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04/23/2019
CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY AGENDA ● APRIL 23, 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 Cit y’s website at www.grandterrace-ca.gov. CALL TO ORDER Convene City Council and City Council as the Housing Authority 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 A. SPECIAL PRESENTATIONS - NONE Agenda Grand Terrace City Council and Housing Authority April 23, 2019 City of Grand Terrace Page 2 B. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the C onsent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 04/09/2019 DEPARTMENT: CITY CLERK 3. Attachment to Minutes - Regular Meeting - 04/09/2019 DEPARTMENT: CITY CLERK 4. City Department Monthly Activity Report - March 2019 RECOMMENDATION: Receive and file. DEPARTMENT: CITY MANAGER 5. February-2019 Monthly Financial Report RECOMMENDATION: Receive and file the February-2019 Monthly Financial Report. DEPARTMENT: FINANCE 6. Second Reading and Adoption of an Ordinance Adding Chapter 12.56 to the Municipal Code to Regulate Wireless Telecommunication Facilities in the Public Right of Way RECOMMENDATION: 1. Read by title only, waive further reading and adopt 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 DEPARTMENT: PUBLIC WORKS 7. Quarterly Business License Report Ending March 31, 2019 RECOMMENDATION: Receive and file the Quarterly Business License Report ending March 31, 2019. DEPARTMENT: FINANCE Agenda Grand Terrace City Council and Housing Authority April 23, 2019 City of Grand Terrace Page 3 8. Resolution Adopting List of Projects Proposed to be Funded by SB 1 2019-2020 RECOMMENDATION: Adopt Resolution No. 2019-20 approving the list of projects to be submitted to the California Transportation Commission (CTC) for Road Maintenance and Rehabilitation Account (RMRA) funding DEPARTMENT: PUBLIC WORKS C. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. D. CITY COUNCIL COMMUNICATIONS Council Member 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 Agenda Grand Terrace City Council and Housing Authority April 23, 2019 City of Grand Terrace Page 4 G. NEW BUSINESS 9. Professional Services Agreement with KTUA to Prepare the Michigan Street Walkability/Complete Street Plan and Appropriation of Bond Funds Thereof in the Amount of $74,509.00 RECOMMENDATION: 1. Approve a Professional Services Contract with KTUA in the amou nt of $74,509.00 for preparation of the Michigan Street Walkability/Complete Street Plan, subject to City Attorney approval as to form; 2. Authorize the City Manager to Execute the Contract, subject to City Attorney approval as to form; 3. Appropriate $74,509.00 from the General Fund 2011 Bond Proce eds 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 10. Approve Contract for Traffic Signal Modification Design Services with Albe rt A. Webb Associates and Authorize Expenditure of $9,140 in Spring Mount ain Ranch Traffic Mitigation Funds for Said Contract RECOMMENDATION: 1. Approve Contract with Albert A. Webb Associates for Professional Services to Provide Traffic Engineering Services for the Signal Modification Project, in the amount of $9,140; 2. Authorize the City Manager to sign the Contract subject to City Attorney approval as to form; and 3. Authorize the appropriation of $9,140 the Spring Mountain Ranch Mitigation Fund fund balance for the above-mentioned contract. DEPARTMENT: PUBLIC WORKS 11. Approval of MOU with City of West Hollywood to Transfer $200,000 of Rule 20A Funds to West Hollywood in Exchange for $100,000 and Authorize Use the Proce eds for Law Enforcement Purposes RECOMMENDATION: 1. Authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Grand Terrace and City of West Hollywood, subject to City Attorney approval as to form, whereby the City will transfer $200,000 in Rule 20A Funds to West Hollywood in Exchange for $100,000; and Agenda Grand Terrace City Council and Housing Authority April 23, 2019 City of Grand Terrace Page 5 2. Authorize the City Manager to Send a Letter to SCE, Directing SCE to Transfer $200,000 of Rule 20A Allocation from Grand Terrace’s Allocation to the City of West Hollywood; and 3. Authorize Revenue and Expense appropriations to the Public Safety Fund (General Fund sub-fund) to Place Proceeds Derived from the MOU for the Express Purpose of Enhanced Law Enforcement Services in Fiscal Year 2018/2019 in the amount of $100,000 respectively. DEPARTMENT: CITY MANAGER 12. Priorities Workshop RECOMMENDATION: Approve the Priorities Workshop scheduled for May 15, 2019 at 6:00pm. DEPARTMENT: CITY MANAGER 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 report 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 request 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. Evaluation of Zoning Near School Properties Requested By: Council Member Jeffrey Allen I. CITY MANAGER COMMUNICATIONS Agenda Grand Terrace City Council and Housing Authority April 23, 2019 City of Grand Terrace Page 6 J. RECESS TO CLOSED SESSION CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 (CITY OF GRAND TERRACE) Property: 22273 Barton Road, APN 1167-231-02 City Negotiators: G. Harold Duffey, City Manager Adrian Guerra, City Attorney Negotiating parties: To be determined Under negotiation: Price and terms of payment 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 (HOUSING AUTHORITY OF GRAND TERRACE) Properties: 22317 Barton Road, APN 1167-231-01 and 22293 Barton Road, APN 1167-311-01 Housing Authority Negotiators: G. Harold Duffey, Executive Director Adrian Guerra, General Counsel Negotiating Parties: To be determined Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION K. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, May 14, 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 processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● APRIL 9, 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 at 6:00 p.m. INVOCATION The Invocation was given by Mayor Pro Tem Doug Wilson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Assistant City Attorney Robert Khuu. 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 Presentation of Proclamation for Child Abuse Awareness Month Presentation of Proclamation for DMV/Donate Life California Month. Presentation of the California Mayors Cyber Cup Inland Empire/Desert Trophy to the City Council by the Grand Terrace High School Cyber Titan Club B.2 Packet Pg. 7 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 2 B. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 03/26/2019 3. Attachment to Minutes – Regular Meeting - 03/26/2019 4. Planning Commission, Historical & Cultural Activities Committee, and Parks & Recreation Advisory Committee Meeting Minutes RECEIVE AND FILE. 5. Approval of Check Register No. 03312019 in the Amount of $273,714.33 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. C. PUBLIC COMMENT Johan Gallo, Grand Terrace suggested that City Council take a hard look at its budget to look for cuts and to have reallocations for budget for the sheriff’s department. Heather Perry, District Representative for Dawn Rowe, Third District Supervisor wanted to introduce herself to the City Council and its residents. She brought the following updates: · 911 Text · Increase in Spanish speaking representatives for 211 · Vision for Safety Bobbie Forbes, Grand Terrace suggested the City allow lost and found pet signs. D. CITY COUNCIL COMMUNICATIONS Sub-Committee/Ad Hoc Committee Communications 6. Council Ad-Hoc Committee (National Orange Show- Noise Complaints) Update Mayor Pro Tem Wilson provided an update on a meeting that was he ld with Council Member Robles, City Manager Duffey, City Attorney Guerra and members of National Orange Show (NOS). Discussion was held regarding the City’s concerns, control, low B.2 Packet Pg. 8 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 3 frequency noise, health issues, liability issues, and quality of life issues of the City’s residents. The Committee is going to engage with NOS and a consultant to evaluate impacts, consult with the City of San Bernardino to see whether it has authority to regulate the show and encourage residents to share their concerns and complaints. RECEIVE AND FILE THE AD-HOC COMMITTEE UPDATE AND/OR PROVIDE DIRECTION TO STAFF AND AD HOC COMMITTEE RESULT: NO ACTION TAKEN Council Member Jeff Allen Council Member Jeff Allen attended the Water Education for Latino Leaders Conference in Long Beach on March 28-29, 2019 · Visited Carson Treatment Plant · Attended seminars highlighting: o How many people in California are lacking safe water o New regulations brought down on City’s to clean up their trash o Southern California Edison power safety shutoffs o Installation of high density cameras installed throu ghout California for SCE’s area of the forest Council Member Allen asked what pesticides and insec ticides the City uses in its dog park. He would like some feedback on that request. Council Member Bill Hussey Council Member Bill Hussey was notified about a hand cart vendor in the City hanging out near the middle school. His concern with this type of vendor is no business license on file nor a health card. He wants to keep the City at a certain level of cleanliness, and he is concerned having this type of vending located around the local schools due to the possibility of illegal activity that might go along with it. Council Member Sylvia Robles Council Member Sylvia Robles attended the League of California Cities Revenue and Taxation Policy Committee on March 29, 2019 and discussed the following: · Budget Update · Proposed Legislative Update · Pension Reform Update · Cal Fire Ruling on Airtime - Not a Vested Pension Benefit · Unfunded Liabilities and Health Care for Retiree Benefits · Cities to receive a minimum $200,000 in grants to improve local parks from Prop. 68. Cities are also eligible to apply for over $1 billion in additional funding for parks, safe drinking water, recycling and flood protection. B.2 Packet Pg. 9 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 4 · Prop. 1, a $4 billion housing bond approved by voters in November 2018, represents the first infusion of new housing funds in nearly a decade. Governor Newsom has committed to expedite the allocation of these funds in 2019. · Governor Newsom’s ambitious plan for providing more housing stock. · Senate Bill 2 will be available for funding and updating general, specific and community plans. There will be funding available to help cities whose planning efforts are too costly and take a back seat to public safety and more urgent priorities. · Prop 1 Housing Funds: With the elimination of redevelopment in 2011 and no state housing bond since 2006, Prop. 1, a $4 billion housing bond approved by voters in November 2018, represents the first infusion of new housing funds in nearly a decade. Governor Newsom has committed to expedite the allocation of these funds in 2019. Cities should be partnering now with local developers and non-profits and prepare to apply for funding to build affordable housing. · Billions in Cap and Trade Funding · $500 million annually for low income housing tax credits · $500 million to the California Housing Finance Agency for moderate income housing production · $500 million housing emergency shelters · Environmental streamlining for construction · Senate Bill 128 proposes to remove the existing 55% voter requirement for infrastructure financing district bond issuance. · Discussion held with Senator John Moorlach regarding the state of affairs of finances for the State of California. Mayor Pro Tem Doug Wilson Mayor Pro Tem Doug Wilson encouraged residents when opening doors for vendors. If you choose to utilize their services, please be sure to obtain their contractor’s license, insurance information and proof of a business license. Mayor Pro Tem Wilson announced that Grand Terrace resident, Kory Sorensen passed away last week, and services will be held this weekend, April 13, 2019 in American Fork, Utah. Mayor Darcy McNaboe On March 28, 2019, Mayor Darcy McNaboe attended the State of the Region with Dr. John Husing who presented: · Inland Empire Economic Forecast: o Continued job creation o Falling poverty rate o Job growth is continuing but will slow in the future o Possible recession coming in 2020 o Dangers in the economy are tariffs, national government shutdown, and B.2 Packet Pg. 10 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 5 other perceived policy chaos at the national level o Hollowing out of the middle class o Affordability of housing o Cost of electricity o Lack of educational attainment On April 3, 2019, Mayor McNaboe attended the board meeting for Omnitrans and discussed the following: · Ad-Hoc Committee forming between Omnitrans and the San Bernardino County Transportation Authority · Access Program’s quality of service continues to decline · Public Hearings scheduled between April 2, 2019 through April 10, 2019 o Preparation for Presenting the Fiscal Year 2020 Service Plan to the Board of Directors in May with the primary item of discussion - Fare Increase Mayor McNaboe attended the April 3, 2019 San Bernardino Cou nty Transportation Authority Board meeting and discussed the following: · Quarterly Conference with Legal Counsel · Appointed New General Counsel beginning June 1, 2019 · Approved Funds to the State Route 18 Project in Apple Valley · Authorized the Signing of a Facilities Relocation Agreement with Southern California Edison for the main line construction of the Redlands Passenger Rail Project · Received a report on the Inland Economic Growth and Opportunity Initiative 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. Robert Khuu, Assistant City Attorney gave the Power Point presentation for this item. B.2 Packet Pg. 11 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 6 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. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 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 Vaccinations) Sandra Molina, Planning and Development Services Director gave the Power Point presentation for this item. PUBLIC COMMENT Jeremy Rivera, Grand Terrace believes the language in the adoption of a new chapter regarding animal control, animal licensing and vaccinations is va gue and needs to be tightened up. He also is opposed to the ordinance limiting the number of dogs residents are allowed. Jeremy Briggs, Grand Terrace is opposed to the ordinance limiting the number of dogs residents are allowed. Tricia Hollis, Grand Terrace is opposed to the ordinance limiting the number of dogs residents are allowed and would like the City to come up with a comprehensive licensing process. Bobbie Forbes, Grand Terrace is opposed to the ordinance limiting the number of dogs residents are allowed. Debra Thomas, City Clerk read Kim Stromwall’s email into the record who requested the City Council allow three dogs per household. City Clerk Thomas summarized Debbie Winningham’s email requesting that the City increase the code to a maximum of five to six pets per household and provided the City Council with a list of subsidized spay/neuter/vaccination clinics in the area. B.2 Packet Pg. 12 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 7 After some discussion addressing the concerns of residents and the number of dogs allowed, the definition of vicious dogs and licensing, it was recommended by the City Council to hold a workshop with a community group to revise the City ordinance and come to an agreement with what is reasonable. RESULT: NO ACTION TAKEN 9. April 2019 Award of Community Benefit Funds in the Amount of $310.00 to the REC Center for 2019 Easter Egg Hunt Activity Cynthia Fortune, Assistant City Manager gave the Power Point presentation for this item. APPROVE THE COMMUNITY BENEFIT FUND (CBF) GRANT APPLICATION FOR $310.00 FOR THEIR 2019 EASTER EGG HUNT ACTIVITY. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 10. Professional Services Agreement with KTUA to Prepare the Grand Terrace Active Transportation Plan and Appropriation of Bond Funds Therefore This item was pulled and will be brought back to the April 23, 2019 City Council meeting. RESULT: NOT DISCUSSED 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 Sandra Molina, Planning & Development Services Director gave the Power Point presentation for this item. 1. APPROVE A PROFESSIONAL SERVICES CONTR ACT 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. B.2 Packet Pg. 13 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) Minutes Grand Terrace City Council April 9, 2019 City of Grand Terrace Page 8 RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Bill Hussey, Council Member AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Jeff Allen ABSENT: Doug Wilson H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL None. I. CITY MANAGER COMMUNICATIONS G. Harold Duffey, City Manager provided the City Council with the following event details: April 13, 2019 8 am - 12 pm Volunteer Pickup, Paint, and Plant with check in located at 22441 Barton Road. May 5, 2019 1 pm - 4 pm. Grand Terrace Art Show, sponsored by the Grand Terrace Historical & Cultural Activities Committee to be held in the City Hall Community Room. J. CLOSED SESSION - NONE K. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, April 23, 2019 at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra Thomas, City Clerk B.2 Packet Pg. 14 Minutes Acceptance: Minutes of Apr 9, 2019 6:00 PM (Consent Calendar) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● APRIL 9, 2019 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO April 9, 2019 City Council Minutes PowerPoint Presentations B.3 Packet Pg. 15 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 1| Statewide Sponsors Highlights February 23, 2019 2| What is the Mayors Cyber Cup?A statewide competition hosted in regions throughout California. Where communities come together to learn about cybersecurity and celebrate students participating in cyber competitions. Teams competing for their city to bring home the coveted perpetual trophy. Presented by Donna Woods B.3 Packet Pg. 16 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 3| Regions Represented * Mendocino * Butte / Chico * Sacramento * San Jose * Fresno * Moorpark * Los Angeles * Long Beach * Fullerton * Moreno Valley * Mt. San Jacinto * San Diego CMCC By the Numbers 12 Simultaneous Regions Competing 1300 Competitors 270 Teams 45 New Teams (20 in rural north) 150 City/Mayors Represented B.3 Packet Pg. 17 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 5| Why is This Important? Presented by Donna Woods Cyber competitions are activities that bring cybersecurity awareness to communities and build strong teamwork, and ethical character in the those who participate. Building a Future Cyber Workforce for Cities Throughout California 37,000+ Jobs Open in California Source: Cyberseek.org Bring Cybersecurity Awareness to Main Street Engage Community in Supporting Cyber CompeƟƟon Teams Celebrate Community as the Front Line of Cyber Defense Launch Effort to Create 1000 New Teams by 2020 B.3 Packet Pg. 18 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 7|Presented by Donna Woods Inland Empire/Desert Region CMCC – 150+ Participants Teana Fredean Communication Specialist Teana.fredean@ca‐cyberhub.org Donna Woods Academic Relations Manager donna.woods@ca‐cyberhub.org Scott Young Interim Director director@ca‐cyberhub.org B.3 Packet Pg. 19 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 9| Thank You – Venue Hosts/Sponsors 10| Thank You –Regional Sponsors B.3 Packet Pg. 20 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) PROPOSED NEW ORDINANCE WIRELESS TELECOMMUNICATIONS IN THE PUBLIC RIGHTS-OF-WAY ALESHIRE& WYNDER, LLPChanges in Law By FCC • A whole new landscape of law for “small cells” issued by the FCC. • Dramatic changes in law with very short timeframes for implementation and compliance. •Primarily deals with “small cells” in the public right-of-way. We will eventually have to circle back to City’s regulation of private property facilities. • “Small Wireless Facilities” or “SWFs” = Less than 50 feet, less than 28 cubic feet in equipment, 3 cubic foot panels. B.3 Packet Pg. 21 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) SWF POTENTIALPotential Wide-Spread Deployment • Most incoming applications are going to qualify as SWFs under the new FCC Order. •Likely many in residential neighborhoods. •They are “gap” fillers for capacity and data—Not just call coverage. • About a 400 foot range.SHOTCLOCKSAdministrative Process Needed “Shot Clocks” are deadlines for wireless application processing. The City must process and issue a decision on wireless applications within the shot clock deadlines. The new FCC Order creates VERY short “shot clocks” for SWFs. • 60 days for attachments to existing structures. • 90 days for new structures. The shot clocks on SWFs have been shortened so much—in many cases from 150 to 60 days—that a discretionary hearing process is no longer logistically possible. B.3 Packet Pg. 22 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) AESTHETIC/ DESIGNSTANDARDSNew Design Standards • Thou shalt not “materially inhibit” SWF installations—New standard that completely re-writes the legal standards on which our regulations are based. • City’s aesthetic standards need to be (1) reasonable, (2) non- discriminatory, and (3) objective and pre-published. •The new aesthetic standards must be on the City’s website by April 14, 2019 MAJORPOINT: AESTHETICSLIMITATIONSWhat Design Standards are Allowed? • The FCC Order allows “…aesthetic requirements that are reasonable in that they are technically feasible and reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments. . .” • Once an application is deemed complete, there is very little room for denial, especially if that application proposes to meet our aesthetic standards that are “technically feasible” for the deployment. B.3 Packet Pg. 23 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) PROPOSEDCOUNCILACTIONSHow Do We Sort This by April 14? • The Council is being presented with an Urgency Ordinance and a regular ordinance (1st/2nd Readings, plus 30 days). • For SWF aesthetics, we propose the use of a “Policy” that is adopted by resolution. Maximizes flexibility and changeability in the face of rapidly changing laws and changing technological advances.PROPOSEDCOUNCILACTIONSRecommendation • Read the title of Urgency Ordinance No. 323 waive further reading of the urgency ordinance, and adopt the ordinance as an urgency measure, which will establish regulations for Wireless Telecommunications Facilities in the Public Right of Way; and • Read the title of the Regular Ordinance No. XXX, waive further reading of the regular ordinance, and introduce the regular ordinance, which will establish regulations for Wireless Telecommunications Facilities in the Public Right of Way; and • Adopt Proposed Resolution No. 2019-___, which establishes City Council Policies for Small Wireless Facilities in the Public Right of Way. B.3 Packet Pg. 24 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 25Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 26Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 27Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 28Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 29Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 30Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 31Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) An Ordinance Amendment Title 6 (Animals) of the Municipal Code APRIL 9, 2019 2030 Vision Statement Our Mission: “To preserve and protect our community and its exceptional quality of life though thoughtful planning within the constraints of fiscally responsible government. Establishes requirements for dog licensing and vaccinations Establishes requirements relating to the care of animals, rabies control and bites, and public nuisance animals. B.3 Packet Pg. 32 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) Background Code Enforcement was re-organized to incorporate animal control services Field services provided by City Staff Contract for: Sheltering services Veterinary services As part of the process, staff reviewed its animal control provisions and is proposing two chapters be re-adopted Chapter 6.04 Animal Control Provisions for most animal control provisions Definitions updated – public nuisance animal Rabies Control, Animal Bites – how bites will be handled, quarantine Impoundment of Animals –recoup costs of impounded animals, city’s policy on loose dogs Animal Care- food, shelter, abandonment Public Nuisance – continually loose dogs, barking dogs, crowing roosters Potentially dangerous dog and vicious dogs B.3 Packet Pg. 33 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) Chapter 6.08 Licensing and Vaccination Chapter maintains most of the existing requirements for licensing and vaccinating dogs Dogs must be licensed Must have rabies vaccination Licensing fees run by calendar year Annual vaccination clinic to coincide with licensing Recommendation Read by Title Only, Waive Further Reading and Introduce the attached Ordinance to adopt a new Chapter 6.04 (Animal Control) and a new Chapter 6.08 (Animal Licensing and Vaccinations) B.3 Packet Pg. 34 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 35Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 36Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 37Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) B.3Packet Pg. 38Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 1 Community Benefits Fund April 9, 2019 Community Benefits Fund B.3 Packet Pg. 39 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) April-2019 Application: The REC Center •Activity & Purpose: The Easter Egg Hunt Event is open to the entire community to enjoy; with vendors and performances from the REC Center classes. The REC Center application: •Amount: $310.00 •Use: Waiver of the City’s Special Event Permit Fee B.3 Packet Pg. 40 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) Community Benefits 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.$8,000 ($6,790) $1,210 ($310) $900 461-300 Other $2,000 $0 $2,000 $0 $2,000 TOTAL $20,000 ($12,940)$7,060 ($1,545)$6,750 Questions B.3 Packet Pg. 41 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) Professional Services Agreement with KTUA to Prepare the Barton Road Streetscape APRIL 9, 2019 2030 VISION STATEMENT Supports Goal #3, Promote Economic Development Streetscape Plan to enhance Barton Road B.3 Packet Pg. 42 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) BACKGROUND October 9, 2018 City Council Meeting Approved the Barton Road Streetscape Project as a Priority Project for the Use of Bond Proceeds RFP was sent to 11 consulting firms One response received B.3 Packet Pg. 43 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) SCOPE OF WORK One stakeholder outreach meeting Concept Design Elements: continuous sidewalks, parkway landscaping, decorative lighting, street furniture Final Design 3-D Fly through video B.3 Packet Pg. 44 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) RECOMMENDATION Approve Agreement with KTUA in the amount of $60,000 Authorize the CM to Execute the Contract, subject to City Attorney approval Appropriate $60,000 from the General Fund 2011 Bond Proceeds Balance Adopt a Resolution approving the expenditure of Bond Proceeds B.3 Packet Pg. 45 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) City Manager’s Update 4/9/2019 B.3 Packet Pg. 46 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) 2 B.3 Packet Pg. 47 Communication: Attachment to Minutes - Regular Meeting - 04/09/2019 (Consent Calendar) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: City Department Monthly Activity Report - March 2019 PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report identifies the monthly tasks associated with the delivery of projects to support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to Provide Services and 4) Develop and Implement Successful Partnerships - Work with Local, Regional and State Agencies to secure Funding for Programs and Projects. BACKGROUND: The City Council of Grand Terrace established a 2030 Vision for the City of Grand Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a roadmap to ensure that the City remains on target and reaches its overall goals. The 2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and projects that are aligned with the 2030 Vision goals. The goals include: • Ensure Our Fiscal Viability • Maintain Public Safety • Promote Economic Development • Develop and Implement Successful Partnerships • Engage in Proactive Communications DISCUSSION: This Monthly report includes March 2019 data for each department in the City. The number of projects and activities reported do not reflect everything staff is doing but rather highlights things they’ve worked on in the past month which may be of interest to City Council and the public. This report is updated monthly and posted to the City’s website on the fourth week of each month. FISCAL IMPACT: The Monthly report has no fiscal impact. The monthly reports do not provide budgetary status. The Finance Department will continue to produce individual monthly financial reports which are separate from the Department monthly re ports. ATTACHMENTS: B.4 Packet Pg. 48 • All Departmental Monthly Reports Mar 2019 (PDF) APPROVALS: G. Harold Duffey Completed 04/17/2019 5:21 PM City Attorney Completed 04/17/2019 6:00 PM Finance Completed 04/17/2019 6:49 PM City Manager Completed 04/18/2019 12:02 AM City Council Pending 04/23/2019 6:00 PM B.4 Packet Pg. 49 MONTHLY REPORT March 2019 PRESENTED BY THE CITY MANAGER’S OFFICE B.4.a Packet Pg. 50 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. B.4.a Packet Pg. 51 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Organizational Chart .............................................................................. 1 City Clerk ............................................................................................... 3 Committee/Commissions .............................................................. 9 City Manager ....................................................................................... 11 Senior Center ............................................................................. 16 Senior Bus Program ................................................................... 19 Communications ......................................................................... 24 Planning and Development .................................................................. 29 Code Enforcement .......................................................................46 Weekend Code ............................................................................48 Parking/Graffiti .......................................................................49, 50 Animal Control .............................................................................50 Public Works .........................................................................................53 Sheriff’s Contract ..................................................................................55 San Bernardino County Fire..................................................................59 B.4.a Packet Pg. 52 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. B.4.a Packet Pg. 53 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) CITY MANAGER Organization Chart City Manager City Clerk Planning & Development Public Works Finance Public Safety Agenda Processing Land Use Planning Engineering Accounting Fire District Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement Records Management Building & Safety Storm Drain Maintenance Payroll FPPC Filings Code Enforcement Facilities Maintenance Treasury Public Records Enforcement Program Parks Maintenance Senior Bus Program Page | 1 B.4.a Packet Pg. 54 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 2 B.4.a Packet Pg. 55 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) City Clerk •Agenda Processing •Elections •Records Management •FPPC Filings •Public Records Page | 3 B.4.a Packet Pg. 56 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 4 B.4.a Packet Pg. 57 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) City of Grand Terrace City Clerk’s Department . DATE: April 15, 2019 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Debra Thomas, City Clerk City Clerk’s Office SUBJECT: MARCH 2019 CITY CLERK MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities and responsibilities within the City Clerk’s Department over the last six (6) months. The City Clerk’s Office is staffed with two (2) positions that include the City Clerk and its Office Specialist. The primary responsibilities for this department are Council Support Services, Records Management, Administrative Processing, Board Administration and Election Services. Each of these functions require a collaborative effort between the department staff to ensure that all components within the process are completed from origin to file. As the official records manager for all City documents it is imperative that this process be accurate to ensure the preservation of the City’s history. AGENDAS/POSTINGS The City Clerk is responsible for preparing agendas and postings for all City Council Regular and Special Meetings, as well as for the Housing Authority and Successor Agency to the Community Redevelopment Agency. The total number of agendas processed for the month of March 2019 is two (3), spending a total of twenty (20) hours preparing the agenda packet together with delivery and producing 658 pages. AGENDA PROCESSING/POSTING MONTH Regular Meeting Special Meeting Totals October 2 0 2 November 1 0 1 December 1 0 1 January 2 0 2 February 2 0 2 March 2 1 3 Total Processed 10 1 11 Page | 5 B.4.a Packet Pg. 58 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) RESOLUTIONS & ORDINANCES The City Clerk is responsible for the security of all official City records including Resolutions. Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed, certified and published, when appropriate. It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to Council have been certified and made available for review by the public. The City Clerk must coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and second readings. The number of Resolutions processed for the month of March 2019 is five (5) and the number of Ordinances processed for the month of March is one (1). RESOLUTIONS AND ORDINANCES PROCESSED RESOLUTIONS ORDINANCES MONTHLY TOTALS October 2 0 2 November 2 0 2 December 2 2 4 January 0 0 0 February 0 0 0 March 5 1 6 Total Processed 11 3 14 RECOGNITION ACTIVITY Its purpose is to recognize individuals, groups and events of significance to the Grand Terrace community by the issuance of Certificates, Recognition, Acknowledg ment and Commendation Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are obtained on the document, coordinate attendance at Council meetings for the individual, group or event representative to accept the recognition, as well as prepare Council with all necessary information to present the recognition if presentation will be held at another venue. For the month of March 2019, one (1) In Memoriam Adjournment was prepared on behalf of City Council. Month Certificate of Acknowledgment w/Pin Certificate of Recognition w/Pin Commendation w/Pin In Memoriam Adjournments Certificate of Participation Proclamation Total October 0 10 0 2 0 0 12 November 0 0 0 2 0 0 2 December 0 1 0 0 0 0 1 January 0 0 0 1 0 2 3 February 0 1 0 1 0 0 2 March 0 0 0 3 0 0 3 Total 0 12 0 9 0 2 23 Page | 6 B.4.a Packet Pg. 59 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) CONTRACTS AND AGREEMENTS PROCESSED The City Clerk works closely with the City Council and is responsible for processing follow-up documentation. Management of these documents include contracts and agreements and it is the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan and file. For the month of March 2019, Council approved four (4) agreements which three (3) originals of each agreement were sent to the contractor/consultant for signature. Three (3) were returned to the City signed and circulated for signature in-house and are now on file with the City Clerk’s department. One (1) agreement is still outstanding for notary signature and is being monitored for return. CONTRACTS & AGREEMENTS PROCESSED October 4 November 2 December 3 January 0 February 3 March 4 Total 16 RECORDS REQUESTS The City Clerk’s office received eleven (11) Requests for Copies of Public Records for the month of March 2019. Ten (10) requests were completed within the Government Code Section 6253(c)’s requirement of ten (10) calendar days with one (1) completed with a 14-day extension. The total number of pages provided in response to those requests were 169 pages with four (4) letters to Requestor advising there were no records responsive to the request. RECORDS REQUEST SUMMARY Month Requests Received Completed Within 10 Days Completed with 14-Day Extension # of Pages Provided Letter to Requestor – No Records October 14 7 7 335 3 November 11 10 1 370 2 December 14 13 1 429 5 January 11 11 0 35 4 February 13 12 1 77 4 March 11 10 1 169 4 Total Requests 74 63 11 1015 22 Page | 7 B.4.a Packet Pg. 60 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) CUSTOMER SERVICE – TELEPHONE CALLS The City Clerk is responsible for receiving and responding to inquiries and external customer service requests, communicating, coordinating and responding to internal department requests, external agency cooperation and legislative bodies. For the month of March 2019, the City Clerk’s office responded to 358 telephone calls from residents, contractors, vendors, consultants and in-house customer service assistance to City staff. TELEPHONE CUSTOMER SERVICE October 365 November 400 December 280 January 382 February 266 March 358 Total Calls 2,051 HISTORICAL & CULTURAL COMMITTEE ACTIVITY The Historical and Cultural Activities Committee preserves the history of Grand Terrace and facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a liaison facilitating communication between the committee and City Manager and City Council, maintains the committee minutes of its proceedings and provides support for the Annual Art Show, Country Fair and City Birthday Party. Month Committee Meeting Emails w/Committee Members & Vendors Written Correspondence w/Committee Members Telephone Calls with Committee Members & Vendors Art Show/Country Fair & City Birthday Prep & Attendance Total # of Hours October 1.50 2.00 1.00 2.50 12 19.00 November 1.25 1.00 .50 2.00 15 19.75 December 1.00 .50 .50 .50 0 2.50 January 1.00 0 .50 .25 0 1.75 February .75 0 .50 0 0 1.25 March 1.00 0 .50 0 0 1.50 TOTAL # HOURS 6.50 3.50 3.50 5.25 27.00 45.75 Page | 8 B.4.a Packet Pg. 61 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) COMMITTEES/COMMISSIONS The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and ensuring that all information is current and up-to-date for each. Listed below are the number of current Appointed City Committees/Commissions, including the number of alternates and vacancies that may exist: COMMITTEES/COMMISSIONS # OF MEMBERS # OF ALTERNATES # OF VACANCIES Historical & Cultural Activities Committee 7 0 0 Planning Commission 5 0 0 Parks & Recreation Committee 5 0 0 CITY CLERK CURRENT PROJECTS: Electronic Document Management System In July 2017, the City Clerk’s office sent out an RFP for an Electronic Document Management System and in that same month received three (3) proposals. Proposals were reviewed by Staff and on September 12, 2017, the proposals were presented to the City Council for approval and the contract was awarded to Complete Paperless Solutions (CPS) who installed Laserfiche Avante Electronic Content Management System. A conference call was coordinated with Onsite Computing and CPS on September 28, 2017 to discuss the implementation of the software and when the migration would begin. Begin date for implementation was scheduled in October 2017. After some analysis of the City’s server, and due to its age, it was determined that the server needed to be upgraded by no later than 2018-2019. On November 9, 2017, Onsite Computing upgraded the City’s server to a virtual server so that Laserfiche could stand alone. This ensured the program would not slow down any of the City’s other systems. Additionally, a separate license was purchased for Microsoft, due to the changeover to Microsoft Office 365, which will run the Laserfiche program. The program installation was completed November 27, 2017. In December, we provided CPS with the City’s Retention Schedule to create the City’s file repository. CPS’ conversion of the retention schedule to work with the Laserfiche program was completed at the end of February 2018 and the City Clerk’s office is reviewing that repository to identify those categories that need to be set up in its own unique way; i.e. year, alpha, street name, APN#. That review should be completed within the next week or two. The revised repository shall then be sent back to CPS to complete the repository installation for the City. Once the final repository is complete, CPS will work with the City Clerk’s office to determine which categories will be placed on the website for public access. CPS has installed security and content to the server. Training was held for support staff on March 1, 2018. Page | 9 B.4.a Packet Pg. 62 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) CPS will implement the requested changes to the file structure and complete the process by June 1, 2018. CPS has made all of the requested changes to the repository and Staff has begun placing information into the Laserfiche repository. On July 30, 2018, Staff began scanning and importing records into the fully operational Laserfiche program database. Once the City’s new web page is fully operational, CPS will connect the web portal to allow residents the ability to view various records being placed into the Laserfiche database. In August 2018, Laserfiche had been revised, updated and fully operational. The City Clerk will be preparing a PowerPoint presentation for a City Council meeting in September on how the system works. Also, the City Clerk will be coordinating with Complete Paperless Solutions and Onsite Computing to configure the weblink data portal for public access. This is scheduled for some time in September 2018. In September 2018, Laserfiche is been fully operational and the City Clerk provided the City Council with a PowerPoint presentation on how the system works internally. In October 2018, the City Clerk worked with Jesse Smith and Onsite Computing to coordinate a date and time that Onsite could assist the City Clerk with establishing the weblink data portal for public access. After some time, Onsite Computing and Complete Paperless Solutions suggested that the City acquire a separate server for the weblink data portal to keep the public’s access separate from the internal server. The City Clerk’s office is coordinating with Onsite Computing to acquire the server and will work with Onsite and CPS to install the weblink data portal for the public’s access. In January 2019, the Laserfiche weblink data portal for the public was installed on the City’s website and the public has access to records placed under the City Clerk Department’s tab titled “Online Documents”. Laserfiche is fully operational both internally and externally. The City Clerk and her office specialist will be attending a Laserfiche conference in February 2019 for mo re hands on training. In February 2019, the City Clerk and Office Specialist attended a more in-depth training at the Empower Conference in Long Beach hosted by Laserfiche and funded by Complete Paperless Solutions, the City’s Electronic Document Management Services provider. Hands-on training was provided at the beginner level on the following: • Working with Documents in the Laserfiche Repository • Designing Quick Fields • Getting Started Administering the Repository • Getting Started with Laserfiche Scanning • Getting Started with Searching • Getting Started Scanning Documents with Quick Fields • Laserfiche Records Management Security Page | 10 B.4.a Packet Pg. 63 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) City Manager’s Office •City Manager’s Office •Human Resources •Senior Center Page | 11 B.4.a Packet Pg. 64 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 12 B.4.a Packet Pg. 65 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) DATE: April 16, 2019April 17, 2019April 17, 2019 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Cynthia A. Fortune, Assistant City Manager SUBJECT: March-2019 Monthly Services Report This monthly report is presented to the City Manager to keep the City Manager and Policy Makers informed of the activities within the City Manager’s Office and programs administered by the office to meet service demands. The tasks and projects identified within the monthly report represent programs administered by the City Manager’s Office. The projects identified in this report do not represent the City Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council in separate and distinct reports. The attached monthly report addresses the City Manager’s Office administration of the following activities: Human Resources Senior Center Finance (currently ACM is Acting Finance Director) IT and Communications OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. Page | 13 B.4.a Packet Pg. 66 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) HUMAN RESOURCES Mission: It is the mission of human resources to support the organization in meeting its mission and goals through one of its most valuable resources - its PEOPLE. Values: Develop An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that fosters camaraderie, fellowships, challenges, and safety. Increase Participation in City and community activities while seeking knowledge, enthusiasm and an improved quality of life for ourselves, co-workers and the community. Respect Team member values that may be different from our own and accept responsibility for promoting ethical and legal conduct in personal and business practices. Communicate In a candid and fair manner with the diverse workforce from whom our City derives its strength. CORE SERVICES 1. Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effective internal interview process, conducting thorough reference checks. 2. Properly balancing the needs of the employees and the needs of the organization. 3. Ensuring a diverse workforce in a safe and discrimination/harassment free environment by: maintaining compliance with employment laws and government regulations, providing management and employee training, and developing policies and procedures. 4. Providing training and development in areas of: effective leadership and career development of employees, and, employment law and government regulation. 5. Retaining our valued employees by: assuring effective leadership qualities in our managers; furnishing technical, interpersonal and career development training and coaching; supplying relevant feedback to management; and enhancing two-way communication between employees and management. Page | 14 B.4.a Packet Pg. 67 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) TABLE 1 Recruitment Activity Description Jul- 2018 Aug- 2018 Sept- 2018 Oct- 2018 Nov- 2018 Dec- 2018 Recruitments Initiated 0 1 0 0 0 1**** Recruitments in Progress 0 1 0 0 0 0 Recruitments Pending 0 0 0 0 0 0 Applications Received/Processed 0 46 0 0 0 0 New Hires Processed 1 0 1 0 0 0 Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Recruitments Initiated 0 0 2 Recruitments in Progress 0 0 2 Recruitments Pending 0 0 0 Applications Received/Processed 0 0 66* New Hires Processed 0 0 0 *Recruitments for the Office Specialist and Department Secretary positions. TABLE 2 Employee Job Performance Activity Description Jul- 2018 Aug- 2018 Sept 2018 Oct- 2018 Nov- 2018 Dec- 2018 Evaluations Processed 0 0 0 0 0 0 Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Evaluations Processed 0 0 0 TABLE 3 Benefits Activity Description Jul- 2018 Aug- 2018 Sept- 2018 Oct- 2018 Nov- 2018 Dec- 2018 Employee Changes/Inquiries 2 0 1 5* 0 0 ADP Change Transactions 0 0 0 5* 0 0 Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Employee changes/Inquiries 0 0 1 ADP Change Transactions 0 0 1 *During the City’s benefits open enrollment period (October-2018), employees authorized changes to their health, dental, visions and insurance benefits and deductions. Page | 15 B.4.a Packet Pg. 68 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) SENIOR CENTER Mission: To provide recreational, educational and social activities for the seniors in the community and to enrich our seniors lives through friendship, activities, education and nourishment. Core Values: Seniors are recognized as a valuable asset. Seniors have the opportunity to contribute and expand their talents and knowledge. Seniors strengthen our community and benefit personally by their involvement. Seniors have access to a full spectrum of services, including social, emotional, educational and recreational opportunities appropriate to their unique needs and interests. Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served. TABLE 1 Senior Center Activities Description Jul- 2018 Aug- 2018 Sept- 2018 Oct- 2018 Nov- 2018 Dec- 2018 Nutrition Program (# of meals served) 531 538 488 597 485 451 Arts and Crafts Classes 19 25 22 40 22 20 Bingo 40 55 47 41 35 40 Bridge 49 29 40 46 35 37 Bunco 44 51 44 51 21 49 Coffee with Megan 47 62 68 50 62 39 Exercise Classes 77 90 82 107 101 65 Garden Club 8 18 12 7 8 10 Morning Glories (quilting) 45 26 30 0 22 24 Movies with Solomon 10 0 10 0 0 16 Paint Classes 12 17 0 11 7 Card Game Night (Wednesday) 16 19 16 14 14 14 Cell Phone Class 10 6 9 SPECIAL EVENTS Monthly Birthday Celebration 24 22 37 30 23 22 Monthly Entertainment (2nd Friday of the month) 25 26 33 36 36 35 Volunteer Appreciation 22 Keeping Hydrated Class 21 Blood Pressure Testing 15 Bus Pass Distribution 30 35 Ice Cream Social 36 Flu Shot Clinic 11 Halloween Party 40 Thanksgiving 53 Holiday (Christmas) Celebration 62 Page | 16 B.4.a Packet Pg. 69 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Nutrition Program (# of meals served) 514 503 444 Arts and Crafts Classes 11 29 25 Bingo 55 27 37 Bridge 41 29 32 Bunco 50 40 31 Coffee with Megan 86 51 50 Exercise Classes 92 84 59 Garden Club 8 6 11 Morning Glories (Quilting) 27 22 25 Paint Classes 14 10 12 Card Game Night (Wednesday) 36 20 24 Cell Phone Class 5 4 6 Kings Corner 69 35 64 Cribbage 5 18 25 SPECIAL EVENTS Monthly Birthday Celebration 26 28 27 Monthly Entertainment (2nd Friday of the month) 33 25 26 Scrapbooking 5 Valentines’ Day Party 33 St. Patrick’s Day Party 35 Zumba 27 Bus Passes 22 Volunteer Appreciation (FSA) 13 Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) Page | 17 B.4.a Packet Pg. 70 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) 0 100 200 300 400 500 600 700 July August September October November December 531 538 488 597 485 451426 456 550 674 602 655 Monthly Summary (2018 -19) July -2018 -December -2018 # of Meals Served Activity Attendance 0 100 200 300 400 500 600 700 800 January February March April May June 514 503 444 796 663 763 Monthly Summary (2018 -19) January -2019 -June -2019 # of Meals Served Activity Attendance Page | 18 B.4.a Packet Pg. 71 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) TABLE 2 Senior Center Blue Mountain Silver Liner # of Passengers Description Jul- 2018 Aug- 2018 Sept- 2018 Oct- 2018 Nov- 2018 Dec- 2018 Within City Limits (Senior Center, Stater Brothers, Library) 51 88 90 89 106 68 Outside City Limits (Walmart, 99cent store, Ross) 44 59 85 114 44 87 Special Events/Trips 7 23 0 8 3 12 Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Within City Limits (Senior Center, Stater Brothers, Library) 86 88 72 Outside City Limits (Walmart, 99cent store, Ross) 146 114 172 Special Events/Trips 0 0 12 TABLE 3 # of Rides Description Jul- 2018 Aug- 2018 Sept- 2018 Oct- 2018 Nov- 2018 Dec- 2018 Within City Limits (Senior Center, Stater Brothers, Library) 110 181 200 204 220 133 Outside City Limits (Walmart, 99cent store, Ross) 91 121 183 210 98 188 Special Events/Trips 14 46 0 16 6 24 Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Within City Limits (Senior Center, Stater Brothers, Library) 189 201 138 Outside City Limits (Walmart, 99cent store, Ross) 318 237 372 Special Events/Trips 0 0 24 Page | 19 B.4.a Packet Pg. 72 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) 26% 70% 4% March 2019 Rides Within CL Outside CL Special Trips 46% 54% 0% February 2019 Rides Within CL Outside CL Special Trips Page | 20 B.4.a Packet Pg. 73 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Oct-17 7% 55% FINANCE Mission: To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate financial reporting. Values: Transparency (Accessibility of Information): The Finance Department will ensure openness, clarity and comprehensibility when providing reliable, relevant and timely financial information to the public. Integrity (Reliability on Information Provided): The Finance Department commits adherence to the highest ethical standards. The financial services provided will be honest, fair, and unbiased. Quality (Commitment to Excellence): The Finance Department will deliver financial services expeditiously and provide valuable support services to other departments and the community. Teamwork (Mutual Respect and Cooperation): The Finance Department will work together collaboratively with others, recognize the role and contribution each person makes, and provide assistance as necessary to achieve the City’s 2030 Mission, Vision and Goals. CORE SERVICES The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and Treasury. The Finance Department works in partnership with other departments to effectively develop, manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and projects. 1. Disbursements – to facilitate timely and accurate payments of the City’s financial obligations which includes vendor payments, employee and resident reimbursements, and payroll. 2. Financial Reporting – to provide accurate and meaningful reporting on the City’s financial condition through the City’s monthly and annual financial reports. 3. Purchasing – to authorize the purchase of quality products in a cost-effective manner. 4. Revenue and Treasury Management – to bill and collect revenue while providing cost- effective financing, investments and cash collection of the City’s resources to enhance the City’s financial condition. Page | 21 B.4.a Packet Pg. 74 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) TABLE 1 Financial Activity Description Jul- 2018 Aug- 2018 Sept- 2018 Oct- 2018 Nov- 2018 Dec- 2018 Invoices Processed 95 163 140 139 166 95 Checks Issued 74 118 101 96 98 72 Purchase Orders Established 7 51 31 20 15 9 Revenue Receipts Recorded 40 132 42 52 37 0 Description Jan- 2019 Feb- 2019 Mar- 2019 Apr- 2019 May- 2019 Jun- 2019 Invoices Processed 132 100 97 Checks Issued 111 65 75 Purchase Orders Established 5 8 2 Revenue Receipts Recorded 91 79 55 95 74 7 40 163 118 51 132 140 101 31 42 139 96 20 52 166 98 15 37 95 72 9 0 0 20 40 60 80 100 120 140 160 180 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Page | 22 B.4.a Packet Pg. 75 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL: Monthly: 1. Check Register; and 2. General Fund Monthly Financial Report (revenues less expenditures). Quarterly: 1. Business License Report; and 2. Treasurer’s Report (current cash flow and fund balance); and 3. 1st Quarter, Mid-Year and Year-end Financial Reports (General Fund). Annual: Audited Annual Financial Reports for the following: 1. City – all Funds; 2. Measure I – Fund 20; 3. Air Quality Management District (AQMD) – Fund 15; and 4. Housing Authority- Fund 52. 132 111 5 91 100 65 8 79 97 75 2 55 0 20 40 60 80 100 120 140 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Page | 23 B.4.a Packet Pg. 76 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) COMMUNICATIONS Mission: To develop, implement and provide comprehensive internal and external communications for the City and its community. Core Services: Plan, organize and disseminate timely and accurate information and promote awareness of City operations, services, programs, projects, events, and issues to the community. Promote and provide positive and proactive media relations for the City. Disseminate news materials in a timely manner. Initiate and write press releases, public service announcements, articles and websites for media distribution. Maintain and improve the City’s website for distributing mass media information under various situations. Table 1 Channel 3: Jul Aug Sep Oct Nov Dec City Council Meeting Replays 44 46 58 60 59 61 Activities/Items Added to Slideshow 3 1 0 1 1 0 Channel 3: Jan Feb Mar Apr May Jun City Council Meeting Replays 60 54 60 Activities/Items Added to Slideshow 1 3 4 Facebook Jul Aug Sep Oct Nov Dec Posts 69 39 30 36 53 18 Total Reach 37,816 21,697 10,300 15,460 32,487 24,949 Total Engagement 5,453 2,000 1,308 3,460 6,160 5,421 Page Followers 1,586 1,602 1,620 1,655 1,695 1,729 New Page Followers 40 16 18 35 40 34 Facebook Jan Feb Mar Apr May Jun Posts 24 30 35 Total Reach 15,195 22,964 25,016 Total Engagement 1,442 3,185 3,287 Page Followers 1,745 1,778 1,809 New Page Followers 16 33 31 2017-2018 City Communications Data: Page | 24 B.4.a Packet Pg. 77 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Eblast Jul Aug Sep Oct Nov Dec Number of E-newsletters Distributed 10 3 6 8 8 7 Number of Subscribers 594 598 607 619 629 633 Change in Subscribers 22 4 9 12 10 4 Number of E-newsletters Opened* 1,440 506 No Data No Data No Data No Data Eblast Jan Feb Mar Apr May Jun Number of E-newsletters Distributed 6 6 4 Number of Subscribers 634 637 639 Change in Subscribers 1 3 2 Number of E-newsletters Opened* No Data No Data No Data * New e-newsletter management system does not currently track emails opened. 1,586 1,602 1620 1655 1,695 1,729 1,745 1,778 1,809 1,450 1,500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 FACEBOOK PAGE FOLLOWERS Page | 25 B.4.a Packet Pg. 78 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Twitter Jul Aug Sep Oct Nov Dec Tweets 26 24 17 17 13 20 Impressions 6,599 5,813 4,911 5,689 4,602 4,429 Followers 196 203 212 216 219 224 New Followers 8 7 9 4 3 5 Twitter Jan Feb Mar Apr May Jun Tweets 7 3 13 Impressions 3,486 5,185 7,161 Followers 226 229 231 New Followers 2 3 2 YouTube Jul Aug Sep Oct Nov Dec Video Uploads 3 2 2 1 0 9 Video Views 78 59 101 155 77 580 Subscribers 123 124 124 125 125 126 Change in Subscribers 2 1 - 1 - 1 YouTube Jan Feb Mar Apr May Jun Video Uploads - 3 2 Video Views 42 166 101 Subscribers 126 129 124 Change in Subscribers - 3 2 Blue Mountain Outlook Jul Aug Sep Oct Nov Dec Full Page Ad, Inside Back Cover - 1 1 - - - 1/4-Page Ad - - - - - - 4-Page Insert - - - - - - Blue Mountain Outlook Jan Feb Mar Apr May Jun Full Page Ad, Inside Back Cover - - - 1/4-Page Ad - - - 4-Page Insert - - - City News Jul Aug Sep Oct Nov Dec Featured (Front Page Article and Image) - - - - - - Articles - 1 1 - 2 - 1/2-Page Ad - - - - - - 1/4-Page Ad - - - 1 - - City News Jan Feb Mar Apr May Jun Featured (Front Page Article and Image) - - 1 Articles - - - 1/2-Page Ad - - - 1/4-Page Ad - - - Page | 26 B.4.a Packet Pg. 79 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) AM 1640 Jul Aug Sep Oct Nov Dec Advertisement of City Events - - - 1 1 - AM 1640 Jan Feb Mar Apr May Jun Advertisement of City Events 1 1 - Burrtec Newsletter Jul Aug Sep Oct Nov Dec Bi-Monthly Newsletter - - - - - - Burrtec Newsletter Jan Feb Mar Apr May Jun Bi-Monthly Newsletter - - - 5 Most Popular City Facebook Pages By % of Pop. 1) Twentynine Palms 21.14% 2) Apple Valley 19.72% 3) Yucca Valley 15.42% 4) Grand Terrace 14.48% 5) Hesperia 13.45% * Reach refers to the number of unique people to have seen a post's content. ** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares. *** Impressions refers to the number of times a tweet has been seen. Page | 27 B.4.a Packet Pg. 80 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 28 B.4.a Packet Pg. 81 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning & Development •Land Use Planning •Planning Commission •Building & Safety •Code Enforcement •Enforcement Program Page | 29 B.4.a Packet Pg. 82 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 30 B.4.a Packet Pg. 83 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) City of Grand Terrace Planning and Development Services Department . DATE: April 16, 2019 TO: G. Harold Duffey, City Manager City Manager’s Office FROM: Sandra Molina, Planning and Development Services Director Planning and Development Services Department SUBJECT: MARCH 2019 PLANNING AND DEVELOPMENT SERVICES MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities within the Planning and Development Services Department, comprised of Planning, Building and Safety, Code Enforcement, and Animal Control. OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. PLANNING DIVISION Planning and Building and Safety Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections The Planning Division is budgeted for one full time Director and one full time Assistant Planner. Both positions are filled and together constitute a minimum of 320 monthly service hours. Page | 31 B.4.a Packet Pg. 84 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 2 of 22 Activity Summary for Planning Planning Counter Requests for Information: 60 Planning Phone Calls Received: 105 Planning E-mails Received/Answered: 220 Application Summary The Planning Division received 18 new applications in March and carried over 11 from the previous month. Action was taken on 14 of them. Minor applications such as a new business, patio cover, or small room additions are handled as a Land Use application and typically processed within 2-3 days. Larger additions over 500 square feet or second dwelling units are handled administratively by staff with noticing, and th ose projects that are either new development or exceed the Director’s administrative authority are handled as Major Permits and are reviewed by the Planning Commission. Home occupation permits are for home based business, such as consulting, housekeeping, and small craft businesses. Application Summary for March 2019 Applications Number Received Carried Over Completed Under Review Major 1 8 0 9 Administrative 0 3 0 3 Land Use 8 0 6 2 Home Occupation 1 0 1 0 Sign 5 0 4 1 Special Event 3 0 3 0 DAB 0 0 0 0 Total 18 11 14 15 0 2 4 6 8 10 Major Administrative Land Use Home Occupation Sign Special Event DAB Applications Received and Carried Over in March 2019 Under Review Completed Carried Over Received Page | 32 B.4.a Packet Pg. 85 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 3 of 22 Applications Received, Approved and/or Under Review Fiscal year to date the Planning Division has received 140 applications and 15 remain under review. A comprehensive list of the applications and their status is at the end of the Planning Division’s report. Land Use applications for two new businesses were approved in March for “Beneficent Hospice” and “New Dawn Hospice, Inc.”, both administrative offices. Overall Land Use applications are the most predominant application that the Planning Division processes. Eight Land Use applications were received in March, all the applications were approved. The table below shows the types of activities that were received with the ten Land Use applications received in March 2019. 0 10 20 30 40 50 60 70 80 Major Administrative Land Use Home Occupation Signs Special Event DAB Zoning Verification Applications Received Fiscal Year to Date July August September October November December January February March 1 1 22 2 Land Use Applications Wall/Fence Shed Patio Covers/sunroom Pools New business Page | 33 B.4.a Packet Pg. 86 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 4 of 22 Projects in Plan Check or Under Construction Projects in Plan Check or Under Construction Date Submitted Case No. Applicant Description Location Status 10/23/2018 SA 18-10 V 18-02 E 18-10 Crestwood Communities 17 Detached Single- Family Residences Pico Street and Kingfisher Rough grading underway. Construction Plans 1st Plan Check 3/12/2019 8/17/2016 SA 14-07- A1 E 14-04- A1 Joab Jerome New Residence APN: 0275-282-20 11838 Burns Avenue Grading Plan 1st Plan Check 3/14/2019 4/14/2016 SA 16-01 V 16-01 TTM 16-01 E 16-05 Aegis Builders, Darryl Moore Planned Residential Development – 17 Lots and 17 to-Story Housing Units 22404 Van Burren Under Construction 5/11/2018 ASA 18-06 E 18-06 Tim Boyes Single Family Residence 0276-431-23 Grading plans approved, building plans under review 10/27/2016 SA 16-09 Yacoub Farsakh Single Family Residence 0276-331-49 Under construction Development Advisory Board (DAB) The Development Advisory Board is made up of the Planning and Development Services Director, Public Works Director, Consultant Building Official, Fire Marshal’s Office, the RHWCO Superintendent, and Colton Wastewater. The DAB meets to review conceptual plans for various projects and new development applications, and is conducted free of charge. No DAB meetings were held on March. Planning Commission The Planning Commission reviews new construction, subdivisions, variances and conditional use permits. They also make recommendations on zone changes, zoning code amendments, and general plan changes. One Planning Commission meeting was held in the month of March and the following action occurred. March 21, 2019: The Planning Commission adopted a Resolution finding the leasing of approximately 1,000 square feet at Grand Terrace City Hall for electric vehicle charging stations is consistent with the General Plan. Page | 34 B.4.a Packet Pg. 87 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 5 of 22 Grants The City was awarded funding for its Blue Mountain Trailhead and Trail application. A mandatory meeting was attended on July 31, 2018. A contract was awarded to Hirsch and Associates in February and site and topographical surveying was conducted for a future outreach meeting in April. On November 13, 2018, the City Council adopted the Grand Terrace Active Transportation Plan. Close out of the grant is ongoing. Grant Status Grant Amount Active Transportation Plan Consultant preparing document Draft anticipated in September 2018 $295,000 Blue Mountain Trailhead and Trail Grant Submitted on October 1, 2017. Site visit completed in November 2017. Awarded. $212,500 (Project cost $520,000) Housing Successor Agency The Housing Successor Agency has a current balance of approximately $225,000.00. Each year $50,000 is received from the Successor Agency. On March 13, 2018, the Housing Successor approved a Purchase and Sale Agreement with Aegis Builders, Inc. to sell its property located at 11695 Canal Street for $169,000. Escrow closed on June 15, 2018. Buyer has 18 months to commence co nstruction. On March 19, 2019, the Housing Successor Agency conducted a workshop on housing funds, assets and possible future programs. The Housing Successor Agency holds the following interests: Property Description 22293 Barton Road Vacant 1.42-acre commercial property. 22317 Barton Road Vacant 1.43-acre commercial property. 11695 Canal Street Vacant 0.80-acre property, designated R3-20. Sold on 6/15/2018 to Aegis Builders, Inc. Buyer has 18 months to commence construction or Agency may repurchase property. 12569 Michigan Street Vacant 0.50-acre property owned by Habitat for Humanity San Bernardino Area. The Housing Successor Agency holds covenants on the property for two low income residents. Habitat required to perform by December 30, 2018. Page | 35 B.4.a Packet Pg. 88 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 6 of 22 Community Emergency Response Team A Regular CERT Volunteer meeting was held on March 5, 2019. The agenda items included Board Member Volunteer Nominations and Elections, and CERT basics Initial Class Training Planning. Page | 36 B.4.a Packet Pg. 89 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 7 of 22 Attachment to Planning Division’s Report Applications Received, Approved and/or Under Review Major Applications – Zoning Code Amendment Date Submitted Case No. Applicant Description Location Status 11/2/2018 6/1/2018 GPA 18-01 ZCA 18-01 Todd Kessler Code Amendment- Hillside Residential 23400 Westwood Planning Commission Meeting Scheduled for 4/18/2019 Major Applications - Site and Architectural Review Date Submitted Case No. Applicant Description Location Status 3/29/2019 SA 19-04 E 19-03 3/29/2019 Leonardo Aguayo APN: 0275- 083-09 Distributed. In Review 10/2/2018 SA 18-09 TPM 18-02 V 18-01 E 18-08 10/2/2018 Aegis Builders, Inc. 11695 Canal Street Incomplete on 10/31/201. A revised application was submitted and subsequent deemed incomplete. 11/15/2017 SA 17-10 E 17-09 Todd Kesseler Single Family Residence 23400 Westwood St Planning Commission Meeting Scheduled for 4/18/2019 3/27/2018 SA 18-04 E 17-10 Lewis Development Residential Project (707 Homes) 1167-151-22, 68, 71, 73, 74, 75 Incomplete on 3/27/2018 Major Applications – Specific Plan Date Submitted Case No. Applicant Description Location Status 12/8/2017 SP 17-01 E 17-10 Lewis Development Specific Plan East side of the 215 Fwy. Revised draft March 2018. EIR work being performed Page | 37 B.4.a Packet Pg. 90 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 8 of 22 Major Applications – Conditional Use Permit Date Submitted Case No. Applicant Description Location Status 1/2/2019 CUP 19-01 SA 19-03 GrandT-1 Inc. Industrial Semi- Trailer Storage Facility APN: 0275- 191-06, 30 Deemed Incomplete on 2/1/2019 7/10/2018 CUP 18-03 E 18-07 Jeffrey McConnell Agricultural Uses 21712 Vivienda Avenue Incomplete letter e-mailed on 8/10/2018 A 45-day extension request was received on 2/4/2019 9/17/2017 CUP 17-08 E 17-07 National Logistics Team Recycling Pallets 21496 Main Street Incomplete on 10/18/2017 & 2/27/2018. Initial Study being prepared. Administrative Applications Date Submitted Case No. Applicant Description Location Status 9/18/2018 DU 18-02 Patrick O’Brien Industrial Truck Storage Facility APN: 0275-191- 06, 30 Distributed 1/29/2019 9/5/2018 ACUP 18- 06 Odalberto’s Beer and Wine License 22488 Barton Road Pending Property Owner’s Signature. Time extension requested on 2/11/2019 Land Use Review Date Submitted Case No. Applicant Description Location Status 3/28/2019 LU 19-24 Ronald Nieves Temporary RV Parking Permit 22596 Kentfield Street Approved 3/21/2019 LU 19-23 Vanessa Leflore Fireworks Fundraiser Stand 22412 Barton Road, Unit 285 Approved 3/20/2019 LU 19-22 Shed World 960 Sq. Ft Detached Workshop 12176 Country Club Approved 3/18/2019 LU 19-21 Proscape Pool and Spa 22740 Cardinal Street Approved Page | 38 B.4.a Packet Pg. 91 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 9 of 22 Land Use Review 3/7/2019 LU 19-20 New Dawn Hospice, Inc. Administrative Office 12139 Mt. Vernon, Suite 202 Approved 3/7/2019 LU 19-19 Hugo Miranda 26 x 16 Garage 22926 Miriam Way Approved 3/7/2019 LU 19-18 Beneficent Hospice Administrative Office 22545 Barton Road Approved 3/5/2019 LU 19-17 JNA Patio Construction 23 Sq. Ft Patio Cover 12368 Whistler Approved Home Occupation Permit Date Submitted Case No. Applicant Description Location Status 3/19/2019 HOP 19-04 Andrew Hoge Carpet Cleaning Services 11785 Mt. Vernon Approved Temp Signs Date Submitted Case No. Applicant Description Location Status 3/29/2019 TEMP SGN 19-06 Alida Venegas 4 x 4 Wall Banner 22270 Barton Road Approved 3/29/2019 TEMP SGN 19-05 Dee Lause Estate Sale Signs 22420 Van Buren Street Approved 3/29/2019 TEMP SGN 19-04 Freddy Albane 10 x 5 Wall Banner 22489 Barton Road Approved 3/21/2019 TEMP SGN 19-03 Vanesa Leflore A-Frame Sign (Fireworks Stand) 22412 Barton Road, Unit 283 In Process 3/8/2019 TEMP SGN 19-02 Marcus Rubio Real Estate Ontario Approved Special Event Date Submitted Case No. Applicant Description Location Status 3/25/2019 SE 19-03 The REC Center Easter Egg Hunt 22633 Barton Road Approved 3/18/2019 SE 19-02 Don Larkin Memorial Day Ceremony 22421 Barton Road Approved 3/11/2019 SE 19-01 Michael Auld Parish Spring Fiesta 12745 Oriole Ave Approved Page | 39 B.4.a Packet Pg. 92 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 10 of 22 BUILDING AND SAFETY DIVISION Building and Safety and Planning Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections The Building and Safety Division is budgeted for one full time Permit Technician and one part-time Building Official. The Building Official position is currently being filled through a contract with Interwest Consulting Group. These two positions constitute up to 192 monthly service hours. Additionally, the Department budgets for plan checking and inspection services. Inspection services are conducted daily. The cost of these services is offset through the collection of fees and deposits. Activity Summary for Building and Safety Building Permit Activity includes 29 permits issued in March. Year to date a total of 242 permits have been issued with a total revenue of $137,277.13. In addition, a total number of 60 customers were assisted at the Building & Safety counter for the month of February. Building Permit Activity January February March April May June Applications received 47 63 60 Permits issued 11 26 29 Permits finalized 20 14 23 Business occupancies issued 1 2 3 Expired permits 14 6 6 Total monthly revenue $4,588.33 $32,237.08 $7,794.55 Page | 40 B.4.a Packet Pg. 93 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 11 of 22 Building Permit Activity July August September October November December Applications received 44 65 60 51 34 37 Permits issued 47 37 24 34 19 15 Permits finalized 24 33 26 22 22 15 Business occupancies issued 1 3 1 5 2 4 Expired permits 2 5 5 4 4 5 Total monthly revenue $51,772.52* $9,404.20 $6,852.66 $14,757.14 $5,040.50 $4,830.15 * Includes (17) New Single-Family Residence Permits Permits Issued The permits issued in March include, electrical panel upgrades, HVAC mechanical replacements, washer/dryer enclosures, reroofs, patio covers, new pool, plumbing, and PV solar systems. Of note, a permit for precise grading of Crestwood Communities Tract 18071 was issued in March 2019. In addition, an interior demolition permit of a commercial unit space was issued for a future tenant at 22417 Barton Road. Type of permits Number Issued July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Residential Alteration/Repair 2 5 1 3 0 1 0 2 3 Block Walls / Retaining Walls 1 1 1 1 1 0 0 5 0 Demolition 0 0 1 0 0 0 0 1 1 Reroofs 3 2 6 6 4 1 1 4 6 Water Heater / Plumbing 3 3 5 2 4 4 1 2 1 HVAC / Mechanical 6 13 1 3 0 2 1 2 6 Solar 6 9 0 12 6 4 2 5 6 Page | 41 B.4.a Packet Pg. 94 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 12 of 22 Type of permits Number Issued Commercial Tenant Improvement 4 1 0 1 0 1 1 1 0 New Commercial 0 0 0 0 0 0 0 0 0 Grading 1 0 0 1 1 1 0 0 1 Patio Covers 1 2 2 0 0 0 2 0 2 Pools 0 0 0 2 0 0 1 0 1 Panel Upgrades / Electrical 3 1 1 3 3 1 2 3 2 New SFR 17 0 0 0 0 0 0 1 0 Total 47 37 24 34 19 15 11 26 29 * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. Major Projects Under Construction For March 2019, major projects under construction include Aegis Builders, Inc.’s Van Buren Project, on-site grading for the SCE Highgrove Substation, and rough grading for Crestwood’s 17 single family lots. 1 2 6 1 2 6 6 1 3 1 Issued Permits -March 2019 Residential Plumbing (1) Patio Cover (2) Reroofs (6) Demolition (1) Residential Electrical (2) Solar (6) Mechanical (6) Pools (1) Residential Alteration (3) Grading (1) Page | 42 B.4.a Packet Pg. 95 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 13 of 22 Other ongoing projects also include constructio n of a new cell tower on La Crosse Ave., a soft story garage seismic retrofit for Azure Terrace Apartments, and an interior demolition of a commercial unit. Project Description/Location Status Aegis Builders, Inc. 12382 – 12485 Tesoro Ct. New 17 SFR Aegis Project Drywall/Lath inspected Southern California Edison 12700 Taylor St. On-site grading, new fence and gate with retaining wall for SCE Highgrove Substation Footings/Steel inspected SBCTA 12040 La Crosse Ave – New 70’ cell site for SBCTA Corrections issued for Final Building Inspection Barton Bridge – CALTRANS Barton Rd. Bridge Over cross Under Construction Tim Boyes, Vista Grande Way Parcel Map 16945 – Street Improvement Project (Vista Grande Way) Pre-construction meeting held in September. Crestwood Communities Tract 18071 – Rough grading for 17 SFR lots & new block walls Under Construction – Walkthrough meeting held Azure Terrace Apartments 12044 Preston St. – Soft story garage seismic retrofit Under Construction – Footings/Steel Inspected Jacob Farsakh – 23315 Palm Ave. 23315 Palm Ave. – (N) Single Family Residence Under Construction – Underground Plumbing Plan Checking Activity For March 2019, a total number of seventeen plans were submitted for review and re- submittal. Plans submitted include a fire damage repair, patio cover, PV solar, commercial demolition, and Crestwood’s precise grading for Tract 18071. Project Description/Location Status Tim Boyes, Vista Grande Way Parcel Map 16945 – Precise grading for (1) lot / (N) SFR, rough grading of (2) lots In Plan Check – Rough grading plans approved, (N) SFR and precise grading in review Joab Jerome, Burns Residence 11838 Burns Ave. – Street Improvement Plan and on-site grading In Plan Check Received 3rd resubmittal from applicant on 02/20/19 Tenant Improvement, Sophia’s Nail Shop 12210 Michigan St. Suite A – Tenant improvement for nail salon to include new non- bearing walls, electrical and plumbing In Plan Check – Corrections for 3rd review issued 02/15/19 Tim Evans – American Warrior, LLC 21935 Van Buren St. – Tenant Improvement for electrical to install screen printing equipment, shirt printing – American Warrior, LLC In Plan Check – Received second set of corrections 12/19/18 Page | 43 B.4.a Packet Pg. 96 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 14 of 22 Project Description/Location Status Vic Onorio, Former child care building 22400 Barton Rd. – Tenant Improvement for disabled access upgrades for previous child care facility In Plan Check – Corrections for 3rd review issued 03/27/19 Crestwood Communities Tract 18071 – Precise grading for 17 SFR lots & (N) Single Family Residence Plans In Plan Check – Plans in review with Interwest Robert Resheske, Rosedale Avenue 12133 Rosedale Ave. – Fire damage repair for single family residence In Plan Check – Received 3rd set of corrections on 03/28/19 Jorge Diaz – Furniture 2Ur Door 12210 Michigan St. Suite F – Tenant improvement for furniture store – Furniture 2 Ur Door In Plan Check – Received 1st set of corrections on Inspections Type of Inspection # of Inspections Conducted July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Building 50 48 54 39 44 33 16 5 29 Electrical 5 20 10 24 12 12 10 10 13 Mechanical 3 3 2 12 6 3 3 0 3 Plumbing 5 10 5 20 15 7 1 5 30 Demolition 0 0 0 0 0 0 0 2 1 Total 63 81 71 95 77 55 30 22 76 *Twenty-five final building inspections were performed for the month of March 2019. 0 100 200 300 400 500 600 BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION TOTAL NUMBER OF INSPECTIONS CONDUCTED July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Page | 44 B.4.a Packet Pg. 97 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 15 of 22 Certificate of Occupancy A Certificate of Occupancy was issued for the following businesses: • Beneficent Hospice Inc. located at 22545 Barton Rd. Suite 205 • Chastella Inc. located at 22365 Barton Rd. Suite 302 • Calvary, The Brook located at 22533 Barton Rd. Public Works Encroachment Permits Applicant Number of Encroachment Permits Issued July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun So. Cal Gas Co. 2 1 5 1 0 0 1 0 0 So. Cal. Edison 5 0 2 0 2 3 2 7 3 Optimum 0 1 0 0 0 0 0 0 0 AT&T 1 1 0 0 4 0 1 0 0 Verizon 0 0 0 0 0 0 0 0 0 Revocable Permit 0 0 0 0 0 0 0 0 0 Other** 2 4 3 3 1 3 1 0 4 Total 10 7 10 4 7 6 5 7 7 Total Monthly Revenue $5,710 $6,165 $4,356 $1,121 $5,877.24 $5,436.14 $1,560 $2,184 $1,700 ** “Other” represents non-utility applicants, such as developers or residents. 0 10 20 30 40 50 60 70 SoCal Gas Edison Optimum AT&T Other Total Encroachment Permits Issued July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Page | 45 B.4.a Packet Pg. 98 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 16 of 22 ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION Core Services ➢ Zoning & Municipal Code Enforcement ➢ Animal Control Services ➢ Street Sweeping Traffic Enforcement The Division is budgeted for one full time Officer, a 36 -hour Specialist and a full-time Office Specialist. These three positions constitute 256 monthly service hours in March, plus an additional 28 hours for on-call coverage. On-call coverage is provided to handle after hour emergency animal control calls. After hour call outs totaled 10.5 hours in March. The City is divided into seven zones, including commercial centers, and Offi cers inspect the zones on a continual rotating basis over a two-week period. A set route is driven each day in addition to the zones. The route includes Mount Vernon Avenue, Main Street, Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and Van Buren Street. Activity Summary for Code Enforcement In March, Code Enforcement had 83 cases carried over from the previous month, 19 new cases opened, and 65 cases were closed. The Division closed out March with 37 open cases. The chart below demonstrates a breakdown of Code cases by detailing how many cases were carried over from the previous month, opened, closed and still being addressed. Page | 46 B.4.a Packet Pg. 99 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 17 of 22 The following table shows the number of inspections conducted, the number of citations, and corrective notices issued. Column1 Jul Aug Sep Oct Nov Dec Jan Feb Mar Inspections Conducted 57 111 56 112 83 29 46 69 76 Notice of Corrections Issued 7 71 16 13 48 7 12 38 16 Notice of Violations Issued 14 11 17 19 12 0 26 6 50 Citations Issued 17 23 11 26 11 11 20 3 6 *The number of corrections issued does not include vehicle related complaints, ille gal dumping referred to Burrtec, or homelessness on public property referred Sheriff’s Department. *The increase in Notice of Violation is due to the start of Rental Property Inspections. If a violation is discovered on the initial inspection the property owner is issued a NOV with ample time for correction based on the violation. Special Enforcement Programs Code Enforcement began enforcement of 160 businesses that had not renewed their licenses. Code Enforcement went to the location of the businesses and verified that they were not licensed and issued citations to those businesses. Providing the license was renewed within 7 days, the citation would be dismissed. At the start of March of the 160 businesses in the City only one brick and mortar businesses had not renewed their business license and at the conclusion of March that one business was issued a citati on. 52 46 90 78 74 109 86 72 83 23 106 40 39 73 7 32 44 19 29 62 52 43 38 27 46 33 65 46 90 78 74 109 89 72 83 37 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018/2019 CODE CASES Number of Cases Carried Over Number of Cases Opened Number of Cases Closed Number of Cases In Process Page | 47 B.4.a Packet Pg. 100 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 18 of 22 Another facet of the businesses in Grand Terrace is homebased businesses (HBB). Our officers have been reaching out to HBB owners to confirm if their businesses are still operational or have been closed. They began with 42 HBBs and 10 have either recei ved their business license or it has been determined that they are not operational. At the conclusion of March all unresolved home based business cases have been closed. Weekend Code Enforcement Activities The Weekend Animal Control/Code Enforcement Specialist patrols the weekends and conducts zone inspections and scheduled re-inspections. Weekend code enforcement also handles code violations such as unpermitted yard sales, open house signs, unpermitted construction, and parking violations. The table below demonstrates weekend code enforcement activities by type for this fiscal year. Case Types July Aug Sep Oct Nov Dec Jan Feb Mar Graffiti 0 0 0 0 1 1 0 2 3 Yard sale signs 20 20 34 3 0 19 22 21 40 Yard sales without permit 0 0 0 0 0 0 2 1 1 Open house and other signs 1 1 30 19 15 10 10 10 6 Illegal Dumping 0 0 0 1 2 1 0 5 6 Unpermitted construction 1 0 0 0 0 0 0 0 0 Follow-up inspections 23 4 7 17 71 65 68 68 87 Parking violations 6 3 1 2 2 1 0 8 15 0 20 40 60 80 100 July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Weekend Code Enforcement Graffiti Yard sale signs Yard sales without permit Open house and other signs Illegal Dumping Unpermitted construction Follow-up inspections Parking violations Page | 48 B.4.a Packet Pg. 101 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 19 of 22 Parking Citations: In March street sweeping was cancelled on March 7th due to heavy rain. 99 vehicle related citations were issued; 93 of the citations issued were related to street sweeping enforcement. The citations are expected to generate approximately $2475 in general fund revenue. Street Sweeping in residential areas occurs on the first, second, and third Thursdays of each month. The table above shows some of our most common parking violations including expired registration, parking on unpaved surfaces, and commerical vehicles in residential areas. 139 231 149 172 155 67 67 30 96 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun# of CitationsStreet Sweeping 3 1 7 3 1 1 1 1 1 3 1 6 1 2 2 1 18 1 2 1 2 7 2 7 3 1 2 1 2 0 5 10 15 20 25 30 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Parking Citations 2018/19 72 Hour Parking Citation Vehicles on unpaved surface Unattached trailer on street Commercial vehicle parking Expired Registration Other parking violations Page | 49 B.4.a Packet Pg. 102 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 20 of 22 Graffiti/Vandalism/Illegal Dumping There was 3 cases of graffiti and 7 cases of illegal dumping reported in March 2019; all cases have been resolved. Rental Inspection Program There are approximately 334 properties in the Program, consisting of both single -family units and multiple family units (i.e. apartments, duplexes, triplexes, condominium etc.). At the start of January rental inspection invoices were mailed to all rental owners and were due at the end of the month. Of the 334 properties, 279 property owners have paid their annual rental inspection fees. 81 properties are enrolled in the Good Landlord/Tenant Program signifying they have kept well-maintained properties and have passed inspections for three consecutive years. Property owners in the Good Landlord Program also receive reduced inspection fees and windshield inspections. In March, rental property inspections began; Code Enforcement Officers walk the front yard of the property to inspect exterior conditions. An interior or backyard inspection can be requested if exterior conditions so warrant. At the conclusion of March, 227 inspections had been conducted and 22 properties had violations. Per the Grand Terrace Mu nicipal Code property owners can be give 24 hours to 90 days to place the home in good standing. Civic Live There were two complaints received via Civic Live in March 2019 pertaining to a tree in an Edison easement and overgrown vegetation. One case has been closed and the overgrown vegetation case is still being worked on by Code Enforcement. Animal Control Services With the implementation of Animal Control Services, the City has instituted the practice of first making every effort to return stray dogs to its owner, by checking it for tags or microchip. If the owner cannot be identified, the City will place a photograph of the impounded animal on the City’s Facebook page so that owners can reclaim their pet. Animal Control is also working to identify animals via Facebook who have been sent to the animal shelter and have since been returned to their owner so their status can be updated for the public. If the dog is unlicensed the owner will be given a citation, but the fine is dismissed if the dog is licensed within 7 days. One dog was picked up and was not returned to the owner. The following charts illustrate the investigations that were conducted by Grand Terrace Animal Control Officers. Page | 50 B.4.a Packet Pg. 103 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Planning and Development Services Page 21 of 22 The chart below shows sheltering services performed by the County of Riverside for the month. These numbers vary compared to ours, due to residents bringing in stray animals on their own. Animal Control Officer Investigations Jul Aug Sep Oct Nov Dec Jan Feb Mar Barking Complaints 0 2 1 0 1 0 2 1 4 Unlicensed Dogs 0 3 2 0 3 0 6 0 0 Loose Dogs 14 10 5 4 11 2 10 5 1 Loose Dogs Returned to Owner 0 2 6 14 5 1 3 3 0 Animal Welfare Check 3 0 2 0 2 1 2 0 0 Dead Animals 4 2 5 9 11 3 11 2 6 Bites 0 3 0 0 3 1 0 0 1 Other (unfounded, wildlife, etc.)0 3 0 3 4 4 5 2 0 0 5 10 15 Jul Aug Sep Oct Nov Dec Jan Feb Mar Animal Control Officer Investigations Barking Complaints Unlicensed Dogs Loose Dogs Loose Dogs Returned to Owner Animal Welfare Check Dead Animals Bites Other (unfounded, wildlife, etc.) Animal Control Sheltering Services Jul Aug Sep Oct Nov Dec Jan Feb Mar Animal Intakes Strays 9 4 11 7 8 2 7 7 3 Stray Dead 0 2 4 4 6 0 0 0 6 Owner Surrender 3 0 0 1 0 0 0 0 1 Other 4 2 0 1 1 0 Total 12 6 15 12 14 2 7 7 10 Animal Disposition Adopted 3 2 2 4 1 2 1 5 5 Returned to Owner 4 0 2 1 1 1 3 2 1 Euthanized 2 1 5 6 1 0 0 1 2 Other 1 0 0 2 2 0 0 0 0 Total 10 3 9 13 5 3 4 8 8 Page | 51 B.4.a Packet Pg. 104 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 52 B.4.a Packet Pg. 105 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Public Works •Engineering •NPDES •Storm Drain Maintenance •Facilities Maintenance •Parks Maintenance •Senior Bus Program Page | 53 B.4.a Packet Pg. 106 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 54 B.4.a Packet Pg. 107 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) Sheriff’s Contract •Law Enforcement Services Page | 55 B.4.a Packet Pg. 108 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 56 B.4.a Packet Pg. 109 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) San Bernardino County Sheriff’s Department Services February 2019 March 2019 Officer Contact and Calls 1,185 1,294 Calls to Dispatch February 2019 March 2019 Emergency 2 4 Priority 1 114 133 Priority 2 38 46 Priority 3 181 139 Priority 4 127 76 Totals 462 398 2 4114133 38 46 181 139 127 76 0 100 200 300 400 500 Feb-19 Mar-19 Calls to Dispatch Emergency Priority 1 Priority 2 Priority 3 Priority 4 462 398 Emergency – 911 calls (evaluated for substance). Priority 1 – Currently active, 15 minutes or less. Priority 2 – Just occurred, 15 minutes or more. Priority 3 – Calls over 30 minutes ago. Priority 4 – Incident calls, counter calls. Note: As dispatch receives more information during the call, the level of priority can change to a higher or lower level priority. Page | 57 B.4.a Packet Pg. 110 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 58 B.4.a Packet Pg. 111 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) San Bernardino County Fire Page | 59 B.4.a Packet Pg. 112 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 60 B.4.a Packet Pg. 113 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) City of Grand Terrace Fire Department Incidents 03/01/19 – 03/31/19 Call Type Number of Calls Commercial Alarm 6 Fire – Commercial Structure 1 Fire – Unknown Type 3 Fire - Vehicle 1 Hazardous Materials 1 Medical Aid 105 Move Up (Cover Engine in to FS#23) 1 Outside Investigation 4 Public Service 3 Residential Alarm 1 Traffic Collision Unknown Injuries 4 Traffic Collision Unknown Injuries – Freeway 3 Total Calls 133 Page | 61 B.4.a Packet Pg. 114 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) This page left intentionally blank. Page | 62 B.4.a Packet Pg. 115 Attachment: All Departmental Monthly Reports Mar 2019 (Department Monthly Activity Report - March 2019) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: February-2019 Monthly Financial Report PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Receive and file the February-2019 Monthly Financial Report. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The attached Monthly Financial Report (MFR) is for the period ending February 28, 2019. The purpose of the MFR is to identify actual revenues received and expenditures incurred for the relevant period and compare them to the Approved Budget. The Fiscal Year (FY) 2018-19 Approved Budget amounts are presented in the attached MFR for reference purposes. Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report. The “expected” revenues reflect an analysis of revenue receipts that have, historically, been received as of this month in the fiscal year. The resulting positive or negative variances shown in the MFR are in comparison to these “expected” receipts. REVENUE RECEIPTS Some revenues are received consistently within the fiscal year, however, not necessarily on a monthly basis. The largest sources of revenue are shown below with their revenue cycles: 1. Property Tax (encompasses almost 36% of the General Fund’s revenue sources at $1.9m), the bulk of which is received twice a year: December/January and May/June of each fiscal year. 2. Residual Receipts from the Redevelopment Property Tax Trust Fund (RPTTF), encompasses almost 20% of the General Fund’s revenue at $1m, is also received in December/January and May/June each fiscal year. 3. Sales Tax (encompasses about 14% of the General Fund revenue sources at $770k), although is received monthly, the first month’s (July) allocation is not received until September of the fiscal year; however, by the end of the fiscal year B.5 Packet Pg. 116 (June) the remaining months’ allocation, which would be April, May and June, are received and recorded by June 30th of the fiscal year. 4. Franchise Fees (encompasses almost 10% of the General Fund’s revenue sources) are received from the following companies: Payee Revenue Receipt Cycle Burrtec Waste Industries Monthly AT & T Quarterly Charter Communications/Spectrum Quarterly Riverside Highland Water Co Annually Southern California Edison Annually Southern California Gas Co Annually EXPENDITURES When reviewing the charts that provide the current monthly status of both revenues and expenditures, it is helpful to bear in mind that some of the fluctuations from month to month may be due to the following: 1. Invoices were not submitted to the City in a timely manner; and 2. Invoices may have required further review by the authorizing department. The analysis and reporting provided is intended to keep the City Council informed regarding the City’s financial position relative to the budget, and to identify any financial issues or concerns that arise during the fiscal year so appropriate and timely action can be taken in response to these developments. In addition, the MFR contains charts that compare actual receipts and expenditures against expected and approved budgets. Each c ategory has 2 charts: 1. the 1st chart shows the actual receipts or expenditures incurred for the current fiscal year (FY2018-19) and is compared to the prior year (2017-18) actuals; and 2. the 2nd chart shows the total annual amounts incurred, for the current year, the prior year and is compared to the “expected” amounts for the current year. DISCUSSION: On March 26, 2019, in conjunction with the January-2019 Monthly Financial Report, City Council was provided with the FY2018-19 Mid-Year and Year-End Projections. Operating revenues for the current year are expected to decrease by $121,785; likewise, year-end operating expenditures are projected to be $114,389 less than budget, resulting in a projected minimal gain of $104. B.5 Packet Pg. 117 In order to provide a more meaningful monthly report in relation to year-end projections, the monthly financial report below has been revised and provides the following information by column: 1. Approved Budget (the General Fund Adopted Budget with any additional appropriations approved by City Council throughout the year); 2. Adjustments (increases or decreases projected by City staff to reflect year -end projections); 3. Year-End Projections (highlighted in yellow); 4. Expected Receipts/Allocations based on Approved Budget (with 8 months into the Fiscal Year, receipts and expenditures are expected between 60% and 65%); 5. Monthly Actuals (cumulative actuals as of February 28, 2019) – highlighted in light green; and 6. Variance (cumulative actuals vs. expected receipts/allocations). Operating Revenues As of February 28, 2019, General Fund operating revenues received were $3,242,949, or 58.6% of the approved budget of $5,533,815; however, revenues expected by this time were 61.2% of the approved budget, resulting in an overall revenue deficit of $67,366. As stated in the Mid-Year/Year-End Projections staff report, revenues will continue to decrease throughout the remainder of the year. Operating Expenditures General Fund operating expenditures through February 28, 2019 were $3,446,014, which represents 63.7% of the approved expenditures of $5,526,315. With 66.7% of the fiscal year elapsed through February, this shows a positive result of $49,381 against the expected budget of $3,495,395. The table below summarizes the General Fund’s revenue and expenditure report as of February 28, 2019. Table 1 City of Grand Terrace FY2018-19 Monthly Financial Report For the Period ending February 28, 2019 Approved Budget Projected Adj. Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt FEB. Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from exp.) REVENUES Property Tax $1,980,000 (3,700) $1,976,300 $964,820 48.8% $957,831 48.4% ($6,989) Residual Receipts - RPTTF $1,090,000 1,100 $1,091,100 $850,770 78.0% $851,038 78.1% $268 Residual Receipts - Housing $60,000 (60,000) $0 $60,000 $0 0.0% ($60,000) Franchise Fees $524,300 (9,300) $515,000 $201,930 39.2% $191,652 36.6% ($10,278) B.5 Packet Pg. 118 City of Grand Terrace FY2018-19 Monthly Financial Report For the Period ending February 28, 2019 Approved Budget Projected Adj. Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt FEB. Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from exp.) Licenses, Fees & Permits $419,415 ($43,335) $376,080 $271,035 72.1% $255,760 61.0% ($15,275) Sales Tax $770,000 $0 $770,000 $449,670 58.4% $442,312 57.4% ($7,358) Proceeds from Sale of Property $80,000 $0 $80,000 $0 0.0% $0 0.0% $0 Intergovernmental Revenue/Grants $26,500 ($6,500) $20,000 $12,270 61.4% $28,622 108.0% $16,352 Charges for Services $136,600 ($5,200) $131,400 $80,160 61.0% $85,819 62.8% $5,659 Fines & Forfeitures $62,500 $13,900 $76,400 $44,120 57.7% $48,170 77.1% $4,050 Miscellaneous $55,148 ($43,548) $11,600 $36,138 311.5% $35,618 64.6% ($520) Use of Money & Property $27,000 $16,400 $43,400 $18,700 43.1% $25,398 94.1% $6,698 Transfers In $2,352 48 $2,400 $2,352 98.0% $2,379 101.2% $27 Waste Water Receipts $300,000 $18,350 $318,350 $318,350 100.0% $318,350 106.1% $0 REVENUE $5,533,815 (121,785) $5,412,030 $3,310,315 61.2% $3,242,949 58.6% ($67,366) EXPENDITURES Salaries $1,188,831 ($32,201) $1,156,630 $735,100 63.6% $721,940 62.4% $13,160 Benefits $724,690 ($37,100) $687,590 $455,310 66.2% $453,929 66.0% $1,381 Prof./Cont. Svcs $3,155,351 ($12,941) $3,142,410 $2,029,345 64.6% $1,994,860 63.5% $34,485 Materials & Supplies $267,167 ($23,247) $243,920 $172,960 70.9% $168,438 69.1% $4,522 Lease of Facility/Eqpt $8,000 ($510) $7,490 $4,400 58.7% $4,865 65.0% ($465) Utilities $143,400 ($8,390) $135,010 $83,100 61.6% $82,282 60.9% $818 Overhead Cost Allocation ($87,450) $0 ($87,450) ($43,726) 50.0% ($43,726) 50.0% $0 Transfers Out $126,326 $0 $126,326 $58,906 46.6% $63,425 50.2% ($4,519) EXPENSE $5,526,315 (114,389) $5,411,926 $3,495,395 64.6% $3,446,014 63.7% $49,381 REVENUE & EXPENDITURE SUMMARY REVENUE $5,533,815 (121,785) $5,412,030 $3,310,315 61.2% $3,242,949 59.9% ($67,366) EXPENSE (5,526,315) $114,389 (5,411,926) (3,495,395) 64.6% (3,446,014) 63.7% $49,381 NET $7,500 ($7,396) $104 ($185,080) ($203,065) ($17,985) FISCAL IMPACT: B.5 Packet Pg. 119 As shown in Table 1, the City’s General Fund is in line with its year-end projections, for both revenues and expenditures. There is no fiscal impact to receiving and filing this report. ATTACHMENTS: • February-2019 Monthly Financial Report (PDF) APPROVALS: Cynthia A. Fortune Completed 04/16/2019 4:36 PM Finance Completed 04/16/2019 4:36 PM City Attorney Completed 04/16/2019 11:30 PM City Manager Completed 04/18/2019 12:05 AM City Council Pending 04/23/2019 6:00 PM B.5 Packet Pg. 120 City of Grand Terrace Monthly Financial Report For the Period Ending February 28, 2019 B.5.a Packet Pg. 121 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) Table of Contents GENERAL FUND Revenue Summaries Revenue Assumptions ........................................................................................... 4 Revenue Monthly Financial Detail ......................................................................... 5 Revenue Monthly History Charts: Property Tax ................................................................................................... 6 Sales Tax ........................................................................................................ 7 Licenses, Permits & Fees ............................................................................... 8 Franchise Fees ............................................................................................... 9 Expenditure Summaries Expenditure Assumptions ...................................................................................... 12 Expenditure Monthly Financial Detail by Category ................................................ 13 Expenditure Monthly History Charts: Salaries ........................................................................................................... 14 Benefits ........................................................................................................... 15 Professional/Contractual Services .................................................................. 16 Materials & Supplies ....................................................................................... 17 B.5.a Packet Pg. 122 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) GENERAL FUND REVENUE B.5.a Packet Pg. 123 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) REVENUE ASSUMPTIONS: 1. Property Tax receipts are usually received twice a year: in December and May. 2. Residual Receipts – Redevelopment Property Tax Trust Fund (RPTTF) receipts are received twice a year: June for the July - December period and January for the January - June period. 3. Franchise Fee receipts are received monthly and quarterly; usually 30 - 45 days after the month or quarter end. 4. Sales Tax receipts are received monthly; the State distributes (advances) sales tax revenues usually 60 days after the close of the month; then has a quarterly “true-up.” 5. Waste Water receipts are received annually, usually at the first month of the fiscal year. 6. All other receipts are based on historical receipt pattern. 7. Sections/Cost Centers are rolled into each Category as follows: a. Property Tax b. Residual Receipts c. Franchise Fees d. Licenses, Fees and Permits e. Sales Tax f. Sales Tax – Economic Development Agreement g. Proceeds from the Sale of Property h. Intergovernmental Revenues and/or Grants i. Charges for Services j. Miscellaneous Revenues k. Use of Money and/or Property l. Wastewater Receipts B.5.a Packet Pg. 124 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) Approved Budget Projected Adjustments Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from expected) REVENUES Property Tax $1,980,000 ($3,700)$1,976,300 $964,820 48.8%$957,831 48.5%($6,989) Residual Receipts - RPTTF $1,090,000 $1,100 $1,091,100 $850,770 78.0%$851,038 78.0%$268 Residual Receipts - Housing $60,000 ($60,000)$0 $60,000 $0 ($60,000) Franchise Fees $524,300 ($9,300)$515,000 $201,930 39.2%$191,652 37.2%($10,278) Licenses, Fees & Permits $419,415 ($43,335)$376,080 $271,035 72.1%$255,760 68.0%($15,275) Sales Tax $770,000 $0 $770,000 $449,670 58.4%$442,312 57.4%($7,358) Proceeds from Sale of Property $80,000 $0 $80,000 $0 0.0%$0 0.0%$0 Intergovernmental Revenue/Grants $26,500 ($6,500)$20,000 $12,270 61.4%$28,622 143.1%$16,352 Charges for Services $136,600 ($5,200)$131,400 $80,160 61.0%$85,819 65.3%$5,659 Fines & Forfeitures $62,500 $13,900 $76,400 $44,120 57.7%$48,170 63.0%$4,050 Miscellaneous $55,148 ($43,548)$11,600 $36,138 311.5%$35,618 307.1%($520) Use of Money & Property $27,000 $16,400 $43,400 $18,700 43.1%$25,398 58.5%$6,698 Transfers In $2,352 $48 $2,400 $2,352 98.0%$2,379 99.1%$27 Waste Water Receipts $300,000 $18,350 $318,350 $318,350 100.0%$318,350 100.0%$0 TOTAL REVENUES $5,533,815 ($121,785)$5,412,030 $3,310,315 61.2%$3,242,949 58.6%($67,366) Approved Budget Projected Adjustments Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from expected) EXPENDITURES Salaries $1,188,831 ($32,201)$1,156,630 $735,100 63.6%$721,940 62.4%$13,160 Benefits $724,690 ($37,100)$687,590 $455,310 66.2%$453,929 66.0%$1,381 Professional/Contractual Services $3,155,351 ($12,941)$3,142,410 $2,029,345 64.6%$1,994,860 63.5%$34,485 Materials & Supplies $267,167 ($23,247)$243,920 $172,960 70.9%$168,438 69.1%$4,522 Lease of Facility/Equipment $8,000 ($510)$7,490 $4,400 58.7%$4,865 65.0%($465) Utilities $143,400 ($8,390)$135,010 $83,100 61.6%$82,282 60.9%$818 Overhead Cost Allocation ($87,450)$0 ($87,450)($43,726)50.0%($43,726)50.0%$0 Transfers Out $126,326 $0 $126,326 $58,906 46.6%$63,425 50.2%($4,519) TOTAL EXPENDITURES $5,526,315 ($114,389)$5,411,926 $3,495,395 64.6%$3,446,014 63.7%$49,381 Approved Budget Projected Adjustments Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from expected) REVENUES $5,533,815 ($121,785)$5,412,030 $3,310,315 61.2%$3,242,949 59.9%($67,366) EXPENDITURES ($5,526,315)$114,389 ($5,411,926)($3,495,395)64.6%($3,446,014)63.7%$49,381 NET $7,500 ($7,396)$104 ($185,080)($203,065)($17,985) City of Grand Terrace FY2018-19 Monthly Financial Report For the Period ending February 28, 2019 REVENUE & EXPENDITURE SUMMARY B.5.a Packet Pg. 125 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY REVENUE - Property Tax (2018-19 vs. 2017-18) $0 $0 $21,623 $4,251 $44,222 $253,252 $578,933 $62,200 $6,415 $126,193 $689,249 $12,972 $0 $2,851 $1,740 $2,461 $51,397 $123,417 $724,339 $51,626 $0 $0 $0 $0 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals 964,481 957,831 964,820 500,000 700,000 900,000 1,100,000 1,300,000 1,500,000 1,700,000 1,900,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 126 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY REVENUE - Sales Tax (2018-19 vs. 2017-18) $0 $0 $88,514 $59,100 $78,800 $55,210 $59,100 $78,800 $37,058 $54,300 $42,854 $219,357 $0 $0 $69,387 $106,874 $60,330 $59,187 $59,729 $86,805 $0 $0 $0 $0 - 50,000 100,000 150,000 200,000 250,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals $419,524 $442,312 $449,670 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 127 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY REVENUE - Licenses, Permits & Fees (2018-19 vs. 2017-18) $20,520 $9,832 $53,817 $36,185 $13,608 $10,846 $36,435 $91,030 $31,270 $26,882 $22,137 $80,243 $12,406 $52,117 $20,886 $25,542 $13,228 $18,053 $71,521 $42,008 $0 $0 $0 $0 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals $272,273 $255,760 $271,035 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 128 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY REVENUE - Franchise Fees (2018-19 vs. 2017-18) $0 $0 $23,916 $17,991 $54,405 $18,258 $35,150 $52,017 $15,141 $136,068 $55,162 $102,653 $0 $3,833 $28,619 $44,314 $4,512 $38,255 $49,143 $22,976 $0 $0 $0 $0 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals $201,738 $191,652 $201,930 - 75,000 150,000 225,000 300,000 375,000 450,000 525,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 129 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) This page left intentionally blank. B.5.a Packet Pg. 130 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) GENERAL FUND EXPENDITURE BY CATEGORY B.5.a Packet Pg. 131 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) EXPENDITURE ASSUMPTIONS: 8. Expenditure appropriations are divided into 12 monthly allocations, with adjustments made for payroll periods, the timing of debt service payments, and certain quarterly allocations. 9. Sections/Cost Centers are rolled into each Category as follows: m. Salaries n. Benefits o. Professional/Contractual Services p. Materials and Supplies q. Lease of Facilities and/or Equipment r. Equipment s. Capital Projects t. Utilities u. Debt Services v. Overhead Cost Allocation w. Transfers Out B.5.a Packet Pg. 132 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) Approved Budget Projected Adjustments Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from expected) REVENUES Property Tax $1,980,000 ($3,700)$1,976,300 $964,820 48.8%$957,831 48.5%($6,989) Residual Receipts - RPTTF $1,090,000 $1,100 $1,091,100 $850,770 78.0%$851,038 78.0%$268 Residual Receipts - Housing $60,000 ($60,000)$0 $60,000 $0 ($60,000) Franchise Fees $524,300 ($9,300)$515,000 $201,930 39.2%$191,652 37.2%($10,278) Licenses, Fees & Permits $419,415 ($43,335)$376,080 $271,035 72.1%$255,760 68.0%($15,275) Sales Tax $770,000 $0 $770,000 $449,670 58.4%$442,312 57.4%($7,358) Proceeds from Sale of Property $80,000 $0 $80,000 $0 0.0%$0 0.0%$0 Intergovernmental Revenue/Grants $26,500 ($6,500)$20,000 $12,270 61.4%$28,622 143.1%$16,352 Charges for Services $136,600 ($5,200)$131,400 $80,160 61.0%$85,819 65.3%$5,659 Fines & Forfeitures $62,500 $13,900 $76,400 $44,120 57.7%$48,170 63.0%$4,050 Miscellaneous $55,148 ($43,548)$11,600 $36,138 311.5%$35,618 307.1%($520) Use of Money & Property $27,000 $16,400 $43,400 $18,700 43.1%$25,398 58.5%$6,698 Transfers In $2,352 $48 $2,400 $2,352 98.0%$2,379 99.1%$27 Waste Water Receipts $300,000 $18,350 $318,350 $318,350 100.0%$318,350 100.0%$0 TOTAL REVENUES $5,533,815 ($121,785)$5,412,030 $3,310,315 61.2%$3,242,949 58.6%($67,366) Approved Budget Projected Adjustments Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from expected) EXPENDITURES Salaries $1,188,831 ($32,201)$1,156,630 $735,100 63.6%$721,940 62.4%$13,160 Benefits $724,690 ($37,100)$687,590 $455,310 66.2%$453,929 66.0%$1,381 Professional/Contractual Services $3,155,351 ($12,941)$3,142,410 $2,029,345 64.6%$1,994,860 63.5%$34,485 Materials & Supplies $267,167 ($23,247)$243,920 $172,960 70.9%$168,438 69.1%$4,522 Lease of Facility/Equipment $8,000 ($510)$7,490 $4,400 58.7%$4,865 65.0%($465) Utilities $143,400 ($8,390)$135,010 $83,100 61.6%$82,282 60.9%$818 Overhead Cost Allocation ($87,450)$0 ($87,450)($43,726)50.0%($43,726)50.0%$0 Transfers Out $126,326 $0 $126,326 $58,906 46.6%$63,425 50.2%($4,519) TOTAL EXPENDITURES $5,526,315 ($114,389)$5,411,926 $3,495,395 64.6%$3,446,014 63.7%$49,381 Approved Budget Projected Adjustments Year-End Projection Expected based on Appr Bdgt Exp % Appr Bdgt Monthly Actuals Monthly Actuals % Appr Bdgt Variance (actuals from expected) REVENUES $5,533,815 ($121,785)$5,412,030 $3,310,315 61.2%$3,242,949 59.9%($67,366) EXPENDITURES ($5,526,315)$114,389 ($5,411,926)($3,495,395)64.6%($3,446,014)63.7%$49,381 NET $7,500 ($7,396)$104 ($185,080)($203,065)($17,985) City of Grand Terrace FY2018-19 Monthly Financial Report For the Period ending February 28, 2019 REVENUE & EXPENDITURE SUMMARY B.5.a Packet Pg. 133 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY EXPENDITURE - Salaries (2018-19 vs. 2017-18) $66,937 $71,036 $72,118 $74,895 $81,917 $81,473 $79,799 $81,029 $144,411 $77,682 $93,700 $243,924 38,969 127,439 86,038 88,542 88,975 85,148 122,833 83,997 - - - - - 50,000 100,000 150,000 200,000 250,000 300,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals $609,205 $721,940 $735,100 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 134 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY EXPENDITURE - Benefits (2018-19 vs. 2017-18) $36,304 $31,335 $51,895 $30,422 $37,067 $61,608 $68,806 $32,072 $54,407 $40,120 $62,544 $87,091 37,786 53,468 63,643 50,681 51,633 62,054 83,582 51,082 - - - - - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 2018-19 Actuals 2017-18 Actuals $349,509 $453,929 $455,310 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 135 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY EXPENDITURE - Professional Services (2018-19 vs. 2017-18) $174,419 $377,949 $98,339 $218,638 $242,541 $418,300 $89,633 $250,175 $273,665 $61,679 $350,121 $513,343 8,266 408,302 273,779 267,427 297,564 126,907 390,494 222,121 - - - - - 100,000 200,000 300,000 400,000 500,000 600,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals 1,869,993 1,994,860 2,029,345 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 136 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) MONTHLY EXPENDITURE - Materials & Supplies (2018-19 vs. 2017-18) $6,330 $14,683 $9,918 $16,956 $27,712 $12,478 $14,761 $11,860 $15,755 $14,193 $21,535 $74,136 1,749 10,088 31,650 30,079 25,406 32,280 8,588 28,598 - - - - - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN 2018-19 Actuals 2017-18 Actuals $114,697 $168,438 $172,960 - 50,000 100,000 150,000 200,000 250,000 FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected FY2017-18 Actuals FY2018-19 Actuals FY2018-19 Expected B.5.a Packet Pg. 137 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) This page left intentionally blank. B.5.a Packet Pg. 138 Attachment: February-2019 Monthly Financial Report (February-2019 Monthly Financial Report) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Second Reading and Adoption of an Ordinance Adding Chapter 12.56 to the Municipal Code to Regulate Wireless Telecommunication Facilities in the Public Right of Way PRESENTED BY: Alan French, Public Works Director RECOMMENDATION: 1. Read by title only, waive further reading and adopt 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 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety. BACKGROUND: At its regular meeting of April 9, 2019, the City Council introduced an ordinance which will establish new provisions in the City’s Municipal Code regulating wireless telecommunications facilities in the public right of way (“PROW”). By this staff report, staff is recommending that the City Council conduct a second reading and adopt the ordinance (attached). DISCUSSION: On September 27, 2018, the Federal Communications Commission (“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). While the validity of the Order is being challenged in Court and new legislation may be proposed, no stay has been granted and its provisions fully take effect on April 15, 2019. Significantly, the FCC Order not only curtails local government’s ability to regulate these facilities based on aesthetics, but it also provides that only published aesthetic regulations can be imposed. It is therefore criti cal that new regulations be adopted and published by the deadline date. As further detailed in the April 9, 2019 staff report, the City Attorney’s office prepared a proposed ordinance which will, in summary, do the following: B.6 Packet Pg. 139 • Provide that applications for small wireless facilities (or “SWFs”) in the public right of way (“PROW”) be reviewed administratively by the Director of Public Works due to the short time periods involved. • Establish operation and maintenance standards for wireless facilities in the PROW. • Allow for the flexibility needed in the face of rapidly changing wireless laws and technology. Rather than publish SWF aesthetic, location and design standards in the ordinance, staff proposed that such standards should be adopted as administrative regulations via a resolution that may be readily and quickly adapted given the frequency and magnitude of changes in law and technology surrounding wireless installations. This resolution was adopted on April 9, 2019 by the City Council, has taken effect, has been published on the City’s website, and requires no further action at this time. At the April 9, 2019 City Council meeting, the City Attorney recommended the adoption of an urgency ordinance to enact the ordinance regulations immediately (to ensure compliance by the FCC implementation date of April 15, 2019) along with the introduction of a regular ordinance. The urgency ordinance was adopted and took effect on April 9, 2019. The regular ordinance is now ready for second reading and adoption. If adopted, the regular ordinance will take effect May 23, 2019. 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 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 Guideline s 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 fea sible. FISCAL IMPACT: The ordinance will not have any impact on the General Fund other than to generate a nominal amount of revenue due to fees related to installations. B.6 Packet Pg. 140 ATTACHMENTS: • Wireless Ordinance (DOCX) APPROVALS: Alan French Completed 04/16/2019 9:52 AM City Attorney Completed 04/17/2019 12:57 PM Finance Completed 04/17/2019 2:59 PM City Manager Completed 04/18/2019 12:08 AM City Council Pending 04/23/2019 6:00 PM B.6 Packet Pg. 141 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. B.6.a Packet Pg. 142 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of 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 B.6.a Packet Pg. 143 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of 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 B.6.a Packet Pg. 144 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of 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 B.6.a Packet Pg. 145 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 5 01247.0006/534093.1 Exhibit “A” 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 havi ng 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 B.6.a Packet Pg. 146 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 6 01247.0006/534093.1 DAS and small cells). “Base station” does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation: 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 equipment 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 B.6.a Packet Pg. 147 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 7 01247.0006/534093.1 on a pre-existing structure, and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. “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 se t up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this chapter, 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 prio r 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 B.6.a Packet Pg. 148 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 8 01247.0006/534093.1 approvals. “Existing” does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility. “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 supporting 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, gutte rs, sidewalks, roadway medians, and parking strips. The PROW does not include lands owned, controlled or operated by the city for B.6.a Packet Pg. 149 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 9 01247.0006/534093.1 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. “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 equipment 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 technologically 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. However, for towers B.6.a Packet Pg. 150 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 10 01247.0006/534093.1 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 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 approval 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 through 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 to 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 co nditions that, solely for convenience, have been set forth below: 1. The facilities: B.6.a Packet Pg. 151 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 11 01247.0006/534093.1 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 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. Section 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, r adio 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. B.6.a Packet Pg. 152 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 12 01247.0006/534093.1 “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: 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 fe deral 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 service s 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 p ermit” 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 any 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 pursu ant 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 th e 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, b ut no longer B.6.a Packet Pg. 153 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 13 01247.0006/534093.1 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. 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 facilitie s, and proposed changes to any support structure consistent with this chapter; 5. Collect, as a condition of the completeness of any application, any 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, requests for information, or conduct or commission such studies as may be required to determine whether a permit shou ld 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 facili ty 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.6.a Packet Pg. 154 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 14 01247.0006/534093.1 B. Administrative Wireless Telecommunications Facilities Permits (“Administrative WT FP”). 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. B.6.a Packet Pg. 155 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 15 01247.0006/534093.1 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 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 oth er 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 ot herwise, 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. B.6.a Packet Pg. 156 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 16 01247.0006/534093.1 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 c ontact 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 with 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 nearest 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. B.6.a Packet Pg. 157 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 17 01247.0006/534093.1 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 th e 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 servin g 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. B.6.a Packet Pg. 158 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 18 01247.0006/534093.1 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 applicant’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 nonco mpliant 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 support facilities are reasonably available or technically feasible. c. If a portion of the proposed facility lies within a jurisd iction 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 fr om 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 e quipment 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. B.6.a Packet Pg. 159 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 19 01247.0006/534093.1 9. An accurate visual impact analysis showing the maximum 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 telecommunication s 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). B.6.a Packet Pg. 160 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 20 01247.0006/534093.1 18. Address labels for use by the city in noticing all property own ers 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 nec essary 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 for 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 analys is, 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 establis hed 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 federa l 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 city’s application form in consultation with the city attorney. R equests 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 city 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. B.6.a Packet Pg. 161 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 21 01247.0006/534093.1 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 incompleteness 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, places equipment underground, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the 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, requirements 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 B.6.a Packet Pg. 162 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 22 01247.0006/534093.1 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 fo r 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 B.6.a Packet Pg. 163 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 23 01247.0006/534093.1 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 applicable, 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 jurisdiction 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: B.6.a Packet Pg. 164 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 24 01247.0006/534093.1 (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. Tha t 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 provide 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 B.6.a Packet Pg. 165 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 25 01247.0006/534093.1 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 to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act. 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 other 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 shall 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 cab les and wires out of public view and, to the extent feasible, concealed inside the structure, pole, etc . All antenna B.6.a Packet Pg. 166 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 26 01247.0006/534093.1 mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise pr ovided 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 facilty 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 B.6.a Packet Pg. 167 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 27 01247.0006/534093.1 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 the 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 valve, 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. B.6.a Packet Pg. 168 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 28 01247.0006/534093.1 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 residence. 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, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the cit y to provide screening or to conceal the facility. 13. Signage. No facility shall bear any signs or advertising 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 beacon s 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, and must B.6.a Packet Pg. 169 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 29 01247.0006/534093.1 install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The city may, in its discretio n, 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 publ ic 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 with out 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 condi tions of approval deemed necessary by the public works director or the approving city body. B.6.a Packet Pg. 170 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 30 01247.0006/534093.1 12.56.080 -location restrictions; Exceptions for non-compliant major wireless TELECOMMUNICATIONS facilities. A. Locations Requiring an Exception. Major WTFPs are strongly di sfavored 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 requiri ng 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 strength 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 the applicant's reasonable objectives of covering an established significant gap (as establ ished under state and federal law). B.6.a Packet Pg. 171 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 31 01247.0006/534093.1 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 designated 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, B.6.a Packet Pg. 172 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 32 01247.0006/534093.1 and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the private property owner and shall reasonably cooperate in the defense. The city shall have the right to approve, which approval shall not be unreasonably withheld, t he 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 term 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 co uncil. 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 condition, including ensuring the facilities are reasonably free of: 1. Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support t o 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. B.6.a Packet Pg. 173 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 33 01247.0006/534093.1 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 aft er 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 co mply 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 the 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 issu ance 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 wi th 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 after written notice and reasonable opportunity to cure have been given shall be grounds for the city to revoke the permit. O. Interference. B.6.a Packet Pg. 174 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 34 01247.0006/534093.1 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 ca rry 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 give 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 re gulations 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 represe ntative 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. B.6.a Packet Pg. 175 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 35 01247.0006/534093.1 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 n ecessary 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, mail boxes, permitted sidewalk dining, permitted street furniture or other 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 California 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) in B.6.a Packet Pg. 176 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 36 01247.0006/534093.1 the PROW, or any part thereof, shall vest or accrue in permittee by reason of a wirel ess 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 o f 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 ap proval 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 publ ic 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; B.6.a Packet Pg. 177 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 37 01247.0006/534093.1 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 termination 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, except 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, and 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 termination 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 established 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 the 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. 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 B.6.a Packet Pg. 178 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) PAGE 38 01247.0006/534093.1 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 p erformance 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 faci lity 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 provision 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 applicatio ns 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 laws 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 conditional 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 the 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 investment 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 public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property. B.6.a Packet Pg. 179 Attachment: Wireless Ordinance [Revision 1] (Second Reading of an Ordinance of Wireless Facilities) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Quarterly Business License Report Ending March 31, 2019 PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Receive and file the Quarterly Business License Report ending March 31, 2019. 2030 VISION STATEMENT: This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability”, and Goal #3, “Promote Economic Development” through the reporting of new businesses within the City. This report provides City Council with business types and descriptions of the new businesses that come into the City. BACKGROUND: The Finance Department provides a Quarterly Business License Report (QBLR) which is submitted to the City Council each quarter showing monthly data of new businesses that have acquired a business license. The attached QBLR is for the 3rd quarter ending March 31, 2019. The purpose of the QBLR is to recognize new businesses that have opened in Grand Terrace; identify projected revenue receipts from these new businesses and provide the locations of the new businesses that opened offices in the City. This report highlights and details for FY2018-19 3rd quarter ending March 31, 2019. DISCUSSION: Chapter 5.04 of the City’s Municipal Code states tha t any person, firm or corporation conducting or carrying on business within the city limits shall be charged a business license tax. The City of Grand Terrace (City) contracts with MuniServices (Consultant) for the following three (3) main components: 1. Tax Administration: of the City’s business license processing, renewals, collections, on-going monitoring and administration of the business license tax. a. Online Application and Renewal: B.7 Packet Pg. 180 • Provide a link on the City’s website that will enable all businesses to apply for a business license and pay its business tax on -line through Consultant’s software application; • Provide a kiosk linking to the Consultant’s website to allow on-line processing and printing of applicable documents and receipts for Walk-In customers into City Hall. b. Taxpayer Notification and Remittance: • Consultant to send individualized tax forms to all known taxpayers; • Taxpayers will remit payments to the City c/o Consultant. c. Deposit Process: • Deposits will be made via Automated Clearing House (ACH) as instructed by the City; • Deposits will be for amounts received less Consultants’ fees ($12.00 per license payment processed). NEW BUSINESS LICENSES ISSUED For the 3rd quarter period from January 1, 2019 through March 31, 2019, 40 business licenses were issued. Of the 40 business licenses, 21 have physical addresses in the City. Below are tables and charts that summarize all licenses issued during the 3rd Quarter: Month In City Outside City TOTAL 1st Quarter July 5 18 23 August 3 16 19 September 2 8 10 Total 1st Quarter 10 42 52 2nd Quarter October 8 27 35 November 2 13 15 December 2 8 10 Total 2nd Quarter 12 48 60 3rd Quarter January 1 1 2 February 12 6 18 March 8 12 20 B.7 Packet Pg. 181 Month In City Outside City TOTAL Total 3rd Quarter 21 19 40 GRAND TOTAL 43 109 152 Approximately 28% of all new business licenses issued this fiscal year have physical locations within City limits. These businesses are estimating total annual Gross Receipts of $1,846,427. Below is a graph of new business licenses issued with physical locations within and outside City limits. 10 42 12 48 21 19 00 0 10 20 30 40 50 60 Jul - Sep Oct - Dec Jan - Mar Apr - Jun In City Outside City New Business Licenses by Quarter B.7 Packet Pg. 182 1 1 12 6 8 12 0 5 10 15 20 January February March In City Outside City New Business Licenses, 3rd Quarter NEW BUSINESS LICENSES ISSUED WITHIN THE CITY – Physical Map B.7 Packet Pg. 183 NEW BUSINESS LICENSES ISSUED WITHIN THE CITY (Address Detail) for the FY2018-19 3rd Quarter (January-2019 through March-2019) Physical Address Business Name DBA NAICS Description A 23200 BARTON ROAD ALLEN JAME D BENSON BENSON PRODUCTIONS Commercial Photography B 12210 MICHIGAN STREET BEL MAR MAINTENANCE SERVICES IN All Other Specialty Trade Contractors C 22899 MIRIAM WAY BOAL SHAD K BOAL ELECTRIC Electrical Contractors and Other Wiring Installation Contractors D 22488 BARTON RD SUITE 103 CARDENAS SANDRA SWEET LIFE BAKERY Commercial Bakeries E 23074 SISKIN COURT CURTIS HAZEL Independent Artists, Writers, and Performers F 22365 BARTON ROAD SUITE 113 GUTIERREZ LOPEZ JESUS ERNESTO KUTZ TRUCKING Other Accounting Services G 12139 MOUNT VERNON AVENUE SUITE 100 KEOUGH KELLY P GRAND TERRACE CHIROPRACTIC Offices of Chiropractors H 22303 LADERA ST LIL MUNCHKINS PLAYGROUND LLC LIL MUNCHKINS PLAYGROUND I 12210 MICHIGAN STREET SUITE 2 LUXURY WINDOW FASHIONS LUX GARAGE CABINETS Finish Carpentry Contractors J 22481 BARTON ROAD MACIAS VANITY COSMETOLOGY Beauty Salons K 22481 BARTON ROAD MALICDEM ROXANNE HAIR LOUNGE Beauty Salons L 22270 BARTON ROAD MARTINEZ MAXINE E Beauty Salons M 21935 VAN BUREN STREET SUITE B7 MATTHEWS CARRIE ABSOLUTE LIVESCAN Investigation Services N 21935 VAN BUREN STREET NEXTG COMMUNICATIONS INC NEW PATH TELECOM SERVICES Electrical Contractors and Other Wiring Installation Contractors B.7 Packet Pg. 184 Physical Address Business Name DBA NAICS Description O 22002 & 21999 TANAGER STREET PETTIT JOHN Lessors of Residential Buildings and Dwellings P 11918 PASCAL AVE QUALITY SERVICE PLUMBING & AIR Plumbing, Heating, and Air- Conditioning Contractors Q 12767 ROYAL AVENUE RAFEEDIE GHADA Lessors of Residential Buildings and Dwellings R 22480 BARTON ROAD REYNOLDS STEPHANIE COSMETOLOGIST Beauty Salons S 22412 AND 22416 TERRACE PINES SIEMER DOUGLAS SIEMER SHU Lessors of Residential Buildings and Dwellings T 22365 BARTON ROAD SUITE 310 THOMAS E BOWERS INC TEM'S TOOLS Offices of All Other Miscellaneous Health Practitioners U 22365 BARTON ROAD SUITE 308 YASIN LAYTH M GI IMPORTS Used Car Dealers FISCAL IMPACT Total business license fees collected for all business licenses issued are shown below: Month In City (Amount) Outside City (Amount) TOTAL 1st Quarter July $274 $1,023 $1,297 August $182 $815 $997 September $68 $441 $509 Total 1st Quarter $524 $2,279 $2,803 2nd Quarter October $382 $797 $1,179 November $65 $601 $666 December $38 $298 $336 Total 2nd Quarter $485 $1,696 $2,181 3rd Quarter January $34 $154 $188 February $752 $441 $1,193 B.7 Packet Pg. 185 Month In City (Amount) Outside City (Amount) TOTAL March $642 $743 $1,385 Total 3rd Quarter $1,428 $1,338 $2,766 GRAND TOTAL $2,437 $5,313 $7,750 There is no fiscal impact associated with the receipt of the 3rd Quarter Business License Report ending March 31, 2019. APPROVALS: Cynthia A. Fortune Completed 04/17/2019 6:48 PM Finance Completed 04/17/2019 6:49 PM City Attorney Completed 04/17/2019 10:07 PM City Manager Completed 04/18/2019 12:06 AM City Council Pending 04/23/2019 6:00 PM B.7 Packet Pg. 186 AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Resolution Adopting List of Projects Proposed to be Funded by SB 1 2019-2020 PRESENTED BY: Alan French, Public Works Director RECOMMENDATION: RECOMMENDATION: Adopt Resolution No. 2019-20 approving the list of projects to be submitted to the California Transportation Commission (CTC) for Road Maintenance and Rehabilitation Account (RMRA) funding 2030 VISION STATEMENT: This staff report supports Goal #1 "Ensure our Fiscal Viability" by iden tifying additional revenue sources, and Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. BACKGROUND: On April 28, 2017 the Governor signed Senate Bill (SB) 1 (2017 -2018, Beall) to address deferred maintenance on the state highway system and on the local streets and roads system. On November 1, 2017, the State Controller began depositing funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). This new funding is apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. SB 1 established requirements for holding local governments accountable for the efficient use of public funds to maintain public streets and roads. Therefore, in order to be eligible for RMRA funding, cities and counties must provide basic annual project reporting to the California Transportation Commission (CTC), including submittal of a list of projects each fiscal year proposed for funding in a resolution adopted by the City Council. DISCUSSION: Through SB 1, cities are receiving additional gas tax revenue to address deferred maintenance of local streets and road systems. The City of Grand Terrace is set to receive an additional $200,000 in gas tax funding for Fiscal Year 2019 -20, and $200,000 or more in additional funding each fiscal year following. B.8 Packet Pg. 187 As stated previously, each fiscal year cities must submit a list of projects adopted by the City Council that is proposed for funding. On November 14, 2017, the City Council approved a five-year Measure I Capital Improvement Plan. Each year, an update is provided to the Council in or around November. Included in the 2019/20 list of projects is the section of Barton Road from Glendora Drive to the eastern City limit. That section of road has deteriorated quicker than expected and if the construction bids come in favorable for this year’s project, we will be able to include it this year. This early resolution is required to allocate the funding for the next fiscal year funding. Therefore, staff is recommending that Council adopt a resolution approving the Fiscal Year 2019-20 CIP list of projects to be submitted to the CTC for RMRA funding. FISCAL IMPACT: The actual cost of the street improvements will come to City Council at the time of award of contract in Summer 2019. The SB 1 RMRA funding will provide $200,000 in additional funding to cover Fiscal Year 2019-20 Capital Improvement Plan and road maintenance expenses. ATTACHMENTS: • SB 1Resolution (DOCX) APPROVALS: Alan French Completed 04/18/2019 9:03 AM City Attorney Completed 04/18/2019 12:06 PM Finance Completed 04/18/2019 12:27 PM City Manager Completed 04/18/2019 12:27 PM City Council Pending 04/23/2019 6:00 PM B.8 Packet Pg. 188 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure City of Grand Terrace residents are aware of the projects proposed for funding in this community and which projects have been completed each fiscal year; and WHEREAS, the City Council of the City of Grand Terrace must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $200,000 in RMRA funding in Fiscal Year 2019-20 from SB 1; and WHEREAS, this is the third year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate numerous streets and add active transportation infrastructure throughout the City this year and in future years; and B.8.a Packet Pg. 189 Attachment: SB 1Resolution [Revision 1] (SB 1 Resolution for 2019-2020) WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits statewide. 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 recitals are true and correct and, accordingly, are incorporated herein as findings and a material part of this Resolution. SECTION 2. The following list of proposed projects are hereby approved, adopted, and a funded in-part or solely with fiscal year 2019-20 Road Maintenance and Rehabilitation Account revenues adding Barton Road to the CIP: Project estimated bid date is June 1, 2019. B.8.a Packet Pg. 190 Attachment: SB 1Resolution [Revision 1] (SB 1 Resolution for 2019-2020) SECTION 3. This Resolution shall go into full force and effect immediately. SECTION 4. 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 23rd day of April, 2019. ________________________________ Darcy McNaboe Mayor ATTEST: ________________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra City Attorney B.8.a Packet Pg. 191 Attachment: SB 1Resolution [Revision 1] (SB 1 Resolution for 2019-2020) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Professional Services Agreement with KTUA to Prepare the Michigan Street Walkability/Complete Street Plan and Appropriation of Bond Funds Thereof in the Amount of $74,509.00 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; 2. Authorize the City Manager to Execute the Contract, subject to City Attorney approval as to form; 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 pedestrians, bicyclists and motorists. BACKGROUND: This item was originally scheduled for City Council consideration on April 9, 2019. However, the item was not discussed and moved to April 23, 2019, to provide Staff the G.9 Packet Pg. 192 opportunity to inform residents along Michigan Street of the project. A copy of the letter mailed to the residents is attached. On October 9, 2018, the City Council approved a list of priority projects for 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 bo nd 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, 2019 to respond to questions received and provide additiona l 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 s and high school students. It identified that with the extension of Commerce Way to Main Street, traffic would shift 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 an 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, 2019 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. G.9 Packet Pg. 193 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 appropr iation 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 - Richard 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 10-955-800-106 Barton Road Streetscape Plan (KTUA) $60,000 $763,500 Balance $1,108,763 Other City Council-Approved Priority Projects Mount Vernon Slope $580,000 Sidewalk & Storm Drains on Michigan $300,000 Proposed 4/23/19 Michigan Walkable Street Plan (KTUA) $74,509 Barton Road Business Sign Program $100,000 $1,054,509 G.9 Packet Pg. 194 City of Grand Terrace Use of Approved 2011A Bond Proceeds (20%) Amount Net $54,254 Proposed 4/23/19 Notice of Completion for Dog Park $54,254 Balance $0 ATTACHMENTS: • KTUA Grand Terrace Michigan St-Complete Street (PDF) • KTUA Cost Proposal (PDF) • Resolution Use of Bond Proceeds-Michigan Complete Street (DOCX) • Michigan Street Consultant List (PDF) • Ltr to Residents on Michigan Street (PDF) • Contract Services Agreement-KTUA-Michigan Street (DOCX) APPROVALS: Sandra Molina Completed 04/12/2019 4:52 PM City Attorney Completed 04/16/2019 11:52 PM Finance Completed 04/17/2019 12:52 PM City Manager Completed 04/18/2019 12:07 AM City Council Pending 04/23/2019 6:00 PM G.9 Packet Pg. 195 CITY OF GRAND TERRACE MICHIGAN STREET WALKABILITY/COMPLETE STREET PLAN PROPOSAL | FEBRUARY 27, 2019 Michigan Street, Grand Terrace G.9.a Packet Pg. 196 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 197 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 198 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 199 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 200 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 201 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 202 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 203 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 204 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 205 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 206 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 207 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 208 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 209 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 210 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 211 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 212 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 213 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 214 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 215 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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.9.a Packet Pg. 216 Attachment: KTUA Grand Terrace Michigan St-Complete Street (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? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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.9.a Packet Pg. 217 Attachment: KTUA Grand Terrace Michigan St-Complete Street (Award of Contract to KTUA for Michigan Street Plan) G.9.bPacket Pg. 218Attachment: 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 STREETS 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 (“HSC”) 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.9.c Packet Pg. 219 Attachment: Resolution Use of Bond Proceeds-Michigan Complete Street (Award of Contract to KTUA for Michigan Street Plan) Resolution 2019-__ Page 2 of 3 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. That the City Manager is herein authorized to expend $75,000.00 of the Bond Proceeds 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. All resolutions and other actions of the City Council in confli ct with the contents of this Resolution are hereby repealed. SECTION 5. This Resolution shall go into full force and effect immediately, but the individual fees shall become effective as provided by the applicable provisions of State Law. SECTION 6. 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 23rd day of April 2019. ________________________________ Darcy McNaboe Mayor ATTEST: ________________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ________________________________ Adrian R. Guerra City Attorney G.9.c Packet Pg. 220 Attachment: Resolution Use of Bond Proceeds-Michigan Complete Street (Award of Contract to KTUA for Michigan Street Plan) Resolution 2019-__ Page 3 of 3 G.9.c Packet Pg. 221 Attachment: Resolution Use of Bond Proceeds-Michigan Complete Street (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.9.d Packet Pg. 222 Attachment: Michigan Street Consultant List (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and KTUA G.9.f Packet Pg. 224 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND KTUA This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND KTUA” (herein “Agreement”) is made and entered into this 23rd day of April, 2019 by and between the City of Grand Terrace, a California municipal corporation (“City”) and KTUA (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall G.9.f Packet Pg. 225 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -3- mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. G.9.f Packet Pg. 226 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Four Thousand Five Hundred Nine Dollars and No Cents ($74,509.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. G.9.f Packet Pg. 227 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -5- 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. G.9.f Packet Pg. 228 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -6- ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but no t exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: G.9.f Packet Pg. 229 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -7- Joe Punsalan Associate Principal Planner (Name) (Title) (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be G. Harold Duffey, City Manager, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. G.9.f Packet Pg. 230 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -8- 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by G.9.f Packet Pg. 231 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -9- or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure G.9.f Packet Pg. 232 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -10- to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, G.9.f Packet Pg. 233 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -11- administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager G.9.f Packet Pg. 234 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -12- of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or G.9.f Packet Pg. 235 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -13- upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepar ed by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. G.9.f Packet Pg. 236 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -14- ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this G.9.f Packet Pg. 237 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -15- Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate G.9.f Packet Pg. 238 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -16- such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. G.9.f Packet Pg. 239 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -17- 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. G.9.f Packet Pg. 240 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -18- 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to an y third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. G.9.f Packet Pg. 241 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 -19- [SIGNATURES ON FOLLOWING PAGE] G.9.f Packet Pg. 242 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ G. Harold Duffey, City Manager ATTEST: _____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________ Adrian R. Guerra, City Attorney CONSULTANT: KTUA By: ___________________________________ Name: Title: By: ___________________________________ Name: Title: Address: ______________________________ _____________________________ _____________________________ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. G.9.f Packet Pg. 243 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.9.f Packet Pg. 244 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califor nia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.9.f Packet Pg. 245 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 A-1 EXHIBIT “A” SCOPE OF SERVICES I. By this Agreement and subject to these Scope of Services, Consultant shall create a Michigan Street Walkability – Complete Street Plan, between Commerce Way and Main Street with the following background: A. 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. Michigan Street is heavily used by students to walk to Grand Terrace High School, yet it does not have continuous sidewalks. Portions of the roadway also carry large volumes of stormwater during large storm events. The City anticipates the construction of master storm drains within Michigan Street and at its intersections with Van Buren Avenue and Pico Street. The City plan s to extend Commerce Way to Main Street, which will shift traffic from Michigan Street to Commerce Way. B. Michigan Street can then transition into a complete street. 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 complete street plan must also make allowances for storm drain improvements. The final work product from Consultant shall be a Michigan Street Walkability – Complete Street Plan, between Commerce Way and Main Street, and exhibits that can be leveraged towards application for various grant funding sources (“Services”). In carrying out the above, Consultant will perform the following Services: A. Task 1: Project Management (i) Kick off Meeting. Consultant shall contact City staff to coordinate the scheduling of a kick off meeting within 30 days of this Agreement’s effective date, or as otherwise approved by the Contract Officer. The purpose of this meeting includes but is not limited to organizing and refining the work plan, community engagement, clarifying data needs, and beginning to develop ideas. Consultant shall develop a kick off meeting agenda and meeting minutes. (ii) Coordination Meetings. KTUA will schedule up to three (3) meetings with the City to discuss project status, community outreach, and conceptual design. Conceptual 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 at no additional cost to the City. (iii) Task 1 Deliverables. Meeting agendas and meeting minutes for each of the meetings mentioned above. G.9.f Packet Pg. 246 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 A-2 B. Task 2: Existing Conditions and Data Collection (i) Data Collection. Consultant shall work with the City and any other sources 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. As part of this data collection, Consultant shall evaluate if there is critical data missing and will work with the City to collect such data. Field surveys will also be conducted to review and record existing conditions to identify any unusual or special conditions that may affect implementation and will build upon data already collected as part of the ATP. The data collected will be compiled 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. (ii) Traffic Counts. To better understand vehicular, pedestrian and bicycle volumes, Consultant shall conduct traffic counts. Consultant shall 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. (iii) Task 2 Deliverables: Existing Conditions Report. C. Task 3: Community Engagement (i) Outreach to Neighbors and Stakeholders. Consultant understands that street improvements and grant applications now require extensive community engagement. Participation of citizens, businesses, landowners, appointed and elected officials, and other stakeholders throughout the City’s community is paramount to the success of the Plan. Consultant shall coordinate with the City to reach out to the residents along Michigan Street and coordinate with Syreeta Afadonis at Grand Terrace High School to distribute flyers to students at Grand Terrace High School. Consultant shall also 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 otherwise by the Contract Officer at the kick-off meeting. Announcements will also be posted on the City’s website and an e-blast will be sent to the stakeholders and participants from the Active Transportation Plan. 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 G.9.f Packet Pg. 247 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 A-3 following key messages will be shared with the community members and stakeholders so that expectations and outcomes are clear and understood: (1) What is your primary mode of transportation through these corridors and what improvements would you like to see? (2) What kinds of challenges are you currently experiencing that make it difficult and unsafe to travel throughout the corridor? City may add additional key messages at its discretion. For these workshops, Consultant shall prepare all materials, such as an introductory presentation, large scale aerial photo maps, and informative graphics. All materials shall be prepared in both English and Spanish. (ii) 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 Consultant 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. (1) Consultant shall provide a brief presentation (10-15 minutes) typically starting ten minutes into the workshop to account for people signing in, snacks, etc. (2) 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 designing the corridor to mitigate those concerns. Each table will work together to solve common concerns, then report back to the group on their final recommendations. This method has been highly effective in gaining consensus on recommendations and bringing neighbors together for a common goal. (iii) Workshop #2 The second workshop shall consist of an open house setting where workshop participants can review the Michigan Street Concepts. This will allow one-on-one dialogue with Consultant’s team and City staff. Large table maps shall be provided for participants to comment and provide final input. Depending on the turnout of the first workshop, City, in its sole G.9.f Packet Pg. 248 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 A-4 discretion, may elect to conduct the second workshop as part of the City’s “Community Day” (generally occurring in June of each year). (iv) Task 3 Deliverables: Community engagement plan, workshop and website materials, sign-in sheets, workshop flyers, workshop results. D. Task 4: Schematic Design Phases (i) 10% - Schematic Conceptual Design (for Workshop #1). Consultant shall prepare a schematic conceptual design. These will then be presented at Workshop #1 for initial community input. Once comments have been compiled, City has vetted the comments, and City has approved any changes, Consultant shall complete the final conceptual design. (ii) 30% - Schematic Conceptual Design (Workshop #2). Consultant shall prepare the 30% schematic conceptual plans created and workshopped under Section I(D)(i) of this Exhibit into one final conceptual design. These will then be presented at the second workshop for final community input. Once comments have been compiled, vetted, and any changes approved, 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, Consultant will 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 preparation of the streetscape recommendations. In addition, Consultant will provide a Green Street Toolbox that will identify the various options for urban greening elements 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. Consultant shall communicate potentially complex issues through informative graphics such as large-scale aerial photo maps and 3D models. This includes 3D cross sections which will be developed on a segment-by- segment basis. (iii) Quality Assurance/Quality Check Review. All schematic designs and draft documents will be reviewed using Consultant’s checker, backchecker, and verifier system to provide error free documents. (iv) 30% Draft Document. A 30% draft document shall include all the community engagement, existing conditions, and schematic design plans. G.9.f Packet Pg. 249 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 A-5 (v) Preliminary Cost Estimates. Upon completion of the final schematic design phases, Upon completion of the final design, Consultant shall develop cost estimates using Caltrans latest format from the Cycle 4 ATP program. Depending on the project and its needs, cost estimates will include improvements such as painted lane treatments, intersection controls, and additional signage, for examples. (vi) Task 4 Deliverables: Schematic designs (10%), draft and final conceptual plans (30%), 3D cross-sections and cost estimates. E. Task 5: 100% Document and Final Design Development Plan (i) Final Design Development Plan and 100% Document. Consultant shall draft the 100% document and final design development plan so that it is a combination of the two (2) schematic conceptual designs, color renderings, and community workshop input. This 100% document and final – design development plan shall have the necessary background information to support Michigan Street’s integration into the City’s CIP list and/or grant applications. Consultant shall also draft an implementation plan, which shall include short term (3 year) and long term (5 year) implementation timeframes for Michigan Street. The implementation process shall also include: (1) Proposing a phasing strategy to implement projects incrementally (2) Identifying high priority phases that should be implemented first (3) Identifying existing infrastructure projects already approved to incorporate active transportation facilities (4) Prioritizing the remaining projects to be built after high priority projects are completed (ii) Quality Assurance/Quality Check Final Review. All final documents will be reviewed using Consultant’s checker, backchecker, and verifier system to provide error free documents. (iii) Final Cost Estimate. Consultant shall develop a final cost analysis for the City’s implementation of the final approved schematic design. (iv) 3D Fly-through Video. Consultant shall develop a fly-through video of the final design development plan for City Council presentations and for City’s use in future planning a promotional complete street efforts. (v) One City Council Presentation. Consultant shall prepare a presentation and present the final conceptual plan at one (1) City Council meeting of the City’s choosing. G.9.f Packet Pg. 250 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 A-6 (vi) Task 5 Deliverables: Draft and final document development plan, City Council presentation, final cost estimates, final 3D fly-through video. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. In addition to any deliverable tangible work products identified in this Agreement, Consultant shall provide tangible work products as may be requested by the City from time-to-time. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Consultant shall provide such status reports, including meetings and/or conference calls, as may be needed by the City from time-to-time. If any meetings and/or conference calls are held, Consultant shall also prepare the necessary meting agendas and meeting minutes. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Joe Punsalan, Associate Principal Planner B. Juan Alberto Bonilla, Assistant Project Manager C. Jacob Leon, Assistant Project Manager/Outreach Facilitator D. Tim Henderson, Landscape Designer VI. The following sub-consultants may be used subject to City approval: A. Linscott Law & Greenspan (traffic consultant) G.9.f Packet Pg. 251 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) G.9.f Packet Pg. 252 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the tasks in Exhibit A at the billing rates provided in Exhibit C-1. II. Within the budgeted amounts for each Task as provided in Exhibit C-1, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed Seventy Four Thousand Five Hundred Nine Dollars and No Cents ($74,509.00) as provided in Section 2.1 of this Agreement. G.9.f Packet Pg. 253 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 C-2 EXHIBIT C-1 CONSULTANT’S RATES [Rates and Task Costs] G.9.f Packet Pg. 254 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule provided in Exhibit D-1. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. G.9.f Packet Pg. 255 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) 01247.0005/544425.1 4/3/2019 D-2 Exhibit “D-1” G.9.f Packet Pg. 256 Attachment: Contract Services Agreement-KTUA-Michigan Street (Award of Contract to KTUA for Michigan Street Plan) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Approve Contract for Traffic Signal Modification Design Services with Albert A. Webb Associates and Authorize Expenditure of $9,140 in Spring Mountain Ranch Traffic Mitigation Funds for Said Contract PRESENTED BY: Alan French, Public Works Director RECOMMENDATION: 1. Approve Contract with Albert A. Webb Associates for Professional Services to Provide Traffic Engineering Services for the Signal Modification Project, in the amount of $9,140; 2. Authorize the City Manager to sign the Contract subject to City Attorney approval as to form; and 3. Authorize the appropriation of $9,140 the Spring Mountain Ranch Mitigation Fund fund balance for the above- mentioned contract. 2030 VISION STATEMENT: This staff report supports Goal 1: Ensure Our Fiscal Viability and Goal 2: Maintain Public Safety. BACKGROUND: The City conducted a speed survey in 2013 with respect to the speed of traffic on Barton Road from the east City limit to Mt. Vernon, as well as at the intersection of Preston and Barton. This speed survey remains current and enforceable. City staff, however, strives to improve traffic conditions in our city and to enhance safer driving conditions. For example, staff will be proposing the installation of speed feedback signs later this year to aid in speed control on Barton Road. Additionally, City staff has reviewed the operation of the signal at Barton and Preston to see how it can be improved. City staff is now considering the addition of a protected left turn lane from Barton to Preston. DISCUSSION: G.10 Packet Pg. 257 To implement the addition of a protected left turn lane from Barton to Preston, signal modifications will be required from a consultant. The signal modification will modify the existing signal to accommodate left turn movements only when stopping opposing traffic, thus, providing a protected left turn movement. The City requested proposals from three consultants to perform the required work. The scope of work for this effort generally includes project management, records research and survey of existing improvements and equipment, design of the signal modification and preparation of plans, specs and estimate for bid purposes for the traffic signal modification. The City received proposals from three firms: TKE, Albert A. Webb Assoc. and Hernandez, Kroone & Associates, Inc. Of the three, Albert A. Webb Assoc. scored the highest in the rankings. Albert A. Webb Assoc. is currently assisting the City with other projects. Staff recommends that the City Council authorize expending $9,140 from the Spring Mountain Ranch Fund to cover this effort. The Spring Mountain Ranch (SMR) Fund was established to mitigate traffic impacts to the City (see attached condition of approva l for the Spring Mountain Ranch development). Per the traffic study, 5% of the traffic from the development is routed to the intersection (see attached exhibit of the traffic study showing the 5%). Therefore, we propose to utilize about 5% of the total mitigation for this project. The mitigation that was agreed on was a per lot amount that can be applied City wide, as additional traffic increases at various locations within the City and can be mitigated as needs arise. The Preston and Barton signal should be upgraded at this time to improve safety conditions due to the additional traffic at the intersection from increased traffic volumes generated outside the City limits. City staff therefore recommends that the City Council authorize the City Manager to execute the Professional Services Agreement with Albert A. Webb subject to City Attorney approval as to form, for design of the traffic signal modification project for an amount not to exceed $9,140. Staff will report back to the Council when the project is ready for construction. FISCAL IMPACT: Staff is requesting the appropriation of $9,140 from the Spring Mou ntain Ranch Mitigation Fund fund balance as shown below; Proposed Appropriation G.10 Packet Pg. 258 Fund No. Fund Title Description Amount 25 Spring Mountain Ranch Fund Estimated Fund Balance, FY2018-19 $420,280 25 Spring Mountain Ranch Fund Appropriation for Project Design Services ($9,140) Revised Fund Balance $411,140 ATTACHMENTS: • WEBB Contract (DOC) • WEBB Signal Modification Proposal_2019-04-11 (PDF) • HKA Proposal 19P1048 Traffic Signal Modification (PDF) • TKE Barton and Preston Traffic Signal Proposal 3-11-19 (PDF) • 013655_Signal Modification Proposal_2019-04-11 (PDF) • SMRDistribution (PDF) • Condition Of Approval (PDF) APPROVALS: Alan French Completed 04/17/2019 1:09 PM City Attorney Completed 04/17/2019 11:28 PM Finance Completed 04/18/2019 5:44 AM City Manager Completed 04/18/2019 12:16 PM City Council Pending 04/23/2019 6:00 PM G.10 Packet Pg. 259 1 CITY OF GRAND TERRACE AGREEMENT FOR CONTRACT SERVICES FOR TRAFFIC ENGINEERING SERVICES This “CITY OF GRAND TERRACE AGREEMENT FOR CONTRACT SERVICES FOR TRAFFIC ENGINEERING SERVICES” (herein “Agreement”) is made and entered into this 23rd day of April, 2019, by and between the CITY OF GRAND TERRACE, a California municipal corporation (“City”) and Albert A. Webb Associates, a California corporation (herein “Consultant”). NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Nine Thousand One Hundred Forty Dollars and No Cents ($9,140.00) (“Contract Sum”). 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. G.10.a Packet Pg. 260 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 2 Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is G.10.a Packet Pg. 261 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 3 justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). 4. COORDINATION OF WORK 4.1 Representative of Consultant. Dilesh Sheth, the Consultant’s Vice President, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. Alan French, the City’s Public Works Director and his or her designee, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”). 4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any int erest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per o ccurrence G.10.a Packet Pg. 262 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 4 basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. (f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any part y hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are G.10.a Packet Pg. 263 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 5 cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are w aived by the City’s Risk Manager or other designee of the City due to unique circumstances. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: a. Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; b. Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder G.10.a Packet Pg. 264 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 6 therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. 6.3 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena. (c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, G.10.a Packet Pg. 265 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 7 interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. 7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or G.10.a Packet Pg. 266 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 8 different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract at any time for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the sam e to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 8. MISCELLANEOUS 8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and G.10.a Packet Pg. 267 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 9 City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment. 8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, G.10.a Packet Pg. 268 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 10 partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [Signatures on the following page.] G.10.a Packet Pg. 269 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation ______________________________________ G. Harold Duffey, City Manager ATTEST: ______________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ______________________________________ Adrian R. Guerra, City Attorney CONSULTANT: Albert A. Webb Associates, a California corporation By: __________________________________ Name: Title: By: __________________________________ Name: Title: Address: ______________________________ ______________________________ ______________________________ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. G.10.a Packet Pg. 270 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.10.a Packet Pg. 271 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.10.a Packet Pg. 272 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 01006-0001/301444.1 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: A. Consultant shall prepare a signal modification design for the intersection of Preston Street and Barton Road located in the City of Grand Terrace (“Signal Modification Design”). In preparing the Signal Modification Design, Consultant shall carry out the following activities: i. Field Survey 1. Consultant shall perform field site verification for the traffic signal modification design at the intersection of Preston Street and Barton Road which includes opening up pull boxes, traffic signal controller cabinets and traffic signal service pedestal cabinets to review underground conduits wiring and traffic signal operation. 2. Consultant shall also perform ground field site verification, which shall also include curb and gutter, sidewalk, ramps, pavement, driveways, no parking zones, utilities, pull boxes, traffic signal cabinets, traffic signal service pedestal, traffic signal poles, sewer manholes, fire hydrant, signing & striping, power poles, street lights, fences, landscaping, and trees within the intersection. ii. Utility Research 1. Consultant shall obtain as-built plans from utility companies to be added on the traffic signal plan. iii. Traffic Signal Plan, timing and Coordination 1. Consultant shall prepare as-built plan using Google Earth aerial photos, GIS maps and field side verification data. 2. Consultant shall prepare a traffic signal plan for traffic signal modification at Preston Street and Barton Road. The traffic signal modification plan will include all necessary changes to accommodate the proposed protected-permissive left-turn phased operation including the installation of the new traffic 5-section signal heads and appropriate signage for the left-turn movements on Barton Road. G.10.a Packet Pg. 273 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) 3. Traffic signal plan shall be provided on 24” by 36” sheets and at a drawing scale of 1” = 20’ using the latest edition of CA-MUTCD, Caltrans Standard Plans, City of Grand Terrace standards and requirements, and input from City. 4. Consultant shall submit the traffic signal modification plan to the City for review and comment, and shall revise the traffic signal modification plan per City comments and submit final Mylar plan for approval. 5. Consultant shall prepare signal timing sheets based on existing volumes and MUTCD standard yellow, all-red, and crosswalk timings. Consultant shall prepare traffic signal coordination timing plans. II. As part of the Services and in addition to any other tangible work products required to be submitted under this Agreement, Consultant will prepare and deliver the following tangible work products to the City: A. 35% Drawings, Specifications and Estimate pursuant to the Schedule of Performance under Exhibit D. B. 65% Drawings, Specifications and Estimate pursuant to the Schedule of Performance under Exhibit D. C. 95% Drawings, Specifications and Estimate pursuant to the Schedule of Performance under Exhibit D. D. 100% Drawings, Specifications and Estimate pursuant to the Schedule of Performance under Exhibit D. III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. IV. Consultant will utilize the following personnel to accomplish the Services: A. Dilesh R. Sheth, Vice President G.10.a Packet Pg. 274 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) G.10.a Packet Pg. 275 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the Services as provided in Exhibit “A” at the rates provided in Exhibit “C-1.” II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $ 9,140.00 as provided in Section 2.1 of this Agreement. V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. G.10.a Packet Pg. 276 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) EXHIBIT “C-1” CONSULTANT’S RATES CLASSIFICATION $/HOUR Engineers/Project Managers/Planners/Scientists/ Assessment/Special Tax Consultants/Landscape Architects/Designers Principal II 240.00 Principal I 220.00 Senior III 200.00 Senior II 190.00 Senior I 180.00 Associate III 170.00 Associate II 155.00 Associate I 145.00 Assistant V 130.00 Assistant IV 120.00 Assistant III 103.00 Assistant II 88.00 Assistant I 73.00 Survey Services 2-Person Survey Party 220.00 1-Person Survey Party 160.00 Inspection Services Inspector (Non-Prevailing Wage) 110.00 Inspector (Prevailing Wage) 120.00 Administrative Services Project Coordinator 90.00 Administrative Assistant III 80.00 Administrative Assistant II 70.00 Administrative Assistant I 55.00 Other Direct Expenses Incidental Charges Cost + 15% Postage Cost Special Consultant 325.00/Hour Subcontracted Services. Cost + 15% Survey/Inspection Per Diem 100.00/Day Survey/Inspection Vehicle 0.81/Mile Mileage 0.72/Mile G.10.a Packet Pg. 277 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall commence performance of all Services within five days of receiving a Notice to Proceed from the City, and shall thereafter perform all Services timely in accordance with the schedule provided under Section II of Exhibit “D.” II. Consultant shall deliver the following tangible work products to the City by the following dates. A. 35% Package in 60 days after notice to proceed B. 65% Package 30 days after comments received from City regarding the 35% Package C. 95% Package 14 days after comments received from City regarding the 65% Package D. 100% Package 14 days after comments received from City regarding the 95% Package III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. G.10.a Packet Pg. 278 Attachment: WEBB Contract [Revision 3] (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.b Packet Pg. 279 Attachment: WEBB Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.b Packet Pg. 280 Attachment: WEBB Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.b Packet Pg. 281 Attachment: WEBB Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.b Packet Pg. 282 Attachment: WEBB Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) HKA Proposal No. 19P1048 Hernandez, Kroone Associates Civil Engineers and Land Surveyors Task 1 Project Management Prepare agendas and sign-in sheets for four (4) meetings with City or utilities 560.00$ Prepare meeting minutes for four (4) meeting with City or utilities 560.00$ Prepare project budget with three (3) updates 420.00$ Prepare project schedule with three (3) updates 280.00$ Attend two (2) additional meetings with City or utilities other than Task 2 and Task 7 meetings 1,480.00$ Sub Total 3,300.00$ Task 2 Initial "Kick Off" Meeting Attend Initial "Kick Off" Meeting 910.00$ Sub Total 910.00$ Task 3 Records Research Collect Record Maps, monument ties, benchmark data, corner records, and assessor's parcel maps from County.390.00$ Collect As-built street improvement plans and utility drawings from City.390.00$ Acquire complete list of underground utility purveyors with Underground Service Alert.990.00$ Contact SCE, SCG, water, sewer, communication utilities for asbuilts 150.00$ Prepare base mapping from record information 2,910.00$ Site Visit - check record information in the field 780.00$ Collect Traffic Information for Signal Timing; Collect AM and PM Peak Hour Turning Movement Counts (1 Weekday and 1 Weekend Day); Subconsultant Direct Cost 400.00$ Signal Timing and Analysis of Collected Traffic Information 580.00$ Sub Total 6,590.00$ Summary of Cost Proposal for City of Grand Terrace for Services of Traffic Date of Proposal: 04/16/2019 Limits of Cost Proposal Summary: The cost proposal summary is subject to the list of services, scope of work, assumptions, as noted and shown in the complete written proposal. This sheet is for reference only and is not valid as an individual document. Cost Proposal Summary Cost, $ (USD) Cost, $ (USD) Cost, $ (USD) Page 1 of 3 G.10.c Packet Pg. 283 Attachment: HKA Proposal 19P1048 Traffic Signal Modification (Traffic Signal Modification Design Contract) HKA Proposal No. 19P1048 Hernandez, Kroone Associates Civil Engineers and Land Surveyors Task 4 Design Surveying Travel to project site 120.00$ Establish control, vertical and horizontal 600.00$ Topographic survey with Laser Scanner at intersection of Preston Street and Barton Road - collect existing curb, gutter, sidewalk, edge of pavement, overhead utilities, pullbox, light/power poles, signal poles, mast arms, ADA ramps, striping, pavement markers, median island, cabinet, manhole, pedestrian push button, utility valves, catch basin, fire hydrant, signs (extends 200' at each direction)1,840.00$ Post process and adjust survey data 770.00$ Sub Total 3,330.00$ Task 5 Base Construction Drawings Trimble Business Center point cloud processing; line work; point features; DTM 870.00$ Develop Base Map from Topo Survey Data Collected, including utilities (from record and field data), property lines, public and private right-of-way, easements, assessor parcel numbers, street centerlines, street names, building locations, and all surveyed topographic features 2,870.00$ Travel to project site and perform field review of base construction drawing 700.00$ Sub Total 4,440.00$ Task 6 65% Design of Traffic Signal Plans for the addition of the following improvements at Barton Road and Preston Street in the City of Grand Terrace: A dedicated left turn phase signal head on poles servicing Barton Road approaches; Plans will include signal pole modifications for poles servicing traffic on Barton Road approaches; Camera Video Detection Upgrades will be shown on the plans for Barton Road Approaches Updates to conductor schedule will be included, if existing conduit exceeds conduit file requirements the plans will address include conduit schedule modification. Plans will address conduit and conductor runs to controller cabinet. Plans will not include interconnection between signals. Prepare border and cover sheet, such as general notes, legends, vicinity and site map, border 1,370.00$ Check location of signal heads and poles considering line of sight and ADA compliance 1,370.00$ Update pole / conductor schedule based on signal as-built and verify phase diagram 1,370.00$ Prepare signal modification plan for submittal - size 36"x24"1,590.00$ Prepare signing and striping plan for submittal - size 36"x24"1,400.00$ Prepare preliminary technical specifications 1,120.00$ Prepare preliminary construction cost estimate 970.00$ Prepare project summary memorandum and utility contact matrix 370.00$ Sub Total 9,560.00$ Cost, $ (USD) Cost, $ (USD) Cost, $ (USD) Page 2 of 3 G.10.c Packet Pg. 284 Attachment: HKA Proposal 19P1048 Traffic Signal Modification (Traffic Signal Modification Design Contract) HKA Proposal No. 19P1048 Hernandez, Kroone Associates Civil Engineers and Land Surveyors Task 7 Cost, $ (USD) 65% Design Review Meetings Attend one (1) Design Review Meeting 860.00$ Sub Total 860.00$ Task 8 Cost, $ (USD) Final Documents Respond to first pass of City comments with revisions signal plan, signing and striping plan, project specifications, and construction cost estimate 2,910.00$ Respond to second pass of City comments with revisions signal plan, signing and striping plan, project specifications, and construction cost estimate 680.00$ Finalize signal plan, signing and striping plan, project specifications, and construction cost estimate, and deliver electronic copies and signed mylar copies to the City 250.00$ Submittal Review (Construction Support)1,160.00$ Sub Total 5,000.00$ Summary of Proposal Total 33,990.00$ Page 3 of 3 G.10.c Packet Pg. 285 Attachment: HKA Proposal 19P1048 Traffic Signal Modification (Traffic Signal Modification Design Contract) G.10.dPacket Pg. 286Attachment: TKE Barton and Preston Traffic Signal Proposal 3-11-19 (Traffic Signal Modification Design Contract) G.10.dPacket Pg. 287Attachment: TKE Barton and Preston Traffic Signal Proposal 3-11-19 (Traffic Signal Modification Design Contract) G.10.dPacket Pg. 288Attachment: TKE Barton and Preston Traffic Signal Proposal 3-11-19 (Traffic Signal Modification Design Contract) G.10.dPacket Pg. 289Attachment: TKE Barton and Preston Traffic Signal Proposal 3-11-19 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.e Packet Pg. 290 Attachment: 013655_Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.e Packet Pg. 291 Attachment: 013655_Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.e Packet Pg. 292 Attachment: 013655_Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G:\Proposals\FORMAL PROPOSALS\City of Grand Terrace\013655 Signal Modification\013655_Signal Modification Proposal_2019-04-11.docx G.10.e Packet Pg. 293 Attachment: 013655_Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) FEE SCHEDULE RATES CLASSIFICATION $/HOUR Engineers/Project Managers/Planners/Scientists/ Assessment/Special Tax Consultants/Landscape Architects/Designers Principal II .................................................................................................................................... 240.00 Principal I ..................................................................................................................................... 220.00 Senior III ...................................................................................................................................... 200.00 Senior II ....................................................................................................................................... 190.00 Senior I ........................................................................................................................................ 180.00 Associate III ................................................................................................................................. 170.00 Associate II .................................................................................................................................. 155.00 Associate I ................................................................................................................................... 145.00 Assistant V ................................................................................................................................... 130.00 Assistant IV .................................................................................................................................. 120.00 Assistant III .................................................................................................................................. 103.00 Assistant II ................................................................................................................................... 88.00 Assistant I..................................................................................................................................... 73.00 Survey Services 2-Person Survey Party.................................................................................................................. 220.00 1-Person Survey Party.................................................................................................................. 160.00 Inspection Services Inspector (Non-Prevailing Wage)................................................................................................. 110.00 Inspector (Prevailing Wage)……………………………………………………………..…………………..……..…………. 120.00 Administrative Services Project Coordinator..................................................................................................................... 90.00 Administrative Assistant III ......................................................................................................... 80.00 Administrative Assistant II .......................................................................................................... 70.00 Administrative Assistant I ........................................................................................................... 55.00 Other Direct Expenses Incidental Charges....................................................................................................................... Cost + 15% Postage........................................................................................................................................ Cost Special Consultant …………………………………………………………………………………….……….…………..…….. 325.00/Hour Subcontracted Services............................................................................................................... Cost + 15% Survey/Inspection Per Diem........................................................................................................ 100.00/Day Survey/Inspection Vehicle............................................................................................................ 0.81/Mile Mileage........................................................................................................................................ 0.72/Mile NOTE: All rates are subject to change based on annual inflation and cost of living adjustments. *A FINANCE CHARGE of 1 ½ % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A mechanic’s lien may be filed for any invoice remaining unpaid after thirty (30) days from invoice date. SCH 38 (07/01/2014) G.10.e Packet Pg. 294 Attachment: 013655_Signal Modification Proposal_2019-04-11 (Traffic Signal Modification Design Contract) G.10.fPacket Pg. 295Attachment: SMRDistribution (Traffic Signal Modification Design Contract) G.10.g Packet Pg. 296 Attachment: Condition Of Approval (Traffic Signal Modification Design Contract) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Approval of MOU with City of West Hollywood to Transfer $200,000 of Rule 20A Funds to West Hollywood in Exchange for $100,000 and Authorize Use the Proceeds for Law Enforcement Purposes PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: 1. Authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Grand Terrace and City of West Hollywood, subject to City Attorney approval as to form, whereby the City will transfer $200,000 in Rule 20A Funds to West Hollywood in Exchange for $100,000; and 2. Authorize the City Manager to Send a Letter to SCE, Directing SCE to Transfer $200,000 of Rule 20A Allocation from Grand Terrace’s Allocation to the City of West Hollywood; and 3. Authorize Revenue and Expense appropriations to the Public Safety Fund (General Fund sub-fund) to Place Proceeds Derived from the MOU for the Express Purpose of Enhanced Law Enforcement Services in Fiscal Year 2018/2019 in the amount of $100,000 respectively. 2030 VISION STATEMENT: This staff report supports City Council’s Goal #1 - Ensure Our Fiscal Viability by identifying new revenue sources; and Goal #2- Maintain Public Safety by Ensuring Staff Levels Remain Adequate for Our Community. BACKGROUND: California Public Utilities Commission (CPUC) Rule 20A establishes program funding for the undergrounding of overhead utilities by municipalities (Attachment I). The City of West Hollywood approached Grand Terrace staff about its unallocated Rule 20A funds and offered to purchase them at 40% of its stated value. After a review of the City’s Rule 20A fund balance ($926,931) and its potential future need (Attachment II), staff countered West Hollywood with an off er to sell $200,000 of Rule 20A funding at 50% of its value. This action will result in a $100,00 net to the City of Grand Terrace’s General Fund. G.11 Packet Pg. 297 The CPUC sets Rule 20A policies and procedures for the convers ion of overhead utility fac ilities to underground. Under Rule 20A, the program for Grand Terrace is Administered by SCE. West Hollywood’s offer is considered an exchange. Exchanges between cities are at the discretion of each City. The exchange is facilitated by City A (Grand Terrace) writing a letter on official letterhead identifying City B (West Hollywood) as the party to transfer allocations in the amount approved by Council. SCE has no governance, oversight or input on what is transferred nor its value. SCE provides balance updates only and does n ot provide any other city’s balance or accrual information. However, staff was able to pull 2015 fund balances from a CPUC report on Rule 20A Fund usage (Attachment III). DISCUSSION: Staff recommends the City Council use proceeds gained from the MOU wi th the City of West Hollywood to fund enhanced law enforcement services. In 2016, the Sheriff’s Department defined adequate law enforcement services for the Grand Terrace Community at 2.0 fulltime officers assigned and on patrol at all time. However, the City can’t afford the additional $296,000 needed to achieve that service level because most of its annual revenue increases are absorbed by inflationary increases (Attachment IV) of the existing law enforcement contract. . In 2016 the City Council used one-time money from 2014/15 Fund Balance to enhance levels of service. Lt. Wolfe developed a similar program for the next twelve months (Attachment V). On average the City has an average of 1.33 officers assigned to patrol the City at all times. The use of One-time proceeds will bring the level of services closer to those recommended by the Sheriff’s Department. G.11 Packet Pg. 298 While the City’s 2030 Vision specifically calls out the City Council’s desire to seek revenue to adequately fund law enforcement services. The City Manager’s Implementation Plan for the 2030 Vision, identifies a strategy for one -time revenue. Section 2.1.3 requires the City Manager to continue to provide City Council with update s on the potential use of one -time revenue from prior year to enhance fiscal year law enforcement services. FISCAL IMPACT: Staff is requesting City Council approval of the proposed MOU with the City of West Hollywood. Through the MOU, the City will sell $200,000 of Rule 20A funding at 50% of its value. This action will result in one time $100,00 in net revenue to the City of Grand Terrace’s General Fund. Staff is further requesting approval of revenue and expense allocations in the Public Safety Fund (General Fund sub-fund) for enhanced law enforcement services as shown below: Proposed Appropriations Fund Description Amount 64-800-01 Public Safety Fund Revenue Allocation $100,000 64-410-250-325 Public Safety Fund Expense Allocation (Professional & Contractual Services Account) $100,000 ATTACHMENTS: • Attachment I - Rule 20A (PDF) • Attachment II - COGT Street Improvements (PDF) • Attachment III - SCE Cost Allocations (PDF) • Attachment IV - Law Enforcement Schedule A FY 2019-20 (PDF) • Attachment V - COGT Cover Deputy Overtime (PDF) • MOU with West Hollywood (DOCX) AP PROVALS: G. Harold Duffey Completed 04/18/2019 6:49 AM Finance Completed 04/18/2019 6:50 AM City Attorney Completed 04/18/2019 10:51 AM City Manager Completed 04/18/2019 12:15 PM City Council Pending 04/23/2019 6:00 PM G.11 Packet Pg. 299 G.11.aPacket Pg. 300Attachment: Attachment I - Rule 20A (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) G.11.bPacket Pg. 301Attachment: Attachment II - COGT Street Improvements (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) G.11.cPacket Pg. 302Attachment: Attachment III - SCE Cost Allocations (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) G.11.cPacket Pg. 303Attachment: Attachment III - SCE Cost Allocations (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) G.11.cPacket Pg. 304Attachment: Attachment III - SCE Cost Allocations (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) G.11.dPacket Pg. 305Attachment: Attachment IV - Law Enforcement Schedule A FY 2019-20 (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law G.11.dPacket Pg. 306Attachment: Attachment IV - Law Enforcement Schedule A FY 2019-20 (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law G.11.ePacket Pg. 307Attachment: Attachment V - COGT Cover Deputy Overtime (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement G.11.ePacket Pg. 308Attachment: Attachment V - COGT Cover Deputy Overtime (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement G.11.ePacket Pg. 309Attachment: Attachment V - COGT Cover Deputy Overtime (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement G.11.ePacket Pg. 310Attachment: Attachment V - COGT Cover Deputy Overtime (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST HOLLYWOOD AND THE CITY OF GRAND TERRACE This Memorandum of Understanding (MOU) is entered into as of _____ , 2019 (Effective Date), by and between the City of West Hollywood, a California municipal corporation with its principal place of business at 8300 Santa Monica Blvd, West Hollywood, California 90069 (West Hollywood), and the City of Grand Terrace, a California municipal corporation with its principal place of business at 22795 Barton Rd, Grand Terrace, CA 92313 (Grand Terrace). West Hollywood and Grand Terrace are sometimes individually referred to herein as “Party” and collectively as “Parties”. RECITALS A. Electric Utilities collect and annually allocate funds to communities to convert overhead electric facilities to underground electric facilities (Rule 20A Funds). B. West Hollywood is actively planning one or more projects to underground overhead electric facilities that qualify for the application of California Public Utilities Commission (CPUC) Rule 20A Funds (Projects). West Hollywood desires to obtain additional Rule 20A Funds allocation to finance such Projects. C. Southern California Edison (SCE) currently has designated and dedicated a balance of $926,931.00 in Rule 20A Funds for the benefit of Grand Terrace (Grand Terrace Allocation), and Grand Terrace currently has no active projects which can make use of the Grand Terrace Allocation. D. West Hollywood desires to acquire, for consideration, $200,000 of the Grand Terrace Allocation to use in connection with the Projects, and Grand Terrace desires to transfer only that portion of the Grand Terrace Allocation to West Hollywood to enable the Rule 20A Funds, which have been allocated to Grand Terrace, to be used for their intended purpose of undergrounding electric facilities. AGREEMENT NOW, THEREFORE, the Parties hereto agree as follows: 1. Grand Terrace agrees to assign, for use by West Hollywood, its rights and interests in $200,000 of the Grand Terrace Allocation to West Hollywood, and West Hollywood agrees to acquire, for consideration, $200,000 of the Grand Terrace Allocation in accordance with the terms of this MOU. This MOU shall be subject to the approval of each the City Council of West Hollywood and the City Council of Grand Terrace and shall become effective on the date when both such approvals have been obtained (Effective Date). 2. Within fifteen (15) business days of the Effective Date, West Hollywood shall make a payment to Grand Terrace in the amount of One Hundred Thousand ($100,000) (Acquisition Price). The Acquisition Price shall be made in immediately available funds via check or wire transfer to an account designated by Grand Terrace. The Acquisition Price shall constitute full consideration for the transfer and assignment as described in Section 3 below. G.11.f Packet Pg. 311 Attachment: MOU with West Hollywood [Revision 1] (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) 2 3. Grand Terrace agrees to sell $200,000 of the Grand Terrace Allocation to West Hollywood at a purchase rate of Fifty Cents ($0.50) for every One Dollar ($1.00) of Rule 20A Funds. Within ten (10) business days of Grand Terrace’s receipt of the Acquisition Price funds, Grand Terrace shall deliver a written request to SCE, with a copy to West Hollywood, making a formal request to transfer and assign $200,000 of Rule 20A Funds contained in the Grand Terrace Allocation to and for the benefit of West Hollywood. Grand Terrace shall cooperate in good faith with West Hollywood to provide any additional documentation or information that is reasonably requested by SCE to complete the transfer. In the event that SCE is unable to complete the transfer, Grand Terrace shall return the Acquisition Price funds to West Hollywood within thirty (30) days of West Hollywood’s notification to Grand Terrace. 4. West Hollywood acknowledges and agrees that it has conducted its own investigation as to the applicability and transferability of the portion of the Grand Terrace Allocation for use in the Projects and that Grand Terrace has not made any representation or warranty to West Hollywood with respect to same. The actual use of the portion of the Grand Terrace Allocation by West Hollywood shall be subject to the rules and procedures adopted by SCE, CPUC, and such other conditions or requirements as are set forth in the Public Utilities Code. 5. West Hollywood shall indemnify, defend, and hold harmless Grand Terrace, its elected officials, officers, employees, and agents, from any claim, damage or liability arising in connection with the use of Rule 20A Funds from the Grand Terrace Allocation in connection with the construction of the Projects, including legal challenges of all types or natures, including but not limited to administrative, judicial, or legislative actions. 6. In the event that either Party is in breach of its obligations as set forth in this MOU, then the non-defaulting Party shall have the right to terminate this Agreement on ten (10) business days’ written notice to the defaulting Party unless the default is cured, or cure has commenced, within the notice period. Upon termination for breach, the non-defaulting Party may exercise any right or remedy which it may have under applicable law. Within ten (10) business days of termination pursuant to this Section 6, Grand Terrace shall return to West Hollywood that portion of the Acquisition Price funds applicable to that portion of the Grand Terrace Allocation not yet transferred by SCE to West Hollywood. 7. All notices to be given pursuant to this MOU shall be delivered in person or by commercial overnight delivery to the address of the Party set forth above, and addressed to the City Manager of such Party and shall be effective upon receipt. 8. This MOU shall be governed and construed in accordance with the laws of the State of California, and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of San Bernardino. 9. Each Party shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. G.11.f Packet Pg. 312 Attachment: MOU with West Hollywood [Revision 1] (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) 3 10. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 13. In the event of any dispute or legal action arising under this Agreement, the prevailing Party shall not be entitled to attorney’s fees. 14. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 15. Each Party signing this Agreement explicitly affirms and provides they have the power and authority to bind their respective Party. [SIGNATURE PAGE FOLLOWS ON PAGE 4] G.11.f Packet Pg. 313 Attachment: MOU with West Hollywood [Revision 1] (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) 4 IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the dates indicated below. CITY OF GRAND TERRACE, CITY OF WEST HOLLYWOOD, A California municipal corporation A California municipal corporation Date: Date: G. Harold Duffy Paul Arevalo City Manager City Manager ATTEST: ATTEST: Date: Date: Maria Quinonez Yvonne Quarker City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Date: Date: Name Michael Jenkins City Attorney City Attorney G.11.f Packet Pg. 314 Attachment: MOU with West Hollywood [Revision 1] (Use of Rule 20A Funds to Pay for Overtime for Enhanced Law Enforcement Services) AGENDA REPORT MEETING DATE: April 23, 2019 Council Item TITLE: Priorities Workshop PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Approve the Priorities Workshop scheduled for May 15, 2019 at 6:00pm. 2030 VISION STATEMENT: This staff report supports the following City Council Goals: 1. Goal #1, “Ensure Our Fiscal Viability,” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations; and 2. Goal #5, “Engage in Proactive Communication,” through the solicitation of community participation by holding priorities workshops. BACKGROUND: In conjunction with the upcoming FY 2019-20 Budget Review, City Council directed staff to hold a Community Priorities Workshop that would engage the citizenry of Grand Terrace and allow them to provide input in City-provided services. DISCUSSION: City staff is proposing that the Community Priorities Workshop be held on Wednesday, May 15, 2019 from 6:00pm – 7:30 pm at the following location: Azure Hills SDA Church 22633 Barton Road, Grand Terrace, CA 92313 Staff will be providing an overview of the FY201 9-20 Adopted Budget while soliciting input from residents as to which City services are most important to them and how they would like to prioritize these services. This workshop will be provided for the City Council’s background information and no action will be requested at that time . On May 28, 2019, the City Manager’s FY2019-20 Operating Budget will be introduced for City Council’s review and discussion. Further discussion and deliberation are scheduled for June 11, 2019, in preparation for scheduled budget adoption on June 25, 2019. G.12 Packet Pg. 315 FISCAL IMPACT: There is no fiscal impact associated with the Community Priorities Workshop, since information will be presented but no action taken at that time. APPROVALS: Cynthia A. Fortune Completed 04/17/2019 4:50 PM Finance Completed 04/17/2019 4:50 PM City Attorney Completed 04/17/2019 5:50 PM City Manager Completed 04/18/2019 12:02 AM City Council Pending 04/23/2019 6:00 PM G.12 Packet Pg. 316