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03/23/1995FILE COPY 22795 Barton Road Grand Terrace ter' California 92313-5295 4 Civic Center (909)824-6621 Fax (909) 783-7629 Fax (909) 783-2600 ' Byron R. Matteson r Mayor i Gene Carlstrom Mayor Pro Tempore �. Herman Hilkey Jim Singley _ Dan Buchanan Council Members Thomas J. Schwab City Manager March 23, 1995 CITY OF GRAND TERRACE Regular Meetings 2nd and 4th Thursday - 6:00 p.m. Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS MARCH 23, 1995 GRAN,, , 7x::.RACE CIVIC CENTER koo P.M. 22795 Barton Road * Call to Order - * Invocation - Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church of Grand Terrace 4 * Pledge of Allegiance - * Roll Call - n AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY Approve 1. Approval of 03/09/95 Minutes 2. Approval of Check Register No. CRA032395 Approve 3. Statement of Investment Policy Adopt 4. CLOSED SESSION - Real Estate Negotiation (12569 Michigan) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Recycling Family of the Month - February 1995 B. Proclamation - Architecture Week March 26 - April 1, 1995 3. CONSENT CALENDAR The following Consent Calendar items are expected to be roythne & noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council- men*r, Staff Member, or Citizen may request removal of an ite�?from the Consent Calendar for discussion. Approve A. Approve Check Register No. 032395 B. Ratify 03-23-95 CRA Action C. Waive Full Reading of Ordinances on Agenda PENDING C R A APPROVAL. CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - MARCH 9. 1995 xR A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, wa3teld in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Te c �et California, on March 9, 1995 at 6:00 p.m. .. PRESENT: Byron R. Matteson, Chairman Gene Carlstrom, Vice -Chairman Jim Singley, Agency Member Dan Buchanan, Agency Member Thomas J. Schwab, Executive Director Brenda Stanfill, Secretary John Donlevy, Assistant City Manager Bernard Simon, Finance Director Patrizia Materassi, Community Development Director Lt. Greg Kyritsis, Sheriffs Department Jim Winkler, Attorney ABSENT: Herman Hilkey, Agency Member 6 APPROVAL OF FEBRUARY 23, 1995 CRA MINUTES CRA-95-18 MOTION BY AGENCY MEMBER SINGLEY, SECOND BY AGENCY MEMBER BUCHANAN, CARRIED 4-0-1-0 (AGENCY MEMBER HILKEY WAS ABSENT), to approve the February 23, 1995 CRA Minutes. APPROVAL OF CHECK REGISTER NO CRA030995 CRA-95-19 MOTION BY AGENCY MEMBER SINGLEY, SECOND BY VICE- CHAIRMAN CARLSTROM, CARRIED 4-0-1-0 (AGENCY MEMBER HILKEY WAS ABSENT), to approve Check Register CRA030995. Chairman Matteson convened CRA meeting at 6:15 P.M. Chairman Matteson Reconvened CRA meeting at 7:39 P.M. CLOSED SESSION r �.. Real Estate Negotiations (22797 & 22799 Barton Road Chairman Matteson, reported that the Agency met in closed session to discuss a Real Estate Negotiations at 22797 & 22799 Barton Road, no decision was made. C R A AGENDA ITEM NO. l r C ENDING C R A .. PROVAL ;. CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: MARCH 23, 1995 CHECK REGISTER NO.032395 OUTSTANDING DEMANDS AS OF: MARCH 23, 1995 CHECK NO. VENDOR DESCRIPTION P10230 RIVERSIDE HIGHLAND WATER WATER FOR 22610 RAVEN WAY AND 22381 VAN BUREN P10231 STATE COMPENSATION INSURANCE WORKERS' COMPENSATION INSURANCE,3/95 P10239 RALLY CAPPIELLO HOUSING CODE ENFORCEMENT INTERN,2/27-39/95 AND REIMBURSEMENT FOR LOCAL MILEAGE P10243 CASH CASHIERS CHECK GUARDIAN ESCROW TO PURCHASE HOUSE AT 11695 CANAL 31225 DAN BUCHANAN STIPENDS FOR MARCH,1995 n 31228 GENE CARLSTROM STIPENDS FOR MARCH,1995 31231 COMP USA PORTION OF PURCHASE PRICE FOR LASER PRINTER a 31236 ifl CITY OF GRAND TERRACE WASTE WATER DISPOSAL SERVICES,22610 RAVEN 31239 0 AHERMAN HILKEY STIPENDS FOR MARCH,1995 a 4 3 31242 tINLAND COUNTIES INSURANCE LIFE INSURANCE FOR APRIL,1995 31250 ?� BYRON MATTESON STIPENDS FOR MARCH,1995 ' 31254 Q PACIFICARE CALIFORNIA HEALTH INSURANCE FOR APRIL,1995 31257 PRUDENTIAL SERVICE BUREAU HEALTH NETWORK INSURANCE FOR APRIL,1995 AMOUNT $ 42.13 122.64 273.42 68,730.00 150.00 150.00 1,746.26 24.00 150.00 26.21 150.00 254.67 65.91 DATE: March 16, 1995 STAFF REPORT'' CRA ITEM (xx) COUNCIL ITEM ( ) MEETING DATE: March 23, 1995 SUBJECT: STATEMENT OF INVESTMENT POLICY FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF GRAND TERRACE In past years Government Code required the Agency Treasurer to render to the governing body an Annual Statement of Investment Policy. This code has sunset and it is no longer a requirement. However, staff feels that it is still good practice to bring the policy before the Agency each year, and shall continue to do so. The policy was revised in 1992 after a sub -committee was appointed to study the Agency's investment policy. At that time the policy was revised to increase the' level of safety in the investment of Agency funds, with an emphasis on prohibition of outside investment advisers and the utilization of our own bank which eliminated the use of unknown third parties in transactions. This same Policy has been in effect since those changes were made, and continues to be a conservative Policy which maintains a sufficient liquidity for ongoing cash needs while yielding a fair market. STAFF RECOMMENDS THAT: THE AGENCY ADOPT THE ATTACHED INVESTMENT POLICY FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF GRAND TERRACE. 1 t C R A AGENDA ITEM NO. J CRA FOR THE CITY OF GRAND TERRACE STATEMENT OF INVESTMENT POLICY SAFEKEEPING Securities purchase from broker dealers shall be held party safekeeping by the Trust Department of the Agency' bank, currently Bank of America, Grand Terrace Branch. PAGE TWO a in th,�d s primary The Agency strives to maintain the level of investment of all funds tftv as near 100 percent as possible. Idle cash management and investment transactions are the responsibility of the Finance Department under the direction of the Agency Treasurer. The Agency will prohibit the utilization of outside investment advisors. u The basic premise underlying the Agency's Investment Policy is to ensure the absolute safety of the portfolio, maintaining sufficient liquidity for ongoing cash needs while achieving the highest return possible. Thomas Schwab, Agency Treasurer COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF GRAND TERRACE ",;a— t � `' �^ � ,1; � it � � it ,' � • � ; � r � � � � � j` t y 1 � � n• �` � —1' �� , I, . r .1 '^+ �� (� n �7 l�� � �r � ��+ �rj.� 1 �`' i � ,:��j,r �r999 '�' •... �^ } .1rJ�,J 1 : �. ] )9t!! {ii� {[� � r 1Vr n + 1111y r �` � 1 1 t1• { / � i/ � � �7! ' f � .r 7 r T � ,1 �1 : Z y� .�. ,11.i 0 fd 7 ARCHITECTURE WEEK March 26 - April 1, 1995 WHEREAS, Architecture in the daily lives of all Californians through the definition and enhancement of the areas in which we work, play and live; and WHEREAS, more than 15, 000 licensed architects practice in California and are entrusted by the state to protect public health, safety, and welfare through their concern for, and understanding of, such important issues as seismic safety, growth management, accessibility for people with disabilities, historic preservation, energy conservation, housingfor the homeless, and the sensitivity of the relationship between nature and the built environment; and WHEREAS, California architects have been recognized as forerunners of architectural design in the United States and have helped create Califonua'sunique visual character through their innovative and responsive designs of public and piiNats spaces; and WZUVM 4 Architects have worked with teachers to establish a built environment eguatioa progrms in California's -public schools to teach young people about the relationship between people and their built environments; and WHEREAS theAmencan Institute of Ardulects, Califormia Council "MCC), in representing architects and the architectural profession in- California, has worked in concert with other organizations in the design and constructions industry to endeavor to streamline the state government's regulation of their industries; and WHEREAST Architects at local AIA chapters have worked diligently to represent architects and the arehitec wal professioes and to serve the public interest on such issues as community disaster assistan cee following earthquakes and fires; managing growth, housing the homeless, and preserving the architectural heritage of our communities; NOW, THEREFORE, I, Byron R. Matteson, Mayor of the City of Grand Terrace, on behalf of the City Council; do hereby recognize Mann 26 through April-I,1995, as Architectur+c Week, and urge all Citizenr to become aware of arehitedure, architectural design, and thearchiteds who helped to shape our budtand natural environments_ Mayor of the City of Gear.,_ Terrace and of the City Council thereof_ This ?Srd dap of March; 1995. EMMKI l C �— c PENDIA -ITY COUNCIL APPROVAL CITY OF GRAND TERRACE 1 � k 5 91 DATE: MARCH 23, 1995 CHECK REGISTER NO:032395 OUTSTANDING DEMANDS AS OF: MARCH 23, 1995 CHECK NO, P10222 P10223 P10224 P10225 P10226 P10227 P10228 P10229 P10230 P10231 P10232 P10233 P10234 P10236 VENDOR BERNARD SIMON SOUTHERN CA EDISON COMPANY SOUTHERN CA GAS COMPANY COMCAST CABLEVISION SOUTHERN CA EDISON COMPANY SOUTHERN CA GAS COMPANY COMCAST CABLEVISION PERS RIVERSIDE HIGHLAND WATER DESCRIPTION BIRTHDAY BONUS CASH PAYMENTS FOR 3/3/95 CASH PAYMENTS FOR 3/3/95 CASH PAYMENTS FOR 3/3/95 CASH PAYMENTS FOR 3/7/95 CASH PAYMENTS FOR 3/7/95 CASH PAYMENTS FOR 3/7/95 RETIREMENT FOR PAYROLL ENDING 2/24/95 WATER FOR CITY OWNED FACILITIES, PARKS, AND MERIDIANS STATE COMPENSATION INSURANCE WORKERS' COMPENSATION INSURANCE,MARCH,1995 ,SOUTHERN CA EDISON COMPANY CASH PAYMENTS FOR 3/9/95 aR (SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 3/9/95 COMCAST CABLEVISION CASH PAYMENTS FOR 3/9/95 KAZ HURLBURT PARTING GIFT FOR SHARON KORGAN AMOUNT $ 50.00 741.41 891.99 251.79 711.20 364.16 25.68 4,588.18 3,827.02 1,333.48 498.68 361.16 281.04 129 ,29 c C CITY OF GRAND TERRACE DATE: MARCH 23, 1995 CHECK REI,ISTER NO: 032395 r OUTSTANDING DEMANDS AS OF: MARCH 23, 1995 CHECK NO. VENDOR DESCRIPTION AMOUNT 31225 DAN BUCHMAN STIPENDS FOR MARCH,1995 $ 300.00 31226 CA MUNICIPAL TREASURERS TREASURER'S HANDBOOK 48.49 31227 STATE OF CALIFORNIA ELECTRIC FOR BARTON/215,JAN.1995 85.00 31228 GENE CARLSTROM STIPENDS FOR MARCH,1995 300.00 31229 CHEM-LITE INDUSTRIES TRASH LINER,STREET MAINTENANCE 252.89 31230 CITY OF COLTON WASTE WATER DISPOSAL SERVICES,MARCH,1995 51,528.64 31231 COMP USA PORTION TO PURCHASE LASER PRINTER 509.37 31232 DICKSON COMPANY STREET SWEEPING,FEB.1995 1,381.81 31233 DUNN-EDWARDS CORP. PAINT SUPPLIES,MAINTENANCE 24.62 31234 EASTMAN KODAK COMPANY MAINTENANCE ON KODAK COPIER,FEB.1995 254.39 31235 KAREN GERBER CA PARKS/RECREATION CONFERENCE 34.00 31237 SHARPER & BURNS LEGAL SERVICES FOR FEB.1995 2,190.50 31238 WILLIAM HAYWARD INSTRUCTOR,KARATE AND TODDLERATE 1,648.40 1 31239 HERMAN HILKEY STIPENDS FOR MARCH,1995 300.00 31240 HOUSTON HARRIS HYDROWASHING SEWER LINES 11,418159 31241 HYDRO-SCAPE PRODUCTS IRRIGATION SUPPLIES FOR PARKS 115.51 c c CITY OF GRAND TERRACE 5 4" : DATE: MARCH 23, 1995 CHECK REG STER NO:032395 OUTSTANDING DEMANDS AS OF: MARCH 23, 1995 CHECK NO. VENDOR DESCRIPTION AMOUNT 31258 ROQUET PAVING, INC. REMOVE DRIVEWAY MIRIAM WAY/ARLISS AND PATCH STREETS,VARIOUS LOCATIONS $ 2,798.90 31259 SHERIFF GARY PENROD LAW ENFORCEMENT/CRIME PREVENTION OFFICER, APRIL, 1995 74,626.00 31260 SAN BERNARDINO MEDICAL PRE —EMPLOYMENT PHYSICAL,CHILD CARE 76.00 31261 JAMES SINGLEY STIPENDS FOR MARCH,1995 300.00 31262 SOUTHERN CA EDISON ELECTRIC FOR CITY OWNED FACILITIES,SIGNAL, AND MERIDIANS 3,332.90 31263 STAPLES OFFICE SUPPLIES 364.23 31264 THE SUN NOTICE, PUBLIC HEARING, PERSONNEL AD, AND CITY HALL SUBSCRIPTION 423.51 31265 THOMAS,BIGBIE & SMITH BALANCE DUE FOR AUDIT,1993-1994 3,200.00 31266 MICHAEL TODD OPEN/CLOSE PICO PARK, FEB.1995 167.50 31267 tTOYS R US PROGRAM SUPPLIES, CHILD CARE 757.19 31268 '" s ,TRI—COUNTY OFFICIALS UMPIRES, SLO—PITCH SOFTBALL 180.00 31269 UGLY DUCKLING RENT A CAR RENT VAN, CHILD CARE — 289.95 31270 UNDERGROUND SERVICE ALERT MEMBERSHIP FOR ONE YEAR, ALERT NOTIFICATION FOR FEB.1995 254:50 CITY OF GRAND TERRACE PENDING CITY -- COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR COUNCIL MEETING - March 9, 1995 A regular_m— � ng of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, Califo�nia, on March 9, 1995 at 6:00 p.m. a PRESENT: Byron R. Matteson, Mayor Gene Carlstrom, Mayor Pro Tempore Jim Singley, Councilmember Dan Buchanan, Councilmember Thomas J. Schwab, City Manager Brenda Stanfill, City Clerk John Donlevy, Assistant City Manager Patrizia Materassi, Community Development Director Bernard Simon, Finance Director Lt. Greg Kyritsis, Sheriff's Department Jim Winkler, Attorney ABSENT: Herman Hilkey, Councilmember The meeting was opened with invocation by Pastor Tom Comstock, Assembly of God Church of Grand Terrace, followed by the Pledge of Allegiance led by a local Boy Scout from Troop 373. Mayor Matteson convened City Council meeting at 6:00 P.M. Mayor Matteson reconvened City Council meeting at 6:15 P.M. SPECIAL PRESENTATIONS 2A. Commendation - Sharon Korgan, Community Services Officer Mayor Matteson read and presented Sharon Korgan with a commendation. Sharon Korgan, Community Services Officer, thanked the Mayor, Council, Staff, Citizens and the Sheriffs Department for all of their support throughout the years, and invited everyone to her retirement party on March 17, 1995. 2B. Proclamation - Campfire Birthday Week March 13 - 19. 1995 6 Mayor Matteson read and presented the Campfire Boys and Girls with a proclamation and a City pin. Greg s, Boy Scout, 22650 Desoto Street; Grand Terrace, stated that the Boy Scouts were attending the meeting so that they can receive a Merit Badge for Citizenship in the Community. Mayor Matteson, stated that they were attending so that they can understand a COUNCIL AGENDA REM #,jD 03/09/95 Council Minutes Page 3 D. APPROVE 02/23/95 MINUTES E. ACCEPT STREET DEDICATION - 11881 PRESTON PUBLIC C"' '-�VIENT t Don Larkin, President, Grand Terrace Area Chamber of Commerce, 22795 Barton R$ad, Building 2; Grand Terrace, reported on the status of relocating the Chambe?',*df Commerce. He proposed that the City and the Chamber of Commerce go into a formal agreement whereby the Chamber of Commerce will present to the City a list of items that the Chamber will do, the City would look at the list and decide which items they would be interested in funding, if it is sufficient and acceptable to both parties the Chamber of Commerce and the City would enter into a contractual agreement. The City receives tangible benefits, actual deliverables to what they have contracted for. Mayor Matteson, responded that the City has always been willing to talk to and support the Chamber in many different ways. He stated that the City Council is willing to work with the Chamber and further stated the importance of communication. Councilmember Singley, stated that he thought that it was always the wish of the Chamber of Commerce to be in a store front building to better represent the businesses in the community. Don Larkin, responded that a contractual agreement would be a very reasonable way to go about getting what the City and the Chamber wants, if the City doesn't receive what they are contracted for the Chamber of Commerce doesn't get paid. He also responded that the store front location is very workable, however, unless they are able to man the office the chamber will not be able to function. Mayor Matteson, asked Mr. Larkin whether or not they have had an opportunity to locate a building to relocate to. Don Larkin, responded that he has been working with Mayor Pro Tem Carlstrom. Mayor Matteson, suggested that two people from the Chamber of Commerce meet with the City Manager and the Mayor, to work out a proposal to bring back to the City Council. Don Larkin, asked again if the City is willing to support the Chamber of Commerce financially. Mayor Matteson, stated again that the City supports the Chamber of Commerce and always has, the issue is money. They will look at what can be done with what is avAlable. Councilmember Singlet', stated that he has a lot of faith in Mr. Larkin and looks fdrward to seeing what will be proposed by the Chamber. Don Larkin, responded that he understands the financial position the City is in, and 03/09/95 Council Minutes Page 5 Mayor Pro Tem Carlstrom, reported on the rains and commended the Assistant City Manager and his staff for the work they have performed during the storms. :,ouncilmember Buchanan, reported that Grand Terrace Days will be June 10, 1995, with the parade and fair being on the June 10, 1995. ApplicatioYm, are available at City Hall for people wanting to participate in the fair or parade. � He thanked Sharon for all of her work that she puts forth for Grand Terrace Drays`. He also reported on a letter he received from a citizen regarding a neighborhood watch program that Sharon put on and how pleased he was. He stated that he would like to meet with the Chamber of Commerce along with the City manager and Mayor. Councilmember Singh, reported that he attended a SANBAG meeting on March 1, 1995, and will be attending a training session at the end of the month with SANBAG. He also reported on the Home Rehabilitation Program which improves the neighborhood and reduces blight, and commended Margie Ayars, Housing Specialist on a job well done. PUBLIC HEARING 6A. An Ordinance of the Citv Council of the Citv of Grand Terrace Amending the Grand Terrace Municipal Code by providing, Standards for the Regulation of Adult Business and Limiting them in a Designated Adult Business (AB) Overlay Zone: Providing for Licensing and Regulation of Adult Businesses: Providing Additional Health and Safety Regulations for Adult Businesses: and Reneal_g Sections Inconsistent Therewith. Mayor Matteson opened discussion to the public, there being none, he returned discussion to Council•. CC-95-22 MOTION BY COUNCILMEMBER SINGLEY, SECOND COUNCILMEMBER BUCHANAN, CARRIED 4-0-1-0 (COUNCILMEMEBR HICKEY WAS ABSENT), to approve the first reading of the Adult Entertainment Ordinance and the amended Negative Declaration and direct staff to process a General Plan amendment to amend the Industrial Districts. UNFINISHED BUSINESS 7A. Multi -Hazard Preparedness Plan Resolution Assistant City Manager Donlevy, reported that the Multi -Hazard Preparedness Plan was not ready for adoption due to changes in certain organizations within San Bernardino County. Staff will be making modifications and will bing - back rw to Council at a later date. He reported on what staff is doing to prepare the City for different types of disasters. Mayor Matteson, questioned the difference in the Multi -Hazardous Preparedness Plan compared to what we already have at this time. DATE: March 16, 1995 STAFF REPORT. CRA ITEM ( ) COUNCIL ITEM (xx) MEETING DATE: March 23, 1995 SUBJECT: STATEMENT OF INVESTMENT POLICY fftr FOR THE CITY OF GRAND TERRACE In past years Government Code required the City Treasurer to render to the governing body an Annual Statement of Investment Policy. This code has sunset and it is no longer a requirement. However, staff feels that it is still good practice to bring the policy before Council each year, and shall continue to do so. The policy was revised in 1992 after a sub -committee was appointed to study the City's investment policy. At that time the policy was revised to increase the level of safety in the investment of City funds, with an emphasis on prohibition of outside investment advisers and the utilization of our own bank which eliminated the use of unknown third parties in transactions. This same Policy has been in effect since those changes were made, and continues to be a conservative Policy which maintains a sufficient liquidity for ongoing cash needs while yielding a fair market. STAFF RECOMMENDS THAT: THE CITY COUNCIL ADOPT THE ATTACHED INVESTMENT POLICY FOR THE CITY OF GRAND TERRACE. E t COUNCIL AGENDA REM# 3E CITY OF GRAND TERRACE STATEMENT OF INVESTMENT POLICY SAFEKEEPING PAGE TWO Securities purchase from broker dealers shall be held party safekeeping by the Trust Department of the City's bank, currently Bank of America, Grand Terrace Branch. a in the Td primary The City strives to maintain the level of investment of all funds �Mw as near 100 percent as possible. Idle cash management and investment transactions are the responsibility of the Finance Department under the direction of the City Treasurer. The City will prohibit the utilization of outside investment advisors. The basic premise underlying the City's Investment Policy is to ensure the absolute safety of the portfolio, maintaining sufficient liquidity for ongoing cash needs while achieving the highest return possible. Thomas Schwab, City Treasurer CITY OF GRAND TERRACE CITY OF GRAND TERRACE -- CRIME PREVENTION COMMITTL�EI�Ep Regular Meeting MAR 14 1995 MINUTES DEPT. February 13, 1995 �,Ty CLERK' S The Cn Tar: use Crime Prevention Committee met at it's regular monthly meeting at the d�gy meeting place, the Senior Center. Meeting was called to order at 6:02 PM. a MEMBERS PRESENT were JoAnn Johnson, Bitsy Miller, Dottie Raborn, Phil Spisak, Mike Fasenmyer, Harold Lord, Tim Cook and Dick Rollins. t, _ MEMBERS ABSENT - None. CITY STAFF - None. - GUESTS PRESENT, Ed ONeal, former member and applicant for Alternate Position. AGENDA was approved with the addition under New Business of "Consider Application of Ed ONeal." and also "Consider assigning new officer positions." 1VIINUTES of January 9th were approved with the addition of Harold Lord to Members Present. PUBLIC COMMENT - None. BUDGET - Entire Crime Budget discussed only briefly. CSO REPORT was not available: However, Dottie Raborn indicated that letters have been sent out to applicants of both the parade and fair for Grand Terrace Days. Applications went to those who participated last year and to those who wished to apply newly this year. The Grand Marshall will be a benefit fund raiser contest and will be a local person. Citizen Patrol will probably not be able to hold another Academy before Sharon Korgan leaves because of a shortage of applicants. Phil Spisak expressed plans to enlarge the finger printing program to include other interested citizens. Special emphasis will be given to Senior Safety. Folders will include medical information and be reducible to wallet size. She would like to present this program at a Seniors General Meeting and continue it at community functioi s such as Grand Terrace Days. Member reports included: *fie F,� er recounted & conversation with a new employee in Grand Terrace who was concerned with the repoart, of crimes in the city. Mike would hle to see more community involvement in Crime Prevention in the city` , fe indicated the Sheriffs Advisory Committee has not met in a long time He would like: to see the city set a standard for safety in the state He would like to talk about this more *Dick Rollins indicated that the focus of this Committee is going to include more direct involvement with Law Enforcement. t *Harold Lord was upset because the previously planned meeting with W. Schwab had not taken place. After much discussion on the subject, a motion by Phil Spisak and second by Bitsy Miller instructed the secretary to write a letter to W. Schwab inviting him to our next meetin to Pie of th Previously raised, as well as others that will come up. Motion passU ft A CI HISTTORICAL & CULTURAL ACTIVITIES COMMITTEE MINUTES OF THE MARCH 1995 MEETING RECEIVED M :1TY CLERK'S DEPT• The meeting was called to order at 7 PM by Chairman Vi Grats-on. Those present were Irene Mason, Hannah Laister, Ann Petta, a John Donlevy, Colleen Edmundson, and Pauline Grant. The Secretary's report for February was read and approved on motion by Ann, sesconded by Colleen. Treasurer's report shows a balance of $878.59. John presented a report of expenditures broken down by item, etc. Old Business: Art Show: Flyers for the show are ready to go out with the sewer billings. 25 posters will be made instead of 30. All members should try to recurit new peoiple to enter the show. There was a very nice write-up in the City News Letter. New Business: Ann turned in a wooden sign "Blue Mountain.Rancho" originally belonging to a Dr. Townsend. who built homes in the area, one of which belongs to Councilman Herman Hilkey. She also turned in a very worn satchel belonging to the doctor. These items were donated by Lawrence Halvin who bought the items at a garage sale. Tape #15 has been completed and give to Ann for correction. John suggested an historical display for items we now have for placement in the atrium inside City Hall. The Committee will try to get photos of President Clintons's visit to S.B. Valley College - this was attended by Grand Terrace resident Barbara Fasenmyer among others. An invitation was received by the members for the retirement party of Sharon Korgan. The next meeting will be April 3rd. at 8:40 PM. Respectfully submitted, •.n Hannah Laister, Sectd�ary The meeting was adjourned E t COUNCIL AGENDA ITEM #,�A,2,1-'i ORDINANCE NO. x AN ORDINANCE OF THE City Council OF THE CITY OF a GRAND TERRACE AMENDING THE GRAND TERRACE MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES AND LIMITING THEM IN A DESIGNATED ADULT BUSINESS (AB) OVERLAY ZONE; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH THE City Council OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Grand Terrace does hereby find, determine and declare that: A. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of adult -oriented businesses in the City of Grand Terrace. It is recog- nized that adult -oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of adult -oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the. operation of adult -oriented businesses, and maintain local property values. B. It is recognized that adult -oriented businesses, due to their nature, will effect significant changes in vehicular traffic, noise, pedestrian safety, air quality, paridng, neighborhood character, and will create a demand on public safety and emergency services; and will have an adverse impact upon real estate values in the City of Grand Terrace. C. It is the purpose and intent of this Ordinance to establish proper regulations and to , vide for a reasonable number of appropriately located sites for adult -oriented busi- nesses I the City of Grand Terrace, based upon the following findings: s: (1) The City Council in adopting this Ordinance takes Legislative Notice of the existence and content of the following studies that substantiate the adverse, secondary effects of adult -oriented businesses: f COUNCIL AGENDA rmm # r]A (6) It is the purpose and intent of these special regulations to prevent the concentration of adult -oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the - public health, safety, and welfare of the citizenry, especially mingrrss, the special regulation of the time, place, and manner of the location', and operation of adult -oriented businesses is necessary.„ (7) The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult -oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other adult -oriented businesses. In preparation of this Ordinance, the City of Grand Terrace has taken the location of residential, religious, educational, recreational and other adult -oriented businesses into consideration and has endeavored to minimize the effect that adult -oriented businesses have upon those sensitive areas and upon the community in general. (8) The need to regulate the proximity of adult -oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other adult -oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. (9) The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indi- cates that: (a) Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an incmase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, (b) The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can r have the impact of several separate businesses. 3 interest. (16) The City Council of Grand Terrace consistent with sale and consumption of alcohol and outside advertising limitations further finds that ad#�.tional regulations, including restricted hours of operation will further prev- the adverse secondary effects of adult -oriented businesses.„ (17) The City Council of Grand Terrace desires to protect the rights conferred by the United States Constitution. As such, the Council does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown as associated with the development and operation of adult -oriented businesses. (18) It is not the intent of the City Council of Grand Terrace under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in Grand Terrace. (19) It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the adverse secondary effects of adult -oriented businesses. SECTION 2. Chapter 17.70 "Adult Business Regulations" of the Grand Terrace Municipal Code is hereby amended in its entirety to read as follows: 18.70.002 18.70.004 1..70.006 1 .70.008 18.J.0.010 18.7b.012 18.70.014 "Chapter 17.70 ADULT BUSINESS REGULATIONS Purpose and Intent. Definitions. Restriction to Adult Business Statements and Records. (AB) Overlay Zoning Districts. Conditional Use Permit Required. Time Limits For Action On Conditional Use Permit. Sale/Serving of Alcohol and Intoxicated Persons. 5 18.70.004 Definitions. The following words and phrases shall, for the purposes of this Chapter, by defined as follows, unless it is clearly apparent from the context that another meaning is intended. a (1) Adult Arcade. An establishment where, for any form of consideration, ono,or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are ibr characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas;' (2) Adult Bookstore or Adult Video Store An establishment which has as a regular and substantial portion of its stock -in -trade business, or advertising to the sale, rental or viewing for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations ('Adult Material') which are characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas.' See 'Adult Business' for definition of the term 'regular and substantial course.' (3) Adult Business. Any business establishment or concern which as a regular and %o, substantial course of conduct performs or operates as an Adult Bookstore, or Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret, Adult Motel/Hotel, Adult Arcade, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. 'Adult Business' shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. (4) Adult Cabaret. A nightclub,, restaurant or similar business establishment which regularly features live performances which are characterized by the exposure of 'specified anatomical areas' or by 'specified sexual activities,' or films, motion pictures, video cassettes, slides or other- photographic reproductions which are characterized by an emphasis upon the depiction or description of 'specified y sexual activities' or 'specified anatomical areas;' 7 designated by the officers of a corporation to be the Permit Holder for an Adult Business owned and operated by the corporation. (l r...:^f-arson. Shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). a (12) Regular and substantial course of conduct and regular and substantial nortion`ot its business. Shall mean any Adult Business where one or more of the following conditions exist: (i) The area(s) devoted to the display of Adult Material exceeds fifteen percent (15%) of the total display area of the business; or The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any thirty (30) day period; or At least twenty-five percent (25 %) of the gross receipts of the business are derived from the sale, trade,- rental, display or presentation of services, products, Adult Material, or entertainment which are characterized by an emphasis on matter depicting, %W describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. (13) Religious Institution. A structure which is used primarily for religious worship and related religious activities; (14) School, Any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university; (15) Specified Anatomical Areas. Includes any of the following: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or E zoning, for any zone or area which is combined the AB Overlay Zone, then in such case the provisionq of this Chapter shall govern. Subject to the foregoing, Adult Businesses shall be permitted in all areas designated as being located in the AB Overlay Zone, provided: (1) No Adult Business shall be permitted in any area of an AB Overlaone if the underlying Planning Area wherein such Adult Business is proposed already has th4,(3) other Adult Businesses. No Adult Business shall be located within 1000 feet of another Adult Business, whether or not said adjacent Adult Business is within the City limits of Grand Terrace. (2) Each Adult Business must, prior to commencement or continuation of such business, first apply for and receive from the City Council a Conditional Use Permit. (3) Each Adult Business must, prior to commencement or continuation of such business, first apply for and receive an Adult Business Permit. (4) Each Adult Business must comply with all applicable regulations specified in this Chapter. (5) Each Adult Business must comply with all applicable regulations of other zoning use designations with which the AB Overlay Zone is combined. 18,70.008 Statements and Records. Person(s) required to obtain an Adult Business Permit pursuant to the provisions of this Chapter for any business establishment which provides products, Adult Material, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined in Section 18.70.004 of this Chapter, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, Adult Material, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three (3) years. No person required to keep records under this Section shall refuse to allow authorized representatives of the City to examine said records at reasonable times and places. This Section shall not be applicable to a business establishment for which such transactions constitute less than twenty-five percent (25 %) of the gross receipts of the business. 18.70.010 Conditional Use Permit Required. It shall be unlawful for any person to operate, engage in, conduct or carry on any Adult Business within the City of Grand Terrace unlessAe person of the Adult Business first obtains, and continues to maintain in full force and effect ai .Adult Business Permit pursuant to Section 18.70.018 herein, and a Conditional Use Permit.' ,J addition to the base zoning requirements governing Conditional Use Permits generally, the following additional requirements shall be satisfied by Adult BusinLz.�. `- Such additional requirements shall be included in any approved Conditional Use Permit: 11 M LJ M premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) 11 be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this ChaptexV,end notifying the San Bernardino County Sherrif's and City Code Enforcement Department of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subparagraph shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. (b) Landscaping shall conform to the standards established for the zone, except that, if the Adult Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. (c) The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the City. (d) The premises within which the Adult Business is located shall provide sufficient sound -absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building. (e) No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. (f) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. (10) All indoor areas of the Adult Business within which patrons are permitted, except restrooms, shall be open to view at all times. (11) Except as specifically provided in this Chapter, the Adult Bus —mess shall comply with the zoning, parking, development and design stapdards 13 premises showing a plan thereof specifying the location of one (1) # or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station m not exceed thirty-two (32) square feet of floor area with no dim�on greater than eight (8) feet. The diagram shall also designate,the place at which the Adult Business Permit will be conspicuotfsll}' posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the Adult Arcade to an accuracy of plus or minus six (6) inches. (b) The application shall be sworn to be true and correct by the Owner under penalty of perjury. (c) No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the City Council. (d) It shall be the duty of the Owner(s) to ensure that at least one (1) 4 employee is on duty and situated at each manager's station at all times that any patron is present inside the Adult Arcade. (e) The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from a.manager's station of every area of the Adult Arcade to which any patron is permitted access for any purpose excluding restrooms. If the Adult Arcade has two (2) or more manager's stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (f) It shall be the duty of the Owner(s) and it shall also be the duty of Y all employees present on the Adult Arcade to ensure that the ' individual viewing area specified in subsection (g) remains unobstructed by any doors, walls, persons, merchandir_, -d splay racks or other materials at all times and to ensure that no patron f t 15 M stage is occupied by an entertainer. 'Entertainer' shall mean any person who is an employee or independent contractor of the Adult Business, or any person who, without any compensation or other form of consideration, performs live entertainment for pawns of an Adult Business.°t a (b) The Adult Business shall provide separate dressing room facilAies for entertainers which are exclusively dedicated to the entertainers' use. (c) The Adult Business shall provide an entrance/exit to the Adult Arcade for entertainers which is separate from the entrance/exit used by patrons. (d) The Adult Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Adult Business shall provide a minimum three-foot (3') wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. (e) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. (f) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. (g) The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than twenty (20.0) foot candles as measured at the floor level. The foregoing applicable requirements of this Section shall be deemed conditions of pern* #Vproval, and failure to comply with each and all of such requirements shall be grounds for revocation of the Conditional Use Permit and the Adult Business License issued pursuant to this Ch". 18.70.012 Time Limits For Action On Conditional Use Permit. An application for a t 17 Permit has not been utilized within six months of its issuance; or (c) The Adult Business Permit has been suspended or revoked. 18,70.018 Adult Business Permit Required. An Applicant for the operative of an Adult Business must obtain an Adult Business Permit in addition to a Conditional Use Pfrnut. No Adult Business Permit shall be sold, transferred, or assigned by any License holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed ibr to constitute a voluntary surrender of such Permit, and such Permit shall be thereafter null and void. An Adult Business Permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Business -from one type of Adult Business use to another type of Adult Business use shall also render the Permit null and void. An Adult Business Permit shall be valid only for the exact location specified in the Permit. 18.70.020 Application For Adult Business Permit. Applicants for such Permits shall file a written, signed and verified application or renewal application on a form provided by the Community Development Director. Such application shall contain: (a) The name and permanent address of Applicant. (b) The name and business address of the Applicant. If the Applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the Applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than twenty-five percent (25 %) of the stock of the corporation. If the Applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners; (c) A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; (d) Hours of operation; (e) A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; r (f) The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment; __ (g) A statement of the nature and character of Applicant's business if any, to 19 18,70,022 Investigation. Upon receipt of an application properly filed with the Community Development Director and upon payment of the nonrefundable application fee, the Community Development Director shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Sheriffs Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Adult Business in accordance with its responsibilities under law and as set forth in this Chapter. Said investigation shall be completed within twenty- five (25) days of receipt of the application by the Community Development Director. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. A department or agency shall disapprove an application if it finds that the proposed Adult Business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Community Development Director. 18,70,024 Decision By Community Development Director on Application For an Adult Business Permit. The Community Development Director or designee (ham "Community Development Director") shall grant or deny an application for a Permit within forty-five (45) days from the date of its proper filing. Upon the expiration of the forty-fifth (45th) day, unless the Applicant requests and is granted a reasonable extension of time, the Applicant shall be permitted to begin operating the business for which the Permit is sought, unless and until the Community Development Director notifies the Applicant of a denial of the application and states the reason(s) for that denial. A. The City Clerk shall grant the application unless one or more of the reasons set forth in Section 18.70.028 (Denial of Application for Adult Business Permit) below is present. B. The Permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Business. The Permit shall also indicate that the Adult Business whether permitted or not may be subject to prohibitions against Public Nudity and Indecency pursuant to the United States Supreme Court decision in Barnes Y. Glen Theatre Inc., Ill S.Ct. 2456, 115 L.Ed 2d 504 y (June 21, 1991) and any applicable California statutes or City regulations or ordinances consistent therewith. The permit shall be posted_ in a conspicuous place at or near the entrance to the Adult Businessn-v t ;& it can be easily read at any time. t ' 21 If the Community Development Director denies the application, he shall notify the Applicant of the denial and state the reason(s) for the denial. If a person applies for an Adult Business Permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for an Adult Business Permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. 18.70.030 Inspection. An Applicant or Permitee shall permit representatives of the kow Sheriff s Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City Departments or Agencies to inspect the premises of an Adult Business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an Adult Business or his or her agent or employee is in viola- tion of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. 18,70.032 Expiration of Adult Business Permit. Each Permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 18.70.020 (for renewals, filing of original survey shall be sufficient). Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the Permit shall not be affected. When the City Clerk denies renewal of the Adult Business Permit, the Applicant shall not be issued a Permit for one (1) year from the date of denial. If, subsequent to denial, the Community Development Director finds that the basis for denial of the renewal of the Permit has been corrected, the Applicant shall be granted a Permit if at least ninety (90) days have elapsed since the date denial became final. 18,70.034 Revocation of Adult Business Permit. After an investigation, notice and hearing, the Community Development Director shall revoke an existing Adult Business Permit, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: (1) The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Grand Terrace; (2) The Permit, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Sheriff: or other departments of the City; It 23 18 70 036 Hearing on Revocation of Adult Business Permit. Upon determining that grounds for Permit revocation exist, the Community Development Director shall furnish written notice of the proposed revocation to the Permittee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the Permittee may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the Adult Business and by sending the notice by certified mail, postage prepaid, addressed to the Permittee as that name and address appear on the Permit. Within fifteen (15) calendar days after the later of the mailing or posting of the notice the Permittee may file a request for hearing with the Community Development Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Community Development Director shall transmit the request to the Planning Commission, and the hearing shall be provided. Upon receipt of a written request for a hearing, the Planning Commission shall conduct a hearing. The Planning Commission shall conduct a hearing within forty-five (45) calendar days of the filing of such request by the Permittee. Notice of time and place of the hearing shall be given to the Permittee by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the Permittee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission. At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Community Development Director. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Community Development Director regarding whether the Permit is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the Permittee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 18.70.034 of this Chapter, the Community Development Director, based upon the report of the Planning Commission or, if no hearing was requested by the Permittee, based upon the report of the City staff, shall immediately revoke the Adult Business Permit. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 18.70.012. The decision of the City Council upon appeal, or the decision of the Plan Commission in the absence of a timely appeal, shall be final and conclusive. 1110 application for an Adult Business Permit shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for Adult Business Permit has been revoked within the preceding three (3) year period. 25 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF GRAND TERRACE ) I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance No. , being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING THE GRAND TERRACE 4 MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES AND LRvgrj SIG THEN IN A DESIGNATED ADULT BUSINESS (AB) OVERLAY ZONE; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of . 1995, by the following vote, to wit: • «IEcE• NOES:• i EisE• APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY �r 2% Brenda Stanfill CITY CLERK Ali III=���i ��111111��11� IIalifteell III/tYnl 'I 1liiilla '-, lllll : - Itommii' I ull Li �:Innrnu•� � nnaltl: � ■ ■■-�- �•nlr.nnstmi rr. ,:aattyy.:.NE =� - : 1t11111frrY �\ -� ta- C1��111: lnunnnr a O ii �t- nnnnnn :� lot mrl• a '11111 : - ■nultranr :� � p til�nlnnr .1 !� titi tl.• .•.nnl . ■��uit�n = �Innnnnt .1 lIIIIII�t► � =r :';!!"!� i 111111— i ...� ' ►„I. Inn►-: •,fT111111111 ;`••�--_.- ,.flll;``.�n'n'nn i-11111aa 11111 ■nnunnnunl f= v.-I1. Itl1n'-:111111. 1,11 -�-�=.0 •=.I II 1 n1l111111.1: . YC-�I�d11lllllltlnll - Ittin m� - I�1f• n S_ CITY OF GRAND TERRACE UTILITY USERS TAX ANALYSIS COUNCIL AGENDA fiEM# �,A CITY OF GRAND TERRACE UTILITY USERS TAX ANALYSIS ESTIMATED AVERAGE ANNUAL EFFECT PER CONNECTION AVERAGE AVERAGE AVERAGE AVERAGE ANNUAL ANNUAL ANNUAL ANNUAL 1% 3% 5% 7% UTILITY UTILITY UTILITY UTILITY EST. USERS USERS USERS USERS CONNECTIONS TAX TAX TAX TAX :LECTRIC 4,457 $13.80 41.41 68.99 96.59 .AS 4,200 4.38 13.12 21.90 30.62 'ABLE 2,800 3.93 11.75 19.64 27.43 'RASH 2,600 1.00 2.96 5.00 6.92 'ATER 4,457 3.16 9.51 15.86 22.21 EWER 4,457 1.46 4.38 7.29 10.19 'ELEPHONE 4,500 5.66 ------- 17.00 28.33 39.68 `,VE ANNUAL TAX PER CONNECTION $ 33.39 ------- 100.13 ------- 167.01 ------- $233.64 N' XNTHLY TAX PER CONNECTION $--2_78 $-8_34 $13_92 $-19_47 OTES: \ Tax per connection is based on estimated annual revenue divided by total estimated connections. Actual tax per connection will vary according to usage. \ Connections include commercial and special rate customers. No allowance has been made for low income or senior citizen. \ Cable may have multiple connections. Connection number used is est',4ated per household/or business at one maximum. .Y i' •C:\wp51\Document\utility.usr t' CITY OF GRAND TERRACE UTILITY USERS TAX ANALYSIS REVIEW OF OTHER CITIES SAN BERNARDINO COUNTY APPROX POPULATION TAX ADELANTO 12,000 NONE APPLE VALLEY 53,400 NONE BARSTOW 22,700 NONE 4AVBIG BEAR LAKE 5,800 NONE CHINO 62,850 4.016 CHINO HILLS 47,250 NONE COLTON 45,100 NONE FONTANA 103,200 5.0% GRAND TERRACE 13,400 ---- HESPERIA 59,200 NONE HIGHLAND 39,500 NONE 4LOMA LINDA 21,300 3.0% MONTCLAIR 30,200 5.01% NEEDLES 5,900 NONE ONTARIO 143,900 NONE RANCHO CUCAMONGA 115,100 4.66% REDLANDS 66,400 4.0% RIALTO 80,000 NONE SAN BERNARDINO 185,000 8.5% TWENTY NINE PALMS 14,900 NONE UPLAND, 67,500 NONE VICTORVILE 57,300 NONE YUCAIPA 37,100 NONE 2 YUCCA VALLEY 18,400 NONE �' Community Development Department DATE: March 23, 1995 TO: City Council FROM: Community Development Department SUBJECT: ROLE OF CITY RELATED TO AIR QUALITY REGULATION How can a City of only 13,000 residents and predominately housing based be expected to solve the regions air pollution problem? The purpose of this report is to address this question and outline the City's role within the context of Air Quality Regulations. BACKGROUND 4 It is unfortunate that our City is located in one of the worst air basins in the nation. This Basin called the South Coast Air Basin is classified as a non -attainment area due to its inability to comply with State and Federal Clean Air standards. Geography and weather play a role in this dubious title, however our dependence on the automobile and daily commute patterns take the lions share. Because public health is at risk, a Federal Clean Air Act was created which requires State and Local agencies to develop long-term plans that show how they will achieve safe, clean air by specific dates. California State and local agencies have traditionally been national leaders in the area of air quality control efforts. In recent years, however these agencies have not successfully enacted plans demonstrating how they will meet the Clean Air Acts standards for public health. As a result, the U.S. Environmental Protection Agency (EPA) has been ordered by court to craft Federal Implementation Plans (FIPs) to ensure that someone provides overall clean air plans in the South Coast Air Basin, Sacramento Air Basin, and Ventura Air Basin. You may recall this issue was presented at the February 9th City Council meeting by Ty Schuilling, Director of Comprehensive Planning at SANBAG. Staff has attached a "Question and Answer" paper provided to us by the Soutl r*oast Air Quality Management District which should answer any open questions concert g the recent events of Federal involvement (Attachment A). f C0UNC1L AGE®A # I 22795 Barton Road - Grand Terrace, California 92313-5295 - (909) 824-6621 to provide land use design solutions which contribute to the air quality improvement campaign and still preserve local land use decision making authority. Specifically the manual is designed to address "mobile source emissions" (primarily the automobile). That focus stems from the understanding that a significant proportion of the air quality problem in San Bernardino County is attributed to mobile sources. The Community Development Staff will utilize principles in that manual to achieve air quality sensitive design unique to the City of Grand Terrace. 3. Participate in the making of local, state, and federal regulations r A third role is setting achievable goals for the future, develop cost-effective standards and ensure that innovative air quality oriented design ideas are incorporated into new development. This could be accomplished by amending the General Plan. Because Community Development Department decisions must be consistent with the City's General Plan, it would be logical to have an Element which addresses City's goals of improved public health. A draft General Plan Air Quality Element is in the development process and is expected to be completed later this year. The draft Air Quality Element will incorporate goals and policies developed from the content of our TCM ordinance, design review principals, and the San Bernardino County Model Air Quality Element. In addition, staff will work closely with the General Plan Task Force and Planning Commission to formulate a consensus on goals, policies, and programs. Two goals to be placed in this General Plan update are: City's participation in South Coast Air Quality Management Plan updates and revisions; and participation in the development of revised SIP and FIP to eliminate the effects of a promulgated FIP on local residents and businesses. 4. Continue implementing CEQA We must not forget another important role of the City of Grand Terrace in terms of air quality, the implementation of California's Environment Quality Act (CEQA). CEQA has for more than two decades required that the linkages between land use, transportation, and air quality be understood for a development project in'order for the decision making body to be informed of the expected environmental impacts. The South Coast Air Quality Management District has developed a handbook to be used by planners for the exclusive purpose of reviewing projects from an air quality perspectives, i.e. how to regulate dust from construction projects, how to eliminate impacts of fumes from businesses which utilize hazardous materials, etc. CQML.USION/SUMMARY This 4� issue paper outlines our duties regarding .air quality. It shows how our_role has evolved and become more sophisticated than what was five years ago, or even just oric`eaL `ago. For the longest time the only participation of cities in air quality has been the impletaeplation of CE A. Once transportation control measures were developed, large cities with ports, ai�rop rtso and large employers were required to do their part. While small cities, like Grand Terrace, were CONTENTS I. Preface 2 II. Introduction 2 III. General Questions and Answers 3 IV. Selected FIP Measures I1 A. Inspection and Maintenance B. Heavy Duty Trucks C. Non -road Engine Requirements D. Trains and Railroads E. Airports/Airlines F. General Aviation G. Ships/Ports H. Marine Pleuure Craft (recreational boats) I. Stationary Source Cap Rules J. Pesticides V. Sacramento Bump -Up 25 Attachment A finalize different and better. We appreciate the hours of time and dedication they have put in to help us. The purpose of this document is to dear up the misunderstandings and misrepresentations of some of the measures we have proposed, as well as to reassure everyone that U.S. EPA has listened and will create final plans, due next February, which address the concerns and reflect the good ideas which have been submitted to us. r Even after February 1995, we will make every effort to involve the public in further adjustments to the FIPs. We intend to solicit continuing suggestions from the public for FIp substitutes, particularly in the form of replacement measures that deliver comparable emission reductions at less cost and dislocation. Ideally, most replacements will come in the form of state and local measures which can displace FIP measures completely. As we have repeatedly emphasized, the FIPs do. not relieve the state and local planners from their legal obligation to design and implement clean -air measures. The Clean Air Act Amendments of: 1990 require states to submit ozone attainment plans to U.S. EPA by November 1994. State and local agencies have much more flexibility to craft a coordinated plan for the region that best addresses specific local social and economic conditions. They also have a- history of creativity and innovation. If attention is focused on creating the best possible plans at the state and local level, the FIPs can disappear and U.S. EPA can focus our efforts on providing oversight and assistance to state programs and setting national standards where appropriate. We would like nothing better. III. GENERAL QUESTIONS Q: Why is the Federal government proposing the FIPs for California? A: Under the Clean Air Act, state and local agencies are required to develop long-term plans to show how they will achieve safe, clean air by specific dates. State and local environmental agencies in California have traditionally been national leaders in the area of air -quality control efforts. However, in recent years these agencies have not successfully enacted plans. demonstrating how they will meet the Clean Air Act's standards for public health. As a result, the U.S. EPA has been ordered by the courts to craft federal implementation plans (FIPs) to ensure that someone provides overall clean -air plans in the South Coast, Sacramento, and Ventura areas. � Unfortunately, there are legal and practical constraints on the type of regulations that the federal government can implement. As a result, we believe that the best plans can N be _put together only at the state and local level, where there is far mav, biuty and where these decisions appropriately belong. programs. Because federal plans are meant to be temporary, it would not make economic or public policy sense to recreate the local air agencies at the federal level. An example of the drawbacks of federal implementation of a clean air plan is the fact that unlike state and local agencies, we cannot redirect money collected from fee systems back to California. U.S. EPA does not get this money; under the provisions of the federal Miscellaneous Receipts Act, it would go to the federal treasury. Further, even though U.S. EPA has the power to regulate some sources state and local agencies cannot, these agencies have far more tools and flexibility to implement measures that more creatively and cost-effectively address the challenge of achieving clean air. For example, state and local agencies can implement various market incentive programs and transportation measures that we, as a practical and sometimes legal matter, simply cannot. There is another serious consequence if the state does not meet its clean air planning obligations: as mandated by Congress under the 1990 Clean Air Act, California eventually risks mandatory limits on industrial growth and the loss of federal highway funds - in addition to a FIP remaining in place. Q: How do the FIN relate to the locally developed Air Quality Management Plans? A: Under the Clean Air Act, states must submit adopted ozone attainment plans to U.S. 4W EPA by November 15, 1994. In response to this requirement, local air boards in California are adopting Air Quality Management Plans (AQMPs) with controls for reducing industrial and commercial pollution levels as well as transportation control measures. These plans are then submitted to the California Air Resources Board (CARB) which then considers these plans as well as additional state measures in the form of new controls for mobile sources and other statewide pollution sources. CARB has stated that they expect to submit the combined local plans and state measures to U.S. EPA in time to meet the November 15th deadline. We hope that the upcoming submittals will be approvable. If the combination of AQMP controls and CARB controls is sufficient to bring clean air by the Act's deadlines in any of the FIP areas, U.S. EPA would be able to rescind the entire FIP for thatlarea upon approval of the state's plan. Even if the state's submittals fail to satisfy all the requirements, U.S. EPA will expeditiously approve as many elements of the plans as possible, and delete the unnecessary portions of the FIPs. U.S. EPA is aware that the AQMPs and the CARE submittals will update and improve many of the technical foundations of the proposed FIPs, which were based on the best information available to U.S. EPA in late 1993. As stated in the rr� ; - ;_' . F-P will _,- try to incorporate as many of these changes as possible in the final FIN. required before the state could adopt replacement SIP measures. As we develop the final FIPs, U.S. EPA will review all of the proposed implementation dates in light of all of the comments we have received. We will consider their potential to conflict with state planning as well as whether they provide sufficient lead time and their ability to produce the level of emission reductions necessary to achieve timely attainment of the health standards. Q: How has the public been involved in the development process for the FIps? A: U.S. EPA has gone to great lengths to make the public participation process as inclusive and user-friendly as possible, sharing with the public the information used in the FIPs and inviting the public to suggest the best pollution control approaches. We began our dialogue with the public prior to proposing the FIPs last February. A series of eight public meetings were held in October 1993 to describe the task before us, our initial ideas and to listen to local ideas and concerns. After proposing the plans in February, we then held public workshops in the local FIP areas. The purpose of these all day workshops was to provide a detailed explanation of the basis for our proposals, and to express our openness to public input. The reason we sponsored these informal opportunities for dialogue was to promote the most informed and thoughtful public comments possible. Formal written comments were accepted from the proposal date in February until August 31. Public hearings were held in July. Throughout our public process, we attended scores of meetings and fielded hundreds of phone calls for information. U.S. EPA's efforts to involve the public have spurred an unusually vigorous and healthy debate within each of the affected communities about clean air solutions. With our help and encouragement, scores of collaborative and unprecedented meetings have occurred between leaders in the business and environmental communities, local governments, and air agencies. Q: Will the FIPs balance environmental and economic concerns? A: Yes. In the plan we proposed, we tried to spread out the responsibilities for reducing emissions to all contributing sectors. Some of the industries that have not been called upoci: to make major contributions in the past — particularly the transportation industries (e.g., planes, trucks and ships) — are understandably resistant to the proposed controls. However, our challenge is to find the most cost-effective manner in which these sources can best contribute to solving local air quality problems they contribute '''�►� to and to understand the ways in which they cannot. We have called upon the presidents of each affected community, each industry group, and the appropriate stare and local agencies to constructively help us find that. balance ,. we oinfe-a„n 've heard slot of criticism about the potential adverse impacts and economic co ,of some of our proposals and we plan to make significant changes in response` 7 The long lead times, combined with the very long useful life of these engines results in a very slow turnover to the cleaner engines. Despite the fact that they will only produce benefits in the long -run, U.S. EPA is continuing to work with U.S. DOT and the international aviation and maritime organizations to develop stricter international standards which will ultimately reduce emissions from these categories. U.S. EPA and the Coast Guard have participated on an international panel to review marine engine standards for about a year. The proposed FIP measures for airports andports rely on operational changes and fee programs to obtain emission reductions. Although many demanded and acclaimed our inclusion of ports and airports in our proposed plan, the affected agencies, airlines, shippers, chambers of commerce and local governments have commented that it would not be possible to implement the rules as proposed without serious adverse impact to the level of commercial activity (e.g. air traffic would be reduced, costs would rise sufficiently to drive shipping to other ports). Because we want a plan that is both environmentally and economically sound, we will not finalize a rule that would have these undue economic impacts. At our urging, a broad spectrum of interests have worked to develop alternative measures which they believe can decrease emissions from these sources at less cost. We will evaluate both the serious concerns which have been raised and the proposed alteratives and will finalize a plan that reflects their input on how these sources can most appropriately contribute to the clean air solution. Q: Why did U.S. EPA propose fees in the FIPs? A: U.S. EPA proposed fees only in situations where we saw no other option. Any proposed surcharges, fees, or financial penalties are designed as an incentive to comply with FIP requirements, not for revenue. Unfortunately, the Miscellaneous Receipts Act requires U.S. EPA to send any fees it collects to the federal treasury. This is one reason why the Agency has long stressed that state and local agencies are better equipped to plan for clean air in these areas. If a state plan includes fees, the money collected can be used in any way the state chooses — for needs such as incentives for technology development, assisting in compliance costs, and funding of transportation alternatives. With these types of options at their disposal, it is clear that the state and local4gencies are in the best position to develop the most creative, least cost solutions to air quality problems. U.S. EPA's use of fees in the FIN occurs in two types of situations. First, in some cues such as trucking or airports, U.S. EPA included fees as an additional compliance "r option which we hoped would provide extra flexibility if in some years compliance t i with the emission reductions or fleet averaging requirements proved di1•ond, Y-S, ,,, in other cues such as in the recreational boating program, the fees wee included as an incentive to ensure that boaters turn over their old boats and replace them, with the new cleaner boat engines U.S. EPA is requiring manufacturers to produce. Another go worldwide marketplace by the year 2000. Innovative technologies offer the promise that the demand for continuing economic growth can be reconciled with the imperative of strong environmental protection. California can seize these opportunities to grow while providing healthier air for its own people: We recognize that implementation of clean air plans could involve substantial costs for new technology and modified operations. These costs am not a tax, but a reflection of the value the public places on reducing the health and economic impac's of air pollution. Nonetheless, the goal is to figure out how to produce clean air at the lowest possible cost. To achieve the goal requires open minds and everyone's best'thinking. Q: How is U.S. EPA planning to enforce all these measures? A: First, U.S. EPA hopes not to have to implement and enforce these measures. As we have stressed, the FIN do not relieve state and local planners from their legal obligation to design, implement, and enforce their own clean -sir measures. If this happens, the FIN can be replaced with those plans and U.S. EPA will not have to enforce the FIP measures. Until state and local plans are adopted and approved, U.S. EPA must assume full responsibility for the enforcement of these measures. In some cases, that will be through testing and certification performed by product manufacturers (for products 4r ranging from cleaner cars, trucks, and construction equipment to paints, solvents, and pesticides) and reported to U.S. EPA. In other cases, it may mean conducting federal inspections at industries, by U.S. EPA employees or contractors. We have also developed many of the rules in a manner that is consistent with district programs to facilitate the voluntary delegation of some of these programs to the districts. IV. SPECIFIC FIP MEASURES A. INSPECTION AND MAINTENANCE (SMOG CHECK) Q: What is the current status of the California smog check program? A: High quality smog check or inspection and maintenance (I/IVn programs for vehicles are the single most cost effective and important method to achieve mobile source • �,emissions reductions. To develop comprehensive and economically responsible plans, ; *U.S. EPA had to build upon a high quality UM program that was not yet fully eveloped by California. Therefore, in the FEN U.S. EPA proposed a, W0 ��, which ollows closely the model for meeting the performance standards for all I j- programs nationwide, and which U.S. EPA could effectively implement. r 11 necessary for diesel -fueled engines to meet these standards, some alternative -fuel engines meet them today. Trucks and buses bought before 1999 could continue to be used, but of course eventually they will wear out and the naaual retirement of engines achieve' much of the needed emission reductions. In order to ensure continued, orderly turnover, beginning in 2000, fleet operators would be required to meet a gradually declining fleet average emission rate. Fleet operators will meet this average if they replace their engines after 25- years or less of use, To increase flexibility, U.S. 'EPA proposed to allow fleet operators to loin together to meet the average or to pay a fee if in certain years they choose not to retire their oldest engines. Interstate truck owners would also have the option of limiting the number of stops they make in California. In this plan, the fleet operator has the flexibility to decide how to reduce the fleet's pollution levels. As you can see, contrary to much of the misinformation that has been spread about the proposed plan, U.S. EPA is not requiring .operators to sell their trucks, to buy smaller trucks, or to pay grossly inflated fees. These measures will ultimately reduce emissions of nitrogen oxidesfrom these heavy-duty engines by about 70% — a vast improvement over what comes out of truck exhaust pipes today. Q: _ What is the purpose of the fees? A: Unfortunately, a tremendous amount of misinformation has been spread about the purpose of fees in the FIP's trucking proposals. Some have assumed that paying fees will be the only possible form of compliance with the program because they claim that the engine standards are too stringent. On this basis, they claim that the amount of monies collected wfll, be very large and further that they will achieve no emission reductions. This is nonsense. The standards we have proposed have already been met by some engines and thus the fees are only an option for fleets that have individual concerns which make it difficult for them to meet the standards. Based on the comments we have received, US. EPA is reviewing the stringency of the engine standards we proposed and will not finalize a standard which is infeasible or which few could afford to meet. Our objective is clean air — not generation of revenue. In fact, any proposed surcharges, fees, or financial penalties for trucks operations are designed as an incentive to encourage turnover of old engines to newer, cleaner models. Trucking firms that for one reason or another do not meet the lower emission requirements have the option of paying fees until they are able to meet those standards. '�►` This increases these companies' operational flexibility while ensuring that firms investing in cleaner technology will not be put at a competitive disadvantage to those still using dirtier engines. h 13 Q: 0 How will interstate trucks be affected by the FIPs? A:---Ztside California there is no specific requirement to buy engines n ting the proposed emission standards for the FIN. U.S. EPA is proposing, noweArer, that interstate trucks operating in California must comply with either the fleet ; A traging program requirements, or limit the amount of activity to one stop in the. FEP areas or two stops altogether in California. Companies with motor carrier operations into California would have a number of options comply with the FIPs. First, carriers could 4, utilize rail shipments for delivery into California, with final delivery by trucks meeting the California emission standards. This process, known as intermodal transport, has already been growing because it is cheaper and more efficient than just using a truck for the whole trip. Second, companies could buy the clean engines for use in California to maintain their fleet in compliance with the flea averaging. program requirements, perhaps by teaming up with other companies. Finally, 49 state trucks could haul a trailer into California, then switch with another tractor (perhaps from a different company) that meets the enhanced emission standards. Many commenters have stressed the need for tighter national standards for heavy-duty truck engines to address the problem of interstate truck emissions. U.S. EPA is considering these comments within its separate, ongoing efforts to determine the need for and appropriate level of national standards. Q: Does the proposal allow for any higher emitting engines for any particular applications? A: Yes. U.S. EPA included in the proposal a provision allowing the sale of higher - emitting engines in the., case where clean engine technologies would be unsuitable or infeasible for some unique applications. An example is trucks. which haul medical supplies which need to be refrigerated and therefore need a long term source of fuel in case of emergency. To limit the use of ;his option to only those unique situations, U.S. EPA proposed to assess a surcharge on the higher -emitting engines at the point of purchase. The proposed surcharges, calculated based on the expected lifetime emissions from the engine, range from S1,000 to S20,000 for the smallest and biggest trucks, respectively. :j Q: Aren't there serious economic impacts of the FIP's trucking measures? A: Operating cleaner vehicles could increase costs for the trucking industry. Although i� worst -case estimates indicate that costs could increase by as much as 10% over the +� coming years, proponents of alternative fuels claim these fuels will be less costly than today's diesel. Further, U.S. EPA believes that production of cleaner technologies such as a*ernative- fuel heavy-duty engines and cleaner diesel fuel will bring new industries and jobs to 15 ' effect in 2000 with a second phase in 2005. To achieve the additional needed -_r;;AAietions in the South Coast, U.S. EPA proposed a program which would require each locomotive company to reduce its average emissions beyond those iNuctions achieved through national standards. This program would be phased in b Wing in 2007 and would allow each railroad the flexibility to choose how emissions are redu eci. Q: How did U.S. EPA pick the rail reduction targets for the South Coast? A: A number of different emission reduction targets -have been suggested for railroads in California and the South Coast. The California Air Resources Board proposed an 80% reduction of all rail emissions in the state, the South Coast had looked at 90-95% of rail emissions in the South Coast, the railroads had proposed 60% of line -haul rail emissions in the South Coast basin. U.S. EPA proposed a 70% reduction from all rail because our analysis showed this was the Iargest reduction possible without infrastructure costs that could drive freight off rail and onto trucks. Q: What are the impacts on intermodal transportation expected from the FIp programs?" A: U.S. EPA designed the program to avoid affecting the choice of transportation mode to the extent possible. However, since trains are throe times cleaner than trucks for long hauls, U.S. EPA is interested in encouraging use of trains for such trips. Some railroads have raised concerns about the stringency, of the program proposed for the South Coast and suggested it may cause a shift from trains to trucks and thus would be detrimental to the environment. U.S. EPA is reviewing the intermodal analyses we have received and intends to finalize a plan. which harmonies the regulatory programs for trains and trucks. Q: What is the relationship between the FIP and the Alameda corridor improvements? A. Both programs will reduce emissions when implemented. Unfortunately, the uncertainty in the project has made it difficult to ascertain the exact Ievel and timing of the benefits, but we have actively invited comments on this issue to see if we can use the FIP to encourage this important projea. E. AMLINES/AIRPORTS 0N`� : ,� Many claim that U.S. EPA's proposed FIP measure for commercial airports would `,,.reduce air travel in Los Angeles by 40-60 percent. That would devastate Southern 4talifornia's already weakecono y my. Why would U.S. EPA purpose Z--Vdonsirc? A: Our goal in the FIP is to achieve emission reductions from all emission sourcesehrough the introduaion of cleaner technology and more efficient operating practices. We also 17 ' engine standards can not be selectively implemented in FIP areas and they are difficult -:,ro justify solely on the local air quality needs of the FIP areas. This expands the scope of the rulemaking to involve national and international considerations. recognition of the complex issues involved in regulating this source, the Clean Air Act also requires U.S. EPA to develop engine standards in consultation with the DepMment of Transportation. Second, new aircraft engine standards are unlikely to provide timely emissions benefits 6W by the attainment year deadlines. It can take many years after new standards are promulgated for engine manufacturers to develop and begin production of complying engines.. As an example, the more stringent NOx standard for new engines that was recently adopted by the International Civil Aviation Organization will not be fully effective until 2000. Environmental benefits are fiuther delayed by the long useful life of aircraft and the resulting slow turnover to lower emitting engines. Emission reductions can be accelerated only through retrofit or reengineering aircraft, which raises additional technical and economic issues, The lack of proposed standards in the FIN does not mean lower emitting aircraft engines will be unavailable in the future or that U.S. EPA has precluded promulgating stringent standards. Indeed, airlines could stimulate the -development of lower NOx engines as one way to comply with the FIP's proposed airport bubble. Such market pressures in Europe already appear to have resulted in the development of at least one low NOx engine. Also, U.S. EPA is consulting with the Federal Aviation Ammon as more stringent NOx requirements are considered this year by the International Civil Aviation Organization. F. GENERAL AVIATION Q: Why is U.S. EPA proposing a fee system for general aviation? A: The extent of the air quality problems in the three FIP areas, as well as principles of equity, led us to propose that emission reductions- come from every source of pollution. Because U.S. EPA knew of very few technological improvements which could be made to the general _aviation fleet, the FIP proposal. contains a fee system for general aviation and also requests comment on ways the. fee system could account for cleaner aircraft j•h and/or other emission reduction measures by airport proprietors. U.S. EPA has received a significant number of well articulated concerns about the potential for this proposal to affect safety, to greatly increase theq-xs-zf flying to individual pilots, as well as to impair the economic health of the geng2l aviation industry. Some of these comments also contained alternative ways f'or reducing emissions from the general aviation sector. These comments have been very 19 11 Q= H. •I;;V4 one. Over 84% of the ships using the South Bay ports are not U.S. flag ships. Thus a national standard would affect only a small minority of the ships. Second, due to the long life of ships, any standard would not have an effect for a substantfw'. period of . time. Third, ship engines are unlike any engine U.S. EPA has regulated previously. There is much research and analysis required to answer the many technologlw-, safety and economic issues involved in developing new engine standards. The work required was not possible to complete in the time available for the FIPs. Finally, the International Maritime Organization (IMO), the entity responsible for setting worldwide shipping rules, is in the process of developing appropriate standards. U.S. EPA and the Coast Guard are participating in this IMO effort and U.S. EPA is confident that the IMO program will achieve substantial emission reductions in the future. The other countries involved in the negotiations also need significant reductions — the Port of Rotterdam, for example, is even larger than the South Bay ports and has been shown to be associated with the destruction of the Black Forest in Germany. Interference with these negotiations, such as by setting U.S. standards for such ships, could slow them down and thus delay the implementation of international emissions control. U.S. EPA worked with the Coast Guard and the State Department to ensure that the FIP proposal would not negatively impact the IMO's work. What is Cold Ironing and how can it affect emissions? Cold. Cold. ironing is the process of shutting down a ship's engine (hence cooling the iron) and using shore power to supply any lighting, .air handling or other electrical needs re onboard. Ships' engines aalmost always dirtier than the equipment used to make electricity on shore, especially. in California. Therefore, the switch in power source can provide the same amount of energy with less pollution. In the South Coast, ships in the harbor cause 25% of all ship pollution (and ships are the largest uncontrolled source of pollution) so this benefit can be substantial. While some ships and berths are not equipped for cold ironing and some ships (such as refrigerator ships) may require more power than can be easily provided, U.S. EPA believes cold ironing should be encouraged because it significantly reduces emissions. For that reason, the FIP proposal provided a discount to shippers who use shore power when in the South Bay ports. N ARINE PLEASURE CRAFT (recreational boats) How dirty can a little- outboard be.? Very. Most current outboards are "two-stroke" engines which are much dirtier than the "four-stroke" engines in cars. Two-stroke engines take new:n at the same time they are expelling their spent fuel and thus push up to 30% of their gasoline into the water unburnt. You can see this pollution in the purple wake oAutboards. However, almost none of it stays -in the water, it quickly evaporates into the air. Thus, 21 CAP RULES, Q: What arc the proposed "cap" rules? A: Beginning in 2001, the "cap" rules require an annual percentage reduction in industry emissions above and beyond the individual rules proposed for specific industries. U.S. EPA proposed that each of the FIP areas have a rule to reduces volatile organic compounds (VOCs); Ventura will also have a rule to reduce oxides of nitrogen (Nox). Each industry would be able to determine how best to reduce emissions; U.S. EPA also sought input on ways to increase the flexibility of this program, through trading or other mans. Bemuse local agenciesare in the best position to manage and develop flexible trading programs which meet their unique circumstances and source mix, U.S. EPA has stated our skepticism that we could adopt a trading program in the FIP. Instead, we strongly encourage development of locally adopted SIP measures, specially those which utilize economic incentive approaches such as emissions trading programs, which could replace the proposed federal cap rules. Q: How are the proposed "cap" rules different than RECLAIM? A: The South Coast Air Quality Management District (SCAQMD) recently adopted its RECLAIM program to provide industry with the ability to trade emission reduction credits as a mans cf meeting NOz reductions. U.S. EPA worked closely with the District, GARB, industry, and others on the development of this program and supported its adoption. The "cap" rules proposed in the FWs, while similar in concept to the NOx RECLAIM program, are intended to achieve both VOC (in all three FIP areas) and NOx (in Ventura) reductions from a wide variety of sources emitting greater than 4 tons per year, however, the proposed cap rules do not currently contain many of the flexible features, such as credit trading, found in the NOx RECLAIM program. In addition, the cap rules, unless replaced by SIP, measures, would be implemented by U.S. EPA, whereas the RECLAIM program is being implemented by SCAQMD. Q: Is emissions trading allowed by the cap rules? A: Not'`at this time, but we asked for comment on whether and how this complicated task should be done in a federal program. A thorough understanding of each of the industrial sources as well as significant time and resources are involved in developing •' and implementing a trading program. U.S. EPA believes its resources are better spent helping. districts, which already have a good understanding of their industries, adopt I.their own trading or other SIP programs rather -than investingin develo in a FIP backstop. U.S. EPA is working p g with each of the districts to explo..*4.,, .oil:ll Np options and assist in the development of SIP measures and programs which cip replace the proposed cap rules. U.S. EPA is also monitoring the SCAQMD NOx RECLAIM program as a potential approach. As mentioned previously, U.S. EPA believes that 23 February 1995 to adopt a SIP replacement rule before industry would have to comply with the federal rule. V. SACRAMENTO BUMP -UP �.• Q: What does "bump -up" mean? A: In the Clean Air Act, areas with unhealthy levels of ozone were classified based on the severity of their pollution levels. The Act then assigns each classification a date by when the federal standard would have to be met — the more severe areas are allowed longer time periods in which to attain the standard. Sacramento was classified as a "Serious" ozone area and must meet the standard by i999. In order to meet the federal standard, the Clean Air Act requires the areas to submit to U.S. EPA a plan showing how it will reach the goal of clean air by the assigned date. However, if it is too difficult for an area to develop a dean air plan based on its current classification, the Act allows the area to request a reclassification, or "bump -up" -to the next category. For the Sacramento area, a bump -up from the "Serious" classification to the next higher classification of "Severe" would mean an additional sic years (until 2005) to meet the federal ozone standard. However, the higher dassifcation would also subject Sacramento to additional requirements that the law has laid out for all "Severe" areas. These additional requirements include development of an employee commute options (ECO) program and more stringent operating conditions for new or modified stationary sources. Q: Why is it more beneficial to extend the date for dean air in Sacramento? A: U.S. EPA is striving to crate a plan which will achieve clean air through the best, most economic, mans possible. Thus, U.S. EPA prefers measures that rely on technology improvements through the normal purchase and replacement of older vehicles and engines with new cleaner vehicles. and engines in Sacramento. U.S. EPA hasp• also tried to avoid measures that could lead to production. cutbacks for industries emitting pollution in Sacramento. By extending the date for dean air, significant emission reductions can be achieved from can, trucks, boats, and other mobile sources as these vehicles are naturally replaced by new, cleaner vehiclesand engines. U.S. EPA has proposed engine standards and is working with manufacturers to ensure that the new clean-_..� - ;grill be produced and available to the public. Even so, it takes time for old v hicles and engines to naturally wear out and be replaced by newer models and U.S. JA has also proposed incentives which are needed to ensure sufficient turnover by 2005. Without 25 Q: ' Why do stationary sources get penalized with bump -up when it's really a mobile y - %urce problem? t A: It is important to look at the whole stationary source picture when talkij& about bump -up and not just at the specific additional requirements for stationary so 'iris that would be necessary in a bump -up scenario. The specific additional requirements are required by law and include a more stringent new source review offset (1.3 to 1.0 instead of 1.2 to 1.0) and a more stringent major source definition (25 t/y instead of 4r 50 t/y). Taken alone, these additional requirements may seem unfair, but with the bump -up, stationary sources are also given an additional 6 years to fully achieve the necessary emission reductions from their sector. Without the bump -up, stationary sources must achieve their reductions (a 20% reduction in VOC) by 1999. U.S. EPA believes that this is an unnecessarily onerous requirement and without the extra time, some sources may have not choice but to cut back on production. Q: Why is U.S. EPA proposing an employer commute options (ECO) program only in Sacramento? A: As a "Serious" ozone nonattainment area, Sacramento is not currently required to submit an ECO program; however, if U.S. EPA finalizes its option to reclassify Sacramento as a "Severe" nonattainment area with. a 2005 attainment date, the ECO program will become a federal requirement. U.S. EPA is proposing the ECO program as paft of the 2005 attainment date option for Sacramento in order to meet the federal requirements for "Severe" areas. South Coast and Ventura already have ECO prc.grams, and Sacramento is actively moving toward the adoption of local ECO program. 27 (FCAA Section 182 (d)(A) and 187 (b)(2)); and WHEREAS, VMT must be forecast for each year up to year of attainment (FCAA Section 187 (4)(2)(A)) for CO; and WHEREAS, contingency measures must be implemented if any estimate of V&T submitted in an annual report exceeds that predicted in the most recent forecast, or if 6t SCAB fails to meet the federal CO standards by the attainment date (FCAA Section 187 (a)(3)); and WHEREAS, the District Governing Board adopted the 1992 Federal Attauiment Plan for Carbon Monoxide (CO Plan) on November 3, 1992 to demonstrate attainment of the federal ambient air quality standards for carbon monoxide; and WHEREAS, the 1991 AQMP calls for local governments to implement .local government Transportation Control Measures by December 31, 1992; and WHEREAS, the 1992 CO Plan calls for local governments to implement these TCM's by December 31, 1993; and WHEREAS, the City of Grand Terrace will participate with the SANBAG and other local jurisdictions to develop a centralized monitoring program to provide information needed to periodically update the subregional transportation model, to track implementation of local actions which have, or will be, taken as part of both the subregional implementation program, and assist in determining the effectiveness of the actions; and WHEREAS, this ordinance is likely to be deemed and enforceable mechanism for implementing the TCM's by the ARB and EPA; and WHEREAS, this ordinance and any necessary implementation plans will be submitted to the District to be transmitted to ARB and EPA for inclusion in the SIP; and WHEREAS, the impacts of these actions have been quantified using methodologies that are consistent with the guidance from the District; and WHEREAS, local governments that adopt ordinances that are estimated to achieve their target reduction would be exempt from the backstop rule; and WHEREAS, implementation of a comprehensive trip reduction strategy can improve the City's public health and safety, reduce congestion, and improve air quality. WI REAS, the City of Grand Terrace hereby states its commitment for a good faith effort to ai t the aws trip reduction target in order to avoid to the maximiir � ttAit possible application of the District back stop rules; and -' WHEREAS, the City expresses reservations concerning meeting the target alone, and mobile source emissions_ through reduction of trips, vehicle miles traveled, vehicle hours traveled, traffic congestion, vehicle idling, or vehicle use. H. , "VMT' means Vehicle Miles Traveled, the total miles traveled by a vehicle or vehicles over a particular period, whether over a 24-hour period, over an average vehicle trip, etc. I. "VT" means Vehicle Trip, one-way trip from an origin to any destinatioiti J. "Employer" means any person(s), firm, business, educational institutic government agency, non-profit agency or corporation, or other entity. ' 16,04.040 General Provisions for Trip Reductions 4' A. Purpose. The purpose of this section is to reduce vehicle trips thereby reducing air pollution and improving air quality, to comply with State Law, and to promote an improved quality of life. These actions are to be incorporated into new development so as to meet congestion management goals at a minimum cost and disruption to citizens, business and industry. B. Design standards for development. (1) Require bicycle parking facilities as a percentage of auto parking spaces in new non-residential development or require secured lockers. For new non-residential and multi -family (of 10 or more units) development or remodel when discretionary review is required. Parking racks and secured lockers at a rate of 1 per 30 parking space with a minimum of three -bike rack (2) On -site pedestrian walkways and bicycle facilities to connect each building in the development to public streets. For new non-residential and multi -family development. (3) Require shower facilities for persons bicycling or walking to work. For new non-residential development. Minimum of one shower facility accessible to both men and women (CMP threshold or 1/2 CEQA, or 250 peak hour trips). (4) Passenger loading areas in locations close to building entrances and so as not to interfere with vehicle circulation. For new non-residential and multi -family (of 10 or more units) development with at least 100 parking spaces. Loading area = equivalent to a minimum of 5 parking spaces. (5) Preferred parldng facilities for vanpools are required and should have vertical clearance of no less than 9'. For new non-residential development 1-2 spaces per 100 parking stalls. * (6) Provide transit improvements such as bus pullouts, bus pads, bus shelters. Need for and nature to be defined in cooperation with t Omnitrans. For all new residential and non-residential development along existing or planned transit routes. (7) Provide telecommuting center or contribute toward the development of a telecommuting center. For new residential development of 20 + F. Monitoring. Prior to the issuance of a building permit for new building or an addition to an existing building, all facilities and improvemerits-imposed by this section shall be constructed or otherwise provided. G. hi forcement. t a (1) The Community Development Director or Director's duly designat'd representative is responsible for the enforcement of the provisions in these sections. (2) No person, firm, or corporation, shall violate or otherwise fail to comply with any of the provision of this section. The failure to implement the trip reduction measures made applicable by the section shall be punishable as provided in Chapter 4.88 and Chapter 18.93 of the Grand Terrace Municipal Code. 16.040.050 Additional Actions - City Programs. A. Purpose. These additional actions will be considered by the City of Grand Terrace to offset any Iack of future development. (1) Educational Program. Continue outreach program/educational program with the purpose of reducing non -work and work trips (AB2766-Contract No.C93056). (2) Park and Ride facilities. Develop two (2) park and ride facilities with access to Barton Road. (3) Bike Trails. Install bike lanes and related street improvements and landscaping on currently used routes along the southwestern portion of Main Street to Mt. Vernon and to the northeastern portion of Barton Road. (4) Telecommuting. Develop employee based telecommuting option to be authorized on a one by one basis. (5) Local shuttle system that serves only residents and businesses of Grand Terrace, within City boundaries. (6) Bus Route Expansion within the City to increase the opportunity to commute by bus. SECTION 3. The proposed Zoning Amendment No. Z-93-04, set forth in this ordinance is approved by the City Council. S, -11ON 4. Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. SECTION 5. Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places within 15 days of its adoption, as designated for such purpose by the City Council. Community Development Department DATE: March 23, 1995 TO: City Council FROM: Community Development Department ` SUBJECT: New Measures for Code Enforcement of Temporary Signs (banners, A -frame signs, etc.) BACKGROUND: The City Council at its meeting of January 13, 1994 adopted temporary signs policy to be revisited by December, 1995 or be reevaluated upon three complaints. (See attached flier.) The use of temporary signs have increased significantly. A large part of them are illegal or installed without a permit. Therefore, the following measures have been taken in order to communicate to the business community what they have available to them and what will happen in December if there is no adherence to the rules and cooperation: CURRENT PROCEDURES: Perform code enforcement on a complaint basis and monitor temporary sign permits through the use of a tickler file and courtesy calls. Ultimately, the City has the right to abate signs and keep the deposit. CODE ENFORCEMENT MEASURES: 1. From now on, any temporary sign permits will be given a number, logged and kept separate from the permanent signs. This will facilitate tracking and monitoring. 2. Staff has been oriented to give prompt priority to the tickler file for notices of banner Staff becoming due. 1 COUNCIL AGENDA ITEM #C� 22795 Barton Road • Grand Terrace, California 92313-5295 • (909) 824-6621 CITY Or GRAND TERRACE ATTRACTING THROUGH TRAFFIC I The following are business tenants' options on how to attract customers without compromising the aesthetic quality and uniqueness of our commercial area. Roof Line - Sign WaA Sign 0 Menu Sign — A. - Special Advertising Sign VMonument Sign I t:1 L . Temporary Silk Recent proposed Sign Ordinance amendments allow tenants to have special/temporary type signs throughout the year. This applies to banners, menu (A Frame) signs and painted vehicle signs,120 days each type. Therefore, special event signs can now be used alternatively in a constant manner. Permit process for a special event banner, menu/A-Frame and vehicle painted signs is over the counter and costs $60 ($50 of which is refundable). Other sign fees are proportional to square footage. All together, temporary and permanent, a business now can have the following types of signs: Business ID Sign (wall) ' Window Signs (permanent and temporary) Business Identification (tenant name on a monument sign) Under Canopy Signs (vertical to the store wall) �t Special Event Signs (balloons, banners, menu signs and painted vehicle signs) Outdoor dining areas with umbrellas and neon -type signs, when1�top�fly permitted, are also encouraged as a means to attract customers and pro de "value added" to the goods you sell. ky 4 �) Monument Signs: Amendments also include significant relaxation of v monument sign regulations. Now, a large commercial center can have up to eight tenant signs -on a monument sign for a total of 60 sq. fL instead of 24, as before. An office complex directory/monument type sign, while overall size remains unchanged, can list as many office tenants as possible. See = 7awings below. 25653 Terrace Plaza �> Mechanics of Permanent Tenant Signs Signs Allowed: Review Process: Commercial Multi -Tenant Center Monument Sign (300> frontage or corner lot). Tenant letters to be minimum 6" in height, 8" strongly recommended. Combined Monument and Directory Sign for Professional Office. (Please notice name of plaza and address are the focus of this sign instead of tenants as in the commercial sign above.) 1 wall sign 1 window sign (25% window area) 1 under marquee sign 1 sign on the monument sign 1 painted vehicle sign Submit 3 sets of plans according to center sign program. < 32 sq. ft. - $50.00 fee ` •�� > 32 sq. ft. - $200.00 fee �- ;. $33.00 minimum fee for building permit " 3-5 day review with a preapproved center program.' - --