Loading...
05/22/199722795 Barton Road Grand Terrace California 92313-5295 Civic Center (909) 824-6621 } Fax (909) 783-7629 Fax (909) 783-2600 Byron R Matteson o Mayor Dan Buchanan Mayor Pro Tempore A Herman Hilkey Jim Singley Lee Ann Garcia Council Members Thomas J Schwab l City Manager FILE COPY May 22, 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 OF GRAND TERRACE COUNCIL MEETING A - CITY COUNCIL CHAMBERS MAY 22, 1997 GRAND TERRACE CIVIC CENTER 6 00 P M 22795 Barton Road Tim CITY OF GRAND TERRACE COwms wrm THE AMEuCAws wffH O1sAEILIT(ES ACT OF 1990 YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS FETING, PLEASE CALL TIM CITY CLERK'S OFFICE AT (909) 524-6621 AT FAST 49 HOURS PRIOP TO tTHe NMETiNo , * f Call to Order - * ` Invocation - Pastor Tom Comstock, Assembly of God Church * Pledge of Allegiance - * Roll Call - AGENDA ITEMS STAFF i COUNCIL RECOMMENDATIONS ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY I 1 Approval of 05-08-97 Minutes I Approve Approval of Check Register CRA052297 Approve I ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CrrY COUNCIL MEETING I 1 Items to Delete 2 SPECIAL PRESENTATIONS A Recycling Family of the Month - April 1997 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 I A Approve Check Register No 052297 B Ratify 05-22-97 CRA Action C Waive Full Reading of Ordinances on Agenda I D Approval of 05-08-97 Minutes Approve COUNCIL AGENDA 05 22-97 - PAGE 3 OF 3 I AGENDA ITEMS STAFF COCIL I RECOMIIIENDATIONS I ACTION B Second Reading of an Ordinance of the City of Grand Approve Terrace, California, Amending the Grand Terrace i Zoning Code to Add Chapter 18 71 Pertammg to Wireless Telecommunication Facilities and Make Other Minor Related Amendments to General Regulations and Exceptions to Chapter 18 73 8 NEW BUSINESS - None I 9 CLOSED SESSION 'A City Manager Performance Evaluation i ADJOURN THE NEXT REGULAR CRA/CITY COUNciL MEETING WILL BE HELD ON JUNE 12, 1997 AGENDA ITEM REQUESTS FOR THE 06-12-97 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 06-05-97 PENDING C RA APPWft CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - MAY 8, 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 May 8, 1997, at 6 00 p m PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Jim Singley, Agency Member Lee Ann Garcia, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, Agency Secretary Bernard Simon, Finance Director Patrma Materassi, Community Development Director Virgil Barham, Building and Safety Director John Harper, City Attorney Lt Mike Howell, Sheriff s Department ABSENT: None APPROVAL OF APRIL 24, 1997 CRA MINUTES CRA-97-17 MOTION BY CHAIRMAN MATTESON, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 5-0, to approve the April 24, 1997 CRA Minutes APPROVAL OF CHECK REGISTER NO CRA050897 CRA-97-18 MOTION BY AGENCY MEMBER SINGLEY, SECOND BY AGENCY MEMBER GARCIA, CARRIED 5-0, to approve Check Register No CRA050897 COMMUNITY REDEVELOPMENT AGENCY STATEMENT OF INVESTMENT POLICY Agency Member , expressed his concern with section ten of the policy, he wants to make sure that it is very clear that the safekeeping needs to be with the Trust Department of Bank of America and that direct entry are simply with the Federal Government CRA-97-19 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCII.MEMBER HILKEY, CARRIED 5-0, to approve the Community RedevelopmentAgency Statement of Investment Policy with Section 10 reading as follows CRA AMDAIiElANO. I c PAGE 1 PENDING_ C RA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE MAY 22, 1997 J CHECK REGISTER NO. 052297 OUTSTANDING DEMANDS AS OF: MAY 22, 1997 CHECK NO, VENDOR DESCRIPTION AMOUNT P11824 CAPREE ESCROW DEPOSIT TO PURCHASE PROPERTY AT 12537 MICHIGAN STREET 1,00000 P11833 BERGEVIN'S CLEANING SERVICE JANITORIAL SERVICES FOR REHABILITATION BUILDING, MARCH/APRIL, 1997 (THIS IS TO REPLACE CHECK LOST IN THE MAIL) 6000 P11834 STATE COMPENSATION INSURANCE FUND WORKERS' COMPENSATION INSURANCE FOR APRIL, 1997 21965 38078 A-AVIS PLUMBING REPAIRS AT 22113 RAVEN WAY 37400 38084 DAN BUCHANAN STIPENDS FOR MAY, 1997 15000 38086 CALLISON CONSTRUCTION FINAL RETENTION FOR REHABILITATION OF PROPERTY AT 22113 RAVEN WAY 1,63500 38090 RAUL COLUNGA INTERN, 4/21-5/2/97 21000 38095 DANKA OFFICE IMAGING MAINTENANCE/USAGE ON KODAK COPIER 5666 38098 DRUG ALTERNATIVE PROGRAM LAWN/YARD MAINTENANCE FOR HOUSES UNDER REHABILITATION 32000 38101 LEE ANN GARCIA STIPENDS FOR MAY, 1997 150.00 38104 CITY OF GRAND TERRACE WASTE WATER DISPOSAL SERVICES FOR HOUSES UNDER REHABILITATION 6432 38107 HERMAN HILKEY STIPENDS FOR MAY, 1997 15000 38114 BYRON MATTESON STIPENDS FOR MAY, 1997 15000 38128 JAMES SINGLEY STIPENDS FOR MAY, 1997 16000 38129 SOUTHERN CA EDISON COMPANY ELECTRIC FOR HOUSES UNDER REHABILITATION AND THE REHABILITATION BUILDING 10022 PAGE 1 PENDIII "ofY — — --- -- — — — -CITY-OF GRAND -TERRACE — COUNCIL APPROVAL --- DATE: MAY 22, 1997 _ _ _ _ _ CHECK REGISTER NO: OUTSTANDING DEMANDS AS OF- MAY 22,1997 CHECK NO. VENDOR DESCRIPTION P11819 MARGARET AYARS PAYROLL ADVANCE, 5/2/97 P11820 TONYA NELSON REIMBURSEMENT FOR CONFERENCE P11821 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/2/97 P11822 COMCAST CABLEVISION CASH PAYMENTS FOR 5/2/97 P11823 LAUREN RAYBURN UNDERPAYMENT ON PAYROLL 5/2/97 P11825 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/6/97 P11826 COMCAST CABLEVISION CASH PAYMENTS FOR 5/6/97 P11827 POSTMASTER-COLTON POSTAGE FOR MACHINE P11828 DAVID WASDEN INC RETENTION, STORM DRAIN REPLACEMENT AND SEWER CLOG REPAIRS (REPLACE CHECK LOST IN MAIL) P11829 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/8/97 P11830 COMCAST CABLEVISION CASH PAYMENTS FOR 5/8/97 P11831 RICHARD ROLLINS OPEN/CLOSE AND MAINTENANCE FOR R ROLLINS PARK, APRIL, 1997 n P11832 SCHOLASTIC BOOK FAIRS CHILD CARE FUND RAISER C P11833 BERGEVIN'S CLEANING SERVICE JANITORIAL SERVICES, BUILDING & SAFETY BUILDING(REPLACE n CHECK LOST IN MAIL) r P11834 STATE COMPENSATION INSURANCE FUND WORKERS' COMPENSATION INSURANCE, APRIL, 1997 P11835 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/13/97 P11836 COMCAST CABLEVISION CASH PAYMENTS FOR 5/13/97 P11838 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 5/14/97 P11839 COMCAST CABLEVISION CASH PAYMENTS FOR 5/14/97 P11840 COUNTY OF SAN BERNARDINO FISH & GAME FILING FEES 38079 ACCENT PRINT & DESIGN PRINT BUDGET SUPPLIES t 38080 ADDINGTON CONSULTING ENGINEERING SERVICES FOR APRIL, 1997 38081 MATTHEW ADDINGTON PLANNING COMMISSION MEETING, 5/1/97 052297 1,14502 12158 22488 7290 11384 51728 23631 2,00000 10,032 03 7167 5684 38000 1,14409 6000 1,62413 28001 23718 9658 10613 7000 20592 2,06000 5000 PAGE 3 CITY OF GRAND TERRACE DATE MAY 22, 1997 CHECK REGISTER NO: 052297 C OUTSTANDING DEMANDS AS OF. MAY 22, 1997 CHECK NO _ VENDOR DESCRIPTION AMOUNT 38112 LEROY'S LANDSCAPE SERVICE LANDSCAPE SERVICES FOR TERRACE PINES, MAY, 1997 20000 38113 LUCENT TECHNOLOGIES PHONE MAINTENANCE, CIVIC CENTER 95081 38114 BYRON MATTESON STIPENDS FOR MAY, 1997 30000 38115 K G MILLER SHELVING IN BUILDING AND SAFETY BUILDING 17000 38116 MICHAEL MULLINS REIMBURSEMENT FOR WORK BOOTS 14183 38117 PAGENET AIR TIME/MAINTENANCE ON PAGER 1150 38118 PALOS SPORTS INC RECREATION EQUIPMENT 1,95085 38119 PHOTO ID PRODUCTS LAMINATING SHEETS 5670 38120 KATHY PIERSON INSTRUCTOR, TINY TUMBLER/GYMNASTICS 77417 38121 BUD RICKERT'S ART CENTER SUPPLIES FOR GRAND TERRACE DAYS 29712 38122 ROBLEE'S CARPET SERVICE CLEAN CARPET AT CIVIC CENTER 73000 83123 COUNTY OF SAN BERNARDINO FUEL FOR CHILD CARE VAN 3708 38124 COUNTY OF SAN BERNARDINO DUMPING CHARGES FOR 3/19-4/9/97 55737 38125 COUNTY OF SAN BERNARDINO LAST QUARTER,NPDES AGREEMENT 87500 38126 SIGNAL MAINTENANCE MAINTENANCE ON SIGNAL FOR APRIL, 1997 AND REPAIRS/ REMOVE AND REPLACE POLE 1,45897 38127 JIM SIMS PLANNING COMMISSION MEETING, 5/1/97 5000 38128 JAMES SINGLEY STIPENDS FOR MAY, 1997 30000 38129 SOUTHERN CA EDISON COMPANY ELECTRIC FOR CITY OWNED FACILITIES, STREET LIGHTS, MERIDIANS, PARKS, AND SIGNALS 9,80836 38130 SOUTHERN CA GAS COMPANY GAS FOR CITY OWNED FACILITIES 23841 38131 STAPLES OFFICE SUPPLIES 99243 38132 SYSCO FOOD FOR CHILD CARE 67823 38133 TAB PRODUCTS COMPANY OFFICE SUPPLIES 1860 38134 MICHAEL TODD OPEN/CLOSE PICO PARK, APRIL, 1997 17500 CITY OF GRAND TERRACE PENDING CITY CITY COUNCIL MINUTES COUNCIL APPROVAL REGULAR COUNCEL MEETING - MAY 89 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, California, on May 8, 1997 at 6.00 p m i � PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Jun Smgley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Patrma Materassi, Community Development Director Virgil Barham, Building and Safety Director John Harper, City Attorney Lt Mike Howell, Shenff s Department 1 ABSENT: None The meeting was opened with invocation by Dr Paul Reed, Terrace Crest Baptist Church, followed by the Pledge of Allegiance led by Councilmember Jun Smgley I SPECIAL PRESENTATIONS 2A Proclamation - Water Awareness Month - May 1997 Councilmember Garcia read a proclamation proclwmmg the month of May 1997 as Water Awareness Month in the City of Grand Terrace urging all citizens to be responsible water users and protectors Mayor Pro Tern Buchanan presented the proclamation to Gene McMeans from Riverside Highland Water Company 2B Present Terrace View Water Awareness Poster Contest Awards Maryetta Ferre', Principal from Terrace View Elementary School announced that the students at Terrace View Elementary School participated in a poster contest "Water 101 Uses - Protect Every Drop" as a part of the partnership between Riverside Highland Water Company and Terrace View Elementary Four posters from each classroom were turned in and judged resulting in first and second place winners for each grade level Riverside Highland Water Company presented each of the winners with a plaque at a special assembly She introduced the winners of the poster contest and announced that a sweepstakes winner was selected and received a $100 00 savings bond all made possible by Riverside Highland Water Company CONSENT CALENDAR COUNCIL AGENDA ITEM # ju Council Minutes May 8, 1997 Page 3 MATTESON, CARRIED 5-0, to accept the April 7, 1997 Minutes of the Historical and Cultural Activities Committee i 5B Council Reports i Mayor Matteson, reported that he is glad to be back and stated that during Ins absence he kept up with City business by watching the Council Meetings on the Community Access Channel Mayor Pro Tern Buchanan, reported that the County Board of Supervisors with regards j to the consolidation of CSA 38 approved to conduct a limited analysis of the County's Fire Department proposal for consolidation They rejected a suggestion that CDF be allowed to submit a competitive bid for consolidation He stated that it seems pretty clear that regardless to the amount of money it will cost County taxpayers the Board of i Supervisors collectively have no intention of considering anything other than a County run operation under their direct control and authority He feels that this is a decision that will cost the County of San Bernardino millions and millions of dollars on an annual basis short term and long term One of the Supervisors recommended that the cities that are against the County taking over their fire protection look into taking over the control of CSA 38 or some portion thereof City Manager Schwab, felt that it was a challenge that the cities take over CSA 38, he stated that potentially it makes sense It would be his suggestion to form a Joint Powers Authority that would take over the entire CSA 38 Councilmember Hilkev, he questioned whether CDF would be willing to help the cities in the formation or reformation of CSA 38 City Manager Schwab, responded that he feels that they could possibly be in a position to help and have offerred to help the City in its efforts Councilmember Hilkev, reported that Bert's Jewelry store has been doing a fantastic job of advertising and urged everyone to stop by He urged the residents to take advantage of the services that OMNITRANS provides to the City of Grand Terrace Councilmember Smgley, expressed Ins dissatisfaction with the decision of the San Bernardino County Board of Supervisors with regards to the consolidation of CSA 38 and supports City Manager Schwab's efforts He reported that SANBAG just voted to spend 12 million dollars to move a house that has been designated as a National Monument out of the right-of-way from the construction of the 1215 freeway in Rancho Cucamonga and feels that it is a ridiculous way to spend tax dollars Councilmember Garcia, welcomed Mayor Matteson back She reported that the General Plan Task Force gave their presentation to the Planning Commission on May 1, 1997 and thanked the Press Enterprise and the Sun Telegram for getting the information on the General Plan out to the community She attended the Fine Arts Show and commended the Historical and Cultural Activities Committee on an outstanding job She urged i Council Mmutes May 8, 1997 Page 5 Matthew Addm on, CM Engineering Associates Inc , 225 E Airport Drive, San Bernardino, stated that he is the applicants engineer and planner and supports the project as their representative and a resident of the community Councdmember Hilkey , questioned whether the discussion for environmental evaluation was the same as EIR Commum1y Development Director Materassi, responded in the negative and stated that they did not need to do an environmental impact report Councilmember Hilkey, questioned the purpose of the discussion for the environmental evaluation Community Development Director Materassi, responded to evaluate the Zone Change and the General Pan and what the changes could do to the environment Councilmember Hilkev, questioned who did the report Community Development Director Materassi, responded the planning staff did the report Debra Stottlemyer, Chairman of the Azure Hills Elementary School Board, stated that she is very anxious to move forward with this project She supports this project and encouraged the Council to vote in favor of it Mayor Matteson, questioned whether it would come back to Council when they build extensions onto their school Community Development Director Materassi, stated that it would go to the Planning Commission only Mayor Matteson, questioned if all of the residents surrounding the project have been notified Community Development Director Materassi, responded in the affirmative Mayor Pro Tern Buchanan returned discussion to Council CC-97-45 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-0-1 (COUNCELMEMBER SINGLEY ABSTAINED), to approve the first reading 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 Council Mmutes May 8, 1997 Page 7 Barbara Pfennihg ausen, stated that she is very impressed with what she has heard and seen with regard to the General Plan and is glad that the City for the first time has worked on the General Plan without a consultant and feels that it will be successful She commended staff on doing a very good job NEW BUSINESS 8A Special Purpose Consulting Agreement to Research PERS Employer Surplus Available i CC-9747 MOTION BY COUNCn,1Vil~MRER GARCIA, SECOND BY MAYOR MATTESON, CARRIED 5-0, to approve the Professional Services Agreement with Municipal Resource Consultants � ORDER OF ADJOURNMEM Mayor Pro Tem Buchanan adjourned the City Council Meeting at 7 40 p m , until the next Special CRA/City Council Meeting which is scheduled to be held on Wednesday, May 21 1997 at600pm CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace u COUNCIL ITEM (XX ) Community Services Department Staff Report MEETING DATE May 22, 1997 SUBJECT TRAFFIC SIGNAL MAINTENANCE AGREEMENT PEEK TRAFFIC FUNDING REQUIRED AS PART OF BUDGET XX DISCUSSION: The City of Grand Terrace, for the past fifteen years, has contracted with a private signal maintenance company (Signal Maintenance- now PEEK Traffic) for the maintenance of each of the City's four traffic signals The current agreement is due to expire in June Generally the services provided include the following elements 1 Routine and Preventative maintenance of signal lights, housings, poles and electrical systems 2 Emergency response to outages and traffic accidents which may result in a loss of service 3 Installation of traffic loops and signal preemption devices which may be needed Staff has received a proposal from PEEK Traffic to renew the existing agreement with no increase in costs In a review of the performance by PEEK, the overall evaluation of staff is that their rates are competitive with the industry, services and quality are outstanding and their emergency response ability is outstanding For these reasons, staff is recommending and requesting authorization to proceed with a renewal of the existing agreement RECOMMENDATION: That the City Council authorized the Assistant City Manager to renew the Traffic Signal Maintenance Agreement for a two year period with PEEK Traffic ATTACHMENTS: Correspondence and Agreement- PEEK Traffic COUNCIL AGENDA!71�!& MAY 121997 A Peek company Signal Maintenance Inc 2283 Via Burton St Anaheim California 92806 Telephone (714) 563-4000 Facsimile (714) 563-3178 May 8, 1997 Mr John Donlevy CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, CA 92313-5295 %IMVI SIGNAL MAINTENANCE INC RE. DESCRIPTION OF SERVICES IN MAINTENANCE AGREEMENT Dear Mr Donlevy, The other day, you requested I send you some information about the services that are normally included in routine maintenance for which you pay a monthly per intersection fee To best answer this request, I have enclosed three documents which will pretty well spell out what we do for you Fist is our "COMPANY QUALIFICATIONS and QUALITY CONTROL PROGRAM " This document will tell you about our history and qualifications as a company as well as the training and management of our field personnel i Second, is a copy of our "Standard" Agreement for Traffic Signal Maintenance You will note there are some blanks which would normally be filled in to complete the contract document In addition, the Exhibits "A", "B", & "C" are not included as they are different for each city But you can see the basic responsibilities of the Contractor and the City Thud, is a standard Monthly Preventive Maintenance Checklist which we call a "PMCK" for PM Check Tlus checklist spells out for the technician all the items he is to check at each intersection each month On your monthly invoice you should see a PMCK for every mtersection each month It is our way to keep track of what is going on at each intersection with the aim of catching and correcting problems before they develop into "catastrophes," I hope this letter fills in a few of the gaps If there is any item you would like to know more fabout, do not hesitate to call You can also view our Corporate Web Page at HTTP //WWW PEEK TRAFFIC COM, which will let you learn about some of our sister companies in the PEEK family Very truly yours, PEEK TRAFFIC - SIGNAL MAINTENANCE, INC &K-a'x�— � Chris Peterson Special Projects Coordinator THIRD The Contractor agrees to inspect, clean, adjust and make a routine inspection of each control unit once per month The Contractor agrees that he will maintain a record in each controller cabinet showing date and time checked Controller units shall not be replaced, except temporarily for repair, without prior approval of the City j FOURTH Contractor agrees to replace or repair any and all defective or worn out L ; parts in the signal system which cause a signal failure or malfunction as the occasion arises j l FIFTH Contractor agrees to replace all lamps inall traffic signals annually Contractor agrees to use only standard traffic signal lamps as manufactured by General j Electric Company or Sylvania Company or another City approved manufacturer SIXTH Contractor agrees to clean, polish and inspect all lenses and reflectors at the time the traffic signals are relamped At this time, all broken or deteriorated parts will be replaced or changed as necessary SEVENTH Contractor agrees to maintain a 24-hour per day emergency service for repairs necessitated by obsolescence or accidental damage, such as collision, acts of God, and vandalism and shall respond to emergency calls in a time not to exceed two (2) hours unless weather, traffic and/or natural disaster conditions prevent him from doing so The replacement of burned -out lamps need not be on an emergency basis provided there are at least two indications still operative for each direction of travel In such case, replacement shall be handled as soon as possible in a routine manner EIGHTH Contractor agrees to provide the same service for the repair of other equipment and appurtenances, such as safety lighting, street name signs, street lighting, pedestrian signals, flashing beacons and detector devices which the Contractor may be called upon from time to time by the City to repair, replace or refurbish 2 ELEVENTH This contract shall extend for a period of five (5) years from the date hereof However, either party in its discretion shall have the right to terminate at any time sooner by giving sixty (60) days advance written notice TWELFTH If the Contractor should neglect to prosecute the work properly, or fail to perform any provisions of this contract, the City, after three (3) days written notice to the Contractor, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the Contractor THIRTEENTH Except for the manufacturer's factory warranty, the Contractor disclaims all warranties with respect to materials supplied hereunder, and further disclaims any and all liability for failure to perform or delay in performance hereunder where the same is due in whole or in part to any cause beyond Contractor's reasonable control, such as, but not limited to, fire, flood, earthquake, lightning, strike or other labor difficulty FOURTEENTH Contractor shall not be liable for damages arising out of mJury to person or damage to property of a customer or any third party, unless the same was due to Contractor's fault or neglect Further, Contractor shall not be held responsible for any defects in equipment software programs and shall be compensated as defined under Section NINTH (b) for any costs incurred for replacement or reprogramming of same (a) City further agrees to indemnify, to the extent authorized by law, and save free and harmless Contractor against negligent acts or omissions caused by City, its agents or employees, and any costs and expenses incurred by the respective parties on account of any claim therefor Contractor agrees to indemnify and save free and harmless City and its authorized representatives and employees against negligent acts or omissions caused by Contractor, his agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor (b) It is agreed by the parties that this indemnify agreement is not limited in any way by the extent of any policy of insurance currently in force and held by either party Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages to persons or property resulting from his operations or any operations of any subcontractors under him U 'PEEK A Peek company Signal Maintenance Inc 2283 Via Burton St Anaheim California 92806 Telephone (714) 563-4000 Facsimile (714) 563-3178 „JM"I SIGNAL MAINTENANCE INC Signal Maintenance, Inc COMPANY QUALIFICATIONS and QUALITY CONTROL PROGRAM HISTORY Signal Maintenance, Inc , has been engaged in the business of traffic signal maintenance and repair, under it's present name, for over 24 years Experience in work of a nature similar to that covered in this proposal extends over a period in excess of 32 years Constructing, maintaining, repairing and modifying traffic signal systems and equipment, both in the field and in our own plant facilities is our total business, NOT A SIDELINEI Signal Maintenance Inc , is a member of the Peek Traffic, Inc , family of transit related companies We are able to draw upon our 'sister' companies for a variety of goods and services related to the ongoing maintenance and engineering functions of a wide range of traffic control products RELIABILITY The bidder has never failed to satisfactorily complete an awarded contract, be it for maintenance, construction or testing QUALIFIED PERSONNEL All employees that work in the field are Engineering Technicians, Traffic Signalmen, Traffic Technicians or Traffic Uttlitymen, most with IMSA certifications All personnel that work on equipment and projects in -plant are Traffic Signal Technicians; with strong backgrounds in the field of electronics TRAINING To assure quality service to our customers, our 'hands-on" training program is designed for the advancement and improvement or our employees We have adopted the IMSA curriculum and certification program as a part of required training Regular performance evaluations by management staff insures quality workmanship of field personnel INS�NCE Recognizing the importance of quality insurance protection, our coverage is furnished by only A+ rated companies At present, our carver is a California admitted standard lines carver with an A-M Best's rating of A-XV (15) As standard practice and policy, SMI works with its customers to protect against losses and lawsuits arising from traffic signal maintenance claims We have investigators, attorneys and traffic engineering experts available to handle any case that may be filed against a client regarding traffic signals or traffic signal maintenance ROUTINE MAINTENANCE Our monthly routine maintenance procedures have been developed over the years as a result of experience and having to react to the ever changing demands of the continuing evolution of traffic control equipment offered in the marketplace TECHNICAL ASSISTANCE We offer assistance to our customers in understanding the technical aspects of today's 'state of the art' equipment and its proper utilization Our field technicians and leadmen regularly meet with city staff to insure customer needs and concerns are being met. RESPONSE Signal Maintenance, Inc maintains toll free telephone numbers to our dispatchers so that all customers have immediate access to service, 24 hours per day, seven days a week All of our technicians drive 2-way radio equipped vehicles and each technician carves a pager as backup for occasions when he may not be near his radio SMI has its own radio dispatchers who can contact the field personnel immediately and after regular business hours our answering service seamlessly continues the radio/pager dispatch function QUALITY SERVICE Signal Maintenance, Inc knows that customers expect and are entitled to the highest possible quality of service They expect SMI to be there when needed and to respond promptly when called We have been in business for many years and have consistently provided the level of service expected We are very proud of the reputation we have developed as a company that "cares" and that can "do the job " The trust our clients put in our abilities is reflected m the number of clients that choose SNH as their signal maintenance contractor 3 hly Preventive Maintenace Checklist rA INSPECTION DATE. INSPECTED BY MAKE SURE FAN IS CLEAN AND WORKING MAKE SURE CAB LIGHT WORKS MAKE SURE GFI, IF EQUIPPED, WORKS { TIGHTEN ALL CONNECTION IN CAB YEARLY CHECK TIMING TO CHART - IF NO CHART, MAKE ONE FOR REFERENCE CHECK DETECTOR OPERATIONS CLEAN ALL EQUIPMENT, SHELVES, TOP, SIDES, BOTTOM OF CABINET (MONTHLY) REPLACE FILTER(S) YEARLY KEEP CHARTS, PRINTS IN DRY AREA OF CABINET MAKE SURE ALL AREA SPARE EQUIPMENT IS PLAINLY MARKED AND EQUIPMENT PULLED FOR REPAIR IS ALSO ALL CALLS (BUT LAMPOUTS) TO BE NOTED ON CHART SIGN CHART WHEN AT LOCATION PXTRA ORDINARY) FiFT n WORK WALK INTERSECTIONS AND CHECK ALL SIGNALS, PED AND VEHICLE FOR OUTAGES, DAMAGED, MISSING, TURNED, AND OTHERWISE 'NOT NORMAL" CONDITION. f CHECK PED SIGNS FOR VANDALIZED, PAINTED, RUSTED, BENT, MISSING, OBSOLETE OR OTHERWISE ILLEGIBLE - DR AS NEEDED CHECK POLES FOR LEANING, BENT, LOOSE, MISSING HAND HOLE COVERS CHECK ROADWAY FOR CONDITION OF LOOPS CHECK PULLBOX LIDS - BROKEN, MISSING CHECK BACKPLATES - MISSING, BENT, LOOSE a CHECK VISORS - MISSING, BENT, DAMAGED CHECK LENS - MISSING, BROKEN, ANY "WHITE" SHOWING THROUGH REMOVE ALL BIRD NESTS OR OTHER OBSTRUCTIONS CRA ITEM( ) COUNCIL ITEM (X ) FUNDING REQUIRED Community Development Department T"- R'E R1 n i • r F J l MEETING DATE May 22, 1997 NO FUNDING REQUIRED _X_ SUBJECT CUP-96-01/E-96-04, John's Lawnmower Shop "Street Improvement Agreement" RECOMMENDATION Approval of Street Improvement Agreement. PURPOSE The purpose of the "Street Improvement Agreement' is to ensure the eventual installation of off -site street improvements along Barton Road, which include, curb and gutter, drive approach, asphalt pavement between the curb and gutter and existing asphalt, and the relocation of two (2) telephone poles This is an unusual agreement, however, one that prevents setting a precedent whereby property owners can occupy properties for a long period of time without bring the property up to code and/or installing off -site street improvements This agreement set a minimum of participation from the applicant BACKGROUND On May 1, 1997, the Planning Commission approved a five (5) year Expiration Conditional Use Permit (CUP-96-01/E-96-04) for the operation of small engine repair, sales of landscaping equipment, and rental of U-Haul vehicles The owners of John's Lawnmower Shop, John and Lon Owen, purchased the business from Fritz Lawnmower Shop on January 12, 1995 Along with that purchase they incurred the conditions of approval for a temporary (or expiration) Conditional Use Permit (CUP- 93-03), which expired on Al2n122, 1996 One of the previous conditions included the installation of street improvements along Barton Road, which the applicant has not yet installed In February, 1996, John and Lon submitted an application to reapply for a new temporary CUP, which was one of the their available options from the previous conditional use permit in the event street improvements were not installed Per Zoning Code (Section 18 83 090 (B)) no extensions of an Expiration CUP are permitted If the applicant desires to continue operation of the project after expiration, the applicant shall be required to file a new application for a Conditional Use Permit Since the incompleteness letter was mailed to the applicant on March 5, 1996, the Community Development Department, along with the property owner, and the applicant attempted to resolve pending issues, specifically, off -site street improvements The development of an interest beanng Trust Account was the only resolution agreed to by all parties including John Harper, City Attorney, to ensure the eventual installation of off -site improvements The Planning Commission also approved this draft Street Improvement Agreement as part of the CUP approval on May 1, 1997 Please refer to Exhibit 1, entitled "Street Improvement Agreement" for content Please note that the total estimated off -site street improvements are $40,000 00 For more detailed information, please find the Planning Commission report dated May 1, 1997 (Exhibit - 2), and Planning Commission Minutes (Exhibit - 3) 22795 Barton Road - Grand Terrace, California 92313-59MAWMA MM !,F STREET IMPROVEMENT AGREEMENT WHEREAS, Dr Terry Mc Duffee here in after "Property Owner," is the owner of certain real property located at 21893 Barton Road within the City of Grand Terrace and more particularly described as assessor's parcel numbers 277-083-06 (the "Property"), and i WHEREAS, John W Owen is the owner of John's Lawnmower Shop located on the Property, was granted a Conditional Use Permit (CUP-96-01) to operate said Lawnmower Shop and U-Haul rental Store on said Property, and WHEREAS, a condition of said CUP-96-01 was the execution of an agreement with the City of Grand Terrace providing for funds for the ultimate construction of street improvements on Barton Road, and WHEREAS, Property Owner has agreed to provide said funds subject to certain conditions NOW THEREFORE, it is hereby agreed as follows 1 The foregoing recitals are true and correct 2 Upon the constructions of permanent improvement by John Owen on the Property, Property Owner agrees to provide street unprovements funds subject to the following conditions Section 1 Conditions. A Property Owner shall deposit $2,000 00 per year into a Trust Account established and held by the City of Grand Terrace This deposit shall be made on or prior to July 22nd of each year, commencing on July 22, 1997 The Trust Funds shall be used for the installation of street improvements along Barton Road which include, curb and gutter, drive approach, asphalt pavement between the curb and gutter and existing asphalt, and the relocation of two (2) telephone poles The Trust Funds shall be deposited in said account until the account reaches $20,000 00 The Property Owner shall not be required to deposit additional funds upon the balance reaching $20,000 00 or the actual cost of improvements The City of Grand Terrace has the right to use funds accumulated at any time for the installation of street improvements on Property B Under no circumstance shall the subject Trust Fund be refunded to the Property Owner other than for the installation of street improvements by the Property Owner as approved by the City of Grand Terrace This condition of no refund applies whether or not John Owen continues to operate at the site, or whether the CUP is modified or revoked C In the event Property Owner fails to deposit funds into the Trust Fund on or prior to established deadline, the subject Conditional Use Permit (CUP-96-01, E-96-04) shall become null and void Property Owner and John Owen specifically waive any right to hearing on such revocation, except to the issue of whether the funds have been paid Any request for hearing must be made within 30 days of notice of revocation Mc Duffee Agreement EXHIBIT I - "Street Improvement Agreement" Community Development Department TO: Planning Commission FROM: Community Development Department DATE: May 1, 1997 SUBJECT: CUP-96-01/E-96-04, an application for a Expiration Conditional Use Permit (3 Year Term Perwd) and Environmental Review to operate a Lawnmower Shop located in the General Business District (C2). APPLICANT: John's Lawnmower Shop LOCATION: 21893 Barton Road, Grand Terrace, CA 92313 RECOMMENDATION: Approval subject to conditions $��*��&�►��"rv$*6►v�Z►a►4:S*vr�veyv��a►v�r�i►�i�t+�*�ao'►+l►�fi* ENVIRONMENTAL REVIEW: It has been determined by staff that this project requires a Negative Declaration and it is attached as Attachment D ZONING AND LAND USE: The project is located in the C2 - General Busmess District The zoning for the properties located to the unmediate east, south, west, and north east is C2 The La Crosse Street Right -of -Way and I- 215 Freeway abuts the east property line, and to the north the Barton Road Right -of -Way and the Demitris Restaurant commercial center The General Plan land use designates the subject property and surrounding properties as GC - General Commercial (refer to Attachment E) The General Plan discourages conversion of residential units to commercial uses and should be prevented whenever possible (General Plan-VI-9, Community Development Element) 1 ./ H-b- -0tom May 1, 1997 Planning Commission i 22795 Barton Road • Grand Terrace, California 92313-5295 : Staff Report L� requirement and that administrative review is restricted The expansion and changes restricted to additional parking and improvements to vehicular circulation could be approved by the Community Development Department provided expansion or said changes do not exceed 60% of currently used parking lot area. Hours of Operation The proposed hours of operation are (both landscape and rental portion) 7 00 A M- 7 00 P M Monday- Friday 7 00 A M - 7 00 P M Saturday and Sunday (future plans) Truck Volume and Trip Generation: The applicant has indicated that 20 customers a day visit the site, and 9 00-2 00 P M is the busiest time of the day. Once a week a delivery will be made by a UPS truck This project will not generate traffic that exceeds the SANBAG CMP TIA threshold of 250 peak hour trips They are not required to have a TIA report be done per CUT guidelines Using the South Coast Air Quality Management Districts Trip Reduction Ordinance Handbook, and Trip General Book (ITE, Institute of Transportation Engineers-1991), it was determined that the use generated 47 average daily trips (two way trips) In addition, an average of one (1) UPS delivery of small engine parts and products to the proposed site is planned for the use The applicant is proposing two (2) employees, and based on current activity at the existing site John's Lawnmower Shop, has estimated that 20 customers will be visiting the location daily at different times The busiest customer hours are from 9 00 - 2 00 P.M Parlung: The existing site contains a gravel covered parking area with no delineated parking spaces, but contains adequate space for 18 parking spaces The amount needed per the City' Zoning Code Section 18 60 030(B)(3)(n)(r) is approximately seven (7) parking spaces (Retail = 1 parking space for every 200 square feet of gross floor area, and Motor Vehicle rental = 1 parking space for every 400 square feet of gross floor area) The applicant presently utilizes 10 parking spaces for the storage and display of U-Haul rental trucks winch leaves 8 parking spaces for customers and employees Parking space is adequate for proposed use Required parking lot landscaping is adequate (please refer to Exhibit 1 - Plot Plan) Off -site Street Improvements: The applicant has not yet installed off -site street unprovements as required per previous temporary CUP (CUP-93-01) However, Staff and the property owner have agreed to the following unplementation plan to ensure muumum street improvements are eventually 3 shall become null and void Should a new tenant lease the Property prior to the expiration of 180 days, funds are required to be deposited on a prorated basis starting on the date the new tenant leases the Property to the end of the calender year Reviewmg Agency Comments: The following responses have been received from the City's Reviewing Agencies Building and Safet 2ublic Works Building and Safety Memorandum dated March 10 1997 (refer to Attachment - A) All street improvements associated with project to be installed as noted in conditions of approval Please note that the Trust Fund Agreement over-ndes the time limiting condition (item B) mentioned in the Building and Safety memo The property owner has dedicated ROW on Barton Road and La Crosse, although the property owner still must dedicate two (2) feet on Barton Road when existing house fronting on Barton Road is removed California Department of Forestry and Fire Protection The California Department of Forestry and Fine Protection letter to the City dated January 31, 1993 The CDF and Fire requested to use conditions approved in 1993 as valid requirements (refer to Attachment - B) Please note that the application in 1993 illustrated a future plan for a New Animal Hospital and Retail Shops, and Fire Conditioned accordingly To date, John's Lawnmower Shop complies with the requirements of CDF ISSUES UNRESOLVED: Director's Note This section of the report is to request Planning Commission mput/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 are the facts which underlined staff resolutions through the development review process, and try as much as possible to compliment the process ISSUE: Period for Temporary CUP: 3 or 5 years. The Community Development Department is requesting approval of a Temporary Conditional Use Permit with a duration of three (3) years with the special condition for a Trust Fund Account in the amount of $2,000 00 a year to ensure the installation of street improvements (as mentioned in the off-street improvement section of this report) While the applicant has accepted the Trust Fund Account Condition, there is an impasse concerning the term of the CUP Unfortunately, due to the tune laps of one year since the application has been submitted, and John's Lawnmower Shop eagerness to continue its business operation with some sense of stability, Staff felt it would best serve everyones interest to allow the Planning Commission discretion concerning the term of the CUP 5 A Property Owner shall deposit $2,000 00 per year into a Trust Account established and held by the City of Grand Terrace This deposit shall be made on or prior to May 30th of each year, commencing on May 30,1997 The Trust Funds shall be used for the installation of street improvements along Barton Road which include, curb and gutter, drive approach, pave 1 back, and the relocation of two (2) telephone poles The Trust Funds shall be deposited in said account until the account reaches $20,000 00 The Property Owner shall not be required to deposit additional funds upon the balance reaching $20,000 00 or the actual cost of improvements The City of Grand Terrace has the right to use funds accumulated at any time for the installation of street improvements on Property B Under no circumstance shall the subject Trust Fund be refunded to the Property Owner other than for the installation of street improvements by the { Property Owner as approved by the City of Grand Terrace This condition of no refund applies whether or not John Owen continues to operate at the site, or whether the CUP is modified or revoked C In the event Property Owner fails to deposit funds into the Trust Fund on or prior to established deadline, the subject Conditional Use Permit (CUP-96- 01, E-96-04) shall become null and void Property Owner and John Owen specifically waive any right to hearing on such revocation, except to the issue of whether the funds have been paid Any request for hearing must be made within 10 days of notice of revocation D Any other uses proposed on the Property other than pursuant to CUP-96-01, may cause tins agreement to be modified as a condition of the approval of such use Upon incorporation of additional uses or changes to the existing CUP-96-01, winch require Planning Commission approval, the following revisions to this agreement may include but are not lmuted to 1 Installation of required street unprovements, and 2 Increased Trust Funds to be deposited into established account E In the event that the property becomes vacant in excess of 180 days, funds shall not be required to be deposited In the event the property is vacant for longer than 180 days, the use will be deemed abandoned and the CUP-96-01 shall become null and void Should a new tenant lease the Property prior to the expiration of 180 days, funds are required to be deposited on a prorated basis starting on the date the new tenant leases the Property to the end of the calender year 7 1\ The Community Development Department recommends the Grand Terrace Planning Commission adopt the attached Resolution (Attachment C), approving CUP-96-01 and E-96-01, subject to conditions of approval contained in this report associated with one of the following term options 1) Approval of a three (3) year CUP with conditions (Option recommended by the Community Development Department), or 2) Approval of a five (5) year CUP with conditions (Option recommended by the applicant John's Lawnmower Shop and Dr McDuffee) j Respectfully submitted by LVff y A ez, Associate Planner Approved by, PaTxma Materassi, Community Development Director Attachments A - Building and Safety Memorandum B - California Department of Forestry and Fire Protection letter C - Resolution D- Negative Declaration E - Zoning District Map ..E xt.-----11P-lot-plaQ->-- PM LM lm c \wp61\ \plammng\cup\cup9601 pc 9 3 Construct standard sidewalk along the frontages of the parcel 4 Install all existing and proposed facilities along the frontage underground to include Southern California Edison, Telephone and Cable T V 5 Install ornamental street lights 6 Provide adequate drainage facilities 7 Submit title report 8 Perform and file with the County of San Bernardino, Record of Survey on the parcel 9 Provide site plan showing location of all facilities existing and proposed. 10 Provide grading plan for the site 11 Pay applicable capital improvement fund fees 12 Pay applicable school fees 13 Comply with City Ordinances 14 All improvements to be designed by owner's civil engineer to the specifications of the City B The following recommendations should be considered as time lmtmg conditions of approval for the above proposal 1. WITHIN 2 YEARS OF APPROVAL DATE Barton Road a Construct standard curb and gutter 36 feet from street centerline b Construct standard roadway between new curb and street centerline (TI=9) i% —% „ --- k. ctloa Plannioa 6orAco• 1 3a6 fawhjodAvenut. Picot Floor A.- --a. ..A .... `sit nt Cgatot no, CA 91416-0186 Department following CONDITIONS 1993 I'rev.anJ conditions FOLLOWING CONDITIONS SHALL BE COMPLRTRD PRIOR TO RbATION OF THE FINAL MAP R !F-1. Private road maintenance, including but not limited to grading and snow removal, shall be provided. Written documentation shall be submitted to the fire department having jurisdiction. Private fire access road& shall provide anlall weather surface with a minimum paving width of twenty (20) feet. R water systems designed to meet the required fire flow this development shall be approved by the fire me departnt having jurisdiction. J'he "developer shall furnish the fire department with two copies of the water system improvement plan for approval. Water systems shall be operational and approved by the fire department prior to any framinq construction occurring. The required fire flow shall be;determined by the appropriate calculations, using the San Bernardino County "Guide for the determ&agtion ef fire flow." Water systems shall SO; mrnimum eight inches m-a�ns,` six ( 6 )! inch laterals, and s x (6) i ch risers.4 W� �n4.*& j,p �. R F-2A. In areas without water serving utilities, the fire protection water system shall be based on MA 1231 and be' rational prior to framing. All NFPA 1231 systems shall be a minimum 5000 gallons with gravity flow or an approved NFPA 13, 13R, or 13D fire sprinkler system. T PROPERTY SHALL NOT BE OCCUPIED AND/OR USr.D FOR FOR ES APPLIED FOR UNTIL THE FOLLOWING CONDITIONS HAVE BEEN o F8. The street address shall be posted with a minimum of foul (4) inch numbers, visible from the street and during the hours of darkness the numbers shall be low voltage internally electrically illuminated. Posted numbers shall contrast with their background and be legible from the street in accordance with the uniform Fire Code. Where building setbacks exceed one hundred (100) feet from the roadway, additional contrasting four (4) inch numbers shall be displayed at the pr arty access. O F8A Prior to final* inspection, Commercial or industrial Bu nas shall post street address with a minimum of eight (8); Inch numbers. visible from the street and during the hours of darkness they shall be electrically illuminated. Where building set back exceed 100 feet from from roadway additional non -illuminated contrasting six (6) inch numbers shall be displayed at property access entrance. i O F9. Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester, visible from the around, and as identified in the Uniform Fir' Code. o 19. The development and each phase thereof shall have two (2)1points of vehicular access for fire and other emergency equipment, and for routes of escape which will safely handle evacuations as required by the development code. O Fi Private roadways which exceed one -hundred fifty (. feet in length shall be approved by the fire department having jurisdidtion, and shall be extended to within one - hundred fifty (150) feet of, and shall gi,•a reasonable access ` to all portions of the exterior walls of the first story of anyl building. An access road shall be provided within fifty (50) feet of all buildings if the natural grade between the access road and the building is in excess of thirty (30) percent. Where the access road cannot be provided, a fire protection system shall be provided as required and approved by the fire department. ill An approved tiro department key box is required. If a tic electric security gates are used, and approved lock switc f is required on each gate in lieu f th key box. 1�u�rr�c tm. Zc4a ' RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING CUP- 96-01/E-96-049 CONDITIONAL USE PERMIT TO OPERATE A REPAIR AND RETAIL SALE OF SMALL ENGINES ASSOCIATED WITH LANDSCAPE MAINTENANCE, SUCH AS LAWNMOWERS, EDGERS, WEED WACKERS, AND LEAF BLOWER, AND THE RENTING OUT OF U-HAUL MOVING EQUIPMENT, SUCH AS TRUCKS, PANELED BOX TRUCKS, BOX TRAILERS, OPEN TRAILERS, AND VEHICLE TOWING EQUIPMENT FOR THE CONVENIENCE TO CUSTOMERS MOVING THEIR PERSONAL ITEMS FROM ONE LOCATION TO ANOTHER (NOT A USED CAR DEALERSHIP), LOCATED IN A CURRENTLY NON- CONFORMING BUILDING AND SURROUNDING LAND ON THE NORTHERLY 85.5 FEET OF A 1.4 ACRE (M/L) LOT IN THE GENERAL BUSINESS DISTRICT (GC) AT 21893 BARTON ROAD, GRAND TERRACE, CA. WHEREAS, the applicants, John W Owen, owner of John's Lawnmower Shop, applied for a Conditional Use Permit, to operate a lawnmower repair shop and U-Haul rental jbusiness located in the General Commercial (GC) District, and WHEREAS, the proposed use is classified as "Automotive related services - Rentals" permitted with a CUP, per Zoning Code Section 18 33 030, Al of the Grand Terrace Zoning Code, and "Nurseries and Garden Supply Stores" permitted, per Zoning Code Section 18 33 020, DD of the Grand Terrace Zoning Code with in the General Commercial District, and WHEREAS, this project requires a Negative Declaration under the California Environmental Quality Act and is attached as Exhibit 1, and WHEREAS, a properly noticed negative declaration has been prepared for this protect, and WHEREAS, a properly noticed public hearing was held by the Planning Commission on May 1, 1997, to hear this application, and WHEREAS, the Planning Commission approved CUP-96-01 and E-96-04, and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace that the following findings have been made in accordance with the approval of CUP-96-01/E-96-04 Attachment C - Resolution Funds shall be deposited in said account until the account reaches $20,000 00 The Property Owner shall not be required to deposit additional funds upon the balance reaching $20,000 00 or the actual cost of improvements The City of Grand Terrace has the right to use funds accumulated at any tune for the installation of street improvements on Property B Under no circumstance shall the subject Trust Fund be refunded to the Property owner other than for the installation of street improvements by the Property Owner as approved by the City of Grand Terrace This condition of no refund applies whether or not John Owen continues to operate at the site, or whether the CUP is modified or revoked In the event Property Owner fails to deposit fiords into the Trust Fund on or prior to established deadline, the subject Conditional Use Permit (CUP-96-01, E-96-04) shall become null and void. Property Owner and John Owen specifically waive any right to hearing on such revocation, except to the issue of whether the fiords have been paid. Any request for hearing must be made within 10 days of notice of revocation D Any other uses proposed on the Property other than pursuant to CUP-96-01, may cause this agreement to be modified as a condition of the approval of such use Upon incorporation of additional uses or changes to the existing CUP-96-01, which require Planning Commission approval, the following revisions to this agreement may include but are not limited to Installation of required street unprovements, and Increased Trust Funds to be deposited into estabhshed account. In the event that the property becomes vacant in excess of 180 days, fiords shall not be required to be deposited In the event the property is vacant for longer than 180 days, the use will be deemed abandoned and the CUP-96-01 shall become null and void Should a new tenant lease the Property prior to the expiration of 180 days, fiords are required to be deposited on a prorated basis starting on the date the new tenant leases the Property to the end of the calender year Compliance with all recommendations listed in the Buildmg and Safety/Pubhc Works memorandum to the City dated March 5, 1996 (Attachment - A) Compliance with all recommendations listed in the California Department of Forestry and Fire Protection memorandum to the City dated January 31,1993 (Attachment - B) (* Condition 18, Aesthetics, of the Envu m Initial Study) All aspects of the proposed project including the building and landscapmg/angation shall be maintained in a clean and functional manner in accordance with this approval and the overall goals and objectives of the City of Grand Terrace This condition shall be implemented upon Conditional Use Permit approval, and maintained throughout the life of the project. Any expansion or changes to the use shall be reviewed by the appropriate City Agencies Additional permits or amendments to the Conditional Use Permit approval may be necessary Expansion and changes to the parking and circulation can be approved by the Community Development Department provided expansion is not more than 60% of currently used parking lot area Applicant shall acquire permits prior to the construction and installation of permanent and r c1TI Communuty Development Department Pursuant to the California Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment. DESCRIPTION OF THE PROJECT: CUP-96-01, and E-96-04, and application for an Expiration Conditional Use Permit and Environmental Review of a business which performs small engine repair and sales of landscaping equipment, plus rental of U-Haul vehicles APPLICANT: John W Owen (John's Lawn Mower Shop) LOCATION: 21893 Barton Road, Grand Terrace, CA 92313 FINDING OF NO SIGNIFICANT EFFECTS: Based on the attached Initial Study, there is no substantial evidence that the project will have a significant impact on the environment,. Patnna Materassi Community Development Director City of Grand Terrace lm c \vvp61\. \p1==gknvron1c9W4 nd Date Attachment D - Negative Declaration 22795 Barton Road - Grand Terrace, California 92313-5295 2 Name of Proponent Address/Phone Number of Proponent Date Study Completed for Posting John's Lawn Mover Shop/U-Haul Rental 21893 Barton Road Grand Terrace, CA 92313 (909) 783-2099 and (909) 796-0490 March 5,19% Agency Requiring Initial Study City of Grand Terrace Name of Proposal CUP-96-401E-96-04 a business which performs small engine repair and sales of landscaping equipment, plus rental of U-Haul vehicles Location of Proposal 21893 Barton Road, South West Corner of Barton Road and LaCrosse Ave, Grand Terrace, CA 92313. 0000000000000000000000000000000000000000 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 lawn mower repair shop and U-Haul rental business wig not result or create unstable earth conditions or result in changes to geologic substructures as no alterations to the existing topography Is proposed. The City will use its discretionary authority and place conditions of landscaping, and building practices that reduce any impacts to the environment. All alterations to the site are minor In nature. 2 Air Will the proposal result in a-c Substantial air emissions or deterioration of ambient air quality, creation of objectionable odors, alteration of air movement? No. The lawn mower repair shop and U-Haul rental business will not alter the current air quality or air flow or movement in the region This project will reduce vehicular miles traveled there by reducing air emissions, because the use provides a service that was not available locally prior to the use. The project will provide a service to residents who may otherwise drive longer distance to a similar use but now local residents can walk or ride a bike to the site. Water Will the proposal result in a -I Substantial changes of ciirrents, course, water movements, drainage patterns, flood waters, surface waters, ground waters, public water supplies, or exposure of people or property to flood hazards? No. The lawn mower repair shop and U-Haul rental business will not result or create changes to No. The lawn mower repair shop and U-Haul rental business will not result in the release of hazardous materials or create risk of an explosion as there are no hazardous substances associated with this project in quantities that place surrounding properties, or employees at risk. 11 Population Will the proposal alter the location, distribution, density or growth rate of the human population of an area9 No The lawn mower repair shop and U-Haul rental business will not alter the location or change population of an area as there is no new creation of residential areas 12 Housing Will the proposal affect existing housing or create a demand for additional housmg9 No. The lawn mower repair shop and U-Haul rental business will not create the need for residential developments. 13 Transportation/Circulation Will the proposal result in a-e Generation of substantial additional vehicular movement, effect on existing parking facilities, ,impact on existing systems, alterations to present patterns of circulation or movement of peopletand or goods and services? No. The lawn mower repair shop and U-Haul rental business will not create substantial vehicular movement, effect existing parking facilities and systems, or alter the present patterns of circulation as the use generates minimal parking and traffic. All parking associated with this project will be provided on -site and no off -site parking facilities will be affected. The additional increase in the present patterns of people or goods is insignificant to the patterns already existing in the area and with the proposed use. Increase in traffic hazards to motor vehicles, bicyclists, or pedestnans9 Maybe. The lawn mower repair shop and U-Haul rental business will not directly create hazards to motor vehicles, bicycles, or pedestrians, but the lack of off -site improvements (Le. curbs, gutters, and sidewalks) may impose a hazard in the future when traffic is expected to increase on Barton Road. Although there is no direct nexus between traffic generation and off -site improvements, it 8 Important to note that large container truck traffic from the Stater Bros warehouse facility and other nearby commercial and manufacturing businesses utilize the portion of roadway directly in front of the proposed lawn mower shop and U-Haul rental business. Per the General Plan Circulation Element, the portion of roadway In front of John' Lawn Mover shop requires a 100 foot right-of-way with 72 feet of pavement. The existing unpaved frontage protrudes into the Barton Road right-of- way approximately 14 fat leaving approximately 20 feet of paved area for tree ors when the applicant first applied for a temporary conditional use permit, the o �y o�irier dedicated Barton Road right-of-way to the City of Grand Terrace with the requirement to Install off - site street improvements but were not Installed per the condition. The City of Grand Terrace lacks funding to improve and Install all required street improvements throughout the City, so as a policy those improvement are the burden of the property owner or developer once a property is slated for development. Mitigation Measure As a condition of the temporary conditional use permit, within one year the applicant/property owner will be required to complete and incur all cost associated with the completion of street paving and construction of concrete curb and gutter along the Barton Road portion of the subject property Parties Involved, John's Lawn Mower Shop and U-Haul rental business, 19 1 20 i 21 c \wp61\. I I I I to reduce and control the effects The benefit to the City of Grand Terrace and surrounding communities is greater than the negative impact as it will bring in economic benefits while at the same time controlled to ensure the situation is not worsened thus the limit to the conditional use permit for the use Mitigation Measure The applicant shall maintain adequate parking for customers and rental equipment, as well as maintain landscaping and irrigation Landscaping to be approved by the Community Development Department. Parties involved - John's Lawn Mover Shop and Property Owner, and Community Development Department. Implementation Period Upon Conditional Use Permit approval, and maintained through the life of the project Recreation Will the proposal result in an impact upon the quality or quantity of existing recreational opportumties9 No The lawn mower repair shop and U-Haul rental business will not impact recreational opportunities as there is no connection to existing recreational opportunities. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site9 No The lawn mower repair shop and U-Haul rental business will not involve any physical unprovements or alterations of prehistoric or historic archaeological sites as there are no known sites in the City. 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 sustammg levels, threaten to eliminate a plant or anunal 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 prehistory9 Does the project have the potential to achieve short -tern, to the disadvantage of long-term, environmental goals? Does the project have impacts which are individually limited, but cumulatively considerable'7 Maybe. There are no physical or potential improvements to significantly alter or effect long-term environmental goals. In the long-term, this project will improve the aesthetic and infrastructure levels in the community (Le. landscaping and street improvements). There maybe cumulative impacts in the event the use continues without on and off -site improvements being installed as conditioned, because Barton Road traffic is expected to worsen and presently cars are required to que in a single lane which could potentially back-up for approximately 1,000 feet. \plannmg\Environm\e9604 is GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING MAY 19 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 May 1, 1997 at 7 00 p m by Chairman, Jimmy W Sims 1 PRESENT: Jimmy W Sims, Chairperson Fran Van Gelder, Vice -Chairperson Doug Wilson, Commissioner Moire Huss, Commissioner Matthew Addington, Commissioner Mary Trainor, Commissioner Gerry Ellis, Commissioner Patnzia Materassi, Community Development Dn-ector Larry Mamez, Associate Planner Hally Cappiello, Associate Planner Raul Colunga, Planning Intern Pat Peterson, Community Development Department Secretary * 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. j: � r Lei I r . EXHIBIT 3 - May 1, 1997 Planning Commission Minutes PLANNING COMMISSION MEETING MINUTES PAGE 3 MAY 1,1997 3 CUP-97-01/SA-97-01/DU-97-01/E-97-01 AN APPLICATION FOR CONDITIONAL USE PERMIT, SITE AND ARCHITECTURAL REVIEW, DETERMINATION OF USE AND THE ASSOCIATED ENVIRONMENTAL REVIEW TO BUILD A METAL BUILDING IN A CONTRACTOR'S YARD TO STORE CONSTRUCTION EQUIPMENT, VEHICLES AND MATERIALS. TOM TORRES/TNT CONSTRUCTORS PARCEL NUMBER 277-111-09 PICO STREET, GRAND TERRACE MOTION PCM-97-23 Vice -chairperson Van Gelder made a motion to continue this item, per the request of applicant, to the next Planning Commission meeting on May 15, 1997, due to incompleteness of the application Motion seconded by Commissioner Wilson MOTION VOTE PCM-97-23 Motion carved 7-0-M I TEM#4 CUP-96-01/E-96-04 AN APPLICATION FOR CONDITIONAL 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 Staff report was presented by Associate Planner, Larry Mamez He announced to the Planning Commission that the applicant and property owners were present in the audience. The applications for consideration were for an expirational conditional use permit and an environmental review The application is to continue an existing use which is compatible with the zoning Staff determined a negative declaration was required pursuant to the environmental study performed The zoning of subject property is C-2 and the General Plan designation is General Commercial An overhead slide was displayed showing the surrounding C 2 properties Applicant purchased the business in January, 1995 winch was governed by conditions of a 1993 CUP The 1993 CUP expired in April, 1996 I 'PLANNING COMMISSION MEETING MINUTES PAGE 5 MAY 1,1997 i Chairman Sims asked Director Materassi to clarify the use of the term "expirational CUP " Director Materassi said there are two types of CUP's The first type is a permanent CUP and the other is an expirational CUP with a temporary CUP with an expiration date A permanent CUP could be used m the situation of a life -tune lease, where the applicant has a very large mvestment City would require complete street improvements, parking lot, drainage, gradmg, etc In the case of a temporary CUP the -investment generally would be much less so the conditions would be proportional to the investment by the applicant Commissioner Wilson asked if the $40,000 street improvement estimate contains an escalation clause He noted the 10-year payment plan to generate funds for street improvements is a very long plan He expressed concern that the Barton Rd /LaCrosse intersection is an entry of high visibility for the City and wants to be sure the improvements will be done Director said the City Attorney agrees with the plan as proposed to collect $2,000 per year from Dr McDuffee That amount was formulated as a percentage of rent collected from applicant Commissioner Wilson said he would like to see stronger language to say the CUP is not transferrable to another slmilar business Commissioner Trainor asked staff to verify that if the Planning Commission approved the CUP as proposed by applicant there would be no changes to the nature and scope of business as it is conducted today Director Materassi confirmed the business would be able to operate as it does today Commissioner Trainor also asked staff why there is a recommendation for a 3 year 1 expirational CUP Director Materassi said staff does not wish to create a precedence 7*33 P.M. OPENED PUBLIC HEARING Dr. Terry McDuff'ee - 1478 W. Cypress Ave. Redlands, CA He introduced himself as the property owner He said he feels it is a benefit to the community to have a tenant in property located at the intersection of Barton Rd. and LaCrosse Avenue He originally purchased the property several years ago for future development of his animal emergency clinic, but his plans for that property are now indefinite He has no intention of sellmng the property He said in his opinion it is not feasible to do the extensive off -site improvements required in a permanent CUP The future freeway expansion plans will have significant impact on the subject property He said it is premature to speak about permanent development on the property until the freeway expansion is resolved He said he cannot and will not incur the expenses of off -site improvements at this time The improvements wdl be more than is ,justified by the rental income If the City requires street improvements and undergrounding of utilities at this tune he said the property will again become vacant. _ Dr McDuffee said he appreciates the efforts by City staff to be creative in finding a way to work together to make the improvements on Barton Road He said he is willing to accept the terms of #B of the conditions (anntmal deposit of $2,000 will not be refunded to property PLANNING COMMISSION MEETING MINUTES PAGE 7 MAY 191997 i EMOTION PCM-97-26 Motion made by Commissioner Addington on Attachment B (Fire conditions) to delete Item 3 of Special Conditions as there is no phase 2 MOTION VOTE IPCM-97-26 Motion carved 6-0-0-1 Commissioner Wilson abstained. !MOTION �PCM-97-27 Commissioner Trainor made a motion to set the term of this expirational CUP at 5 years Seconded by Chairman Sims for further discussion i (Vice -chairperson Van Gelder said she has a problem with the idea of setting a precedent if the 5 year term is agreed upon She is agreeable to a 3 year term however Chairman Suns said this is a convoluted intersection, given the unknowns about the character of the freeway widening by CalTrans some time in the future He agrees with Dr McDuffee about the concern of expenses to unprove the intersection, only to have it torn out later He did not have a problem with the proposed 5 year term Commissioner Wilson said this intersection is a major entry point into the City From the financial standpoint if the property owner put in the improvements CalTrans would then have to pay the market value of those improvements at some tune when they were ready to widen the freeway He 'said he did not feel the Planning Commission should base the extension from 3 to 5 years on that issue Commissioner Addington asked Director Materassi to clanfy why staff recommends a 3 yr CUP Director answered that for the sake of consistency with other applicants it should be for 3 years The City Attorney concurs with staffs recommendation for a 3 year CUP term Commissioner Ellis asked if Dr McDuffee would still pay $2,000 per year for 10 years if the City decided to do the street improvements at any time before the end of that 10 years Director answered in the affirmative MOTION VOTE PCM-97-27 Motion carved 5-240-0 Vice -chairperson Van Gelder and Commissioner Wilson voted "DO" PLANNING COMMISSION MEETING MINUTES PAGE 9 MAY 191997 3 Complete data collection, outside contractors for the Housing and Circulation Elements have done the majority of the data collection, 4 General Plan Educational Outreach will continue through the City Council presentation, and 5 Final second phase scopmg presentations to the Planning Commission and City Council. The final step in the General Plan process is to actually draft the twelve elements Director explained the attachments Attachment A - Guiding Principles - The Task Force saw the City of Grand Terrace as an infant (less than 20 years old) compared to our Sister City in Italy which is more than 2300 years old Attachment B - Mission Statement - A "Vision" for 20 years from now Attachment C - Recommendation Summary - the eight major recommendations which focus on changes to improve the assets of the City Attachment D - Graphics & scripts - Used by the Task Force members for their presentations Attachment E - Action Plan - Compilation of all comments made by Task l Force members and were of consensus Director concluded by saying she is looking for input from the Planning Commission and support to take the Recommendations and Action plan forward to the City Council Director Materassi read the 9 Guiding Principles Planning Commissioner Mary Trainor read the Mission Statement or "City Vision" 'Council member Herman Hilkey presented the Summary of the 8 Major Recommendations of the General Plan Task Force IThroughout the following General Plan Task Force presentation staff distributed items to the 'Planning Commissioners to illustrate how an image can be created. Blue Mountain cookies, blue ribbons, GIS map illustrations, a sample of the recent business survey conducted and a watercolor lof the Blue Mountain flower, the lupin, and flower seeds to plant were given out !Council member Lee Ann Garcia presented the "Community Image" as follows I a Identifying & Strengthening the City's Image - Creatmg a symbol for the Community b Tools we can use to Fortify the City's Image Holding more community level events -- - Establishing a business du-ectory c Competition for New Businesses - Marketing Grand Terrace's Best Assets j PLANNING COM31ISSION MEETING MINUTES MAY 191997 PAGE 11 j Task Force member Maryetta Ferre presented major recommendation number sic Family and Children Orientation a Development & Support of Entertainment for Children and Teens - In retail and business park areas i b Continue Emphasis of Parks & Recreation Facilities - Care for existing facilities Support for new facilities c Encourage a High quality Education for Children Use of technology Planning Commission Chauman Jimmy Sums presented major recommendation number 7 Noise, Safety and Infrastructure a Noise Need for a noise study/what can be done to mitigate noise? Maintaining a good neighbor policy Keeping consistency in ordinances and codes j b Emergency Preparedness - Getting emergency information out and holding an emergency drill Implementing a crime prevention plan c Infrastructure Drainage, flood, water, sewer and streets Planning Commi stoner Mary Trainor spoke about the eighth major recommendation Strategic Implementation a Action Plan b Mentor Program i Director Materassi thanked the Task Force for the work they've done during the past three years She asked the Planning Commission to support the recommendations set forth by the Task Force so they may be sent forward to the City Council i The session resumed with questions about the presentation to Director Materassi Commissioner Ellis congratulated staff and the General Plan Task Force on an outstanding job He asked if the term "families" means multi -generational If so, is it important to be more specific (i e regarding senior housing) within the plan Director Materassi answered in the affirmative i PLANNING COMMISSION MEETING MINUTES PAGE 13 MAY 191"7 Respectfully submitted, f 1 Patnzia Materassi Community Development Director 04-23-97 pp c \office\wpwm\wpdocs\plammg\minutes\05-01-97 mm Approved by, Jimmy W Suns Chairperson, Planning Commnission STAFF REPORT CRA ITEM O COUNCIL ITEM (X ) FUNDING REQUIRED Community Development Department MEETING DATE: MAY 22,1997 NO FUNDING REQUIRED X SUBJECT: Geographic Information Systems (GIS) , RECOMMENDATIONS Review for Budget Purposes and File !BACKGROUND The implementation of GIS in Grand Terrace has been in the works since 1994, when SCAG initiated data gathering for their "Access Project" Please refer to SCAG memo dated December 13, 1994, Attachment A The "Access Project" is to provide computer access to electronic maps and information in the demographic, land use and transportation fields to all cities in SCAG junsdiction (GIS software and computer station were provided to the City by SCAG free of charge ) The ultimate purpose is to increase communication, efficiency and quality of long range planning for the Region SANBAG has been the implementation coordinator for this regional project i The SCAG/Grand Terrace "Access Project" contract was signed in early February, 1997 Please note the contract also includes availability of web page software and a free Internet connection until June 30, 1998 Today an Internet connection is available to all City departments along with an E-Mail address grandterrace@eee org Also, a web page is being developed by the Boy Scouts and monitored by the j Community Development Department Please refer to Letter of Agreement, Attachment B First GIS Electronic Lam The Community Development Department has negotiated with the County of San Bernardino for purchase of a parcel data base which is a fundamental tool for the Access/GIS technology to operate What usually takes most cities 3 to 4 years of work to develop and many thousands of dollars, cost Grand Terrace only $2,000 and is basically done With the help from Building and Community Services Departments, the data base was purchased and installed in GIS Work Station No 1, currently the Community Development Director's work station While based on recorded parcel map information and high level of design accuracy, the tabular portion of the data is not completely up to date, thus 22795 Barton Road • Grand Terrace, California 92313-52talqL%8MMA ff EM # I The digital ortho-photographic layer with nine resolutions down to a pixel equals six inches 2 The landbase layer which contains street outlines, building footprints, and contours 3 The cadastral or parcel layer which has the lot dimensions and ownership information 4 Sewer information 5 Storm Drain information 6 The extremely complex Electrical Grid 7 The convoluted Water Network 8 Planning information such as the zoning, land use, general plan, and miscellaneous city-wide coverages In Grand Terrace we have one major data layer thus far, the parcel data base We also have other information, such as census data, street centerlme files and many other pieces of information aggregate at the County level In order to implement any basic applications in planning we need to start the input of a land use major data layer CONCLUSION We hope this report provided you with an introduction to GIS and an update of our implementation process Unfortunately, our volunteer intern will only be able to work 6 hours per week for 4 more months Work Station #2 has Bitsy as a volunteer to input sewer layer information Currently there is no permanent staff with time available to keep a work station in place and update data or input other data layers necessary Funding a part -tune intern is requested in this year's budget We also need training so we may use the GIS/ArcView software to its full potential The SCAG training consisted of only one afternoon for three staff members A GIS Department budget sheet is included in the Preliminary Budget for your consideration In summary, all items requested in the 1997-98 Budget are not for expansion, but for a step-by-step steady implementation of GIS The requests are in order to operate our two existing work stations, connect the stations to utilize the same data base, input data fundamental to basic applications of this technology, and to receive training so permanent staff can access data base during normal work hours to make current processes more efficient Respecfully Submitted, Patnzia Materassi, Director Community Development Department Attachments A - SCAG Memo dated 12/13/94 B - SCAG/Grand Terrace Letter of Agreement dated 3/3/97 C - GIS/Access Project -Network Strategy Update memo dated 2/21/97 D - Highlights of the 3rd Annual California GIS Conference dated 2/27/97 E - Networking Strategy dated 3/7/97 F - GIS-CADME Riverside Cost Benefits C \office\wpwm\wpdocs\plannmg\cc\gis 597 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 1? F C z 1 V ACCESS PROJECT LIAR p D 3 4997 i LETTER OF AGREEMENT This Letter of Agreement (Agreement) is between the Southern Califorina Association of Governments (the Aasociattoo) and each independent city and county (lunsdiction) within the Association's boundaries to canine the successful diatrtbution and implementation of the Association's ACCESS Project The purpose of this Agreement is to delima le what the Aaaociattan will provide to juriadietjona, and what will be requred of jmudictioiss to participate rn the ACCESS Project This agreement is a two year agreement effec&m through June 34, 1998 and may be extended every two yens by mutual consent of the Association and the Jurisdiction The ASSociaaon agrees to the following 1 To provide to the participating junsdictioo a camsputer system to arlude a Pentium drip based CPU, color monitor, ke)twd, and mouse, 2 To provide software application programs that will enable junsdichons to conduct demographic analysis, employment analysis, growth forecasts, lard use analysis, transportation analysis, damage assessments, property identification. and Geographic Information System (GIS) data views. To provide a three year "carry -in' maintenance service on computer system; To provide a minimum of IS digitised geographic data layers for use with the GIS software application, To provide GIS aril Internet training to two desipnaW staff from each jurisdiction at the time of system delivery, to provide a general ACCESS Project ov+erviesv to all jurisdiction staff and elected officials, 6 To provide a baslo World Wide Web home pave, amgh the Assoctadon's Internet server for each jurisdiction The home pace will Inchide the jurisdiction's genmral organization and demographic Information, Mac local junsdkdon agrees to the follawmg I 1 To m Mm `good standing" membership with the Association or remit the animal subscription fee as determined by the Regional Council, 2 To maintain an Internet connection with an online service provider, 13 To appoint a staff represeamve to the subregiond technical advisory committee, and designate a contact person (and alternate) to coordinau computer installation and receiving llnure ACCESS Project technical information, 4 That It may choose to maintain and enhance the borne page infonnaum and interactive appUatkm at tie jurisdiction's esiease; S. Thu the Association is not respotisble for badware in mtenanee following the three year carry -in maintenuee service agreement; j The Assoctulon reserves the right to remove the computer syuem, and software tipplicahons from do local jurisdiction and remove the home page from the Association's file server should the jurisdiction not meet this Agreement blsrthermore. the Association is th owner of the property ark Pisano D City Manam Southern California Association of Governments City of Grand Terrace Attachment B So far we have encountered many setbacks such as, the lack of a data dictionary, piece meal information, and hardware and software complications Recently Hally e-mailed a note to other cities requesting information on their own experiences with GIS applications including software and hardware needed To date approximately 10 agencies responded with invites to visit their departments You may f want to contact them at your convenience to inquire how they have applied the GIS technology to their department applications (Please contact Hally for contact names) We also received a GIS benefits analysis report from the City of Ontario which is available in our Department for your review Lee Ann Garcia has done a lot of networking with Ontario for assistance with our GIS, and Patina will be attending a GIS Conference in Los Angeles next week to receive preliminary trammng and to check what is the help available via Lee Ann contacts We are inviting Department Heads and Staff volunteers to visit the City of Ontario and the County of Riverside GIS Departments during the second and thud weeks of March. Please contact us to arrange a field trip together Tlus meeting is pending the progress of items listed in item 3 above which focuses on the making of a list of possible department apphcatnons, hardware and software apphcatnons to Grand Terrace Hally sent to all the Department Heads a memo dated February 11, 1997, which requested input into possible ideas for our City Home page Hally's next assignment is to contact Charlie Wagner of SCAG to find out what other cities have done with the SCAG home page template It has also been brought to our attention that the local Boy Scouts are developing a Home Page as a project, so we would like to invite them to coordinate efforts with us, since our software for design and maintenance is "free" for one and a half years, Should you desire to use the internet, you are free to use the Community Development Director's work station on Friday afternoons, or you can ask Hally to set you up to access internet from your own computer The current City internet address provided to us by SCAG until June 7, 1998, is "grandterrace@eee org" (please note that this is = connection for all In case we desire more connections, it would need to be justified and ME MEMORANDUM J TO: Thomas Schwab, City Manager FROM: Patrizia Materassi, Community Development Director ?M DATE: February 27,1997 SUBJECT: HIGHLIGHTS OF THE THIRD ANNUAL CALIFORNIA GIS CONFERENCE "GIS AFFECTING COMMUNITY AND SOCIETY" Los Angeles, February 26 and 27,1997 +++++++++++++++++++++++++++++++++ This was an excellent conference, and very timely to help our GIS initiation efforts GIS experts main message is "'Ibe right time to expand GIS is the moment you get it. The time to start budgeting for it is "yesterday" On the other hand they also advised that most cities took from 2 fto 6 years just to develop data bases which were accurate enough to provide useful applications They call it the "black period" when you are inputting data, spending money in software and hardware and have no functional applications to show or help provision of services jDetermination of which applications are desired is therefore the first, most important step as well as to motivate staff members who will use it. Specially, if no additional staff is gained in the process Please review the information that follows as it summarizes "What is GIS" and the steps for its successful implementation and management in Sections A and B below Furthermore, the conference helped me to feel confident that our humble strategy was right on target. Please refer to strategy translated into action plan in Attachment A A. Introduction to GIS Wuluk Fs, Christopher D. Thomas, GIS Coordinator for the City of Ontario and Dean Lehman, Civil Engineer for Los Angeles County Department of Public Works, Alhambra. I What is GIS? "GIS is not a mapping tool, GIS is a system of components integrated to support the management and analysis of data" ! "GIS is a Resource" Attachment D "Selection of spacial data "layers" or data sets need to take into consideration W&UwX, precision. scale, picture resolution, and availability of exrstmg data " Availability of existing datasets is fundamental in order to save cost and time and allow accomplishment of short range goals, thus avoiding long `black periods" Methods to input data can be very time consuming and tedious i e traditional digitizing, scanning, explicit input of traverse/Cogo data. phase First � Fin data creation is a research of what is p already available and its cost. For example SOURCE: Fire Department County Registrar's Office County Assessor's Office County Sheriff j Community Development/Planning County Flood Control District Public Works/Burldmg dt Safety Finance Department Utilmes companies Libraries i SCAG VERIFY DATA AVAILABLE: fire drstncts, dispatch information precincts, supervrsonal districts parcel data base (map and tabular) patrol areas, dispatch information zoning, land use, streets and street addresses, City boundaries, General Plan, parcel and tract map information, zoning, and code enforcement corridors and easements sewer, storm drain, permit information and code enforcement business licenses, sewer addresses, etc water fines/addresses and easements, gas lines and easements, cable lines, power lines and easements other information subregional data census data and regional data Internet federal level information, USGS topographic information, census and multiple other data sets Verification of scale of information is very important For instance, Federal data usually is at city areas like buildable portion of Blue Mountain would reduce individual cost of construction & staff review time, Use of GIS to develop planning documents related maps & tables, Blue Mountain Specific Plan, fire overlay zone, conduct business licenses audltings, etc c re -engineer existing process i.e. all applications dealing with the maintenance & replacement, life cycle cost & schedule of uifiastructure such as sewer & road pavement d deliver a new product or service i.e radius maps with labels,for public hearing notices, housing target areas definition,etc Design of applications is a complex endeavor and this workshop does not cover it. 2 Overall benefits The overall benefits of GIS are time savings, cost savings, fast and efficient operations, increase productivity once data needed for japplications desired is completed, high quality products/reports, extra services to the public, utilization of data sets available via internet. B GIS Implementation Management Executive Leadership Session moderated by Craig Gooch, Psomas & Associates Panel participants were Ashraf Aznn, William J. Bamberger, Terry James and F. Michael Smith. (Summary of session will be available at next meeting). C \office\wpwm\wpdocs\pinmmng\gis\conferm297 Proposed First Phase GIS Implementation This item is to be re-evaluated by the steering committee within 4-5 months Stations/Installation of one more GIS station, total of two GIS stations independent and Hardware, available to all staff at all times not only on Fridays as currently Consider purchase of a plotter Software Purchase one more ArcView license for second GIS station Data Utilization of current data available at GIS station #1 plus additional data available from other city departments, utilities and other agencies which is available at no or insignificant cost Applications. To be determined by steering committee Once desired applications are determined data needs, software and hardware needs will be clear, and project's first phase and other phases can be defined PM pp c \office\wpwm\wpdocs\planning\gis\strategy wpd M, DATE May 15, 1997 W O # 12 514 STAFF REPORT IT r RRMD 7ERR w CRA O COUNCIL ITEM (X) MEETING DATE May 22, 1997 Cti fl�� SUBJECT Center CityCourt Storm Drain Replacement eplacement DEPARTMENT OF BUILDING & SAFETY, FUNDING REQUIRED NO FUNDING REQUIRED XX PUBLIC WORKS AND HOUSING The construction of the Center City Court storm dram project contract No 96-15 22791 Barton Road has been completed Suite B (Grand Terrace California 92313-5295 It is therefore, appropriate to file a Notice of Completion { Civic Center (909) 825-3825 Fax (909) 825-7506 STAFF RECOMMENDS THAT CITY COUNCIL Authorize filing with the County Recorder's Office the Notice of Completion on the above project I i I, COUNCIL AG€NSA rrEm #6H CITY OF GRAND TERRACE ,1—) 1 CRA rrEM () COUNCIL ITEM (X) MEETING DATE: Mery 22, 1997 AGENDA ITEM SUBJECT AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS WITH COUNTY OF SAN BERNARDINO FUNDING REQUIRED NO FUNDING REQUIRED XX The County of San Bernardino has requested that a new agreement for the "Collection of Special Taxes, Fees and Assessments" be executed by the City in order to process assessments from the Lighting and Landscape Assessment District, delinquent sewer users and any property maintenance assessments along with the 1% general tax levy on real property This year's assessments, taxes, fees must be submitted to the Auditor -Controller no later than August 1, 1997 to be included with the 1997-1998 property tax roll However, the County has asked for this agreement to be returned no later than July 1, 1997 The changes in the contract relate to the passage of Proposition 218 in November 19% The j agreement warrants the the City has properly unposed the taxes, fees and assessments m accordance with all state laws, including the additions of Articles XIII C and XIII D of the California Constitution The County does not generally review the legality of the items submitted for inclusion on the tax roll and assumes that the submitting agency is legally entitled to submit those assessments or fees for inclusion, has properly interpreted all applicable laws and properly noticed those affected 'The Auchtor-Controller has charged a $1 00 per parcel fee that is passed on to the property owner on the property tax bill STAFF RECOMMENDS THAT COUNCIL 1 APPROVE AGREEMENT FOR "COLLECTION OF SPECIAL TAXES, FEES, AND, ASSESSMENTS" WITH THE COUNTY OF SAN BERNARDINO 2 DIRECT MAYOR TO EXECUTE SAID AGREEMENT COUNCIL AGENDA fIEM#jI C 2 Definstions As used in this article i Agency" means any local government as defined in subdivistn (b) of Section 1 of le X111 C i Assessment"means any levy or charge upon real property by an agency for a special fir conferred upon the real property Assessment includes but is nor limited to ( sal assessment benefit assessment "maintenance assessment and special sment tar " i "Capital east"meant the cost of aequsttim installation, construction, mconstructan, placement of a permanent public improvement by an agency ) District means an area determined by an agency to contain all parreLs which will s e a special benefit from a proposed public improvement or property related service s "Fee" or "charge means any levy other tan an ad valorem tar a special tax or an sment, unposed by an agency upon a parcel or upon a person as an incident of property rship including a user fee or charge for a property related service i Maintenance and operation expenses" means the cost of rent repair replacement hiltiation, fuel, power electrical current care and supervision necessary to properly ate and maintain a permanent public unprowasenL ) "Property ownership shall be deemed to include tenancies of real property when tits air directly liable to pay the assessment fee or charge in question n) rrty related service means a public service having a direct relationship to err ship i ipmal benefit means a particular and distinct benefit over and above general fits conjured on real property located in the district or to the public at large General ncement of prvperry value does riot conswide "special benefit " EC 3 Property Taxes Assessments Fees and Charges Limited (a) No tax cement, fee or charge shall be assessed by any agency upon any parcel of property or i any person as an incident of property ownership except i) Ile ad valorem property tax unposed pursuant to Article XIII and Article X111 A. ) Any special tax receiving a two-turds vote pursuant to Section 4 of Article Xlll A. t) Assessments as provided by this article t) Fees or charges for property related services as provided by this aide ,) For purposes of this article fees for the pnnmon of electrical or gas service shall not 'eemed charges or fees unposed as an incident of property ownership EC 4 Procedures and Requirements for All Assessments (a) An agency which ,oses to levy an assessment shall identify all parcels which will have a special benefit erred upon them and upon which an assessment will be unposed The proportionate ial benefu derived by each identified parcel shall be determined in relationship to the ery of the capital cost of a public unprovemmi. the maintenance and operation expenses public improvement or the cost of the property related service being provided No ssment shall be imposed on any parcel wluch exceeds the reasonable cost of the unmoral special benefit conferred on that parcel Only special benefits are assessable an agency shall separate the general benefits from the special benefits conferred on a el. Parcels within a district that are owned or used by any agency the Sate of California he United Sates shall not be exempt from assessment unless, the agency can demonstrate lea vi vbtcug evidence that those publicly owned parcels in fact receive no special 'fat b) Au assessments shall be supported by a detailed engineer t report prepared by a sierrd professional enguxer fernfied by the Stare of Caltfonrna. ) The amount of the proposed assessment for each identified parcel shall be calculated the record owner of each parcel shall be gin written notice by mail of the proposed ssmen; the total amount thereof chargeable to the entire district, the amount chargeable he owners particular parcel, the duration of the payments the reason for the assessment the basis upon which the amount of the proposed assessment was calculated together i the date tome, and location of a public hearing on the proposed assessment Each nonce ii also include in a conspicuous place thereorsi a summary of the procedures applicable to coriplerton return and tabulation of the hallos rcqutred pursuant to subdrvmon (d) ceding a disclosure statement that the existence of a majonry protest as defined in division (t) w7B result in the assessment not bring unposed d) Each nonce waded to owners of identified parcels within the dutnct pursuant to d _ (e) shall contain a ballot which uuludes the agency s address for receipt of the for once campleted by any owner rrceivug the nottct whereby the owner may indicate his her ramie, reasonable identtficanaa of the parcel and his or her support or opposition to proposed auessnunt. e) The agency shall conduct a public hearing upon the proposed assessment not less than days after mailing the notice of the proposed assessment to record owners of each nnfoed parcel. At the public hearing the agency shall consider all protests against the posed assessment and tabulate the ballots The agency shall nor impose an assessment if re is a majority protest A majority protest edits if upon the conclusion of the hearing fors submitted m opposition to the assessment excred the ballats submitted in favor of the essment in tabulating the ballots the ballots shall be weighted according to the portion! ftnancal obligation of the affected properm f) In any legal action contesting the validity of any assessment the burden shall be on the ncv to demonstrate that the property or to mpemes in question receive a special benefit r and above the benefits conferred on the public at large and that the amount of any tested assessment is proportional to and no greater than the benefits conferred on the nerr) or properses in question g) Because only special bertefis are assessable electors residing within the district who not own property widun the district shall not be deemed under ohs Constitution to have n deprived of the right to vote for any assessment If a court determines that the nstitunon of the United States or other federal law requires othenvue the assessment shall not be imposed unless approved by a vivo-durds vote of the electorate in the district u addition to being approved by the property owners as required by subdivision (eX SEC S Effective Date Pursuant to subdivision (a) of Section 10 of Article H the provmons of this article shall become effective the day after the election unless otherwise provided Beginning July 1 1997 all existing new or increased assessments shall compy with this article Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4 (a) Any assessment imposed exclurvely to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers water flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4 (b) Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4 (c) Any assessment the proceeds of which an exclusively used to repay bonded indebtedness of which the fadurr to pay would wdxe the Contract Impairment Cause of the Constitution of the United States. (d) Any assewment which previously received majority voter approval from the voters voting in an election on the issue of the assessment Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4 SEC 6 Property Related Fees and Charges (a) Procedures for New or Increased Fees and Charges. An agency shall follow the procedures pursuant to this section in imposing or increasing any fee or charge as defined pursuant to this article including but not limited a, the fallowing (1) The parcels upon which a fee or charge is proposed for unposu+on shall be dennfted The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated The agency shall provide written nonce by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount of the fee or charge proposed to be unposed upon each, the bass upon which the amount cf the proposed fee or charge was calculated the reason for the fee or charge together with the date tune and location of a public hearing on the proposed fee or charge. (2) lie agency shall conduct a public hearing upon the proposed fee or dirge nor less than 45 days after mailing the nonce of the proposed fee or charge to the record owners of each identified parcel upon which the fee or charge is proposed for unposinon At the public hearing the agency shall consider all protests against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of owners of the idennfted parcels the agency shall not impose the fee or charge. (b) Requirements for Existing New or Increased Fees and Charges A fee or charge shall not be extended unposed or increased by any agency unless it meets all of the following requirements (1) Revenues derrved jran die fee or charge shall not emceed the funds required to provide the property related service (2) Revenues denied from the fee or charge shall not be used for any purpose other than that for which At fee or charge was imposed (3) The amount of a fee or change imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel. (4) No fee or charge may be unposed for a service unless that service is actually used bx or unmedately available to the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted Standby charges, whether characterized as charges or assessments shall be elass#iied as assessments and shall not be imposed without compliance with Section 4 (S) No fee or charge may be imposed for general governnensal services Including but rot limited to police, fie ambulates or library services when the service is available to the public at large in substantially the same manner at it is to property owners. Reliance by an agary on any parcel nap including but not Limited to an at ussor s parcel map may be considered a significant factor in determining whether a fee or charge is unposed as an incident of property a-ership for purposes of this article. In any legal action contesmsg the vanda y of a fee or charge, the burden shall be on the agency to alma nstrate compliance with this arnde (c) Kier Approval for New or increased Fen and Charges. Except for fees or Barges for sewer water and rrfise collection services, no property related fee or charge shall be imposed or increased unless and until that fee or charge is submitted and approved by a majority vote of the property airmen of the property subject to the fee or charge or at the option of the agency. by a two-thirds vote of the electorate residing in the affected area The election shall he conducted not tee than 45 days after the public hearing An agency may adopt procedures sunilar to thou for increases in assessments in the conduct of elections under this subdrvuior. (d) Beguinang July 1 1997 all fees or chargesshall comply with dus storm SECTION S LIBERAL CONSTRUCTION The provisions of dos act shall be liberally construed to effectuate its purposes of lamating local government mvenue and enhancing taxpayer consent. SECTION 6 SEVERABUM If any ptonsron of tbs act, or part 6cred is for any reason held to be invalid or unconsbamotial, the remaining sections shall not be affected, but shall remain in full force and effect, and to this end the provisions of dus act age severable_ 96 109 I AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS THIS AGREEMENT is made and entered into this day of , 19 , by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the j , hereinafter referred to as "District" WITNESSETH WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any school dnstnct, special district, zone or improvement district thereof, and WHEREAS, the District and County have determined that it is in the public interest that the County, when requested by District, collect on the County tax rolls the special taxes, fees, and assessments for District. i NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows 1 County agrees, when requested by District as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of District, and of each zone or improvement District thereof 2 When County is to collect District's special taxes, fees, and assessments, District agrees to notify in writing the Auditor -Controller (222 W Hospitality Lane, San Bernardino, CA 92415) of the County on or before the 10" day of August of each fiscal year of the Assessor's parcel numbers I nd the amount of each special tax, fee, or assessment to be so collected Any such notice, in order to be effective, must be received by the Auditor -Controller by said date I 3 County may charge District an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the District, not to exceed i County's actual cast of collection. 4 District warrants that the taxes, fees, or assessments imposed by Distract and collected pursuant to taus Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and MID of the California Constitution (Proposition 218) 5 District hereby releases and forever discharges County and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of 3 12 Each person signing this agreement represents and warrants that he or she has been fully authorized to do so IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written District By Printed or typed Name Title Date SAN BERNARDINO COUNTY AUDITOR/CONTROLLER-RECORDER By Printed or typed Name Title Date �j Community Services Department Staff Report COUNCIL ITEM (XX) MEETING DATE May 22, 1997 SUBJECT SCAG SOLID WASTE TASK FORCE AB 939 NO FUNDING REQUIRED XX f DISCUSSION: The Solid Waste Task Force Committee of SCAG has presented a number of recommendations which deal with the problems many cities in Southern California are having in complying with the requirements of AB939, the Integrated Waste Management Control Act SCAG is requesting our support through the adoption of a resolution in support of their report - - - Generally, the recommendations include the following 1 Extending the 500/a diversion mandate to the year 2000 2 Allowing the cores the option of utilizing either 1990 or 1995 years in calculating diversion amounts 3 Cities be allowed to receive credits for exceeding diversion mandates in years Ie If a city diverts 32% for the 3 years preceding the 50°/. mandate, but not the 505/6, it should receive and 21% credit for the previous years efforts As the City Council is aware, the City of Grand Terrace, through the implementation of our residential waste program, is meeting its 25% diversion requirement Our current diversion is approximately 30% Meeting the 50% requirement will be more dilficulk and support of this resolution may assist in helping the City gam additional time in implementing programs to meet the 50'/. mandate A copy of the SCAG Solid Waste Task Force Report is available for review at the City's Reception Desk RECOMMENDATION: That the City Council adopt A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA TO SUPPORT LEGILATIVE INITIATIVES AND OTHER POLICES PERTAINING TO WASTE DIVERSION, SOURCE REDUCTION AND RECYCLING COUNCIL AGENDA ITEM #,;� RESOLUTION NO. PAGE NO.2 BE 1T RESOLVED that SCAG supports retention of the AB 939 25 percent diversion mandate for year 1995, and BE IT FURTHER RESOLVED that SCAG supports changes to AB 939 that will make the 50 parent diversion mandate for year 2000 a goal and extend the 50 percent diversion mandate to year 2010, and j BE ff FURTHER RESOLVED that SCAG supports initiating state legislation establishing 1990 or 1995 data as the base year for the balance of AB 939 waste diversion targets and giving credit to cities and counties that have met or exceeded their year 1995 25 permat diversion mandate, and a BE IT FURTHER RESOLVED that cities and counties should have the option to use 1990 or 1995 as the base year, and BE IT FURTHER RESOLVED that the subsequent target should be credited by anything not seat to the landfill as residual sofid waste, and BE IT FURTHER RESOLVED that any waste that is transformed or composted should not be considered as residual solid waste, and BE IT FURTHER RESOLVED that SCAG w otirages cities and counties to continue unplenoffing their Source won and Recycling Elements, and BE IT FURTHER RESOLVED that the Regional Council of the Southern California Association of Government supports above revised Solid Waste Management Polices and encou ages its local jurisdictions to do the same ADOP'M this =" day of May, 1997 i ATTEST: City Cleric of the City of Grand Terrace and of Mayor of the City of Grand Terrace the City Council thereof and of the City Council thereof 9 u; Community Services Department Staff Report CITY COUNCIL ITEM (XX) MEETING DATE May 22, 1997 SUBJECT CDBG PROGRAM DELEGATE AGENCY AGREEMENT NO FUNDING REQUIRED XX DISCUSSION - The County of San Bernardino Department of Econonuc and Community Development (ECD) has, for the past 10 years, served as the coordinating agency for the City of Grand Terrace's Community Development Block Grant Program This relationship has been facilitated through a cooperating agency agreement between the two entities Under the Agreement, the ECD performs the following 1 Serves as the City's fiduciary with the United States Department of Housing and Urban Development This includes making applications on behalf of the City to HUD and devetoping the required reports, such as the Consolidate Plan 2 Administers compliance with HUD regulations for City and Non -Profit agency Programs, including on -going programs such as the Grand Terrace Senior Center 3 Monitors City records and procedures and serves as a consultant to the City on HUD requirements Generally, the ECD role is that of the City's contract administrator for the CDBG Program in the areas of reporting and compliance paperwork with HUD Typically, the City and County have renewed agreements on an annual basis Thus years contract is proposed as a three (3) year agreement from June 30, 1997 until June 30, 2000 This extended period is simply proposed as a cost saving measure to reduce the costs of annual renewal versus a three year agreement A regular question which is asked, is why is the City utilizing the County as our contractor in applying to HUD for the Block Grant Funds and not simply become an entitlement city and apply ourselves The answers to this question are as follows 1 To become an "Entitlement City" would require a rather extensive community analysis and an application being made to HUD on behalf of the City Justification would need y_ r COUNCIL AGENDA ITEM # K COMMUNITY DEVELOPMENT BLOCK GRANT CITY -COUNTY DELEGATE AGENCY AGREEMENT For Fiscal Years 1997-98,1999-99, 1999-2000 This Agreement is made and entered into this day of 19 , by and between the COUNTY OF SAN BERNARDINO hereinafter referred to as "COUNTY", and the City of a municipal corporation and a political subdivision of the State of California located withm the boundaries of San Bernardino County, hereinafter referred to as "CITY" WHEREAS, COUNTY has been designated an "Urban County" by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD", as that term is defined in Title I of the Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT", and accordingly, COUNTY will administer a Community Development Block Grant (CDBG) program which includes the development of a Consolidated Submission of the HUD Housing and Community Development Grant Programs, hereinafter referred to as "CONSOLIDATED PLAN", which constitutes COUNTY's application for Federal assistance under said ACT, and, WHEREAS, CITY and COUNTY have entered into a "Cooperation Agreement for Community Development Block Grant Funds", as part of COUNTY's CDBG Program, covering Fiscal Years 1997-98, 1998-99 and 1999-2000, to which this is a subordinate and supplementary agreement per Section 12 (Other Agreements) of said Cooperation Agreement executed by these parties, dated June 25, 1996, and, WHEREAS, COUNTY administers a CDBG program in cooperation with fourteen cities, and in the unincorporated areas of San Bernardmo County, through County Department of Economic and Community Development, hereinafter referred to as "ECD", and, WHEREAS, CITY has the ability to manage and admmister CDBG projects, and, WHEREAS, CITY chooses to assume the responsibility of project implementation within its corporate limits in cooperation with COUNTY, and, WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize utilization of personnel and resources and increase efficiency and economies of scale in the planning and administration of the program hereinafter set forth NOW, TTIEREFORE, it is understood and agreed by and between the parties hereto as follows PURPOSE This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Drvision 7, Title I of the Government Code of the State of California (commencing with Section 6500� relating to public agencies The purpose of this Agreement is to implement the provisions of the Cooperation Agreement in carrying out CDBG activities which have been approved by COUNTY for CITY in accordance with CONSOLIDATED PLAN The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other Federal, State and County laws and policies in the manner hereinafter set forth Substantial modifications are defined as follows. 1) a net increase of greater than 1001A of the activity allocation listed in a published CONSOLIDATED PLAN, or 2) a net increase or decrease in the activity allocation greater than $50,000, or 3) a change in the type of activity; or 4) a change in the location of the activity; or S) a change in the beneficiaries of the activity. The Final Statement shall be amended when an activity is added or deleted. T'he "program administration" activity and "unprogrammed funds" activity are not subject to the allocation hmrtations defined herem Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with CONSOLIDATED PLAN Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation for said action must be sent to COUNTY CITY shall comply with the requirements of and participate in the implementation of the citizen participation portion of CONSOLIDATED PLAN. •i• J►�fi ie ► n 1 yi! COUNTY, through ECD, is empowered to enforce all Federal regulations pertaining to CDBG funded projects undertaken by CITY under this Agreement CITY recognizes that COUNTY, as the formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating funds CITY will have no direct responsibilities or obligations to HUD, except as identified, under this Agreement. COUNTY shall provide technical assistance to MY in a timely and expeditious manner upon written request to the Director of ECD Under this Agreement, CITY elects to be responsible for carrying out CDBG projects However, in implementing said projects, CITY must perform all services and activities in accordance with Federal and State statutory requirements and with the policies and procedures established by the Board of Supervisors, and shall comply with the following - Upon COUNTY and CITY's mutual assent to this Agreement, CITY will designate a "Community Development Administrator" by filling in the name of said person in the space provided below The Community Development Administrator is the responsible authority for all correspondence with COUNTY, the signatory on AUTHORIzW PROJECT Attachments A and B and shall advise the CITY council, CITY administration and CITY stag as appropriate regarding the CDBG program CITY may, by written notification -as set forth below, change the Community Development Administrator CITY's Community Development Administrator for this Agreement is + t L t �q% r shall then have a maximum of 10 days in which to remedy said deficiencies Should approval of COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate CITY's CDBG program finding to ocher eligible activities which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice to CITY Upon such notice, CITY agrees to can all activity provided hereunder, as specified in said notice : e"I ::., 11. Ia 07,1 Program income represents net income directly generated from the use of CDBG fiords by CITY as a result of the activity funded under the terms of this Agreement When such income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the page of CDBG funds used. CITY Mall retain the use of program income by retuning program income to COUNTY and requesting project budget increases for activities authorized under this Agreement Program income shall be returned to COUNTY within thirty (30) days after a) disposition or sale of real or personal property occurs or, b) cumulative program income reaches increments of one thousand dollars ($1,000), or c) the end of each fiscal year CITY shall include the reports required by Section 14, PROGRAM REPORTING, all sources and amounts of program income on a monthly and year-to-date basis Program income returned by COUNTY to CITY shall be spent by CITY on only those costs authorized under this Agreement All provisions of this Agreement shall apply to said use of program income funds CITY shall account for the receipt and use of program income m such a way that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent Any program income on -hand when this Agreement expires or is received after such expiration, shall be paid to COUNTY CITY agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY directives CITY shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all AUTHORIZED PROJECT fimds All CITY records, with the exception of confidential client information, shall be made available to represattatives of COUNTY and the appropriate Federal agencies. CITY is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by COUNTY Director of ECD or his designee By the first of each month, CITY shall submit to ECD, a monthly status report on all active AUTHORIZED PROJECTS(S) and if applicable, program income generating activities (see Attachment D-3). u ►1 .le t ' ECD Director or his designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS Monitoring will focus on the extent to which CONSOLIDATED PLAN has been implemented and measurable goals achieved, effectiveness of project management, and impact of time AUTHORIZED PROJECTS Authorized repaiesentatives of COUNTY and HUD shall have the right of access to all activit m and facilities operated by CITY under this Agreement Facilities include all files, records, and other documents related to the performance of this far , ti�7te i � 24 CFR Part 85 44, Termination for Convenience COUNTY ECD is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity or if for any reason the timely completion of the work under this Agreement is rendered improbable, infeasible or impossible If CITY materially fails to comply with any term of this Agreement, COUNTY may take one or more of the actions provided under the Federal Regulation at 24 CFR Part 85 43, Enforcement, which include temporarily withholding cash, disallowing non -compliant costs, wholly or partly terminating the award, withholding future awards, and other remedies that are legally available In such event, CITY shall be compensated for all services rendered and all necessarily incurred cods performed in good faith in accordance with the terms of this Agreement that have been previously munbursed, to the date of said termination to the extent that CDBG fiords are available from HUD Should CITY determine that the funding sources or the names of responsible public officials be displayed on a completed building or significant project, such identification should be acknowledged on a plaque, permanently mounted in an appropnate location, made of bronze or other appropriate material, acknowledging the funding source as the Department of Housing and Urban Development, San Bernardino County Community Development Block Grant. The current Board of Supervisors and the members of the City Council shall also be identified In instances where multiple funding sources are utilized to construct a project, all funding sources shall be identified The listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first, the second largest dollar amount second, etc CITY will take all necessary affII'mative steps to assure that Minority Business Enterprises (MBE), Women Business Enterprises (WBE) and Disabled Veteran Business Enterprises (DVBE) are used when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 8536 Procurement. CITY agrees that the San Bernardino County Minority and Women Owned Business Enterprise Participation form (Attachment E) shall be completed for all AUTHORIZED PROJECTS San Bernardino County has a goal of 15 percent MBE, 5 percent WBE and 3 percent DVBE Participation for all contracts CITY agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto CITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and the San Bernardino County NW/DVBE Policy No 11-15, as revised, and other applicable Federal, State and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities, women and disabled veterans In addition, CITY shall make every effort to employ residents of the area and CITY agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement Funds under tins Agreement will be used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any religious or political activities CITY shall indemnify and hold the COUNTY, its officers, agents, volunteers and employees, harmless from and against any loss, Inability, claim, or damage that may arise or result from activities of CITY, its officers, agents, volunteers and employees; and, CITY shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against COUNTY, its officers, agents and employees, on any liability, claim or demand and satisfy any judgement that may be rendered against any of them arising or resulting from activities of CITY, its officers, agents and employees CITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Agreement and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness or disease ansing out of the provision of services. CITY, however, is obligated to promptly notify COUNTY in writing of the occurrence of any such loss or damage j CITY shall indemnify and hold harmless COUNTY against any► liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by the United States Department of Housing and Urban Development or its successor that activities undertaken by CITY under the 1 program or programs fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. Consistent with all other provisions of this Agreement, COUNTY shall, at its own cost and expense, defend, indemnify, and hold the CITY, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from any wrongful act or wrongful omission by COUNTY, its officers, agents and employees In order to accomplish the indemnification provision of Section 26, Indemnification, but without limiting the mdemnification, contractor(s) and sub -contractors) obtained by CITY for activities covered under the terms of this Agreement, shall secure and maintain throughout the term of their contract with CITY, the following type of insurance with limits as shown. Said pohcies shall add as insureds the COUNTY, its elected officials, offices, employees and agents for all liability arising from AUTHORIZED PROJECTS Workers' Composation - A program of Worker's Compensation ins � ce or a State - approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of CITY and all risks to such persons under this Contract Comnrehmiye General and Automobile Liabilay Insurance - This coverage to include contracmal coverage and automobile liability coverage for owned, hired, and non -owned vehicles The policy shall have combined single limits for bodily mjury and property damage of not less than one million dollars ($1,000,000) I ` IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first wntten above i i COUNTY OF SAN BERNARDINO CITY I By By. Chapman, Board of Supervisors Title r Dated I i APPROVED AS TO FORM. THE TERMS RECOMt[ENDED AS TO CONTENT AND PROVISIONS OF THIS AGREEMENT ARE FULLY AUTHORIZED UNDER STATE By AND LOCAL LAW AND THIS AGREEMENT PROVIDES FULL LEGAL AUTHORITY FOR COUNTY TO UNDERTAKE OR ASSIST IN UNDERTAKING ESSENTIAL Title COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES, SPECIFICALLY URBAN RENEWAL AND Dated PUBLICLY ASSISTED HOUSING 1 By. County Counsel APPROVED AS TO FORM By- Cq Attorney Dated SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SPROAT Clerk of the Board of Supervisors of the County of San Bernardino By Deputy I AcaM73,97ADAGE CYAGT U A 76 7,'( CITY OF GRAND TERRACE EMERGENCY OPERATIONS COMMITTEE MAY 0& IN7 CITY OF GRAND TERRACE C"CM March 18, 1997 CALL TO ORDER: i The meeting was called to order by Eileen Hodder at 7 00 p m (APPROVAL OF MINUTES: Minutes of the January 21, 1997 meeting were approved as read and provided to the Council Liaison. PRESENT: Edeen Hodder, Darla Wertz, Gary Eldridge, Vic Phennighausen, and Tim Hodder PRESENT: Rich Hubert (Riverside Highland Water Co ) LIAISON REPORT: 1 Not present EQUIPMENT/FACILITY REPORT: ! 1 Duck and cover dnlls will be conducted on April 3 in the county schools participating. RACES will be The 440 mHV2 meter antenna is not working properly on the 2 meter band. Vic will investigate Gary will bring an antenna analyzer to assist in isolating the problem. Purchase requiwtions for a 2 meter antenna, battery refurbishing components, and replacements for handheld transceiver antennas have been submitted BUSINESS: 1 Ruch delivered the handheld transceiver provided by the Riverside Highland Water Company � ,� COUNCIL AG€NOWITEM # r tc, MAY 0 51997 Grand Terrace Parks and Recreation Meeting _ (Minutes of April 7, 19997 MGM (Meeting called to order 6:10 (Guest -Barry Tyler- interested in becoming a dommittee member j He is a coach and teacher in a private school .He has lived in GT for three years. He has two children 5 and 6 years old. Minutes read and approved Park update Pico - new brick dust - getting ready for baseball season - curtains replace doors in girls bathroom - discussion on time the parks close in the evening Susan Petta - senior center is being painted over the weekend Richard Rollins,- needs to have the light timers changed so not to have lights on after use ends. Vandalism continues at the park Tot Lot - swings replaced Activities: Soccer - beginning to practice Adult League -23 persons on each team. Still playing Spring Egg Hunt - between 800 - 1000 ^children. Very successful Future Teen Center- Dave reported that Pomona School District has joffered to donate a module for a Teen Center ( we must accept i within 6 months) . It would need to be moved to GT and refurbished. .Cost of refurbishing would be estimated at $10,000. Dave will bring a picture of the two possible units next month. j Karen was ask to bring f igures of staf f ing for after school hours. John Connolly stopped by with figures for the next year Park and Recreation budget. He told us about plans to redo Pico Park baseball field # 1 and replace the restroom at Richard Rollins. !Grand Terrace Days June 7 The Park and Recreation will have a Itable with fliers and information Pat moved for adjournment and Cheryl 2nd. Meeting adjourned at 7:15 I COUNCIL AGENDA MW #_�'ZG1 I STAFF REPORT DATE: May 14, 1997 RA ITEM () COUNCIL ITEM (%) MEETING DATE: May 22, 1997 SUBJECT: Appoint regular member to the Park and Recreation Committee (Barry Tyler) Barry Tyler has submitted an application to be considered as a regular member of the Park and Recreation Committee. At the Park and Recreation Committee meeting of May 5, 1997, the committee voted to I ecommend the appointment of Barry Tyler to the Park and Recreation Committee It is the desire of the committee that the City Council accept their recommendation to appoint Barry Tyler as a regular member of the Park and Recreation Committee filling an unexpired term continuing to June 30, 1998 cept the recommendation of the Park and Recreation Comnttee and appoint Barry Tyler to Park and Recreation committee as a regular member, to fill an unexpired term continuing June 30, 1998 COUNCIL AGENDA MN#N�b F i COMMITTEE REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE May 22, 1997 DATE May 14,1997 The City of Grand Terrace has created a beautiful child care center and a senior center addressing the needs of two the populations of our city; but there is not a viable alternative for the older children and teens available after school as exists m many of the surrounding communities One of the complaints of preteens to young adults in this city is that there "is nothing to do " Aside from organized sports (Little League, soccer and basketball), there are few alternatives for young people's activities other than "hanging around" Continue the status quo of doing nothing There is not a large amount of misdemeanor mischief in town Graffiti and vandalism are not problems that are overwhelming the city's budget SOLUTIONS Find funding to build/acquire facilities to be utilized as a youth/activity center, centrally located to the -middle school at Richard Rollins (formerly Terrace Hills) Park adjacent to j the existing restrooms scheduled for refurbishing later this year There is an opportunity to acquire two portable classrooms for the price of relocating them and bringing them up 1 to whatever code requirements may be deemed necessary, OR look into leasing the old GTI Market building and refurbishing it, OR investigate the possibility of leasing the old i Sprouse -Reitz store in the Stater Brothers shopping center, OR finding a corporate sponsor to assist in financing such an endeavor The Parks and Recreation Committee recommends that the City Council review the proposed costs of bringing two portable buildings into the community to serve as a youthlactivity center Thus would be a completion of creating accessible facilities to each of the various population factions of the City The proposed cost to the City for refurbishing are estimated to run between S 15- 20,000 per 900 square foot unit. A request for funds to conduct an mterest survey, estimated at $ 1500 00, is also submitted so that we may determine if this project is as viable as it seems from the responses we have had up to this point. COUNCIL AG€ bA r= # _' ° ` CITY OF GRAND TERRACE CITY OF GRAND TERSE CRIME PREVENTION COMMITTEE Regular Meeting MAY 1 31997 MINUTES April 14, 1997 - CDCl.EAK The Grand Terrace Crime Prevention Committee met for the regular meeting at the Senior Center Meeting was called to order at 6 07 p m by Chairperson, Phdomene Spisak MEMBERS PRESENT were Philomene Spisak, Chairperson, Bitsy Miller, Vice Chairperson, IJoAnn Johnson, Dottie Raborn, Robert Stewart, Jackie Kiacz and Dick Rollins and Alternate Mike Fasenmyer t MEMBERS ABSENT - None ICITy STAFF/SHERIFFS DEPT. -Tonya Nelson, Community Services Officer, John Donlevy, lAssistant City Manager and Lt Howell, Sherds Dept GUESTS PRESENT- None (AGENDA was approved with no changes Motion by Dick Rollins and second by Dottie Raborn MINUTES - Meeting of March 10, 1997 were approved as written Motion by Bob Stewart and ;second by Bitsy Miller PUBLIC COMMENT - None (CORRESPONDENCE -None BUDGET - From a beginning balance of $7999 57, expenditures of $271 93 and $21 86 leaving an lending balance of $7705 78 Report given by Dottie Rabom UNFRUSHED BUSINESS A. Installation of banner poles on Barton Road a Historical and Cultural Committee also looking at this item b City is looking at putting up sign at Preston and Barton Road and at City Center Court c Much discussion on signs and where to post than and who will make them B Grand Terrace Days a Main event will be Saturday, June 7th for Parade and Fair b Water Games, Cow -Plop Bingo, bicycle licenses and rodeo, ventnlogwst, gymnastics, alarms, safety equipment, caricaturist, T-shirts ($10 and $7) c Also the Mutual Aide band and vocalist C Selling of fire works approved a There was simply much discussion on this topic Potential problems, etc I NEW BUSINESS A Budget for 1997-1998 a Suggestion that accounting go on the computer and be ongoing b There was much discussion and some explanation on the budget TEeh , rr COUNCIL ACENDA,rrEm # UjjgtA&, ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE BARTON ROAD SPECIFIC PLAN OF SAID CITY IN BRSP-9741-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 ADNIINISTRATIVE/ 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 C0MAIERCIAL (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 LanctUse 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 S=1fiC Plan Land Use Designation from VC to AP proposal is consistent with the General Plan due to the fad 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 Specific Plan Land Use Desig=on from VC to AE 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 hmaed to, setbacks, access, circulation, parking, lighting, and landscaping of the Grand Terrace Zonmg Code and applicable development policies of the General Plan. f COUNCIL ,DAAGENDA ffM # - A J 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 Man, 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 II, Snecnfic Plan Land Use Man Exhibit III, is hereby amended by graphically indicating the boundaries of the proposed district change (attached heeym by reference, Attachment B) Section 3 Grand Terrace General Plan Land Use Man, 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 heeym 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 31 st 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 Fist 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 JIL r�-�,r��I� �rrr�tr�rr MUNN -I =rA5 k A ff I u m ........... Moll 0 illoammHolson UN I Omw k2 SUBAREA 0 AmendW BRSIP Suban Rdenaft Mp emerr u AURAREA REFERENCE MAP 1111loss �,�1a 4 lkv Is ., Ot 11 was 4bon 1 girls �! it►•�/ ♦ ��,���• ����� �� ,�,1t,t11tt1�♦ �111�1_'�r �i �� IW! N1►�� �� r��—.: •. 11111111111 .ram. min, i��oi� �� IM; WE, lltllilltll�-.����11_ r ��n ls* �..,.T_...�■ .illr-;��-.a am am :,,��-, yin, _ �1lI.�Itt1i1111t■1111111//lilt/ & ��..��it h.{E•�'_!L'��•i rl��\ , ■ �� ����•� ��i� ■'�lillllll '� 111111 11111 M f11 1!U►� �1 ':1�11111�=/1, t i111t'", �� t1i►►.'�- ■ /111111111 tllL1 ■ao►4 3 1111I1nuI► • t �.111111, ■ �. Ii11111tat1s ..15111911111r :All I�I�� ■■ a +� ; 111t11t1■■� .t MIN a lI1111■1■■t1 /�■1 �itLA 1��lt11111t1tt/t111111' Itl!lltllt{/� 111111 11�ii11tt1i��1■ �.Ut1111111111t11'�-Il�. .ttltl�t��N►��.I.t1�1.,1111111111.i11i� �� ' t■11tt1tt■t■ ��} 73 IT11.+ • • • ■ItI1t1■t■t■ �- 111111 1111 �� � .Tu t1�1111- �■ �11111111111 ' r11111M t11t111t11tt■ =1111� I�I�I� �� 'r TO: FROM: 7 Planning Commission Community Development Departmeat Community Develoix" Depament DATE: April 17,1997 SUBJECT: 1) BRSP-97.1-A2 (Z.97-01� E-"4% and applicadon to change the Land Use Designation of parceb 6 ad 7 of Pared Map 6462 from Village CommereW (VC) to Administradve/Pmfessional Dbb iet (AP) within the Grand Terrace Barton Road Specific Plan (Page 114 and 11-10 of the Barton Road Specific Plin); 2) To correct the General Plan Land Use Map to be consistent with the General Plan text by; a) changing all OP de:igations to Office CommereW (OC) designations, and b) ebange parceb 5,6 &7 from Para! 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 6cilities expansion of Azure Hills Church, such as playground area for its private school atudeats. RECOMMENDATION: Approval of the Barton Road Amendment, BRSP-97-01-A2 bused on the findings contained in the staff report OOOON�O�OOOOONONOOOOOOOj►ON+0000 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 Devoe oMm Departi rent The proposed to the Grand Tame Barton Road Specific Plan Land Use Map will not in and of itself acme any adverse impacts to affect the public heft safety and w+elfue of the 22795 Barton Road • Grand Terrace, California 92313-5295 • ATTA - 1 April 17,1997, Planning Comrmssion Report Azure Hills Seventh Day Adventist Church submitted an application to rezone the Barton Road Specific Plan Land Use designation of the two sutjW parcels. Azure Hills is presently in the process of purchasing the subjax parcels for the consteuc tim of a playground for the Educational Center. This proposal was ...ated because the existing Playground and recreational open space was removed in order to provide additional off-street pariaag and alkviate parking hazards around the Azure Hills Church property. No formal development plans for the playground have: lbeen submitted as part of the proposal, however in the event the rezone application is approved Ian 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). ANALYSIS: 1. General 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 CeneW Plan is amended as set forth in this ordinance. Due to ambigutties 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 arises from the following findings (please read the next paragraph as you refer to Attachment B - The current Central Plan Land Use Map. The current General Plan Land Use Map designates the existing Azure Dills Church property as OP. Please note 6= is no such land use designation in the Map lead not in the General Plan text. Therefore amending the zoning of the subject panels without correcting the Cenral Plan designation would resA 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 categories as follower: be GC- General Commercial, which includes retail and related commercial ores, including neighborhood shopping centem, and o medical and health care clinics, travel agencies, instuam agenccies, sad copy centers. Other like uses consist of amecutive, management, administrative. or clerical uses inducting the establishment of branch offices, data processing centers and the provision of coasultataon 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 on parking, noise, and vehicular trip generation, because office uses require less parking and generally generate less noise. Amore UM is in the process of purchasing the two subjed 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 district (Churches and Private Schools associated with the church are Permitted -Tabk 1, Land Use Matrix of the Barton Road Specific Plan). Valuable open space for recreational purposes was compromised in order to provide aditional off- stred parking and alleviate parking hazards around the Azure Hills Church property. Due to the fact that the proposed playground is an ancillory activity associated with the existing and permitted church use, a cone change is preferred rather than proposing an amendment to the texi to include playgrounds into the existing VC district Proposing an amendment to the text would create greater impacts on the Commercial District. For example, including a playground use not associated with a Day Care Ceater (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 shois� in addition, historically school and church uses have been an acceptable utilization of land within a residential neighborhood. 'These uxs are also permitted in residential zones per the Grand Terrace Zoning Code with a Conditional Use Permit (Table 1E 10 030). Designating the two subject parcels as BRSP-AP creates a buffer between single family rrsideaces on the south side of the subject parcels, and commercial uses in the Barton Road Specific Plan District O Lot Merger. As a requirement of the appr+oval. Azure bills will merge the lots with the 5 iftector's NOW 1) Review staff rcW sod data provided to beds up staff reoommeadadm 12) should a CommLsskw feet data provided is not suftkat to jus* approval Please cootad scat[ prior b the meeting so dam can be assembled per your desw.. 3) should the Commission feel comfortable wdh dam provided. dwripdon of eegocistrow with applitsat, ad 000ditions of approval, thee life role of the Fleecing Commissm a to support Stab's cecommeadations. Revisions or additions to 000drtroas am In bAW 0 this option, ad 4) the p�Tag Commission also has the optical to day or cwdnw the propoaaL 'ibex option are vet fWmMended by stA feel o m there is so info povUW w bale ap these COMM Sboald the Plan nft t*mmhd= desire to deny or coatmae proposals rhea Plwn4 CommksWs role is to ed or inquest staff to provide sing kformimTon, iafor aWw w0l be provided for thn mating in the event coned is made with suffesrly and lase led permits, or it will be provided by aw mee ft I I:U Community Development Department cocommends that the Planning Commission recommend to the City Council approval of the attached Ordinance (Exhibit 1) and UnciAW Negative Declaration (Attachment - A) based on findings listed below for BRSP-97-01-A2, and E-97-02. I FINDINGS FOR APPROVAL OF BRSp.97-01-A:3, E-97-029 and application to amend the Grand Terrace Barton Road Specific Plan Land Use Map from Village Commercial (VC) to Administrative/Professional l� District (AP), and amend the General Plan Land Use Map from General Commercial to Office Commercial (OC) associated with parcels 6 and 7 of Parcel Map 6462 (APN: 277- 161-331 and 32) April 1791997 Based on the heating evidence, all written and oral testimony, and documents and *Ami $ an contained in the staff report for the above referenced eases the Planning Commission finds as follows: 1. The proposed project n 000sistem with the General Phn. FACTS: The adAE proposal b consistent with the Genaal Plan due Ib the tics that AP desinafion b consistent with the General Plm Land the Map designation of OC, as amended firom OF 2 The proposed amerdmaj to the n-+= RoM Secant Land d LEE M519UM from VC and AP_ is consistent with all other applicable roquiromeats of the local orMean ca sad state law FACTS. The amendment does not propose any physial site changes. AD ARM Projects shall mat all applicable developmeat standard: ochd'm& but not limded m. setbacks noon:. c>rcabnaa. Pig• USbuM sad landscaping of the Grand Terrace Zoning Code and applicable deveiopmeat polkas of the Geer nal Play. 7 I i Approved by, PatrWa Materassi Community Development Director Auschmentr A - Nepdw Decimation and InAW Study B - Oweat and Amended GP Land Use Maps, C - Current and Amended Barton Road Specific Zonwg Maps D - Amm Mh Letter of Intent dazed Febnwy 27,1997 -----I-�anos--- (Refer to Exhibit 1 of the City Council Report dated May 8, 1997) PMIM Im c.XWOP.- VbMLm9w%rV9" 1 4w Name of PropoDeat: Addresv?booe Number of Proponent. Dbe Study Completed for PostW Agency Requiring lD:t:al Study Name ofPropoaal: ucat" of Proposal Aure Rib SDA Church, Tom Mayer sad Jack Booker 22633 Barton Road Grand Teases, CA 91313 (9") =2S-U11 Febraary 27,1997 City of Grand Terrace z-9742 Zone Change from Barton Road Specific Plan Village Comma+cial District (BRSP-VC) to Barton Road Specific Plan Administ rative/Professiond (BRSP-AP) District Two (2) parcels on :oath side d Cky Center Coact. east of bU Vernon Ave, located in the Cky of Grand Terrace, CA. (>rareel Map 646% Parceb S. and 7) and/or (AFN: 277-161-A sad 33) N������N����NN��NN�4N��Nd�►N�N♦ Earth. Will the proposal result m. all. Unstable Earth Coodiaor:s. chw2es In geological subs uMns. diuubom displaoemeat% substsatisl ebanges in topoprapby, destniCbM oovVarng of SPY unjTw Swlq& or phy*0m racrease in wend a :rater erosion of sods, erosion of beach sands of a mw CTOM a of people or properly to seismic hazards" Ne. The none champ" boom BRSP-VC to SRSI A? will ad rusk K create aastable earth eoadltloaa er rank in changes to polo* substre tares as so-heratioas to die edsftg bp"ft b pnposeL Thb is due to the mae change being o* for the redeslgsatlon athad asid Inclusion of A! aces hria a General Cemateretsl DWK aN aa7 petestbf impseb art hs sOwle is saordaace to CRQA when RudBe projects are sobmditd M a sae-bysnt bait: The two subject parcels are being parehased by the Azure bim Church the dwir school ezpeadom and will he used as a playgroaed area. AltkoeO the zone chaage w® not malt in dteratiosn is the esbdag topography, rough grading on the subject parcels has bees approved to conju ctloa vAS g adfag and construction of flee sew Azare 131l:s Child Snatstry Center just east of the subject lob. Ezlsthsg topography of the subject am It fiat 2. Au Will the proposal result im a{, SubsWU arc eai:s x= at detencra000 of ambient air qw*. aaaon of objectlow6le odoa. aheratioa Of sec movement? ft The mot champ" boa BRSP-VC to BRSNAF wM net after the current sir gtadtlr or dr deer yes. The arrest zoning of BRSP-VC (Baroo Road Specific flan - Map Comsserdal Dbtr" district Is designed to aaommedate specialty aces sash a ales, bakak% gift ahepe, O"M AOM book stores, and oher shiny commercial retail an of a seek sad gaality dot In esmpadbk wft s pedestrian oriented vOfap strospbere. The proposed BRSF - AP (dartoa Read Specific !Peen - AdmisbtntiveRrofessbaai Oboe District) district Is intendot is eeeomaodalo pnfessloaaVadmisbtMdve office ass sad personal service ass as opposed to odes eommadd retail sea. Typkaft, axe taelude medical sod beahh are disks, travel apaefss, bums" agenda, wad copy centers. Outer W ass coasbt of executive, mssagewen% admialstraft or clerical sn hooding lie establishment of branch offices, data procaft caters and the provision of ensalfstba establishmeab of a professional satars. Raoabg (dowaoalnW the two subject parcels from VC I• AP will reduce say poUMW Impacts a devdopmat may have $a parklog, lobe, and vehkalar b* geaendos, because ofsa asses require L less parfdag and gesersk gew to less sobs. Aran Hills is Is tie process etpareh:sug the two :abject pwreeb to bWM a pbWoand area for the exbdag educational his bated an as adjoining pareeL TU rcwsbg is necessary for he operation of Azsn Bilk edecs6nal helift which is a permftted are is the AP district (Chan bes sod hints Sdw* associated wMh ds ebareh an Permitted -Table 1, Land Use Matrix of the Bartea Road Specifla Plan). Valuable spes spec for recresdoaal psrpwa were compromised in order to provide additional off-street parldag aad aL-Ante paridng hazards arowad the Azure His Clkwcb property. Due Is the het that the peopaed playground b an aneMary activity assodated with the exbting and per=MW ebareh us, a moss civage b preferred rather than proposing a zoning ameadmest to Include playgrounds lots the cds&g VC dishier. For cmmple, including a pbygmead use not associated wit a Day Can Ceahr LwwwedWith s CUP) Isla the VC iistrkt would sfgaitkandy bnpact the latest *(So VC district which Is eommerdd retsl aeon of a sale and quality that Is eompatible wlh s pedestrian oriented v@iage atmosphere (spedWW robs shops} The proposed zone cbnp also requires a chsage to else General Piss Land Use Map. The General limn carready desigasta he two subject pawls as General Commercial (G4 The proposed moss j &sap Is justifiable because it is consistent with The General Plan's has Assatmeat wM states: �-J opmentioa of strip coa mercid ass aioag Barton Road b a major coaeem it is de intent of the General rya that new commatial ass be arehtly ansitored. New hued counwreld projects ._._,.should be Hmked and prevented wberever po~ This supports ells observation that de proposed lob an bolsted trot botti a pbydW and vbaal penpestly% so commercial dwdopmsst should be dbcoarapd. Tlerefor% the General Plan Laad Use Map chase hem GC to OC will be in compliance with the Cesusl Pan Goals and Policies, and he Barton Reed Spedfie lira moss ehaoge from VC to Alp will also be coasbteat wih he General Pon Last Use Map, Goals and PoWm Ail htafe deveioposent will be reviewed for compliance of de Barton Road Spedfie Has regalremeatr. MkIptka Messnnra In she event Ann His develops as ins two sobject lets, a requinant dos a bt ssUW et ins two subject left wits else ssbtisg Assn H®s properly will be requiraL This measure will reduce he impsM (L& lack of Marrs parift and pbypomat AMMOS) is tie evert Arun Offs sells he subject parcels for offks deveiopmeat. I Compllsece Time Period: Frfor to issaaace of building permits for developmeaL Ann HIDs SDA Cbereh 9. NsmW Resources. Vrdl else proposal result is: I v arts Use of substantW aasonats of W or energy or laame the dananO No. The some dmp trot+ BRSP-VC to BRSF AP wM not dffeet be feel npplla K imeVeaae dw deMA Thb b dWto the mere d&M bdmg ate► for de rededpadoa of land sad Nelasian d AP nw isto a Gemenl Comm=W Dbut% sad my potential hopads wM be reviewed Is accordance to CEQA wiles spedde projects are nbakted on a oae-by-ome basis. 16. Utildx . Whin the proposal resuh In a need for new system or substaadal akcntions to the fa WA* uUMN L No. The mere cb&W from BRSF-VC to BRS>r AP WM ad aunt is new power sad pa aydeas. Ttib b doe to the none chap being o* lbr tits ndeftesdoe of land and brftdn of AP ass Into s Gem" Commereld DbhK and nay polem W fapseb w®bo revkwd b sccordtm to CBQA when gwdfk projects are sobakted on a ose-by-one bash b. Na. The nose cbur from BRSP-VC to BRSr-AP wM not resak IN new gran ndeatba lFdemL This is doe to de none dmp being one► fbr Ge rededgaatton of lud and is aslon of AP an Into a General Commercial Dbtiick and any pokmtW impacts will be reviewed IN accordance is CEQA when specidt projects are nbakted u a one -by -one UOL C. No. The zone change bm BRSP-VC to BRST-AP wM not rack to new water systems or alter **ft ones. This is doe to the seat chaage being only for the eednipadom of lead and inclusion of AP ass into a General ComaerCW Districk and say Potential Impaeb will be reviewed Is accordance to CEQA wben specific projects an sabakted on a one-by-oae bast. d. No- The zone change tiros BRSIP VC to BRSIP-AP wM not result in am sewer and sepde bib. TU k doe to the zone cheap being ono for the redalpatba of land and ladsloa of AP ass brto a Caawl Commuc al D s&K sad any potential lapeets w® be reviewed is accordance to CEQA wbs specific projects are saboddW on a one-by-oae bads. L No. The zone el sage lirom BRSt VC is DRSP AP wM mot remit is the need for new soM waste sad disposal systems. Thb Is dui to die zone dmp being only hr cite rededgudu of Ind sad isclaslom of AP an iste a Gemerml Commercial DWK sad any potential Wpadt w® be reviewed is accordance to CEQA when spedlk projects are submMW on a one-by-m basis. 17 Human Hedbb. Wr71 the proposal rank a. a-b CmWoo of any bmM board of upame OfPeoPIC to potential Wards? No. The zone change flea BRS!-VC to ORO AP WE not isvotvs beaitb board situations wMcb could aged the pablL nk Is duo to So zone ehup being oats far ttio rsdalgesdoa ofland sad kclasioa of AP osm hits a Cema d Conies W Dom► sad any pokuM Impede A be nvk n is accordance to CEQA when specifse projeels are nbaittod u a oaaby-ome bu L IL Aesdwtres. Will the proposal msuk m 6c obsuvaiam of nay scenic vista or vww open to dw public or will the Proposal asuk in the aesdom of oRensive sift? No. The mere chaage tba BRSP-VC M BRA AP wM not obslr ad say weak vistas or view Well to the public or create u offensive sits. nb is doe is tie zone Change bdag only For tie redaipsdm of bad and imdasiom of AP on info a General Cmnwc l DFs ft ad my poteadd Fopoets wE be reviewed Is accordance Is CEQA when speeffie projects are sabuMed on a oa*416 one basin. 19. Rareadm WM the poposal result in as WVW upon 69 9006ty Of fundty ofezisdog teaeatioad apPorrooitled bets. TM h dw to the zone change being only for tie redeslgaadu of land and lacladoa of At sses lot* a Ceaaai Commercial Dbt K and any poteadal Impacts w® be rewlewed V secordaaes to CZQA when specific projects are rebaltkd to a oae-by-oae bull �lpg6l�_rpiaaous�iFarieao1e9702b 1 a� ate. ��,�+��'�♦♦♦ /, �� 6� ♦��� 1♦ 1 �� ♦ *,�/► t� 1-� � � ����/ 1 '!-cif• 1 MIN UP 10 ilk r ��111:�I�..i,!■1l.111!!11//1I11! 1"i f "•.: I a , /r a � ■ �...�+■ �� , � 1 /IIIIt1111 '� 11t111'N!!1 �� ,iltl*/11111i •��I ,] ...,� ��Itltllli►`■11 111tl.1111,.�� ■ . I �� 111 ■.s..- f�1111lIIIIIr .../1� ■L i�1Nl..... �1,11111■lli/fit i����� ■■ li-ligionallim, 'A Ir vim All ago I �■.■�tun.■sn■n1,1� tut,untr.� l!!Il 1111111 Alm HOUR I .s,.s„■,.s■ i I 11111 11r` ■ - ■uuns■ss■ rutlt Ins m �11111 : 111�11....s■ .�,Iltlll,. if��„■ .,,,1all ,Is alllllllllllt► �' •' i111��'�il\ ��� ■ ~ � til 1 N h•yL � ■ �..k ]Int i ol V.10/00/�rz. ��////I//f //,I_f////////f///f////f/f.//% ti rr r vl s r v t�` tt n .•.•': i •: `: `%�I�/ ^'-� �)/ •r %% � !✓�,�,✓!s� r ,r - ,r r �, r � �. hf�X „r l) r � t- )!i•i:• i•. �••••••• � I I.. r'.I t ,r'/ / �� � 1/� J//.t� � / • rI / r •.� J .iti��t-.� � r rti.r r U! ••�••• • . •`••: i : /,. I'.. � I��� � 1/// fir.. .. .,..,;M1r.�:'> �,'• i•:::• :�•1 r I�I�I �i..! 1`1�.••�••••••••• • i sag* —"fir'"' iNMi�N i� vh siJEJ WOOW. `•ice' •'•'i•�':'i::'. �„� ;::• ••••1• •!•. ! •.' � � ••: vim.: :,.•,�•I.'MOM ,a"N ". "ww"l Q a fti� t rr t +-`1 ',I �vr'�y�.�r 4 v�r{c�.. � ■ :f� / ` r�(:) r �. � •�'�t J�lr F� 1�J �•r ✓ �4 3 C �. :f Jln'..y. 1 �. 1 �.t• �4 r'r�- rJ i _r r. �' .• S �. '�` � Srt� r ,`�C r)r �� C � f f, K } r ............ 1 r yr ti J` .'P J f t V rI r tt J ` tr, :>4 r � r t� i Cr t� t r ''. ,r'•: ..r �. kxK.... t... . r .,,!' t _ti'•, ': 4 al 'fir .■. ■� �■ i ■�rn�rlHsll�s�r :fIN7` :FAIN:! kneaded DK5F 5nbsn Reference Map EXHIBIT 11 s I 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 earGet possible date is appreciated as the next sclwol year begins August 25,1997 This letter accompanies the application form, the fa, and a conceptual site plan of parcels #66 & #7 �( J Tom Maya Administrative Pastor enc. copy of July 29,1996 Letter of Intent NO Heahh dt Safety Performance Standards, pages 181 dt I&I cc Roger Heiwich, Vice President, SE Calif Association of SDA t PLANNING COM USSION MEETING MINUTES PAGE 2 APRIL 179 W AN APPLICATION FOR CONDITIONAL USE PERMTf AND ENVIRONMENTAL REVIEW A BUSINESS WHICH PERFORMS SMALL ENGINE REPAIR AND SALES OF LANDSCAPING EQUWAENT, PLUS RENTAL OF U-HAUL VEHICLES. JOHN W. OWEN (JOH WS LAWN MOWER SHOP) 21893 BARTON ROAD, GRAND TERRACE, CA MOTION kW-97-17 Commissions Van Gelder made a motion to continue this agenda item to the neat 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 Nilson joined the meeft. ITEM 02 ?, 97-02/E 97.03 AN APPLICATION FOR A ZONE CHANGE, ENVIRONMKNTAL REVIEW, AND AN+ffiONMr j OF THE CITY OF GRAND TERRACE MUNICIPAL CODE BY PROVIDING REGULATIONS REGARDING THE LOCATION AND DESIGN OF WIRIZFSS CONr MU IICAlWW FACILITIES 'TO BNSURS THAT THE INSTALLATION OF SUCH FACIIdTIES WELL NOT BE DR tUdFNTAL TO THE PUBLIC SEALTS, SAFSIY AND WELYAR& CITY OF GRAND TBRRACB COMMUNITY DEVELOPMENT D19PARTMWr CITY-WIDE Staff report was prwaud by Associate Planner Larry MAiWL were mace of Suzatm Cannmd= from PacBell and David Seidel from San Bermrdmo County Radio Opsations Division who were both present to answer questions. Mr Mainez started by going over the cbanges requested by the Planning Commissioners at the meeting of April 3, 1997. - -- pap 4, paragraph 4 -The sentence referencing the minimum me of evergreen trees is amended to indicate 490 size boxed tree: Page 4. paragraph S - The rega =e0t to put base transceivers w0ergrwnd was stricken. Page S, paragr� 4 - The last sentence was stricken regarding the height limn. Page S, s - waives the required 800, distance betweea struclim off the SUOMI* is concealed by an existing Muctm wWati-W wilh the sarrouft neighborhood.' j4 PLANNING COM1ViISSION MEETING MINUTES PAGE 4 . APRIL 1791997 Staff recommended the Planning Commission recommend to the City Council approval of the proposed ordmance as amended Z30 p.M• pUBLIC HEARING OPENED Z34.P hL PUBLIC HEARING CLOSED � ` MOTION PCM-97-18 i 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 camel. 6-0-1-0 Commissioner Addington absent. A ITEM 03 Z-97-01/E-97-02 AN APPLICATION TO CHANGE ZONING OF TWO PARCELS ON CITY CENTER COURT AND THE ASSOCIATED ENVIRONMErITAL REVIEW. SOUTHEASTERN CALEFORNIA ASSOCIATION OF SSVENT'H DAY ADVENTLST/AZURE HUI S.D.A. CHURCH 1 PARCEL NUMBERS 277-161-32; 277-161-33 CITY CENTER COURT, GRAND TERRACE Associate Plaanar harry Mahm presented the stiff report. He :Lowed an overhead pmjecbm of an outline cdardymg goals to be aovompGahed at that moeti g The purpose of project is to allow the expansion of the Azure H8b Seven& Day Adventist QNuch for a playground area for the private school axleam Staff a negative declaration on fde project. Mw Parcels are currently in the Barton Road Specific Plan VMW 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 Education Cam, - to the South is residentW low deasity; and - to the west is medium density residential Mr. Mainezz said de Church u carrea dy m escrow to bay the subject loft to be used for a playground. lit former playground was bat to a puking bt a: neoe d=d by Pademg congosdom A conc eptUl plan for the PlaYg=nd as prepared by Appiicaat was d dnUW to each Manning Commissioner. PLANNING COMMISSION MEETING M]NUTES PAGE 6 . - APRIL 179 W used. With his experience as a risk manager he said be feels chain link fencing is best for any school fcilsty 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 player will have an adverse effect on her quality of five. She said she is hopeful the Church will bM a block wall between the properties wuh shrubbery. Linda Pennk& 1650 Rawsgate M 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 mindful of lice surrounding neighbors and concerned about the noise factor. The school anticipates the layout of titre playground equipment will be such as to keep the noise well away from the fencer of neighbors. j v Chairman Sims asked Ms. Penick about the conceptual playground layer presenwd to each ,PWmmg Commissioner at the beginning of the meeting Ms. Pick said she was involved in development of this `wash list', a result of a brainstorming session and that all of the activities indicated on the plan can be rearranged on the playground. IDebbie Stottlemyer 22M8 Cardinal St. ;Grand Turace, CA She said she is Chairman of the Azure Hsi Ekmentary School Board. She said ha property is adjacent to the playground of the junior high school. She property bas a chain link fence separating it f om the school playground and all shrubbery h to a iiii of the homeowners. She said it adds to adds to the value; of community pseopesty to Issue good quality education in the schools, including adequate playground area. She said she appreciated staffs help with the plan for this project. There is currently no playground at the school. S!18 p,hL PUBLIC HEARING CLA)SO. - - I Chairman Sims asked Director Materaad for a clanfication regarding staffs rcc on to admini4trstively review and approve the actual player per• 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 foe comments and j APRIL 1791997 -- MOTION PCM-97-20 Chairman Sims 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 con idewe in staffs ability to do an administrative review of the playground and does not feel the Planning Commission needs to review a &cuss 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 win ensure compatibility of design. He said he supports the church and the idea of a new playground but lash the Planning Commission needs to have a say in the process. Commissioner Huss asked Director Materassi if a Planning an review the file when an admmistrative review is conducted. Director Materassi said a Commissiimer can look at the file however there is no process for input from the C'onnmiss><oner, as it a a process involving the applicant, staff and the adjacent neighbors. Vice -chairperson Van Gelder called for the vote. MOTION VOTE PCM 97-20 Motion carved. 4-1-1-1. Commissioner Huss voted `no", Commission Wilson abstained and Commissioner Addington absent. WADI AkV1 01: "1I:1I ,JWI V'WI1y:IYY .6Ito) ",1/1►1 ILIt.: , 9:30 P. . • 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. Commoner Huss asked about the status of compliance w9h conditions of approval by Golden Aluminum. Staff responded that just this week Golden Aiumiu m presented the result of their 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 N 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 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 Citys Aesthetic, Cultural, and Recreational Resources " q) A R I COUNCIL AGENDA REM # 70 � � k r L.� 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 fi-equency 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 Facihties: 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 unpact 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 right-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 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 of 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 h _ 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 proximity 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 requued findings provided under Chapter 18 86 of the Grand Terrace Municipal Code i 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 18.71.070 Zonine 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 Time 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 buildmgs shall be architecturally designed, screened, concealed and/or disguised to the maximum extent necessary to mitigate aesthetic unpacts 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 j discrete repeaters proposed for the facility 4 Elevations Prior tb project review and approval, applicants shall provide the City with dimensioned elevations of the antennae and 9 Section 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 Ch�rnte� r 18.71, Section 3 Grand Terrace Zoning Code Chapter 18 06, Definitions, is hereby amended to include the following I / I / I ! MOW! MOOI / and television sigw& and non-commerciasatethtedishm 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 fiill force and effect at 12 01 a m 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 Fist 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