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12/14/1983CITY OF GRAND TERRACE REGULAR COUNCIL MEETING TERRACE VIEW ELEMENTARY SCHOOL DECEMBER 14, 1983 22731 Grand Terrace Road 5:30 P.M. AGENDA * Call to Order * Invocation - Randall Gallaway, Area Baptist Student Union Director * Pledge of Allegiance * Roll Call Staff CONVENE COMMUNITY REDEVELOPMENT AGENCY Recommendations 1. Approval of Minutes (12/1/83) Approve 2. Approval of Check Register No. CRA121483 Approve RECESS COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Civic Center Financing Briefing (Gene Nazarek) RECESS CITY COUNCIL RECONVENE COMMUNITY REDEVELOPMENT AGENCY 3. MORTGAGE REVENUE BOND - 1983 SERIES A A. Market Demand Study for Grand Terrace 1983 Mortgage Revenue Bond Issue B. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT Adopt AGENCY OF THE CITY OF GRAND TERRACE, CA, APPROVING JOINT POWERS AGREEMENT BY & BE- TWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, THE LA VERNE RE- DEVELOPMENT AGENCY & THE COMMUNITY REDEVEL- OPMENT AGENCY OF THE CITY OF CALEXICO FOR THE PURPOSE OF FINANCING SINGLE FAMILY HOME MORTGAGES. C A RESOLUTION OF THE COMMUNITY REDEVELOPMENT Adopt AGENCY OF THE CITY OF GRAND TERRACE, CA, APPOINTING BOND COUNSEL & AUTHORIZING EXECU- TION OF AGREEMENT FOR BOND COUNSEL SERVICES FOR SINGLE FAMILY RESIDENTIAL MORTGAGE BONDS, 1983 SERIES A. D. INVESTMENT BANKING AGREEMENT WITH MILLER & Approve SCHROEDER MUNCIPALS, INC. Council Action COUNCIL AGENDA 12/14/83 Page 2 of 4 Staff Recommendations Council Action E. Indemnification Agreement with Griffin Homesi Approve 4. Authorize Release of Checks Based on a 12/29/83 Check Register Ira .n«ilial"J.0lira IWIi]Valli IIIMINIM 7,LToILI 141IN]I1.11a(1MMW :UU N.M. A B11L11Y STUDY & REDEVELOPMENT IMPLEMENNTiON T"'R'A"'EGY' _R`E'P'O_RT'_."'_' RECONVENE CITY COUNCIL 2. Items to Add/Delete 3. Approval of Minutes (12/1/83) 4. SPECIAL PRESENTATION A. Certificate of Appreciation - John Lotspeich 5. 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 an item be removed from the Consent Calendar Ifor discussion. A. Approval of Check Register No. 121483 B. Authorize Release of Checks Based on a 12/29/83 Check Register Approve Approve Approve Approve C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Adopt OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 79-39 & SETTING BAIL FOR INFRACTIONS TO THE LITTER CONTROL & PROPERTY MAINTENANCE ORDINANCE. D. Authorize Installation of Stop Sign at City I Approve Center Ct. & Mt. Vernon Ave. E. Civic Center Site Easement (1) Accept Easement from Zampese/DeBenedet &I Approve Authorize Recordation by City Clerk; (2) Authorize Mayor to Execute Grant Deed to � Approve Zampese/DeBenedet COUNCIL AGENDA Staff 12/14/83 Recommendations Council Action - Page 3 of 4 F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NOS. 81-13 AND 81-48 AND ESTABLISHING FEES FOR SEWER SERVICE AND DELINQUENT CHARGES AND PENALTIES FOR NON-PAYMENT THEREOF, PURSUANT TO THE CITY'S ORDINANCES ESTABLISHING PROVISIONS THEREFOR. 6. PUBLIC PARTICIPATION 7. PUBLIC HEARING - 7:30 P.M. A. Appeal of Planning Commission Decision - Request for Sign - 22365 Barton Road 18. ORAL REPORTS A. Planning Commission (1) Planning Commission Determination of Use in C-2/CPD; Appeal of Planning Commis- sion Determination B. Parks & Recreation Committee (1) Consideration of Appointment of Louis Galvez to Fill the Unexpired Term of John Lotspeich to Expire 6/30/86 C. Historical & Cultural Activities Committee (1) City Flag D. Crime Prevention Committee E. Emergency Operations Committee F. Police Chief G. Fire Chief H. City Engineer I. City Attorney J. City Manager K. City Council 9. UNFINISHED BUSINESS A. Bid Award - Community Center Restroom Rehabilitation Project (GTB 83-06-1) 110. NEW BUSINESS A. Chamber of Commerce - Newsletter and Economic Development (Dave Terbest) Adopt J_ COUNCIL AGENDA Staff 12/14/83 Recommendations Page 4 of 4 B. Waiver Request - Curb/Gutter/Paving Approve Improvements - 22442 Pico St. C. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF Adopt THE CITY OF GRAND TERRACE, CA, ESTABLISHING RULES, REGULATIONS, & MINIMUM STANDARDS FOR STORAGE OF HAZARDOUS SUBSTANCES IN UNDER- GROUND STORAGE TANKS. D. Honey Hills Reservoir Project ADJOURN TO A JOINT CITY COUNCIL/CRA/PLANNING COM- IMPLEMENTATION STRATEGY REPORT, & TO AN 1� T� VT 1 V ✓tJVVJJ 4L1. L.1I�� , A ADJOURNED REGULAR TO CONDUCT A PUBLIC P.M. HEARING ON THE GENERAL PLAN UDA E. THE REGULARLY SCHEDULED MEETING OF 12/15/83 IS (CANCELLED. THE NEXT REGULAR MEETING WILL BE 1/12/84. AGENDA ITEM REQUESTS FOR THE 1/12/84 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY 12:00 NOON ON 1/4/84. Council Act -ion n CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING - DECEMBER 1, 1983 Fcr�u ; JG ORA AFI KC)VAL DEC 1 " 1483 .CAA GEi,,DA I T Elul N0. The regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California, on December 1, 1983, at 5:36 p.m. PRESENT: Hugh J. Grant, Chairman Jim Rigley, Vice Chairman Tony Petta Roy W. Nix Barbara Pfennighausen Seth Armstead, Executive Director Ed Clark, Treasurer Ivan Hopkins, Attorney Ilene Dughman, Acting Secretary ABSENT; Myrna Erway, Secretary APPROVAL OF MINUTES (11/10/83) (11/17/83) CRA-83-124 Motion by Mrs. Pfennighausen, Second by Mr. Rigley, ALL AYES, to approve the Minutes of November 10, 1983, as presented. CRA-83-125 Motion by Chairman Grant, Second by Mr. Petta, to approve the Minutes of November 17, 1983, as presented. Mr. Nix, referencing page 3, felt the gist of the discussion was well presented; however, felt there is too much generalization and it would more appropriate, in the future, to identify those individuals questioning items or expressing concerns or interest, since that information is part of the record. In the last paragraph, found it difficult to follow the subject because of the many clauses. Motion No. CRA-83-125 carried, ALL AYES. CHECK REGISTER NO. CRA120183 CRA-83-126 Motion by Mr. Nix, Second by Mr. Petta, to approve Check Register No. CRA120183, as submitted. CIVIC CENTER CONSTRUCTION/FINANCING Executive Director Armstead advised the schedule for signing documents pertaining to financing of the Civic Center is set for December 6, with the closing set for December 8. The Contractor is prepared to commence construction and ground -breaking is tentatively Page 1 - CRA - 12/1/83 n 4 scheduled for the week of December 12. whether the members felt it appropriate Ceremony. Chairman Grant indicated it ceremony was held for the Fire Station. . Mr. Armstead questioned to have a Ground -Breaking would be, since such a GENERAL PLAN UPDATE/IMPROVED FREEWAY ACCESS FEASIBILITY STUDY/REDEVELOPMENT IMPLEMENTATION STRATEGY REPORT. Chairman Grant, referencing a Staff Report recommending the Agency adjourn to a Joint Public Workshop Session on December 5 at 7:30 p.m., to discuss these documents, advised he would be unable to attend on that date. Recommended December 8 if it didn't conflict with other members' calendar. The Agency concurred upon setting the Joint Session at 6:00 p.m. on December 8, 1983. ADJOURN - The Regular Meeting adjourned at 5:45 p.m. to a Joint ommunity Redevelopment Agency/City Council/Planning Commission Public Workshop Session to be held at 6:00 p.m. on December 8, 1983. The next Regular Meeting will be held December 14, 1983, at 5:30 p.m. Respectfully submitted, Acting Secretary APPROVED: Chairman Page 2 - CRA - 12/1/83 11 COMMUNITY REDEVELOPMENT AGENCY PENDII IG CRA APPROVAL; CITY OF GRAND TERRACE "C�RA AGENDA ITEM N0.;;L, HECK DEC. 14, 1983 CHECK REGISTER NO. CRA 121483 NO. OUTSTANDING DEMANDS AS OF DEC. 14, 1983 *0 ) P1318 STEVE PANDZA CONSTRUCTORS (2) P1319 BROWN & NAZAREK DRIVEWAY RECONSTRUCTION ON PICO AND MT. VERNON. 22456 PICO & 12672 MT. VERNON LEGAL SERVICES FOR OCT. 1983 TOTAL: $ 5,606.25 zai r%n $ 5,989.75 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF CRA LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CRA. BY:BARBARA MICHOWSKI FOR:EDWARD R. CLARK TREASURER *CHECK RELEASED PRIOR TO CHECK REGISTER APPROVAL Date: 12/12/83 SZAFFn E C R A ITEM (XX) COUNCIL ITEM ( ) MEETING DATE: DECEMBER 14, 1983 AGENDA ITEM NO. SUBJECT: MARKET DEMAND STUDY OF GRAND TERRACE 1983-84 MORTGAGE REVENUE BOND ISSUE Background: A meeting was held with Grand Terrace housing developers (Griffin Homes, Pacesetter, Coast Construction), Miller and Schroeder, Underwriters; Brown and Nazarek, Bond Counsel; Standard & Poor's Corporation; City Manager, Finance Officer, and Mr. Joseph Janczyk of Empire Economics for the purpose of discussing a refinancing of the original SB 99 bond issue. The developers decided a new issue should be pursued prior to cut off date of January 1, 1984. This issue would require a feasibility study by Empire Economics, underwriting by Miller and Schroeder, and rating by Standard & Poor's as soon as possible. Again, the developers decided to pursue the new bond issue. Due to the short time frame to pursue the new issue, a feasibility study had to be completed, a Standard & Poor's rating conducted, resolution approving Joint Powers agreement, resolution designating Special Counsel, Special Counsel agreement, Joint Powers agreement and agreement from the major developer indemnifying the agency for the costs of participation in the issue, specifically: 1. The market demand study by Empire Economics for $8,000; 2. Site visit and rating analysis by Standard & Poor's for $12,000; and 3. Bond Counsel costs and any other items relative to performance of the bond issue to include Grand Terrace's reimbursement to the Agency (see attached letter from Griffin Homes and CRA Agenda Items No. 3A - 3E on mortgage revenue bond 1983). Staff recommends that the Agency: A. ACCEPT MARKET DEMAND STUDY FOR GRAND TERRACE 1983 SERIES A MORTGAGE REVENUE BOND ISSUE WITH THE UNDERSTANDING THAT GRIFFIN HOMES WILL INDEMNIFY THE AGENCY FOR THE COSTS BASED ON THEIR PARTICIPATION IN THE ISSUE FOR MARKET STUDY BY EMPIRE ECONOMICS $8,000, RATING ANALYSIS BY STANDARD & POOR'S $12,000, AND COSTS FOR BROWN & NAZAREK'S LEGAL COUNSEL AND ANY OTHER COST FOR THE ISSUE. B. APPROVE AGREEMENT BETWEEN EMPIRE ECONOMICS MARKET DEMAND STUDY, AND C. AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE AGENCY PURSUANT TO THE ABOVE INDEMNIFICATION BY THE DEVELOPERS. SA: Io Encs. �3 1� el) m�iz� �cc�xw�ni� cn�amic- November 10, 1983 719 : Auciam• :71 �i�?o .ReALaA&, l4,tnia 92373 ;F ""`f'": (71.4) 793-8245 Mr. Seth Armstead City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Re: Market Demand Study for Grand Terrace's 1983 Mortgage Revenue Bond Issue Dear Mr. Armstead: Kk 1,F IV EL ULL: r; 1 I Y Ur GRANDTERRACF We want to first congratulate you on pursuing a mortgage revenue bond program. Our analysis of the economic impacts of these programs has revealed that not only do they typically provide prospective purchasers with "affordable" interest rates, but they also generate substantial employment opportunities for local residents as well, both in the construction as well as the retail sectors. Purpose This letter will serve as a proposal, and upon execution, an Agreement regarding the Market Demand Study for Grand Terrace's 1983 Mortgage Revenue Bond Issue. Accordingly, this Agreement will provide you with a description of the research that will be conducted, along with the performance schedule and financial considerations for the study. Background Empire Economics specializes in performing market demand studies for residential, commercial and industrial projects located throughout the Southern California region, in general, and San Bernardino -Riverside counties, in particular. Recently, we conducted market demand studies for mortgage revenue bond issues for San Bernardino County, Riverside County, Ontario, Rancho Cucamonga and Montclair, as well as market demand studies for improvement bonds for the cities of Ontario and Corona. Mr. Seth Armstead November 10, 1983 Page Two Description of Economic Research The primary objective of the Market Demand Study is to determine the optimal portfolio of projects for the Grand Terrace Mortgage Revenue Bond Program, to ensure its success. This will be accomplished through @„ prg,fess on , nd;, omprehensive analysis of all of the relevant fdetors irielu iri •. ` 745 Recent demographic, economic,;and housing market trends in the Grand Terrace market area. The magnitude�4fid composition of housing demand in the Grand Terrace::'_ market7area will be forecasted for the 1983-86 per;6d;- th'ro'bj. ``:a' consideration of the expected growth of the economic bases in the market area, including industry and governmental establishments as well as spillover from Los Angeles County. The maximum incomes of�the`purchasers All also be determined. * Projectsnthat are pr.een:ly on the market as well as thosq',Vfiat.',airq> .ex e 1 ed�:tc =° 1,; ��i , rket in the near 4 .y future will -,be" surveytcridetermine their competitiveness, espe„,e€Xy in term ' =tof the financing that they offer. S°e"rAl consider "ion will be given to those projects that-:)jAM in SAa Bernardino County's, Ontario's. Rancho tld�-on a's sand Montclair's 1989 mortgage revenue bon Based upon the mar .,demand hd supply conditions in ,r" the Grand Terra Market 14rea, along with the characteristics of eandida e pr jects, the optimal portfolio of pr for the Gr Terrace mortgage revenue bond grog. dill be det fined. Therefore, the Market form a comprehensive analysis of all of e red a e econ in and housing market conditions that will affect the success of the Grand Terrace's 1983 Mortgage Revenue Bond Issue. Performance Schedule and Financial Considerations The study will be conducted directly by Joseph T. Janczyk, Ph.D., the President of Empire Economics and a Professor of Economics at California State College, San Bernardino. Mr. Seth Armstead November 10, 1983 Page Three The research for the Market Demand Study is expected to commence on November 14, 1983 and be completed within two weeks thereafter, in late November, 1983. Consequently, the study will be ready prior to Standard and Poor's site visit, scheduled for December 2, 1983. Progress reports will be provided upon request, if so desired.-,,,,,_,,,,., The fee for the Market 'Demand F"Study-i"s-'$8, 000. The payment of the fee will be as follows: 50% upon'ticommencement of the final study and the balance of..;z50% upon submission of the study. Any additional consulting s4rvices than are requested and approved by the City of Grand Terr; e�' ,`, sueh�'as travel to Sacramento or New York, will be billed seg :, y? Clo`in� In closing, we wou]it;-like to mention that our recent experience in conducting the Majkpt, Demand, Inc e and Price Studies for San Li" Bernardino County, "Rancho Cucamon ;:Ontario, and Montclair has provided us with _ir3.. rongb baclound on the housing market x _.. enabledons us ton est�a�6i0iifiii'S1fa skt from Standard & Poors who rate that these factors should be optimal project portfolio for Revenue Bond Issue. I bond issues have 'tKt. representatives onds. Ac Qrdingly, we feel eficial idetermining the rand Terrace's 1983 Mortgage Yi4 We are certainly looking f •�`°�.":, fisting you with your mortgage revenue bond program.' Si rely, - * T Velopers ncluding Griffin Homes will ify Grand Terr a Community Redevelopment for the cost f participation in the revenue 1983 Series A, specifically o ep'. nczyk, Ph. $8,000. E onomid— onsultant JTJ: re APPROVED: APPROVED: r -= I City of Grand Terrace Date Joseph �. Janczyk Date Mayor Hugh J. Grant III; OR►tiSATION COPY •FURNISHEQ TO:� z6- Griffin ��Home 1 - .3 , . t -' , . 5c.re Marc - � _ 6 7arz-nn;,, Ca tcrrno 91356-0827 ,2 i i 85 i December 9, 1983 Mr. Seth Armstead Community Redevelopment Agency City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Dear Seth: It is our understanding that the agency will be incurring certain costs to process the single family residential mortgage revenue bond issue of 1983. As we had indicated, Griffin Homes will indemnify the agency for our prorated share of these costs based on our participation in the issue. To date, there have been two items of cost identified as follows: Item 1, market demand study by Empire Economics, $8,000; Item 2, site visit and rating analysis by Standard and Poors, maximum budget, $12,000. It is our intent to make payment for these items at the time we deposit the cash and/or Letter of Credit for the points required to complete the financing. However, if the financing should fail to result in the sale and delivery of bonds, we will pay such costs at the time of such abandonment. We look forward to providing Grand Terrace with many more Griffin homes. MK:am cc: Bruce Freeman 632 Yours sincerely, GRIFFIN HOMES Ma ion Kiesling As istant Treasurer tt '[+ULI DEC 141 CRA AG NDAM N0. �L LAW OFFICES OF BROWN F3 NAZAREK C SAMUEL BUCK 217, CAMPUS DRIVE SUITE 330 RANCHO SANTA FE (619) 756-5994 F MACKENZIE BROWN* IRVINE, CALIFORNIA 92715 SAN BERNARDINO (714) 824-8360 J OHN R HARPER' IVAN L. HOPKINS (7141 7S2-8494 WILLIAM J. KAOI GEORGE W. MCFARLIN EUGENE A. NAZAREK RONALD E. NULL ' •A PROFESSIONAL CORPORATION ftl''�riUF;D . December 9, 1983 r) 14- 0:3 QJYAW-4.GRANDATERRAUL Mr. Seth Armstead City of Grand Terrace 22-795 Barton Road Grand Terrace, CA 92324 Re: Community Redevelopment Agency of the City of Grand Terrace SB 99 Housing Issue of 1983 Dear Seth: Enclosed for the meeting of the Community Redevelopment, Agency on December 14, 1983, please find the following: 1. RESOLUTION APPROVING JOINT POWERS AGREEMENT: This is the reso ution of t e ommunity Redevelopment Agency authorizing the execution of the Joint Powers Agreement for the financing of single family residences and designating the member of the Board to serve on the Board of the Joint Powers Agency. 2. RESOLUTION DESIGNATING SPECIAL COUNSEL: This is the resolu- tion of the Community Redevelopment Agency appointing Brown & Nazarek for conducting the proceedings and issuing the legal opinion as to the tax-exempt status of the bonds. 3. SPECIAL COUNSEL AGREEMENT: This is the agreement between the Community Redevelopment Agency and Brown & Nazarek as Special Counsel for the Bond Counsel services required for this financing. 4. JOINT POWERS AGREEMENT: This is the agreement between the Community Redevelopment Agency of the City of Grand Terrace, the La Verne Redevelopment Agency and Community Redevelopment Agency of the City of Calexico pertaining to the authoriza- tion, issuance and sale of Single Family Residential Mortgage Revenue Bonds, Issue of 1983, by the Joint Powers Agency. -LAW OFFICES OF a\ BROWN F3 NAZAREK Mr. Seth Armstead City of Grand Terrace December 9, 1983 Page Two Once the enclosed resolutions are adopted, a meeting of the Joint Powers Aqency will be scheduled and the actions necessary to complete the financing will be taken. Prior to the meeting, the documents in substantially final form will be available for review. I will be attendinq the CRA meeting on December 14, 1983. Should any questions arise, however, don't hesitate to call prior to that time for additional information. Sincerely, K)t George W. McFarlin GWM:vch Enclosures cc: Bob Spelman, Miller & Schroeder Municipals, Inc. James Warren Beebe, Esq. i 400 PENDIW CRA APPRO AL ~ DEC RESOLUTION N0. CRAB- - -1 ITEM No. 3 RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROV- ING JOINT POWERS AGREEMENT BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, THE LA VERNE REDEVELOPMENT AGENCY AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CALEXICO FOR THE PURPOSE OF FINANCING SINGLE FAMILY HOME MORTGAGES WHEREAS, the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE (the "CRA"), the LA VERNE REDEVELOPMENT AGENCY and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CALEXICO, CALIFORNIA, pursuant and subject to the provisions of Chapter 8 (commencing with Section 33750), Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Act"), are each authorized and empowered to provide, through lending institutions, long-term low interest home mortgage loans to persons and families to finance the acquisition of homes and to issue revenue bonds to provide the funds therefor; and, WHEREAS, the Act also provides that such powers may be exercised by an agency created by a joint powers agreement under Article 1 (commencing with Section 6500), Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, entered into by two or more public agencies by agreement for the express purpose of the joint exercise of such powers; and, WHEREAS, such an agreement (the "Joint Powers Agreement"), has been proposed and submitted to accomplish the formation of such agency. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Board of Directors of the CRA make and enter into a oint Powers Agreement to create the LA VERNE-GRAND TERRACE HOUSING FINANCE AGENCY (the "Agency") to exercise common powers of the CRA, the La Verne Redevelopment Agency and the Community Redevelopment Agency of the City of Calexico, to finance home mortgages pursuant to the Act; such Joint Powers Agreement to be in substantially the form attached hereto as Exhibit "A" and shall be as approved by the Counsel to the CRA. Exhibit "A" is by this reference incorporated herein and presented to the Board of Directors. F- t SECTION 3. That is hereby appointed by this BoarFof Directors to serve on the Board of Directors of - the Agency with authorized powers to carry out the purposes of the Agency as set forth in the Act and the Joint Powers Agreement. SECTION 4. That the Chairman is hereby authorized to execute such —Joint Powers Agreement on behalf of the CRA, and the Secretary of the CRA is authorized to attest the Chairman's signature thereto and affix the seal of the CRA. PASSED, APPROVED AND ADOPTED this 14th day of December, 1983. ATTEST: Secretary Community Redevelopment Agency of the City of Grand Terrace State of California Chairman Community Redevelopment Agency of the City of Grand Terrace State of California -2- Approved as to form: City Attorney PENDING CRA APPROVAL AGREEMENT JOINT POWERS AGREEMENT TO CREATE THE LA VERNE- GRAND TERRACE HOUSING FINANCE AGENCY TO EXERCISE COMMON POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, THE LA VERNE REDEVELOPMENT AGENCY AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CALEXICO TO FINANCE HOME MORT- GAGES PURSUANT TO PART 1 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA , THIS AGREEMENT, made this day of 1983, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OT GRAND TERRACE, CALIFORNIA, a public redevelopment aqency, duly organized and existing under the Constitution and laws of the State of California, hereinafter called "Grand Terrace", the LA VERNE REDEVELOPMENT AGENCY, CALIFORNIA, a public redevelopment agency duly orqanized and existing under the Constitution and laws of the State of California, hereinafter called "La Verne", and the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CALEXICO, CALIFORNIA, a public redevelopment agency, duly organized and existing under the Constitution and laws of the State of California, hereinafter called "Calexico"; WITNESSETH: WHEREAS, Grand Terrace, La Verne and Calexico, pursuant and subject to the provisions of Chapter 8 (commencinq with Section 33750), Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Act"), are each authorized and empowered to provide, through lending institutions, lonq-term, low interest home mortgage loans to persons and families to finance the acquisition of homes and to issue revenue bonds to provide the funds therefor; and, WHEREAS, the Act also provides that such powers may be exercised by an agency created by a joint powers agreement under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California entered into by public agencies for the express purpose of the joint exercise of such powers; and, WHEREAS, said Article 1 provides (a) that two or more public agencies by agree- ment may jointly exercise any powers common to the contracting parties, and (b) that the agency provided by the agreement to administer or execute the agreement may be a separate commission or board constituted pursuant to the agreement; and, WHEREAS, Grand Terrace, La Verne and Calexico have determined (a) that the public interest and economy will be served by, and require, the joint exercise of their common powers under the Act, and (b) to create a separate agency, which agency shall have and exercise said common powers. NOW, THEREFORE, IT IS AGREED, as follows: 1. FORMATION. Grand Terrace, La Verne and Calexico, pursuant to Article 1 (commencinq with Section 6500), Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and pursuant to the Act, hereby form, establish and create the LA VERNE-GRAND TERRACE HOUSING FINANCE AGENCY, hereinafter called "kency", which shall constitute a separate and distinct public entity. n 2. PURPOSE. The Aqency is formed for the purpose of exercising any and all of the common powers of Grand Terrace, La Verne and Calexico relating to the financing of home mortgaqes pursuant to the Act and resulting in the issuance of Residential Mortgaqe Revenue Bonds, Issue of 1983 (the "Bonds"). In addition, Lendinq Institutions have been given the opportunity to participate in the home mortgage financing programs of Grand Terrace, La Verne and Calexico (as evidenced by documentation duly on file) and the Aqency shall be authorized to execute agreements with such of these Lending Institutions as it shall select with respect to home mortgages to be acquired with proceeds of bonds to be issued by the Aqency under the Act. 3. INTERNAL ORGANIZATION. The Aqency shall have a governing body designated as the Board of Directors of the LA VERNE-GRAND TERRACE HOUSING FINANCE AGENCY (the "Board"), which shall consist of one member of the Board of Directors of Grand Terrace, desiqnated by resolution of Grand Terrace, one member of the Board of Directors of La Verne, designated by resolution of La Verne, and one member of the Board of Directors of Calexico, designated by resolution of the Board of Directors of Calexico. (a) Duties of Directors. The duties of the Directors shall be: (1) To make all policy decisions and exercise all of the powers of the Aqency. (2) To submit full and reqular reports to each of the parties to this Aqreement; and, (3) To adopt from time to time such rules and regulations for the con- duct of Agency affairs as may be required. (b) Officers. The Agency shall have a President and Vice -President periodi- cally el ected by and from amonq the members of the Board, and shall have a Secretary and a Treasurer who shall be appointed by the Board. (c) Duties of Officers. Officers shall perform normal duties to their office; an (1) The President shall siqn all contracts of behalf of the Agency and perform such other duties as may be imposed by the Board. (2) The Vice -President shall act in the absence of the President. -2- (3) The Secretary shall countersiqn all contracts on behalf of the Agency; perform such other duties as may be imposed by the Board; and keep minutes of all meetings and cause a copy of the minutes to be forwarded to each of the members of the Board and each of the parties to this Agreement. (4) The Treasurer and the Auditor shall have the duties and obligations set forth in Section 6505.5 of the Government Code of the State of California. (d) Meetings. Reqular meetings of the Board shall be held at such time and place as may be established by the Board. (e) Ralph M. Brown Act. All meetings held by the Board, including regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 and 54g61 of the Government Code of the State of California. (f) Ouorum. Two members of the Board shall constitute a quorum and any action of the Board shall require the affirmative vote of not less than two members. (9) Compensation. The members of the Board shall receive no compensation for their services. 4. AGENCY TO ADMINISTER AGREEMENT. As established by this Aqreement, the LA VERNA-GRAND TERRACE HOUSING FINANCE AGENCY is hereby designated as a public entity separate from the members thereof, and as the entity to administer this Agreement. The Agency shall exercise its powers in the manner and subject to the restrictions of the laws of the State of California. 5. POWERS. The Agency shall have the power in its own name to: (a) Finance home mortqaqes pursuant to the provisions of the Act, and (b) Make and enter contracts; adopt a seal; employ agents, employees and consultants, including legal, fiscal and paying agents; acquire, con- struct, manage, maintain and operate buildings, works and improvements; acquire, hold and dispose of property; incur debts, liabilities and obligations; sue and be sued; and to do all other things reasonably necessary for the accomplishment of its purposes and the exercise of its powers. 6. OBLIGATIONS. The debts, liabilities and obligations of the Agency shall be the debts, liabilities and obligations of the parties to the agreement in proportion to and arising out of the mortgages provided in their respective jurisdictions. 7. FINANCES. (a) Budget. The Aqency shall prepare an annual budget of revenues and expenses in each fiscal year, which shall be from July 1 to June 30. Such budget shall also show the revenues and expenses anticipated in connection with each project for which revenue bonds, notes and other evidences of indebtedness are outstanding. (b) Accountability of Funds, Reports and Audits. There shall be strict accountability of all funds and a report of all receipts and disburse- ments of the Agency. The Auditor shall cause annual audits of the accounts and records of the Aaenc y to be prepared by an independent cer- tified public accountant to be filed annually with the Treasurer of each participating public entity. The annual audits shall conform to generally accepted auditing standards, the minimum requirements of which shall be as prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California. The Agency shall establish and maintain all necessary funds and accounts which shall be open to inspection at all reasonable times by each of the parties hereto. (c) Bondina Person Having Access to Property. The officers who have charge of, handle, or have access to any property of the Agency, shall be required to file an official bond with the Agency in such amount as may be established by the Board. Should an existing bond of any of said officers be extended to cover the obliqation provided herein, said bond shall be the official bond of said officers required to be posted herein. The premium on any such bond or bonds shall be an appropriate expense of the Agency. 8. AMENDMENT. This Agreement may be amended by the mutual consent of the parties hereto, duly authorized by the desiqnated representatives of the respective legislative bodies thereof; provided that no amendment shall be to the detriment of holders of outstanding bonds, notes or other evidences of indebtedness. 9. PERIOD OF AGREEMENT. This Agreement shall continue until rescinded or terminated by either mutual consent of the parties hereto duly authorized by resolution of the respective legislative bodies thereof, or by unilateral with- drawal by one of the parties hereto duly authorized by resolution of its legisla- tive body; provided that this Agreement shall be irrevocable as long as the Agency has bonds, notes or other evidences of indebtedness outstanding. 10. DISPOSITION OF PROPERTY. Properties acquired by the Agency shall be held and managed by the Agency and shall not be disposed of, distributed to, or divided between the parties hereto, except in accordance with their directions, duly authorized by resolution of the respective legislative bodies thereof; provided that no disposition, distribution or division shall be made of properties acquired and/or constructed from the proceeds of outstanding bonds, notes or other evidences of indebtedness except in accordance with the resolution authorizing such bonds, notes or other evidences of indebtedness. 11. SURPLUS. After the completion of the purposes of this Agreement, any surplus money held by the Agency shall be paid to the respective parties hereto in proportion to their participation. -4- 12. FURTHER ASSURANCE. Grand Terrace, La Verne and Calexico shall execute all documents and do all thinqs necessary to enable the Aqency to execute its powers and accomplish its purposes. IN WITNESS WHEREOF, the parties hereto have caused this Aqreement to be exe- cuted by their officers thereunto duly authorized the day and year first above written. ATTEST: SECRETARY (SEAL) ATTEST: SECRETARY ( SEAL) ATTEST: (SEAL) COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: CHAIRMAN APPROVED AS TO FORM AGENCY COUNSEL LA VERNE REDEVELOPMENT AGENCY B•y: CHAIRMAN APPROVED AS TO FORM AGENCY COUNSEL COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CALEXICO By: HAIRMAN APPROVED AS TO FORM AGENCY COUNSEL I hereby certify that the foreqoing instrument is a true copy of the oriqinal instrument on file in my office. SECRETARY OF THE LA VERNE-GRAND TERRACE HOUSING FINANCE AGENCY _ r, _ PENDING CRA APPRQVAL RESOLUTION NO. DEC 14 1983�RA AGENDA ITEM No, 3 C RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT FOR BOND COUNSEL SERVICES FOR SINGLE FAMILY RESIDENTIAL MORTGAGE BONDS, 1983 SERIES A ,WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace, California (the "Agency") desires to undertake certain proceedings for the issuance of revenue bonds for single family housing development to be constructed by Griffin Homes, a California corporation (the "Developer"), and further desires to employ Bond Counsel in connection therewith; and WHEREAS, a Special Counsel Agreement has been received from the firm of Brown & Nazarek for said Bond Counsel services. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Community Redevelopment Agency of the City of Grand Terrace, California, as follows: SECTION 1. The agreement for Special Counsel Serviced by and between the Agency and Brown & Nazarek in connection with said revenue bond financing proceedings, a copy of which is on file with the Secretary of the Agency, is hereby approved and the Chairman is authorized and directed to execute said agreement in the name of and on behalf of the Community Redevelopment Agency of the City of Grand Terrace. SECTION 2. This resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 14th day of December, 1983. ATTEST: Chairman Community Redevelopment Agency of the City of Grand Terrace State of California Approved as to form: secretary Community Redevelopment Agency of the City of Grand Terrace City Attorney - State of California p_#ING CRA APPROYA SPECIAL COUNSEL AGREEMENT THIS AGREEMENT is made and entered into this day of , 1983, by and between BROWN & NAZAREK, Attorneys at Law, ereinafter referred to as "Bond Counsel"), and THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE (hereinafter referred to as "Agency"). WHEREAS, the Agency is considering the issuance and sale of sin- gle family residential mortgage revenue bonds pursuant to Chapter 8 (commencing with Section 33750), Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Act"), to finance the construction of a single family housing development within the City of Grand Terrace, and, in connection therewith, will require the services of attorneys qualified to act as bond counsel to the City. WHEREAS, Bond Counsel represents that it is able to provide the leqal services which will be required by the Agency in connection with the Agency's proposed issuance of single family residential mortgage bonds. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: SECTION 1. That Agency hereby employs Bond Counsel, and Bond Counsel hereby accepts such employment, to represent the Agency in connection with the authorization, issuance, and sale of bonds of the Agency to finance single family housing under the provisions of the Act. Such representation shall include, but shall not be limited to, general advice to and consultation with the Agency, it's attorney, staff, consultants, under- writers, underwriters' counsel, and financial insti- tutions; drafting of all resolutions, notices, and other documents required for the authorization, issu- ance, and sale of the bonds; examination of the tran- script of the proceedings; and issuance of an approv- inq legal opinion to the purchasers of the bonds. SECTION 2. Bond Counsel's fee for the aforesaid legal services, including normal expenses based on the amount of bonds issued, will be calculated on the following schedule: 112% of the 1st $5,000,000 1/4% of the next $10,000,000 1/8% of the balance Minimum fee of $25,000. Said fee shall be payable from the proceeds of the bond sale on or within a reasonable time from the date of closing. SECTION 3. Should the financing contemplated hereunder be aban- doned before the sale and delivery of bonds, Bond Counsel will be paid a fee based on the number of hours spent on the project at the hourly rate of nine- ty dollars ($90.00) subject to a maximum fee of five thousand dollars ($5,000). SECTION 4. It is understood and agreed that the aforesaid fees do not include representation of the Aqency in connection with litiqation which does not result from the perfor- mance of this agreement. However, Bond Counsel will represent the Aqency, at the request of the Agency, in any such litiqation at a fee to be mutually aqreed upon. IN WITNESS WHEREOF, the parties hereto have caused this Aqreement to be executed as of the date and year first above written. ATTEST: Secretary "AGENCY" COMMUNTIY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE By: Chairman "BOND COUNSEL" BROWN & NAZAREK B y : IN tc �t�,� Pa tner -2- Date: 10-Z7� S-YAFF REP(YRT C R A ITEM (KXX) COUNCIL ITEM ( ) MEETING DATE: 12/14/83 AGENDA ITEM NO. 0 SUBJECT: AUTHORITY FOR STAFF TO RELEASE 12-29-83 CHECKS The length of time between the last Agency Meeting in December (12-14-83), and the first Agency Meeting in January (1-12-84), is one month. The staff feels vendors should be paid on a timely basis. Staff proposes to pre- pare a check register on 12-29-83. The checks would be released on 12-29-83. The register then would be presented to Agency at the 1-12-84 Meeting for approval. Staff Recommends Agency: AUTHORIZE STAFF TO RELEASE CHECKS BASED ON A 12-29-83 CHECK REGISTER THAT WILL NOT BE APPROVED BY AGENCY UNTIL 1-12-84. ERC:pt M DEC 1 A 1983 .COUNCIL AGENDA ITEM r '3 CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - DECEMBER 1, 1983 pFNdING C11Y, COUNCIL APP ROVAC A Regular Meeting of the City Council of the City of Grand Terrace was called to order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California, on December 1, 1983, at 5:45 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, Deputy City Clerk ABSENT: Myrna Erway, City Clerk The meeting was opened with invocation by Pastor Suk Woo Chung, Loma Linda Korean Church of Seventh Day Adventist, followed by the Pledge of Allegiance, led by Councilman Nix. GENERAL PLAN UPDATE/IMPROVED FREEWAY ACCESS FEASIBILITY STUDY/REDEVELOPMENT IMPLEMENTATION STRATEGY REPORT. Council discussed the Joint Public Workshop Session, set by the Community Redevelopment Agency for December 8, relative to whether or not the Consultants should be present. John McDowell, the Planning Commission Vice -Chairman, urged expediting the completion of the General Plan Update. Stated the Planning Commission will be prepared for the Joint Session. Following further discussion, the Council requested that the December 8 Joint Public Workshop Session include all consultants. City Manager Armstead requested Council to submit guidance and questions to Staff. ITEM DELETED FROM AGENDA - 6A - City Flag Council questioned this item being placed on the Agenda, feeling it is a settled issue. The City Manager stated the Historical & Cultural Activities Committee requested further Council consideration; however, needed time for the Committee to review it further. Page 1 - 12/1/83 r 4W RESOLUTION NO. 83-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRACE,GRAND A ORNIA, ESTABLISHING A "NO PARKING" ZONE ALONG THE FRONTAGE OF TRACT 11135. Councilwoman Pfennighausen objected to this item being placed on the Consent Calendar. Noted she has previously expressed concerns and will continue to express concern over red -lining curbs. Felt the reason for this request is due to Cape Terrace's security gate, which continually malfunctions creating a traffic hazard and, rather than having them correct their problem, Staff is requesting more red curbs. Councilman Nix concurred with Councilwoman Pfennighausen's concerns about this item, as requested. Felt there would be no parking on Mt. Vernon Avenue if this applied to all driveways. Reminded Staff that the previously approved no -parking zone at the Community Center, where new curbing was installed, has never been painted red. Councilman Petta noted the request affects only two driveways in a high -density area serving 98 units, over 200 people living on a 10-acre parcel. Advised that the County Sheriff's Department reviewed the condition and they concurred with the Homeowner's Association request. Councilman Petta, with concurrence of Councilmen Rigley and Nix, felt the security gates and the visibility hazard created by the parked cars are two different issues, since the parked cars would still block the view of vehicles exiting the driveways even if the gates remained open. Captain Jim Bradford, County Sheriff's Department, concurred with Councilman Petta. Appreciates the concerns of red curbing, but feels this area presents a definite safety problem. Councilwoman Pfennighausen stated she feels the two problems are related because, with cars parked at the curb when the gate malfunctions, which happens repeatedly, there is a full line of traffic waiting in the right-hand lane, and other traffic has to go around. If the that line of traffic could pull farther to the right, it would keep free -flowing traffic in two lanes. Stated this hazard was never seen as a problem until she brought the gate matter before Council. Questioned whether the Planning Commission considered this safety hazard at the time it approved the plans for that development. City Attorney Hopkins responded it obviously had not or it would have been a condition of approval. CC-83-334 Motion by Councilman Petta, Second by Councilman Rigley, to approve Staff's recommendation to adopt Resolution No. 83-60, which eliminates parking 20 feet on each side of the two driveways to Cape Terrace, 12168 Mt. Vernon. Councilman Rigley didn't recal cars parked in that area. Councilman Nix noted the Staff Report sketch shows the area proposed to be painted red as 65 and 66 feet. The City Engineer clarified those numbers reference the beginning and ending points; the sketch Page 3 - 12/1/83 w EMERGENCY OPERATIONS COMMITTEE - Tom Coyle, Administrative Assistant, advised the Committee condu a field trip to Riverside and will be discussing it at its next meeting. Following her suggestion that no limit be placed on the number of CC-83-337 committee members where individuals are willing to serve, Motion by Councilwoman Pfennighausen, Second by Mayor Grant, to approve creating two additional openings on the Emergency Operations Committee. Following discussion, the Motion carried, ALL AYES. POLICE CHIEF REPORT - Captain Jim Bradford, San Bernardino Sheriff's epartment, reported on the increase in robberies and burglaries with the oncoming Christmas season. Advised of the various tactics used and some precautionary measures to take to discourage burglaries. FIRE CHIEF REPORT - City Manager Armstead reported that Councilman Petta, Ernie Zampese, San Bernardino County personnel, and he met that day; the County agreed to purchase the metal building at its stated price and Mr. Zampese will clean up the lot. Mayor Grant thanked Mr. Armstead and Councilman Petta for their efforts in resolving this situation. CITY MANAGER REPORT - Finance/Administrative Officer Clark reported on a Christmas dinner planned for December 11, 1983. Employees, Council, Planning Commission, Committies, and contracted staff, as well as families, have been invited. CITY COUNCIL REPORTS Councilman Nix reported on his tour of an aerospace facility near the Los Ange es Airport. He was impressed with the facility, which averaged $110 per square foot; however, didn't realize the commercial sense until he was advised that in two years the employee retention alone in that critical labor market of high technology is expected to more than pay for the cost. Stated he now feels better about Council's action for the proposed Civic Center knowing that class and aesthetics can make commercial sense and $110 per square foot is not unique to Grand Terrace. Councilman Petta reported that a citizen undertaking an excavation project questioned him why it takes 24 months to have her security deposit of $500 returned. He cited sections of the City's Excavation Ordinance relative to Excavation Permits Fees and Inspection Deposit and Costs. Felt it unfair for the City to retain the deposit that long when that person is paying for the inspection cost; questioned whether the City also retains funds from developers. Mayor Grant left the chambers at 7:02 p.m. City Attorney Hopkins stated the City had two options: (1) Pay the repair of any failure; or (2) retain a security deposit anticipated sufficient to guarantee cost of any repair failure for a two year Page 5 - 12/1/83 � SLAFF Date: 12/9/83 C R A ITEM ( ) COUNCIL ITEM (XX) AGENDA ITEM NO. 3 F MEETING DATE: DECEMBER 14, 1983 SUBJECT: SEWER SERVICES COLLECTION CHARGES FOR DELINQUENT PAYMENT In order to meet the administrative cost of collection, a collection fee of $15 has been established for a sewer user delinquent in payment. A delinquent is one who has missed three payments and has gone six months without payment. Experience shows that certain residents have a history of delinquency, appearing on multiple delinquency lists. Staff is recommending these users be charged a delinquent fee of $25. Resolution Nos. 81-13 and 81-48 established fees for City's ordinances providing for collection of sewer user charges, delinquent charges, and penalties. The proposed Resolution would rescind those resolutions and incorporate them into one resolution with the inclusion of the above recommended collection charge. Staff recommends that the Council: ADOPT THE ATTACHED RESOLUTION RESCINDING RESOLUTION NOS. 81-1 AND 81-48 AND ESTABLISHING FEES FOR SEWER SERVICE AND THE DELINQUENT CHARGES AND PENALTIES FOR NON-PAYMENT THEREOF, PURSUANT TO THE CITY'S ORDINANCES ESTABLISHING PROVISIONS THEREFOR. EC:TC:lo =3 PENDING CITY RESOLUTION N0. 83- OUNCIL APPROVAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NOS. 81-13 AND 81-48 AND ESTABLISHING FEES FOR SEWER SERVICE AND DELINQUENT CHARGES AND PENALTIES FOR NON-PAYMENT THEREOF, PURSUANT TO THE CITY'S ORDINANCES ESTABLISHING PROVISIONS THEREFOR. WHEREAS, the City's Ordinance establishing a Sewer User Charge Collection System provides that said charges be established by resolution; and WHEREAS, the City's Ordinance establishing time limits for payment of sewer user charges, delinquent sewer user charges, and providing for the disconnection of sewer services and related measures provides that penalties and charges therefor are to be established by resolution; and WHEREAS, it is deemed to be in the best interest of the City to increase the collection fee to those users that are delinquent two or more times in order to more equitably subsidize the administration for collecting said delinquent sewer charges; NOW, THEREFORE, the City Council of the City of Grand Terrace does hereby resolve, declare, determine, and order as follows: SECTION 1. Rescission - Resolution Nos. 81-13 and 81-48 are hereby rescinded in their entirety and that sewer user charges for service within the City of Grand Terrace be as follows: SECTION 2. Sewer User Charges a. Sewer service charges shall be billed on a bi-monthly basis, in advance of service, and shall be due and payable as of the date of the billing; thirty (30) days thereafter said amount shall become delinquent; b. Residential users shall be charged the rate of seven dollars ($7.00) per month. For the purposes of this Resolution, each single family dwelling, each dwelling unit in a multiple residential complex (including duplexes, apartments, condominiums, etc.), and each dwelling unit in a mobile home park shall be charged at the rate of $7.00 per month ; c. Commercial and/or industrial users shall be charged a rate of $0.32 per one -hundred (100) cubic feet of water used per month or any portion thereof; however, the minimum monthly charge for such users shall be $7.00 per month; d. Each church user shall be charged the rate of $7.00 per month; however, each church -owned property shall be charged at the appropriate use rate as provided herein; s . e. Individual schools shall be charged a rate of $7.00 per month for each one -hundred (100) average daily attendance or portion thereof. These amounts shall be computed on the basis of the previous twelve (12) months. Section 3. Delinquent Payment Collection Fee - The following collection fee be charged to a delinquent sewer user TA delinquent user is one who has missed three (3) payments and has gone six (6) months without payment]: a. A collection fee of $15.00 will be charged to a delinquent sewer user appearing for the first time on the delinquent list; b. A collection fee of $25.00 will be charged to a delinquent sewer user appearing on the delinquent list two (2) or more time. Section 4. Disconnection & Reconnection Costs Resulting from Non -Payment a. All costs incurred by the City for disconnection and reconnection of sewer services as a result of non-payment of sewer service charges shall become a charge against the property being served which has been disconnected or reconnected. b. Said charges shall be billed to the property, along with all delinquent charges. Said disconnection charges, reconnection charges, and other delinquent charges shall, from the date of disconnection, bear interest at the rate of ten percent (10%) per annum. c. Prior to reconnection of said sewer service, the City may require payment of all charges due, plus a reasonable deposit to ensure prompt payment in the reasonable future. ADOPTED this 14th day of December, 1983. ATTEST: City Clerk of the City of Grand Terrace and of the City Council thereof. Approved as to form: City Attorney Mayor of the City of Grand Terrace and of the City Council thereof. - 2 - ip 0 ` PENDING CITY ECK REGISTER NO. 121483 COU IC,iL APPROVAL GRAND TERRACE PAGE NO. 1 DEMAND/WARRANT REGISTER NO. 84-062 COUNCIL AGENDA ��,� � A DATE 12 / 14 / 83 HER D. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV NO. AMOUNT NO. AMOUNT ETH ARMSTEAD C/M MEET,FONTANA,11/18,SE 0-4120-270 7.50 LOCAL MILEAGE,ARMSTEAD 0-4120-271 15.25 LIT38 22.75 ASTANCHURY BOTTLED WATER BOTTLED WATER FINANCE 0-4190-238 41786 9.00 BOTTLED EATER C/M 0-4190-238 41787 9.00 LIT39 18.00 + ROWN 8 NAZAREK LEGAL SERVICES 10/83 0-4160-250 1378.90 LEGAL SERVICES 10/83 0-41b0-602 178.75 11740 1557.65 y ALIF.SOCIETY/MUNICIPAL MEMBERSHIP CSMFO 1984 0-4140-265 40.00 11741 40.00 ALL AMERICA CALL-AMER.10/26-11/17/83 0-4190-235 755784 42.41 11742 42.41 EAN CARTER INSTALL WARNING LIGHTPPAR 3-4430-246 809.00 L1743 809.00 ONSOLIDATED ELECTRICAL DIST SODIUM VAPOR LAMPS.C/H (4 0-4130-245 L2516 61.48 L1744 61.48 OPY LINE CORP. COPIER RENT.10/83 FIN. 0-4190-240 1229 132.50 COPIER INSTALL. FIN. 0-4190-240. 1229 97.69 COPIER RENT 10/83 C/M 0-4190-240 1228 11228 524.70 COPIER INSTALL 10/83 C/M 0-4190-240 221.91 11745 976.80 ANIEL;S LANDSCAPING SERVICE PARK MAINT. NOV.83 3-4430-245 750.00 11746 750.00 EFERRED COMPENSATION PLAN DEF.COMP.P/R END 11/18/8310-2164-000 593.00 I t Ln GRAND TERRACE m PAGE NO. DEMAND/WARRANT REGISTER NO. 84-062 DATE 12/ 14 /83 .:HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV NO. AMOUNT NO AMOUNT DEF.COMP.P/R END 11/18/83 0-2170-000 97.89 DEF.COMP.P/R ENO 11/18/83 0-4120-139 569.34 DEF.COMP.P/R END 11/18/83 0-4125-139 384.62 OEF.COMP.P/R END 11/18/83 0-4140-139 599.58 DEF.COMP.P/R END 11/18/83 0-4180-139 226.22 DEF.COMP.P/R END 11/18/83 3-4430-139 185.35 DEF.COMP.P/R END 11/18/83 1-4572-139 110.35 23880 2766.35 LEXANDER GRANT & COMPANY UPS CHARGE,COMP.PRINTOUTS 0-4420-210 12039 5.27 COMP.SVCS. 11/83 0-4420-255 12039 1071,00 UPS CHARGE,COMP.PRINTOUTS 1-4572-210 12039 5.28 .COMP.SVCS. 11/83 1-4572-255 12039 225.00 11747 1306.55 IPS SERVICES INCORPORATED CRACK FILL M/V & BARTON 6-4900-255 3517 4000.00 STREET SWEEP I1/8/83 8-4908-255 3375 446.90 STREET SHEEP 11/15/83 18-4908-255 3394 268.14 11748 4715.04 MART #4432 JANITORIAL SUPPLIES C/H 0-4180-245 480210 38.48 11749 32.48 IRGIL LIVELY CROSS.GUARD 11/14-11/25 7-4910-250 97.52 L1750 97.52 OMA LINDA DISPOSAL TRASH PICK-UP 12/83 C/H 0-4180-245 36.40 TRASH PICK-UP 12/83 PARK 3-4430-245 36.40 11751 72.80 ICHAEL LUNA USE OF TRUCK 11/83,LUNA 10-4180-240 96.15 LOCAL MILEAGE,LUNA 10-4180-271 78.55 11752 174.70 ACIFIC TELEPHONE PHONE,il/14 C/H 10-4190-235 754.64 COMP.PHONE 11/7 10-4420-235 18.72 GRAND TERRACE n PAGE NO. DEMAND/WARRANT REGISTER NO 84-062 DATE 12/14/83 HER I. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNTCHG'D INV NO. AMOUNT NO. AMOUNT COMP.PHONE 11/7 1-4572-235 18.71 L1753 792.07 AINE WEBBER CASH FUND RETIRE.P/R END 11/18/83 0-2167-000 43.83 RETIRE.P/R END 11/18/83 0-4120-140 390.05 RETIRE.P/R END 11/18/83 0-4125-140 263.50 RETIRE.P/R END 11/18/83 0-4140-140 11-4572-140 1038.79 RETIRE.P/R END 11/18/83 0-4180-140 154.98 P/Y RAMSAY RETIREMENT 0-5140-140 614.15 RETIRE.P/R END 11/18/83 3-4430-140 126.98 RETIRE.P/R END 11/18/83 75.60 3881 2707.88 : ETRA ENTERPRISES BUS.LICENSE APPS.PRINTEO 0-4140-210 4402 90.13 1754 90.13 tOPLE HELPERS INC REC.SVCS.10/25-11/7/83 3-4430-250 1200.17 REC.SVCS.11/8-11/30/83 3-4430-250 699,96 L1755 1900.13 aN BOND CO CENTRAL CR UNION EMPLOYEE DEDUCT P/R 11/18 0-2165-000 1508,99 D3879 150r?.99 qN BERNARDINO,COUNTY OF OIL 0-4180-246 G048 39.80 BROOM 3-4430-245 G048 12.64 STREET SIGNS 6-4900-224 G048 162.03 BROOMS,SANDBAGS,RAIN GEAR 6-4900-220 G048 247.79 L1756 462.26 HERIFF FLOYD TIDWELL OVERTIME 7/1--10/31/83 0-4410-256 148.77 11757 148.77 AN BERNARDINO, COUNTY OF DUMP CHARGES 10/17-11/15/ 6-4900-253 342 28.80 DUMP CHARGES 10/17-11/15/ 8-4908-253 342 143.20 11758 172.00 ECURITY PACIFIC NATIONAL BA SAFEDEPOSIT BOX THRU 10-4190-220 53.00 11759 53,00 12/12/84 GRAND TERRACE PAGE NO. DEMAND/WARRANT REGISTER NO. 84-062 DATE 12/ 14/ 83 :HER 0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'0 INV NO. AMOUNT NO. AMOUNT 0. CALIF. EDISON COMPANY ELEC. C/H (1 BLDG.)11/10 0-4190-238 42.53 L1760 42.53 TATE COMPENSATION INS. CO. BAL DUE,OEPOSIT,12/1/83 0-4190-260 18133 1629.00 11761 1629.00 TATE COMPENSATION INS. CO. WORKERS COMP.12/82-12/83 0-4190-260 7422.71 23883 7422,71 TIGER SYSTEMS RENT STORAGE BIN 12/83 0-4110-240 22153 60.00 17622 60.00 HE SUN PUBLIC ANNOUNCMENT 10-4125-230 2045 8.07 117633 8.07 OSALIO VALENZUELA JR. LOCAL MILEAGE,ROSS 10-4180-271 40.75 11764 40.75 ERTICAL MANAGEMENT SYSTEMS PROCESS PARK.CITES 10/1-.10-4412-255 53011 159.50 11765 159.50 10/31/83 WESTERN EXTERMINATORS EXTERMINATE C/H 12/83 10-4180-245 5q4734 48.00 11766 48.00 ATTENBARGEOS OFFICE SUPPLY APPOINTMENT BOOK 10-4110-210 1266 11.24 CALENDARS (DESK) 10-4120-210 1266 9.42 CALENDARS (DESK) 10-4125-210 266 9.41 CALENDARS,STENO PADS 10-4140-210 1266 48.78 CALENDARS (DESK) 10-4180-210 1266 6.28 CALENDARS (DESK) 13-4430-210 1266 3.14 11767 88.27 DEEP STEAM CARPET CLEANERS CLEAN CARPETS, C/H 0-4180-245 3228 269.00 11768 269.00 I Date: 10- 3- 83 Sul AFF REPWT (:�o " C R A ITEM ( ) COUNCIL ITEM (XX) MEETING DATE: November 17, 1983 AGENDA ITEM NO. ,3 SUBJECT: AUTHORITY FOR STAFF TO RELEASE 12-29-83 CHECKS The length of time between the last Council Meeting in December {12-14-83), and the first Council Meeting in January.(1-12-84), is one month. The staff feels vendors should be paid on a timely basis. Staff proposes to pre- pare a check register on 12-29-83. The checks would be released on 12-29-83. The register then would be presented to Council at the 1-12-84 Meeting for approval. Staff Recommends Council: AUTHORIZE STAFF TO RELEASE CHECKS BASED ON A 12-29-83 CHECK REGISTER THAT WILL NOT BE APPROVED BY COUNCIL UNTIL 1-12-84. ERC;pt 0 Su, AFF REPQR C R A ITEM ( ) COUNCIL ITEM (XX) MEETING DATE: DECEMBER 14 — 1983 AGENDA ITEM NO. sic . SUBJECT: BAIL SCHEDULE TO ACCOMPANY LITTER CONTROL AND PROPERTY MAINTENANCE ORDINANCE Please find attached the resolution listing staff's recommended bail amounts for violations to the Litter Control and Property Maintenance Ordinance for Council's consideration. This resolution, once adopted by the City Council, must be submitted to the San Bernardino County Municipal Court for approval. Staff recommends that the Council: ADOPT RESOLUTION RESCINDING RESOLUTION NO. 79-39 AND SETTING BAIL FOR INFRACTIONS TO THE LITTER CONTROL AND PROPERTY MAINTENANCE ORDINANCE. TC:lo 4 CoENbING CITY OUNe<< APPRO RESOLUTION NO. 83- VA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 79-39 AND SETTING BAIL FOR INFRACTIONS TO THE LITTER CONTROL AND PROPERTY MAINTENANCE ORDINANCE. WHEREAS, it is the intent of the City Council of the City of Grand Terrace to set realistic penalties for infractions of the regulations established by the City's Litter Control and Property Maintenance Ordinance; and WHEREAS, bail is set to be consistent with the issuance of citations, the simplest possible enforcement system; NOW, THEREFORE, be it resolved by the City Council of the City of Grand Terrace as follows: SECTION 1. Rescission - Resolution No. 79-39 is hereby rescinded in its entirety. SECTION 2. Bail for violations of the City's Litter Control and Property Maintenance Ordinance shall be as follows: VIOLATION AMOUNT a. Litter by pedestrians & motorists $10.00 b. Dumpouts 25.00 c. Littering with handbills, leaflets, etc. 10.00 d. Failure to provide litter receptacles 10.00 e. Transporting loose materials without adequate covering 25.00 f. Lack of containers 25.00 g. Failure to clean loading/unloading areas 25.00 h. Accumulations of litter at construction/ demolition sites 25.00 i. Lack of containers at construction/ demolition sites 15.00 j. Inability to show proof of proper dis- position of construction/demolition debris 15.00 k. Improper household solid waste containerization 10.00 1. Improper disposal of household bulk 25.00 F m. Uncovered household containers n. Failure to replace defective household containers. o. Depositing household solid waste in sidewalk or other pedestrian litter receptacles p. Improper commercial solid waste containerization q. Uncovered commercial containers r. Failure to replace defective commercial containers s. Depositing commercial solid waste in sidewalk or other pedestrian receptacles t. Litter on private premises u. Litter on sidewalks and parkways v. Sweeping into streets or rights -of -way w. Abandoned buildings x. Unpainted buildings y. Broken windows z. Overgrown vegetation aa. Dead vegetation bb. Attractive nuisance cc. Discarded furniture dd. Clothesline ee. Garbage cans ff. Packing boxes gg. Neglect of premises hh. Maintenance of premises ii. Building exteriors jj. Detriment to neighboring properties - 2 - 10.00 $25.00 25.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 25.00 25.00 10.00 10.00 10.00 25.00 10.00 10.00 10.00 10.00 25.00 25.00 10.00 10.00 M F SECTION 3. Each and every day during which a stationary violation(s) continues, except in cases which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense. SECTION 4. Any and all persons guilty of an infraction shall pay the fine within 30 days or be declared delinquent and the fine doubled. Failure to pay within 90 days shall result in a tripling of the fine and filing of said amount as a tax lien against the property with the County of San Bernardino Assessors' Office. ADOPTED this 14th day of December, 1983. ATTEST: City Clerk of the City of Grand Terrace and of the City Council thereof. Approved as to form: City Attorney Mayor of the City of Grand Terrace and of the City Council thereof. - 3 - • Date _p�8 er 6, 1983 - T GGG `"` S AF R P C R A ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: December 14, 1983 AGENDA ITEM NO. SID SUBJECT: INSTALLATION OF STOP SIGN AT CITY CENTER COURT & MT. VERNON AVE. California Department of Forestry personnel, have requested,that the City of Grand Terrace consider installing a stop sign at City Center Court and Mt. Vernon Avenue. Staff has investigated this request, and has found that the request is valid. The installation of this sign could aid in the prevention of an accident at this intersection. The installation of this sign will stop westbound traffic on Citv Center Court at Mt. Vernon Avenue. Please see map. No '-funds are required. Staff Recommends that the Council: APPROVE THE INSTALLATION OF THIS STOP SIGN AND AUTHORIZE THE COMMUNITY SERVICES DEPARTMENTAL STAFF TO PERFORM THE;NECESSARY WORK. RLA UG Ulu LCC . / , 1 � 2_ 0. 006 STA F95;* C R A ITEM ( x) COUNCIL ITEM ( ) MEETING DATE: December 14, 1983 AGENDA ITEM NO. '`i c SUBJECT: Grant Deeds for Civic Center Attached you will find two grant deeds,one from Zampese-De Benedet to the City of Grand Terrace, the second is from the City of Grand Terrace to Zampese-De Benedet. Both are for ingress and egress on the properties adjacent to the proposed Civic Center site. Sometime ago the City Council approved an exchange of the easements, since they are of mutual benefit. Staff Recommends that: 1. THE CITY COUNCIL ACCEPT AN EASEMENT FROM ZAMPESE-DE BENEDET ON THEIR PROPERTY AND DIRECT THE CITY CLERK TO RECORD THE DOCUMENT. 2. THAT THE CITY COUNCIL GRANT AN EASEMENT OVER THE CITY'S PROPERTY AS DESCRIBED IN THE ATTACHED DOCUMENT, AUTHORIZE THE MAYOR TO SIGN THE DOCUMENT AND DIRECT THE CITY CLERK TO FORWARD THE EXECUTED DOCUMENT TO ZAMPESE- DE BENEDET. JK/lbk Attachments Order No. Escrow No. Loan No. 11 WHEN RECORDED MAIL TO: City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX S......-................_......-._....... ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax -- Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ZAMPESE and DE BENEDET, a Partnership hereby GRANT(S) to CITY OF GRAND TERRACE, a California Corporation, an EASEMENT for INGRESS, EGRESS over the real property in the City of Grand Terrace County of San Bernardino State of California, described as follows: A strip of land 10 feet in width, the westerly line thereof being described as follows: Commencing at the intersection of the South line of Barton Road (formerly Redlands - Riverside Road), as established by Deed to the County of San Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of said County, with the West line of Preston Street (formerly Stevenson Street) as said street was established by Deed to the County of San Bernardino recorded in Book 270 of Deeds, Page 213, Records of said County; thence Southwesterly 415.82 feet, more or less, along the said South line of Barton Road to the Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et ux by Deed recorded June 6, 1958 in Book 4525, Page 167, Official Records of said County; thence South 00 02' 00" West 259.93 feet; thence North 890 26' 30" East 118.59 feet; thence South 0° 02' 00" West 77 feet; thence South 890 26' 30" West 218.59 feet to the True Point of Beginning, said point being the Southwest corner of that certain parcel of land conveyed to Zampese and DeBenedet, a partnership, by Deed recorded April 2, 1964 in Book 6120, Page 230, Official Records of said County; thence North 0° 02' 00" East along the Westerly line of the land so conveyed to Zampese & De Benedet to the said South line of Barton Road. i t. i f STATE OF CALIFORNIA t COUNTY OF San Bernardino }SS. ti 111 �i On December 5, 1983 , before me, the undersigned, a Notary Public in and for said State, personally appeared William DeBenedet and Erminio Zampese personally known to me or proved to me on the basis of satisfactory evidence to be all of the partners of the partnership that executed the within Instrument, and acknowledged to me that such partnership executed the same. WITNESS m hand an official e I ` \ OFFICIA: c,EAL .` FR<,!: VVEL CH i (Seal) ,�� tdOT;f,r _ F,',.I;,t,l.'_ItORNIA � _ irll.f,"._f 'ICE IN i ----- — ."�� t---- ��•('; DI'< " L'JUN7y (Notary Public's Signature) + N��ur rn v^ri E�pi'P`• r•-t 1`. 1984 Oh'G7� b-NJ� U ps Partner-om, Nntariai Ack nuwleOQment a Order No Escrow No. Loan No. n] WHEN RECORDED MAIL TO: CITY CLERK City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX 5..................»...»......»............». ...... Computed on the consideration or value of properly conveyed; OR ...... Computed on the consideration or value lass liens or encumbrances remaining at time of sale. S gnature of Declarant or Agent tletarmin�np tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF GRAND TERRACE, a California Corporation hereby GRANT(S) to ZAMPESE and DE BENEDET, a Partnership, an EASEMENT for INGRESS, EGRESS over the real property in the City of Grand Terrace County of San Bernardino follows: Dated , State of California, described as A strip of land 11 feet in width, the Easterly line thereof being described as follows: Commencing at the intersection of the South line of Barton Road (formerly Redlands - Riverside Road), as established by Deed to the County of San Bernardino recorded May 18, 1932 in Book 795, Page 89 of Official Records of said County, with the West line of Preston Street (formerly Stevenson Street) as said street was established by Deed to the County of San Bernardino recorded in Book 270 of Deeds, Page 213, Records of said County; thence Southwesterly 415.82 feet, more or less, along the said South line of Barton Road to the Northwest corner of that certain parcel of land conveyed to Leslie H. Henson et ux by Deed recorded June 6, 1958 in Book 4525,'Page 167, Official Records of said County; thence South 0° 02' 00" West 259.93 feet; thence North 89° 26' 30" East 118.59 feet, thence South 0° 02' 00" West 77 feet; thence South 890 26' 30" West 218.59 feet to the True Point of Beginning, said point being the Southwest corner of that certain parcel of land conveyed to Zampese and DeBenedet, a partnership, by Deed recorded April 2, 1964 in Book 6120, Page 230, Official Records of said County; thence North 0° 02' 00" East along the Westerly line of the land so conveyed to Zampese & DeBenedet to the said South line of Barton Road. STATE OF CALIFORNIA J COUNTY OF J u 1 ' 1 On_ before me, the undersigned, a Notary Public in and for said State, personally appeared known tome to be the person .__ whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal Signature _._ _ (Thr- we., it,, ofla ., nn Lanai sael) 1002(10/69) ""^.IL TTFMFNTS A, f)IRECTFI) AR(�VF Date: Dec. 7, 1983 12-8.3028 SM STNFF REPOINT C R A ITEM ( ) COUNCIL ITEM (x ) MEETING DATE: December 14, 1983 AGENDA ITEM NO. SUBJECT: Appeal, Request for Sign, 22365 Barton Road, Mr. Irwin Jaeger At the regular meeting of December 1, 1983, the City Council set a public hearing on an appeal for a sign proposed by Mr. Jaeger for the Traveler's Building. The background information for the proposed sign which is attached hereto is the following: 1. A staff report to the Planning Commission dated November 7, 1983, along with the attachments that were submitted to the Planning Commission. 2. A plan for the proposed sign. 3. A site plan indicating the location of the proposed sign. 4. Planning Commission minutes dated November 7, 1983, indicating the actions taken by the Planning Commission on this request. Staff recommends that the City Council: CONSIDER THE INFORMATION PRESENTED DURING THE PUBLIC HEARING PRIOR TO MAKING A SPECIFIC DETERMINATION ON THIS APPEAL. JK/lbk Attachments 21 n Grand Terrace Planning Commission Minutes of Regular Meeting November 7, 1983 The regular meeting of the Grand Terrace Planning Commission was called to order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California on November 7, 1983 at 7:00 p.m. by Chairman Sanford L. Collins. PRESENT: Sanford L. Collins, Chairman John McDowell, Vice Chairman Norm Caouette, Commissioner Gerald Cole, Commissioner Jerry Hawkinson, Commissioner Ray Munson, Commissioner William De Benedet, Commissioner Tim D. Seriet, Planning Staff ABSENT: Winifred Bartel, Commissioner (Excused) Vern Andress, Commissioner (Excused) PLEDGE OF ALLEGIANCE: Ledby Jerry Hawkinson MINUTES: Motion by Commissioner De Benedet, seconded by PCM, 83-63 Commissioner Munson, passed by 6-0 vote to approve the minutes of October 3, 1983, as submitted. Commis- sioner McDowell abstained from voting. PCM 83-64 Motion by Vice Chairman McDowell, seconded by Commissioner De Benedet, and passed by a 7-0 vote to approve the minutes of the joint meeting with the City Council on September 8; 1983, as submitted. NEW BUSINESS Item No. 2 SA 83-4, 15 Lots of Record, Tract 9482 Mr. Tim D. Serlet, Planning staff, presented the staff report. The Planning Commission had no questions for the staff and Chairman Collins requested the applicant to address the Commission. Mr. Carl Keller, project manager for Griffin Homes, explained the project and invited questions from the Commission. Chairman Collins asked who the 100 foot easement was in favor of. Mr. Keller responded that the easement was in favor of the State of California Department of Water Resources. Page 1 of 3 n] Commissioner De Benedet inquired about the maintenance of the easement and the amount of overhang on the houses. Mr. Keller responded that the individual property owners would be responsible for maintaining that portion of the easement on their property. He also stated that the overhang on the proposed houses was larger than on the houses they presently have under construction in the City of Grand Terrace. Commissioner McDowell questioned the roofing material. Mr. Keller stated that it would be barrel tile. Chairman Collins opened and closed the public hearing with no one speaking for or against the project. PCM 83-65 Motion by Commissioner Caouette, seconded by Commissioner Hawkinson, and passed by a 7-0 vote to approve the site and architectural develop- ment plan 83-4, including the findings as written in the staff report and subject to the conditions recommended by staff. Item No. 3 Site and Architectural Review 83-5, Honey Hills Reservoir Mr. Tim D. Serlet, Planning staff, presented the staff report. The -Planning Commission questioned the staff in regards to the existing slopes. The staff responded that with the exception of the pad area, the surrounding slopes were very steep. Commissioners De Benedet and Munson questioned Mr. Dale Griffin, the applicant, as to why they were replacing the old tank and how the water system would work in the interim. Mr. Griffin responded that the new tank will help serve the new homes in Tracts 9772 and 9773. Mr. Griffin also responded that his contractor will provide an interim pressure vessel to insure adequate pressure during construction. The Planning_ Commission then requested the staff to address the access to the site and the height of the tank. Staff responded that the new tank is 8 feet higher than the old one and that the developer will need to provide permanent access. Commissioner De Benedet requested the developer to give consideration to Italian Cypress trees as part of the landscaping plan. Commissioner Munson asked the developer how long the construction would take. Mr. Keller, Mr. Griffin's representative, expected a construction time of 90 days. Chairman Collins opened and closed the public hearing with no one speaking for or against the project. Page 2 of 3 Minutes of Planning Commission November 7, 1983 Grand Terrace PCM 83-66 %lotion by Commissioner Munson, seconded by Commissioner McDowell, and passed by a 7-0 vote to adopt the negative declaration and approve site and architectural development plan SA 83-5, including the findings as written in the staff report and the conditions recommended by staff, subject to ratification of the negative declaration by the City Council. Item No. Variance for Sign Permit at 22365 Barton Road Mr. Serlet, Planning staff, presented the staff report at the request of Chairman Collins. Chairman Collins requested the staff recommendation. Staff recommended denial of the variance. Chairman Collins requested the applicant to address the Commission. Mr. Bim Beckman, the building manager leasing agent, addressed the Commission. Mr. Beckman felt the sign was necessary to provide all his tenants with adequate signage. Mr. Robert Keeney gave a brief history of the problems he encountered with sianing when he owned the building in question. Mr. David Ter Best, tenant at 22365 Barton Road, spoke in favor of granting the variance. The Planning Commission discussed the variance request and sign ordinance amonq themselves. PCM 83-67 Motion by Commissioner Cole, seconded by Commissioner Caouette, and passed by a 4-3 vote to reject the earl- ance from Chapter 23 of Ordinance 57 for a sign at. 22365 Barton Road. Chairman Collins, Vice -Chairman McDowell and ,. Commissioner Hawkinson voted against the motion.VIE ••r.,F.'c�-"a,,.3 s:,. a...x•. .:.r n, ,;s 'y alb .ei., n. . Adjournment Chairman Collins adjourned the meeting at 8:02 p.m. �Respectf y submitted by: Joseph 'Uak, Planning Director Page 3 of 3 Minutes of Planning Commission November 7, 1983 Grand Terrace Approved: � Sanfo/6 L. Collins, Chairman STAFF REPORT 12-8.3028 November 3, 1983 PLANNING COMMISSION MEETING DATE:November 7, 1983 FROM: Planning Department AGENDA ITEM NUMBER: 4 SUBJECT: Variance for Sign Permit at 22365 Barton Road - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLICANT: Grand Terrace Professional Plaza/ Mr. Irwin J. Jaeger 22365 Barton Road Grand Terrace, CA 92324 OWNER: Mr. Irwin J. Jaeger Post Office Box 67736 Los Angeles, CA 90067 ASSESSOR'S PARCEL NO. 277-032-68 GENERAL PLAN DESIGNATION: General Commercial ZONING: C-2,General Business REQUEST: Mr. Irwin Jaeger, owner of Grand Terrace Professional Plaza, at 22365 Barton Road is requesting a variance from the requirements for the construction of a monument sign at 22365 Barton Road. STAFF ANALYSIS: Mr. Jaeger originally applied to the Planning Director for a sign permit to construct a monu- ment sign at the entrance to the office building at 22365 Barton Road. A sign plan and plot plan showing the proposed sign location are attached. Subsequently, after a careful review of Section 23.210 C of Chapter 23 "Signs" of Ordinance 57, the Zone Ordinance for the City of Grand Terrace, the Planning Director denied the request for the sign as proposed. (Denial letter attached.) The requirement for business identification signs involving multiple professional tenants is given below. Class Business ident- ification (Multiple prof. tenants). Remarks: Sign Maximum Type Number Wall Two (2) per building and Maximum Sign Area 10% of the face of the structure where sign is to be placed, not to exceed 150 sq. ft. Monument One (1) per 24 sq. ft. complex/property Directory Three (3) per 12 sq. ft. building Maximum Height Not to project above the roof nor be higher than 20 ft. above finished grade. up to 3 feet. • Not to exceed 3 feet above finished grade. 1. Wall signs shall be limited to building identification only, no tenant identification. 2. Monument signs shall be limited to identifying the name of the professional complex. 3. Directory signs shall be placed on the wall at main entrance and shall be limited to listing the tenants name and suite number. A comparison of the proposed sign and the requirements of section 23.210 C yield the following results. Chapter 23/Ord. 57 Proposed Sign Maximum sign area 24 sq. ft. — 120 sq. ft. • Maximum height 3 feet 12 feet • Tenant identification Limited to identifying Identifies the name of the profes- individual sional complex tenants The Planning Commission may grant a variance under Chapter 24 "Variances," of the Zone Ordinance by making the following findings: A. The strict application of the provisions of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance shall be conditioned, if necessary, to prevent the granting of a special privilege inconsistent with the limitations on other property in the vicinity and under identical zoning classifications, and; B. The proposed variance will be consistent with the latest adopted General Plan, and; C. The proposed variance does not allow any land use which is not in conformity with the use regulations specified for the district in which the land is located, and; D. Conditions necessary to secure the purposes of this Section, including guarantees and evidence of compliance with conditions, are made part of the variance approval. TDS/lbk e IRWIN J. JAEGER PO BOX 67736 LOS ANGELES, CALIFORNIA 90067 (213) 202 MW 28 October 1983 Joseph Kicak Planning Director City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324-5295 RE: Denial of Application for Sign Permit at 22365 Barton Rd, Grand Terrace Dear Mr. Kicak: Thank you for your letter of October 21, 1983. It is my opinion that the placement of the monument sign, as detailed in our original application, would in no way be deterimental to the public interest, nor display favoritism with respect to other sign users. My essential point is that the size of the building requires a sign of these dimensions, both to provide tenant visibility and to be in proportion with the structure. One of the minor but significant consid- erations for many tenants is that they can be located from the roadway, both by those who are seeking the tenants and by those who might be in the future. As to proportion, I will leave this matter of scale to the esthetics of each reviewer. For anyone who might comment that the building itself could stand as its own signage, I would add that we believe our extensive plantings will greatly reduce such visibility in the near future. Cord ally, Jamds 'Bim' Beckman/Ph.D. for, Irwin J. Jaeger Building Manager Owner JBB:pb October 21, 1983 Mr. Irwin J. Jaeger Post Office Box 67736 Los Angeles, CA 90067 '+UGH J GRANT Mayor j1M RIGLEY Mayor Pro Tani COUACH MavnDwf TONY PETTA ROY W. NIX BARSARA PFENNIGMAUSEN SETM ARMSTEAO City Mans9w MYRNA ERWAY City C1** EOWARO R. CLARK F:nanca d AOmimatralhl sanrca, O/bcm 12-8.3028 RE: Application for a Sign Permit at 22365 Barton Road, Grand Terrace Dear Mr. Jaeger: This letter constitutes denial of your application, submitted October 20, 1983, for a sign permit at 22365 Barton Road. Chapter 23, of Grand Terrace Ordinance Number 57 "Zone Ordinance," states the requirement for signs in the C-2 zone. "An application for variance from the strict application of the terms of this title may be made in writing by owners of the property, or lessee, purchaser in escrow. The application shall be accompanied by: " A. Twenty (20) sets of a plot plan drawn to scale, showing the location of the property, boundaries and improvements proposed, all dimensioned; "B. Fee established by the City Council by resolution; "C. A plan of the details of the variance requested and evidence showing that all of the following conditions apply: 11(1) That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege incosistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; "(2) That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and identical zone classification. 22795 BARTON ROAD CITY MANAGER - CfTY CLERK (714) 824-6621 GRAND TERRACE. CA 92324-5295 FINANCE - COMMUNITY SERVICES (7141 824-7-27R 4) Mr. Irwin J. Jaeger October 21, 1983 -2- "D Two (2) lists of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application. Such list shall be typed in duplicate upon gummed labels ready for mailing and shall be accompanied by a location map. "A public hearing shall be held within forty-five (45) days after the filing of the application. At least ten (10) days prior to the public hearing the Planning Commission shall cause notices of the time and place of such hearing to be mailed to all property owners named in the list which is required with the Planning Commission by the applicant. Failure of any property owners to receive such notice shall not affect the validity of the hearing." If you have any questions, do not hesitate to call our office. Very truly yours, e-1.4-vz A!9. Tim D. Serl for JOSEPH KICAK Planning Director TDS/lbk Dec. 11, 9182 ' 12-8.3032 S TIQ I FF E0 C R A ITEM ( ) COUNCIL ITEM (x ) MEETING DATE: December 14, 1983 AGENDA ITEM .NO. X ,q SUBJECT: Planning Commission Determination of Use - Appeal In accordance with the provisions of Chapter 22, Ordinance 57 the Zoning Ordinance of the City of Grand Terrace, the Planning Commision was requested to make a determination of use in C-2/CPD for miniwarehouses. This matter was presented to the Planning Commission at their regular meeting of December 5, 1983. A copy of the staff report presented to the Planning Commisson is attached hereto. After deliberation the Planning Commisson did on December 5, 1983 make a determination that miniwarehouses are an allowable use within C-2/CPD Zone. The code requires that the City Council be notified within 15 days of such determination by the Planning Commission. In addition the code provides for a right to appeal determination of the Planning Commission. On December 9, 1983 we received a letter from a resident appealing the determination of the Planning Commission. Therefore, a public hearing on this matter needs to be scheduled. Staff recommends that: THE CITY COUNCIL SCHEDULE A PUBLIC HEARING ON PLANNING COMMISSION DETERMINATION FOR JANUARY 12, 1984. JK:dlk L:.,. 9, lgg 3 To: Mayor HUGH J. GRANT and CGUNCIL Info: Seth Armstead, City Manager It r ' f ! V ;_ I City of Grand Terrace 22795 Baton Road l�t� Grand Terrace, Ca. 92324 4'�A, GRAND T.ERRAGF Dear Mayor Grant, City Manager and Planning Director: I wish to appeal to the CITY COUNCIL an action by the PLANNING C01/211ISSION at their regular meeting of Dec. 5, 1983 regarding the determination of use in C-2-CPD At that meeting the PLANNING COMMISSION determined that MINI-;'JAREHOUSES are permitted use in that ZONE, subject to CONDITIC.VAL USE PERMIT. I feel that permitting such use in C-2 ZONE is contrary to good city planning and detrimental to future potential per- mitted use in that ZONE. I feel that MINI-17AREHOUSES should only permitted in M-ZONE witha CONDITIONAL USE PERMIT. I am requesting that CITY COU14CIL place a moratorium on this until a public hearing on this matter can be held after the General Plan has been heard and approved. Very truly yours, rr✓�.i. 'rnie Zam e 22799 Barton Road Grand Tcrrace, Ca. 52'J24 STA F F REPORT PLANNING COMMISSION MEETING DATE: December 5, 1953 FROM: PLANNING DEPARTMENT AGENDA ITEM NUMBER: 3 SUBJECT: DETERMINATION OF USE, MINIWAREHOUSES IN THE C-1 AND C-2 (CPD) ZONES Mr. John S. Blick of Sto-A-Way, Inc. has requested (letter attached) the Planning Commission to make a determination on allowing miniwarehouses in a C-2 and a C-2 (CPD) Zone. The City's current Zoning Ordinance, Ordinance 57, address storage areas in the M-R, "Restricted Manufacture District," and the M-2, "Industrial District." The uses listed below are the permitted use in the "M-R" Zone subject to obtaining a Conditional Use Permit. The storage question is addressed under items E and I. The M-R Zone does not specify any specific use without a Conditional Use Permit. 12.050 Uses permitted subject to obtaining a use permit. All of the following uses either singly or in combination are permitted in the "M-R" district with a use permit: A. Agricultural products (sales, storage, and processing); B. Animal hospitals (completely within a building, including runs); C. Bakery and confectionery, sales, storage, processing; D. Bicycle shops, sales and repairs; E. Building materials, retail, wholesale, light assembly, and storage (all open storage areas to be enclosed by a six (6) foot high solid masonry wall); F. Cabinet shops; G. Cleaners and dyers with supporting facilities; H. Frozen food lockers; N -1- n I. Contractors' yards (all open storage areas to be enclosed by a six (6) foot high solid masonry wall); J. Cosmetic goods, toiletries and pharmaceutical supplies, manufacturing, storage, distribution and sales; K. Electrical appliances and power tools, sales, assembly and repairs; L. Equipment rental services (all open storage areas to be enclosed by a six (6) foot high solid masonry wall); M. Fabrication from the following: shell, cellophane, cork, fiber, fur, glass, leather (finished), gems, paint (mixing only), plastics, rubber (finished), textiles, tobacco, wood; N. Furniture, indoor and outdoor-, manufacture and sales; 0. Greenhouses and nurseries wholesale and retail; P. Machine shops (completely within a building and limited to three (3) horsepower electric motors, excluding drop hammers or automatic screw machines or punch presses); Q. New and used car sales lots; R. Picture framing and glazing; S. Plumbing shops; T. Precision instrument manufacturing; U. Printing, blueprinting, and reprodcution establishments; V. Off -premise sales liquor; W. Public utility buildings and uses; X. Restaurants including on -premises consumption of alcholic beaverages in connection with the restaurant; Y. Mechanical auto wash; Z. Accessory buildings and uses appurtenant to any permitted uses; AA. Other uses similar in character, when determined by the Planning Commission to be similar in use and generate no more traffic, noise, odor or dust. Similarly, the uses listed below are the permitted uses and uses subject to -2- obtaining a Conditional Use Permit in the M-2 Zone. 13.020 Permitted uses. Uses permitted in the "M-2" district shall be as follows: A. Wholesale stores or storage, service establishments; B. Light industrial and manufacturing uses; C. Public utility uses, except storage of gas; D. And any other uses, which in the opinion of the Planning Commission are of a similar nature. 13.030 Uses permitted subject to obtaining a use permit. Uses permitted subject to obtaining a use permit in the "M-2" district shall be as follows: Subject to the conditions of this zone, any manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, fabrication, research or treatment of products may be conducted, other than those which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation, or other similar causes detrimental to the public health, safety or general welfare, including but not limited to the following specific uses: A. Ambulance service firm; B. Architectural, engineering, research and testing firms and laboratories; C. Auto trailer, camper and mobile home manufacture; D. Bakery, wholesale; E. Battery manufacture; F. Boat building; G. Bottling plant; H. Brewery; I. Cabinet shop; J. Carpet cleaning plant; K. Ceramic products manufacture (using only previously pulverized clay); -3- L. Cleaning and dyeing plant; M. Dairy products processing; N. Electrical, electronic or electromechanical machinery manufacture; 0. Food products processing, manufacturing, canning, preserving and freezing; P. Furniture manufacture, upholstering, refinishing; Q. Garment manufacture; R. Hospital or medical clinic, industrial; S. Laundry, industrial; T. Machine shop; U. Mail order firm; V. Metal plating; W. Metalworking, fabrication or welding firm; X. Motion picture studios, laboratories and film processing; Y. Newspaper establishments; Z. Paint mixing; AA. Paper, fabrication from; BB. Photoengraving, photocopy, photoprocessing, blueprinting and printing establishments; CC. DD. Plastic, fabrication from; EE. Prefabrication of products from finished rubber; FF. Sheet metal shop; GG. Shoe manufacture; HH. Sign manufacture; II. Soap manufacture; -4- M JJ. Telephone exchange, studios, offices and equipment buildings; KK. Textile manufacture; LL. Tire rebuilding, recapping and retreading; MM. Training center, Industrial: NN. Wholesale business, storage buildings and warehouses; 00. Woodworking shop In addition to reviewing Ordinance 57, the staff polled the following agencies to determine their zoining for miniwarehouses. The findings are listed below. County of San Bernardino: City of San Bernardino: City of Riverside: Loma Linda: Redlands: Allowable use in C-2 with C.U.P. Allowable use in M-1 with approval of Director of Bldg. & Safety. Allowable in Industrial Zones Allowable in C-3A with C.U.P. Allowable in M-1 and M-2 Allowable in C-3 with C.U.P. Allowable in C-M Zone Prohibited in C-1 & C-2 Zones Allowable in Industrial Zones Prohibited in Commercial/Retail Dist. C-M = Commercial, manufacturing uses such as lumber yards C-3 = Similiar to C-M The following alternatives are available to the Planning Commission: 1. Specify miniwarehouses as an allowable use in the C-2 and c-2 (CPD) Zones. 2. Specify miniwarehouses an allowable use with a Conditional Use Permit in the C-2 and C-2 (CPD) Zones. 3. specify miniwarehouses as a permitted use in the M-2 Zone. 4. Specify miniwarehouses as a permitted use in the M-2 zone with a Conditional Use Permit. - 5- 5. Specify miniwarehouses as a permitted use in the kk1-R Zone with a Conditional Use Permit. 6. Define "miniwarehouses" as equivalent to an already specified use in the Zoning Code. Staff Reccommends: THAT MINIWAREHOUSES BE A PERMITTED USE IN THE M-2 ZONE, A PERMITTTED USE IN THE M-R ZONE SUBJECT TO A CONDITIONAL USE PERMIT, AND A PROHIBITED USE IN ALL OTHER ZONES. JK/TDS/dlk WE STO-A-WAY, INC. 2245 Laguna Canyon Road Laguna Beach, California 92651 (714) 494-8018 November 4, 1983 Joseph Kicak Kicak and Associates 22365 Barton Road Suite 110 Grand Terrace, California 92324 Dear Mr. Kicak, I would like to take this time to thank you and Tim Serlet for meeting with Dan Fitzpatrick, Dennis Cardoza and myself earlier today regarding the development of the Commercial Way property. Pursuant to our discussions we would like to ask for a formal determination as to the allowability of developing a portion of the property in the C-2 zone for a miniwarehouse complex. Also, we would like to know the extent of improvements required if we develop only a part of the overall property, let us say, only two of the three parcels. The contemplated use and development of the property at this time hinges on the feasibility of developing a miniwarehouse to carry the property until a later contemplated commercial development. This use would allow us to generate immediate cash flow from the property, a matter which of course would generate immediate revenues for the city as well. -1- kid Please let me know if there is any additional information we can supply at this time to aid in obtaining an answer regarding this proposed use in the C-2 area. Kind regard O WAY, INC. John St Blick, III JSB/ss -2- DEC 141983 COUNCIL AGENDA ITEM 4MB(1) No ( ) If so, Ill _ ' _ -/--, -- /'s // - C I T Y OF GRAND TEP.RACE APPLICATION FOR CITIZEN SERVICE AS A MEMBER OF ��(1 S ��Y� ��C�EiQ Z/�'�/ �iyliyli«�,C r ' it ou25W r NAME ZO a/S �i¢ ��Z ADDRESS PHONE OCCUPATION &d �%� D��"C � ��%� ,t%fu,1441ee EDUCATION: (list highest year completed and all degrees) e) 6 llz� � e- i Are there any workday eveninas you could not meet? Yes (� please list. Zy/ Why are you interested in this position: What do you consider to REFERENCES:��"'�'� �2�vxo 2. J1,&7 //,d�U z 2 :>-S 3 {�,�v b',u,�,v �iolT JE,zey kwJ W x 2-b 84- FAIR- 6..a,�� „� r� h� �Z y- Z . -e Please attach a written statement containing any additional infor+,iation you feel would be useful to the City Louncll. �inutes of tLece^�r nth :�lceting t ' he COUNCIL AGEA 1TEM ;g G O The meeting was called to order by Chairman Barbara Mathews at 7 PM at the Red Carpet Realty Conference Room. Those present were Ann Petta, Hannah La ister, Barbara Bayus, Irene Mason, Betty Duarte and Barbara Mathews. Minutes of the November meeting were read and approved. Treasurer Betty Duarte reported that $162 was received from the Lions Club for food sold at the Country Fair. A letter of thanks will be sent to them. Interviews: Ann has been making calls and response has been good on new people for her to interview. A letter will be sent to Koleta Green requesting that she return the tape she has. Newspapers: Barbara Mathews made a motion which was seconded and approved to use the $162.00 we received from the Lions Club to help pay for the old newspapers we have which we will have bound. City Flag: The committee agreed that the flag should be two-sided and that the 3" border should be retained on the grommet side and a 1" border be silked screened on the remainder of the flag. Review on Fair: All agreed that there should be more food in the future. Ann has been calling the participants and getting their comments and suggestions. She will have a full report in January. Packing House: The Committee would like Staff to find out who the actual owner of the Packing House on Barton Rosd is and if the property is valuable. Theater: A letter from the City Council was sent to Bob Magnuson clearly stating the cultural activities and function of this Committee and that of the Theater Group. The letter was read to the committee. Terms of Office: The City Council has agreed that as long as people were not waiting to get on the committee, terms of office would be flexible. - New Business: Spring Fair or Hobby Show: It was agreed that we would hold only one fair per year and enlarge on the Country Fair thema in the fall. More discussion will follow on this item. City History: Ann and Barbara will get together on this as it must be ready for January 1984. A request was received from the County Arts League on what our objectives and goals for the future are. Barbara will take care of this. DEC $ L483 Members of the committee have been invited to the City ChristmisSiry, to be held I�_-cember IIth at Norton Air Force Base. We Nkill also be presentnAr,r) TER�k.t at th_--roundbreal'in, ceremony for the new Civic Center t�-ntativel\' to be held at �, 3r1i AM N\,_- ins sdn, December l-i th. December S, 1983 Page 42 Secretary Hannah Laister will find out if a letter has gone out to Art Thiede from the Council and if a vacancy has been announced. The next meeting will be held on January 9th due to the holiday. The meeting was adjourned at 8 PM. Respectfully submitted, Hannah Laister, Secreta ry December b, 1983 Mrs. Koleta Green, 22819 DeBerry Street, Grand Terrace, Ca. 92324 Dear Koleta: The I listorical & Cultural Activities Committee of the City of Grand Terrace is asking that you return the tape you have for auditing as soon as possible. Thank you. Sincerely, 1 Hannah La ister, Secreta ry QE C g ,CP;ire Tom.. .. December 6, 1983 Grand Terrace Lions Club, , Community Center, i Barton Road, Grand Terrace, Ca. 92324 Gentlemen: The historical S Cultpral Activities Committee of the City of Grand Terrace want to thank you for your generous donation of $162, 00. we will use this money on the binding of some old newspapers we have which will later be put on display. Thank you again. Sincerely, Ila. nnah Laister, Secreta ry its : , it, I 0 E C 8 LqLG . , r OF GRAND TERRAta TO: GRAND TERRME CITY COUNCIL FROM: CRIME PREVENTION COMMITTEE SUBJECT: MINUTES OF OCTOBER 17. 1983 MEETING Members Present: GARY CARNES (Acting Chairman) JOE RAMOS JIM HODDER Visitors Present: SUSAN CRAWFORD RANDY AHSTEIN The meeting was called to order at 7:05 P.M. The minutes for the meeting of September 13, 1983 were read and approved. Susan Crawford's application for Committee membership was unanimously approved. The City Attorney, Ivan Hopkins advised that 11s. Crawford's appointment would pose no conflict of interests problem. Harold Larkins' "Proposal for Police Services" is under consideration by the Committee. This proposal is still under review and the Committee is awaiting further inputs at its next meeting. The Committee voted to set up an information and recruiting table at the Old Fashion Fair on November 5, 1983. Committee members will provide coverage from 9 A.M. to 4 P.M. The Committee also voted to recommend to City Council that the voting membership of the Committee be reduced from 10 members to 5 members and 2 alternates. The present Committee voting membership is 5 members and this is insufficient to constitute a quorum of six needed to conduct business in accordance with parliamentary procedure. The meeting was adjourned at 8:30 P.M. The next meeting was scheduled for November 7, 1983. Respec f lly submitted, OE RAMOS Secretary it1,, 4 ,II. -f " r OF GRAND TFRRACL TO: GRAND TERRACE CITY COUNCIL FROM: CRIME PREVENT IONVi,24ITTEE Aqbk DATE: November 21, 1983 to The meeting was called to order at 7:06 P.M. by Joe Ramos. Members Present: Joe Ramos Jim Hodder Susan Crawford Visitors Present: Joe Frink Bill Thurlow Minutes of the November 7 meeting were read and approved. Joe announced that Susan was appointed a member to this committee as of the last council meeting on November 10. She is filling a vacancy which expires June 30, 1984. Jim Hodder moved that Susan's analysis of Mr. Larkin's proposal be sent to City Council with a recommendation that Grand Terracy not acquire its own Police Department since we can find no evidence that indicates services of the caliber currently provided by the Sheriff's Department could be realized for the same cost. The motion was seconded by Joe Ramos and passed. Deputy Bill Thurlow briefed the committee on the latest programs and services available from the Sheriff's Department. He will provide a list of these services to the committee. Bill also said he needs approximately 2 weeks lead time for scheduling programs. Susan has contacted 4 of the 6 people who had signed up for Neighborhood Watch presentations, and all of these people will plan for holding their programs after the holidays. We obtained a renewal request from the "WE TIP" organization. The amount for our size of city would be $1,000.00. Joe read a letter from Mr. David Driskill who held a Neighborhood Watch meeting given by Bill Thurlow on October 27th. His group would like a Neighborhood Watch sign at the end of Flamingo. Jim will contact Randy and see how many signs we have. Randy also gave the committee a map on which to denote sign locations. This will be done at the next meeting. The meeting was adjourned at 8:07 P.M. The next regular meeting will be at 7:00 P.M. on December 5, 1983. f I ° uF r,RANG i LttRA,-:j spect lly submitted, e Ramos ecretary STAFF REP C R A ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: Decemberl4, 1983 AGENDA ITEM NO. SUBJECT: Community Center Restrooms Contract Award GTB 83-06-01 De 12.256 Sometime ago, the City Council authorized calling for bids for the rest - rooms at the Community Center. The first time we requested bids, we only received one proposal and it was considerably in access of the Engineer's estimate of $14,500. The City Council authorized rebidding and on December 5, four bids were received for this project. The following is the result of the bids: Harris & Pearce, General Contractors, La Habra, CA $15,200.00 Steve Pandza Construction, Norco, CA 15,750.00 R & R General Contractors, Chino, CA 17,717.90 Stanley E. Nelson, Contractors, San Bernardino, CA 17,837.00 The two low bidders, specifically Harris & Pearce and Pandza Construction, did not fully comply in filling out the bid documents. In one case, Harris & Pearce, the contractor neglected to put in unit prices on those items where quantity was greater than one. However, in our discussion with the contractor, he said that the line item amount is the total amount, regardless of the quantities required. And further, that he would furnish us the unit prices from the spread sheet which would indicate the unit cost and these would not exceed the total line item costs. In the case of the second contractor, Pandza Construction, he provided us with unit prices, however, an error in the extension of the unit prices and an error in addition indicate that the total contract price was higher than that of Harris & Pearce and that which he thought he was submitting. In our discussion with the City Attorney, he advises that the award to Harris & Pearce would be appropriate, subject to the conditions stated above. Staff recommends that the City Council: AWARD THE CONTRACT TO HARRIS & PEARCE CONTRACTORS IN THE AMOUNT OF $15,200, SUBJECT TO RECEIVING THE INFORMATION DESCRIBED ABOVE AND THE APPROVAL OF THE AWARD BY THE SAN BERNARDINO COUNTY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. APPROVE TRANSFER OF FUNDS AS PER ATTACHED EXHIBIT "A". JK/lbk % attachment n EXHIBIT "A" Funding Source CDBG funds Total CDBG Grant Funds Less Community Center Restrooms Balance CDBG Community Center Parking Lot Current Budget Community Center Construction Engineering Balance Needed $6,450.00 $ 31,905 15,200 $ 16,705 Budgeted Needed 10,000 15,200 1,500 2,750 $11,500 $17,950 Transfer from Account 10-4593-255 to Account 10-4592-255 $5,200.00 to cover the costs of construction of the proposed interior community center improve- ments. Transfer from Account 10-4593-600 to Account 10-4592-600 $1,250.00 to cover the cost of plans, specifications and inspection of the project. EXHIBIT "B" For Information Only Community Center Parking Lot Source of Funds Balance CDBG $16,705 Total Estimated Costs Interior - Community Center $17,950 Parking Lot - Community Center 39,000 $56,950 Funds Budgeted 46,500 Estimated Additional Funding Needed to complete Parking Lot $10,450 No action requested at this time. Will be requested after the bids are received for the parking lot. JK/lbk Dec. 7,019983 ST�AFF REPCQT '6 C R A ITEM ( ) COUNCIL ITEM ( X) MEETING DATE: December 14, 1983 AGENDA ITEM .NO. _�y SUBJECT: Request from Dale Chilson, 22442 Pico St., Grand Terrace Attached you will find a request received in this office on December 7, 1983, from Dale Chilson at 22442 Pico Street to waive the provisions of Ordinance 44, requiring improvements, to include curb, gutter, sidewalk and paving, along the frontage of his parcel on Pico Street. The requirements are a result of a recent application for an addition to the existing structure. Sometime ago, the City Council had authorized the staff to prepare improvement plans and proceed with the_ construction of the curb and gutter in that general area. You may recall, that as a result of the petition by the affected property owner, the project was'abandoned. The petition, at that time, stated that the property owners on the northerly side of Pico, westerly of Mt. Vernon do not desire to have the curbs and gutters installed along the frontage of their property. In reviewing the field conditions, it would appear that the installation of the curb and gutter along the single frontage would not be of benefit to the property owner or the general public. In addition, it must be recognized that the City is in the process of updating the general plan. The circulation element of that general plan indicates that, if adopted, the street width on Pico Street would be increased. Therefore, the installation of these improvements to current general plan, if the new general plan is adopted as proposed, would not fit the ultimate improvements. The staff recommends that: THE CITY COUNCIL AUTHORIZE THE WAIVER OF THE IMPROVEMENTS AS STATED ABOVE AT THIS TIME; HOWEVER, REQUIRE THAT THE PROPERTY OWNER SIGN AN AGREEMENT TO INSTALL THESE IMPROVEMENTS, OR PARTICIPATE TO THE EXTENT OF THEIR FAIR SHARE OF SUCH IMPROVEMENTS, IF, WITHIN 5 YEARS FROM THIS DATE A PROJECT FOR SUCH IMPROVEMENTS IS CONSIDERED WITHIN THE WHOLE BLOCK AREA. JK:dlk ate: 12/1 /83 StTAFF REPQRT CD C R A ITEM ( ) COUNCIL ITEM (XX) MEETING DATE: DECEMBER 14, 1983 AGENDA ITEM NO. SUBJECT: AB 1362 UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES Background: AB 1362 requires every county to implement a program to monitor underground storage of hazardous substances. A city may, if it choses, assume the responsibility for the implementation of these requirements. The Department of Environmental Health Services has been authorized by the County as the lead agency for hazardous management and by the State Department of Health Services in a Memorandum Of Understanding as the local enforcement agency for hazardous waste. Therefore the County will have inspectors at most facilities that store hazardous materials underground. The State law includes provisions for permit surcharge payments to State agencies and loss of local control. In order to conform with the State law the County has recommended that cities also pass a similar ordinance prior to January 1, 1984. The alternatives are as follows: 1. NO ACTION --full State requirements are effective January 1, 1984 with the County (DENS) as the implementing agency. 2. Develop a City ordinance and program - must be developed and adopted prior to January 1, 1984. 3. Adopt the County ordinance and program as City ordinance. At any time in the future should a city so choose, it may designate a city agency as implementing agency. Adoption prior to January 1, 1984 is necessary and your prompt consideration is imperative. This subject was discussed at the City Manager's meeting on December 9, 1983 and it was the consensus of opinion by most cities that alternative No. 2, develop a, city ordinance and program prior to January 1, 1984 to establish rules, regulations and minimum standards for the storage of hazardous substances in underground storage tanks be adopted by an urgency ordinance so that local control could be maintained. Staff recommends that the Council: A. ADOPT URGENCY ORDINANCE FOR HEALTH AND SAFETY FOR THE CITY OF GRAND TERRACE ESTABLISHING RULES, REGULATIONS AND MINIMUM STANDARDS FOR STORAGE OF HAZARDOUS SUBSTANCES IN UNDERGROUND STORAGE TANKS. THIS IS PURSUANT TO CHAPTER 4046, AN ACT TO ADD SECTION 25150.1 TO AND ADD CHAPTER 6.7 (COMMENCING WITH SECTION 25280) TO DIVISION 20 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA RELATING TO HAZARDOUS SUBSTANCES, AS APPROVED BY THE GOVERNOR SEPTEMBER 23, 1983. SA:lo Encl. Urgency Ordinance AB No. 1362 AB No. 2013 x3 PENDING CITY COUNCIL APPROVAL ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING RULES, REGULATIONS, AND MINIMUM STANDARDS FOR THE STORAGE OF HAZARDOUS SUBSTANCES IN UNDERGROUND STORAGE TANKS. WHEREAS, Chapter 4046, an act to add Sections 25150.1 to and to add Chapter 6.7 (commencing with Section 25280) to Division 20 of the Health and Safety Code of the State of California relating to hazardous substances, was approved by the Governor September 23, 1983, and becomes effective on January 1, 1984; and WHEREAS, the City Council of the City of Grand Terrace finds, determines, and declares that underground tanks used for the storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers and may pose other dangers to the public health and the environment; and WHEREAS, said City Council finds that it is in the public interest, safety, and welfare to establish rules, regulations, and minimum standards for the prevention of contamination from and improper storage of hazardous substances stored underground; and WHEREAS, it is the intent of the City Council in adopting- this Ordinance to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, and tested so that the health, property, and resources of the citizens of the City of Grand Terrace will be protected; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Requirements for Storage Tanks Installed after January 1, 1984 - Every underground storage tank installed after January 1, 1984, shall — meet the following requirements: a. Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards: (1) Primary containment shall be product -tight; (2) Secondary containment shall be constructed to prevent structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing, for the maximum anticipated period of time necessary for the recovery of any released hazardous substance; (3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank; (4) In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater; (5) If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a 24-hour rainfall as determined by a 100-year storm history; (6) Single -walled containers do not fulfill the requirement of an underground storage tank providing both a primary and a secondary containment; (7) The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of paragraphs (1) to (6), inclusive, if the primary containment construction is of glass fibre reinforced plastic, cathodically protected steel, or steel clad with glass fibre reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels. stored in the tank and which is designed to provide early leak detection, response, and to protect groundwater from releases, and if the monitoring is in accordance with the alternative method identified in paragraph (3), subdivision b. of Section 2. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with paragraph (3) of subdivision b. of Section 2 shall also be deemed to meet the requirements of this subdivision; b. Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided; c. When required by the City, a means of overfill protection for any primary tank, including an overfill prevention device or an attention -getting higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this paragraph; d. Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container shall be separated in both the primary and secondary containment so as to avoid potential intermixing; - 2 - e. If water could enter into the secondary containment by precipitation or infiltration, the facility shall contain a means of removing the water by the owner or operator. This removal system shall also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. SECTION 2. Requirements for Underground Storage Tanks Installed on or before January 1, 1984 - For every underground storage tank installed o� n or before January and used for the storage of hazardous substances, the following actions shall be taken: a. On or before January 1, 1985, the owner shall outfit the facility with a monitoring system capable of detecting unauthorized releases of any hazardous substances stored in the facility and, thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed; b. Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subdivision a. of this Section. Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the City, consistent with the regulations of the State Water Resources Control Board. The alternative monitoring methods include, but are not limited to, the following. methods: (1) Pressure testing, vacuum testing, or hydrostatic testing of the piping systems or underground storage tanks; (2) A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The State Water Resources Control Board shall develop regulations specifying monitoring alternatives. The City, or any other public agency specified by the City, shall approve the location and number of wells, the depth of wells, and the sampling frequency, pursuant to this Ordinance; (3) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if inventory records are kept on file for one year and are reviewed quarterly, the tank is tested for rightness hydrostatically or, when appropraite with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the State Water Resources Control Board and whenever any pressurized system has a leak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically or where appropriate, with pressure between three and five pounds, inclusive, per square inch whenever there is a shortage greater than the amount which the State Water Resources Control Board shall specify by regulation. - 3 - n n SECTION 3. Enforcement Agency - That the enforcement agency is hereby designated as Grand Terrace Fire Department. SECTION 4. Fees - That fees shall be established by the City Council by resolution in order to recover the cost of implementing the program. SECTION 5. That it is the intent of the City Council to amend this Ordinance from time to time to assure continuing enforcement of the provisions of this Ordinance. SECTION 6. That this Ordinance is hereby declared to be an Urgency Ordinance to protect the health, safety, and welfare of the citizens of the City of Grand Terrace. SECTION 7. This Ordinance shall be in full force upon adoption. SECTION 8. That the City Clerk is hereby directed to send copies of this Ordinance to the San Bernardino County Environmental Health Services Department and the State of California giving notice that the City of Grand Terrace has assumed the responsibility of enforcing the provisions of this Ordinance. SECTION 9. That the City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council. ADOPTED this 14th day of December, 1983 ATTEST: City Clerk of the City of Grand Terrace and of the City Council thereof. Approved as to form: City ttorney - 4 - Mayor of the City of GrandTerrace and of the City Council thereof. Assembly Bill No. 13362 CHAPTER •1046 An act to add Section 25150.1 to, and to add Chapter 6.7 (com- mencing with Section 25280) to Division 20 of, the Health and Safety Code, relating to hazardous substances. [Approved by Covernor September 23, 1983. Filed with Secretary of State S-ptember 23, 19, 3.] The people of the State of California do enact as follows. SECTION 1. (a) The Lt:gislature finds and declares as follows: (1) Substances hazardous to the public health and safety, and to the environment, are stored prior to use or disposal in thousands of ! underground locations in the state. (2) Underground tanks used for the storage of hazardous substances and wastes are potential sources of contamination of the ground and underlying aquifers, and may pose other dangers to public health and the environment. , (3) In several known cases, underground storage has resulted in undetected and uncontrolled releases of hazardous substances into the ground. These releases have contaminated public drinking rater supplies and created a potential threat to the public health and to the waters of the state. 69 130 — 5 — Ch. 1046 (4) The Legislature has previously enacted laws regulating the management of hazardous wastes, including statutes providing the means to clean up releases of hazardous substances- into the environment when the public health, domestic livestock:, wildlife and the environment are endangered. Current laws do not specifically govern the construction, maintenance, testing and use of underground tanks used for the storage of hazardous substances, or the short-term storage of hazardous wastes prior to disposal, for the purposes of protecting the public health and the environment. (5) f he p2 otection of the public from releases of hazardous substances is an issue of statewide concern. (b) The Legislature therefore declares that it is in the public interest to establish a continuing program for the purpose of preventing contamination from, and improper storage of, hazardous substances stored underground. It is the intent of the Legislature, in enacting this act, to establish orderly procedures that will ensure that newly constructed underground storage tanks meet appropriate standards and that existing tanks be properly maintained, inspected, and tested so that the health, property, and resources of the people of the state will be protected. SEC. 2. Section 25150.1 is added to the Health and Safety Coc.e, to read: 25150.1. The requirements in Sections 25281 and 9-528-1.1 apply to the constriction, operation, maintenance, monitoring, and testing of underground storage tanks, as defined ir. subdivision (m) of Section 25280, which are required to obtain hazardous waste facilities permits from the department. The department shall adopt regulations implementing the requirements of Sections 25254 and 25284.1, for regulating the construction, operation, maintenance, monitoring, and testing of underground storage tanks used for the storage of hazardous wastes which standards and regulations are necessary to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment. The regulat oms department shall adopt the regulations by January 1, 1985). Jf the regulations are not adopted by that d%te, the regulations adopted by the board implementing Section 25284.1 shall be deemed to be the regulations of the department pursuant to this section until new regulations are adopted by the department pursuant to this section. SEC. 3. Chapter 6.7 (commencincr with Section 25280) is added to Division 20 of the Health and Safety Code, to react: CHAPTER 6.7. UNDERCROU`D STORACF. OF HAZARDOUS SUBiTANCES 25280. For purposes of this chapter, the following definitions apply: (a) "Department" means the State Department of Health Services. 89 1(A Ch. 1046 — 6 — (b) "Facility" means any one, or combination of, underground storage tanks used by a single business entity at a single location or site. (c) "Hazardous substance" means all of the following liquid and solid substances, unless the department, in consultation with the State Water Resources Control Board, determines the substance could not adversely affect the quality of the waters of the state: (1) Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code. '(2) Hazardous substances, as defined in Section 25316. (3) Any substance or material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid, or a class III -A combustible liquid. • (d) "Local agency" means the department, office, or other agency of a county or city designated pursuant to Section 25282. (e) "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, and association. "Person" also includes any city, county, district, the state; of any department or agency thereof. (f) "Board" means the State Water Resources Control Board. (g) "Primary containment" means the first level of containment, such as the portion of a tank which comes into immediate contact on its inner surface with the hazardous substance being contained. (h) "Product -tight" means impervious to the substance which is contained, or is to be contained, so as to prevent the seepage of the substance from the primary containment. To be product -tight, the tank shall not be subject to physical or chemical deterioration by the substance which it contains over the useful life of the tank. (i) "Secondary containment" means the level of containment external to, and separate from, the primary containment. (j) "Single -walled" means construction with walls made of only one thickness of material. For the purpose of this chapter, laminated, coated, or clad materials sh-.l1 be considered single -walled. (k) "Storage" or "store" means the containment, handling or treatment of hazardous substances, either on a temporary basis or for a period of years. "Storage" or "store" does not mean the storage of hazardous wastes in an underground storage tank if the person operating the tank has been issued a hazardous waste facilities permit by the department pursuant to Section 23200 or granted interim status under Section 25200.5. (1) "Unauthorized release" means any release or emission of any hazardous substance which does not conform to the provisions of this chapter, unless this release is authorized by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. • (m) "Underground storage tank" means any one or combination of tanks, including pipes connected thereto, which is used for the 89 M Ch. 1046 --7— and which is substantially or totally storage of hazardous substances beneath the surface of the ground. "Underground storage tank" does i not include any of the following: (1) A tank used for the storage of hazardous substances used for j the control of external parasites of cattle and subject to th- supervision of the county agricultural commissioner if the county agricultural commissioner determines, by inspection prior to use, that the tank provides a level of protection equivalent to that 1 required by Section, 23284, if the tank was installed after June 30, 1984, or protection equivalent to that provided by Section 2.5284.1, if the tank was installed on or befo r4 Jule 30, 19-84• (2) Tanks which are located on a farm and store motor vehicle fuel which is used only to propel vehicles used primarily for agricultural purposes. (3) Tanks used for aviation or motor vehicle fuel located within one mile of a farm and the tank is used by a licensed pest control operator, as defined in Section 11703 of the Food and Agricultural Code, who is primarily involved in agricultural pest control activities. (4) Structures such as sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined and unlined pits, sumps and lagoons. Sumps which are a part of a monitoring i system required under Section 25284 or Section 25284.1 are not exempted by this section. These structures may be regunla' by the board pursuant to the Porter -Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) to ensure that they do not pose a threat to water quality. The board shall *conduct a study which analyzes the necessity of applying standards of Section 25284 and 25284.1 to the structures e-empt 98 this section.by The board shall complete the study by January 1, After completing the study the board shall review existing regulatory authority over such structures_ rofessional engineer, (n) "Special inspectors" means a p apter 7 (commencing with Section �u0e� registered pursuant to Ch of Division 3 of the Business and Professions Code, who is q_ to attest, at a minimum, to structural soundness, seismic safety, the compatibility of construction materials with contents, cathodic protection, and, the mechanical compatibility of the structural elements. (o) "Ovine " eans the owner of m means the opemtorlunderground of an undergro ndstorage stora e (p) "Operator tank. (q) 'Pipe means any pipeline or system of pipelines which is used in connection with the storage of hazardous substances and ort hazardous which orlintrastate c ommercz rpsubstances interstate to to transfer hazardousinaterials in bulk to or from a marine vessel. 25281. (a) The department shall compile a coin prehensive 69 210 Ch. 1046 _ 8 — master list of hazardous substances. The master list steal! be made available to the public and mail; d to each local agenc,, ro L-.ter than June 30, 1984, notwithstanding any other proOsion of 1a:v, including Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Covernment Code. Local acencies and own-ars or operators of underground storage tanks shall use the master list or, when adopted, the revised list adopted pursuant to subdivision (b), to determine which underground storage tanks require permits pursuant to this chapter. Hazardous substances included on the list may be denominated by scientific, common, trade, or bran-1 n:aines. (b) The department may revise, when appropriate, the master !Is*, of all - the hazardous-ubstances specified in subdivision (a). The revised list of hazardous substances shall be prepared and adopted, and may be further revised, in accordance with Chapter 3.5 (commencing with Section_ 11340) of Part 1 of Division 3 of Title 2 of the Government Code. 23282. Every county shall implement this chapter pursuant to the regulations adopted by the board. A city may, by ordinance, assume responsibility for the implementation of this chanter pursuant to the regulations adopted by the board and, if so, shall have exclusive jurisdiction within the boundary of the city for the purposes of carrying out. this chapter. A city which assumes resp orsibili:-y for implementation of this chapter shall provide notice of its program and consult with the county in which the city is located. A county shall designate a department, office, or other agency of that county as the local agency responsible for administering and enforcing the provisions of this chapter and a city. which assumes responsibility for implementing this chapter shall also make a similar deli' ation. 2528.3.: (a) Except as provided in subdivision (b), no person shall own or operate an underground storage tank unless a permit for its operation has been issued by the local agency to the o:vner. Each local agency shall prepare a form which provides for the acceptance of the obligations of a transferred pennit by any person: wh-3 is to assume the ownership of an underground storage tan: from the previous owr!er and is to be transferred the pc:nut to opr ate the tank. That person shall complete the form accepting the obligations of the permit and submit the completed form to the local agency at least 30 days after the ownership 'of the underground storage tank is to be transferred. A local agency may review and modify, or terminate, the transfer of the permit to operate the tnderground storage tank, purstant to the criteria. specified in subdivi.,ion (c) of Section 2 2 _.1, upon receiving the completed form. (b) Any person assuming ownership of an underground storage tank used for the storage of hazardous substances for .%•hich a valid operating permit has been issued shall have 30 days after the date of assumption of ownership to apply for an operating' permit pursuant to Section 25283.2 or, if accepting a transferred permit, shall submit to the local agency'the completed form accepting the -obligationsof 89 230 -- 9 — Ch. 1046 the tnuisferred permit, as specified in subdivision (a). During the poriod from the d_ite of application until the permit is issued or refused, the person shall not be held to be in violation of this section. (c) when, in its judgri- nt, it is appropriate Lo do so, the local agency may isscW a s►ng:e permit to a pzr-,oii for a facility. 252S3.1. A permit to operate issued by the local agency pursuant to Section 252S.3 sha!l be effective for five years. A local agency shall no; issue or renew a permit to operate an underground storage taftk if the local agenc% inspects the tank: and determines that the tank does not ccinp!}• with this chapter. 2528.3.2. (a) An application for_ a - permit to operate an underground .storage tank, or for renewal of the permit, shall be made, by the owner, on a standardized form prepared by the board and provided by the local agency andshall be accompanied by the appropriate fee, as specified in Section 25253.3. The local agency shall provide the bo:L*d with a copy of the co:npketed application. (b) The board shall store this information on a computer, for the purpose of mana-Ying and appropriately cross-referencing and indexing this data. The application form sliall include, but not be limited to, requests for the following information: (1) A description of the construction of the underground storm tank or tanks. (2) A list of a!1 the hazardous substances which are or %%ill be stored in the underground storage tank or tanks, specifying, the hazardous substances for each underground storage tank. (3) A description of the monitoring program for the underground storage tank or tanks. - (4) The name and address of the person, firm, or corporation which owns the underground storage tank or to nk.s and, if different, the name and address of th-- person who operates the underground storage tank or tanks. (5) The address of the facility at which the underground storage tank or tanks are located. (6) The naive of the person makirg the application. (7) The name and 24-hour phone number of the contact person in the event of an emergency involving the facility. (8) If the owner or operator of the underground storage tank is a public agency, the application shall include the nari ! of the supervisor of the division, section, or office which operates the tank. "(c) As a condition of any permit to operate an underground storage tank, the permittee shall complete an annual report form, prepared by the board, which will detail any changes in the usage of any underground storage. tanks, including the storage of new hazardous substances, changes in monitoring procedure and unauthorized release occurrences, as defined in Sections 25281.3 and 25284.4. The requirements for computer storage a►id management of the data generated by the application forms specified in subd;vision (b) also apply to information generated by the annual reports. 89 260 Ch. 10. 6 — 10 — (d) If a permittee stores in an underground storage tank or tanks a hazardous substance which is not listed in the application, as required by paragraph (2) of subdivision (b), the permittee shell apply for a new or amended permit within 30 days after corriniencino the storage of that hazardous substance. 25283.3. (a) A fee shall be paid to the local agency by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permit. The governinCP g body of the county, or a city which assumes enforcement jurisdiction, shall establish the amount of the fees at a level sufficient to pay the necessary and reasonab'e costs incurrcd ii administering this chapter, including, but not limited to, permitting and inspection , responsibilities. The governing body may provide for the waiver of fees when a public agency makes an application for a permit to operate or an application to renew a permit. (b) This fee shall include a surcharge, the amount of which shall be determined by the Legislature annually to cover the costs of the board in carrying out its responsibilities under this chapter. The surcharge shall be transmitted to the board and deposited in the Underground Storage Tank Fund hereby created in the General Fund. The money in this account is available, upon appropriation by the Legislature, to the board for the purposes of implementing this chapter. I (c) From January 1,1984 to June 30,1984 there shall be a one-time surcharge of five dollars (S?) on each tank permitted pursuant to this chapter, which surcharge shall be forwarded to the board, by the local agency, to cover the costs of developing the statewide regulations implementing this chapter, and shall be deposited in the 3 Underground Storage Tank Fund. i 25283.4. (a) The local agency shall inspect every underground ) storage tank within its jurisdiction at least once every three years. The purpose of the inspection is to determine whether the. tank complies with the design and construction standards of Section 25284 or 25284.1, whichever is applicable, whether the operator has monitored and tested the tank as required by the permit, and whether the tank is in a safe c.perating condition. After an inspection, the local agency shall prepare a compliance report detailing the inspection and shall send a copy of this report to the permitholder. i (b) In addition to, or instead of, the inspections specified in subdivision (a), the local agency may require the permitholder to employ, periodically, special inspectors to conduct an audit • or assessment of the permitholder's facility to determine whether the facility complies with the factors specified in subdivision (a) and to prepare a special inspection report with recommendations concerning the safe storage of hazardous materials at the facility. The report shall contain recommendations consistent with the provisions � of this chapter, where appropriate. A copy of the report shall be filed with the local agency at' the same time the inspector submits the 69 240 -11— Ch. 1046 E report to the perinitholder. Within 30 days after receiving this report, the permitholder shall file with the local agency a plan to implement all recommendations contained in the report or shall Edemonstrate, to the satisfaction of the local agency, why these l recommendations should not be implemented. 25283.5. In order to carry out the purposes of this chapter, any duly authorized representative of the local agency or the board has t the authority specified in Section 25185, with respect to any place where underground storage tanks are located, and in Section 25185.5, i lvlth respect to Teal property Wi:it:h is witiill: 2,000 feet of :uiy place where underground storage tanks are located. 25283.6. (a) "Trade secrets," as used in this chapter, may include, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce,or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not laiwv or t' use it. (b) The board or a local agency may disclose trade secrets t: received by the board or the local agency pursuant to this chapter to authorized representatives or other governmental agencies only in connection with the board's or local agency's responsibilities • pursuant to this chapter. The board and the local agency sh.ril establish procedures to ensure that these trade secrets are utiliz: d i only in connection with these responsibilities and are not .otherwise E disseminated without the consent of the person who provided the information to the board or the local agency. y p providing information pursuant to Section (cj An person rovidin 23_�83.2 t shall, at the time of its submission, identify all information which the person believes is a trade secret. Any information or record riot identified as a trade secret is available to the public, unless exempted from disclosure by other provisions of Ian% (d) Wiiere the local agency, by ordinance, provides an alternative t' to the listing of a substance which is a trade secret, the person storing that substance shall provide the identification of the material directly to the board pursuant to this section. ! 25284. Every underground storage tank installed after January 1, i 1984, shall meet the following requirements: . (a) Be designed and constructed to provide primary and secondary levels of containment of the hazardous substances stored in them in accordance with the following performance standards: t (1) Primary containment shall be product -tight. ' (2) Secondary containment shall be constructed to prevent ;. structural weakening as a result of contact with any released hazardous substances, and also shall be capable of storing, for the maximum anticipated period of time necessary for the recovery of 89 310 Ch. 1046 —12 — any released hazardous substance. (3) In the case of an installation with one primary container, the secondary containment shall be large enough to contain at (cast 100 percent of the volume of the primary tank. (4) In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the aggregate internal volume of all primary tanks, whichever is greater. (5) If the facility is open to rainfall, then the secondary containment must be able to additionally accommodate the volume of a 24-hour rainfall as determined by a 100-3%1ear storm history (6) Single -walled containers do ixot fulfill the requirement of an underground storage tank providing both a primary and a secondary containment. • (7) The design and construction of underground storage tanks for motor vehicle fuels storage need not meet the requirements of paragraphs (1) to (6), inclusive, if the primary • containment construction is of glass fibre reinforced plastic, cathodically protected steel, or steel clad with glass fibre reinforced plastic, any such alternative primary containment is installed in conjunction with a system that will intercept and direct a leak from any part of the tank to a monitoring well to detect any release of motor vehicle fuels stored in the tank and which is designed to provide early leak detection,.response, and to protect -groundwater from releases, and if the monitoring is in accordance with the alternative method identified in paragraph (3) of subdivision (b) of Section 25284.1. Pressurized piping systems connected to underground storage tanks used for the storage of motor vehicle fuels and monitored in accordance with paragraph (3) of subdivision (b) of Section 25284.1 shall also be deemed to meet the requirements of this subdivision. (b) Be designed and constructed with a monitoring system capable of detecting the entry of the hazardous material stored in the primary containment into the secondary containment. If water could intrude into the secondary containment, a means of monitoring for water intrusion and for safely removing the water shall also be provided. . (c) When required by the local agency, a means of overfill protection for any primary tank, including an overfill prevention device or an attention -getting ff higher level alarm, or both. Primary tank filling operations of underground storage tanks containing motor vehicle fuels which are visually monitored and controlled by a facility operator satisfy the requirements of this paragraph. (d) Different substances that in combination may cause a fire or explosion, or the production of flammable, toxic, or poisonous gas, or the deterioration of a primary or secondary container, shall be separated in both the primary and secondary containment so as to avoid potential intermixing. (e) If water could enter into the secondary containment by 69 340 f i -13 — Ch. 1046 precipitation or infiltration, the facility shall contain a means of removing the water by the owner or operator. This removal systom shall also provide for a means of analyzing the removed water for hazardous substance contamination and a means of disposing of the water, if so contaminated, at an authorized disposal facility. 25284.1. For ever}, underground storage tank installed on or before January' 1, 194-1, and used for the storage of hazardous substances the following actions shall be taken: (a) On or before January 1,1985, the owner shall outfit the facility % ith a monitoring systern capubie of detecting unauthorized releases of any hazardous substances stored in the facility, and thereafter, the operator shall monitor each facility, based on materials stored and the type of monitoring installed. (b) Provide a means for visual inspection of the tank, wherever practical, for the purpose of the monitoring required by subdivision (a). Alternative methods of monitoring the tank on a monthly, or more frequent basis, may be required by the local agency, consistent with the regulations of the board. The alternative monitoring methods include, but are not limited to, the following methods: (1) Pressure testing, vacuum testing -or hydrostatic testing of the piping systems or underground storage tanks. (2) A groundwater monitoring well or wells which are down gradient and adjacent to the underground storage tank, vapor analysis within a well where appropriate, and analysis of soil borings at the time of initial installation of the well. The board shall develop regulations specifying monitoring alternatives. The local agency, or any other public agency specified by the Iocal agency, shall approve the location and number of wells, the depth of wells and the sampling frequency, pursuant to these regulations. (3) For monitoring tanks containing motor vehicle fuels, daily gauging and inventory reconciliation by the operator, if inventory records are kept on file for one year and are reviewed quarterly, the tank is tested for tightness hydrostatically or, when appropriate with pressure between three and five pounds, inclusive, per square inch at time intervals specified by the board and whenever any pressurized system has a Ieak detection device to monitor for leaks in the piping. The tank shall also be tested for tightness hydrostatically or where appropr :.ate, with pressure between three and five pounds, inclusive, per square inch whenever there is a shortage greater than the amount which the board shall specify by regulation. 25284.2. The operator of the underground storage facility sh: f: monitor the facility using the method specified on the permit for the facility. Records shall be kept in sufficient detail to enable the loc._ agency to determine that the operator has undertaken all monitorin-: activities required by the perrntt to operate. - If the operator is not the owner, the owner shall provide a copy of 69 370 Ch. 1046 —14 — . the permit to the operator, enter into a written contract with the operator which requires the operator to monitor the tank as set forth in the permit, and provide the operator with a copy of Section 25287, or a summary of this section, in the form which the board specifies by regulation. The owner shall notify the local agency of any change of operator. 25284.3. Any unauthorized release from the primary containment which the operator is able to cleanup within eight hours, and which does not escape from the secondary containment, does not increase the hazard of fire or explosion and does not cause any deterioration of the secondar, containment of the underground storage tank, shall be recorded on the operator's monitoring reports. 25284.4. (a) Any unauthorized release which escapes from the secondary containment, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment of the underground tank shall be reported by the operator or the local agency within 24 hours after the release has been detected or should have been detected. A full written report shall be transmitted by the owner or operator of the underground storage tanks within five working days of the occurrence of the release. The local agency shall review the permit whenever there has been an unauthorized release or when it determines that the underground storage tank is unsafe. In determining whether to modify or terminate the permit, the local agency shall consider the age of the tank, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous substances stored in the tank, the severity of potential unauthorized releases, and the suitability of any other long-term ,measures preventive measures which would meet the requirements of this chapter. (b) In cooperation with the Office of Eanergency Services, the board shall submit an annual statewide report by county, to the Legislature, of all unauthorized releases, indicating for each unauthorized release the operator, the hazardous substance, the quantity of the unauthorized release, and the actions taken to abate the problem. (c) The reporting requirements imposed by this section arc in addition to any requirements which may be unposed by Section 13271 of the Water Code. 25284.5. If there has been any unauthorized release, as defined in subdivision (a) of Section 25284.4, from an underground storage tank containing motor vehicle fuel not tinder pressure, the permitholder may repair the tank once by an interior -coating process if the tank meets all of the following requirements: (a) An ultrasonic test, or comparable test, has been conducted to determine the thickness of the storage tank. If the result of the test indicates that a serious corrosion problem exists with regard to the tank, as determined by the person conducting the test, the local 89 390 -15 — Ch. 1046 1 agency may require additional corrosion protection for the tank or may deny the authorization to repair. } (b) A hydrostatic test is an alternative to the ultrasonic test in subdivision (a). If the result of the test indicates that a serious problem exists with regard to the integrity of the tank, as determined by the person conducting the test or the local agency, the local i agency may require additional protection for the tank or may deny authorization for the repair. (c) A vacuum test has been conducted with a result indexed at not more than 5.,l inches of mercury. This requirement shall not be applicable if technology is not available for testing the tank on site using accepted engineering practices. (d) Following the repair, the standard installation testing for requirements for underground storage tanks specified in Section 6 2-7.3 of the Flammable and Combustible Liquids Code, adopted by 1 the National Fire Protection Association on November 20 1931 (NFPA 30-1981), and published in the 1982 edition of the National Fire Code shall be followed. (e) The material used to repair the tank by an interior -coating process is compatible with the motor vehicle fuel that is stored, as approved by the board by regulation. (f) The material used to repair the tank by an interior -coating process is applied in accordance with nationally recognized engineering practices such as the American Petroleum Institute's recommended practice No. 1631 for the interior lining of existing underground storage tanks. (g) The board may develop regulations, in consultation with the State Fire Nfarshal, for the repair of underground storage tanks, and the standards in this section shall remain in effect until the adoption of these regulations. 25285. The local agency may request the following agencies to utilize that agency's authority to remedy the effects of, and remove, any hazardous substance which has been released from an underground storage tank: (a) The department which may take action pursuant to Chapter 6.8 (commencing with Section 25300) and, for this purpose, any unauthorized release shall be deemed a release as defined in Section 25320. (b) A regional water quality control board 'nay take action pursuant to Division 7 (commencing with Section 13000) of the Water Code and, for this purpose, the discharged hazardous substance shall be deemed a waste as defined in subdivision (d) of Section 1305M 25286. (a) No person shall abandon an underground storage tank or close or temporarily cease operating an underground storage tank, except ai provided in this section. (b) An underground storage tank which is temporarily taken out of service, but which the operator intends to return to use, shall 69 420 Ch. 1046 —16 — continue to be subject to all the permit, inspection, and monitoring requirements of this chapter, unless the operator complies with the provisions of subdivision (c) for the period of time the underground tank is not in use. '(c) No person shall close an underground storage tank unless the person undertakes all of the following actions: - (1) Demonstrates to the local agency that all residual amounts of the hazardous substance or hazardous substances which were stored in the tank prior to its closure have been removed, properly disposed of, and neutralized. (2) Adequately seals the tank to minimize any threat to the public safety and the possibility of water intrusion into, or runoff from, the tank. (3) Provides for, and carries out, the maintenance of the tank as the local agency determines is necessary, for the period of time the local agency requires. (4) Demonstrates to the local agency that there has been no significant soil contamination resulting from a discharge in the area surrounding the underground storage tank or facility. 25287. (a) Any operator of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars (S500) or more than five thousand dollars ($5,000) per day for any of the following: (1) Operates an underground storage tank which has not been issued a permit-. _ (2) Fails to monitor the underground storage tank, as required by the permit. (3) Fails to maintain records, as required by Section 25283.2. 1 (4) Fails to report an unauthorized release, as required by Sections 25284.3 and 25284.4. (5) Fails to properly close an underground storage tank, as required by Section 25286. ' (b) Any owner of an underground storage tank shall be liable for a civil penalty of not less than five hundred dollars (5500) or more i than five thousand dollars (55,000) per day for any of the following: � (1) Failure to obtain a permit as specified by this chapter. (2) Failure to repair an underground tank in accordance with the .provisions of this chapter. (3) Abandonment or improper closure of any underground tank i subject to the provisions of this chapter. (4) Knowing failure to take reasonable and necessary steps to assure compliance with this chapter by the operator of an underground tank (c) Any person who falsifies any monitoring records required by this chapter, or knowingly fails to report an unauthorized release, } shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000), or by imprisonment in the county jail for not to exceed one• , 89 420 —17 — Ch. 1046 year, or by both that fine and imprisonment. (d) In determining both the civil and criminal penalties imposed pursuant to this section, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person who holds the permit. (e) Penalties under this section are in addition to, and do not supersede or limit, any and all other legal remedies and penalties, civil or criminal, which may be applicable under other laws. 25288. (a) Any city, county or city and county which prior to January 1, 1984, has adopted an ordinance. which, at a minimum meets the requirements set forth in Section 25284 and 2528-4.1, providing for double containment, monitoring of underground storage tanks and under which permits are issued therefor is exempt from the provisions of this chapter so long as the ordinance, as it may- be amended, continues to meet the requirements of Sections 25284 and 25284.1. Those local agencies which are exempted from this chapter pursuant to this subdivision shall submit to the board the application form and annual information specified by Section 25283.2 and shall - submit a written report of any unauthorized release from an underground storage tank to the Office of Emergency Services within 10 working days from the time the local agency is notified of the unauthorized release. (b) This chaptei shall not be construed to limit or abridge the authority of any city, county, or city and county to adopt an ordinance requiring information, conducting investigations, inspections, or implementing and enforcing this chapter. 25288.1. The Legislature hereby .finds and declares that the provisions of this chapter are of statewide interest and concern and are intended • to preempt any local regulations of underground storage tanks, which regulations are for the protection of the soil from contamination or the protection of the beneficial uses of waters { of the state, and which conflict with these provisions, except as i provided in Section 25288.. ' 25288.2. (a) The board shall develop regulations implementing the standards of Section 25284, 25284.1, 25284.3, 25284.4, 2528-4.5, 25286, and 25288.3. These regulations shall be promulgated by the board by January 1, 1985. The board may adopt regulations implementing Sections 23283.2, 25283.3 and 25283.6, as it deems necessary. (b) Until the board adopts regulations, any city, county, or city and county may implement the provisions of Section 25284 with regard to permits. Any tank or facility so permitted shall be deemed to be in compliance with the regulations of the board implementing that section. Any underground storage tank installed within a city, , 89 470 Ch. 1046 _ 18 — county or city and county which has not implemented the provisions of Section 2.3284 prior to the adoption of regulations by the board shall be subject to the same requirements of this chapter as an underground storage tank installed prior to January 1, 1934. 25288.3. (a) Any permitholder or permit applicant may apply to the board for a categorical variance from Section 25824 or 2.5824.1. i The . application shall include a description of the proposed alternative program, method, device, or process and description of i the region, area, or circumstances under which the variance would apply. The board shall give notice to all affected cities, counties and city and counties. The board shall issue a cate'uncal vi: ance from this chapter if it finds, after investigation and at least two public t hearings held in different areas of the state, as selected by the board, ' that the applicant has demonstrated by clear and convincing ' evidence that the proposed alternative will adequately protect the soil and the beneficial uses of water of the state from an unauthorized i release. The board may remand the application to the appropriate { regional• board if it determines the application falls within t subdivision (c). (b) After January 1,1984, any local agency may apply to the board for authority to implement design and construction standards for the containment of a hazardous substance in underground storage tanks which are in addition to those set forth in this chapter. The application shall include a description of the additional standards and 1 a discussion of the need to implement them. The board shall approve the application if it finds, after an investigation and public hearing, that the local -agency has demonstrated by clear and convincing evidence that the additional standards are necessary to adequately protect the soil and the beneficial uses of the waters of the state from unauthorized releases. • -The board shall make its determination within six months of the date of application for authority to implement additional standards. If the board's determination upholds the application for authority to implement additional standards, the standards shall be e:fective as of the date of the determination. If the board's determination does not uphold the application, the additional standards shall net go into effect. 1 (c) Any permitholder or permit applicant may apply to the regional water quality control board having jurisdiction over the location of the permitholder or applicant's facility for a site -specific variance from Section 25824 or 25824.1. Before applying for a variance, the applicant shall contact the local agency. If the local agency decides that a variance would be necessary to approve a proposal, or if the local agency does not make a decision Mthin 60 days, the permitholder or applicant may proceed with a variance application. At least 30 days before applying to the appropriate regional water quality control board the applicant shall notify and request the local agency and the city, county, or city and county 89 490 -19 -- Ch. 1046 having land use jurisdiction over the city to join the applicant in the variance application. The city, county, or city and county shall provide notice of the receipt of this request to any person who has requested the notice. The local agency shall have 30 days from completion of any documents required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and the receipt of the regional board's staff recommendation a:A analysis to act on the request. The regional board shall not hold a hearing upon the application until after the ex iratiow of this 30 day neriod. Failure of the local agency or city, county, or city and county to join in the variance application shall not affect the request of the applicant to proceed with the variance application, except that the board shall consider the local agency's and the city, county, or city and county's recommendations in rendering its decision. The notification and request to join to the local :agency and the city, county, or city and coil+:ty and the appplication to the appropriate regional board shall include a f description of the proposed alternative program method or process. i The regional water quality control board shall approve the variance if it finds, after investigation and public hearing, that the applicant has demonstrated by clear and convincing evidence that because of - special circumstances not generally applicable to other property or facilities, including size, shape, design, topography, location or surroundings, the strict application of the standards of this chapter ! would be. unnecessary to adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release, or that i strict_ application would create practical difficulties not generally applicable to other facilities or property and that the proposed . alternative will adequately protect the soil and beneficial uses of the waters of the state from an unauthorized release. + . (d) Applicants for action under this section shall pay a fee determined by the -state water quality control board to be reasonable in covering costs in considering the application. 25289. This chapter shall not be const-nied to limit or abridge the power.- and duties granted to the Sate Department of Health Services by Chapter 6.5 (commencing with Section 25100) and by Chapter 6.8 (commencing with Section 25300) or to the State Water Resources Control Board and each regional water quality control board by Division 7 (commencing with Section 13000) of the Water 1 • Code. SEC. 4. It is the intent of the Legislature that the pro4am created by this act within the State Department of Health Services will be funded both through the department's budget commencing with the 1984-85 fiscal.year and through the use of existing financial resources. ± SEC. 5. Notwithstanding Section 2231.5 of the Revenue and Taxation Code, this act does not contain a repealer, as required by j that section; therefore, the provisions of this act shall remain in effect 89 520 Ch. 1046 — 20 — unless and until they are amended or repealed by a later enacted act. SEC. 6. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231 or 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for administering the program or level of service mandated by this act or else it is recognized, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of that code. &9 520 l t Assembly Bill No. 2013 CHAPTER 1045 .An act to add Sections 13173 and 13174 to the Water Code, relating to water quality. (Approved by Coverndr September 23. 19M. Filet with Secretary of State September 23, 1M33.) LECISLATIVE COUNSEL'S DIGEST ' AB 2013, Cortese. • Water quality: hazardous substances: storage facilities. Under existing law, the State Water Resources Control Board is vested with various powers and duties in regard to the disposal of hazardous waste. This bill would require each person storing hazardous substances, as defined, in concrete sumps, nonvaulted buried tanks, or other underground containers to file with the state board a hazardous substance storage statement, including specified information, not later than July 1, 1984. The bill would require each statement to be accompanied by a fee of $10 per container, except for underground tanks located at retail motor vehicle fuel outlets for which the fee would be $5 per container. The bill would specify related duties of the state board, and, as of specified dates, require compilations of storage statements to be transmitted to appropriate regional water quality control boards, cities, and counties and would impose civil liability, as specified, for failure to comply with these provisions. The bill would exempt, from January 1, 1984, to July 1, 1984, underground farm storage tanks storing fuel from these provisions. The state board would be required to obtain essential information on underground farm storage tanks from farmers, and the addresses and information obtained would be confidential and could be disclosed only under specified circumstances. The state board and regional boards would be authorized to apply these provisions to underground faim storage.tanke on July 1, 1984, as prescribed. The people of the State of California do enact as follows.• SECTION 1. Section 13173 is added to the Water Code, to read: 13173. (a) Except as provided in Section 13174, each person storing hazardous substances in concrete sumps, nonvaulted buried tanks, or other underground containers shall file with the state board, on a form provided by the state board, a hazardous substance storage statement not later than July 1, 1984, except that civil liability for failure to file the statement by that date shall not arise until January 1, 1985, as specified in subdivision (e). (b) As used in this section, "hazardous substance" means any 83 60 Ch. 1045 _ 2 substance listed pursuant to Section 6382 of the Labor Code or any substance designated pursuant to Section 25316 of the Health and Safety Code. (c) Each hazardous substance storage statement shall include all of the following information: (1) The name and address of the person or firm owning the container described in subdivision (a). (2) The address and location of the container, including the city and county. (3) The name and 2a--hour phone number of the contact person in the event of an emergency involving the container. (4) If known, a description of the container, including type of if construction, name of manufacturer, and age, available. (5) A list of all of the hazardous substances stored in each container and the capacity of the container. (6) A description of any method used to determine if the container leaks. (d) Each statement shall be accompanied by a fee of ten dollars ($10) per container, except that statements submitted for underground tanks located at retail motor vehicle fuel outlets shall be accompanied by five dollars ($5) per container, which shall be deposited in the Underground Container Inventory Account in the General Fund, which account is hereby created, for use by the state board in administering this section. (e) Any person who fails to submit the hazardous substance storage statement and the fee per container to the state board by January 1, 1985, shall be liable civilly in an amount of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) per day for each day the statement has not been received. Any persop who submits false information to the state board shall be liable civilly in an amount of not less than tvvo thousand dollars ($2,000) and not more than twenty thousand dollars ($20,000) per day for each day the false information goes uncorrected. (f) The state board shall compile the hazardous substance storage statements by each city and county within which the container is located. These compilations shall be transmitter: to the appropriate regional boards, cities, and counties not later than January 1, 1985. SEC. 2. Section 13174 is added to the Water Code, to read: 13174. From January I, 1984, to July 1, 1984, Section 13173 shall not apply to underground farm storage tanks storing fuel. The state board shall obtain essential information on underground farm storage tanks from farmers by working cooperatively with fuel distributors, county extension offices, county agricultural commissioners, tax assessors, and other governmental agencies. The addresses and information obtained under this section shall be confidential and may be disclosed by the state board only when required by other governmental agencies exercising their authority with respect to. underground storage tanks and for official 88 90 — 3 — Ch. 1045 proceedings of the state board or other governmental agencies. On July 1, 1984, the state board and regional boards may apply Section 13173 to underground farm storage tanks, except that the statement prescribed in Section 13173 shall not be required to be filed with the state board prior to October 1, 1984, and no civil liability for failure to file the statement shall arise before January 1, 1985. O �I &Y 90 �I Date Dec. 7, 1983 STO�FF 12-8.5005 .5. CRAITEM ( ) AGENDA ITEM INO. COUNCIL ITEM ( x ) MEETING DATE: December 14, 1983 SUBJECT: Negative Declaration, Honey Hills Reservoir The Planning Commission at their regular meeting of November 7, 1983, considered the site and architectural review 83-5, reconstruction of Honey Hills Reservoir. The proponents of the project presented architectural renderings showing the Plannnig Commission the final product and appearance of the site of the proposed reservoir (existing site). The Planning Commission, after considerable review and discussion,approved the proposal and the filing of a negative declaration, subject to the City Council ratification of the negative declaration. The attached minutes, dated November 7, 1983, Item 3, indicate the dis- cussion and the actions of the Planning Commission. The Staff recommends that the City Council: APPROVE THE HONEY HILLS RESERVOIR PROJECT, SUBJECT TO THE CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION; MAKE THE FINDINGS; ADOPT THE NEGATIVE DECLARATION; AND INSTRUCT THE CITY CLERK TO ISSUE A NOTICE OF DETERMINATION. JK/me Attachments 1 Grand Terrace Planning Commission Minutes of Regular Meeting November 7, 1983 The regular meeting of the Grand Terrace Planning Commission was called to order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California on November 7, 1983 at 7:00 p.m. by Chairman Sanford L. Collins. PRESENT: Sanford L. Collins, Chairman John McDowell, Vice Chairman Norm Caouette, Commissioner Gerald Cole, Commissioner, Jerry Hawkinson, Commissioner Ray Munson, Commissioner William De Benedet, Commissioner Tim D. Serlet, Planning Staff ABSENT: Winifred Bartel, Commissioner (Excused) Vern Andress, Commissioner (Excused) PLEDGE OF ALLEGIANCE: Ledby Jerry Hawkinson MINUTES: Motion by Commissioner De Benedet, seconded by 1 PCM 83-63 Commissioner Munson, passed by 6-0 vote to approve the minutes of October 3, 1983, as submitted. Commis- sioner McDowell abstained from voting. PCM 83-64 Motion by Vice Chairman McDowell, seconded by Commissioner De Benedet, and passed by a 7-0 vote to approve the minutes of the joint meeting with the City Council on September 8; 1983, as submitted. NEW BUSINESS Item No. 2 SA 83-4, 15 Lots of Record, Tract 9482 Mr. Tim D. Serlet, Planning staff, presented the staff report. The Planning Commission had no questions for the staff and Chairman Collins requested the applicant to address the Commission. Mr. Carl Keller, project manager for Griffin Homes, explained the project and invited questions from the Commission. Chairman Collins asked who the 100 foot easement was in favor of. Mr. Keller responded that the easement was in favor of the State of California Department of Water Resources. Page 1 of 3 Ln Commissioner De Benedet inquired about the maintenance of the easement and the amount of overhang on the houses. &ir. Keller responded that the individual property owners would be responsible for maintaining that portion of the easement on their property. He also stated that the overhang on the proposed houses was larc?er than on the houses they presently have under construction in the City of Grand Terrace. Commissioner McDowell questioned the roofing material. Mr. Keller stated that it would be barrel tile. Chairman Collins opened and closed the public hearing with no one speaking for or against the project. PCM 83-65 Motion by Commissioner Caouette: seconded by Commissioner Hawkinson, and passed by a 7-0 vote to approve the site and architectural develop- ment plan 83-4, including the findings as written in the staff report and subject to the conditions recommended by staff. Item No. 3 Site and Architectural Review 83-5, Honey HfUls Reservoir Mr. Tim D. Serlet, Planning staff, presented the staff report. The Planning 1 Commission questioned the staff in regards to the existing slopes. ' The staff responded that with the exception of the pad area, the surrounding slopes were very steep. Commissioners De Benedet and Munson questioned Mr. Dale Griffin, the applicant, as to why they were replacing the old tank and how the water system would work in the interim. Mr. Griffin responded that the new tank will help serve the new homes in Tracts 9772 and 9773. Mr. Griffin also responded that his contractor will provide an interim pressure vessel to insure adequate pressure during construction. The Planning Commission then requested the staff to address the access to the site and the height of the tank. Staff responded that the new tank is 8 feet higher than the old one and that the developer will need to provide permanent access. Commissioner De Benedet requested the developer to give consideration to Italian Cypress trees as part of the landscaping plan. Commissioner Munson asked the developer how long the construction would take. Mr. Keller, Mr. Griffin's representative, expected a construction time of 90 days. Chairman Collins opened and closed the public hearing with no one speaking for or against the project. Page 2 of 3 Minutes of Planning Commission November 7, 1983 Grand Terrace 2! n I E PCAI 83-66 %lotion by Commissioner Munson, seconded by Commissioner McDowell, and passed by a 7-0 vote to adopt the negative declaration and approve site and architectural development plan SA 83-5, including the findinqs as written in the staff report and the conditions recommended by staff, subject to ratification of the negative declaration by the City Council. I tem No. 4 Variance for Siqn Permit at 22365 Barton Road Mr. Serlet, Planning staff, presented the staff report at the request of Chairman Collins. Chairman Collins requested the staff recommendation. Staff recommended denial of the variance. Chairman Collins requested the applicant to address the Commission. Mr. Bim Beckman, the building manager leasing agent, addressed the Commission. Mr. Beckman felt the sign was necessary to provide all his tenants with adequate signage. Mr. Robert Keeney gave a brief history of the problems he encountered with sinning when he owned the building in question. Mr. David Ter Best, tenant at 22365 Barton Road, spoke in favor of granting the variance. The Planning Commission discussed the variance request and sign ordinance amonq themselves. PCM 83-67 Motion by Commissioner Cole, seconded by Commissioner Caouette, and passed by a 4-3 vote to reject the vari- ance from Chapter 23 of Ordinance 57 for a sign at 22365 Barton Road. Chairman Collins, Vice -Chairman McDowell and Commissioner Hawkinson voted against the motion. 3 Adjournment Chairman Collins adjourned the meeting at 8:02 p.m. espectf y submitted by: �.i'oseph i k, Planning Director Page 3 of 3 Minutes of Planning Commission November 7, 1983 Grand Terrace Approved: San fo L. Collins, Chairman . � t4-0.JUU3 1 t STAFF REPORT PLANNING COMMISSION MEETING DATE: November 7, 1983 FROM: Planning Department AGENDA ITEM NUMBER: 3 SUBJECT: Site and Architectural Approval 83-5 Honey Hills Reservoir Applicant: Griffin Development Company 22 Falcon Ridge Pomona, CA 91766 Owner: Riverside Highland Water Company 23009 Washington Street Colton, CA 92324 Assessor's Parcel No.: 276-331-21 Property Location: See attached Exhibit A Area: ' 0.10 Acre ` General Plan Designation: Residential, 1-2 dwelling units per acre Existing Zoning: R-1 Surrounding Zoning: R-1 Subject Site: The site is situated on the top of a rocky knoll westerly of the terminus of Palm Avenue. There is presently a 100,000 gallon water tank occupying a majority of the site. The 24 feet diameter tank is lying on its side and is partially buried to a depth of 10 feet. The existing natural slopes in the immediate area of the site are extremely steep. There is a rock outcropping on the easterly portion of the site with a residential structure east of that. There are various trees and vegetation along with deteriorated asphalt surrounding the existing tank. YX Request: Enviromental Consideration: Staff Analysis: Recommendation: Griffin Development Company has requested site and architectural approval for the replacement of the existing 100,000 gallon water tank with a 300,000 gallon tank. A negative enviromental declaration has been prepared in accordance with the California Enviromental Quality Act and is attached. The new storage reservior will be 38 feet in Diameter and will be 36' high. The new tank will be buried to a depth of 14 feet, leaving 22 feet exposed. This is 8 feet higher than the exposure of the present tank. The reservioris higher than the surrounding residences and will not obstruct their view. Riverside Highland Water Company has been contacted and does not object to the proposed plan. Staff recommends that the Planning Commission adopt the following findings: 1. The project meets or exceeds the criteria established in Chapter 16, Ordinance 57. 2. The project will not be detrimental to the health, morals, safety, comfort or welfare of persons working within the neighborhood o-r City, nor injurious to property or improvements in the neighborhood. 3. The proposed development is consisten with the latest adopted General Plan. 4. Conditions necessary to secure the purpose of this Chapter, including guarantees and evidence of compliance with conditions are made part of this approval PLANNING COMMISSION ACTION: MR. CHAIRMAN, BASED ON THE MATERIAL IN THE STAFF PRESENTATION AND REPORT, AND THE TESTIMONY RECEIVED, I MOVE TO ADOPT THE NEGATIVE DECLARATION AND APPROVE SITE AND ARCHITECTURAL DEVELOPMENT PLAN SA 83-5,IlvCLUDING THE FINDINGS AS WRITTEN IN THE STAFF REPORT AND THE CONDITIONS RECOMMENDED BY STAFF; SUBJECT TO RATIFICATION OF THE NEGATIVE DECLARTION BY THE CITY COUNCIL. -2- November 7, 1983 CONDITIONS OF APPROVAL SA 83-5 1. If the above referenced SA 83-5 application is approved, applicant and/or property owners shall comply with all applicable City Ordinances and Resolutions. 2. Approval of Site and Architectural Development Plan shall expire, if not used, one year from date of approval unless application is made prior to expiration for an extension not exceeding one year. 3. All improvements shall be installed to the satisfaction of the City Engineer. THIS APPROVAL IS NOT EFFECTIVE UNTIL THIS FORM IS SIGNED AND RETURNED TO THE CITY PLANNING DEPARTMENT. ACCEPTANCE OF CONDITIONS I am the owner of the property described above. I am aware of and accept all of the conditions set forth herein. It is further understood that all of the aforementioned conditions which require installation of improvements shall be completed in a manner satis- factory to the Planning Department of the City of Grand Terrace and shall not be deemed complete until approved an�accept as completed by said Department. Signatcrfe of -cant or agent Date , EXHIBIT A CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92324 NOTICE OF PREPARATION OF NEGATIVE DECLARATION WATER STORAGE RESERVOIR CONSTRUCTION NOTICE IS HEREBY GIVEN that the City Council of the City of Grand Terrace (the "Agency") proposes to undertake a Project generally described as follows: Replacement of an existing 100,000 gallon reservoir with a 300,000 gallon reservoir at the site of the existing facility. NOTICE IS FURTHER GIVEN that the Agency has received and reviewed an initial study on said Project, pursuant to the Environmental Quality Act of 1970 and guidelines adopted in accordance therewith. NOTICE IS FURTHER GIVEN that the Agency, based upon the initial study, made findings and determinations that the Project will not have a significant effect upon the environment for the reasons set forth as follows: 1. That the Project will not be growth inducing; 2. That the Project has been adequately addressed in prior environmental evaluations; 3. That the negative impacts of the Project, if any, will be short-term during the construction phase and can be mitigated by property construction practices; and 4. That the initial study shows that there is no substantial evidence that the project may have a significant effect on the environment. NOTICE IS FURTHER GIVEN that this Notice of Preparation of Negative Declaration is based upon certain documents described as follows and available for review in the City Clerk's Office: 1. Map showing location of the Project; 2. Initial Study to determine environmental effects. NOTICE IS FURTHER GIVEN that not less than a fifteen (15) day period has been given for review and comment on this Notice of Preparation of Negative Declaration and that written comments on any matters material thereto shall be received, by personal delivery or mail, at the place and not later than the the time specified as follows: TIME PLACE 5:00 p.m. City of Grand Terrace November 7, 1983 22795 Barton Road Grand Terrace, CA 92324 NOTICE IS FURTHER GIVEN that, after expiration of the time for review and comment, the Agency shall consider any written comments material to this Notice of Preparation of Negative Declaration. NOTICE IS FURTHER GIVEN that any interested person may review any and all documents incident to this Notice of Preparation of Negative Declaration or obtain copies hereof, at the actual cost of reproduction, during regular business hours at the location specified as follows: City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 NOTICE IS FURTHER GIVEN that, if any public agency or interested person or organization fails to submit written comments on this Notice of Preparation of Negative Declaration within the time specified herein, it shall be pre- sumed, without a written request for a specific extension of time to review and comment together with the reasons therefor, that such agency or person or organization has no comment to make. The granting or denial of an exten- sion of time for review and comment shall be completely within the discretion of the Agency. DATED: October _4e), 1983. -2- Environmental Officer, AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss. CITY OF GRAND TERRACE ) - I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, being first duly sworn, depose and say: That I, at all times herein mentioned, was and now am the duly qualified City Clerk of the City of Grand Terrace, State of California; that on the 21st day of October , 1983 , I caused to be posted in three conspicuous public places, as required by law - NOTICE OF PREPARATION OF NEGATIVE DECLARATION WATER STORAGE RESERVOIR CONSTRUCTION. (1) City Hall (2) Grand Terrace branch of the Colton Post Office (3) Terrace Hills Community Park 4,Aj— f4.4"() ow MYRNA ERWAY City Clerk City of Grand Terrace CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, California 92324 NOTICE OF DETERMINATION Honey Hills Reservoir Lead Agency: City of Grand Terrace (the "Agency") Person to Contact: The name, address and telephone number of the person to contact on any matter incident to this environmental evaluation is set forth as follows: City of Grand Terrace 22795 Barton Road Grand Terrace, California 92324 Attn: Seth Armstead, City Manager Project Title: Honey Hills Reservoir Description of The Project may be generally described Project: as follows: Replacement of an existing 100,000 gallon reservoir with a 300,000 gallon reservoir at the site of existing facility. Findings and The Agency has made findings and Determinations: determinations: 1. The Project will not be growth inducing; 2. The Project has been adequately addressed in prior environmental evaluations; 3. The negative impacts of the Project, if any, will be short-term during the construction phase and can be mitigated by proper construction practices; and 4. The Project could not have a significant effect on the environment. Mitigation Measures: Mitigation measures are attached and made a part of the Initial Study, Exhibit "A". Approval of Project: Environmental Impact Report: Negative Declaration: Documents: DATED: The Agency approved the Project on: No environmental impact report has been prepared pursuant to the California Environmental Quality Act. A negative declaration has been issued pursuant to the California Environmental Quality Act. A copy of the negative declaration is attached hereto and made a part hereof. Copies of all documents incident to the environmental evaluation of this Project may be obtained, at the cost of reproduction, or inspected at the Office of the Agency. CITY OF GRAND TERRACE By: Environments Officer Grand Terrace Planning Commission Minutes of Regular Meeting November 7, 1983 The regular meeting of the Grand Terrace Planning Commission was called to order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California on November 7, 1983 at 7:00 p.m. by Chairman Sanford L. Collins. PRESENT: Sanford L. Collins, Chairman John McDowell, Vice Chairman Norm Caouette, Commissioner Gerald Cole, Commissioner Jerry Hawkinson, Commissioner Ray Munson, Commissioner William De Benedet, Commissioner Tim D. Serlet, Planning Staff ABSENT: Winifred Bartel, Commissioner (Excused) Vern Andress, Commissioner (Excused) PLEDGE OF ALLEGIANCE: Ledby Jerry Hawkinson MINUTES: Motion by Commissioner De Benedet, seconded by PCM 83-63 Commissioner Munson, passed by 6-0 vote to approve the minutes of October 3, 1983, as submitted. Commis- sioner McDowell abstained from voting. PCM 83-64 Motion by Vice Chairman McDowell, seconded by Commissioner De Benedet, and passed by a 7-0 vote to approve the minutes of the joint meeting with the City Council on September 8; 1983, as submitted. NEW BUSINESS . Item No. 2 SA 83-4, 15 Lots of Record, Tract 9482 Mr. Tim D. Serlet, Planning staff, presented the staff report. The Planning Commission had no questions for the staff and Chairman Collins requested the applicant to address the Commission. Mr. Carl Keller, project manager for Griffin Homes, explained the project and Invited questions from the Commission. Chairman Collins asked who the 100 foot easement was in favor of. Mr. Keller - responded that the easement was In favor of the State of California Department of Water Resources. Page 1 of 3 Commissioner De Benedet inquired about the maintenance of the easement and the amount of overhang on the houses. Mr. Keller responded that the individual property owners would be responsible for maintaining that portion of the easement on their property. He also stated that the overhang on the proposed houses was larder than on the houses they presently have under construction in the City of Grand Terrace. Commissioner McDowell questioned the roofing material. Mr. Keller stated that it would be barrel tile. Chairman Collins opened and closed the public hearing with no one speaking for or against the project. PCM 83-65 Motion by Commissioner Caouette, seconded by Commissioner Hawkinson, and passed by a 7-0 vote to approve the site and architectural develop- ment plan 83-4, including the findings as written in the staff report and subject to the conditions recommended by staff. Item No. 3 Site and Architectural Review 83=5, Honey Hills Reservoir Mr. Tim D. Serlet, Planning staff, presented the staff report. The Planning q Commission questioned the staff in regards to the existing slopes-.' The staff J responded that with the exception of the pad area, the surrounding slopes were very steep. Commissioners De Benedet and Munson questioned Mr. Dale Griffin, the applicant, as to why they were replacing the old tank and how the water system would work in the interim. Mr. Griffin responded that the new tank will help serve the new homes in Tracts 9772 and 9773. Mr. Griffin also responded that his contractor will provide an interim pressure vessel to insure adequate pressure during construction. The Planning Commission then requested the staff to address the access to the site and the height of the tank. Staff responded that the new tank is 8 feet higher than the old one and that the developer will need to provide permanent access. Commissioner De Benedet requested the developer to give consideration to Italian Cypress trees as part of the landscaping plan. Commissioner Munson asked the developer how long the construction would take. Mr. Keller, Mr. Griffin's representative, expected a construction time of 90 days. Chairman Collins opened and closed the public hearing with no one speaking for or against the project. Page 2 of 3 Minutes of Planning Commission November 7, 1983 Grand Terrace a PCM 83-66 Motion by Commissioner Munson, seconded by Commissioner McDowell, and passed by a 7-0 vote to adopt the negative declaration and approve site and architectural development plan SA 83-5, including the findinqs as written in the staff report and the conditions recommended by staff, subject to ratification of the negative declaration by the City Council. I tem No. Variance for Sign Permit at 22365 Barton Road Mr. Serlet, Planning staff, presented the staff report at the request of Chairman Collins. Chairman Collins requested the staff recommendation. Staff recommended denial _ of the variance. Chairman Collins requested the applicant to address the Commission. Mr. Bin► Beckman, the building manager leasing agent, addressed the Commission. Mr. Beckman felt the sign was necessary to provide all his tenants with adequate signage. Mr. Robert Keeney gave a brief history of the problems he encountered with signing when he owned the building in question. Mr. David Ter Best, tenant at 22365 Barton Road, spoke in favor of granting the variance. The Planning Commission discussed the variance request and sign ordinance amonq themselves. PCM 83-67 Motion by Commissioner Cole, seconded by Commissioner Caouette, and passed by a 4-3 vote to reject the vari- ance from Chapter 23 of Ordinance 57 for a sign at 22365'Barton Road. Chairman Collins, Vice -Chairman McDowet1 and Commissioner Hawkinson voted against the motion. Adjournment Chairman Collins adjourned the meeting at 8:02 p.m. ,Respectf y submitted by: rv.%seph i ak, Planning Director Page 3 of 3 Minutes of Planning Commission November 7, 1983 Grand Terrace Approved: r SanfqA L. Collins, Chairman