therefor. 3. If the wireless telecommunications facility will also require the installation of fiber, cable or coaxial cable, such cable installations shall be included within the application form and processed in conjunction with the proposal for vertical support structure(s). Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the PROW. Standalone applications for the installation of fiber, cable or coaxial cable, or accessory equipment designed to serve an antenna must include all features of the wireless telecommunications facility proposed. G.7.e Packet Pg. 123 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 B. Application Contents—Administrative WTFPs. The content of the application form for facilities subject to an Administrative WTFP shall be determined by the public works director, but at a minimum shall include the following: 1. The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless facility. 2. The name of the owner of the structure, if different from the applicant, and a signed and notarized owner’s authorization for use of the structure. 3. A complete description of the proposed wireless telecommunications facility and any and all work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless telecommunications facility, and dimensioned drawings wi th specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and a dimensioned map identifying and describing the distance to the neare st residential dwelling unit and any historical structure within 250 feet of the facility. Before and after 360 degree photo simulations must be provided. 4. Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the Municipal Code and the FCC’s radio frequency emissions standards. 5. A copy of the lease or other agreement, if any, between the applicant and the owner of the property to which the proposed facility will be attached. 6. If the application is for a SWF, the application shall state as such and shall explain why the proposed facility meets the definition of a SWF. 7. If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must demonstrate that the eligible support structure was not constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. This shall include copies of all applicable local permits in -effect and as- built drawings of the current site. Before and after 360 degree photo simulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the Municipal Code and the FCC’s radio frequency emissions standards. 8. For SWFs, the application must contain all additional application information, if any, required by the SWF Regulations. 9. The Administrative WTFP applicant shall submit a mailing list and envelopes, stamped and addressed, for all properties and record owners of properties within 250feet of the project location. Insufficient postage and/or illegible addressing shall be a basis to deem the application incomplete. G.7.e Packet Pg. 124 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 10. If the applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the City from complying with any deadline for action on an application. C. Application Contents—Major WTFPs. The public works director shall develop an application form and make it available to applicants upon request and post the application form on the city’s website. The application form for a Major WTFP shall require the following information, in addition to all other information determined necessary by the public works director: 1. The name, address and telephone number of the applicant, owner and the operator of the proposed wireless telecommunication facility. 2. If the applicant does not, or will not, own the support structure, the applicant shall provide a duly-executed letter of authorization from the owner of the structure. If the owner of the support structure is the applicant, but such owner/applicant will not directly provide wireless telecommunications services, the owner/applicant shall provide a duly-executed letter of authorization from the person(s) or entity(ies) that will provide those services. 3. A full written description of the proposed wireless telecommunications facility and its purpose. 4. Detailed engineering plans of the proposed wireless telecommunications facility and related report prepared by a professional engineer registered in the state documenting the following: a. Height/elevation, diameter, layout and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least intrusive equipment within the particular technology available to the carrier for deployment. b. A photograph and model name and number of each piece of the facility or proposed antenna array and accessory equipment included. c. Power output and operating frequency for the proposed antenna array (including any antennas existing as of the date of the application serving the carrier identified in the application). d. Total anticipated capacity of the wireless telecommunications facility for the subject carrier, indicating the number and types of antennas and power and frequency ranges, which can be accommodated. G.7.e Packet Pg. 125 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 e. Sufficient evidence of the structural integrity of the support structure as required by the city. 5. A written description identifying the geographic service area to be served by the proposed WTFP, plus geographic or propagation maps showing appli cant’s service area objectives. 6. A justification study which includes the rationale for selecting the proposed wireless telecommunication facility design, support structure and location. A detailed explanation of the applicant’s coverage objectives that the proposal would serve, and how the proposed use is the least intrusive means for the applicant to cover such objectives. This shall include: a. A meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant or intrusive location and design necessary to reasonably achieve the applicant ’s reasonable objectives of covering an established significant gap (as established under state and federal law). b. Said study shall include all eligible support structures and/or alternative sites evaluated for the proposed WTFP, and why said alternatives are not reasonably available, technically feasible options that most closely conform to the local values. The alternative site analysis must include the consideration of at least two eligible support structures; or, if no eligible support facilities are analyzed as alternatives, why no eligible s upport facilities are reasonably available or technically feasible. c. If a portion of the proposed facility lies within a jurisdiction other than the city’s jurisdiction, the applicant must demonstrate that alternative options for locating the project fully within one jurisdiction or the other is not a viable option. Applicant must demonstrate that it has obtained all approvals from the adjacent jurisdiction for the installation of the extra -jurisdictional portion of the project. 7. Site plan(s) to scale, specifying and depicting the exact proposed location of the proposed wireless telecommunications facility, location of accessory equipment in relation to the support structure, access or utility easements, existing utilities, adjacent land uses, and showing compliance with all design and safety requirements set forth in this chapter. 8. A completed environmental assessment application, or in the alternative any and all documentation identifying the proposed WTFP as exempt from environmental review (under the California Environmental Quality Act, Public Resources Code 21000 – 21189, the National Environmental Policy Act, 42 U.S.C. §4321 et seq., or related environmental laws). Notwithstanding any determination of environmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application. G.7.e Packet Pg. 126 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 9. An accurate visual impact analysis showing the max imum silhouette, view-shed analysis, color and finish palette and proposed screening for the wireless telecommunications facility, including scaled photo simulations from at least three different angles. 10. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the FCC’s “Local Government Official’s Guide to Transmitting Antenna RF Emission Safety” to determine whether the facility will be “categorically excluded” as that term is used by the FCC. 11. For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power “ERP”) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. 12. Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the proposed wireless telecommunications facility. 13. A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this code, including Chapter 8.28 (Noise) of this code. 14. A traffic control plan when the proposed installation is on any street in a non- residential zone. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. crane). 15. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the wireless telecommunication facility. 16. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN. 17. Evidence that the proposed wireless facility qualifies as a “personal wireless services facility” as defined in United States Code, Title 47, Section 332(c)(7)(C)(ii). G.7.e Packet Pg. 127 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 18. Address labels for use by the city in noticing all property owners within 500 feet of the proposed wireless telecommunication facility and, if applicable, all public hearing information required by the municipal code for public noticing requirements. 19. Any other information and/or studies reasonably determined to be necessary by the public works or planning director(s) may be required. D. Fees and Deposits Submitted with Application(s). For all WTFPs, application fee(s) shall be required to be submitted with any application, as established by city council resolution and in accordance with California Government Code Section 50030. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant fo r a WTFP unless paid as a refundable deposit. E. Independent Expert. The public works and/or planning director, as applicable, is authorized to retain on behalf of the city one or more independent, qualified consultant(s) to review any WTFP application. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility and shall include, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards. F. Costs. Reasonable costs of city staff, consultant and attorney time (including that of the city attorney) pertaining to the review, processing, noticing and hearing procedures directly attributable to a WTFP shall be reimbursable to the City. To this end, the public works and/or planning director, as applicable, may require applicants to enter a trust/deposit reimbursement agreement, in a form approved by the city attorney, or other established trust/deposit accounting mechanism for purposes of obtaining an applicant deposit from which the direct costs of City processing of an application may be drawn-down. G. Effect of State or Federal Law on Application Process. In the event a state or federal law prohibits the collection of any information or application conditions required by this Section, the public works director is authorized to omit, modify or add to that request from the c ity’s application form in consultation with the city attorney. Requests for waivers from any application requirement of this Section shall be made in writing to the public works director or his or her designee. The public works director 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 WTFP 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 municipal code. H. Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the c ity on any application within thirty (30) calendar days after the application is deemed incomplete in a written notice to the applicant. The public works or planning director (as applicable) may, in his/her discretion, grant a written extension for up to an additional thirty (30) calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. G.7.e Packet Pg. 128 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 I. Waiver of Applications Superseded by Submission of New Project. If an applicant submits a WTFP application, but substantially revises the proposed facility during the application process prior to any city hearing or decision on such application, the substantially revised application shall be deemed a new application for all processing purposes, including federal shot clocks, and the prior submittals deemed waived and superseded by the substantially revised application. For purposes of this subparagraph, “substantially revised” means that the project as initially-proposed has been alternately proposed for a location 300feet or more from the original proposal or constitutes a substantial change in the dimensions or equipment that was proposed in the original WTFP application. J. Rejection for Incompleteness. WTFPs will be processed, and notices of incompletenes s provided, in conformity with state, local, and federal law. If such an application is incomplete, it may be rejected by the public works director by notifying the applicant in writing and specifying the material omitted from the application. 12.56.060 - REVIEW PROCEDURE. A. Generally. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risks to public safety and utilizes installation of new support structures or equipment cabinets in the PROW only after all existing and replacement structure options have been exhausted, and where feasible, pla ces equipment underground, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that instal lations are subject to periodic review to minimize the intrusion on the PROW; 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 ROW, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the PROW or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the PROW. B. Collocation Encouraged. Where the facility site is capable of accommodating a collocated 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 collocation of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions. C. Findings Required for Approval. 1. Administrative WTFP Applications for SWFs. For WTFP applications proposing a SWF, the public works director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made: a. The facility qualifies as a SWF; and b. The facility meets all standards, requireme nts and further findings as may be specified in the SWF Regulations; and c. The facility is not detrimental to the public health, safety, and welfare; and G.7.e Packet Pg. 129 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 d. The facility meets applicable requirements and standards of State and Federal law. 2. Administrative WTFP Applications for Eligible Facility Requests. For WTFP applications proposing an eligible facilities request, the public works director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made: a. That the application qualifies as an eligible facilities request; and b. That the proposed facility will comply with all generally-applicable laws. 3. Major WTFP Applications. No Major WTFP shall be granted unless all of the following findings are made by the public works director: a. If applicable, all notices required for the proposed WTFP have been given, including the inclusion, or placement on-site, of photo simulations for the proposed facility. b. The proposed wireless telecommunications facility has been designed and located in compliance with all applicable provisions of this chapter. c. If applicable, the applicant has demonstrated its inability to locate on an eligible support structure. d. The applicant has provided sufficient evidence supporting the applicant’s claim that it has the right to enter the public right -of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way. e. The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible, supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not reasonably available. D. Notice; Decisions. The provisions in this Section describe the procedures for the approval process, any required notice and public hearings for a WTFP application. 1. Administrative WTFPs: Notice of a WTFP application for a SWF shall be mailed to owners and occupants of real property surrounding the proposed SWF site in the manner specified in the SWF Regulations. Applications qualifying for eligible facilities requests shall not require notice. 2. Major WTFP Applications. Any Major WTFP application shall require notice. Notice of such hearing shall be provided in accordance with Government Code Section 65091. Public notices shall include color photo simulations from three different angles depicting the wireless telecommunication facility as proposed to be considered by the planning commission. If the application proposes the use of an existing or replacement eligible support structure, such simulations shall be posted G.7.e Packet Pg. 130 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 upon the proposed support structure for a period of at least thirty (30) days prior to the date of approval; such posted simulations shall remain in-place until final decision on the application is reached. 3. Written Decision Required for All WTFP Determinations. Unless otherwise specified for SWF’s in the SWF Regulations, all final decisions made pursuant to this chapter, including those for administratively-processed permits and eligible facilities requests, shall be in writing and based on substantial evidence in the written administrative record. Within five days after any decision to grant, approve, deny or conditionally grant a WTFP application, the public works director, as app licable, shall provide written notice including the following: a. A general explanation of the decision, including the findings required for the decision, if any, and how those findings were supported or not supported by substantial evidence; b. A general description of the property involved; c. Information about applicable rights to appeal the decision and explanation of how that right may be exercised; and d. To be given by first class mail to: (i) The project applicant and property owner, (ii) Any person who submitted written comments concerning the WTFP, (iii) Any person who has filed a written request with the city to receive such notice, and (iv) Any homeowner association on file with the city that has jurisd iction over the WTFP site. 4. Once a WTFP is approved, no changes shall be made to the approved plans without review and approval in accordance with this chapter. E. Appeals. 1. Administrative WTFP Appeals. The determination of a the public works director as to any Administrative WTFP Permit shall be final. 2. Major WTFP Appeals. The decision of the public works director on Major WTFPs shall be final unless appealed to the planning commission within ten calendar days of the public works director’s determination. The appellate authority may hear the appeal de novo. a. An appeal of a the public works director’s decision shall be made in the following manner: G.7.e Packet Pg. 131 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 (i) Filing with the city clerk's office a completed application for appeal. (ii) Payment of the appropriate appeal fee. 3. After accepting an application for appeal, the planning director shall set a date for the city council to hear the appeal within 14 days of accepting an application for appeal. Notices of the appeal shall be given to the applicant, the planning commission and the appellant. 4. The public works director shall submit a report to the planning commission containing the reasons for the public works director's decision. 5. The planning commission shall hear the appeal and make its own determination regarding the application and its consistency with this title. Upon such determination, the planning commission shall uphold, modify or reverse the public works director's decision. If during the planning commission's hearing of the appeal, new information is provided that was not considered by the public works director, the planning commission may refer the application back to the public works director for reconsideration of the application with the new information. F. Notice of Shot Clock Expiration. The city acknowledges there are federal and state shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the city must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to p rovide the city written notice of the expiration of any shot clock, to the public works director, which the applicant shall ensure is received by the city (e.g. overnight mail) no later than 20 days prior to the expiration. 12.56.070 – DESIGN AND DEVELOPMENT STANDARDS. A. SWF Design and Development Standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF Regulations. The city’s grant of a WTFP for a SWF 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. B. Eligible Facilities Request Design and Development Standards. Approved eligible facilities requests for which the findings set forth in Section 12.56.060 have been made are subject to the following conditions, unless modified by the approving authority: 1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request. 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 G.7.e Packet Pg. 132 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 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 have the same term as 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 t o 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. C. Major WTFP Design and Development Standards. All wireless telecommunications facilities subject to a Major WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards: 1. General Guidelines. a. The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this code. b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and othe r techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. c. Wireless telecommunications facilities shal l be located consistent with Section 12.56.080 (Location Restrictions) unless an exception is granted. 2. Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety. 3. Blending Methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure and structures. 4. Equipment. The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible . Antenna elements shall be flush mounted, to the extent feasible, with all cables and wires out of public view and, to the extent feasible, concealed inside the structure, pole, etc . All antenna G.7.e Packet Pg. 133 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this Section, antennas shall be situated as close to the ground as technically feasible. 5. Support Structures. a. Pole-Mounted Only. Only pole-mounted antennas (excepting wooden poles per subparagraph 5.b below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to Section 12.56.080 is granted. b. Utility Poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section 12.56.080 is granted. The maximum height of any antenna shall not exceed 48 inches above the height of any existing utility pole within 100 feet of the proposed facilt y an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded. c. Light Poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole located within 100 feet of the proposed facility. Any portion of the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable road surface. d. Replacement Poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible. e. Equipment mounted on a support structure shall not exceed four (4) cubic feet in dimension. f. No new guy wires shall be allowed unless required by other laws or regulations. g. An exception pursuant to Section 12.56.080 shall be required to erect any new support structure (non-eligible support structure) that is not the replacement of an existing eligible support structure. h. As applicable to all new support structures (non-eligible support structures), regardless of location, the following requirements shall apply: (i) Such new support structure shall be designed to resemble existing support structures of the same type in the right-of-way near that location, including size, height, color, materials and style, with the G.7.e Packet Pg. 134 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 exception of any existing structural designs that are scheduled to be removed and not replaced. (ii) Such new support structures that are not replacement structures shall be located at least 90 feet from any eligible support structure to the extent feasible. (iii) Such new support structures shall not adversely impact scenic views from other structures and/or public areas , and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the new support structure. The applicant shall further employ concealment techniques to blend the new support structure with said features including but not limited to the addition of vegetation if feasible. (iv) A justification analysis shall be submitted for all new support structures that are not replacements to demonstrate why an eligible support facility cannot be utilized and demonstrating the new structure is the least intrusive means possible, including a demonstration that the new structure is designed to be the minimum functional height and width required to support the proposed wireless telecommunications facility. i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflaged or hidden to the fullest extent feasible. For all support structures wherein interior installation is infeasible, conduit and cables attached to the exterior shall be mounted flush thereto and painted to match the structure. 6. Space. Each facility shall be designed to occupy th e least amount of space in the right-of-way that is technically feasible. 7. Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility. 8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or cause safety hazards to pedestrians and motorists. 9. Public Facilities. A facility shall not be located within any portion of the public right - of-way interfering with access to a fire hydrant, fire station, fire escape, water v alve, underground vault, valve housing structure, or any other public health or safety facility. 10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line. G.7.e Packet Pg. 135 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 11. Accessory Equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below: a. Unless city staff determines that there is no room in the public right -of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to Section 12.56.080 shall be required in order to place accessory equipment above-ground and concealed with natural or manmade features to the maximum extent possible. b. When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of 10 square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be located within the structure. Also, while pole-mounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this chapter. c. Structures shall maintain clear sight triangles at all intersections. d. In locations where homes are only along one side of a street, above -ground accessory equipment shall not be installed directly in front of a residen ce. Such above-ground accessory equipment shall be installed along the side of the street with no homes. 12. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, fol iage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the city to provide screening or to conceal the facility. 13. Signage. No facility shall bear any signs or advertisin g devices other than certification, warning or other signage required by law or permitted by the city. 14. Lighting. a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods. d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, a nd must G.7.e Packet Pg. 136 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The city may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required. 15. Noise. a. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m. b. At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter 8.28 of this code. 16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The public works director or the approving city body, as applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device. 17. Modification. Consistent with current state and federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. 18. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the city. 19. Conditions of Approval. All Major WTFPs shall be subject to such conditions of approval as reasonably imposed by the public works director or the approving city body, as applicable, as well as any modification of the conditions of approval deemed necessary by the public works director or the approving city body. G.7.e Packet Pg. 137 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 12.56.080 -LOCATION RESTRICTIONS; EXCEPTIONS FOR NON-COMPLIANT MAJOR WIRELESS TELECOMMUNICATIONS FACILITIES. A. Locations Requiring an Exception. Major WTFPs are strongly disfavored in certain areas and on certain support structures. Therefore the following locations are permitted only when an exception has been granted pursuant to Subsection B hereof: 1. Public right-of-way within those zones as identified in the general plan as residential zones; 2. Public right-of-way within 1,000 feet of any public school, public park or church. 3. Public right-of-way within 100 feet of designated historic buildings; B. Required Findings for an Exception on Major WTFPs. For any Major WTFP requiring an “exception” under this chapter, no such exception shall be granted unless the applicant demonstrates with clear and convincing evidence all the following: 1. The proposed wireless facility qualifies as a "personal wireless services facility" as defined in United States Code, Title 47, Section 332(c)(7)(C)(ii); 2. The applicant has provided the city with a clearly defined significant gap (as established under state and federal law) and a clearly defined potential site search area. a. In the event the applicant seeks to install a wireless telecommunications facility to address service coverage concerns, full-color signal propagation maps with objective units of signal stre ngth measurement that show the applicant's current service coverage levels from all adjacent wireless telecommunications facilities without the proposed facility, predicted service coverage levels from all adjacent facilities serving applicant with the proposed facility, and predicted service coverage levels from the proposed facility without all adjacent facilities. b. In the event the applicant seeks to address service capacity concerns, a written explanation and propagation maps identifying the existing facilities with service capacity issues together with competent evidence to demonstrate the inability of those facilities to meet capacity demands. 3. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why any alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or reasonably available; and 4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve th e applicant's reasonable objectives of covering an established significant gap (as established under state and federal law). G.7.e Packet Pg. 138 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 5. The applicant has demonstrated that strict compliance with any provision in this chapter for a Major WTFP would effectively prohibit the provision of personal wireless services. C. Scope. The planning commission or public works director, as applicable, shall limit an exemption for a Major WTFP to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its objectives of covering an established significant gap (as established under state and federal law). The planning commission or public works director, as applicable, may adopt conditions of approval as reasonably necessary to promote the purposes in this chapter and protect the public health, safety and welfare. 12.56.090 - OPERATION AND MAINTENANCE STANDARDS. All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards: A. 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 the PROW. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved WTFP are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to the WTFP. B. Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent at its sole cost within 48 hours: 1. After discovery of the need by the permittee, owner, operator or any d esignated maintenance agent; or 2. After permittee, owner, operator or any designated maintenance agent receives notification from the city. C. Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified by city’s risk management. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured. The permittee shall use its best efforts to provide thirty (30) days prior notice to the public works director of to the cancellation or material modification of any applicable insurance policy. D. 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, G.7.e Packet Pg. 139 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 and any and all claims, demands, law suits, or causes of action and o ther 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 the city for any costs and expenses directly and necessarily incurred by the city in the course E. 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 te rm of the approval, a performance bond or other surety or another form of security 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 removal of the facility as specified in the application for the WTFP or as that amount may be modified by the public works director in in the permit based on the characteristics of the installation. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review. F. 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. All facilities, including each piece of equipment, shall be located and placed in a manner so as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian traffic, impair the primary use and purpose of poles/signs/traffic signals or other infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise obstruct the accessibility of the PROW. G. Contact Information. Each permittee of a wireless telecommunications facility shall provide the public works director with the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility (“contact information”). Contact information shall be updated within seven days of any change. H. All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condit ion, including ensuring the facilities are reasonably free of: 1. Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems (water, sewer, storm drains, gas, oil, electrical, etc.) that result from any activities performed in connection with the installation and/or maintenance of a wireless facility in the PROW. G.7.e Packet Pg. 140 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 2. General dirt and grease; 3. Chipped, faded, peeling, and cracked paint; 4. Rust and corrosion; 5. Cracks, dents, and discoloration; 6. Missing, discolored or damaged artificial foliage or other camouflage; 7. Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must be removed at the sole expense of the permittee within forty eight (48) hours after notification from the City. 8. Broken and misshapen structural parts; and 9. Any damage from any cause. I. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in neat, safe and good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the public works director. J. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation. K. Each facility shall be operated and maintained to comply at all conditions of approval. The permittee, when directed by the city, must perform an inspection of the facility and submit a report to the public works director on the condition of the facility to include any identified concerns and corrective action taken. Additionally, as the city performs maintenance on city- owned infrastructure, additional maintenance concerns may be identified. These will be reported to the permittee. The city shall give t he permittee thirty (30) days to correct the identified maintenance concerns after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit. The burden is on the Permittee to demonstrate that it complies with the requirements herein. Prior to issuance of a permit under this Chapter, the owner of the facility shall sign an affidavit attesting to understanding the City’s requirement for performance of annual inspections and reporting. L. All facilities permitted pursuant to this chapter shall comply with the American with Disabilities Act. M. The permittee is responsible for obtaining power to the facility and for the cost of electrical usage. N. Failure to comply with the city’s adopted noise standard afte r written notice and reasonable opportunity to cure have been given shall be grounds for the city to revoke the permit. O. Interference. G.7.e Packet Pg. 141 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 1. The 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 PROW or city utility easement to be affected by permittee's facilities. 2. The facility shall not damage or interfere in any way with city property, the city’s operations or the operations of prior-existing, third party installations. The city will reasonably cooperate with the permittee and/or carrier to carry out such activities as are necessary to correct the interference. a. Signal Interference. The permittee shall correct any such interference within 24 hours of written notification of the interference. Upon the expiration of the 24-hour cure period and until the cause of the interference is eliminated, the permittee shall cease operation of any facility causing such interference until such interference is cured. b. Physical Interference. The city shall gi ve the permittee thirty (30) days to correct the interference after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit. 3. The City at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the operation of the facility. The City will in all cases, other than emergencies, give the applicant 30 days written notification of such planned, non-emergency actions. P. 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, the permittee or its representative must conduct on -site post-installation RF emissions testing to demonstrate actual compliance with the FCC Office of Engineering and Technology 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. 1. 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. G.7.e Packet Pg. 142 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 Q. 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. R. 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. 12.56.100 - NO DANGEROUS CONDITION OR OBSTRUCTIONS ALLOWED. No person shall install, use or maintain any wireless telecommunications facility that in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or o ther objects permitted at or near said location. 12.56.110 - NONEXCLUSIVE GRANT; NO POSSESSORY INTERESTS. A. No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no approval shall be construed as a warranty of title. B. No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, the permittee acknowledge that the city has given to the applicant notice pursuant to Califo rnia Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a WTFP may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Wireless telecommunications facility operators shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes, fees, and assessments levied against their right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by the WTFP. C. The permission granted by a WTFP shall not in any event constitute an easement on or an encumbrance against the PROW. No right, title, or interest (including franchise interest) i n G.7.e Packet Pg. 143 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 the PROW, 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. 12.56.120 - PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS. A. Permit Term. Unless Government Code Section 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire. B. A permittee may apply for a new permit within 180 days prior to expiration. Said application and proposal shall comply with the city’s current code requirements for wireless telecommunications facilities. C. Timing of Installation. The installation and construction authorized by a WTFP 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 WTFP shall conclude, including any necessary post-installation repairs and/or restoration to the PROW, within thirty (30) days following the day construction commenced. D. Commencement of Operations. The operation of the approved facility shall commence no later than ninety (90) days after the completion of installation, or the WTFP will expire without further action by the city. The permittee shall provide the public works director notice that operations have commenced by the same date. 12.56.130 - CESSATION OF USE OR ABANDONMENT. A. A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for 90 or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility. B. The operator of a facility shall notify the public works director in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the public works director of any discontinuation of operations of 30 days or more. C. Failure to inform the public works director of cessation or discontinuation of operations of any existing facility as required by this Section shall constitute a violation of any approvals and be grounds for: 1. Litigation; 2. Revocation or modification of the permit; G.7.e Packet Pg. 144 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 3. Acting on any bond or other assurance required by this article or conditions of approval of the permit; 4. Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner’s expense; and/or 5. Any other remedies permitted under this code or by law. 12.56.140 - REMOVAL AND RESTORATION—PERMIT EXPIRATION, REVOCATION OR ABANDONMENT. A. Upon the expiration date of the permit, including any extensions, earlier termina tion or revocation of the WTFP or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to the condition it was in prior to the granting of the WTFP, ex cept for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, a nd regulations of the city. Expired, terminated or revoked wireless telecommunications facility equipment shall be removed from the site at no cost or expense to the City. B. Failure of the permittee, owner or operator to promptly remove its facility and restore the property within 90 days after expiration, earlier termina tion or revocation of the WTFP, or abandonment of the facility, shall be a violation of this code. Upon a showing of good cause, an extension may be granted by the public works director where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this Section shall be grounds for: 1. Prosecution; 2. Acting on any security instrument required by this chapter or conditions of approval of permit; 3. Removal of the facilities by the city in accordance with the procedures establis hed under this code for abatement of a public nuisance at the owner’s expense; and/or 4. Any other remedies permitted under this code or by law. C. Summary Removal. In the event any city director or city engineer determines that the condition or placement of a wireless telecommunications facility located in the public right- of-way constitutes a dangerous condition, obstruction of the public right -of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), such director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for th e removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner ’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property. G.7.e Packet Pg. 145 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an 01247.0006/534041.3 D. Removal of Facilities by City. In the event the city removes a wireless telecommunications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner or operator after notice, or removal by the city due to exigent circumstances. 12.56.150 - EFFECT ON OTHER ORDINANCES. Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of this code. In the event of a conflict between any provisi on of this chapter and other sections of this code, this chapter shall control. 12.56.160 - STATE OR FEDERAL LAW. The implementation of this chapter and decisions on applications for placement of wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined that the 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 l aws or regulations. If that determination is made, the requirements of this Chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation. 12.56.170 – LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS FACILITIES IN THE RIGHT-OF-WAY. A. Legal nonconforming wireless telecommunications facilities are those facilities that existed but did not conform to this chapter on the date this chapter became effective. B. Legal nonconforming wireless telecommunications facilities shall, within ten years from the date this chapter became effective, be brought into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a con ditional use, the owner shall comply with all applicable provisions of this code at such time, to the extent the city can require such compliance under federal and state law. C. An aggrieved person may file an appeal to the city council of any decision of th e public works director or other deciding body made pursuant to this Section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of invest ment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the pu blic if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property. G.7.e Packet Pg. 146 Attachment: Exhibit A -Chapter 12.056 WTFs in the Public R-O-W [Revision 2] (Adoption of an Urgency Ordinance & First Reading of an AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: An Ordinance Amending Title 6 (Animals) of the Grand Terrace Municipal Code by Repealing in Their Entirety Chapter 6.04 and Chapter 6.08 and Adopting a New Chapter 6.04 (Animal Control) and a New Chapter 6.08 (Animal Licensing and Vaccinations) PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: Read by Title Only, Waive Further Reading and Introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 6 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING IN THEIR ENTIRETY CHAPTER 6.04 AND CHAPTER 6.08 AND ADOPTING A NEW CHAPTER 6.04 (ANIMAL CONTROL) AND A NEW CHAPTER 6.08 (ANIMAL LICENSING AND VACCINATIONS) 2030 VISION STATEMENT: This item promotes Our Mission: To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. BACKGROUND: For several years the City contracted with other municipalities for animal control field and sheltering services. In fiscal year 2018-2019, the code enforcement division was reorganized to incorporate animal control field services. Sheltering and veterinary services are contracted out to outside vendors. This reorganization has caused staff to review its regulations on animal control and animal licensing provisions to facilitate field services. DISCUSSION Based on the review, staff is recommending that chapter 6.04 and chapter 6.08 be updated by repealing and replacing with new chapter 6.04 (Animal Control) and new chapter 6.08 (Animal Licensing and Vaccinations). For reference the existing chapters are included as Attachments. Proposed Chapter 6.04 (Animal Control) Proposed Chapter 6.04 is a complete update of the existing chapter. This chapter G.8 Packet Pg. 147 establishes the provisions for most animal control services. It establishes, amongst other things, new definitions, power of animal control services, entry onto private property, and animal waste. There are several new items of note that will provide greater effectiveness and efficiency, including: Section 6.04.010 Definitions. This section was substantially upgraded and includes significantly more definitions than the current codes do. There are definitions for “public nuisance animal”, “potentially dangerous dog”, and “vicious dog”. While situations involving potentially dangerous and vicious dogs may come up infrequently, situations with public nuisance animals would be more frequent and this chapter establishes regulations for these types of animals. Section 6.04.060 Rabies Control, Animal Bites and Quarantine of Animals includes provisions for how animal bites will be handled, including quarantine and confinement of the biting animal. Section 6.04.080 Impoundment of Animals. This section establishes that owners of animals impounded incur impoundment and reclaiming costs. It is animal control’s standard practice that when a loose dog is captured all efforts are made to return the dog to its owner, whenever possible, whether the dog has a tag or microchip. If the owner cannot be found or contacted , the dog is impounded at the shelter, and the dog’s photograph with other identifying information is posted on Facebook. Section 6.04.090 Animal Care. While state law contains provisions on the care of animals, including such provisions in the local code provides animal control field officers another tool to address welfare inspections on animals. Section 6.04.130 Public Nuisance Animals. This is a new section that will provide a mechanism for animal control field staff to address loose animals that are detrimental to the peace of residents and/or continually take up staff resources. Examples would be the same dog(s) repeatedly loose and harassing people, barking dogs, crowing roosters, or as recently has been the case, loose tortoises. Section 6.04.140 Potentially Dangerous and Vicious Dogs . The existing code has a definition for “vicious animal” but does not include a process for making such determinations. This new section provides the process for making that determination and also terms by which such animals may be kept by the owner, such as the method of confinement on the property. Section 6.04.160 Wild, Exotic Animals. The section expands on existing regulations by providing a clear process for the permitting of wild/exotic animals. G.8 Packet Pg. 148 A wild or exotic animal may be permitted if any such animal may be kept or maintained without endangering the safety of any person, other animal or property, nor create a nuisance; provided . The animal control officer or contractor may require any such animal to be properly secured, caged, or restrained, and may require any other measures that may be necessary and proper. Chapter 6.04 also provides a mechanism by which the City Council may adopt a resolution to recover costs associated with nuisances, defined in this chapter, via a lien on the subject property. Proposed Chapter 6.08 (Animal Licensing and Vaccination) Proposed Chapter 6.08 maintained the existing provisions mandating dog lic ensing, licensing fees and rabies vaccination. However, all existing provisions regarding animal bites has been removed and is included in proposed Chapter 6.04 (Animal Control). FISCAL IMPACT: There is no fiscal impact associated with the proposed ordinances. ATTACHMENTS: • Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 (DOCX) • Existing GT Ch 6.04 Animal Control (PDF) • Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control(PDF) APPROVALS: Sandra Molina Completed 04/01/2019 7:18 PM City Attorney Completed 04/03/2019 5:09 PM Finance Completed 04/03/2019 5:41 PM City Manager Completed 04/03/2019 7:20 PM City Council Pending 04/09/2019 6:00 PM G.8 Packet Pg. 149 01247.0005/544204.3 Page 1 of 30 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING TITLE 6 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING IN THEIR ENTIRETY CHAPTER 6.04 AND CHAPTER 6.08 AND ADOPTING A NEW CHAPTER 6.04 (ANIMAL CONTROL) AND A NEW CHAPTER 6.08 (ANIMAL LICENSING AND VACCINATIONS) WHEREAS, the City Council of the City of Grand Terrace has the authority to adopt ordinances to promote the general welfare under Article XI, Section 7 of the California Constitution; and WHEREAS, on July 1, 2018, the City of Grand Terrace implemented its own animal control services program; and WHEREAS, it is appropriate to amend Title 6 of the Municipal Code by updating standards relating to animal control and animal licensing and vaccinations; and WHEREAS, the City Council, pursuant to the California Environmental Quality Act (hereinafter "CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) finds that the Ordinance is exempt pursuant to Section 15061 (b)(3) of Title 14 the California Code of Regulations because it can be seen with certainty that this ordinance will not have a significant effect on the environment and therefore it is not subject to CEQA; and WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds that all the facts, findings, and conclusions set forth above recitals in this Ordinance are correct and are incorporated herein as findings of the City Council. SECTION 2. Repeal and Replace Chapter 6.04. Chapter 6.04 ("Animal Control") of Title 6 ("Animals") is hereby repealed in its entirety and replaced with new Chapter 6.04 ("Animal Control"), attached hereto as Exhibit 1. SECTION 3. Repeal and Replace Chapter 6.08. Chapter 6.08 ("Dog Licensing and Vaccination-Rabies Control") of Title 6 ("Animals") is hereby repealed in its entirety, and replaced with new Chapter 6.08 ("Animal Licensing and Vaccination"), attached hereto as Exhibit 2. G.8.a Packet Pg. 150 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 2 of 30 SECTION 4. Inconsistencies. Any provision of the Grand Terrace Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordi nance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Grand Terrace declares that it would have adopted all the provisions of this ordinance tha t remain valid if any provisions of this ordinance are declared invalid. SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 7. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 9th day of April 20108. _________________________ Darcy McNaboe Mayor Attest: ______________________ Debra L. Thomas City Clerk Approved as to form: ______________________ Adrian R. Guerra City Attorney G.8.a Packet Pg. 151 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 3 of 30 EXHIBIT 1 “Chapter 6.04 Animal Control 6.04.010 Definitions. 6.04.020 Duties and powers of animal control officers. 6.04.030 Entry upon private property. 6.04.040 Restraint and Control of Animals. 6.04.050 Barking dogs. 6.04.050 Humane Animal Traps. 6.04.060 Rabies Control, Animal Bites And Quarantine Of Animals. 6.04.070 Skunks. 6.04.080 Impoundment of Animals. 6.04.090 Animal Care. 6.04.100 Animal Waste. 6.04.110 Disposition of Dead Animals. 6.04.120 Preventive Measures Program. 6.04.130 Public Nuisance Animals. 6.04.140 Potentially Dangerous And Vicious Dogs. 6.04.150 Authority to charge higher license fee for potentially dangerous animal or vicious animal. 6.04.160 Wild, Exotic Animals. 6.04.170 Commercial Animal Establishment Permits; Issuance and Revocation. 6.04.180 Violations Declared A Nuisance. 6.04.190 Enforcement. 6.04.200 Penalties. Section 6.04.010 Definitions. The following terms shall have the corresponding meanings. A. “Animal” means every nonhuman species of animal, both domestic and wild. B. “Animal at Large” means any animal which is off the premises of its owner, custodian or caretaker which is not under physical restraint by leash of size and material appropriate to the size and temperament of the animal, and which is not held by a person capable of restraining the animal, or is not otherwise physically restrained by some other device or instrument. The device or instrument shall not include voice control, eye control or signal control of the animal by any person. C. “Animal control officer” means humane officers or animal control officers employed by, or under contract with, the city to implement and enforce the provisions of the Municipal Code relating to animal control, including his/her G.8.a Packet Pg. 152 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 4 of 30 designees. D. “Animal control supervisor” means the City of Grand Terrace Director Planning and Development Services, or such other person as may be designated by the City of Grand Terrace City Manager. E. “Animal shelter” means any facility operated by a humane society, or municipal agency or its authorized agents, including under agreement with the city, for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption, or euthanasia. F. “Auction” means any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by private owners. G. “Circus’ means a commercial variety show featuring animal acts for public entertainment. H. “Commercial animal establishment” means any pet shop, grooming shop, riding school or stable, or boarding or breeding kennel open to the general public. This definition does not apply to privately owned, not for hire ranches. I. “Domesticated animal” means an animal which has historically and commonly been tamed for use by man or woman (e.g., horses, cows, sheep, dogs, pigs, and cats). J. “Enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch. K. “Exigent circumstances” means any circumstances in which the officer, in his or her best judgment, determines that a life threatening or serious injury may occur if immediate action is not taken (i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or other animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.). L. “Exotic animal” means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, coyote, fox, opossum, raccoon, ferret, weasel, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity. M. “Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed. G.8.a Packet Pg. 153 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 5 of 30 N. “Guard or attack dog” means any dog trained to guard, protect, patrol or defend any premises, area or yard or any dog trained as a sentry or to protect, defend, or guard any person or property, or any dog such as a schutzhun d or any similar classification. O. “Kennel or cattery” means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. P. “Owner” means any person who is the legal owner, keeper, harborer, possessor or custodian of the animal, or partnership or corporation owning, keeping, or harboring one or more animals. A person registering as the owner on an animal license or other legal document also establishes ownership. An anima l shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. Q. “Performing animal exhibition” means any spectacle, display, act, or event, including circuses, and petting zoos, in which performing animals are used. R. “Pet or companion animal” means any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter. S. “Pet shop” means any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys and/or sells, any species of animal. T. “Potentially dangerous dog” means any dog, except a trained dog as sisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: 1. Any dog which, when unprovoked on two (2) separate occasions, engages in any behavior that requires a defensive action by any person, who i s in a place where they are conducting themselves peacefully and lawfully, to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. 2. Any dog which, when unprovoked, bites a person causing a less than substantial physical injury as defined in this chapter. 3. Any dog which, when unprovoked on two (2) separate occasions, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. 4. Any dog which, when unprovoked, has killed another animal off the G.8.a Packet Pg. 154 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 6 of 30 property of the owner or keeper of the dog. 5. A dog that creates a danger or constitutes a menace to the public's health and safety due to its training or the inherent nature of the dog. U. “Property owner” shall have the same meaning as “Owner”. V. “Public nuisance animal” means any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that: 1. Is repeatedly found at large or owner has received three (3) or more citations and/or notices of violation, on separate occurrences, for the animal running at large; or 2. Is impounded three (3) or more times; 3. Damages the property of anyone other than its owner; 4. Impedes the safety of pedestrians, passersby, bicyclists or motorists; 5. Makes excessive disturbing noise including, but not limited to, continued and repeated howling, barking, whining, and other utterances continued over so long a period of time as to disturb the peace and quiet of nearby property or which would cause annoyan ce or discomfort to a reasonable person of normal sensitivity in the area. This definition does not apply to properly permitted commercial animal establishments; 6. Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; or attacks other domestic animals; and/or 7. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or ha rbored and/or causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored. W. “Restraint” means any animal secured by a substantial leash or lead or other similar device and under the control of a person competent and capa ble to G.8.a Packet Pg. 155 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 7 of 30 restrain such animal, or within a vehicle being driven or parked or within a secure enclosure. X. “Riding school or stable” means any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or a ny place that regularly buys, sells, or trains the above animals. Y. “Secure enclosure” means a fence, pen or structure suitable to securely and humanely prevent the animal from escaping and to prevent the entry of young children or any part, limb or appendage of anychild, and unauthorized persons. The pen or structure shall have secure sides and top that will protect the animal(s) from the elements. All sides must be embedded at least two feet (2') into the ground unless the bottom is adequately secured to t he sides. The enclosure shall not be less than five feet by ten feet (5' x 10') and not less than six feet (6') high. Z. “Sentry dog” means a dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. AA. “Substantial physical injury” means a substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, disfiguring lacerations, wound requiring multiple sutures, or any injury requiring corrective or cosmetic surgery. BB. “Vaccination” means an inoculation with vaccine against rabies in accordance with requirements of Section 121690 of the California Health and Safety Code. CC. “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals. DD. “Vicious dog” means: 1. Any dog seized under Penal Code section 599(a) where a conviction has been sustained against the owner or keeper of the dog under Penal Code section 597.5(a); 2. Any dog which, when unprovoked, in an aggressive manner, inflicts "substantial physical injury", as defined in this chapter, on or kills a human being; and/or 3. Any dog previously determined to be and currently listed as a potential ly dangerous dog which, after its owner or keeper has been notified of said determination, continues said behavior or is maintained in violation of this G.8.a Packet Pg. 156 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 8 of 30 chapter. Section 6.04.020 Duties and powers of animal control officers. A. Animal control officers shall be authorized, and shall have the duty, to: 1. Receive, take up and impound: a. All animals which are creating a public nuisance, or which are found running at large in violation of this chapter or of any other applicable law or regulation; b. All public nuisance animals, potentially dangerous animals or vicious animals; and/or c. All animals, which, without provocation or direction, may be threatening the safety of any person or other animal, whether the threatening animal is a potentially dangerous animal or vicious animal. 2. In accordance with standards established therefor by state or local law or regulation, regularly and adequately feed, water and otherwise care for all animals impounded under the provisions of this chapter, or otherwise provide for such feeding, watering and care. 3. Investigate the condition and behavior of any animal alleged or believed to be potentially dangerous, vicious, abused, neglected or abandoned and take such action under this chapter as may be appropriate. 4. Follow the provisions of this chapter and of the California Penal Code Section 597f or other governing provision of law, as applicable, in humanely destroying or giving emergency care to sick or injured dogs and cats. Section 6.04.030 Entry upon private property. Any person whose duty it is to enforce the provisions of this chapter may enter upon private property with the consent of the property owner, tenant or occupier, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist. Section 6.04.040 Restraint and Control of Animals. A. Duty To Restrain Dogs On Property: No person in the City of Grand Terrace owning, having possession, charge, custody or control of any dog shall permit or allow such dog to stray or run at large upon any public st reet, sidewalk, school ground, public park, playground, place of public assembly or any other public place or without the consent of the owner or person in control upon any private place or property. B. Leash Laws: No person owning, having charge, care, custo dy or control of any dog shall bring his dog out of his premises or property unless said dog is secured G.8.a Packet Pg. 157 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 9 of 30 by a substantial leash or lead and under the control of a person competent and capable to restrain such dog provided that the provisions of this subsect ion shall not apply to any official police dog while such dog is on duty or any dog while engaged in herding and control of livestock, hunting sporting purposes or competitive trials or training when under the immediate command and control of the person in charge. C. Impound: Any dog found running at large, running loose or unrestrained may be impounded by an animal control officer or an officer of the San Bernardino County sheriff's department for a period in accordance with California state law. There shall be a reclaiming fee as set forth in a fee schedule adopted by the city council. D. Females in Season: No unspayed female dog or cat in estrus shall be left so as to attract stray male dogs or cats. E. Confinement of Females: Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. Section 6.04.050 Barking dogs. It is unlawful for any person to keep, or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines or makes loud or unusual noises in such a manner as t o disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life or prop erty. The animal control officer shall promptly investigate or cause to be investigated all complaints that this section is being violated if such complaints are in writing and contain the signature of the complainant. Section 6.04.050 Humane Animal Traps. A. Animal control officers and/or their designee are authorized to place, upon request, live capture animal traps on private or public property to trap and remove stray, at large, abandoned or nuisance animals. B. It is unlawful for any person other than an animal control officer and/or designee to remove any animal from the trap or to damage, destroy, move, or tamper with the trap. Section 6.04.060 Rabies Control, Animal Bites And Quarantine Of Animals. A. Suspicion of Rabies. If it shall appear to the anim al control officer that any animal has rabies, the animal control officer may destroy, cause to destroy, or may have such animal held for further examination or observation for such time G.8.a Packet Pg. 158 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 10 of 30 as the animal control officer may determine to be appropriate, in accordance with state and local laws. B. Rabies control. Whenever any animal has been bitten by an animal which has rabies or which exhibits any symptoms of rabies, or which is suspected of having been exposed to rabies, the owner or the person having custody of such bitten animal shall immediately notify the city’s animal control officer or the health officer, and shall immediately confine the animal and maintain that confinement until it is established that such animal does not have rabies. The animal control officer shall have the power to quarantine such animal, or impound it at the owner’s expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the animal control officer, to adequately confine such animal immediately, or in the event the owner of such animal is not readily accessible. C. Quarantine of Biting Animals: Any animal which bites a human shall be quarantined in accordance with state and local law. D. Confinement of Biting Animals: Upon receipt of a report that a person has been bitten by an animal subject to rabies, animal control services is empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and to seize and impound if necessary, in a place and manner approved by the animal control officer, any such animal. E. Unlawful Removal of Quarantined Animal: It shall be unlawful for any person to remove from any place of isolation or quarantine, any animal which has been isolated or quarantined under the provisions of this chapter, without the consent and approval of the animal control officer. F. Costs Incurred: Whenever any such owned biting animal is quaranti ned, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal. G. Posting of Quarantine Sign: It shall be unlawful for anyone to obstruct the posting of a quarantine sign or to remove or destroy such a posted sign prior to the end of the quarantine period of such animal unless approved by the animal control officer. H. Preventive Measures Authorized: If the animal control officer determines that an animal has bitten a human being or animal, he or she shall have the authority to order any preventive measures necessary, as described in this chapter. I. Seizure Authorized: An animal control officer shall have the authority to seize and impound any animal should the owner, caretaker or keeper of the animal fail to comply with the provisions of this chapter and applicable state and local law. J. Additional Confinement: Quarantined animals may be held an additional time period if so determined by the animal control officer for reasons of public and animal safety or in cases pending public nuisance, potentially dangerous or G.8.a Packet Pg. 159 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 11 of 30 vicious dogs or in accordance to any other applicable codes of this chapter or state law. Section 6.04.070 Skunks. It is unlawful for any person, firm or corporation to: (1) Trap or capture skunks for pets; (2) Trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and/or (3) Transport skunks from or into the city. Section 6.04.080 Impoundment of Animals. A. Unrestrained dogs and nuisance animals may be taken by the police, animal control officers, or humane officers and impounded in an animal shelter and be confined there. B. All impounded animals shall be held for the time period specified by California state law unless an extended time is warranted and approved by the animal control supervisor. C. If, a license tag or other means can identify the owner of an impounded animal identified, the impounding shelter and/or animal control officer shall make a reasonable effort to notify the owner. D. An owner reclaiming an impounded animal shall pay any fees and/or fines as established by resolution of the city council. Notices of violation and/or court citations may also be issued in conjunction with impoundment or reclaiming of the animal. E. Any animal not reclaimed by its owner within the time period specified by California state law and/or in accordance to this chapter shall become the property of the city, impounding animal shelter or humane society and shall be placed for adoption in a suitable home or humanely euthanized. F. In addition to, or in lieu of, impounding an animal found at large, the animal control officer or police officer may issue to the known owner or custodian of such animal a notice of violation, administrative citation or court citation. Such citations shall impose upon the owner or custodian a fine or penalty, as established by resolution of the city council. G. The shelter director or designee shall keep complete and accurate records of the care, feeding, veterinary treatment, and disposition of all animals impounded at the shelter in accordance with state laws and with the City of Grand Terrace . Section 6.04.090 Animal Care. A. No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. G.8.a Packet Pg. 160 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 12 of 30 B. An animal shall not be overcrowded or exposed to temperatures detrimental to the welfare of the animal. C. No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. D. No owner or person who is responsible for the care of an animal shall abandon such animal. E. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such person shall at once report the accident to the appropriate law enforcement agency or animal control facility. F. No person shall expose any known poisonous substance, whether mixe d with food or not, so that the same shall be liable to be eaten by any domestic animal. G. Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. H. No animal shall be allowed to exist or maintained in suc h a manner that is, or could be, injurious to that animal. I. If the animal is restricted by a leash, rope, chain or similar device, the leash, rope, chain or similar device shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food and water. This definition does not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person. J. Every person who keeps a dog restricted by a leash, rope, chain or similar device, as defined in this chapter, shall provide such dog with the proper exercise and attention needed to help prevent the dog from becoming a public nuisance and to provide relief of confinement. K. Animals that are natural enemies, temperamentally unsuited or otherwise incompatible, shall not be quartered together or so near each other as to cause injury, fear or torment. Section 6.04.100 Animal Waste. A person having custody of any animal shall not permit, either willfully or through failure to exercise due care or control, any such animal(s) to defecate upon public or private property, including parks. The owner of every animal shall be responsible for the immediate removal of any animal waste from private and public property, including parks. Section 6.04.110 Disposition of Dead Animals. When any dog, animal or fowl owned by, or in the custody or control of, any G.8.a Packet Pg. 161 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 13 of 30 person or found in any person's private property dies, such person shall, within twenty four (24) hours, provide for the burial, incineration, or other disposition of the body of such dead animal or fowl by all lawful means and in accordance to state and local law. Section 6.04.120 Preventive Measures Program. A. Circumstances Requiring Special Preventive Measures: If an animal control officer deems that immediate preventive measures are appropriate, the animal control officer shall have the authority to require the person owning or having possession, charge or custody or control of an animal to comply with specific preventive measures, as described below, after taking into consideration the following circumstances: 1. Nature of Particular Animal: The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation; 2. Adequacy of Confinement: The adequacy of the enclosure or way of confinement, if any; and 3. Immediate Surrounding Area: The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of the citizens or the peace and tranquility of citizens in the immediate surrounding area. 4. Additional Factors: In considering whether to order a special preventive measure, the animal control section is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to: a. Child Under Thirteen Years of Age: There is a child under thirteen (13) years of age who lives in close proximity to the animal, or children walk by or are otherwise in close proximity to the property occupied by the animal; b. Bite: The animal has bitten a human being or domestic animal without provocation; c. Attitude of Attack Incident: The animal, without provocation, has approached a person in an apparent attitude of attack; d. Reputation of Animal: The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of G.8.a Packet Pg. 162 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 14 of 30 human beings or domestic animals. B. Court Citations: Any violation of a preventive order issued by an animal control officer may result in a court citation in addition to other penalties set forth in Chapter 1.16 of the Grand Terrace Municipal Code. Section 6.04.130 Public Nuisance Animals. A. The possession or maintenance of any animal in violation of this chapter is declared to be a public nuisance. When necessary for the preservation of the public health or safety, the control officer and any city peace officer are directed and authorized to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish such abatement, including but not limited to, the immediate destruction of the animal involved, or by the imposition of remedial requirements for the maintenance of such animal. Conviction of a failure to comply with such requirements shall be punished in accordance with provisions of Chapter 1.16 of the Grand Terrace Municipal Code. The owner of such animal may be required to reimburse the city for all costs incurred in the enforcement of this chapter. The city, by and through the city attorney, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the city of Grand Terrace and/or the state of California for the abatement and redress of public nuisances. B. Remedial requirements may include, but are not limited to, any of the following. 1. The maintenance of the animal in a secure enclosure and/or the requirement of other confinement measures necessary to prevent the escape of the animal. 2. Restraint of the animal, when off the property of the owner, must be maintained at all times by an appropriate leash no longer than four feet in length. The animal must be under the direct control of an adult physically capable of controlling the animal and may not be leashed or tethered to any inanimate object where children may come in direct contact. 3. Relocation of the confinement area on the owner’s property to prevent the animal from making contact with the fencing or property line of adjoining properties. 4. If the animal is confined indoors, it shall not be kept on a porch, patio or other part of the house or other structure that would allow the animal to exit such building or structure on its own volition and/or where children have access and the opportunity to release the animal. In addition, no such animal may be kept in a building or structure when the windows or screen doors are the only obstacle preventing the animal from exiting. G.8.a Packet Pg. 163 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 15 of 30 5. The owner of any animal may be required to p ay restitution for damages or injuries caused as a result of any violation of this chapter. 6. The owner and the animal may be required to engage in obedience and/or behavior modification training for that animal necessary to eliminate the problem. 7. Removal of the unlicensed animal from the city as a result of revocation or denial of licensing for good cause. 8. Prohibit or regulate the acquiring and keeping within the city specified animals for a period of up to five years. 9. Neuter or spay the animal. 10. Humane destruction of the animal. Section 6.04.140 Potentially Dangerous And Vicious Dogs. A. Determination: Whenever an animal control officer determines that there exists probable cause to believe that a dog is potentially dangerous or vicious, the officer shall prepare a petition and schedule an administrative hearing to determine whether or not the dog in question shall be declared potentially dangerous or vicious. This section does not prohibit the animal control officer from immediately issuing a "preventive measures order" for confinement of animal(s) prior to requesting and/or scheduling an administrative hearing. 1. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to fi nd probable cause shall be sworn to and verified by and shall be attached to the petition. 2. Animal control services shall notify the owner or the keeper of the dog and the property owner of the hearing at which time the owner or keeper of the dog shall be given an opportunity to present evidence as to why the dog should not be declared potentially dangerous or vicious. Notice of the hearing and a copy of the petition must be provided to the owner or keeper of the dog either personally or by first class mail, return receipt requested. The hearing shall be open to the public. 3. An impartial hearing officer who shall be appointed by the city manager or designee shall conduct the hearing. If the owner or keeper of the dog fails to appear at the hearing, the hearing shall nevertheless proceed. At least one of the complainants and/or the petitioning animal control officer or representative in the matter must appear and testify at the hearing. 4. The hearing officer shall consider all relevant evidence presented. However, hearings need not be conducted according to formal rules relating to evidence or witnesses. Oral evidence shall be taken on oath or affirmation. Mitigating evidence may include the following: a. Threat, injury or damage was sustained by a person who at t he G.8.a Packet Pg. 164 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 16 of 30 time was committing a willful trespass upon the premises occupied by the dog, was teasing, provoking, tormenting, abusing or assaulting the dog, or was engaged in the commission of a crime. b. The dog was protecting or defending a person within the immedi ate vicinity of the dog from an unjustified attack or assault. c. The dog was defending an attack from another animal or the other animal was teasing, tormenting, abusing or assaulting the dog. B. Potentially Dangerous Dogs: Any dog, which has been determined to be potentially dangerous, may only be maintained under the following terms and conditions: 1. The dog shall be properly licensed with a conspicuously colored tag, vaccinated, and be designated potentially dangerous in the registration records. The owner or keeper shall pay an additional annual registration fee as determined by resolution of the city council. 2. The owner shall, at his or her expense, have the vicious dog microchipped or tattooed with an identifying mark or number by a licensed vet erinarian, and provide the dog's microchip number or tattoo number/mark and appropriate paperwork to the animal control officer. 3. While on the owner's or keeper's property, the dog shall be provided with an adequate exercise area and shall be kept indoors, or in a securely fenced and locked yard from which the dog cannot escape and into which children cannot enter. 4. If the dog is restricted by a leash, rope or chain on the property, the leash, rope or chain shall be affixed in such a manner that it will prevent the dog from becoming entangled or injured and permit the dog's access to adequate shelter, food and water. 5. The dog may be off the owner's or keeper's property only if the dog is restrained by a substantial leash, no more than four (4) feet in len gth and under the control of a responsible, competent and capable adult. 6. Any person keeping or harboring any potentially dangerous dog within the city must provide proof of his/her ability to pay for damages up to the amount of one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability shall be given by filing with animal control officer, in a form approved by the city attorney, a certificate of insurance G.8.a Packet Pg. 165 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 17 of 30 issued by a solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless thirty (30) days written notice is first given to the animal control officer. 7. If the dog dies, or is sold, transferred or permanently removed from the City of Grand Terrace, the owner or keeper shall notify the city's animal control services in writing of the changed circumstances within two (2) working days of the change. 8. The dog shall be removed from the list of potentially dangerous dogs if there are no additional instances of behavior as defined in section 6.04.010.S of this chapter within thirty-six (36) months after designation. The dog may be removed earlier from the list of potentially dangerous dogs if animal control officer determines that there have b een sufficient changed circumstances so that the risk to public safety has been mitigated. 9. Upon completion of the hearing, the hearing officer shall issue a notice of determination within ten (10) calendar days of the hearing, which notice of determination shall be final. C. Vicious Dog: Any dog which has been determined to be vicious may be destroyed or maintained as follows: 1. A dog determined to be a vicious dog may be destroyed by the animal control officer when the hearing officer determines that the release of the dog would create a significant threat to the public health, safety, and welfare. 2. If it is determined that a dog found to be vicious shall not be destroyed, the dog may only be maintained under the following terms and conditions: a. All vicious dogs shall be properly licensed and vaccinated, with the license being a conspicuously colored tag that shall be securely affixed to the dog. b. The animal control officer shall include a designation of vicious for the dog in the registration records of the city. c. The owner or keeper shall pay an annual "vicious dog registration fee", in addition to the regular license fee as determined by resolution of the city council. d. The owner shall, at his or her expense, have the vicious dog microchipped or tattooed with an identifying mark or number by a licensed veterinarian, and provide the dog's microchip number or G.8.a Packet Pg. 166 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 18 of 30 tattoo number/mark and appropriate paperwork to the animal control officer. e. The owner or keeper of a vicious dog shall, within five (5) days of such determination, make available said dog to the animal control officer and allow photographs of the dog to be taken for purposes of identification. f. A vicious dog shall also be spayed or neutered, at the owner's expense, within thirty (30) days of such determination. g. A vicious dog shall be confined in a secure "enclosure" as defined in this chapter. h. The owner shall conspicuously display signs with words or symbols at least two inches (2") high warning of the presence of a vicious dog as approved by the animal control officer. i. While off the owner's or keeper's property, a vicious dog shall at all times be restrained by a substantial leash that does not exceed four (4) feet in length, and held under the control of a responsible adult. The dog shall also wear a muzzle approved by the animal control officer. j. Any person keeping or harboring any vicious dog within the city must provide proof of his/her ability to pay for damages up to the amount of one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability shall be given by filing with the animal control officer, in a form approved by the city attorney, a certificate of insurance issued by a solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless thirty (30) days written notice is first given to animal control services. k. The animal control officer is authorized to make inspections that he/she deems reasonably necessary to ensure compliance with these provisions. l. Any registered vicious dog may be immediately impounded by an animal control officer if: i. The dog's registration is not properly maintained. G.8.a Packet Pg. 167 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 19 of 30 ii. Inspection by the animal control officer reveals that the dog is not maintained in the required enclosure. iii. The dog is outside the dwelling, or the defined enclosure of the owner or keeper and not under the physical restraint and control of a responsible adult. D. Destruction of Vicious Dogs: 1. Any dog determined to be a vicious dog may be humanely destroyed by an animal control officer if it is found, after hearing procedures conducted in accordance with this chapter, that release of the dog woul d create a significant threat to the public health, safety, and welfare. E. Ordered Removal of Potentially Dangerous or Vicious Dog: 1. The animal control supervisor may order the immediate removal of any dog from the city by a date certain if the owner or keeper: a. Fails or refuses to comply with the determination notice set by the hearing officer within the time period specified within the notice; b. Fails or refuses to reimburse any incurred costs within specified time on notice of determination; or c. Violates any part provided on the determination order. 2. If the owner or keeper fails to remove the dog from the city by such date, the animal control officer may seize and impound the dog and not permit the reclaiming or redemption of the dog by the owner unless adequate arrangements acceptable to the animal control supervisor to ensure removal of such dog are made. Such arrangements shall be agreed to in writing between the owner and the animal control supervisor prior to and as such condition of release of the dog to its owner. If such agreement is not made and executed within five (5) days from the date of the agreement, then the dog(s) shall be immediately impounded and destroyed. 3. If the written agreement referred to above is entered into, but is subsequently breached by the owner, the animal control supervisor may immediately order that the dog(s) be impounded and destroyed. 4. Any person failing to comply with the hearing officer's order in this section may be prohibited from keeping or harboring within the cit y any animal of the type, species, group or family to which the order applies (including the dog initially declared potentially dangerous or vicious) for a period of three (3) years from the date of such noncompliance. G.8.a Packet Pg. 168 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 20 of 30 F. Authority to Seize Dog Posing Immediate Threat to Public Safety: 1. If, upon investigation, it is determined by the animal control officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, and/or the owner or keeper is unwilling or unable to correct the situation immediately, then the animal control officer may seize and impound the dog pending a hearing to be held pursuant to this chapter. The dog shall be kept at an appropriate animal shelter designated by the animal control officer. 2. The owner or keeper of the dog shall be liable to the City of Grand Terrace for the costs of impounding and expenses of keeping the dog if the dog is later found to be potentially dangerous or vicious in accordance to this chapter. 3. Any dog held shall not be released, if found to be potentia lly dangerous or vicious, until the owner pays all charges due within ten (10) days of the determination made by the hearing entity. If the owner cannot pay these charges or refuses to pay within the required time period, then the dog shall be treated as unredeemed by the owner, and shall be humanely disposed of. Disposal of the dog does not release the owner from his or her responsibility to pay the imposed fees. G. Conditions for Prohibiting Ownership Of A Dog: 1. The owner of a dog determined to be potential ly dangerous or vicious may be prohibited by the animal control officer from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years, when it is found, after proceedings conducted in this chapter, that ownership or possession of a dog by that person would create a significant threat to the public health. H. Penalties and Costs: 1. If a dog is found to be potentially dangerous or vicious, the owner or keeper of the dog and/or property owner shall be personally liable a nd shall pay to the City of Grand Terrace all administrative costs as set by resolution of the city council, in addition to impounding costs, boarding costs and/or other related costs incurred. 2. If incurred costs are not paid within time specified in the determination notice, no permit and/or license for the dog shall be issued and/or any current license may be revoked following notice and an administrative hearing, if requested by the owner. Then the animal may be considered abandoned and may be handled in the same manner as any other G.8.a Packet Pg. 169 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 21 of 30 unclaimed stray animal. 3. In addition to the administrative proceedings under this section, the city may alternatively to, or in conjunction with the proceedings set forth in this section, commence a criminal action with respect to the nuisance or pursue any and all other remedies legally available. 4. If any person shall violate any provisions in this section, he or she may be fined an amount as set by the resolution of the city council. 5. No animal properly seized under this section shall be returned to the owner until, as determined by the animal control officer, all requirements set by the hearing officer are satisfied for the keeping and maintenance of the dog. I. Failure to Conduct Administrative Hearing: 1. The failure or decision to not conduct an administrative hearing required by this section shall have no bearing on any criminal prosecution for violations of any provisions of this chapter. Section 6.04.150 Authority to charge higher license fee for potentially dangerous animal or vicious animal. All potentially dangerous animals or vicious animals shall be properly licensed and vaccinated. The animal control officer shall include the potentially dangerous or vicious designation in the registration records of the animal, either after the owner or keeper of the animal has agreed to the designation or the court or hearing officer has determined the designation applies to the animal. The city may charge a potentially dangerous animal or vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal. Section 6.04.160 Wild, Exotic Animals. A. No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic, dangerous or non -domesticated animal without first obtaining a conditional use permit, if required in the Zoning Code, and applying to and receiving special authoriz ation from the animal control division and provided further that all necessary city, state and federal licenses have been obtained and are in full force and effect. The keeping or maintenance of such animals shall also conform to the appropriate zoning codes as well as laws and regulations promulgated by the state and federal governments. G.8.a Packet Pg. 170 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 22 of 30 B. The animal control officer may authorize the keeping or maintaining of any wild, exotic, dangerous or non -domesticated animal when, in his/her opinion, any such animal may be kept or maintained without endangering the safety of any person, other animal or property, nor create a nuisance; provided, however, that the animal control officer or contractor may require any such animal to be properly caged, tethered or r estrained, and that he may create such additional requirements that may be necessary and proper under the circumstances; provided further, that any privately owned wild, exotic, dangerous or non - domesticated animal shall require a license fee as establishe d by the city council, the initial fee to be paid at the time of application. He or she may revoke such authorization when, in his/her opinion, the safety of any person, other animal or property is endangered or that a nuisance is created by the keeping of such animal. C. No person shall at any time harbor, own, voluntarily care for or have in custody any animal of any kind that is vicious, or any animal that, in a threatening or annoying manner, barks, snarls or menaces a person or persons within the city, or any animal that barks, howls or makes loud, annoying noises or sounds so that the same creates a serious menace to others in the immediate neighborhood to the detriment of the public health, safety or general welfare of persons in the neighborhood. D. The provisions of this section shall not be applicable to licensed circuses, carnivals, zoos or other collections of wild animals under jurisdiction of a city, state or federal government. E. The applicant, having received a notice of denial, may request a hearing on the notice by a hearing officer selected by the city manager or designee. The request for a hearing must be submitted in writing during the ten (10) calendar days following the service of the notice. F. Failure of the owner or custodian to request a hearing on the notice of denial within the ten (10) day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein. G. Hearings shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed thirty (30) days if the hearing officer deems such continuance to be necessary and proper. Within ten (10) days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery. G.8.a Packet Pg. 171 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 23 of 30 Section 6.04.170 Commercial Animal Establishment Permits; Issuance and Revocation. A. No person, partnership, or corporation shall operate a commercial animal establishment or animal shelter or sentry dog business without first obtain ing a permit in compliance with this chapter and local and state law. This does not apply to privately owned, not for hire ranches. B. All commercial animal establishments shall comply with city and state laws regarding proper care and maximum number of animals. C. Prior to setting up any commercial animal establishment, the property owner or lessee shall first obtain all applicable permits through the City of Grand Terrace community development department. D. When a permit applicant has shown that he/she is willing and able to comply with the regulations, a permit shall be issued upon payment of the applicable fee. E. The permit period shall be effective for one year. Renewal applications for permits shall be made thirty (30) days prior to the expiration of the permit. Application for a permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time. F. If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a transfer fee as determined by resolution of the city council. G. Annual permits shall be issued upon payment of the applicable fee as determined by resolution of the city council. H. Every facility regulated by this chapter shall be considered a separate enterprise requiring an individual permit. I. Persons operating kennels for the breeding of dogs shall license all dogs individually. J. No fee may be required of any veterinary hospital or animal shelter, or government operated zoological park. K. Failure to obtain a commercial animal establishment permit before opening any facility covered in this section shall result in a fine to be established by resolution G.8.a Packet Pg. 172 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 24 of 30 of the city council. L. Any person who changes the category under which a permit was issued shall be subject to a reclassification and readjustment of the permit fee. M. After an application for a permit is filed, the animal control officer shall inspect the facility prior to the issuance of a commercial animal establishment permit to ensure compliance with all applicable standards of care. N. Any person whose permit or license is revoked shall, within thirty (30) days thereafter, sell place or humanely dispose of all animals owned, kept, or harbored under the revoked permit or license. No part of the permit or license fee shall be refunded. O. It shall be a condition of the issuance of any permit or license that the animal control officer, subject to law, shall be permitted at any reasonable time to inspect all animals and the premises where anim als are kept and, if permission for such inspection is refused, may revoke the permit or license of the refusing owner. P. If the applicant has withheld or falsified any information on the application, animal control services may refuse or revoke a commercial animal establishment permit. Q. No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment. R. Any person having been denied a license or permit may not reapply for a period of thirty (30) days. A fee as established by resolution of the city council shall accompany each reapplication. Section 6.04.180 Violations Declared A Nuisance. Any violation of this chapter is considered a nuisance and may be abated as such in the manner provided by Chapter 8.04 of this Municipal Code or by any other relevant law. The costs of abatement of the nuisance shall be recovered in accordance with the procedures described in Chapter 8.04 of this Municipal Code. Section 6.04.190 Enforcement. In accordance with section 836.5 of the California Penal Code, the civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this chapter to interfere with the animal control officer in the performance of his/her duties. G.8.a Packet Pg. 173 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 25 of 30 Section 6.04.200 Penalties. Violations of this chapter shall be punishable in accordance with Chapter 1.16 of the Grand Terrace Municipal Code.” G.8.a Packet Pg. 174 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 26 of 30 EXHIBIT 2 “Chapter 6.08 Animal Licensing and Vaccination 6.08.010 Dog license—Required. 6.08.020 Number of dogs permitted. 6.08.030 Dog license—Application. 6.08.040 Dog license—Fees. 6.08.050 Dog license—Penalty fee. 6.08.060 Dog license—Term. 6.08.070 Tag—Duplicate. 6.08.080 Tag—Wearing. 6.08.090 Tag—Falsification. 6.08.100 Tag—Unlawful use. 6.08.110 Dog license—Exemption from fee. 6.08.120 Dog license—Exempt dogs. 6.08.130 Dog license—Transfer of ownership. 6.08.140 Dog license—Renewal. 6.08.150 Licensing of Canine Hybrids. 6.08.160 Presentation of license. 6.08.170 Optional licensing of cats. 6.08.180 Unvaccinated dogs prohibited. 6.08.190 Vaccination standards. 6.08.200 Exemption from vaccination. 6.08.210 Right of entry. 6.08.220 Violations. Section 6.08.010 Dog license—Required. A. Every resident in the city who owns, has an interest in, harbors and feeds, or has the care, charge, custody or possession of a dog four months of age or over, and whether such dog is confined or not, shall obtain a dog license from the city for such a dog. B. Each dog shall have a current rabies vaccination as evidenced by a valid rabies vaccination certificate issued by the veterinarian who performed the vaccination as a prerequisite to licensing; provided, that a rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a city or county low-cost clinic. C. While a dog is being used as a guard dog within the city, it must have a dog license from the city and the license tag must be securely fixed to th e dog's collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction. G.8.a Packet Pg. 175 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 27 of 30 Section 6.08.020 Number of dogs permitted. It is unlawful for any person to harbor or keep on or at any lot, premises or place more than two (2) dogs which are four or more months of age. Section 6.08.030 Dog license—Application. An application for a dog license shall be submitted to the city and shall include a completed written application on a form approved by the city, which shall specify the name and address of the applicant and a description of the animal, along with the appropriate fee as adopted by city council resolution, which may be amended from time to time, and rabies certificate issued by a licensed veterinarian or a nti-rabies clinic showing a current vaccination. Section 6.08.040 Dog license—Fees. A. Each application for a dog license shall be accompanied by a license fee as established by city council resolution, provided such license is obtained: 1. During the regular licensing period, which is not later than January 31st of each year; 2. Within thirty days after the dog attains the age of four months; 3. Within thirty days after purchase or obtaining control, care or custody of a dog which previously attained the age of four months; and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or 4. Within thirty days after the date of establishing residency in the city provided further that the dog has a current license from another city or county and within fifteen days if the dog has no current license. B. Notwithstanding the provisions of subsection A of this section, and provided that subdivisions 2, 3 or 4 of that subsection are met, the license fee shall be reduced as established by the city council after July 1st of each year. License fees for new licenses will be reduced to half the annual fee if the application is submitted July 1st through December 31st. The annual fee is due for applications su bmitted prior to July 1st of each year. C. Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag, stamped with an identifying number. Tags shall be designed so that they may conveniently be fastened to the animal’s collar or harness. Section 6.08.050 Dog license—Penalty fee. Any person who obtains a license not in conformity with any of the provisions of Section 6.08.030 shall pay a penalty fee, as established by city council resolution, in addition to the regular license fee. G.8.a Packet Pg. 176 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 28 of 30 Section 6.08.060 Dog license—Term. A city dog license shall remain valid for a period of one calendar year, effective January 1st of each year through December 31st of the same year, or throughout the duration of the calendar year in which the license is issued. Section 6.08.070 Tag—Duplicate. When an original license tag is lost, a duplicate tag shall be obtained from the city. An applicant shall submit a completed application to the city on a form approved by the city. The cost of each duplicate tag shall be as established by city council resolution, which may be amended from time to time. Section 6.08.080 Tag—Wearing. It shall be the responsibility of every person who owns, harbors, cares for or has in custody a licensed dog within the city’s jurisdiction, to securely attach or fasten the license tag to the dog's collar or harness so that such tag is worn by the dog at all times except while such dog remains indoors or in any enclosed yard or pen where the dog cannot escape. Section 6.08.090 Tag—Falsification. It is unlawful for any person to place upon or attach to a dog any false, counterfeit or unauthorized tag for the purpose of evading the provisions of this chapter. Section 6.08.100 Tag—Unlawful use. A. It is unlawful to attach a license tag on a dog for which the tag was not originally issued. B. It is unlawful to attach a license tag to any dog that does not have a current rabies vaccination. C. It is unlawful for unauthorized person to remove from any dog, any collar or harness or other device to which is attached a city license tag for the current year or remove such tag therefrom. Section 6.08.110 Dog license—Exemption from fee. A. Subject to approval by city council resolution, the city may issue a license without payment of the required license fee to an owner or custodian of a guide dog and the owner is visually impaired and can submit proof that such dog has been successfully trained to lead a visually impaired person as a guide dog. Such exemption is good only while the dog is in possession of the visually impaired person. B. Dogs belonging to the police department and used for law enforcement activities shall be exempt from license fee payment. G.8.a Packet Pg. 177 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 29 of 30 Section 6.08.120 Dog license—Exempt dogs. A license is not required for the following categories of dogs, however, they must have a current rabies vaccination: A. Any dog within the city when the owner thereof resides in any municipali ty outside the city, and such dog is wearing or has attached to it a license tag for the current year issued by such municipality; B. Any dog owned by or in charge of any person who is a nonresident of the city and is traveling through the city or temporarily sojourn therein for a period of not exceeding thirty days; C. Any dog brought into the city and kept therein for a period not exceeding thirty days for the exclusive purpose of entering the same in any bench show or dog exhibition or field trials or competition; or D. Any dog brought or sent into the city from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hosp ital. Section 6.08.130 Dog license—Transfer of ownership. If, during the licensing year, a licensed dog is sold or title to the dog is otherwise transferred to a new owner, such new owner may apply to the city for a transfer of such dog's tag and license and pay a transfer fee as established by city council resolution. Upon receipt of such application fee the city shall issue a certificate of transfer of such tag and the name and addresses of the owner and new owners. Section 6.08.140 Dog license—Renewal. Each city dog license shall expire on December 31 of each year and shall be renewed prior to expiration or within a period of thirty days after expiration. The procedure for the renewal of such license shall be conducted in the same manner as the issuance of the original license. Section 6.08.150 Licensing of Canine Hybrids. A. Any rabies vaccination certificate issued for a vaccinated canine hybrid (i.e., wolf hybrid) must identify the animal as a "domestic-wild animal hybrid". B. The licensing fee for all canine hybrids shall conform with that of the city's domestic dog licensing program. Section 6.08.160 Presentation of license. Upon request of any animal control officer, peace officer or other agent of the city, an owner of a dog for which a license is required shall present to such officer a currently valid certificate of vaccination or license tag for such dogs. Section 6.08.170 Optional licensing of cats. G.8.a Packet Pg. 178 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 01247.0005/544204.3 Page 30 of 30 A. An owner of a cat may be issued a license, including microchip, for such cat upon presentation to the city of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon payment of a license fee of such amount as may be established from time to time by city council resolution. B. No more than two (2) cats are permitted per household. Section 6.08.180 Unvaccinated dogs prohibited It is unlawful for any person within the city to own, have an interest in, harbor and feed, or have the care, charge, custody or possession of a dog over the age of four months, whether such dog is confined or not, unless such dog has a current vaccination with rabies vaccine approved by the California State Department of Public Health and is officially licensed and tagged as provided for in this chapter. Section 6.08.190 Vaccination standards. The rabies vaccination shall be performed only by a veterinarian who is duly licensed to practice in the state of California. Section 6.08.200 Exemption from vaccination. Notwithstanding the provisions of this chapter, a dog may be exempted from rabies vaccination if such vaccination would jeopardize the health of such dog due to infirmity or other disability provided the owner has in his possession a written certification from a licensed veterinarian attesting to such infirmity o r disability. The owner or custodian of such dog shall, within ten days after the termination of such infirmity or disability, cause such dog to be vaccinated and licensed. Any such dog with infirmity or disability shall be securely confined within its own er's or harborer's premises so that it does not come in contact with any other animal or person. Section 6.08.210 Right of entry. Any person whose duty it is to enforce the provisions of this chapter may enter upon private property with the consent of the property owner, tenant or occupier, or by authority of a warrant, or without consent of a warrant if exigent circumstances exist. Section 6.08.220 Violations. Violations of this chapter shall be punished in accordance with Chapter 1.16 of the Grand Terrace Municipal Code.” G.8.a Packet Pg. 179 Attachment: Ordinance_Chapters 6.04 and 6.08 - Apr 4, 2019 [Revision 3] (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 1/10 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. Chapter 6.04 - ANIMAL CONTROL Sections: ARTICLE I. - GENERAL PROVISIONS 6.04.010 - Denitions. As used in this chapter: "Animal" means any mammal, poultry, bird, reptile, sh or any other dumb creature. "Animal control contractor" means any person duly appointed by the animal control contractor and authorized to act in his behalf in the enforcement of the animal and rabies control program. "Animal menagerie" means any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained or kept for hire. "Cat" includes all domesticated felines. "Dog" means any dog of any age, including female as well as male. "Animal control contractor" means the city animal control contractor or any other person duly authorized to act on his behalf. "Guard dog" means any dog used for the purpose of guard duty. "Impoundment" means the picking up of an animal by a duly authorized person and bringing the same into an animal shelter for connement, custody and disposition. "Livestock" includes all domesticated bovine, equine, caprine, ovine and porcine species. "Owner" means any person who owns an animal, or who harbors or keeps an animal for ve or more consecutive days. "Person" includes any person, rm, partnership, corporation, trust and any association of persons. "Pound" or "animal shelter" include all places where impounded animals are to be conned, whether by the city or by private persons or under contract or agreement with the city. "Unlicensed dog" means any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this code is not attached. "Vicious animal" means any animal which shows a propensity to attack, bite, scratch or harass people or other animals without provocation. "Wild animal" means any wild, exotic, dangerous or venomous animal, including but not limited to mammals, fowls, sh or reptiles. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.011) ARTICLE II. - IMPOUNDMENT 6.04.020 - Authorized generally. G.8.b Packet Pg. 180 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 2/10 A. 1. 2. 3. 4. 5. 6. 7. 8. B. C. D. A. B. The chief of police, the animal control contractor, all animal control ocers and assistant animal control ocers, and every poundkeeper, and also any person employed or designated for that purpose by the city council, are authorized and empowered to: Capture, receive, take up and impound: Any dog or other animal found running at large in violation of this code or of any law of the state, Any dog or other animal which is molesting any person, Any dog which is molesting or harassing animals, birds or pets upon the premises of any person, Any animal, including wild animals or birds, being kept or maintained within a person's premises in violation of this code or of any law of the state, Stray, unwanted or abandoned animals, Dogs which are unlicensed and unvaccinated in violation of this code, Animals delivered for disposition, after the owner has paid the required fee and released all title and interest in the animal by signing of the form provided by the animal control contractor for this purpose, Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy, litigation or other contingency, or in cases in which the owner or custodian cannot be found; Regularly and adequately feed, water and otherwise care for all dogs impounded under the provisions of this code, or to provide for such feeding and watering; Receive, take up and impound any sick or injured dog or cat whose owner is unknown or unidentied; to humanely destroy any such injured dog or cat when, in the opinion of the ocer or a licensed veterinarian, such destruction is necessary and humane; and to make proper disposition of such animal. Should an injured or destroyed dog be an identied dog, then the owner of the dog shall immediately be notied of its injury or destruction; Do and perform any other acts necessary to carry out the provisions of this code and the laws of the state relating to dogs. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(a)) 6.04.030 - Summary destruction. The ocer having custody of any impounded dog may, by humane methods, summarily destroy the same if: The dog is suering from any incurable or contagious disease as certied to by a licensed veterinarian and with approval from the chief, animal disease control branch; or It is an unlicensed vicious dog. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(b)) 6.04.040 - Authority to release. Any ocer having in his custody any unlicensed, impounded dog or cat not suering from any infectious or communicable disease may release the same to any adult person who will pay the pound fees and charges as established by the animal shelter contractor and, if a resident of the city, will also pay for rabies vaccination and license fees if it is a dog that G.8.b Packet Pg. 181 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 3/10 A. B. such resident of the city has bought. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(c)) 6.04.050 - Applicability to cats. All the provisions of this code pertaining to impounded, unlicensed dogs, except the licensing provisions thereof, shall apply to impounded cats. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(d)) 6.04.060 - Receipt from owners. The poundkeeper or any duly authorized person shall have the right to receive and dispose of dogs or cats delivered into his possession by the owners thereof and shall charge a specied fee for each dog, cat, puppy or kitten delivered into his custody. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(e)) 6.04.070 - Release to agencies. Any impounded animal which has not been redeemed or sold and would normally have been destroyed in accordance with this chapter may, upon payment, of the necessary fee, be released from the animal shelter to an agency which has been approved by the California State Department of Public Health, the animal control contractor and the chief of the animal control branch to obtain animals for medical research. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(f)) 6.04.080 - Euthanasia. Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia in accordance with state and city laws. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.012(g)) 6.04.090 - Redemption. An impounded dog may be redeemed by payment of a specied pound fee in addition to the daily charges and other charges, if any, for each day the dog has been impounded. Any dog over the age of four months which has been impounded shall not be released from the pound or any shelter which is under contract with the city, unless it is rst licensed in accordance with the provisions of this code. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.013(a), (b)) 6.04.100 - Notice to owner. Any ocer acting under the provisions of this code, and impounding a licensed dog, shall give notice in person or by mail to the last known address of the owner, of the impounding of such dog. If such dog is not redeemed and the owner or possessor does not pay the license fee, obtain a tag, and pay the fees required as specied in this code within three days or G.8.b Packet Pg. 182 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 4/10 A. B. C. D. E. A. B. seventy-two hours after notice has been given, the ocer shall dispose of such dog in accordance with the provisions of this code or shall destroy such dog. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.013(c)) 6.04.110 - Record. Each poundkeeper, animal control ocer or any other duly authorized person shall keep a record of all animals impounded by him, which record shall show: The date of impoundment; The license tag number, if any; A complete description of the animal; The date and manner of its disposal; and If redeemed or sold, the name and address of the person by whom redeemed or purchased, the amount of all fees and other moneys received or collected by him and the disposition of the moneys. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.014) ARTICLE III. - CARE AND CONTROL 6.04.120 - Disposition of dead animals. When any dog or other animal or fowl owned by or in the custody or control of any person or found in any person's private property dies, such person shall, within twenty-four hours, provide for the burial, incineration or other disposition of the body of such dead animal or fowl in a safe and sanitary manner. It is unlawful for any person to dispose of the body of such dead animal or fowl in any public or private property, other than his own, without proper authorization from the animal control contractor. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.015) 6.04.130 - Abandonment. It is unlawful to abandon any animal in the city. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.017) 6.04.140 - Permitting to run at large. No person in the city shall permit an animal to stray or run at large upon any public street, sidewalk, schoolground, public park, playground, place of public assembly or any other public place, or any unenclosed private lot or other unenclosed private place, or upon any private place or property without the consent of the owner or person in control thereof. Parkways comprising the area between the street and sidewalk shall be included as "private property" for the purposes of this section. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.018(c)) 6.04.150 - Holding animals in violation. G.8.b Packet Pg. 183 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 5/10 A. B. C. A. B. Any person who nds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this chapter may take possession of and hold the same; provided, however, that he shall notify the animal control contractor or animal control ocer or the chief of police of the fact that he has such animal in his possession, within four hours after securing possession thereof, and give such health ocer, animal control ocer or chief of police full information in regard to the same, including a complete description of such animal and license number, if any, and surrender the same to the animal control contractor or animal control ocer or chief of police upon demand. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.018(d)) 6.04.160 - Restraint and control of dogs o owner's_ premises. No person may lawfully bring his dog out of his premises or property unless: The dog is restrained by a substantial leash not to exceed six feet in length and is in the charge of a person competent to restrain such dog; or The dog is under immediate command control of its owner or some other person competent to restrain such dog; or The dog is properly restrained and enclosed in a car, cage or similar enclosure. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.018(e)) 6.04.170 - Impoundment of dogs running at large. Any dog found running at large, running loose or unrestrained may be impounded by the animal control contractor or animal control ocer or chief of police for a period of seventy-two hours. Any unclaimed dogs shall then be disposed of in accordance with Sections 6.04.090 and 6.04.100. There shall be a reclaiming fee for all impounded dogs, as established by the city council. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.018(f), (g)) 6.04.180 - Defecation or urination. A person having custody of any dog shall not permit either willfully or through failure to exercise due care or control, any such dog to defecate or urinate upon a public sidewalk, the oor of any common hall in any apartment house, hotel or other multiple dwelling, upon any entrance way, stairway or wall immediately abutting on a public sidewalk, or upon the oor of any theater, shop, store, oce building or other building used by the public. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.018(h)) 6.04.190 - Female dogs in breeding condition. It is unlawful for any person in the city to permit any female dog owned, harbored or controlled by him, when the female dog is in heat or in season or breeding condition, to be unconned and in such a manner that it attracts stray male dogs. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.019(a)) 6.04.200 - Unvaccinated puppies. G.8.b Packet Pg. 184 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 6/10 A. B. 1. 2. C. 1. D. E. F. All dogs under four months of age and until vaccinated shall be conned to the premises of or kept under physical restraint by the owner, keeper or harborer. Nothing in this chapter shall be construed to prevent the sale or transportation of a puppy younger than four months of age. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.019(b)) 6.04.210 - Vicious animals. Whenever an animal suspected of being vicious is reported, the animal control contractor shall investigate the circumstances, and if he nds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious animal, he shall notify the owner or harborer, if known, in writing, stating all of the facts and circumstances. A vicious or potentially dangerous dog, while on the owner or keeper's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A vicious or potentially dangerous animal may be o the owner or keeper's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult. If such restraint is impossible or impractical, the animal shall be impounded until the owner or harborer is able to comply with the animal control contractor's order. If upon receiving notication as provided in subsection A of this section, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the animal control contractor within a reasonable time, such owner or harborer shall be liable to prosecution for violation of this chapter and the animal or reptile shall be subject to summary destruction. "Enclosure" means a fence or structure suitable to prevent the entry of young children, which is suitable to conne a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597(t) of the Penal Code. "Hearing authority" means the advisory appeals board or such other person or entity designated by the city manager of the city to administer hearings pursuant to this chapter. If the animal's owner or harborer is unknown, then such animal shall be impounded, and if not claimed within three days, shall be destroyed. A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings, that the release of the dog would create a signicant threat to the public health, safety and welfare. If it is determined that a dog found to be vicious shall not be destroyed, the hearing authority or, if appealed, the court, shall impose conditions upon the ownership and keeping of the dog that protect the public health, safety and welfare. A guard dog of any business or rm which is not securely conned during hours the business or rm is open to the public and which jeopardizes or subjects to hazard any lawful patron or visitor of such business or rm, shall be subject to the provisions of this chapter. For purposes of this chapter, "vicious animal" means any animal which bites, attacks, inicts severe injury on or kills a human being or domestic animal, or in any way has a disposition or propensity to attack or bite. All vicious dogs and potentially dangerous dogs shall be properly licensed and vaccinated. The city shall include the vicious dog designation and potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing authority has determined the designation applies to the dog. The city and "contractor" may charge a vicious G.8.b Packet Pg. 185 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 7/10 G. H. A. B. C. D. dog fee or potentially dangerous dog fee, to be established and amended by the city and the "contractor" by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. The owner or keeper of a dog determined to be a vicious dog may be prohibited by the hearing authority, or if contested, the court, from owning, possessing, controlling or having custody of any dog for a period of up to three years, when it is found, after proceedings, that ownership or possession of a dog by that person would create a signicant threat to the public health, safety and welfare. If the dog in question dies, or is sold, transferred or permanently removed from the city, the owner or keeper of a vicious or potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0110) 6.04.220 - Beware-of-dog notice. Whenever the animal control contractor receives a report of a dog with a disposition or propensity to attack or bite any person or animal without provocation, he may order the owner to post and keep posted upon the premises where such dog is kept under restraint as provided in this chapter, a notice containing the words "Beware of Dog." Each letter of the notice shall not be less than two inches in height and the notice shall be displayed in plain and conspicuous view. Failure to obey such order in any respect as provided in this section shall render such owner liable to prosecution for violation of this chapter and shall render such vicious dog subject to summary destruction. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0111) 6.04.230 - Wild, exotic animals. No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic, dangerous or nondomestic animal without rst applying to and receiving special authorization from the health ocer. The keeping or maintenance of such animals shall also conform to the appropriate zoning codes as well as laws and regulations promulgated by the state and federal governments. The animal control contractor may authorize the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his opinion, any such animal may be kept or maintained without endangering the safety of any person, other animal or property, nor create a nuisance; provided, however, that the animal control contractor may require any such animal to be properly caged, tethered or restrained, and that he may create such additional requirements that may be necessary and proper under the circumstances; provided further, that any privately owned wild, exotic, dangerous or nondomestic animal shall require a license fee as established by the city council, the initial fee to be paid at the time of application. He may revoke such authorization when, in his opinion, the safety of any person, other animal or property is endangered or that a nuisance is created by the keeping of such animal. No person shall at any time harbor, own, voluntarily care for or have in custody any animal of any kind that is vicious, or any animal that in a threatening or annoying manner barks, snarls or menaces a person or persons within the city, or any animal that barks, howls or makes loud, annoying noises or sounds so that the same creates a serious menace to others in the immediate neighborhood to the detriment of the public health, safety or general welfare of persons in the neighborhood. The provisions of this section shall not be applicable to licensed circuses, carnivals, zoos or other collections of wild animals under jurisdiction of a city, state or federal government. G.8.b Packet Pg. 186 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 8/10 A. B. C. D. E. F. G. H. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0112) ARTICLE IV. - ANIMAL ESTABLISHMENTS OTHER THAN DOG KENNELS AND CATTERIES 6.04.240 - License required—Zoning compliance. No person shall, within the city, conduct or operate any pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility or animal menagerie, without rst obtaining a license from the animal control contractor. Any such establishment shall also conform to the appropriate zoning codes. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0113) 6.04.250 - Application for license. An application for a license to operate a pet shop, pet grooming parlor, public aquarium, petting zoo, wild animal breeding or boarding facility or animal menagerie, shall be made in writing to the animal control contractor. Not later than ten days after receipt of application by the animal control contractor, the facilities for which the license is requested will be examined by the animal control contractor. No license shall be issued or renewed unless and until all general regulations relating to animals as set forth by the animal control contractor, are complied with and after payment of an annual fee as established by the city council. Any building or structure used in the housing or maintaining of such animals shall be approved by the city building and safety department. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0114) 6.04.260 - Facilities and practices. Every person within the city who owns, conducts, manages or operates any animal establishment for which a license is required by this article shall comply with each of the following conditions: Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. All animals shall be supplied with sucient good, wholesome food and water as often as the feeding habits of the respective animals require. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. All reasonable precautions shall be taken to protect the public from the animals and animals from the public. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to physical needs of the animals. All animal rooms, cages and runs shall be of sucient size to provide adequate and proper housing for animals kept therein. All animal runs shall be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation. G.8.b Packet Pg. 187 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 9/10 I. J. K. L. A. B. A. All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the hea Every precaution shall be taken to avoid the production of nuisances and any hazard to the public health as a result of the presence of these wild, dangerous and/or exotic animals. Every violation of applicable regulations shall be corrected within a reasonable time to be specied by the animal control contractor. Failure of the applicant for the license to comply with any of the conditions set out in this section shall be deemed just cause for the denial of any license, whether original or renewal. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0115) 6.04.270 - Term of license. Any license issued under this article shall expire at the end of such scal year in which the license is issued. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0116) 6.04.280 - Renewal of license. The procedure for the renewal of any license shall be subject to the same conditions and shall be done in the same manner as the issuance of an original license. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0117) 6.04.290 - Revocation of license. The animal control contractor may revoke any license issued pursuant to this article whenever he determines from an inspection that any animal establishment fails to meet all conditions contained in Section 6.04.260 or for any other violation of this chapter. Any revocation of a license shall be eective until all conditions of Section 6.04.260 have been met and complied with to the satisfaction of the health ocer and written notice of this fact has been given to the licensee. Upon receipt of notice of compliance the license shall be deemed in full force and eect for the remainder of the original term for which issued. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0119) 6.04.300 - Nontransferability of license. Licenses issued pursuant to this article shall not be transferable, except when original property including the animal establishment within such property is sold by the owner to another party and provided further that such animal establishment remains within the connes of the original property. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0120) ARTICLE V. - ENFORCEMENT 6.04.310 - Inspections. The animal control contractor shall have the authority to enter upon any area or premises to enforce the G.8.b Packet Pg. 188 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 10/10 B. provisions of this chapter. The animal control ocer is authorized and empowered to arrest and issue notices to appear pursuant to the provisions of this chapter and with regard to violations of the Penal Code of the state pertaining to animals including violation of Section 597 of said code. The animal control ocer shall enforce the provisions of this chapter and is authorized to issue citations and to le complaints and to perform any act authorized pursuant to Chapter 5c and 5d of Part 2, Title 3 (commencing with Section 953.6) and Section 836.5 of said Penal Code of the state. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0118) 6.04.320 - Violation—Misdemeanor. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.16 of this code. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0121) G.8.b Packet Pg. 189 Attachment: Existing GT Ch 6.04 Animal Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 1/8 A. B. C. A. B. Chapter 6.08 - DOG LICENSING AND VACCINATION—RABIES CONTROL Sections: 6.08.010 - Animal bites. It is the duty of any person having knowledge that any animal subject to rabies, whether or not the animal is suspected of having rabies, has bitten any human being within the city to immediately report that fact to the animal control contractor or to the chief of police with full information in regard to the incident. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.021) 6.08.020 - Biting animals. Upon receipt of a report that a person has been bitten by an animal subject to rabies (all warm-blooded mammals), any person authorized to enforce the provisions of this chapter is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and to seize and impound if necessary, in a place and manner approved by the animal control contractor, any such animal for a period of ten days for dogs and cats and fourteen days for other animals. Excepted are rodents (members of the order Rodentia), rabbits and hares (members of the order Lagomorpha). Notwithstanding the provisions of subsection A of this section, the animal control contractor may authorize, with permission of the owner, if known, and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the uorescent rabies antibody (FRA) test in the county health department laboratory. It is unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this chapter, without the consent of the animal control contractor. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.022) 6.08.030 - Rabies suspects. It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to the animal control contractor. If such person is the owner or possessor or has custody of such animal, he shall immediately conne it and keep the animal strictly conned until it is established to the satisfaction of the ocer that such animal has or has not rabies. Where such owner or possessor does not have the proper facility for such connement, or G.8.c Packet Pg. 190 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 2/8 C. D. E. A. 1. 2. where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict connement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facility in a manner approved by the animal control contractor, and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies. If such animal creates a menace to the public health and safety, the animal control contractor or his representative may kill or destroy the animal forthwith and examine it for rabies in the laboratory using the uorescent rabies antibody (FRA) test in the county health department laboratory. Whenever any such owned biting animal is quarantined in a place other than the premises of the owner, all expenses incurred in its connement shall be the liability of the owner, possessor or custodian of such biting animal. The animal control contractor, county health ocer, and all law enforcement ocers for the city shall have the right to enter upon any private property for the purpose of ascertaining whether any dog, cat or similar type animals are kept or harbored in violation of the provisions hereof and particularly to determine whether any dog is aicted with rabies or hydrophobia or other dangerous disease. The animal control contractor shall have the right to seize any dog, cat or similar type animal within the city having or suspected to have rabies or hydrophobia, or other diseases or sickness and in the event the animal control contractor shall determine that such dog, cat or similar type animal is aicted with rabies or hydrophobia or dangerous disease or sickness, the animal shall be killed forthwith or as soon thereafter as same is determined by the animal control contractor, provided that if such animal shall be merely suspected of having rabies or hydrophobia, or other disease or sickness it may be conned by the animal control contractor for such time as the animal control contractor shall direct, and if the animal control contractor shall thereafter determine that the dog does not have rabies, or hydrophobia, or has a dangerous disease or sickness, it shall be returned to the owner upon payment by the owner of the actual cost to the city and/or animal shelter contractor for the care of the dog while it was kept in such connement pursuant to the direction of the animal control contractor. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.023) 6.08.040 - Exposure to rabid animals. Any animal that is subject to rabies which has been exposed to a known rabid animal or suspected rabid animal shall, upon notication of its owner, possessor or custodian, be: Immediately securely conned in a place and manner approved by the health ocer for a period of six months; or Immediately destroyed unless the biting animal is determined by laboratory examination to be negative from rabies; except that in the case of dogs and cats, the G.8.c Packet Pg. 191 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 3/8 a. B. C. D. following alternative is permitted: The dog or cat shall be revaccinated and then quarantined for a period of thirty days provided such dog or cat has been vaccinated not less than thirty days with a rabies vaccine approved by the California State Department of Public Health. The animal control contractor may, in his discretion, kill or quarantine the animal so bitten, in case the owner, possessor or custodian thereof fails to do so immediately, or in case the owner, possessor or custodian thereof is not readily accessible to animal control contractor. The carcass of any dead animal exposed to rabies wilt, upon demand, be surrendered to the animal control contractor. Upon the discretion of the animal control contractor, he shall order the examination of such animal for rabies specimens of high-risk or medium-risk animals involved in a biting incident. Specimens of low-risk animals may be examined upon payment of reasonable laboratory fees. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.024) 6.08.050 - Quarantine signs. It is the duty of any person authorized to enforce the provisions of this chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or conned to warn the public of this fact. It is unlawful for anyone to obstruct the posting of such a sign or to remove or destroy such a posted sign without permission of the animal control contractor. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.025) 6.08.060 - Skunks. It is unlawful for any person, rm or corporation to (A) trap or capture skunks for pets; (B) trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and (C) transport skunks from or into the city; except, that the importation or exportation of skunks may be permitted by animal control contractor for recognized zoological gardens or research institutions. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.026) 6.08.070 - Unvaccinated dogs prohibits. It is unlawful for any person within the city to own, have an interest in, harbor and fed, or have the care, charge, custody or possession of a dog over the age of four months, whether such dog is conned or not, unless such dog has a current vaccination with rabies vaccine approved by the California State Department G.8.c Packet Pg. 192 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 4/8 A. B. of Public Health and is ocially tagged as provided for in this chapter. The vaccines shall be used exclusively to vaccinate all dogs within the city. Vaccination with the vaccines shall be valid for a period not to exceed two years. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.027) 6.08.080 - Vaccination standards. The rabies vaccination shall be performed only by a veterinarian who is duly licensed to practice in the state. Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the city, the county or any incorporated city. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.028) 6.08.090 - Exemption from vaccination. Notwithstanding the provisions of this chapter, a dog may be exempted from rabies vaccination if such vaccination would jeopardize the health of such dog due to inrmity or other disability provided the owner has in his possession a written certication from a licensed veterinarian attesting to such inrmity or disability. The owner or custodian of such dog shall, within ten days after the termination of such inrmity or disability, cause such dog to be vaccinated and licensed. Any such dog with inrmity or disability shall be securely conned within its owner's or harborer's premises so that it does not come in contact with any other animal or person. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0212) 6.08.100 - Dog license—Required. Every resident in the city who owns, has an interest in, harbors and feeds, or has the care, charge, custody or possession of a dog four months of age or over, and whether such dog is conned or not, shall obtain a city dog license for such a dog. Each dog shall have a current rabies vaccination as evidenced by a valid rabies vaccination certicate issued by the veterinarian who performed the vaccination as a requisite to licensing; provided, that rabies vaccination certicate shall not be required if the license is obtained at the time the dog is vaccinated at a city or county low-cost clinic. While a dog is being used as a guard dog within the city, it must have a city dog license and the license tag must be securely xed to the dog's collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.029) 6.08.110 - Dog license—Application. G.8.c Packet Pg. 193 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 5/8 A. 1. 2. 3. 4. B. Each application for a license shall be in writing upon a form to be furnished by the animal control contractor, and shall contain such information as the animal control contractor, by rule or regulation, requires. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0210) 6.08.120 - Dog license—Fees. Each application for a dog license shall be accompanied by a license fee as established by the city council, provided such license is obtained: During the regular licensing period, which is not later than July 31st of each year; Within thirty days after the dog attains the age of four months; Within fteen days after purchase or obtaining control, care or custody of a dog which previously attained the age of four months; and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or Within thirty days after the date of establishing residency in the city provided further that the dog has a current license from another city or county and within fteen days if the dog has no current license. Notwithstanding the provisions of subsection A of this section, and provided that either subdivisions 2, 3 or 4 of that subsection are met, the license fee shall be reduced as established by the city council after July 1st of each year. License fees will be reduced to half the annual fee if the application is submitted July 1st through December 31st. The annual fee is due for applications submitted prior to July 1st of each year. Fees will not be pro-rated. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0211) 6.08.130 - Dog license—Penalty fee. Any person who obtains a license not in conformity with any of the provisions of Section 6.08.110 shall pay a penalty fee, as established by the city council, in addition to the regular license fee. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0213) 6.08.140 - Dog license—Term. The city dog license shall remain valid for a period of one scal year, eective January 1st of each year through December 31st of the same year, or throughout the duration of the calendar year in which the license is issued. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0214) G.8.c Packet Pg. 194 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 6/8 A. B. C. A. B. 6.08.150 - Tag—Duplicate. When the original license tag is lost, a duplicate tag shall be obtained upon submission to the city of such proof as he may require. The cost of each duplicate tag shall be as established by the city council. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0215) 6.08.160 - Tag—Wearing. It shall be the responsibility of every city resident who owns, harbors, cares for or has in custody a licensed dog, to securely attach or fasten the license tag to the dog's collar or harness so that such tag is worn by the dog at all times except while such dog remains indoors or in any enclosed yard or pen where the dog cannot escape. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0216) 6.08.170 - Tag—Falsication. It is unlawful for any person to place upon or attach to a dog any false, counterfeit or unauthorized tag for the purpose of evading the provisions of this chapter. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0217) 6.08.180 - Tag—Unlawful use. It is unlawful to attach a license tag on a dog for which the tag was not originally issued. It is unlawful to attach a license tag to any dog that does not have a current rabies vaccination. It is unlawful for unauthorized person to remove from any dog, any collar or harness or other device to which is attached a city license tag for the current year or remove such tag therefrom. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0218) 6.08.190 - Dog license—Exemption from fee. The city may, upon discretion, issue a license without payment of the required license fee to an owner or custodian of a dog, if such dog is a guide dog and the owner is blind and can submit proof that such dog has been successfully trained to lead the blind as a guide dog. Such exception is good only while the dog is in possession of the blind person. Dogs belonging to the police department and used for law enforcement activities shall be exempt from license fee payment. G.8.c Packet Pg. 195 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 7/8 A. B. C. D. E. F. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0219) 6.08.200 - Dog license—Exempt dogs. The license is not required for the following categories of dogs, however, they must have a current rabies vaccination: Any dog within the city when the owner thereof resides in any municipality within the city, and such dog is wearing or has attached to it a license tag for the current year issued by such municipality; Any dog owned by or in charge of any person who is a nonresident of the city and is traveling through the city or temporarily sojourn therein for a period of not exceeding thirty days; Any dog brought into the city and kept therein for a period not exceeding thirty days for the exclusive purpose of entering the same in any bench show or dog exhibition or eld trials or competition; Any dog brought or sent into the city from any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly conned within such hospital; Dogs kept for the sole purpose of being used for research in research institutions approved by the California State Department of Public Health; Dogs over four months of age which are oered for sale in a duly licensed pet shop or dog kennel. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0220) 6.08.210 - Dog license—Transfer of ownership. If, during the licensing year, a licensed dog is sold or title to the dog is otherwise transferred to a new owner, such new owner may apply to the city for a transfer of such dog's tag and license and pay a transfer fee as established by the city council. Upon receipt of such application fee the city shall issue a certicate of transfer of such tag and the name and addresses of the owner and new owners. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0221) 6.08.220 - Dog license—Renewal. Each city dog license shall expire on June 30th of each year and shall be renewed prior to expiration or within a period of thirty days after expiration. The procedure for the renewal of such license shall be done in the same manner as the issuance of the original license. G.8.c Packet Pg. 196 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) 5/20/2018 Grand Terrace, CA Code of Ordinances 8/8 (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0222) 6.08.230 - Right of entry. The animal control contractor, code enforcement ocer and any contracted law enforcement personnel-check to see if there should be any other entity listed here shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0223) 6.08.240 - Violation—Misdemeanor. Any person violating the provisions of this chapter is guilty of a misdemeanor and shall be punished as provided in Chapter 1.16 of this code. (Ord. 206 (part), 2003: Ord. 1 § 1(part), 1978: county code § 32.0224) G.8.c Packet Pg. 197 Attachment: Existing GT Ch 6.08 Dog Licensing and Vaccination-Rabies Control (Municipal Code Amendment - Chapter 6.04 and 6.08) AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: April 2019 Award of Community Benefit Funds in the Amount of $310.00 to the REC Center for 2019 Easter Egg Hunt Activity PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Approve the Community Benefit Fund (CBF) grant application for $310.00 for their 2019 Easter Egg Hunt Activity. 2030 VISION STATEMENT: This staff report supports the following City Council Goals: • Goal #1 - Ensure Our Fiscal Viability, through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations; and • Goal #4 – Develop and Implement Successful Partnerships through productive collaboration with community groups, youth programs and senior organizations. BACKGROUND: For the past three (3) fiscal years, the City Council has approved the use of $25,000.00 for the establishment of the Community Benefits Fund (CBF). The purpose of the Community Benefits Fund is to provide funding for local youth programs, community events, community fee waivers, and be used as an economic development tool for small business development in the City. Starting in FY2016-17, $5,000.00 has been designated for the Light Up Grand Terrace activities. Various youth and senior program activities have benefited from the Community Benefits Fund including the Foundation of Grand Terrace, the REC Center, several youth sports leagues, and the Friends of the Grand Terrace Library. Below is a summary of the grants awarded in the last three (3) fiscal years: Fiscal Year No. of Applications approved Approved Budget Amount Unused Balance FY2015-16 10 $25,000.00 $14,910.00 $10,090.00 FY2016-17 8 20,000.00 11,601.00 8,399.00 FY2017-18 8 20,000.00 15,432.00 4,568.00 26 $65,000.00 $41,943.00 $23,057.00 G.9 Packet Pg. 198 Attachment A provides additional detail as to the awarded organizations, and the amount awarded in each fiscal year. Of the unused balance of $23,057.00, City Council approved the re-allocation of $13,853.00 to be used for the 40th Anniversary Celebration activities. In FY2018-19, City Council approved $20,000.00 for the Community Benefits Fund and has approved the following applications thus far: No. Title Approved Amount 1. Friends of the GT Library $2,000.00 2. Grand Terrace High School Football Boosters $2,000.00 3. Grand Terrace High School Legacy Regiment Boosters $2,000.00 4. Sheriff’s Central Station Explorer Program $2,000.00 5. Grand Terrace Community Basketball $1,450.00 6. The REC Center Cheer Uniforms $1,245.00 7. Terrace View Elementary PTA $700.00 8. The REC Center Teen Advisory Council Leadership Training $1,545.00 $12,940.00 DISCUSSION: The City has received an application from the Resource, Education and Community (REC) Center (Attachment B). The REC Center is a non-profit public benefit organization dedicated to enriching communities by providing recreation, education and creative arts programs, especially in communities with limited resources. The organization has applied and has received the followin g community benefit grants: No. Title Approved Amount 1. Community Activity Guide (February-2016) $2,000.00 2. Special Event Permit Fee (March-2016) $310.00 3. Special Event Permit Fee (March-2017) $310.00 4. Cheer Uniforms (December-2018) $1,245.00 5. Teen Advisory Board – Leadership Training (March- 2019) $1,545.00 $5,410.00 G.9 Packet Pg. 199 Below summarizes the application submitted by the REC Center: Project Title: Easter Egg Hunt Activity Project Activity: The Easter Egg Hunt is an event open to the community to enjoy as well as seeing what the REC Center has to offer for both children and adults Public Purpose: The Easter Egg hunt activity will also be supported by vendors and performances from the REC Center classes. Amount Requested: $310.00 Utilization of Funds: Reimbursement for activity related fees RECOMMENDATION: Staff recommends that the City Council: 1. Approve the Community Benefit Fund (CBF) grant application for $310.00 to the REC Center for the Easter Egg Hunt Activity. Upon City Council approval, the applicant will comply with the following, if they have not already done so: 1. Issue the City of Grand Terrace an invoice for the grant amount; 2. Ensure that the City is mentioned/included as a sponsor in any material advertising the activity or event; 3. Complete a W -9 form for reporting purposes; and 4. Submit receipts within 30 days of the event/activity showing that the funds provided were used for their original intent. G.9 Packet Pg. 200 Attached is the REC Center’s completed application. FISCAL IMPACT: Funds in the amount of $20,000.00 have been approved for the program and established in the Community Benefits Fund (Fund 61). If approved, the table below will show the balances of each category remaining in the fund: FY2018-19 Community Benefits Fund Fund No. Acct. No. Account Title Approved Budget Awarded Grants Balance as of Feb- 2019 Proposed Grant Awards Revised Balance 61 461- 100 Youth/School Programs $10,000 ($6,150) $3,850 $0 $3,850 61 461- 200 Art, Business & Service Org. $8,000 ($6,790) $1,210 ($310) $900 61 461- 300 Other Community Requests $2,000 $0 $2,000 $0 $2,000 TOTAL $20,000 ($12,940) $7,060 ($310) $6,750 ATTACHMENTS: • CBF Grant Awards history 04-02-2019 (PDF) • CBF 2018-19-010 - The REC Center - Special Event Permit (Easter Egg Hunt) (PDF) APPROVALS: Cynthia A. Fortune Completed 04/03/2019 5:39 PM Finance Completed 04/03/2019 5:39 PM City Attorney Completed 04/03/2019 6:43 PM City Manager Completed 04/03/2019 7:17 PM City Council Pending 04/09/2019 6:00 PM G.9 Packet Pg. 201 Title 2015-16 2016-17 2017-18 2018-19 TOTAL 2018-19 TOTAL as of Mar-2019 AWARDED Proposed in Apr-2019 YOUTH / SCHOOL ORGANIZATIONS Grand Terrace Community Basketball 1,500.00$ -$ -$ 1,450.00$ 2,950.00$ -$ 2,950.00$ Grand Terrace High School Football Boosters - - - 2,000.00 2,000.00 - 2,000.00 Grand Terrace High School Legacy Regiment Boosters - - - 2,000.00 2,000.00 - 2,000.00 Grand Terrace High School Volleyball Boosters - - 2,000.00 - 2,000.00 - 2,000.00 Grand Terrace Little League 2,000.00 - 4,000.00 - 6,000.00 - 6,000.00 Grand Terrace Youth Football & Cheer 2,000.00 2,000.00 2,000.00 - 6,000.00 - 6,000.00 Terrace View Elementary PTA 1,000.00 671.00 1,517.00 700.00 3,888.00 - 3,888.00 6,500.00$ 2,671.00$ 9,517.00$ 6,150.00$ 24,838.00$ -$ 24,838.00$ NON-PROFIT / SERVICE ORGANIZATIONS American Cancer Society -$ -$ 2,000.00$ -$ 2,000.00$ -$ 2,000.00$ Drug Alternative Program - 2,000.00 - - 2,000.00 - 2,000.00 Foundation of Grand Terrace 2,350.00 2,000.00 1,915.00 - 6,265.00 - 6,265.00 Friends of Grand Terrace Library 3,750.00 2,000.00 2,000.00 2,000.00 9,750.00 - 9,750.00 Grand Terrace Lions Club - 620.00 - - 620.00 - 620.00 Sheriff’s Central Station Explorer Program - - - 2,000.00 2,000.00 - 2,000.00 The REC Center 2,310.00 310.00 - 2,790.00 5,410.00 310.00 5,720.00 8,410.00$ 6,930.00$ 5,915.00$ 6,790.00$ 28,045.00$ 310.00$ 28,355.00$ BUSINESS / OTHER Sycamore Mobile Home Park -$ 2,000.00$ -$ -$ 2,000.00$ -$ 2,000.00$ - - - - - - - - - - - - - - -$ 2,000.00$ -$ -$ 2,000.00$ -$ 2,000.00$ TOTAL 14,910.00$ 11,601.00$ 15,432.00$ 12,940.00$ 54,883.00$ 310.00$ 55,193.00$ City of Grand Terrace Community Benefit Grant Awards GRANT AWARD HISTORY as of March 31, 2019 and Proposed Applications for Apr-2019 G.9.a Packet Pg. 202 Attachment: CBF Grant Awards history 04-02-2019 (April 2019 Award of Community Benefit Funds) G.9.bPacket Pg. 203Attachment: CBF 2018-19-010 - The REC Center - Special Event Permit (Easter Egg Hunt) (April 2019 Award of Community Benefit Funds) G.9.bPacket Pg. 204Attachment: CBF 2018-19-010 - The REC Center - Special Event Permit (Easter Egg Hunt) (April 2019 Award of Community Benefit Funds) AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: Professional Services Agreement with KTUA to Prepare the Grand Terrace Active Transportation Plan and Appropriation of Bond Funds Therefore PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: 1. Approve a Professional Services Contract with KTUA in the amount of $74,509.00 for preparation of the Michigan Street Walkability/Complete Street Plan, subject to City Attorney approval as to form; and 2. Authorize the City Manager to Execute the Contract, subject to City Attorney approval as to form; and 3. Appropriate $74,509.00 from the General Fund 2011 Bond Proceeds Balance to Account No. 10 -955-800-xxx for KTUA - Michigan Street Walkability/Complete Street Plan; and 4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE MICHIGAN STREET WALKABILITY/COMPLETE STREET PLAN. 2030 VISION STATEMENT: This staff report supports Our Vision that “Grand Terrace is an exceptionally safe and well managed City, …a place where residents can enjoy an outstanding quality of life that fosters prides and an engaged community, encouraging families to come and remain for generations”. The Michigan Street Walkability/Complete Street Plan will re- design the buildout of Michigan Street as a multi-modal street for pedestrian, bicyclist and motorist. BACKGROUND: On October 9, 2018, the City Council approved a list of priority projects fo r the use of the 15% allocation of the 2011 bond proceeds as a result of the dissolution of the Redevelopment Agency. The list approved the use of bond proceeds in the amount of $75,000 for the preparation of the Michigan Street Walkability/Complete Street Plan. On February 7, 2019, City Staff distributed a Request for Proposals (RFP) for the Michigan Street Walkability/Complete Street Plan to 11 professional consulting firms in the areas of planning, transportation planning, and engineering. An additional three firms contacted Staff regarding the RFP. An Addendum was sent out on February 18, G.10 Packet Pg. 205 2019 to respond to questions received and provide additional clarity to the scope of work. The RFP identified that Michigan Street from Barton Road to Main Street has been the City’s north-south roadway on the City’s west end and is heavily traveled by motorist and high school students. It identified that with the extension of Commerce Way to Main Street, traffic from Michigan Street to Commerce Way. The Scope of Work requested proposals from qualified consultants to create a Michigan Street Walkability - Complete Street Plan whereby the City envisions continuous sidewalks, parkway landscaping, bike lanes, lighting, street furniture, corner bulb -outs, bioswales for drainage and possibly narrowing of roadway lanes. The Scope of Work placed on emphasis on community input in the design and incudes two workshops, in addition to presentation to the City Council. DISCUSSION: Responses to the RFP were due on February 27, 20 19 and six proposals were received from the firms listed below. Proposers KTUA Landmark Consulting Ludwig Engineering Steer TKE Engineering Transtech Engineering The six proposals were rated and KTUA was rated the highest. KTUA provides services in the areas of landscape architecture, transportation planning, community planning, resource management and visualization practices. KTUA’s proposal demonstrated a robust outreach effort, necessary for the project, and has experience in complete streets projects. The work product also includes fly-through 3-D modeling of the conceptual plan. KTUA’s cost proposal for the service is $74,509. FISCAL IMPACT: On October 9, 2018, the City Council approved a Priority Project List for the Use of Bond Proceeds, which prioritized the preparation of the Barton Road Streetscape Plan. G.10 Packet Pg. 206 Staff is recommending that City Council approve the appropriation of $74,509 from the General Fund 2011 Bond Proceeds, for the Michigan Walkable Street Plan as shown below: City of Grand Terrace Use of Approved 2011A Bond Proceeds (20%) Amount Bond Proceeds as approved by the Department of Finance (20%) 5% of proceeds $289,015 15% of proceeds $2,026,585 Total Authorized $2,315,600 Completed Projects: 10-955-705 Dog Park $50,000 10-955-706 Playground Resurfacing - Child Care Facility $26,826 10-955-707 Traffic Signal Lighting $23,200 10-955-708 Tree Replacement $15,282 10-955-709 Playground Resurfacing - Rollins Park $116,064 10-955-710 Sidewalk Repair $19,818 10-955-800-101 ALPR Cameras $142,147 10-955-800-102 Woody's Classic Grill Incentive Agreement $50,000 $443,337 Balance as of 12-31-2018 $1,872,263 Approved Projects: 10-955-800-103 Architecture & Planning Svcs (KTGY) $18,500 10-955-800-104 Purchase of Housing Authority Property $665,000 10-955-800-105 Mount Vernon Slope (grant writing services) $20,000 $703,500 Balance $1,168,763 Other City Council-Approved Priority Projects Mount Vernon Slope $580,000 Sidewalk & Storm Drains on Michigan $300,000 Proposed 4/9/19 Michigan Walkable Street Plan (KTUA) $74,509 Proposed 4/9/19 Barton Road Streetscape Plan (KTUA) $60,000 Barton Road Business Sign Program $100,000 $1,114,509 NET $54,254 ATTACHMENTS: • KTUA Grand Terrace Michigan St-Complete Street (PDF) • KTUA Cost Proposal (PDF) • Resolution Use of Bond Proceeds-Michigan Complete Street (DOCX) G.10 Packet Pg. 207 • Michigan Street Consultant List (PDF) • GT KTUA Michigan Street - Contract (PDF) APPROVALS: Sandra Molina Completed 03/27/2019 11:32 AM City Attorney Completed 04/03/2019 2:25 PM Finance Completed 04/03/2019 3:55 PM City Manager Completed 04/03/2019 7:20 PM City Council Pending 04/09/2019 6:00 PM G.10 Packet Pg. 208 CITY OF GRAND TERRACE MICHIGAN STREET WALKABILITY/COMPLETE STREET PLAN PROPOSAL | FEBRUARY 27, 2019 Michigan Street, Grand Terrace G.10.a Packet Pg. 209 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) Contents 1 Cover Page and Introduction Cover Letter and Understanding Scope of Services . . . . . . . . . . . . . .3 Identification of Prime and Subconsultants . . . . . . . . . . . . . . . . . . . . .3 Acknowledgment of Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Nondiscrimination Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Conflict of Interest Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 2 Methodology and Approach to Communication Exceeding the Scope of Work and Special Considerations . . . . . . . .5 Approach to Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Experience and Qualifications KTUA Firm Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Knowledge of City, County and State Laws Related to Scope . . . . .9 List of Recently Completed Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 KTUA Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Subconsultant Profiles and Project Experience . . . . . . . . . . . . . . . . .13 Team Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 KTUA Key Personnel Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Subconsultant Key Personnel Resumes . . . . . . . . . . . . . . . . . . . . . . . .19 4 Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 5 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 6 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 7 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(sealed envelope) G.10.a Packet Pg. 210 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) February 27, 2019 Ms. Sandra Molina Director of Planning and Development Services 22795 Barton Road Grand Terrace, CA 92313-5295 Dear Ms. Molina and Members of the Consultant Selection Committee, Safe Streets Matter: They are critical in supporting adjacent land uses, setting urban form, providing areas for social interaction, and accommodating multiple mobility options. A safe and walkable street that is desired to be more than a throughput road still must move vehicles smoothly and efficiently, and it needs to provide the visual cues and elements that will make the speed and movements safe for bicyclists, pedestrians and transit users. Streets with lighting, multiple crossings, buffers, and appropriate traffic calming elements can all combine to create safer streets. Green Streets Matter: Natural and green amenities such as street trees and plant materials can all help to cre- ate a comfortable walking environment, provide buffers from adjacent traffic, and serve to lower temperatures, protect from inclement weather, and contribute to carbon sequestration by providing shade for urban heat island reduction. Blue Streets Matter: Streetscape amenities can be integrated with stormwater improvements for a functional and aesthetically pleasing street which can reduce runoff as well as cleanse the water and utilize runoff for benefi- cial urban uses. These are the foundational elements of complete streets and the goals for Michigan Street. KTUA has been a major player in complete streets projects throughout Southern California. Although the company is nearly 50 years old, the last two decades we have focused on streets and what they mean for our communities. By combining our landscape architecture streetscape experience and complete street planning and design expe- rience, we have the in-house capabilities and passion to help make a difference. We recognize that some of the scope items will require the review and attention of a licensed traffic engineer. We collaborated with Linscott Law & Greenspan (LLG) on the City’s Active Transportation Plan and will provide that continuity for Michigan Street. Our team has worked together on several projects over the last decade, including the Barton Road/Mt Vernon concep- tual designs for the Cycle 4 ATP grant, Telephone Avenue in Chino, and Main Street Complete Street in Chula Vista. Identification of Consultant and Subconsultant: As associate principal planner at KTUA, I will serve as the project manager. Juan Alberto Bonilla will serve as assistant project manager and has extensive land use and transportation design experience. Jacob Leon will be responsible for outreach coordination and Tim Henderson will oversee landscape architectural concepts. Additional KTUA planning staff Alex Samarin, Silvia Fang and Jorge Nozot will contribute GIS analysis and 3D modeling support. Keil Maberry and Trissa de Jesus Allen of LLG will provide traffic engineering and transportation planning support. G.10.a Packet Pg. 211 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 4 Another major focus for KTUA over the last five years has been on writing and preparing complete street plans and refined concepts to support planning and construction grants. These include Sustainable Community Grants and Active Transportation Grants from CALTRANS, Smart Growth and ATP Grants from SANDAG, Urban Greening Grants from the Strategic Growth Council, and other health and safety grants that support complete streets, urban greening, and community redevelopment. We not only prepare these grants, but we help to implement them. Complete streets and active transportation plans prepared by KTUA have resulted in nearly $28 million in imple- mentation funding for our clients. The Michigan Street Walkability/Complete Street Plan will strive to equitably address all modes of transportation through an outreach program while incorporating placemaking and green infrastructure. Facility types and design interventions will be developed to encourage multimodal mobility while supporting the need for stormwater management. In our proposal, we have developed an approach that meets the City’s scope of work and grant requirements, and provides added value items to enhance the project. We look forward to talking with you in greater detail and getting started on this exciting and challenging set of work products. PROPOSAL REQUIREMENTS Terms: This proposal is valid for a period of 90 days from February 27, 2019. Addenda: KTUA acknowledges receipt of addendum #2 dated 2/19/19 and corrected addendum #2 dated 2/20/19. (Addendum #1 was not issued.) Nondiscrimination Certification: KTUA certifies under penalty of perjury that KTUA complies with nondiscrimination requirements of the City of Grand Terrace and the State of California. Conflict of Interest Statement: KTUA does not have any financial, business or other relationship with the City that may have an impact upon the outcome of this contract. Respectfully submitted, Joe Punsalan Associate Principal KTUA PRIMARY CONTACT INFORMATION Joe Punsalan, Associate Principal 3916 Normal Street, San Diego, CA 92103 t: (619) 294-4477 x127; f: (619) 294-9965 joe@ktua.com G.10.a Packet Pg. 212 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 5 02 | METhODOlOGY | Exceeding the Scope of Work and Approach to Communications EXCEEDING THE SCOPE OF WORK AND SPECIAL CONSIDERATIONS Alternatives which enhance services, reduce costs and speed delivery/approvals KTUA typically offers work products that exceed those produced by our competitors. In this sense, the effort is “value added”, meaning that we go beyond the mini- mum effort to accomplish a scope item by improving legibility and clarity in the proposed concept. This is ev- ident with our graphic production using 3D models to show cross sections, obliques, and site plan views. They have enough detail to be realistic and contextual with the setting, which is key during community workshops. This “above and beyond” work product does not cost the project more money since we will cover all scope items for the listed budget amount. Interactive workshops are also key components to garner public support and expedite conceptual design. By providing group activities in workshops, participants are able to talk to their neighbors and discuss relatable issues together, bringing consensus on recommenda- tions. Since completing the City’s Active Transportation Plan, KTUA already has most of the data needed in- house to expedite general data collection and existing conditions. In addition, KTUA will conduct traffic counts to get baseline information to not only help with rec- ommendations, but to assist with grant requirements. APPROACH TO COMMUNICATION Due to the expedited time frame for this project, communication will be key to schedule and announce the workshops and deliver products in a timely man- ner. Recently, KTUA completed a similar project in the City of Vista with multiple workshops and corridors in a five-month timeframe. This project was successful in acquiring ATP Cycle 4 funds and support from local residents. KTUA has proposed regular conference calls to coordinate outreach and in-person meetings to go over preliminary and final designs. KTUA also has webinar capabilities to expedite the review process and conduct additional meetings. For community engagement, KTUA will utilize the stakeholder and ATP participant database, including City officials, to announce the workshop and encour- age participation. In addition, KTUA will provide the schools with flyers and work with stakeholders to announce the workshops. As mentioned previously in the “Exceeding Scope of Work”, KTUA communicates engineering and streetscape concepts in a graphic format to be easily understood by the general public. This helps people to not only understand the project, but the possible recommendations to improve their street. This quality work product was highly successful when presenting the Active Transportation Plan to City Council multiple times. KTUA also recommends a 3D fly-through model to show at City Council to highlight the proposed changes to the street and the commu- nity engagement that helped shape the proposed improvements. English and Spanish outreach graphics from the City of Grand Terrace Active Transportation Plan. Help Us Make Walking and BikingBETTER IN GRAND TERRACE Have you ever asked yourself “What would make me walk or bike more?” If you have, now is your chance to make your voice heard! The Grand Terrace Active Transportation Plan will guide creating safe, enjoyable and convenient walking and biking options to schools, parks, and other places you want to go to. With your help, we can make walking and biking in Grand Terrace a top choice! Wide Sidewalks Safe DrivingBike Lanes Street Trees To stay involved with the project, please visit: http://www.grandterrace-ca.gov/ For more information please contact: Sandra Molina Planning and Development Services Director smolina@grandterrace-ca.gov 22795 Barton Rd. Grand Terrace, CA 92313 Ph: 909-824-6621 ext. 225 Tell Us What You Think and You Could Win a $100 Gift Card! We want to hear from you! Take our online survey today and be automatically entered into a drawing to win a $100 gift card! https://www.surveymonkey.com/r/GrandTerraceATPSafeWalkingSafeBikingSafeRoutestoSchoolAyúdenos a que caminar y andar en bicicletaSEA FÁCIL EN GRAND TERRACE ¿Alguna vez se ha preguntado qué le haría caminar o andar en bicicleta más seguido? De ser así, ¡ahora es su oportunidad para ser escuchado! El Plan de Transporte Activo de Grand Terrace ofrecerá una guía para crear opciones más seguras, agradables y convenientes para caminar y andar en bicicleta. ¡Con su ayuda podemos hacer que caminar y andar en bicicleta sea una mejor opción en Grand Terrace! ¡Díganos lo que piensa y podría ganar una tarjeta de regalo de $100! ¡Queremos saber más de usted! ¡Llene nuestra encuesta en línea hoy y entre automáticamente en un sorteo para ganar una tarjeta de regalo de $100! https://www.surveymonkey.com/r/GrandTerraceATP Banquetas anchas Conducción seguraCarriles para bicicleta Árboles Para mantenerse informado, por favor visite: http://www.grandterrace-ca.gov/ Para más información contacte a: Sandra Molina Planning and Development Services Director smolina@grandterrace-ca.gov 22795 Barton Rd. Grand Terrace, CA 92313 Tel: 909-824-6621 ext. 225 Andare n biciseg ur oCa m in a r segur oRutasseg u r as alae s c uelaG.10.a Packet Pg. 213 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 6 02 | METhODOlOGY | Scope of Work TASK 1: PROJECT MANAGEMENT 1.1 Kick-off Meeting Once the notice to proceed has been issued, a kick-off meeting will be organized to refine the work plan, dis- cuss community engagement, and clarify data needs. KTUA will develop the agenda and meeting minutes. 1.2 Coordination Meetings KTUA will schedule up to three meetings with the City to discuss project status, community outreach, and conceptual design. Depending on the topic, these meetings can be conducted as conference calls. Con- ceptual design meetings will be in person and may include a site visit with City staff. Additional meetings and conference calls will be conducted as needed. Deliverables: Meeting agendas, meeting minutes TASK 2: EXISTING CONDITIONS AND DATA COLLECTION 2.1 Data Collection The KTUA team will work with the City and other sourc- es to collect and organize available existing conditions data, including traffic volumes and roadway capacity, mode share, land use/destinations, demographics (e.g. walking, biking, age, income, etc.), and pedestrian and bicycle crash data, if updated since the completion of the ATP. KTUA already has many of the datasets avail- able to expedite this task. As part of initial data collection, KTUA will evaluate if there is critical data missing and will work with the City to collect such data. Field surveys will also be conduct- ed to review and record existing conditions to identify any unusual or special conditions that may affect im- plementation and will build upon data already collect- ed as part of the ATP. The data collected will be com- piled into GIS maps and a report that may include but not limited to: right-of-way, parking conditions, existing pedestrian facilities, safety analysis, lighting conditions and existing utilities. 2.2 Traffic Counts To better understand vehicular, pedestrian and bicycle volumes, counts will be conducted in the early stages of the project to help inform recommendations. Team member LLG, will compile available traffic counts and will coordinate collection of the following new counts: ‚Weekday AM and PM peak hour turning movement counts at DeBerry Street, Van Buren Street, Pico Street, and Main Street. Deliverables: Existing conditions report, traffic count summary TASK 3: COMMUNITY ENGAGEMENT 3.1 Outreach to Neighbors and Stakeholders Understanding that grant applications now require ex- tensive community engagement, KTUA will work with the City to reach out to the residents along Michigan Street. We will coordinate with Syreeta Afadonis at Grand Terrace High School to distribute flyers to stu- dents at Grand Terrace High School. In addition, KTUA will work with the City to mail out flyers or distribute flyers at homes along Michigan Street and adjacent streets to announce the first workshop. The second workshop will be announced at the first workshop unless determined at the kick-off meeting. Announce- ments will also be posted on the City’s website and an eblast will be sent to the stakeholders and participants from the Active Transportation Plan. Key Messages The focus of this planning effort is to address the multi-modal challenges of these corridors such as safety, traffic calming, non-motorized connectivity, and accessibility to neighborhood destinations. The follow- ing key messages will be shared with the community members and stakeholders so that expectations and outcomes are clear and understood: ‚What is your primary mode of transportation through these corridors and what improvements would you like to see? ‚What kinds of challenges are you currently experiencing that make it difficult and unsafe to travel throughout the corridor? For these workshops, the team will prepare materials such as an introductory presentation, large scale aerial photo maps, and informative graphics. All materials will be prepared in English and Spanish. G.10.a Packet Pg. 214 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 7 02 | METhODOlOGY | Scope of Work 3.2 Workshop #1 An interactive workshop format will be used for the first workshop to listen and gather feedback on issues and solutions along Michigan Street. This format will allow the team to successfully collect the necessary feedback to meet the project’s goals. The following highlights the workshop format, which is subject to revisions based on City input. ‚A 10 to 15-minute presentation. We typically start ten minutes into the workshop to account for people signing in, snacks, etc. ‚Exhibits and tables will be available for comments and input. Participants will be broken out into tables for two exercises. The first exercise will be to identify the issues and opportunities along the corridor and mark them on the map and summary sheets. Each group will then report back to the group on their top concerns. The second exercise will consist of design- ing the corridor to mitigate those concerns. Each table will work together to solve common concerns, then report back to the group on their final recom- mendations. This method has been highly effective in gaining consensus on recommendations and bring- ing neighbors together for a common goal. 3.3 Workshop #2 The second workshop will consist of an open house setting where participants can review the Michigan Street concepts at their leisure. This also allows one-on- one dialogue with the KTUA team and City staff. Large table maps will be provided for participants to com- ment and provide final input. Depending on the first workshop turnout, another option is to hold this last workshop as part of Community Day in June. This was a very successful event when conducting workshops as part of the ATP. City officials were able to take part in the ATP workshop. Deliverables: Community engagement plan, workshop and website materials, sign-in sheets, workshop flyers TASK 4: PRELIMINARY AND FINAL DESIGN 4.1 Schematic Design Prior to the first workshop, a schematic design (10%) for Michigan Street will begin with input from the City due to the expedited schedule. This will provide the team direction for the final conceptual design, which can be taken to a 30% design similar to the Mt. Vernon/Barton Road ATP Cycle 4 grant application. 4.2 Draft and Final Conceptual Design The KTUA team will prepare the 30% draft conceptu- al plan and/or alternatives and cross-sections based on the results of the 10% design and first community workshop. These will then be presented at the second workshop for final community input. Once comments have been compiled, vetted, and any changes ap- proved, the final conceptual design will be completed. For Michigan Street to be a vibrant and attractive street, not only will complete street amenities help with accessibility, walkability, and bikeability, especially with nearby Grand Terrace High School, aesthetics will also play a major role. With landscape architects in-house, KTUA can provide streetscape, stormwater retention, lighting, and parkway landscaping recommendations while making allowances for storm drain improvements for a successful streetscape project. Placemaking is a key objective and will be the focus during the prepara- tion of the streetscape recommendations. In addition, KTUA will provide a Green Street Toolbox that will identify the various options for urban greening ele- ments such as trees, planting, and hardscape materials. Drought-tolerant planting plans and other sustainable methods will be explored to keep infrastructure and maintenance costs down. KTUA communicates potentially complex issues through informative graphics such as large-scale aerial photo maps and 3D models. Many of these graphic examples have been compiled for other projects, which will allow the team to devote time to the specifics of this project instead of preparing materials for general communication. This includes 3D cross sections which will be developed on a segment-by-segment basis. G.10.a Packet Pg. 215 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 8 02 | METhODOlOGY | Exceeding the Scope of Work and Approach to Communication 4.3 Cost Estimates Upon completion of the final design, LLG and KTUA will develop cost estimates using Caltrans latest format from the Cycle 4 ATP program. Depending on the proj- ect and its needs, cost estimates will include improve- ments such as painted lane treatments, intersection controls, and additional signage, for examples. Deliverables: Schematic designs (10%), draft and final conceptual plans (30%), 3D cross-sections and cost estimates TASK 5: DRAFT AND FINAL PLAN 5.1 Draft and Final Plan A draft and final plan will be developed to compile all the community engagement, existing conditions and draft and final conceptual plans. This draft and final plan will have the necessary background information to support Michigan Street’s integration into the City’s CIP list and/or grant funding. An implementation plan will be included to include short term (3 year) and long term (5 year) implementation timeframes for Michigan Street. The implementation process may include: ‚Proposing a phasing strategy to implement projects incrementally ‚Identifying high priority phases that should be imple- mented first ‚Identifying existing infrastructure projects already ap- proved to incorporate active transportation facilities ‚Prioritizing the remaining projects to be built after high priority projects are completed 5.2 3D Fly-through Video As an added value, KTUA can develop an fly-through video of the final conceptual corridor for City Council presentation and use for any future planning and pro- motional complete street efforts. 5.3 City Council Presentation KTUA will prepare a presentation and present the final conceptual plan to City Council. Deliverables: Draft and final plan, fly-through video, City Council presentation 01 02 03 04 05 06 Prepare Outreach Plan »Project Branding Existing Conditions Analysis »Data Collection »Traffic Counts Preliminary Design »Opportunities and Constraints »Schematic Design Workshop #1 Project Kick-Off Start Begin announcing workshop Begin announcing workshop Workshop #2 Develop Preliminary Engineering Drawings »Cost Estimates Final Design »Refine Design Concepts »Finalize Cost Estimates Final Plan »Final Report »3D Fly-through Video »City Council Presentation Michigan Street Project Methodology. G.10.a Packet Pg. 216 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 9 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Profile YEAR FOUNDED ‚‚1970 ORGANIZATIONAL STRUCTURE ‚‚California Corporation NUMBER OF OFFICES/LOCATION ‚‚1 (San Diego) ‚‚3916 Normal Street ‚‚San Diego, CA 92103 ‚‚619 294-4477 EMPLOYEES - 38 ‚‚12 Landscape Architects ‚‚10 Planners ‚‚2 Transportation Planners ‚‚6 Landscape Designers ‚‚1 Irrigation Designer ‚‚3 GIS Analysts ‚‚1 Graphic Designer ‚‚3 Accounting CERTIFICATIONS ‚‚Small Business Enterprise (Metro & California Dept. of General Services) PLANNING SERVICES ‚‚Land Use | Transportation Planning ‚‚Active Transportation Planning ‚‚Resource Planning ‚‚Federal Planning LANDSCAPE ARCHITECTURE SERVICES ‚‚Civic and Public Works ‚‚Parks and Recreation ‚‚Healthcare ‚‚Education ‚‚Housing ‚‚Hospitality ‚‚Office and Commercial SUPPORT SERVICES ‚‚Public Outreach ‚‚GIS ‚‚3D Modeling and Simulations ‚‚Sustainable Design ‚‚Water Management ‚‚Grant Writing Community health concerns, air quality issues, climate change and ever-in- creasing energy costs are among the many factors driving the desire for more sustainable growth. An important component of this vision is planning that embraces complete streets. Whether achieved through the implemen- tation of smart growth principles, traffic calming, universal access, or more consistent integration of pedestrian and bicycle facilities within our rights-of- way, the technical challenges must be met by making our streets and com- munities complete and accessible to all users. KTUA brings together land use planners, transportation planners, sustainability experts, landscape architects, GIS analysts, outreach facilitators and graphic de- signers to focus on creating livable communities with mobility choices. KTUA has expanded the boundaries of a traditional planning and landscape architec- ture office by incorporating active transportation, land use and transportation planning and resource planning practices into our portfolio. This diversity pro- vides KTUA the ability to shape the big picture while addressing the fine-grain details that contribute to sustainable natural and built environments. COMPLETE STREETS/SAFE ROUTES EXPERIENCE: KTUA provides planning and design services for projects requiring the inte- gration of urban design and transportation, including pedestrian, bicycle, trail and transit facilities. Project types include active transportation plans, corridor master plans, alignment alternatives, design feasibility, safety evaluation, land use scenarios, urban design guidelines, sustainability best practices, active transportation strategies, transportation demand management strategies, SRTS and ADA accessibility. KTUA OFFERS: ‚Customized Solutions – Experience in researching and recommending inno- vative facility treatments and programs for specific issues. ‚Advanced Technology – GIS computer applications for producing alignment analysis, pedestrian and bicycle suitability modeling, maps, route selection, graphic production, estimating and 3-D visualizations. ‚Integrated Plans – Expertise in pedestrian, bikeway and trail planning and a commitment to the integration of recreation, land use planning, communi- ty design, urban design and non-motorized alternatives. ‚Safety – Pedestrian and bicycle safety factors, collision scenarios and countermeasures. ‚Design Sensitivity – Professional experience with the integration of urban design elements within environmentally and visually sensitive areas. KNOWLEDGE OF CITY, COUNTY AND STATE LAWS RELATED TO SCOPE: Qualified Plans – All plans prepared by KTUA comply with State, Federal High- way Administration, AASHTO, MUTCD standards, and NACTO guidelines. RECENT COMPLETED PROJECT EXPERIENCE: ‚City of Grand Terrace Active Transportation Plan ‚City of Vista Emerald Drive and Townsite Complete Streets ‚City of San Marcos Armorlite Drive Complete Street ‚City of Chula Vista Complete Streets Plan ‚City of Ontario Holt Boulevard Complete Street Plan ‚City of Atascadero Complete Street Plan G.10.a Packet Pg. 217 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 10 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience | City of Grand Terrace ATP CLIENT ‚‚City of Grand Terrace ‚‚Sandra Molina ‚‚909 824-6621 ext. 22 ‚‚SMolina@grandterrace-ca.gov STATUS ‚‚Completed 2019 SERVICES ‚‚Active Transportation Planning ‚‚Safe Routes to School TOTAL FEE ‚‚$250,733 KTUA KEY PERSONNEL ‚‚Joe Punsalan ‚‚Jacob Leon ‚‚Juan Bonilla KTUA prepared an Active Transportation Plan that provides the recommended actions to increase biking and walking in the City; provides non-motorized travel infrastructure to support the projected population growth; and provides safer, walkable streets for the students who travel to school each day in Grand Terrace. To facilitate the plan, KTUA developed web applications using ArcGIS Online to solicit public input as well as conduct- ed field work. As part of this plan, KTUA developed an inventory of existing bike and pedestrian infrastructure; identifying deficiencies; and developed models such as bicycle and pedestrian Level-of-Traffic Stress, propensity models and collision analysis. The KTUA team identified and prioritized improvements in the infrastructure and developed opportunities for multi-use path development, including connections to the Santa Ana River Trail. Community engagement included walking tours at each school, presence at community events and presentation to City Council to collect data and gather public input. In addition, KTUA developed three conceptual design projects to assist the City with grant applications. G.10.a Packet Pg. 218 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 11 STATUS ‚‚On-going 2019 PROJECT FEE ‚‚$78,370 KTUA KEY PERSONNEL ‚‚Joe Punsalan ‚‚Jacob Leon ‚‚Juan Bonilla STATUS ‚‚Completed 2019 PROJECT FEE ‚‚$74,760 KTUA KEY PERSONNEL ‚‚Joe Punsalan ‚‚Jacob Leon ‚‚Juan Bonilla, Silvia Fang 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience CLIENT ‚‚City of Vista ‚‚Husam Hasenin ‚‚760-643-5411 ‚‚hhasenin@cityofvista.com SERVICES ‚‚Complete Streets Planning ‚‚Community Outreach ‚‚GIS Analysis CITY OF VISTA EMERALD DRIVE & TOWNSITE COMPLETE STREETS The City of Vista endeavors to improve the walking and bicycling environment for its residents along Emerald Drive, Townsite Drive/W. Los Angeles Drive and North Santa Fe Avenue. Emerald Drive between West Drive and Olive Avenue is primarily abutted by residential land uses and experiences issues such as speeding and crashes. For Townsite Drive/W. Los Angeles Drive and North Santa Fe Avenue, the main objective was to create a more pedestrian and bicycle friendly environ- ment and to facilitate access to healthy foods through policy, systems, and environmental (PSE) change. For these corridors, KTUA developed alternatives with varying number of lanes, intersection controls, roundabouts, traffic circles, and pedestrian and bicycle facilities. Extensive outreach was conducted to gather issues and concerns from residents and stakeholders and to assist in developing solutions. During the design phase, workshop participants voted on their preferred concepts. This process helped the KTUA team refine the preferred alternatives to incorporate in the final report and grant applications. Collision analysis and vehicle, pedestrian and bicycle counts were all conducted to address feasibility and need of the corridors. Final concept designs incorporated bike lanes, connect- ed sidewalks, transit shelters and roundabouts along Emerald Drive. Recommendations for the other corridor were traffic circles, bike lanes, sidewalks, curb extensions, high visibility crosswalks, and pedestrian signals. KTUA finalized these projects by writing two Caltrans ATP grants and Townsite Drive received Caltrans funding. Community Engagement 39 3 Figure 3-7: Photos from Workshop No.2 (Cont.) CLIENT ‚‚City of Atascadero ‚‚Ryan Hayes ‚‚805-470-3424 ‚‚rhayes@atascadero.org SERVICES ‚‚Community Engagement ‚‚Accessibility Traffic Calming ‚‚Urban Greening ‚‚Complete Streets Planning CITY OF ATASCADERO EL CAMINO REAL DOWNTOWN TRAFFIC CALMING AND CORRIDOR PLAN The city and businesses along El Camino Real expressed a desire to transform their downtown into a destina- tion with new mixed use and commercial projects. El Camino Real is a barrier to these goals with four-travel lanes and lack of traffic calming. The street also con- nects the middle and high schools and experiences substantial student activity. Safety for these students was the number one priority for this project. The plan outlines preferred recommendations for future corridor improvements incorporating complete streets and road diet concepts. KTUA developed public participation materials for workshops, stakeholder meetings, and city council presentations, and developed concepts for future transportation needs. Concepts incorporating roadway cross-sections and the reuse of available right- of-way due to road diets were analyzed for operational improvements, travel delays, pedestrian signal timing, and accessibility improvement recommendations. KTUA worked closely with the city and traffic engineers to develop concepts that would help the city reuse space for events such as the weekly farmers market and larger citywide events. The concept of a ramblas with median parking was selected by city council to take into further design development since it provided all the needs for traffic calming, additional parking, pedestrian and bicycle safety, placemaking, shade trees, and flex space for events. Project deliverables included final con- cept and report, traffic engineering analysis, street tree recommendations and an urban greening toolbox. G.10.a Packet Pg. 219 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 12 AWARDS - 2017 ‚‚APWA San Diego ‚‚ASCE San Diego ‚‚Circulate San Diego Connectivity Award PROJECT FEE ‚‚$50,000 KTUA KEY PERSONNEL ‚‚Mike Singleton ‚‚Bernard Everling CITY OF SAN MARCOS ARMORLITE DRIVE COMPLETE STREET KTUA prepared a successful SANDAG Smart Growth grant application and then worked with the project civil engineer to design the Armorlite Drive Complete Street project and prepare construction documents. The project is a $3.3 million ground-up redevelopment of a former industrial street into a human-scaled resi- dential Complete Street. The site is within easy walking distance of Palomar College and the Sprinter line’s bus- iest light rail station, as well as the Inland Rail Trail and Mission Sports Park. The design includes a cycle track, dual mode crossings with bicycle signal heads, wide walkways with pedestrian-scale lighting and street trees, and mid-block crossings with in-pavement flash- ers, raised speed tables and offset path refuge medians. Project infrastructure includes low impact development features such as permeable paving, bio-swales, bio-re- tention basins and structural soils. This project represented a full spectrum of services including grant writing, developing Complete Streets/ traffic calming concepts, site design and construction drawings. KTUA provided construction document sup- port for the cycle track, as well as other street compo- nents, included planting, hardscape, street furnishings, irrigation systems, as well as drainage retention em- ploying Silva Cells to control stormwater runoff. CLIENT ‚‚City of San Marcos ‚‚Elias Gallegos ‚‚760 744-1050, Ext. 3225 ‚‚egallegos@san-marcos.net STATUS ‚‚Completed 2016 SERVICES ‚‚Complete Street Planning ‚‚Grant Writing ‚‚Streetscape Design 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience CLIENT ‚‚City of Chula Vista ‚‚Patricia Ferman, 619 409-5887 ‚‚pferman@ci.chula-vista.ca.us SERVICES ‚‚Complete Street Planning ‚‚Public Outreach CITY OF CHULA VISTA MAIN STREET COMPLETE STREETS PLAN This was one of the City of Chula Vista’s first Complete Streets analysis efforts, funded as a Smart Growth Plan- ning project from SANDAG. The scope for the 3.3 mile mixed use/industrial corridor included on-the-ground and GIS-based analysis of existing conditions, facilita- tion and synthesis of three community workshops, the development of design alternatives (including bike and pedestrian mobility, landscape corridor theme with points of interest), and on-going dialogue and bi-week- ly meetings with the City of Chula Vista. The successful outcome of the project was facilitated through our emphasis on leading a carefully orches- trated public input strategy, providing technical and design vision, employing multiple computer tools and analytics to simplify complex ideas and information, and drawing on our strengths in mobility and manipu- lation of roadway geometries. The final product was a comprehensive conceptual master plan and report, created jointly with the city and community that addressed complete street concepts in specific detail, from crosswalks and medians, to land- scape themes related to the proximity of San Diego Bay, the adjacent Otay Recreation area, and the vital commercial interests of Chula Vista Main Street. DOCUMENT LINK: https://tinyurl.com/yattzj46 PROJECT FEE ‚‚$75,000 KTUA KEY PERSONNEL ‚‚Mike Singleton ‚‚Tim Henderson G.10.a Packet Pg. 220 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 13 03 | ExpERIENCE AND QuAlIFICATIONs | Subconsultant Profile and Project Experience LINSCOTT, LAW & GREENSPAN Linscott, Law & Greenspan, Engineers (LLG) provides transportation planning, traffic engineering, parking consulting, and de- sign services. Since our founding in 1966, in excess of 10,000 engagements have been completed involving a wide variety of projects throughout the United States and overseas; however, the core of our practice is in Southern California. LLG’s specialties include: ‚Traffic Planning and Operations Studies ‚Traffic Impact Studies ‚2D and 3D Traffic Simulation ‚Site Access and Circulation ‚Shared Parking Demand Forecasting ‚Roundabout Analysis and Design ‚Traffic Signal Design ‚Traffic Signing and Striping Design ‚Construction Zone Traffic Control Plans ‚Preliminary/Conceptual Engineering ‚Traffic Studies and Specific Plans for EIRs ‚Transpor tation Demand Management ‚Congestion Management Program (CMP) Transpor- tation Demand Management(TDM) Analysis LLG is a well-respected firm, comprised of dedicated professionals who serve our clients on a wide variety of traffic and transportation issues. LLG principals and senior staff are recognized experts in these practice areas and possess professional registration in Traffic Engineer- ing, Civil Engineering or both. PROJECT EXPERIENCE CITY OF GRAND TERRACE ACTIVE TRANSPORTATION PLAN LLG along with KTUA prepared the preliminary engi- neering designs of two selected corridors in Barton Road and Mount Vernon Avenue that will be utilized for grant applications. A variety of active transportation tools and references were used such as Urban Bikeway Design Guide and Urban Street Design Guide, as well as experience in multiple jurisdictions revolving around en- hancing pedestrian and bicycle safety. The preliminary engineering designs included intersection and roadway segment analysis to determine intensity of vehicles as well as interaction with pedestrian and bicyclists. Trends associated with vehicular and pedestrian/bicycle vol- ume were also analyzed to develop location and imple- mentation of enhanced pedestrian crosswalks, green pavement, bicycle detectors, etc. LLG prepared detailed engineering cost estimates for the Barton Road and Mount Vernon Avenue priority projects in conjunction with the ATP Grant Application for Caltrans. These cost estimates included a comprehensive breakdown of gen- eral construction items, Project Approval and Environ- mental Documents (PA&ED) costs, Plans Specifications and Estimates (PS&E) costs, Right-of-way Engineering and Construction Engineering (CE) costs. CITY OF ESCONDIDO COMPLETE STREETS ASSESSMENT LLG was retained by the City of Escondido to prepare a Complete Streets Assessment Report for the City of Escondido General Plan Update. The project involved setting a strategic vision for the City and to identify innovative and highly effective recommendations to promote active transportation in the City. LLG conduct- ed a comprehensive review of the existing policies in the City, gathered community input, evaluated connec- tions between major destinations and other bicycle, pedestrian and transit facilities, coordinated and inte- grated our efforts with the general plan efforts; evalu- ated bicycle facilities, vehicular parking, traffic calming measure, bicycle parking; collected bicycle/pedestrian data and mode choice information, VMT and SOV trip reduction, bike sharing and bicycle parking. The project also included a comprehensive active transportation assessment for four principal corridors in Escondido. LLG conducted a comprehensive review of City’s poli- cies, goals and standards, and proposed more than 100 innovative policies to provide a balanced multimodal transportation network with context-sensitive solu- tions throughout the City that promotes non-vehicular facilities, walkability, active living, transit usage and Transportation Demand Management (TDM) measures in downtown and mixed use villages. Escondido General Plan Update Complete Streets Assessment August 30, 2011 G.10.a Packet Pg. 221 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 14 KTUA STAFFING PLAN KTUA utilizes the Resource Planning module of Deltek Vision for weekly staff scheduling, allowing us to accurately schedule staff resources with the appro- priate experience to meet project deadlines. Staffing responsibilities include the following: 1. The assigned project manager is involved in the review of the scope, the preparation of the fee and the contract negotiation. 2. The project manager works with the client to de- velop and validate the overall goals and objectives of the project, as well as identify project issues, requirements, budgets, milestones, deadlines, and design parameters. 3. A project schedule is developed by the project manager indicating all submittals and review periods. The QC manager reviews the schedule to assure that adequate time has been allocated for implementation of the quality control process, including review and coordination of consultant work, and corrections and revisions identified in the QC process. 4. The KTUA policy is to assign a team of experi- enced professionals that stay with the project from concept through completion, ensuring seamless integration from one phase to the next. Key KTUA personnel are available for the duration of the project. Key staff will not be removed or replaced without the prior consent of the City of Grand Terrace 03 | ExpERIENCE AND QuAlIFICATIONs | Team Organization City of Grand Terrace KTUA Joe Punsalan Project Manager Transportation Planner Associate Principal KTUA Juan Bonilla Assistant Project Manager Senior Planner/Graphic Designer Jacob Leon Outreach Facilitator Stakeholders TRAFFIC ENGINEERING Linscott Law & Greenspan (LLG) Keil Maberry Principal Transportation Engineer Trissa de Jesus Allen Sr. Transportation Engineer Jeremy Mempin Transportation Engineer KTUA Tim Henderson Senior Landscape Architect Alex Samarin GIS Technical Manager Silvia Fang GIS Analyst Jorge Nozot Planner KTUA STAFF RESOURCES: 12 Landscape Architects, 6 Landscape Designers, 10 Planners, 2 Transportation Planners, 1 Irrigation Designer, 3 GIS Analysts, 1 Graphic Designer. Additional Capabilities such as Outreach Facilitators, Interpreters and Translators. Team members are not on the Grand Terrace On-Call list. G.10.a Packet Pg. 222 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 15 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Key Personnel | Joe Punsalan | Associate Principal | Project Manager EDUCATION ‚‚B.A., Geography, California State Univ., Sacramento, 1998 REGISTRATION ‚‚ITE Professional Transportation Planner ‚‚LEED Green Associate ‚‚2006 GISP, GIS Certification Institute #53646 ‚‚League of American Bicyclists Certified Instructor #2005 AFFILIATIONS ‚‚Association of Pedestrian and Bicycle Professionals ‚‚Rails to Trails Enhanced Bicycle Facilities Document Peer Review ‚‚Mira Mesa Planning Group: Transportation Subcommittee Chair CURRENT WORKLOAD ‚‚City of Santa Ana ATP ‚City of Rialto ATP AVAILABILITY ‚‚40% Joe Punsalan is an associate principal and senior transportation planner at KTUA. Joe manages large-scale active transportation planning projects such as complete street plans and corridor studies, active transportation plans, first/last mile connectivity, transit supportive plans, and trail and accessibility studies. He is responsible for scope development, data analysis, public en- gagement and facilitation of walk and roll audits and demonstration projects, report writing, grant writing and reporting, and staff and consultant team management. Additionally, Joe has a background in GIS for mapping, re- search and analysis and takes a simplified approach to displaying complex methodologies. As an avid cyclist, Joe understands the roadway conditions and obstacles that face cyclists and pedestrians. Utilizing his first-hand knowl- edge, he applies federal, state, and regional standards to address these chal- lenges and increase user safety. City of Grand Terrace Active Transportation Plan Project manager responsible for task assignments, budgeting, scheduling, outreach coordination, public workshop, pop-up event and safe routes to school coordination and facilitation. Utilized a variety of active transportation tools such as bicycle and pedestrian level-of-traffic stress modeling, propen- sity modeling, green streets, and two high priority corridor designs. Prepared the preliminary engineering designs of the two selected corridors for grant applications. Identified the hot spots for pedestrian improvements and overall project prioritization. Developed criteria for bicycle and pedestrian facility assessment, project and program development. City of Vista Emerald and Townsite Drive Complete Streets Project manager responsible for conceptual designs, report development, safety analysis, community workshop materials, outreach plan and presen- tations, field work, and subconsultant management in a compressed time- frame. Facilitated and presented at all community workshops, field work with city staff, and regular status meetings. Developed traffic calming and place- making concepts for internal review and community engagement. Complet- ed two Caltrans ATP Cycle 4 application, one for each corridor. Townsite Drive successfully received Caltrans funding. City of Atascadero El Camino Real Corridor Plan Project manager responsible for conceptual designs, report development, city council presentation and subconsultant management. Facilitated workshops, city council presentations and regular status meetings. Developed traffic calm- ing and placemaking concepts for review and community outreach. City of Santa Ana Complete Streets Plans (Downtown & Central) Project manager. As a result of the award-winning success of the Downtown Complete Streets Plan, similar planning, design and outreach efforts were provided for Central Santa Ana. The project included a five-day workshop incorporating a demonstration project, walking and biking tours and work- shop activities. As project manager, responsible for the coordination of the workshops, activities, presentations and staffing, as well as community ad- visory presentations. Analysis included bicycle and pedestrian level of traffic stress and collision assessment. Responsible for the coordination between traffic engineering and outreach subconsultants for all aspects of the projects. Managed corridor prioritization, data collection and preliminary engineering design review for ten corridors selected by the community. G.10.a Packet Pg. 223 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 16 03 | ExpERIENCE AND QuAlIFICATIONs | Key Personnel Resumes | Juan Alberto Bonilla | Assistant Project Manager EDUCATION ‚‚B.S. City and Regional Planning; Cal Poly San Luis Obispo, 2015 REGISTRATION ‚‚LEED AP ND AFFILIATIONS ‚‚American Planning Association ‚‚Association of Pedestrian and Bicycle Professionals SPECIAL SKILLS ‚‚Spanish fluency CURRENT WORKLOAD ‚‚City of Santa Ana ATP ‚‚City of National City Intraconnect ‚‚City of Thousand Oaks ATP AVAILABILITY ‚‚40% Juan Alberto is an urban planner and designer focusing on community, land use, and active transportation planning. He believes that successful designs address complex issues by developing holistic design solutions that are sensi- tive to people’s needs, resulting in happy and healthy communities. He has ex- perience working for various local governments in California, applying codes and guidelines, creating urban design visioning studies, and updating policies and plans. Additionally, his strong background in graphic design allows him to creatively execute outreach materials and project branding. His fluency in Spanish has enabled him to act as an interpreter and facilitator at numerous outreach events throughout Southern California. His interests include urban design, architecture, graphic design, photography, and traveling. City of Grand Terrace ATP Project planner responsible for design and production of bilingual outreach materials, facilitating community workshops, Spanish translation and inter- pretation, project analysis, recommendations, corridor design, and document layout. Assisted the project manager in branding the project by creating an attractive project logo and support graphics for flyers and boards. City of Vista Emerald Drive and Towncenter Complete Streets Assisted in creating bilingual outreach materials, workshop facilitation, and Spanish translation and interpretation. City of Santa Ana Central Santa Ana Complete Streets Plan Assisted the project team in branding the project by support graphics for flyers, postcards, and digital media. Assisted the team with all community outreach coordination, workshop support and Spanish translation. Assisted in developing report layout, including 3D models and support graphics to help communicate the designs. City of Pico Rivera Urban Greening Plan Assisted the project manager in branding engagement materials by creating attractive logos and support graphics for flyers, postcards, and digital/social networking media. Spanish translation and assistance for all written products and during workshops is also provided. HUD Walkable & Bikeable Design Guide Assisted the project manager in creating 3D models and support graphics to help illustrate proposed bicycle and pedestrian solutions to common barriers and challenges. Assisted the team in creating the document layout, as well as editing and putting together the final publication. City of Desert Hot Springs Bicycle and Pedestrian Master Plan Assisted the project team in branding the project by creating graphics for flyers, postcards, and digital media. Assisted in developing the final planning document layout, including 3D models and support infographics to help communicate the designs. Riverside Transit Agency First and Last Mile Mobility Plan Assisted in branding engagement materials by creating attractive logos and support graphics for flyers, postcards, and social networking media. Spanish translation for all written products is also provided. Assisted project manager in creating final report layout, support infographics and report writing. G.10.a Packet Pg. 224 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 17 03 | ExpERIENCE AND QuAlIFICATIONs | Key Personnel Resumes | Jacob Leon | Outreach Manager EDUCATION ‚‚Bachelor of Landscape Ar- chitecture, Cal Poly, San Luis Obispo, 2013 REGISTRATION ‚‚2014, LEED Green Associate AFFILIATIONS ‚‚American Society of Landscape Architects ‚‚Association of Pedestrian and Bicycle Professionals SPECIAL SKILLS ‚‚Spanish fluency CURRENT WORKLOAD ‚‚City of Placentia Urban Greening Plan ‚‚City of Santa Ana ATP ‚‚City of Rialto ATP AVAILABILITY ‚‚30% Jacob Leon is a senior planner and outreach manager at KTUA. His project responsibilities entail network and facility design, public outreach, technical drafting and 3D modeling. He is an integral member of KTUA’s tactical ur- banism team, raising public awareness of the benefits of thoughtful urban design, safe pedestrian and bicycle accessibility, and green infrastructure. His strong background in 3D modeling and graphic design allows him to produce effective digital and printed media to help communicate design concepts. His experience in mobility planning projects include active transportation plans, complete streets plans, bicycle and pedestrian master plans. These projects entail network and facility design, public outreach, technical drafting and 3D modeling. His experience in landscape architecture includes feasibility studies, site analysis and park design. His passion for the outdoors and nature inspires him to advocate for holistic urban design. City of Grand Terrace Active Transportation Plan Project planner responsible for scheduling project meetings, coordinating community outreach events, Spanish translation and interpretation, project analysis, recommendations and document design. Actively involved in con- ducting all school walk audits and analyzing the information collected. City of Vista Emerald and Townsite Drive Complete Streets Senior planner/outreach facilitator. Assisted with the development of com- plete street and traffic calming concepts to improve multi-modal access throughout the project corridors. Assisted in planning necessary exhibits for community workshops as well as attended all community workshops. Span- ish interpretation and translation were also provided. City of Atascadero El Camino Real Corridor Plan Senior planner/outreach facilitator. Assisted with the development of complete street, traffic calming, and placemaking concepts to improve multi-modal access throughout the project corridor. Assisted in planning necessary exhibits for community workshops. City of Santa Ana Downtown Zone Complete Streets Plan Project planner responsible for branding the project by creating fun, attrac- tive and unique logos and support graphics for flyers, postcards and digital media. Assisted the team with all community outreach coordination, work- shop support and Spanish translation. Assisted in developing pilot projects with a “Complete Streets” approach emphasizing safe access for pedestri- ans, bicyclists, motorists and transit riders of all ages and abilities. Created 3D models and support graphics to communicate the designs. Assisted in developing a project film that showcases the project process from the initial three-day workshop to the development of the top ten pilot projects. City of San Diego City Heights Urban Greening Plan Project planner responsible for developing materials for community work- shops such as charts, maps, and surveys. Data from community surveys was digitized and transferred to GIS for future analysis. Spanish translation and assistance for all written products and during workshops was also provided. Helped develop pilot projects throughout the study area with an emphasis on storm water Best Management Practices (BMPs) and urban forestry. 3D models and graphics were created to help communicate the designs. G.10.a Packet Pg. 225 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 18 03 | ExpERIENCE AND QuAlIFICATIONs | Key Personnel Resumes | Tim Henderson | Senior Landscape Architect EDUCATION ‚‚Bachelor of Landscape Archi- tecture, Texas A&M University, 1992 REGISTRATION ‚‚2015, California Landscape Architect PLA 6058 AFFILIATION ‚‚American Society of Landscape Architects AWARDS ‚‚APWA 2008 - Torrey Pines Golf Course ‚‚APWA 2013 - I-805 at La Jolla Village Drive Interchange CURRENT WORKLOAD ‚‚Southwestern College Land- scape Horticulture Center ‚‚City of Carlsbad Beach Access AVAILABILITY ‚‚25% As a Senior Associate with KTUA, Tim Henderson has field experience with all phases of the design process from conceptual design through construction on multi-million dollar projects. He was the design landscape architect for the extension of the Mid-Coast Corridor San Diego Trolley from Old Town to University Town Center. Through this process, Tim coordinated with a large team of engineering consultants and agency representatives, and has partici- pated in extensive quality control training. Tim has a demonstrated ability to effectively interface with a diverse group of professionals, technicians, engineers, architects, vendors, contractors, and internal and external management teams. He is highly organized while main- taining a strong orientation to detail/quality of work. City of Chula Vista Main Street Project landscape architect responsible for all bikeway/roadway design con- cepts, bikeway/roadway cross sections, landscape design options and MTS bus station design. Responsible for preserving historical designated proper- ties along the corridor and coordinating with city staff and team. City of Ontario Holt Boulevard Complete Street Plan Project designer/project manager responsible for all roadway design con- cepts, roadway cross sections, landscape design options and BRT Station design. Responsible for preserving historical designated properties along the whole corridor. City of San Diego Harbor Drive Segment of Bayshore Bikeway Landscape architect for the analysis and design of a 2.5-mile major roadway reconfiguration as a Complete Street system. Designed streetscape im- provements and reconfiguration of adjacent parking lots to meet City codes. Designed stormwater runoff, permeable concrete, infiltration trenches and bio-swales and on-street bike lanes. City of Encinitas Coastal Rail Trail, Encinitas, CA Project landscape architect for the design of a 1.3 mile segment of the Coastal Rail Trail. The primary task was to develop landscape construction documents for Coast Highway from the Santa Fe undercrossing south to Chesterfield Drive. The design includes trailside gathering areas, drought tol- erant/native containerized planting at the trail perimeter, bioswales to collect run-off in the parking areas and the design of an efficient irrigation system to irrigate the plantings at the trailside. SANDAG Mid-Coast Corridor Light Rail Transit Project landscape architect responsible for the preparation of planting and irrigation plans for nine at-grade transit stations, two mobility hubs on the UC San Diego campus (Pepper Canyon and Voigt Drive), as well as the corridor right-of-way between the Old Town Transit Center and University Town Cen- ter. The ROW includes sound walls, retaining walls, and bio-retention basins. The plans incorporate the mitigations identified in the Visual Impact As- sessment prepared for the corridor. All plans comply with FHWA guidelines, Caltrans Standard Specifications, Standard Specifications for Public Works Construction, and the San Diego Regional Drawings. G.10.a Packet Pg. 226 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 19 KEIL MABERRY Principal Traffic Engineer Keil has over 30 years of experience in the preparation of transportation planning analysis, traffic impact studies and parking studies. He is a licensed Traffic Engineer in the state of California. He holds a Bachelor of Science in Civil Engineering from the University of Maryland. He has extensive experience in the preparation of traffic impact studies for a variety of land uses, site access and operational plans, simulation studies, parking studies, traffic and parking management plans, school oper- ational plans and suggested route to school plans. In addition, Keil has provided on-call traffic and transpor- tation engineering consultation services to the City of Anaheim (currently), City of Corona, City of Irvine and the City of Dana Point. Representative Projects ‚City of Corona Dos Lagos Master Plan ‚City of Lake Elsinore Alberhill Ranch Traffic Impact Analysis Report ‚County of Riverside El Cerrito Sports Park Traffic Im- pact Analysis Report TRISSA DE JESUS ALLEN, P.E. Sr. Transportation Engineer Trissa has over 28 years of experience in the in the preparation of traffic and parking studies for a variety of land uses, multimod- al plans, circulation elements, site access and traffic operational plans, simulation studies, and traffic and parking management plans. She prepared bike gap studies, safety studies, cost es- timates, and benefit-cost ratios for HSIP and Metro Call for Projects for the City of Long Beach. She has success- fully completed traffic studies that included evaluation of Euclid Avenue/SR-83, multimodal studies for the Port of Long Beach, the City of Fullerton Downtown Core and Corridors Specific Plan and EIR, LAC+USC Medical Center, and General Plan Update study efforts for the City of Industry, and other transportation planning proj- ects in San Bernardino and Riverside Counties. Representative Projects with KTUA ‚City of Grand Terrace Active Transportation Plan ‚City of San Jacinto Active Transportation Plan 03 | ExpERIENCE AND QuAlIFICATIONs | Subconsultant Key Personnel Resumes EDUCATION ‚‚B.S. Civil Engineering, University of Maryland REGISTRATION ‚‚Professional Engineer, CA Registration TR 1802 CURRENT WORKLOAD ‚‚The Trails at Santiago Creek, Orange ‚‚Broadstone Cavora Apartments, Laguna Niguel ‚‚Latitude Business Park, Corona ‚‚Chick-fil-A, Orange AVAILABILITY ‚‚10% EDUCATION ‚‚B.S. Civil Engineering, UC Irvine REGISTRATION ‚‚Professional Engineer, CA Registration TR 2231 CURRENT WORKLOAD ‚‚Globemaster Corridor Specific Plan, Long Beach ‚‚Park Plaza Memory Care, Orange ‚‚Education First, Costa Mesa ‚‚Anaheim at Walnut Affordable Housing & Children’s Clinic-Wellness Center, Long Beach ‚‚Living Spaces, La Mirada AVAILABILITY ‚‚50% G.10.a Packet Pg. 227 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 20 04 | sChEDulE | 1 2 3 1 Project Management 1.1 Kick-off Meeting 1.2 Coordination Meetings 2 Existing Conditions Data Collection 2.1 Data Collection 2.2 Traffic Counts 3 Community Engagement 3.1 Outreach to Neighbors/Stakeholders 3.2 Workshop #1 3.3 Workshop #2 4 Preliminary and Final Conceptual Design 4.1 Schematic Design 4.2 Draft and Final Conceptual Design 4.3 Cost Estimates 5 Draft and Final Plan 5.1 Draft and Final Plan 5.2 Fly-through 3D Model 5.3 City Council Presentation City of Grand Terrace Michigan Street Walkability/Complete Street Plan G.10.a Packet Pg. 228 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 21 PROJECT City of Atascadero El Camino Real Corridor Plan AGENCY City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 CONTACT NAME Ryan Hayes EMAIL rhayes@atascadero.org CONTACT PHONE 805 470-3424 DATES OF SERVICE Ongoing 2019 KTUA KEY STAFF Joe Punsalan, Jacob Leon, Juan Bonilla PROJECT City of Santa Ana Downtown Zone and Central Santa Ana Complete Streets Plan AGENCY City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702 CONTACT NAME Cory Wilkerson EMAIL cwilkerson@santa-ana.org CONTACT PHONE 714 647-5643 DATES OF SERVICE 2014 - 2018 KTUA KEY STAFF Joe Punsalan, Jacob Leon PROJECT City of Vista Townsite and Emerald Drive Complete Streets AGENCY City of Vista CONTACT NAME Husam Hasenin EMAIL hhasenin@ci.vista.ca.us CONTACT PHONE 760-643-5411 DATES OF SERVICE Grant Application 2018 KTUA KEY STAFF Joe Punsalan, Juan Bonilla, Jacob Leon, Silvia Fang, Mike Singleton 05 | REFERENCEs | G.10.a Packet Pg. 229 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) CITY OF GRAND TERRACE | Michigan Street Walkability/Complete Street Plan | 22 06 | INsuRANCE | The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? 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COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8/31/2018 Cavignac & Associates450BStreet, Suite 1800SanDiego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Indemnity Co of Conn 25682 KTU&APL-01 Travelers Property & Casualty Company of America 25674KTU+A Planning & Landscape Architecture3916Normal StreetSanDiego CA 92103 Berkley Insurance Company 32603 Property & Casualty Ins. Co. of Hartford 34690 104961338 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X 6801H979452 9/1/2018 9/1/2019 2,000,000 A 1,000,000 XX X NoOwnedAutos BA1C934192 9/1/2018 9/1/2019 B X 3,000,000 X 0 CUP1C934653 X 3,000,000 9/1/2018 9/1/2019 D 72WEGGG6436 9/1/2018 9/1/2019 X 1,000,000 1,000,000 1,000,000 CB Professional LiabilityERISA AEC9022652036801H979452 9/1/20189/1/2018 9/1/20199/1/2019 Ea Claim/AggregLimit $2M/$4M$500,000 Re:KTU+A Retirement Savings Plan. Specimen Certificate G.10.a Packet Pg. 230 Attachment: KTUA Grand Terrace Michigan St-Complete Street [Revision 1] (Award of Contract to KTUA for Michigan Street Plan) G.10.bPacket Pg. 231Attachment: KTUA Cost Proposal (Award of Contract to KTUA for Michigan Street Plan) RESOLUTION NO. 2019-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE MICHIGAN STREET WALKABILITY/COMPLETE STREET PLAN WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace, (“Redevelopment Agency”) was formed for the purpose of revitalizing areas within the City of Grand Terrace pursuant to Health and Safety Code Section 33000, et seq.; and WHEREAS, pursuant to Assembly Bill 1x26, enacted on June 28, 2011, and Assembly Bill 1484, enacted on June 27, 2012, (collectively the “Dissolution Act”), the Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, on January 10, 2012, the Grand Terrace City Council adopted Resolution 2012-01, pursuant to Part 1.85, of the Dissolution Act, by which the City Council elected to serve as the Successor Agency to the Redevelopment Agency upon the dissolution of the Redevelopment Agency under AB 26 (“Successor Agency”) commencing on February 1, 2012; and WHEREAS, pursuant to Health and Safety Code section 34191.4(c), after a successor agency has received a finding of completion from the State Department of Finance (“DOF”), a Successor Agency, with the approval of its Oversight Board, may list enforceable obligations to expend excess bond proceeds on its Recognized Obligation Payment Schedule (“ROPS”), so long as such expenditures are consistent with the bond covenants; and WHEREAS, the Successor Agency received a Finding of Completion from the DOF on May 9, 2013; and WHEREAS, the Successor Agency has excess bond proceeds from the $15,175,000 Grand Terrace Redevelopment Agency’s Community Redevelopment Project Area 2011A Tax Allocation Bonds (“Bond Proceeds”) which were issued for the purpose of financing public improvements within the Project Area; and WHEREAS, the DOF approved a Bond Proceeds Expenditure Agreement between the Successor Agency and the City of Grand Terrace (“City”) enabling the City to expend or allocate the Bond Proceeds for expenditures consistent with the applicable covenants of the 2011 Tax Allocation Bonds (“2011 TAB”); and WHEREAS, the expenditure approved in this Resolution is a public improvement within the intent and purpose the 2011 TAB and is consistent with the 2011 TAB covenants. G.10.c Packet Pg. 232 Attachment: Resolution Use of Bond Proceeds-Michigan Complete Street [Revision 2] (Award of Contract to KTUA for Michigan Street Plan) Resolution 2019-__ Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated herein as findings and a material part of this Resolution. SECTION 2. The City Council hereby authorizes the expenditure of Bond Proceeds in the amount of Seventy Four Thousand Five Hundred Nine Dollars and Zero Cents ($74,509.00) to contract for professional planning services for the preparation of the Michigan Street Walkability/Complete Street Plan. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4. This Resolution shall go into full force and effect immediately. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 9th day of April, 2019. ________________________________ Darcy McNaboe Mayor ATTEST: ________________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra City Attorney G.10.c Packet Pg. 233 Attachment: Resolution Use of Bond Proceeds-Michigan Complete Street [Revision 2] (Award of Contract to KTUA for Michigan Street Plan) Michigan Street Walkability/Complete Street Plan Consultant List Firm Name Address City Kimley Horn 3880 Lemon Street, Suite 420 Riverside KTUA 3916 Normal Street San Diego DKS Associates 2401 E. Katella Avenue, Suite 425 Anaheim, CA 92806 Alta Planning 233 A Street, Suite 703 San Diego, CA 92101 Advantec Consulting Engineers 1200 Roosevelt Irvine, CA 92620 Kittelson & Associates Inc 750 The City Drive South, Suite 410 Orange, California 92868 Fehr & Peers 8141 E. Kaiser Blvd., Suite 110 Anaheim, CA 92808 Transtech Engineers 413 W MacKay Dr San Bernardino, CA 92408 City Place Planning 501 West Broadway, Suite A-143 San Diego, California 92101 MIG 1500 Iowa Avenue, Suite 110 Riverside, CA 92507 MBI 3536 Concours Street, Suite 100 Ontario, CA 91764 Additional Consultants Inquiring/Responding to RFP: Landmark Consulting 9555 Genesee Avenue Suite 200 San Diego, CA 92121 RRM Design Group 32332 Camino Capistrano, Suite 205 San Juan Capistrano, CA 92675 Ludwig Engineering 109 E. 3rd Street San Bernardino, CA 92410 Steer 800 Wilshire Blvd., Suite 1320 Los Angeles, CA 90017 TKE Engineering, Inc.2305 Chicago Avenue Riverside, CA 92507 G.10.d Packet Pg. 234 Attachment: Michigan Street Consultant List (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 235 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 236 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 237 Attachment: GT KTUA Michigan Street - 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Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 265 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 266 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 267 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 268 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) G.10.e Packet Pg. 269 Attachment: GT KTUA Michigan Street - Contract (Award of Contract to KTUA for Michigan Street Plan) This page left intentionally blank. AGENDA REPORT MEETING DATE: April 9, 2019 Council Item TITLE: Professional Services Agreement Between the City of Grand Terrace and KTUA to Prepare the Barton Road Streetscape Plan and Appropriation of Bond Funds Therefore PRESENTED BY: Sandra Molina, Planning & Development Services Director RECOMMENDATION: 1. Approve a Professional Services Contract with KTUA in the amount of $60,000 for preparation of the Barton Road Streetscape Plan, subject to City Attorney approval as to form; and 2. Authorize the City Manager to Execute the Contract, subject to City Attorney approval as to form; and 3. Appropriate $60,000 from the General Fund 2011 Bond Proceeds Balance to Account No. 10 -955-800-xxx for KTUA - Barton Road Streetscape Plan; and 4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE BARTON ROAD STREETSCAPE PLAN. 2030 VISION STATEMENT: This item supports #3, Promote Economic Development. The agreement will provide a streetscape plan for Barton Road from the UPRR Railroad lines to just east of Mount Vernon Avenue which will enhance the commercial corridor of the City. BACKGROUND: On October 9, 2018, the City Council approved a list of priority pro jects for the use of the 15% allocation of the 2011 bond proceeds as a result of the dissolution of the Redevelopment Agency. The list included a Barton Road Streetscape Plan in the amount of $50,000. On February 15, 2019, City Staff sent out a Request f or Proposals (RFP) for the Barton Road Streetscape Plan to 11 professional consulting firms in the areas of planning, transportation planning, and engineering. A list of the 11 firms is attached . The RFP identified the redesign of the I -215/Barton Road Interchange which includes landscaping, decorative street lights along the Barton Road Bridge, and City identifiers. G.11 Packet Pg. 270 The RFP informed Proposer s that the City envisions thematic streetscapes for four segments of Barton Road, including landscaping, street trees and shrubs/groundcover, decorative street lighting, pedestrian furniture and City identifiers. The Scope of Work included a streetscape plan for four segments along Barton Road, which includes recommendations for streetscaping, including specific optio ns for types of street furniture, pedestrian scale street lights, design options for planters, parkway street trees and city identifiers. The streetscaping plan must be cohesive and yet unique to each segment of the Barton Road corridor. Segments are identified as: Grand Terrace Road to the west end of the I-215 Interchange; East end of the I-215 Interchange to Commerce Way; Commerce Way to Canal Street; and Canal Street to Approximately 300 feet east of Mount Vernon Avenue. DISCUSSION: One proposal was received from KTUA. KTUA provides services in the areas of landscape architecture, transportation planning, community planning, resource management and visualization practices. The work product will not only include a streetscape plan for the corridor, it will also include a Fly-through 3-D model of the The original cost proposal was $71,000; however, Staff reviewed the proposal and worked with KTUA to determine areas where costs could be saved, yet the integrity of the project maintained. The revised contract amount for the service is $60,000. FISCAL IMPACT: On October 9, 2018, the City Council approved a Priority Project List for the Use of Bond Proceeds, which prioritized the preparation of the Barton Road Streetscape Plan. Staff is recommending that City Council approve the appropriation of $60,000 from the General Fund 2011 Bond Proceeds as highlighted in the table below: City of Grand Terrace Use of Approved 2011A Bond Proceeds (20%) Amount Bond Proceeds as approved by the Department of Finance (20%) 5% of proceeds $289,015 15% of proceeds $2,026,585 Total Authorized $2,315,600 G.11 Packet Pg. 271 City of Grand Terrace Use of Approved 2011A Bond Proceeds (20%) Amount Completed Projects: 10-955-705 Dog Park $50,000 10-955-706 Playground Resurfacing - Child Care Facility $26,826 10-955-707 Traffic Signal Lighting $23,200 10-955-708 Tree Replacement $15,282 10-955-709 Playground Resurfacing - Rollins Park $116,064 10-955-710 Sidewalk Repair $19,818 10-955-800-101 ALPR Cameras $142,147 10-955-800-102 Woody's Classic Grill Incentive Agreement $50,000 $443,337 Balance as of 12-10-2018 $1,872,263 Approved Projects: 10-955-800-103 Architecture & Planning Svcs (KTGY) $18,500 10-955-800-104 Purchase of Housing Authority Property $665,000 10-955-800-105 Mount Vernon Slope (grant writing services) $20,000 $703,500 Balance $1,168,763 Other City Council-Approved Priority Projects Mount Vernon Slope $580,000 Sidewalk & Storm Drains on Michigan $300,000 Proposed 4/9/19 Michigan Walkable Street Plan (KTUA) $74,509 Proposed 4/9/19 Barton Road Streetscape Plan (KTUA) $60,000 Barton Road Business Sign Program $100,000 $1,114,509 NET $54,254 ATTACHMENTS: • Proposal_Grand Terrace Barton Rd Streetscape_Revised (PDF) • GT KTUA Agreement Barton Road (PDF) • Consultant List - Barton Road Streetscape (PDF) • Resolution Use of Bond Proceeds-BR Streetscape (DOCX) APPROVALS: Sandra Molina Completed 04/02/2019 7:22 PM City Attorney Completed 04/03/2019 11:21 AM G.11 Packet Pg. 272 Finance Completed 04/03/2019 3:47 PM City Manager Completed 04/03/2019 7:19 PM City Council Pending 04/09/2019 6:00 PM G.11 Packet Pg. 273 CITY OF GRAND TERRACE BARTON ROAD STREETSCAPE PLAN PROPOSAL | MARCH 8, 2019 G.11.a Packet Pg. 274 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape 1 Cover Page and Introduction Cover Letter and Understanding of Scope of Services . . . . . . . . . . .3 Identification of Prime Consultant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Nondiscrimination Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Conflict of Interest Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 2 Methodology and Approach to Communication Exceeding the Scope of Work and Special Considerations . . . . . . . .4 Approach to Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 3 Experience and Qualifications KTUA Firm Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Knowledge of City, County and State Laws Related to Scope . . . . .8 List of Recently Completed Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 KTUA Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Team Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 KTUA Key Personnel Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 4 Schedule and References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 5 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 6 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Contents G.11.a Packet Pg. 275 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape March 8, 2019 Ms. Sandra Molina, Planning and Development Services Director 22795 Barton Road Grand Terrace, CA 92313 Dear Ms. Molina and Members of the Selection Panel, Streetscapes enrich communities. They complement the adjacent land uses and provide safe areas for social interaction. A safe and walkable streetscape should be thematic and create a visual continuity for pedestrians, bicyclists and visitors to the city. In supporting this aesthetic theme, amenities such as drought tolerant/native/ maintenance friendly landscaping, pedestrian-scale lighting, street furniture and city identifiers are important to make the user’s journey more enjoyable. Streetscape amenities should be integrated with stormwater im- provements for a functional and aesthetically pleasing street which can reduce speeding and encourage more walking. Enriching Barton Road’s streetscape as the city’s gateway corridor is a major building block and goal for this project. KTUA has been involved in many streetscape projects throughout Southern California. The firm is nearing 50 years old and focuses on providing for the health, safety, and welfare of all users within the designed environment. Streetscapes are a natural built fabric which bring communities together. KTUA is a fabric of design, merging land- scape architecture and land use and transportation planning experience into a holistic design. We want to help make a difference for Grand Terrace. Our team has worked on many streetscape projects over the last decade, including Chula Vista’s Main Street, National City’s 8th Street, Imperial Beach’s Palm Avenue, Coronado’s Avenue of Heroes, and Ontario’s Holt Boulevard. KTUA staff also includes GIS specialists, outreach facilitators, 3D modelers, and urban designers all under one roof. Since many of our conceptual designs result in constructed projects, understanding the dynamic relationship between design ideas and implementation is important. KTUA ensures that our designs are supported by the stakeholders, enhance the community, comply with applicable regulations, are eligible for funding, and can be constructed and maintained. This Barton Road Streetscape Plan will strive to equitably address all specified design streetscape criteria through the four corridor segments through community engagement and sustainable design. In our proposal, we have developed a scope that meets the city’s scope of work, and provides added value items to enhance the project. We look forward to talking with you in greater detail and getting started on this exciting and challenging set of work products. PROPOSAL REQUIREMENTS Terms: This proposal is valid for a period of 90 days from March 8, 2019. Nondiscrimination Certification: KTUA certifies under penalty of perjury that KTUA complies with nondiscrimination requirements of the City of Grand Terrace and the State of California. Conflict of Interest Statement: KTUA does not have any financial, business or other relationship with the City that may have an impact upon the outcome of this contract. Respectfully submitted, Mike Singleton Principal KTUA PRIMARY CONTACT INFORMATION Michael Singleton | AICP CTP, CA PLA, LEED AP 3916 Normal Street, San Diego, CA 92103 t: (619) 294-4477 x134; f: (619) 294-9965 mike@ktua.com G.11.a Packet Pg. 276 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 4 02 | METhODOlOGY | Exceeding the Scope of Work and Approach to Communications EXCEEDING THE SCOPE OF WORK AND SPECIAL CONSIDERATIONS Alternative which may enhance services, reduce costs or speed delivery/approvals KTUA typically offers work products that exceed those produced by our competitors. In this sense, the effort is “value added”, meaning that we go beyond the mini- mum effort to accomplish a scope item by improving legibility and clarity in the proposed concept. You will see this in our graphic production where we use 3D models to show cross sections, obliques and site plan views that have enough detail to be realistic and con- textual with the setting which is key during community workshops. This “above and beyond” work product does not cost the project more money since we are willing to cover all scope items for the listed budget amount. Interactive workshops are also key components to gar- ner public support and expedite conceptual design. By providing group activities in workshops, participants are able to talk to their neighbors and discuss relatable issues together, bringing consensus on recommenda- tions. Since completing the City’s Active Transportation Plan, KTUA already has most of the data needed in- house to expedite general data collection and existing conditions. APPROACH TO COMMUNICATION Due to the expedited time frame for this project, communication will be key to schedule and announce the workshops and deliver products in a timely man- ner. Recently, KTUA completed a similar project in the City of Vista with multiple workshops and corridors in a five-month timeframe. This project was successful in acquiring ATP Cycle 4 funds and support from local residents. KTUA has proposed regular conference calls to coordinate outreach and in-person meetings to go over preliminary and final designs. KTUA also has webinar capabilities to expedite the review process and conduct additional meetings. For community engagement, KTUA will utilize the stakeholder and ATP participant database, including city officials, to announce the workshop and encourage participation. KTUA will provide Grand Terrace Elemen- tary School with flyers and work with stakeholders such as the Chamber of Commerce, Barton Road businesses, and the SBCTA I215/Barton Road Interchange team to announce the workshops. As mentioned previously in the “Exceeding Scope of Work”, KTUA communicates engineering and streetscape concepts in a graphic format for the layperson to understand. This helps them understand the project and the recommendations that will make it possible to improve their street. This was highly successful when presenting the Active Trans- portation Plan to City Council several times. KTUA also recommends a 3D fly-through model to show at City Council to highlight the changes of the street and the community engagement that took part in the change. Grand Terrace Active Transportation Plan community outreach event.Workshop for Central Santa Ana Complete Streets Plan. G.11.a Packet Pg. 277 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 5 02 | METhODOlOGY | Scope of Work TASK 1: PROJECT MANAGEMENT 1.1 Kick-off Meeting Once the notice to proceed has been issued, a kick- off meeting will be organized to refine the work plan, community engagement, clarify data needs, and begin developing ideas. KTUA will develop the agenda and meeting minutes. 1.2 Coordination Meetings/Phone Conference Calls KTUA will schedule up to one (1) meeting with the city to discuss project status, community outreach and conceptual design. Depending on the topic, these meetings can be conducted as conference calls (GoTo Meeting with screen view). The conceptual design meeting will be in person and may include a site visit with city staff. Additional meetings and conference calls will be conducted on an as needed basis. Deliverables: Meeting agendas, meeting minutes TASK 2: EXISTING CONDITIONS AND DATA COLLECTION 2.1 Data Collection The KTUA team will work with the city and other sourc- es to collect and organize available existing conditions data, including existing trees, shrubs, groundcovers, driveways, sidewalks, walkways, existing utilities, and existing lights. This on-site review will occur at the same time as the kick-off meeting. As part of initial data collection, KTUA will evaluate if there is critical data missing and will work with the city to collect such data. Field surveys will also be conduct- ed to review and record existing conditions to iden- tify any unusual or special conditions that may affect implementation. KTUA will also build upon data already collected as part of the ATP. The data collected will be compiled into maps, exhibits, and a report. 2.2 Coordination with Existing Plans KTUA will review existing plans such as the Active Transportation Plan, Compass Blueprint Community Visioning Summary, Barton Road Specific Plan, and the SBCT Interstate 215: Barton Road Interchange. Goals and objectives from the Barton Road Specific Plan will provide guidance on design elements for consistency between the two plans. 2.3 Base File Setup KTUA will compile all forms of data and construct an AutoCAD base for the schematic concepts and design development plan. Deliverables: Existing conditions with base mapping TASK 3: COMMUNITY ENGAGEMENT 3.1 Outreach to Neighbors and Stakeholders Understanding that street improvements and grant ap- plications now require extensive community engage- ment, KTUA will coordinate with the city to reach out to the residents along Barton Road. Meeting notices will be provided to the families of Grand Terrace Elemen- tary School, the Chamber of Commerce, Barton Road businesses and services, and nearby residents. Over 30 businesses are located adjacent to or within walking distance to the Barton Road study area. The second workshop will be announced at the first workshop. An- nouncements can also be posted on the city’s website and through an eblast to the stakeholders and project participants. Key Messages The focus of this planning and design effort is to develop a thematic streetscape plan for Barton Road that celebrates the community through thoughtful and innovative design. The following key messages will be communicated to the community members and stake- holders so that expectations and outcomes are clear and understood. ‚What is your primary mode of transportation through these corridors and what improvements would you like to see to make your trip more enjoyable? ‚What kind of design amenities would you like to see? ‚What kind of entry statement at the Interstate 215 and Barton Road intersection would best represent the “Welcome to Grand Terrace” you’d like to experience? For these workshops, the team will prepare materials such as an introductory presentation, large scale aerial photo maps, and informative graphics. All materials will be prepared in English and Spanish. G.11.a Packet Pg. 278 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 6 02 | METhODOlOGY | Scope of Work 3.2 Workshop #1 Preparation QA/QC and 3.3 Workshop #1 This first workshop aims to listen to provide partic- ipants a chance to review and comment on two alternative streetscape designs. These 30% schematic designs are intended to provide enough detail for par- ticipants to understand, yet flexible enough to modify based on community input. The following highlights the workshop format, which is subject to revisions based on city input. ‚Brief presentation (10-15 minutes). Typically starting ten minutes into the workshop to account for people signing in, snacks, etc. ‚Table exercises for the participants to provide input on the alternative designs. Preference survey boards with photos of different themes and styles will be available for workshop participants to vote on their preferences for the streetscape elements to help build consensus on the preferred alternative and thematic features. 3.4 Produce Materials for Subsequent On-line Public Survey KTUA will produce additional materials including up- dated site plans of the recommended concept, data on costs and other benefits. These materials will be placed on-line for the public to review and comment on. Deliverables: Community engagement plan, workshop and website materials, sign-in sheets, workshop flyers, workshop results and secondary survey. TASK 4: TASK 4: SCHEMATIC DESIGN PHASES 4.1 30% - Schematic Conceptual Design (Workshop #1) The KTUA team will prepare 30% schematic conceptu- al plans with two (2) alternatives that will exemplify a community design image that expresses and enhances the village type character along Barton Road. Schemat- ic cross-sections of the parkway will be integrated into the current street design from the Barton Road Grant ATP drawings. These will then be presented at the first workshop for initial community input. Once comments have been compiled, vetted and any changes ap- proved, the final conceptual design will be completed. For Barton Road to be a vibrant and attractive street, not only will complete street amenities help with accessibility, walkability, and bikeability, especially with nearby Grand Terrace Elementary School and transit, aesthetics will also play a major role in unifying the four planning areas. KTUA will provide options for types of street furniture, pedestrian scale lighting, design options for planters, and parkway landscaping recom- mendations for drought tolerant/low maintenance plantings that handle intense urban conditions. In addition, the Barton Road plan will continue implemen- tation of the City Street Tree Program, city identifiers at the I-215 and Barton Road intersection, roundabout, and throughout each unique segment of the corridor. Concepts will include the screening or elimination of visually objectionable views and implementation of stormwater retention elements while making allowanc- es for storm drain improvements. Placemaking is a key objective and will be the focus during the preparation of the streetscape recommendations. In addition, KTUA will provide a Green Street Toolbox that will identify the various options for urban greening elements such as trees, planting, and hardscape materials. Drought-toler- ant planting plans and other sustainable methods will be explored to keep infrastructure and maintenance costs down. KTUA communicates potentially complex issues through informative graphics such as large-scale aerial photo maps and 3D models. Many of these graphic examples have been compiled for other projects, which will allow the team to devote time to the specifics of this project instead of preparing materials for general communication. This includes 3D cross sections which will be developed on a segment-by-segment basis. Streetscape from Armorlite Drive Complete Streets Project. G.11.a Packet Pg. 279 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 7 02 | METhODOlOGY | Scope of Work 4.2 100% - Schematic Conceptual Design (Online Survey) The KTUA team will refine the 30% schematic concep- tual plans into one final conceptual design. Refined schematic cross-sections of the parkway will be based on the results of the 100% design and second commu- nity workshop. KTUA will also ensure that the concep- tual plans comply with the ATP and grant application prepared for Barton Road. These will be placed into the final design development plan. 4.3 Quality Assurance / Quality Check Review (QA/QC) Schematic designs and draft documents will be re- viewed using a checker, backchecker, and verifier system to provide error free documents. 4.4 30% Draft Document A 30% draft document will include all the communi- ty engagement, existing conditions, and schematic design plans. 4.5 Preliminary Cost Estimates Upon completion of the final schematic design phases, a preliminary cost analysis will be developed. Deliverables: Conceptual designs, 30% draft document, preliminary cost estimates TASK 5: 100% DOCUMENT AND FINAL - DESIGN DEVELOPMENT PLAN 5.1 Final - Design Development Plan and 5.2 100% Document The 100% document and final design development plan will be a combination of the two (2) schematic conceptual designs, color renderings, and community workshop input. This 100% document and final - design development plan will have the necessary background information to support Barton Road’s integration into the city’s CIP list and/or grant applications. An implementation plan will include short term (3 year) and long term (5 year) implementation timeframes for Barton Road. The implementation process will include: ‚Proposing a phasing strategy to implement projects incrementally ‚Identifying high priority phases that should be imple- mented first ‚Identifying existing infrastructure projects already ap- proved to incorporate active transportation facilities ‚Prioritizing the remaining projects to be built after high priority projects are completed 5.3 Quality Assurance / Quality Check Final Review (QA/QC) Final documents will be reviewed using a checker, backchecker, and verifier system to provide error free documents. 5.4 Final Cost Estimate KTUA will develop a final cost analysis of the approved schematic design. 5.5 3D Fly-through Video As an added value, KTUA can develop a fly-through vid- eo of the final design development plan for city council presentations and for use for in future planning and promotional complete street efforts. 5.6 One City Council Presentation KTUA will prepare a presentation and present the final conceptual plan at one city council meeting. Deliverables: Draft and final document development plan, city council presentation, final cost estimates, final 3D fly-through video. SHELTER BUS STOP Two-Way LT Lane12' Existing Road Dimension (A-A') 84' Proposed Road Dimension (A-A') Sidewalk6'Sidewalk6'Travel Lane 14' Travel Lane 11' Travel Lane 11' Travel Lane 19' 215 Michigan StROW 100' 5' Lane Travel 12' Striped 10' Travel 12' 91' Lane LaneBike Travel 11' Lane Travel 11' Lane 6'Sidewalk10' Bus Turnout ROW 100' Median6'Sidewalk 5' Bikew/ 3' 5' Lane Bike BufferVivienda AveCommerce WaySection A Barton Road active transportation improvements from the ATP. G.11.a Packet Pg. 280 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 8 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Profile YEAR FOUNDED ‚‚1970 ORGANIZATIONAL STRUCTURE ‚‚California Corporation NUMBER OF OFFICES/LOCATION ‚‚1 (San Diego) ‚‚3916 Normal Street ‚‚San Diego, CA 92103 ‚‚619 294-4477 EMPLOYEES - 38 ‚‚12 Landscape Architects ‚‚10 Planners ‚‚2 Transportation Planners ‚‚6 Landscape Designers ‚‚1 Irrigation Designer ‚‚3 GIS Analysts ‚‚1 Graphic Designer ‚‚3 Accounting CERTIFICATIONS ‚‚Small Business Enterprise (Metro & California Dept. of General Services) PLANNING SERVICES ‚‚Land Use | Transportation Planning ‚‚Active Transportation Planning ‚‚Resource Planning ‚‚Federal Planning LANDSCAPE ARCHITECTURE SERVICES ‚‚Civic and Public Works ‚‚Parks and Recreation ‚‚Healthcare ‚‚Education ‚‚Housing ‚‚Hospitality ‚‚Office and Commercial SUPPORT SERVICES ‚‚Public Outreach ‚‚GIS ‚‚3D Modeling and Simulations ‚‚Sustainable Design ‚‚Water Management ‚‚Grant Writing Community health concerns, air quality issues, climate change and ever-in- creasing energy costs are among the many factors driving the desire for more sustainable growth. An important component of this vision is planning that embraces complete streets. Whether achieved through the implemen- tation of smart growth principles, traffic calming, universal access, or more consistent integration of pedestrian and bicycle facilities within our rights-of- way, the technical challenges must be met by making our streets and com- munities complete and accessible to all users. KTUA brings together land use planners, transportation planners, sustainability experts, landscape architects, GIS analysts, outreach facilitators and graphic de- signers to focus on creating livable communities with mobility choices. KTUA has expanded the boundaries of a traditional planning and landscape architec- ture office by incorporating active transportation, land use and transportation planning and resource planning practices into our portfolio. This diversity pro- vides KTUA the ability to shape the big picture while addressing the fine-grain details that contribute to sustainable natural and built environments. COMPLETE STREETS/SAFE ROUTES EXPERIENCE: KTUA provides planning and design services for projects requiring the inte- gration of urban design and transportation, including pedestrian, bicycle, trail and transit facilities. Project types include active transportation plans, corridor master plans, alignment alternatives, design feasibility, safety evaluation, land use scenarios, urban design guidelines, sustainability best practices, active transportation strategies, transportation demand management strategies, SRTS and ADA accessibility. KTUA OFFERS: ‚Customized Solutions – Experience in researching and recommending inno- vative facility treatments and programs for specific issues. ‚Advanced Technology – GIS computer applications for producing alignment analysis, pedestrian and bicycle suitability modeling, maps, route selection, graphic production, estimating and 3-D visualizations. ‚Integrated Plans – Expertise in pedestrian, bikeway and trail planning and a commitment to the integration of recreation, land use planning, communi- ty design, urban design and non-motorized alternatives. ‚Safety – Pedestrian and bicycle safety factors, collision scenarios and countermeasures. ‚Design Sensitivity – Professional experience with the integration of urban design elements within environmentally and visually sensitive areas. KNOWLEDGE OF CITY, COUNTY AND STATE LAWS RELATED TO SCOPE: Qualified Plans – All plans prepared by KTUA comply with State, Federal Highway Administration, AASHTO, MUTCD standards, and NACTO guidelines. RECENT COMPLETED PROJECT EXPERIENCE: ‚City of Grand Terrace Active Transportation Plan ‚City of Vista Emerald Drive and Townsite Complete Streets ‚City of San Marcos Armorlite Drive Complete Street ‚City of Chula Vista Complete Streets Plan ‚City of Ontario Holt Boulevard Complete Street Plan ‚City of Atascadero Complete Street Plan G.11.a Packet Pg. 281 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 9 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience | CLIENT ‚‚PSOMAS ‚‚Augie Chang ‚‚619-961-2800 ‚‚achang@psomas.com SERVICES ‚‚Streetscape Design ‚‚3D Modeling STATUS ‚‚Ongoing 2019 PROJECT FEE ‚‚$31,750 KTUA KEY PERSONNEL ‚‚Mike Singleton ‚‚Stephen Nunez CITY OF CORONADO - AVENUE OF HEROES The Avenue of Heroes project celebrates the outstand- ing achievements of individuals in the U.S. military through a series of site elements along the Third and Fourth Street corridors. Although planned to extend along the full length of Third and Fourth Streets, the initial pilot project covers the first two blocks along Fourth Street. Lining either side of Fourth Street, plazas with decorative star paving treatments, pavers, and memorial plaques pay tribute to the unique military heroes and history of Coronado. Banner poles and light standards rhythmically placed along the street high- light the significance of the avenue and draw attention to its message. To supplement Coronado’s existing urban forest, flowering street trees provide a more continuous canopy. Blue stars in the pavement and blue LED accent lighting speak to the overall Blue Star Highway theme. CLIENT ‚‚City of National City ‚‚Steve Manganiello ‚‚619-336-4380 ‚‚SManganiello@ nationalcityca.gov STATUS ‚‚Completed 2013 SERVICES ‚‚Grant Writing ‚‚Green Street Design ‚‚Streetscape Design PROJECT FEE ‚‚$236,000 KTUA KEY PERSONNEL ‚‚Mike Singleton CITY OF NATIONAL CITY 8TH STREET CORRIDOR National City has been very proactive in developing a Complete Streets program in their downtown area. Leveraging various funding programs, including SANDAG’s Smart Growth grants, the City identified six blocks for an intensive downtown retail shopping district and another six blocks of pedestrian improve- ments and connections to the trolley station. KTUA prepared a number of street cross section alternatives for evaluation. The preferred alternative included a reduction in the number of traffic lanes, modified me- dians and pedestrian bulb-outs, along with street trees, innovative stormwater management facilities, historic lighting, banners, and street furnishings. A key feature of the project is the integration of a store- front improvement program, utility undergrounding, and the redevelopment of two blocks of infill projects with live-work lofts, ground floor open market space, artist lofts, and other residential development, includ- ing eight story rentals with affordable housing. The project ties together Kimball Park, Heritage Row, City Hall, and Morgan Plaza with A Street and 8th Street as the centerpiece of the project. A full range of pedes- trian safety improvements, lighting, and bike facilities encourage non-motorized mobility. Mixed uses and an efficient use of land, close proximity to several training and educational facilities, and support from bus and light rail transit contribute to smart growth principles and represent a valuable opportunity to support the existing community businesses. G.11.a Packet Pg. 282 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 10 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience CLIENT ‚‚City of Imperial Beach ‚‚Hank Levien ‚‚619-628-1369 STATUS ‚‚Completed 2010 SERVICES ‚‚Landscape Architecture PROJECT FEE ‚‚$ 67,000 CITY OF IMPERIAL BEACH PALM AVENUE TRAFFIC CALMING AND ECO-BIKEWAY KTUA worked with city representatives, the community and the civil engineer to provide streetscape improve- ments along Palm Avenue between 3rd and 7th Streets in the City of Imperial Beach. The project consists of a connection to the bikeway master plan, traffic calming, storm water management, landscape areas, and an art element. Traffic calming measures include bulb outs, designated pedestrian crossings, reduction of vehicular travel lanes, and incorporation of bike lanes. Storm wa- ter management practices were incorporated through the use of curb cuts for infiltration of run-off from the road into cobble lined bioswales. Installation of bub- blers and more efficient sprinkler heads, low water use plant material, and inorganic groundcover help to reduce the amount of water needed for irrigation. Palm trees were relocated from on-site planters into median islands and retained in existing planters to reduce over- all project cost and maintain the iconic look of mature palms along Palm Ave. “Green” surfboards were de- signed and incorporated into the planters to enhance the pedestrian experience and provide a gateway into Imperial Beach. CLIENT ‚‚City of Lemon Grove STATUS ‚‚Completed 2013 SERVICES ‚‚Streetscape Design PROJECT FEE ‚‚$78,000 KTUA KEY PERSONNEL ‚‚Mike Singleton AWARDS ‚‚APWA San Diego, 2014 ‚‚ASLA San Diego, 2014 CITY OF LEMON GROVE MAIN STREET PROMENADE The City of Lemon Grove secured a SANDAG Smart Growth grant for the redevelopment of a two-block section in their Downtown Village to create a linear park and grand public gathering space that provides critical pedestrian linkages to the adjacent transit sta- tion and open space. The concept required the continued use of the right- of-way for transportation purposes, so the linear park and pedestrian orientation of the project became the central theme. To allow for maintenance access to the trolley station and several major underground utility systems, this access was creatively incorporated into the linear plaza. The theme of “Where Yesterday, Today and Tomorrow Meet” plays off the city’s agricultural heritage and transitions to the sustainable future of our urban parks. Energy generating artistic sculptures (wind spire, solar tree and windmill), as well as an agricultur- al-themed playground and picnic area, encourages curiosity and exploration. Creative interpretive panels document the city’s rich history. G.11.a Packet Pg. 283 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 11 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience CLIENT ‚‚City of Chula Vista ‚‚Patricia Ferman ‚‚619-409-5887 ‚‚pferman@ci.chula-vista.ca.us SERVICES ‚‚Complete Street Planning ‚‚Public Outreach CITY OF CHULA VISTA MAIN STREET COMPLETE STREETS PLAN The City of Chula Vista’s Complete Streets analysis was funded as a Smart Growth Planning project from SANDAG. The scope for the 3.3 mile mixed use/indus- trial corridor included on-the-ground and GIS-based analysis of existing conditions, facilitation and synthesis of three community workshops, the development of design alternatives (including bike and pedestrian mo- bility, landscape corridor theme with points of interest), and on-going dialogue and bi-weekly meetings with the City of Chula Vista. The successful outcome of the project was facilitated through our emphasis on leading a carefully orches- trated public input strategy, providing technical and design vision, employing multiple computer tools and analytics to simplify complex ideas and information, and drawing on our strengths in mobility and manipu- lation of roadway geometries. The final product was a comprehensive conceptual master plan and report, created jointly with the city and community that addressed complete street con- cepts in specific detail, from crosswalks and medians, to landscape themes related to the proximity of San Diego Bay, the adjacent Otay Recreation area, and the vital commercial interests of Chula Vista Main Street. DOCUMENT: https://tinyurl.com/yattzj46 SERVICES ‚‚Complete Street Planning ‚‚Public Outreach PROJECT FEE ‚‚$75,000 KTUA KEY PERSONNEL ‚‚Mike Singleton ‚‚Tim Henderson RE-IMAGINE NORMAL STREET KTUA, in cooperation with the Hillcrest Business As- sociation and several volunteer design professionals, prepared detailed plans for the redevelopment of the Normal Street corridor from University Avenue to Wash- ington Street, including extensive plans for areas imme- diately adjacent to the Department of Motor Vehicles building. These plans reclaimed excessive rights-of-way for parkland, special event space, historic interpretive displays, and educational elements. The plans include a DMV plaza with driver educational displays, a shade shelter that can also be used for special events, and a courtyard with concession stand lease capability and more permanent facilities for the popular weekly Hill- crest farmers market. As part of this effort, the group organized a three-day Re-Imagine Normal Street event with full-scale creations of some of the proposed improvements, including bike and pedestrian facilities and parklands. The area was programmed with daytime and night time activities including concerts, pecha kucha style presentations, movies, yoga classes, food trucks and public art. Visitors were encouraged to learn more about the proposed project and provide comments about their vision for Normal Street. CLIENT ‚‚Hillcrest Business Assoc. ‚‚Benjamin Nicholls ‚‚619-299-3330 ‚‚benjamin@ hillcrestbia.org STATUS ‚‚Completed 2016 SERVICES ‚‚Complete Street Planning ‚‚Streetscape Design ‚‚Tactical Urbanism KEY PERSONNEL ‚‚Entire KTUA office G.11.a Packet Pg. 284 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 12 PROJECT FEE ‚‚$50,000 KTUA KEY PERSONNEL ‚‚Mike Singleton ‚‚Bernard Everling ‚‚John Holloway AWARDS ‚‚2017 APWA San Diego ‚‚2017 ASCE San Diego ‚‚2017 Circulate SD Connectivity Award 03 | ExpERIENCE AND QuAlIFICATIONs | KTUA Project Experience CITY OF ONTARIO HOLT BOULEVARD COMPLETE STREET PLAN Holt Boulevard was scheduled to be expanded to six lanes from its current four lane configuration, but a number of historic buildings would have required demolition. Under Complete Streets legislation, this original plan was revised to preserve the historic buildings and incorporate walking and cycling modes. Concepts to accommodate a future BRT system in the corridor were also evaluated. The study was funded by a Caltrans Environmental Justice/Community Transportation Planning Grant. KTUA conducted extensive workshops, and community surveys. Five alternative land and circulation scenarios were developed, with variations on transit, vehicular, and multi-modal focuses. KTUA conducted a compre - hensive review of traffic counts and levels of service for pedestrian, vehicle, bike and transit users. Advantages and disadvantages of each alternative were reviewed and ranked. An extensive computer model of the corridor was prepared that expressed the current urban form, land use distribution and architectural character of the area, and was were used in community presen- tations and workshops. Recommendations were made for lane geometry, traffic signals, signal synchronization, queue jumpers, dedicated lane markings, transit stops, mid-block pedestrian crossings, crosswalks, bike lanes, extended curb-bulb outs, street trees, banners, com- munity entry monumentation, wayfinding signage and historical markers. CLIENT ‚‚City of Ontario ‚‚Rudy Zeledon ‚‚909-395-2422 ‚‚rzeledon@ci.ontario.ca.us SERVICES ‚‚Transit, Complete Street, and Land Use Planning ‚‚Public Outreach DOCUMENT: http://bit.ly/2CPCnn1 STATUS ‚‚Completed 2013 PROJECT FEE ‚‚$193,000 KTUA KEY PERSONNEL ‚‚Mike Singleton ‚‚Joe Punsalan ‚‚Tim Henderson CITY OF SAN MARCOS ARMORLITE DRIVE COMPLETE STREET KTUA prepared a successful SANDAG Smart Growth grant application and then worked with the project civil engineer to design the Armorlite Drive Complete Street project and prepare construction documents. The project is a $3.3 million ground-up redevelopment of a former industrial street into a human-scaled resi- dential Complete Street. The site is within easy walking distance of Palomar College and the Sprinter line’s bus- iest light rail station, as well as the Inland Rail Trail and Mission Sports Park. The design includes a cycle track, dual mode crossings with bicycle signal heads, wide walkways with pedestrian-scale lighting and street trees, and mid-block crossings with in-pavement flash- ers, raised speed tables and offset path refuge medians. Project infrastructure includes low impact develop- ment features such as permeable paving, bio-swales, bio-retention basins and structural soils. This project represented a full spectrum of services including grant writing, developing Complete Streets/ traffic calming concepts, site design and construction drawings. KTUA provided construction document sup- port for the cycle track, as well as other street compo- nents, included planting, hardscape, street furnishings, irrigation systems, as well as drainage retention em- ploying Silva Cells to control stormwater runoff. CLIENT ‚‚City of San Marcos ‚‚Elias Gallegos ‚‚760 744-1050, Ext. 3225 ‚‚egallegos@san-marcos.net STATUS ‚‚Completed 2016 SERVICES ‚‚Complete Street Planning ‚‚Grant Writing ‚‚Streetscape Design G.11.a Packet Pg. 285 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 13 KTUA STAFFING PLAN KTUA utilizes the Resource Planning module of Deltek Vision for weekly staff scheduling, allowing us to accurately schedule staff resources with the appro- priate experience to meet project deadlines. Staffing responsibilities include the following: 1. The assigned project manager is involved in the review of the scope, the preparation of the fee and the contract negotiation. 2. The project manager works with the client to de- velop and validate the overall goals and objectives of the project, as well as identify project issues, requirements, budgets, milestones, deadlines, and design parameters. 3. A project schedule is developed by the project manager indicating all submittals and review periods. The QC manager reviews the schedule to assure that adequate time has been allocated for implementation of the quality control process, including review and coordination of consultant work, and corrections and revisions identified in the QC process. 4. The KTUA policy is to assign a team of experi- enced professionals that stay with the project from concept through completion, ensuring seamless integration from one phase to the next. Key KTUA personnel are available for the duration of the project. Key staff will not be removed or replaced without the prior consent of the City of Grand Terrace 03 | ExpERIENCE AND QuAlIFICATIONs | Team Organization City of Grand Terrace KTUA Mike Singleton Principal Transportation Planner KTUA Jacob Leon Assistant Project Manager Outreach Facilitator Stephen Nunez Landscape Designer Jorge Nozot Planner Silvia Fang GIS Analyst Stakeholders KTUA STAFF RESOURCES: 12 Landscape Architects, 6 Landscape Designers, 10 Planners, 2 Transportation Planners, 1 Irrigation Designer, 3 GIS Analysts, 1 Graphic Designer. Additional Capabilities such as Outreach Facilitators, Interpreters and Translators. Team members are not on the Grand Terrace On-Call list. KTUA Tim Henderson Project Manager Senior Landscape Architect G.11.a Packet Pg. 286 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 14 03 | ExpERIENCE AND QuAlIFICATIONs | Resumes | Mike Singleton | Principal Transportation Planner EDUCATION ‚‚B.S. Landscape Architecture, Cal Poly San Luis Obispo, 1981 REGISTRATIONS ‚‚2011 AICP Certified Transporta- tion Planner, exp. 2019 ‚‚2009 LEED-AP (Lifetime Certification) ‚‚1984 California Landscape Architect, PLA 2386 AFFILIATIONS ‚‚American Society of Landscape Architects ‚‚American Planning Association AWARDS ‚‚2018 APA City of National City Downtown Specific Plan (Best Comprehensive Plan - Small Jurisdiction); 2018 Circulate San Diego Momentum Award - Healthy Community ‚‚2015 Lemon Grove Main Street Phase 2, APA San Diego ‚‚2014 Lemon Grove Main Street Promenade, ASLA San Diego CURRENT WORKLOAD ‚‚City of National City Intracon- nect Project ‚‚Port of San Diego Chula Vista Bayfront Parks ‚‚County of San Bernardino Prado Park MP AVAILABILITY ‚‚20% Mike Singleton is the principal of KTUA’s planning team. He has a strong land use and transportation planning background focused on advanced transit planning, transit design, transit station area planning, complete streets anal- ysis, bike facility design, bike master plans, walking facility design, pedestrian master planning, parking demand management, transportation demand management and smart growth planning. He has successfully written and managed a number of grants, including applications through Caltrans, SAN- DAG and SCAG, primarily focused on active transportation, smart growth and healthy communities. City of Chula Vista Main Street Complete Street Plan Organized and directed the in-house understanding of the project challenges, solutions, and implementation of conceptual plans for this 3.3 mile segment of Main Street through a mixed industrial, commercial and residential area. Provided regular communication between the City of Chula Vista and the planning and design team to accomplish regular bi-weekly meetings and a series of three community workshops, integrating issues regarding transit, bike, and pedestrian mobility, roadway geometry and themed corridor design. City of Coronado Avenue of Heroes Principal planner/landscape architect for the design and coordination of the Avenue of Heroes light standards and banners along 4th Street. Project pro- posed light standards, banners, memorial plazas, and site furnishings along the existing sidewalk on 4th Street. 3D model and final design graphics were created and presented at City Hall. National City 8th Street Corridor Smart Growth Project Principal planner for this streetscape project that included road diets, angled parking, bulb-outs, pedestrian improvements and urban design. Phase 1 included creation of a conceptual plan and a SANDAG smart growth appli- cation. Phase II included refinement of the concepts, vetting of the plan with the public, and development of construction documents and construction budgets that resulted in a reconstructed and renovated downtown core for National City. Phase 3 included a downtown signage program with banners and directional signage as well as an over the roadway banner program. City of Ontario Holt Boulevard Complete Street Plan Principal planner for a Complete Streets Strategic Plan for Holt Boulevard in the City of Ontario. This six-mile segment of a major arterial in the historic core of the city was analyzed for improved bike use, walking environments and transit supportive design. Alternative urban design and streetscape treat- ments were recommended, including major district markers and gateways, along with a variety of stormwater runoff treatment options. Simulation and modeling tools were used to show the visual changes associated with expan- sions, building demolitions and new urban design treatments, as well as the addition of a transit only BRT lane with dedicated transit stations in median. City of Lemon Grove Main Street Promenade Principal landscape architect for site plans and concept elements for the Main Street Promenade project. Efforts included collaboration with the civil engineer and public artist to create a sense of place for the trolley area. The theme is based on capturing the history of the area, the energy of today and the promise of tomorrow through the site and streetscape design and selec- tion of site furnishings. The project encourages future adjacent smart growth by providing an environment where retail and public spaces help to support transit use, and social/physical activities associated with a linear urban park. G.11.a Packet Pg. 287 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 15 03 | ExpERIENCE AND QuAlIFICATIONs | Resumes | Tim Henderson | Project Manager | Senior Landscape Architect EDUCATION ‚‚Bachelor of Landscape Archi- tecture, Texas A&M University, 1992 REGISTRATION ‚‚2015, California Landscape Architect PLA 6058 AFFILIATION ‚‚American Society of Landscape Architects AWARDS ‚‚APWA 2008 - Torrey Pines Golf Course ‚‚APWA 2013 - I-805 at La Jolla Village Drive Interchange CURRENT WORKLOAD ‚‚Southwestern College Land- scape Horticulture Center ‚‚City of Carlsbad Beach Access AVAILABILITY ‚‚40% As a Senior Associate with KTUA, Tim Henderson has field experience with all phases of the design process from conceptual design through construction on multi-million dollar projects. He was the design landscape architect for the extension of the Mid-Coast Corridor San Diego Trolley from Old Town to University Town Center. Through this process, Tim coordinated with a large team of engineering consultants and agency representatives, and has partici- pated in extensive quality control training. Tim has a demonstrated ability to effectively interface with a diverse group of professionals, technicians, engineers, architects, vendors, contractors, and internal and external management teams. He is highly organized while main- taining a strong orientation to detail/quality of work. City of Chula Vista Main Street Project landscape architect responsible for all bikeway/roadway design con- cepts, bikeway/roadway cross sections, landscape design options and MTS bus station design. Responsible for preserving historical designated proper- ties along the corridor and coordinating with city staff and team. City of Ontario Holt Boulevard Complete Street Plan Project designer/project manager responsible for all roadway design con- cepts, roadway cross sections, landscape design options and BRT Station design. Responsible for preserving historical designated properties along the whole corridor. City of San Diego Harbor Drive Segment of Bayshore Bikeway Landscape architect for the analysis and design of a 2.5-mile major roadway reconfiguration as a Complete Street system. Designed streetscape im- provements and reconfiguration of adjacent parking lots to meet City codes. Designed stormwater runoff, permeable concrete, infiltration trenches and bio-swales and on-street bike lanes. City of Encinitas Coastal Rail Trail Project landscape architect for the design of a 1.3 mile segment of the Coastal Rail Trail. The primary task was to develop landscape construction documents for Coast Highway from the Santa Fe undercrossing south to Chesterfield Drive. The design includes trailside gathering areas, drought tol- erant/native containerized planting at the trail perimeter, bioswales to collect run-off in the parking areas and the design of an efficient irrigation system to irrigate the plantings at the trailside. City of Valley Center Road Medians Landscape designer/project manager for the preparation of visual simula- tions, conceptual plans and planting and irrigation construction documents for 2 miles of 7 to 14 foot wide medians on Valley Center Road. Conceptual plans were presented to the community group for input. Plans were de- signed to County of San Diego standards and include native and low water use plant materials suitable for the rural community environment. Phase two of the project included design of a multi-use trail parallel to the roadway. G.11.a Packet Pg. 288 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 16 03 | ExpERIENCE AND QuAlIFICATIONs | Resumes | Jacob Leon | Assistant Project Manager | Outreach Facilitator EDUCATION ‚‚Bachelor of Landscape Ar- chitecture, Cal Poly, San Luis Obispo, 2013 REGISTRATION ‚‚2014, LEED Green Associate AFFILIATIONS ‚‚American Society of Landscape Architects ‚‚Association of Pedestrian and Bicycle Professionals SPECIAL SKILLS ‚‚Spanish fluency CURRENT WORKLOAD ‚‚City of Placentia Urban Greening Plan ‚‚City of Santa Ana ATP ‚‚City of Rialto ATP AVAILABILITY ‚‚30% Jacob Leon is a senior planner and outreach manager at KTUA. His project responsibilities entail network and facility design, public outreach, technical drafting and 3D modeling. He is an integral member of KTUA’s tactical ur- banism team, raising public awareness of the benefits of thoughtful urban design, safe pedestrian and bicycle accessibility, and green infrastructure. His strong background in 3D modeling and graphic design allows him to produce effective digital and printed media to help communicate design concepts. His experience in mobility planning projects include active transportation plans, complete streets plans, bicycle and pedestrian master plans. These projects entail network and facility design, public outreach, technical drafting and 3D modeling. His experience in landscape architecture includes feasibility studies, site analysis and park design. His passion for the outdoors and nature inspires him to advocate for holistic urban design. City of Grand Terrace Active Transportation Plan Project planner responsible for scheduling project meetings, coordinating community outreach events, Spanish translation and interpretation, project analysis, recommendations and document design. Actively involved in con- ducting all school walk audits and analyzing the information collected. City of Vista Emerald and Townsite Drive Complete Streets Senior planner/outreach facilitator. Assisted with the development of com- plete street and traffic calming concepts to improve multi-modal access throughout the project corridors. Assisted in planning necessary exhibits for community workshops as well as attended all community workshops. Span- ish interpretation and translation were also provided. City of Atascadero El Camino Real Corridor Plan Senior planner/outreach facilitator. Assisted with the development of complete street, traffic calming, and placemaking concepts to improve multi-modal access throughout the project corridor. Assisted in planning necessary exhibits for community workshops. City of Santa Ana Downtown Zone Complete Streets Plan Project planner responsible for branding the project by creating fun, attrac- tive and unique logos and support graphics for flyers, postcards and digital media. Assisted the team with all community outreach coordination, work- shop support and Spanish translation. Assisted in developing pilot projects with a “Complete Streets” approach emphasizing safe access for pedestri- ans, bicyclists, motorists and transit riders of all ages and abilities. Created 3D models and support graphics to communicate the designs. Assisted in developing a project film that showcases the project process from the initial three-day workshop to the development of the top ten pilot projects. City of San Diego City Heights Urban Greening Plan Project planner responsible for developing materials for community work- shops such as charts, maps, and surveys. Data from community surveys was digitized and transferred to GIS for future analysis. Spanish translation and assistance for all written products and during workshops was also provided. Helped develop pilot projects throughout the study area with an emphasis on storm water Best Management Practices (BMPs) and urban forestry. 3D models and graphics were created to help communicate the designs. G.11.a Packet Pg. 289 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 17 EDUCATION ‚‚B.S. Landscape Architecture, Cal Poly San Luis Obispo, 2014 AFFILIATION ‚‚American Society of Land- scape Architects REGISTRATION ‚‚California Landscape Architect PLA #6396 AWARDS ‚‚Civic San Diego Southcrest Trails Park, 2018 APWA San Di- ego Project of the Year (Under $2M); ASLA San Diego 2018, Judge’s Letter, Parks, Trails and Recreation ‚‚Lemon Grove CONNECT Main Street 2016 APA San Diego Merit Award; 2015 Circulate San Diego Mobility Award CURRENT WORKLOAD ‚‚Port of San Diego Chula Vista Bayfront Parks ‚‚City of Coronado Avenue of Heroes and Orange Avenue Medians AVAILABILITY ‚‚40% 03 | ExpERIENCE AND QuAlIFICATIONs | Stephen Nunez | Landscape Designer Stephen is a skilled landscape architect at KTUA with experience working on a variety of projects including housing projects, public parks, transit oriented projects, and visual impact assessments. His educational background at Cal Poly provided him with a special appreciation for the bio-diversity found in the state of California as well as a good understanding of the unique limita- tions presented by it. Stephen’s interest in art and natural systems combined with his grasp of digital and traditional media have allowed him to make unique contributions during conceptual design generating and visualizing possible solutions, and producing project simulations.  City of Lemon Grove Main Street Promenade Landscape designer for the streetscape project connecting Lemon Grove’s city hall to the existing Main Street Promenade project. KTUA led the design and oversaw the construction administration for landscape construction, irrigation, and planting. Interpretive signs, site furnishings and a widening and expansion of the sidewalk were all design features proposed as part of this project. Specific responsibilities included: Construction plans and details, coordinated lighting placement and production of photometric plans with lighting vendor, irrigation plans and details, planting plans and details, con- struction administration including site visits and submittals. City of Coronado Avenue of Heroes Landscape designer for the design and coordination of the Avenue of Heroes light standards and banners along 4th Street. The project includes light standards, banners, memorial plazas, and site furnishings along the existing sidewalk on 4th Street. 3D model and final design graphics were created and presented to city staff. City of Carlsbad Ocean Street Beach Access Improvements Senior designer assisting with construction drawings for beach access im- provements in Carlsbad. The improvements consisted of refurbishing seven existing access routes down to the beach. KTUA successfully accommodated the grade change and narrow characteristics of each access route required with individual innovative design solutions that linked into the existing design character of the City of Carlsbad. Specific responsibilities included: Construction plans and details, planting palette, concept sketches, plans and details, product research and construction coordination with vendors, site visits, and team coordination. Additional Project Experience ‚City of Carlsbad Valley and Magnolia Simulations ‚City of Hemet Mobility Hub ‚City of Encinitas Interstate 5/Santa Fe Drive Southbound Ramps ‚City of San Diego North Park Mini-Park G.11.a Packet Pg. 290 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 18 04 | sChEDulE & REFERENCEs | PROJECT City of National City 8th Street Corridor Plan AGENCY & CONTACT NAME City of National City; Steve Manganiello PHONE & EMAIL 619-336-4380; SManganiello@nationalcityca.gov KTUA KEY STAFF & PROJECT DATE Mike Singleton; 2013 PROJECT City of Ontario Holt Boulevard Complete Street Plan AGENCY City of Ontario; Rudy Zeledon PHONE & EMAIL 909-395-2422; rzeledon@ci.ontario.ca.us KTUA KEY STAFF & PROJECT DATE Mike Singleton, Joe Punsalan, Tim Henderson; 2013 PROJECT City of Chula Vista Main Street Complete Streets Plan AGENCY City of Chula Vista; Patricia Ferman PHONE & EMAIL 619-409-5887; pferman@ci.chula-vista.ca.us KTUA KEY STAFF & PROJECT DATE Mike Singleton, Tim Henderson; 2014 1 2 3 4 5 6 7 8 Task 1 Project Management 1.1 Kick-off meeting 1.2 Coord. Meeting / Phone conference calls Task 2 Existing Conditions Data Collection 2.1 Data collection 2.2 Coordination with existing plans 2.3 Base files set up Task 3 Community Engagement 3.1 Outreach to neighbors and stakeholders 3.2 Workshop # 1 Preparation / QA/QC 3.3 Workshop #1 3.4 Workshop #2 Preparation / QA/QC 3.5 Workshop #2 Task 4 4.1 30% - Schematic conceptual designs (WS#1) 4.2 100% - Schematic conceptual designs (WS#2) 4.3 QA/QC Review 4.4 30% - Draft document 4.5 Preliminary cost estimate Task 5 100% Document & Design Development Plan 5.1 Final - Design development plan 5.2 100% Document 5.3 QA/QC Final review 5.4 Final cost estimate 5.5 Fly-through 3D Model 5.6 City council presentation TBD Draft Document & Schematic Design Phases Weeks City of Grand Terrace Barton Road Streetscape Plan G.11.a Packet Pg. 291 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 19 05 | INsuRANCE | The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. 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COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8/31/2018 Cavignac & Associates450BStreet, Suite 1800SanDiego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Indemnity Co of Conn 25682 KTU&APL-01 Travelers Property & Casualty Company of America 25674KTU+A Planning & Landscape Architecture3916Normal StreetSanDiego CA 92103 Berkley Insurance Company 32603 Property & Casualty Ins. Co. of Hartford 34690 104961338 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X 6801H979452 9/1/2018 9/1/2019 2,000,000 A 1,000,000 XX X NoOwnedAutos BA1C934192 9/1/2018 9/1/2019 B X 3,000,000 X 0 CUP1C934653 X 3,000,000 9/1/2018 9/1/2019 D 72WEGGG6436 9/1/2018 9/1/2019 X 1,000,000 1,000,000 1,000,000 CB Professional LiabilityERISA AEC9022652036801H979452 9/1/20189/1/2018 9/1/20199/1/2019 Ea Claim/AggregLimit $2M/$4M$500,000 Re:KTU+A Retirement Savings Plan. Specimen Certificate G.11.a Packet Pg. 292 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape CITY OF GRAND TERRACE | Barton Road Streetscape Plan | 20 06 | BuDGET | Fees KTUA Senior Principal Senior Associate Associate Senior Planner/ Designer Senior Planner/ Designer Planner/ Designer Mike Singleton Tim Henderson Jacob Leon Stephen Nunez Silvia Fang Jorge Nozot $165 $145 $125 $115 $115 $105 Task 1 1.1 Kick-off meeting 6 6 Travel $0 1.2 Coord. Meeting / Phone conference calls 10 10 $0 Sub-total Hours:0 16 16 0 0 0 Materials:$0 Sub-total Costs:$0 $2,320 $2,000 $0 $0 $0 Labor:$4,320 Total for Task 1:$4,320 Task 2 2.1 Data collection (with kick off meeting)6 6 Travel $60 2.2 Coordination with existing plans 1 1 3 $0 2.3 Base files set up 0 0 0 8 $0 Sub-total Hours:0 7 7 3 0 8 Materials:$60 Sub-total Costs:$0 $1,015 $875 $345 $0 $840 Labor:$3,075 Total for Task 2:$3,135 Task 3 3.1 Outreach to neighbors and stakeholders 1 1 8 8 8 Print, Travel $150 3.2 Workshop # 1 Preparation / QA/QC 1 1 1 9 9 3 $0 3.3 Workshop #1 8 8 8 8 Print, Travel $200 3.4 Materials for Public Dissemination / Survey 3 4 $0 Sub-total Hours:2 10 20 25 29 3 Materials:$350 Sub-total Costs:$330 $1,450 $2,500 $2,875 $3,335 $315 Labor:$10,805 Total for Task 3:$11,155 Task 4 4.1 30% - Schematic conceptual designs (WS#1)1 8 15 18 18 2 $0 4.2 100% - Schematic designs 1 5 12 12 12 2 $0 4.3 QA/QC Review 1 2 3 3 3 2 $0 4.4 30% - Draft document 3 8 8 18 Print $100 4.5 Preliminary cost estimate 1 2 2 2 $0 Sub-total Hours:3 19 40 35 43 24 Materials:$100 Sub-total Costs:$495 $2,755 $5,000 $4,025 $4,945 $2,520 Labor:$19,740 Total for Task 4:$19,840 Task 5 5.1 Final - Design development plan 1 2 10 16 16 $0 5.2 100% Document 1 2 16 10 24 Print $100 5.3 QA/QC Final review 1 3 5 2 2 2 $0 5.4 Final cost estimate 1 3 $0 5.5 Fly-through 3D Model 1 8 12 26 $0 5.6 City council presentation 8 8 Travel $110 Sub-total Hours:3 17 50 30 28 52 Materials:$210 Sub-total Costs:$495 $2,465 $6,250 $3,450 $3,220 $5,460 Labor:$21,340 Total for Task 5:$21,550 Total Hours:8 69 133 93 100 87 Materials:$720 Total Costs:$1,320 $10,005 $16,625 $10,695 $11,500 $9,135 Labor:$59,280 Total $60,000 100% Document & Design Development Plan Draft Document & Schematic Design Phases Expenses Community Engagement City of Grand Terrace Barton Road Streetscape Plan Type Cost Project Management Existing Conditions Data Collection G.11.a Packet Pg. 293 Attachment: Proposal_Grand Terrace Barton Rd Streetscape_Revised [Revision 1] (Award of Contract to KTUA for Barton Road Streetscape G.11.b Packet Pg. 294 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 295 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 296 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 297 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 298 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 299 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 300 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 301 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 302 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 303 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 304 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 305 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 306 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 307 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 308 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 309 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 310 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 311 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 312 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 313 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 314 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 315 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 316 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 317 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 318 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 319 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 320 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 321 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 322 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 323 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 324 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 325 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 326 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) G.11.b Packet Pg. 327 Attachment: GT KTUA Agreement Barton Road (Award of Contract to KTUA for Barton Road Streetscape Plan) Consultant List Barton Road Streetscape Firm Name Address Kimley Horn 3880 Lemon Street, Suite 420 KTUA 3916 Normal Street DKS Associates 2401 E. Katella Avenue, Suite 425 Alta Planning 233 A Street, Suite 703 Advantec Consulting Engineers 1200 Roosevelt Kittelson & Associates Inc 750 The City Drive South, Suite 410 Fehr & Peers 8141 E. Kaiser Blvd., Suite 110 Transtech Engineers 413 W MacKay Dr, San Bernardino, CA City Place Planning 501 West Broadway, Suite A-143 MIG 1500 Iowa Avenue, Suite 110 Michael Baker International 3536 Concours Street, Suite 100 Riverside, CA 92501 San Diego, CA 91203 Anaheim, CA 92806 San Diego, CA 92101 Irvine, CA 92620 Orange, California 92868 Anaheim, CA 92808 San Bernardino, CA 92408 San Diego, California 92101 Riverside, CA 92507 Ontario, CA 91764 G.11.c Packet Pg. 328 Attachment: Consultant List - Barton Road Streetscape (Award of Contract to KTUA for Barton Road RESOLUTION NO. 2019-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN EXPENDITURE OF BOND PROCEEDS TO CONTRACT FOR PROFESSIONAL SERVICES FOR THE BARTON ROAD STREETSCAPE PLAN WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace, (“Redevelopment Agency”) was formed for the purpose of revitalizing areas within the City of Grand Terrace pursuant to Health and Safety Code Section 33000, et seq.; and WHEREAS, pursuant to Assembly Bill 1x26, enacted on June 28, 2011, and Assembly Bill 1484, enacted on June 27, 2012, (collectively the “Dissolution Act”), the Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, on January 10, 2012, the Grand Terrace City Council adopted Resolution 2012-01, pursuant to Part 1.85, of the Dissolution Act, by which the City Council elected to serve as the Successor Agency to the Redevelopment Agency upon the dissolution of the Redevelopment Agency under AB 26 (“Successor Agency”) commencing on February 1, 2012; and WHEREAS, pursuant to Health and Safety Code section 34191.4(c), after a successor agency has received a finding of completion from the State Department of Finance (“DOF”), a Successor Agency, with the approval of its Oversight Board, may list enforceable obligations to expend excess bond proceeds on its Recognized Obligation Payment Schedule (“ROPS”), so long as such expenditures are consistent with the bond covenants; and WHEREAS, the Successor Agency received a Finding of Completion from the DOF on May 9, 2013; and WHEREAS, the Successor Agency has excess bond proceeds from the $15,175,000 Grand Terrace Redevelopment Agency’s Community Redevelopment Project Area 2011A Tax Allocation Bonds (“Bond Proceeds”) which were issued for the purpose of financing public improvements within the Project Area; and WHEREAS, the DOF approved a Bond Proceeds Expenditure Agreement between the Successor Agency and the City of Grand Terrace (“City”) enabling the City to expend or allocate the Bond Proceeds for expenditures consistent with the applicable covenants of the 2011 Tax Allocation Bonds (“2011 TAB”); and WHEREAS, the expenditure approved in this Resolution is a public improvement within the intent and purpose the 2011 TAB and is consistent with the 2011 TAB covenants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: G.11.d Packet Pg. 329 Attachment: Resolution Use of Bond Proceeds-BR Streetscape [Revision 2] (Award of Contract to KTUA for Barton Road Streetscape Plan) Resolution 2019-__ Page 2 of 2 SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated herein as findings and a material part of this Resolution. SECTION 2. The City Council hereby authorizes the expenditure of Bond Proceeds in the amount of Sixty Thousand Dollars and No Cents ($60,000.00) to contract for professional planning services for the preparation of the Barton Road Streetscape Plan. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4. This Resolution shall go into full force and effect immediately. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 9th day of April, 2019. ________________________________ Darcy McNaboe Mayor ATTEST: ________________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra City Attorney G.11.d Packet Pg. 330 Attachment: Resolution Use of Bond Proceeds-BR Streetscape [Revision 2] (Award of Contract to KTUA for Barton Road Streetscape Plan)