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09/06/199022795 Barton Road Grand Terrace California 92324-5295 Civic Center (714) 824-6621 Byron R Matteson Mayor Hugh J Grant Mayor Pro Tempore Gene Carlstrom Barbara Pfenmghausen Jim Smgley Council Members Thomas J Schwab City Manager FILE COPY September 6, 1990 CITY OF GRAND TERRACE Regular Meetings 2nd and 4th Thursdays — 6 00 p m Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92324-5295 CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS September 6, 1990 GRAND TERRACE CIVIC CENTER 6 00 P.M. 22795 Barton Road * Call to Order - e i Invocation - Harvey Jackson, Student, California Baptist College * Pledge of Allegiance - * Roll Call - STAFF RECOMMENDATIONS COUNCIL ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 8/23/90 Minutes Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL Items to Delete 2. SPECIAL PRESENTATIONS A. Certificate of Service Jim Moore, Librarian B. Summer Youth Program Certficate of Service C. Proclamation - "Bicycle Safety Awareness Month" 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 Approve A. Approve Check Register No. 090690 B. Ratify 9/06/90 CRA Action COUNCIL AGENDA 9/06/90 - Page 2 of 2 C. Waive Full Reading of Ordinances on Agenda D. Approve Minutes 1. 8/9/90 2. 8/23/90 E. Disadvantaged Business Enterprise Program 4 PUBLIC COMMENT 5. ORAL REPORTS A. Committee Reports B. Council Reports 6. PUBLIC HEARINGS - 6 00 P.M. STAFF RECOMMENDATION Approve Adopt A. AN ORDINANCE OF THE CITY COUNCIL OF THE Adopt CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF REFUSE CREATED, ACCUMULATED OR PRODUCED WITHIN THE CITY OF GRAND TERRACE B. TPM-87-03 (Cook) C. TPM-90-02 (Eller) 7. UNFINISHED BUSINESS None 8. NEW BUSINESS A. Voting Delegate for 1990 League of Calif. Appoint Cities Conference B. Franchise Agreement for Residential Refuse Approve 9. CLOSED SESSION ADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON SEPTEMBER 27, 1990 AT 6 30 P.M. ---------------------------------------------- AGENDA ITEM REQUESTS FOR THE 9/27/90 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 9/20/90 COUNCIL ACTION PENDMIGi C RA APPRM CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - AUGUST 23, 1990 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 August 23, 1990, at 6 00 p.m. PRESENT Byron Matteson, Chairman Hugh J. Grant, Vice -Chairman Barbara Pfennighausen, Agency Member Jim Singley, Agency Member - Gene Carlstrom, Agency Member Thomas J. Schwab, Executive Director Randall Anstine, Assistant City Manager David Sawyer, Community Development Director Joe Kicak, City Engineer John Harper, City Attorney ABSENT Juanita Brown, Secretary APPROVAL OF AUGUST 9, 1990 CRA MINUTES CRA-90-30 MOTION BY AGENCY MEMBER PFENNIGHAUSEN, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 5-0, to approve August 9, 1990 CRA Minutes. APPROVAL OF CHECK REGISTER NO. CRA082390 CRA-90-31 MOTION BY AGENCY MEMBER PFENNIGHAUSEN, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 5-0, to approve Check Register No. CRA082390. Chairman Matteson adjourned the CRA meeting at 6 10 p m., until the next regular City Council/CRA meeting, which is scheduled to be held on Thursday, September 6, 1990 at 6 00 p.m. CHAIRMAN of the City of Grand errace SECRETARY of the City of Grand Terrace C R A AGENDA ITEM NO. I CITY OF GRAND TERRACE Certificate of Serv*ce Presented To JAMES H MOORE CHARTER GRAND TERRACE HEAD LIBRARIAN 1985 - 1990 During these five years, Jim has worked with the Friends of the Library, the City Council, the Chamber of Commerce and members of this community to develop a library which fulfills the needs of its patrons and which is a definite asset to the community Under Jim's direction, the book collection has grown from 6,500 volumes to 14,000 volumes Annual circulation has grown from approximately 4,389 to the present circulation of 13,241 Among his other contributions, he planned adult monthly programs, established a newsletter and a monthly calendar of library events, as well as created a well-rounded collection of books for children and adults Our sincere thanks and best wishes go to Jim for his knowledge, experience and dedication in making the library the important part of this community which it has become under his leadership \1 n()[ 11) F 1 ^J a i A ffH x! Ji 14(l,"tTittry of (6ranb 0fr-nata BICYCLE SAFETY AWARENESS MONTH SEPTEMBER, 1990 _r WHEREAS, a community's most valuable asset is its youth, and education to stimulate and encourage good citizenship, safety habits and to promote their well-being should be supported by all segments of the community, J-- and bicycle to the WHEREAS, safety is of vital concern, not only �y youth of the community, but to all citizens as more and more adults enjoy this �. wholesome recreational activity placing greater importance on the need for understanding and cooperation between bicyclists and motorists to safely and sanely share our roadways NOW, THEREFORE, I, BYRON R MATTESON, Mayor of the City of Grand Terrace, on behalf of the City Council, hereby proclaim September 1990 as "BICYCLE SAFETY AWARENESS MONTH" in the City of Grand Terrace, and encourage everyone in the community to take an active part in this meaningful and educational safety reminder c� MAYOR of the City of Grand C._Z_Z; Terrace and the City Council thereof This 6th day of September, 1990 r "` FY' CITY OF GRAN ERRACE DATE SEPTEMBER 6, 1990 PENDING CRY COUNCIL APPROVAL CHECK REGISTER NO 090690 CHECK NUMBER VENDOR OUTSTANDING DEMANDS AS OF SEPTEMBER 6, 1990 DESCRIPTION AMOUNT P6854 SHARON KORGAN REIMBURSEMENT FOR SUPPLIES FOR CRIME PREVENTION $ 34 91 P6855 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 8/21/90 169 67 P6856 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 8/21/90 120 59 P6857 PARAMOUNT EQUIPMENT SALES RESCUE UNIT, FIRE STATION, BALANCE DUE 50,773 48 P6858 EMPLOYMENT DEVELOPMENT DEPT STATE WITHOLDING TAX FOR 4/27/90 PAYROLL, REPLACE CHECK LOST IN MAIL 804 68 P6859 PERS FOR PAYROLL ENDING 8/17/90 2,737 31 P6860 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 8/24/90 137 37 P6861 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 8/24/90 98 70 P6862 DISNEYLAND EXCURSION FOR RECREATION 441 00 P6863 JEANETTE GARDNER TERMINATION PAY 369 07 P6864 AMERICAN PLANNING ASSOCIATION REGISTRATION FOR CONFERENCE 900 00 P6865 CALIFORNIA SKATE-G T SKATING, DAY CARE 85 00 P6866 CCPOA REGISTRATION FOR CRIME PREVENTION SEMINAR 230 00 P6867 HQ OFFICE SUPPLIES OFFICE SUPPLIES 120 87 P6868 ALL PRO CONSTRUCTION RAZE HOUSE, G T ROAD, SEAL AND STRIPE PARKING LOT AT CIVIC CENTER, REMOVE SAND AT PARK ON DE BERRY, SHOULDER GRADING AND STREET PATCHING 11,721 00 �VP6869 SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 8/28/90 385 20 )P6870 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 8/28/90 52 81 ��'22103 AMERICAN PLANNING ASSOCIATION JOURNAL 23 00 22104 COUNTY OF RIVERSIDE PORTION OF STOP SIGN AT MICHIGAN/MAIN 343 57 N 22105 DALE JONES PHOTOGRAPHY PHOTOS, CARLSTROM 41 63 22106 O'CONNELL DRYWALL OVERPAYMENT ON PERMIT 7 00 � 22107 ED O'NEAL TRAVEL ADVANCE FOR CRIME PREVENTION CONFERENCE 80 00 L CITY OF GRA�� ERRACE DATE SEPTEMBER 6, 1990 CHECK REGISTER NO 090690 CHECK OUTSTANDING DEMANDS AS OF SEPTEMBER 6, 1990 NUMBER VENDOR DESCRIPTION AMOUNT 22108 M H MOORE 22109 DANIEL BUSH 22110 AT & T INFORMATION CENTER 22111 ACCENT PRINT & DESIGN 22112 AIRKEM PROFESSIONAL PRODUCTS 22113 RANDALL ANSTINE 22114 BASTANCHURY BOTTLED WATER 22115 BOOK PUBLISHING COMPANY 22116 DANIEL BUCHANAN 22117 CONSTANCE CHAPMAN 22118 CITY OF COLTON 22119 EASTMAN KODAK COMPANY 22120 EASTMAN KODAK CREDIT CORPORATION 22121 EWING IRRIGATION SUPPLIES 22122 GT LOCK & KEY 22123 GRAFFIT SOLUTIONS 22124 W W GRAINGER, INC 22125 STANLEY HARGRAVE 22126 HERMAN HILKEY 22127 HONEYWELL, INC 22128 P HOWES, HORTICULTURIST 22129 HYDREX PEST CONTROL 22130 HYDRO-SCAPE PRODUCTS, INC 22131 C R JAESCHKE, INC REFUND, WASTE WATER DISPOSAL SERVICES $ 8 50 REFUND, WASTE WATER DISPOSAL SERVICES 8 50 RENT PHONE, EMERGENCY OPERATIONS CENTER 4 38 ENVELOPES AND FLYERS FOR COUNTRY FAIR 189 69 JANITORIAL SUPPLIES 83 64 AUTO ALLOWANCE FOR SEPTEMBER, 1990 200 00 BOTTLED WATER FOR CIVIC CENTER, 8/16/90 72 00 SUPPLEMENT TO MUNICIPAL CODE 3,961 60 PLANNING COMMISSION MEETING, 8/21/90 35 00 CLEAN REST ROOMS AT PARK (8 DAYS) 160 00 WASTE WATER DISPOSAL SERVICES FOR SEPTEMBER, 1990 37,744 09 MAINTENANCE ON KODAK COPIER FOR JULY, 1990 110 00 LEASE KODAK COPIER, SEPTEMBER, 1990 245 60 IRRIGATION SUPPLIES FOR PARKS 514 00 DUPLICATE KEYS 53 40 GRAFFITI REMOVER 205 75 SAFETY CANS, STORAGE CABINET, LAMPS, PIPE CUTTER 833 02 PLANNING COMMISSION MEETING, 8/21/90 35 00 PLANNING COMMISSION MEETING, 8/21/90 35 00 MAINTENANCE ON HVAC UNIT, SEPTEMBER, 1990 1,043 00 PESTICIDE SEMINAR, MAINTENANCE 390 00 PEST CONTROL FOR CIVIC CENTER, AUGUST, 1990 73 00 LANDSCAPE SUPPLIES FOR PARKS 150 63 PARTS FOR POWER MOWER 32 88 E CITY OF GRAM ERRACE DATE SEPTEMBER 6, 1990 CHECK REGISTER NO 090690 CHECK OUTSTANDING DEMANDS AS OF SEPTEMBER 6, 1990 NUMBER VENDOR DESCRIPTION AMOUNT 22132 LAKESHORE CURRICULUM SUPPLIES FOR TINY TOTS $ 134 60 22133 MCI TELECOMMUNICATIONS LONG DISTANCE PHONE 18 93 22134 MCKENZIE-SCOTT COMPANY MAINTENANCE OF OLYMPIA,MACHINES FOR 1990/91 955 40 22135 MOORE RECREATION/PARK EQUIP GROUND COVER FOR TERRACE HILLS PARK PLYGROUND 9,129 52 22136 RAY MUNSON PLANNING COMMISSION MEETING, 8/21/90 35 00 22137 PACIFIC BELL PHONE FOR SENIOR CITIZENS, EMERGENCY OPERATIONS CENTER, CIVIC CENTER, AND DAY CARE 798 04 22138 THE PETRA COMPANIES GARAGE SALE PERMITS AND SELF INKING STAMPS 200 28 22139 PERRY'S STATIONARY SUPPLIES OFFICE SUPPLIES 12 25 22140 PETTY CASH REIMBURSEMENT OF PETTY CASH, GENERAL 279 33 22141 PETTY CASH REIMBURSEMENT OF PETTY CASH, GENERAL 107 50 22142 PRICE CLUB BEDLINNER FOR 1990 FORD PICK-UP 213 49 22143 R H A LANSCAPING ARCHITECTURE, BARTON ROAD 15 23 22144 RICHARD ROLLINS TRAVEL ADVANCE FOR CRIME PREVENTION CONFERENCE 220 00 22145 ROYAL CARE LANDSCAPE MAINTENANCE FOR TERRACE PINES 250 00 22146 COUNTY OF SAN BERNARDINO FIREWORKS SIGNS, STREET SIGNS, AND TOOLS 380 60 22147 DAVID SAWYER AUTO ALLOWANCE FOR SEPTEMBER, 1990 200 00 22148 THOMAS SCHWAB AUTO ALLOWANCE FOR SEPTEMBER, 1990 200 00 22149 L J SNOW FORD 1990 FORD PICK-UP 13;792 10, 22150 SPEEDEE OIL CHANGE/TUNE UP OIL CHANGE FOR 1990 FORD PICK-UP 31 65 22151 SPORTSMART AWARDS FOR SLO-PITCH SOFTBALL 175 00 22152 THE SUN NOTICE OF ELECTIONS, NOTICE OF PUBLIC HEARINGS, NOTICE OF NEGATIVE FILINGS, AND AD FOR PERSONNEL 644 28 22153 TRI-COUNTY OFFICIALS UMPIRES FOR SLO-PITCH SOFTBALL, 8/1-8/16/90 216 00 22154 FRAN VAN GELDER PLANNING COMMISSION MEETING, 8/21/90 35 00 I CITY OF GRAN ERRACE DATE SEPTEMBER 6, 1990 CHECK REGISTER NO 090690 CHECK NUMBER VENDOR OUTSTANDING DEMANDS AS OF SEPTEMBER 6, 1990 DESCRIPTION AMOUNT 22155 WAXIE JANITORIAL SUPPLIES $ 366 33 22156 WEST-COMPUTIL PROCESS PARKING CITATIONS FOR JULY, 1990 25 00 22157 WESTERN HIGHWAY PRODUCTS SUPPLIES FOR STREETS 43 95 22158 WMI SERVICES-PERRIS STREET SWEEPING FOR JULY, 1990 2,358 00 22159 WORLD WIDE GAMES 6' PUSHBALL, DAY CARE 323 35 TOTAL $147,026 37 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 THOMAS SCHWAB FINANCE DIRECTOR 4 0 CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 9, 1990 "tEe'fl)fi4G CITE' COUNCIL APPROVAL 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 August 9, 1990, at 6 00 p.m. PRESENT Byron Matteson, Mayor Hugh J. Grant, Mayor Pro Tem Barbara Pfennighausen, Councilmember Jim Singley, Councilmember Gene Carlstrom, Councilmember Thomas J. Schwab, City Manager/Finance Director Juanita Brown, City Clerk Randall Anstine, Assistant City Manager David Sawyer, Community Development Director Joe Kicak, City Enqineer John Harper, City Attorney ABSENT None The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church, followed by the Pledge of Allegiance led by Councilmember Singley. Mayor Matteson convened City Council meeting at 6 00 p m. Mayor Matteson reconvened City Council meeting at 6 15 p.m. ITEMS TO DELETE None SPECIAL PRESENTATIONS 2A Jim Roddy, Executive Officer, Local Agency Formation Commission, presented a Resolution to Mayor Pro Tem Grant expressing appreciation and gratitude for his length of service on the Commission. 2B Mayor Matteson read a Proclamation proclaiming the month of October, 1990, as "Energy Awareness Month." CONSENT CALENDAR CC-90-130 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to approve the Consent Calendar. A. APPROVE CHECK REGISTER NUMBER 080990 COUNCIL AGENDA ITEM # 30L Council Minutes - 8/09/90 Page 2 B. RATIFY 8/09/90 CRA ACTION C. WAIVE FULL READING OF ORDINANCES ON AGENDA D. APPROVAL OF 7/26/90 MINUTES E. EMERGENCY PLAN UPDATE F. AWARD STREET AND STORM DRAIN CONTRACT G. AWARD STREET SWEEPING CONTRACT H. AUTHORIZATION FOR CITY CLERK TO ATTEND CEPO CONFERENCE IN SANTA BARBARA I. APPROPRIATION FOR ADDITIONAL IMPROVEMENTS - MICHIGAN STORM DRAIN J. RENEWAL OF THE STATE SURPLUS PROPERTY PROGRAM K. AGREEMENT TO PREPARE SOURCE REDUCTION PURSUANT TO AB 939 L. APPROPRIATION FOR FINANCE DEPARTMENT EQUIPMENT l M. PLANNING COMMISSION REQUEST FOR COUNCIL TO DIRECT STAFF TO PREPARE A SATELLITE DISH ORDINANCE N. ASSEMBLY BILL 1791 - IMPLEMENTATION OF CONGESTION MANAGEMENT PLAN 0. AWARD BID FOR TEMPORARY MODULAR UNIT FOR THE SENIOR CITIZEN'S CENTER PUBLIC COMMENT John Weeks, 22773 Brentwood, Grand Terrace, indicated that after comparing bills with neighbors, he and other residents have been over -charged by Loma Linda Disposal/BFI. He recommended an audit stating that he and others have been over -charged for several months. He also expressed concern that the company will no longer pick up discarded Ice Plant. Mayor Matteson, directed staff to look into the complaints made by Mr Weeks. ORAL REPORTS 5A. Committee Reports 1. Parks & Recreation Committee (a) Minutes of June 4, 1990 Council Minutes - 8/09/90 Page 3 CC-90-131 MOTION BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to Minutes of June 4, 1990. 5B. Council Reports PFENNIGHAUSEN, SECOND BY COUNCILMEMBER accept the Parks & Recreation Committee Councilmember Singley, make reference to SB 1333 which allowed changes in the Brown Act relating to public participation and public notice. He felt that the City should continue to do business under the old guidelines and suggested that Council adopt a Resolution opposing the changes. Councilmember Pfenni hausen, agreed that Council should continue to follow the old guidelines and encourage citizen input. Mayor Matteson, directed staff to put a Resolution on the next agenda opposing changes in legislation Mayor Pro Tem Grant, agreed that Council should continue to do business under the old guidelines. Councilmember Pfennighausen, stated that Council has taken action to become a co-financer to get continuity of wall -face along Barton Road. She felt that the City should notify the residents of the action taken so they will not put up unattractive wood fences. She expressed concern that the residents are allowed to install vehicle gates along Barton Road where there are no driveways. She also expressed concern about the safety of the residents using the vehicle gates. City Engineer Kicak, indicated that by the restrictions on the tract map, there should be no access from the northerly side of Barton Road. However, we have an Ordinance that prohibits large vehicles in the front yard set -back area and there is not sufficient set -back off the street on which those houses are addressed to provide access for Recreational Vehicles to get into the back yards. He indicated that the residents have been using blocks or ramps to access their yards. Mayor Matteson, directed staff to investigate and report back to Council. Mayor Pro Tem Grant, reported that he attended the San Bernardino Associated Government County Transportation Commission meeting on August 1st. He asked the City Attorney for an update on the Billboard issue. City Attorney Harper, reported that the Billboard Company had appealed the judges ruling and requested reconsideration. We reargued the demur and it was sustained as to all the significant counts There is still one cause of action that has not been dismissed. Council Minutes - 8/09/90 Page 4 Mayor Matteson, indicated that the bid was awarded for the Temporary Modular Unit for the Senior Citizen's Center and introduced Philomene Spisak who requested to address the Council on that issue. Philomene Spisak, on behalf of the Grand Terrace Senior's, thanked Council, staff, the Chamber of Commerce and the community for the support that has been given in the building of the Senior Center. 1' PUBLIC HEARINGS 6A Vacation of Portion of Barton Road (Darwin Parcel) City Manager Schwab, indicated that prior to incorporation, the property owner at the northwest corner of Barton Road and Canal Street dedicated 19 1/2 feet for the Barton Road ultimate right-of- way. Subsequent to that time the City has changed the ultimate right-of-way and it leaves two feet of right-of-way which is not needed by the City for any improvements in the future. The property owner has requested that the City vacate that two feet. Mayor Matteson opened discussion to the public, there being none, Mayor Matteson returned discussion to Council. CC-90-132 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to adopt the Resolution ordering the Vacation and direct the City Clerk to record the Resolution. 6B. Amendment of Ordinance No. 64 - Street Cut Policy City Manager Schwab, indicated that this amendment would require public service companies to post a cash deposit prior to street excavation. This action will then make the posting requirements uniform for the general public and utilities alike. Mayor Matteson opened discussion to the public Gene McMeans, Riverside Highland Water Co., indicated that in 1987 he tal ked with City staff on street cuts and since then has sent a monthly to bi-monthly letter to the City showing street cuts that have been made, and he indicated that he has received no complaints. He stated that he works closely with the City Engineer to see that the contractors have no questions as to what is expected. He expressed concern about portions of the Street Excavation Ordinance indicating that he felt a section should be added stating that if a street is closed there should be a minimum of 24 hours notice given for safety vehicles. He made reference to the portion that reads ". excavations in excess of two feet by four feet shall not be made without prior approval of plans by the City Engineer He felt that it should be changed to at least four feet by four feet for safety reasons. He expressed concern that his insurance company may not list the City as an additional insured Council Minutes - 8/09/90 Page 5 and stated that if this is the case he would like the opportunity to talk with staff and work something out Mayor Matteson returned discussion to Council. Councilmember Pfennighausen, asked if there would be a problem changing the requirements from two by four to four by four. She indicated that she is in favor of amending the Ordinance to require that public service companies post a cash deposit. City Engineer Kicak, replied that it would not be a problem Councilmember Singley, asked if the permit has a time limit to complete construction. City Engineer Kicak, stated that each permit will vary depending on the work to be done. CC-90-133 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to adopt an Ordinance, amending Ordinance 64, requiring that all individuals and public utilities initiating street cuts, shall be required to post deposits before excavation takes place. 6C. SP-90-02, TTM-90-02 subdivision Raven/I and E-90-03, a Specific Plan for a 22 lot Community Development Director Sawyer, reported that this is a pecific Pan for a 22- of su division located at 22872 Main Street He indicated that this Specific Plan is a proposal for land division only, a Specific Plan is required because the number of lots proposed exceeds 20 and a large portion of the project is located in the City's Residential Hillside District, which requires all projects to prepare a Specific Plan. Through the Specific Plan, the applicant is proposing to develop only that portion of the property which is located in the R1-20 District, which is the lower, flatter part of the site. The remainder of the site is to be dedicated to the City as permanent open space and recreational area. He recommended that Council approve the Resolution approving SP-90-02, TTM-90-02 and its associated Negative Declaration as conditioned in the Resolution. Mayor Matteson opened discussion to the public. Michael Raven, Applicant, 1020 Oak Forest, Pasadena, indicated that he would be using approximately 12 acres out of a 53-acre site and he is proposing to dedicate to the City, 41 acres for use as a park in the future. He indicated that the lot sizes vary from 12,700 to 48,000 sq. ft. Mayor Matteson, asked if this development would eliminate the istorica epee Ranch. Council Minutes - 8/09/90 Page 6 Community Development Director Sawyer, replied that that is the property being discussed, however, the Tepee Rock will remain. He indicated that the development would not go up to the Tepee Rock. Councilmember Pfennighausen, expressed concern about terracing She asked if the natural topography would be disturbed. Community Development Director Sawyer, indicated that the areas that are steeper at the back of the property will not be disturbed. Mary Ann Elliot, 22790 Raven Way, Grand Terrace, indicated that she is in favor of this project being developed. Councilmember Pfennighausen, made reference to page 15 and asked if the amount of water shares should be changed due to action taken by Riverside Highland Water Co. Gene McMeans, Riverside Highland Water Co , indicated that with the stock sp it that was made effective the 17th of last month, a single resident there will have to have two shares, which is equivelent to the 1/2 share today. Councilmember Pfennighausen, stated that the Specific Plan shows that all high school students attend Colton High School She indicated that that is incorrect due to the fact that some students attend private school. She felt it should be altered to reflect the fact that Colton High School is the school that is designated to service the City of Grand Terrace. She indicated that this Specific Plan shows that the City has a franchise with Loma Linda Disposal and noted that this is under the presumption that that will be accepted since we are currently negotiating the franchise. She indicated that she is opposed to the City taking control of any portion of the side of Blue Mountain because of liability and felt that the City should refuse to accept the dedication and that area should be maintained by the howeowners association. She expressed concern that the water pressure listed will not be enough. She expressed concern about the grading and blasting that may be necessary indicating that there are many large boulders in that area that may be dangerous. She felt that the City should be willing to have an inspector on site to ensure that work is being done to specifications. She indicated that she would like to see as condition of approval that those who have prepared reports be required to be on site while work is being done. Michael Raven, Applicant, indicated that by lowering the pad elevations the water pressure has increased by approximately 5 pounds Tony Petta, 11875 Etcn Dr , Grand Terrace, encouraged Council to accept the land dedication indicating that this is an opportunity to gain control of a portion of Blue Mountain to be preserved for posterity. Council Minutes - 8/09/90 Page 7 Stan Hargrave, 12048 Canary Ct., Grand Terrace, felt that if Council does not accept the land dedication they should consider alternatives to the Homeowners Association. He felt that Homeowners Associations are ineffective and would not have the financial ability to take care of disasters that may occur in that area. Dennis Kidd, 22874 Pico St., Grand Terrace, felt that the proposed dedication would enhance the City and that Council should accept the land. Mary Ann Elliot, 22790 Raven Way, Grand Terrace, indicated that she is in favor of the City accepting the dedication expressing concern about the land going to a homeowners association. Mayor Matteson returned discussion to Council. CC-90-134 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 4-1 (COUNCILMEMBER PFENNIGHAUSEN VOTED NOE), to adopt a Resolution approving SP-90-02, TTM-90-02 and its associated Negative Declaration (E-90-03) as conditioned in the Resolution. 6D. Z-90-01, Repeal of Title 18 of the Grand Terrace Municipal Code the Cit s Zoning Ordinance and E-90-02, a Negative Declaration or the proposed revision of Title 18 Community Development Director Sawyer, indicated that this is a complete revision of Title 18 to bring the zoning Ordinance and map into conformance with the City's revised General Plan. He approached the map and pointed out the major changes. He indicated that two major changes are the addition of a commercial manufacturing district and a new section on yards, which prevents the storage of boats and recreational vehicles in front yard setbacks. Mayor Matteson opened discussion to the public. Gene McMeans, Riverside Highland Water Co., indicated that the proposed zoning change would help in their efforts to relocate the office and storage yard to Grand Terrace. Patty Dodson, 21974 De Berry St., Grand Terrace, indicated that she has three acres accross from the proposed CM zone. She stated that she has lost out on sales because of the zoning and requested that her property be zoned CM. Ron Christianson, 22422 Raven Way, Grand Terrace, felt that Council should consider the cost of enforcing the RV parking requirements as written in the Ordinance. Lee Swertfeger, 12438 Michigan, Grand Terrace, stated that the proposed CM zone would affect his property and indicated that he is in favor of the change. Council Minutes - 8/09/90 Page 8 Mayor Matteson returned discussion to Council. Councilmember Pfennighausen, asked what zone would be needed for a full -service automobile agency. Community Development Director Sawyer, indicated that an automobile agency could be in a C2 or CM zone and both zones would require a conditional use permit Mayor Pro Tem Grant, stated that he is not in favor of the boat and RV parking restrictions indicating that it would force some residents to use public storage facilities. CC-90-135 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to delete boats and RV's from section 18.73.200. Councilmember Pfennighausen, asked what zone would be required for a funeral home She indicated that in the residential section it reflects studio apartments and stated that by previous action taken by Council, studio apartments should be removed. Under the sign regulations, she felt that Council should consider allowing portable signs for businesses to advertise specials. She referred to the section on the appeals process and asked what the legal requirements are when new information is brought to Council. Community Development Director Sawyer, indicated that a funeral home cou d be in the C2 or CM zone City Attorney Harper, stated that Council has no legal obligation to send a project with new information back to the Planning Commission. CC-90-136 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 4-0-0-1 (COUNCILMEMBER CARLSTROM ABSTAINED), to extend the CM district up to where Commerce Way ends. CC-90-137 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to adopt Title 18 with the changes. UNFINISHED BUSINESS 7A. Report on Michigan Sidewalks Between De Berry/Van Buren City Manager Schwab, stated that Council directed staff to bring the issue of a pedestrian sidewalk on Michigan between De Berry and Van Buren back to Council. He indicated that the City Engineer has provided three alternatives with the ideal alternative being construction of the full improvements. Alternative two would provide a temporary solution at an extremely high cost of $66,000. Alternative three would result in four unhappy homeowners who would have Michigan Street moved 13 ft. closer to their residences, and create an undesirable driveway angle. He recommended that Council Council Minutes - 8/09/90 Page 9 consider the alternatives for Michigan Street sidewalk improvements and direct staff to consider this item for a gas tax expenditure in the next annual fiscal year budget. Mayor Matteson, indicated that he is not in favor of alternative one because the sidewalk is needed on the east side for the children going to school and he is not in favor of alternative three because it would make the residents in that area have an undesirable slope. Councilmember Pfennighausen, felt that alternative three could be done without the full 13 feet. Mayor Matteson, directed staff to contact the residents along that portion of Michigan and report back to Council. 7B. Landscaping and Street Lighting District 89-1 City Attorney Harper, stated that last year Council formed a Landscaping and Lighting District encompassing Terrace Pines. He indicated that the City is obligated under the statute to annually hold a Public Hearing and levy the assessments. Before you tonight are three Resolutions, one ordering the engineers report the second accepting the report, which has been provided and the third setting a Public Hearing for the next regular meeting. CC-90-138 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to adopt the Resolutions ordering the engineers report, accepting the report and setting a Public Hearing. NEW BUSINESS 8A. Training Program for Planning Commission Members City Manager Schwab, stated that staff was requested to bring to Council the issue of potentially forming a policy for Planning Commissioner attendance to training and seminars. He indicated that since the Planning Commission sits as a voluntary body it is not his recommendation that we make it mandatory that they attend the training sessions. However, he felt that we should encourage their attendance to the sessions. Mayor Matteson, suggested that the City could have workshops for the volunteers. Mayor Pro Tem Grant, agreed that attendance to seminars should not be mandatory. Councilmember Pfennighausen, felt that training is critical for Planning Commissioners and indicated that other City's may have the same concerns. She felt that our concerns should be conveyed to the League of California Cities that possibly a more round-robin, Council Minutes - 8/09/90 Page 10 through the State of California, one -day training seminars might be made available. She stated that uninformed Planning Commissioners can create a lot of problems and planning problems are becoming more and more complex. She felt that if we can't do it ourselves, we need to express this concern to the League and see if they can be responsive to this and if the league responds favorably and sponsors these then I believe it is encumbant upon this Council to make a certain number of hours training mandatory for a position on the Planning Commission. Councilmember Carlstrom, indicated that he is against mandatory training for volunteers. Mayor Matteson, indicated that he will check with the League of California Cities to see what is available. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 9 30 p.m., until the next regular CRA/City Council meeting, which is scheduled to be held on Thursday, August 23, 1990. CITY CLERK of the City of Grand Terrace. MAYOR of the City of Grand Terrace CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 23, 1990 PENDING CITY COUNCIL APPROVAL 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 August 23, 1990, at 6 00 p.m. PRESENT Byron Matteson, Mayor Hugh J. Grant, Mayor Pro Tem Barbara Pfennighausen, Councilmember Jim Singley, Councilmember Gene Carlstrom, Councilmember Thomas J Schwab, City Manager/Finance Director Randall Anstine, Assistant City Manager David Sawyer, Community Development Director Joe Kicak, City Engineer John Harper, City Attorney ABSENT Juanita Brown, City Clerk The meeting was opened with invocation by Pastor Lowell Hamill, Praise Fellowship Foursquare Church, 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 None SPECIAL PRESENTATIONS 2A. Mayor Matteson presented a Proclamation to Virginia McKenzie and Edith Evans, proclaiming the week of September 17-23, 1990 as "Constitution Week." CONSENT CALENDAR CC-90-139 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve the remainder of the Consent Calendar with the removal of Item A. B. RATIFY 8/23/90 CRA ACTION C. WAIVE FULL READING OF ORDINANCES ON AGENDA COUNCIL AGENDA ITEM #3QZ Council Minutes - 8/23/90 Page 2 D AUTHORIZATION TO GO TO BID FOR STREET STRIPING E. RESOLUTION AMENDING LEGISLATION REGARDING POSTING & PUBLIC PARTICIPATION F. INSTALLATION OF STOP SIGNS -- SOUTHEAST CORNERS OF CARDINAL/ORIOLE AND HOLLY/BRENTWOOD G. RESCHEDULE SEPTEMBER COUNCIL MEETING PUBLIC COMMENT Ron Christianson, 22422 Raven Way, Grand Terrace, indicated that he is a candidate for the November City Council Election and announced that there will be a Candidates Forum on October 24th at 6 00 p.m. He encouraged all residents to attend. He requested that Council consider adopting an Ordinance similar to one adopted by the County of San Bernardino, requiring blinder racks to protect minors from access to pornographic magazines. Mayor Matteson, directed staff to prepare an Ordinance and bring it back to Council. Rich Haubert, Riverside Highland Water Co., on behalf of the American Waterworks Association, presented Council with a Certificate of L� Appreciation for use of the facilities for a distribution examination. ORAL REPORTS 5A. Committee Reports 1. Crime Prevention Committee (a) Minutes of August 13, 1990. CC-90-140 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to accept the August 13, 1990 Crime Prevention Committee Minutes. 2. Parks & Recreation Committee (a) Appoint New Committee Members CC-90-141 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to appoint William Johansen and JoAnn Johnson to the Parks & Recreation Committee. 3. Historical & Cultural Committee (a) Minutes of August 6, 1990. Council Minutes - 8/23/90 Page 3 CC-90-142 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to accept the August 6, 1990 Historical & Cultural Committee Minutes. Councilmember Pfennighausen, asked when the Sister City display will be set up and where it will be. City Manager Schwab, indicated that he will check with the Committee and report back to Council. 5B. Council Reports Councilmember Pfennighausen, asked if under the proposed Street Cut Ordinance, public utilities are required to post a cash deposit each time a street cut is made. City Engineer Kicak, indicated that that is correct He indicated that Council could allow a blanket permit for small cuts but once the deposit is utilized additional funds would have to be provided. He indicated that the amount of the blanket permit can be set by Council Councilmember Singley, announced that he plans to leave the area and wi 1 not be seeking reelection, however, his name will appear on the ballot. He stated that he will fulfill his current term. Mayor Pro Tem Grant, indicated that the City has received from San Bernardino Associated Governments, the second Measure I disbursement under previous legislation. He felt that the "Constitution Week" Proclamation was appropriate with the activity in the middle east. Mayor Matteson, stated that there is another sales tax proposed and felt that the people are currently over -taxed and should reject any future tax increases. PUBLIC HEARINGS 6A. Annual Levy - Landscaping & Lighting Assessment District No. 89-01 City Attorney Harper, indicated that, as required by statute, this is a Public Hearing on the annual levy to pay costs for the assessment district established last year. Mayor Matteson opened discussion to the public, there being none, Mayor Matteson returned discussion to Council CC-90-143 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, adopt adopt the Landscaping & Lighting Assessment District Resolutions and direct the Finance Director to place the assessments on the tax roll. Council Minutes - 8/23/90 Page 4 UNFINISHED BUSINESS 7A. SECOND READING - AN ORDINANCE OF THE CITY OF GRAND TERRACE AMENDING TITLE 12 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING CHAPTER 12.08, SECTION 12.08.080 AND SECTION 12.08. 60 AND ADDING A NEW SECTION 12.08.080 ENTITLED CASH DEPOSITS AND SECTION 12.08.360 ENTITLED PUBLIC SERVICE COMPANIES Mayor Matteson, asked how the blanket permit can be added as indicated earlier by City Engineer Kicak. City Attorney Harper, stated that the general language of the Ordinance is sufficient He indicated that Council is obligated under this Ordinance to adopt a fee schedule and the cost of a blanket permit can be addressed at that time. CC-90-144 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to adopt an Ordinance amending Title 12 of the Municipal Code by repealing Chapter 12.08, Section 12 08.080 and Section 12.08.360 and adding a new Section 12.08.080 entitled Cast Deposits and Section 12.08.360 entitled Public Service Companies. 7B. SECOND READING - AN ORDINANCE OF THE CITY OF GRAND TERRACE, ADOPTING AMENDMENT Z-90-01, REPEALING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE AND ADOPTING A REVISED TITLE 18 AND ITS ASSOCIATED NEGATIVE DECLARATION E-90-02 CC-90-145 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to adopt an Ordinance of the City of Grand Terrace adopting amendment Z-90-01, repealing Title 18 of the Municipal Code and adopting a revised Title 18 and its associated Negative Declaration (E-90-02). ORDER OF ADJOURNMENT Mayor Matteson adjourned the until the next regular CRA/Cit to be held Thursday, September MAYOR of the City of Grand Terrace y City Council meeting at 6 35 p.m., Council meeting which is scheduled 6, 1990. CITY CLERK of the City of Grand Terrace. CITY CLERK'S DEPARTMENT STAFF REPORT DATE August 28, 1990 CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE- 09/06/90 SUBJECT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FUNDING REQUIRED NO On September 30, 1990 our Disadvantaged Business Enterprise Program will expire In order to be a recipient of Department of Transportation funds and subsequent to Title 49 CFR, Part 23, the City must annually adopt this program See attached letter from the Department of Ti ansportation STAFF RECOMMENDS COUNCIL ADOPT A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE CITY OF GRAND TERRACE AND DIRECT THE CITY CLERK TO PUBLISH NEXT YEAR'S GOALS IN BOTH MAJORITY AND MINORITY MEDIA WITH A 45-DAY COMMENT PERIOD ATTACHMENT COUNCIL AGENDA ITEM # 3E 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) 3834609 August 13, 1990 Ms Nita Brown DBE Liaison Officer City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Dear Ms Brown RECEIVED CITY CLERK'S DEPT On September 30, 1990 your Disadvantaged Business Program (DBE) will expire The 1987 Surface Transportation and Uniform Relocation Assistance Act (STURAA) states that for purposes of the Act, women are presumed to be socially and economically disadvantaged Accordingly, FHWA has eliminated the requirement for separate DB and WBE goals Future projects shall contain only DBE goals of which any or all may be made up of WBE's The minimum DBE goal is still 10%, but also includes women under the new Act The need for a list of anticipated projects and a statement of the overall goals are no longer required However, you are required to publish your next }ear's goals in both minority and majority media with a 45-day co-lment period for informational purposes Please be sure advertisement shows the annual goal and the goal period of October 1, 1990 through September 30, 1991 Documentation of advertisement of annual goals must be forwarded to our office A Resolution will not be required this year unless your Agency did not renew their goal last }ear, in that case it is requested that a Resolution be adopted similar to the following "The (Local Agency) Disadvantaged Business Program is hereby modified to comply with the 1987 Surface Transportation and Uniform Relocation Assistance Act which presumes that women are socially and economically disadvantaged individuals whose participation may be counted in attaining DBE goals As such separate WBE goals will no longer be used and the terms "DB and WBE" in the current adopted program shall be understood to mean DBE " A copy of the Resolution and advertisement must also be forwarded to our office Ms Nita Brown Page 2 August 13, 1990 As this is a FHWA requirement for all federally funded projects, it is important that the DBE goals be kept current Failure to comply will result in your inability to advertise present or future federally funded projects If you have any questions, please call Mary Patterson at (714) 383-4565 Very truly yours, � C-� 4 �-) � J L BALCOM Chief, Local Streets and Roads DATE August 30, 1990 STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (xx) MEETING DATE Sept 6, 1990 SUBJECT ADOPTION OF A RESIDENTIAL REFUSE COLLECTION ORDINANCE FUNDING REQUIRED NO FUNDING REQUIRED XX The City of Grand Terrace currently does not regulate refuse collection and disposal in any way other than the provisions made by the State law Health & Safety sections regulating refuse disposal and collection The passage of Assembly Bill 939 requires that cities be the agency responsible for the task of controlling and reducing the refuse wastestream In order for the City to be able to meet the mandates of AB 939, it will be necessary for the City to have control of the wastestream The Council, with a previous action, approved an Agreement to join with other Valley Cities to conduct a comprehensive waste characterization and classification study This study will determine the tonnage of refuse being collected from the City and the overall makeup of the refuse The State has mandated that cities reduce the overall volume disposed at landfills by 25 percent in 1995 and 50 percent in the year 2000 The mandates will be achieved by a combination of recycling, composting, and source separation at the landfill site (Source separation consists of separating like materials at the landfill and reusing products such as wood, ferrous metals, rubber, etc ) The Refuse Ordinance gives the City the ability to control the manner in which waste is collected and gives the power to grant franchises that further spell out methods of disposal and the rates that may be charged for such disposal The Ordinance exempts parcels over one acre in size from this Ordinance and allows Council to grant exemptions if sufficient cause can be shown that an exemption is warranted Staff has prepared a draft Refuse Ordinance and set a Public Hearing to consider the Ordinance STAFF RECOMMENDS. COUNCIL CONDUCT A PUBLIC HEARING, CONSIDER AND ADOPT AN ORDINANCE OF THE CITY OF GRAND TERRACE, ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF REFUSE CREATED, ACCUMLATED OR PRODUCED WITHIN THE CITY OF GRAND TERRACE TS yj m COUNCIL AGENDA ITEM # (OH ORDINANCE NO 127 AN ORDINANCE OF THE CITY OF GRAND TERRACE ESTABLISHIVG A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF REFUSE CREATED, ACCUMULATED OR PRODUCED WITHIN THE CITY OF GRAND TERRACE THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS Section I Refuse and Gaibage Collection by City or Its Agents All residential and commei cial refuse collection service fi om all places and premises located within the City of Gland Tei i ace shall be bN the City or by any of its duly licensed, permitted of franchised agents, and all occupants or persons in possession, charge or control of such places and premises within the City of Grand Teri ace who provide and pay foi the collection of i efuse shall use the City's collection service or the service pi ovided by any of its duly licensed, permitted or fianchised agents It shall be unlawful foi any person other than the authorized agent or employees of the City to collect, remove or dispose of i efuse within the City of Gi and Terrace, pr o` ided, however, that nothing contained herein shall pi event any such person from removing their own refuse or fi om using garbage disposal devices as permitted by the City of Grand Terrace Section 2 Power of City Council to Contract for Disposal The City Council may let contracts for the collection and disposal of refuse herein, and may as a condition for granting such Conti act i equn e a bond fi om the Conti actor in an amount determined by the City Council for the faithful performance of such agreement In the event the Contractor shall fail to conform to the conditions of such agreement as provided for herein, the City Council, at its option, after Public Hearing, of which the Contractor shall have thirty (30) days notice in writing, may terminate such agreement and let the contract to another person considered by the City Council to be more capable of carrying out the terms of such agi eement In letting Conti acts for refuse disposal, the City Council shall not be required to let the same to the lowest bidder, but shall let such contract to the person most suited to comply with the terms, conditions and intent of this chapter All refuse accumulated within the City shall be collected, conveyed and disposed of by the City or its agent No other person shall collect, convey over any of the streets or alleys of the City, or dispose of any refuse accumulated within the City Collectors of such refuse from outside the City shall not be prohibited from hauling such i efuse over City streets, pi ovided such collectors comply with provisions of this chapter and other applicable rules and regulations ORDINANCE NO 127 PAGE 2 Section 3 Refuse Refuse shall mean and include all garbage or vegetable household waste All combustible or waste which ordinarily is created of accumulated in the operation and maintenance of a household, business or industry, including leaves, cuttings, trimmings from trees, shrubs, and grass Refuse does not include heavy or bulky articles such as trees, tree limbs, logs, automobile bodies, large motor vehicle parts, building or construction materials, abandoned appliances, earth and waste from building operations, or animal feces Section 4 Fees foi Collection of Refuse Fees for the collection of residential and commercial refuse shall be those as established by resolution of the City Council by fi anchise agreement Section 5 Definitions Residential Residential shall mean any single-family dwelling which shall include family units of four (4) attached units or less Section 6 Definitions Commercial Commercial shall mean anything other than residential as defined in Section No 5 of this Or dinance Section 7 Nuisance The keeping of refuse in containers other than the containers pi esci abed herein or the keeping upon premises of refuse which is allowed to become offensive and annoying, shall constitute a public nuisance and may be abated in the manner provided by law for the abatement of nuisances Section 8 Refuse Containers Required It shall be the duty of every owner, lessee, manager and/or person in possession charge or control of a building on any premises located within the City to pi ovide or cause to be provided and at all times to keep or cause to be kept sufficient and convenient portable refuse containers upon such premises Section 9 Type and Size of Containers Each refuse container shall be of sound construction and shall be water -tight and shall have no ragged or shai p edges or any other defect liable to hamper or iinjuie the person collecting the contents thereof Containers shall be made of metal, plastic or otherwise impervious materials, equipped with suitable handles Containers shall not weigh more than sixty (60) pounds when filled with refuse and shall have a capacity of not more than thirty-six (36) gallons Section 10 Covering Containers All containers shall have a tight fitting cover The covers shall not be removed from refuse containers except when necessary to place refuse therein or to i emove i efuse therefrom ORDINANCE NO 127 PAGE 3 Section 11 Loose Materials All loose materials not placed in a refuse contaunei must be securely tied in bundles or bags and shall not weigh more than thirty (30) pounds each, and shall not measure more than eighteen (18) inches in diameter or four (4) feet in length Section 12 Location of Container Each refuse container shall be kept in or placed in such a manner as not to be visible fi om the public street and so as to be easily accessible to the refuse collector provided that during or for the time fixed for the collection of refuse from said containers they shall be kept or placed as follows (a) Near Alley Where there is an alley other than a blind alley in the i ear of such pi emises, the refuse container shall be placed on the premises, within three (3) feet of the i ear pi operty line (b) On Cuib Where these is no alley other than a blind alley in the i ear of the premises, each refuse container shall be placed immediately behind the curb on a public street, in front of the �J premises Where no curb exists, containers shall be placed in a position as though a curb did exist Section 13 Refuse Container in Public Way No person shall place a refuse container in any street, alley, sidewalk, court or other public way in the City at any time other than the regular time for the collection of refuse Every person who so placed a container for the purpose of i efuse collection shall place the container no eai leer than two (2) hours before sundown prior to the date of collection, and shall remove same no later than 7 00 p in on the day of collection or two (2) hours after the container is empty, which eves is later Section 14 Dumping of Refuse No person shall deposit or cause or permit to be deposited any refuse upon or in any public sti eet, alley or other public place, or upon any premises in this City except in refuse containers as provided for in this chapter Section 15 Unusual Accumulations Collection in Certain Places For collection of unusual accumulations of refuse, or collection of refuse fi om location not otherwise provided for in this chapter, reasonable collection charges may be charged as shall be agreed upon by the garbage contractor and the customer ORDINANCE NO 127 PAGE 4 Section 16 Interference with Refuse Container It shall be unlawful for any person, other than the owner of the refuse container or any officer, agent, or employee of said owner or the City or its agents to interfere in any manner with and container or to remove any container from the location where it shall have been placed by the owner thereof Section 17 Improper Substances in Container No person shall place or permit to be placed in any refuse container and substance or material other than refuse as defined in this chapter Section 18 Vehicle for Collection All vehicles used in collecting and transporting refuse shall be provided with metal bodies and shall be constructed as to be water -tight and to prevent the loss of any contents being collected or transported thei ern upon the streets, alleys and other public ways within the City Section 19 Collection - Non -single Family Multi -family residential, commei cial and industi ial units shall have their refuse collected in the same manner and for such rates as the City Council may adopt for various levels of service The frequency of collection shall be negotiated individually but shall be collected at least once a week Section 20 Exemption - Application Parcels over one acre in size are t J exempt from this chapter and where practical difficulties or results inconsistent with the general purposes of this chapter would result from its strict litei al enforcement, the City Council may grant an exemption from certain or all of its provisions, upon such terms and conditions as it deems necessary A written application for exemption shall be filed with the City Clerk setting forth provisions the applicant seeks to be exempt fi om and settling forth with specificity the reasons why such an exemption should be granted Section 21 PENALTIES IF ANY PERSON SHALL VIOLATE ANY OF THE PROVISIONS OF THE CHAPTER, HE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED ($500) DOLLARS OR BY IMPRISONMENT FOR A PERIOD OF NOT MORE THAN SIX (6) MONTHS OR BY BOTH SUCH FINE AND IMPRISONMENT SUCH PERSON SHALL BE DEEMED GUILTY OF A SEPARATE OFFENSE FOR EVERY DAY DURING SUCH PORTION WHICH ANY VIOLATION OF THIS CHAPTER IS COMMITTED, CONTINUED OR PERMITTED BY SUCH PERSON AND SHALL BE PUNISHABLE AS PROVIDED FOR BY THIS CHAPTER ORDINANCE NO 127 PAGE 5 Section 23 Effective date This Ordinance shall be in full force and effect at 12 01 a m on the 31st day after its adoption Section 22 Validity If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of the chapter The City Council hereby declares that it would of passed this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases be declared invalid Section 24 Posting The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council First read at a regular meeting of the City Council of said City held on the 6th day of September, 1990, and finally adopted and ordered posted at a regular meeting of said City Council on the 27th day of September, 1990 MAYOR of the City of Grand Terrace and of the City Council thereof ATTEST CITY CLERK ORDINANCE NO 127 PAGE 6 I, JUANITA BROWN, City Clerk of the City of Grand Terrace, do hereby certify that the fozegoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of September, 1990, by the following vote AYES NOES ABSENT ABSTAIN CITY CLERK Approved as to form CITY ATTORNEY Planning Department TO City Council FROM David R Sawyer, Commumty Development Director DATE September 06, 1990 SUBJECT Staff Report File No TPM-87-03 Request Tentative Parcel Map 10403, an application for a Tentative Parcel Map subdividing 3 5 acres, in Zone R1- 20 into two parcels and one lot for dedication purposes APPLICANT Willis H & Opal Cook LOCATION 11917 Rosedale Avenue (APN# 275-083-04), see Attachment C ENVIRONMENTAL REVIEW This project is categorically exempt per Chapter 15315, Class 15, division of property in residentially zoned area into four or fewer parcels, per California Environmental Quality Act ZONING AND LAND USE - Property GP Zoning Land Use Subject Property LDR R1-20(A) Single Family Residence 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 COUNCIL AGENDA ITEM # (�� Property GP Zonin Land Use To the West City of Colton Single Family Residence To the East City of Colton Stater Bros ' Warehouse To the North LDR R1-20(A) Single Family Residence To the South LDR R1-20(A) Single Family Residence BACKGROUND On April 22, 1987, the applicant submitted an application to subdivide a single 3 22 net acre R1 parcel into four individual parcels located at 11917 Rosedale Avenue (Attachment B) However, on June 15, 1987 the applicant requested that this item be continued until after the City Council took action on the General Plan Amendment and Zoning Code Amendment for the area west of the freeway On June 12, 1990, the applicant submitted a formal application to reactivate TPM-87-03 (Attachment Xs Exhibit A) and is now before you this evening with a revised tentative parcel map from the original application DISCUSSION The subject property contains approximately 3 5 acres (151,524 square feet) The tentative parcel map proposes to subdivide the property into two lots with one additional Lot A for dedication purpose to the adjacent parcel The existing single family residence and accessory shed will remain on Lot 1 The size of both Lots 1 and 2 is 20,050 square feet, Lot 3 contains 100,188 square feet and Lot A is 4,941 square feet Lots 1, 2 and 3 meet the mimmum lot size requirement of 20,000 square feet This property (Lot 3) has the potential to again be subdivided and in the future be further developed with four addition single family units for a total ultimate yield from the property of six units REVIEWING AGENCY COMMENTS The following responses have been received from the City's Reviewing Agencies ENGINEERING/BUILDING & SAFETY The Engineering/Building and Safety Department's comments are included in theLr memorandums dated May 7, 1990 and July 6, 1990 (Attachment Xs Exhibit B) FORESTRY AND FIRE WARDEN DEPARTMENT The Forestry and Fire Warden Department's comments are included in their memorandum dated May 10, 1990 (Attachment Xs Exhibit C) RIVERSIDE HIGHLAND WATER COMPANY The Riverside Highland Water Company's comments are included in their letter dated May 23, 1990 (Attachment Xs Exhibit D) STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION Department of Transportation's comments are included in their letter dated April 30, 1990 (Attachment As Exhibit E) RECOMMENDATIONS Planning Commission On August 7, 1990 the Planning Commission recommended the City Council approve TPM- 87-03 subject to the following conditions of approval Each lot shall be subject to independent Site and Architectural Review per the Grand Terrace Municipal Code 2 The subject property shall be annexed to the City's existing Lighting and Landscaping District 3 All conditions as recommended by the Engineering/Building and Safety Department in their memorandums dated May 7, 1990 and July 6, 1990 (Attachment Xs Exhibit B) 4 All conditions as recommended by the Forestry and Fire Warden Department in their memorandum dated May 10, 1990 (Attachment A's Exhibit C) 5 All conditions as recommended by the Riverside Highland Water Company in their letter dated May 23, 1990 (Attachment A's Exhibit D) The applicant shall provide the City with a Will Serve Letter from the Riverside Highland Water Department, and 6 A Lot Line Adjustment be completed prior to Final Parcel Map recordation The Lot Line Adjustment shall result in Lot A being excluded from TPM-87- 03 (Tentative Parcel Map 10403) The Final Parcel Map shall reflect said exclusion The Planning Commission's resolution and draft minutes from their meeting regarding this item are attached as Attachment A and D Planning Department The Planning Department recommends the City Council adopt the attached resolution approving TPM-87-03 subject to the conditions of approval contained therein (See Attachment A) Respectfully Submitted, David R Sawyer, Community Development Director RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, APPROVING TPM-87-03, (TENTATIVE TRACT MAP 10403) WHEREAS, the Applicants, Willis H and Opal Cook, have applied for approval of a tentative parcel map, (Exhibit A) subdividing 3 5 acres into three individual lots located at 11917 Rosedale Avenue (APN# 275-083-004), and WHEREAS, it has been determined that this project is categorically exempt per Chapter 15315, Class 15, division of property in residentially zoned area into four or fewer parcels, per the California Environmental Quality Act WHEREAS, a properly noticed public hearing was held by the Planning Commission on July 24, 1990, regarding this application, and continued to the next Planning Commission Meeting, and WHEREAS, a properly noticed public hearing was held by the Planning Commission on August 7, 1990, regarding this application, and WHEREAS, the Planning Commussion recommended the City Council approve TPM- 87-03 subject to conditions, and WHEREAS, a properly noticed public hearing was held by the City Council on September 06, 1990, regarding this application, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, California, that the following findings hereby made 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 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 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 together with the provisions for its design and improvements are consistent with the General Plan 6 That the proposed subdivision, 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 TPM-87-03 (Exhibit A) is hereby approved subject to the following conditions 1 Each lot shall be subject to independent Site and Architectural Review per the Grand Terrace Municipal Code 2 The subject property shall be annexed to the City's existing Lighting and Landscaping District 3 All conditions as recommended by the Engineenng/Building and Safety Department in their memorandums dated May 7, 1990 and July 6, 1990 (Exhibit B) 4 All conditions as recommended by the Forestry and Fire Warden Department in their memorandum dated May 10, 1990 (Exhibit C) 5 All conditions as recommended by the Riverside Highland Water Company in their letter dated May 23, 1990 (Exhibit D) the applicant shall provide the City with a Will Serve Letter from the Riverside Highland Water Department, and 6 A Lot Line Adjustment be completed prior Final Map Recordation Lot Line Adjustment shall result in Lot A being excluded from TPM-87-03 (Tentative Parcel Map 10403) The parcel map shall reflect said exclusion PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held the 6th day of September, 1990 by the following vote AYES NOES ABSENT ABSTAIN Byron Matteson, Mayor ATTEST APPROVED AS TO FORM Juanita Brown, John Harper, City Clerk City Attorney 331 , { TENTATIVE PARCEL MAP NO f 0403 BEING A DI VIS 10 N OF A PORTION OF LOT 3, HYSERIS SUB I N THE JURUPA RANCHO, AS PER M/`P RECORDED I N BOOK 9, OF MAPS, PAGE 33, 1 N THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA CRAIG SMITH -CIVIL ENGINEER -GEOLOGIST MARCH 1990 { UTILITIES GRAND TERRACE 1 HATER RCvere lde Hl[hl nd Heter Co 23009 Veat, ln[ton St et Colton Ca 92324 ITI 625-412B ELECTRIC So 5o Cal Edleon Co 300 No Pe Poor Avenue P O Box 789 Rialto G R1a1Co Ca 92370 GAS So Cal Gan Co 1981 Luponle Ave - Red land . C. 92374 PH 584-9411 ! TrLEpIiDNfi Pael[l. Ball Co 3073 Ad... Street Row 120 Rivarelde C' 92504 PH 684-00-11 At" T rry R-- I' SIri1NR City of Grand Terraea 1 22795 Berton Hand Land Terrace- Ce 92324 PH 621-6621 1 � H X l(1;ir CBn• ,,I �i 0 3�'1F1S f EXIST t�l sl�r1 JT •,� YI CUR. B GUTTER Il �� M Gon•` L I / L J SFI -�L / :00 44 ACI", ? RECORD OWNER WILLIS H a OPAL COCK 11919 ROSEDALE AVENUE GRANO TERRACE CA 92324 PH 763-0318 ENGINEER CRAIG SMITH CIVIL ENGINEER -GEOLOGIST 306 8ELLEVUE AVENUE REDLANDS CA 92373 PH 792-13315 APN 275-083-04 LEGAL DESCRIPTION THAT CERTAIN REAL PROPERTY SITUATED IN JURUPA RANCHO IN THE COUNTY OF 3" BERNARDINO STATE OF CALIroRNIA AS PER MAP RECORDED IN BOX 9 Of NAPS PAGE 33 IN THE OFFICE OF THE COUNTY RECOROCR OF SAID COUNTY DESCRIBED AS FOLLOVS COFiEKING AT THE CENTER LINE OF COLTON AVENUE AT THE SOUTHEAST CORNER Of LOT 3 OF ROSEDALE TRACT PER MAP RECORDED IN BOOK 12 OF NAPS PAGE 41 RECORDS of WO COUNTY TTKNCE LEST ON tW BOUNDARY LINE Of SAID LOT 3 A OISTANCC Of 10 CHAINS 44 LINKS NORE OR LLSS TO THE CENTER LINE OF ROSEDALE AVENUE THEKC IN A SDUtWCSTERLY BTRECTION ALONG THE CENTER LINE OF SAID AVENUE 4 2O CHAINS PORE OR LESS TO THE o%TwEST CORNER Of LIVID CONVEYED 10 THERON E MOON IT OCED AMOCO MAACM 23 le99 !N BOOK 266 RAGE 84 Of DEEDS THCKE CAST AND PARALLEL VITN TNE SOUTH BOONOAAY LINE OF SAID LOT 3 10 IB CHAINS MORE OR LESS i0 IN( [ENTER LINE Of COLTON AVENUE TNENCE NORTHERLY ALONG THE CENTER LINE OF COLTON AVENUE 4 20 CHAINS TO TW POINT Of KGINNSMG ERCEPTING TNEKfROH TINT PORTION DEEDED TO THC STATE Of CALIfOMIA tY DCEO RECORDED MAY 23 19M IN BOOR IM MGC OU OF OFFICIAL KCOROS SAID PRA►ERTY NEKIN DESCRIBEO IS ALSO RNOVN AS LOT 3 NTSCR S SU8 MS10N UKECOWCO AS SHOWN ON LICENSED LAAO SURVEYOR S NAP RECORDED IN 900K I PAGC 37 OF IKODRO of SMYETS /i0SL`0ALL' 7PACT M6 12141 C3 L K 3 n �s o0 rs SEWER SCALE 1" • 50, 4Rr n.>. /I- LMIE CIFAE RQa*HYSERA5r /AN >Q Y • % K 1 AC / � L NE/F t/C.JC 3 HY'/ /iU6 // / -- ) /7/�„/,. / X/ , / I, i ,p- • i ��' 22795 Barton Road Grand Terrace alifornia 92324-5295 Civic Center (714) 824-6621 Byron R Matteson Mayor Hugh J Grant Mayor Pro Tempore irbara Pfenmghausen Jim Singley ne Carlstrom 'ouncil Members Thomas J Schwab City Manager W 0 12-2 1070 M E M O R A N D U M TO David Sawyer, Community Development Director FROM Joseph Kicak, City Engineer DATE May 7, 1990 SUBJECT Tentative Parcel Map 10403 (TPM 87-03) Following recommendations should be considered as conditions of approval for subject parcel map 1 Rosedale Street (a) Construct curb and gutter 18 feet from street centerline (b) Construct standard roadway between new curb and street centerline 2 LaCadena Drive (a) Construct curb and gutter 48 feet from street centerline (b) Construct median curb at 6 feet from street centerline Prior to design of improvements for LaCadena, coordination will be required between engineering, planning and City of Colton. 3 Install standard sidewalk 4 Install ornamental street lights 5 Install sanitary sewer 6 Provide adequate drainage facilities. 7 Provide easements as may be required for storm drain and sanitary sewer facilities 8 Submit parcel map in accordance with the requirements of Subdivision Map Act 9 Show proof of paying off or segregating sanitary sewer assessment for A.D 1 C S A 70 I Z.N. San Bernardino County 10 Submit hydrology study showing tributary flows, total runoff and method of disposal 11 All improvements to be designed by owners civil engineer to the specifications of the City EXHIBIT B 22795 Barton Road Grand Terrace ,liforma 92324-5295 Civic Center (714) 824-6621 Byron R Matteson Mayor Hugh J Grant Mayor Pro Tempore rbara Pfenrughausen Jun Singley ne Carlstrom _ouncil Members Thomas J Schwab City Manager W 0 12-2 1070 M E M O R A N D U M TO David Sawyer, Community Development Director FROM Joseph Kicak, City Engineer DATE July 6, 1990 SUBJECT T P M 10403 (TPM-87-03) Please be advised that conditions of approval in our memorandum dated May 7, 1990, for this project will apply JK/ct FORESTRY AND -FIRS. .ivARDEN DEPARTMENT COUNTY OF SAN BERNARDINO Fire Protection Planning Services • County Government Center OFFICE OF PUBLIC SAFETY 385 No Arrowhead Avenue First Floor San Bernardino CA 92415-0186 FLOYD TIDWELL Director (714) 387-4212 387-4213 EMERGENCY SERVICES Date To j fowin The g �Arcled conditions apply to your pro3ec_t. o -0 l � VVN £ire Department Reference Number. —TM io q O The above referenced pro3ect is protected by the San Bernardino County Forestry and Fire Warden Department. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current Fire Protection requirements. (E-2) All new construction shall comply with the existing Uniform Fire Code Requirements and all applicable statues, codes, ordinances, or standards of the Fire Department. 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 be low voltage internally electrically illuminated. Posted numbers shall contrast with their background and 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. F-4 Prior to final inspection or occupancy each chimney used in con3unction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester as identified in the Uniform Fire Code. F-5 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. y Prior to final inspection or occupancy the development and each phase thereof shall have two (2) points of EXHIBIT C vehicular access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations as required in the development code F-7 Prior to final inspection or occupancy, private roadways which exceed one -hundred and fifty (150) feet in length shall be approved by the Fire Department having jurisdiction, and shall be extended to within 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 shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and the building is in excess of thirty percent (30). Where the access roadway cannot be provided, 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 length and shall be approved by the Fire Department. Cul-de-sac length shall not exceed six -hundred (600) feet except as identified 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. -10 Water systems designed to meet the required fire flow of this development shall be approved by the Fire Department having 3urisdiction. The developer shall furnish the Fire Department with two copies of the water system Improvement plan for approval and a letter from the Water Purveyor stating the 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 calculations, using the San Bernardino County "Guide for the Determination of Required Fire Flow." In areas without water -serving utilities, the fire protection water system shall be based on NFPA pamphlet number 1231 and Uniform fire Code requirements. F-10 MS-IL3 THROUGH IL5 Water systems designed to meet the required fire flow shall be operational and approved by the Fire Department prior to any construction occurring. The required fire flow shall be determined by appropriate calculations, using the San Bernardino County "Guide For The Determination of Required Fire Flow" In areas without water -serving 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. F-11 Prior to Building permits being issued approved fire hydrants and fire hydrant pavement markers shall be installed. Fire hydrants shall be 6" diameter with a minimum one 4" and one 2 1/2" connection. The hydrant and fire hydrant markers shall be approved by Fire Department. All fire hydrant spacing shall be 300 feet with the exception of single family residential which may be increased to 600 feet maximum. F-12 Prior to final inspection or occupancy this development shall comply with Fire Safety overlay conditions as adopted in County Ordinance Number 3341. The development is located in Fire Review Area. F-13 Prior to issuance of a building permit a fuel modification zone in compliance with county standards 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 the box. Questions and/or comments may be directed to the Fire Protection Planning Section, County Government Center, 385 North Arrowhead, 1st Floor, San Bernardino, California, 92415-0186; or call (714) 387-4225. Thank you for your cooperation. Sincerely, DAVID J. DRISCOLL, Chief County Fire Warden B4 re41��,tectZPlanning Officer C: ti 1450 Washington Street • Colton, California 92324 • (714) 825-4128 c a1/ a � rF �hSEFv10 o�,e May 23, 1990 City of Grand Terrace Planning Dept 22750 Barton Road Grand Terrace, CA 92324 ATTN DAVID SAWYER RE Tenative Tract Map 10403 Dear David, Tract 10403 has fire flow problems. The fire flow for that area is 250±GPM I would suggest this owner check with the San Bernardino County Fire Warden. The letter I received from the Fire Warden does not state the fire flow requirements. Thank you RH/kb Sincerely, 6&1%JA-t Rich Haubert Distribution Superintendent EXHIBIT D riita ^f Torr-ad+o application FILE �O V•\� V■ �A ■ M� a a4 a v a a M� � LO�-UiON OF PROJECT (A,`DRESSi 11917 Rosedale Avenue, City of Grand Terrace NAME OF PROPOSED PROJECT PELATED FILES Parcel Map 10,603 APPLICANT S NAM W H and Opal Cook f L 71N 71�-783-0318 ADQR 17 Rosedale Avenue, l City of Grand Terrace - GENERAL INFORMATION REQUIRED 0.4vNER S NAME W H and Opal Cook TEL PHOv 714-783-0-�18 ADCRESS 11917 Rosedale Avenue, City of Grand Terrace GENEckAL PLAN —TTWTT-11G LAND uSE Si EAGt n-1 R-1 lResidential 3 22 acres (net) Et S'-�G S-4UCTjRE SQUAaE=CO'AGE PROPOSED STRLC'-RE SJ� AaE �pOTAGE One (1) dwelling - 1500 SF Lot development only ❑ SITE APROVAL ❑ PLANNED UNIT DEVELOPMENT ElGENERAL PLAN AMENDMENT ❑ MINOR DEVIATION ❑ CONDITIONAL USE PERMIT `I VARIANCE KLVILW Kt6ZUtJItu ❑ ZONE CHANGE El TRACT MAP U PARCEL MAP ❑ LOT LINE ADJUSTMENT ❑ CERT OF COMPLIANCE Cl PROJECT DESCRIPTION PJLL :)ESCRtPTION OF PROPOSED .'RO.ECT (ATTACH NECESSARY SHEETS! The owner intends to divide his residential lot (R-1) comprised of 3 22 acres net to create three additional parcels of approximately 0 58 acres (average net) each with a remainder of 1 50 acres net on which is occupied by his existing residence The parcels created are intended for lot sales only, without structures. Future grading and construction are to be in conformance with prevalent standards at the time plans ari submitted No unusual grading or construction methods or unusual disruption to the site OWNER CERTIFICATION is anticipated I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER FOR THE ABOVE DESCRIBED PROPERTY FURTHER I ACKNOWLEDGE THE FILING OF THIS APPL CAT ON AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE + DATE r Z2 ~ 8� }� SIGNATURE ATTACHMENT B DATE APPL CATKON RECE',EO DECEIVED BY ,EES RECE.VED I.ECEWT W DATE APPUCAT,ON ACCEPTED I STAFF AS GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING JULY 24, 1990 The regular meeting of the Grand Terrace Planing Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on July 24, 1990, at 7 00 p m by Chairman Jerry Hawkinson PRESENT Jerry Hawkinson, Chairman Dan Buchanan, Vice -Chairman Stanley Hargrave, Commissioner Herman Hilkey, Commissioner Ray Munson, Commissioner Jim Sims, Commissioner Fran Van Gelder, Commissioner Joe Kicak, City Engineer David R Sawyer, Community Development Director Maria C Muett, Assistant Planner Maggie Barder, Planning Secretary ABSENT None PLEDGE Fran Van Gelder, Commissioner PLANNING COMMISSION WORKSHOP CONVENED AT 6 00 P M Planning Commission, staff and applicant convened at the site of 22872 Main Street (SP-90-02, TTM-90-02, E-90-03) to observe and discuss the terrain of the project Information from staff to Planning Commissioners Information from Planing Commissioners to staff PLANNING COMMISSION WORKSHOP ADJOURNED AT 7 00 P M PUBLIC PARTICIPATION None ATTACHMENT D MOTION VOTE PCM-90-110 Motion carries 4-2-0-1 Commissioners Hargrave and Munson voted no Comnussioner Hilkey abstained 8.50 P M TO 9 00 P M- RECESS ITEM #3 TPM-87-03 WILLIS AND OPAL COOK 11917 ROSEDALE AVENUE GT AN APPLICATION TO SUBDIVIDE A 3 5 ACRE, R1-20 PARCEL INTO TWO PARCELS AND ONE LOT FOR DEDICATION PURPOSES The Community Development Director presented the staff report Commissioner Hargrave asked for the subject property to be pointed out on the aerial map The Community Development Director pointed it out, stating that the property owner is not subdividing the entire property, but rather one larger portion of it He stated that Parcels 1 and 2 will be 1/2 acre lots and can not be split again, but Parcel 3 has the potential to be subdivided again in the future into 3 or 4 lots Commissioner Buchanan stated that he did not understand the dedication of Lot A The Community Development Director stated that the property owner to the south has indicated for some time that he would like to have some of that property to have access to the rear of his property The City Engineer stated the closest they can come to describing this transaction is Lots 1, 2, 3 and A, and Lot A would be recorded as one of the lots within that subdivision or parcel map and a grant deed would be written to the property owner next door saying from one owner granting Lot A to the other owner He stated that they didn't use a numbered lot because it doesn't meet any of the requirements of the zoning Commissioner Buchanan asked if they should require as a condition of f MOTION PCM-90-111 TPM-87-03 MOTION VOTE PCM-90-111 approval that they actually follow through with the transfer of that lot The Community Development Director stated that they can condition the project so that this is part of the conditions Commissioner Buchanan stated that he doesn't know about the timing, as they can't really require them to convey it prior to recordation of the final map because there isn't anything to record prior to recordation The City Engineer stated that after they approve the final map, they are again at his mercy The Commumty Development Director stated that they would probably have to run it by the City Attorney, but if there was some type of condition that required an escrow deposit to the City which would be substantial enough and also placed into an escrow account for a certain amount of time for this transaction to occur, and if it does not occur, then the amount or ownership of Lot A would be dedicated to the City Commissioner Sims stated that lettered lots are usually considered public use rather than private use The City Attorney agreed, but stated that they probably should talk to the City Attorney before they final the map He stated that if the City Attorney doesn't agree, then perhaps they should go ahead with a lot line adjustment and then do the subdivision Commissioner Buchanan made a motion to continue TPM-87-03 to the next Planning Commission Meeting so that staff can get input from the City Attorney regarding Lot A Commissioner Hargrave second Commissioner Hilkey asked if a lot line adjustment would make Lot A a part of the lot just south of it Motion carries 7-0-0-0 17 GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING AUGUST 7, 1990 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 August 7, 1990, at 7 00 p in by Vice -Chairman Dan Buchanan PRESENT Dan Buchanan, Vice -Chairman Stanley Hargrave, Commissioner Jim Sims, Commissioner Fran Van Gelder, Commissioner John Harper, City Attorney David R Sawyer, Community Development Director Mama C Muett, Assistant Planner Maggie Barder, Planning Secretary ABSENT Jerry Hawkinson, Chairman Herman Hilkey, Commissioner Ray Munson, Commissioner PLEDGE Jun Sims, Commissioner PLANNING COMMISSION MEETING CONVENED AT 7 10 P M PUBLIC PARTICIPATION• None ITEM #1 PLANNING COMMISSION MEETING MINUTES - JULY 10, 1990 MOTION PCM-90-119 PLANNING COMMISSION MEETING MINUTES - JULY 10, 1990 Commissioner Van Gelder made a motion to approve the July 10, 1990 minutes Commissioner Hargrave second MOTION VOTE PCM-90-119 Motion carries 4-0-3-0 Chairman Hawkinson and Commissioners Hilkey and Munson absent ITEM #2 DECLARATION OF NUISANCE GINA HOLLEY 22245 FULMAR PLACE GT Vice -Chairman Buchanan stated that this item was removed from the agenda ITEM #3 TPM-87-03 WILLIS AND OPAL COOK 11917 ROSEDALE AVENUE G.T AN APPLICATION TO SUBDIVIDE A 3 5 ACRE, R1-20 PARCEL INTO TWO PARCELS The Community Development Director presented the staff report Commissioner Sims asked if Lot A was okay with a lot line adjustment concurrent with the map The Commumty Development Director stated concurrent with the tentative map, as Lot A will be eliminated when the final map is recorded Commissioner Hargrave asked if the City Attorney was happy with this additional amendment The City Attorney stated that he has no objections Vice -Chairman Buchanan asked if it would be necessary to adopt Condition 6 independently of a motion to recommend approval of staffs recommendations The Community Development Director stated that they can do it either way PUBLIC HEARING OPENED AT 7.15 P.M. PUBLIC HEARING CLOSED AT 7 15 P M MOTION PCM-90-120 TPM-87-03 MOTION VOTE PCM-90-120 MOTION PCM-90-121 TPM-87-03 MOTION VOTE PCM-90-121 Vice -Chairman Buchanan brought it back to the Commission Commissioner Hargrave made a motion to add Condition 6 as outlined by staff to conditions of approval for TPM-87-03 Comnussioner Sims second Motion carries 4-0-3-0 Chairman Hawkinson and Commissioners Hilkey and Munson absent Commissioner Hargrave made a motion to approve TPM-87-03 Commissioner Van Gelder second Motion carries 4-0-3-0 Chairman Hawkinson and Comnussioners Hilkey and Munson absent ITEM #4 TPM-90-02 CHAUNCEY ELLER 23100 VISTA GRANDE WAY G.T AN APPLICATION TO SUBDIVIDE A 217 ACRE, R1-20 PARCEL INTO TWO LOTS MOTION TPM-90-02 PCM-90-122 Commissioner Hargrave made a motion to continue TPM-90-02 to the August 21, 1990 Planning Commission Meeting Commissioner Sims second TO Planning Department City Council FROM David R Sawyer, Community Development Director DATE September 6, 1990 SUBJECT- Staff Report File No TPM-90-02 Request Tentative Parcel Map 13404, an application for a Tentative Parcel Map subdividing 2 17 acres, R1- 10 parcel into two lots Lot 1 measures 155 acre and Lot 2 measures 23 acre APPLICANT Chauncey Eller LOCATION. 23100 Vista Grande (APN# 276-401-08/09) (See Exhibit A) ENVIRONMENTAL REVIEW. This project is categorically exempt per Chapter 15315, Class 15, division of property in residentially zoned area into four or fewer parcels, per California Environmental Quality Act ZONING AND LAND USE• Property GP Zonin Land Use Subject Property LDR R1-10(A) Single Family Residence To the West LDR R1-20(A) Single Family 22795 Barton Road • Grand Terrace, California 92324-5295 • (714) 824-6621 COUNCIL AGENDA ITEM # �C Properly GP Zoning Land Use Residence To the East LDR R1-20 Single Family Residence To the North LDR RI-10(A) Single Family Residence To the South LDR R1-10(A) Single Family Residence BACKGROUND On June 22, 1990, the applicant submitted an application to subdivide a single 217 net acre R1-10 with agricultural overlay into two individual parcels located at 23100 Vista Grande Way DISCUSSION The subject property contains approximately 94,525 square feet The tentative parcel map proposes to subdivide the property into two lots designated as Lot 1 and Lot 2 Lot 1 is 155 acres (67,518 square feet) and Lot 2 is 23 acres (10,019 square feet) Incorporated in this area is 39 acres, approximately 16,988 square feet for street dedication (Attachment A's Exhibit A) REVIEWING AGENCY COMMENTS - The following responses have been received from the City's Reviewing Agencies ENGINEERING/BUILDING AND SAFETY The Engineenng/Building and Safety Department's comments are included in their memorandum dated May 7, 1990 (Attachment A's Exhibit B) FORESTRY AND FIRE WARDEN DEPARTMENT The County of San Bernardino/Forestry and Fire Warden Department's comments are included in their memorandum dated May 9, 1990 (Attachment A's Exhibit C) RIVERSIDE HIGHLAND WATER COMPANY The Riverside Highland Water Company's comments are included in their memorandum dated May 15, 1990 (Attachment A's Exhibit D) RECOMMENDATIONS Planning Commission On August 7, 1990 the Planning Conirmssion recommended the City Council approve TPM- 90-02 subject to the following conditions of approval 1 Each lot shall be subject to independent Site and Architectural Review per the Grand Terrace Municipal Code 2 The subject property shall be annexed to the City's existing Lighting and Landscaping District 3 All conditions as recommended by the Engineering/Building and Safety Department in their memorandum dated May 7, 1990 (Attachment Xs Exhibit B) 4 All conditions as recommended by the Forestry and Fire Warden Department in their memorandum dated May 9, 1990 (Attachment Xs Exhibit C) -� 5 All conditions as recommended by the Riverside Highland Water Company in their letter dated May 15, 1990 (Attachment Xs Exhibit D) The applicant shall provide the City with a Will Serve Letter from the Riverside Highland Water Department The Planning Commission's resolution and draft minutes from their meeting regarding this item are attached as Attachment A and B Planning Department The Planning Department recommends the City Council adopt the attached resolution approving TPM-90-02 subject to the conditions of approval contained therein (See Attachment A) Respectfully Submitted, David R Sawyer, Community Development Director RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, APPROVING TPM-90-02 (TENTATIVE PARCEL MAP 13404) WHEREAS, the Applicant, Chauncey Eller, has applied for approval of a tentative parcel map, (Exhibit A) subdividing 217 acres into two individual lots located at 23100 Vista Grande Way (APN# 276-401-08/09), and WHEREAS, it has been determined that this project is categorically exempt per Chapter 15315, Class 15, division of property in residentially zoned area into four or fewer parcels, per the California Environmental Quality Act WHEREAS, a properly noticed public hearing was held by the Planning Commission on August 7, 1990, regarding this application, and WHEREAS, the Planning Commission recommended approval of TPM-90-02 subject to certain conditions, and WHEREAS, the City Council held a properly noticed public hearing regarding this application on September 6, 1990 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, California, that the following findings have been made 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 and the proposed improvements are not likely to cause substantial environmental damage or substantially and ATTACHMENT A avoidably injure fish or wildlife or their habitat, 4 That the design of the subdivision 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 together with the provisions for its design and improvements are consistent with the General Plan, 6 That the proposed improvements, its design 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 TPM-90-02 (Exhibit A) is hereby approved subject to the following conditions 1 Each lot shall be subject to independent Site and Architectural Review per the Grand Terrace Municipal Code 2 The subject property shall be annexed to the City's existing Lighting and Landscaping District 3 All conditions as recommended by the Engineering/Building and Safety Department in their memorandum dated May 7, 1990 (Exhibit B) 4 All conditions as recommended by the Forestry and Fire Warden Department in their memorandum dated May 9, 1990 (Exhibit C) 5 All conditions as recommended by the Riverside Highland Water Company in their letter dated May 15, 1990 (Exhibit D) The applicant shall provide the City with a Will Serve Letter from the Riverside Highland Water Department PASSED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held the 6th day of September, 1990 by the following vote AYES NOES ABSENT ABSTAIN Byron Matteson, Mayor ATTEST Juanita Brown, City Clerk APPROVED AS TO FORM John Harper, City Attorney �� I MOD Or 1 -`1 1myn sro--p t1r \ '' '� ' mA A'0 , o l rrl j PJr(// / rrr ,e.. 1 ,'Jrf r/ t oil .r J/rrr/ Cr,fA 117 It QB.tll/Af.F /a/1441 ' TAra /,nI fa trlr, h/ floe a (t trrf/r n• nrrnl Orrw 0-rr rrL nr/ wr ,//Mat' (r //,.+1 /nrn• J CITY OF GRANO TERRACE /JOT6 -A� Pnrr.r h� r/rcJ/r w/� TENTATIVE �i/.tr �r/ t, irr� >tit/�� hN t/✓,y /nn• I s PARCEL MAP No, 13404 ?.t BEING A DIVISION OF PORTIONS 0f LOTS 8 BII, VISTA GRANDE TRACT, M B.17110, RECORDS QF j SAN BERNARDINO COUNTY, CALIFORNIA `r ,t IIr „r,, APRIL. 1990 J. �em sITC SDP 0 fi f Ld/00 V ,r. C—dl Wsy A5 E55QR5 PARCcl 276 401 06109 LAND /1/f, um drnl /y rrr drn//r/ ZOn f OLalCN,4T!�.._ QI l0 (!ll Surrour+o'r>� r1r+�l �1 r r4 ',Itt rf• � �,� ` � t r r. J , 1 I • r ,9�. , Its / r III .�KfI 1 It , J J, OWNER- ffu6Q/V/DER Gh/w(ry /LrIY hf,r eNlr� ZJ100 V/t/J C-v /r S</J 44 'm 1t5-10L jL7-1c1r1f4 - Lhrrlr r.' rnrJ r s. <r/ /rcr rrn c en lIl r Jo✓! arJ/J..Ar, (lilt atrJ S r.rrrl rr// r/ S'm rrrrrll rll CCf/ W Mr. arrm�rrdr //rfrlpn/Wrhr Lr J/l Jr/r .Mlr Or Jt Il a/rrryJ/r lllrr M C'Al' (r... rr'f-1rrrrw stt tl irrr.. F u r. h /o+ G f - p rl C '11 V ILI"' 1 i tt1Mr IIALC I 200 -- NoaToO tb IIos k1 Lr, Cr v 11 11" F trrk a UaxUJer( {? Of uot�I� — HOATON CNCINCCAINO I31/I IAUI ATiII III II�1<ll(II�L4lt! Itlll wl A M1orlen rl 22795 Barton Road Grand Terrace California 92324-5295 Civic Center (714) 824-6621 Byron R Matteson Mayor Hugh J Grant Mayor Pro Tempore 3arbara Pfenmghausen Jim Singley Gene Carlstrom Council Members Thomas J Schwab I City Manager W 0 12-2 1071 M E M O R A N D U M TO David Sawyer, Community Development Director FROM Joseph Kicak, City Engineer DATE May 7, 1990 SUBJECT Tentative Parcel Map 13404 (TPM 90-02) Following recommendations should be considered as conditions of approval for subject parcel map 1 Dedicate to provide for 30 feet of dedication along the easterly half of Vista Grande Way 2 Install curb and gutter 18 feet from street centerline 3 Construct standard roadway between new curb and street centerline 4 Construct standard sidewalk 5 Install ornamental street lights 6 Submit hydrology study showing the amount of run-off and method of disposal of said run-off 7 Provide adequate drainage facilities 8 Submit parcel map in accordance with the requirements of Subdivision Map Act 9 Show proof of paying off or segregating sanitary sewer assessment for A D 1 C S A 70 I Z H San Bernardino County 10 All improvements to be designed by owners civil engineer to the specifications of the City EXHIBIT 13 l -QJ To_ The-fo,1lowing circled conditions apply to your project fire Department Reference Number I em 'ic)-oz- F-1 The above referenced project is protected by the San Bernardino County Forestry and Fire Warden Department. Prior to any construction occurring on any parcel, applicant shall contact the Fire Department for verification of current Fire Protection requirements. F-2 All new 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 be low voltage internally electrically illuminated. Posted numbers shall contrast with their background and 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. -4 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 identified in the Uniform Fire Code. F-5 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. ED Prior to final inspection or occupancy the development and each phase thereof shall have two (2) points EXHIBIT C vehicular access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations as required in the development code F-7 Prior to final inspection or occupancy, private roadways which exceed one -hundred and fifty (150) feet in length shall be approved by the Fire Department having jurisdiction, and shall be extended to within 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 shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and the building is in excess of thirty percent (30). Where the access roadway cannot be provided, an approved fire protection system or systems shall be provided, as required and approved by the Fire Department. E8) 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 length and shall be approved by the Fire Department. Cul-de-sac length shall not exceed six -hundred (600) feet except as identified in the development code and approved by the chief. Private road maintenance, including but not limited to Cgrading 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 systems designed to meet 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 from the Water Purveyor stating the 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 calculations, using the San Bernardino County "Guide for the Determination of Required Fire Flow." In areas without water -serving utilities, the fire protection water system shall be based on NFPA pamphlet number 1231 and Uniform fire Code requirements. F-10 MS-IL3 THROUGH IL5 Water systems designed to meet the required fire flow shall be operational and approved by the Fire Department prior to any construction occurring The required fire flow shall be determined by appropriate calculations, using the San Bernardino County "Guide For The Determination of Required Fire Flow" In areas without water -serving 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. F-11 Prior to Building permits being issued approved fire hydrants and fire hydrant pavement markers shall be installed Fire hydrants shall be 6" diameter with a mini -mum one 4" and one 2 1/2" connection. The hydrant and fire hydrant markers shall be approved by Fire Department All fire hydrant spacing shall be 300 feet with the exception of single family residential which may be increased to 600 feet maximum. F-12 Prior to final inspection or occupancy this development shall comply with Fire Safety overlay conditions as adopted in County Ordinance Number 3341 The development is located in Fire Review Area. F-13 Prior to issuance of a building permit a fuel modification zone in compliance with county standards 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 the box. Questions and/or comments may be directed to the Fire Protection Planning Section, County Government Center, 385 North Arrowhead, 1st Floor, San Bernardino, California, 92415-0186; or call (714) 387-4225. Thank you for your cooperation. Sincerely, D J DRISCOLL, Chief ty Fire Warden i ire P�ptection �11`fnning Officer MAY 17 199(J 1450 Washington Street • Colton, California 92324 • (714) 825-4128 q 00 May 15, 1990 DAVID SAWYER City of Grand Terrace Planning Department 22795 Barton Road Grand Terrace, CA 92324 RE P M 13404 Chauncey Eller Dear David, Riverside Highland Water Company can see no reason why this project should not move forward Although, the fire flow for this area is only about 300 GPM To get higher fire flow for this area, 2500'± of off site water main would need to be installed Sincerely, 01- - Rich Haubert Distribution Superintendent RH/kb cc, Horton Engineering 22858 Palm Ave. Grand Terrace, Ca 92324 __ _ EXHIBIT D GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING AUGUST 7, 1990 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 August 7, 1990, at 7 00 p in by Vice -Chairman Dan Buchanan PRESENT Dan Buchanan, Vice -Chairman Stanley Hargrave, Commissioner Jim Sims, Commissioner Fran Van Gelder, Comrrussioner John Harper, City Attorney David R Sawyer, Community Development Director Maria C Muett, Assistant Planner Maggie Barder, Planning Secretary ABSENT Jerry Hawkinson, Chairman Herman Hilkey, Commissioner Ray Munson, Commissioner PLEDGE Jim Sims, Commissioner PLANNING COMMISSION MEETING CONVENED AT 7 10 P M PUBLIC PARTICIPATION. None ITEM # 1 PLANNING COMMISSION MEETING MINUTES - JULY 10, 1990 MOTION PCM-90-119 PLANNING COMMISSION MEETING MINUTES - JULY 10, 1990 Commissioner Van Gelder made a motion to approve the July 10, 1990 minutes Commissioner Hargrave second ATTACHMENT B MOTION PCM-90-120 TPM-87-03 MOTION VOTE PCM-90-120 MOTION PCM-90-121 TPM-87-03 MOTION VOTE PCM-90-121 Vice -Chairman Buchanan brought it back to the Comnussion Commissioner Hargrave made a motion to add Condition 6 as outlined by staff to conditions of approval for TPM-87-03 Commussioner Sims second Motion carries 4-0-3-0 Chairman Hawkinson and Commissioners Hilkey and Munson absent Con=ssioner Hargrave made a motion to approve TPM-87-03 Commissioner Van Gelder second Motion carries 4-0-3-0 Chairman Hawkinson and Commissioners Hilkey and Munson absent ITEM #4 TPM-90-02 CHAUNCEY ELLER 23100 VISTA GRANDE WAY G.T. AN APPLICATION TO SUBDIVIDE A 2.17 ACRE, R1-20 PARCEL INTO TWO LOTS MOTION TPM-90-02 PCM-90-122 Commissioner Hargrave made a motion to continue TPM-90-02 to the August 211 1990 Planning Commission Meeting Commissioner Sims second MOTION VOTE PCM-90-122 Motion carries 4-0-3-0 Chairman Hawkinson and Commissioners Hilkey and Munson absent ITEM #5 CUP-90-06, E-90-04 K & M RC ACCESSORIES 22474A BARTON ROAD GT AN APPLICATION FOR A CONDITIONAL USE PERMIT AND ENVIRONMENTAL REVIEW OF A RACE TRACK AND LIGHTING FOR REMOTE CONTROL CARS IN THE BRSP DISTRICT The Community Development Director presented the staff report Commissioner Hargrave asked if the applicant submitted a revised site plan yet, to which the Community Development Director responded in the negative PUBLIC HEARING OPENED AT 7 30 P M MIKE BLAKE OWNER, K & M RC ACCESSORIES 22474A BARTON ROAD G T. Mr Blake stated that regarding the 30 feet of right-of-way on Britton Way, this is not his property and he can't do anything about it He stated that a brick wall and coated, chain link fence is way too expensive and not really necessary for this type of business, and he requested 4-6' of regular, chain link fence He said that the existing parking lot seems to be up to par for the City of Grand Terrace He said that he would have the north end of the race track landscaped with sod and flowers and trees that the City requests, but curb and guttering is not necessary until Barton Road development comes into this area, as this is a temporary business He stated that he could put up bleachers for 25% of the people that would show up at the track He said he would put in low volume speakers in the tower where the drivers are so they could hear the announcer and in the pit area at low volume, so it would not affect any of the neighbors, and if any complaints were made, they would no longer use the speakers He stated that 7 00 to 10 00 would be appropriate hours, but if there was a power surge or computer breakdown, they may need a one hour grace period He stated that the hghts need to be on after the GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING AUGUST 21, 1990 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 July 24, 1990, at 7 00 p m by Chairman Jerry Hawkinson PRESENT Dan Buchanan, Vice -Chairman Stanley Hargrave, Commussioner Herman Hilkey, Commissioner Ray Munson, Commissioner Fran Van Gelder, Commissioner David R Sawyer, Commumty Development Director Maria C Muett, Assistant Planner Maggie Barder, Planning Secretary ABSENT Jerry Hawkinson, Chairman Jim Sims, Commissioner PLEDGE PLANNING COMMISSION WORKSHOP CONVENED AT 6.58 P M Information from staff to Planning Commissioners Information from Planning Commissioners to staff PLANNING COMMISSION WORKSHOP ADJOURNED AT 7 00 P M PUBLIC PARTICIPATION None ITEM #1 PLANNING COMMISSION MEETING MINUTES - JULY 24, 1990 MOTION PCM-90-129 PLANNING COMMISSION MEETING MINUTES - JULY 24, 1990 MOTION VOTE PCM-90-129 Commissioner Van Gelder made a motion to approve the July 24, 1990 minutes Commissioner Hargrave second Motion carries 4-0-3-0 Chairman Hawkinson and Commissioners Hilkey and Sims absent ITEM #2 TPM-90-02 CHAUNCEY ELLER 23100 VISTA GRANDE WAY GT AN APPLICATION TO SUBDIVIDE A 217 ACRE, R1-10 PARCEL INTO TWO LOTS The Community Development Director presented the staff report Vice -Chairman Buchanan stated that the agenda indicates that this is an R1- 20 parcel and the staff report indicates that it is and R1-10 parcel The Community Development Director stated that it is R1-10 Vice -Chairman Buchanan called up the applicant CHAUNCEY ELLER 23100 VISTA GRANDE WAY G T. Commissioner Van Gelder asked if he had any plans to remove any of the trees Mr Eller stated no, and that the property owner to the south plans on keeping the fruit trees as they are for 4 or 5 years, and after that time, he plans on building a dwelling on it PUBLIC HEARING OPENED AT 7 10 P M PUBLIC HEARING CLOSED AT 7 10 P M MOTION PCM-90-130 TPM-90-02 MOTION VOTE PCM-90-130 Vice -Chairman Buchanan brought it back to Commission Commissioner Hargrave made a motion to approve TPM-90-02 as conditioned by staff Commissioner Munson second Motion carries 5-0-2-0 Chairman Hawkinson and Commissioner Sims absent CITY CLERK'S DEPARTMENT STAFF REPORT DATE August 28, 1990 CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE 09/06/90 SUBJECT Designation of Voting Delegate for League Annual Conference FUNDING REQUIRED NO This year's League Annual Conference is scheduled for October 21-24 in Anaheim One very important aspect of the Annual Conference is the General Business Session at which time the membership takes action on conference resolutions The League is encouraging that all cities be represented at the Business Session on Tuesday afternoon, October 23, at 130 p in at the Anaheim Convention Center The League is asking that each City Council designate a voting representative and an alternate who will be present at the Business Session Each City is entitled to one vote in matters affecting municipal or League policy STAFF RECOMMENDS COUNCIL APPOINT A VOTING DELEGATE AND ALTERNATE WHO WILL REPRESENT THE CITY OF GRAND TERRACE AT THIS YEAR'S LEAGUE ANNUAL CONFERENCE BUSINESS SESSION. C: ATTACHMENT COUNCIL AGENDA ITEM # o� CITY LEAGUE OF CALIFORNIA CITIES 1990 ANNUAL CONFERENCE VOTING DELEGATE FORM 1 VOTING DELEGATE (NAME) (TITLE) 2 VOTING ALTERNATE (NAME) (TITLE) ATTEST (NAME) (TITLE Please Return To League of California Cities 1400 K Street Sacramento, CA 95814 Not Later Than Friday, September 28, 1990 10 DATE Aug. 30, 1990 S T A F F R E P O R T CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE Sept. 6, 1990 SUBJECT EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF �:�Zo GRAND TERRACE AND LOMA LINDA DISPOSAL COMPANY FUNDING REQUIRED NO FUNDING REQUIRED X The City Council will be considering a Refuse Ordinance which allows the City, at its option, to grant a franchise for the collection and disposal of refuse. Currently, the City does not regulate refuse collection and disposal. The franchise agreement will allow the City to have some control over the refuse operations within the City. We are proposing that an exclusive residential franchise be considered for Loma Linda Disposal Company and that the commercial disposal remain on an open - competition basis In the future, staff may be considering a nonexclusive commercial franchise. The State of California, with the passage of AB 939, has made it the responsibility of the municipal 3urisdiction to reduce and recycle the waste stream The first step in this process is for the City to take control of the collection and disposal of refuse generated within the City. The mandate requires that we implement a Waste Characterization Study which will determine the makeup and the tonnage generated by our City, and that amount must be cut in volume to the landfill by 25/ in 1995, and 50% in 2000 Loma Linda Disposal is the traditional residential hauler for the City of Grand Terrace, and currently collect almost 100% of the residential collections within the City Any current residential customers being picked up by any other company other than Loma Linda Disposal will be allowed, as set by state statute, to continue to collect those stops for a period of five years State statute provides a five year get -out period in which existing refuse haulers have the right to remain in an area for a period of five years after notification is made that they no longer have the right to operate in a particular area. This is the primary reason that this franchise was negotiated with Loma COUNCIL AGENDA ITEM # S ?� STAFF REPORT -- LOMA LINDA DISPOSAL COMPANY FRANCHISE August 30, 1990 Page Two Linda Disposal, and that we did not competitively bid the service. Loma Linda Disposal has the right to operate residential collection for a period of five years before any new hauler could be franchised The franchise agreement sets forth the duration of the agreement, obligations of the contractor, and obligations of the City. It sets forth a method in which rates are regulated. It also establishes a franchise fee of 10% on the refuse collection and disposal portion of the refuse charge The franchise allows pass through of landfill disposal costs and a CPI escalation with an annual cap of 7%. Any amount that would exceed that, in any one year, would require the approval of the City Council. The franchise agreement does provide for a 90-day cancellation provision in the event of a breach of contract. Loma Linda Disposal has provided excellent refuse disposal service to the residences of the City of Grand Terrace and has been extremely responsive to any complaints generated from our citizens STAFF RECOMMENDS THAT COUNCIL CONSIDER GRANTING AN EXCLUSIVE REFUSE COLLECTION AND DISPOSAL AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND LOMA LINDA DISPOSAL COMPANY, AND THAT COUNCIL ENTER INTO AN AGREEMENT FOR SUCH A FRANCHISE TS bt EXCLUSIVE RESIDENTIAL REFUSE COLLECTION AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this day of , by and between the CITY OF GRAND TERRACE CALIFORNIA ("City"), and LOMA LINDA DISPOSAL COMPANY, INC ("Contractor") R E C I T A L S WHEREAS, the City desires to enter into an agreement with Contractor for the collection of residential garbage, refuse and waste material generated within the City boundaries at single family units to include 4 attached units or less WHEREAS, the Contractor wishes to enter into an agreement with the City for said collection, NOW, THEREFORE, it is hereby mutually agreed as follows 1 Incorporation by Reference Refuse Ordinance Chapter of the i e ot the municipal Code is expressly macTe a part of this greement, and is incorporated herein by a reference as if set forth in full Contractor and City agree to be bound by all provisions of such Municipal Code, or any amendments thereto, or other ordinances that might affect the collection or disposal of Refuse in the City It is understood that said ordinances are intended to be minimum standards and that higher standards and regulations may be required under this Agreement 2 Term This Agreement shall continue for a period of five wears from the date hereof At the end of each year of this Agreement commencing on and annually thereafter, the term of this Agreement shall be extended for an additional one (1) year, unless within thirty (30) days prior thereto either the City or the Contractor gives written notice of non -renewal to the other party. In the event such a notice of non -renewal is given at any such anniversary date, there shall be five (5) years remaining on the term of this Agreement and such five (5) year period may not be reduced for any reason except termination for default 3 Residential Defined This Agreement shall be for the collection and disposal of residential refuse only as defined in Ordinance No 127, and in no way shall other permittees, licensees or agents of the City be prevented from collecting and/or disposing of commercial refuse within the City as defined in Ordinance No 127 4 Obligations of Contractor A Contractor undertakes and agrees, for the consideration hereinafter mentioned, to furnish all labor, equipment, and vehicles (including adequate equipment and vehicles in a stand-by capacity to provide the service herein required in the event of breakdown or equipment out of service) necessary for the efficient and timely picking up, collecting, removing and disposing of, and to collect, pick up, remove and dispose of Refuse, except as herein otherwise provided and subject to and in accordance with the terms and provisions hereof B. The collection and removal of Refuse by Contractor shall be, at all times during the term of this Agreement, performed in accordance with this Agreement City 's City Manager or his designated representative ("City Manager") shall have the right to issue all reasonable orders, directions and instructions to Contractor from time to time, with respect to the collection transportation, and removal of Refuse hereunder, the performance of Contractor's services hereunder, and the Contractor's compliance with the provisions of the Ordinances and Rules and Regulations of the City of Grand Terrace as they now exist or may from time to time be amended, and Contractor agrees to comply therewith Such collection and removal of Refuse shall be done in a prompt, thorough, lawful and workmanlike manner C All Refuse collected by Contractor hereunder shall be transported in automotive trucks or other suitable motor vehicles All trucks and equipment used within the City shall be maintained at all times in good mechanical condition, and shall be clean, free of offensive odors, and uniformly painted and numbered Each piece of equipment shall display a sign of Contractor and his telephone number in lettering a minimum of three inches in height, which shall be subject to approval by the City Manager All truck bodies used by Contractor shall be constructed of metal and shall be watertight. The body of each truck shall have a metal cover covering at least fifty percent (50%) of the truck body at all times, and the remaining fifty percent (50%) shall be covered by an airtight, water -proof tarpaulin, securely tied in order to cover Refuse when the vehicle is being used to transport its contents to the place of disposal Each piece of equipment shall carry at all times a broom and shovel to be used for the immediate removal of any spilled material. All receptacles, trucks or other vehicles, as well as all utensils used in the collection of Refuse, shall be of a design and construction reasonably acceptable to and approved by the City Manager -2- D All vehicles used by Contractor for collection services hereunder shall be not more than ten (10) years in age unless by express approval of the City Manager All equipment shall be subject to inspection by the City Manager and upon notice given by the City Manager, Contractor shall make the equipment available for inspection At least once annually, a complete inspection of Contractor's vehicles shall be made by inspection authorities designated by City Contractor shall at all times comply with all State, County and local health and safety regulations and ordinances Should any inspection by any State, County or local authorities disclose safety defects in vehicles used by Contractor, Contractor shall remedy such defects within two (2) weeks after notice thereof In no event shall Contractor use any vehicle which is unsafe for use at that time for collection or transportation services hereunder E Contractor shall collect all Refuse from each Residential Unit once each week, but will provide additional collection service where ever such service is necessary to prevent excessive accumulation of Refuse All collection shall be over routes, upon days and between hours specified on schedules which shall be filed by Contractor from time to time with the City Manager for approval All collection shall be made as quietly as possible without unnecessary noise, disturbance or commotion F All Refuse collected by Contractor shall become the property of Contractor immediately upon the collection thereof, and shall be forthwith removed and conveyed by Contractor to a place of disposal, which shall be provided, arranged for or furnished by Contractor However, City will have option of directing Contractor where Refuse will be deposited If this occurs any increased costs will be passed to City G Should any Refuse by spilled out or dropped by Contractor from any vehicle transporting the same or otherwise, either upon public or private property, it shall immediately be cleaned up and removed by Contractor, at the expense of Contractor -3- H In the event the Contractor fails, refuses or neglects to collect and dispose of Refuse set out or placed for collection at the time and in the manner herein required, City may collect and dispose of the same or cause the same to be collected and disposed of, and Contractor shall be liable for all expenses incurred in connection therewith Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Contractor The collection and disposal of Refuse by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude City from availing itself of additional remedies for Contractor's breach of contract I When the regularly scheduled collection day falls on a legal holiday, the Contractor may make his regular collection on that day or he shall be required to make up for the collection missed because of the legal holiday by rescheduling collection for next scheduled work day after such holiday, and shall notify the dwelling occupant of the day for the makeup collection A listing of observed Holidays will be provided to City Manager J Contractor agrees to provide a quarterly large bin collection service during a week end to be designated by City for the pickup of extraordinary trash, rubbish and debris in connection with a cleanup program Contractor will place 2 by 40 cubic yard containers on a weekend every 3 months (quarterly) Containers will be picked up the following Monday City will pay for disposal costs only for this service. K Contractor shall prepare and furnish to all Residential Units not less than ten (10) days prior to the beginning of or change in any service, schedules setting forth the days on which the collections shall be made Notice shall be in such form as is first approved by the City Manager L When sufficient reason exists therefor and any Refuse is not collected by Contractor, he may furnish, at his own expense, a tag at least two and seven -eights inches (2-7/811)by five and three-quarters inches (5-3/411) in size on which is stated the reason for the refusal to collect, leaving such on the premises or affixed to the receptacle and supplying a copy thereof to the City within 24 hours, or Contractor may make personal contract with the customer and make a mutual arrangement for the collection -4- M Contractor agrees that no collections shall be made between the hours of 8 00 p m and 6 00 a m., provided that the City Manager may waive or modify such limitation when necessitated by conditions beyond the control of Contractor. N Contractor shall maintain a business office and provide a toll -free telephone and shall man said office and telephone between the hours of 8 00 a m and 5.00 p m on all collection days Contractor shall forthwith respond to all calls and act upon all reasonable requests ( pertaining to the collection of Refuse Contractor shall further respond to and forthwith comply with all reasonable requests and instructions from the City Manager pertaining to the collection of Refuse hereunder O Contractor agrees to maintain a log book in which shall be listed 1 All complaints concerning collection services, 2 The method in which the complaint was rectified, 3 Tagging or personal contacts regarding non -pickups and provided herein Such log book shall be available for inspection by the City Manager at all times during business hours, on request P At all times during the term of this Agreement, all drivers, employees and agents of Contractor, while actively engaged in the collection of Refuse hereunder, shall be fully clothed with a uniform type of shirt and pants acceptable to the City Manager Q Contractor may contract with owners, residents and proprietors of Residential Units to collect and dispose of waste materials taken above their normal waste collection These shall be classified as special pick- ups with rates mutually agreed to between Contractor and customer In cases of disagreement City Manager may arbitrate a mutually agreed upon rate R Contractor shall indemnify City and hold City harmless from any loss, damage or liability resulting from, arising out of, or in any way related to the actions, omissions or operations of Contractor or Contractor's agents, servants, or employees, in connection with any of Contractor's operations, provided, however, Contractor shall have no obligation of indemnity with respect to the negligence or willful misconduct of City or its employees -5- Contractor agrees, at Contractor's own expense, to carry comprehensive public liability and automobile liability insurance coverage during the full term of this Agreement, with City also named as an additional insured thereunder (to the extent of Contractor's aforesaid indemnity), covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of contractor, under this Agreement in an amount not less than $5,000,000,00, combined single limit for injuries, including death, and property damage Contractor further agrees to carry, at Contractor's own expense, Worker's Compensation Insurance in accordance with the laws of the State of California Certificates from the insuring companies showing the effectiveness of all of said insurance policies will not be subject to cancellation by the companies until thirty (30) days after written notice to City by registered mail or certified mail of the intention of the company to cancel said policy or policies. Such policies shall guarantee payment or any final judgement rendered against the Contractor or the City within the coverage provided, irrespective of the financial condition of said Contractor All of said policies shall be subject to the approval of the City Attorney of City prior to the parties entering into this Agreement S This Agreement shall not become effective until Contractor shall secure and deliver to City a good and sufficient surety bond, to be approved by the City Attorney, in the amount of $ to secure the full, true and faithful performance of all the terms, obligations and conditions of this Agrement on the part of Contractor Contractor shall present said bond to the City Manager concurrently with the execution of this Agreement, together with receipts showing the payment of premium for such bond Said bond shall not be subject to cancellation and shall be in full force and effect for the full term of one (1) year and shall be renewed or a new bond furnished, subject to approval as herein provided, not less than thirty (30) days prior to the expiration of the then existing bond on file with the City Contractor shall, at all times during the term of this Agreement, maintain on file with the City a good and sufficient performance surety bond in accordance with the requirements of this Section to secure faithful performance of this Agreement by Contractor. am T In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Contractor to provide other such insurance and/or bond as hereinabove provided prior to the effective date of such cancellation or termination, other than due to commercial unavailability of such insurance or bond, this Agreement shall continue, otherwise City may terminate this Agreement by written notice No liability or obligation shall be incurred by City in favor of Contractor by virtue of any such notice or notices or from any such suspension or termination In the event of such suspension or termination by City upon the failure of contractor to secure and maintain on file said insurance and/or bond during the full term of this Agreement, Contractor shall be liable to City for any and all damages suffered by City arising out of such suspension or termination U (1) The rate which Contractor shall charge to all customers for collection, removal and disposal of Refuse shall consist of the following (a) a base service rate mutually agreed in writing by City and Contractor (which shall be ad] usted annually as set forth below), and (b) all charges incurred by Contractor for disposal of Refuse at the San Bernardino County landfill, as such charges are established from time to time by the San Bernardino County Board of Supervisors, or if it becomes necessary for other landfills to be utilized by Contractor, all changes incurred by Contractor for disposal thereof, together with charges incurred by Contractor for increased hauling distances to such other landfills (2) The City agrees that to reflect the changes in the cost of living, the base service rate referred to in subparagraph (a) above shall be revised annually based upon fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Los Angeles - Riverside - Anaheim Area as published by the U S Department of Labor, Bureau of Labor Statistics ("Index") As of the first anniversary of this Agreement and every anniversary thereafter (the "Rate Modification Date"), the fees shall be increased or decreased for the ensuing twelve-month period in a percentage amount equal to 100 percent of the net percentage change of the Index -7- Increases will not exceed 7% per year Any additional amount above 7% will need approval of City All percentage changes are to be computed as the difference between the Index value for the second full calendar month prior to the commencement of this Agreement and the Index value for the second full calendar month prior to the Rate Modification Date divided by the index value for the second full month prior to the commencement of this Agreement Prior to or as soon as possible after each Rate Modification Date, Contractor shall send to City a comparative statement setting out for the Index (1) the index value for the second full calendar month prior to the commencement of this Agreement, (b) the Index value for the second full calendar month prior to the Rate Modification Date, (c) the net percentage change, and (d) the increase or decrease in the fees which may be charged by the Contractor On the next billing date after the City's receipt of the comparative statement, the fees charged by the Contractor shall be modified to reflect any charge until a different comparative statement is received by the City (3) The rates in subparagraph (a) above do not include (a) the collection and disposal of any materials other than Refuse, (b) extraordinary collections of Refuse, including increased volumes of Refuse resulting from flood, hurricane or similar or different act of God, and (c) curbside recycling or other waste related services which City is required to provide pursuant to the California Integrated Solid Waste Management Act of 1989, or City otherwise desires to provide, and rates for any of such services provided by Contractor shall be mutually agreed between the Contractor and the City, provided, however, Contractor shall in good faith negotiate with City for the provision by Contractor of any such additional services requested by City Billing for said additional services shall be by the Contractor Such Services, if of a continuing nature, may be set forth in a resolution of the City Council V Contractor shall bill all charges for collection, removal and disposal of Refuse on a quarterly basis directly to the customer and Contractor shall collect and retain all payments, less a ten percent (10%) franchise fee payable to City as set forth below W (A) The Contractor shall pay the City on or before the twentieth (20th) day of the month following previous quarterly billing cycle an amount equal to ten percent (10%) of all charges billed directly by the Contractor for that period for collection and removal of Refuse, provided, said amount will be calculated on the base service charge referred to in paragraph 3U(a) above and exclusive of pass through charges, including disposal In January of each year Contractor shall submit to the City a listing of all uncollectible accounts for the { previous year This listing shall show names, locations, period, amount, and reason for delinquency After verification by the City, the Contractor shall be credited with 10% of the service fee amount (B) The Contractor shall provide the City with a quarterly report of all billings showing customer manes, locations, class of service and amount billed 5 Obligations of City A Except as hereinafter otherwise provided, Contractor shall have sole right to pick up, gather, remove and dispose of Refuse until such time as this Agreement is terminated as herein provided City will not let any contract to, or enter into any contract with, any other person, firm or corporation for the performance of the services herein required to be performed by Contractor, except as expressly otherwise herein provided, as long as this Agreement is in effect B City shall protect Contractor's rights to such exclusive Agreement by enactment of proper ordinances, and by reasonable enforcement thereof providing rights do not conflict with the provisions of Section 4272 of the California Health and Safety Code 6 Miscellaneous A This Agreement shall not be assigned by Contractor nor shall any services of the Contractor be sublet or subcontracted without the prior written consent and approval of the City Council of the City, which shall not be unreasonably withheld, provided, however, consent to utilize subcontractors shall only be given in cases of unusual material or volume The Contractor shall at all time be responsible for the performance of any and all subcontractors authorized by the City. B It is understood and agreed that the legal status of the Contractor in this Agreement is that of an independent contractor, not that of an agent or employee of the City and, furthermore, Contractor shall have no authority to make any contracts or other type of legal commitments on behalf of the City C The Contractor shall not, nor shall he permit any agent or employee employed by him to request, demand or accept, either directly or indirectly, any compensation or gratuity from any person, firm or corporation for services hereunder except as herein provided D The Contractor shall, in person or by his agent, visit the office of the City Manager at such times as said City Manager shall from time designate for the purpose of discussing any matters or sub]ects relating to the performance of this Agreement E In the event any problems arise, or apparent conflicts or discrepancies appear concerning definitions of terms, it shall be the responsibility of the City Manager to make a determination as to interpretation The City Manager shall seek the advice of the City Attorney, when appropriate The Contractor shall have the right to appeal to the City Council, and thereafter, Contractor shall be entitled to all remedies at law or in equity l F The failure of either party at any time to require performance by the other of a provision shall in no way affect the right of such party entitled to performance to enforce the same thereafter Nor shall the waiver of either party of any breach of any provision hereof be construed to be a waiver of such provision or of any succeeding breach thereof G Any notice that may be given to under or with respect to this Agreement shall be deemed to have been given when delivered personally or when sent by certified mail, postage prepaid, addressed as follows If to Contractor at 10412 Richardson St P O 818 Loma Linda, California 92354 Attn District Manager -10- With a copy to P O Box 3151 Houston, Texas 77253 Attn• Secretary If to City at. 22795 Barton Road / Grand Terrace, California 92334-5295 or to such other address as designated hereunder by such party H. City reserves the right to determine, in the exercise of its powers to provide for the public health and welfare, whether technological or other changes relating to Refuse collection materially affect the necessity of or level of the services provided for hereunder, and, in such case, the level of service hereunder shall be adjusted by city, and this Agreement shall be reviewed and revised accordingly, or City may terminate this Agreement by giving Contractor one (1) year notice thereof The Contractor shall be entitled to meet and consult with the City regarding the changes in Refuse collection it is relying on for termination or adjustment of the level of service The City shall not exercise this right arbitrarily or capriciously I Either the Contractor or City, upon ninety (90) days written notice to the other party, may cancel this Agreement for breach by the other party of any material obligation unless, prior to such noticed termination date, the complained of breach is substantially cured J Notwithstanding any provision herein to the contrary, the Contractor shall not be liable for the failure to perform hereunder if such failure is caused by a catastrophe, riot, was, governmental order or regulation, strike, fire, accident, act of God or other similar or different contingency beyond the reasonable control of the Contractor -11- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written ATTEST City Clerk APPROVED AS TO FORM City Attorney -12- CITY OF GRAND TERRACE By: Mayor LOMA LINDA DISPOSAL COMPANY, INC a California Corporation Contractor By Title By _ Title