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05/08/1997FILE COPY 22795 Barton Road Grand Terrace California 92313-5295 Civic Center (909) 824-6621 Fax (909) 783-7629 Fax (909) 783-2600 Byron R Matteson Mayor Dan Buchanan Mayor Pro Tempore Herman Hilkey Jim Smgley Lee Ann Garcia Council Members Thomas J Schwab CityManager May 8, 1997 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 COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road MAY 8, 1997 600PM TEE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DWARILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETIl ,'LEASE CALL THE CITY CLERK'S OFFICE AT (909) 924-6621 AT LEAST 48 HOURS PRIOR TO IVE MEMO * Call to Order - * Invocation - * Pledge of Allegiance - * Roll Call - AGENDA ITEMS STAFF COUNCIL RECOM31ENDATIONS ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1 Approval of 0424-97 Minutes Approve Approval of Check Register CRA050897 Approve Community Redevelopment Agency Statement of Investment Policy Adopt ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL. MEETING 1 Items to Delete 2 SPECIAL PRESENTATIONS A Proclamation - Water Awareness Month - May 1997 B Present Terrace View Water Awareness Poster Contest Awards 3 CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. Approve A Approve Check Register No 050897 B Ratify 05-08-97 CRA Action C Wave Full Reading of Ordinances on Agenda D Approval of 04-24-97 Minutes Approve E Authonzation to go to Bid - Street Sweeping Authorize F Temporary Street Closure for Block Party - Emerald St Approve PENDING C R A APPIOV/!1. REGULAR MEETING - APRIL 24, 1997 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on April 24, 1997, at 6 00 p m PRESENT: Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Jim Smgley, Agency Member Lee Ann Garcia, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, Agency Secretary Bernard Simon, Finance Director Pahina Materassi, Community Development Director Virgil Barham, Building and Safety Director Lt Mike Howell, Sheriff's Department ABSENT: Byron Matteson, Chairman John Harper, City Attorney APPROVAL OF APRIL 8 1997 CRA MINUTES `\ 9 CRA-97-15 MOTION BY AGENCY MEMBER HICKEY, SECOND BY AGENCY MEMBER GARCIA, CARRIED 4-0-1-0 (CHAIRMAN MATTESON WAS ABSENT), to approve the April 8, 1997 CRA Minutes APPROVAL OF CHECK REGISTER NO, CRA042497 CRA-97-16 MOTION BY AGENCY MEMBER GARCIA, SECOND BY AGENCY MEMBER HICKEY, CARRIED 4-0-1-0 (CHAIRMAN MATTESON WAS ABSENT), to approve Check Register No CRA042497. Vice -Chairman Buchanan adjourned the Community Redevelopment Agency Meeting at 6 10 p M. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace C R A AGENDA MUA KM 0 a G) 11� i a PENDING C R A APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: MAY 8,1997 OUTSTANDING DEMANDS AS OF: on . ►• ►Q•" P11798 C G WILSON CONSTRUCTION P11810 PSWRC/NAHRO P11812 BERGEVIN'S CLEANING SERVICE P11813 PRUDENTIAL SERVICE BUREAU P11814 PACIFICARE OF CALIFORNIA P11815 INLAND COUNTIES INSURANCE SERVICE 37999 VIRGIL BARHAM 38005 RAUL COLUNGA 38011 FIRST TRUST CALIFORNIA 38033 PETTY CASH 38039 PURE DESIGN 38040 RIVERSIDE HIGHLAND WATER 38046 SOUTHERN CA EDISON COMPANY CHECK REGISTER NO: MAY 8,1997 FINAL PAYMENT FOR WORK ON HOUSING REHABILITATION BUILDING REGISTRATION FOR NAHRO CONFERENCE-AYARS JANITORIAL SERVICES FOR REHABILITATION BUILDING, MARCH/APRIL, 1997 HEALTH NETWORK INSURANCE FOR MAY, 1997 HEALTH INSURANCE FOR MAY, 1997 LIFE INSURANCE FOR MAY, 1997 AUTO ALLOWANCE FOR MAY, 1997 INTERN, 4l1-4/18/97 PAYMENT ON BOND ISSUE, MAY, 1997 REIMBURSE PETTY CASH INSTALL CARPET IN HOUSING REHABILITATION BUILDING CLOSING BILL, 22113 RAVEN WAY ELECTRIC FOR 21920 GRAND TERRACE ROAD AND 22113 RAVEN WAY TOTAL' 050897 PAGE 1 4,49900 22600 6000 9086 51086 3843 13750 24000 24,592 29 4466 37800 3118 5m 30,853.14 DATE April 30, 1997 STAFF REPORT CITY MANAGER'S DEPARTMENT CRA ITEM (XX) COUNCIL ITEM( ) MEETING DATE May 8, 1997 SUBJECT STATEMENT OF INVESTMENT POLICY FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF GRAND TERRACE FUNDING REQUIRED NO FUNDING REQUIRED XX Government Code requires the Agency Treasurer to present to the governing body an Annual Statement of Investment Policy This Policy was revised in 1995-96 and this same Policy has been in effect since those changes were made and maintains the liquidity that is needed 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 C R A AGENDA tTEAA K06 3 1. 0 IQ&= It is the policy of the Redevelopment Agency of the City of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow d e m a n d s o f t h e Redevelopment Agency of the City and conforming to all statutes governing the investment of Agency funds. 2.0 2=2 4.0 This investment policy applies to all financial assets of the Redevelopment Agency . These funds are audited annually and accounted for in the Comprehensive Annual Report. Funds include the Special Revenue Funds, Debt Service Funds, anc Capital Project Funds of the Agency. .i. _ :,"- Investments shall be made with judgement and care -under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the "prudent parson" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. The primary objectives, in order of priority, of the investment activities shall be: 1. SAYNTY: Safety of principal is the foremost objective of the investment program. Investments of Agency shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio. 2. LIQUIDITY: The investment portfolio will remain sufficiently liquid to enable the Redevelopment Agency to meet all operating requirements which might be reasonably anticipated. -1- L r , Redevelopment Agency, of the Cit1 OF ORAED TERRACE No public deposit shall be made except in a qualified public depository as established by state laws. For broker/dealers of government securities and other investments, the Treasurer shall select only broker/dealers who are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the National Association of Securities Dealers. The Redevelopment Agency of the City of Grand Terrace is empowered by statute and authorized by Agency Board to invest in the following: A. Q.B. TREASURY OBLIGATIONS (TREASURY BILLS, TREASURY NOTES) . B. REPURCSABE AGREEMENTS. C. CERTIFICATES OF DEPOBIT SITS STATE BANKS, XhTXWML BAUKB, STATE OR FEDERAL 8DV1108 ASSOCIATIONS, STAT= 1IND FEDERAL CREDIT UNIONS IY CALIFORNIA# that are fully insured by federal or state deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. ` D. NEGOTIABLE CERTIFICATES OF DEPOSIT, COLLJ►'1'ERALISID WITS U.S. TREASURY OBLIGATIONS RAVING A MAAKNT VALUE OF 110%. The treasurer may, at his discretion, waive security for that portion of a deposit that already is covered by federal or state deposit insurance. E. PASSBOOK SAVINGS ACCOUNTS PLACED WITS FEDERAL OR STATE BANKS OR CREDIT UNXO tS, that are fully insured by federal or state deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. F. SECURITIES ISSUED BY FEDERAL AGENCIES. 0. LOCAL AGENCY INVESTJ(E= FUND (LAIF) , Special Fund of the State Treasury in which local agencies are allowed to pool their funds for investment purposes up to a maximum of $20 Killion. LAIF will have its own investment policy that will differ from the Redevelopment Agency. -3- DEFINITIONS 'PAGE'1 DEPOSITORY SERVICES Active deposits are demand or checking accounts which receive revenues and pay disbursements. Interest -bearing active deposits are money marks# accounts at a MancW tnstituudon (La., ba * savings and ban, credit union). These accounts are demand accounts (Le., cheddng accounts) with restricted transaction activity. Inactive deposits are certificates of deposit issued In any amount as short as fourteen days and as long as several estmfor periods time a 360-day basis, actual number of days. � e must be calculated on Passbook savings account Is similar to an in&ctive deposit except not for a Posed term. The interest rate Is much lower than ClYs, but the savings account allows us fle)abiiity. Funds can be deposited and withdrawn according to our daily needs. INVESTMENT SECURITIES U.S. TREASURY ISSUES are direct obligations of the United States Government. These Issues are called bills, notes and bonds. The maturity range of new bum is from 13 weeks (T48111s) to 30 years (T-Bonds). These are highly &W and are considered the safest Irmestrrient security. FEDERAL AGENCY securities are issued by direct U.S. Government agencies or �1 quasi -government agencies. These issues are guaranteed directly or indirectly by the United States Government,. Examples of these securities are Federal Home Loan Bank (FHLB) notes* Federal National Mortgage Association (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Federal Intermediate Credit Bank M debentures, Small Business Administration (SBA) notes, Government National Mortgage Association (GNMA) notes and Student Loan Association (SALL.MAE) notes. CERTIFICATES OF DEPOSIT are Investments for inactive finds Issued by banks, savings and bans and credit unions. Invgstrnerrts of S100,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC). Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). FINANCIAL FUTURES AND FINANCIAL OPTIONS are forward contracts for securities. The government code states that a local agency may incur future contracts/options in any of the investment securities enumerated in Section 53601, A- M. NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured obligations of the financial institution. These secunties are generally Issued in bearer form and pay Interest at maturity. Although negotiable. a strong secondary market exists only in the NCD's issued by the largest United States banks. Examples of large banks include Bank of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc.. Tttlu of Granb c�errttce Priaci;uMattan WATER AWARENESS MONTH MAY 1997 WHEREA,% wait :ff oqr _tn i ions and necessary naval resource; and -x► ,�, 3 '1,°_ sh �t a b `�, r WHERFA4 to lnsur+e ample of , qual y water for our residents, we a ' vo q j=d protect the local winter resinurr• '' ' a llb-educmft ay 4tfzens abo"duhm of water and the lmpo� cdmer►,w& we can ire wise decisio�regartlriE our persona water -,me habft*d �R chirnig t o A1ofMay,"t _i3 Ted with Other Mei,' w _ 1 mm fOTnda t0 wol'� T� theme ' '� ect Every Drop' �d _ NO� FAD EE, 7, Byron R MauV Mpyarof the City of Grand Terrace, on _the C#y Counci4 do hereby + 1997 as WATER AWARENESS _ y _wp oll citiaem 16t R water users and protector Mayor of the City of Gnmd Ten= And of the City Council thereof This 81h day of May, 1997. PAGE 1 DATE: _ MAY 8, 1997 OUTSTANDING DEMANDS AS OF: P11799 SOUTHERN CA GAS COMPANY P11800 COMCAST CABLEVISION P11801 SOUTHERN CA GAS COMPANY P11802 COMCAST CABLEVISION P11803 SBVC RETIREMENT DINNER P11804 SOUTHERN CA GAS COMPANY P11805 COMCAST CABLEVISION P11806 PATRICIA PETERSON P11807 VERONICA FINAZZO P11808 SOUTHERN CA GAS COMPANY P11809 COMCAST CABLEVISION P11812 BERGEVIN'S CLEANING SERVICE i" PEND CITY `- COUNCIL APPROVAL CITY OF GRAND TERRACE CHECK REGISTER NO: n P11813 PRUDENTIAL SERVICES BUREAU Q P11814 PACIFICARE OF CALIFORNIA C P11815 INLAND COUNTIES INSURANCE SERVICE P11816 METLIFE (METROMATIC) P11817 SOUTHERN CA GAS COMPANY !� P11818 COMCAST CABLEVISION 37993 ACCENT PRINT 8 DESIGN 37994 ADAIR INCORPORATED 37995 AT 8 T 37996 MARGARET AVILA 37997 E S BABCOCK 8 SONS 37998 DAN BAILEY MAY 8.1997 CASH PAYMENTS FOR 4/18/97 CASH PAYMENTS FOR 4/18/97 CASH PAYMENTS FOR 4/22/97 CASH PAYMENTS FOR 4/22/97 ATTEND DR SINGER RETIREMENT DINNER, L GARCIA CASH PAYMENTS FOR 4/24197 CASH PAYMENTS FOR 4/24/97 BIRTHDAY BONUS REPLACE PAYROLL CHECK (DESTROYED) CASH PAYMENTS FOR 4/28/97 CASH PAYMENTS FOR 4/28/97 JANITORIAL SERVICES FOR BUILDING 8 SAFETY BUILDING FOR MARCH 8 APRIL, 1997 HEALTH NETWORK INSURANCE FOR MAY, 1997 HEALTH INSURANCE FOR MAY, 1997 LIFE, DENTAL, 8 VISION INSURANCE FOR MAY, 1997 LIFE INSURANCE FOR MAY, 1997 CASH PAYMENTS FOR 4/30/97 CASH PAYMENTS FOR 4/30/97 PRINT CITY LETTERHEAD AND SENIOR NEWSLETTER BALANCE DUE ON CHAIR FOR SENIOR CENTER PHONES FOR CITY OWNED FACILITIES REFUND, RECREATION PROGRAM FLOW MEASURMENTS/CALCULATION FOR SEWER LINE REFUND, WASTE WATER DISPOSAL SERVICES 050897 24233 6227 46851 35619 2500 25178 38866 5000 12075 7493 3322 6000 70318 6,66668 1,10291 95905 61169 35258 24165 6465 6327 4000 94000 3150 CITY OF GRAND TERRACE DATE: MAY 8,1997 _ OUTSTANDING DEMANDS AS OF: _ _ _ _ MAY 8,1997 CHECK W,, VENDOR D ,%QW_TK CHECK REGISTER NO: 050897 38026 YOLANDA MARTINEZ TRANSCRIBE TAPE/ HISTORICAL & CULTURAL COMMITTEE 74200 38027 PATRIZIA MATERASSI AUTO ALLOWANCE FOR MAY, 1997 20000 38028 NATIONAL SEMINAR GROUP REGISTRATION, RECREATION DEPARTMENT SEMINAR 20850 38029 OTIS ELEVATOR COMPANY MAINTENANCE ON ELEVATOR, MAY, 1997 24128 38030 JOHN OWEN SR REFUND, WASTE WATER DISPOSAL SERVICES 1575 38031 PAPA REGISTRATION FOR MAINTENANCE DEPARTMENT CONFERENCE 4500 38032 PACIFIC BELL PHONES FOR CITY OWNED FACILITIES 64396 38033 PETTY CASH REIMBURSE GENERAL PETTY CASH -FINANCE 13245 38034 POST TOOLS, INC MAINTENANCE DEPARTMENT SUPPLIES 4089 38035 DENNICE PRECIE MONITOR, RECREATION PROGRAMS 6360 38036 PRIME EQUIPMENT RENT EQUIPMENT/SUPPLIES FOR MAINTENANCE DEPARTMENT 59495 38037 PRIMO PAINTING PAINT INTERIOR OF SENIOR CENTER 1,14700 38038 FRED PRYOR SEMINARS REGISTRATION FOR SEMINAR, P MATERASSI 14900 38041 EUGENE ROBINSON REFUND, WASTE WATER DISPOSAL SERVICES 997 38042 COUNTY OF SAN BERNARDINO FUEL FOR CHILD CARE VAN 2889 38043 COUNTY OF SAN BERNARDINO LAW ENFORCEMENT/CRIME PREVENTION OFFICER FOR MAY, 1997 OVERTIME/CELL PHONE FOR JAN-MARCH, 1997 92,73412 38044 SILVER BULLET HEAVY DUTY CUTTER FOR FIRE DEPARTMENT 2,41008 38045 JIM SIMS PLANNING COMMISSION MEETING, 4/17197 5000 38047 THE SUN NOTICE OF PUBLIC HEARING 6028 38048 SUNRISE CHEM-DRY WATER DAMAGE REPAIRS, CHILD CARE CENTER 18000 38049 SYSCO FOOD FOR CHILD CARE 90173 38050 TEXACO CREDIT CARD CENTER FUEL FOR CITY OWNED VEHICLES 45015 38051 CHRISTIE THIERRY REIMBURSEMENT FOR LOCAL MILEAGE 4979 38052 TRAFFIC SPECIALTIES, INC CAUTION TAPE, WASTE WATER DISPOSAL DEPARTMENT 3879 PAGE 5 DATE: _ _ MAY 8, 1997 OUTSTANDING DEMANDS AS OF: CHFCIM. VENDOR CITY OF GRAND TERRACE CHECK REGISTER NO: 050897 MAY 8,1997 _-- - _ - - - - - ------ _-_-- I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF THE CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY BERNARD SIMON FINANCE DIRECTOR CITY OF GRAND TERRACE PENDING CITY CITY COUNCIL MINUTES COUNCIL APPROVAL REGULAR COUNCIL MEETING - APRIL 24. 1997 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, Cahfonua, on April 24, 1997 at 6 00 p m PRESENT: Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember 1 Jim Smgley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Pa=a Materassi, Community Development Director Virgil Barham, Building and Safety Director IA. Mike Howell, Shenff's Department ABSENT: Byron Matteson, Mayor John Harper, City Attorney The meeting was opened with mvocation by Pastor Salon Elias, Azure Hills Seventh-Day t� Adventist Church, followed by the Pledge of Allegiance led by Mayor Pro Tem Dan Buchanan SPECIAL PRESENTATIONS 2A Rggychn? Family of the Month - March 1997 Mayor Pro Tem Buchanan announced that Mr & Mrs Estes and family are the recipients of the recycling family of the month award for March 1997 and of the local merchant gift certificates from Blue Mountain Coffee House, Food Connection Restaurant, Demetns Restaurant, and La Pasta Italia. 2B Proclamation - Soil and Water StewardstuF Week - AW 27 - May 4, 1997 Councilmember Garcia read a proclamation proclaiming the week of April 27 - May 4, 1997 as Soil and Water Stewardship Week in the City of Grand Terrace. 2C Proclamation - Toddler Immunization Month - May 1997 Councilmember Singley read a proclamation proclaiming May 1997 as Toddler Immunization Month m the City of Grand Terrace. Mayor Pro Tem Buchanan presented the proclamation to Abigail Ryan from San Bernardmo County Department of Public Health COUNCIL AGENDA REIII # ' Council Mmutes Apn124, 1997 Page 3 Mayor Pro Tern Buchanan, reported that he attended the San Bernardino County Board of Supervisors meeting last Tuesday regarding to the fire consolidation issue that we have been discussing The Board voted to authorize staff to bring to them a concise report outlining what they have done so far, however, part of their motion included closing public input which he felt was unfair unless they limit their discussion and decision to the scope of the study that they are going to propose He stated that he plans to attend their next meeting along with City Manager Schwab He reported that on Sunday, May 4, 1997 the City of Grand Terrace and Historical and Cultural Activities Committee will be sponsoring their annual Fine Arts Show from 100 p m to 4 00 p m in the Grand Terrace Community Meeting Room located at the Civic Center The Art Show is open to exhibitors who reside and/or are employed in the City of Grand Terrace He also report that he attended the Terrace View PTA Safety Fair which was well attended and offered a lot of information relating to health and safety issues He stated that he has spoken to Mayor Matteson on several occasions and that we can expect to have him back on May 8, 1997 He reported that the Grand Terrace Branch Library will be honoring their Volunteers on Friday, April 25, 1997 during a Volunteer Appreciation event and that the Fire Explorer Post will be hosting a cow drop contest during the Grand Terrace Day's Fair Councilmember Singlgy, expressed Ins disappointment with an article that was printed in the Grand Terrace City Newspaper that related to Community Development Director Materassi Councils iember Garcia, congratulated Tonya Nelson, CSO, who will be leaving the City of Grand Terrace and wished her well She requested that there be an exit interview with Ms Nelson to get ideas on how to make the CSO position the best that it can be She reported on a vehicle vandalism incident that occurred at Pico Park and the quick apprehension of the individual who was responsible for it. She read a thank you letter on behalf of Steve Hartert, the owner of the vehicle, for the quick response of the City and the San Bernardino County Shenff's Department. She reminded the Council that on May 1, 1997 the General Plan Task Force will be making their presentation at the Planning Commission Meeting and urged the Council to attend but not participate in the discussion Community Development Director Matemssi, stated that she has invited the Planning Commission to come to the City Council meeting on May 8, 1997 Councilmember Garcia, stated that she attended the Rare Book Auction put on by the Library which was very organized and successful She stated that the library offers many programs which include a grandparents and books program where older adults volunteer to read stones in the public library and a book discussion group She reported that the Women's Club will be sponsoring Monte Carlo Night on Saturday, May 3, 1997 at the Complex Center in Redlands She expressed her excitement with Mayor Matteson's return and recommended that we have a welcome back reception for him Community Services Department Staff Report CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE May 8, 1997 SUBJECT STREET SWEEPING SERVICES REQUEST FOR PROPOSALS t� NO FUNDING REQUIRED XX Typically, the City of Grand Terrace has reviewed and bid our street sweeping services contract every two years to both test the market conditions for this service, as well as conduct a comprehensive review of our services by the provider The current provider, R F Dixon, has been the provider for the past eight (8) years The service level has been high and the need to bid should not be seen as a reflection on the quality of the services they have provided, which has been very good and responsive to our needs Staff has provided them with the required notice that the contract will be terminated effective July 31, 1997, but we are encouraging them to submit a proposal in this new process This item is a request for the City Council to approve the necessary bid specifications and authorize a competitive bidding process for street sweeping services The only significant change from previous years to the conditions in previous agreements will include an extended contract period of two years, with the City's option to automatically renew the contract for an additional three This is recommended as an incentive for the providers to be competitive to their pricing and for the selected contractor to maintain a high service level during the contract period RECOMMENDATION: That the City Council approve the Specifications for Street Sweeping Services, and Authorize a Competitive Bid Process ATTACHMENTS Bid Specifications (Available for Public Review in the City Clerk's Office) COUNCIL AGENDA ITEM !1 �e Staff Report CRA ITEM () COUNCIL ITEM (X) MEETING DATE May 8,1997 SUBJECT TEMPORARY STREET CLOSURE FOR BLOCK PARTY - EMERALD STREET The residents on the east end of Emerald Street (22230 Emerald through 22258 Emerald) are requesting approval to block off the cul-de-sac on May 24th, from 100 p in to 10 00 p m to allow them to hold a Block Party The request is attached indicating their intent and approval of all affected residents Staff Recommends Council. Authorize the closure of the east end of Emerald Court on May 24, 1997 from 100 p in to 10 00 p m for the purpose of a Block Party COUNCII. AGENDA f IEA1 # �I" j, � ea►#�� UpAb=T-TER-M;DATE April 30, 1997 STAFF REPO T CITE' MANAGER'S DEPARTMENT CRA ITEM ( ) COUNCIL ITEM (roc) MEETING DATE May 8, 1997 SUBJECT STATEMENT OF INVESTMENT POLICY FOR THE CITY OF GRAND TERRACE FUNDING REQUIRED NO FUNDING REQUIRED XX Government Code requires the City Treasurer to present to the governing body an Annual ✓ Statement of Investment Policy This Policy was revised in 1995-96 and this same Policy has been in effect since those changes were made and maintains the liquidity that is needed while yielding a fair market STAFF RECOMMENDS THAT THE CITY ADOPT THE ATTACHED INVESTMENT POLICY FOR THE CITY OF GRAND TERRACE COUNCIL AGENDA ITEM #3G 1.0 It is the policy of the City of Grand Terrace to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all statutes governing the investment of City funds. 2.0 BCOPE This investment policy applies to all financial assets of the City. These funds are audited annually and accounted for in the Comprehensive Annual Report. Funds include the General Fund, Special Revenue Funds, Trust Funds, Debt Service Funds and any other City Funds. Investments shall be made with judgement and care -under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. 4.0 OHJECTI" The primary objectives, in order of priority, of the investment activities shall be: 1. 8APETY: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses in individual securities do not exceed the income generated from the remainder of the portfolio. 2. LIQUIDITY: The investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 2C s�� _ 8.0 No public deposit shall be made except in a qualifisd public depository as established by state lava. For broker/dealers of government securities and other investments, the Treasurer shall select only broker/dealers rho are licensed and in good standing with the California Department of Securities, the Securities and Exchange Commission and the Ratio Association of Securities Dealers. National AUTHORISED IFV'EBa: The City of Grand Terrace is empowered by statut4 and authorized by Council to invest in the following: A. D. B . TRASURY OBLIGATIONS ( TREASURY BILLS, TRa"Cay NOTES). B. REPURCSASE AGREE19ENTS. C. CERTIFICATES OF DEPOSIT BITS STATE DAM# IUMOZML BANSB, STATE OR FEDERAL SAVrM ASSOCIATIONS, STATs MW FED CREDIT UNIons IN CALZFOam, that are fully insured by federal or state deposit insurance. The Treasurer may waive collateralization in lieu of deposit insurance. D. NEGOTIABLE CZRTIFIcATEs OF DEPOSIT, COLLATERAL,=BED wITB D.S. TREASURY OBLIGATIONS JMVING A MARKET PALUX OF 110%. The treasurer may, at his discretion, waive security for that portion of a deposit that already is covered by federal or state deposit insurance. E. PASSBOOK SAVINGS ACCOUNTS PLACED WITH FEDERAL OR S BANKS OR CREDIT UNIONS, that are fully insured by federal or state deposit insurance. The Treasurer may waive collateral ization in lieu of deposit insurance. F. SECURITIES ISSUED BY FEDERAL AGENCIES. G. LOCAL AGENCY INVESTIUMT FUND (LAZY)* Special Fund of the State Treasury in which local agencies are allowed to pool their funds for investment purposes up to a maximum of $20 Killion. LAIF will have its own investment policy that will differ from the City. S. MUTUAL FUMS, issued by diversified management companies as defined by Section 23701m of the Revenue and Taxation Code, provided that the portfolio of such investment company or investment trust is limited to O.S. government obligations or agencies of the federal government and repurchase agreements fully collateralized by such securities. -3- DEFINITIONS - PAGE 1 Inttered bearing active deposits are money market accounts at a firmicial institution (i.e., bank, savings and loan, credit union). These accounts are demand accounts Q.e., checldng accounts) with restricted transmoon acdvily. Inactive deposits are certificates of deposit issued in any amount for perlods of time as short as fourteen days and as long as several years. Interest must be calculated on a 360-day basis, actual number of days. Passbook savings account is sknilar to an inactive deposit except not for a fixed term. The intemst rate Is much lower than CD's, but the savings account allows us fleAdbTdy. Funds can be deposited and whhdmwn according to our daffy needs. INVESTMENT SECURITIES U.S. TREASURY ISSUES are direct obligations of the United States GovemmeM. These issues are caned bills, notes and bonds. The maturity range of new Issues Is from 13 weeks (T-8111s) to 30 years (T-Bonds). These are highly liquid and are considered the safest Investment security. FEDERAL AGENCY securities are issued by direct U.S. Govenwro t agencies or quasi -government agencies. These Issues are guaranteed dIrec tly or kK&wdy by the United States Government Examples of these securities are Federal Horne Loan Bank "LB) notes, Federal National Mortgage Association (FNMA) notes. Federal Farm Credit Bank (FFCB) notes, Federal intermediate Credit Bank (FIC) debentures, Small Business Administration (SBA) notes, Government National MortgQe Association (GNMA) notes and Student Loan Association (SALLMAE) notes. CERTIFICATES OF DEPOSIT are investments for inactive funds issued by banks, savings and loans and credit unions. Investrnents of $100,000 are insured respectively by Federal Deposit Insurance Corporatlon (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). FINANCIAL FUTURES AND FINANCIAL OPTIONS are forward contracts for securities. The government code states that a local agency may incur future contracts/options in any of the investment secunties enumerated in Section 53601, A- M. NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured obligations of the financial institutim. These securities are generally issued in bearer form and pay interest at maturity. Although negotiable, a strong secondary market exists only to the NCO's issued by the largest United States banks. Examples of large banks include Bank of Amenca, Citibank, Chase Manhattan, Manufacturers Hanover, etc.. DEFINITIONS - PAGE 3 LOCAL AGENCY INVESTMENT FUND (LJLI.F.) is a special fund in the State Treasury which local agencies may use to deposit funds for investineriL There is no minimum Investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $15 million for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. AN interest is distn'buted to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via a check or warrant. The State keeps an amount for reasonable costs of making the investments, not to exceed one -quarter of one per cent of the earnings. COUNTY POOLED FUNDS is similar to the State of California Local Agency Investment Fund (tAiF). For example Los Angeles County has two pools, one of which is offered to municipal governments. This pool had assets of over $103 million as of November 30, 1990. The pool is administered by an outside contracted professional cash management firm, Discount Corporation of New York All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are invested Interest is paid monthly via check~ warrant or a direct deposit to the agency`s County Pooled Fund account The County keeps an amount for reasonable administrative costs of the pool. The advantage of a County Pooled Investment fund is the high level of liquidity and safety. There are few, if any, restrictions to number of transactions or dollar amount of deposits or withdrawals. The funds deposited by a local agency in a County Pooled Investment fund cannot be attached by the County. There are a number of counties who offer such pool programs. MUTUAL FUNDS are referred to in the Government Code, Section 53601, L, as shares of beneficial interest issued by diversified management companies. The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of Califomia and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit. Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Terns Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also applies to the Mutual Fund. A further restriction is that the purchase price of shares of the mutual funds shall not include any sales commission investments in mutual funds shall not exceed fifteen per cent of the local agency's surplus money - C°�I`r'�/ GH H"` DEPARTMENT OF Et -t,DING & SAFETY PUBLIC WORKS AND HOUSING 22795 Barton Road Suite B Grand Terrace California 92313-5295 Civic Center (909) 825-3825 Fax (909) 825-7506 STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (XX ) MEETING DATE: May 8,1996 SUBJECT: APPROVE STAFF ATTENDANCE AT NAHRO'S SPRING CONFERENCE, MAY 19-21,1997 FUNDING REQUIRED NO FUNDING REQUIRED xxx The Pacific Southwest Council of NAHRO (National Association of Housing & Redevelopment Officials) is holding their spring conference in Monterey, May 19-21, 1997. Housing Specialist Margie Ayars is a member of this organization and would benefit from the training being offered by NAHRO at this seminar. Sufficient funds are available in the Housing Department's travel and meeting account. AUTHORIZE THE HOUSING SPECIALIST TO ATTEND THE NAHRO SPRING CONFERENCE, MAY 19-21, 1997 IN MONTEREY, CALIFORNIA. ma Attachment COUNCIL AGENDA ITEWI# 3A 04/ 23/ 1997 11 36 5105473067 PAC SSW REG/NAF-RO PACE 03 "Sea of Change" 1997 Spring Conference & Commissioners' Training Monterey, California May 18 - 21, 1997 SUNDAY, MAY 18 8.00 am Registratim for Commtraioners, jkabmg 9.00 - 4:00 pm COMMISSIONERS' TRAINING 2:00 pm Contereace Registration 3.00 - 5:00 pm PSWRC Cotnmtttee Meetings MONDAY, MAY 19 1 8:00 am Remotion 8:30 -11.45 am PSWRC Executive Board Mee ft 12:30.1.30 prig Luncheon and Welcoming Speaker 1:49 - 4 00 pm Le wkdve Overview: The National Perspective Moderator Kazvn ZLorewm Vice Pmeetdent, CRAD, National NAHRO, and Director, Tuwoo Commumtty Services Depar went Speakers Julio Bareeto, Dttector. Legislation and ProVatn Development, NAHRO, Washington, D C , Richard C. Gentry, NAHRO National Prea*dent, and Executive Director. Richmond (VA) Redevelopment and Housing Authority 5:00 - 6:30 pas OPENING RECEPTION 04/23/1997 11 36 5105473067 { PAC SW REG/NAFIRO PAGE 85 Cj PROFESSIONAL DEVELOPMENT 9 00 am - 4:00 pm Navigating the 'Net and Why You %*old Be (all day session) Learn basic Internet navigation techniques, including the use of search engines, to access industry specific information. databases and general business applications. Get bps on taking efficient vovages through the bsumot and World Wide Web and undmianding the value and uses of e-mail ' in business operations, 11113 will be a multimedia presentation with 'live" on-line demonstrations Host. Karen Weitzel, Executive Director. Santa Barbara County Housing Authorty Presenter Randy Smak Professor, California State Utuvetstty at Monterey Bay FINANCE 9 00 -11 4S anti Benchmarking: How Do You Rate? i Benchmarking (defined) "A process by whncb housing authorities are rated and ranked accord- ing to pezformance in such areas as highest administrative fee earned in relationsbip to operating costs, highest average dwelling rent arbteved in the public housing program " Come loin us for a look at the numbers, and we'll geticrate: some ideas that you can urn to unpmve the BOT- TOM LINE Moderator Ken Kagler, Director of Finance, Tulare County Housing Antbcrrty 12:00-1.45 pm LUNCHEON, PSVMC BUSINESS MEETUNG AND ELECTION Guest Speaker TBA AFTERNOON SESSIONS 2:00.4:4S pm HOUSING 1-00 - 3:15 pm A Model State Code: Rims .for the Future The key to our ability to serve our clients in a changing environment rests with the provisions of our state enabling laws The Housing and Development Law ]institute (HDLI) and NAHRO have prepared a model law which will allow housing authorities to become much more entrepreneurial in providing of brdable housing in the years ahead. Hear a presentation on the salient features of the model code and the steps required for its enactment. Moderator Robert C: Wilson, Executive Director, Fmno Housing Autirocity Speakers William Maher, Executive Director and Counsel, Housing Development Law Institute, Washington, D C . Lloyd Hicks, Attorney at Law'. Counsel to the Tulare County Housing Authority 3 30 - 4 45 pm Discussion with the Lawyen More and mare of whir we do and bow we do it is driven by court decisions and other legal pnA- ciplcs Get an update on some of the leading legal trends affectmg us, including a proposal to force HUD to grant housing authorities the same grievance rights to appeal HXJD deeissotis as is -- given our clients Audience participation and questions are encouraged. Moderator Robert Q WOson, Execubve Director. Fresno Howing Authority Speakers William Maher. Executive Director and Counsel, Housing Development Law Institute. washmpon, D C , Lloyd hunks. Attorney at Law. Counsel to the Tulare County Housing Audmnty V4f LJ/ 177r 11 JO JLUJY JVVr t-fVtr -7Y rW-WPtF1d-1CU rF'1LL Vr 4 HOUSING 9:00 -10:15 am Local Cortrol Now That We Have It, What Do We Do with It? Recent fWcral legislation ha6 enabled bousing authorities to be much more selective in choosing wbo will be housed and who will be ternnmated for criminal acttvity We have been advocates for this selectivity and judgment, but are we taking advantage of the opportunities presented to us? Participate in a session designed to tdentify the new opportunities available by law and share with us what V our agency has done to implement IL Be sure to bang copies of your Admissions Polley to share with our audience Moderator- Donna Caucus, Deputy Director, Presno Housing Authority Speaker Gus Ramos, Deputy Executive Director. Clark County Houstag Authority, 10:30 - i1.45 am Cooperation and ConsoNation Among Loesl Housing,A,ntboritiea Resources have shrunk. and there is ongoing pressure from the federal government for a regional delivery of servues to governmental program benet".,ianes Housing authorities must look for opportunities to cooperate with one another, financially as well as politically Even the merger of some functions should be considered_ Mus session will explore several successful models of cooperation, joint operation, and consolidation and will consider proposals beyond what has already been done Moderator Hugh Scott, Consultant, Housing Management Systems, Novato, CA CR&D 9:00.10:15 am Mark to Market A frank discussion regarding the two issttes of Portfolio Re-engweenng by repreaentattvas of both the public and private sectors Coma with yotir questions and comments to our "talk show format that will take a thought-provokmg loon at one of the most difficult issues facing affordable housing Moderator Lisa Balzer, Principal, Baker StteetAssociates, Culver City, CA Speakers L Job Lage now, ChWFhmcW Officer, 21st Oono y Housing. Encino. CA. Kam Tltoreson, Vice President, CR&D, Natioiiai NAHRO, and Director. Titscon Community Services Department 10:30 -11:45 sin Economic and Community Devebpmiim IU Job Comecdon Come hew bow to identify opportunities to link the creation of new jobs through economic and community development activities with the placement of cheats in transition toward self sufft- ciency Moderator Ted Barton, Director of Economic Development, City of Berkeley Speakers To be determined PROFESSIONAL DEVELOPMENT 9:00. 11.4S am Saving the SEMAP Need help seeing through the murky waters of the proposed SEMAP (Section 8 Management Assessment Progtam)9 Veteran trainer Gay Foatana-Ybatra will help you chart a course for SEMAP success by introducing water -tight processes and procedures for ttaclang vital inform&- tion and ensuring quality control Host. Art CarabaJol. Housing Programs Director; Santa Clara County Housing Authority Speaker Gay Fontana-Ybarrs, Consultant CITY OF GRAND TERRACE HISTORICAL & CULTURAL ACTIVITIES COMMITTEE APR 2 11997 MINUTES FOR APRIL 7, 1997 OiYO= The meeting was called to order by Chairman Vi Gratson at 7 PM. Those present were Ann Petta, Vi, Brenda Stanfill, Shelly Rosenkeld, Colleen Edmundson, Hannah Laister, Pauline Grant and Judy McBride. The Secretary's minutes for March were read. Brenda reported that the Committee Request for Action concerning using our tapes ,-� for the historical booklet does not have to go to the Council; it can go directly to the City Attorney. Motion to accept the minutes was made by Judy, seconded by Ann, all in favor. Treasurer's Report: Colleen presented her report showing a balance of $765.26. Ann presented Colleen with two more invoices for tapes. Yolanda is owed for a total of six tapes. Ann made a motion to pay these invoices, seconded by Judy, all in favor. Ann turned in two more completed tapes, has two more to be completed. The final tape will be the Baden tape. Motion to accept the Treasurer's report was made by Ann, seconded by Hannah, all in favor. Art Show: We only have seven entries so far. Ann has been on the phone Flyers and posters are ready to go out and will be put up around town the week of the 19th. Hannah, Colleen, Judy and Vi will do this. Hannah and Colleen will check supplies, all members to bring two dozen finger foods and John Donlevy will be asked about the banner. Shelly will get helium and ballons. It haS been called to our attention that younger people wouold like to participate. We will let the high schools and grade schools know to get ready for the 20th year show. NEW BUSINESS: History: A letter was received from Lee Ann Garcia on an idea for our history- Vi thanked her for being interested in our committeeand that we are working toward that goal. Colleen and Hannah visited the Colton Museum where they were warmly welcomed by Mr. Olsen who said that anything they have pertaining to Grand Terrace we can haved for our collection and that any help they might give, they will gladly do. They also have several display cases that we can have. Grand Terrace Days: They do not need things to be passed out such as flyers, etc. They do need children's activities which our Committee does not feel it can do. Show Case: The case needs to be changed. Colleen volunterred to look into the history of the school dist rict and fill the case with this information. This was agr eed to by all. Next meeting is May 5. Adjourned at 8 PM. Respectful0-.J,l submitted, COUNCIL AGENDA1'iEM `(� Community Development Department STAFF REPORT y. v� t 4\ n \\ CRA ITEM( ) COUNCIL ITEM (X) MEETING DATE May 8, 1997 FUNDING REQUIRED NO FUNDING REQUIRED _X_ SUBJECT GP-97-07BRSP-97-01/Z-97-01, and E-96-13 an application to 1) amend the Grand Terrace General Plan Land Use Map designation of (OP) to Office Commercial (OC), and change parcels 5,6, and 7 from parcel map 6462 from General Commercial (GC) to Office Commercial (OC) designatlon as illustrated in General Plan Land Use Map, 2) amend the Barton Road Spmi is Plan Land Use Macs by changing parcel 6, and 7 of parcel map 6462 from Village Commercial (VC) to Administrative Professional District (AP), and 3) the associated Negative Declaration RECOMMENDATION Approval based on findings in the associated ordinance. PURPOSE. The overall purpose of this amendment, is to allow the facilities expansion of Azure Hills Church, such as playground area for its private school students On April 17, 1997, the Planning Commission approved the subject amendments and recommended the City Council approve the Ordinance as proposed (please refer to Ordinance, Exhibit -1) The applicant, Azure Hills Seventh Day Adventist Church, submitted a General Plan Amendment and Zone Change applications to rezone the Barton Road Specific Plan Land Use designation of two vacant parcels on the south side of City Center Court Azure Hills is presently in the process of purchasing the subject parcels for the construction of a playground for the Educational Center This proposal was initiated because the existing playground and recreational open space was removed in order to provide additional off-street parking and alleviate parking hazards around the Azure Hills Church property No formal development plans for the playground have been submitted as part of the proposal, however Azure Hills has been working with the Community Development Department on conceptual designs In addition to the zone change, the Planning Commission recommendation was for plans for a park -like playground area to be submitted for their review Azure Hills has applied for Planning Commission reconsideration of their determination since the project will consist only of a playground relocation not a park -like proposal The issue will be discussed at the Planning Commission meeting of May 15, 1997 The playground relocation area will be reviewed either by the Planning Commission or by Staff at a later date Playground issues will be subject of a Site and Architectural Review and are not part of this report. 22795 Barton Road - Grand Terrace, California 92313-5293,3ILEWA Mj M # 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE BARTON ROAD SPECIFIC PLAN OF SAID CITY IN BRSP-97-01-A2 AND NEGATIVE DECLARATION E-97-02, AMENDING THE PLAN AS FOLLOWS: 1) CHANGE PARCELS 6 AND 7 OF PARCEL MAP 6462 (APN: 277-161-33 & 32) FROM VILLAGE COMMERCIAL (VC) TO ADMINISTRATIVE/ PROFESSIONAL DISTRICT (AP) AS ILLUSTRATED ON THE SUBAREA REFERENCE MAP AND SPECIFIC PLAN LAND USE MAP IN SAID PLAN, AND AMENDING THE GRAND TERRACE GENERAL PLAN LAND USE MAP AS FOLLOWS: 1) CHANGE ALL LAND USE DESIGNATIONS OF (OP)TO OFFICE COMMERCIAL (OC); AND 2) CHANGE PARCELS 5,6 & 7 FROM PARCEL MAP 6462 FROM GENERAL COMMERCIAL (GC) TO OFFICE COMMERCIAL (OC) AS ILLUSTRATED IN GENERAL PLAN LAND USE MAP FILED BY AZURE HILLS SEVENTH DAY ADVENTIST CHURCH. WHEREAS, the proposed amendment are located in the Grand Terrace Redevelopment WHEREAS, the Azure Hill Seventh Day Adventist Church has initiated the proposed Barton Road Specific Plan Land Use amendment, and the Community Development Department has initiated the proposed General Plan Land Use Map amendment, and approved by the Planning Commission, and WHEREAS, the following findings have been set forth in the Staff Report to the Planning Commission of the City of Grand Terrace, California The proposed project is consistent with the General Plan FACTS The amendment to the Barton Road SnecifiC Plan Land Use Designation from VC to AP proposal is consistent with the General Plan due to the fact that AP designation is consistent with the General Plan Land Use Map designation of OC, as amended for OP 2 The proposed amendment to the Barton Road S,I&cific Plan Land Use Designation from VC to AP is consistent with all other applicable requirements of the local ordinances and state law FACTS The amendment does not propose any physical site changes All future projects shall meet all applicable development standards including, but not limited to, setbacks, access, circulation, parking, lighting, and landscaping of the Grand Terrace Zonmg Code and applicable development policies of the General Plan EXI-IIBIT - 1 Amendment Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS Section 1 Barton Road Specific Plan Chapter II, Subarea Reference Map, Exhibit II, is hereby amended by graphically indicating the boundaries of the proposed district change (attached herein by reference, Attachment A) Section 2 Barton Road Specific Plan Chapter H, Specific Plan Land Use Map, Exhibit III, is hereby amended by graphically indicating the boundaries of the proposed district change (attached herein by reference, Attachment B) Section 3 Grand Terrace General Plan Land Use Map, is hereby amended by graphically indicating the boundaries of the proposed district change (attached herein by reference, Attachment C) Section 4 Grand Terrace General Plan Land Use Map, is hereby amended by graphically correcting all the land use designation of OP to OC (attached herein by reference, Attachment D) Section 5 Development decisions shall be based on the Barton Road Specific Plan standards and the Grand Terrace General Plan as incorporated and adopted by Ordinance of the City of Grand Terrace Section 6 Effective Date. This ordinance shall be in full force and effect at 12 01 a m on the 31st day of its adoption Section 7 Posting, The City Clerk shall cause this ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council Section 8 First read at a regular meeting of the City Council of said City held on the 8th day of May, 1997 and finally adopted and ordered posted at a regular meeting of said City Council on the 22th day of May, 1997 3 {fit}. M�1W .VNI n ry V,\R'Mc ' J5} Y.� ,n i;.v V1ti'•+},i ♦♦� : v • }•r v v. x.t ;•.y •r ::•r.• i •r{�Jr: ir: A •`v-YrJVJ'r VI I • • K}Yrwtti7:', 1^`, v J{r . � . � evrlfrfri ;rtt � 14;) i -`RVKSVYr.1lv�`r•-%'•:^i•.:,:1.tVLJ7J7!✓r•JI�~frJrir/.Nr7.tl`7/ •l.i f�7N�Iri �/A-.•JJ..J 1�77>.•� .�:� :. NY' ? Y {ram.. -•:ti: •tv r.:: `n•rr.i•:{"�'/•%✓'!Y �,yx,rinv,.i.•'!•:. r{•Y yyr �.r/�• i f^ 7o ?i.;<^'` lMYv.Cl•,X%"S y� � I Jtr Ii S•%,Ir� / x� �K{ ,�} i%`. 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MIIIIIIII ■ �!r!t! ...•�- .rtlll.r1111� � \II■ . �.Iltloinlot 11 — — - ■ 1111t11/Dll1/ All / •i 111111t11/1415 Small � � �`11�111.1.1�11�11111� I111111t11I��• //1�1 �riilltIII sORION lsom►t1ill!!..■ -: iOak!1t11;1U1111.1 ji/►v noi' .tlttltt.lmUPON i 11t11t1tt/111`��t1111 �111 ■tltlttlt.o :� ii iIIl1. ■�tertrll�.� .� �1»,: r'it�trt'iiii Hil llltl�>ti■ � �11111m 111t11t11111■ .1�11� I�I��n f► l7 Fi4611 r1w Community Development Department TO: Planning Commission FROM: Community Development Department IDATE: April 17,1997 t ` SUBJECT: 1) BRSP•97-1-A2 (2r97-01), E-97-02, and application to change the Land Use Designation of parcels 6 and 7 of Parcel Map 6462 from Village Commercial (vC) to Administrative/Professional District (AP) within the Grand Terrace Barton Road Specific Plan (Page H-8 and II-10 of the Barton Road Specific Plan); 2) To correct the General Plan Land Use Map to be consistent with the General Plan text by; a) changing all OP designations to Office Commercial (OC) designations, and b) change parcels 5,6 &7 from Parcel Map 6462 from General Commercial (GC) to Office Commercial (OC) as illustrated in General Plan Land Use Map. APPLICANT: Azure Hills Seventh Day Adventist Church LOCATION: Barton Road Specific Plan Zoning District PURPOSE: The overall purpose of this amendment, is to allow the facilities expansion of Azure HMIs Church, such as playground area for its private school students. RECOMMENDATION: Approval of the Barton Road Amendment, BRSP-97-01-A2 based on the findings contained in the staff report. 00000000000000000000000000000000000 ENVIRONMENTAL REVIEW: Per the California Environmental Quality Act (CEQA) Staff has completed an Initial Study to evaluate the potential environmental impacts of the project The public comment period expired on March 27,1997, and comments have been received by the Community Development Department. The proposed amendments to the Grand Terrace Barton Road Specific Plan Land Use Map will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the ATTACEMMNT - 1 22795 Barton Road • Grand Terrace, California 92313-5295 • ( April 17, 1997, Planning Commission Report nsrwaRo 1ND/DISCUSSION: Dimtor's Note: This section of the report a to provide the Planning Commission with mforma 0c on Pro �cet background, code mquiremen% outside agency comments, staff development review process, and negotiations with applicant (as applicable) over past two months. Azure Hills Seventh Day Adventist Church submitted an application to rezone the Barton Road Spectfic Plan Land Use designation of the two subject parcels. Azure Hills is presently in the process of purchasing the subject parcels for the construction of a playground for the Educational Center. This proposal was initiated because the existing playground and recreational open space was removed in order to provide additional off-street parking and alleviate parking hazards around the Azure Hills Church property No formal development plans for the playground have been submitted as part of the proposal, however in the event the rezone application is approved an Administrative Site and Architectural review will be required at minimum (please refer to Attachment -C, Letter of Intent dated February 27,1997 for specifics on Master Plan and playground description) AN T.y ICt 1. Generstl Plan Consistency. Due to ambiguity between the General Plan Text and General Plan Land Use Map, the proposed Specific Plan Land Use Map amendment is not consistent with the current General Plan unless the General Plan is amended as set forth in this ordinance. Due to ambiguities beyond the control of the applicant, the Community Development Department has processed the General Plan Land Use Map amendment concurrently with the Specific Plan Land Use Map amendment The ambiguity anses from the following findings (please read the next paragraph as you refer to Attachment B - The current General Plan Land Use Map) The current General Plan Land Use Map designates the existing Azure Hills Church property as OP. Please note there is no such land use designation in the Map legend nor in the General Plan text. Therefore amending the zoning of the subject parcels without correcting the General Plan designation would result in the proposed Specific Plan being approved based on an assumption of consistency rather than fact. The text of the General Plan includes two (2) commercial use categones as follows ✓ GC- General Commercial, which includes retail and related commercial rises, including neighborhood shopping centers, and 3 medical and health care clinics, travel agencies, insurance agencies, and copy centers. Other like uses consist of executive, management, administrative, or clerical uses including the establishment of branch offices, data processing centers and the provision of consultation establishments of a professional nature" (BRSP page Q-9) Rezoning the two subject parcels from VC to AP is essentially down zoning from a potentially more intense use to a less intense use. Down zoning to AP will reduce any potential impacts a development may have i on parking, noise, and vehicular trip generation, because office uses require less parking and generally generate less noise. Azure Hills is in the process of purchasing the two subject parcels to build a playground area for the existing educational facilities located on an adjoining parcel. The rezoning is necessary for the operation of Azure Hills educational facilities which is a permitted use in the BRSP-AP distract (Churches and Private Schools associated with the church are Permitted -Table 1, Land Use Matrix of the Barton Road Specific Plan) Valuable open space for recreational purposes was compromised in order to provide additional off- street parking and alleviate parking hazards around the Azure Hills Church property. Due to the fact that the proposed playground is an ancillary activity associated with the existing and permitted church use, a zone change is preferred rather than proposing an amendment to the text to include playgrounds into the existing VC district Proposing an amendment to the text would create greater impacts on the Village Commercial District. For example, including a playground use not associated with a Day Care Center (which is currently permitted with a CUP) into the VC district would significantly impact the intent of the VC district which is commercial retail uses of a scale and quality that is compatible with a pedestrian oriented village atmosphere (specialty retail sholel In addition, historically school and church uses have been an acceptable utilization of land within a residential neighborhood. These uses are also permitted in residential zones per the Grand Terrace Zoning Code with a Conditional Use Permit (Table 18 10 030) Designating the two subject parcels as BRSP-AP creates a buyer between single family residences on the south side of the subject parcels, and commercial uses in the Barton Road Specific Plan District. O Lot Merger - As a requuvment of the approval, Azure Hills will merge the lots with the 5 Director's Note: 1) Review staff report and data provided to bade up staff recommendation, 2) should a Commissioner feel data provided is not sufficient to pst* approval please contact staff prior to the meeting so data can be assembled per your desire~ 3) should the Commission feel comfortable with data provided, description of negotiations with applicant, and conditions of approval, than the role of the Planning Commission is to support Staffs recommendations. Revisions or addmons to conditions are mcluded in this option, and 4) the Planning Commission also has the options to deny or continue the proposal. Those options are not recommended by sts therefore there is no mfo provided to bade up these opliaas. Should the Planning Commasian desire to deny or continue proposal, then Planning Commission's role is to call or request staff to provide such mformation. Information will be provided for this meeting m the event contact is made with staff early and case bad permits, or it win be provided by next meetm& 1-he Community Development Department recommends that the Planning Commission recommend to the City Council approval of the attached Ordinance (Exhibit 1) and associated Negative Declaration (Attachment - A) based on findings listed below for BRSP-97-01-A2, and E-97-02 FINDINGS FOR APPROVAL OF BRSP-97-01-A2, E-97-029 and application to amend the Grand Terrace Barton Road Specific Plan Land Use Map from Village Commercial (VC) to Administrative/Professional District (APB and amend the General Plan Land Use Map from General Commercial (GC) to Office Commercial (OC) associated With parcels 6 and 7 of Parcel Map 6462 (APN: 277- 161-33, and 32) April 17,1"7 Based on the hearing evidence, all written and oral testimony, and documents and exhibits are contained in the staff report for the above referenced case, the Planning Commission finds as follows: The proposed Project is consistent with the General Plan. FACTS The amendment to the Baa*!+n Road Spm& Land Use Desrsaatwn Jim VC and Ap proposal is consistent with the General Plan due to the fact that AP designation s consistent with the General Plan Land Use Map designation of OC, as amended from OP 2 The proposed amendment to the Barton Road Ste, ft Land Use Designation from VC and AP is consistent with an other applicable requirements of the local ordinances and state law FACTS The amendment does not propose any physical site changes. An future projects shall meet all applicable development standards including. but not limited uh setbacks, access, circulation, parking. lighting, and bndscapmg of the Grand Terrace Zoning Code and applicable development policies of the General P1am 7 Respec&Hy submitted by Associate Planner Approved by, Patna Materasst Community Development Director Attachments A - Negative Declaration and Initial Study B - Current and Amended GP Land Use Maps, C - Current and Amended Barton Road Specific Zonung Maps D - Azure Hills better of Intent dated February 27, 1997 --EXMg------ --- (Refer to Exhibit 1 of the City Council Report dated May 8, 1997) PM LM lm e %wp61\. 1plannmg\sp\brsp9701 pe 9 I None of Proponent- 2 Address/phone Number of Proponent 3 Dais Study Completed for Posting 4 Agency Requmg Initial Study S Name of Proposal Location of Proposal Azure Sills SDA Church, Tom Mayer and Jack Booker 22633 Barton Road Grand Temee, CA 9D13 (909)82S-8611 February 27,1"7 City of Grand Tema z-97-a Zone Change from Barton Road Specific Plan Village Commercial District (BRSP-VC) to Barton Road Specific Plan Admuusuzuve/Professional (BRSP-AP) District Two (2) parcels on south side of City Center Coact, east of Mt Vernoa Ave, located in the C1ty of Grand Term, CA. (Pared Map 6462, Parcels 6, and 7) and/or (APN: 277-161-32, and 33) 00000000000000000000000000�0000�0♦00000� Earth Will the proposal result in all. Unstable Earth Conditions, changes in geological substructure, disruptions, displacements, substantial changes in topography, datructw4 covering of any unique geologic or physical features, substantially increase in wind or water erosion of soils, erosion of beach sands or increase exposure of people Of property to seismic hazards9 Na The zone change from BRSP-VC to BRSP-AP will not result or create unstable earth conditions or result is changes to geologic substructures as no alterations to the ezb dsg topography le proposed, This Is, due to the zone change being only for the redesignatloa of lead and lacksloa of AP uses into a General Commercial Districk and any potential impacts win be reviewed is accordance to CEQA when specific projects are submitted on a oat-by-oae basis. The two subject parcels are being purchased by the Azure hills Church for their school expansion and will be used as a playground area. Although the zone change will not result is alterations to the existing topography, rough grading on the subject parcels has been approved In conjunction with grading and construction of the new Azure ElMs Cbild hflnbtry Center just east of the subject lob. Existing topography of the subject area Is Ant. 2. Air Will the proposal result in a-C. Substantial air emissions or deterioration of ambient au quality, creation of objectionable odors, alteiamon of err movement? No. The none change from BRSP-VC to BRSP-AP will not alter the current air quality or air flow Yes. The current zoning of BRSP-VC (Barton Road Specific Plan - Village Commercial Df:trld) district Is designed to accommodate specialty sus such as cafes, bakeries, gift shop@, florist shops, book stores, and other similar commercial retail uses of a sale and quality that Is compatible with a pedestrian oriented vNage atmospheres The proposed BRSP - AP (Barton Road Specific Plan - AdminIstrativrJProfessioaal Office Distrkt) district Is Intended to accommodate prokssionalladministsadve office uses and personal service uses as opposed to other commercial retail ases. Typically, uses Include medial and health are clinks, travel sgencles, Insurance sgescies, and copy centers. Other Wee uses consist of executive, management, sdmtnistradve, or clerical uses including the establishment of branch offices, data processing centers and the provision of consultation establishments of a professional nature. .e=aWg (dowazoafag) the two subject parcels from VC to AP will reduce any potential Impact a development may have on parking, aolse, and vehicular trip generation, because office uses require less parkdag and generally generate less noise. Azure RMS Is In the process of purchasing the tun subject parcels to build it playground area for the existing educational fa Mes located on an adjoining parcel. The rezoning its necessary for the operation of Azar* Hills educational hetiltles wbkh is a permitted an to the AP district (Churches and Private Schools associated with the church are Permitted -Table 1, Land Use Matrix of the Barton Road Spedijc Plan} Valuable open space for recreational purposes were compromised In order to provide additional off-street parking sad alleviate parking hazards around the Azure Rills Church property Due to the fad that the proposed playground is an ancillary activity associated with the existing and permitted church am a zone change Is preferred rather than proposing a zoning amendment to Include playgrounds Into the existing VC district. For example, including a playground an not associated with a Day Care Center (permitted with a CUP) into the VC district would significantly impact the intent of the VC district which is commercial retail uses of a sale and quality that Is compatible with a pedestrian oriented village atmosphere (specialty retall shops). The proposed zone change also requires a change to the General Place Land Use Map. The General Plan currently designates the two subject parcels as General Commercial (GC} the proposed zone change is justifiable because it Is consistent with the General Plan's Issue Assessment which states: "Prevention of strip commercial uses along Barton Road is a major coacen. It is the intent of the General Plan that new commercial uses be carefully monitored. New Isolated commercial project .........should be limited and prevented wherever possibiLm This supports the observation that the proposed lots are isolated from both a physical and visual perspective, so commercial development should be discouraged Therefore, the General Plan Land Use Map change from GC to OC will be in compliance with the General Plan Gosh and Policies, and the Barton Road Specific Plan zone change from VC to AP will also be consistent with the General Plan Lnd Use Map, Gosh and Policies. Ali future development will be reviewed for compliance of the Barton Road Specific Plan requirements. hudgation Measure: In the event Azure Hills develops ON the two subject Jots, a requirement for a lot meager of the two subject Job with the existing Azure Hills property will be required. This measure wig reduce the Impacts (Le. lack of flatare parking and playground f chides) in the event Azure no sells the subject parcels for office development, Compliance Time Period: Prior to issuance of building permits for development Responsible Parties: Azure HMs SDA Church 9 Natural Resources, Will the proposal result m. a-b use of substantial amounts of Nel or energy or increase the demand? No. The zone change from BRSP-VC to BRSP-AP will not affect the fad nppUes or Increase die demand. 'Ills is die to tie zone change being oaty for the cedssignatlon of land aad Inclusion of AP and into a Central Commercial DW t, and any potential Impacts will be reviewed In accordance to CEQA when specific projects are submitted on a one -by -one basis. 16 (ihlrties. Will the proposal result in a need for new systems, or substantial aherabons to the followmg utilities a. No. The zone change him BRSP-VC to BRSP-AP will not result IN new power mad gas systems. This is due to the zone change being only for the redeslpatfoa of bad and Indasloa of AP ass Into a General Commercial District, and any potential Impacts will be reviewed r accordance to CEQA when spedfie projects are submitted on a one -by -one bass. b No. tie zone change from BRSP-VC to BRSP-AP will not result is new communication systems. This is due to the zone change being only for the redesignadon of lead and Inclusion of AP ants into a General Commercial District, and any potential impacts will be reviewed to accordance to CEQA when specific projects are submitted on a one -by -one bad. c No. The zone change from BRSP-VC to BRSi-AP will not result In new water systems or alter edsting ones. This is due to the zone change being only for the redesignation of land and Inchuba of AP uses Into a General Commercial DistrK and any potential Impacts will be reviewed fa accordance to CEQA whes specific projects are submitted on a one-by-ose basis. d. No. The zone change fts BRSP-VC to BRSP AP will not result In new sewer and septic tanks. This is due to the zone change being only for the redesignatios of sod and inclusion of AP uses Into a General Commercial District, and any potential Impacts will be reviewed In accordance to CEQA when specific projects are submitted on a one -by ose bass. L No. The zone change hom BRSP-VC to BRSP-AP will sot result to tie need for new solid waste and disposal systems. 'Isis Is dae to the zone change being only for the redesignadon of land and Inclusion of AP uses into a General Commercial District, and any potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. 17 Human Health. Will the proposal result In a-b Creation of any health hazard or exposure of people to potential hazards? No. lit zone change ft es BRSP VC to BRSP-AP will not Involve health hazard situations wbkh could died the pubes M Is due to the zone eb&M being only for tie redaigsation of land and taelosloa of AP uses into a General CommercW Dbtrki; and my potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -oat basis. Is Aesthetics Will the proposal result in the obsttuction of any scenic vista or view open to the public or will the proposal resuh in the creation of offensive site*) No. The zone change ism BRSP-VC to BRSP-AP will ant obstmd any scenic vistas or view open to the public or crate as offensive situ This is due to the use change being only for the redesigmadoa of land and inclusion of AP ass lento a General Commercial District, aad any potential impacts will be reviewed is accordance to CEQA when specific projects are submitted on a one -by - one bass. 19 Recces m Will the proposal result es All anpad upon the quality or quantity ofexisbog re mwonal opporttinma? beings. M Is due to the zone change being only for the redesignation of land and Inclasloa of Al uses Into a General Commercial District, and say potential Impacts will be reviewed Is accordance to CEQA when specific projects are submitted on a one -by -one basis. Im c\wol\. V1mnmg\EavumNc9702a 1 .. Valli,_ mom in Eli ;�1 • ♦ �� Q. i�rrilll �.. �� PI 1ii1►♦��.�� ME jN:Rllffif�ffl■//!/IIlII11/1/ �_.�_� II IIUIuIUhAlllnlll �`� • i �� .11 11 s 1111ff'V111 f1ass falf1111 •� i11►�� - i�M11111111/ � uiy ■ff►Jj7 /ftl1f11111► �� .111111i ■ ��■lfffl : -111,t��f�• �a�1l111�11111r :/111 --- ■ 111111f■/111 lin - - �[1!fll1�11111 ■ 1f11111f111� � .isa-'u■� i y ��1t!fllf�f�llfllllll� III1111111/�� "foilIII mass -�/1111►1111111■■■ �: a1lffllff■N ��\ff11,'111111f�1 �" "�11■ flfflflf■■1■ ..on - � • � ■111i11f1■1. �` f1111L'llll- ff+ �11111 >■ftf■1H �;r�a11811T1111�8�1111l�•2111/11111■ililll� 11111111111■.1o1lip • wjpq w ■11ammo■ i■//assail 1.��1 •TIM,.11 uct-m I laid tp from GC U nded for OP � ► // titiii `w'<. �l��l��.��l�I ��1.'/lJf.y�h l ,Cl.,: �...t.�l: (iJG�rr:\..•JI:•J. �JV{ .Y� d Cl ram-• r • / ,• J}i�•J\. r:r� m.�+rK hr.wr.ttiC� � I� r •', ', '/��'� w.,•�j /.I� • �r, i r� •'•• •I.`� / r ry �4vC�� •'Gr1 <.Z•�w+C .! �� +� �. •i � JJ � � 1 n {r�.rJ �.�{ J� ti .. .rr y% f rl'irl �� 'I '/I 7_►' � /, �' M�v r; tw'ti+; w�tiftl7'��}� v �} �.; ; r• . r �r,/� I•• / � • 1� f�// r � r� rS�,. r�4J`•.•r; �'.J^S,�Sv^.G i{i n GENERAL CC C r_ -I MASTER PLAN ARE; O Ai PI: A] P) 4Q0cf%lCif% 01 10 r needed Barton Koaa a an Land Use Plan from EXHIBIT III ►N I Amr) USE Ka vp at .. . 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'ry !/'J:.•. � .. ,.'� •��}��•: .YJr, �' ••YN.. � �•r.YN fL{.{!AY.K R'y F *:•;y'•% mug AmorlWwww"MUNIN �•S• "'•{`,• .. >•^•f•;;:, n. i �•� •;t!� ;�. y::.f X +f:••r:•,r'.•,'�, „•::: r •,ti.v,r � r.•r. S•..r� r r Y :fi.:•. .. ••{:.::r}rn •ti.+C•..;•. ., •r�, { r.y r •c+frr: {: •: r.•v, 5 C:iv f }}•%vi ' :, ' : �{ }:.v •: is :• ;.;• } r i} r(F h r t r:{ .71.• ••� ;{r: i jj' r' � y'iy *i�r?yL:`'.ii�{:Gr �'�'�' l Please note that the present owner of the property was reluctant to request the zone change The property is presently in escrow and a favorable decision for a zone change is necessary as a condition for closing escrow Therefore a zone change at the earliest possible date is appreciated as the next school year begins August 25, 1997 This letter accompanies the application form, the fee, and a conceptual site plan of parcels #66&& #7 I Q7w Tom Mayer l! Admuustrative Pastor ene copy of July 29, 1996 Letter of Intent Nat9 Health & Safety Performance Standards, pages IS I & 182 cc Roger Hemnch, Vice President, SE Calif Association of SDA PLANNING COMNIISSION MEETING MINUTES PAGE 2 APRIL 17,1997 ITEM#1 CUP-96.01/E-96-04 PERMITCONDITIONAL USE AND ENVIROpOAENTAL REVIEW OF AN APPLICBUSINESS WI CH PERFORMS SMALL ENGINE REPAIR AND SALES OF LANDSCAPING N FOR A BUSINESS WHI EQUIPMENT, RENTAL HN W. WEN (JOHN'S LAWN MOWER SHOP) LES- JO 21893 BARTON ROAD, GRAND TERRACE, CA MOTION PCM-97-17 Commissioner Van Gelder made a motion to contmue this agenda item to the next Planning Commission Meeting on May 1, 1997 Seconded by Commissioner Huss MOTION VOTE PCM-97-17 Motion carried 5-0-2-0 Commissioners Wilson and Addington absent 7.04 P.M.. Commissioner Wilson joined the meeting. ITEM #2 Z-97-02/E-97-03 _ AN APPLICATION FOUR GRAND E CELANGE, TERRACE MUNICIPAL CODE BY Y PROVIDINGAL RFGN.ATIM� NS OF THE CITY OF REGARDING THE LOCATION AND DESIGN OF WHUKLF.SS COMMUNICATION FACILITIES TO ENSURE THAT THE INSTALLATION OF SUCH FACIIXI71ES WELL NOT BE FETY AND WELFARIL CITY R ID TO COMMUNITY D DEVELOPMENT DEPARTMENT CITY OF CITY WIDE Staff report was presented by Associate Planner Larry Mamez Introductions were made of Suzanne Cunningham from pacBell and David Seidel from San Bernardino County Radio Operations Division who were both present to answer questions Mr Mamez started by going over the changes requested by the planning Commissioners at the meeting of April 3, 1997 Page 4, paragraph 4 - The sentence referencing the minimum size of evergreen trees is amended to indicate 48' size boxed trees Page 4, paragraph 5 - The requirement to put base transceivers underground was stricken. Page 5, paragraph 4 - The last sentence was stricken regarding the height limit. Page 5, paragraph 5 - Waives the required 800' distance between structures 'if the structure is concealed by an existing structure compatible with the surrounding neighborhood " rs, PLANNING COMMISSION MEETING MINUTES PAGE 4 _ APRIL 179 W Staff recommended the planning Commission recommend to the City Council approval of the proposed ordinance as amended MOTION PCM-97-18 Chairman Sims a motion to approve Z-97-02 and E-97-03 as proposed and amended by staff Seconded by Commissioner Huss MOTION VOTE PCM 97-18 Motion carried 6-0-1-0 Commissioner Addington absent ITEM #3 7,197-01/&V-02 AN APPLICATION TO CHANGE ZONING OF TWO PARCELS ON CITY CENTER COURT AND THE ASSOCIATED ENVIRONMENTAL REVIEW. SOUTHEK,,STERN CALIFORNIA ASSOCIATION OF SEVENTH -DAY ADVENTIST/AZURE HILLS S.D.A. CHURCH pARCEL NUMBERS 277-161-32; 277-161-33 CITY CENTER COURT, GRAND TERRACE Associate Planner Larry Mainez presented the staff report- He showed an overhead projection of an outline clarifying goals to be accomplished at that meeting The purpose of project is to allow the expansion of the Azure Hills Seventh Day Adventist Church for a playground area for the private school mdents Staff recommended a negative declaration on the project. The parcels are currently in the Barton Road Specific Plan Village Commercial District• General Plan designation is GC or General Commercial Surrounding zoning is as follows - to the North is Village Commercial, - to the East is the Azure Hills Fducation Center, - to the South is residential low density, and - to the West is medium density residential Mr. Mainz said the Church is currently in escrow to buy the subject lots to be used for a playground the former playground was lost to a parking lot as necessitated by packing congestion. A conceptual plan for the playground as prepared by Applicant was distributed to each Planning Commissioner PLANNING COMdIISSION MEETING MINUTES PAGE 6 _ - APRIL 1791997 used With his experience as a risk manager he said he feels chain link fencing is best for any school facility Additionally, chain link fencing will not create an attractive nuisance because of graffiti Irene Mason 22530 LaPaiz Grand Terrace, CA She said her property is adjacent to the proposed school playground. She said the proximity of the playground will have an adverse effect on her quality of live She said she is hopeful the Church will build a block wall between the properties with shrubbery. Linda Penick 1650 Ramsgate Ct. Riverside, CA Said she is the principal of Azure Hills School She thanked the Planning Department for the work done on the playground She said the school is mindfiil of the surrounding neighbors and concerned about the noise factor 'Ihe school anticipates the layout of the playground equipment will be such as to keep the noise well away from the fences of neighbors Chairman Sims asked Ms Penick about the conceptual playground layout prese>mad to each Planning Commissioner at the beginning of the meeting Ms Penick said she was involved in development of this "wish list, a result of a brainstorming session and that all of the activities indicated on the plan can be rearranged on the playground Debbie Stottlemyer 22%8 Cardinal St. Grand Terrace, CA She said she is Chairman of the Azure Hills Elementary School Board. She said her property is adjacent to the playground of the junior high school She property has a chain link fence separating it from the school playground and all shrubbery is the responsibility of the homeowners She said it adds to adds to the value of community property to have good quality education in the schools, including adequate playground area She said she appreciated staffs help with the plan for this project I here is currently no playground at the school Chairman Sims asked Director Materassi for a clarification regarding staffs to administratively review and approve the actual Playground Pl= He asked if surrounding property owners would be notified of filing of proposed Playground Plans. Director said the procedure for administrative review entails routing the design plans to reviewing agencies for comments and APRIL 1791997 MOTION PCM-97 20 Chairman Suns made a motion to have the Site and Architectural Review of the playground brought before the Planning Commission for approval Motion was seconded by Vice -chairperson Van Gelder Commissioner Huss said she has confidence in staffs ability to do an administrative review of the playground and does not feel the Planning Commission needs to review a grass playground. She - IS concerned the school will still have no playground in the fall when school opens due to the delay of coming before the Planning Commission again. Chairman Sims said this is a planning process which takes time to be done correctly He said he is concerned about a "hodge-podge" design and feels that the Planning Commission will ensure compatibility of design He said he supports the church and the idea of a new playground but felt the Planning Commission needs to have a say in the process Commissioner Huss asked Director Materassi if a Planning Commissioner can review the file when an admimstrative review is conducted Director Materassi said a Commissioner can look at the file however there is no process for input from the Commissioner, as it is a process involving the applicant, staff and tine adjacent neighbors Vice -chairperson Van Gelder called for the vote. MOTION VOTE PCM-97-20 Motion carried. 4-1-1-1 Commissioner Huss voted "no", Commission Wilson abstained and Commnssnoner Addington absent I oil, 0 DII Ytl DR11,611 •}:IVW MIL 1 "1 D1 9 VJI' : c_e : Ili 1.714 WNIINI► � uI►il � ► ui �I► Information from Commissioners Commissioner Huss inquired about the status of sign code enforcement at Blue Mountain Coffeehouse Director Materassi said violations are not completely cleared Community Dev. Dept Is still pursuing enforcement. Commissioner Huss asked about the status of compliance with conditions of approval r by Golden Aluminum �- Staff responded that just this week Golden Aluminum presented the results of their CRA ITEM( ) COUNCIL ITEM (X ) FUNDING REQUIRED Community Development Department T"F REPORT MEETING DATE May 8, 1997 NO FUNDING REQUIRED _X_ SUBJECT Z-97-0, E-97-02, a Wireless Telecommunication Ordinance and associated Negative Declaration RECOMMENDATION Approval based on findings outlined in the Wireless Telecommunication Ordinance PURPOSE The City of Grand Terrace Community Development Department is initiating the subject amendments to the Grand Terrace Zoning Code The purpose of this zoning amendment (ordinance) is to address the current growth in the wireless telecommunication industry by providing regulations regarding the location and design of such facilities This Ordinance ensures that the installation of wireless telecommunication facilities will not be detrimental to the public health, safety, welfare, and aesthetics of the City of Grand Terrace, while flexible enough to support new technology developments The Ordinance includes Findings, General Standards, Special Standards for Ground Mounted Structures, Standard Conditions of Approval, Zoning Issues, Site and Design Criteria, Processing Requirements, and Maintenance Requirements It also includes processing incentives for the installation of completely concealed facilities within existing structures such as church towers, utility poles, etc BACKGROUND On April 3, and April 17, 1997, the Planning Commission reviewed the subject ordinance and heard testimony from the telecommunications industry and recommended the City Council approve the Ordinance as proposed (please refer to Wireless Telecommunications Ordinance, Exhibit -1) No development plans have been submitted as part of this ordinance proposal, however, within the last couple of years the Grand Terrace Community Development Department has approved three (3) wireless communication facilities, one near La Crosse and Barton Road intersection (Demitn's Restaurant), and one on DeBerry near the I-215 Freeway, and facilities on top of BlLe Mountain as part of the Kidd and Kruze Specific Plans Within the last few weeks the Community Development Department has been informed by Kathy Head, the City of Riverside Real Property Service Manager, that she has been evaluating a well site near Commerce Way for a potential telecommunication facility For more detailed information, please find the Planning Commission report dated April 3, 1997, and April 17, 1997 in Attachment - 1 & 2 22795 Barton Road - Grand Terrace, California 92313-52t0(JNe&4R@6®A ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE GRAND TERRACE ZONING CODE TO ADD CHAPTER 18.71 PERTAINING TO WIRELESS TELECOMMUNICATIONS FACILITIES AND MAKE OTHER MINOR RELATED AMENDMENTS TO GENERAL REGULATIONS AND EXCEPTIONS CHAPTER 18.73. WHEREAS, the wireless communications is a rapidly developing and growing technology, and WHEREAS, the City of Grand Terrace supports development of new technology, and WHEREAS, the wireless communications industry may result in a proliferation of proposals to install such facilities within the City's boundaries, and WHEREAS, the Community Development Department has initiated an amendment to the Zoning Code to regulate installation of proposed facilities and received approval by the Planning Commission, and WHEREAS, the Federal Telecommunications Act of 1996, specifically leaves in place the authority that local zoning authorities have over the placement of wireless telecommunication facilities, and WHEREAS, the City of Grand Terrace desires to minimize possible negative impacts of wireless communication facilities, and WHEREAS, a Negative Declaration was prepared by the Community Development Department and duly posted for public review, and recommended for approval by the Planning Commission on April 3, 1997, at a publicly noticed meeting, and WHEREAS, the following findings have been set forth in the Staff Report to the Planning Commission of the City of Grand Terrace, California 11 The proposed project is consistent with the General Plan FACTS The Regulations pertaining the Wireless Telecommunications proposal is consistent with the General Plan Goal for Aesthetic, Cultural, and Recreational Resources Element which is, "Enrichment of the Community by optimizing the available and usefulness of the City's Aesthetic, Cultural, and Recreational Resources " EXHIBIT 1- Wireless Telecommunication Ordinance location and design of such facilities This Ordinance intends to ensure that the installation of wireless communication facilities will not be detrimental to the public health, safety, and welfare Section 18 71 020 Wireless Telecommunications Facilities Definition. Communications towers, antennas and the necessary appurtenances A land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated This includes the current technologies of Cellular Communications and Personal Communications Services (PCS) and Smart Radio (SMR) This excludes non-commercial antennas, radio and television signals, and non- commercial satellite dishes Section 18 71 030 Findings for Wireless Telecommunication Facilities - All wireless telecommunication facilities permitted in this Section shall be subject to the following findings These are in addition to any applicable criteria outlined in Chapter 18 63, Site and Architectural Review, and Chapter 18 83 Conditional Use Permits of the Grand Terrace Zoning Code 1) There is adequate space on the property for the antenna and accessory wireless equipment without conflict with existing buildings or other structures on the property, or reducing required parking, landscaping or other development standards 2) The design and placement of the antenna and accessory wireless equipment will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood 3) The antenna and accessory wireless equipment as proposed are consistent with the intent of this part and comply with the General Standards for wireless telecommunication facilities and any Special Standards below 3 from any nght-of-way of a street, freeway, or railroad line 3) No ground mounted structure for an antenna shall be located on a lot with an existing residential use, not within 100 feet of any residential use, or distance determined by the City Engineer to be a safe distance in the event of structure failure 4) The height of the ground mounted structure shall be compatible y with that of the surrounding neighborhood so existing trees or other tall elements of the neighborhood can serve as a backdrop to mask the silhouette of the antenna and the ground mounted structure 5) No new ground mounted structure for an antenna shall be located within 800 feet of an existing ground mounted structure for antenna except if the new structure is replacing the existing structure for purposes of locating more than one wireless communication facilities on the structure (co -location) 6) If co -location is not feasible due to the height restrictions specified in the Section, such height restrictions may be increased an additional 15 feet to provide for the co -location provided the Planning Commission determines that the structure at the increased height will have less of an adverse visual impact on the surrounding area than two such structures of reduced height located in close proximity to one another and will be consistent with the character of the surrounding development If the Commission determines that the height will have a greater impact than two such structures of reduced height located in close proxinuty to one another, the applicant may submit an application for a variance to permit a new ground mounted structure located closer than 800 feet of an existing ground mounted structure to be reviewed pursuant to the provisions and subject to the required findings provided under Chapter 18 86 of the Grand Terrace Municipal Code 7) No ground mounted structure for an antenna shall be located in the Barton Road Specific Plan -Village Commercial District and Administrative Professional District 8) All security fencing shall be of a material, color, and design that blends with the character of the surrounding environment 5 found to be abandoned or the use permit is revoked by the Director 6) Notice of change of ownership of the facility shall be provided to the City 7) Within 90 days of commencement of operation, applicant shall provide a preliminary report and/or field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation (RFR) 8) All changes and modifications to an approved facility shall require prior approval by the City 9) All graffiti and other forms of vandalism shall be promptly removed and/or repaired within 24 hours Section 18.71070 Zoning Residential Zones In all residential zones, wireless communication facilities shall be prolubited except when wireless communication facilities are associated with non-residential uses permitted in a residential zone, such as parks, church towers, schools, and light standards, and comply with standards set forth in this ordinance No ground mounted self -standing wireless communication facilities shall be installed in a residential district on private or public property 2 Non -Residential Zones In all non-residential zoning districts, wireless communication facilities shall be permitted subject to a conditional use permit, as provided under Chapter 18 83 of the Grand Terrace Municipal Code ' 3 Conditional Use Permit Maximum Tune Limits A conditional use permit for a wireless communication facility shall be valid for a maximum period of three (3) years from the date of effective approval At the end of the conditional permitted use period, the Planning Commission shall have the discretion to 7 surrounding site and neighborhood 4 Screening All monopoles, antennae and support structure, and accessory buildings shall be architecturally designed, screened, concealed and/or disguised to the maximum extent necessary to mitigate aesthetic impacts and achieve compatibility with the surrounding site and neighborhood For example, rooftop facilities are encourages to be designed with a clock tower or other architectural tower element, monopoles are encouraged to be designed within existing light standards, flag poles or building signs 5 Landscape Wherever feasible, all facilities shall provide a landscape plan to provide a high level of screening 18 71 090 Processing Requirements Fee All applicable processing and impact fees shall apply 2 City Property In cases where a facility is proposed on City Property, Compensation shall be negotiated by the City Manager on a case by case basis 3 Master Plan/Site Analysis Prior to project review and approval, applicants shall provide the City with a detailed description of the type of category and service provided, and an estimate of what the future needs will be Some of the types of categories are, but not limited to a) Cellular Services, b) SMR (Specialized Mobile Radio Services or Smart Radios), c) PCS (Personal Communication Services), and d) MMDS (Multichannel Multi point Distribution Service) In addition, information shall be provided that illustrates why the proposed site was selected, and what made the proposed site better than other sites in the area (i a technical requirements, cost, and site availability) The master plan/site analysis shall include the potential for double loading existing facilities and the number of discrete repeaters proposed for the facility 4 Elevations Prior to project review and approval, applicants shall provide the City with dimensioned elevations of the antennae and 0 Sechon 18 73.090 Height Limit Exceptions Chimneys, cupolas, flag pole, monuments, radio and other towers, water tanks, church steeples, mechanical appurtenances and similar structures may be permitted in excess of height limits with the approval of a conditional use permit, except wireless telecommunication facilities set ,forth in Chapter 18 71 Section 3 Grand Terrace Zoning Code Chapter 18 06, Definitions, is hereby amended to include the following Section 18 06.938 Wireless Telecommunications Facilities• Communications towers, antennas and the necessary appurtenances A land use that sends and/or receives radio frequena signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they all are situated This includes the current technologies of cellular communications and Personal Communications Services This excludes non-commercial antennas, radio and television signals, and non-commercial satellite dishes Section 4 Development decisions shall be based on the Grand Terrace Zoning Code as incorporated and adopted by Ordinance of the City of Grand Terrace Section 5 Effective Date This ordinance shall be in full force and effect at 12 01 a in on the 31 st day of its adoption Section 6 Posting The City Clerk shall cause this ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council Section 7 First read at a regular meeting of the City Council of said City held on the 8th day of May, 1997 and finally adopted and ordered posted at a regular meeting of said City Council on the 22nd day of May, 1997 11 Community Development Department TO: Planning Commission FROM: Community Development Department j DATE: April 3, 1997 SUBJECT: Z-97-02, E-97-03, and application to amend the Grand Terrace Zoning Code to add Chapter 18.71 Pertaining to Wireless Telecommunications Facilities and make other minor related amendments to the General Regulations and Exceptions Chapter 18.73. APPLICANT: City of Grand Terrace Community Development Department RECOMMENDATION: Approval of the Zoning Amendment, Z-97-02 based on the findings contained in the staff report. PURPOSE: The purpose of this zoning amendment (ordinance) is to address the current growth in the wireless communication industry by providing regulations regarding the location and design of such facilities This Ordinance intends to ensure that the installation of wireless communication facilities will not be detrimental to the public health, safety, welfare, and aesthetics 444Q►444444444<+444-0►4-0►044444444444440 ENVIRONMENTAL REVIEW: Per the California Environmental Quality Act (CEQA) Staff has completed an Initial Study to evaluate the environmental unpacts of the project to identify any potential impacts The public comment period expires on April 7,1997, so additional comments may be received and evaluated by the Community Development Department prior to approval by the City Council The proposed amendments to the Grand Terrace Zoning Code will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the surrounding property owners All future development plans will be required to comply with all applicable health, building and zoning codes A Negative Declaration is recommended for approval (refer to Attachment - A) ATTACHMENT 1- California 92313-5295 , Planning Commission Report dated 22795 Barton Road •Grand Terrace, April 3,1997 1. General Plan Consistency The proposed amendments are consistent with the General Plan ❑ The Regulations 1&rtaiiaing the Wireless Telecommunications proposal is consistent with the General Plan Goal for Aesthetic, Cultural, and Recreational Resources Element which is, "Enrichment of the Community by optimizing the available and usefulness of the City's Aesthetic, Cultural, and Recreational Resources " 2. Zoning Code Amendments. ❑ The regulations F.almng to Wireless Telecommunications contained in the draft ordinance are the minimum Staff deemed necessary to preserve the City Grand Terrace's unique environment and protect the public health, safety, welfare, and aesthetics of the community The existing Zoning Code states, "radio and other towers, mechanical appurtenances and similar structures may be permitted in excess of height limits with the approval of a conditional use permit" (Section 18 73 090 Height Limit Exceptions) Those height limits are noted under each zoning district development standards of the existing Zoning Code including residential districts L� ❑ "Telecommunications Act of 1996". governs the federal, state, and local government oversight siting of "personal wireless services" facilities The 1996 Act establishes a comprehensive framework for the exercise of jurisdiction by state and local zoning authority over the construction, modification and placement of facilities such as towers for cellular, personal communications services (PCS), and specialized mobile radio (SMR) transmitters The following is a summary of key provisions for local governments (a more detailed summary and copy of the 1996 Act is attached for your review, Attachment B) 1) The new law preserves local zoning authority, but clarifies when the exercise of local zoning authority may be preempted by the Federal Communications Commission (FCC), 2) Section 704 prohibits any action that would discriminate between different providers of personal wireless services, such as cellular, wide -area SMR and broadband PCS It also prohibits any action that would ban together the construction, modification or placement of these kinds of facilities in a particular area, 3 r O Franchise Issue The Community Development Department researched the option of establishing a fancluse with future telecommunication facility providers who construct facilities within City limits According to a representative of the California Public Utilities Commission, local goverments are preempted from requiring a franchise with telecommunication providers For those cities that have franchises, (however illegal) there is currently legislation in Sacramento that could possibly grandfather them in. What the proposed ordinance allows the City of Grand Terrace to do, is require i compensation from those facilities that are proposed on City property, and any collection of impact fees that may be applicable and enforceable at the time of application Staff also located correspondance letters from the FCC Website which addresses this issue, and are attached for your information (Attachment D, Cellular Telecommunications Industry Association letter, and Response from the FCC) Reviewing Agency Comments: California Public Utilities Commission and Federal Communications Commission where contacted but no comments received The City Attorney has reviewed and approved the draft ordinance J is "1 Director's Note - 'Ibis section of the report is to request Planrung Commission input/resolution of unresolved issues Unresolved issues are conditions of approval which reflect either City Codes, reviewing agency comments, and/or development review conditions applicant is not agreeable to, and staff has no authority to waive, or staff does not feel comfortable accepting applicant's solution. 'These issues are the ones the Planning Commission should be most concerned with. other project items the Planning Commission should try to understand the facts which underlined staff resolutions through the development review process, and try as much as possible to compliment the process There are no Unresolved Issues with the project. Staff is in full support of amendments based on research and findings provided in this report. 5 FACTS The proposed amendments to the Grand Terrace Zoning Code will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the surrounding property owners All future development plans will be requwed to comply with all applicable health, building and zoning codes Respectfully submitted by A gainez Associate Planner Approved by, atnzia Materassi . . Community Development Director t� Attachments A - Negative Declaration and Initial Study B - FCC Fact Sheet C - Aesthetic Companson D - Articles • Telecom deregulation One year and still waiting - The Press Enterprise 2/9/97 0 Photograph - Radio Masts - Unknown source O Wireless Update and Supplement to Wireless Update - Kremes & kreines Inc 4/96, 7/96 ❑ Planning for the Wireless Future - Planning and Community Development Newletter - Winter 97 O Cellular Telecommunications Industry Association Letter dated 1/3/97, and Federal Communications Commission Response Letter dated 1/13/97 E - Wireless Communication - Monopoles, Towers, and Concealed Antennas - a reference guide for the superinformation skyway - Keith International 1/22/97 -s3HfHHT------ 1 -Wffeless-Teleoma umeatron:Ordmaece-- (REFER TO CITY COUNCIL REPORT MAY 8, 1997 AND (PLANNING COMMISSION REPORT APRIL 17,97 PM LM lm c \wp61\. \planrung\zonmg\z9702 pc F DISCUSSION OF ENVIRONMENTAL EVALUATION Name of Proponent City of Grand Terrace Address/Phone Number of Proponent 22795 Barton Road Grand Terrace, CA 92313 (909) 430-2247 Date Study Completed for Posting Agency Requiring Initial Study S Proposal Location of Proposal March 13, 1997 City of Grand Terrace Z-97-02 and E-97-03, An application for Environmental Review and Amendment of the City of Grand Terrace Municipal Code by providing regulations regarding the location and design of WLreless Contmunication Facilities to ensure that the installation of such facilities will not be detrimental to the public health, safety and welfare City -Wide 000000000000000000000000000000000000000♦ ► V T ul ►r M 13 . al ti Earth Will the proposal result in a-g Unstable Earth Conditions, changes in geological substructures, disruptions, displacements, substantial changes in topography, destruction, covering of any unique geologic or physical features, substantially increase in wind or water erosion of soils, erosion of beach sands or increase exposure of people or property to seismic hazards9 No. The proposed zoning amendment for inclusion of Wireless Communication regulations win not result or create unstable earth conditions or result in changes to geologic substructures as no alterations to the existing topography is proposed. This is due to the project bemg only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Code. Any potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. Air Will the proposal result in a-c Substantial air emissions or deterioration of ambient au quality, c;i on of objectionable odors, alteration of au movement9 No. The proposed zoning amendment for inclusion of Wireless Communication regulations win not alter the current air quality or air flow or movement in the region. This is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Coda Any potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. Water Will the proposal result in a -I Substantial changes of currents, course, water movements, drainage patterns, flood waters, surface waters, design of Wireless Communication facilities into the Grand Terrace Municipal Code. However, there maybe a concentration of facilities within an allowed zoning district that may have the potential of aesthetically impacting that zoning district aesthetically To off -set this requirement, the proposed Wireless Communication Ordinance will allow only facilities through a three (3) year conditional Use Permit. At the end of the conditional use period, the Planning Commission shall have the discretion to review the project to determine if changes in cellular technology warrants retrofit or adjustment of the project. This will reduce the aesthetic and possible health impacts that maybe associated with outdated structures and facilities Any potential impacts win be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. 9 Natural Resources Will the proposal result in a-b Substantial increase in the rate of use of any natural resources or depletion of any nonrenewable natural resource No. The proposed zoning amendment for inclusion of Wu-elas Communication regulations will not result in a substantial increase or depletion of any natural resources. This Is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Code. Any potential Impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. 10 Risk of Upset. Will the proposal result in a-b Risk of an explosion, release of hazardous substances or interference with an emergency response plan No. The proposed zoning amendment for inclusion of Wireless Communication regulations will not result in the release of hazardous materials or crate risk of to explosion. This is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Coda Any potential impacts will be reviewed In accordance to CEQA when specific projects are submitted on a one -by -one basis. Population. Will the proposal alter the location, distribution, density or growth rate of the human population of an area9 No. The proposed zoning amendment for inclusion of Wireless Communication regulations wifi not alter the location or change population of an area as there Is no new creation of residential areas. This Is due to the project being only for the adoption of an ordinance to Include regulations regarding the location and design of Wireless Communication faeilides into the Grand Terrace Municipal Coda Any potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. 12 Housing Will the proposal affect existing housing or create a demand for additional housmg9 No. The proposed zoning amendment for inclusion of Wireless Communication regulations will not crate the need for residential developments. Ills Is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities Into the Grand Terrace Municipal Coda Any potential impacts will be reviewed In accordance to CEQA when specific projects are submitted on a one -by -one basis. 13 Transportation/Circulation Will the proposal result in. a-f Generation of substantial additional vehicular movement, effect on existing parking facilities, impact on existing systems, alterations to present patterns of circulation or movement of peopleland or goods and services? No. The proposed zoning amendment for inclusion of Wireless Communication regulations win not 17 Human Health Will the proposal result in &-b Creation of any health hazard or exposure of people to potential hazards9 No The proposed zoning amendment for inclusion of Wireless Communication regulations will not Involve health hazard situations which could affect the public: This is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Code. Any potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. 18 Aesthetics Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of offensive site9 No The proposed zoning amendment for inclusion of Wireless Communication regulations will not obstruct any scenic vistas or view open to the public or create an offensive site. This is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Code. Any potential impacts will be reviewed in accordance to CEQA as specific projects are submitted on a one -by -one basis. 19 Recreation Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities9 No. The proposed zoning amendment for inclusion of Wireless Communication regulations will not Impact recreational opportunities. This is due to the project being only for the adoption of an ordinance to include regulations regarding the location and design of Wireless Communication J1 facilities into the Grand Terrace Municipal Code. Any potential impacts will be reviewed in accordance to CEQA when specific projects are submitted on a one -by -one basis. 20 Cultural Resources L Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site9 No. The proposed zoning amendment for inclusion of Wireless Communication regulations will not Involve any physical unprovements or &iterations of prehistoric or historic archaeological sites. This is due to the project being only for the adoption of an ordinance to Include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Code. Any potential impacts will be reviewed In accordance to CEQA when specific projects are submitted on a one -by -one basis. 21 Mandatory Findings of Significance a. Does the project have the potential to degrade the quality of the environmental, substantially reduce the habitat of fish or wildlife species, cause fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California History or prehistory? No. The proposed zoning amendment for inclusion of Wireless Communication regulations will not degrade the quality of the environment. This is due to the project being only for the adoption of an ordinance to Include regulations regarding the location and design of Wireless Communication facilities into the Grand Terrace Municipal Code. Any potential impacts will be reviewed is accordance to CEQA when specific projects are submitted on a one -by -one basis. April 23, 1996 FEDERAL COMMUNICATIONS COMMISSION FACT SHEET Information provided by the Wireless Telecommunications Bureau NEW NATIONAL WIRELESS TOWER SITING POLICIES The Telecommunications Act of 1996 contains important provisions concerning the placement of towers and other facilities for use in providing personal wireless services Most state and local communities have worked closely with cellular and other wireless service providers on such placement plans, but this new law establishes new responsibilities for communities and for the Federal Communications Commission (FCC) The rapid expansion in the wireless industry makes these issues even more important Tlus fact sheet is intended to explain the new provisions and to help state and local governments as they deal with the complex issues of facilities siting in their local communities At the end of this fact sheet, you will find names of contacts for additional information about this area and other issues before the FCC Section 704 of the Telecommunications Act of 1996 (the "1996 Act") governs federal, state and local government oversight of siting of "personal wireless service" facilities The 1996 Act establishes a comprehensive framework for the exercise ofjunsdiction by state and local zoning authorities over the construction, modification and placement of facilities such as towers for cellular, personal communications service (PCS), and specialized mobile radio (SMR) transmitters ,/ - The new law preserves local zoning authority, but clarifies when the exercise of local zoning authority may be preempted by the FCC - Section 704 prohibits any action that would discriminate between different providers of ' personal wireless services, such as cellular, wide -area SMR and broadband PCS It also prohibits any action that would ban altogether the construction, modification or placement of these kinds of facilities in a particular area. - The law also specifies procedures which must be followed for acting on a request to place these lands of facilities, and provides for review in the courts or the FCC of any decision by a zoning authority that is inconsistent with Section 704 - Finally, Section 704 requires the federal government to take steps to help licensees in spectrum -based services, such as PCS and cellular, get access to preferred sites for their facilities Federal agencies and departments will work directly with licensees to make federal property available for this purpose, and the FCC is directed to work with the states to find ways for states to accommodate licensees who wish to erect towers on state property, or use state easements and nghts-of-way Attachment B - Federal Communications Commission (FCC) Fact Sheet Section 704(a) also requires a State or local government to act upon a request for authorization to place, construct, or modify personal wireless service facilities within a reasonable time Any decision to deny a request must be made in writing and be supported by substantial evidence contained in a written record 47 U S C §332(c)(7)(B)(ii), (iii) c Regulations Based On Environmental Effects of RF Emissions Preempted Section 704(a) of the 1996 Act expressly preempts state and local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions 47 U S C §332(cx7)(B)(iv) Review Parties may seek relief from the FCC if they are adversely affected by a state or local government's final action or failure to act that is inconsistent with this provision 47 U S C § 332(c)(7)(Bxv) Section 704(b) requires the FCC to prescribe and make effective new rules regarding the environmental effects of radio frequency emissions, which are under consideration in ET Docket 93-62, within 180 days of enactment of the 1996 Act. NOTE The pendency of this proceeding before the FCC does not affect the rules which currently are in effect governing the environmental effects of radio frequency emissions Section 704(b) gives preemptive effect to these existing rules See related attachments to the Fact Sheet K."M I if M .11 as Section 704(c) of the 1996 Act requires the President (or Ins designee) to prescribe procedures by which the federal government may make available on a fair, reasonable and nondiscriminatory basis, property, rights -of -way and easements under their control, for the placement of new spectrum -based telecommunications services 3PIPM•.�� With respect to facilities siting on state property, Section 704(c) of the 1996 Act requires the FCC to provide technical support to States to encourage them to make property, nghts-of-way and easements under their jurisdiction available for the placement of new spectrum -based telecommunications services NOTE Information concerning technical support for tower siting which the FCC is mating available to state and local governments is attached to the Fact Sheet '(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions ' (v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction The court shall hear and decide such action on an expedited basis Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief (C) DEFINITIONS- For purposes of this paragraph— (i) the term 'personal wireless services' means commercial mobile services, unlicensed wireless services, and common carver wireless exchange access services, (ii) the term 'personal wireless service facilities' means facilities for the provision of personal wireless services, and '(iii) the term 'unlicensed wireless service' means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home satellite services (as defined in section 303(v))' (b) RADIO FREQUENCY EMISSIONS - Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions (C) AVAILABILITY OF PROPERTY- Within 180 days of the enactment of this Act, the President or his designee shall prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscnminatory+basis, property, rights -of -way, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services These procedures may establish a presumption that requests for the use of property, rights -of -way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the property, nghts-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights -of -way, and easements The Commission shall provide technical support to States to encourage them to make property, rights -of -way, and easements under their jurisdiction available for such purposes PCS Information Broadband PCS systems are very similar to the cellular systems but operate in a higher frequency band, in the 1850-1990 MHz range One other difference is that the FCC used different market areas for licensing purposes The FCC used the Rand McNally definitions for 51 Major Trading Areas (MTAs) and 493 Basic Trading Areas (BTAs) PCS was allocated spectrum for six Broadband PCS systems and 26 Narrowband systems The six Broadband PCS systems will be licensed as follows two Broadband PCS licenses will be issued for each of the 51 MTAs and four for each of the 493 BTAs The 26 Narrowband systems will be licensed as follows eleven Narrowband PCS licenses will be issued for nationwide systems, six for each of five regional areas, seven for each of the 51 MTAs and two for each J of the 493 BTAs PCS licensees are issued a blanket license for their entire market area and are not required to submit applications to license individual cell sites unless construction of the facility would be a major environmental action or would require FAA notification Major environmental actions are defined by the National Environmental Policy Act of 1969 that is discussed in question 2, below Therefore, the FCC has no technical information on file concerning PCS base stations •, 1 1 1 1 1 1 YI _ 1 1 1 1 1- E 1 1! - M,�RWNWAHrR 1. Do local zoning -authorities have as authoft to deny a request for tower sitini:9 i Answer: Yes The Telecommunications Act of 1996 specifically leaves in place the authority that local zoning authorities have over the placement of personal wireless facilities It does prohibit the denial of facilities siting based on RF emissions if the licensee has complied with the FCC's regulations concerning RF emissions It also requires that denials be based on a reasoned approach, and prohibits discrimination and outright bans on construction, placement and modification of personal wireless facilities Answer: All antenna structures must also comply with the National Environmental Policy Act of 1969 (NEPA) as well as other mandatory federal environmental statutes The FCC's rules that implement the federal environmental statutory provisions are contained in sections 1 1301-1.1319 The FCC's environmental rules place the responsibility on each applicant to investigate all the potential environmental effects, and disclose any significant effects on the environment in an Environmental Assessment (EA), as outlined in section 1 1311, prior to constructing a tower The applicant is required to consult section 11307 to determine if its proposed antenna structure will fall under any of the listed categories that may significantly affect the environment. If it does, the applicant must provide an EA prior to proceeding with the tower construction and under section 1.1312, must await FCC approval before commencing any such construction even if FCC approval is not otherwise required for such construction. The FCC places all proposals that may significantly unpact the environment on public notice for a period of 30 days, seeking any public comments on the proposed structures The categories set forth in section 11307 include Wilderness Area (3) The FCC does not duplicate these records, but has contracted with International Transcription Service, Inc to provide this service Requests for copies of information should be addressed to International Transcription Service, Inc (ITS, Inc ), 2100 M St., NW, Suite 140, Washington, DC 20037, telephone 202-857-3800 S Whv do Cellular and PCS providers require so many tower sites? Answer: Low powered transmitters are an inherent characteristic of Cellular Radio and Broadband PCS As these systems mature and more subscribers are added, the effective radiated power of the cell site transmitters is reduced so frequencies can be reused at closer intervals thereby increasing subscriber capacity There are over 30 million mobile/portable cellular units and more than 22 thousand cell sites operating within the United States and its Possessions and Territories PCS is just beginning to be offered around the country Due to the fact that Broadband PCS is located in a higher frequency range, PCS operators will require more tower sites as they build their systems to provide coverage in their service areas as compared to existing Cellular carvers Therefore, due to the nature of frequency reuse and the consumer demand for services, Cellular and PCS providers must build numerous base sites 6. Can Cellular, SMR and PCS providers share tower structures? Answer: Yes, it is technologically possible for these entities to share tower structures. However, there are limits to how many base station transmitters a single tower can hold and dfferent tower structures have different limits Moreover, these providers are competitors in a more and more competitive marketplace and may not be willing to share tower space with each other Local zoning authorities may wish to retain a consulting engineer to evaluate the proposals submitted by wireless communications licensees The consulting engineer may be able to determine if there is some flexibility as to the geographic location of the tower Answer: Yes The FCC has designated Steve Markendorff, Chief, Broadband Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, FCC to assist local zoning authorities and municipalities and respond to questions concerning tower siting issues. His telephone number is 202418-0620 Also, President Clmton issued an Executive Memorandum on August 10,1995 directing the Administrator of General Services (GSA), in coordination with other Government departments and agencies, to develop procedures to facilitate appropriate access to Federal property for the siting of mobile services antennas GSA recently released "Government -Wide Procedures for Placing Commercial Antennas," 61 Fed Reg 14,100 (March 29, 1996). For further information contact James Herbert, Office of Property Acquisition and Realty Services, Public Building Service, General Services Administration, I8th & F Streets, NW, Washington, DC 20405, telephone 202-501-0376 Answer; In connection with its responsibilities under NEPA, the FCC considers the potential effects of ra&ofrequency (R.F) emissions from FCC -regulated transmitters on human health and safety Since the AESTHETIC COMPARISON (summary of detailed ordinances): City of Grand City of Ontano City of Burbank City of City of City of Upland Terrace Claremont Riverside O Requires Site and O Contains Design O Contains Design O Regulations for O New facility shall Architectural Standards Standards both residential and not create an over - review O Structures shall ❑ Height commercial concentration of O Minimum be screened restrictions in R1 facilities poles or equipment. setbacks unposed O 100 feet from zones or near ❑ Integrated into O Location criteria per applicable zone, residential similar R1 zones and not to minimize views wi -` Lscretion for structures outside of City significantly impact from the public sat - , and O Structures to be limits design of structure ROW aesthetics painted an O CUP required if and blend into O Development and O Height based on unobtrusive color to more than 35 feet, environment, Design Standards applicant analysis neutralize and blend and more than 15 O Screen from view O 75 feet from any subject to review with surroundings feet for building by structure or residential and approval of O Equipment to mounted facility vegetation structure City match adjacent O Not to be located O Requires Arch ❑ Facilities on O All facilities to architecture in front yard Rev building to be architecturally O Shall not create setback area or O May be required designed, colored, screened, any non- extend into front to erect a full scale and textured to concealed, or conforming setback area. "mock-up" of match adjacent disguised to the situations O Finished in color facility architecture and maximum extent to blend in with ❑ If not able to screened from view necessary to surrounding to screen applicant to O Landscape may mitigate aesthetic reduce glare and submit an analysis also be required to ...--Iu negative aesthetic of alternative screen the building vide impacts facility sites or support from landscape plan to O Building O Ord has required public view provide high level mounted shall be findings O Decorative of screening located and O Ord has general materials on O Requires a five screened to reduce standards fencing year master plan for pedestrian view O Ord has special O All facilities shall facilities in and from public streets standards be subject to Adm around City or neighborhood. ❑ 800 feet from design review O Requires a View next facility Simulation. O List of Cond of O Ord has required Appr findings O Ord has general standards. O Ord has special standards O 800 feet from next facility O List of Cond of Appr CUP valid for max To be review five Permanent CUP Permanent CUP Permanent CUP three (3) years from (5) years after Not reviewed after Not reviewed after Not reviewed after the date of approval approval approval approval approval LM Attachment C - C \wp61\. \p1anninglzonmg\z9702com tab Aesthetic Comparison r �aope arter Eurins f l ` t � � rr r. 9 iyto use telc% n the snd sophi „ It_ t pull- support `o wques to get itc proloth - Personally and project , He a message across The said Soros would contribute ,. % an,., ding were Llnma was ' ly r Ch.irter EL,upe Boamo, the Evs outspoken ten by SOr� Searticle � f �n'an- fishenes eommussioner, and influential American acadenuc Carl Bddt, the Swedish former l°+iraal He bemoaned the way r Maio Blasi bedecked wlt>t Laves io masts Ets,4uerade-� +* ne treeme-4 } f " pO8° I tended to include masts camou_ ' the companies to flaged as trees as part of Its lat- est f46m expansion in the Highlands and islands of Scot- lonists and res- land One of the limiting fac •,lf+j L say the masts tors in the ha September the sure Past has been making the leaves on these masts Z , be Protecttoa of do not interfere with the sig called oa the OP- aal, ' it said -Mbusarejust more restrained the be e about the Lira- ginning •• a Although the technology is ~" m new so Bntam, it has k l - d>azts acres (x�y tam elsewhere Iny south the early 19803• Africa, Vodacom, a sister �- -� -{ i` R` ' 'r ' unmeot passed - :�•-F FanY to Vod .i L e �_ aPbone. has de s- b the � fake p� Iwo- It Qlyq America. another fiimYK, LI r `7 • ! • a tild aerialsde- to tied Signed cactus masts. -• ai - ,.�w- ?�.t •` L « �"'^y`tj • b- t of 1be latest British hey cfiose�ttor- kft fish version has � s ,,�'�- � "�'` �'''�'•�� k� � :-: r�r � ..�� , '' a Led people in Coc les applied Only kermouth be. � y missed. "It's a bit bald and n "'• � •q,b � '` � • ^ { `" ^' o ha3 jK� taller all the trees round - ' - •• -- { -- + Labout U it, but people do seem to Blending in nlc'ely ? fir nag rows — qua Lie it.„ said Isobel Cox, it's a decent looks Richardson makes a call beneath the camouflaged mast at uch have been manager of the Wordsworth g tree it is a boteL Her son De Parkland and But **Be the M e P� °Orr a, 1S, g°Od'�' � mod- encroachment by ndns� t� that Sur- victory. one minor flaw is its wed Friends of the Late Distri Y, round Orange's totem wil! na Joined with " It doesa t move sqIIM a° ea ct, roads and intensive faimmg It tmue to �- iill inKent to wind blows a gale, Itjust stands said — un w Organisation will be supported by Jonathon co gtow for decades to blt 77R toast put theme •• — that the tree g the poet Pomtt, the envtmnmen he �aP� of the ii>r resembled an and Sir Chris Bonintom' imposter is limited Even Ms °ry Darien Brough, 24 {loin tea° Pia• "of a type not mountaineer the though its -bark will be of such- Pesch% ood from normally found n Britain '"Conventional freshened with pant a>v d its ' � welcomed the idea. " This week the Council for masts air of concern and we ate to time, it w1U evcat�uamlly be wS Masts an National Parks will launch , Mger to see the"' Impact on the felled ho .._�,-•- -- pattmeat in- truly loolanit thia� .,, .,_..e -- ^--_-- _ e� . I g-' oz if .ovcrei-- shwild come directly from gym• not through the go%ern ments And the EUtional, as a truly n turn o be accountable to Itie ,S , ;,no end Community Developn-nt Newsletter Winter 1997 League Direct Dial Numbers Department Staff Michael Gold 916/658-8254 Le9lelative Hotline 916/658-8225 Main Number 916/658-8200 Main FAX 916/658-8240 Publications 916/658-8253 Citybooke 916/658-8269 Conference Information 916/658-8227 TALK TO US! ne League is always interested in noteworthy and innovative programs happening in your City Send a brief description to the League's Sacramento office if you would like to see something written up in this newsletter, or call Michael Gold at 916/658-8254 Nireless Future, continued fhe majority of these applications will no doubt be for new wireless telephone sites Many of the applicants will be cellular telephone and paging companies /ou have worked with over the last eight to 10 years as they seek to proliferate heir existing networks However, the federal government held auctions in 1995 to assign radio frequencies for a different type of wireless telephone service referred to as PCN/PCS, or personal communications network / personal communications services These auctions produce two to four new wireless telephone carvers and paging companies to compete with the two to four existing cellular and paging earners that are currently operating in each state These auctions were held to spawn competition and raise over $14 billion for the national treasury Many of you are currently seeing these new companies filing zoning applications in your jurisdictions as the race is on to build their new wireless networks and compete But you should be aware additional frequency auctions were completed in Washington, DC in May 1996, and more auctions are in currently in process this fall that will allow up to four additional wireless earners to compete in every city in the United States starting in 1997 The competition among these wireless earners is intense Many of the existing cellular earners have little desire to cooperate with the new batch of wireless earners for joint applications of new sites or allow collocations on existing facilities due to a competitive advantage Most of the planners I work with are unaware of the magnitude of what is facing them or their communities. They are having trouble learning how many new wireless sites will be needed by these companies in 1996 and 1997, much less a few years into the future And when one does not understand something there is an inclination to oppose it, at least until some sort of education can be obtained Community members and planners are concerned about the proliferation of these facilities, their visual impact and the perception that these sites may have harmful health effects Some communities are imposing moratonums on new wireless sites to allow time to study them and the effect they will have on their community And the reason this is happening is because the telecommunications industry has done a very poor job of educating planners and members of their communities on just what it is the wireless carriers are trying to do Please see Wireless Future, continued next page League of ca6forroa Cites Page 3 The League greatly appreciates the contributions of many of the people to this newsletter. Please note, however, that the opinions and ideas expressed in all articles are those of the authors and do not necessarily refled those of the League of California Cities or the Planning and Community Development Department None of the articles have been edited for content Need to fill a vacancy? Advertise in Western City magazine Call 916/658-8256 for deadlines, rates and other information it Newsletter Nireless Future, continued Winter 1997 1) Require the wireless carvers to inform you of their short -and long-range )lans to the best of their ability Tlus should include the numbers, types and ieights of their facilities 1) Ask the wireless carvers to have empathy of your community before they file their zoning applications This would include consideration of joint ipplicahons with other carvers for new sites as well as looking at existing facilities for collocation opportunities where feasible 5) Instruct the wireless tamers to take their best shot up front when siting facilities in your community when you know it is needed Tlus would include screening and painting of towers and rooftop facilities in such a manner as to reduce their visual impact on the community Consideration of the wireless earner's costs to perform this screening should be made when making your requests and an effort made to keep these costs reasonable 6) Consider establishing one or more parcels of community or county owned property to offer to the wireless carriers as locations for new joint facilities of their wireless sites Hue a consultant or at least get educated on just what the wireless carvers can and can not live with in your community Perhaps it is better for the community to be a landlord and receive the rental income from these facilities If you have to live with them in your community you might just as well receive the rental money to support sagging budgets and have a say in where these facilities are located An added bonus is a possible deferment of new taxes or fees in your community due to the revenue received in long-term rent from these wireless carvers This is the ultimate in win -win situations However, you need to negotiate and process lease documents quickly The wireless carriers need to construct and generate revenue to support their debt service as soon as possible and will seek private properties if they are bogged down in bureaucracy T) See if the wireless earner will allow community or county communications facilities on their tower at no cost to the community Tlus could benefit public safety with communications for fire, police and emergency services Also ask if the wireless earners will allow attachments of community equipment to emergency power generators owned by the wireless carvers, or if wireless telephones and fax machines could be donated to the community as a public service The Information Superhighway is at your door And your reaction to the planning and zoning applications for these facilities is going to determine just how smoothly the deployment of these wireless networks takes place I urge you to quickly educate yourselves in this area before a war results in which there will be no winner Compromise by both planners and the wireless carvers will be the ultimate solution. Because without compromise, we all lose America will lose as we will be jeopardizing our position as the undeniable telecommunications leader in the world And our communities lose as the Information Highway has the potential to employ thousands of Americans in new jobs and bring us the greatest telecommunications infrastructure the world has ever known. League of Cardbrnia Cities Page 5 y -- Opinion Equal Protection: Treating All Carriers Alike In the March issue of Wireless Update (Vol 1, No 1), three sub -sections of the Telecommunications Act of 1996 were reproduced The authors of Wireless Update believe that Section 704(ax7)(B) of the Act will generate the most debate within local governments The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or uistnanentality thereof - a shall not unreasonably discriminate among providers of f o:ctionally equivalent services, and a shall not prohibit or have the effect of prohibiting the provision of personal wireless services At first glance, this appears to be a restatement of the 14th Amendment to the U S Constitution all citizens are entitled to due process and to equal protection under the law A closer look at the above sub -section, however, raises the following issues ■ "Unreasonably discriminate" - would the permitting of several wireless antennas in a particular zoning distnct in 1996, and the subsequent derual of a new permit in the same district in 1997, be reasonable9 `■ "Functionally equivalent" - is PCS functionally equivalent to cellular9 Is GSM functionally equivalent to CDMA9 Are panel antennas functionally equivalent to whip antennas? ■ 'Have the effect of prohibiting" - can a discretionary review continue to deny applications until the tamer "gets it nght,' and, if the carver loses patience, will that carver have the right to seek redress in the courts? ■ What about a vanance9 Must a vanance that is granted to one carver be available to the others? Don't all variances tend to drscrrsmnate? These are loaded questions, particularly in a community that limits any type of land use (or accessory use) on the basis of s"atton For example, does your community guard against the proliferation of adult bookstores, tanning salons, chain stores, shopping centers or any other use that some may find objectionable when concentrated in one area? Keep in mind that the best cell sites are in a few selected locations The first carver in the best location will tend to subject the next carver to a less desirable location nearby This will, in turn, force the thud carver in that location to an even less desirable cell site, and so on until the permit process is subject to challenge by the last carver to apply The Telecommunications Act of 1996 would be easy to implement at the local level if all the earners were identified and prepared to deploy their cell sites at the same time But, as discussed in the article below, it is impossible to even estimate who all the earners will be and when they will be ready to deploy Who Will All the Carriers Be? And Where Will They All Want Cell Sites? Wireless Update asked the fast question of Michael Wack (202-418-1322) of the FCC His answer (and he was trying to be as helpful as he could be) was "Your guess is as good as mine " There are two cellular earners per CGSA [Cellular Geographical Service Area, a multi -county trade area roughly equivalent to a Primary Metropolitan Statistical Area (PMSA)] In 1995, FCC auctions for two PCS earners were held for 51 multi -state areas (MIAs or Major Trade Areas) Two CGSAs plus two MTAs equal four earners Now a BTA (Basic Trading Area, several of which nest in an MTA) auction is being held That makes five earners, and three more BTA auctions are planned The total of eight earners really becomes nine when Nextel (neither PCS nor cellular, but Enhanced Mobile Services Radio) is considered Even if nine earners were the upper limit (and nine is probably a low numbed it will be years before all earners apply for all of their cell sites It's a fast -come, first -served situation some cities and counties have yet to hear from the fast PCS tamer or its consultants. As the prune cell site locations get peimitted, the following questions will get raised by the Johnny-come-latelys ■ Why does thhast carver to apply get penalized? ■ Can the city or applicant force an existing carver into a "double up" or co -location arrangement? ■ What happens when an area becomes saturated with antennas? (And who defines "saturation"?) These are the kinds of issues that suggest a Wireless Antenna Master Plan. Is it possible to plan for all wireless antennas before the several earners apply, or should cities and counties continue to react to each in dual (or batch) cell site application This is a question 1r5l Undate will answer in sucr�tmo iesuee_ ` — -- --------- o ----- - . What Does Kreines & Kreines, Inc. Do? Xreni m tit Kreines, Inc. offers wireless antenna planning services to cities and eountim 1n one BayAreaitycthis mon$y Krelim & Kreines, I= staff will be leading a workshop oti hoar to plan, permit and monitor these new devices; Published by Krelnes b Kreines, Inc, 58 Pasco Mirasol, Tiburon, CA 94920, (415) 435-9214 f � 1 4 The Atlanta Report: Good No & Bad News Most Wireless Update readers know that the 1996 Olympics are starting in Atlanta. But how many of you know that BellSouth will be providing cellular service via COLTS and COWs? That's right. in order to deal with the ubiquitous problem of not enough coverage where they need it, BellSouth will be deploying COWS (Cellular On Wheels) in trucks the size of a rental truck and COLTS (Cellular On Light Trucks) on vehicles the size of a pick-up truck. The COWS and COLTS wi71 have antennas mounted on the vehicle that will also carry equipment cabinets around to areas surrounding the Olympic sites Who knows if cell sites become too difficult to approve, COWs and COLTs may be a way to bypass local government. To demonstrate how difficult the approvals process has become, Gwinnett County outside of Atlanta has been sued by BellSouth According to the Atlanta Journal -Constitution, BellSouth sued the County on the derual of its 197-foot tower proposed in Ldburn, Georgia. While Wireless Update is seeking more facts, it appears that the complaint against the Cw imiett County Commission is based on an alleged lack of substantial evidence supporting the denial An opponent of the proposed wireless facility, Bruce Nelson, is quoted in the June 1, 1996 issue of the Atlanta Journal - Constitution as stating that BellSouth will "do anything to get this stinking tower built. Do you think anyone around here will buy a cell phone from BellSouth?" Wireless Update will keep its readers posted on these and other items from Georgia. Back Issues of Wireless Update Wireless Update has been puolishe-d monthly since M ackissias of timeless Update are available for $10 00 each if you would like to order any back issues, PIMMus ianow which issues you would like to receive and send a check to Kreines & Kreines, Inc for those issues ' About Wireless Update Wireless Update started as a California -wide reporting service to local governments By May 1996, Wireless Update expanded its readership to the entire West Coast. It is now apparent that the proliferation of towers, antennas, monopoles and base stations is a nationwide phenomenon This increasing trend is viewed with concern by some local governments because the applications are filed one -at -a - time and there is a general reluctance by carriers to co - locate Put all of the carvers' plans together, and no one has any idea of what the overall grid or network will look like. To quote San Francisco Supervisor Tom Ammiano, "[bays a hell of a way to run a railroad" Wireless Update is committed to flexible planning in a deregulated environment, and we will continue to promote the need for a wireless master plan for each junsdiction. Kreines &. Kreuies, Inc Consultants to Cities & Counties on Plain» ig for Wireless Antennas 58 Paseo Mirasol '" Tiburon, CA 94920 Publisher of Wireless Update Kreines & Kreines, inc. Retained by Altamonte Springs, Florida Altamonte Springs, adjacent to Orlando on the north, started to feel the pressure of an increased volume of antenna applications This proud and innovative city has rejected the "model" ordinances being circulated and adopted other cities and counties in Florida for approving Yell sites on an ad hoc, one -at -a -time basis Altamonte Springs wanted to tell the carvers where the City wanted the cell sites (as opposed to the carvers dictating locations) and called Kreines & Kremes, Inc for advice Kremes & Kremes, Inc staff member Ted Kremes appeared at the City Commission's June 18 meeting and assisted the City in the first reading of its innovative ordinance Pa=a Materassi Owecror Grand Terrace Community Development Department 2279s Barton Road Grand Terrace CA %324 What the City of Medina Told Kreines & Kreines, Inc. Ted Kreines, President of Kreines & Kremes, Inc received this message from the City Manager of the City of Medina after delivering the Draft Wireless Master Plan to Medina. We want to thank you for your professional assistance in the development of Medina's wireless facilities plan Your extensive knowledge and experience in this subject combined with your ability to quickly grasp the layout of the community proved invaluable to ourprocess What the Carriers Told Medina and Kreines & Kreines, Inc. Wireless Week, in its 6/3/96 issue, described a recent meeting between five carvers, the Medina City Council and several consultants, in the following way After failing to convince a federal judge to overturn a six-month moratorium on new antenna sites, wireless industry companies are trying to use gentle persuasion with Medina, Washington, city o,BScials to obtain permission to construct up to a dozen antennas in the community Wireless Update was there on May 29, 1996 and can report that the industry came forth with an impressive display of concern and unanimity The camera attempted to '`'answer the following questions to industry representatives from the Medina City Attorney and other city officials 1 How many antennas (wireless facility sites) will each provider require? 2 What areas of the City are best suited for these antennas (sites)? 3 What can be done to reduce the aesthetic impact on the community9 4. How many additional providers should the City anticipate? 5 What provisions are being made or should be made to allow co -location? 6 How does the City determine actual need as compared to what the industry would like to have? 7 Which landowners have indicated willingness, or at least an interest, in allowing facilities on their land? 8 Which areas of the City could accommodate antennas (sites) with the least visual impact on the surrounding neighbors and the City in general? 9. Are there any buildings within the City that have suitable roofs or sides for mounting antennas? 10 What sites outside the City are being considered? 11 What City -owned sites, if any, can be used for antennas (wireless facilities) sites? 12 Under what circumstances, if any, would lattice towers be required or preferred over monopoles? 13 Will future technology reduce or eliminate the need for tall antennas (sites)? 14 How does the siting of an antenna (wireless facility) affect the ability to allow competitors antennas on the same property? 15 Can any or all of the wireless carvers use the system known as CMl/HIC which utiltzes cable television Ines and small transceivers mounted on telephone poles to communicate with wireless telephones9 16 Are any of the carvers using this system in other cities? 17 Is it feasible for carvers to locate base station equipment underground? The answers that the industry provided to these questions would consume more space than this column allows Local governments who are interested in any of the answers can call Wireless Update at (415) 435-9214 Kreines & Kreines, Inc. Offers Services in Addition to Publishing Wireless Update Kremes & Kreines, Inc is proud to send Wireless Update to almost 1,000 readers every month Here are some other things we are talking to cities and counties about this Summer, 1996 o Workshops. These are the most popular services we offer, because local governments want to learn more before acting o Ordinances. Few cities and counties have an ordinance dealing with wireless antennas Ordinances can be expanded from the zoning ordinance or created out of workshop results o Specific Plan for Wireless Antennas. There are many reasons why the California Government Code Section 65450 offers a logical entree into wireless planning o Wireless Master Plan This is the service Kremes & Kreines, Inc performed for the City of Medma, The process does not need to be tune -consuming or expensive. o Telecommunications Plan Many cities are concerned about the public right-of-way and the plans that cable companies and "the phone company" have We are helping them with a more global approach to the entire subject of telecommunications Kremes & Kremes, Inc is glad to help cities and counties in all aspects of wireless planning; call us to talk to about it at (415) 435-9214 Meet Your Next PCS Carder(s) Wireless Update noted that there were more providers coming to you counter in Vol 1, No 3 Call Wireless Update at (415) 435-9214 or fax us at (415) 435-1522 if you want their names and addresses Published by KreInes b Krelnes, Inc, 58 Paseo Mlrasol, 77buron, CA 94920 phone (415) 435-9214, fax (415) 435-1522 e-mail wireless undatanwnrfrfnor m» „ # http //www fcc gov/wtb/letter3 html http //www fcc gov/wtb/letter3html effects M The State's study and any regulations adopted pursuant to that study are an infringement upon the Commission's statutory authority to regulate RF emissions A second scenario is demonstrated by a Pacific Northwest county's denial of a wireless carver's application for conditional use permits to construct a wireless telecommunications infrastructure in its federally -licensed territory At a public hearing, a significant portion of the testimony and evidence submitted into the record by the County Board of Adjustment pertained to environmental issues posed by wireless facilities After being advised that it was not permitted to base its decision on environmental issues posed by radio frequency emissions, the Board of Adjustment continued to hear testimony and admit evidence concerning the same Further, although the Board's decision omitted references to environmental concerns surrounding RF emissions, it did refer to community opposition which, as evidenced by record testimony, centered largely around environmental concerns of RF emissions The Board's decision contained no reference to factual support in the record for the stated bases for its denial Further, the Board's decision prohbited the provision of personal wireless services to the county CTIA believes the Board's actions violate Section 332(c)(3)(A)W and Section 332(c)(7)(B)(iv) of the Communications Act. Michele C Farquhar, Esq January 3, 1997 Page 3 This case illustrates that concerns surrounding FCC-authonzed RF emissions are the basis, often unexpressed, for State and local discrimination against the construction or modification of wireless telecommunications facilities CTIA believes that the Commission should exercise its statutory authority and protect the ability of licensees to avail themselves of the privileges under their licenses by emphasizing the impropriety of State and local governments to consider RF emissions when regulating wireless access to rights -of -way With regard to unreasonable fees and assessments, a Florida city has proposed an ordinance which imposes unreasonable charges upon construction of wireless facilities Under the ordinance, a permit for the construction of a 200-foot freestanding monopole is $40,000 per year Subsequent installers of antennae on the pole must pay 25% of the value of the lease agreement on an annual basis Further, charges can be assessed even if antennae or towers and poles merely are placed on an existing utility pole The requisite expenditures for wireless facility construction in tins city impede financially viable provision of wireless service CM addressed the issue of excessive fees and taxes in its Petition for Rulemalang filed with the Commission in September and therein illustrates the need, and provides the legal basis of authority, for Commission action.0) As CTIA detailed in its Petition, the Commission has the authority and the` 'obligation to preempt discriminatory and/or excessive State and local taxes and assessments This means that State and local excise, usage, property, utility and other taxes and assessments which (1) favor one telecommunications service or provider at the expense of another or (2) impede or preclude the offering of any telecommunications service by imposing excessive or unreasonable costs, are prolubrted .The Commission's preemptive authority has existed since 1934, and remains today The Telecommunications Act of 1996 and the 1993 amendments to Section 332 of the Communications Act, in radically changing the entire telecommunications landscape, inevitably alter what constitutes "discriminatory" and "excessive" conduct barred by the Communications Act. In addition, as C nA explained in its Petition, any taxes or assessments imposed upon wireless tamers or their services must be viewed cumulatively as well as separately. That is, to the extent that various State and local excise, usage, property, utility -taxes, or other fees and assessments, individually or taken together,at bui+dce telecommunications providers and/or service entry, they should be pmhibb te&&Tdout offs extent thone State or locality's taxing practices and regulatory fees unfairly impact the nationwide telecommunications infrastrticfim, they should be prohibited as well 0-qQ 9"' nR I ;- httpJ/www fcc gov/wthAetter4 html - . i- http //www fcc gov/wthAetta4 htmi Federal Communications Commission Washington, D.C. 20554 January 13, 1997 Mr Thomas E Wheeler President and CEO Cellular Telecommunications Industry Association 1250 Connecticut Avenue, N W Suite 200 Washington, DC 20036 Dear Mr Wheeler This is in response to your letter of January 3, 1997, requesting the Wireless Telecommunications Bureau (Bureau) to interpret Federal statutory provisions relevant to State and local regulation of wireless telecommunications facilities and services In your letter, you state that many members of the Cellular Telecommunications Industry Association (CTIA) have expressed concern over a variety of issues raised by State and local regulation You frther state that the Bureau's clarification and advice will provide both wireless carriers and State and local governments with valuable guidance in addressing these issues, as well as assist the courts in exercising their Jurisdiction over specific cases You therefore request the Bureau's opinion as to whether the actions of State and local governments in several factual situations that you describe are consistent with relevant Federal law We strongly believe the public interest is served to the extent that wireless telecommunications licensees are able to build out their systems, consistent with Federal law and the recognition of legitimate land use concerns, with a minimum of misunderstanding and delay In order to promote this goal, and to assist State and local governments in pursuing sound policies that conform with Federal law, we are pleased to provide the advice and opinions that you request Please keep in mind, however, that the conclusions stated in this letter constitute the views of the Wireless Telecommunications Bureau. These conclusions do not necessarily represent the opinions of the Commission or any individual Commissioner, and they do not bind the Commission in any way Furthermore, legal Jurisdiction to determine whether any State or local government action violates Section 332(c)(7) of the Communications Act, other than actions which may constitute unlawful regulation based on the environmental effects of radio frequency emissions, is reserved by statute to the courts W Although the Bureau's expert opinion may assist the courts in interpreting and applying the remaining provisions of Section 332(cx7), neither the Bureau's nor the Commission's interpretation of these provisions can be legally binding b4r. Thomas E Wheeler Page 2 Finally, the interpretations expressed herein are based solely on the facts presented in your letter We have made no effort independently to ascertain the accuracy and completeness of these representations, nor to obtain comment from other interested parties Therefore, this letter should be read as a series of interpretations based on illustrative facts, not as an attempt to determine, on a binding or non -binding basis, the legal status of any particular State's or community's regulations To the extent that we believe additional facts would be relevant to the legal status of any regulation, I have attempted to indicate that fact in this letter 1 You assert that a New England State has enacted a law requiring the State's Public Service Commissioner to issue a report on health risks posed by nomoninng electromagnetic radiation emitted from wireless facilities You further state that the law directs the State Commissioner to recommend j gulestion this Commission's statutory authority to regulate radio fi�equency (RF) emissions 1 of 5 03,19i97 08 19 ; http //wwwAc gov/wtb/letter4 html http //www fcc gov/wtbAew4.hu; Mr Thomas E Wheeler Page 4 concerning such emissions Therefore, to the extent that the evidence establishes that the Board's decision was in fact based directly or indirectly on such impermissible considerations, and the evidence does not establish non-compliance with the Commission's regulations, the Board's decision would apparently be subject to preemption under Section 332(cx7)(B)(iv) The Bureau is considering recommending to the Commission a Notice of Proposed Rulemakuig that would suggest specific standards and procedures for resolving cases of this sort. 3 You state that a Florida city has proposed an ordinance which would impose recurring annual charges for permits to construct support structures for wireless transmission facilities, as well as to mount antennae on existing structures For example, you state, under this ordinance a permit for the construction of a 200-foot freestanding monopole would cost $40,000 per year, and a party that subsequently installs an antenna on that pole would be required to pay 25% of the value of its lease agreement on an annual basis You state that the need to incur these expenditures would impede financially viable provision of wireless service in the city The facts that you describe raise questions regarding possible violations of several provisions of the Communications Act For example, if these fees would have the effect of prohibiting any entity from providing any telecommunications service, the proposed ordinance nught constitute a prohibited barrier to entry under Section 253(a) Alternatively, to the extent the proposed ordinance is considered to regulate the placement, construction, or modification of personal wireless service facilities, a similar prohibitory effect on the provision of services could establish a violation of Section 332(cx7)(B)(n) The proposed ordinance may also be inconsistent with Congressional intent to promote "the development and rapid deployment of new technologies, products, and services for the benefit of the public without administrative orjudicial delays "W Finally, the proposed ordinance right arguably constitute unlawful local entry regulation of commercial mobile radio service (CMRS) providers in violation of Section 332(cx3) You further note that this Florida city's proposed ordinance is but one example of a variety of regulations and requirements which you believe impose excessive fees and taxes on wireless service providers We believe that each regulation of this sort may raise unique factual and legal issues, and therefore that, at least in the short term, it is best to address each case on its own facts For example, cases involving State and local taxes may raise different issues than cases involving other types of fees A petition is currently pending before the Commission which seeks to preempt the State of Oregon's assessment of a property tax based m part upon the amount that a personal communications service licensee paid at auction for Mr 'Thomas E Wheeler Page 5 q v its license (Z The Commission's resolution of this petition should provide guidance regarding the 'yt preemption of State and local taxes, and perhaps of other fees as well =4. You state that an East Coast city has imposed extensive conditions upon any carrier seeking a franchise agreement m the city For example, you state, a carver must provide to the city its authorized services at 800/o of the lowest rate offered to any of its customers. Charges for these services may be 1 offset against the camer's franchise fee of 5% of its gross income or, if the charges exceed the franchise t, I fee m any given year, against the franchise fees for firture years The carver must also provide dark fiber and lateral eoiniections to city government buildings at no cost to the city. z of c 03/19/97 09 IQ http /www fcc gov/wtb/letter4 html hap //www fcc gov/wtb/1encr4 htm Commission promulgated revised RF emissions guidelines in accordance with Congressional directive See Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, ET Docket No 93-62, Report and Order, FCC 96-326 (released Aug 1, 1996), petitions for recon. pending 3 See also Letter from Michele C Farquhar to the Honorable Richard Hurt, Mayor, City of Bedford, Texas, dated June 14, 1996 (expressing opinion that moratonum on issuance of building permits pending completion of Commission's rulemaking proceeding on RF emissions violated Section 332(c)(7)(B)(iv)) 4 47 US C 3090)(3)(A) 5 See Western PCS I Corporation Petition for Preemption of the Oregon Department of Revenue Notice of Proposed Assessment, File No WTB/POL 96-3 (filed July 8, 1996) 6 Section 332(c)(3) permits a State to regulate CMRS rates if, upon the State's petition, the Commission finds that certain conditions are satisfied To date, the Commission has not made any such finding for any State 7 See City of Roseville, Minnesota, File No CWD-96-16, US West Petition for Expedited Declaratory Ruling (filed May 23, 1995) See also TCI Cablevision of Oakland County, Inc, File No CSR-4790 8 See Public Notice, Commission Seeks Comment on Petition for Declaratory Ruling of the Cellular Telecommunications Industry Association, DA 96-2140 (released Dec 18, 1996) Telecommunications Information A Reference Guide for the Superinformatlon Skyway n January 22, 1997 Dictionary 1 Abbreviations 13 Organizations 15 Providers 17 Publications 19 Internet Sites 20 Keith International, Inc PLANNING ■ ENGINEERING ■ ENVIRONMENTAL SERVICES ■ LAND SURVEYING ■ GPS/GIS PUBLIC WORKS ■ WATER RESOURCES ■ CULTURAL RESOURCES COMMUNICATIONS SERVICES ■ INFORMATION TECHNOLOGY 22690 Cactus Avenue, Suite 300, Moreno Valley California 92553 Tel 1909) 653-0234 0 Fax )909) 653-5308 E-mail <Netzwerk®ix netcom com> RIc Stephens, Planning Director Susan Stoltenberg, Planner K television receive only (TYRO) nor} parabolic antennas Antenna, Concealed Also called disguised, camouflaged, 'stealth' antennas, etc These antennas are blended into the environment so as not to be seen or recognized They include architecturally screened roof - mounted antenna, facade -mounted antenna as design features, 'tree' poles which may appear to be palms or pines, clock towers, entry statement signage, and other types of concealment. Antenna, Directional Flat rectangular panels that typically don't exceed six square feet (6sf) [ 5mZ] with a maximum six feet (6) [2m] in length and two feet (2') [ 5m] in width, and are typically, but not always, mounted to a triangular support structure atop a wood pole or steel monopole Typically fifteen (15) panel antennas are required for each cellular facility They can be exposed or concealed behind a radome cover Antenna, Dish (See Antenna, Parabolic) Antenna Element Individual components of an individual antenna Antenna, Groundmounted Parabolic A parabolic antenna, the weight of which is fully or partially supported by an approved platform, framework pole, or other structural system, which system is affixed or placed directly on or in the ground A 2 Antenna Height The distance from the grade of the property at the base of the antenna or, in the case of a roof -mounted antenna, from the grade at the exterior base of the building, to the highest point of the antenna and its associated support structure when fully extended The vertical distance between the highest point of a parabolic antenna when actuated to its most vertical position and the grade below, for a groundmounted parabolic antenna, and to the roof below for a rooftop parabolic antenna Antenna, Microwave Relay Parabolic A transmitting and receiving antenna, typically parabolic, disc or double convex shaped with an active element external to the disc that communicates by line of sight with another similar antenna or a geosynchronous orbiting satellite Antenna, Noncommercial A television receive only (TYRO) parabolic or nonparabolic antenna in any district. Antenna, Non -Roof -Mounted (NRMA) (see Antenna Structure, Free-standing) Antenna, Nonparabolic An individual array or group of arrays used to transmit and/or receive electromagnetic signals, including, but not limited to radio waves related to amateur radio stations licensed by the Federal Communications Commission (FCC) and microwaves related to wireless telephone communications Antenna, Omnidirectional Cylindrical shaped antenna which structures include communications towers, wooden utility poles, standard or decorative concrete and steel monopoles Antenna Structure, Lattice Free-standing or guyed (wire ground connections) steel structure frame Antenna Structure, Monopole A tubular antenna structure made of metal, reinforced concrete, or wood Antenna, TVRO A television receive only (TVRO) parabolic or nonparabolic antenna A standard roof -mounted antenna array and its associated support structure, that is used solely to receive broadcast television signals Antenna, Vertical Whip A pole or single element vertical antenna no more than three inches (3") [7 Scm] in diameter, and its associated support structure Automatic Vehicle Monitonng (AVM) The use of nonvoice signaling methods from and to vehicles to make known at fixed points the location of the vehicles AVM systems may also transmit status and instructional messages related to the vehicles involved Band A clearly defined range of radio frequencies dedicated to a particular purpose Bandwidth A relative range of frequencies that can carry a signal without distortion on a transmission medium K Base Station (Base Transceiver Station, BTS) A fixed station at a specified site authorized to communicate with mobile stations Base stations are usually housed in metal cabinets or small structures within close pro)amity to the antenna structure Basic Trading Area (BTA) A service area designed by Rand McNally and adopted by the FCC to promote the rapid deployment and ubiquitous coverage of Personal Commurucations Services (PCS) and a variety of services and providers There are 493 BTAs in the United States California State Public Utilities Commission (CPUC) The CPUC regulates those telecommunications which are also considered public utilities Where the telecommunications service being provided is a public utility, such as telephone service, including local, long distance or cellular telephone seance, then those seances fall under CPUC jurisdiction California Telecommunications Industry Association (CTU'y An organization for private sector telecommunications service providers Cell The basic geographic unit of a cellular system Also, the basis for the generic industry term "cellular 'A city or county is divided into smaller 'cells," each of which is equipped with a low -powered radio transmitter/recerm The cells can vary in size depending upon terrain, capacity demands, etc By controlling the transmission power, the radio 4 42 the only other person who is speaking English Co -location 1) Siting multiple antenna structures within the same local area Also called 'antenna farms ' 2) Multiple antennas attached to an existing or proposed freestanding antenna structure Also called donor sites and "piggy -bailing ' 31 Roof -mount antenna (RMA) attached to the top of a budding or other structure 4) Fasade-mount in which the antenna is attached to (an) exterior wall(s) of a budding or other structure 5) Enclosed in which the antenna facility is entirely contained within a budding primarily occupied by another permitted use Types 3, 4, & 5 are tenant improvements (TI) Co -location Issues Co -location may be problematic to accommodate the following technical, service and aesthetic concerns 1) Co -location may create signal interference both horizontally and vertically requiring additional area or height Twenty feet (20') [6m] is the ideal platform separation, and the cumulative effect of adding multiple platforms (beanstalk effect) may have a more significant aesthetic impact than individual sites 2) Antenna structural design may not allow additional weight or wind loads from future antennas without significant modification and potential visual impacts 3) The more aesthetically treated monopoles do not have external handholds and attachments for servicing To service these antennas, the entire structure must be lowered Maintenance and repairs to one antenna would also disrupt service to the other telecommurucations system(s) 4) In the permitting of the original site, it may not be infeasible to plan for future calocation How many sites per location? How many antennas per structure? How high a structure to accommodate multiple antennas? This is further complicated by terms of the master lease 5) Liability concerning personnel injury or antenna damage becomes an issue with shared sites 6) Whereas single antenna structures may be visually attenuated, an antenna 'farm" or "forest" could have a more significant visual impact 7) Multiple users will have compounded problems in adapting to new technologies Commercial Mobile Radio Service (CMRS) The regulatory classification that the FCC uses to govern all commercial wireless service providers including Personal Communications Services, cellular and Enhanced Specialized Mobile Radio Data Service The electronic transfer of data or digital information Digital Technology (see Analog Technology) Data (including voice messages) are converted into digits that represent 2 prevent interference with aircraft operations Federal Communications Commission (FCC) The federal government agency that licenses most radio services FCC regulations supersede some of the authority of local jurisdictions to regulate telecommunications facilities The FCC has primary regulatory control over telecommunications facilities through its powers to control interstate commerce and specifically through the Federal Communications Act which established the FCC to provide a comprehensive national system to regulate radio frequency transmissions and related facilities [FCC Rules and Regulations Part 90 (Abridged) Private Land Mobile Radio Services ) Flower Tower A monopole design with arching panels resembling a flower (See 'antenna structure, monopole') Frequency Division Multiple Access (FDMA) Method of radio transmission that allows multiple users to access a group of radio frequency bands without interference General Order 159 (Al (GO 1591 'Rules Relating to the Construction of Cellular Radiotelephone Facilities in California' from the Public Utilities Commission of the State of California Gigahertz (Ghz) B lljons of Hertz Groupe Speuale Mobile (GSM) (now translated in English as Global Standard FK47 8 for Mobile) The Pan -European digital cellular system standard Hertz A measurement of electromagnetic energy, equivalent to one 'wave' or cycle per second integrated Digital Enhanced Network (iDEN) Previously called Enhanced Specialized Mobile Radio (ESMR) Imaging The transmission of still images such as faxes, pictures, or slides Infomnation Skyway The informal name for wireless telecommunications including PCS, cellular, and others The origin of this name is /nformabon Highwaywhich refers to the flow of electronic information Institute of Electrical and Electronic Engineers (IEEE) Professional organization which, among other activities, provides recommendations regarding EMF and RFR safety Interference, Harmful Any emission, radiation, or induction which specifically degrades, obstructs, or interrupts the service provided by such stations Kilohertz (kHz) Thousands of Hertz Land Mobile Radio Service A regularly interacting group of base, mobile and associated control and fixed 4 information transfer by such means as tone, tone -voice, tactile, optical readout, etc A PCS that provides primarily one way voice and data communications such as a voice or electronic message, or a data transfer, to a pager or a device such as a laptop computer with a built in pager Geographic service coverage areas for paging are very large with some paging providers offering nation-wide coverage Personal Communications Services (PCs) FCC terminology describing intelligent, digital wireless, personal two-way communications systems A broad range of telecommunications services that enable people and devices to communicate independent of location PCS networks and devices operate over a wide range of frequencies assigned and authorized by the Federal ' Communications Commission (FCC) Personal Digital Assistant or Personal Communicator Portable computing devices capable of transmitting data These devices make possible services such as paging, data messaging, electronic mad, stock quotations, handwriting recognition, personal computing, facsimile, date book and other information handling capabilities Personal Mobility A feature that may be offered by some PCS which tracks and routes calls and information to specific people rather than specific locations Personal Number or Universal Number A telephone number that is assigned to a person and not a geographic location such as a residence or a business POP Short for population One "POP' equals one person In the wireless industry, systems are valued financially based on the population of the market served Private Carrier An entity licensed in the prnrate seances and authorized to provide communications service to other private services on a commercial basis Radiodeterminabon The determination of position, or the obtaining of information relating to position, by means of the propagation of radio waves Radiofacsimile A system of radiocommunication for the transmission of fixed images, with or without half -tones, with a view to their reproduction in a permanent form Radiofrequency Radiation )RFR) Radiofrequency Radiation is one of several types of electromagnetic radiation consisting of waves of electric and magnetic energy moving together through space These waves are generated by the movement of electrical charges For example, the movement of a charge in a transmitting radio antenna, i e , the alternating current, creates electromagnetic waves that radiate away from the antenna and can be picked up by a receiving antenna 10 Tenant Improvement (TI) (see Co - location) Tenant improvements include roof - mounted antennas, faSade-mounted antennas, and other types of antennas integrated into existing structures Time Division Multiple Access (TDMA) (see Dogital Technology) L A method of digital wireless communications transmission allowing a large number of users to access (in sequence) a single radio frequency channel without interference by allocating unique time slots to each user within each channel Video Mail The electronic storage and transfer of voice and motion video messages Voice -activated dialing A feature that permits you to dial a phone number by speaking it to your ~ wireless phone instead of punching it in yourself The feature contributes to convenience as well as driving safety Voice Mail (also called voice messaging) The electronic storage or transfer of audible messages Whip Antenna (See 'antenna, omnidirectional') Wireless LANs Wireless Local Area Networks (LANs] provide wireless connections for devices such as portable computers and personal digital assistants to other devices and to databases Wire LANs are expected to be built for private user groups such as a business within a small coverage area such as a business campus or downtown area Wireless PBX (Rmte Branch Exchange) Wireless PBX is a PCS which is essentially a wireless business telephone It is expected that Wireless PBX service will provide the same features that desktop business telephones currently provide such as voice mad and three-way teleconferencing The phone handset will be cordless, with the user able to both make and receive calls wherever he or she may be within a service coverage area Coverage areas for Wireless PBX are anticipated to be primarily within buildings and in defined outdoor areas such as a business campus or a neighborhood 12 GSM Global System for Mobile communication (Groupe Speciale Mobile) HAAT height above average terrain ICNIRP International Commission on Non -Ionizing Radiation Protection iDEN integrated digital enhanced network IEEE Institute of Electrical and Electronics Engineers IN intelligent network IP intelligent peripheral ISDN integrated seances digital network ISN information systems network ITS improved mobile telephone service ITU International Telecommunication Union LAN local area network LEC local exchange carrier LEO low earth orbit MOU minutes of use MSO main switching office MSA metropolitan serving area MTA major trading area MTS message telecommunications service, mobile telephone seance MTSO mobile telephone switching office MW microwave NCRP National Council on Radiation Protection and Measurement NIER non -ionizing electromagnetic radiation NRMA non -roof -mounted antenna NWN national wireless network O&M operation and maintenance OCC other common camer PBX Private branch exchange PC planning commission, personal computer F04 14 PCIA Personal Communications Industry Association PCN personal communications network PCs personal communications Service PDA personal digital assistant PIN personal identification number POP total population coverage POTS plain old telephone service PT pocket telephone PTN personal telephone number PUC Public Utilities Commission RASP remote antenna signal Processor RF radio frequency RFI radio frequency interference RFR radio frequency radiation RMA roof -mounted antenna RSA rural serving area R/W right-of-way (row) SAR specific absorption rate SMR specialized mobile radio SMSA standard metropolitan statistical area TDMA time division multiple access Telco telephone communications TI tenant improvement TIA Telecommunications Industry Association TVRO television receive only UHF ultra high frequency UP urban planner VHF very high frequency VLAN vehicle local area network VMS voice messaging seance WATS Wide area telecommunications service WTB Wireless Telecommunications Bureau WTS wireless telephone systems Telecommunications Industry Association (TUN 2001 Pennsylvania Ave NW, Suite 800 Washington DC 20006-1813 Tel (202) 457-4912 Fax (202) 457-4939 TX 595236 USTSACGO Industry Pulse Wireless Telecommunications Bureau Karen Brinkman, Associate Chief Tel (202) 418-0783 E-mail kbnnkmaOfcc gov Steve Markendorff, Ctuef of the Broadband Branch Tel (202) 418-0620 E-mail smarkendOfcc gov 16 5959 Century Blvd, Suite 200 Los Angeles CA 90045 Tel 310/342-1683 Fax 310/342-1615 Pacific Bell Mobile Services (continued) 9610 Granite lodge Dnve, Suite A San Diego CA 92123 Tel 619/496-4000 Fax 619/496-4030 4420 Rosewood Dr, 4th Fir Pleasanton CA 94588 Tel 510/227-3000 Sprint Spectrum 4683 Chabot Dave, Suite 100 Pleasanton CA 94588 Tel 510/468-7800 71@ 18 Internet Sites Bellcore Joint Technical Committee on PCS standardization http //www bellcore com/JTC/jtchome html The Canadian Wireless Home Page http //www wrelessinc calndex html Digital Mobile Phone Information (United Kingdom) http //www brookes ac uk/-p0063886 /GSM html Federal Communications Commission ( FCC) http //www fcc gov/ Institute of Electrical and Electronics Engineers (IEEE) http //www ieee org/ International Standards Organization (ISO) http //www iso ch/welcome html International Telecommunication Union (ITU) (Switzerland) http //www itu ch gopher /Anfo itu ch Japan Ministry of Posts and telecommunication (MPT) http //www mpt gojp National Telecommunications and Information Administration lam) http //www ntia doc gov �K The PCS Page http //www cyberpeak com/PCS/index htm Telecom Australia http //www telstra com auAnfo/comm unications html Telecom Information Resources (umich edu) http //www ipps Isa umich edu/teleco m-info html Telecommunications Act ftp //ftp loc gov/pub/thomas/c 104/s65 2 enr txt Telecommunications Act Summary http //www technology law com/techl aw/act_summary html Telecommunctations Organizations http //www atp Ilnl gov/atp/telecom- orgs html Telecommunications Page http //www- atp Iinl gov/atp/telecom html Telecommunications Sites http //ccnga uwaterloo ca/-jscoun/ telsites html T1 Communication Link ftp //ftp sesqui net/pub/docs/TI-info/ Usenet Newsgroups alt cellular -phone -tech alt dcom telecom clan nb telecom clan tw telecom 20 -w DATE April 17,1997 TO Planning Commission FROM Community Development Department SUBJECT: Wireless Telecommunications Ordinance Community Development Department 4GGGGGGGGGGGGGGOOGOOOGGGGGOOGGGO000G00 The Planning Commission at their Apn13, 1997 meeting continued this item until April 17,1997 to allow Staff time to re -word the subject ordinance by including recommendations from Stalt comments received by Suzanne Cunningham, a Pac Bell representative, and by the Planning Commission. Please review attached copy of the ordinance with revisions indicated with an underline, and omissions indicated with a strikeout. In addition, per the Planning Commissions, request, Staff has invited the Pac Bell representative who was unable to attend the April 3rd meeting as well as other industry representatives who had the opportunity to comment on our proposed ordinance Sincerely, FM Approved by, f-4wau�a-�- . Patnzra Materassi Community Development Du-ector Attachment. Draft Wireless Telecommunication Ordinance PM LM Im c \wp6t. VbmmgVonmg\z9702met and ATTACHMENT 2 - 22795 Barton Road - Grand Terrace, California 92313-5295 - Plannmg Commission Report dated Apn1 17, 1997 2 The proposed amendment to the Grand Terrace Zoning Code is consistent with all other applicable requirements of the local ordinances and state law FACTS The amendments do not propose any physical site changes All future projects shall meet all applicable development standards including, but not luiuted to, setbacks, access, circulation, parking, lighting, and landscaping of the Grand Terrace Zoning Code and applicable development policies of the General Plan 3 The proposed amendments will not adversely affect the public health, safety, and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes FACTS The proposed amendments to the Grand Terrace Zoning Code will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the surrounding property owners All future development plans will be required to comply with all applicable health, building and zoning codes NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS - Section 1 A new Chapter 18 71-Wireless Telecommunications is added to read as follows CHAPTER 18.71 WIRELESS TELECOMMUNICATION FACILITIES Section 18.71.010 Pam: The City of Grand Terrace recognizes that the current growth in the wireless communication industry may result in a proliferation of proposals to install such facilities within the City's limits. Wireless communication facibties typically have antenna structures that reach heights from 30 to 200 feet, with accessory equipment usually constructed nearby Because of their height and expected proliferation, these facilities have the potential to conflict with community land use patterns and to adversely impact community aesthetics. The purpose of this ordinance is to address the current growth in the wireless communication industry by providing regulations regarding the 2 Section 18.71.040 General Standards: All wireless telecommunication facilities shall be subject to the following standards 1) Antennas permitted by this Section shall comply with all applicable building codes 2) Antennas and accessory wireless equipment shall be located, installed, and mounted in a manner to min_m,ze to the greatest extent practical the visibility of the antennas and equipment. 3) Antennas and accessory wireless equipment shall be painted in a non -reflective color 4) Antennas and accessory wireless equipment, if visible, shall be screened with landscaping to the greatest extent possible If trees are to be provided as screening, the trees shall be a minimum of 48 inch sized evergreen trees (unless it is determined that better screening can be obtained through smaller sized trees) in a species approved by the Grand Terrace Community Development Department. All landscaping screening shall be required to be maintained and replaced if necessary by the applicant as long as the associated antenna is in use. 5) Accessory wireless equipment incluft swill= 9,QIUMMI shall be appropriately screened from view by an existing structure where possible, or by constructing screening which blends with adjacent structures in color and form, or by landscapmg where construction of a man made screening is not appropriate AN Pub 6) No advertising, signs, or lighting shall be incorporated Of attached to any antenna or accessory wireless equipment, except as required by the City's building division or federal regulations. Section 18.71.050 Special Standards for Ground Mounted_ Structures: 1) No ground mounted structures and no part of the antenna or visible equipment shall be located within or project into any required setbacks of the underlying land use district. 4 7) Non ground mounted structure for an antenna shall be located in the Barton Road Specific Plan -Village Commercial District and Administrative Professional Distnct. 8) All security fencing shall be of a matenal, color, and design that blends with the character of the surrounding environment. Section 18.71.060 Conditions of Approval• Conditions of approval shall be unposed on any permit and architectural approval granted pursuant to this Section to ensure compliance with the intent of this Part, the required standards and findings of the Section, and the protection of the public health, safety, general welfare, and aesthetics. The permit shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the permit. Conditions shall include, but shall not be limited to the following 1) The applicant shall agree to indemnify, hold harmless, and defend the City its officers, agent, and employees from any and all liability or claims that may brought against the City from its approval or a permit. 2) A eepp of the-epplienat•'s letter Qu ining the terms of the lease with the property owner shall be submitted to the City prior to issuance of a building permit for the facility If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director Upon termination or expiration of the lease, the use permit for the facility shall become null and void and the facility removed within 90 days. 3) Certificate of continued use of each approved facility shall be submitted on a yearly basis at the time of business renewal for as long as the facility remains in operation. The certification shall indicate that the facility is operating as approved and that the facility complies with the most current Federal Communications Commission (FCC) safety standards. Facilities which are no longer in operation shall be removed within 90 days after the date of discontinuation. 4) If no annual certification is provided, the use permit for the q i-) provided under Chapter 18 83 of the Grand Terrace Municipal Code 3 Conditional Use Permit Maximum Tune Limits A conditional use permit for a wireless communication facility shall be valid for a maximum period of three (3) years from the date of effective approval At the end of the conditional permitted use period, the Planning Commission shall have the discretion to review the project to determine if changes in cellular technology warrant retrofit or adjustment of the project. Based on this review, the Planning Commission shall have discretion to impose additional conditions on the project, extend the conditional use permit as is, or revoke the conditional use in its entirety 4 Site and Architectural Review• A major site and architectural review, as provided under Chapter 18 63 of the Grand Terrace Municipal Code, shall be required in all cases involving the installation of wireless communication facilities S Environmental Review: An initial study and negative declaration shall be prepared for each wireless communication facility that proposes to locate in the City Agencies to be contacted include but not limited to the CPUC, and FCC to assure applicable licensure 18.71.080 Site and Desigp Criteria 1. Setbacks - Setbacks shall be determined in each case with minimum setbacks to be consistent with those required by applicable zone. Additional setback requirements shall be determined by the Planning Commission to mitigate aesthetic and land use impacts, or by the City Engineer for safety in the event of collapse. 8 proposed site was selected, and what made the proposed site better than other sites in the area (i.e. technical requirements. cost, and site availability).0 Al. 9 in am adjacent to years The master plan/&te anal�+� shall include an analysis of the potential for double loading existing facilities and the number of discrete repeaters proposed for the facility m the City 4 Elevations Pnor to project review and approval, applicants shall provide the City with dimensioned elevations of the antennae and ancillary facilities, indicating width of structural pole(s) and dimensions of each sector antenna 5 View Simulation Prior to project review and approval, applicants shall provide the City with view simulation containing a scale, and depicting antennae and ancillary facility dimensions. The view simulation shall be accompanied by a reference sheet indicating the point at which the view simulation photo was taken. 6 Written Justification Prior to project review and approval, applicants shall provide the City with a written justification explaining why the requested height of the antennae is necessary 18.71.100 Maintenance Requirements: Building Codes: All antennae, supporting structures and ancillary facilities shall be installed and maintained in compliance with City building codes 2 Periodic Inspections: All facilities shall be subject to periodic inspections by the City to ensure compliance with all conditions of approval. 3. Modifications: No, modifications or additions shall be made to approved antennas, towers, support structures or facilities that are not in conformity with the original approval without prior review and approval by the City 4 Abandonment: Any antennae, supporting structures and ancillary facilities abandoned for a period of 180 days shall be removed and the site 10 1 Section 6 Poster The City Clerk shall cause this ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council Section 7 First read at a regular meeting of the City Council of said City held on the --rd day of -----, 1997 and finally adopted and ordered posted at a regular meeting of said City Council on the ---th day of -------, 1997 City Clerk of the City of Grand Terrace and of the City Council thereof Mayor of the City of Grand Terrace and of the City Council thereof I, BRENDA STANFELL, City Clerk of the City of Grand Terrace, Cahforma, do hereby certify that the foregoing Ordmance was introduced and adopted at a regular meeting on the City Council of the City of Grand Terrace held on the ----th day of----,1997, by the following vote AYES. NOES ABSENT. ABSTAIN - Approved as to form: John Harper City Attorney PM LM lm C \wp611 VIan=&omng1z9702 mrd 12 Brenda Stanfill City Cleric PLANNING COMMISSION MEETING MINUTES PAGE 2 APRIL 391997 ITEM#1 PLANNING COMMISSION MEETING MINUTES - MARCH 69 1997 MOTION PCM-97-14 PLANNING CON04ISSION MEETING MINUTES - MARCH 69 1997 Commissioner Huss made a motion to approve the Planning Commission Meeting Minutes from the March 6, 1997 meeting Seconded by Commissioner Wilson MOTION VOTE PCM-97-14 Motion carved 4-0-2-1 Chairman Suns and Commissioner Trainor absent Commissioner Ellis abstained ITEM #2 CUP-96-01/E-96-04 AN APPLICATION FOR CONDMONAL USE PERMIT AND ENVIRONMENTAL REVIEW OF A BUSINESS WHICH PERFORMS SMALL ENGINE REPAIR AND SALES OF LANDSCAPING EQUIPMENT, PLUS RENTAL OF U-HAUL VEHICLES. JOHN W. OWEN (JOHN'S LAWN MOWER SHOP) 21893 BARTON ROAD, GRAND TERRACE, CA Vice -chairperson Van Gelder said the recommendation by staff is to continue to the next Planning Commission Meeting per request for the applicant. MOTION PCM-97-15 Commissioner Ellis made a motion to approve continue this item to the next Planning Commission Meeting per request of the applicant Seconded by Commissioner Huss MOTION PCM-97-15 Motion carved 5-0-2-0 Chairman Suns and Commissioner Trainor absent PLANNING COMNIISSION MEETING MINUTES PAGE 4 APRIL 3,1997 Mr Mainez summarized the Telecommunications Act of 1996 winch allows local government the authority to regulate the placement and construction of telecommunications facilities in terms of zoning standards It prohibits discrimination against applicants and mandates compliance with radio frequency standard requirements He discussed the Aesthetic Comparison chart of various cities winch was included in the staff report Photos of the "palm tree" monopole in Upland were taken by Commissioner Huss and passed to the Planning Commissioners Comments from PacBell on the proposed ordinance were read into the record as they were received after distribution of the packets ry wireless equipment - PacBell said under Page 4, paragraph 5, addressing accesso grounding the transceiver stations is not feasible because they are prefabricated for above ground use Staff recommended deletion of the under ground requirement and proposed that each project be addressed on a case by case basis Page 5, paragraph 5, addressing minimum distance between �° mounted facilities - Pac Bell said many cities are deleting this minimum distance requirement Staff recommended deletion of the minimum distance requirement for concealed antennae only, and again suggested each application be considered on a case by case basis, considering the architecture, topography and landscaping Page 6, paragraph 2, addressing applicant's lease with the property owner - PacBell's concern is that information contained in the lease is proprietary If the lease were filed with the City it would then be a matter of public record, disclosing confidential information which they do not want to disclose to competitors Staff recommended applicants be required to submit a letter to staff briefly outlining the content of the lease Page 7, paragraph 1, addressing zoning - PacBell said some of the best potential sites are in residential zones (church towers, schools, park light standards etc ) Staff recommended wireless communications be prohibited in residential distracts except concealed antennae on non-residential uses - Page 8, paragraph 5 regarding zoning - PacBell said these facilities are categorically exempt per CEQA Staffs recommendation is to treat application on a case by case basis - Page 9, paragraph 1 regarding processing fee requirements - PacBell wanted all fees listed inthe ordinance Staff recommended the ordinance state "all applicable fees shall apply" - Page 9, paragraph 3 regarding the master plan - PacBell had the same concern in submitting their master plan to the City as with the lease They do not want their master plan to be public record for the benefit of competitors Staff suggested applicant be required to submit a letter and plan for the immediate City area PLANNING COMMISSION MEETING MINUTES PAGE 6 APRIL 391997 derive the coverage needed to provide the service required He suggested asking applicants to project their market sample and provide a planning document projecting the market share they hope to capture Mr Seidel urged the Planning Commission to consider each application independently regarding placement of the transceiver base station above or below ground due to CAL OSHA and other safety/environmental concerns Mr Seidel said one antenna can provide 20 discreet repeaters Each monopole can accommodate many antennae Some Jurisdictions are forcing competitors to co -location They share development costs for one structure but are competitors in the industry so they do not go into such a venture willingly Director Materassi clarified that the Planning Commission is asked to make a recommendation of approval as (amended) of the Ordinance to City Council MOTION PCM-97-16 Motion was made by Commissioner Addington to continue the hearing on this matter (with suggested changes made at this meeting re -written into the ordinance) for further review and analysis Motion seconded by Commissioner Ellis MOTION VOTE PCM-97-16 Motion carried 5-1-1-0 Chairman Sims voted "no" and Commissioner Tramor absent Director said staff will endeavor to have other industry representatives present to answer questions GRAND TERRACE PLANNING CONIlI+MION MINUTES OF REGULAR MEETING APRIL 17, 1997 The regular meeting of the Grand Terrace Planning Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California on April 17, 1997 at 7 00 p m by Chairman, Jimmy W Sims PRESENT: Jimmy W Sims, Chairperson Fran Van Gelder, Vice -Chairperson Moue Huss, Commissioner Gerry Ellis, Commissioner Mary Trainor, Commissioner Patrizia Materassi, Community Development Director Larry Mamez, Associate Planner Raul Colunga, Planning Intern Pat Peterson, Community Development Department Secretary ABSENT: Matthew Addington, Commissioner Doug Wilson, Commissioner * Call to Order * Pledge of Allegiance led by Commissioner Ellis * Roll Call * Public address to Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Community Development Director. PLANNING COMMISSION MEETING MINUTES PAGE 3 APRIL 17,1997 Page 6, paragraph 2 - Requirement of submission by the applicant of a copy of his lease is stricken Applicant is only required to submit a "letter outlining the terms of the lease" Page 7, paragraph 1 - Wireless communication facilities are permitted if completely concealed m residential zones only when associated with the non-residential uses permitted m residential zones, such as parks, church towers, school and light standards No ground -mounted wireless communication facilities shall be installed m residential district on private or public property Page 8, paragraph 6 - Thus paragraph, pertammg to incentive processmg, was added since the last meeting, to encourage applicant to completely conceal/integrate their equipment into existing structures with no aesthetic Impacts to avoid a public hearing before the Planning Commission Page 9, paragraph 3 - Regarding Processing Requirements The addition of a Site Analysis m lieu of a Master Plan, to provide a detailed description of the type of category and service proposed, as well as an estimate of what the future needs will be Mr Mamez introduced Katie Head, Real Property Services Manager, from the City of Riverside, who addressed the Planning Commission as an extension of staffs report Ms Head showed overhead photos of some of the 13 wireless communication sites m the City of Riverside She said PacBell Mobile Services, a personal communications services carver, approached the City of Riverside approximately 2 year ago. City officials have benefited tremendously by the industry information provided by PacBell The City has realized some revenue from location of PacBell's wireless communications facilities placed m the public right of way No complaints or calls of concern by residents were received after the 11 poles were mstalled m the public right of way Administratively, the City entered into a Master Communications Site I == Agreement, the terms of which were negotiated with the carver The Agreement was approved by Council and thereafter sites have been added and deleted administratively by staff The expeditious planning process incorporating a "tumor" CUP is the incentive used to entice applicants mto co -locating on existing facilities Suzanne -. ningham with PacBell Mobile Services addressed the Planning Commission. She said she has read the proposed ordinance and it does seem to be fan' and something they can work with Chairman Suns asked Ms Cunningham if she believed the proposed requirement of a Master Plan/Site Analysis is reasonable Ms Cunningham said it is possible for her carver to give an estimate only because their system is not currently operational It is based solely on computer models at this time Director Materassi asked Ms Cunningham about the number of repeaters possible on one antenna Ms Cummngham replied the maximum number they have planned on one pole is six per their design Chairman Sims thanked both Ms Head and Ms Cunningham for attendmg and sharing their knowledge and expertise with staff and the Planning Commission. PLANNING COMMISSION MEETING MINUTES PAGE 5 APRIL 17,1997 The vacant parcels on City Center Drive the Church is in escrow for now (parcels 6 & 7) are zoned Village Commercial which does not allow church uses In order to be consistent with the current church use of the adjacent church property the subject 2 parcels must be rezoned to Administrative Professional Staffs recommendation of a lot merger for the 2 new parcels and the current church parcel is acceptable to the Church Staff recommended the Planning Commission recommend to City Council approval of the proposed ordinance and associated negative declaration based on the findings listed in the staff report for BRSP-97-01-A2 and E-97-02 Chairman Suns expressed concern and asked if staff had considered the possible impact of development of the commercial property on the north side of City Center Court Mr Mainez said consolidation of the vacant north parcels on City Center Court is encouraged by the General Plan Director Materassi said the entire school playground will have chain link fencing and shrubbery between the fence and sidewalk for enhance the appearance There will be no gates for direct access to the road from the playground at this time Jack Booker 11785 Mt. Vernon Avenue Grand Terrace, CA He wished to express appreciation to the Planning Department for recommending a zone change for the playground He said it is the intention of the Church for the playground to have a very desirable appearance the City can be proud of It is planned to be irrigated and landscaped with trees and shrubbery Chairman Sims asked if the Church intends to fence the playground with chain link fencing Dr Booker responded that is the current intention of the church and pointed out that most schools are fenced with chain link He said chain link is also a safety factor. Mr Debenedet requested as a condition of the sale that shrubbery be used to disguise the gain link fencing Arthur Blind 12825 Vivienda Grand Terrace, CA He stated he is the finance committee chairman for Azure Hills Church He stated he wished to thank the Planning Department for their report and remind the Planning Commission it was the Commission's concern and idea to create additional parking spaces to alleviate parking congestion on the street 55 additional spaces above the 35 required by the new child ministry building were realized but to accomplish that the old playground area was • , PLANNING COMMISSION MEETING MM14MS PAGE 7 APRIL 1791997 notification to neighbors of the administrative review If neighbors have any concerns they will be put in touch with the church to resolve or mitigate the issues Vice -Chairperson Van Gelder said she felt the design of the playground should be brought before the Planning Commission for review Director said she felt the former playground was small and if the Church intends to keep the playground on part of the first parcel only as originally explained to her she fells the review could be done administratively Chairman Sims said he felt there could be drainage and/or grading issues, m addition to the now concerns He said he considers it the Planning Commission's "job" to give mput regarding any of the above issues Commissioner Huss asked if it is standard procedure in an administrative review to bring unresolved issues to the Planning Commission for resolution Director Materassi answered in the affirmative Commissioner Wilson asked Director Materassi what percentage of the zone change parcels was the conceptual drawing presented by the school Director Materassi said the conceptual drawing was just received from the school today She understood the school would be merely replacing the old playground equipment and an extended grass area, not extensive new equipment Vice -chairperson Van Gelder asked how many children would be on the playground at one time Director Materassi referred that question to Principal, Linda Pennick, who said the school recesses _J are staggered so the number of children on the playground would vary from 20 to 40 The entire school population is never anticipated to be on the field concurrently Chairman Sims said the Planning Commission should address the zone change then bring a separate motion as to whether the playground design should go before Planning Commission for approval or be approved at staff level MOTION PCM-97-19 Chairman Sims made a motion to recommend to City Council approval of Z-97-01 and E 97- 02 as amended Motion seconded by Commissioner Ellis MOTION VOTE PCM 97-19 Motion carved 5-1-1-0 Commissioner Wilson voted "no" and Commissioner Addington absent PLANNING COMMISSION MEETING MINUTES APRIL 1791997 PAGE 9 customer service neighbor survey indicating the neighbors are happy Staff will be following up to determine compliance with other conditions of approval Commissioner Wilson thanked staff for continued updates on regional transportation issues They have been very informative and helpful to him m his work Commissioner Ellis commended staff on the supplemental information and work done on the wireless communication ordinance since the last meeting Commissioner Van Gelder expressed concern about the painted window advertisements at Village Food & Wine Director Materassi said the Community Development Department is still pursuing code enforcement The Planning Commission would like staff to have the authority to issue citation to repeat violators Staff will pursue the recommendation Information to Commissioners Director Materassi gave the Planning Commission an update on the Halstead code enforcement actions regarding the recent wedding performed last weekend Director requested the Planning Commission reserve time next weekend to review General Plan Task Force material which will be subject of upcoming meetings, starting on May 1, 1997 Director said Council Member Garcia has requested, and Council supported, the General Plan Task Force process be expedited to assist the Council m the budget process Director will present the City Mission/Vision and Executive Summary of the Action Plan proposed by the General Plan Task Force to City Council on May 1, 1997 Mw item will be discussed at the City Council Meeting on May 8, 1997, and the Planning Commission is invited to attend that meeting for input Respectfully9:00 P.M. ADJOURNED PLANNING COMMISSION YMMERM m=d Approved I Patnzia Materassi Community Development Director 04-23-97 pp c \office\wpwm\wpd=\plammmg\mmutes\04-17-97 min k I Jimmy W Sims Chairperson, Planning Commission STAFF REPORT CRA ITEM O COUNCIL ITEM (X ) FUNDING REQUIRED Community Development Department MEETING DATE. MAY 8,1997 NO FUNDING REQUIRED X SUBJECT: Draft Summary of GPTF Action Plan RECOMMENDATION: Accept Information, Review and Provide Input BACKGROUND Per your request, from City Council Meeting of April 10, 1997, staff has prepared a summary of the major GPTF recommendations as they may be applicable to the budget process - The Summary Action Plan In order to provide the members of the City Council with a context to evaluate these actions four other items have been included as follows ♦ Guiding Principles for Grand Terrace, ♦ A Vision for Grand Terrace, ♦ Summary of the 8 Major Recommendations of GPTF, and ♦ Outline Graphics of the Major Recommendations, which form the basis for the Summary Action Plan submitted When we reduce complex analysis issues into the smallest denominator, the analysis becomes easier and doable The GPTF reduced the General Plan analysis from the City to the family to the child and came up with basic values which are applicable to the City in its operations as it evolves into the next century Please refer to Guiding Principles for Grand Terrace - Attachment B However, that was not sufficient as a dream of the future A conceptual benchmark needed to be established What do we want the City to be in 20 years? So that A Vision for Grand Terrace was developed Please refer to Attachment C In order to reach the vision, strategies or major recommendations were assembled out of 3 years of discussions and consensus building on various issues of concern Rather than deciding early on what should or should not be part of the General Plan without a context, these concerns have 22795 Barton Road • Grand Terrace, California 92313-529t•&k'Afd CONCLUSION - What May apply to the Budget? There is nothing of great fiscal impact proposed within the short term and applicable to this budget exercise Items which could be actually considered are of relatively minor impact nature, such as giving extra special attention to Grand Terrace Days, - working on the GTI Market site, - conduct a series of data gathering to evaluate Grand Terrace market niche such as economic base analysis, market analysis, business survey, etc , - form partnerships with the Chamber of Commerce, and - conduct fiscal evaluation of the Action Plan All other items should come along with the General Plan certification and/or at later dates No cost estimates have been done for these items with the exception of the Market Niche Determination Analysis for a total of $25,000, currently included in the Community Development Department budget Please note that this Summary Action Plan does not yet include recommendations for the Circulation and Housing Elements which will be submitted to the Planning Commission in June, 1997 These recommendations will include street improvements for traffic and transportation to keep service levels C or D on Grand Terrace streets to the year 2020 Also, it would include "proforma' proposals for mixed use and senior housing in the BRSP, plus other strategies to receive HCD Housing Element Certification Respectively submitted, 0& oT�—Ssi Pat ma Materassi Community Development Director PM pp Attachments A - Draft Summary Action Plan B - Guiding Principles for Grand Terrace C - A Vision for Grand Terrace D - Summary of 8 Major Recommendations of GPTF E - Graphic Illustrations of 8 Major Recommendations C \office\wpwm\wpdocs\planning\corresp\gplan\summGPTF pin nRZZ �rLI Summary of Action Plan * PLEASE REFER TO LEGEND AND REFERENCE NOTES AT THE END OF THIS DOCUMENT # MAJOR IMPLEMENTATION FISCAL METHOD OF RECOMMENDATIONS/ACTIONS TIME Soon mu'ACT/FUNDS Small(0-50I) -$, ADOPTION ORDINANCEQ within 5 yrs Med (Slk 1M) SOLUTION=R GUIDELINES=G within 10 yrs $, Large (1M+) within 20 yrs $+ ongoing *1 *2 *4 1 COMMUNITY IMAGE Ongomg -$ G A Ideas & Strengthening the City's Image - Incorporate Blue Mountain symbol into City brochure, signs,etc B Tools We Can Use to Fortify the CLty's Ongomg/Soon -$ O Image (GT Days) - Hold More Community Level Events such as food and art festivals - Establishing a Business Directory 5 yrs -$ O C Competition for New Businesses Ongomg -$ O - Market Grand Terrace's Best Assets via City brochure, web page (*5) and participation in marketing events 2 BLUE MOUNTAIN AREA 5 yrs -$ O A. Maintaining Blue Mountain as Open Space - Develop a Specific Plan for Blue Moun- tain B Blue Mountain Fire Overlay Zone 5 yrs -$ O C Create public tram system on Blue 10 yrs $ G (*3) Mountain D Develop Blue Mountain Wilderness Park 10 yrs $ G (*3) as parkmg area and trailhead for Blue Mountain Trail System E Increase m heu pulang fees 5 yrs N/A R 3 CITY CENTER 5 yrs -$ P%beid fimds a� A Phase If of the Barton Road Specific Plan O - Introduce Mixed Use to Barton Road - Including Senior Housing in Downtown 5 yrs $+ R - Establish a Public Plaza in the Down- 5 yrg $+ R town Area - Refine & Increase Flexibility in Design 5 yrs -$ O Features & Parking Arrangements B Barton Road Aesthetics 10 yrg $ R - Improve Streetsca e - Install a Median on Barton Road 10 rs $ R - Extend City Bike Lanes 10 yrs $ R - Enforce Sign Codes with authority to is- Soon $ R sue citations 3 A D Exploring Opportunities - Coming Up with Ideas for the GTI Mar- ket Soon $ provided funds are available R - Connect Barton Road via bike, pedestrian 15 yrs $ R paths and local shuttle 4 ECONOMIC Soon -$ O DEVELOPMENT A Developing a `Market Niche" - Using Analytical Tools to Define Our Niche by conducting an economic base and market analysis, survey and business mcuba- tor feasibility B Ensuring Balanced Development Stan- Ongoing -$ G (*3) dards C Advancing a Positive Relationship Soon N/A O the Business Community - Establishing More Partnerships with the Business Community - Mamtammg Relationships with Profes- Soon -$ O sional Organizations CALED and PAS 5 INDUSTRIAL AREA 5 yrs -$ O A Develop a Business Park Specific Plan - Detailmg Development Standards B Circulation (frewayooffampat Iowa Ongoing lobbying $+ G (*3) C Encourage New Industry & Promote the 5 yrs $ G Industrial Areas - Incentives to Developers Detailed Site Information Provided to Po- 5 yrs N/A O tential Investors Inclusion of Family-Onented Entertainment 5 yrs N/A O Use in the Industrial Area 6 FAMILY & CHILDREN 10 yrs -$ O ORIENTATION A. Development & Support of Entertam- ment for Children & Teens - In Retail & Business Park Areas B Continue Emphasis of Parks & Recrea- 5 yrs N/A O tion Facilities - Care for Existing Facilities/"Adopt a Park" Pro am - Support for New Facfhties/acquisition of 20 yrs $+ G(*3) land between Terrace View Elementary School and the Senior Center C Encourage a High Quality Education for Ongoing -$ G("�'3) Our Children - Use of Technology - Safety issues/crime prevention Ongoing $ G(*3) 7 NOISE/SAFETY & 5 yrs -$ O INFRASTRUCTURE A Noise - Need for a Noise Stud - Maintaining a Good Neighbor Policy Ongoing N/A G(*3 B Safety/Emergency Preparedness Ongoing Out- N/A O - Getting Emergency Information Out and reach Effort Holding an Emergency Drill - Coordinate Infrastructure Maps on GIS A0 yrs $ provided funds are (*5) available R C Infrastructure 20 yrs $+ G(*3) - Develop and unplement a Drainage Master Plan - Maintain Flood Control Maps (update) ongonig O - Coordinate with Water Company Master Ongoing N/A O Plan (GIS *5 - Develop long term Sewer Maintenance 20 yrs $+ G(*3) and Replacement Plan - Develop long term Street Maintenance and 20 yrs $+ G(113) Replacement Plan 8 STRATEGIC 5 yrs N/A R IMPLEMENTATION A. Action Plan - Review and Adopt a General Plan Action Plan - Develop Performance Inchcators 5 yrs N/A R - Conduct Fiscal Evaluation ofAction Soon N/A N/A Plan B Implement a Mentor Program 5 yrs N/A R * REFERENCE NOTES COLOR LEGEND RED Implemented soon, high fiscal impact &/or adopted by ordinance GREEN Implemented within 5 yrs , medium fiscalimpact, Wor adopted by resolution DARK YELLOW Implemented within 10-20 yrs, low fiscal impact &/or adopted by guideline BLACK Ongomg items and not applicable items 1 Please note that the Action Plan focuses on items to be added or in addition to what we have today Please refer to the first three Guiding Principles and first paragraph of the "City Vision" for priority objectives to be considered prior to and along with these items 2 Any item with medmm or high fiscal impact is proposed to be either automatically adopted by Reso- lution or to be a Guideline 3 Items for which research needs to be done to establish feasibility will need to be adopted as guide- lines, however, wording can still be incorporated into the General Plan as a policy to be promoted as feasible 4 Items adopted as Ordinances become law Items adopted by Resolution can be altered as conditions change Items adopted as Gwdehnes do not reflect a commitment unless incorported into the General Plan as policies in a less committing format 5 GIS and Web Page is merely an interpretation of staff It has not been discussed during General Plan Task Force meetings c\msofficeko=&-IgptfladpL sum GUIDING PRINCIPLES FOR GRAND TERRACE Most parents do their very best to raise happy, healthy and capable children and give them a strong underlying value system Parents hope that, in the future, their children's actions will reflect their values Similarly, the citizens of Grand Terrace hope the City uses these principles as guidelines for decision making This will benefit the City of Grand Terrace in its evolution into the next century Basic values and how they apply to Grand Terrace • Be responsible Make important decisions based on future generations Conserve natural resources and protect all living systems • Take care of yourself Protect and enhance what we already have, our low density, attractive neighborhoods, our parks and level of safety • Try your best Provide high quality public services in a cost effective manner • Know who the most important people in your life are Give pnonty to families, children and their needs • Be proud of yourself, transcend Strive for sustainable economic growth and development of a great City identity • Have a goal and continually pursue it Consider the General Plan a living document to provide continuity beyond pubhc officials and staff to enhance quality of life in Grand Terrace • Respect other people's values, be patient and be friendly Promote community participation and formation of partnerships to ensure a sense of belonging and community growth • Be honest Maintain open and trusting government Educate the community • Have fun and enjoy the journey Celebrate nature, celebrate your heritage and accomplishments Bring beauty to the residents' eyes and pride to their heart. Note Guiding Principles are to be an integral part of the City General Plan, however may be adopted as a guideline and not by ordinance c \mso?fIce\commdev\gptflnewguid doc PM ATTACHMENT B A VISION FOR GRAND TERRACE Moving towards the future In twenty years, Grand Terrace will be recognized as the most desirable family town in the region Low density, clean and quiet atmosphere, safe and attractive neighborhoods, lovely parks, numerous recreational activities for children and excellent schools, outstanding panoramic views and strategic location, progressive civic leadership - all this will provide the opportunities The journey will bring denser and more diversified homes and businesses along Barton Road The journey will also create a most unique and specialized commercial niche within our small community Vibrant commercial trade of Grand Terrace business and industrial owners, combined with partnerships between residents and outside investors, and these groups with the City, will lead Grand Terrace into a prosperous future with sustainable economic growth All who wish will be able to ride, walk or bicycle via'green, blossoming and beautifully landscaped corridors to the town square in the centre of town Elegant and meaningful city entry signs will help us advertise and celebrate the great small City of Grand Terrace Grand Terrace, Blue Mountain City, moving into the future with a vision for quality of life for all residents Note This vision is to be illustrated with pictures and graphics once incorporated into the General Plan ATTACHMENT C Strategic Plan 1 Community Image Develop our city's image as Grand Terrace - The Blue Mountain City Help the City of Grand Terrace to grow per the city Guiding Principles 2 Creating and designing a City Center Create a Town Plaza surrounded by commercial and community uses and denser, privately owned homes - a mixed use concept to start densifying and diversifying our "downtown" A landscape median will improve Barton Rd pedestrian scale and safety 3 Economic Development Utilize analytical tools to determine the economic role of Grand Terrace locally and regionally, to determine our market niche Develop public -private partnerships forjob creation and sustainable economic growth 4 Industrial Park Concentrate transportation planning efforts in the industrial area infrastructure and parameters for development via the San Bernardino Association of Governments (SANBAG) and a development of an Industrial Park Specific Plan Develop better circulation, a new access to the Freeway via Iowa Interchange, and ajob base to help support retail Introduce recreational services as a permitted use in the area 5 Family and Children Orientation Reinforce the already existing family and children orientation Support family activities by creating places to learn, recreate and relax, and by continuing to earn our reputation as a low crime area Create an Adopt -A -Park program and emphasize new technology 6 Blue Mountain Preserve and protect Blue Mountain through containing development to the foothills and developing a system of hiking trails to be incorporated to the Blue Mountain Wilderness Park 7 Noise/Safety/Infrastructure Plan for the future in terms of infrastructure, noise abatement, emergency and public safety Ensure all plans and procedures are consistent among themselves and with overall County, State and Federal regulations Implement a comprehensive outreach program to inform residents 8 Strategic Implementation Generate performance standards to measure accomplishments, fiscal evaluation of actions and implementation methods Support the General Plan Task Force Mentors Program Note Portions of this plan will be adopted by ordinance, others by resolution and others as guidelines The overall summary to be adopted as a resolution and be named the Strategic Implementation Element. ATTACHMENT D ATTACHMENT CITY OF GRAND TERRACE CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: May 8, 1997 AGENDA ITEM SUBJECT SPECIAL PURPOSE CONSULTING AGREEMENT TO RESEARCH PERS EMPLOYER SURPLUS AVAILABLE FUNDING REQUIRED NO FUNDING REQUIRED XX The City was advised by PERS, in December 1996, that unless it elected to use its' $78,000 surplus to offset current retirement contributions, any unused surplus amounts at June 30, 1997 would no longer be available for offsetting current retirement contributions Any unused surplus at June 30, 1997 and any future additions to the City's PERS surplus could only be used to offset potential future rate increases ,i This action by PERS stems from a 1990 legislative action (SB 1015) which phased out control of the member agency's surplus over four years ending in June 30, 1997 Staff chose to offset current retirement contributions after considering that future PERS contribution increases are unknown and that use of the surplus to offset current contribution due would represent a higher present value use for the funds Therefore, approximately $70,000 will be saved in PERS contributions in fiscal year 96-97 and shown as a "Non-Recumng Retirement Credit" revenue Approximately $5,000 to $8,000 will remain as an `unusable surplus" Mumcipal Resource Consultants (MRC) has offered to review the City's retirement plan surplus with PERS for any understatements, errors, any additional surpluses due to the City, and, if necessary, obtain extensions to use any newly found surpluses MRC would receive a commission of 10% for any new surpluses found and taken by the City Staff feels that there could be additional surpluses STAFF RECOMMENDS THAT COUNCIL 1 APPROVE SPECIFIED "PROFESSIONAL SERVICES AGREEMENT "WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) 2 DIRECT MAYOR TO EXECUTE SAID AGREEMENT WITH MRC COUNCIL AGENDA REM PA To Mayor and Members of the Council From. City Manager Subject Potential Loss of City Surpluses to the Public Employees Retirement System Back round As you are aware, the City contracts with PERS for retirement for our employees Each month we make payments to our defined benefit pension plan(s) based upon the actuarial cost of our retirement benefits which include such factors as historical salary changes investment earnings on our pension assets, employee retirement and mortality rates In past vests our rates have changed from time to time and in some years the City has been informed by PERS that our pension accounts(s) have developed surpluses which could be used to offset all or part of our normal contributions In 1990, the passage of SB 1015 repealed PERS authorization to declare surpluses and temporarily reduce City pension contribution costs after July 1, 1997 This change in law was made partly as a result of the 1997 stock market correction and a concern by the legislature that a growing reliance on surpluses meant that some public agencies had not made general find contributions to PERS for some years and were failing to plan for the possibility that surpluses might end and leave a local agency unprepared to make its normal retirement payment As this program ends PERS has advised their contracting agencies that no new surpluses will be established after July 1, 1997, and that all existing surpluses must be used by June 30. 1997 Proposal Municipal Resource Consultants (MRC) has contacted the City to conduct an analysis of our pension account(s) to determine if PERS has undervalued our current and prior surpluses and to seek an extension of the Jive 30, 1997. deadline so that our unused surpluses, or surpluses newly identified by MRC as of July 1, 1997, may be used to offset our current and future budgeted pension costs. This proposal would authorize MRC to conduct an analysis of the City's pension account(s) to determine if new additional surphises can be identified which otherwise will be lost MRC proposes to commence work within five (5) working days following execution of this agreement and deliver a report within forty-five (45) days thereafter In order for the City to use additional surpluses identified by MRC by June 30, 1997, or to secure an extension which would allow the City to use them after lily 1. 1997, it is important that the City authorize MRC to proceed as quickly as possible. Commotion MRC has structured its service to be self -finding to avoid creating an expenditure impact on the City's budget. Their fee equals ten percent (10%) of any new surpluses identified by MRC and realized by the City, and any existing surpluses that would otherwise expire but become eligible for use after July 1.1997 Therefore, MRC will not be compensated until after the City notifies WC that all or part of the additional surpluses identified by MRC have been credited or otherwise used to offset the City's required contribution to PERS All expenses are absorbed by MRC, including airfare, auto rentals, meals, Iodgmg, report production. telephone. mail, legal and actuarial expenses, etc Recommended Action In order for the City to use any additional pension surpluses which may be identified by MRC before June 30, 1997, and to secure an extension which would allow the City to use them after July 1, 1997, it is important that the City authorize the proposed contract and for the consultant to proceed as quickly as possible with the tasks outlined in their proposal Due to the time -sensitive nature of this issue, it is respectfully recommended that the Mayor and the City Council authorize the City Manager to execute the proposed contract with Municipal Resource Consultants to commence work to determme if the City is entitled to additional pension surpluses to offset current and future employee benefit costs Respectfully submitted, PUBLIC GENCY COALITION *** Alen *** March 20, 1997 P 0 Box 189719 Sacramento. CA 95818 Phone. (916) 4SVi322 FAX (916) 455.7645 Phone- (916) 45&5282 FAX (916) 456.3950 As we've discussed in earlier Alerts, SB 1015 was a bill passed in 1990 which put into place a multiyear schedule to reduce and eventually end the ability of local agencies to use thew PERS surpluses to offset thew current year contributions If an employer's assets are sufficient to pay for all past service, leaving only the cost of currentUa ts-to-F be pat-&f`et by conuffadons;lrat2mplayer n=ounticonsidered to be 'fully funded'. Any additional assets on hand are considered to be 'excess' or 'surplus' assets by PERS. Before SB 1015, the PERS Board could (and did) allow an employer to �J suspend PERS contributions in order to reduce the amount of the surplus SB 1013 changed all that by requiring that these excess funds be plowed back info the employer's total retirement liability, which served to reduce the employer's rate aver time but to deny local agencies the right to use their surpluses as they see fit on a year to year basis While the bill as introduced would have made that change in policy and practice in one step, it was amended in the Assembly to set up a schedule whereby agencies lost control over their surpluses in annual 20% increments until 100% of any surplus would be applied against the unfunded iiability. . The general interpretation of that schedule has been that June 30, 1997 would be the last day that employers would have any control over any part of their surpluses However, that has recently been thrown into question by Municipal Resource Consultants (MRC) which is a revenue consulting firm to over 150 local agencies in California. According to MRC, errors and omissions may have been made on the calculation of conxn`butions of local agency surplus amounts, which will require farther investigation on an agency -by -agency basis to determine if additional surpluses are available and, if so, in what amounts And that's where we come in. MRC retained us last week to help them get the word out to local agencies that this matter may well not be dosed after all and that there may be more money in your surplus accounts than previously thought After looking at thew arguments and rereading the bilk, we think that they may be right As is often the cam wits r ,} PROFESSIONAL SERVICES AGREEMENT Municipal Resource Consultants (MRC) hereby agrees to provide a professional wrvue to enable the City of Grand Terrace (Cary) to use additional surpluses identified by MRC to offset the City's required contributions to the California Public Employees' Retirement System (PERS) and to extend the tine for using the additional surpluses MRCs service is to be provided on a self -funding basis to enhance the City's revenue without creating a budget expenditure impact The service objectives, scope, timing and compensation are set forth as follows 1 BACKGROUND Legislation enacted in 1990 (Senate Bill 1015) requires that PERS set employer contribution rates using all assets of the plan, including assets previously categorized as "surplus", by July 1,1997 The provisions of that legislation required phasing out the establishment of "new" surplus each year This started with a "new" surplus equal to 80% of assets in excess of accrued habildaes for the 1993-94 fiscal year, then "new" surplus equal to 60% of such excess for fiscal 1994-95, 40% for fiscal 1995-% and finally "new" surplus of 20% of such excess for bsLal 1996-97 PERS has advised that no new surplus will be established after the current 20% amount and employers will not be able to offset contributions due after July 1,1997 Accordingly, PERS has advised public agencies that they must exhaust their surplus accounts by June 30,1997 2. OBJECTIVES MRCs service is designed to achieve three related objectives O To detect and document errors/onumons which have caused the City's PERS account surpluses to be understated, 13 To enable the City to use additional surpluses identified by MRC to offset the Cis required contributions to PERS, before these surpluses become unusable, and O To extend the time available for using additional surpluses beyond June 30,1997. To the degree MRCS service achieves the stated objectives, the benefits realized will affect the rescheduling of employer retirement obligation payments, but will not affect the overaII amount of those obligations SCOPE OF SERVICE The scope of MRCS service includes, but is not limited to, the following procedures O Procure from City a copy of the official statement it received from PERS which establishes the final determination by PERS of the surplus amount in the City's amount (the City should have received its statement from PERS by December 19%) 1] Obtain from City a copy of all official statements from PERS for the prior three valuations for which surpluses were determined The City agrees to compensate MRC an amount equal to 10% of the additional surpluses realized that become eligible for use after July 1, 1997 Tlus amount will be unvoiced after the City notifies MRC that all or part of the additional surpluses have been credited, or used to offset the City's required contributions to PERS Under this compensation plan, the City ❑ Authorizes MRC to file the necessary petitions, claims or appeals and to meet (on behalf of the Caty) with PERS to assist the City in realizing all of the additional surpluses to which it is entitled, and ❑ Notifies MRC within 5 days after all or a portion of the additional surpluses have been credited, or used to offset the City's required contributions to PERS All expenses are absorbed by MRC. These expenses include items such as airfare, auto rentals, meals, lodging, report production, telephone, mail, legal and actuarial counsel, etc Earned compensation invoiced under this agreement is due and payable upon receipt. This agreement may be authorized by returning an executed copy The ongmal is for your records City of - -- - - Byo -- Title: Signature: \ Date: MUNICIPAL RESOURCE CONSULTANTS PARMEIt. IOEXT "STZI. INC 1114, 1997