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06/13/1991 N .w..w.re FILE COPY - (.I Ty GRAND TERN`C �'VFM�E/ �^• June 13, 1991 22795 Barton Road Grand Terrace CITY OF GRAND TERRACE California 92324-5295 Civic Center (714) 824-6621 Regular Meetings 2nd and 4th Thursday - 6.00 p.m. Byron R Matteson Mayor 5 Hugh J Grant Mayor Pro Tempore ), Gene Carlstrom Ronald M Christianson Herman Hilkey Council Members Thomas J Schwab City Manager Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92324-5295 REVISED CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS June 13, 1991 GRAND TERRACE CIVIC CENTER 6 00 P.M. 22795 Barton Road * Call to Order - ' * Invocation - Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church * Pledge of Allegiance - * Roll Call - STAFF RECOMMENDATIONS COUNCIL ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 5/23/91 Minutes Approve 2. Resolution adopting FY 91/92 Budget Adopt ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Certificate of Commendation - Deputy Henry Jones 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine & non-controversial . They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No. 061391 Approve B. Ratify 6/13/91 CRA Action C. Waive full reading of Ordinances on Agenda COUNCIL AGENDA STAFF 06/13/91 - Page 2 of 3 RECOMMENDATION COUNCIL ACTION D. Approve 5/23/91 Minutes Approve E. Application for Peddling/Soliciting Permit Approve (Yum Yum Ice Cream) F. Accept Bonds & Agreement (MS Partnership) G. Grant Deed (M.S. Partnership) H. Resolution Adopting FY 91/92 Budget Adopt I. CDBG City/County -Delegate Agency Agreement Approve J. Recycling Exemptions 4. PUBLIC COMMENT 5. ORAL REPORTS A. Committee Reports B. Council Reports 6. PUBLIC HEARINGS - 6:00 P.M. A. TPM-90-03/E-90-09 (Harber) Approve B. FIRST READING - AN ORDINANCE OF THE CITY Adopt OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 13.12 OF THE GRAND TERRACE MUNICIPAL CODE, REGULATING THE DISCHARGE, OF WASTES INTO THE SEWERAGE SYSTEM OF THE CITY OF GRAND TERRACE AND REPEALING ORDINANCE NO. 72 7. UNFINISHED BUSINESS A. Designate Two-Hour Parking on East Side of Mt. Vernon, North of Barton Road to 11965 Mt. Vernon B. SECOND READING - AN ORDINANCE OF THE CITY Adopt COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENT SP-91-01, GP-91-01 AND E-91-02 AMENDMENT TO THE BARTON ROAD SPECIFIC PLAN AND GENERAL PLAN LAND USE/ MAP AND ASSOCIATED NEGATIVE DECLARATION i.e COUNCIL AGENDA STAFF 06/13/91 - Page 3 of 3 RECOMMENDATION COUNCIL ACTION SECOND READING - AN ORDINANCE OF THE CITY Adopt COUNCIL OF THE CITY OF GRAND TERRACE, CA, ADOPTING AMENDMENT Z-91-02, CHAPTER 18.20, REMOVING ONE PARCEL IN THE BARTON ROAD SPECIFIC PLAN ADDING TO THE R2 ZONE DISTRICT AND ITS ASSOCIATED NEGATIVE DECLARATION (E-91-02) 8. NEW BUSINESS A. Consideration of a Feasibility Study for a Grand Terrace School District 9. CLOSED SESSION ADJOURN ) THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON JUNE 27, 1991 AT 6 00 P.M. AGENDA ITEM REQUESTS FOR THE 6/27/91 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 6/20/91 CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS June 13, 1991 GRAND TERRACE CIVIC CENTER 6 00 P.M. 22795 Barton Road * Call to Order - * Invocation - Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church * Pledge of Allegiance - * Roll Call - STAFF RECOMMENDATIONS COUNCIL ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 5/23/91 Minutes Approve 2. Resolution adopting FY 91/92 Budget Adopt ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Certificate of Commendation - Deputy Henry k Jones 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine & non-controversial . They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No. 061391 Approve B. Ratify 6/13/91 CRA Action C. Waive full reading of Ordinances on Agenda 1 COUNCIL AGENDA STAFF 06/13/91 - Page 2 of 3 RECOMMENDATION COUNCIL ACTION D Approve 5/23/91 Minutes Approve E. Application for Peddling/Soliciting Permit Approve (Yum Yum Ice Cream) F. Accept Bonds & Agreement (MS Partnership) G. Grant Deed (M.S. Partnership) H. Resolution Adopting FY 91/92 Budget Adopt ^'' t I. CDBG City/County Delegate Agency Agreement Approve J. Recycling Exemptions 4. PUBLIC COMMENT 5. ORAL REPORTS A. Committee Reports B. Council Reports 6. PUBLIC HEARINGS - 6 00 P.M. A. TPM-90-03/E-90-09 (Harber) Approve B. FIRST READING - AN ORDINANCE OF THE CITY Adopt OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 13. 12 OF THE GRAND TERRACE MUNICIPAL CODE, REGULATING THE DISCHARGE OF WASTES INTO THE SEWERAGE SYSTEM OF THE CITY OF GRAND TERRACE AND REPEALING ORDINANCE NO. 72 7. UNFINISHED BUSINESS A. SECOND READING - AN ORDINANCE OF THE CITY Adopt COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENT SP-91-01, GP-91-01 AND E-91-02 AMENDMENT TO THE BARTON ROAD SPECIFIC PLAN AND GENERAL PLAN LAND USE/ MAP AND ASSOCIATED NEGATIVE DECLARATION SECOND READING - AN ORDINANCE OF THE CITY Adopt COUNCIL OF THE CITY OF GRAND TERRACE, CA, ADOPTING AMENDMENT Z-91-02, CHAPTER 18 20, REMOVING ONE PARCEL IN THE BARTON ROAD SPECIFIC PLAN ADDING TO THE R2 ZONE DISTRICT AND ITS ASSOCIATED NEGATIVE DECLARATION (E-91-02) COUNCIL AGENDA STAFF 06/13/91 - Page 3 of 3 RECOMMENDATION COUNCIL ACTION 8. NEW BUSINESS A. Consideration of a Feasibility Study for a Grand Terrace School District 9. CLOSED SESSION ADJOURN -- 2 THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON JUNE 27, 1991 AT 6 00 P.M. AGENDA ITEM REQUESTS FOR THE 6/27/91 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 6/20/91 PENDING C.R A APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - MAY 23, 1991 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on May 23, 1991, at 6 00 p.m. PRESENT Byron Matteson , Chairman Hugh J. Grant, Vice-Chairman Gene Carlstrom, Agency Member , Ronald Christianson, Agency Member Herman Hilkey, Agency Member Thomas J. Schwab, Executive Director Randall Anstine, Assistant City Manager Brenda Stanfill , Deputy City Clerk Maria Muett, Acting Community Development Director John Harper, City Attorney Joe Kicak, City Engineer ABSENT None APPROVAL OF APRIL 25, 1991 CRA MINUTES CRA-91-14 MOTION BY VICE-CHAIRMAN GRANT, SECOND BY AGENCY MEMBER CARLSTROM, CARRIED 5-0, to approve the April 25, 1991 CRA Minutes. APPROVAL OF CHECK REGISTER NUMBER CRA052391 CRA-91-15 MOTION BY AGENCY MEMBER HILKEY, SECOND BY AGENCY MEMBER CARLSTROM, CARRIED 5-0, to approve Check Register Number CRA052391. Mayor Matteson adjourned the CRA meeting at 6 10 p.m. , until the adjourned regular City Council/CRA Budget Session , which is scheduled to be held on Monday, June 10, 1991 at 6 00 p.m. SECRETARY of the City of Grand Terrace CHAIRMAN of the City of Grand Terrace C R A AGENDA ITEM NO. 1. RESOLUTION NO CRA 91-01 A RESOLUTION OF THE COMMUNITY REDEVELOP- MENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A BUDGET OF ESTIMATED REVENUES AND EXPENDITURES FOR FISCAL YEAR 1991-92 WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace is required to adopt a budget for the subsequent fiscal year for estimated revenues and expenditures , and WHEREAS , the members of said Community Redevelopment Agency and Staff members have thoroughly reviewed and analyzed the proposed budget in order to determine the needs of the City of Grand Terrace , NOW, THEREFORE, the Community Redevelopment Agency of the City of Grand Terrace DOES HEREBY RESOLVE that a budget for Fiscal Year 1991-92, a copy of which is on file in the City Clerk ' s office , is hereby adopted with total estimated revenues of $ 1 , 068, 000 and total estimated expenditures of $ 1, 116 255 ADOPTED this 13th day of June , 1991 ATTEST Secretary of the Grand 1e race Tha� rman of the Grand Terrace Community Redevelopment Agency Community Redevelopment Agency I , BRENDA STANFILL , Secretary of the City of Grand Terrace Community Redevelopment Agency, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the Grand Terrace Community Redevelopment Agency of the City of Grand Terrace held on the 13th day of June , 1991, by the following vote AYES NOES ABSENT ABSTAIN Secretary Approved as to form City Attorney d-L. NI L/11 M V I I I CITY OF GRE TERRACE r"'JNCIL APPROVAL DATE JUNE 13, 1991 CHECK REuiTER NO 061391 CHECK OUTSTANDING DEMANDS AS OF JUNE 13, 1991 NUMBER VENDOR DESCRIPTION AMOUNT P7225 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 5/17/91 $ 388 95 P7226 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/17/91 176 61 P7227 P K DESIGN DESIGN COVER FOR EMERGENCY OPERATION MANUAL 95 00 P7228 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 5/21/91 415 84 P7229 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/21/91 249 23 P7230 ORANGE COAST TITLE CO ESCROW DEPOSIT FOR CHILD CARE CENTER 227,000 00 P7231 CAL-MOBILE LEASING, INC PROGRESS PAYMENT ON SENIOR CITIZENS PROJECT 8,000 00 P7232 ALL PRO CONSTRUCTION REPAIRS ON SEWER, FRANKLIN/MT VERNON 1 ,074 85 P7233 POSTMASTER-COLTON BULK MAILING FOR RECREATION BROCHURES 463 16 P7234 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 5/24/91 287 31 P7235 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/24/91 184 09 P7236 n COUNTY OF SAN BERNARDINO DOCUMENTARY HANDLING FEE-REVISION/HOUSING ELEMENT 25 00 P7237 C DEFERRED COMPENSATION PLAN DEFERRED COMPENSATION FOR MAY, 1991 5,648 67 P7238 n ALL PRO CONSTRUCTION REPAIRS ON SEWER, GRAND TERRACE ROAD 3,205 50 P7239 1 EMPLOYEES RETIRE"LENT PLAN RETIREMENT FOR MAY, 1991 5,183 71 P7240 G) SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 5/31/91 417 38 P7241 Z SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/31/91 166 12 P7242 a CAL-MOBILE LEASING, INC PROGRESS PAYMENT ON SENIOR CITIZENS PROJECT 12,000 00 P7243 ARROW STRAIGHT MARKING PROGRESS PAYMENT ON STREET STRIPING PROJECT 3,329 08 q P7244 PERSZi PERS FOR PAYROLL ENDING 5/24/91 2,666 91 P7245 *t HOME CLUB CEILING TILES FOR CIVIC CENTER 85 16 P7246 STATE COMPENSATION INS FUND WORKERS COMPENSATION INSURANCE FOR MAY, 1991 1,701 76 P7247 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 6/5/91 241 02 P7248 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 6/5/91 78 63 1 CITY OF GRAND TERRACE DATE JUNE 13, 1991 CHECK REGISTER NO 061391 CHECK OUTSTANDING DEMANDS AS OF JUNE 13, 1991 NUMBER VENDOR DESCRIPTION AMOUNT 23398 MARY NEWMANN REFUND FOR CHILD CARE SERVICES $ 46 00 23399 BUCKHORN CYCLE SPORTS CALENDARS FOR TOUR DE TERRACE, 1991 350 00 23400 MARGARET DONALDSON REFUND, RECREATION CLASS 16 00 23401 CONNIE BOJORQUEZ REFUND, RECREATION CLASS 16 00 23402 KATHLEEN DICKERSON REFUND, RECREATION CLASS 25 00 23403 DONNA MUHTASEB REFUND, BUILDING PERMIT 1,911 00 23404 BALDY VIEW BIA PLANNING SEMINAR 10 00 23405 RALPH PEREZ REFUND, WASTE WATER DISPOSAL SERVICES 9 35 23406 AT&T INFORMATION CENTER RENT PHONE, EMERGENCY OPERATIONS CENTER 4 37 23407 RANDALL ANSTINE AUTO ALLOWANCE FOR JUNE, 1991 200 00 23408 AUDIO GRAPHIC SYSTEMS INSTALL AUDIO MIXER, COUNCIL CHAMBERS 150 00 23409 BALLON TEAM PROMOTIONS BALLONS FOR GRAND TERRACE DAY 213 00 23410 BASTANCHURY BOTTLED WATER BOTTLED WATER FOR CHILD CARE/CIVIC CENTER, 5/31/91 143 94 23411 THE BERNSTEIN COMPANY DOOR FOR MEETING ROOM 9,357 90 23412 DANIEL BUCHANAN PLANNING COMMISSION MEETING, 5/16/91 50 00 23413 CA BUSINESS SYSTEMS SERVICE FAX MACHINE 65 00 23414 STATE OF CALIFORNIA MAINTENANCE/ENERGY, APRIL, 1991, LIGHTS AT BARTON/215 174 03 23415 CHROMARK SIGN MAKING KIT, RECREATION 222 12 23416 COLTON COURIER NOTICE OF PUBLIC HEARINGS 295 00 23417 CONNEY SAFETY PRODUCTS MEDICAL SUPPLIES 337 85 23418 CORONA PRINTING SUMMER BROCHURES, RECREATION 2,758 35 23419 EWING IRRIGATION SYPPLIES IRRIGATION SUPPLIES FOR PARKS 147 82 23420 JERRY HAWKINSON PLANNING COMMISSION MEETING, 5/16/91 50 00 23421 WILLIAM HAYWARD INSTRUCTOR, KARATE 129 50 2 CITY OF GRJ ' TERRACE DATE JUNE 13, 1991 CHECK REGISTER NO 061391 CHECK OUTSTANDING DEMANDS AS OF JUNE 13, 1991 NUMBER VENDOR DESCRIPTION AMOUNT 23422 ROSALBA HERNANDEZ BABYSITTER FOR AEROBICS $ 60 00 23423 HONEYWELL, INC MAINTENANCE ON HVAC UNIT, JUNE, 1991 1,043 00 23424 HYDREX PEST CONTROL PEST CONTROL FOR CIVIC CENTER, 5/11/91 73 00 23425 INLAND PRINTING FLYERS FOR GRAND TERRACE DAY AND BROCHURES,CRIME PREVENTION 628 35 23426 C R JAESCHKE, INC REPAIRS ON POWER MOWER 195 10 23427 KICAK & ASSOCIATES ENGINEERING SERVICES, 4/22-5/19/91 12,862 31 23428 LAKESHORE CURRICULUM SUPPLIES FOR TINY TOTS 19 62 23429 MCI TELECOMMUNICATIONS LONG DISTANCE PHONE 69 25 23430 MCMASTERS-CARR SUPPLY CO VACUUM REPAIR KIT, MAINTENANCE 31 01 23431 BARBARA MICHOWSKI ANALYSIS, WASTE WATER DISPOSAL CONNECTIONS/COLTON 135 00 23432 MINUTE MAN PRESS BUSINESS CARDS, CRIME PREVENTION 71 73 23433 MR TV VIDEO TV, WATCHMAN, PRIZE, GRAND TERRACE DAY 95 80 23434 MARIA MUETT AUTO ALLOWANCE, JUNE, 1991 200 00 23435 RAY MUNSON PLANNING COMMISSION MEETING, 5/16/91 50 00 23436 OTIS ELEVATOR COMPANY MAINTENANCE ON ELEVATOR, JUNE, 1991 213 79 23437 PC WORLD SUBSCRIPTION TO PC WORLD (2 YEARS) 33 97 23438 PACIFIC BELL PHONE FOR SENIOR CITIZENS, EMERGENCY OPERATIONS CENTER, DAY CARE, AND CIVIC CENTER 559 30 23439 PAGENET-ONTARIO MAINTENANCE/AIR TIME, PAGERS, JUNE, 1991 33 00 23440 RVC ROADWAY CONSTRUCTION PROGRESS PAYMENT ON SENIOR CITIZENS PROJECT 13,318 52 23441 COUNTY OF SAN BERNARDINO DUMPING CHARGES FOR 4/16-5/15/91 1,194 00 23442 THOMAS SCHWAB AUTO ALLOWANCE FOR JUNE, 1991 200 00 23443 JIM SIMS PLANNING COMMISSION MEETING, 5/1E/91 50 00 23444 LOUISE SMITH REIMBURSEMENT FOR OFFICE SUPPLIES 36 25 23445 SOFTWARE WIZARD RIBBONS FOR PRINTER, CITY CLERK 33 92 3 CITY OF GRAND TERRACE DATE JUNE 13, 1991 CHECK REGISTER NO 061391 CHECK OUTSTANDING DEMANDS AS OF JUNE 13, 1991 NUMBER VENDOR DESCRIPTION AMOUNT 23446 SPEEDEE OIL CHANGE/TUNE SERVICE 1990 FORD TRUCK $ 97 91 23447 SPORTIME CATCHBALL, RECREATION 19 47 23448 THE SUN PERSONNEL AD, NOTICE OF PUBLIC HEARING 168 10 23449 0 C TANNER EMPLOYEE AWARDS 109 32 23450 TRI-COUNTY OFFICIALS UMPIRES FOR SLO-PITCH SOFTBALL, 5/1-5/15/91 54 00 23451 UNOCAL FUEL FOR CITY TRUCKS, EQUIPMENT, AND VAN 412 02 23452 FRAN VAN GELDER PLANNING COMMISSION MEETING, 5/16/91 50 00 23453 WEARGUARD WORK CLOTHES SHIRTS FOR MAINTENANCE 83 97 23454 WESTERN HIGHWAY PRODUCTS HARDWARE, FOR STREET SIGNS 272 05 23455 RONALD WRIGHT PLANNING COMMISSION MEETING, 5/16/91 50 00 PAYROLL FOR MAY, 1991 67,808 53 TOTAL $390,098 50 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY lir! ifr/ THOMAS SCHWAB FINANCE DIRECTOR 4 PENDING CiTY CITY OF GRAND TERRACE COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING - MAY 23, 1991 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on May 23, 1991 at 6 00 p.m. PRESENT Byron Matteson , Mayor Hugh J. Grant, Mayor Pro Tem Gene Carlstrom, Councilmember Ronald Christianson , Councilmember Herman Hilkey, Councilmember Thomas J. Schwab, City Manager/Finance Director Randall Anstine, Assistant City Manager Maria Muett, Acting Community Development Director Brenda Stanfill , Deputy City Clerk John Harper, City Attorney Joe Kicak, City Engineer ABSENT None The meeting was opened with invocation by Pastor Tom Comstock, Assembly of God, followed by the Pledge of Allegiance led by Mayor Pro Tem Grant. Mayor Matteson convened City Council meeting at 6 00 p.m. Mayor Matteson reconvened City Council meeting at 6 10 p.m. ITEMS TO DELETE 8D. Open Negotiations for Joint Use Gymnasium Facility at Terrace Hills Junior High School SPECIAL PRESENTATIONS 2A. The Council presented Certificates of Appreciation to the many volunteers who serve the City. James Hodder, Chairman of the Emergency Operations Committee, presented books of Volume 1, the Base Operation Plan , of the Emergency Disaster Plan to Council . CONSENT CALENDAR CC-91-58 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to approve the Consent Calendar. COUNCIL AGENDA ITEM# 3‘> Council Minutes - 5/23/91 Page 2 A. APPROVE CHECK REGISTER NO 052391 B. RATIFY 05/23/91 CRA ACTION C. WAIVE FULL READING OF ORDINANCES ON AGENDA D. APPROVE 04/25/91 MINUTES E. RELEASE CASH DEPOSIT (MUHTASEB) F. RELEASE CASH DEPOSIT (JANUS DEVELOPMENT) PUBLIC COMMENT Community Services Officer Korgan, expressed pride in all of the volunteers and the successful programs which they have produced and extended her thanks to the Citizens ' Patrol and Crime Prevention Committee members for their work in preparing Community Awareness Day, which is scheduled for June 1, 1991. ORAL REPORTS 5A. Committee Reports 1. Historical & Cultural Committee (a) Minutes of 4/17/91 & 5/6/91 CC-91-59 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to accept the Historical and Cultural Committee minutes of April 17, 1991 and May 6, 1991. 2. Parks & Recreation Committee (a) Minutes of 3/4/91 CC-91-60 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to accept the Parks & Recreation Committee minutes of March 4, 1991. (b) Acquisition of new Parkland Marcia Johansen, Co-chairperson of the Parks & Recreation Committee, indicated that open land is a limited commodity in Grand Terrace and stated that the Parks & Recreation Committee desired to acquire land for future park sites. 3. Crime Prevention Committee (a) Minutes of 4/8/91 Council Minutes - 5/23/91 Page 3 CC-91-61 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY MAYOR MATTESON, CARRIED 5-0, to accept the Crime Prevention Committee minutes of April 8, 1991. 5B. Council Reports Councilmember Carlstrom, referred to a letter written by John Noble which compliments Grand Terrace' s free dump day but suggests that free dump days be held more frequently in order to encourage the clean-up of the City. He also stated that he concurred with Mr. Noble's suggestion and indicated that Mr. Noble volunteered to assist with the additional dump days. Councilmember Christianson , reminded citizens about Community Awareness Day and announced that he and his wife are expecting their third child in September 1991. Councilmember Hilkey, congratulated Robert Gallo for earning his Eagle Scout award and also congratulated the participants of the Miss Grand Terrace Pageant. He expressed appreciation to Lisa Coburn and Lori Hazelton of the Chamber of Commerce for their contributions to the City in presenting the Little Miss Grand Terrace, the Junior Miss Grand Terrace, and Miss Grand Terrace Pageants. He introduced his father, Herman Hilkey, to the Council . Mayor Pro Tem Grant, concurred with Councilmember Hilkey's assessment of the success of the Little Miss and Junior Miss Grand Terrace Pageants and agreed with a report, dated May 14, 1991, by the City Manager regarding the unfortunate timing of the County's dumping fee increase in addition to the recycling fees, suggesting that the increases, although minimal , reflected negatively on the City. He added that Cities suffer when State mandates are passed down to Counties and then to Cities. Mayor Matteson, announced that Grand Terrace's current population is 12,600. He referenced a letter from the Sheriff's Department Gangs and Drugs Task Force which thanks the City of Grand Terrace for supporting the Task Force. He commented that the County is raising the tipping fees at the dumps. PUBLIC HEARING 6A. FIRST READING - AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADDING CHAPTER 13.18 TO THE GRAND TERRACE MUNICIPAL CODE, REGULATING DISCHARGE OF WASTES INTO THE SEWAGE SYSTEM OF THE CITY OF GRAND TERRACE Mayor Matteson opened discussion to the public, there being none, he returned discussion to Council . Council Minutes - 5/23/91 Page 4 CC-91-62 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to accept the first reading of the Ordinance relating to the regulation of waste discharge into the sewage system of the City of Grand Terrace. 6B. FIRST READING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENT SP-91-01, GP-91-01 AND E-91-02 AMENDMENT TO THE BARTON ROAD SPECIFIC PLAN AND GENERAL PLAN LAND USE/MAP AND ASSOCIATED NEGATIVE DECLARATION FIRST READING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, ADOPTING AMENDMENT Z-91-02, CHAPTER 18.20 REMOVING ONE PARCEL IN THE BARTON ROAD SPECIFIC PLAN ADDING TO TH1 R2 ZONE DISTRICT AND ITS ASSOCIATED NEGATIVE DECLARATION (E-91-02) Mayor Matteson opened discussion to the public, there being none, he returned discussion to Council . CC-91-63 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CHRISTIANSON, CARRIED 5-0, to approve the first reading of the Ordinances amending the Barton Road Specific Plan, the General Plan Land Use Category and Map, and the Zoning District Map, including the associated Negative Declaration. 6C. Appeal of SA-91-04 (Inland Timber) Mayor Matteson opened discussion to the public. Rollie Hamann, Inland Timber Company, spoke on behalf of Don Stobaugh, General Manager, Inland Timber Company, in favor of the appeal to change the 7 00 a.m. to 9 00 p.m. curfew and return the allowed working hours to 7 00 a.m. to 10 00 p.m. Frank Miller, 12743 Dickens Ct. , Grand Terrace, spoke in favor of the 7 00 a.m. to 9 00 p.m. curfew. Chester Easter, 21963 Tanager St. , Grand Terrace, spoke in opposition to Inland Timber and in favor of the 7 00 a.m. to 9 00 p.m. restriction . Sam Holland, 622 Main St. , Highgrove, spoke in opposition to Inland Timber and in favor of the 7 00 a m. to 9 00 p.m. curfew Mayor Matteson returned discussion to Council . CC-91-64 MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to uphold the Planning Commission's conditional approval of SA-91-04/CUP-91-02 and to deny the appeal by Inland Timber to change the allowed hours of operation from 7 00 a.m. to 9 00 p.m. to 7 00 a.m to 10 00 p.m. Council Minutes - 5/23/91 Page 5 6D. Housing Element Mayor Matteson opened discussion to the public , there being none, he returned discussion to Council . CC-91-65 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to eliminate the reference to rent control in the Staff Memorandum to Council dated April 29, 1991 and to approve the Resolution adopting the updated Housing Element of the City of �.� Grand Terrace General Plan. UNFINISHED BUSINESS 7A. SECOND READING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AMENDMENT Z-91-01, AMENDING TITLE 18 SECTIONS 18.10.040 AND 18.63.020, OF THE GRAND TERRACE MUNICIPAL CODE AND ADOPTING A REVISED TITLE 18 AND ITS ASSOCIATED NEGATIVE DECLARATION (E-91-01) Councilmembers Christianson and Hilkey abstained from discussion due to a potential conflict of interest. CC-91-66 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 3-0-0-2 (COUNCILMEMBERS CHRISTIANSON AND HILKEY ABSTAINED) , to accept the second reading of the Zoning Amendment Ordinance relating to the adoption of Z-91-01, the amending of Title 18, and the adoption of the revised Title 18 and its associated Negative Declaration (E-91-01) . 7B. City Manager Salary Negotiations CC-91-67 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 4-1 (MAYOR PRO TEM GRANT VOTED NO) , to increase the City Manager' s salary by 2. 1% to $6138.00 per month. NEW BUSINESS 8A. Schedule FY 91-92 Budget Sessions It was the consensus of Council to schedule the 1991-92 Fiscal Year Budget Sessions for June 10, 1991 and June 11, 1991 at 6 00 p.m. 8B. Designate No Parking on West Side of Mt. Vernon, from Barton Rd. to 11965 Mt. Vernon, and Two-hour Parking on East Side of Mt. Vernon, North of Barton Rd. to 11965 Mount Vernon CC-91-68 MOTION BY MAYOR PRO TEM GRANT, SECOND BY MAYOR MATTESON, CARRIED 5-0, to designate "No Parking" on the West Side of Mt. Vernon , from Barton Rd. to 11965 Mt. Vernon, and to notify residents on the East Side of Mt. Vernon north of Barton Rd. to 11965 Mt. Vernon of the proposed two-hour parking restriction. Council Minutes - 5/23/91 Page 6 8C. AN ORDINANCE APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF LEASE AGREEMENTS BETWEEN THE CITY OF GRAND TERRACE AND THE GRAND TERRACE PUBLIC FINANCING AUTHORITY AND AUTHORIZING AND DIRECTING CERTAIN OTHER ACTIONS WITH RESPECT THERETO CC-91-69 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to adopt the Ordinance relating to the authorization and execution of lease agreements between the City of Grand Terrace and the Grand Terrace Public Financing Authority. 8E. Designate Representative for 1984 La Verne/Grand Terrace Housing Issue CC-91-70 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER HIKLEY, CARRIED 5-0, to designate Mayor Matteson as the City of Grand Terrace representative for the 1984 La Verne/Grand Terrace Housing Issue. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 8 00 p.m. , until the adjourned regular CRA/City Council Budget Session , which is scheduled to be held on Monday, June 10, 1991. i Deputy City Clerk of the City of Grand Terrace MAYOR of the City of Grand Terrace CITY CLERK'S DEPARTMENT STAFF REPORT DATE• June 6, 1991 CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: June 13, 1991 SUBJECT Application for Peddling License - Riyad Hamdan (Yum Yum Ice Cream) FUNDING REQUIRED NO Attached is a copy of Riyad Hamdan's application for a Peddling License The applicant proposes to operate an Ice Cream Truck within the City The applicant has paid the required application fee, and if approved will be required to pay a business license fee. In accordance with the Municipal Code, the Sheriff's Department has investigated the applicant and they have no objections to the City issuing them a permit Staff has verified that all requirements of Environmental Health Services have been met STAFF RECOMMENDS COUNCIL APPROVE THE APPLICATION FOR A PEDDLING LICENSE SUBMIIILD BY RIYAD HAMDAN (YUM YUM ICE CREAM) BS COUNCIL AGENDA ITEM# 3 - CITY CF GRANO TERRACE APPLICATION FOR PEDDLING SOLICITING OR HAWKING LICENSE (Pursuant to requirements of Chapter 5 64, Grand Terrace Municipal Code)TO City Clerk's Office Date l/� /J C/� T City of Grand Terrace �` 1 22795 Barton Road, Second Floor Grand Terrace, CA 92324 Application Is hereby made for a City of Grand Terrace license to engage In the business of peddling or hawking goods, wares merchandise or of soliciting orders for goods or services, or of offering services for repair or improvement of real property exceeding S25 00 In cost or value within the City of Grand Terrace pursuant to the provision of Chapter 5 64, Grand Te-race Municipal Code, witti 'he knowledge that, If approved the required license fee shall be paid to the City of Grand Terrace Finance Department I Applicant's Legal Name R `'\! A 1) M \ h K n / c Address N \ ��N h r//T- ( p !�� (Number and Ofreet) S P� (City and Lip 2 v/ rl(Iei 3 on , um er (if Religious or Nonprofit Organization an.,,re, the fol lowing ) Business Address sq 'ie. R//y(7)'-e— r'\ Date Articles of Incorporation filed with the City Clerk's Office ) 2 Applicant partners or other persons who will engage In soliciting pedaling or hawking (Note Each person must obtain a separate license) Name Social Security Number Driver's License Number (ye n ,r 6I< - 3`b— f32$j �yo3R�$ 3 Specific locations and time of day applicant intends to hawk peddle or solicit at each location (Written permission of property owner must be submitted with application for all Hawker's license) ,rc M L-/ -7-(7 '- Sri 4 The supplier of the goods to be sold and a description of every type merchandise or service that applicant proposes to hawk peddle or sollci' 5 Type o' Operation (Peddling Soliciting Hawking) i c C,,,g?b fir(-k 6 Has applicant or persons named In Section 2 of this application ever been convic'ed�,/ of theft fraud, burglary battery or been adjudged a sex offender in Callfornla� ( ) Yes ((/r N0 (Failure 'o provide correct Information will result In denial or revocation of license ) Explanation (Give reason and disposition) 7 Description Hair n 1,4 Eyes r2?,v �s Wt ) Race 8 Birth Date /0//2 1 ) 5 r Place of Birth i�n T)A� If na'uralized, place and date C/A-Married ( ) Single Malden Name_l /�/g , Spouse's Name 10 Have you ever used any other name ( ) Yes e/) No If so give name or names and reasons for use 11 Do fou have a permit to carry a concealed weapon? ( ) Yes (L)"No If so give de'e and place of Issuance 12 Occupa'Ion and employment during past five years Firm r� Address I A Occupation DOinIr1QS (' (?' — �`�� r�� ( n !� Mc �3tV n Mel;14b_z->�-_ h r,YP.��, vd//c✓� rQ '?i-3$2 �rt gf2r( 1Q-;4 A COPY CF THE STATE SALES TAX PERMIT (CALIFORNIA REVENUE AND TAXATION COCE 6066) MUST BE ATTACHED TO THE APPLICATION 1 the undersloned, hereby declare that I have carefully read Section 5 64 of the Grand Terrace Municipal Code that I understand It thoroughly and will carry out every provision thereof 1 further state that the s'a'ements and answers contained In this application are true to the best of my knowledge and belief knowing 'hat any raise statement will be sufficient cause for denial or revocation of said license I declare that there Is no known cloud or the title to ownership of the goods to be sold I declare under penalty of perjury that the following Is true and correct Date 5 ' C I Signature FEE S27 00 PER QUARTER (S30 Application Fee Applied to License) I hereby apply for one of the follo+.ing exemptions and have submitted valid proof + 'Cisab i,'y ) "LnOnr 19 ( ) ***Veteran ( ) *Religious or Nonprofit ( ) 'Over 55 (()- Special Veteran *See Municipal Code Section 5 64 **Letter from parents reouired ***Authorization from Veterans' Affairs required Special Veterans' Exemption requires proof the' applican' owns good (Business and Professions Code Sec 16102 ) ,PECIAL VETERANS' E)EM°TION STATEMENT I hereby certify that I own all the goods wares or merchandise 'haT I plan 'o hawk peddle or vend }� Signature (Y� After approval t'ie license fee shall be paid to the Finance Department City of Grand Terrace 22795 Barton Poad Grand Terrace CA 92324 I RECO4ME'D THAT THIS APPLICATION BE 0 Approved ( ) Denied Date � /�� SHERIFF'S DEPARTMENT By 1—, Ail reouirements of Environmental health Services have been rot and the application Is recommended for approval (Nor ,ecessary If applicant Is not handling food ) Da'e -�- 9/ ENVIROMIENTAL HEALTH SERVICES By \itiv1 A yr 9A-te d Pl �/(t y LQ CAent ria4ker's location s) meets all applicable Zonino Code requirements Date ENVIRONMENTAL ENFCRCEMENT By (Repor's and recommendations to be returned to the City Clerk within ten (10) days after referral ) CITY COUNCIL ACTION Application Fee Paid 1,30 cT ( ) Approved ( ) Denied Cash Certified Check or Money Order NITA BROWN, City Clerk 'coop ed by Applican' has submitted ( ) Sate Sales Tax Permit Date ( ) drltten permission of owner (if Hawker license applied for) dritte', permission of parent if under 18 years of age SJAJ . CALIFORNIA- - (w �I� /, ^j7 S .A.......,.„.....„== AEPA FillbovARI 0OR®EN/CL DEPARTMENT OF MOTOR VEHICLES P O BO P SACRAMENTOX CA 9426 94269-0001 I ***VALIDATED ED RI f ISTRA rroN CARD*.r I I TYPE OF VEHICLE/VESSEL USE C'f)Mr�Ef;C7 AI REGISTRATION EXPIRE TYPE/USE I E R HULL A ILNUM t)4/-0/9, LICENSE/CF NUMBER 11''1O5() - 1 CIE�7^C VEHICLE ID/VESSELMAKE/BUILDER AMU BODYh TYPE MODEL tj VL V 1`I ti R FIRST SOLD VEII YR/ YR !)t) AFCLASS VSL YR BLT MODEL TYPE VEH/VESSEL DATE ISSUED91 AX WC UNLADEN HULA - �I c)4/1 /91 WEIGI IT _ MP/FUEL CYLS L HULL C 0761..i E- PROP I DATE OF PURCHASE VESSEL LENGT,I `� TYPE MAIL MO FT IN WD ENGINE NUMBER USE TAX AMOUNT PAID 5 57 $ 121 . 00 CO/ALCO PIC 6 5 I `T} R# R4171809 626 tti416r�1 t)Q c)c)^8 Coo c)t, ^1�1r) DT FEE RCVD; ti CS 04/16/91 I , AM r DUE AMT r7EGVD Cc 121 00 ASH '— - CHCF 1^J c)c, ; CRDT I E HAMDAN FIYAD M 1560 OHIO ST S T E i R I Mann D rf DLAIVDS w CA 4 N 9^77 , R MIMI 01 02 li N 03 H 04 n 0 m 0 g05 Et E RI R TOT ci' I San tternardino t✓ounty — cnvii..iiii1G11.a1 11/1.114 �,••--••• --• �dlli//�/, ENVIRONMENTAL HEALTH SERVICES %,� � . FOOD PROGRAM OFFICIAL INSPECTION REPORT PHONE DATE ESTABLISHMENT NAME // �{ y Yvr'l f) //'e` 6*, '�,,A REI SPECTIbN DA�re LOCATION 5 a I / '/ 'L a 4/0 .5,/ �(7 i ! 4 h VS-- REHS,., OWNER/APPL H S e.ri 7) ,,.,_,,-,_,,, s1AILING ADDRESS ` CI `, 1I APPL LAW-CA Health & Safety Code/ PERMIT EXP SERVICE MFRN PR06 AM ELEMENT San Bernardino Co Code 4-7/? /?/ /c / ,// SC�yj,"�, Sq Ft VALUE ✓ r i 1 Food Temp/Defrost 10 The following Items represent Health Code violations and must be corrected _^J 2 Ref rig/Freezer 3 / 1-- 3 Thermometer 4 -Q(/'I /(' / ( 1/e, /!,ii-, c t,i/tyi// ii.(4/,. . 4 Steamtable/Usage 3 / z 5 Adulteration/VC&D 11 �fL /� `—/ �-1 0 o W 6 Prep/Service 3 ° 0 7 7 Storage/Display 3 b ,C A/ ` / ° ccl a 8 Labelin /Sins/Adv 3 / T ) / 9 Employee Habits/Health/ �i-,Le li/P t! G4 e r� f��.Jl / ( j CO co Handwashing 5 111 C F 10 Vectors/Animals/ Cl c 6h- "�� 1 q t,.)t f/F) ° Unauthorized Use 3 f L 11 Wash/Sanitize Equip 8 w 12 Equip/Utensil/Coed 5 i om w 13 Storage Condition/ Cleanliness 3 ` -14 -Ifazards- 3 15 Floor/Ceiling/Walls 5 c 16 Plumbing/Sinks/Cross U 5 x Connections i- ° Ul 17 Lighting 3 C 18 Liquid/Solid Waste 5 aw 19 Restroom/Dressing Room 4 20 Exhaust/Vent System 4 21 Worker Certification/ Permit 7 z NO Reinspection Required r w _ LU Reinspection Required SCORE mF Supervisory Review* ` N ia- Permit Suspension/Revocation* 0 w Closure* Central Region San Bernardino Main Office 385 N Arrowhead 14) 387 4608 2) co Yucaipa (714)797 6727 0 5 Redlands (714) 798 8526 w co West Valley Region I i- Ontario (714) 391 7570 a tu x Fontana (714) 829 6244 a Desert/Mountain Region r z t Victorville (619) 243 8141 z 0 ccBarstow (619)256 4736 z Joshua Tree (619)366 4190 w Needles (619) 326 2015 *Permittee has a right to a hearing If requested In writing within 15 calendar days of Big Bear (714) 866 7588 receipt of this notice to show cause why the permit to operate should not be suspended Other or revoked I Initials of permittee or employee 15 17237 631 Rev 9/90 PAGE/ OF,/, DATE June 5, 1991 STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE• June 13 , 1991 SUBJECT Accept Bonds and Agreement - M S Partnership r �J FUNDING REQUIRED NO FUNDING REQUIRED x The following Bonds and Agreement have been submitted to the City in conjunction with the commercial center project located at 22488 Barton Road - Streets and Storm Drain Agreement - Material and Labor Bond - Streets - Bond for Improvement of Streets STAFF RECOMMENDS COUNCIL: 1 Approve the agreement presented and authorize the Mayor to sign the agreement 2 Accept the Bonds COUNCIL AGENDA ITEM# 3 V t STREETS AND STORM DRAIN AGREEMENT THIS AGREEMENT, made and entered into this 14th day of May , 19 91 , by and between the CITY OF GRAND TERRACE, State of California, hereinafter called "CITY" and M S PARTNERSHIP hereinafter called, "Owner" WITNESSETH FIRST That the Owner for and in consideration of the acceptance by the City Council of the public rights-of-way offered for dedication, hereby agrees at its own cost and expense, to furnish all equipment, labor and material necessary, and before the expiration of two years from the date hereof, to perform and complete in a good and workmanlike manner all work 1 and Improvements, according to Plans and Profiles approved and Standard Drawings and Specifications, and to do all the work incidental thereto, which said Plans, Profiles, Standard Drawings and Specifications are on file in the Office of the City Engineer and are hereby made a part of this Agreement That said work and improvements shall be done under the supervision of, and to the satisfaction of said City Engineer and shall not be deemed complete until approved and accepted as completed by the City Council That the estimated cost of said work and improvements is the sum of THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500 00) SECOND The City, the City Engineer and all officers and employees of the City, shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, for any of the materials or other things used or employed in performing the work, or for any injury to any person or persons, either workmen or anyone employed by him, against all of which injuries or damages to persons and property the Owner or his contractor having control over such work must properly guard THIRD The Owner shall indemnify and save harmless the City, and all officers and employees of the City, from all suits or actions of every name, kind of description, brought for, or on account of any injuries or damages received or sustained by any person or persons, by or from the Owner, his contractor of agents or employees of them, in the performance of the work required hereunder FOURTH It is further agreed that said Owner will at all times from the acceptance by the City Council of the public rights-of-way offered for dedication, up to the completion by the Owner and acceptance of said work and improvements by said Council , give good and adequate warning to the travelling public of each and every defective or dangerous condition existent on said rights-of-way and will protect the travelling public from such defective or dangerous conditions That is understood and agreed that until the completion of all the improvements herein agreed to be performed, and proposed, and proposed road rights-of-way not accepted as improved shall not be accepted into the City Maintained Street System and said Owner may, with approval of the City Engineer, close all of a portion of any street whenever it is deemed necessary to protect the travelling public during the making of the improvements herein agreed to be made And the Owner hereby agrees to pay for such inspection of the work and improvements as may be required by the City FIFTH It is further agreed by the parties hereto, that the Owner ,ill furnish two good and sufficient bonds in accordance with Section 11612, Business and Professions Code, State of California Such bonds may be in one or more of the following forms (1) a cash deposit, (2) a bond by one or more duly authorized corporate sureties, or (3) an instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and agreeing that the funds designated by the instrument shall become trust funds for the purposes as above set forth Streets and Storm Drain Agreement ' Page Two , Said bonds shall be in the amounts and for the following purposes (a) an amount equal to the total estimated cost of the improvements, conditioned upon the faithful performance of the Agreement, and (b) an additional amount equal to one-half the total estimated cost of the improvement securing payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements Should the sureties on said bonds, or either of them, become insufficient, said Owner agrees to renew said bonds with good and sufficient sureties, within ten days after receiving notice that said sureties are insufficient Bonds as herein required shall remain in full force and effect until all work is completed and accepted by the City SIXTH It is further agreed by and between the parties hereto, including the surety or sureties on the bonds attached to this Agreement, that in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by the City Council and shall in no way affect the validity of this Agreement or release the surety or sureties on the bonds attached hereto It is understood, in the event of such extension of time of completion of the work required hereunder, that the City may re-estimate the value of uncompleted work based upon the current estimated unit prices and, if deemed necessary, to adjust bond amounts accordingly ATTEST City Clerk City of Grand Terrace CITY OF GRAND TERRACE BY BY Ma r i ' M S P RTNERSHIP a Na o wner Calif eral P nership BY , Samueal Bachner, General Partner BY Bond /13SM 770 427 00 Premium $203 00 BOND FOR IMPROVEMENT OF STREETS Two Years KNOW ALL MEN BY THESE PRESENTS THAT WE, M S PARTNERSHIP , A Calif General Partnership (OWNERS) as Principal , and American Motorists Insurance Company (Bonding Company) organized and existing under the laws of the State of California and authorized to act as Surety in the State of California, as Surety, are held and firmly bound unto the CITY OF GRAND TERRACE, State of California, in the just and full sum of THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500 00), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly and by these presents The condition of the foregoing obligation is such that whereas said Principal ( ) has entered into or ( ) is about to enter into the annexed Agreement with the City of Grand Terrace pursuant to the authority of the Subdivision Map Act of the State of California for the improvement of the streets offered for dedication or to be improved in connection with the development and whereas this Bond is required by said City in connection with the execution of said Agreement NOW THEREFORE, if the said Principal shall and truly do and perform all of the covenants and obligations of said Agreement on its part to be done and performed at the times and in the manner specified therein, then the above obligation shall be void and of no effect, otherwise it shall be and remain in full force and effect And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work or improvements to be performed thereunder or to the Plans or Specifications attached to said Agreement shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Agreement or to the work or improvements or to the Plans or Specifications In the event suit is brought upon this Bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court executed by Surety on May 15, 1991 WITNESS OUR HANDS this 14th day of May 1991 M S PARTNERS IP, A Calif General Part rship American Motorists Insurance Company Pr,ncipa Surety By it •''cipa Attorney-in- •act Samue :achner, General Partner ipton Keller NOTE Acknowledgments of execution by Principals and Surety must be attached Bond must oe attacnea to Agreement, Plans ana SpeuiFicaLluns Bond #3SM 770 427 00 MATERIAL AND LABOR BOND Premium included with Streets performance bond Two Years KNOW ALL MEN BY THESE PRESENTS THAT WE, M S PARTNERSHIP , a Calif General Partnership (Owners) as Principal , and American Motorists Insurance Company (Bonding Company) organized and existing under the laws of the State of California and authorized to act as Surety in the State of California, as Surety, are held and firmly bound unto the CITY OF GRAND TERRACE, State of California, in the just and full sum of SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($6,750 00), lawful money of the United States for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly and by these presents The condition of the foregoing obligation is such that whereas said Principal ( ) has entered into or ( ) is about to enter into the annexed Agreement with the City of Grand Terrace pursuant to the authority of the Subdivision Map Act of the State of California, for the improvements of the streets and easements offered for dedication or to be improved in connection with the development and whereas this Bond is required by said City in connection with the execution of said Agreement NOW THEREFORE, if the said Principal or the subcontractors of said Principal shall fail to pay for any materials, provisions, provender or other supplies or use of implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work of labor, the said Surety will pay the same to any amount not exceeding the sum above specified in this Bond, and in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court This Bond shall insure to the benefit of any and all persons, companies, and corporations entitled to file claims under Article 2 of Chapter 2 of Title 4 of the Code of Civil Procedure of the State of California, and all such persons, companies, and corporations and their assigns shall have a right to action in any suit brought upon this Bond And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of Agreement or to the work or improvements to be performed thereunder or to the Plans or Specifications attached to said Agreement shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Agreement or to the work or improvements or to the Plans or Specifications In the event suit is brought upon this Bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including . reasonable attorney's fee to be fixed by the Court executed by suret, o^ Maj 15, 1991 WITNESS OUR ANDS this 14th day of May , 1991 M S PARTNER IP, a Calif American Motorists Insurance Company General Part :- _ h_ . nci pa Sur y � I B WIT na At orney-in- act Samuel Btchner, General Partner Kipton Keller NOTE Ack owledgments of execution by Principals and Surety must be attached Bonds must be attached to Agreement, Plans and Specifications (IT), W 0 12-5 3106 r o'< GRAND TEZR'CE STAFF REP 0 R T Ilitikawiti s•VfM..^,• - Date June 4, 1991 22795 Barton Road Grand RI lace Meeting date June 13, 1991 Califoi nia 92324-5295 Civic Centel Subject Grant Deed for M S Partnership (714) 824-6621 Attached is a Grant Deed from M S Partnership for additional dedication of Barton Road and Mt Vernon Avenue at the northwest corner of that intersection Staff Recommends that City Council 1 Accept the dedication Byron R Matteson 2 Direct the City Clerk to record the document M tyor Hugh J Grant JK/ct M tyor Pro Tc mpore Gene Carlstiom Zo , M Christianson Herman Hilkey Counul Members Thomas J Schwab City M magi]. COUNCIL AGENDA ITEM#3 C,- RECORDING REQUESTED BY CITY OF GRAND TERRACE WHEN RECORDED MAIL TO CITY OF GRAND TERRACE APN 275-251-21 & 30 22795 BARTON ROAD ADDRESS 22488 GRAND TERRACE CA 92324 Barton Rd , Grand Terrace, (ATTENTION ENGINEERING DEPARTMENT) California EASEMENT DEED _ (GRANTORS) FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED M S Partnership, A California General Partnership DOES HEREBY GRANT TO THE CITY OF GRAND TERRACE, A MUNICIPAL CORPORATIO0 AN EASEMENT FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES OVER, UNDER, AND UPON THE REAL PROPERTY IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS SAID DESCRIBED PARCELS ARE AS SHOWN ON "EXHIBIT A" , SHEET 3 OF 4 1 SHEET 1 OF 4 APN# 275-251-21 DATED THI DAY OFi Argil., , 19 9 / 275-251-30 M S Partn ship, A Ca fornia General Partnership AM H ER- , Axi t Los Angel s CA ACKNOWLEDGMENT OF GRANTOR: THIS IS TO CERTIFY THAT THE IN- TEREST IN REAL PROPERTY CONVEYED STATE OF CALIFORNIA) SS BY THE DEED OR GRANT DATED ,' COUNTY OF SAN BERNARDINO) ,, FROM ON 7/5/63/ BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC TO THE CITY OF GRAND TERRACE, IN AND FOR SAID COUNTY AND CALIFORNIA, A MUNICIPAL CORPORA- AND STATE, PERSONALLY TION, IS HEREBY ACCEPTED BY THE APPEARED /)2//,"/ Bar/'L)e '- UNDERSIGNED OFFICER PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY CITY OF GRAND TERRACE EVIDENCE) TO BE THE PERSON WHOSE NAME /,o SUBSCRIBED TO THE WITHIN INSMENT, AND ACKNOWLEDGED TO BY: ME THAT , EXECUTED IT PUBLIC WORKS DIRECTOR ikf, NOT Y SIGNATURE CITY PARCEL NO- Cam" ''^ .A/LE P B�AI. c:".„.: _. SHEET 2 OF 4 "EXHIBIT A" APN# 275-251-21 4 4 275-251-30 O 89c450I33 /1W /05.00'_ 0 N00 °// '44"E 17. oo' Iø Address 22488 Barton Rd , Grand © A/89°50 '33 'E 94. 12' ---- 331 Terrace, Ca 4 G = 89'38'4r R= 2 o' L =31. 29' 5 NOO °// '44"E /83. l2' / / • 7 S O O ° 1l '4 4 "{�/ 20 0 , oa'• 8 545°o1 ' 10 "W 28.33' l l QROFESS/04, ,, es N, = N0 28306 2 © � . � MO' 3/31/9. rFOFO ,• -146-r-d--- "Idevv,/‘:"- --- . N T. 5, 9 G- VO 0 .,-'77 3 7--� . oI 20' II 5 E © O CORNER 0 LOT I T.PO B Y BARTON ROAD Page 3 of 4 'R EPARED BY : SIROUS T. KERMA N I PREPARED FOR : C L S ENGINEENING ►046 CORNERSTONE CT.W. STE. 111 MICNEAL PALMER Assoc BAN DIEGO CA. 92121 RAGE. 28306 /205 J STREET SUITE F- SAN DIEco , cflL/F 92101 EXHIBIT "A" APN# 275-251-21 275-251-30 Address 22488 Barton Rd , Grano Terrace, CA LEGAL DESCRIPTION THAT PORTION OF LOT 1, BLOCK "E", OF GRAND TERRACE, BEING A SUBDIVISION OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER MAP RECORDED IN BOOK 11, PAGE 4, OF MAPS, RECORDS OF THE RECORDER OF SAN BERNARDINO COUNTY, STATE ) OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89 DEG. 50' 33" WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 20.00 FEET TO A POINT THEREON, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEG. 50' 33" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF /0 5.0 0 FEET TO THE SOUTHWEST CORNER OF THE GRANTOR'S PARCEL OF LAND; THENCE NORTH 00 DEG. 11' 44" EAST, ALONG THE WEST LINE OF SAID GRANTOR'S PARCEL, A DISTANCE OF 17.00 FEET TO A POINT THEREON; THENCE NORTH 89 DEG. 50' 33" EAST, ALONG A LINE PARALLEL WITH AND DISTANT 17.00 FEET NORTHERLY OF, MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 94. 12 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 89 DEG. 38' 49" FOR AN ARC DISTANCE OF 31 . 29 FEET: THENCE NORTH 00 DEG. 11' 44" EAST, ALONG A LINE TANGENT TO THE LAST DESCRIBBED CURVE, BEING ALSO A LINE PARALLEL WITH AND DISTANT 11 .00 FEET WESTERLY OF MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 183. 12 FEET TO THE INTERSECTION OF SAID PARALLEL LINE WITH THE NORTH LINE OF SAID GRANTOR' S PARCEL; THENCE NORTH 89 DEG. 50' 33" EAST ALONG SAID NORTH LINE A DISTANCE OF 11 .00 FEET TO THE NORTHEAST CORNER OF SAID GRANTOR'S PARCEL; THENCE SOUTH 00 DEG. 11' 44" WEST ALONG THE EAST LINE OF GRANTOR'S PARCEL, BEING ALSO ALONG THE EAST LINE OF SAID LOT 1 , A DISTANCE OF 200 .00 FEET TO A POINT THEREON, SAID POINT LIES NORTH 00 DEG. 11' 44" EAST MEASURED ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET FROM SAID SOUTHEAST CORNER OF SAID LOT 1 ; THENCE LEAVING SAID EAST LINE SOUTH 45 DEG. 01 ' 10" WEST A DISTANCE OF 28.33 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.097 ACRES. QROFESS/04, -sPHER/ �F�e�, L.; m °C N0 28306 rn ExP 3/3 01 is> CIVIL Page 4 of 4 44. OF CA1-.•�� RESOLUTION NO 91-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A BUDGET OF ESTIMATED REVENUES AND EXPENDITURES FOR FISCAL YEAR 1991-92 WHEREAS , a local agency is required to adopt a budget for the subsequent fiscal year for estimated revenues and expenditures , and WHEREAS , every local governmental agency shall file with the county auditor of the county in which the agency conducts its principal operations , a budget for the fiscal year then in progress , and WHEREAS , the City Council and Staff members have thoroughly reviewed and analyzed the proposed budget in order to determine the needs of the City of Grand Terrace , NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE , DECLARE AND ORDER AS FOLLOWS Section 1 That a budget for Fiscal Year 1991-92, a copy of which is on file in the City Clerk ' s office , is hereby adopted for the City of Grand Terrace with total estimated revenues of $ 4, 373, 758 and total estimated expenditures of $ 4, 404, 551 Section 2 That the City Clerk is hereby directed to forward a copy of this Resolution and the adopted Fiscal Year 1991-92 Budget to the Auditor-Controller of the County of San Bernardino ADOPTED this 13th day of June , 1991 ATTEST Deputy City Clerk of the City Mayor oT—the City of Grand of Grand Terrace and of the Terrace and of the City City Council thereof Council thereof RESOLUTION NO PAGE 2 I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of June , 1991, by the following vote AYES NOES ABSENT ABSTAIN D puty City CLerk' Approved as to form City Attorney STAF REPORT C R A ITEM () COUNCIL ITEM (X) DATE: 6/7/91 SUBJECT: CDBG DELEGATE AGENCY AGREEMENT CITY/COUNTY PROPOSED ACTION Approve and execute the 1991-94 Community Development Block Grant (CDBG) Delegate Agency Agreement, between the City of Grand Terrace and the County of San Bernardino BACKGROUND. On August 13, 1990 the San Bernardino County Board of Supervisors approved a Cooperation Agreement between the City of Grand Terrace and the County for participation in the County's 1991-94 CDBG program Pursuant to Section II (Other Agreements) of the Cooperation Agreement, the Delegate Agency Agreement and its attachments set forth the procedures which the City and County are required to follow for the implementation of CDBG activities It specifies the procedures, sequences and responsibilities of the respective parties, as well as, the forms used in carrying out CDBG activities according to local, state and federal requirements This agreement is required to be renewed every three years Hence, upon review, it remains the same as previously approved agreements FORM MOTION APPROVE THE ATTACHED 1991-94 COMMUNITY DEVELOPMENT BLOCK GRANT CITY/COUNTY DELEGATE AGENCY AGREEMENT, AND AUTHORIZE THE EXECUTION OF THE AGREEMENT ALLOWING THE CITY OF GRAND TERRACE TO CONTINUE ITS PARTICIPATION IN THE CDBG PROGRAM. RLA COUNCIL AGENDA ITEM# 3 FOR COUNTY USE ONLY E X New Vendor Code Dept Contract Number \dilf/ M _ Change� J nC / X Cancel ECD H _ _ County Department Dept Orgn Contractor s License No �ii ECONOMIC AND COMMUNITY DEVELOPMENT ECD ECD ///1��\\\\ I I \ County Department Contract Representative Ph Ext Amount of Contract THOMAS R LAURIN 4594 N/A County of San Bernardino Fund Dept Organization Appr Obj/Rev Source Activity GRC/PROJ/JOB Number F A S SBA ECD PROJ 200 2005 Commodity Code Estimated Payment Total by Fiscal Year CONTRACT TRANSMITTAL FY Amount I/D FY Amount I'D Project Name N/A N/A 1991-94 CDBC City/County _ Delegate Agency _ Agreements CONTRACTOR City of Grand Terrace Birth Date N/A Federal ID No or Social Security No N/A Contractor's Representative Mr Randy Anstine, Assistant City Manager Address 22795 Barton Road, Grand Terrace, CA 92324 Phone 714-824-6621 Nature of Contract (Briefly describe the general terms of the contract) In compliance with requirements of Title I of the Housing and Community Development Act of 1974 as amended, the County consummated Cooperation Agreements with sixteen incorporated cities to qualify as an "urban county" through mutual cooperation to undertake or assist in undertaking essential community development and housing activities This was accomplished on August 13, 1990, when said Agreements were executed for joint participation in the CDBG program for Program Years 1991 through 1994 Pursuant to Section 11 of the Cooperation Agreements, the Delegate Agency Agreements and their attachments aie set forth to further implement the provisions of the Cooperation Agreements They specify the procedures, sequences, responsibilities and forms to be used to carry out CDBG activities according to local, state and federal requirements The Delegate Agency Agreements are specifically subordinate and supplementary to and concurrent with the Cooperation Agreeements (Attach this transmittal to all contracts not prepared on the Standard Contract form ) Approv to Legal orm Reviewed as to Affirmative Action Reviewed for Processing C::t y Counsep�y� Agency Administrator/CAO MAY 199) Date Date 02 12294 000 Rev 11/90 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE AGENCY AGREEMENT For Fiscal Years 1991-92, 1992-93, 1993-94 This Agreement is made and entered into this day of 19 , by and between the COUNTY OF SAN BERNARDINO hereinafter referred to as "COUNTY" , and the CITY OF GRAND TERRACE, a municipal corporation and a political subdivision of the State of California located within the boundaries of San Bernardino County, hereinafter referred to as "CITY" WITNESSETH WHEREAS , COUNTY has been designated an "urban county" by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD" , as that term is defined in Title I of the Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT" , and accordingly, COUNTY will administer a Community Development Block Grant (CDBG) program which includes the development of a Final Statement of Community Development Objectives and Projected Use of Funds, hereinafter referred to as "COMMUNITY DEVELOPMENT PLAN" , which constitutes COUNTY's application for Federal assistance under said ACT, and, WHEREAS , CITY and COUNTY have entered into a "Cooperation Agreement for Community Development Block Grant Funds" , as part of COUNTY's CDBG Program, covering Fiscal Years 1991-94, to which this is a subordinate and supplementary agreement per Section 11 (Other Agreements) of said Cooperation Agreement executed by these parties, dated August 13 , 1990, and, WHEREAS, COUNTY administers a CDBG program in cooperation with sixteen cities, and in the unincorporated areas of San Bernardino County, through County Department of Economic and Community Development, hereinafter referred to as "ECD" , and, WHEREAS, CITY has the ability to manage and administer CDBG projects , and, WHEREAS, CITY chooses to assume the responsibility of project implementation within its corporate limits in cooperation with COUNTY, and, WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize utilization of personnel and resources and increase efficiency and economies in the planning and administration of the program hereinafter set forth, NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows 1 PURPOSE This Agteement is made pursuant to the provisions of Article 1, Chapter 5, Division 7 , Title I of the Government Code of the State of California (commencing with Section 6500) , relating to public agencies The purpose of this Agreement is to implement the provisions of the Cooperation Agreement in carrying out CDBG activities which have been approved by COUNTY for CITY in accordance with the COMMUNITY DEVELOPMENT PLAN The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other Federal, State and County laws and policies in the manner hereinafter set forth 1 2 EFFECTIVE PERIOD This Agreement shall become effective beginning July 1, 1991 and shall continue in full force and effect through June 30, 1994 COUNTY may grant an extension of up to six (6) months of the effective period of this Agreement for the purpose of completing CITY' s projects/activities which are underway and cannot be completed during the term of this Agreement CITY must request any such extension in writing Any extension will only be effective if granted in writing by COUNTY Maintenance and operation and monitoring requirements for facilities developed under the terms of the Agreement shall be in effect and continue in full force as prescribed in Section 9 3 AUTHORIZATION OF PROJECT/ACTIVITY CITY shall not initiate nor incur expenses for any CDBG funded project or activity covered under the terms of this Agreement prior to receiving written authorization from COUNTY Written authorization will be accomplished when Attachments A (Request to Initiate Project or Activity) and B (Project or Activity Description) of this Agreement have been completed for a CDBG funded project or activity and signed by CITY and countersigned by ECD Any such authorized Project or Activity shall hereinafter be referred to as an AUTHORIZED PROJECT 4 IMPLEMENTATION OF AUTHORIZED PROJECT CITY agrees to implement AUTHORIZED PROJECTS in the manner prescribed in the Delegate Agency Coordination Procedures (Attachment C) , using the forms and language contained in the (Attachment D) , and agrees to comply with all applicable local, county, State and Federal regulations associated with the implementation of CDBG projects CITY may contract for all necessary services to complete AUTHORIZED PROJECTS described on its executed Attachment's A and B provided that contracts are - submitted to and approved in writing by ECD prior to their execution CITY Attorney is responsible for assuring and certifying that the AUTHORIZED PROJECT undertaken by the CITY' s contracting party complies with all applicable regulations and statutes , as amended, listed in Attachment C Section IV 5 MODIFICATION OF AUTHORIZED PROJECTS CITY may request modification(s) to CDBG funding levels authorized by Attachment A or the pertinent Project Description (i e Scope of Activity) authorized by Attachment B Upon receipt of a written request from CITY, and approval by COUNTY, COUNTY will revise Attachments A and B 6 COMMUNITY DEVELOPMENT PLAN AMENDMENT Requests by CITY to add, delete or substantially modify an activity listed in the COMMUNITY DEVELOPMENT PLAN must be made in writing to COUNTY Requests to add new activity(ies) must be accompanied by a CDBG project proposal application Substantial modifications are defined as follows 1) a net increase of greater than 100/ of the activity allocation listed in a published Final Statement, of 2) a net increase or decrease in the activity allocation greater than $50,000, or 3) a change in the type of activity, or 4) a change in the location of the activity, or 5) a change in the beneficiaries of the activity The Final Statement shall be amended when an activity is added or deleted The "unprogrammed funds" activity is not subject to the allocation limitations defined herein 2 Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with the COMMUNITY DEVELOPMENT PLAN Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation for said action must be sent to COUNTY CITY shall comply with the requirements of and participate in the implementation of the citizen participation portion of the COMMUNITY DEVELOPMENT PLAN 7 COUNTY RESPONSIBILITIES COUNTY, through ECD, is empowered to enforce all Federal regulations pertaining to CDBG funded projects undertaken by CITY under this Agreement CITY recognizes that COUNTY, as the formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating funds CITY will have no direct responsibilities or obligations to HUD, except as identified, under this Agreement COUNTY shall provide technical assistance to CITY in a timely and expeditious manner upon written request to the Director of ECD 8 CONFORMANCE TO COUNTY PROCEDURES Under this Agreement, CITY elects to be responsible for carrying out CDBG projects However, in implementing said projects, CITY must perform all services and activities in accordance with Federal and State statutory requirements and with the policies and procedures established by the Board of Supervisors , and shall comply with the following A COMMUNITY DEVELOPMENT ADMINISTRATOR Upon COUNTY and CITY's mutual assent to this Agreement, CITY will designate a "Community Development Administrator" by filling in the name of said person in the space provided below The Community Development Administrator is the responsible authority for all correspondence with COUNTY, the signatory on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY council, CITY administration and CITY staff, as appropriate regarding the CDBG program CITY may, by written notification as set forth below, change the Community Development Administrator CITY's Community Development Administrator for this Agreement is , TITLE B FISCAL CONTACT PERSON For purposes of this Agreement, CITY shall also designate a fiscal contact person by filling in the space provided below The fiscal contact person shall be responsible for billing, and fiscal procedures regarding the CDBG Program and will serve as the primary contact for technical fiscal matters CITY may, by written notification as set forth below, change the fiscal contact person CITY's Fiscal Contact person for this Agreement is , TITLE C CITY shall be responsible for maintaining complete and separate fiscal accounts for CDBG funds which come under its control in such manner as to permit the reports required by COUNTY to be prepared therefrom and to 3 permit the tracing of CDBG funds to their final expenditure CITY will submit to ECD complete and detailed project descriptions , budgets, and expenses for each project that CITY implements with CDBG funds along with monthly reports of grant expenditures 9 MAINTENANCE AND OPERATION OF FACILITIES CITY shall provide maintenance and operation for the life of any and all facilities constructed with CDBG funds under this Agreement, for the life of the facility, not less than (20) twenty years 10 FUNDING LIMITS CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated by CITY in AUTHORIZED PROJECT'S Attachment A r-, 11 DISBURSEMENT OF FUNDS All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the Federal Government by COUNTY under ACT ECD will disburse the funds to CITY on a cost reimbursement basis Billing shall be accompanied by all pertinent source documentation to be presented to ECD by CITY on or about the first day of each month, allowing 15 days for payment on the part of ECD COUNTY shall be entitled to retain from such funds such amount as is calculated as the direct costs (including, but not limited to, salaries , benefits, mileage, actual cost of materials , meals and other authorized expenses allowable under the Travel Code Section 13 0638 County of San Bernardino) incurred by COUNTY in implementing CITY's AUTHORIZED PROJECTS 12 WITHHOLDING OF FUNDS COUNTY shall retain the right to withhold funds for any programs carried out by CITY, CITY's Contractor, or CITY' s subcontractor upon giving written notice to CITY indicating that COUNTY has determined that CITY has not performed its obligations as stated in this Agreement in a satisfactory or timely manner consistent with Federal regulations or policy COUNTY shall notify CITY in writing of this determination, specifying the objection(s) to CITY's performance CITY shall then have a maximum of 10 days in which to remedy said deficiencies Should approval of COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate CITY's CDBG program funding to other eligible activities which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS , upon written notice to CITY Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice 13 PROGRAM INCOME Program income represents net income directly generated from the use of CDBG funds by CITY as a result of the activity funded under the terms of this Agreement When such income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used CITY shall retain the use of program income by returning program income to COUNTY and requesting project budget increases for activities authorized under this Agreement Program income shall be returned to COUNTY within thirty (30) days after a) disposition or sale of real or personal property occurs or, b) cumulative program income reaches increments of one thousand dollars ($1,000) , or c) the end of each fiscal year CITY shall include the reports required by Section 15 , Program Reporting, all sources and amounts of program income on a monthly and year-to- date basis 4 Program income returned by COUNTY to CITY shall be spent by CITY on only those costs authorized under this Agreement All provisions of this Agreement shall apply to said use of program income funds CITY shall account for the receipt and use of program income in such a way that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent Any program income on-hand when this Agreement expires or is received after such expiration, shall be paid to COUNTY 14 PROGRAM REPORTING CITY agrees to prepare and submit financial, program progress, evaluations , and other reports as required by HUD or COUNTY directives CITY shall maintain such property, personnel, financial and other �_ records and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all AUTHORIZED PROJECT funds All CITY records , with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate Federal agencies CITY is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by COUNTY Director of ECD or his designee By the first of each month, CITY shall submit to ECD, a monthly status report on all active AUTHORIZED PROJECTS(S) and if applicable, program income generating activities (see Attachment D-3) 15 MONITORING ECD Director or his designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS Monitoring will focus on the extent to which the COMMUNITY DEVELOPMENT PLAN has been implemented and measurable goals achieved, effectiveness of project management, and impact of the AUTHORIZED PROJECTS Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by CITY under this Agreement Facilities include all files, records , and other documents related to the performance of this Agreement CITY will permit on- site inspection by COUNTY, and HUD representatives, and insure that its employees furnish such information, as in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness , legality, and achievements of the program 16 ACCOUNTING CITY must establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles and standards 17 AUDITS CITY is required to arrange for an independent financial and compliance audit annually for each fiscal year during which Federal funds are received under this Agreement as required by Circular A-128 pursuant to the Single Audit Act of 1984, Public Law 98-502 The results of the single audit must be submitted to COUNTY within thirty (30) days of completion Within thirty (30) days of the submittal of said audit report, CITY shall provide a written response to all conditions or findings reported in said audit report The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency All condition or finding correction actions shall take place within six (6) months after ECD's receipt of the audit report An audit may also be conducted by Federal, State or local funding source agencies as part of the COUNTY's audit responsibilities COUNTY and its authorized representatives shall, at all times , have access for the purpose of audit or inspection to any and all 5 books, documents, papers , records, property, and premises of CITY CITY's staff will cooperate fully with authorized auditors when they conduct audits and examinations of CITY's program If indications of misappropriation or misapplication of the funds of this Agreement cause COUNTY to require a special audit, the cost of the audit will be encumbered and deducted from funds allocated to CITY CDBG AUTHORIZED PROJECTS Should COUNTY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to said CDBG AUTHORIZED PROJECT allocations Should the special audit confirm misappropriation or misapplication of funds, CITY shall reimburse COUNTY the amount of misappropriation or misapplication from non- CDBG funding sources 18 REVERSION OF ASSETS Upon Agreement termination CITY shall transfer to COUNTY all CDBG funds on-hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under this Agreement must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Agreement, or such longer period of time as determined by COUNTY, or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property 19 TERMINATION AND TERMINATION COSTS This Agreement may be terminated in whole or in part at any time by either party upon giving their (30) days notice in writing to the other party An agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of Federal Regulations at 24 CFR Part 85 44, Termination for Convenience COUNTY ECD is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity or if for any reason the timely completion of the work under this Agreement is rendered improbable, infeasible or impossible If CITY materially fails to comply with any term of this Agreement, COUNTY may take one or more of the actions provided under the Federal Regulation at 24 CFR Part 85 43, Enforcement, which include temporarily withholding cash, disallowing non-compliant costs, wholly or partly terminating the award, withholding future awards , and other remedies that are legally available In such event, CITY shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD 20 PROJECT ACKNOWLEDGEMENT Should CITY determine that the funding sources or the names of responsible public officials be displayed on a completed building or significant project, such identification should be acknowledged on a plaque, permanently mounted in an appropriate location, made of bronze or other appropriate material, acknowledging the funding source as the Department of Housing and Urban Development, San Bernardino County Community Development Block Grant The current Board of Supervisors and the members of the City Council shall also be identified In instances where multiple funding sources 6 are utilized to construct a project, all funding sources shall be identified The listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first, the second largest dollar amount second, etc 21 CONTRACT COMPLIANCE CITY will take all necessary affirmative steps to assure that minority firms , women's business enterprises , and labor surplus area firms are used when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 85 36(e) CITY agrees that the San Bernardino County Minority and Women Owned Business Enterprise Participation form (Attachment E) shall be completed for all AUTHORIZED PROJECTS San Bernardino County has a goal of 15 percent minority business enterprise (MBE) and 5 percent women business enterprise (WBE) participation for all contracts CITY agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto CITY shall comply with Executive Orders 11246, 11375, 11625 , 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the San Bernardino County M/WBE Policy No 11-15 , and other applicable Federal, State and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted Information on these rules and regulations may be obtained from the Contract Compliance Officer of the County of San Bernardino at (714) 387-8894 22 AFFIRMATIVE ACTION CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women In addition, CITY shall make every effort to employ residents of the area and shall keep a record of CITY staff positions that have been funded directly by or as a result of this program 23 DISCRIMINATION During the performance of this Agreement, CITY agrees not to discriminate against any contractor or applicant for employment in performing work because of race, color, religion, sex or national origin CITY further agrees to take affirmative action to ensure that its contractors employ and treat all employees during employment without regard to their race, color, religion, sex or national origin Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay off or termination, etc CITY will cause contractor to comply with the provisions of Executive Order 11246 of September 24, 1965 , and the rules , regulations , and relevant orders of the Secretary of Labor CITY shall require its contractor to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause 24 STANDARDS OF CONDUCT Pursuant to Office of Management and Budget Circular A- 110 Attachment 0 and 24 CFR 570 611, Conflict of Interest, and 24 CFR Part 85 36 , Procurement, CITY shall maintain a written code or standards of conduct which shall govern the performance of their officers , employees or agents engaged in the award and administration of contracts supported by Federal funds No employee, officer or agent of the CITY shall participate in 7 selection, award, or administration of a contract supported by Federal funds if a conflict of interest, , real or apparent, would be involved Such a conflict would arise when a The employee, officer or agent, b Any member of his immediate family, c His or her partner, or d An organization which employs, or is about to employ, any of the above, has financial or other interest in the firm selected for award The CITY's officers , employees or agents shall neither solicit nor accept gratuities , favors or anything of monetary value from contractors, potential contractors , or parties to subagreements CITY may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value To the extent permitted by State or local law or regulations , such standards of conduct shall provide for penalties , sanctions , or other disciplinary actions for violations of such standards by the CITY's officers, employees, or agents , or by contractors or their agents 25 RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CITY agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement Funds under this Agreement will be used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any religious or political activities 26 HOLD HARMLESS CITY shall indemnify and hold the COUNTY, its officers , agents , volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from activities of CITY, its officers, agents , volunteers and employees, and, CITY shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against COUNTY, its officers, agents and employees , on any liability, claim or demand and satisfy and judgement that may be rendered against any of them arising or resulting from activities of CITY, its officers , agents and employees CITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Agreement and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness or disease arising out of the provision of services CITY, however, is obligated to promptly notify COUNTY in writing of the occurrence of any such loss or damage CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands , and actions incurred by COUNTY as a result of the determination by the United States Department of Housing and Urban Development or its successor that activities undertaken by CITY under the program or programs fail to comply with any laws , regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended 8 Consistent with all other provisions of this Agreement, COUNTY shall, at its own cost and expense, defend, indemnify, and hold the CITY, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from activities by COUNTY, its officers , agents and employees 27 INDEMNIFICATION AND INSURANCE In order to accomplish the indemnification provision of Section 26 , Hold Harmless, but without limiting the indemnification, contractor(s) and sub-contractor(s) obtained by CITY for activities covered under the terms of this Agreement, shall secure and maintain throughout the term of their contract with CITY, the following types of insurance with limits as shown - Workers' Compensation - A program of workers' compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer' s Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement - Comprehensive General and Automobile Liability Insurance - this coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) The contractor shall furnish certificates of insurance and certified copies of all policies and endorsements to CITY and ECD evidencing the insurance coverage above required prior to the commencement of performance of services, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the CITY and ECD, and shall maintain such insurance from the time contractor commences performance of services hereunder until the completion of such services In the event of any damage or destruction to facilities funded in whole or in part by CDBG funds, CITY shall use the entire insurance proceeds to restore said facilities All policies with respect to the insurance coverage required above, except for Workers' Compensation insurance coverage, shall contain additional endorsements naming COUNTY, and their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder The Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against ECD and COUNTY, their officers, volunteers, employees , contractors and subcontractors All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the CITY or COUNTY 28 ATTORNEY'S FEES If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled 9 29 AMENDMENTS VARIATIONS This writing with attachments, embodies the whole of this Agreement of the parties hereto There are no oral agreements not contained herein Except as herein provided, additional or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties Failure by any party to enforce any provision(s) of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) thereafter 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above "COUNTY" "CITY" COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE BY BY CHAIRMAN, BOARD OF SUPERVISORS TITLE DATED DATED SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SPROAT, Clerk of the Board of Supervisors of the County of San Bernardino BY Deputy APPROVED AS TO FORM APPROVED AS TO FORM ALAN K MARKS, OFFICE OF CITY ATTORNEY COUNTY COUNSEL r BY BY Deput Co nt Counsel DATED MY 1 mil DATED RECOMMENDED AS TO CONTENT RECOMMENDED AS TO CONTENT County Administrative Officer City Manager DATED DATED AGMTS/DELAGNCY MER 5/16/91/BT/jj 11 DATE June 6 , 1991 S T A FF REPORT CRA ITEM ( ) COUNCIL ITEM ( xx) MEETING DATE June 13 , 1991 *_ SUBJECT CONSIDERATION OF EXEMPTIONS FROM RECYCLING FUNDING REQUIRED NO FUNDING REQUIRED Effective July 1, 1991, the City will implement a Curbside Recycling Program through our agreement with BFI/Loma Linda Disposal Company. This program will consist of a single-bin system, with no sorting required by the homeowner , and pickup of the recycling bin every other week. The agreement with BFI includes the possibility of exemption from recycling, if the homeowner independently recycles all the commodities currently collected by our curbside recycling program and that proof of the recycling can be provided. The City has received four requests for exemptions from recycling , along with proof that they are recycling all of the items that would be picked up through our curbside recycling. Should Council wish to see these requests with explanations , copies have been placed in the Council ' s reading box. Staff is asking that the following four requests be considered for exemption as follows 1. Mr. and Mrs. Theodore Mueller 22608 La Paix 2 Mr. and Mrs . Barry L. Dobler 12635 Warbler Ave. 3. Ms. Margaret Van Arsdale 11815 Arliss Way 4. Mr. Walter C. Harford 11825 Arliss Way COUNCIL AGENDA ITEM# 3 3- STAFF REPORT -- CONSIDERATION OF EXEMPTIONS FROM RECYCLING Page Two STAFF RECOMMENDS THAT COUNCIL APPROVE THE ABOVE REQUESTS FOR EXEMPTION FROM CURBSIDE RECYCLING, DUE TO THEIR RECYCLING EFFORTS ON THEIR OWN IMPLEMENTATION. BT c►Tk o�r Planning GIZMO TERRfi.0` Department 1717 M.E111ww TO City Council FROM Maria C Muett, Acting Community Development Director DATE June 13, 1991 SUBJECT Staff Report File No TTM-90-03 and E-90-09 An application for recommendation of approval to the City Council of Tentative Tract Map 13664 (a six parcel subdivision, Phases I and II) and Environmental Review of proposed project APPLICANT L A Wamscott and Associates, Inc Property Owners James Brian Harber and Robert Womack Harber LOCATION Van Buren Avenue (APN# 277-091-63/64) ***************************************************** ENVIRONMENTAL REVIEW A Negative Declaration has been prepared for this project and is attached as Attachment A's Exhibit B ZONING AND LANDUSE PROPERTY LOCATION GP ZONING LAND USE Subject Property GC CM Two vacant structures To the North GC CM Storage/Shed COUNCIL AGENDA ITEM. L a 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 PROPERTY LOCATION GP ZONING LAND USE To the South I MR Industrial Park To the West GC CM Vacant To the East GC CM Single Family Residence DISCUSSION On April 29, 1991 the Planning Department accepted a final application and revised project from L A. Wamscott and Associates for a 6 lot commercial subdivision to be located on Van Buren Avenue (APN# 277-091-63/64) The application was approved by the Planning Commission on May 16, 1991, refer to the appropriate minutes and resolution (Attachment B) The subject property, consisting of two parcels, is located on the north side of Van Buren Avenue It is approximately a total of 8 8 acres This property is zoned CM for commercial/hght manufacturing uses The minimum lot area for development is 10,000 square feet The applicant is proposing to develop a commercial subdivision by phases The existing lot is split into six parcels as follows Phase One 202,142 square feet Parcel 1 10 acre (43,560 square feet) Parcel 2 13 acre (58,080 square feet) Parcel 3 0 9 acre (39,204 square feet) Parcel 4 0 8 acre (34,848 square feet) Parcel 5 0 6 acre (26,450 square feet) Phase Two Remainder Parcel 4 2 acre (182,952 square feet) It is presently developed with two vacant accessory structures All of the existing structures are to be removed under the current proposal REVIEWING AGENCY COMMENTS The following responses have been received from the City's Reviewing Agencies Engineering/Building and Safety The City Engineer's Department's recommendations are included in their Memorandum dated April 29, 1991 (Attachment A's Exhibit C) Forestry and Fire Warden Department The San Bernardino County Fire Department's comments are included in their Memorandum to the City dated May 8, 1991 (Attachment A's Exhibit D) Riverside Highland Water Co The Riverside Highland Water Company's comments are included in their memorandum dated May 7, 1991 (Attachment A's Exhibit E) State of California - Department of Transportation The State of California - Department of Transportation's recommendations in their memorandum dated November 27, 1990 (Attachment A's Exhibit F) County of San Bernardino - Office of Special Districts The County of San Bernardino - Office of Special Districts in their letter to the City dated dated May 6, 1991 (Attachment A's Exhibit G) Riverside-Corona Resource Conservation District The Riverside-Corona Resource Conservation District in their letter to the City dated November 27, 1990 (Attachment A's Exhibit G) State of California, Department of Transportation The State of Califorma - Department of Transportation in their letter to the City dated November 27, 1990 (Attachment A's Exhibit H) City of Riverside - Public Utilities Department The City of Riverside -Public Utilities Department in their letter to the City dated May 13, 1991 (Attachment A's Exhibit I) Conditions of Approval for TTM-90-03 The Planning Department recommends the following conditions of approval 1 An overall design program shall be approved by the Site and Architectural Review Board prior to issuance of building permits for any parcel within the Parcel Map Such program shall include but not be limited to * Minimum architectural design guidelines for the construction of commercial and office structures * Location of buildable pads for each individual lot, and * Minimum landscaping and property maintenance requirements, and * Parking and access layout, and * Reciprocal access between individual parcels 2 The approval of this parcel map is for the proposed subdivision, Phase I, illustrated on the map This does not represent current or future approval of the referenced proposed remainder parcel, Phase II In accordance with the Subdivision Map Act, the remainder parcel shall require the filing of a tentative parcel map An additional overall design program shall be approved by the Site and Architectural Review Board for the development of the remainder parcel, Phase II 3 All recommendations from the City Engineer/Building and Safety Department in their memorandum to the City dated April 29, 1991 (Exhibit C) 4 All recommendations from the San Bernardino County, Fire Warden's Department, in their memorandum to the City dated May 8, 1991 (Exhibit D) 5 All recommendations from the Riverside Highland Water Company in their memorandum to the City dated May 7, 1991 (Exhibit E) 6 All recommendations from the Riverside-Corona Office of Special Districts in their memorandum to the City dated May 6, 1991 (Exhibit F) 7 All recommendations from the Riverside-Corona Resource Conservation District in their memorandum to the City dated November 27, 1990 (Exhibit G) 8 All recommendations from the State of California, Department of Transportation in their memorandum to the City dated November 27, 1990 (Exhibit H) 9 All recommendations from the City of Riverside, Public Utilities Department, in their memorandum to the City dated May 13, 1991 (Exhibit I) 10 The Commerce Way dedication shall be made as a condition of the parcel map as recommended by the City Engineer however the City shall enter into a deferral agreement with respect to the construction of Commerce Way improvements until such time as the remainder parcel develops or Commerce Way is developed, whichever occurs first, as recommended by the City Engineer RECOMMENDATIONS The Planning Department recommends the City Council adopt the attached resolution approving TTM-90-03 and the associated Negative Declaration E-90-09 (Exhibit B) subject to the conditions contained therein (Attachment A) Respectfully Submitted, Maria C Muett, Acting Community Development Director RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING TTM-90-03, (TENTATIVE TRACT MAP 13664) AND ITS ASSOCIATED NEGATIVE DECLARATION (E-90-09) WHEREAS, the Applicant, L A Wainscott and Associates/Property Owners James Bnan Harber and Robert Womack Harber, have applied for approval of TTM-90-03 (Exhibit A), a tentative tract map 13664, subdividing 8 7 acres into 5 lots in Phase I, in the Commercial Manufacturing Zone located on Van Buren Avenue(APN#277-091-63/64), and WHEREAS, a Negative Declaration(E-90-09) has been prepared for this project per Article 6 of the Califorma Environmental Quality Act (Exhibit B) and said Negative Declaration has been considered by the Planning Commission per Section 15074(a) of the California Environmental Quality Act, and WHEREAS, a properly noticed public hearing was held by the Planning Commission on May 16, 1991, regarding this application, and WHEREAS, the Planning Commission recommended approval to the City Council of TTM-90-03 and its associated Negative Declaration (E-90-09) subject to the conditions contained herein, and WHEREAS, a properly noticed public hearing was held by the City Council on June 13, 1991, regarding this application NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, California, that the following findings are made in relation to TTM-90-03 and E-90- 09 1 That the site is physically suitable for the proposed type of development, 2 That the site is physically suitable for the proposed density of development, 3 That the design of the subdivision (Phase I) and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, ATTACHMENT A 4 That the design of the subdivision (Phase I) or type of proposed improvements are not likely to cause serious public health problems or cause threat to life and property from a wildland conflagration, 5 That the proposed subdivision (Phase I) together with the provisions for its design and improvements are consistent with the General Plan 6 That the proposed subdivision (Phase I), its design and density conform to the conditions imposed by this chapter, the regulations of the Development Code, . , and the regulations of the City of Grand Terrace, NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Grand Terrace, California, that TTM-90-03 (Exhibit A) and the aforementioned Negative Declaration (E-90-09 Exhibit B) are hereby approved subject to the following conditions 1 An overall design program shall be approved by the Site and Architectural Review Board prior to issuance of building permits for any parcel within the Parcel Map Such program shall include but not be limited to * Mimmum architectural design guidelines for the construction of commercial and office structures * Location of buildable pads for each individual lot, and * Minimum landscaping and property maintenance requirements, and * Parking and access layout, and * Reciprocal access between individual parcels 2 The approval of this parcel map is for the proposed subdivision, Phase I, illustrated on the map This does not represent current or future approval of the referenced proposed remainder parcel, Phase II In accordance with the Subdivision Map Act, the remainder parcel shall require the filing of a tentative parcel map An additional overall design program shall be approved by the Site and Architectural Review Board for the development of the remainder parcel, Phase II 3 All recommendations from the City Engineer/Building and Safety Department in their memorandum to the City dated April 29, 1991 (Exhibit C) 4 All recommendations from the San Bernardino County, Fire Warden's Department, in their memorandum to the City dated May 8, 1991 (Exhibit D) 5 All recommendations from the Riverside Highland Water in their memorandum to the City dated May 7, 1991 (Exhibit E) 6 All recommendations from the San Bernardino County Office of Specific Districts in their memorandum to the City dated May 6, 1991 (Exhibit F) 7 All recommendations from the Riverside-Corona Resource Conservation District in their memorandum to the City dated November 27, 1990 (Exhibit G) 8 All recommendations from the State of Cahforrua Department of Transportation in their memorandum to the City dated November 27, 1990 (Exhibit H) 9 All recommendations from the City of Riverside, Public Utilities Department, in their memorandum to the City dated May 13, 1991 (Exhibit I) 10 The Commerce Way dedication shall be made as a condition of the parcel map as recommended by the City Engineer however the City shall enter into a deferral agreement with respect to the construction of Commerce Way improvements until such time as the remainder parcel develops or Commerce Way is developed, whichever occurs first, as recommended by the City Engineer PASSED AND ADOPTED by the City Council of the City of Grand Terrace, Cahforma, at a regular meeting held the 13th day of June, 1991 A 1"1'EST Deputy City Clerk of the City of Mayor of the City of Grand Terrace and of the Grand Terrace and of the City Council thereof City Council thereof I,Brenda Stanfill, Deputy City Clerk of the City of Grand Terrace, hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of June, 1991, by the following vote AYES NOES ABSENT ABSTAIN Deputy City Clerk APPROVED AS TO FORM John Harper, City Attorney l / f 1 It -I 'r SHEET I OF 1 f TEN TA T/ VE 277-091-45 I 277-091-23 I 277-091-24 PARCEL MAP 13661 L Jr i '22 / I M ?I. i C J\1� IN 77-E CI TY Oa GRAND TERRACE A RESLB'7 NS/ON/OF PARCEL MAP 9666 AS RELL..-.W IN SCCIe 106 \ PAGE'S 40 6 49 CF PARCEL MAPS, OF RECORDS CF 77,E CCWTY CF SAN BERNARd/0, STATE CF CALIFORNIA i \ i1 I�� \ \� L A WAINSCOTT 6 ASStcJA TES INC MA Y/99/ \ Y \\ ' \\ \\ -\ N \ leer eARTLW ROAD 1 \\ ORAAO T-ARACC LALFQtMA /nlJelldTTa 2 - /O�S��. \ \ zQN/NQ (JWNEq./a sUBDI VlOEA yE "/r�`l"�,"/^^` l/�' .X/aT7nK zcWiN4 Cm JAWS"na CA Arn t \ �� -- - \ \ \ \ L NJ � y G NA/MICR AoNT TLrwHT, _ataLou.ti serauela ..,An TAIRACT CAL,/ Lwan. ez/a -fZ si \07 At \ \ I /7�vT-g Tw Town N MNN �� . .6 cta404 -o J� / wo pr� \ nr \° /m` �7-0,R o b7vra nrEErr j/ O!// fAef.LAF 1 — — ___ L.A WNAOCOTT t AIDWAT/S/AC 79 LW?'cl� — — r�r- \ n..r.ti.MN ROAD m�. 7FlPACI \ \ \ F LOT �� "TN.,AD CV/R ��. w tw-rm 277-091-61 n -' ; , \ k.� ' , ' I \ I J r J�/� tROfCf3 p� 1 \ u77L/nFs J' J ., ,,�.,F. I`per Jam I.f n/CMc,eaJna,n,CAUfO.,A msw CO Lo rJ \ --_2— 91-8 I S 'SAG\ \ , N�C 975 /WAroRAVA ann J / l I ra IS. L^ Q �` 1/N /Chit i i>�°..mi r•0fl0 BZL Tru.+oE J iadi VAN^UTS•CALIR RUM ;� �Q�� s I�/j J O 61 I Q J rnu m-ren • ',I/ 7. OAS eaJrrdTJ CAUFDavA dAs m 1\/� I % v6/ • /� 1/� 1 C� r C CAVAAarm C I / CV // ________I i '/ C� rnu em-am )1.LI / ZI — ore i RI su.rCN A.LIVACI KO ae r q'lv/r�I .J�f '�15 ,/ •r �F liif. l ell.•SA-OSIO ouAo r v cAu. .,r �, I ,► -r ? Zr r f / r � r �g wArn. w�i*eros,+u-�A^o wArm Co r HO,a w.wAo1OJ Y�r cKFfJP ( P! 'I I ,` / t/ ,f N I - 1111- fn.�izo�R Mi. AtY7FAT,LN/\ \\\ \ F I ,,/' ,r I 'I'' \ \� \ 2 21 0 m O I TYncx sec7wNti�or�eorac 55 oo s1a u.q.ra/m ..,,w ro 1 /I D /�� ,1h m I �rR>✓n�>U7m h �..• Q. w.='_ ' 444t.7-ff- it ' rr'I IV 4 CI) I f1��S�1M �'I 'fir'" R::...r Z� I r�l .z �i a SPRY"T '. VAL A 1-7;;-• kilp • 7`"� - -- a r Jail I' ... ..��_ 1 rn �It._s. • �- �M �l 111�� VAN BU/tEMa7- VA.,.,s.tT 1 1 —�-^ _ �!! Y•fr .-L"I r Teal E* �.... _nnolc eec wrct a n co o a e�,a5 a.rr. �� s.f-- Nrs .- VAN ,_J p��pG— ' ter ld A'' 1�77fl'S L6 JiO V/C/MTY MAP �H I L V!'VV u6I(\r-f,r S(� J .�� w0/CATIe fF 44f Ai't J�/� T� I L J�I� I j' 'j — e�WAJa.vr cJ�E 2/7-'101-81 � - 277-101�83 cy,, W/'""`�ET� 277-J01-11} 277-101-E01 F IG)</apAJ9 LoMM (eAgMl.Cewlete /l/.RV'AI.Y Rt4fv.NJ7:7"A27.e]v CO A < �J-.;�,pL , VD r OrlO4�i~,AR?Fitt-(O RW+Y/ . ' I c�rr �� o � Planning cigiND rertiic; Department NOTICE OF FILING NEGATIVE DECLARATION Pursuant to the California Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a sigmficant effect on the environment DESCRIPTION OF THE PROJECT TPM-90-03, a Tentative Tract Map 13664, and E-90-09 (Environmental Review)subdividing 8 7 acres into 6 commercial lots for commercial and light industrial uses This project is within the General Plan's Commercial/Light Industrial Zone APPLICANT. L.A. Wainscott and Associates, Inc Owner - Harber Companies/Brian Harber LOCATION: Van Buren Avenue APN# 277-091-63/64 ***************************************************************************** Copies of the Negative Declaration and Initial Study for this project are available for review at the City of Grand Terrace Planning Department, 22795 Barton Road, Grand Terrace (714-824-6621) Anyone wishmg to comment on this project may do so prior to May 28, 1991. All comments should be directed to the Planning Departmewnt ?2,4t-..<„ ii?„,4z- v-30-7/ Maria C Muett, Date Acting Community Development Director City of Grand Terrace EXHIBIT B 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 9 ' �_- � - . Planning GRAND 1ERRAC' Department . ' I • °a:. y.v .040. • NEGATIVE DECLARATION Pursuant to the Cahforma Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment DESCRIPTION OF THE PROJECT TPM-90-03,a Tentative Tract Map 13664,and E-90-09(Environmental Review) subdividing 8 7 acres into 6 commercial lots for commercial and light industrial uses This project is within the General Plan's Commercial/Light Industrial Zone APPLICANT L A. Wainscott and Associates, Inc Owner - Harber Companies/Brian Harber LOCATION. Van Buren Avenue APN# 277-091-63/64 FINDING OF NO SIGNIFICANT EFFECT Based upon the attached Initial Study, there is no substantial evidence that the project will have a sigmficant effect on the environment )-) .44i.4_ a.-pfr.e4,--- 14-20 —?, Maria C Muett Date Acting Community Development Director City of Grand Terrace 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY I Background 1 Name of Proponent City of Grand Terrace 2 Address and Phone Number of Proponent City of Grand Terrace 22795 Barton Road, Grand Terrace, CA 92324-5295 Attention David Sawyer, Planning Director 3 Date of Environmental Assessment 4 Agency Requiring Assessment City of Grand Terrace Z. A cciAiiise2572;— /de 5 Name of Proposal, if applicable f/ARsER Cof-1PANcE's 16--D 3/�- 6 Location of Proposal VAettur Lcr ON VA Ai BUREN (APN# 77 6 /0 3) a277-09/--6640 II Environmental Impacts (Explanations of all "yes" and "maybe" answers are provided on attached sheets ) Yes Maybe No 1 . Earth Will the proposal result in a Unstable earth conditions or in changes in geologic substructures? b Disruptions, displacements, compac- tion or overcovering of the soil? X c Substantial change in topography or ground surface relief features? x d The destruction, covering or modi- fication of any unique geologic or physical features' J( e Any substantial increase in wind or water erosion of soils, either on or \ , or off site7 �(, Yes Maybe No f Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake7 g Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? _ /\ 2 Air Will the proposal result in a Substantial air emissions or deterior- ation of ambient air quality? — X b The creation of objectionable odors? _ x c Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally' — X 3 Water Will the proposal result in a Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? b Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X c Alterations to the course or flow X • of flood waters d Change in the amount of surface water in any water body7 — X e Discharge into surface waters, or in any alteration of surface water qual- ity, including, but not limited to, temperature, dissolved oxygen or turbidity? f Alteration of the direction or rate of flow of ground waters? Yes Maybe No g Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through inter- ception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i Exposure of people or property to water related hazards such as flood- ing or tidal waves? X 4 Plant Life Will the proposal result in a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? >( b Reduction of the numbers of any unique, rare, or endangered species \� of plants? 1� c. Introduction of new species of plants , , into an area of native vegetation, or in a barrier to the normal replenish- ment of existing species? X d. Substantial reduction in acreage of any agricultural crop? n 5 Animal Life Will the proposal result in a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? b Reduction of the numbers of any unique, rare or endangered species of animals? c Deterioration to ex►sting fish or Wildlife habitat? �( Yes Maybe No 6 Noise Will the proposal result in a Increases in existing noise levels? b Exposure of people to severe noise levels? X 7 Light and Glare Will the proposal produce substantial new light or glare? X 8 Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X 9 Natural Resources. Will the proposal result in a. Substantial increase in the rate of use of any natural resources? �( b Substantial depletion of any non- renewable natural resource? 10 Risk of Upset Will the proposal involve a A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b Possible interference with an emerg- ency response plan or an emergency evacuation plan? �( 11 Population Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 12 Housing Will the proposal affect existing housing or create a demand for additional housing? X 13 Transportation/Circulation Will the pro- proposal result in a Generation of substantial additional vehicular movement' Yes Maybe No b Effects on existing parking facili- ties, or demand for new parking? X c Substantial impact upon existing transportation systems? d Alterations to present patterns of circulation or movement of people and/or goods7 x e Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14 Public Services Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas a Fire protection. b Police protection' X c Schools? d Parks or other recreational faci- lities" x e Maintenance of public facilities, including roads' X f Other governmental services. X 15 Energy Will the proposal result in a Use of substantial amounts of fuel or energy? b Substantial increase in demand upon existing sources of energy, or re- quire the development of new sources of energy? 16 Utilities Will the proposal result in a need for new systems, or substantial alterations to the following utilities a Power or natural gas7 y q«3s7- •`f •:i i•pia•� :�., .....r:L�` �V i��±1v,:wT_ �i'•'? �l::ii, ._n..S 4 =� Yes Maybe No b Communications systems' c Water' d Sewer or septic tanks? X e Storm water drainage' X f Solid waste and disposal' 17 Human Health Will the proposal result in - a Creation of any health hazard or potential health hazard (excluding mental health)7 b Exposure of people to potential health hazards' ?� 18 Aesthetics Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to \� public view" _ /( 19 Recreation Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? _ �( 20 Cultural Resources a Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeo- logical site" b Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object' _ c Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values' s�v�zmn.y�,��— sue--�—•- �— - ._�� — - Yes Maybe No d Will the proposal restrict existing religious or sacred uses within the potential impact area? 21 Mandatory Findings of Significance a Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history X or prehistory b Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environ- mental goals? (A short-term impact on the environment is one which oc- curs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are individually limited, but cumu- latively considerable (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant ) d Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly' x ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared -- I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect in this case because the mitigation measures described on attached sheets have been added to the project A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required Planning D.uector Date Signa For City of Grand Terrace HI DISCUSSION OF THE ENVIRONMENTAL EVALUATION 1 b, c 3 b The development of this currently vacant site will result in the overcovermg of a certain percentage of the soil This impact will be mitigated by utilizing proper drainage methods which will be reviewed and approved by the Building and Engineering Department. 6 a The existing noise levels may increase as a result of the development of commercial/fight industrial uses m an area that is currently vacant This impact will be within the allowable levels as set in the Master Environmental Analysis for the General Plan. 7 The proposed project may produce new light or glare however this will be mitigated by directing the lighting away from any surrounding residential areas and compliance with the Grand Terrace Municipal Code Off-Street Parking Ordinance 13 a,b,f The future development of this site into a commercial/light industrial u,se will result in the increase of additional vehicular movement and may result in the demand for new parking There may also be an increase m traffic hazards to motor vehicles, bicyclists or pedestrians These hazards will be mitigated within the conditions adopted for this project. Also, these impacts will be within the Traffic Circulation Element of the Master Environmental Analysis for the General Plan c1Ty • or <"' , w 0 12-2 1074 GRRND TERR CE "'y.M.�„••'" MEMORANDUM 22795 Barton Road Grand Terrace TO Maria Muett, Acting Community Development Director California 92324-5295 FROM Joseph Kicak, City Engineer Civic Center (714) 824-6621 DATE April 29, 1991 SUBJECT Tentative Parcel Map 13664 Following recommendations should be considered as conditions of approval of the proposed Tentative Parcel Map Byron R Matteson 1 Commerce Way Mayor (a) Dedicate to provide for 44 foot half street plus 10 feet Hugh J Grant Mayor Pro Tempore (b) Install curb and gutter 32 feet from street centerline on east side Gene Carlstrom tonald M Chnstianson (c) Construct standard berm 10 feet west of centerline Herman Hilkey Council Members (d) Construct standard roadway between new curb and the berm ThomasJ Schwab 2 Van Buren Street City Manager (a) Install curb and gutter 20 feet from street centerline. (b) Construct standard roadway between new curb and street centerline 3 Street "A" (a) Dedicate to provide for 64 feet of right-of-way along with standard cul-de-sac at north end (b) Install curb and gutter at 20 feet from street centerline and standard location along the cul-de-sac (c) Construct standard roadway between new curbs 4 Structural sections of all streets shall be designed to TI=8 5 Construct standard sidewalk 6 Install ornamental street lights EXHIBIT C i Memorandum to Maria Muett April 29, 1991 Page 2 7 Provide hydrology study 8 Construct adequate drainage facilities 9 Install sanitary sewer to serve all lots r� 10 Show proof of paying off the sewer assessment or reapportion any outstanding bond amounts 11 Provide will serve letter from Riverside Highland Water Company 12 Provide Preliminary Soils and Geology Reports 13 Grading shall be completed on all phases, in conjunction with Phase I, in accordance with Chapter 70 of the U B C 14 Obtain storm run-off acceptance letter from property owners affected by development of this parcel 15 Pay all permit, inspection fees and capital improvement fund fees in effect at the time of recording _� 16 Coordinate with City of Riverside regarding the existing 42" diameter water line. Each sheet of plans having impact on this facility shall have provisions for approval by the City of Riverside as to protection of the 42" diameter line 17 All improvements shall be designed by owner's Civil Engineer to the specifications of the City JK/ct SAN BENMWINQ COuNTY ENVIRONMENTAL KJ:MAGEHEN i GROUP FACSIMILE NESSAGE •- COVER SHEET (Fax f (714) 387-3223) 1a: TIYX TO: FROM: DEPARTKENT U!NM CZ• 0 3 e) , f 1 a Nam.b�sr of. pages (wnc].Uc�.irg thispage) &PEC AL INSTRUCTIONS: /9- C3-11\Si1174- 01,v\--1-3_ WOLQ-; \rect, If you experience any problems in receiving this information am contact the operator whose name is noted below:r nPM n opo ator Prone .WPCjR.hP?I CATiONS . FAX.COVER.SHEET EXHIBIT D r ,wO E CRY AND FIRE WARDEN DEPARTMENT COUNTY OF SAN BErtNiARDIN, - Fira },%yot i:OR ria^nIng wvicss V Cou'; (loacrrrnera. Center OFFICE OF PUBLIC SAFET'r gig No A v &h Kd Aemnue F:rtt Floor e S r Urnardtrio, CA 92415 018-6 FLOYD TIDW .f Otrcctoc (714) 3$7-4212. 387-4213 \\\,1 ty►1��/ tx ,�.� : Y ,�- - �`T`� - EMERGENCY SERVICES Dat:. C- 2 - 9 1 To aCie96 --V-0-.1 t01,01-0-5).---- The following circled conditions apply to your project. Piro Department Reference Number: 0k M ` _ ` O 43 F-1 The above referenced project is protected by the San 0 Pernardi.no County Forestry and V re Warden Department. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current Fire Protection requirements . F-2 All neNa construction shall comply with the existing uniform Fire Code Requirements and all applicable statues, codes, ordinances, or standards of the Fire Department. F--3 The street address shall be posted with a minimum of four (4) inch numbers, visible from the street and during the hours of darkness the numbers shall ba low voltage in'ternally electrically illuminated. Posted numbers shall contrast with their background aria be legible from the street in accordance with the Uniform Fire Code. Where building set backs exceed 100 feet from the roadway, additional contrasting four ( 4) inch numbers shall be displayed at the property access entrance. I"-d Prior to final inspection or occupancy each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester as iderIt.ified in the Uniform FirQ Cade. 0 Prior' to any construction occurring, all flammable vegetation shall be removed from each building site a minimum distance of thirty ( 30) feet from any flammable building material, including a finished structure. F-6 Prior to final inspection or occupancy the development and each phase thereof shall have two ( 21 points of vehicular sac ee for fine and other emergency eu1.4i pmont and for roLtes of escape wh fen Y'z 11 sfely handle evacuations a5 required in the development code. F-7 Prior. to final inspection or occupancy, private ro;'days which exceed one-hundred and fifty ( 150) feet in length shall be approved by the Fire Department having jurisdiction, and shall be extended to witni.n one hundred and fifty ( 150) feet of, and shall give reasonable access to all portions of the exterior walls of the first story of any building An access road stall be provided -within fifty ( 50 ) feet of all buildings if the natural grade betwee*r the accees road and the building is in excess of thirty percent ( 30) . Where the access roadway cannot be prodded . an approved fire protection system or systems shall be provided, as required and approved by the Fire Department. F-8 Prior to final inspection or occupancy a turn-around shall be provided at the end of each roadway, one- hundred and fifty ( 150) feet or more in lengtn and shall be approved by the Fire Department. Cul-de-sac lengtn shall not exceed six-hundred ( 600) feet except as icentifled in the development code and approved by the chief. F-9 Private road maintenance, including but not limited to grading and snow removal, shall be provided for prior to recordation. or approval. Written documentation shall be submitted to the Fire Department having jurisdiction. Private fire access roads shall provide an all weather surface with minimum paving width of twenty ( 20) feet. F-10 Water eystems designed to moat the required fire flow of this development shall be approved by the Fire Department having jurisdiction. The developer shall furnish the Fire Department with two copies of the water system improvement plan for approval and a letter trori the Water Purveyor stating t:ho availability of the required fire flow prior to recordation. Water systems shall be operational and approved by the Fire Department prior to any construction occurring. The required fire flow shall be determined by appropriate ca?culatrions, using the San aer'rea.rdino County "Guide 12E 1112D termination of Required Fire Flow." In areas without water-serving utilities, the 'lire proteCti' on water system shall be based on NFPA pamphlet number 1231 and Uniform firm Code requirements. c-RattAlLyt.k4 C------ Covt) At 6o0tA r--?0 MS-IL3 THROUGH SLS hater Systems deeigned to meet the required fire flow shall be operational and approved ny the Fire Department ptlor to any construction occurring The required fire flow Thall be determined by appropriate calculations, asittq the San Bernardino County "Guide For Tne Determination of Required Fire Flow", In dreas without water-sTr i,ng utilities or fire protection water serving utilities, the fire protection water system shall be based on N F P A Pamphlet Number 1231 and the San Bernardino County Uniform Fire Code . P-11 Prior to Building permits being issued approved fire hydrants and fire n drant pavement markArs shall be installed Fire hydrants shall be. 6" diameter with a minimum one 4" and one 2 1/2" connection. Tye hydrant and fire hydrant markers shall be approved by Fire Department. fire hydrant spacing shall be 300 feet with the exception of single family residential whicn may be increased to 600 feet maximum. F-12 Prior to final inspection or occupancy thin development shall comply wi to Fire Safety over lay conditions as adopted in County Ordinance Number 3341. The aevelopment is located in Fire Review Area, F-13 Prior to issuance of a building permit a fuel modification zone in compliance with county standard is required. F-14 Prior to final inspection or occupancy, an approved Fire Department key box is required. If automatic electric security gates are used an approved lock switch is required on each gate in lieu of tie box. Questions and/or comments may be directed to tt'e Fire Protection Planning Section; County Government Center, 385 North Arrowhead, 1st Floor, Sari Bernardino, California, 92415-0186; or pall (714) 387-4225. Thank you for your cooperation. sincerely, DWID J. DRISCOLL, Chief county Fire Warden By ;EitY47-4-9.-/ire Prctio laming Officer (eta037- 6 - 5\o ,,.^^ _6'1G <`11, ,t:$ ..• 1450 Washington Street • Colton, California 92324 • (714) 825-4128 May 7, 1991 MARIA C MUETT Acting Community Development Director City of Grand Terrace 22795 Barton Road Grand Terrace, cA 92324-5295 RE Negative Declaration TPM-90-03, TTM 13664 Harbor Companies/Brian Harbor Dear Ms Muett, Riverside Highland Water Company is concerned about section #16- Utilities Subsection C - Water Until such time that the San Bernardino Fire Marshall ' s office can review the specific building designs and useages and makes a determination of required fire flows, Section #16 C should be marked MAYBE. The water requirements can certainly be mitigated by water main design and reservoir capacity However, until the Fire Marshall has responded with required flows a water system cannot be designed and therefore, no street improvements should be considered Thank You Since y,,,') ene P Mc eans General Manager EPM/kb MAY 9 1B91 RECFW <E �� EXHIBIT � n,. 4, 0,5\ ..•" /CkCA�V ect • (�G1tGn !vi `U`r`}` `t1 l t) S2 41 A ,q\J z 14_ ) Vo(%t�}11I15i011 Jc: ' F A X BANS LTAL /� n Ti1� ' ! + Itv` � 4 J t ( 1 Q 9 l yy JT EG 14 J l� L f TO /'✓� � r4 Iva ► i /� \/ G Q - 1 -,n ! �� / t 1 t ✓ ( / Crry .�� FROM �,��- �yl c Fti l sx _5 (--4 L CQ II+CL'.JD:.NG TriIS FOr'tT4 TOTAL I:J.343ER OF PAGES, J b 3 _ v� - G -1-pm 1 � � I, 4— -T1m " qn DESCNIPTION OF DOCUMENT/LETTER TRJ SMIT.TED f 1 � , ram! C S /t° / t -� ✓.J r /� s 5 ' S t � �v cr r��r✓r 7i / THE T c�,I�SIC''+, NOTE IF ALL PAGES ARE NOT RECEIVE° OR THM PLEASE CALL (714) 825-4126 Tri4NK IOU (f) .2 750 e, TOTAL F t-11 r ) H.(C4v. OF SPECIAL, DISTRICTS �4 � ` ir i, r r.,CAPN"Y o C tir :r fi r,ro,(r ; i/ C%it ' / tfrr bt74C7 F '„- '` !i�u 6 .a -t .."�s, *. K.. sY ,,°A `� ,, r' 7 ---`1:- Z. � .e SL�°}MV..,.T'L .�i".cL''`et ai West F1Th $treat + San So-ttcrdilo, CA 32416-0450 6 1714) 337 Sn4.O ""ice V ti\' VERNON c KNDu CY. Tslocapier 4 (714) .3W 6988 ////(11t1`N\ rdo 1tr.,.• 4tirrir,tsttaW. J•trc� fot Specie: Dtotncta May 6, 1991 David R. Sawyer Community Development Director City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324-5295 RE: YOUR PILE NO. 'ZPM--S0-03, E-90--0 COUNTY SERVICE AREA 70, IMPROVEMENT ZONE fi, At SESSmENT DISTRICT NO. 1, ASSESSOR' S PARCEL NOB0 277-091-63 ?a1D 277-091-64, ASSESSMENT NOS. 21-060 Dear Mr. Sawyer: Our records indicate the above referenced project, as Yaentified by Assessor' s Parcel Nos. 277-091-63 and 277-091-64 , lies Thithin County Service Area 70 , Improvement Zone H, assessment District No. 1. The assessment lien pursuant to the improN,ement Bond Act of 1915 has been paid in full during the 30-day cash collection period for these parcels. Therefore, no assessment apportionment or assessment payoff will be required, pursuant to this act, for the proposed project. For more inforiation please contact Mark Von Wald at (714) 387-5829 . Very ty:l Yours, /'' t MARK VON WALD Staff Analyst Development Services Division Office of Special Districts a:grntrrce.mk2/5 EXHIBIT F Riverside-Corona ct. MI '7 Resource Conservation District �� 2023 CHICAGO AVENUE,B14 • RIVERSIDE,CALIFORNIA 92507 • PHONE(714)683-7691 COHSERv P�\o November 27, 1990 Dear David R Sawyer Ue acknowledoe receipt of the Preparation of an Environmental Impact rcport for Z4 90-03, E-90-09 in Riversiae County, California that was aodresseo to the USDA-Soil Conservation Service anc the Riversioe-Corona Resource Conservation District on November 27, 1990for review and comment. We have reviewed the above Notice of Preparation of an Environmental Impact Report and find that: 1 There are no controversial items in the report within the realm of the Soil Conservation Service's expertise and resconsibilities. a. We do not find any serious potential proolerns with soil erosion ano/or flooding within the project area. b. There is no Prime, State, Unique or Locally Important Farmland involved in the project area. c. We find no conflict with any SCS on-going or planned programs or projects 0 We find that the items listed below shoulo be reviewed by your committee: We do have a cancer with the amount and type of foreign materials deposited on site. For proper cartpaction mach of this material should be excavated. We see no proposed drainage system for runoff and would recommend a system be designed. We appreciate the opportunity to review ana comment on this proposed project. Sincerely, /� STAI��Y OOOLEY Vice-President EXHIBIT G STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 P O BOX 231 SAN BERNARDINO CALIFORNIA 92402 TDD (714) 383 4609 November 27, 1990 08-SBd-215-1.312 Mr. David R. Sawyer Community Development Director City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 RE' Tentative Parcel Map 90-03 , E-90-09 Dear Mr. Sawyer We have reviewed the above-referenced document and request consideration of the following comments. o It is recognized that there is considerable public concern about noise levels adjacent to heavily traveled highways. Land development, in order to be compatible with this concern, may require special noise attenuation measures. Development of this property should include any necessary noise attenuation. o Cumulative impacts on the Iowa Avenue and Barton Road Interchanges should be investigated further and mitigation measures must be considered to reduce peak and off peak vehicle trips. If you have any questions, please contact Tony Calvillo at (714) 383-6285 or FAX (714) 383-4936 Very truly y rs, HARVEY J. SAWYER Chief, Transportation Planning Branch B EXHIBIT H • CITY OFk.._.../ PUBLIC UTILITIES DEPARTMENT 3900 Main Street Riverside California 92.s22 WOUILA May 13, 1991 BILL D CARNAHAN Public Utilities Director City of Grand Terrace, Planning Dept. 22795 Barton Road Grand Terrace, CA 92324-5295 Attn Mr. David R Sawyer, Community Development Director Subject: Tentative Parcel Map 13664 - Subdivision of Two Parcels on Van Buren Street(APN-277-091-63 & 64) Refer. Your File No. TPN-90-03, E-90-09 Dear Mr Sawyer- We have reviewed the Tentative Parcel Map and Conceptual Grading Plan for the subject property The City of Riverside has an - existing 42-inch water transmission main located within a 30-foot wide easement running North-South along the West property line of this development. We have the following comments/requirements. 1 . ) The exact horizontal and vertical location/alignment of the 42-inch waterline shall be verified by the developer Coordinate potholing with Mr. Adrian Saint at 782-5428 2. ) Submit grading, street improvement, storm drain, and any other utility plans for new Commerce Way for our review and approval to ensure adequate cover and clearances are maintained. 3. ) Adequate drainage protection facilities are required where the proposed 20-foot wide drainage easement crosses our 30-foot easement. 4. ) The Remainder Parcel should be a numbered parcel(s) for the development shown on the Conceptual Grading Plan 5. ) Since the City of Riverside does not issue non- interference letters, an Easement Certificate for signature by the Director of Public Utilities of the City of Riverside is required on the Record Map. EXHIBIT I Should you have any questions or need additional information, please contact me at 782-5304 Sincerely, - Richard S. Dro Senior Engineer cc Brian Simpson grdterr ltr .1TN. ) • I Planning GRAND TERRf+c Department 11 _ %V ��tmew'wr TO Planning Commission FROM Mana C Muett, Acting Community Development Director DATE• May 7, 1991 APPLICANT: L A. Wainscott and Associates, Inc Property Owners James Brian Harber and Robert Womack Harber LOCATION• Van Buren Avenue (APN# 277-091-63/64) REQUEST TTM-90-03 and E-90-09, An application for recommendation of approval to the City Council of Tentative Tract Map 13664 (a six parcel subdivision, Phases I and II) and Environmental Review ZONING AND LANDUSE Property GP Zoning Landuse Subject Property GC CM Two vacant structures To the North GC CM Storage/Sheds To the South I MR Industrial Park To the West GC CM Vacant To the East GC CM Single family home ENVIRONMENTAL ANALYSIS• In accordance with the California Environmental Quality Act an initial environmental study of this project has been completed The tentative parcel map requires the issuance of a Negative Declaration, the Initial Study for this map is included as an Exhibit B of Attachment A. ATTACHMENT, B ITEM 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 , BACKGROUND The subject property, consisting of two parcels, is located on the north side of Van Buren Avenue, APN# 277-091-63/64, (see Exhibit A) and is approximately a total of 8 8 acres This property is zoned CM for commercial/light manufactunng uses The minimum lot area for development is 10,000 square feet The applicant is proposing to develop a commercial subdivision in phases The existing lot is split into six parcels as follows Phase One 202,142 square feet Parcel 1 10 acre (43,560 square feet) Parcel 2 13 acre (58,080 square feet) Parcel 3 0 9 acre (39,204 square feet) Parcel 4 0 8 acre (34,848 square feet) Parcel 5 0 6 acre (26,450 square feet) Phase Two Remainder Parcel 4 2 acre (182,952 square feet) On November 1, 1990, the applicant submitted a tentative parcel map for preliminary review It was originally intended to phase an eight lot commercial subdivision During the preliminary review concerns were expressed by staff as to development plans for phasing, phasing plan indicated on the map, inadequate street frontage for Lots 2 and 3, and lot line adjustments needed to reflect the required site development standards Staff at that time considered two alternatives to meet the City's concerns, either a Specific Plan or Master Development Plan The General Plan requirement for a Specific Plan is not applicable to this project since it is proposing only the subdivision of land and does not include the construction of structures at this time Staff felt that while this releases the necessity for a Specific Plan according to the text of the General Plan, an overall plan of design guidelines is necessary to ensure a quality and cohesive development of the area It was decided by the previous Community Development Director that a Master Development Plan would be adequate if it sufficiently reflected potential building configurations, square footage and site layout indicated parking and landscape areas as well as appropnate street frontages On January 8, 1991 the applicant submitted a Tentative Map and a Conceptual Development Plan with the revised concept of development to address the City's concerns The applicant is proposing to subdivide Phase I, and Phase II will be the remainder to be developed at a later time If the Conceptual Development Plan reflects the development of Phase I and II and the site plan is current, then based on that information this parcel meets the development standards of the City of Grand Terrace in relation to street frontage, minimum lot size, width, depth and setbacks However, if this is not the current site plan and does not truly reflect the intended phasing of development for each phase independently, then those items need to be clarified by the applicant The applicant has indicated that he may wish to develop a portion of Phase I and sell off the other parcels or lease the future buildings A tin shed and wood shed currently exist on the parcel The applicant intends to demolish those during the development phase The City Engineer will address any clarification needed for the phasing of a Tentative Map in accordance with the Subdivision Map Act REVIEWING AGENCY RECOMMENDATIONS• The following agencies responded with comments to our request for review as follows 1 City Engineer/Building and Safety Department in their memorandum to the City dated April 29, 1991 (Exhibit C), 2 San Bernardino County, Fire Warden's Department, in their memorandum to the City dated May 8, 1991 (Exhibit D) 3 Riverside Highland Water in their memorandum to the City dated May 7, 1991 (Exhibit E) 4 San Bernardino County, Office of Special Districts, in their memorandum to the City dated May 6, 1991 (Exhibit F) 5 Riverside-Corona Resource Conservation District in their memorandum to the City dated November 27, 1990 (Exhibit G) 6 State of California, Department of Transportation, in their memorandum to the City dated November 27, 1990 (Exhibit H) 7 City of Riverside, Public Utilities Department in their memorandum to the City dated May 13, 1991 (Exhibit I) CONDITIONS OF APPROVAL 1 An overall design program shall be approved by the Site and Architectural Review Board Such program shall include but not be limited to * Minimum architectural design guidelines for the construction of the commercial/office structures, and * Location of buildable pads for each individual lot, and * Minimum landscaping and property maintenance requirements, and * Parking and access layout 2 The approval of this Parcel Map does not represent current or future approval of the referenced proposed remainder parcel, Phase II This includes the proposed subdivision, Phase I, illustrated on this Map 3 City Engineer/Building and Safety Department in their memorandum to the City dated April 29, 1991 (Exhibit C), 4 San Bernardino County, Fire Warden's Department, in their memorandum to the City dated May 8, 1991 (Exhibit D) 5 Riverside Highland Water in their memorandum to the City dated May 7, 1991 (Exhibit E) 6 San Bernardino County, Office of Special Districts, in their memorandum to the City dated May 6, 1991 (Exhibit F) 7 Riverside-Corona Resource Conservation District in their memorandum to the City dated November 27, 1990 (Exhibit G) 8 State of Cahforma, Department of Transportation, m their memorandum to the City dated November 27, 1990 (Exhibit H) 7 City of Riverside, Public Utilities Department in their memorandum to the City dated May 13, 1991 (Exhibit I) RECOMMENDATION The Planning Department recommends the Planning Commission adopt the attached Resolution (Attachment A) recommending the City Council approve TPM-90-03/E-90-09 subject to the conditions contained therein Respectfully Submitted 4tf-A-4-w-i7/1/--4- 1 - Maria C Muett, Acting Community Development Director L A WAINSCOTT & ASSOCIATES,INC L A Al Wamscotl P E Jetlrey M Barnes John A Starner P E Rodney 0 Crampton P E Gary 0 Neal L S Keith S Dagoshno P E Trudy A Newman C F O Ronald K Fowler RG Larry L Popp Erick D Potter Ricardo T Ynostroza LS May 15, 1991 Ms. Maria C. Muett Acting Community De"el_.opment Director City of Grand Terrace 22795 Barton Road Grand Terrace, California 92324 Subject: Tentative Parcel Map 13664 Your Case No. TTM-90-03 and E-90-09 Dear Ms. Muett: The above item is scheduled for Planning Commission Hearing on Thursday, May 16, 1991. For this hearing, we would like to have this letter made a part of the record and that we be allowed to discuss the items with the Planning Commission. Regarding Conditions of Approval shown as Exhibit "C", we request a clarification be included as follows: "The fulfillment of construction requirements for improvements, to Commerce Way and Van Buren Street shall be completed in accordance with the phase of development as shown on the tentative map. " An additional qualification regarding Exhibit "E" from the Riverside Highland Water Company, relates to their documentation of a concern regarding fireflows. As evidenced by Exhibit "D" from the San Bernardino County Environmental Management Group, the fireflows have been checked and the requirements for onsite fire hydrants has been established. The indication from their test is that the required fireflow minimum can be exceeded in accordance with existing system capability. One final clarification is in relationship to the requirements for architectural review board. We request that the Condition Approval be clarified to indicate that the site and Arc hi U:1y�i3LM g Review Board requirements will be completed prior to i $.nceof �. building permits. ,y j MAY 15 1991 CIVIL ENGINEERS • LAND SURVEYORS • PLANNERS 11 ECE1VE21881 BARTON ROAD GRAND TERRACE CALIFORNIA 92324 (714)824 1775 FAX (714)783 3954 (a or 6 Ms. Maria Muett May 15, 1991 Page 2 : Thank you for your consideration for the above items and your response in proceeding with the processing of this map for approval. Sinc ly, i hn A. Starner, P.E. Engineering Manager JAS:11:685. 01/68501.JAS cc Joe Kicak - City Engineer Gene McMeans - General Manager, Riverside Highland Water Co. RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND 'TERRACE, STATE OF CALIFORNIA, RECOMMENDING APPROVAL OF TPM-90-03 AND E-90-09 AND ITS ASSOCIATED NEGATIVE DECLARATION TO THE CITY COUNCIL OF THE CITY OF GRAND 'TERRACE WHEREAS, the applicant, L A. Wainscott and Associates, property owners/James Harber and Robert Harber Joint Tenants, have applied for approval of a tentative parcel map, (Exhibit A), dividing 8 7 acres into 5 lots in Phase I, in the Commercial Manufacturing Zone located on Van Buren Avenue, (APN# 277-091-63,64), WHEREAS, a properly notice hearing was held by the Planning Commission on May 16, 1991, and for the purpose of hearing on this matter, and WHEREAS, a Negative Declaration has been prepared for this project per Article 6 of the California Environmental Quality Act (Exhibit B) and said Negative Declaration has been considered by the Planning Commission per Section 15074(a) of the California Environmental Quality Act NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace, State of Cahforrua, that the following findings have been made 1 That the site is physically suitable for the proposed type of development 2 That the site is physically suitable for the proposed density of development 3 That the design of the subdivision (Phase I) and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat 4 That the design of the subdivision (Phase I) or type of proposed improvements are not likely to cause senous public health problems or cause threat to life and property from a wildland conflagration 5 That the proposed subdivision (Phase I) together with the provisions for its design and improvements are consistent with the General Plan 6 That the proposed subdivision (Phase I) its design, density and type of development and improvements conform to the conditions imposed by the regulations of the Development Code, and the regulations of the City of Grand Terrace NOW,THEREFORE,BE IT FURTHER RESOLVED by the Planning Commission of the City of Grand Terrace, California, that TPM-90-03 (Exhibit A) and the aforementioned Negative Declaration (Exhibit B) are hereby recommended to the City Council for approval subject to the following conditions 1 An overall design program shall be approved by the Site and Architectural Review Board prior to issuance of building permits for any parcel within the Parcel Map Such program shall include but not be hnuted to * Mimmum architectural design guidelines for the construction of commercial and office structures * Location of buildable pads for each individual lot, and * Minimum landscaping and property maintenance requirements, and * Parking and access layout, and * Reciprocal access between individual parcels 2 The approval of this parcel map is for the proposed subdivision, Phase I, illustrated on the map This does not represent current or future approval of the referenced proposed remainder parcel, Phase II In accordance with the Subdivision Map Act, the remainder parcel shall require the filing of a tenatative parcel map An additional overall design program shall be approved by the Site and Architectural Review Board for the development of the remainder parcel, Phase II 3 City Engineer/Building and Safety Department in their memorandum to the City dated April 29, 1991 (Exhibit C), 4 San Bernardino County, Fire Warden's Department, in their memorandum to the City dated May 8, 1991 (Exhibit D), 5 Riverside Highland Water in their memorandum to the City dated May 7, 1991 (Exhibit E) 6 San Bernardino County, Office of Special Districts, in their memorandum to the City dated May 6, 1991 (Exhibit F) 7 Riverside-Corona Resource Conservation District in their memorandum to the City dated November 27, 1990 (Exhibit G) 8 State of Cahforrua, Department of Transportation, in their memorandum to the City dated November 27, 1990 (Exhibit H) 9 City of Riverside, Public Utilities Department, in their memorandum to the City dated May 13, 1991 (Exhibit I) 10 The Commerce Way dedication shall be made as a condition of the parcel map as recommended by the City Engineer however the City shall enter into a deferral agreement with respect to the construction of Commerce Way improvements until such time as the remainder parcel develops or Commerce Way is developed, whichever occurs first, as recommended by the City Engineer PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a meeting held on the 16th day of May, 1991 AYES NOES ABSENT ABSTAIN Jerry Hawkinson, Chairman Planning Commission AFFEST Deputy City Clerk APPROVED AS TO FORM John Harper, City Attorney GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING MAY 16, 1991 The regular meeting of the Grand Terrace Planning Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on May 16, 1991 at 7 00 p m by Chairman Jerry Hawkinson PRESENT. Jerry Hawkinson, Chairman Dan Buchanan, Vice-Chairman Ray Munson, Commissioner Jim Sims, Commissioner Fran Van Gelder, Commissioner Ron Wright, Commissioner Alan Burns, City Attorney Maria C Muett, Acting Community Development Director Joe Kicak, City Engineer Brenda Stanfill, Deputy City Clerk ABSENT. Stanley Hargrave, Commissioner PLEDGE Dan Buchanan, Vice-Chairman PLANNING COMMISSION WORKSHOP CONVENED AT 6.30 P M Information from staff to Planning Commissioners Information from Planning Commissioners to staff PLANNING COMMISSION WORKSHOP ADJOURNED AT 7.00 P M PLANNING COMMISSION MEETING CONVENED AT 7:00 P.M PUBLIC PARTICIPATION. None ITEM #1 PLANNING COMMISSION MEETING MINUTES - APRIL 18, 1991 1 Commissioner Van Gelder asked what would happen now The City Attorney stated that he does not have the zoning code in front of him, but he said that most zomng codes do make it a misdemeanor to operate a use without the proper approval, so possibly the owners could be prosecuted criminally,which would give an additional lever to bring them back before the commission MOTION VOTE PCM-91-103 Motion carries 6-0-1-0 Commissioner Hargrave absent ITEM #5 TPM-90-03; E-90-09 L.A. WAINSCOTT AND ASSOCIATES, INC./HARBER COMPANIES VACANT LOT ON VAN BUREN (APN# 277-091-63, 277-091-64) G T. AN APPLICATION TO SUBDIVIDE TWO PARCELS IN THE CM ZONE CONSISTING OF 8.7 ACRES INTO 8 LOTS The Acting Community Development Director presented the staff report Commissioner Sims asked if was the intention that Commerce Way curb and gutter be installed with the Phase 1 portion The City Engineer said there is a letter requesting that the improvements on Commerce Way be delayed, and he does not have a problem with that He said that his problem is that they are now developing Phase 1, and they don't know when Phase 2 may develop, but the need for Commerce Way may be there before Phase 2 develops He said that if the Planning Commission and City Council considered the request for delay of improvements on Commerce Way favorably, then he recommends that the dedication for Commerce Way be made at this time even if it is by a separate document, so that the right of way is available, and also that an agreement be signed between the City and Harber that, should Commerce Way develop to a point where that is the piece that is linking Van Buren, then at that time that would trigger the requirement of Harber to complete that portion of their improvement no matter where Phase 2 may be He said he wants to be sure they have some way to have the right-of-way if they need it and that if the improvements are required by necessity, this can be completed 9 Commissioner Sims asked if they should be concerned about allowing a development with only one way to get in and one way to get out The City Engineer said the Fire Department has another requirement that the maximum length of any single cul-de-sac is not to exceed 600' Commissioner Van Gelder asked if they were only looking at Phase 1 The City Engineer said normally,when there is a parcel of land, it is generally subdivided and then the phasing could occur He said that in this case, they are subdividing a portion of the property and leave one parcel as a remainder He said that the Subdivision Map Act allows for the remainder parcel when it remains in the same ownership He said from the Engineering standpoint and Map Act standpoint, he cannot say they must subdivide, but he thinks the Planning Staff and Planning Commission would like to see what is going to happen ultimately on the unsubdivided parcel Commissioner Van Gelder asked what provisions there are to make sure what will happen in that area The City Engineer said they have seen the original map, and if subdivided as shown, it would meet the Subdivision Map Act requirement, but with respect to whether or not the lot sizes with respect to zoning are conforming, he cannot answer The Acting Community Development Director said they will see this again as the structures come back to them The City Attorney said that their discretion tonight is to approve or deny whether or not what is before them is consistent with the General and Specific Plan and whether it is physically suited for the proposed type and density of development and whether or not it is likely to cause substantial environmental damage He said the remainder will be dealt with at a later time The Acting Community Development Director said that staff may ask for clarification on the conceptual plan, which shows 6 or 7 phases, and they would want to make sure the map is reflecting the correct quantity of phasing Commissioner Sims asked about making sure they get the right-of-way for Commerce Way The City Engineer said it would be easier to dedicate it right on the map if that is what they wanted to do 10 Commissioner Sims said the difference he sees on the tentative map is that they have 8' dedicated and shows the solid lines, but at the Commerce Way area, all you see is a 44' offer of dedication with dash lines The City Engineer said the applicant's thought is that they will go ahead and offer this on the map even though it is not a part of the subdivision He felt they should dedicate it by a separate document if they are going to accept it Vice-Chairman Buchanan was curious about the sigmficance of designating five, numbered parcels, and then designating the sixth as a remainder parcel He said under the Subdivision Map Act with respect to residential uses, if you have a piece of property and you are going to divide it into four parcels, you can do it by a parcel map instead of a subdivision map, but if you divide it into five or six parcels, then you get into the requirements for a subdivision map He asked if they were only seeing five numbered parcels because the remainder parcel would kick them into some other requirement realm The City Engineer responded in the negative Vice-Chairman Buchanan asked at what point in this kind of commercial subdivision would the applicant go from a tentative parcel map to subdivision map situation The City Engineer said, for example, that in Riverside County, they had just done 26 lots, all 1 acre or larger, and it is a parcel map but industrial Vice-Chairman Buchanan said, with respect to the applicant's May 15 letter, they have requested the clarification that says, "The fulfillment of construction requirements for improvements to Commerce Way and Van Buren Street shall be completed in accordance with the phase of development as shown on the tentative map" He asked if, by phase of development, they are referring to the conceptual grading plan they are seeing The City Engineer said he thinks they are asking that the improvements, which are requirement #1 on his staff report to dedicate and improve Commerce Way, be delayed until such time as the remainder parcel develops further Vice-Chairman Buchanan questioned the reference to Van Buren Street He said that his understanding of the City Engineer's recommendation is that Van Buren Street be improved as a condition of the map The City Engineer agreed 11 Vice-Chairman Buchanan said they ask for a qualification regarding the Riverside Highland Water Company letter, although their comment sounds more like a suggestion that they have already satisfied with one of the conditions, and if that is the case, they don't need to change the condition, it is just a matter of compliance He said that the requirement for Site and Architectural Review Board requests the conditions of approval be clarified to indicate the Site and Architectural Review Board requirements will be completed prior to issuance of building permits and asked if he heard staff correctly in concurring with that request The Acting Community Development Director said that was correct in dealing with Phase 1 She also added reciprocal agreements between parcels to incorporate into that Commissioner Sims asked if the remaining parcel would be graded also The City Engineer recommended that everything be graded, but with the remaining parcel only to have rough grading Chairman Hawkinson called up the applicant KEITH DAGASTINO L.A. WAINSCOTT AND ASSOCIATES 21881 BARTON ROAD GT Mr Dagastino said they were in agreement with staffs findings and the proposed conditions Vice-Chairman Buchanan asked for a brief explanation of the rationale for the remainder parcel Mr Dagastino said pnmanly it has to do with Commerce Way and the development plan for the owner to get the cul-de-sac in and get development underway around the cul-de-sac and to have some flexibility later related to Commerce Way Vice-Chairman Buchanan asked what was meant by their letter, which asked that the construction requirements for improvements to Commerce Way and Van Buren Street completed in accordance with the phase of development as shown on the tentative map Mr Dagastino stated that they are trying to divide the development into two phases, generally along the remainder parcel lot line, and their intent is to 12 provide the improvements for Phase 1, which would be A Street and Van Buren Street up to the westerly limit of A Street, and delay the improvements for Commerce Way and Van Buren to the time when they propose some type of building or a later action on the remainder parcel Vice-Chairman Buchanan stated that the City Engineer is comfortable with the notion of a present dedication but a deferral agreement for the construction of the improvements on Commerce Way, but that he wants to see the entire Van Buren Street frontage improved immediately Mr Dagastino said they are comfortable going that far as long as they keep some separation from Commerce Way OPENED PUBLIC HEARING/CLOSED PUBLIC HEARING Chairman Hawkinson brought this item back to the commission MOTION PCM-91-104 1TM-90-03, E-90-09 Vice-Chairman Buchanan made a motion to amend the proposed conditions of approval, with Condition #1 to read that an overall design program shall be approved by the Site and Architectural Review Board before issuance of building permits for any parcel within the parcel map, such program shall include but not be limited to everything that it currently says with the fourth aspect reading parking and access layout and reciprocal access arrangements Commissioner Sims second MOTION VOTE PCM-91-104 Motion carries 6-0-1-0 Commissioner Hargrave absent Vice-Chairman Buchanan asked the Acting Community Development Director for the revised language for #2 The Acting Community Development Director stated this was a change in the sentence structure, and she was looking at the approval of this parcel map as per the proposed subdivision, Phase 1, as illustrated on the map This does not represent current or future approval of the referenced proposed remainder parcel, Phase 2 In accordance with the Subdivision Map Act, the remainder parcel will require the filing of a tentative map and an additional, 13 overall design program shall be approved by the Site and Architectural Review Board for the development of the remainder parcel MOTION PCM-91-105 TTM-90-03, E-90-09 Vice-Chairman Buchanan made a motion that Condition #2 be amended to read as indicated by the Acting Community Development Director Commissioner Sims second MOTION VOTE PCM-91-105 Motion carries 6-0-1-0 Commissioner Hargrave absent MOTION PCM-91-106 TTM-90-03, E-90-09 Vice-Chairman Buchanan made a motion that Condition #10 be added to state that it is the Planning Commission's recommendation that the Commerce Way dedication be made as a condition of the parcel map as recommended by the City Engineer, but that the City may enter into a deferral agreement with respect to the construction of Commerce Way improvements to such time as the remainder parcel develops or Commerce Way is developed, whichever occurs first, as recommended by the City Engineer Commissioner Sims second MOTION VOTE PCM-91-106 Motion carries 6-0-1-0 Commissioner Hargrave absent MOTION PCM-91-107 TTM-90-03, E-90-09 Vice-Chairman Buchanan made a motion to adopt the resolution attached as Exhibit A as amended tonight, recommending approval of TTM-90-03 and adopting the negative declaration, E-90-09 Commissioner Sims second 14 MOTION VOTE PCM-91-107 Motion carries 6-0-1-0 Commissioner Hargrave absent PLANNING COMMISSION MEETING ADJOURNED AT 9 30 P M SITE AND ARCHITECTURAL REVIEW BOARD CONVENED AT 9.30 P.M ITEM #6 SA-85-09R1; SA-87-08R1 CDS ENGINEERING/BARTON 88 INVESTMENT ASSOCIATES 22325 BARTON ROAD G.T AN APPLICATION TO REVISE SITE AND ARCHITECTURAL REVIEWS 85-09 AND 87- 08 FOR AN EXISTING RETIREMENT HOTEL IN A C-2 ZONE The Acting Community Development Director presented the staff report OPENED PUBLIC HEARING/CLOSED PUBLIC HEARING Chairman Hawkinson brought this item back to the commission MOTION PCM-91-108 SA-85-09R1, SA-87-08R1 Commissioner Munson made a motion to deny SA-85-09R1 and SA-87-08R1 Commissioner Sims second MOTION VOTE PCM-91-108 Motion carries 6-0-1-0 Commissioner Hargrave absent 15 c'Ty W 0 12 03 STAFF REPORT ;GRfiH�TERR.,CE a ry•VfM 22795 Balton Road Gland Tei race DATE June 7 , 1991 C� rnia 92324-5295 Civic Centel MEETING DATE June 13 , 1991 (714) 824-6621 SUBJECT Waste Discharge Ordinance On May 23 , 1991 the City Council considered adopting Waste Discharge Ordinance for the City of Grand Terrace by a reference to the ordinance which was adopted by the City of Colton Byron R Matteson A copy of the Staff Report for the May 23rd meeting is Mayor attached Hugh J Grant Since that time, City of Gi and Terrace has prepared the Mayor Pro tempore ordinance as is required by the agreement between the two Jene Cailstrom cities , with references specifically to the City of Grand onald M Christianson Terrace without the need for referencing the Colton Heiman Hilkey ordinance Counul Members Attached you will find a copy of the proposed ordinance Thomas J Schwab City Man Ter City Council should consider this to be the first reading of the proposed ordinance For your convenience a copy of the City of Colton ordinance indicating the old version and the modifications to the subject ordinance by the City of Colton will be placed in the reading box for your review STAFF RECOMMENDS THAT CITY COUNCIL 1 Conduct a Public Hearing on the proposed Ordinance 2 Approve First Reading of Ordinance 3 Set Second Reading and a Public Hearing to June 27 , 1991 , at which time it will be recommended for second reading and adoption JK dlk COUNCIL AGENDA ITEM# 6 ... .Tc (1Tr ) W 0 12 03 6F:1 GRAND TERM( STAFF REPORT 1Ol• Date May 17, 1991 22795 i3atton Road Gland ll l ldC Meeting Date May 23, 1991 Caltlotntd 92124-5295 CIVIL C c ntc t Subject Waste Discharge Ordinance (714) 824-6621 Existing agreement between the Cities of Grand Terrace and Colton provides that City of Grand Terrace adopt the same ordinances pertaining to the Waste Discharge requirements as those adopted by the City of Colton The waste discharge limitations are dictated to the City of Colton, as the discharger by the California Regional Waster Quality Control Board Recent RWQCB Order modified the discharge requirements for Colton, Byion R Matteson requiring the City to amend their existing Ordinance Pursuant to the ont agreement between the two cities, Grand Terrace must also amend the existing Ordinance Hugh I Giant n�i,ur Pro lunpotl Attached is a copy of our proposed Ordinance which adopts the City of Colton Ordinance by reference Citric ( a,lstiom onald M Chustianson Staff recommends that City Council Heiman 11111.c,} ounia tounbc" 1 Conduct a Public Hearing on the proposed Ordinance I homas I Schwab 2 Approve First Reading of Ordinance C itv ht in igLr. 3 Set Second Reading and a Public Hearing to June 13, 1991 , at which time it will be recommended for second reading and adoption JK/ct ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND TERRACE , CALIFORNIA, AMENDING CHAPTER 13 . 12 OF THE GRAND TERRACE MUNICIPAL CODE , REGULATING THE DISCHARGE OF WASTES INTO THE SEWERAGE SYSTEM OF THE CITY OF GRAND TERRACE AND REPEALING ORDINANCE NO. 72 THE CITY COUNCIL OF THE CITY OF GRAND TERRACE does ordain as follows SECTION ONE Chapter 13. 12 of the Grand Terrace Municipal Code is hereby amended to read as follows Wastewater Ordinance Sections I . Preamble 1 . 0 Purpose and Policy 1 . 1 Definitions 1 . 2 Abbreviations II . General Provisions 2. 0 Administration 2. 1 Authorization for New or Increased Pollutant Discharged or Changes in the Nature of Pollutant Discharges 2 . 2 General Discharge Prohibitions 2. 3 Prohibition Against Discharging Solid or Fluid Material to Watercourses 2. 4 Prohibition Against Discharging Pollutants to the Ground 2. 5 Point of Discharge Limitation 2. 6 Prohibition Against Dilution 2. 7 Special Restrictions , Vehicle Servicing Facility 2. 8 Special Restrictions , Water Conditioning Equipment 2 . 9 Special Restrictions , Restaurants 1 2. 10 Conditional Waivers 2. 11 Categorical Standards 2 . 12 Pretreatment 2 . 13 Prohibited Discharge of Recovered Pretreatment Wastes 2. 14 Gravity Seperation Interceptor 2 . 15 Monitoring Facilities 2 . 16 Flow Metering Facilities 2. 17 Inspection and Sampling 2 . 18 Sampling and Analysis - Fee -Billing 2 . 19 Confidential Information 2 . 20 Excessive Discharge 2. 21 Reporting Potential Problems Including Slug Loading 2. 22 Annual Public Notices 2. 23 Damage to City ' s Equipment or Facilities _ 2 . 24 Compensation for Unauthorized Discharges 2 . 25 Charges 2. 26 City ' s Right of Revision 2 . 27 Appeal from Decisions 2 . 28 Interpretation 2 . 29 Severability III . Permits 3 . 0 Wastewater Discharge Permits 3. 1 Permit Applications 3. 2 Permit Modifications 3. 3 Permit Contents 3. 4 Permit Duration 2 3. 5 Permit Transfer 3 . 6 Reporting Requirements VI . Enforcement 4. 0 Notification of Violation 4. 1 Compliance Time Schedules 4. 2 Administrative Orders 4. 3 Stop Work Orders 4. 4 Cease and Desist Order 4. 5 Termination of Service 4. 6 Immediate Termination of Service 4. 7 Criminal Penalties 4. 8 Legal Action 4. 9 Monetary Penalties V. Adoption 5 . 0 Effective Date - Annexations 5. 1 Effective Date - City of Grand Terrace 5. 2 Conflicts I PREAMBLE SECTION 1 . 0 Purpose and Policy - This Ordinance sets forth uniform requirement for all Users of Sewerage System of the Cityof Grand terrace . This Ordinance enables the City to Comply with all applicable State and Ferderal laws required by the Clean Water Act of 1977 and amendments thereto and the General Pretreatment Regulations ( 40 CFR Part 403 ) . The objectives of this Ordinance are ( a ) To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system of contaminate the resulting sludge , ( b ) To prevent the introduction of pollutants into the wastewater system which will pass through the system , inadequately treated , into surface waters , groundwaters , the atmosphere , or otherwise be incompatible with the system , 3 (c ) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system , and ( d ) To provide for equitable distribution of the cost of the wastewater system. This Ordinance provides for regulation through issuance of permits to certain non-domestic Users and enforcement of general requirements for the other Users . The Ordinance also authorizes monitoring and enforcement activities , User reporting , and provides for the setting of fees for the equitable distribution of costs for the sewer service . SECTION 1 . 1 Definitions Unless the contex specifically indicates otherwise , the following terms and phrases used in the Ordinance shall have the meanings hereinafter designated ( 1 ) Act of "the Act " . The Federal Water Pollution Control Act , also known as the Clean Water Act , as amended , 33 U . S . C . 1251 , et . seq . ( 2 ) Approval Authority . The Director in an NPDES state with an approved State Pretreatment Program and the Administrator in an NPDES state without an approved State Pretreatment Program. ( 3) Approved Analytical Methods . The sampling referred to in 40 CFR Part 403. 7 ( b ) ( 2 ) ( i -iv ) and analysis of these samples shall be performed in accordance with the techniques for the pollutant in question , or where the EPA determines that the Part 13 sampling and analytical techniques are inappropriate for the pollutant in question , sampling and analysis ahall be performed using other sampling and analytical procedures approved by the City and the EPA. ( 4) Authorized Representative of Industrial User . An authorized representative of an industrial User may be 1 . A responsible corporate officer , if the User submitting required reports is a corporation , 2 . A general partner or proprietor if the User submitting the required reports is a partnership or sole proprietorship respectively , 3 . The person in responsible charge , if the User is a governmental agency , 4. An individual with the same authority as stated in 1 , 2 , and 3 if the individual is responsible for the overall operation of the facility from which the discharge originates . If authorization under item 4 of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility , or overall responsibility for enviormental matters for the company , a new authorization satisfying the requirements of item 4 of this difinition must be submitted to the City prior to or together with any reports to be signed by an authorized representative . ( 5 ) Bichemical Oxygen Demand ( BOD ) . The quantity of oxygen ( expressed in mg/1 ) , required to biochemically oxidize material in a wastewater sample . 4 ( 6 ) Categorical Standards . The Federal Categorical Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by existing or new industrial Users in specific industrial categories established as seperate regulations under the appropriate subpart of 40 CFR Chapter I , Subchapter N , as it exists and as it may be amended . ( 7 ) Chemical Oxygen Demand ( COD ) . The quantity of oxygen ( expressed in mg/1 ) required to chemically oxidize material in a wastewater sample under specific conditions of oxidizing agent , temperature , and time . ( 8 ) City . The City of Grand Terrace of the City Council of Grand Terrace . ( 9 ) Class I User . An Industrial User of the POTW who ( 1 ) is subject to Categorical Standards , ( 1i ) has an average daily discharge of 25 , 000 gallons or more or process wastewater ( excluding sanitary waste , unpolluted water , and boiler blowdown dicharges ) , ( iii ) has a discharge which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the Wastewater Treatment Facilities receiving the wastewater , ( iv ) has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act , or ( v ) is designated by the Director to have a reasonable potential , either singly or in combination with other contributing industries , for adversely affecting the POTW ' s operation or violating any pretreatment standard or requirement . ( 10 ) Class II User . Any Industrial User who discharges wastewater between 10 , 000 and 25 , 000 gallons per day , except for those industries identified as Class I Users . ( 11 ) Class III User. Any Industrial User who discharges wastewater at less than 10 , 000 gallons per day , except for those industries indentified as Class I Users . ( 12 ) Control Authority . The Director of Public Works . ( 13 ) Cooling Water . Water discharged from air conditioning , coolong , or refrigeration equipment to which the only pollutant added is heat . ( 14 ) Director of Public Works . The Director of Public Works of the City of Grand Terrace or his authorized representative or deputy. ( 15 ) Discharge to the Ground. The discharge of wasewater to or into the soil and not contained in an impermeable facility approved the Director of Public Works . ( 16 ) Domestic Wastewater . Wastewater from residences and other premises resulting from use of water by people for ordinary living 5 processes . The maxium strength shall be considered to be 250 mg/ 1 as Biochemical Oxygen Demand ( BOD ) and Total Suspended Solids ( TTS ) . ( 17 ) Enviormental Protection Agency ( EPA) . The U. S. Enviormental Protection Agency or , where appropriate , the term may also be used as a designation for the Administrator or other duly authorized official of said agency. ( 18 ) Exchange-Type Water Conditioning Equipment . A water conditioning apparatus that is removed for regeneration from the premises at which it is normally operated to a commercial regeneration facility . ( 19 ) Gravity Seperation Interceptor . An approved detention chamber designed to remove grease , oil , and solids from wastewater before discharge to the POTW. ( 20 ) Grab Sample . A sample which is collected from a waste stream which is representative of wastewater concentrations and attributes at the time of collection . ( 21 ) Hazardous Substance . Any substance capable of creating imminent endangerment to health or the enviorment including , but not limited to , and substance designated under the Clean Water Act , 33 U . S , S. , Section 1251 , et seq . , 40 CFR Section 307 and 311 , any imminently hazardous chemical substance subject to regulation under the Toxic Mixtures or Substances Control Act , 15 USCA , Section 2601 , et seq . In general substances which are toxic , explosive , corrosive , flammable or irritants , or which generate pressure through heat or decomposition . ( 22 ) Holding Tank Waste . Any waste from holding tanks such as vessels , chemical toilets , campers , trailers , septic tanks , and vacuum-pump tank trucks . ( 23 ) Industrial User . Any Non -Residential User discharging wastewater to the POTW. ( 24 ) Interference . Shall mean a discharge which , alone or in conjunction with a discharge or discharges from other sources , both (A) Inhibits or disrupts the POTW , its treatment processes or operations , or its sludge processes , use or disposal , and ( B ) Causes a violation of any requirement of the POTW ' s NPDES permit ( including an increase in the magnitude or duration of a violation ) or of the prevention of sewer sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder ( or more stringent State or local regulations ) Section 405 of the Clean Water ACt , the Solid Waste Disposal Act ( SWDA ) ( including Title II , more commonly referred to as the Resource 6 Conservation and Recovery Act ( RCRA ) , and including State regulations contained in any applicable State sludge management plan prepared pursuant to subtitle D of the SWDA ) , the Clean Air Act , the Toxic Substances Control Act , and the Marine Protection , Research and Sanctuaries Act . ( 25 ) Lower Explosive Limit ( LEL ) . The minmum concentration of a combustile gas or vapor in the air which will ignite if an ignition source is present . ( 26 ) Mass Emission Rate . The mass of material discharged to the POTW during a given time interval . Unless otherwise specified , f the mass emission rate shall be expressed in p pounds per day of a particular constituent or combination of constituents . ( 27 ) May is permissive . ( 28 ) National Pollution Discharge Elimination Systems ( NPDES ) Permit . The permit issued pursuant to Section 402 of the Act ( 33 U. S . C. 1342 ) for the Grand Terrace POTW treatment plant . ( 29 ) New Source . Any building structure , facility , or installation from which there is or may be a discharge of pollutants , the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 ( c ) of the Federal Clean Water Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section . ( 30 ) Non-domestic Wastewate . All wastewater except domestic wastewawter as defined herein . Non-domestic wastewater shall include , dut not be limited to , wastewater resulting from industrial , commercial , producing , manufacturing , processing , institutional , governmental , and agricultural operations . All liquid wastewater hauled by truck , rail , or another means shall also be considered as non-domestic wastewater , regardless of the orginal source of the wastes . Hauled domestic wastewater is included in the category of non-domestic wastewater . ( 31 ) Non-Residential User . All commercial , institutional , industrial , and governmental entities , public or private , and their agents , public or private , that discharge or cause to be discharged any waste material to the POTW. ( 32 ) Oil and Grease . Any of the following in part or in combination A. Petroleum derived products , e . g . , oils , fuels , lubriants , solvents . B. Vegetable dervived products , e . g . , oils , shortenings , soluble cutting oils . C . Animal derived products , e . g . , fats , greases ,oils , lard . 7 ( 33 ) Pass Through . A Discharge which exits the POTW into waters of the United States in quantities of concentrations which , alone or in conjunction with other discharges , causes a violation of any requirement of the POTW ' s NPDES permit ( including an increase in the magnitude or duration of a violation ) . ( 34 ) Person . Any individual , partnership , copartnership , firm , company , corporation , association , joint stock company , trust , estate , governmental entity or any other legal entity , or their legal representatives , agents , or assigns . The masculine gender shall include the feminine , the singular shall include the plural where indicated by the context . ( 35 ) Plumbing Official . Plumbing Official shall mean the Director of Building and Safety of the City of Grand Terrace or his authorized representative . ( 36 ) Pollutant . Any dredged spoil , solid waste , incinerator residue , sewage , garbage , sewage sludge , munitions , chemical wastes , biological materials , radioactive materials , heat , wrecked or discharged equipment , rock sand , cellar dirt , and industrial , municipal , and agricultural waste discharged into water . ( 37 ) Pollution . The man-made or man-induced alteration of the chemical , physical , biological , or radiological integrity of water . ( 38 ) Pretreatment or Treatment . The reduction of the amount of pollutants , the elimination of pollutants , or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing sucr pollutants into POTW . The reduction or alteration can be obtaineG by physical , chemical , or bilogical processes , or process changes o f other means , except , as prohibited by 40 CFR Section 403. 6( d ) , use of dilution to achieve compliance with Categorical Standards . ( 39 ) Pretreatment Wastes . All wastes liquid or solid , removed from a waste stream or discharge by physical , chemical , or biological means . ( 40 ) Publicy Owned Treatment Works ( POTW) . A treatment works as defined by Section 212 of the Act , ( 33 U. S . C . 1292 ) . This definition includes the Colton Wastewater Treatment Plant and any other divices or systems used in the storage , treatment , recycling , and reclamation of municipal sewage . It also includes all sewers , pipes , lift stations , and other conveyances which convey wastewater to the wastewater treatment plant . ( 41 ) Public Sewer . Any sewer located in or on maintained by the City of Grand Terrace . The term used does not include storm drains or channels for conveyance of natural waters . ( 42 ) POTW Treatment Plant . The portion of the POTW designed to provide treatment to wastewater . ( 43 ) Responsible Corporate Officer . 8 A. A president , secretary , treasure , or vice president of the corporation in charge of a principal business function , or any other person who performs similar policy or decision making functions for the corporation . B . The manager of one or more manufacturing , production , or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million ( in second- quarter 1980 dollars ) , if authority to sign documents has been assigned or delegated to the manager in accordance whith corporate procedures . ( 44 ) Restaurants . Restaurants shall include , but not be limited to , retail establishments selling prepared foods and drinks for consumption on or off the premises . ( 45 ) Shall is mandatory . ( 46 ) Significant Industrial User. Any Industrial User of the POTW who ( 1 ) is subject to Categorical Standards , ( i1 ) has an average daily discharge of 25 , 000 gallons or more of process wastewater ( excluding sanitary waste , unpolluted water , and boiler blowdown discharges ) , ( iii ) has a discharge which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the Wastewater Treatment Facilities receiving the wastewater , ( iv ) has in its wates toxic pollutants as defined pursuant to Section 307 of the wastes toxic pollutants as defined pursuant to Section 307 of the Act , or ( v ) is designated by the Director to have a reasonable potential , either singly or in combination with other contributing industries , for adversley affecting the POTW ' s operation or violating and pretreatment standard or requirement . ( 47 ) Signifcant Noncompliance ( SNC ) . Violations of pretreatment requirements , which include limits , sampling , analysis , reporting , meeting compliance schedules , and regulatory deadlines , meeting one or more of the following criteria A. Violations of wastewater discharge limits 1 . Chronic Violations . Sixty-six percent or more of the measurements taken during a six month period exceed ( by any magnitude ) the daily maximum limit or the same average limit for the same pollutant . 2. Technical Review Criteria ( TRC ) Violations . Thirty-three percent or more of all the measurements for each pollutant parameter taken during a six month period exceed the product of the daily maximum limit of the average limit times the applicable TRC in a six month period . . There are two groups of TRCs Group I for conventional pollutants ( BOD , TES , and 9 Fats , Oil and Grease ) TRC=1 . 4 Group II for all other pollutants , except pH TRC=1 . 2 3 . Any other violation ( s ) of a pretreatment effluent limit (daily maximum of long-term average ) that the City determines has caused , alone or in combination with other discharges , interference or pass through ( including endangering the health of the POTW personnel of the public ) . 4 . Any discharge of a pollutant that has caused imminent endangerment to human health or welfare of to the enviorment or has resulted in the POTW ' $ exercise of its emergency authority to halt or prevent such a discharge . B. Violations of schedule milestones starting construction , completing construction , or achieving final compliance , including such milestones specified in Compliance Time Scheules or administrative orders issued by the City , by 90 days or more . C. Failure to provide reports as specified or required by Administrative Orders , Compliance Time Schedules , Monitoring and Reporting Programs , or Categorical Standards ( Baseline Monitoring Reports , 90 Day Compliance Reports , and Periodic Reports ) or other report within 30 days of the due date . D. Failure to accurately report noncompliance . E . Any other violation or group of violation that the Director of Public Works determines will adversely affect the operation or implementation of the pretreatment program . ( 48) Single Pass Cooling Water . Water used soley for the purpose of cooling , which has no direct contact with any raw material , intermediate or final product , and which is used only once and then discarded . ( 49 ) Single Pass Heating Water . Water used soley for the purpose of heating , which has no direct contact with any raw material , intermediate or final product , and which is used only once and then discarded . ( 50 ) Slug Loadin . The discharge of any pollutant oxygen demanding pollutants ( BOD ,etc . ) which is released at a flow rate and/or pollutant concentration which causes interference with the POTW ( 51 ) Solvent Management Plan ( Toxic Organic Management Plan ) . A plan submitted to the City by an Industrial User which specifies to the Director ' s satisfaction the solvants and othe toxic organic compounds used , the methods of isposal used , and procedures for 10 assuring that solvants and other toxic organics do not routinely spill or leak into the POTW or ground . ( 52 ) State . State of California . ( 53 ) Standard Industrial Classification ( SIC ) . A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President , Office of Management and Budget , 1987 or latest edition thereof. ( 54 ) Storm Water . Any flow resulting from natural precipitation . ( 55 ) Storm Water Systems . All storm water conveyance and treatment facilities located within the City including , but not limited to storm drains , catch basins , storm drain manholes , and storm water pumping facilities . ( 56 ) Temporary User . Any User who is granted temporary permission by the Director of Public Works to discharge unpolluted water or wastewater to the POTW. ( 57 ) Total Toxic Organics ( TTO ) . The sum of the concentrations for each of the toxic organic compounds regulated by Categorical Standards which are found in the User ' s discharge at a concentration greater than 0. 010 milligrams per liter . ( 58 ) Toxic Pollutant . Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the _- Administrator of the Enviormental Protection Agency under Section 307( a ) of the Act or other Federl regulations . ( 59 ) Unpolluted Water . Single pass cooling water , single pass heating water , air conditional condensate , ice melt , condensate and rain water . ( 60 ) User . Any person who contributes , causes , or permits the contribution of wastewater into the City ' s POTW. ( 61 ) Wastewater . The liquid and water-carried domestic wastes from dwellings , commercial buildings , industrial facilities , and institutions , together with any groundwater , surface water , and storm water that may be present , whether treated or untreated , which is contributed into or permitted to enter the POTW. ( 62 ) Waters of the State . All streams , lakes , ponds , marshes , watercourses , waterways , wells , springs , reservoirs , aquifers , irrigation systems , drainage systems , and all other bodies or accumulations of water , surface or underground , natural or artificial , public or private , which are contained within , flow through , or border upon the State or any portion thereof . ( 63 ) Water Supply. The water supply serving the area tributary to the POTW. 11 ( 64 ) Wastewater Discharge Permit to Permit. The regulatory procedure established and enforced by the Director of Public Works to control the flow of wastes into the POTW. ( 65 ) Wastewater Effluent or Effluent . The treated wastewater flowing from the wastewater treatment facilities . ( 66 ) Wastewater Treatment Facilities . The structures , equipment , and processes manitained by the City which are required to treat and dispose of domestic and non-domestic wastewater . SECTION 1 . 2 ABBREVIATIONS . The following abbreviations shall have the designated meanings . BOD -Biochemical Oxygen Demand ( 5 day ) . COD -Chemical Oxygen Demand . CFR -Code of Fereral Regulations . EPA -Envioromental Protection Agency . 1 -liter . MBAS -Methylene Blue Activated Substances . mg -milligramd . mg/1 -milligramd per liter . NPDES -National Pollutant Discharge Elimination System . POTW -Publicy Owned Treatment Works . RCRA -Resource Conservation and Recovery Act . SIC -Standard Industrial Classification . SIU -Significant Industrial User . SNC -Significant Industrial User . SWDA -Solid Waste Disposal Act , 42 U S . C . 6901 , et . seq . . TDS - Total Dissolved Solids . TRC -Technical Reveiw Criteria TSS -Total Suspended Solids . uI -micrograms . ug/1 -micrograms per liter . umhos/cm -micromhos per centimeter 12 U . S . 0 -United States Code II GENERAL PROVISIONS SECTION 2 . 0 Administration . Except as otherwise provided , the Director of Public Works shall administer , implement , and enforce the provisions of this Ordinance . Any powers granted or imposed on the Director of Public Works may be delegated by the Director of Public Works to other persons acting in bebeficial interest of or in the employ of the City . SECTION 2 . 1 Authorization for New or Increased Pollutant Discharges or Changes in the Nature of Polluant Discharges . It shall be unlawful to commence , increase , or substantially change any discharge of wastewater to the POTW except as authorized by the Director of Public Works in accordance with the provisions of this Ordinance . SECTION 2 . 2 General Discharge Prohibitions . No User shall contribute or cause to be contributed , directly or indirectly , any pollutant or wastewater which will cause pass -through or interference with the operation or performance of the POTW. The following substances shall not be contributed to the POTW ( a ) Any liquids , solids , or gases which by reason of their nature or quantity are , or may be , sufficient either alone or by interaction with other substances to cause fire , explosion , or in any other way be injurious to the POTW or to the operation of the POTW including , but not limited to , wastestreams with a closed cup flashpoint of less than 140 degrees Fahreheit or 60 degrees Centigrade , using the test methods specified in 40 CFR 261 21 , or which result in conditions where two successive readings on an explosion hazard meter , at the point of discharge into the system ( or at any point in the system ) , are more than 5% , or any single reading is over 10% , of the Lower Explosive Limit ( LEL ) of the meter . Prohibited materials include , but are not limited to , gasoline , kerosene , naphtha , benzene , toluene , xylene , ethers , alchols , ketones , aldehydes , peroxides , chlorates , percholrates , bromates , carbides , hydrides , and sulfides . ( b ) Solid or viscous substances which may cause obstruction to sewer flow or interference with the operation of the wastewater treatment facilities such as , but not limited to , grease , garbage with particles greater thatn one-half inch ( 1/2" ) in any dimension , animal guts or tissue , paunch manure , bones , hair , hides or fleshings , entrails , whole blood , feathers , ashes , cinders , earth , sand , mud , gravel , rocks , plaster , concrete , spent lime , stone or 13 marble dust , metal , straw, shavings , grass clippings , rags , spent grains , spent hops , waste paper , wood , plastics , tar asphalt , asphalt residues , residues from refining or processing of fuel or lubricating oil , sharps , glass , or glass grinding or polishing wastes . ( c ) Any wstewater having a pH less than 5. 0 or geater than 11 . 0 , or wastewater having any other corrosive property capable of causing damage or hazard to structures , equipment , and/or personnel of the POTW. ( d ) Any wastewater containing toxic or hazardous pollutants , including infectious wastes , insufficient quantity , either singly or by interaction with other pollutants , to injure or interfere with any wastewater treatment process including sludge disposal , constitute a hazard to humans or animals , create a toxic or hazardous effect in the receiving waters of the POTW , including the maximum toxic pollutant concentrations set forth in Exhibit "A" or any applicable Categorical Standard . Toxic pollutants shall also include , but not be limited to , any pollutant indentified pursuant to section 307( a ) of the Act . ( e ) Any noxious or malodorous liquids , gases , or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair . ( f ) Any substance which may cause the POTW ' s effluent , or an, other product of the POTW such as residues , sludges , or scums , to be unsuitable for reclamation and reuse . In no case shall a substance discharged to the POTW cause the POTW to violate applicable sludge use or disposal regulations developed under section 405 of the Act or any criteria , guidelines , or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act , Clean Air Act , Toxic Substances Control Act , Resource Conservation and Recovery Act , Marine Protection , Reserach and Sanctuaries Act , or State Regulations ( g ) Any wastewater with objectionable color not removed in the treatment process such as , but not limited to , dye wastes and vegetable tanning solution . ( h ) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference , but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40° Centigrade ( 104° Fahrenheit ) . ( i ) Any pollutants , including oxygen demanding pollutants released at a flow rate and/or pollutant concentration which will cause interference to the POTW or otherwise cause violation of the NPDES permit or receiving water quality standards . 14 ( j ) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may cause violation of applicable State or Federal regulations . ( k ) Any discharge which may , alone or in combination with other waste substances , result in he presence of toxic or poisonous solids , liquids , gases , vapors , or fumes in the POTW in such quantities that would create a hazard , public nuisance , or acute worker health and safety problems . ( 1 ) Any wastewater with pollutant concentrations in excess of the maximum general pollutant concentrations presented in Exhibit "B" . (m ) Any storm water , groundwater , street drainage , sub-surface drainage , roof drainage , yard drainage , water from yard fountains , ponds , lawn sprinklers , swimming pools , wading pools , and therapy pools will be admitted to the sewer system between 8 00 p .m. and 6 00 a .m. , subject to written authorization by the Director . ( n ) Any Wastewater or sludge removed from a cesspool , septic tank , or chemical toilet , except chemical toilet wastes from mobile recreation units which are discharged to the POTW in accordance with a wastewater discharge permit issued by the City. ( o ) Any trucked or hauled pollutents or wastewater , except at - such place and in such manner as authorized by a wastewater discharge permit issued by the City. ( p ) Any pesticides or fertilizers . (q ) Any non-biodegradable cuttings oil , petroleum oil , refined petroleum products , or products of mineral oil orgin in amounts which could cause interference or pass -through . ( r ) Any non-biodegradable cutting oils , commonly called soluble oils , which form persistent water emulsions . ( s ) Any excessive quantities of dispersed biodegradable oils or fats such as lard , tallow, or vegetable oil or any other substances tht may precipitate , solidfy , or become viscous at temperatures between 40°F and 100°F . (t ) Any pretreatment wastes . All pretreatment wastes shall be disposed of in accordance with all applicable Federal , State , County , and other local laws and regulations . SECTION 2 . 3 Prohibition Against Discharging Solid or Fluid Material to Watercourse . It shall be unlawful for any person to discharge or cause to be discharged into any storm drain , storm water channel , or natural watercourse , whether currently carrying water or not , or into any pipe , gutter , or waterway leading to such drain , channel , or watercourse , any solid or fluid material which 15 will impair the useful functioning of such drain , channel , or watercourse , or which will cause expense to the City , or other public agency , in maintaining the proper functioning of same , or which will cause or threaten to cause a public nuisance , public hazard , or pollution of waters of the State . SECTION 2 . 4 Prohibition Against Discharging Pollutants to the Ground . It shall be unlawful for any person to deposit or discharge , or cause to be deposited or discharged , into any sump which is not impermeable , or into any pit or well , or onto the ground , or into any storm drain or watercourse , any material which , by seeping underground or by being leached or by reacting with the soil , can pollute usable groundwaters . SECTION 2 . 5 Point of Discharge Limitation . No person , excluding authorized City personnel involved in Maintenance of POTW facilities , shall discharge any wastewater directly into the POTW other than through an approved building sewer , unless written permission for the discharge has been granted by the Director of Public Works . SECTION 2 . 6 Prohibition Against Dilution . No person shall increase the use of process water or , in any way , attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with Categorical Standards , the limitations contained herein , or in any othe pollutant limitations developed by the City . SECTION 2 . 7 Special Restrictions , Vehicle Servicing Facility . ( a ) Any facility maintained for the servicing , repair , washing , or cleaning or any vehicles or roadway machinery , including car and truck washes , shall install and maintain a gravity seperation interceptor in accordance with Section 2 . 14. Wastewater from toilets shall not be allowed to pass through the interceptor , but all wastewaters arising from the servicing and repair of vehicles shall pass through the interceptor before discharge to the POTW. ( 1 ) If the vehicle servicing facility is only capable of servicing one vehicle at a time , the interceptor shall have fluid detention capacity of at least 100 gallons . ( 2 ) If the vehicle servicing facility has facilities for servicing , washing , or otherwise cleaning more than one vehicle at a time , the interceptor shall be as large as necessary so that that 7-day accumulation of sand and oil will not together fill more than 25 percent of the fluid capacity , and shall have a fluid detention capacity of at least 750 gallons . The interceptor shall be designed so as to retain any oil and grease which will float and any sand which will settle . 16 ( b ) Any interceptor legally and properly installed at a vehicle servicing facility before June 2 , 1990 shall be acceptable as an alternative to the interceptor specified in Section 2 . 7 a ) provided such interceptor is properly maintained , effective in removing sand and oil , and designed and installed so that it can be inspected . ( c ) It shall be unlawful for any person to install any water conditioning equipment which discharges regeneration brine or wastewater to the POTW or to the ground regardless of equipment size or capacity . SECTION 2. 8 Special Restrictions , Water Conditioning Equipment . ( a ) Water conditioning equipment includes zeolite ( anion or cation ) exchange softners , demineralizers , and othet like devices , which discharge regeneration brine or other wastewater to the POTW or to the ground . The restrictions in this section do not apply to exchange type water conditioning equipment . ( b ) It shall be unlawful for any person to operate any water conditioning equipment which discharges regeneration brine or wastewater to the POTW or to the ground , except equipment with a combined capacity of on ( 1 . 0 ) cubic foot or less which was in use prior to June 2 , 1983 . The combined capacity of multiple units installed to condition water at the same premises shall be considered as a single apparatus for the purpose of this section . ( c ) It shall be unlawful for any person to install any water conditioning equipment which discharges regeneration brine or wastewater to the POTW or to the ground regardless of equipment size or capacity . SECTION 2 . 9 Special Restrictions , Restaurants . All Restaurants or other facilities which process food and discharge food processing wastes to the POTW shall direct all wastewater from floor drains , sinks , waste container wash racks , and dishwashers through a minimum 750 gallon gravity seperation interceptor in accordance with section 2 . 14. All domestic wastewaters from restrooms , showers , and drinking fountains shall be kept seperate until the previously specified wastes have passed through the interceptor . Sizing of interceptor shall be determined as described in the Uniform Plumbing Code , Appendix H , as adopted by the City of Colton except that the capacity of the interceptor shall not be less than 750 gallons . SECTION 2. 10 Conditional Waivers . Conditional waivers for the grease interceptor requirement may be granted by the Director of Public Works for those restaurants and other facilities which process food determined not to have the potential to aversely affect the POTW. Conditional waivers may be revoked for the 17 following reasons ( a ) Changes in types of food prepared or served ( b ) Falisification of information submitted to the City ( c ) Changes in operating hours (d ) Changes in equipment used . SECTION 2 . 11 Categorical Standards . Upon the promulgation of the Categorical Standards for a particular industrial subcategory which include limitations more stringent than limitaions imposed under this Ordinance , immediately limitations supersedespecified the in the Categorical Standards limitations imposed under this Ordinance . The Director oe Publicf l Works shall notify affected Users of applicablePP ng requirements under the Federal General Pretreatment Regulations . SECTION 2 . 12 Pretreatment . Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with Categorical Standards within the time limitations specified therein . Any facilities required toconstructed , operated ,tewater o and level intainedacceptable at to the pretreat the User ' s shallll be expense . The City may request detailed construction drawings showing pretreatment facilities and a description of operating procedures . New facilities shall be approved by the Director of Public Works before construction . The review of such drawings and operating procedures will in no way relieve the User from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance . Any subsequent shall bes approved i by the rtheeatment Di Director ofilities or method Public Works pr or to operation initiation of the changes . SECTION 2 . 13 prohibited Discharge of Recovered Pretreatment Wastes . No person shall discharge wastes recovered from pretreatment devices into any sewer or storm drain opening , any drains or other openings leading to any sewer or storm drain , parking lot , street , curb and gutter , or ground . All recovered of n pretreatmentFederale5 shal be State, County , anddl local it laws andance regulatioh ns . all applicable SECTION 2 . 14 Gravity Seperation Interceptor . Any person required by the Director of Public Works , shall install and maintain a gravity seperation interceptor . Domestic wastewater shall not be allowed to pass through this interceptor . This interceptor shall have an operational fluid capacity of not less than 100 gallons and any,shall be designed hich as to will retain settle . material interceptor which will float shall and be any matey watertight , structurally sound , and durable . Interceptors of less than gallons ofs 750 capacity gallons shall capaci capacityo orless larger than shall h vecompartments ,no l ess interceptors 18 than three compartments . ( a ) Interceptor Requirements . ( 1 ) All interceptor chambers shall be immediately accessible at all times for the purpose of inspection and cleaning . At no time shall any material , debris , obstacles , or obstructions be placed in such a manner as to prevent access to the interceptor . ( 2 ) All interceptors shall be equipped with a sample chamber located at the downstream end of the interceptor . The sample chamber shall have a minimum 22 inch square clear opening for the temporary installation of the City ' s portable automatic sampling equipment . ( 3 ) Any interceptor legally and properly installed before the effective date of this ordinance shall be acceptable as an alternative to the interceptor specified herein , provided such interceptor is effective in removing floatable and settleable material and is so designed and installed that it can be inspected and properly maintained . ( 4 ) If the Director of Public Works finds that an interceptor is incapable of adequately retaining the floatable and settleable material in the wastewater flow , is structurally incomplete , or is undersized , he shall condem such interceptor and declare that it does not meet the requirements of this section and shall require the User to install , at the User ' s expense , an acceptable interceptor. ( b ) Interceptor Approval . If a gravity seperation interceptor is required , the Plumbing Official shall only approve plumbing plans which include an interceptor which meets the requirements of this section . ( c ) Interceptor Maintenance . Any person who owns , operates , or maintains a gravity seperation interceptor shall maintain it properly. It shall be cleaned as often as is necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor . The use of chemicals to dissolve grease is specifically prohibited . When an interceptor is cleaned , the accumulated sediment and floating material shall be removed and legally disposed of otherwise that to a sewer . An interceptor is not considered to be properly maintained of for any reason it is not in good working condition or if the operational fluid capacity has been reduced by more than 25% by the accumulation of floating and settled solids , oils , and grease . The owner of any facility required to install an interceptor , the lessee 19 and sub-lessee , if there be such , and any proprietor , operator or superintendent of such facility are individually and severally liable for any failure of proper maintenance of such intercrptor . If the interceptor is not properly maintained under the conditions of use , the Director of Public Works may require that the interceptor be resized and replaced . SECTION 2 . 15 Monitoring Facilities . The City may require , at the User ' s expense , installation and operation of monitoring facilities to allow inspection of discharge to the POTW, monitoring of wastewater quality , and collection of wastewater samples . The monitoringfacilities , including sampling anc monitoring equipment , shall be maintained at all times in a safe anc proper operating condition at the expense of the User . Monitoring facilities shall normally be situated on private property , but the City may , when such a location would be impractical , allow the facilities to be constructed in public right-of-way. There shall be ample room in or near any monitoring facility to allow installation of portable sampling and monitoring equipment by the Director of Public Works . Construction Drawings for proposed monitoring facilities shall be approved by the Director of Public Works prior to construction . The sampling and monitoring facilities shall be constructed in accordance with the City ' s requirements and all applicable local construction standards and specifications . Construction shall 'DI completed within 90 days following written approval by the Director of Public Works . SECTION 2 . 16 Flow Metering Facilities . All class I Users shall install a flow meter capable of measuring , recording , and totalizing the discharge ato the POTW on a continuous basis . The flow measuring equipment shall conform to the requirements of the Director of Public Works . SECTION 2 . 17 Inspection and Sampling The Director of Public Works shall inspect and sample each Significant Industrial User at least twice annually . The Director of Public Works may inspect facilities of any User to acertain whether the purpose of this Ordinance is being met and all requirements are being complied with . Persons or occupants of premises where non-domestic wastewater is created or discharged shall allow the Director of Public Works ready access at all reasonable times to all parts of the premises for the purposes of inspection , sampling , examination and copying of records , or performance of any of his duties . The Director of Public Works shall have the right to set up on the User ' s property such devices as are necessary to conduct sampling inspection , compliance monitoring , and/or metering operations . Where a User has security measures in force , which would require proper identification and clearance before entry into their premises , the User shall make necessary arrangement with 20 their security guards so that upon presentation of suitable identification , the Director of Public Works will be permitted to enter , without delay , for the purpose of performing specific responsibilities . SECTION 2. 18 Sampling and Analysis -Fee-Billing . ( a ) Sampling and analysis shall be at the expense of the User . The actual cost for laboratory analses reports and an administrative fee , shall be the obligation of the occupants of the premises where the wastewater is created or discharged . ( b ) The administrative fee shall be fixed by the City Manager based on the City ' s current overhead cost allocation percentage . ( c ) The expense to be paid by the User shall be billed and be payable the same as for other sewer-use charges SECTION 2 19 Confidential Information Information and data regarding a User , obtained from reports , questionnaires , permit applications , permits and monitoring programs , and from inspections , shall be available to the public or other governmental agencies without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the Director of Public Works that the release of such information would divulge information , processes , or methods of production entitled to protection as trade secrets of the User . . Wastewater constituents and characteristics will not be recognized as confidential information . When agreed upon by the Director of Public Works , portions of a report which might disclose trade secrets or secret processes shall not be made available upon written request to governmental agencies for users related to this Ordinance , the National Pollutant Discharge Elimination Systems ( NPDES ) Permit , or other State regulations , provided that such portions of a report shall be available for use by the State in judicial review or enforcement proceedings involving the User furnishing the report . SECTION 2. 20 Excessive Discharge . No User shall ever increase the use of the process water or , in any way , attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in Categorical Standards , or in any other pollutant -specific limitations developed by the City. SECTION 2 . 21 Reporting Potential Problems Including Slug Loading . If, for any reason , pollutants are discharged at a flow rate or concentration which might cause interference with the POTW or pass -through , or which might result in a violation or permit limits or hazard to City and/or POTW personnel and/or the public , the User shall verbally notify the Director of Public Works and POTW staff immediately The verbal report shall be followed by a written report submitted to the Director of Public Works within 24 hours . The User shall also collect a representative sample of the discharge and submit the analysis to the City within 30 day after the incident . 21 SECTION 2 . 22 Annual Public Notices . In February of each year , the Director of Public Works shall publish in the largest daily newspaper in the Service area , a list of all non-domestic Users which have significantly violated applicable Catergorical Standards or this Ordinance during the previous 12 months . A significant violation is any violation which remains uncorrected 45 days after notification of noncompliance , which is part of a pettern of noncompliance over a 12-month period , which involves a failure to accurately report noncompliance , or which resulted in the Director of Public Works exercising the emergency authority specified in Section 4. 6. SECTION 2. 23 Damage to City ' s Equipment o Facilities . Any unauthorized entering , breaking , damaging , destroying , uncovering , defacing , or tampering with any temporary or permanent structure , equipment , or appurtenance which is part of the POTW shall be a violation of the Ordinance . SECTION 2 . 24 Compensation for Unauthorized Discharges . Any User who discharges wastewaters which damage the POTW or monitoring equipment , detrimentally affect wastewater treatment processes , significantly increase POTW operation costs , require non- routine inspection and/or sampling , or result in any other damages including the imposition of fines or penalties on the City , shall be liable to the City for all damages and additional costs occasioned thereby . An administrative fee , which shall be fixed by the City Manager based on the City ' s current overhead cost allocation percentage , shall be added to these charges and shall be payable within 30 days of invoicing by the City. SECTION 2. 25 Charges . Charges for sewer use shall be established and revised periodically by resolution of the City of Grand Terrace . SECTION 2 . 26 City ' s Right of Revision . The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 1 . 0 of this Ordinance . SECTION 2 . 27 Appeal from Decisions . Decision , judgment , or findings made by the Director of Public Works , pursuant to this Ordinance may be appealed to the City Council . The City Council may ammend , modify , confirm , or reject any such decision , judgment , or finding ( including waivers ) provided the purpose and intent of this Ordinance is not violated . No appeal shall be made with respect to the specific ordinance requirements pertaining to quality , content , or method of disposal of wastewater that may be discharged , as contained in Sections 2 . 2 , 2 . 3 , 2. 4. SECTION 2 . 28 Interpretation . The provisions of this Ordinance are to be reasonably interpreted . It is the intent herein to recognize that there are varying degrees of hazard to surface and underground waters and to apply the principal that the 22 degree of protection should be commensurate with the degree of hazard . SECTION 2 . 29 Severability. If any provision , paragraph , word , section , or article of this Ordinance is invalidated by any court of competent jurisdiction , the remaining provisions , paragraphs , words , sections , and chapters shall not be affected and shall continue in full force and effect . III PERMITS SECTION 3 . 0 Wastewater Discharge Permits . All class I and Class II Users and those Class III Users so notified by the Director of Public Works which propose to connect to or contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. SECTION 3. 1 Permit Applications . Users required to obtain a permit shall complete and file with the Director of Public Works an application in a form prescribed by him and submit any required application , filing , or permit fee . Applicable fees shall be established by resolution of the Grand Terrace City Council . Existing Class I and Class II Users who do not have permits shall apply for a permit within 60 days after the effective date of this Ordinance . New Class I and Class II Users shall apply for a permit at least 90 days prior to connecting to or contributing to the POTW. Class III Users shall apply for a permit within 30 days after receiving notification from the Director of Public Works . The following information may be required with the permit application ( a ) Name , address , and location ( if different from the address ) , ( b ) SIC number according to the Standard Industrial Classification Manual , Bureau of the Budget , 1987 , as amended . ( c ) Wastewater constituents and characteristics , as determined by a State certified analytical laboratory using approved analytical methods and sampling procedures in accordance with 40 CFR 136 and 40 CFR 403. 12 ( b ) ( 5 ) , including but not limited to , those referred to in Section 2. 2 of this Ordinance and Exhibits "A" and " B" attached thereto , ( d ) Time and duration of discharge ( s ) , ( e ) Average daily , peak daily , and 15-minute peak wastewater flow rates , including daily , monthly , and seasonal variations if any , 23 ( f ) Site plans , floor plans , mechanical and plumbing plans , including details showing all sewers , sewer connections , treatment facilities , and appurtenances by the size , location , and elevation , certified by a Civil Engireer registered in the State of California , ( g ) An 8 1/2 " x 11 " process flow schematic diagram, certified by a Civil Engineer registered in the State ( h ) Descriptions of activities , facilities , and plant processes on the premises including all materials which are or could be discharged , ( i ) Number and Type of employees , and hours of plant operation , and proposed or actual hours of pretreatment system operation , ( j ) A time schedule for compliance with any Ordinance provisions or Categorical Standards for which immediate compliance is not possible . ( k ) A list or any enviornmental control permits held by or for the User ' s facility , and a copy of the San Bernardino County "Business Plan " whichn address the location , type , and quantity of hazardous materials handled by the User . ( 1 ) Any other information as may be deemed by the Director of Public Works to be necessary to evaluate the discharge to ethe POTW. After evaluation and acceptance of the data , the Director of Public Works may issue a Wastewater Discharge Permit subject to terms and conditions provided in this Ordinance . SECTION 3 . 2 Permit Modifications . Within 3 months of the promulgation of a Categorical Standard , permits for Users subject to such Standards shall be revised to require compliance within the time frame prescribed by such Standard . Where an affected User has not previously submitted an application for a permit as required by 3 . 1 , the User shall apply within 180 days after the promulgation of the applicable Categorical Standard . In addition , Users with existing permits shall submit to the Director of Public Works , within 180 days after the promulgation of an applicable Categorical Standard , the information required by paragraph (j ) of Section 3. 1 of this Ordinance . The terms and conditions of the permit may be subject to modification by the Director of Public Works during the term of a permit if limitations or requirements , as referenced in Section 2. 2 , are modified or other just cause exists . The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change . Any changes or new conditions in a permit shall include a reasonable time schedule for compliance . 24 SECTION 3 . 3 Permit Contents . Non-domestic wastewater discharge permits shall be expressly subject to all provoisions of this Article and all other applicable regulations , charges and fees established by City resolution or ordinance . Permits shall contain at least the following ( a ) Statement of permit duration . ( b ) Statement of permit non-transferability. ( c ) Limitations on the average and/or maximum wastewater constituents and characteristics . ( d ) Specifications for monitoring programs which may include pollutants to be monitored , sampling location ( s ) , frequency of sampling , sampling types , number , types and standards for tests , and reporting schedule , and may include Total Toxic Organic ( TTO ) monitoring . ( e ) Statement of applicable civil and criminal penalties for violation or pretreatment standards and requirements . ( f ) Compliance Time Schedule ( s ) where required . Permits may also contain the following ( a ) The unit charge or schedule of User charges and fees for the wastewater discharged to the POTW. ( b ) Schedule of penalty fees for noncompliance . ( c ) Limitations on the average and/or maximum flow rates . ( d ) Requirements for installation and maintenance of spill containment systems . ( f ) Requirements for submission of technical or discharge reports . ( g ) Requirements for maintaining and retaining plant records relating to the wastewater discharge as specified by the Director . ( h ) Requirements for notification of slug or accidental discharges , and/or discharges of hazardous waste . ( i ) Requirements for submittal of slug control plans and/or solvent management plans . (j ) Other conditions as deemed appropriate by the Director to ensure compliance with this Article . SECTION 3. 4 Permit Duration . Permits shall be issued for a specific time period , not to exceed three ( 3 ) years , 25 and shall be stated to expire on a specific date . The User shall apply for permit reissuance a minimum of 180 days prior to the expiration of the User ' s existing permit . SECTION 3. 5 Permit Transfer . Permits are to be issued to a specific User for a specific operation . A permit shall not be reassigned , transferred , or sold to a new owner or User , different premises , or new or changed operation . SECTION 3. 6 Reporting Requirements . In addition to reporting potential problems ( se section 2 . 21 ) , Users may be required to submit one or more of the following types of reports to the City ( a ) Self-Monitoring reports Permittees shall submit periodic self-monitoring reports in accordance with permit requirements . All required analyses shall be performed by a State Certified Laboratory using approved analytical methods . Significant Industrial Users shall submit self-monitoring reports at least once every six months . ( b ) Categorical Standards Compliance Reports Users subject to promulgated Categorical Standards shall submit initial Baseline Monitoring Reports ( BMR ' s ) and periodic compliance reports , and , if applicable , schedule compliance reports and final compliance reports . Categorical Standards Complianc Reports must be signed by an authorized representativ of the Industrial User . Signature shall accompany the following certification statement " I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted . Based on my inquiry of the persons directly responsible for gathering the information , the information submitted is , to the best of my knowledge and belief , true , accurate , and complete . I am aware that there are significant penalties for submitting false information , including the possibility of fine and imprisonment for knowing violations " . 1 . Initial Baseline Monitoring Reports shall be submitted by Users subject to promulgated Categorical Standards . New Sources shall submit a Baseline Monitoring Report at least 90 days prior to commencement of discharge . Baseline Monitoring Reports shall include all information listed in Section 3. 1 , and shall include a statement , reviewed by an authorized representative of the 26 Industrial User and certified by a qualified professional , indicating whether Pretreatment Standards are being met on a consistent basis , and , if not , whether additional operation and maintenance and/or additional pretreatment is required for the User to meet all Pretreatment Standards and all other requirements specified in this orainance . If immediate compliance with the Cetegorical Standard is not possible and additional pretreatment or operation and maintenance is necessary , the report must specify the shortest time necessary to achieve compliance . The competion date must not be later than that specified in the applicable Categorical Standards . New Sources must meet all applicable Pretreatment Standards within 90 days of commencing discharge . 2 . Schedule compliance reports shall be submitted at the completion of all major events necessary to achieve full compliance with Categorical Standards , but not less frequently than 9 months Schedule compliance reports must be submitted within 14 days of a milestone date . 3 . Final Compliance Reports shall be submitted within 90 days of achieving compliance with Categorical Standards . Final Compliance Reports from New Sources must be submitted immediately after the facility commences discharge . Final Compliance Reports shall include all information contained in a Baseline Monitoring Report . 4. Periodic Compliance Reports shall be submitted , as a minimum , during June and December of each year unless required more frequently by the Director of Public Works . The reports shall commence after full compliance with Categorical Standards has been achieved , Sampling for Periodic Compliance Reports shall be performed during the period covered by the report . The reports must include all monitoring data specified in the applicable Categorical Standard , and any additional monitoring data obtained by the User during the period covered by the report . Analyses shall be performed by a State Certified laboratory using approved analytical methods . Sampling shall be performed in accordance with 40 CFR Part 136 and 40 CFR 403. 12 ( b ) ( 5 ) . ( c ) Upset Reports . In the event of an exceptional incident , causing unintentional and temporary noncompliance with Categorical Standards , the User shall submit a written report to the POTW within 24 hours of becoming aware 27 of the upset in accordance with 40 CFR 403. 16 . ( d ) Solvent Management Plans . All Industrial Users subject to promulgated Categorical Standards which include a Total Toxic Organic ( TTO ) limitaion shall be required to file a Solvent Management Plan . The Director of Public Works may also require other Users to submit Solvent Management Plans where , in his judgement , said plan is necessary to assure proper containment and disposal of solvents . ( e ) Slug Discharge Control Plans All Industrial Users so required by the Director of Public Works shall file a Slug Discharge Control Plan . The plan shall contain at least the following elements 1 . Description of discharge practice , including nonroutine batch discharges , 2 . Descriptions of stored chemicals , 3 . Procedures for prompt verbal notification of the City slug discharges , including and discharge that would violate a specific prohibition under section 26-18. 2 or 40 CFR 403 . 5 ( b ) , and procedures for follow-up written notification to the Director of Public Works within 24 hours , 4. If necessary , procedures to prevent adverse impact from accidental spills , including inspection and maintenance of storage areas , handling and transfer of materials , loading and unloading operations , control of plant site run -off , worker training , building of containment structures or equipment , measures for containing toxic organic pollutants ( including solvents ) , and/or measures and equipment for emergency response , and 5. If necessary , follow-up practices to limit the damage suffered by the POTW or the enviorment . ( f ) Notification of Hazardous Waste Discharge . All Industrial Users shall notify the City , the EPA Regional Waste Management Division Director , and State hazardous waste authorities in writing of any discharge into the POTW of a substance , which , if otherwise disposed of , would be classified a hazardous waste pursuant to 40 CFR Part 261 . Such notification must include the name of the hazardous waste number , and the type of discharge ( continuous , batch , or other ) . If the Industrial User discharges more than 100 kilograms of such waste per calendar month to the POTW , the notification shall also contain the 28 following information to the extent such information is known and readily available to the Industrial User , an identification of the hazardous constituents contained in the wastes , an estimation of the mass and concentration of such constituents in the wastestream discharge during the calendar month , and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months . The above required notifications must take place by February 19 , 1991 for all Industrial Users who commence discharging on or before August 23 , 1990. Industrial Users who commence discharging after August 23 , 1990 shall provide the notification no later than 180 days after the discharge of the hazardous waste . Any notification under this section need be submitted only once for each hazardous waste discharge . However , notifications of changed discharges must be submitted in accordance with 40 CFR 403. 12 ( j ) . Thehazardous waste discharge notification requirements specified herein do not apply to pollutants already reported under the self-monitoring requirements of parts ( b ) and ( d ) of theis section . Industrial Users are also exempt from the above requirements during a calendar month in which they discharge no more than 15 kilograms of hazardous waste , unless the wastes are acute hazardous wastes as specified in 40 CFR 261 . 30( d ) and 261. 33( e ) . Discharges of more than 15 kilograms of non-acute hazardous wastes as specified in 40 CFR 261 . 30( d ) and 261 . 33 (e ) , require a one-time notification . Additional notification is not required for subsequent months during which the Industrial User discharges additional quantities of the same non-acute hazardous waste . In the case of new Federal regulations under Section 3001 of RCRA identifying any additional characteristics of hazardous or listing any additional substance as a hazardous waste , the Industrial User shall notify the City , the EPA Regional Waste Management Division Director , and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations . In the case of any notification made under these requirements , the Industrial User shall certify that it has a program in place to reduce the volume or toxicity of hazardous wastes generated t the degree it has determined to be economically practical . 29 ( g ) Any other reports required by California State Law , including such reports as are required by Chapter 6. 95 of the California Health and Safety Code . IV . ENFORCEMENT SECTION 4. 0 Notification of Violation . Whenever the Director of Public Works finds that any User has violated any provision in this Ordinance or a Wastewater Discharge Permit , the Director of Public Works may serve upon such User a written notice stating the nature of the violation . Within a prescribed period specified in the notice , the User shall submit to the Director of Public Works a plan indicating the cause of the violation , tl corrective actions which will be taken to prevent reoccurrence anc _ if required in the notice , a proposed compliance time schedule indicating the dates those corrective actions will be completed . SECTION 4. 1 Compliance Time Schedule . The Director of Public Works may issue a compliance time schedule submitted by a User , or may adopt a revised compliance time schedule if , in the judgement of the Director of Public Works , the proposed compliance time schedule is unreasonable . The Directoe of Public Works will notify the User of the Adopted Compliance Time Schedule in antimely manner . SECTION 4. 2 Stop Work Orders . The Director of Public Works may serve a written stop work order on any person ( s ) engaged in doing or causing to be done new construction , tenant improvements , alterations , or sdditions , if ( a ) No permit has been granted by the City. ( b ) Work has begun without prior written approval by the Director of Public Works . ( c ) Violations of this Chapter are found at the site of the new construction , tenant improvements , alterations , or additions . All person ( s ) served a stop work order shall forthwith stop such work until authorized in writing by the Director of Public Works . SECTION 4. 3 Cease and Desist Order . When the Director of Public Works finds that any User has violated or threatens to violate any provision of this Ordinance or Wastewater Discharge Permit , the Director of Public Works may issue a Cease and Desisst Order directing the User to , ( a ) Comply immediately and , ( b ) Comply in accordance with a time schedule specified in the Cease and Desist Order . A cease and desist order may include modifications in the frequency and extent of monitoring , testing , and submission of selfmonitoring 30 reports . SECTION 4. 4 Termination of Service . When the Director of Public Works finds that any User has violated an Administrative Order , the Director of Public Works may suspend or revoke the User ' s permit and terminate sewer service to that User . The User shall be liable for all costs for termination of sewer service incurred by the User and the City . This provision is in addition to other statutes , rules , or regulations authorizing termination of service for delinquency in payment , or for any other reason . . Sewer service shall be reinstituted by the Director of Public Works t' after the User has complied with all provisions in the Administrative Order . The user shall be liable for all costs for reinstituting sewer service . SECTION 4 . 5 Immediate Termination of Service . The Director of Public Works may immediately suspend wastewater treatment service and any Wastewater Discharge Permit when such suspension is necessary , in the opinion of the Director of Public Works , to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons , the enviorment , or causes interference to the POTW. Any User notified that wastewater treatment service and any Wastewater Discharge Permit has been suspended , shall immediately stop and eliminate the applicable contributions to the POTW. In the event of failure to comply voluntarily with the suspension order , the Director of Public Works shall take steps as deemed necessary including immediate severance of the sewer connection . The User shall be liable for all costs incurred by the City in terminating sewer service . Sewer service shall be reinstituted by the Director of Public Works after the actual of threatened discharge has bee eliminated . A detailed written statement , submitted by the user , describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Director of Public Works within 15 days of the date of sewer termination . SECTION 4. 6 Criminal Penalties . Any person , firm or corporation who willfully violates any provision of this ordinance or permit condition or who knowingly violates any stop work order , cease and desist order , prohibition or effluent limitation , is guilty of a misdemeanor , which , upon conviction , is punishable by a fine not to exceed one thousand dollars ( $1 , 000. 00 ) or by imprisonment for a period of not more than six ( 6 ) months , or by both such fine and imprisonment . Each such person , firm or corporation , and shall be punishable for that violation as provided by this section . SECTION 4. 7 Legal Action . If any person , firm or corporation violates any provisions of its wastewater discharge permit , this Ordinance , Federal or State pretreatment requirements , 31 or any order of the City , the City Attorney may petition the Superior Court of San Bernardino County for appropriate legal , equitable or injunctive restraining order , preliminary injunction , or anyy or all of these , as may be appropriate to prevent the continuance of such violation . In addition to the penalties provided herein , the Director of Public Works may recover reasonable attorney fees , court costs , court reporters fees and other expenses of litigation by appropriate suit of law against the person , firm or corporation found to have violated any of the provisions of this chapter or the orders , rules , regulations , and permits issued thereunder . SECTION 4. 8 Monetary Penalties . ( a ) Civil Penalties Any User who violates a Cease and Desist Order or who fails to comply with any provision of this Ordinance , or any Wastewater Discharge Permit issued hereunder , may be fined One Thousand Dollars ( $ 1 , 000. 00 ) for each for each offense . Each violation shall be deemed a seperate and distinct offense . In addition to the monetary penalties provided herein , the City shall recover reasonable attorney ' s fees , court costs , court reporters ' fees , administrative expenses , and other expenses of litigation by appropriate suita against the User found to have violated this Ordinance , a Cease and Desist Order , or a permit issued hereunder . ( b ) Falsifying Information Any person who knowingly makes any false statements ,- representation , or certification in any applacation , record , report , plan , or other document filed or required to be maintained pursuant to this Ordinance or Wastewater Discharge Permit , or who falsifies , tampers with , or knowingly causes inaccurarcy in any monitoring device or method required or authorized under this Ordinance , may , upon conviction , be punished by a fine of not more than one thousand dollars ( $1 , 000. 00 ) or by imprisonment for not more than six ( 6 ) months , or by both . V. ADOPTION SECTION 5 . 0 Effective Date - Annexations . Wherever in this Ordinance time limits are established or periods of compliance or extensions thereof are specified , the commencement date for computing such periods or time limits for areas annexed to the City of Grand Terrace subsequent to anactment of this Ordinance shall be the official annexaction date . This section shall have no application to firms or industries established in annexed areas susequent to the annexation date . 32 SECTION 5 . 1 Effective Date - City of Grand Terrace . The Mayor shall sign this Ordinance and the Deputy City Clerk shall attest thereto , and it shall become effective in the City of Grand Terrace thirty ( 30 ) days after adoption . SECTION 5. 2 Conflicts . All ordinance or portions of ordinance in conflict herewith , and specifically Ordinance No . 72 are hereby repealed . PASSED , ADOPTED , AND APPROVED this day of , 1991 . ATTEST BYRON R. MATTESON DEPUTY CITY CLERK MAYOR 33 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss . CITY OF GRAND TERRACE ) I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , California , DO HEREBY CERTIFY that the foregoing ordinance was duly adopted by the City Council of said City and was approved by the Mayor of said City at a regular meeting of said City Council held on the day of , 1991 , and that it was so adopted as follows AYES NOES ABSENT ABSTAIN Deputy City Clerk of the City of Grand Terrace and of the City Council thereof. 34 EXHIBIT "A" Toxic Pollutants Maximum Concentration ( mg/1 ) Arsenic 0 . 5 Barium 6 . 3 Beryllium 245 Cadmium 0. 05 Chromium , Total 2. 8 Cobalt 1 . 2 Copper 0. 9 Cyanide 0 . 6 r Iron 13. 8 Lead 1 . 2 Manganese 0. 4 Mercury 0 . 09 Nickel 0 . 85 Phenol 24. 8 Selenium 0. 10 Silver 1 . 9 Zinc 1 . 5 1 , 2 Dichlorobenzene 3. 2 1 , 4 Dichlorobenzene 0. 03 Methylene Chloride ( Dichloromethane ) 0 . 3 Toluene 1 . 2 35 EXHIBIT " B" General Pollutants Maximum General Pollutants (mg/1 ) Biochemicl Oxygen Demand ( BOD ) 300 Total Suspended Solids ( TSS ) 300 Total Oil and Grease 250 Total Nitrogen* 19. 0 Filterable Residue ( @ 180°C ) 1 , 100 Sodium 235 Chloride 305 Sulfate 275 Total Hardness ( as CaCO3 ) 360 Boron 3. 1 Fluoride 3 . 7 *Only applies to non-domestic wastewater . 36 DATE June 11 , 1991 STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX ) MEETING DATE JUNE 13 , 1991 SUBJECT DESIGNATE "TWO-HOUR" PARKING ON EAST SIDE OF MT 4'2. ' VERNON , NORTH OF BARTON ROAD TO 11965 MT VERNON FUNDING REQUIRED NO FUNDING REQUIRED XX Staff at the meeting of 5/23 , commended Council to make the area on the East side of Mt Vernon , from 11931 to 12043 Mt Vernon , limited to two-hour parking City Council directed staff at that time to contact the ten homeowners that will be effected by the parking restrictions The residents were notified that this issue would be discussed by the City Council at the meeting tonight Staff has received phone comments from four of the ten property owners All were in favor of the two-hour parking One resident went as far as to say that she would like to see the area made "No-Parking" STAFF RECOMMENDS CITY COUNCIL DESIGNATE THE EAST SIDE OF MT VERNON AVENUE FROM 11931 TO 12043 , "TWO-HOUR PARKING" , MONDAY- FRIDAY , BETWEEN THE HOURS OF 8 00 A M AND 5 00 P M TS ma ,,\-/o Planning GRAND TERRACE Department "• ,.1. TO City Council FROM Maria C Muett, Acting Commumty Development Director DATE June 13, 1991 SUBJECT File No and Request SP-91-01, GP-91-01, Z-91-02 and E-91-02 An amendment to the Barton Road Specific Plan, General Plan Land Use/Map and Zomng, Environmental Review of the proposed project APPLICANT City of Grand Terrace LOCATION The planning area encompasses approximately a 13 mile long corridor along Barton Road extending from the Riverside Freeway (Interstate 215) on the west to the intersection of Barton Road and Victoria Street on the east Major intersection streets include, from west to east, Michigan Street, Mt Vernon Avenue, and Preston Street ********************************************************* DISCUSSION The amendments to the Barton Road Specific Plan, Section IIIB Land Use Category and Map, and Section IV-I Sign Category, the General Plan Land Use/Map and Zoning District Map was approved and first read at the May 23, 1991 City Council Meeting Staff is before you this evemng for the second reading (Attachments A and B) Respectfully Submitted, Maria C Muett, Acting Community Development Director COUNCIL AGENDA ITEM# '7 A 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING AMENDMENT SP-91-01, GP-91-01 AND E-91-02 AMENDMENT TO THE BARTON ROAD SPECIFIC PLAN AND GENERAL PLAN LAND USE/MAP AND ASSOCIATED NEGATIVE DECLARATION WHEREAS,the City Council approved a revised General Plan on December 8, 1988, { and WHEREAS, the proposed General Plan Land Use Map Amendment, GP-91-01, set out in full in Exhibits A and B in accordance with the General Plan, and WHEREAS, the Specific Plan Amendment (SP-91-01), set out in full in Exhibits A,B and D included minor modifications to the following sections of the Barton Road Specific Plan and in accordance with the General Plan III, B Land Use Categories and Map - APN# 275-242-01 removed from the Specific Plan Area IV,I Signs - Change to allow Site and Architectural REview Board greater discretion in approving signs WHEREAS, in accordance with the provisions of the California Environmental Quality Act, a Negative Declaration (Exhibit C) has been prepared for this project and this Negative Declaration has been considered by the Planning Commission and the City Council This Negative Declaration is available for review at the City Planning Department, and WHEREAS, the Planning Commission held a properly noticed public hearing on April 18, 1991 and continued this project to May 16, 1991, and WHEREAS, the Planning Comnussion at its meeting on Thursday, May 16, 1991 recommended to the City Council that the proposed Barton Road Specific Plan Amendment (SP-91-01) and General Plan Land Use/Map Amendment (GP-91-01) set out in full in the attached Exhibits A,B and D which amends Chapter 18 20 (Barton Road Specific Plan) be approved and adopted by the City Council ATTACHMENT A WHEREAS, the City Council held a properly noticed public hearing on April 25, 1991 on SP-91-01, GP-91-01 and E-91-02 was continued, and WHEREAS, the City Council held a properly noticed public hearing on May 23, 1991 on SP-91-01, GP-91-01, and E-91-02, and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS Section 1 The proposed General Plan Amendment No GP-91-01 and Barton Road Specific Plan Amendment No SP-91-01 set out in full in Exhibits A, B and C is approved and adopted by the City Council Section 2 The Negative Declaration on file in the Planning Department of the City of Grand Terrace, E-91-02, is hereby approved Section 3 Effective Date This Ordinance shall be in full force and effect at 12 01 a m on the 31st day of its adoption Section 4 Posting The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council Section 5 First read at a regular meeting of the City Council of said City held on the 23rd day of May, 1991 and finally adopted and ordered posted at a regular meeting of said City Council on the 13th day of June, 1991 ATTEST Deputy City Clerk of the City Mayor of the City of of Grand Terrace and of Grand Terrace and of the the City Council thereof City Council thereof I, BRENDA STANFILL, Deputy City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of June, 1991 by the following vote AYES NOES ABSENT ABSTAIN Deputy City Clerk Approved as to form City Attorney .;.st,� F R �A11111111, , D R i M Q ------ 0 4 Ifr i A 114,0,1 - Il/ A z VICTORIA ST .t 60 . . wit, Ar ,_ . ..,r a„., ill +,304 II 0 1 k`P•ic --1. 401, -11- bk.'1‘ .. ...i. ),),s. 1,11 , ..?_______ oC ;16. fk A r.,),,,.... , lip /\<<„ -).-c-0,44 CARHART AVE O . . . IN. a ..,i, 04,4 CD GRAND ,,PCB PINES a DR 01µpNA TERRACE Q �j ELEMENTARY \ / 0 1<</ [- .61$ SCHOOL 7.4R RE bR $T 0111 e ITT /Y gg � _ - --- 4W r 10,e'' u, �'Q. PALM . r r,�� - -- GC i._ --1 I • CP G CL —L. k__-] Pu DR -T� — I 1 1 ��J U1 LLL1.L CENTER CITY CT'• • j / Gal r1 TT • w a I,I,II�III 1m-�flfl ' - )1 — M L I _L �-� — - __a— r t - l+ La PAIR (RAH LN. _— - ` r F-- ____T- io D. S OTO T__ _�ST 1 1 l �_L - �Da SOTO ST O�T I I - w D� SIt0TO I ST 1 w - - I --- --`-- —- - N W _— 3�� 1_ i I --�� _ � �_ L_I _i_L_� I --1- MI K..)Y - ! � D TERRACE HILLS L --I ± [ : _: PL — -- JR HIGH\.. D F�./4 � � r-'- F'UB LL ±_1 --- EXHIBIT A EXISTING GP LANDUSE -1 Z 4 N t' allR y ' �ADR , �F -- MD -- -- Y � t` ,FHO44,#41 VICTORIA ST i .11,A VIC �■ r a I 6" omit*MI may,-,411 \�4 ,\.\ - ,:kk. .1 434. , � 4t I i p G `..p1141101" -c- /14 CARHART AVE ig -, • • .. 015 IN lZcc PPP' E iira Q plS Cr GRAND % NEDR CC-PRE `g o vJ TERRACE IE - - 4�` ELEMENTARY ' M NR. i�' .,- T ,�� -BRITTON WY _- SCHOOL , Ogg \ �� s -___ PFB 0 in W - ■r . 11,41°‘ CC 1 16-0A" ... PALM I -- G C L ri 1._ I w _ 1 cr II / I L. " Z;PU:., I DR ---_-_- - --- IlLUALI-1 m rr�TT �11 l( CENTER CITY CT • w N , c,„.... - 3 I M-1-1-n M1111 Vir i _ _ I - - - r-< - II Lo PAIX —� U _ W r _Q -_-- __ I F - �a 1 T I I 3T ° _- ui I f Ini 1 I L_L _ _-- - �D¢ SOTO ST o/�Dt ISOi OI ,W De,SOTO 1 I ST J T 1 .moo <L 1 1 1 1 1____ g_.4 i I - CC CC lifflaws MP L WW K7 w ll> -- I M D J TER- • k\ - - - FU MA PL ; - - JR NIGH SC- I P �HlOOL 1 r . _ �_e � _��,.�. h_ L A N D lJ� EXHIBIT 3 PR�OPOS '— D GP CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY I Background 1 Name of Proponent City of Grand Terrace 2 Address and Phone Number of Proponent City of Grand Terrace 22795 Barton Road, Grand Terrace, CA 92324-5295 Attention David Sawyer, Planning Director 3 Date of Environmental Assessment 4 Agency Requiring Assessment City of Grand Terrace �►�EHoVAL of OAJE Goni,nEieCIA/-GOT (Mt,27S��/�-�l E�J!_L FRo,4 64 roA) RO,4A SPEc/Fie p[Au /l 5 Name of Proposal, if applicable-oma6e -rbAzi.40 Stye 1 Atidtcti KEuleuijrccr6ard1u•.e&Oai 3p 4! ufprrx /625i a.,�d Change /n�/�-7�••vnz` tc�,(cr�dee? F/c¢7'ion n S�gS c 6 Location of Proposal _�`t��fa3t//3 �c ci-4e,eE,/ A-ivDusz= C4-I4-06eyN4P - ALL Pii-o194a-61eS /oc47`•e--D a/onf B 9 7 /7 RoaD 6rc`�e c-.�'7'-7(- 2-/ al ,W vie7- f4 s77t¢27- - 5/a1J CR'A/-16E Il Environmental Impacts (Explanations of all "yes" and "maybe" answers are provided on attached sheets ) Yes Maybe No 1 Earth Will the proposal result in a Unstable earth conditions or in changes in geologic substructures? b Disruptions, displacements, compac- tion or overcovering of the soil7 c Substantial change in topography or ground surface relief features? X d The destruction covering or modi- fication of any unique geologic or physical features? e Any substantial increase in wind or water erosion of soils either on or or off site7 EXHIBIT C Yes Maybe No f Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? __ 2 Air Will the proposal result in a Substantial air emissions or deterior- ation of ambient air quality? b The creation of objectionable odors? — �( c Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? 3 Water Will the proposal result in a Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? b Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? c Alterations to the course or flow of flood waters' d Change in the amount of surface water in any water body" e Discharge into surface waters, or in any alteration of surface water qual- ity, including, but not limited to, temperature, dissolved oxygen or turbidity' Xl f Alteration of the direction or rate of flow of ground waters? Yes Maybe No g Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through inter- ception of an aquifer by cuts or excavations? h Substantial reduction in the amount of water otherwise available for public water supplies? X i Exposure of people or property to water related hazards such as flood- ing or tidal waves? 4 Plant Life Will the proposal result in a Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? - x b Reduction of the numbers of any unique, rare, or endangered species of plants? X c Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenish- ment of existing species? n d Substantial reduction in acreage of any agricultural crop? 5 Animal Life Will the proposal result in a Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects) ? X b Reduction of the numbers of any unique,rare or endangered species of animals? c Deterioration to existing fish or wildlife habitat? X .==•_^�-_� ----� Yes Maybe No 6 Noise Will the proposal result in a Increases in existing noise levels? b Exposure of people to severe noise levels? _ x 7 Light and Glare Will the proposal produce substantial new light or glare? _ X 8 Land Use Will the proposal result in a substantial alteration of the present or planned land use of an area7 9 Natural Resources Will the proposal result in a Substantial increase in the rate of use of any natural resources? _ �( b Substantial depletion of any non- renewable natural resource? 10 Risk of Upset Will the proposal involve a A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions' b Possible interference with an emerg- ency response plan or an emergency \� evacuation plan7 I� 11 Population Will the proposal alter the location, distribution, density, or growth rate of the human population of an area7 - - X 12 Housing Will the proposal affect existing housing or create a demand for additional housing? 13 Transportation/Circulation Will the pro- proposal result in a Generation of substantial additional vehicular movement? .� '=mac _ _`_'ter _ ---�-• '-^ �� Yes Maybe No b Effects on existing parking facili- ties, or demand for new parking c Substantial impact upon existing transportation systems? d Alterations to present patterns of circulation or movement of people and/or goods? e Alterations to waterborne, rail or air traffic? f Increase in traffic hazards to motor vehicles, bicyclists or pedestrians 14 Public Services Will the proposal have substantial effect upon , or result in a need for new or altered governmental services in any of the following areas a Fire protection7 b Police protection? c Schools? d Parks or other recreational faci- lities? (X` e Maintenance of public facilities, including roads? f Other governmental services? x 15 Energy Will the proposal result in a Use of substantial amounts of fuel or energy7 b Substantial increase in demand upon existing sources of energy, or re- quire the development of new sources of energy7 16 Utilities Will the proposal result in a need for new systems, or substantial alterations to the following utilities a Power or natural gas7 Yes Maybe No b Communications systems' c Water' d Sewer or septic tanks? e Storm water drainage' f Solid waste and disposal' 17 Human Health Will the proposal result in a Creation of any health hazard or potential health hazard (excluding mental health)' b Exposure of people to potential health hazards' 18 - Aesthetics Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthet►cally offensive site open to public view' 19 Recreation Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities' — - 20 Cultural Resources a Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeo- logical site' XI b Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object' K c Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values' Yes Maybe No d Will the proposal restrict exist►ng religious or sacred uses within the potential impact area? /K 21 Mandatory Findings of Significance a Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? b Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environ- mental goals? (A short-term impact on the environment is one which oc- curs in a relatively brief, definitive period of time while long-term impacts will endure well into the future ) tg— c Does the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be relatively small , but where the effect of the total of those impacts on the environment is significant ) d Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? =17- ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect in this case because the mitigation measures described on attached sheets have been added to the project A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required David Sawyer Planning Dwector — L. ====. Dateignatur For City of Grand Terrace III DISCUSSION OF THE ENVIRONMENTAL EVALUATION 8 In the Barton Road Specific Plan District, the proposed landuse change will eliminate one lot from the General Commercial Subarea This change will blend the one lot in with the surrounding Zone District, Medium Density Residential, R2 This change is mitigated in the Master Environmental Analysis for GP-87-04 i c No flags or pennants of any type may be utilized to draw attention to any use or structure on a permanent basis Colored flags which contain no writ- ing, insignia or logos may be displayed 2 times per year for periods not to ex- ceed 30 days This does not preclude the the display of national, state, or local government flags or other flags, pennants, or banners which may be erected by the City d The area of a wall sign or logo with individual letters shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol e The area of a monument-type sign shall be measured by a rectangle around the outside of individual backlit lettering or around the perimeter of a can-type sign The first 2 feet of the supporting structure adjacent to the sign area rectangle need not be counted as contributing to the total permitted s area However, this shall not allow any part of a monument sign to extend - above the permitted height for the district in which it is located f Each monument sign shall be located within a planted landscaped area which is of a shape and design that will provide a compatible setting and ground definition to the sign, incorporating the following ratio of landscape area to total sign area Monument Four (4) square feet of landscaped area for each square foot of sign area (one side only) Directory Two (2) square feet of landscaped area for each square foot of sign area g Planning review shall be required prior to the placing, erecting, moving or ' reconstructing of any sign in the City, unless expressly exempted * h The Site and Architectural Review Board may approve a sign which does not strictly adhere to the provisions of this Chapter if it is in harmony with the public welfare and I I aesthetics of the surrounding neighborhood „ I II 1 l; 4 SIGN REGULATIONS MATRIX The Sign Regulations by Land Use District matrix, Table 2, provides sign regulations applicable to the Specific Plan area BRSP SIGN CATEGORY BARTON ROAD CORRIDOR SPECIFIC PLAN DEVELOPMENT REGULATIONS' 22 I EXHIBIT D - ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA. ADOPTING AMENDMENT Z-91-02, CHAPTER 18 20 REMOVING ONE PARCEL IN THE BARTON ROAD SPECIFIC PLAN ADDING TO THE R2 ZONE DISTRICT AND ITS ASSOCIATED NEGATIVE DECLARATION (E-91-02) WHEREAS, the City Council approved a revised General Plan on December 8, 1988, and WHEREAS, the City Council approved a revised Zoning Amendment, Z-90-01, establishing the Barton Road Specific Plan (SP-90-01) as an independent zoning district (BRSP), and WHEREAS, the proposed Zoning Amendment, Z-91-02, set out in full in Exhibits A and B, herein removes one parcel (#275-242-01) from the Barton Road Specific Plan Zone District (SP-91-01) and places into the R2 Zone, Low Medium Density Residential amending Chapter 18 20 of Title 18 in the Grand Terrace Municipal Code, and WHEREAS, the proposed Zoning Amendment, Z-91-02 amends the City's Zoning Map as indicated on Exhibit B, and WHEREAS, the City's Zoning Districts shall be in accordance with the General Plan, and WHEREAS, in accordance with the provisions of the California Environmental Quality Act a Negative Declaration has been prepared for this project and this Negative Declaration has been considered by the Planning Commission and the City Council This Negative Declaration is available for review at the City Planning Department, and WHEREAS, the Planning Commission held a properly noticed public hearing on April. 18, 1991 and continued to May 16, 1991, and WHEREAS, the Planning Commission at its meeting on Thursday, May 16, 1991 recommended to the City Council that the proposed Zoning Ordinance Amendment No Z- 91-02, which amends Chapter 18 20 (SP-91-01 Barton Road Specific Plan Amendment) be approved and adopted by the City Council ATTACHMENT B WHEREAS, the City Council held a properly noticed public hearing on April 25, 1991 on SP-91-01, GP-91-01, Z-91-02 and E-91-02 continued, and WHEREAS, the City Council held a properly noticed public hearing on May 23, 1991 on SP-91-01, GP-91-01, Z-91-02 and E-91-02, and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 The proposed Zomng Ordinance Amendment No Z-91-02 set out in full in the attached Exhibit A and C, which amends Chapter 18 20 (Barton Road Specific Plan) and Zomng District Map is approved and adopted by the City Council SECTION 2 E-91-02 - The Negative Declaration on file in the Planning Department of the City of Grand Terrace for the Barton Road Specific Plan Amendment, SP-91-01 and Zomng District Map Amendment, Z-91-02, is approved and adopted by the City Council SE(,PION 3 Effective Date - this Ordinance shall be in full force and effect at 12 01 a m on the 31st day of its adoption SECTION 4 Posting- the City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council SEC:IION 5 First read at a regular meeting of the City Council of said City held on the 23rd day of May, 1991, and finally adopted and ordered posted at a regular meeting of said City Council on the 13th day of June, 1991 AT!'EST Deputy City Clerk of the City Mayor of the City of Grand Terrace and of the of Grand Terrace and of the City Council thereof City Council thereof I, Brenda Stanfill, Deputy City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of June, 1991 by the following vote AYES NOES ABSENT \ J ABSTAIN Brenda Stanfill Deputy City Clerk Approved as to form John Harper, City Attorney BARTON ROAD COMMERCIAL CORRIDOR SPECIFIC PLAN r " /. ( - I I , �� t\ II r / � , v / .\_\ :::\.:4441•Itel. --1:.- \'---"--- 11 — --ce• ♦H � • . I l 1 I glil 111 I lk\C: I F:;/ % U L �— �� \ \ \ , \,40,144,critic t • • ', ert 1111.11110. 1 'r-- ---_.. -, _ ri _ _,____i \ ....e...........„.....)....... • ►v • ------1-„;-----: i '� '�• �ilrff� 11 : " CM I I I .. . A• ... i# I _•, _____—...p.--4.,,o ______ ____. ......._ e •' SI n �%,�� .� / i`� / 1 I i� a / A. �...•.••4� . A4.......... 1_..4# m. Li il I , I I I 1 17.if A Are AV4rijr, lierir 0-7 rp V C 4 tScigli, • 3/D g Et i/0 AC):4••••; 1-- I or. re', r• A do , .2 ,......... - ---, 1 ••••,,i4 v-a._lit" r/ , ---1 ' \-• • *, ••• <•I I __, I - -, -� - -z_ FE-117-=---; IIIII1 ;_ , - II �, 1 I I i I —. _._._ -�-- � , 1 , J lJ - i 111 I I — i �ryj J , I I I --I-.. LEGEND EXHIBIT A V///A GENERAL COMMERCIAL (GC) I ..•.......J VILLAGE COMMERCIAL (VC) EXISTING ':❖vii ADMINISTRATIVE\PROFESSIONAL (AP) s♦.....•. (3) MASTER PLAN AREA EXHIBIT III SPECIFIC PLAN LAND USE _ L i BARTON ROAD COMMERCIAL CORRIDOR SPECIFIC PLAN /MI _ .•••. 6 • w•-•••4 , .: • --- At, / ....,.. a .. , As, /, "0.„ ,., w -fir I \ iee i �•M•��i�.4.•••t,��t�l . tars,se- dmillik\s • •-• - ,.i''.0 r� /totilM �..�.�•..,•••..•• 4 r,i 4 ;!�••/.*•i+••tt4.`...t/ Cam. �.��' � 91 ejv iqy"" `T ....+• •.►.►.s..•.►..• •.•► ./i A,r il//��M.'L�1.6.Pe/ Al a. .':•,�• 1..►�••1•�•.► .►t4 S•4••1-/,_.I fif . / �� 1 f�.1 ♦W t 911 VC lYfj3�'K C i•••••..•- .t,tfir..s�t' 1 r I - iArm � 1 ,.,,1� �, per•.•t"41O••'1 -1 I a T7-7- I I i r I i 'i r . , 111 , I , 1 , -r 8— I-- -1— 11 1 1 1 I I I lit 1 1 1 1 1 7 — Z , , 11// _�--� r H I I I I 1 II1 I i l — _J.Lam— f r� 11 i I 1 I I I I i I 1 l 1 ' -t —~ Ft4-1q _ I -f' F- LEGEND EXHIBIT B �/f/V4 GENERAL COMMERCIAL (GC) r '1 VILLAGE COMMERCIAL (VC) PROPOSED ❖••••,/ ADMINISTRATIVE\PROFESSIONAL (AP) o EXHIBIT III (3) MASTER PLAN AREA SPECIFIC PLAN LAND USE airy h �l of Planning GR(NC'TERRFicE Department NOTICE OF FILING NEGATIVE DECLARATION Pursuant to the Cahforn.ia Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment due to mitigation measures included in the project and described in the Initial Study project DESCRIPTION OF THE PROJECT An application,SP-91-01,amendment to the Barton Road Specific Plan,minor modifications to the following sections III, B Land Use Categories and Map - APN# 275-242-01 is being removed from the Specific Plan Area IV, I Signs - Change to allow Site and Architectural Review Board greater discretion in approving signs, and change multi-tenant center identification signs' copy hmitations This application consists of an amendment to the General Plan Land Use and Map, GP-91- 01, and Zonmg Ordinance and Map, Z-91-02 GP-91-01 Amendment to General Plan Land Use and Map - APN# 275-242-01 is being removed from the Specific Plan area, General Commercial, to the MDR District (Medium Density Residential) Z-91-02 Amendment to the Zoning Ordinance and District Map, changing parcel APN#275-242-01 in the Barton Road Specific Plan Zone to the R2, Low Medium Density Residential District E-91-02 Environmental Review of aforementioned projects,SP-91-01,GP-91-01 and Z-91-02 APPLICANT The City of Grand Terrace EXHIBIT C 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 LOCATION Relation to Land Use Categories and Map - 22313 Mc Clarren Street Relation to Sign Changes - All properties located along Barton Road between the 215 Freeway and Victoria Street ***************************************************************** Copies of the Negative Declaration and Initial Study for this project are available for review at the City of Grand Terrace Plammmg Department, 22795 Barton Road, Grand Terrace, CA, (714-824-6621) Anyone wishing to comment on this project may do so prior to May 20, 1991 All comments should be directed to David Sawyer, Community Development Director, City of Grand Terrace 23/41-i-i,J‘ ... /7/-ce_e_2V----- V—/5-9/ Maria C Muett Date Acting Communty Development Director City of Grand Terrace Planning GRAND TERReCE Department " c+f NEGATIVE DECLARATION Pursuant to the California Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment due to mitigation measures included in the project and described in the Initial Study project DESCRIPTION OF THE PROJECT An application,SP-91-01,amendment to the Barton Road Specific Plan,minor modifications to the following sections III, B Land Use Categories and Map - APN# 275-242-01 is being removed from the Specific Plan Area IV, I Signs - Change to allow Site and Architectural Review Board greater discretion in approving signs, and change multi-tenant center identification signs' copy limitations This application consists of an amendment to the General Plan Land Use and Map, GP-91- 01, and Zoning Ordinance and Map, Z-91-02 GP-91-01 Amendment to General Plan Land Use and Map -APN# 275-242-01 is being removed from the Specific Plan area, General Commercial, to the MDR District (Medium Density Residential) Z-91-02 Amendment to the Zoning Ordinance and Distnct Map, changing parcel APN# 275-242-01 in the Barton Road Specific Plan Zone to the R2, Low Medium Density Residential District E-91-02 Environmental Review of aforementioned projects, SP-91-01, GP-91-01 and Z-91-02 APPLICANT The City of Grand Terrace, California 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 LOCATION Relation to the Land Use and Map Change, 22313 Mc Clarren Street Relation to Sign Change - All properties located along Barton Road between the 215 Freeway and Victoria Street FINDING OF NO SIGNIFICANT EFFECT Based upon the attached Initial Study, there is no substantial evidence that the project will have a significant effect on the environment i'ki-et4-:fon ilL.e__7`71 271--/F" 1/ Maria C Muett Date Actmg Community Development Director City of Grand Terrace m mom. -.. �. _�� __- - --_ - - - CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY I Background 1 Name of Proponent City of Grand Terrace 2 Address and Phone Number of Proponent City of Grand Terrace 22795 Barton Road, Grand Terrace, CA 92324-5295 Attention David Sawyer, Planning Director 3 Date of Environmental Assessment Agency Requiring Assessment City of Grand Terrace FRo H d4rTo,RoAD SPEcei/G pL 4 T �APd�7S-Z�(�-O�� q4 O- 5 Name of Proposal, if applicable'�HAuceToALcouvs fRRc�r eule�jrC0{�rd�ScrAzonirl �...�jt CArq gtirS(6asi axci change cnatti-1 - ere-cc.,ecr.Wei/z�FTcc�ronS�r+s cif6y 6 Location of Proposal _A1.313 Mc fe,eE,J ,Z A-NDasE c M-N6F fNAP ALL rYo eS /0ra7-r_1) a IOaj ,BRCTO?/'oaD r <J -')1 - 2-I Sfr-; ,n4/1D Vicr2,414 57-1e ea-T - 5/6,J C,seA/.16 F II Environmental Impacts (Explanations of all "yes" and "maybe" answers are provided on attached sheets ) Yes Maybe No 1 Earth Will the proposal result in a Unstable earth conditions or in changes in geologic substructures? X b Disruptions, displacements, compac- tion or overcovering of the soil c Substantial change in topography or K ground surface relief features7 d The destruction, covering or modi- fication of any unique geologic or physical features7 e Any substantial increase in wind or water erosion of soils, either on or or off site7 Yes Maybe No f Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? 2 Air Will the proposal result in a Substantial air emissions or deterior- ation of ambient air quality? X b The creation of objectionable odors? X c Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? 3 Water Will the proposal result in a Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? b Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X c Alterations to the course or flow of flood waters? d Change in the amount of surface water in any water body? e Discharge into surface waters, or in any alteration of surface water qual- ity, including, but not limited to, temperature, dissolved oxygen or turbidity? Xl f Alteration of the direction or rate of flow of ground waters? ai;_ , Yes Maybe No g Change in the quantity of ground waters, either through direct addi- tions or withdrawals , or through inter- ception of an aquifer by cuts or excavations? h Substantial reduction in the amount of water otherwise available for public water supplies. X i Exposure of people or property to water related hazards such as flood- ing or tidal waves? 4 Plant Life Will the proposal result in a Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)7 x b Reduction of the numbers of any unique, rare, or endangered species of plants? c Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenish- ment of existing species. d Substantial reduction in acreage of any agricultural crop7 5 Animal Life Will the proposal result in a Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects) 7 K b Reduction of the numbers of any unique,rare or endangered species of animals c Deterioration to existing fish or wildlife habitat. X Yes Maybe No 6 Noise Will the proposal result in a Increases in existing noise levels7 b Exposure of people to severe noise levels7 X 7 Light and Glare Will the proposal produce substantial new light or glare? 8 Land Use Will the proposal result in a substantial alteration of the present or planned land use of an area' 9 Natural Resources Will the proposal result in a Substantial increase in the rate of use of any natural resources' X b Substantial depletion of any non- renewable natural resource' 10 Risk of Upset Will the proposal involve a A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions' b Possible interference with an emerg- ency response plan or an emergency \� evacuation plan" 11 Population Will the proposal alter the location, distribution, density, or growth rate of the human population of an area' - -- 12 Housing Will the proposal affect existing housing or create a demand for additional _ housing' 13 Transportation/Circulation Will the pro- proposal result in a Generation of substantial additional vehicular movement' Yes Maybe No b Effects on existing parking facili- ties or demand for new parking' c Substantial impact upon existing transportation systems' d Alterations to present patterns of circulation or movement of people and/or goods? e Alterations to waterborne, rail or air traffic? f Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14 Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas a Fire protection' b Police protection' c Schools' X d Parks or other recreational faci- lities? e Maintenance of public facilities, including roads' f Other governmental services? 15 Energy Will the proposal result in a Use of substantial amounts of fuel or energy' b Substantial increase in demand upon existing sources of energy, or re- quire the development of new sources of energy' 16 Utilities Will the proposal result in a need for new systems, or substantial alterations to the following utilities a Power or natural gas7 Yes Maybe No b Communications systems? T c Water? `/- d Sewer or septic tanks? e Storm water drainage? f Solid waste and disposal? '\i( 17 Human Health Will the proposal result in a Creation of any health hazard or potential health hazard (excluding mental health)? b Exposure of people to potential health hazards? _ 18 Aesthetics Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? _ x 19 Recreation Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20 Cultural Resources a Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeo- logical site? _ XI b Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? _ x c Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? x Yes Maybe No d Will the proposal restrict existing religious or sacred uses within the potential impact area7 21 Mandatory Findings of Significance a Does the project have the potential to degrade the quality of the environ- ment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory7 b Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environ- mental goals? (A short-term impact on the environment is one which oc- curs in a relatively brief, definitive period of time while long-term impacts will endure well into the future ) c Does the project have Impacts which are individually limited, but cumu- latively considerable (A project's Impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment Is significant ) I�( d Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or Indirectly? ---�z��^r..;-�._--��.vsz-�•z�r- �k:�t^4�C3��.�'cv_ta:rrs.��.,- ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared __ I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect in this case because the mitigation measures described on attached sheets have been added to the project A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required David Sawyer Planning RLrector L. Date Signatures For City of Grand Terrace III DISCUSSION OF THE ENVIRONMENTAL EVALUATION 8 In the Barton Road Specific Plan Distract, the proposed landuse change will eliminate one lot from the General Commercial Subarea Tins change will blend the one lot in with the surrounding Zone District, Medium Density Residential, R2 This change is mitigated in the Master Environmental Analysis for GP-87-04 DATE June 6 , 1991 STAFF REPORT CRA ITEM ( ) COUNCIL ITEM ( XX) MEETING DATE June 13 , 1991 SUBJECT PROPOSAL SUBMITTED BY COUNCILMEMBER HERMAN HILKEY CONSIDERING A FEASIBILITY STUDY FOR A GRAND TERRACE SCHOOL DISTRICT r FUNDING REQUIRED XX NO FUNDING REQUIRED Councilmember Herman Hilkey has submitted the following proposal for consideration by the City Council Proposal To enter into an Agreement with Stallings and Associates to conduct a mini -study to determine the feasibility of a school ( district reorganization , and formation of a Grand Terrace Unified ,,— School District . Background In 1963 , Grand Terrace Elementary School District unified with other districts to become the Colton Joint Unified School District. In 1988 , at the request of the Grand Terrace City Council , a report was prepared by City and District staff. The objectives of the report are questionable , when the results could directly affect those preparing the report. This study was to cover three areas 1 . The necessity of year-round schools in Grand Terrace. 2 . The possibility of a high school in Grand Terrace . 3. The possibility of a separate school district . The result was a four-page report stating "no" to all three possibilities . In 1990 , a survey was conducted to measure the community pulse on year-round school , general opinions of educational quality in the COUNCIL AGENDA ITEM# 8 R STAFF REPORT--PROPOSAL REGARDING FEASIBILITY STUDY June 13 , 1991 Page Two Colton Joint Unified School District , and interest in forming a Grand Terrace Unified School District This was not a true scientific study , however , sixty-nine percent ( 69%) of the respondants with school -age children , and seventy-six percent ( 76%) of those respondants with children of pre-school age want the City of Grand Terrace to consider forming its own school district Considering this background , I am proposing the City Council initiate a new study to examine the possibility of forming a separate school district . This study will be conducted by one of the most well -respected consultants in the field of education , and will be a truly non-biased view. This proposed study will suggest how this new district , if feasible , will provide a potential for an improved educational program for the children of Grand Terrace. In addition to the proposal ' s objective , the following specific questions should be addressed by the consultant F 1 . Is there an advantage to forming a school district whose boundaries are contiguous to the City ' s? 2 . Do all state-required facilities need to be in place before unification is granted? 3 . Colton Joint Unified School District has had an apparent budget surplus for the past few years . Are there controls that monitor attempts to accelerate spending in light of a pending reorganization , such as the "poison pill " found in the private sector? 4. Will all existing R.D .A . or R D .A - like agreements be considered assets? 5 . How can the disproportionately high number of undocumented Grand Terrace students attending private high schools or public schools , outside C . J U . S D , be included in this study? HH yjm Attachments Opinion Letter A-F MEMORANDUM TO• City Council DATE: June 6 , 1991 FROM Herman Hilkey Councilman SUBJECT: Proposed Feasibility Study Considering a Grand Terrace Unified School District In 1963 , the Grand Terrace Elementary School District surrendered its independence to the Colton Joint Unified School District. This was done under pressure from the State at a time when the State reduced its 2 ,817 independent school districts to 1 , 070 districts . The intention was to improve educational offerings , ( and this community has tried this arrangement for almost thirty years ) . Over the past years , we have witnessed no new construction , a physical deterioration of the facilities originally built for the Grand Terrace Elementary School District , and the deterioration of the educational programs , especially on the pre-collegiate level . State C .A. P . scores for for Colton High School are in the lower twenty percentile ( 20%) . High school students completing pre- collegiate classes is in a five-year decline . The drop-out rate at Colton High is still increasing at a time when other school districts in the area have actually decreased the drop-out rate by starting new programs . Currently , only thirteen percent ( 13%) of Colton High students complete "a-f" classes ( see attachment A) . High school students passing Advanced Placement tests for University of California placement is less than two percent (2%) [the State average is twenty-four percent ( 24%) ] ( see attachment B ) . Last year , the money channeled to the two elementary schools within the Grand Terrace boundaries , within the Colton Joint Unified School District was the lowest. Grand Terrace used to have the best and highest funded schools We now have the lowest funded elementary schools in one of the lowest achieving districts in the State ( see attachment C) . In 1988 , 393 Grand Terrace students attended Colton High , today 377 Grand Terrace students attend Colton High . There is an underground support group that is growing . This underground support group in Grand Terrace is helping parents locate their high-school -age children to private schools or another public school district . This exodus is not a split along ethnic lines but a reaction by all concerned parents who have recognized that Colton High School does not provide the challenging and comprehensive curriculum necessary to prepare college bound students Memorandum--Proposed Feasibility Study June 6 , 1991 Page Two Neither Miss Grand Terrace , Jane Salinas , nor Miss Cinco De Mayo , Valerie Hernandez , attends Colton High . Half the Miss Grand _ Terrace participants attend private or other public high schools . Most of the Junior Miss Grand Terrace participants want to become medical doctors or lawyers , do they realize less than two percent (2%) of the Colton student body is college bound? Parents today in Grand Terrace have a 5 to 7 year plan that is to say "The elementary school is o . k . , but we have seven years before my child has to go to Colton High . Hopefully in seven years we will be rich enough to afford a private school , or we will have enough equity in our home to sell and move to a better school district" Residents of Grand Terrace with children are forced to plan to move from Grand Terrace , pay for a private school , or beat the system and arrange for an address in an acceptable school district. Grand Terrace has a choice in regards to police protection , fire protection , and maintenance , but in regards to education , we as a community have no choices . The community of Grand Terrace needs to choose how we can best provide a potential for an improved education program. A successful education system must include the parents , not avoid parents and community We are on the outer perimeter of a large school district that is demonstrating poor education . We must protect our children , community , and future potential for an improved education program. President Bush has introduced "America 2000 , An Education Strategy" ( see attachment D ) This strategy calls for community involvement in setting goals for educational excellence and nuturing the family and community values essential to personal responsibility, strong school , and sound education for all children ( see attachment E) The growing discontentment in Grand Terrace with the educational quality along with President Bush ' s recommendation for community involvement , necessitates action . The first step to apply for reorganization of the school district is to collect signatures from 25% of the registered voters in the area proposed ( see attachment F ) . The citizens of Grand Terrace in the past , and I expect in the future , want to know details of the possibility of a new school district . What will it look like and what will it cost? Information provided by the school district for the 1988 study was biased in that the study results were mandated before the "study" was conducted . Memorandum--Proposed Feasibility Study June 6 , 1991 Page Three I am proposing the City pay $6 , 500 for a mini -study by one of s the top , if not the top consultant in Southern California . We will know if the Grand Terrace Unified School District is possible , what it will look like , and what it will cost. My fellow Councilmen , the community of Grand Terrace has often asked the question of a Grand Terrace School District. It is time to demand the best education for the children of Grand Terrace , and stop surrendering to an education that is truly in the lower twenty-five percent (25%) of the State schools . Please support the citizens of this town that want a non-biased report . These citizens want to know if we can re-establish the top-notch school district we once were proud of , or let parents know they must move on to a school district that will "better provide a potential for an improved education program" . I recommend the City Council authorize the Mayor to enter into a contract with Stallings & Associates at a cost not to exceed $6 , 500 and Council authorize an appropriation of $6 , 500 from the General Fund . HH ma Trends in a-f Course Requirements San Bernardino County High Schools, 1985, 1989, 1990 Percent Completion Graduates Change from Percent Change from Class of Class of Class of Class of Class of Class of Class of Class of Districts 1985 1989 1990 1989 1985 1989 1985 1989 Baker Valley Unified 8 3 84 6 100 0 13 91 7 15 4 1104 8% 18 2% Bear Valley Unified 23 6 36 7 39 4 120 15 8 2.7 66 9 7 4 Redlands Unified 23 9 39 6 38 0 909 14 1 -1 6 59 0 -4 0 Fontana Unified 7 0 34 5 35 1 883 28 1 0 6 401 4 1 7 Needles Unified 7 2 22.7 35 1 75 27 9 ' 12.4 387 5 54 6 State of California 25 4 30 6 31 1 244,629 5 7 0 5 22.4 1 6 Snowline Joint Unified 54 8 68 0 30 9 219 -23 9 -37 1 -43 6 -54 6 San Bernardino City United 48.1 28 1 29 7 1,226 -18 4 1 6 -38 3 5 7 Upland Unified 24 4 29 3 603 29 3 4 9 20 1 Rim Of the World Unified 35 1 32.1 ,26 7 271 -8 4 -5 4 -23 9 -16.8 Chino Unified 20 9 33 1 25 7 931 4 8 -7 4 23 0 -22.4 Yucaipa Unified 12.0 30 0 24 6 337 12.6 -5 4 105 0 -18.0 San Bernardino County 21.8 27 1 24 5 ;..... .11,1,31 as -2.6 13 4 -9 6` Silver Valley Unified 9 0 13 1 22.5 99 13 5 9 4 150 0 71 8 Chaffey Union High 24 3 23 6 22.4 1,910 -1 9 -1 2 -7 8 -5.1 Apple Valley Unified 23 9 21 9 524 21 9 -2.0 -8 4 Hesperia Unified 15 6 19 0 532 19 0 3 4 21 8 n Morongo Unified 29 3 19 9 17 9 342 -11 4 -2.0 -38 9 -10 1 a Trona Joint Unified 19 3 19 4 17 8 36 -1 5 -1 6 -7 8 -8.2 i m Rialto U nified 4 5 12 9 17 5 596 13 0 4 6 288 9 35 7 r� Colton Joint Unified 139 135 F 130i() 704 -09 -05 -65 v '1 Victor Valley Union High 46 1 8 5 388 8 5 -37 6 -81 6 Barstow Unified 9 2 13 3 5 5 384 -3 7 -7 8 -40 2% -58 6% Research/Evaluation Division, San Bernardino County Superintendent of Schools April 30, 1991 I, r f t Trends in Advanced Placement Performance`in San Bernardino County High Schools, Classes of 1984, 1989, and 1990 Exams Passed per 100 Seniors Seniors in Change from Percent Change from Class of Class of Class of Class of Class of Class of Class of Class of Districts 1984 1989 1990 1989 1984 1989 1984 1989 Bear Valley Unified 21 6 41 9 125 41 9 20 3 94 0% Upland Unified 23 1 24 1 549 24 1 1 0 4 3 State of California 9 5 20.3 23 7 ' 243,023 14 2 ' 3 4 149 5% 18 7 Rim of the World Unified 10 1 25 4 19 9 217 9 8 -5 5 97 0 -21 7 Redlands Unified 6.2 15.7 18 6 895 12.4 2 9 200 0 18 5 Fontana Unified 1 1 11 5 17 4 874 16 3 5 9 1481 8 51 3 Yucaipa Unified 6 3 14 2 16 7 310 10 4 2 5 165 1 17 6 San Bernardino City Unifie 2.7 10 3 13 2 1,221 10 5 29 388 9 28 2 Chino Unified 2.1 101 129 872 108 2.8 5143 277 Chaffey Union High 3.7 8 1 12 3 2,208 8 6 4 2 232.4 51 9 Victor Valley Union High 0 8 6.7 12 1 347 11 3 5 4 1412.5 80 6 San Bernardino County 3.0 9 8 11 5 10,986 8 5 1.7 283 3 17 3 • Rialto Unified 4 1 7 6 8 0 635 3,9 0 4 95 1 5 3 Morongo Unified 7 7 7 7 319 7 7 0 0 0 0 Snowline Joint Unified 7 7 6 4 181 6 4 -1 3 -16 9 a Apple Valley Unified 4 7 2 4 461 2 4 -2 3 -48 9 olton Joint Unified 0 2 3 6 1 8 704 1 6 -1 8 "6 800 0 -50 01` Fri Barstow Unified 1 3 1 5 305 1 5 0 2 15 4 = Silver Valley Unified 1 2 1 4 73 1 4 0 2 16 7 0o Hesperia Unified 1 6 0 8 512 0 8 -0 8 -50 0% Baker Valley Unified 6 0 0 0 0 Needles Unified 54 0 0 0 0 Trona Joint Unified 8 8 51 -8 8 0 0 -100 0% Research/Evaluation Division, San Bernardino County Superintendent of Schools April 30, 1991 ATTACHMENT C REPORT CARD 11SIINb Ot- A'IU(AI1UN OF FINDS FOR ThE 14 ELEmENTARY SIWOGLS IN INE (OH ON JOINT 11NIlIEJ SCHOOL S1S',2I(„T AVERAIt TU1AL - JR - LUND CLRRGNT ALLOCATION ALLUCAIICH AVG PER ALLOCATION ENROLLMENT PER STUDENT PER SCHOOL STUDFNI RANKING "AUL J ROGERS b46 $3,102 00 0,103,141 00 $295 7 ' btRALD A SMITH 5b2 1,) 33 00 $1,497,466 00 ,224 7' 2 RESIMOKE 588 $3,,1'1 00 $1,-45,184 00 4210 71 3 LINCOLN 51, $2,930 00 V,549,375 00 $123 7' 4 ?ALTER LIMMERMAN 7753 $2,922 OD $2,045,093 00 $115 1' 5 WOODROW WIISON f01 C2,0 7 00 $2 P'09,926 00 $60 7' 6 •1ARY 8 LEWIS 641 $2,852 00 $1,668,445 00 $45 7' 7 AL1(E 4IRNEv 599 S2,829 00 $',0I0,258 00 $22 7 8 4'IIH CRIMES 556 '2, '21 00 '',524 401 00 ($19 291 9 tiECHE CANYON 863 32,590 00 $1, IO2,74s 00 (0 15 20; '0 WILLIAM MC KINIE" 503 Qt,541 90 $1,6t5,515 00 ($159 29 " UIYSSES S RANI b35 42,588 00 $1,558,477 00 ($218 t5) '2 ,.RAND TERRACE 6 5 ‘2 0 7 00 $1,4 f,240 00 ($289 29 13 rr-RRA(E VIEW 510 '2,509 00 0,451,f43 00 ($29f 2c 14 545 71 $2 805 29 $1,643,264 00 AVc4AGE AVERAGE AVbERAGE NUMEER OF ALLOCATION AL'UCAIION S ,;JCNTS OF FUNOS OF FUNDS PER SCHOOL PER STI'DEN1 PER SCHOOL ATTACHMENT D THE WHITE HOUSE Office of the Press Secretary EMBARGOED FOR RELEASE UNTIL 2 00 P M EDT APRIL 18, 1991 AMERICA 2000' THE PRESIDENT'S EDUCATION STRATEGY FACT'SHEET The President today outlined his strategy to move the Nation toward achieving the national education goals and educational excellence for all Americans The President believes we must restructure and revitalize America's education system by the year 2000 Emphasizing that this effort is a national challenge, the President asked all Americans to take part m "the crusade that counts most -- the crusade to prepare our children and ourselves for the exciting future that looms ahead " AMERICA 2000 builds on four related themes J • Creating better and more accountable schools for today's students, • Creating a New Generation of Amencan Schools for tomorrow's students, • Transforming America into a Nation of Students, and • Making our communities places where learning will happen I CREATING BEI IER AND MORE ACCOUNTABLE SCHOOLS FOR TODAY'S STUDENTS The President called on all Americans to help create better and more accountable schools based on world class standards and the principle of accountability He encouraged all elements of our communities -- families, businesses, unions, places of worship, neighborhood organizations and other voluntary associations -- to work together with our schools to help the Nation achieve educational excellence -2- A World Class Standards in Ewe Core Subjects The President believes the time has come to establish world class standards for what our children should know and be able to do in five core subjects English, mathematics, science, history, and geography • Through the National Education Goals Panel, and working with interested parties throughout the Nation, the President and the Governors will develop , a timetable for establishing national standards in these five subjects, and in September 1991, and each year thereafter, the panel will report to the Nation on progress toward the national education goals • The standards are intended to lift the entire education system and improve the learning achievement of all students The President and the Governors oppose a national curriculum or federalizing our education system B A System of Voluntary National Examinations Through the efforts of the National Education Goals Panel, a system of voluntary examinations will be developed and made available for all fourth, eighth, and twelfth grade students in the five core subjects • These American Achievement Tests will challenge all students to strive to meet the world class standards and ensure that, when they leave school, students are prepared for further study and the workforce The tests will measure higher order skills (i e , they will not be strictly multiple choice tests) • The President, working with the Nation's Governors, will seek Congressional authorization for State-level National Assessment of Educational Progress assessments and for optional use of these assess- ments at district and school levels • Students who distinguish themselves on the American Achievement Tests will receive a Presidential Citation for Educational Excellence in recognition of their outstanding achievement • The President will seek authorization for Presidential Achievement Scholarships to reward academic excellence among low income students pursuing postsecondary education opportunities These financial awards will be based on superior high school and college performance -3- C Schools as the Site of Reform The Administration will help strengthen the capacity of elementary and secondary schools to improve results and to innovate by increasing flexibility in decisionmaking at the State, district, and school levels and encouraging report cards on performance Li • In addition to an annual National Report Card, the President will encourage schools, school districts, and States to issue regular report cards on their education performance These report cards will measure results and progress toward achieving the national education goals • As part of his AMERICA 2000 Excellence in Education Act of 1991, the President will again seek legislation that will allow greater flexibility in the use of Federal resources for education in exchange for enhanced accountability for results • To stimulate reform in mathematics and science education, the AMERICA 2000 Excellence in Education Act of 1991 will include $40 million for new grants to school distracts that show significant gains in student achievement Awards will be used for continued improvements in these vital subjects (`- • The AMERICA 2000 Excellence in Education Act of 1991 also will seek funds for a Merit Schools Program for States to award individual schools that demonstrate significant progress toward the national education goals States may "bank" funds over several years to create even more incentives for successful schools D ProvidinQ� Promoting School Choice The President believes that educational choice for parents and students is critical to improving our schools • The President will promote State and local choice programs as part of his AMERICA 2000 Excellence in Education Act of 1991 -- A $200 nulhon Education Certificate Program Support Fund will provide incentive grants to local school districts with qualified education certificate programs that enhance parental choice -- National school choice demonstration projects will be supported through a $30 million initiative • The Administration also will seek ways to ensure that Federal education programs are more supportive of choice -4- E Teachers and Principals_ America's teachers and principals are on the front lines of transforming our schools As part of his AMERICA 2000 Excellence in Education Act of 1991, the President will propose several initiatives to promote outstanding leadership in our schools • Presidential Awards for Excellence in Education will recognize and reward outstanding teachers across America • The President will encourage States and communities to provide alternative routes of certification through one-time grants to States to support implementation of alternative certification • In order to improve the training of school principals and other school leaders, the President will propose establishing Governors' Academies in every State with Federal seed money to enhance principal training through instructional and mentonng programs • The President will seek to establish Governors' Academies for America's teachers with Federal seed money to offer advanced instruction focusing on the five core academic disciplines The President also encouraged States to consider differential pay and financial and other awards for those who excel in teaching, teach core subjects, teach in challenging settings, and serve as mentors for new teachers II CREATING A NEW GENERATION OF AMERICAN SCHOOLS FOR TOMORROW'S STUDENTS The President today challenged the best minds in America to design -- and help communities create -- the best schools in the world A Research and Development A series of Research and Development Teams, funded by contributions from the business community, will help design a New Generation of American Schools • America's business leaders will establish and mobilize private resources for the New American Schools Development Corporation, a new non-profit organization that will award contracts in 1992 to between three and seven Research and Development Teams These teams may consist of -5- corporations, universities, think tanks, school innovators and others The teams' products will be available to the American people • The mission of these teams is to help communities create schools that will reach the national education goals, including world class standards in the five core subjects for all students, as monitored by the American Achievement Tests and similar measures • The President will ask his Education Policy Advisory Committee, as well as the Department of Education, to examine the work of these Research and Development Teams and to report on their progress B New American Schools The President will ask Congress to provide $550 million in one-time start-up funds to create at least 535 New American Schools that "break the mold" of existing school designs • These funds will provide up to $1 million for each New American School to underwrite special staff training, instructional materials, or other support t the school needs The goal is to have at least one New American School operating in each Congressional district by September 1996 • Once the schools are launched, the operating costs of the New American Schools will be no more than those of conventional schools • The President also will ask Congress for start-up funds to help design state-of-the-art technology appropriate for New American Schools • A New American School does not necessarily mean new bricks-and- mortar Nor does a New Amencan School have to rely on technology, the quality of learning is what matters C AMERICA 2000 Communities The President called on every community in the country to do four things • Adopt the six national education goals, • Establish a community-wide strategy for achieving the goals, • Develop a report card for measuring its progress, and • Demonstrate its readiness to create and support a New American School -6- Communities that accept this challenge will be designated, by the Governors of their States, as "AMERICA 2000 Communities " • Governors, in conjunction with the Secretary of Education, will review community-developed plans with the assistance of a distinguished advisory panel and will determine which AMERICA 2000 Communities in each State will receive Federal financial support in starting New American Schools • The Governors and the Secretary will ensure that many such schools serve communities with high concentrations of children at risk D Leadership at All Levels Transforming American education and creating a New Generation of American Schools will require the commitment of America's leaders at all levels • The President welcomes the commitment by American business to contribute $150-$200 million to support the Research and Development effort • The President asked the Nation's Governors to lead the New American Schools effort in their States • The President challenged State legislatures to support the creation and operation of New American Schools, embrace the world class standards and adopt the American Achievement Tests, and work toward school, district, and State-level report cards • The President encouraged civic leaders to help organize community plans all across the country to seek designation as an AMERICA 2000 Community, and to help plan and operate New American Schools Business can encourage local schools to use the world class standards and American Achievement Tests, and encourage schools to issue report cards on their performance • The President called on educators to accept new roles and to take risks Teachers, principals, and other educators are asked to work to develop a consensus on the world class standards and to determine what it would take to create a New American School in each community E Families and Children Devoted to Learning The President called on parents to urge use of world class standards, American Achievement Tests, and report cards by local schools Parents must play a key -7- role in creating New American Schools in their own communities and must work with children in the home to improve cluldren's performance in school III TRANSFORMING AMERICA INTO "A NATION OF STUDENTS" The President beheves that learning is a life-long challenge Approximately 85 percent of America's workers for the year 2000 are already in the workforce Improving schools for today's and tomorrow's students is not sufficient to ensure a competitive America in the year 2000 The President called on Americans to move from "A Nation at Risk" to "A Nation of Students" by continuing to enhance the knowledge and skills of all Americans A Strengthening the Nation's Education Effort for Yesterday's Students, Today's Workers To advance the goal of improving literacy for all Americans • The President will push for greater accountability and choice in the Adult Education Act, and will advance these twin principles in new adult literacy activities proposed under the new AMERICA 2000 Excellence in Education Act of 1991 • The Department of Education will provide regular, timely, and reliable information by expanding the National Adult Literacy Survey and collecting information about literacy efforts on a regular basis B Establishing Standards for job Skills and Knowledge The President urged business and labor cooperatively to develop -- and then to use -- world class standards and core proficiencies for each industry Federal resources will be sought to provide start-up assistance for this effort C Creating Business and Community Skill Clinics Today's workers will be assisted through Skill Clinics -- one-stop service centers located in-businesses and communities across America where adults can get job skill diagnosis and referral services • The Administration will urge businesses to make Skill Clinics available to their employees and encourage AMERICA 2000 Communities to establish community Skill Clinics -8- • Federal departments and agencies will be encouraged to establish such Skill Clinics and, working with the Office of Personnel Management, will be encouraged to undertake activities to upgrade their employees' skills D Enhancing Job Training OpportunitieA The Domestic Pohcy Council Job Training 2000 Working Group will review } current Federal job training efforts and identify successful ways of motivating and enabling individuals to receive the comprehensive services, education, and skills necessary to achieve economic independence E. Mobilizing A "Nation of Students" The President will work to transform "A Nation at Risk" into "A Nation of Students " • The President called on the Secretary of Education and the Secretary of Labor to convene business and labor leaders, education and training experts, and Federal, State, and local government officials at a national conference on the education of adult Americans to launch a national effort to transform adult America into a "Nation of Students " IV MAKING OUR COMMUNITIES PLACES WHERE LEARNING WILL HAPPEN The President called on communities to adopt the six national education goals as their own, set a community strategy to meet them, produce a report card to measure results, and agree to create and support a New Amencan School The President believes that it is essential to reaffirm such enduring values as personal responsibility, individual action, and other core principles that must underpin life in a democratic society The aim of the AMERICA 2000 Community campaign is to make our communities places where learning will happen A Greater Parental Involvement The President urged parents to become more involved in their children's education and in the work of the New American Schools -9- • Parents and teachers should encourage children to study more, learn more, and strive to meet higher academic standards • The President encouraged parents to read aloud daily to their children, especially their younger children B Enhanced Program Effectiveness for Children and _communities The President is committed to making government work better to improve programs for Amenca's children and communities • Working through the Domestic Policy Council Economic Empowerment Task Force and with the Nation's Governors and other officials, the Administration will undertake better coordination of existing Federal programs with corresponding State and local activities • As part of this effort, existing program eligibility requirements will be reviewed in order to streamline them and reduce Federal red tape Wherever possible, States will be afforded maximum flexibility to design and implement integrated State, local, and Federal programming ATTACHMENT E �; America's Education Goals By the year 2000 1 All children in America will start school ready to learn 2. The high school graduation rate will increase to at least 90 percent. ='r: 3 American students will leave grades four eight,and 3 Cr' ?• �_ twelve havingdemonstrated competency •in challenging ;,+. •. subject man=including English,mathematics,science history,and geography,and every school in America will ensure that all students learn to use their minds well so they may be prepared for responsible citizenship,further learning,and productive employment in our modern economy 4 U S smdents will be first in the world in science and mathematics achievement.. S. Every adult American will be literate and will possess the knowledge and drills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship 6 Every school in America will be free of drugs and violence and will offer a disciplined environment condu- cive to learning The four-part AMERICA 2000 Education Strategy will enable us to achieve these goals. 4MER1C4 2000-9 L For Today's Students: Better and More Accountable Schools Goals served. All six, but especially#2(90 percent graduate from high school), #3 (competence in core subjects) and _ #4 (first in the world in science and mathematics) Strategy Through a 15-point accountability package,parents teachers schools and communities can all be encouraged to measure results,compare results and insist on change when the results aren't good enough Specifics: 4 New World Standards. Standards will be developed,in conjunc • - non with the National Education Goals Panel These New World Standards—for each of the five core subjects—will represent what young Americans need to know and be able to do if they are to live and work successfully in today's world.These standards will incorporate both knowledge and thus,to ensure that,when they leave school young Americans are prepared for further study and the work force American Achievement Tests: In conjunction with the National Education Goals Panel,a new(voluntary)nationwide examination system will be developed,based on the five core subjects,tied to the New World Standards.These tests will be designed to foster good teaching and learning as well as to monitor student progress Encouragement to use the tests. Colleges will be urged to use the American Achievement Tests in admissions:employers will be urged to pay attention to them in hiring Presidential Citations for Educational Excellence:Citations will be awarded to high school students who do well on American Achievement Tests Until those tests become available,Presiden- nal Citations for Educational Excellence will be awarded based on AMERICA 2004—1 1 B REORGANIZATION FLOWCHART EC 35707 FOR SCHOOL DISTRICTS 1 5%armors AVi 2 Gar boards do not Source Riverside County Office of Education(February 1981) 1-0. comment and/a Patron San Bernardino County Superintendent of Schools 3 Radaf a ethnic Doped (July 1988) htegason Is affected Petition Denied a E C 35707 E C 35707 E C 35754 NO E C 35755 NO E C 35756 1 Less tan 5%AV 6 Canty Superintendent 2 Inhabitared lerritay Canty Committee State Bd shall call an elocdon In the Electorate and/a ► transmits to State Board of Educalon YES ► territory determined by approves 2♦ 3 Gov boards do not of Educatlm wilt approves the State Board of petition consent lecommendasons petition Educaaonn E C 35720 4 Radal a edrdc Integration affected YES Committee lamutates puns and IL ^-► recommendations — ev EC 35707 Petition Granted 1 Unkdtabitated ladlay and o, 3 2 Owners do not consent —� and/or E C 35703 EC 35704 EC 35720 5 3 Gov bonds do not E C 35721(a) consent g E C 35705 6 E Penal by County Superintendent E ♦ G • 1 25%d stoats In area ► examines approves& County Committee hdds ,_ I ► or tandndnstoCounty pate hearing and Education Code ' ND N 2 Ptoperty owners II Committee&Slate Board recommends approval a - -- unlnhaGuted a of Education disapproval E C 35709(a) Part 21 - Chapter 4 - Articles 1 and 2 3 Gov boards 1 Uninhabluted terdtay 4,♦ and E C 35721(a) 2 Gov boards consent and 3 Owners consent E C 35709 NO Petition by 10%of _,►„ electors n eniro school — district Committeett YES Petition ► approves Granted peodon E C 35709(b) D I Inhabluled tenbtory --I 2 Less than 5%AV and n 5-,ti 3 Gov boards ccnsent _ n and 3 In gadon Is not affected Petition J Don'ed Al San Bernardino County Committee on School District Organization EC 35710 NO EC 35710 No EC 35710 EC 35710 - I Mote tan 5%AV Cant — 2 hhabitated latheryy YES County Supalntendnet Electorate 3 Gov boards consent Committee steal call an election In the approves YES lePetition6—► 4 Racal a adnis approvesdon territory to be translated petition Granted integancn Is not affected 1 I COUNTY COMMITTEE PLANS AND STATE BOARD N120 START RECOMMENDATIONS APPROVAL �o itbn Received In days State Board + Sacramento Hearing Date Set EC 35707 EC 35750 56 Formulate Plans and Adopt a Tentative Notice of Hearing Sent to days daysyop Subml Any Final Recommendations for Governing Boards of Area Public Hearings Recommendaded g —+ Recommendation 35720 Tentative —` j (a) Reorganizations Organization Districts involved EC 35720 5 EC 35720 EC 35720 5(a) EC 32720 5(b) EC 35720 5(b) Nalco Sent 30 days t Public Hearing poor to Hearing AEC 35654 ' EC 35752 Nc*ice Posted of Published Sections 5362 5363 Make public a description cl the Petition EC 35705 5 ELECTORATE PETITIONS Finding Notice Sent to County oor STOP /No tDisappr o eove ? Yes0 Supt of Schools START Yes EC 35754 EC 35755 Receive Petition Signed by 10 percent of Electors Hold a Public Hearing Grant Petition? No —4" In District _op EC 35721(a) op, 35721(b) STOP EC 35721(a) Conditions for Approval 123 Days for EC 35753 Consolidation Notify Chief Petitioners ELECTION EC 35704 STOP A No STOP START County Supt of Schools Within FINDING V Calls Election A Part 4 Does the 90 County Committee Report Transmit Petition (commencing aunty Supt find the Yes County Committee days Recommends Approval or Approve Recommendations and Sec 5000) No Petition to be Sufficient Holds Public Hearings --+Disapproval of the Petition + Report to State Board —and Signed 60 EC 35705 and 35705 5 as it may be augumented EC 35707 as required? days EC 35706 35753II Fenian signed by 25 EC 35704 ' percent of Electors in Election Held Majority In Territory to be EC 35760 and 35762 Favor? Reorganized OR Petition signed by a Within A Majority of Board 20 days Designate Chief Members of Each District Petitioners and AffidavitCounty Supt of Schools Affected EC 35701 and 35702 Distributes Statements Yes E + For and Against Rec atbns Measure goes into EC 357 EC 35757 effect July 1 EC 35511 EC 4060 62 nary 27 1990 C PROCEDURES FOR PREPARING REORGANIZATION PROPOSALS Source State Department of Education (1987) Ernest Lehr Director, School Tansportation and District Organization (retired) Procedures for Preparing Proposals Relating to School District Organization for Consideration by the State Board of Education Recommendations that are submitted to the State Board must indicate that the following procedures have been followed by including copies of certifications, etc 1 Transmittal of Petition—Section 35 704 of the Education Code requires that, within 20 days of filing, petitions to reorganize school districts filed under Education Code Sections 35700 and 35721 that are found sufficient and signed as required by law must be transmitted simultaneously to the county committee and to the State Board of Education a To determine sufficiency, the petition must be certified by the county clerk or registrar of voters, or in the case of district board action must be certified by the county superintendent b Petitions to reorganize school districts located in more than one county and under the jurisdiction of different county superintendents must be filed jointly in each county(E C 35520) c Petitions must indicate the names of chief-petitioners with addresses(E C 35701) 2 Public Hearing—Section 35705 of the Education Code requires that, within 60 days of filing, the county committee shall hold one or more public hearings in each of the districts affected by the petition a Notice of such hearings must be as in Education Code Section 5362(posting) or 5363 (publish once) and so certified 3 Public Information—Section 35705 5 requires that 10 days before the public heanng(s) certain information must be made available to the public and certification to that effect must accompany State Board Transmittal 4 Transmittal of Report to State Board—Section 35707 requires the county committee to transmit petitions, and its recommendations, to the State Board of Education, except when the matter has been handled locally by the county committee, i e , petition granted(E C 35709), or election called (E C 35710) a The following reports must also accompany the petition 1 Report on whether the proposal would adversely affect the school district organization of the county(E C 35707) 2 Report on whether it is compatible with the county master plan on unification (E C 35707) 3 Report on compliance with Education Code 35753 a adequate in number of pupils b organized on basis of a substantial community identity c equitable division of property and facilities d does it promote racial or ethnic discrimination or segregation e substantial increase in costs to state (10 percent) f disrupt educational program of other districts g cause a shortage of building space facilities b Reports on proposals involving more than one county must include evidence of concurrence by the other county(s), or certification that such concurrence has been requested In the event that a county committee grants a petition, or if an election called by the county committee is successful, or if the county office is notified that any action to reorganize a district has been approved by the electors, it is imperative that the county office properly notify the State Board of Equalization, County Auditor, County Treasurer, etc ,by January 1 (Government Code Sections 54900-54904) Failure to do so will result in the reorganization not becoming effective for all purposes by the following July 1 (E C 35534),but rather, being delayed for one year Copies of such notices should also be directed to the State Office of Local Assistance since in many cases the reorganization affects outstanding bonds and state loans for building purposes Proposals or reports submitted by a County Committee on School Distnct Organization for the formation of a new district or the transfer of territory between districts will be reviewed and analyzed by the State Department of Education The proposal will then be set for hearing before the State Board of Education at the earliest practicable date,usually about 120 days School districts, county offices of education, and petitioners affected by such school district reorganization will be notified of the hearing date and the procedures (E C 35750- 35756) Proposals approved by the State Board following Public Hearing appear on the ballot at the next regular election date, allowing 123 days for consolidation with such election County superintendent is notified of such State Board action The reorganization becomes effective on July 1 if the succeslail election was held prior to the previous January 1 (E C 4060-4062) D TITLE 5 - STATE BOARD OF EDUCATION PROCEDURES Source Education Code Section 18570 18574 (January 1988) CHAPTER 4 PROCEDURES RELATING TO HEARINGS ON PROPOSALS AND PETITIONS FOR THE REORGANIZATION OF SCHOOL DISTRICTS 18570 Submission of Proposals and Petitions A proposal by the County Committee on School District Organization or other public agency, or a petition for the formation of a new district or the transfer of temtory of one district to another, shall be submitted to the executive Officer of the Board The Executive Officer of the Board shall cause the proposal or petition to be (A) Reviewed and analyzed by the State Department of Education (B) Set for hearing before the State Board of Education at the earliest practicable date (C) Transmitted, together with the report and recommendation of Department of Education, to the Board and to such other persons as is required by law not later than ten days before the day of hearing 18571 Arguments Before the Board (Original Submission) At the time and place of hearing, the Board will receive oral and/or written arguments on the proposal or petition The Board may limit the number of speakers on each side of the issue, limit the time permitted for the presentation of a particular view, and limit the time of individual speakers The Board will not entertain a repetition of arguments previously presented by the same or another speaker at that meeting, or presented at a previous meeting at which the proposal or petition was considered 18572 Resubmission of the same or an Essentially Identical Proposal or Petition If the same or an essentially identical proposal or petition has been previously considered by the Board, the documents constituting such a resubmission shall be accompanied by a written summary of any new factual situations or facts not previously presented In this case, the Board will entertain arguments not theretofore presented and hear expositions of new factual situations and of facts not previously brought to the Board's attention 18573 Criteria for Reorganization of School Districts (A) When any proposal or petition is submitted to the Executive Officer of the Board, as required by Section 18570 (a), the Department of Education shall review and analyze the proposal or petition and make recommendation to the State Board (B) The analysis shall state findings of fact and recommendations as to whether each district affected by the proposed reorganization substantially meets the following criteria and standards (1) It is the intent of the State Board that direct service districts not be created which will become more dependent upon county offices of education and state support unless unusual circumstances exist Therefore each district affected must be adequate in terms of numbers of pupils, in that (a) Each such district should have the following projected enrollment on the date that the proposal becomes effective or any new district becomes effective for all purposes Elementary District 901 High School District 301 Unified District 1,501 (b) The analysis shall state whether the projected enrollment of each affected district will increase or decline and the extent thereof (2) Each district affected will be adequate in terms of financial ability if (a) The revenue limit per unit of average daily attendance of the proposed district does not vary from the revenue limit per unit of average daily attendance in all of the affected districts by more than 15%, or (b) The proposal does not increase costs to the State for the affected territory by more than 10% (3) To determine whether the new district is organized on the basis of substantial community identity, the following criteria should be considered (a) Isolation (b) Geography (c) Distance between social centers (d) Distance between school centers (e) Topography (f) Weather (g) Community, school, and social ties and other circumstances peculiar to the area (4) To determine whether an equitable division of property and facilities will occur, the Department will determine which of the criteria authorized in Education Code Section 35512 4 shall be applied. It shall also ascertain that the affected districts and the County Office of Education are prepared to appoint the committee described m Education Code Section 39421 to settle disputes arising from such division of property (5) To determine whether the new districts will promote racial or ethnic discrimination or segregation, the Department, through the Bureau of Intergroup Relations, will consider the effects of the following criteria (a) The number and percentage of pupils in each racial and ethnic group in the affected districts as proposed by the transfer of territory (b) The number and percentage of pupils in each racial and ethnic group of the schools of the districts affected (c) The number and percentage of pupils in each racial and ethnic group in the schools in the districts affected with those of other schools in adjacent areas of the districts affected (d) The trends and rates of present and possible future growth or change in the total population in the districts affected, in each racial and ethnic group within the total district, and in each school, of the districts affected (e) The school board policies regarding methods of preventing racial and ethnic segregation in the affected districts (f) The effect of factors such as distance between schools and attendance centers, terrain, and geographic features that may involve safety hazards to pupils, capacity of schools, and related conditions or circumstances that may have an effect on the feasibility of integration of the affected schools (g) The effect of the proposal on the duty of the governing board of each of the districts affected to adopt and implement a plan for the alleviation of segregation of minority pupils under sections 90 through 101 (6) The proposal shall not significantly adversely affect the educational programs of districts affected by the proposal In analyzing the proposal or petition, the department shall describe the district-wide programs, and the school site programs, in schools not a part of the proposal that will be adversely affected by the proposal (C) The Board may waive the cntena specified in subsections (b) (1) through (b) (6) of this section and may approve a petition or proposal if the Board determines circumstances with respect to the petition or proposal provide an exceptional situation sufficient to justify approval 18574 Policy In discharging its responsibility to review and act upon the ments of each proposal or petition for the organization or reorganization of school districts,it is the intent of the Board to use its authority to effect district organization or reorganization that will provide for the maximum in equal educational opportunity for children ARTICLE 1 REORGANIZATION OF SCHOOL DISTRICTS BY THE ELECTORATE Section 35700 Initiation of action, signatures on petition 35701 Designation of chief petitioners to receive notice 35702 Affida`it 39703 Provisions of petition 35(04 Examination of petition, transmittal 35705 Public hearings, notice 35705 5 Additions and amendments to petition, availability of description of the petition 35706 Recommendations by county committee 35707 Transmittal of petition and recommendations to state board of education, report 35708 Hearing by state board of education 35709 Order, notification 35710 Notification of approval, election, conditions 35711 Appeal to state board of education Article 1 was added by Slats 1980, c 1192, p 4013, § 3 § 35700 Initiation of action, signatures on petition An action to reorganize one or more districts is initiated upon the filing, with the county superintendent of schools, of a petition to reorganize one or more school districts signed by any of the following (a) At least 25 percent of the registered voters residing in the territory proposed to be reorganized if the territory is inhabited Where the petition is to reorganize territory in two or more school districts, the petition shall be signed by at least 25 percent of the registe-red voters in that territory in each of those districts (b) The owner of the property, provided that territory is uninhabited and the owner thereof has filed either a tentative subdivision map with the appropriate county or city agency or an application for any project, as defined in Section 21065 of the Public Resources Code, with one or more local agencies (c) A majority of the members of the governing boards of each of the districts that would be affected by the proposed reorganization (Added by Stats 1980, c 1192, p 4013, § 3 Amended by Slats 1937, c 917, § 9) 1980 Legislation Derivation Former § 35511 added by Slats 1976 c Former § 35700 was repealed by Stats 1980 c 1192 p 1010 p 2384, § 2, amended by Stats 1977, c 36, p 143 4003 § 1 § 133 No right or obligation ansing out of any provision of law repealed by Stats 1980 c. 1192 p 4003 to be abolished or Library References Impaired by the provisions of Stats 1980, c 1192, sec note Schools a37(3) under § 35500 C J S Schools and School Districts § 37 § 35701 Designation of chief petitioners to receive notice In any petition to reorganize school districts there shall be designated no more than three of the petitioners as chief petitioners for the purpose of receiving notice of any public hearings to be held on the petition (Added by Stats 1980, c 1192, p 4013, § 3 ) 1980 Legislation Former § 35701 was repealed by Stats 1980 c 1192 p 4033 § 1 Asterisks • Indicate deletions by amendment 35702 EDUCATION CODE § 35702 Affidavit The persons securing the signatures to a petition of electors to reorganize school districts shall attach thereto an affidaN it that all persons wno signed the petit on did so in the presence of the affiant and that each signature is a genuine signature of the person whose name it purports to be (Added by Stats 1980, c 1192, p 4013, § 3 ) 1980 Legislation Former § 35702 was repealed by Slats 1980 c 1192 p 4003 § § 35703 Provisions of petition An, petition filed under this article may include any of the appropriate provisions specified in Article 3 (commencing with Section 35730) (Added by Stats 1980, c 1192, p 4013, § 3) 1980 Legislation Former § 35703 was repealed by Stats 1980 c 1192 p 4003 § 1 § 35704 Examination of petition, transmittal The county superintendent of schools, within 20 days after the petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, transmit the petition simultaneously to the county committee and to the State Board of Education (Added by Stats 1980, c 1192, p 4013, § 3) 1980 Legislation Derivation Former § 35511 4, added by Stats 1977 c. Former § 35704 was repealed by Stats 1980, c 1192, p 36 p 302, § 432 4003 § 1 § 35705 Public hearings, notice Within 60 days after receipt of the petition, the county committee shall hold one or more public hearings thereon at a regular or special meeting in each of the districts affected by the petition Notice of the public hearing shall be given at least 10 days in advance thereof to not more than three persons designated in the petition as the chief petitioners, to the governing board of all districts affected by the proposed reorganization, and to all other persons requesting notice of the hearing (Added by Stats 1980, c 1192, p 4014, § 3) 1980 Legislation Library References Former § 35705 was repealed by Stats 1980 c 1192 p Schools a37(2) 4003 § 1 CJ S Schools and School Districts § 42. § 35705 5 Additions and amendments to petition, availability of description of the petition (a) The county committee may add to the petition any of the appropriate provisions specified in Article 3 (commencing with Section 35730) which were not included in the petition as filed and may amend any such provision wr ich was so included (b) At least 10 days before the public hearing, or hearings, on the petition, the county committee shall make available to the public and to the governing boards affected by the petition a description of the petition, including all of the following (1) The rights of the employees in the affected districts to continued employment (2) The revenue limit per unit of average daily attendance for each affected district and the effect of the petition, if approved o' such revenue limit (3) Whether the districts involved will be governed, in part, by provisions of a city charter and, if so, in what way (4) Whether the governing boards of any proposed new district will have five or seven members Underline Indicates changes or additions by amendment EDUC kTION CODE § 35709 (5) A descnption of the territory or distracts in which the elect'on, if anv, will be held (6) Where the proposal is to create two or more districts, whether the proposal vill be ‘oted on as a single proposition (7) Whether the goN erning board of any new district will have trustee areas ana, if so whether the trustees will be elected by only the voters of that trustee area or by the voters of the ent're district. (8) A description of how the property, obligations, and bonded indebtedness of existing distracts will be divided (9) A description of when the first governing board of any new district will be elected and how the terms of office for each new trustee will be determined (Added by Stats 1980, c 1192, p 4014, § 3 ) Library References of mandamus was sought to compel elementary school Schools 0=37(i) districts to submit a reasonably feasible intcrdutnct dacgre C J S Schools aid School Districts § 37 gation plan notwithstanding the committers allegation that they are powerless to act on their ow, and that they only plan and make recommendation. Tinsley v Palo Alto Notes of Decisions Unified School Dist (1979) 154 Cal Rptr 591, 91 C A 3d 1 In general 871, appeal after remand 197 Cal Rptr 643 150 CA 3d 90 County committees on school distnct reorganization were properly Joined in school desegregation case wherein a writ § 35706 Recommendations by county committee Within 90 days after affording the public an opportunity to comment on the petition, including any plans and recommendations included therein, the county committee shall recommend approval or disapproval of the petition as it may be augmented , (Added by Stats 1980, c 1192, p 4014, § 3) 1980 Legislation Den'ration Former § 355115 added by Stats.1977 c. Former § 35706 was repealed by Stats.1980, c. 1192 p 36 p 302, § 433 4003, § 1 § 35707 'Transmittal of petition and recommendations to state board of education, report Except as provided in Sections 35709 and 35710, the county committee shall forthwith transmit the petition to the State Board of Education together with its recommendations thereon It shall also report whether any of the following, in the opinion of the committee, would be true regarding the proposed reorganization as described in the petition \(1) It would adversely affect the school district organization of the county (2) It would be compatible with any master plans submitted by the county committee and approved by the State Board of Education (3) It would comply with the provisions of Section 35753 (Added by Stats 1980, c 1192, p 4014, § 3) 1980 Legisl.:tioa_ Former § 35512 added by Slats 1976 c 1010 p 2384, Former § 35707 was repealed by Stats.1980 c 1192 p § 2 amended by Slats 1977 c 36 p 143 § 134 4003, § I Deriration Former § 355115 added by Slats 1977 c. 36 p 302 § 433 § 35708 Hearing by state bnard of education The petition transmitted pursuant to Section 35707, including the plans and recommendations included therein, if any, together with the recommended approval or disapproval and the plans and recommendations, if any, of the county committee shall be heard by the State Board of Education as provided in Article 4 (commencing with Section 35750) (Added by Stats 1980, c 1192, p 4015, § 3) § 35709 Order; notification If the county committee approves the petition, it shall order that the petition be granted, and shall so not fv the county board of supervisors if either of the following conditions are met Asterisks ' ' Indicate deletions by amendment § 35709 EDUCATION CODE (a) The petition is to transfer uninhabited territory from one district to another and the owner of the territory or a majority of the owners of the territory, and the goverring boards of all school districts involved in the transfer consent to the transfer, or (b) The petition is to transfer inhabited territory of less than 5 percent of the assessed valuation of the district from which the territory is being transferred, and both of the following conditions are satisfied (1) 4ll of the governing boards have consented to the transfer (2) The county committee finds that the transfer will not affect the racial or ethnic integration of the districts affected (-%aded by Stats 1980, c 1192, p 4015, § 3) Library References Schools a37(5) C J S Schools and School Districts §§ 39 43 to 45 § 35710 Notification of approval, election, conditions (a) If the county committee approves the petition, it shall so notify the county superintendent of schools who shall call an election in the manner described in Part 4 (commencing with Section 5000) to be conducted at the next regular election in the territory to be transferred when the petition is to transfer inhabited territory of 5 percent of more of the assessed valuation of the district from which the territory is being transferred and both of the following conditions are met (1) All of the governing boards have consented to the transfer (2) The county committee finds that the transfer will not affect the racial or ethnic integration of the districts affected (Added by Stats 1980, c 1192, p 4015, § 3) Library References Schools a38 CJ S Schools and School Distncts § 41 § 35711 Appeal to state board of education Any person questioning the finding of the county committee pursuant to Section 35709 or 35710 that the proposed transfer of territory will not adversely affect the racial or ethnic integration of the schools of the districts affected, may appeal a decision made upon such a finding The appeal shall be made to the State Board of Education within 30 days The appeal shall be based upon factual and statistical evidence If the State Board of Education denies the appeal, the decision of the county committee shall stand If the State Board of Education approves the appeal, it shall review the findings of the county committee at a regular meeting of the board The State Board of Education shall notify the county committee on its decision on the appeal If the State Board of Education approves the appeal, the county committee shall transmit a copy of the proceedings to the State Board of Education within 30 days after receipt of notice The State Board of Education shall review the transcript, considering all factors involved The State Board of Education may reverse, or may affirm, the decision of the county committee, or if it appears that inadequate consideration was given to the effect of the transfer on integration of the schools of the districts affected, it shall direct the county committee to reconsider its decision and for this purpose to hold another hearing (Added by Stats 1980, c 1192, p 4015, § 3) Notes of Decisions districts to submit a reasonably feasible intcrdistnet dcscgrc gallon plan notwithstanding the committees allegation that 1 In general they arc powerless to act on their own and that they only County committees on school distnct reorganization were plan and make recommendation Tinsley v Palo Alto properly joined in school desegregation case wherein a writ Unified School Dist (1979) 154 Cal Rptr 591 91 C A 3d of mandamus was sought to compel elementary school 871 appeal after remand 197 Cal Rptr 643 150 C A 3d 90 Underline indicates changes or additions by amendment EDUCATION CODE § 35721 ARTICLE 2 COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION PLANS AND RECOMMENDATIONS FOR DISTRICT REORGANIZATION Section 35720 Formulatior of plhins and recommendations 35720 5 Adoption of tentative recommendations, public hearings, notice 35721 Public hearing following receipt of petition, grant or denial of petition 35722 Adoption of final recommendations, transmittal to state board of education for hearing, order 35723 Area of possible reorganization that includes territory under the jurisdiction of another county, notice 35724 Proposed changes in boundaries or status of school districts under jurisdiction of superin tendent of adjacent county, concurrence of county committee of adjacent county Article 2 was added by Stats 1980, c 1192, p 4016, § 3 On and after Jan 1, 1983, provisions of this Article to apply to actions to reorganize community college districts, where applicable, see § 74001 § 35720 Formulation of plans and recommendations Each county committee on school district organization shall, under the direction of the State Board of Education, formulate plans and recommendations for the organization of the districts in the county or any portion thereof including, if appropriate, a portion of one or more adjacent counties (Added by Stats 1980, c 1192, p 4016, § 3) 1980 Legislation of mandamus was sought to compel elementary school Former § 35720 was repealed by Stats 1980 c 1192 p districts to submit a reasonably feasible interdistnct desegre- 4003 § I gation plan, notwithstanding the committees allegation that — they are powerless to act on their own and that they only Library References Schools a31 plan and make recommendations Tinsley v Palo Alto CJ S Schools and School Distracts § 27 et seq Unified School Dist (1979) 154 Cal Rptr 591, 91 CA 3d 871, appeal after remand 197 Cal Rptr 643, 150 C A 3d 90 Notes of Decisions 1 In general County committees on school district reorganization were properly joined in school desegregation case wherein a writ § 35720 5 Adoption of tentative recommendation, public hearings, notice (a) The county committee shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization at least 30 days prior to submission of a final recommendation for unification or other reorganization to the State Board of Education (b) The public hearing required by this section shall be called when both of the following conditions are met.. (1) Notice is sent to the governing board of each school district involved at least 10 days prior to the hcanng (2) Notice of the hearing is posted as provided in Section 5362 or notice of the hearing is published as provided in Section 5363 (c) The notice shall contain information as to the time, place, and purpose of the hearing (Added by Stats 1980, c 1192, p 4016, § 3) § 35721 Public hearing following receipt of petition, grant or denial of petition (a) On receipt of a petition signed by at least 10 percent of the qualified electors residing in any district for a consideration of unification or other reorganization of any area, the county committee shall hold a public hearing thereon at a regular or special meeting Asterisks ' * ' Indicate deletions by amendment § 35721 EDUCATION CODE (b) Following such hearing, the county committee shall grant or deny the petition If the county committee grants the petition, it shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for -eorganization The provisions of Sections 35705 and 35705 5 shall apply to any such public hearing (Added by Stats 1980 c 1192, p 4016, § 3 ) 1980 Legislation Library References Formcr § 35721 was repealed by Stats I950 c 1 192 p Schools S i .0=37(2) Schools and School Districts § 42 4003 § 1 § 35722 kdoption of final recommendation, transmittal to state board of education for hear- ing, order Following the public hearing, or last public hearing, required by Section 35720 or subdivision (b) of Section 35721, the county committee may adopt a final recommendation for unification or other reorganization and shall transmit any such recommendation together with the petition filed under subdivision (a) of Section 35721, if any, to the State Board of Education for hearing as provided in Article 4 (commencing with Section 35750), or shall order the reorganization granted if the requirements of Section 35709 are satisfied, or shall order that an election be held if the require- ments of Section 35710 are satisfied (Added by Stats 1980, c 1192, p 4016, § 3) 1980 Legislation Former § 35722 was repealed by Stats 1980 c 1192, p 4003 § 1 § 35723 Area of possible reorganization that includes territory under the jurisdiction of another county, notice When a county committee selects an area for study for possible recommendation for reorganization which includes territory of one or more school districts under the jurisdiction of the county superintendent of schools of another county, the county committee shall so notify the members of the county committee of such other county Thereafter, the members of the county committee of such other county shall be notified by mail of each public hearing or meeting of the county committee at which the proposed reorganization will be considered at least 10 clays prior to the day of such hearing or meeting (Added by Stats 1980, c 1192, p 4017, § 3) 1980 Legislation Former § 35723 was repealed by Stats 1980 c 1192 p 4003, § 1 § 35724 Proposed changes in boundaries or status of school districts under jurisdiction of superintendent of adjacent county, concurrence of county committee of adjacent county If plans and recommendations adopted by a county committee propose changes in the boundaries or status of school districts under the jurisdiction of the superintendent of any adjacent county, the county committee of each such adjacent county shall be requested in writing to concur in the plans and recommendations If the county committee of an adjacent county concurs in the plans and recommendations, the concurrence shall accompany the recommendations transmitted to the State Board of Education If the county committee of an adjacent county fails to respond to the request for concurrence within 90 days of the date of the request, such failure shall be deemed to be a concurrence in the plans and recommendations If a county committee of an adjacent county does not concur in the plans and recommendations, it shall so notify the other county committee in writing and accompany the notification with plans and recommendations for the reorganization of school districts of its county including territory that would be affected by the plans and recommendations of the other county committee After 60 days from the notification of nonconcurrence, if the county committees are still unable to agree upon plans Underline indicates changes or additions by amendment EDUCATION CODE § 35732 ttees, or y of and recommendations for reorganization the eo the county ot n may e it planp and rec mendaonsto theStateBoard ofEducation, andthe board may approve or s reject the plans, or any of them, in the same manner as other plans and recommendations (Added by Stats 1980, c 1192, p 4017, § 3) 1980 Legislation Formcr § 35724 was repealed by Stats I9S0 c 1192 p ,003 § 1 § 35725 Repealed by Stats 1980, c 1192, p 4003 § 1 §§35740 to 35745 EDUCATION CODE Repealed §§ 35740 to 35745 Repealed by Stats 1980, c 1192 p 4003 § 1 ARTICLE 4 APPRO4AL AND ADOPTION OF PLANS AND PECO`iMENDATIONS Section 35750 Minimum standards 35751 Statistical information 35752 Notice of hearing 35753 Approval by state board of education, conditions 35754 Approval or disapproval of formation 35755 Notice of approval 35756 Election 35756 5 Transfer of territory from one district to another, opposition 35757 Statement of official information and statistics 35758 arguments for and against recommendations 35759 Cost of preparation and distribution of arguments and of election 35760 Campaign literature designed to promote passage or defeat of ballot measure proposing reorganization 35761 Eligibility to vote 35762 Wording of ballot. 35763 Tabulation of returns, notice 35764 Majority vote 35765 Order to create, change, or terminate school districts or change boundaries 35766 Order as conclusive evidence of validity of the organization or change of boundaries 35767 Consolidation of election to form new district and choose governing board members Article 4 was added by Stats 1980, c 1192, p 4020, § 3 Code of Regulations References Library References Procedure*relating to hearings on proposals and petitions Schools g 37(1) for the reorganization of school districts see 5 Cal Code of C J S Schools and School Districts§ 36 ct aeq Regs 18570 et seq § 35750 Minimum standards The State Board of Education shall establish minimum standards a,hich it shall apply in approving or disaoproving petitions and proposals for the formation or reorganization of school districts (Added by Stats 1980, c 1192, p 4020, § 3) Historical Note Derivation Former § 35500 added by Stats 1976 c 1010 p 2384 § 2 § 35751 Statistical information When it is necessary for the State Board of Education to consider petitions submitted under this chapter and prepare a proposal relating to such a petition, each county superintendent of schools and every other county officer in the counties affected and the district superintendent of the school districts affected shall provide the statistical information required by the Department of Education to complete the study (Added b) Stats 1980, c 1192, p 4020, § 3) Historical ivote Derivation Former § 35513 5 added by Stats 1977 c 36 p 306 § 439 § 35752 Notice of hearing When a petition for reorganization of a district is received in the office of the secretary of the State Board of Education, the secretary shall set the petition for hearing at a regular or special meeting of the board At least 30 days prior to the date of the hearing he or she shall send by registered mail a notice containing a general statement of the purpose of the petition and the time and place of the hearing to each of the following persons or agencies Additions In text are Indicated by underline, deletions by asterisks • • • EDUCATION CODE § 35755 (a) The goserning board and district superintendent of each school district whose boundaries would be affected (b) The county superintendent and count\ committee of each county which has jurisdiction over any of the districts whose boundaries would be affected (c) The persons designated in the petition as "chief petitioners' (added by Stats 1980 c 1192, p 4020, § 3) Historical Note Library References Derivation Former § 35513 added by Stan 1976 c Schools S 4=337s v) CJ and School Dtstncu§ 42 1010 p 2384 § 2 § 35753 Approval by state board of education, conditions (a) The State Board of Education may approve proposals for the reorganization of districts, if the board has determined, with respect to the proposal and the resulting districts, that all of the following conditions are substantially met (1) That the new districts will be adequate in terms of number of pupils enrolled (2) That the districts are each organized on the basis of a substantial community identity (3) That the proposal will result in an equitable division of property and facilities of the original district or districts (4) That the reorganization of the districts will not promote racial or ethnic discrimination or segregation (5) The proposed reorganization will not result in any substantial increase in costs to the state (6) The proposed reorganization will not significantly disrupt the educational program of districts not included in the proposal (7) Such other criteria as the board may, by regulation, prescribe (b) The State Board of Education may approve a proposal for the reorganization of school districts if the board determines that it is not practical or possible to apply the criteria of this section literally, and that the circumstances with respect to the proposals provide an exceptional situation sufficient to justify approval of the proposals (Added by Stats 1980, c 1192, p 4020, § 3) Historical Note Derivation Former § 35512 1 added by Stats 1977 c 36 p 303 § 434 § 35754 Approval or disapproval of formation After affording interested persons an opportunity to present their views on the petition and after hearing any findings and recommendations of the State Superintendent of Public Instruction, the State Board of Education shall approve or disapprove the formation of the proposed new district If the board approves the formation, it may a-nend or include in the proposal any of the appropriate provisions of Article 3 (commencing with Section 35730) (Added by Stats 1980, c 1192, p 4021, § 3) Historical Note Derivation Former § 35514 added by Slats 1976 c 1010 p 2384 § 2 § 35755 Notice of approval After the State Board of Education has approved the plans and recommendations for the unification or other reorganization of the school districts in any area, the secretary of the State Board of Education shall give notice of the approval to the county superintendent of schools having jurisdiction over any of the districts whose boundaries or status would be affected by the reorganiza tion as proposed (Added by Stats 1980, c 1192, p 4021, § 3) Additions In text are indicated by underline, deletions by asterisks § 35755 EDUCATION CODE Historical Note Library References Deriiation Former § 35515 add-d by Stets 1976 c Schools d37(4) 1010 p 2384 § 2 amended by Stets 1977 c 36 p 143 § 135 C J S Schools and School Districts § 38 § 35756 Election The county superintendent o, schools, within 20 days after receiving the notification provided by Section 35755, shall call an election in the manner prescribed in Part 4 (commencing with Section 5000) to be conducted at the next available regular election, in the territory of districts as determined by the State Board of Education (added by Stats 1980, c 1192 p 4021, § 3) Histoncal Note Library References Derivation Former § 35515 added by Stets 1976 c Schools a38 1010 p 2384 § 2 amended by Stats 1977 c 36 p 143 C J S Schools and School Districts § 41 § 135 § 35756 5 Transfer of territory from one district to another, opposition In the case of the transfer of territory from one district to another, if the transfer is opposed by the governing boards of one or more of the districts affected with an average daily attendance of 900 or less, the territory in which the election is held shall include the entire territory of the districts opposing the transfer Each district with an average daily attendance of 900 or less which is included in an election because of the objection of its governing board to the transfer shall bear the additional cost of holding the election in that portion of its territory not otherwise included in the election When a majority of the votes cast in the school district opposing the transfer and a majority of the votes cast in the entire territory in which the election is held are in favor of the reorganization, the proposal carries (Added by Stats 1982, c 140, § 1 Amended by Stats 1987, e 917, § 10) Library References Schools d38 i C J S Schools and School Districts § 41 § 35757 Statement of official information and statistics The county superintendent of schools shall prepare a statement of official information and statistics relating to the proposed reorganization which shall include, but is not limited to, the plans and recommendations, the revenue limit per pupil, the rate of growth, the expected enrollment, and the support from the state which can be expected if such area maintains an adequate school program Such statistics shall be based upon the school year last completed before the date of the election (Added by Stats 1980, c 1192, p 4021, § 3) Historical Note Cross References Denvetion Former § 35516 added by Stats 1976 c Reorganization of community college districts schedule 1010 p 2384 § 2 of elections in temtory of distracts according to procedures prescribed in this section see§ 74230 § 35758 Arguments for and against the recommendations The county superintendent of schools calling the election shall cause to be prepared and distributed a statement setting forth arguments for and against the recommendations The argument shall not exceed 500 words The argument in favor of the recommendation shall be prepared by the president of the county board or by a proponent of the recommendations designated by the president. The arguments against the recommendations shall be prepared by a member of the county board who noted against the recommendations, or, if there be none, by an elector designated by the county superintendent of schools who has appeared before the board or at a public hearing in opposition to the recommendation (Added by Stats 1980, c 1192 p 4021 § 3) Additions In text are Indicated by underline, deletions by asterisks EDUCATION CODE § 35762 Historical Note Derivation Former § 35519 added by Stats 1976 c 1010 p 2384 § 2 § 35759 Cost of preparation and distribution of arguments and of election The cos,of preparation and distribution of the statement setting forth the arguments in fa,or of, and those opposed to, the recommendations o, the county board, and the cost of any election held pursuant to this article shall be a charge aga nst the general fund of the county If such district is situated in more than one county, the cost of tiie election shall be prorated against each county in the same proportion as the assessed valuation of the territory of the proposed new district lying in such county bears to the total assessed valuation or the proposed new districts (Added by Stats 1980, c 1192, p 4021, § 3) Historical Note Derivation Former § 35520 added by Stats 1976 c 1010 p 2384 § 2 § 35760 Campaign literature designed to promote passage or defeat of ballot measure propos ing reorganization (a) Any circular, pamphlet, letter, poster, or other campaign literature which is designed to promote either the passage or defeat of a ballot measure proposing the reorganization of school districts shall bear on its face, in a conspicuous place, either of the following (1) The names and residence addresses of the chairmen and secretary, or the names and residence addresses of at least two officers of the organization issuing it, if issued b', an organization (2) The name and residence address, with the street and number, if any, of any individual responsible for it, if issued by an individual or individuals (b) If any person eligible to vote upon such ballot measure has reason to believe that such campaign literature contains false and misleading statements, he or she may bring an action in the 1 superior court for injunctiN a rebel against further circulation of the literature, and if the court finds that the literature does, in fact, contain false and misleading statements, it may enjoin any further circulation of the literature (Added by Stats 1980, c 1192, p 4022, § 3) Historical Note Library References 1980 Legislation Schools''38 Former § 35760 was repealed by Stats 1980 c 1192 p CIS Schools and School Districts§ 41 4003 § § 35761 Eligibility to vote Every qualified elector residing within the territory in which the election is called shall be eligible to vote at such election (Added by Stats 1980 c 1192, p 4022, § 3) Historical Note Former § 35761 was repealed by Stats 1980 c 1192 p 1980 Legislation 4003 § 1 § 35762 Wording of ballot The words to appear upon the ballots used for voting upon the adoption or rejection of the proposals for the reorganization of school districts shall be 'Reorganization of school districts— Yes," and "Reorganization of school districts—No," or words of similar import If the plans and recommendations include a proposal for trustee areas in accordance with Section 35734, such proposal shall be considered a part of the reorganization proposition to be voted upon, and the ballot shall include wording to that effect (Added by Stats 1980 c 1192, p 4020, § 3) Historical Note Former § 35762 was repealed by Stets 1980 c 1192 p 1980 Legislation 4003 § 1 Additions in text are Indicated by underline, deletions by asterisks SIMPLE 2-12-85 PETITION Pursuant to the provisions of Education Code Section 35700, we the under- signed, being registered voters residing in the Lucerne Valley Union School District--a portion of the Victor Valley Union High School District, petitio the San Bernardino County Committee on School District Organization, State of California, for the reorganization (unification) of the Lucerne Valley Union School District, the territory proposed to be reorganized; and the County Committee recommend the adoption of the method which is outlined in subsection A of Education Code Section 35700 which states that at least ( 25% of the registered voters residing in the territory proposed to be reorganized may file a petition with the County Superintendent of Schools to initiate an action to reorganize the District. 'he undersigned are in favor of this petition for the following reasons : To establish instructional improvement for students and K-12 articulation within one district. To provide local control of the District ' s school (s) within the Lucerne Valley Community. 'he chief petitioners, all residents and registered voters of the existing ,ucerne Valley Union School District are as follows (No.more than 3. . . Education Code Section 35701) , "J. Iurerne Valley,, C'a_ 97356 lief Petitioner Address 92356 Phone n Lucerne Valley, Ca. 1111111111111111.116 lief Petitioner Address Phone # Lucerne Valley, Ca 92356 iftaimmum lief Petitioner Address Phone # !, the undersigned have read the above provisions of this petition and agree th them and affix our signature below g ature a a 'e;istered Voter Residence Address (P. 0. Box NOT Acceptable S/r �rr�� `io A/ V�3,.5 Print Your Name City Zip Code ;�, .. .. . gnature as a Registered Voter Residence Address (P 0 Box NOT Acceptable) Print Your Name City Zip Code 3natur' as a Registered' oter Residence Address (P 0_ Rnx mnm DECLt,P.ATION 0= CIRCULATOP forth, was a qualified i ng sianacures as he ea fter set , =ar12quali I any at all ttres of'fiLe so_ic_al_ y County of San a^, U-lon Ssool Distric" initiate S reef CPlif voter Lrio per on wn r atea t narec Petition to o sow w-io cLrcU ne a:3JJe Eacnet signature of tnis �'e 1 District State of Cal ifo�rua, I am ten_ Valle L-:ion Scnoo � the person an action to, to the beste the my Lucerne Valley a belief, the genuine signature of the of_my k.� ,00btained ire between r=_ose n is, ,pAll signatures to the petitio were by 1985 wnese rLa r7 it/purports to be 1985 ano �L7 ( ,on and Day) 11 and Day) o and correct �r-wr% Chat the fotegoing is �tr I certify Or OeCl2Se under na�tY of - ///j-/U 21D Ptin`,rm-re of C,a:rculator Resioence Andress City /// G • Executea on > a Ci/ 4', rate City 1 Here Sigrfea !ateo Cir ator -r I I 1 r