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07/22/199922795 Barton Road Grand Terrace forma 92313-5295 Civic Center (909) 824-6621 Fax (909) 783-7629 Fax (909) 783-2600 Byron R Matteson Mayor Dan Buchanan Mayor Pro Tempore Herman Hilkey Jim Smgley Lee Ann Garcia Council Members Thomas J Schwab City Manager FILE COPY July 22, 1999 CITY OF GAND TERRACE CRA/CITY COUNCIL REGULAR MEETINGS 2ID AND 4' Thursday - 6:00 p.m. Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 � 1 �' 1 m 1 1 1 CITY COUNCEL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road JULY 22, 1999 600PM THE CTl`Y OF GRANT? TEJMCZ COMPLIES WITH T F. AMERICANS WITH DISABILITIES ACT 0.919". IF YOU REQWU SPECIAL ASSISTANCE, TO PARTICIPATE IN THE MUTING, PLEASE CALL THE CITY 0=1 S OVFW9 :.T (909) VM-W1 AT LEAST 48 HOURS TRM TO THE MEETING IF YOU DESIRE TO ADDIMSS THE CITY COUNCIL DURING THE NESTING, OTHER THAN UNDER PUBLIC COM111EW, YOII ARK ASWD TO PLUM COMPI,,E,T#< A RZQUW TO SPEAK FORM AYAH AM AT THE BAND PMENT IT TO THE MY CLZRJL SPEAKMM VIXL $E CALLED UPON AY THE MAYOR ATTRE APPROPRUTXT * Call to Order - * Invocation - Dr Tom Harvick, Colton Christian Church * Pledge of Allegiance - * Roll Call - STAFF COUNCIL AGENDA ITEMS RECOAENENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY Approve 1 Approval of 07-08-99 Minutes 2 Approval of Check Register CRA072299 Approve 3 Proposal to Outsource Tax Increment Reporting and Various Approve CPA Required Reports ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1 Items to Delete 2 SPECIAL PRESENTATIONS Now 3 CONSENT CALENDAR The following Consent Calendar items arc 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 Crtruen may request removal of an item from the Consent Calendar for discussion. Approve A. Approve Check Register 072299 B. Ratify 07-22-99 CRA Action C Waive Full Reading of Ordinances on Agenda D Approval of 07-08-99 Minutes Approve E Resolution Supporting Santa Ana Watershed Project Approve Authority (SAWPA) Plan F Resolution Adjusting Planninst Commission Stipend ve RENDING C R A APPROVAL 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 July 8, 1999, at 6 00 p.m. PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Tun Smgley, Agency Member Lee Ann Garcia, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Patnzia Materassi, Community and Economic Development Director Virgil Barham, Building & Safety Director Lt Pete Ortiz, Sheriffs Department ABSENT: John Harper, City Attorney U • • • • tom' CRA-99-44 MOTION BY AGENCY MEMBER HMX EY, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 5-0, to approve the June 24, 1999 Community Redevelopment Agency Minutes CRA-99-45 MOTION BY VICE BUCHANAN, SECOND BY AGENCY MEMBER GARCIA, CARRIED 5-0, to approve Check Register CRA063099 and CRA070899 &Igaej' � 1 - • •I quo)=IW*tWl ALSI&IIt ITIT11211M • 1 CRA-99-46 MOTION BY VICE BUCHANAN, SECOND BY AGENCY MEMBER SINGLEY, CARRIED 3-1-0-1 (AGENCY MEMBER GARCIA r cm AGENDA ITEM NO. PENDING C R i PPROVAL PAGE 1 - -w t CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE JULY 22, 1999 CHECK REGISTER NO 072299 OUTSTANDING DEMANDS AS OF' JULY 22,1999 CHECK NO VENDOR DESCRIPTION AMOUNT 13028 PACIFICARE OF CALIFORNIA HEALTH INSURANCE FOR JULY, 1999 40042 13030 INLAND COUNTIES INSURANCE COMPANY LIFE INSURANCE FOR JULY, 1999 1526 10332 CASH CASHIERS CHECK TO CAPREE ESCROW FOR PURCHASE OF PROPERTY AT 22687 LARK 103,736 00 42209 DAN BUCHANAN STIPENDS FOR JULY, 1999 15000 42219 DRUG ALTERNATIVE PROGRAM LAWN SERVICES, HOUSES UNDER REHABILITATION 14000 42222 LEE ANN GARCIA STIPENDS FOR JULY, 1999 15000 42223 CITY OF GRAND TERRACE WASTE WATER DISPOSAL SERVICES FOR HOUSES UNDER REHABILITATION 7740 42226 HERMAN HILKEY STIPENDS FOR JULY, 1999 15000 42231 JOHN LAMPE TEMP PLANNER 7/1-7/13/99 43524 42233 BYRON MATTESON STIPENDS FOR JULY, 1999 15000 42235 CATHY PERRING TEMP PLANNER 7/8/99 13000 42237 PETTY CASH REIMBURSE PETTY CASH 1171 42240 PRIMELINE DESIGN/DRAFTING DESIGN FOR PARK REST ROOMS PROJECT 1,14000 42250 JAMES SINGLEY STIPENDS FOR JULY, 1999 15000 42242 RIVERSIDE HIGHLAND WATER COMPANY WATER FOR 12466 MT VERNON 886 42251 DAVID SMITH SIGNS NO TRESPASSING SIGNS, HOUSING 63142 REHABILITATION PROGRAM 42256 STONEWOOD CONSTRUCTION RETENTION FOR REHABILITATION OF PROPERTY AT 22644 VAN BUREN 7.08511 42268 YOSEMITE WATERS BOTTLED WATER FOR HOUSING REHABILITATION DEPARTMENT TOTAL 114,568 22 CRA of the CITY OF GRAND TERRACE .......... ..........0........--- --_. ....._..-------- -------------- --------------- - - - - -- ...------- .',�TA-REEORT- -F>ENNAI�IEE DEPARTM�igT:- CRA ITEM (X ) COUNCIL rrEM ( ) MEETING DATE July 22, 1999 AGENDA ITEM SUBJECT PROPOSAL TO OUT SOURCE TAX INCREMENT REPORTING AND VARIOUS CRA REQUIRED REPORTS FUNDING REQUIRED XX ($10,000 Appropriation to Low Mod Income Housing Fund account#34400-251) NO FUNDING REQUIRED Background Finance Department is seeking to reduce costs in response to the defeat of Measure E The only possible direction to make major labor reductions is in the area of out sourcing general and special accounting tasks along with the elimination of other services such as accepting utility "other bill" payments and the billing and collection of the Grand Terrace sewer billmg Council has approved the Finance Department reorganization which includes the elimination of of both accounting technician positions by the beginning of January 2000, with the retention of the accounting clerk position and potentially some as -needed part-time help Proposal Finance proposes to out source a package of duties to an outside consulting firm to track and compile the necessary data and documentation to calculate the CRA - Colton Joint Unified School District pass through in accordance with the agreement, the 20% Housing Set Aside requirement H & S code 33334 2 and compile all CRA pass throughs, to over lapping taxing entities This information is also necessary for the completion of CRA annual Statement of Indebtedness required by H & S code 33675, for the annual report of the Community Redevelopment Housing activities and use of Low & Moderate Income Housing Fund required by H & S code 33080 1-33080 3, for the CRA annual report of transactions and CRA project area annual report of transactions required by H & S code 33080 -33080 4 The firm of Rosenow Spevacek Group, Inc, of Santa Ana, has proposed to undertake all the duties and completion of all reports mentioned above for a price not to exceed $10,000 They propose to begin immediately for the FY 1999-2000 tax increment administration year and all FY 1998-2000 annual reports due after July 1, 1999 -1- cw► AGENDA new Na 3 ROSENOW SPEVACEK GROUP, INC Via Fax/First Class Mad July 14, 1999 Mr Bernard Simon, Finance Director CITY OF GRAND TERRACE 22795 Barton Road Grand Terrace, CA 92313-5295 PROPOSAL FOR TAX INCREMENT ADMINISTRATION SERVICES Dear Mr Simon It was a pleasure to meet with you last Friday to discuss your Agency's redevelopment needs Based upon our conversation, we have prepared the following proposal that outlines a scope of work, fee schedule, and estimated budget to assist the Finance Department with its tax increment administrative duties For two decades, RSG has provided redevelopment admnrustratnve services to over 50 redevelopment agencies in Southern California Many of our assignments involve ongoing monitoring of tax increment revenue disbursements, calculation of annual pass -through payments, and completion of various annual reports for redevelopment agencies in the cities of La Quinta, San Marcos, and Coronado In addition to the aforementioned activities, RSG has also prepared annual and long-term capital improvement budgets, cash flow analyses, and bond fiscal consultant reports SCOPE OF SERVICES Below, MG has outlined a scope of services for our engagement with the Agency VenfyrTrack Tax Increment Disbursements from County Auditor -Controller RSG will obtain copies of the remittance advices received by the Cnty's Finance Department and develop a spreadsheet log system to track and verify the accuracy of the County's disbursements and calculation methodologies The purpose of these activities will be to a) ensure that the Agency is receiving the tax increment revenue which it is entitled, and b) confirm that the County Auditor -Controller is accurately calculating County-admunstered pass -through payments to the various taxing entities On a quarterly basis, RSG will provide the Agency a report which summarizes current period, year-to-date, and remaining balance of 540 North Golden Circle, Suite 305 - Santa Ana, CA 92705-3914 - Telephone 714 5414585 - Fax 714 836 1748 San Diego 760 967 6462 - E-Mail Address RSGINCCACaol com IMF 5 '',AHsi 3�r cc `1 jfr 'S Y, 4 Mr Bernard Simon, Finance Director CITY OF GRAND TERRACE July 14, 1999 Page 2 the tax increment revenue disbursements from the County Auditor -Controller The summary will be supplemented by an analysis for each corresponding remittance advice In addition, as material events surface, RSG will alert the Agency and the County Auditor -Controller to any problems identified in this venfication activity 2 CoMlete Statement of Indebtedness By October 1 of each fiscal year, the Agency is required to file a Statement of Indebtedness with the County Auditor -Controller RSG proposes to work with Agency Finance Department staff to collect the necessary baseline information and prepare the Statement of Indebtedness fors for Agency staff signature During the month of August, RSG will collect the back-up data and return a completed Statement of Indebtedness to the Agency for its review and approval no later than September 15 3 Calculate Annual Pass -Through Payment to Colton Unified School District At the end of each fiscal year, the Agency is responsible for making a pass -through payment to the Colton Umfied School District On or about June 30 of each fiscal year (following receipt of the year-end recap from the County Auditor -Controller), RSG will calculate the Colton Unified pass -through payment based upon the provisions of the Agency's pass -through agreement RSG will provide the Agency with a written report which identifies our calculation methodology and annual pass -through payment amount. 4 Complete Annual Reports to State Controller and Department of Housme and Commumtv Development By December 31 of each year, the Agency is to submit to the State Controller's Office and Department of Housing and Community Development annual reports relating to the Agency's financial and housing activities for the prior fiscal year RSG proposes to complete these forms for the Agency based upon the audited financial statements and documents from staff relating to the Agency's housing activities On or about November 30 of each year, RSG will deliver the completed reports ready for the Agency's approval and signature 5 Additional activities, as assigned by staff ASSIGNED STAFF Y 1� The project team assigned for tlus engagement will include Fehse Acosta, Principal, James C Simon, Senior Associate, and Gary Gyves, Analyst Resumes of each of these individuals assigned for this engagement are included at the end of this letter mmtavmzlWM1bn.a ` I r 0 1 FELISE ACOSTA PROFESSIONAL EXPERIENCE Rosenow Spevacek Group - Principal Project Manager for clients requiring services in redevelopment, planning, economic development, finance acuvities and developer/public sector coordination Specializes in redevelopment project area implementation and formation, economic development programs, redevelopment and bond financing Has directed the creation or amendment of project areas for the Cities of Buena Park, Carson, Fontana, Palm Desert, Poway, Orange, and the Inland Valley Development Authority ONDA) for the Norton Air Force Base and the Victor Valley Development Authority for the George Air Force Base Project implementation experience includes coordination of Disposition and Development Agreement process for redevelopment agencies, development pro forma analysis, the acquisition, relocation and disposition process required for project implementation, commercial and residential rehabilitation, and local agency financial analysis and planning for numerous clients throughout southern California. Project manager for fiscal consulting services in support of over $600 million in tax allocation bonds Clients include Cities of Bell, Big Bear, Carson, Cudahy, Chino, El Cajon, IVDA, Monterey Park, Palm Desert, Poway, Rancho Palos Verdes, Redlands, San Bernardino, Sparks (Nevada), Taft, Torrance, and Vista. City of Buena Park, California - Community Development Officer Directed and managed the activities of the Redevelopment Agency, the Csty's HCDBG and Economic Development programs supervising a staff of seven, an annual budget of $14 million, and two Redevelopment Project Areas totaling over 1,000 acres Was responsible for Agency's cash flow and preparation as five year financial umplementation plan, directed the Agency bond financing program Managed numerous site assembly projects Negotiated with developers for acquisition and development of sites in the project areas, acted as chief staff Laison with Redevelopment Agency Board, Project Area Committee, and Citizens Advisory Committee City of Carson, California - Assistant Planner Staff to both the planning and redevelopment divisions responsible for current and long-range planning projects, environmental review, and planning support for the block grant program. Orange County Transit District - Planning Aide Staff support for Rapid Transit-Comdor Study Responsible for conducting and analysis of land use study of potential station locations EDUCATION B A Cahfornia State University, Long Beach - Urban Geography PROFESSIONAL AFFILIATIONS National Association of Housing and Redevelopment Officials, Southern California Chapter California Association for Local Economic Development Rosenow Spevacek Group, Inc Staff Resumes 1 v GARY M. GYVES PROFESSIONAL EXPERIENCE Rosenow Spevacek Group - Analyst Responsible for assisting with redevelopment plan amendments, project planning, market studies, budget analysis, research, fieldwork and document preparation Responsible for the preparation and analysis of sales tax, property tax and other municipal revenues Assists in the preparation of fiscal impact reports related to incorporations and annexations Assists in the analysis of the feasibility of project and related real estate acquisition Mr Gyves has worked in this rapacity for the Cities of El Cajon, Lawndale, La Quinta, Covina, Fontana, and Sparks, Nevada Wall Street Relations Group - Analyst Responsible far the research and analysis of comparues and their iesp-cove industnes looking for funding or public relations Assisted in helping clients with initial public offenngs and secondary offerings Wrote press releases associated with new development for client comparues EDUCATION B A Califonua State University Fullerton - Finance Rosenow Spevacek Group, Inc Staff Resumes PAUL 1 f' CITY OF GRAND TERRACE DATE JULY 22,1999 OUTSTANDING DEMANDS AS OF CHECK NO 13025 13026 13027 13028 13029 13030 13031 13033 13034 13035 13036 13037 42205 42206 42207 42208 Z 42209 n 42210 F 42211 42212 r 42213 42214 42215 42216 42217 42218 �42220 VENDOR STATE OF CALIFORNIA, CONTROLLER COMCAST CABLEVISION U S POSTAL SERVICE PACIFICARE OF CALIFORNIA METLIFE INLAND COUNTIES INSURANCE COMPANY NORMALISA CARDAROPOLI COMCAST CABLEVISION RICHARD ROLLINS MMASC INLAND EMPIRE LEAGUE OF CA CITIES COMCAST CABLEVISION SANDRA AH SUE AMERICAN PLANNING ASSOCIATION BANK OF AMERICA LILLIAN BARNES DAN BUCHANAN BURTRONIC'S BUSINESS SYSTEMS CA ASSOC OF PARKS & RECREATION STATE OF CALIFORNIA CENTER FOR APPLIED RESEARCH IRENE CLOSE CITY OF COLTON COMP RESOURCE DATA TICKET NATHAN & LINDA DOCHERY EVERGREEN LAWN & TREE CARE JULY 22, 1999 DESCRIPTION PENDII CITY COUNCIL PROVAL CHECK REGISTER NO INFORMATION FOR AUDIT CASH PAYMENTS FOR 7/6/99 POSTAGE FOR UTILITY BILLING HEALTH INSURANCE FOR JULY, 1999 LIFE INSURANCE FOR JULY, 1999 LIFE, DENTAL & VISION INSURANCE FOR JULY, 1999 BIRTHDAY BONUS CASH PAYMENTS FOR 7/8/99 MAINTENANCE AND OPEN/CLOSE PARKS, JUNE, 1999 REGISTRATION FOR CONFERENCE, COMMUNITY SERVICES REGISTRATION FOR MEETING CASH PAYMENTS FOR 7113/99 REIMBURSEMENT FOR PRINTER CABLE MEMBERSHIP FOR 1999/2000 REFUND, WASTE WATER DISPOSAL SERVICES REFUND, WASTE WATER DISPOSAL SERVICES STIPENDS FOR JULY, 1999 USAGE ON RICO COPIER MEMBERSHIP FOR 1999/2000 ELECTRIC FOR LIGHTS AT BARTON/215 PUBLICATION FOR CHILD CARE REFUND, WASTE WATER DISPOSAL SERVICES WASTE WATER DISPOSAL SERVICES, JULY, 1999 OFFICE SUPPLIES PROCESS PARKING CITATIONS REFUND, WASTE WATER DISPOSAL SERVICES PEST CONTROL AT PARKS, JUNE, 1999 _ 072299 _ _ _ _ AMOUNT 10000 12262 50706 8 470 91 88553 1 340 97 5000 11458 83000 16000 12500 19913 5082 28500 20025 3600 25000 404 16500 4297 3732 2940 68,171 85 14847 10000 1800 16500 PAGE 3 DATE' JULY 22,1999 OUTSTANDING DEMANDS AS OF CHECK NO VENDOR 42253 SOUTHERN CA EDISON COMPANY 42254 SOUTHERN CA GAS COMPANY 42255 M L STERN & COMPANY INC 42257 SYSCO 42258 SHERVIN TEHRANCHI 42259 UNDERGROUND SERVICE ALERT 42260 USAA LIFE INSURANCE 42261 WALMART 42262 WAXIE 42263 WEST GROUP 42264 WESTEC SECURITY GROUP 42265 WESTEC SECURITY GROUP 42266 WESTERN EXTERMINATORS 42267 XEROX CORPORATION 42268 YOSEMITE WATERS 42269 YOUTH TODAY 42270 PAVENNA ZIBELL CITY OF GRAND TERRACE CHECK REGISTER NO 072299 JULY 22, 1999 DESCRIPTION ELECTRIC FOR STREET LIGHTS AND POLE IN R/R PARK GAS FOR CITY OWNED FACILITIES LEASE PAYMENT FOR 97-01 BOND ISSUE FOOD FOR CHILD CARE INSTRUCTOR, KARATE & TODDLERATE ALERT NOTIFICATION FOR JUNE, 1999 LIFE INSURANCE FOR J SINGLEY (6 MONTHS) PROGRAM SUPPLIES, CHILD CARE JANITORIAL SUPPLIES FOR CHILD CARE CALIFORNIA CODE UPDATES SECURITY FOR SENIOR CENTER (3 MO) SECURITY FOR CHILD CARE CENTER (3 MO) PEST CONTROL FOR CITY OWNED FACILITIES MAINTENANCE/USAGE FOR XEROX COPIER BOTTLED WATER FOR CITY OWNED FACILITIES SUBSCRIPTION FOR CHILD CARE REFUND, WASTE WATER DISPOSAL SERVICES I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF THE CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY BERNARD SIMON FINANCE DIRECTOR AMOUNT 3 443 17 20046 15,780 04 42865 45500 4500 80826 5076 36798 10344 18600 46800 15500 44365 11560 1497 2= TOTAL 154,073 00 CITY OF GRAND TERRACE PENDING CITY CITY COUNCIL MCOUNCIL APPROVAL INUTES 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 July 8, 1999 at 6 00 p m t PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Jim Smgley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Patnzia Materassi, Community and Economic Development Director Virgil Barham, Building & Safety Director Lt Pete Ortiz, Sheriffs Department ABSENT: John Harper, City Attorney The meeting was opened with invocation by Pastor Salim Ehas, Azure Hills Seventh- Day Adventist Church, followed by the Pledge of Allegiance led by Councilmember Hilkey 4.[P!j5 Cs None SPECIAL PRESENTATIONS 2A. AQMD Update by Leonard Paulitz, Board Member Larry Rhinehart, Director of Intergovernmental Affairs for the South Coast Air Quality Management District introduced the representative for the City of Grand Terrace AQMD Board Mayor Pro Tem Leonard Paulitz from the City of Montclair Leonard Paulitz gave a brief overview of the continuing fight against smog and what Grand Terrace along with other cities can do to make a difference He indicated that the cities can promote a new concept called smart growth where less automobile dependancy is planned, improve traffic control through roadway improvements and systems that monitor and synchronize signal poles, operates police vehicles that are clean fuel vehicles, install EV charging stations, and encourage ride -sharing programs COUNCIL AGENDA ITEM nv.OU Council Minutes July 8, 1999 Page 3 Director Materassi Councilmember Singlev, reported that a two year old baby drowned just recently here in Grand Terrace and reminded everyone to be careful and aware He expressed his concern with the law enforcement cut that the Council approved at the last council meeting Councilmember ff&_U, indicated that he has received junk mail with regard to Y2K and encouraged residents to disregard this information that it is junk The Sheriff's Department has provided a flyer on how to access the information on Megan's Law and the School District, the City of Colton and the Sheriffs Department are working on something that can be distributed throughout the schools. PUBLIC HEARING 6A An Ordinance of the City Council of the City of Grand Terrace Amending Its Redevelopment Plan to Allow For Acquisition of Non -Residentially Zoned Property By Eminent Domain City Manager Schwab indicated that when the City of Grand Terrace initially created the Redevelopment Plan, property acquisition by the use of eminent domain was not authorized The proposed ordinance amends the section giving the Redevelopment Agency the authorization to utilize eminent domain to acquire property in non -residentially zoned area only In an eminent domain proceeding, the Agency can acquire non -residentially zoned land Then, the Agency must determine, through an eminent domain proceeding, a fair market value for the land and improvements, if any, to be paid to the property owner It is not likely that the Redevelopment Agency of Grand Terrace will need to utilize eminent domain, but having the availability of this redevelopment tool should bring investor property owners to the negotiating table to negotiate price and terms in good faith Mayor Matteson opened discussion to the public Fernando Bolorquez, 22238 Barton Road, questioned why eminent domain was not included in the original Redevelopment Plan. City Manager Schwab, responded thatrhe was not working for the City at the time the Redevelopment Agency was formed, however, he believes that is was specifically left out simply because residents do not like to see redevelopment agencies have the ability to condemn property Mr. BIor�uez, stated that it was his understanding that the Redevelopment Agency was set up in order to improve blight areas and/or to improve the economics of the area He indicated that he doesn't feel that the Barton Road is a blighted area He thanked Council and staff for the information that they provided. Jack Booker, 11785 Mt. Vernon Avenue, indicated that he is a charter member of the Council Minutes July 8, 1999 Page 5 Tony Petta, 11875 Eton Drive, expressed his support of the amendment of the Redevelopment Agency Plan allowing eminent domain proceedings Donald Gwinn, 22963 Palm Avenue, encouraged the Council to add an exemption of churches and schools from the Ordmance� Arlene Lee, expressed her concern with the proposed Ordinance and questioned whether specific areas could be designated Moor Pro Tern Buchanan, responded that he doesn't dunk that the City can do that Mr ftooE uez, stated that he feels that the community has offered a solution to the problem He feels that the best interest of the City should be the best interest of the population of the City He questioned if it is possible for the City to change the Ordinance as far as the condemnation proceeding is concerned to restrict only to those properties that are involved in tins project winch would enable the City to proceed against the ones that are not wanting to cooperate with the demand and all of the other properties would be excluded until a later time when there is another project Lisa Hiullberg, 6704 Carabway, Riverside, President of Townsquare Developers, who is interested in doing a project in Grand Terrace She indicated that the Council is considering whether or not to amend the Redevelopment Agency's Plan to be allowed to exercise the power of eminent domain The public is generally scared of eminent domain The laws are very strict when it comes to a public agency exercising the power of eminent domain or acquiring any property through that power Janet Rich, 11701 Terrace Avenue, stated that she is against the adding of eminent domain to the Redevelopment Plan Craig. Stahmyer, encouraged the Council to add a provision to the Ordinance exempting schools and churches Matt Bacon, 22653 Thrush, stated that the Redevelopment Agency should be concentrating on blight He is concerned with the empty businesses in the community He encouraged the Council not to use the right of eminent domain in any type of private project Corrine Robinson, 22145 De Berry, stated that she is opposed to eminent domain and redevelopment overextending what it was intended for Redevelopment should not be used for private enterprise She feels that the Planning Department needs to be more user friendly Mr. ftgM=Z-, feels that those people that are in the audience should have the opportunity to vote on the proposed Ordinance MaXgr Matteson, stated that it is the decision of the Council v r,rr x IC t i r i �i Council Mmutes July 8, 1999 Page 7 domain The City lacks the ability to participate in development efforts other than the rehabilitation housing program Councilmember Hilkel, would like to get an answer from the City Attorney on whether we can designate certain area only and would also like to know if there can be a sunset clause attached to it CC-99-119 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 3-1-0-1 (COUNCII,MEMBER GARCIA VOTED NO AND MAYOR MATTESON ABSTAINED), to approve the first reading of an Ordinance of the City of Grand Terrace amending its Redevelopment Plan to allow for acquisition of non -residentially zoned property by eminent domain 6B Traffic Signal and Circulation Improvement Fee Ordinance to be Used by the City to Construct Traffic Signal and Roadway Improvements Required as Outlined in the Circulation Element Update Study CC-99-120 MOTION BY COUNC92AE BER SINGLEY, SECOND BY MAYOR PRO TEM BUCHANAN, CARRIED 5-0, to continue the Traffic Signal and Circulation Improvement Fee Ordinance to be Used by the City to Construct Traffic Signal and Roadway Improvements Required as Outlined in the Circulation Element Update Study to September 9, 1999 UNF 41SHED BUSINESS None NEW BUSINESS 8A. Civic Center - Structural Repairs and Weatherproofing Project - Contract - WLC Architects CC-99-121 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to authorize the development of a contract between the City of Grand Terrace and WLC Architects for Design and Restoration Consulting Services on the Civic Center and authorize an appropriation of $24,200 00 from the Community Redevelopment Agency to the General Fund 8B. Review of Government Organization Memberships CC-99-122 MOTION BY COUNCII.MEMBER SINGLEY, SECOND BY COUNCILMEMBR HILI(EY, CARRIED 5-0, to direct staff not to renew the membership to the League of California Cities and CALED and to continue memberslups with SCAG, SANBAG and the Inland Empire Economic Partnership with staff providing MANAG REPORT ARTMET CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE July 22, 1999 SUBJECT RESOLUTION IN SUPPORT OF THE SANTA ANA WATERSHED PROJECT AUTHORITY (SAWPA) FUNDING REQUIRED NO FUNDING REQUIRED XX The SAWPA Program is calling upon the Legislature and the Governor to place a water bond on the Year 2000 ballot to provide funding for the SAWPA Plan. SAWPA is a joint powers agency composed of five major water agencies that represent portions of Los Angeles, San Bernardino, Riverside and Orange Counties The goal of this agency is to provide a long-term water plan that will make our region self-sufficient during tunes of drought This program will also allow us to be less dependent on water from the Colorado River and the Sacramento -San Joaquin Delta which would free that water for other users and stabilize the region during drought This program includes cost-effective underground storage for over one million -acre feet of new water It will improve water quality and safety through the creation of wetlands, open space and flood control projects that will improve habitat for wildlife Through this program we will also be able to meet the population and economic growth that is forecast for the Inland Empire area and the watershed Staff is urging support of the attached resolution for the SAWPA Plan as a step toward placing the water bond on the Year 2000 ballot to provide the fimding that is needed STAFF RECOMMENDS THAT COUNCIL APPROVE THE ATTACHED RESOLUTION IN SUPPORT OF THE SANTA ANA WATERSHED PROJECT AUTHORITY (SAWPA) COUNCIL AGENDA REIYI NO�� 3L f REPORT MANAGER'S ARTMENT CRA ITEM ( ) COUNCIL ITEM QM MEETING DATE July 22, 1999 SUBJECT PLANNING COMMISSION STIPENDS FUNDING REQUIRED NO FUNDING REQUIRED At the City Council meeting of June 24, staff prepared a number of budget cuts to address the City's deficit One of the items was to cut Planning Commission stipends, since stipends were added at a time when the City was running a surplus, and the fact that it is uncommon for cities to provide Planning Commission stipends Council made a motion, winch was approved, to reduce the Planning Commission stipends to $25 00 per month in which at least one Planning Commission meeting is held, and then to reduce City Council stipends from $300 00 to $250 The Planning Commission stipends are set by resolution and, therefore, we need to amend Resolution No 89-05 winch set the stipends at $50 00 per meeting and amend to say the stipend is $25 per month in winch at least one Planning Commission meeting is held STAFF RECOMMENDS THAT COUNCIL AMEND RESOLUTIONNO 89-05 TO SAY THAT THE PLANNING COMMISSION STIPENDS ARE SET AT $25 00 PER MONTH IN WHICH AT LEAST ONE PLANNING COMMISSION MEETING IS HELD COUNgL AGENDA ITEM N0.� ITS Community and Economic Development STAFF REPORT CRA ITEM () COUNCIL ITEM (X) MEETIf FUNDING REQUIRED X NO FI SUBJECT: Appropriation of Funds to Pursue Impl Transportation Grant RECOMMENDATION: Approval ®r new Bicycle We are very happy to inform the City Council of a new Bicycle Transportation Grant awarded to the City of Grand Terrace in the amount of $82,350, by the State of California - Business, Transportation and Housing Agency Craig Neustaedter, our Traffic/Transportation Consultant completed the application, with help from our expeditious GIS mapping, Building and Safety/Public Works Department estimates and planning staff coordination Our application was among 50 submitted and we are very proud ours was one of the 19 selected This grant will allow us to complete the bikelane and needed street improvements along Main Street to the westerly City limrts Phase I of our Bikelane/Pedestnan project will then be complete Staff requests appropriation/adjustments to the following accounts in order to pursue and complete grant implementation by June 30, 2001 • Appropriate $82,350 to the Capital Project Fund Bikelane Account #44 These funds will be reimbursed upon completion of the work • Increase the budgeted amount of $8,000 to $9,150 in the Air Quality Fund Account #15-500-607 These funds are available They may be spent for clean air projects only and represent the 10% co -funding required under the terms of the grant Attachments Grant Contract Grant Application AB 1020 Transportation Plan wk. ViauungUxUrld bikelane grwLvtN 22795 Barton Road • Grand Terrace, California 923dbb1ftL9ft0M MEM N12 i OG e i 7 Ya LOCAL AGENCY - STATE AGREEMENT BICYCLE TRANSPORTATION ACCOUNT PROJECT 8 City of Grand Terrace AGREEMENT NO BTA 8/9-11 District Local Agency THIS AGREEMENT, made in duplicate this 25th day of June 1999, by and between the City of Grand Terrace, a political subdivision of the State of California hereinafter referred to as "LOCAL 4GE`TCY11 , and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" WITNESSETH WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894 2, as implemented by regulations in Title 21, Chapter 2, Subchapter 10 of the California Administrative Code, funds have been allocated to LOCAL AGENCY for the construction of a Bicycle Transportation Account project selected by LOCAL AGENCY and described in EXHIBIT A attached hereto, and WHEREAS, under provisions of the California Administrative Code, STATE is required to enter into an agreement with LOCAL AGENCY relative to design standards, the handling and accounting of funds, time for completion and all other phases of the project, THEREFORE, the parties agree as follows t� ARTICLE I - Project Administration 1 The project or projects described in Exhibit A, hereinafter referred to as "the project", shall be constructed as provided in this agreement and in accordance with the laws applicable to LOCAL AGENCY In the event of a conflict, the terms of this agreement shall prevail 2 Construction may be performed by contract or LOCAL AGENCY LOCAL AGENCY shall prepare all documents necessary for advertising, advertise, award and administer the contract including inspection of work performed and payments to the contractor as the same becomes due 3 Prior to advertising, LOCAL AGENCY shall prepare a complete set of contract plans Such plans shall conform to uniform specifications and to design and safety standards as described in the Caltrans Highway Design Manual - Bikeway Planning and Design - Chapter 1000 4 The estimated costs of the project are as shown in Exhibit A LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess It is understood, however, that the allocation of Bicycle Transportation Account funds will not exceed that shown for each item in Exhibit A 5 In the event the final costs of the project are less than said estimate by reason of low bid or otherwise, the allocation of Bicycle Transportation Account funds will be decreased in relationship to the percent funded by Bicycle Transportation Account testing field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities 2 Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on the project, required materials, and automotive expense provided, however, that LOCAL AGENCY shall contribute its general administrative and'overhead expense ARTICLE IV - Miscellaneous Provisions I If STATE is named as a defendant in any suit arising from the construction, maintenance or operation of the project, LOCAL AGENCY will, at request of STATE, assume full responsibility for the conduct of the defense or will provide such assistance as STATE will require, and will pay any judgments issued against STATE and all costs in connection with the defense STATE reserves the right to represent itself in any litigation to which STATE's interests are at stake 2 LOCAL AGENCY shall maintain an accurate and detailed record of costs for this project Such records shall be retained and made available to STATE's auditors for examination for a minimum period of three years from date of final payment of expenditures from Bicycle Transportation Account Upon acceptance of the completed project by the awarding authority, or upon the contractor's being relieved of the duty of maintaining and protecting certain portions of the work, LOCAL AGENCY shall assume responsibility for maintaining the project 4 Minor changes may be made in the project as described in Exhibit A upon notice to STATE No major change, however, may be made in said project except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY 5 LOCAL AGENCY shall certify CEQA compliance or documentation of Categorical Exemption determination as defined in Title 14 of the State Administrative Code -Department of Resources guidelines 6 Nothing in the provisions of this agreement is intended to create duties or obligations to or rights in third parties not parties to this agreement or affect the legal liability of either party to this agreement by imposing any standard of care different than the standard of care imposed by law 7 It is understood and agreed that neither the STATE nor any of its officers or employees is responsible for any damage or liability occurring by reason of anything done or omitted to be done in connection with the project It is understood and agreed that pursuant to Government Code section 845 4 - LOCAL AGENCY shall defend, mdemmfy and save harmless the STATE, all officers and employees from all claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person including but not limited to workmen and the public, or damage to property arising out of or in any way connected to the project or the completed facility 8 With respect to third party claims against LOCAL AGENCY arising out of or in any way connected to the project or the completed facility, LOCAL AGENCY waives any and all rights to any type of express, implied or comparative indemnity against the STATE, its officers or employees Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship The Contractor shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the State or local agency setting forth the provisions of this Fair Employment and Housing section 2 The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment and Housing Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment and Housing section of this contract 3 Remedies for Willful Violations (a) The State or local agency will determine a willful violation of the Fair Employment and Housing provision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Contractor has violated the Fair Employment and Housing Act and has issued an order or obtained an injunction under Government Code Sections 12900, et seq (b) For willful violation of this Fair Employment and Housing provision, the State or local agency shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State of local agency in securing the goods or services hereunder shall be borne and paid for the Contractor and by his surety under the performance bond if any, and the State or local agency may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State or local agency t, End Exhibit B------- —----------------- -------------- I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance wtn�.e✓' Acc unttng Officer C � r Date I'��J`� $ $2, 3S0 cU Chapter 24 Statutes �� Item `(PC �a5 Fiscal Year gq Program Lc30010oGo BC C, Category 220000 Fund Source oµST $ g 2, 3 50 � M1 Plan Status 98/99 — 99/00 Applicants - Projects Not Awarded A4encv Plan Date Adopted Status' City of Bellflower West Branch Greenway Feasibility Study 12/95 N And Master Plan (out of date) County of Butte Countywide Bikeway Master Plan 9/98 A County of Del Norte Del Norte / Crescent City Bicycle Facilities Plan 1/98 A County of Lake Lake County Regional Bikeway Plan 3/98 A City of La Quetta La Quetta Bicycle Transportation Plan 3/97 A City of Lodi San Joaquin County Regional Bicycle Master Plan 1/99 N County of Los Angeles Plan Out of Date N City of Madera Madera 1998 Bicycle Plan 3/98 A Town of Mammoth Mammoth Lakes General Bikeway Plan 4/97 A Lakes County of Mendocino Mendocino County Regional Bikeway Plan 8198 A City of Monterey Monterey Bicycle Transportation Plan 6198 A City of Oceanside i Oceanside Recreational Tails Element 1/99 N City of Oroville Oroville Urban Area Bicycle Transportation Plan 12/98 A City of Pasadena Bicycle Plan —City of Pasadena Draft N City of Roseville Roseville Bikeway Master Plan Update 1/99 A County of San Joaquin San Joaquin County Regional Bicycle Master Plan 1/99 N San Joaquin San Joaquin County Regional Bicycle Master Plan 1/99 N Council of Governments County of Santa Barbara Bicycle Master Plan 2/99 A City of Santa Cruz Santa Cruz Bicycle Transportation Plan 2/98 A City of Santa Rosa Santa Rosa Bicycle Master Plan 5/98 A City of Sausalito No Plan N/A City of Scott's Valley Scott's Valley Bicycle Transportation Plan 2198 A City of Solana Beach Solana Beach Bikeway Master Plan 12/98 A Stallion Springs No Plan 'A = Plan Approved, N = Plan Not Approved Date r4 January 29, 1999 Attn Richard L Blunden, Chief Caltrans Bicycle Facilities Unit, MS-1 Office of Local Programs 1120 W Street Sacramento, CA 95814 Community and Economic Development Department RE 1998/99 AND 1999/2000 Fiscal Year Bicycle Lane Project Submittal Dear Mr Blunden Enclosed please find our Bicycle Lane Project application for fiscal 1998199 and fiscal 1999/2000 per your letter dated October 28, 1998 Included with the application, per your request, are the following documents • A copy of the adopted Bicycle Transportation Plan for the City of Grand Terrace including copies of the City Council Resolution adopting the plan and a letter from SANBAG certifying the plan as regionally consistent A copy of the City Council Resolution certifying the availability of the required 10 percent local share of the total project cost City Council report which documents environmental clearance I look forward to hearing from you in the near future regarding the distribution of the available bikeway funds Please do not hesitate to contact me at (909) 824-6621, if you have additional questions or comments regarding our proposed project Sincerely, eNAkat� S ) Patrizia Materassi Community and Economic Development Director PM pp c btfice\wpmnlwpdocsWanrnngkorresplbikelaneapp wpd 22795 Barton Road • Grand Terrace, California 92313-5295 • (909) 824-6621 PROJECT BUDGET Funding Engineering/Design right-of-way Construction Total BLA Funds $ 82,350 00 $ 82,350 00 Local Funds $ 2, 000 00 7,15000 9,15000 Other Total $ 2,000 00 $89,500 00 $ 91,500 00 j rrv.rcc Llmlis' M8111 5tA2Qt tlb/1I Mt Vernon AV to West :ty Limits Bike Lane Project City of Grand Terrace oiiza�aa r, 40004 RESOLUTION NO. !Im A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE CALIFORNIA DEPAR7IMST OF TRANSPORTATION BICYCLE LANE ACCOUNT GRANT FUNDING AND CERTIFYING THE AVAR ABLITY OF MATCHING FUNDS WHEREAS, pursuard to Section 890 of the Cdfomia Street and Highways Code, it is the lien# of the State Legislature to estabish a bicycle transportation system, and WHEREA% pursuant to Section 893 of the Cardomia Street and Highways Code. Caltrans is aullwmd to disperse finds for pacts that improve the safety and converuonce of to bloy+a[e corrmAer; and WIEERM, pursuant to Section 891 of the Catiforrna Streets and Highways Code. the City of Grand Terrace has adopted a Bicyde Transportatwn Plan which has been found to be regjaWly consistent by SANBAG and a drgibte for funding; and WHER8AA the City desires to begin bkoway irnprovements on Main Street fr o ML Vernon Avems to the west City limits, and WHEREX1% this project is needed to close a gap in the regional bicycle route which extends fruits Loma Linda to Cotton and connects San Bernardino County to Riverside County NOW, TNEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HERMRESOL.VE. DETERMINE AND ORDER AS FOLLOWS: 1 The Community r irhd Econcimc bevetopnent Director is hereby authoriz®d toma and file a grant appimmhon lathe proposed Main Street bikeway girl ernents pursuant to Section 893 of the California Streets and Etig =43 Code, and 2. The City Council of the City of Grand Terrace certtfm that ffmtd g find: equal to 10 percent of any allocation h>lhall be available. PASSM APPROVED AND ADOPTED, this jttday of_Wxuery,1999 ATTEST. Y� Ctty Clettc of the City of Crand Terrace Mayor the City of Grand Tornscv and of the City Council tland the City Council ftwoof Irr G�eawauce Community and Econonuc Development STAFF REPORT CRA ITEM () COUNCIL ITEM (X ) FUNDING REQuRED Demment MEETING DATE: JANUARY 28,1999 NO FUNDING REQUIRED _ X SUBJECT: 1) AB 1020 Bicycle Transportation Plan (BTP) 2) Resolution Approving the AB 1020 BTP 3) Resolution In Support of Grant Application for a portion of Bikelane Project Phase 0 RECOMMENDATION: Review and Approve The State Legislature enacted GAB 1020• to establish a bicycle transportation system and to provide funds for its implementation. In order to be eligible for these funds each jurisdiction IS required to approve a regionally consistent Bicycle Transportation plan (BTP) The City Transportation Consultant, Craig Neustaedter, with the help of the GIS Dmsion of the Comrnuuty and Eoonoaruc Development Depaftent and Public Works, has prepared the plan The plan has mcerved approval from SANBAG Mr Neustaedter has also prepared the required resol<iWfm The first resolution is for City Council approval of the plan and the second is to support staff in submitting an application to fund a portion of phase it of our Biikelane Project- Details of the grant appimabon will be available upon request at a later date Staff is pleased with the content of the Plan and recomrner4s fts approvaL This PJect is 1e90rica4 exempt from Environne M Review under §1&%4(h) of the Govemment Code pertaining to minor alterations to land and bicycle facilld s in public rights o koo" way - Respectfully sutwnaed, Patri is Materassi Community and E=W= Development Director Attadwrient A - AB 1020 BxW. 6 Transportation Plan & Resolution 8 - Resolution in support of grant application 22795 Barton Road •Grand Terrace, Califorwa 923 WNCENMAIITEM N0. $C. i AB 1020 BICYCLE TRANSPORTATION PLAN TABLE OF CONTENTS REPORT 1 Existing and Proposed Land Use and Settlement Patterns 2 Existing and Proposed Bikeways 3 Existing and Proposed Bicycle Parking Facilities 4 Connections to Other Modes of Transportation 5 Bikeway Users 6 Bicycle Safety and Education Programs 7 Development of Bikeway Plan 8 Regional Consistency 9 Proposed Bikeway Projects 10 Expenditures APPENDICES Appendix A - Schedule of Off -Street Bicycle Parking Requirements Appendix B — SANBAG Letter of Consistency Finding Appendix C - City Council Resolution Supporbng the AB 1020 Bicycle Plan FIGURES Figure 1 - General Plan Land Use Map Figure 2 — Activity Centers Figure 3 - Existing Bikeway System Figure 4 — Ancillary Bikeway Facilities Figure 5 — Proposed Bikeway Plan TABLES Table 1 - Proposed Bikeway Projects 2 3 6 8 1 1 5 7 7 9 10 11 11 11 13 12 CITY OF GRAND TERRACE AB 1020 BICYCLE TRANSPORTATION PLAN Existing and Proposed Land Use and Settlement Patterns The City of Grand Terrace is a small city in the east San Bernardino Valley It has an area of 3 6 square miles and a current population of approximately 13,300 people It is a bedroom community, where approximately 4,000 people commute to work on a daily basis The City of Grand Terrace General Plan guides the pattern of development within the City Figure 1, the General Plan land use map, shows the City's existing and future land uses and settlement patterns Generally, employment centers and other non-residential uses are located along the 1-215 Corridor and the western portion of Barton Road The major employment area within the City is mostly undeveloped This area is located west of Michigan, north of Main St, and southeast of 1-215 As indicated on Table 1, residential land uses in the City are nearly built out with the exception of mfili lots and acreage in the foothills in the southeast area However, the majority of nonresidential land uses remain to be developed Table 1 LAND USE STATISTICS - CITY OF GRAND TERRACE Budd Out Plan Existing To Be Built Use Trip Generation Land Uses Land Uses Land Uses Parameter Residential Low Dwelling Unds 3310 3121 189 Medium Dwelling Units 1855 1586 269 General Commercial- TSF-GLA 1256 416 839 Retail Total industrial Acres 193 67 127 Office Professional TSF-GFA 316 106 210 Figure #2 The City of Grand Terrace and Vicinity Activity Centers 0 05 0 0 5 Miles C4) 03 Activity Centers Within the City Outside the City NCity Boundaries Streets Map Created by Dragos Barbu GIS Division 01/13/1999 1 "The Courtyard" Shopping Center in the City of Colton at the intersection of Mt Vernon 'and Washington Street 2 'The Centerpointe" Shopping Center in the City of Colton on Mt Vernon Ave just north of the 1-215 3 Park and Ride facility on Fairmay 4 San Bernardino Valley College in the City of San Bernardino near the intersection of Mt Vernon Ave and Mill St 5 Proposed new high school at the intersection of Barton Road and Riche Canyon Road in the City of Colton 6 Loma Linda University, Loma Linda University Hospital and Jerry Pettis Veterans' Memorial Hospital in the City of Loma Linda 7 Proposed North -South Comdor connecting Mt Vernon Ave wrath Pigeon Pass Road and the City of Moreno Valley 8 Proposed Business/Research Park at Columbia and Michigan in the City of Riverside 9 Various activity centers in the City of Riverside including the University of Cal forma at Riverside and large industrial/commercial centers in the northern City of Riverside 10 Stater Bros and other employment centers in the City of Colton at the west end of Barton Road 11 Existing commercial and employment centers in the City of Colton and Colton Civic Center Existing Bikeways The City of Grand Terrace has approximately 4 2 miles of improved Class II bikeways The existing bikeways are located in the developed portion of the City on Barton Road and Mount Vemon Figure 3, Existing Bikeway System, shows location of the existing bikeways that have been constructed Figure 4 shows the City's draft Bikeway Plan U I } Existing and Proposed Bicycle Parking Facilities In January 1994, the City adopted Ordinance # 147, implementing transportation control measures (TCM's) to reduce air pollutant emissions The ordinance enacted design standards for new nonresidential and multifamily developments to install bicycle racks and other ancillary facilities Ancillary bicycle parking facilities are located at schools, shopping centers, public buildings, and employment centers The locations of these facilities are shown on Figure 4 As indicated previously, the City employment centers are only partially developed at this time The location of future facilities cannot be determined at this time As development occurs, the City will continue to require bicycle parking and ancillary facilities in accordance with Ordinance # 147 Connections to Other Modes of Transportation Currently, there is one bus route (Route 25) that services the City of Grand Terrace This route is operated by the Riverside Transit Agency (RTA) RTA sponsors the "Bikes on Bus Program" This is a free program that provides racks on buses for the transportation of bicycles These racks have been installed on every bus and each rack has spaces for two bicycles RTA's Ride Guide contains a detailed explanation of bus bike rack basics and how to use the racks In addition to bus and private vehicles, commuters in Grand Terrace have access to commuter rail via Metrolink Metrolink services Riverside, Orange and Los Angeles counties The Metrolink station in the City of Riverside is the most direct connection to the City of Grand Terrace via RTA Route 25, and is about seven miles from central Grand Terrace The Riverside Metrolink station is near the intersection of University Avenue and S R - 91 As part of an ongoing expansion project, bicycle racks are being installed at the Riverside Metrolink station S 4 i Ya ��\ YM l 11 ! 1 kt F �.Pk �4 Another Metrolink station is located in the City of San Bernardino It is closer to central Grand Terrace by approximately 1 5 miles, however, there is no direct transit connection to this station The City of Grand Terrace is currently working with the Riverside County Transportation Commission (RCTC) and SANBAG to develop a Metrolink station in Highgrove The proposed site is located in unincorporated Riverside County, south of the City of Grand Terrace Several of the existing and proposed bike routes that are identified in this plan mll provide direct access to the proposed Highgrove station These include proposed bike lanes on Main Street, Commerce Way, and on the Gage Canal Bikeway Users Currently, there are a limited number of work related commuter trips which utilize the City's designated bicycle routes This is due to the fact that the routes are not complete if gaps in the routes were completed, it is expected that bicycle commuter trips would significantly increase because the routes provide excellent access to activity centers in the City of Grand Terrace and adjacent areas The most recent estimate of daily bicycle trips was developed for the City's Article 3 application, prepared in 1995 The estimate for 1995 was 800 trips per day In the City, there are three public schools that are part of the Colton Joint Unified School District These include two elementary schools and one middle school The principals from each school were contacted to find out how many students bike to school The results of this simple survey are summarized as follows Terrace View Elementary 25 students per day Regional Consistency A draft San Bernardino Regional Bicycle Plan was completed in May 1994 The plan has been subject to ongoing review by local agencies, and has not yet been finalized The regional plan calls for two routes that affect the City of Grand Terrace The first route is an east west route through the City and connects to Colton, Loma Linda, and Redlands The regional plan also calls for a north -south route on La Cadena This route would be immediately outside the western Grand Terrace City limits in the City of Colton , Another regional agency that the City of Grand Terrace works with is the South Coast Air Quality Management District (District) In 1997, the District adopted the 1997 Air Quality Management Plan (AQMP) Included in the AQMP is a chapter on Transportation Strategy - Transportation Improvements Within this chapter is a section on Transit/System Management This section cites bicycle and pedestrian facilities as a method to improve air quality implementation of the City of Grand Terrace's Bikeway Plan will help the District reach its goals for cleaner air Ordinance # 147 that was noted previously was adopted by the City of Grand Terrace to implement the AQMP Proposed Bikeway Projects Proposed bikeways for the City Grand Terrace have been itemized on a priority list shown below These are future bikeways, 'which will provide regional connections in accordance with the draft San Bernardino Regional Bicycle Plan The location of these proposed facilities is shown on Figure 5 a` / PRIORITY ONE 1) Complete improvements for Main Street including striping and signage, Class it Cost $ 91,500 2) Complete improvements for Mt Vernon, northbound from Main St to Pico St, Class II Cost $84,000 3) Construct public rest area and bike parking areas These include improvements for six staging areas 1) City Hall, cost $24,200, 2) East City Limits, cost $24,100, 3) Barton Road at Grand Terrace, cost $18,000, 4) Terrace Hills Middle School, cost $36,500, 5) Mt Vernon at Main Street (Riverside -Highland Water Co property), cost $17,000, and, 6) Cage Park, cost $20,000 PRIORITY TWO 1) Construct bike lanes on both sides of Mt Vernon from Barton Road to northerly City limits to complete missing link with Colton and City of Riverside bike lanes, Class II Cost $ 216,000 PRIORITY THREE 1) Construct bike lanes on both sides of Barton from Mt Vernon intersection to westerly City limit Class II, Cost $120,000 PRIORITY FOUR 1) Construct bike lane on both sides of Michigan from Barton Road to Commerce Way and along Commerce Way and future extension of Commerce Way to Main Street, Class II Cost $75,000 PRIORITY FIVE 1) Construct bike lane along Gage Canal from northerly City limit to southerly City limit, Class I Cost $220,000 Expenditures Major expenditures have been made for bikeway improvements on Barton Road and Mount Vernon Avenue, which are shown on Figure 3 In total, these improvements cost $ 388,992 The funding sources for these improvements Y91 APPENDIX A Ordinance # 147 d4 (FCAA Section 18c (d)(A) and 187 (b)(2)), and WHEREAS, VMP must be forecast for each year up to year of attainment (FCAA Section 187 (a)(2)(A)) for CO; and WHEREAS, contingency measures must be implemented if any estunate of VMT submitted in an annual report exceeds that predicted in the most recent forecast, or if the SCAB fails to meet the federal CO standards by the attainment date (FCAA Section 187 (a)(3)); and WHEREAS, the District Governing Board adopted the 1992 Federal Attainment Plan for Carbon Monoxide (CO Plan) on November 3, 1992 to demonstrate attainment of the federal ambient air quality standards for carbon monoxide; and WHEREAS, the 1991 AQMP calls for local governments to implement local government Transportation Control Measures by December 31, 1992; and WHEREAS, the IM CO Plan calls for local governments to implement these TCWs by December 31, 1993; and WHEREAS, the City of Grand Terrace will participate with the SANBAG and other local jurisdictions to develop a centralized monitoring program to provide information needed to periodically update the subregional transportation model, to track implementation of local actions which have, or will be, taken as part of both the subregional implementation program, and assist in determining the effectiveness of the actions; and WHEREAS, this ordinance is likely to be deemed and enforceable mechanism for implementing the TCM7s by the ARB and EPA; and WHEREAS, this ordinance and any necessary implementation plans will be submitted to the District to be transmitted to ARB and EPA for inclusion in the SIP; and WHEREAS, the impacts of these actions have been quantified using methodologies that are consistent with the guidance from the District, and WHEREAS, local governments that adopt ordinances that are estimated to achieve their target reduction would be exempt from the backstop rule; and WHEREAS, implementation of a comprehensive trip reduction strategy can improve the QVs public health and safety, reduce congestion, and i nprove air quality. WHEREAS, the City of Grand Terrace hereby states its commitment for a good faith effort to meet the CiVs trip reduction target in order to avoid to the maximum extent possible application of the District back stop rules; and WHEREAS, the City expresses reservations concerning meeting the target alone, and mobile source emissions through reduction of trips, vehicle miles traveled, vehicle hours traveled, traffic congestion, vehicle idling, or vehicle use H "VMT' means Vehicle Miles Traveled, the total miles traveled by a velucle or vehicles over a particular period, whether over a 24-hour period, over an average vehicle trip, etc L 'VI" means Vehicle Trip, one-way trip from an ongm to any destination. J 'Employer" means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity 16 04 040 General Provisions for Tnp Reductions A. Purpose The purpose of this section is to reduce vehicle trips thereby reducing air pollution and improving air quality, to comply with State Law, and to promote an improved quality of life. These actions are to be incorporated mto new development so as to meet congestion management goals at a nunimum cost and disruption to citizens, business and industry B. Design standards for development. (1) Require dhties as a percentage of auto parking spaces in new non-residential development or require secured lockers For new non-residential and multi -family (of 10 or more units) development or remodel when discretionary review is required. Parking racks and secured lockers at a rate of 1 per 30 parking space with a minimum of three -bike rack (2) On -site pedestrian m alkways and bicycle facilities to connect each building in the development to public streets. For new non-residential and multi -family development. (3) Require shower facilities for persons bicycling or walling to work. For new non-residential development. Minimum of one shower facility accessible to both men and women (CMP threshold or 1/2 CEQA, or 250 peak hour trips). (4) P cnn— 1w;, are s�� � = ,,,,ns close to building entrances and so as not to interfere with vehicle circulation. For new non-residential and multifamily (of 10 or more units) development with at least 100 parking spaces. Loading area = equivalent to a minimum of 5 parking spaces- (5) erred Parking des for vanpook are required and should have vertical clearance of no less than 9' For new non-residential development 1-2 spaces per 100 parking stalls. (6) Pad; ts, bus pads, bus shelters. Need for and nature to be defined in cooperation with Omnitrans. For all new residential and non-residential development along existing or planned transit routes. • - (7) Prwide tidea mmming aeat eC"=ntnbute toward the development of a telecommuting center. For new residential development of 20 + r 1 hp4A dt� F Monitoring. Prior to the issuance of a building perTmut for new building or an addition to an erssting building, all facilities and unprovements imposed by this section shall be constructed or otherwise provided G Enforcement. (1) The Community Development Director or Director's duly designated representative is responsible for the enforcement of the provisions in these sections. (2) No person, firm, or corporation, shall violate or otherwise fail to comply with any of the provision of this section. The failure to implement the trip reduction measures made applicable by the section shall be punishable as provided in Chapter 4 88 and Chapter 18 93 of the Grand Terrace Mumapal Code 16 040 050 Additional Actions - City Programs. A. Purpose These additional actions will be considered by the City of Grand Terrace to offset any lack of future development. (1) Continue outreach program/educational program with the purpose of reducing non -work and work trips ). (2) Park,ad-tWe hmnhties. Develop two (2) park and ride facibues with access to Barton Road (3) B 'is. Install bike lanes and related street improvements and landscaping on currently used routes along the southwestern portion Of Main Street to ML Vernon and to the northeastern portion of Barton Road (4) TWewmmyft: 7Devvelop remployee based..clecommutrn authorum&oQ a me-by.� basis 6 DPI to be (5) I'OLehl"diesystem dam+"0*4resWents8nd bumumv.ses of Grand Terrace, within City boundaries. (6) - -Gty - 0*Kftase the`I)pportunity to commute by bus. SECTION 3 The proposed Zoning Amendment No. Z-93-04, set forth in this ordinance is approved by the City Council SECTION 4 Effective Dates This Ordinance shall be in full force and effect at 12 01 a.m. on the 31st day of its adoption. SECTION 5 ZQ5j= The City Clerk shall cause this Ordinance to be posted in three (3) public places within 15 days of its adoption, as designated for such purpose by the City Councal. CITY OF GRAND TERRACE City of Grand Terrace J u ! 1999 Parks & Recreation Committee Regular Meeting Monday April 5, 1999 CffYUM Meeting called to order 6 20 p in - Members Present Lenny Frost, Sarah Green, Manuel Ortiz, Coleen Hazehp, Carolyn La Matry Members Absent Barry Tyler, Richard Rollins, City Staff Present Dennice Pre©e Guests Present None Approval Of Minutes Minutes for March 1, 1999 were approved with no changes New Member Applications Cheryl Whitlock has resigned from the Committee PARK UPDATES 1 PICO PARK Batting Cages up and running. Electricity is currently being extended 2 to have plug ins closer to the cages 3 SUSAN PETTA Floor in progress Bids ongoing for remodel 4 RICHARD ROLLINS Small Gate in the fence has not been replaced No report on bathrooms 5 TJ AUSTIN No Report ACCIDENTS None 6 TOUR OF PARKS Tabled YOUTH LEAGUES 1 LITTLE LEAGUE Baseball & Softball up and running 2 BASKETBALL No Report 3 DIRECTORS REPORT Easter Egg Hunt went smoothly Very few problem parents OLD BUSINESS None Karen Gerber will return in June ADJOURN 6 55 PM Next Meeting Monday May 3, 1999 & 6 00 PM Respectfully Submitted, Sarah J Green Secretary COUNCIL AGENDA ITEM NO.�I� STAFF REPORT CRA ITEM O COUNCIL ITEM (J) MEETING DATE July 22, 1999 SUBJECT RESOLUTION CONFIRMING FY 1999-2000 LANDSCAPE AND STREET LIGHTING DISTRICT 89-1 ` At the June 24, 1999 meeting the City Council adopted a Resolution ordering the preparation of Engineer's Report for the above Assessment District In addition, the City Council adopted Resolutions approving the Engineer's Report and a Resolution of Intention setting the public hearing for July 22, 1999 As stated in the report, the estimated costs associated with the maintenance and operation for the Landscaping and Lighting District within the City of Grand Terrace for the Fiscal Year 1999-2000 will remain at the same level as the previous year Staff Recommends Council 1 Conduct the public hearing 2 Adopt Resolution confirming the Assessments for the Fiscal Year 1999-2000 as presented in the Engineer's Report 3 Direct the Finance Director to file the Assessments with the County Auditor COUNCIL AGENDA rrEm Pal 04 1 SECTION 2 That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are overruled and denied SECTION 3 That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the fiscal year and in the amounts as set f �4 forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy SECTION 4 That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 5 That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year SECTION 6 That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said 'Landscaping and Lighting Act of 1972", as subnutted, are hereby approved, adopted by this City Council and hereby confirmed SECTION 7 That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. 2 PASSED, APPROVED and ADOPTED t}us day of , 1999, by the following vote AYES NOES ABSENT ABSTENTIONS ATTEST BYRON MATTESON, MAYOR CITY OF GRAND TERRACE STATE OF CALIFORNIA BRENDA STANFILL, CITY CLERK CITY OF GRAND TERRACE APPROVED AS TO FORM JOHN HARPER, CITY ATTORNEY 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING ITS REDEVELOPMENT PLAN TO ALLOW FOR ACQUISITION OF NON -RESIDENTIALLY ZONED PROPERTY BY EM NENT DOMAIN RECITALS WHEREAS, the City of Grand Terrace and the Redevelopment Agency of the City of Grand Terrace adopted the revised Grand Terrace Community Redevelopment Project Redevelopment Plan on or about June, 1981, and, WHEREAS, pursuant to Section D Property Acquisition. the Agency is prohibited from the acquisition of property within the Project Area by the use of eminent domain, and, WHEREAS, the City and the Redevelopment Agency now desire to amend the Redevelopment Plan to allow for the acquisition of non -residentially zoned property, or the acquisition of property with the consent of the property owner, by utilizing eminent domain, and, WHEREAS, pursuant to Health and Safety Code Section 333 85 3, aProject Area Committee is not necessary to be formed if the proposed amendment to the Redevelopment Plan does not allow the Agency to acquire by eminent domain property on which persons reside in a Project Area in which a substantial number of low and moderate -income persons live or add temtory in which a substantial number of low and moderate -income persons reside, and, WHEREAS, the proposed amendment therefore does not require the formation of a Project Area Committee, NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS SECTION 1 The Redevelopment Plan, revised Grand Terrace Community Redevelopment Project, Section D, is hereby revised in its entirety as follows "D. Property Acquisition. 1 Real Property Except as specifically exempted herein, the Agency may acquire, but is not required NDA .'w COUNCIL AGENDA ITEA tnI7A REPORT MANAGER`S ARTME T CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE July 22, 1999 SUBJECT COMMUNITY SERVICES OFFICER (CSO) PROPOSAL FUNDING REQUIRED NO FUNDING REQUIRED X At the Budget Reduction Forum held on June 24, the City Council deferred any action on the CSO position until further information could be determined as to whether any alternative method could be found to maintain the Citizen Patrol Program with some other position other than the CSO Two of the options suggested were to share a CSO with another City or to find another shenff s employee to supervise the Citizen Patrol The option to share with Loma Linda has been reviewed However, Loma Linda's current CSO is grant funded and, therefore, sharing the position would not produce any general fund savings for Loma Linda As far as the second option, the Shenf's Department is firmly standing upon their position that the Citizen Patrol must be supervised by the CSO and that no other position would be able to provide supervision The City currently has $19,000 in criminal asset seizure funds that can be used toward the CSO position as well as approximately $15,000 in booking fee relief signed by the Governor Currently, the position of CSO is at a cost of $46,500 and her program budget is $14,800 for a total of $61,300 Staff is proposing that we utilize $19,000 of asset seizure money and take the balance and fund it with general fund monies This would be reevaluated in the 2000/2001 budget year for funding. STAFF RECOMMENDS THAT COUNCIL AUTHORIZE THE TRANSFER OF $19,000 FROM THE ASSET SEIZURE ACCOUNT TO THE GENERAL FUND AND TO REDUCE THE GENERAL FUND CONTRIBUTION FOR THE CSO CONTRACT AND PROGRAM BUDGET BY A LIKE AMOUNT COUNCIL AGENDA ITEM NO j 8A REPORT MANAGER'S ARTME T CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE July 22, 1999 SUBJECT RENTAL PERMIT FEES FUNDING REQUIRED NO FUNDING REQUIRED XX Staff had previously indicated that we would have some information back before the City Council at this meeting to discuss the results of the research on rental permit fees We are trying to establish the legal basis that the County utilizes to justify the environmental permit fee on rental units We are also exploring the Rental Inspection Program recently adopted by the City of Highland Our research is not yet complete and we hope to have this item back before the City Council at the meeting of August 23 COUNCIL AGENDA REM NQ.� a13 Community and Economic Development Department STAFF REPORT CRA ITEM () COUNCIL ITEM (X ) FUNDING REQUIRED MEETING DATE JULY 22, 1999 NO FUNDING REQUIRED X SUBJECT: Consolidation of Part -Time Associate Planner Position with Full -Time Planning Intern Position into One Full -Time Planning Technician Position RECOMMENDATION Approval and Adoption of Updated Salary Resolution. Background During recent budget cuts one of the CEDD permanent Associate Planner positions (economic development) was reduced to part time This position was previously occupied by Hally Cappiello and 75% funded from redevelopment funds Hally's salary was approximately $17/hr Hally, as you know, resigned and is significantly missed Hally's services are currently offered by Hogle-Ireland, Inc to city governments at $56/hr The full-time Planning Intern contract position previously held by Raul Colunga for 2 5 years paid approximately $9 56/hr Out of redevelopment low and moderate fund Raul is currently working in Indian Wells at $17 30/hr with full benefits We have advertised extensively for the Planning Intern posibon We have not been able to fill the position with a qualified candidate for the salary offered as it requires 1 to 2 years of expenence In addition, a similar problem occurred over a year ago when Larry Mainez resigned his Associate Planner position at $17/hr Lary left to accept a position in Highland, a demotion to Assistant Planner, and his salary is approximately $22/hr plus full benefits Fortunately we found John Lampe, an expenenced planner who had been working out of the planning field for a few years and he filled Larry's position We are very pleased with John's work For the information of City Council, $27/hr plus benefits is the average pay for an Associate Planner in cities surrounding our city In Grand Terrace, the salary of the Director of Community and Economic Development is $27/hr plus benefits 22795 Barton Road - Grand Terrace, Califorma 92313-52V A ffM NO C 0 TABLE I PLANNING TECHNICIAN SALARY RANGE Banning 2,123 - 2,709 + benefits Big Bear Lake 2,346 - 2,853 + benefits Moreno Valley 2,403 - 3,067 + benefits Redlands 2,621 - 3,185 + benefits Corona 2,623 - 3,202 + benefits Rancho Mirage 3,015 - 3,665 + benefits Minimum Maximum r Avg Range Planning Tech $2,524 $3,114 $14 50 - 18/hr ^ G T Assoc Planner $2,154 $2,918 $12 50 -17/hr Minimum Mid -Point Maximum Proposed Planning $2,122 $2,511 $2,900 $12 -16 50/hr Technician Salary Range w % planninglccVlanning technician table 1 7-22-99 wpd RESOLUTION NO. 98- 17 Page 2 SALARY RANGE TTTI.F Executive Secretary to the City Manager Secretary btaintenance Crew Leader F-iddmg/Safety Inspector A lmuustrative Clerk Account Clerk Rxreation Coordumtor Nfaintenance Worker Clerk Typist Receptionist Sr Recreation Leader Recreation Leader Crossing Guard Recreation Aide ADOPTED THIS 9th day of July, 1998. ATTEST: City Clerk of the City o Grand Terrace and of the City Council thereof. Mmimum Midpmt Maximum $1,988 $2,339 $2,691 $1,988 $2,339 $2,691 $1,988 $2,339 $2,691 $12 55 $14 64 $16 73 $1,894 $2,228 $2,563 $1,894 $2,228 $2,563 $1,894 $2,228 $2,563 $1,852 $2,177 $2,507 $1,621 $1,904 $2,192 $1,424 $1,580 $1,736 $9 30 $9.97 $10 64 $7 30 $7 96 $8 65 $5 84 $6 65 $7 21 $5.84 $7 28 $7 96 6"/", '�4 4 5?�- Mayor f the City of Grand Terrace and of the City Council thereof l F RESOLUTION NO. 99- Page 2 SALARY RANGE TITLE Planning Technician Accounting Technician Executive Secretary to the City Manager Secretary Maintenance Crew Leader Building/Safety Inspector Administrative Clerk Account Clerk Recreation Coordinator Maintenance Worker Clerk Typist Receptionist Sr Recreation Leader Recreation Leader Crossing Guard Recreation Aide ADOPTED THIS 22" day of July, 1999 ATTEST City Clerk of the City of Grand Teaace and of the City Council thereof. Mimmum M dnomt Maximum $2,122 $2,511 $2,900 $1,988 $2,339 $2,691 $1,988 $2,339 $2,691 $1,988 $2,339 $2,691 $1,988 $2,339 $2,691 $12 55 $14 64 $16 73 $1,894 $2,228 $2,563 $1,894 $2,228 $2,563 $1,894 $2,228 $2,563 $1,852 $2,177 $2,507 $1,621 $1,904 $2,192 $1,424 $1,580 $1,736 $9 30 $9 97 $10 64 $7 30 $7.96 $8.65 $5 84 $6 65 $7 29 $5 84 $7 28 $7 96 Mayor of the City of Grand Terrace and of the City Council thereof. t pVf-, CITY OF GRAND TERRACE CRA ITEM ( ) AGENDA ITEM -F�NAhI�E-DBP�RT1VI�i�FT COUNCIL ITEM (X) MEETING DATE: July 22, 1999 SUBJECT DISCUSSION ON SEWER BILLING ALTERNATIVES FUNDING REQUIltED NO FUNDING REQUMED�C_ Background Finance Department is seeking to reduce costs in response to the defeat of Measure E The only possible direction to make major labor reductions is in the area of out sourcing general and special accounting tasks along with the elimination of other services such as accepting utility "other bill" payments and the billing and collection of the Grand Terrace sewer billing Council has approved the Finance Department reorganization which includes the ehmmauon of of both accounting technician positions by the beginning of January 2000, with the retention of the accounting clerk position and potentially some as -needed part-time help Sewer Billing Statistics The Finance Department currently bills and collects bunonthly (every odd month) A hen is placed on delinquent accounts older than 6 months and placed on the property tax roll in accordance with the municipal code Billings Based on MU 1999 Statistics 2,777 Single Family Residences - Flat Rate 74 Commercial - Variable Rate 188 Condominiums - Flat Rate 51 Duplexes, Triplex, Etc - Flat Rate 7 Apartments (988 units) - Flat Rate 4 Mobile Home Parks (291 units)- Flat Rate FY 1998-99 Sewer Revenue Collected $1,073,000 FY 1998-99 Sewer wholesale cost due to Colton $ 822,500 FY 1998-99 Other Expenditures and Cost Alloc $ 165,000 (est) -1- I)TE-H N COUNCIL AGENDA ITEM Nml�D r`- Sewer Billing Alterm"Jves Billing: Cost Collections Monthly or ? ? YES Delinquent Coll NO Comm. Billing Yes ? Riverside Highland Water Property Tax Roll Bimonthly Annual $3 9600 YES N/A NO N/A YES NO (Based an prelim. discussions, subject to change) REPORT MANAGER'S ARTMENT CRA ITEM ( ) COUNCIL ITEM (XX) MEETING DATE July 22, 1999 SUBJECT COUNTY GENERAL PLAN AMENDMENT REGARDING SPHERE OF INFLUENCE FUNDING REQUIRED NO FUNDING REQUIRED XX As the Council is aware, the County Board of Supervisors is amending thor General Plan to eliminate the wording regarding developments and sphere of influence that would lessen or eliminate the cities' ability to influence development impacts within their spheres of influence Currently, there is a committee of the League's Inland Empire Division that has been formulating strategies to reverse this action_ One strategy would be to challenge the environmental analysis, and the second would be to propose a ballot initiative to put the General Plan Amendment before the voters The committee is aslang City Councils to take a stand regarding this issue and to be part of a potential legal action challenging the negative declaration We would have to send a letter similar to the one attached authorized by Best, Best & Krieger before July 27, which is the date of the County hearing to preserve our rights to jom a legal challenge The City of Grand Terrace does not have a sphere of influence We are wholly surrounded by the City of Colton on the west, north and east and on the county borderline with Riverside on the south. We do not have any sphere of influence nor does the City of Colton have any sphere of influence directly abutting our City Staff is recommendmg that we not Dom in this action and potential lawsuit Although we empathize with our neighboring cities and wish them success in their efforts, we feel it would be a poor use of our resources to fund any legal action or to pursue a ballot initiative STAFF RECOMMENDS THAT COUNCIL GIVE STAFF POLICY GUIDANCE Attachment x �- - COUNCIL AGENDA ITEM NWOF CITY OF RANCHO CUCAMONGA MEMORANDUM DATE July 15, 1999 TO. League's Inland Empire Division Membership ro-il;cfm Paul Biane, Council Member, City of Rancho Cucamong,, and Chairman Sphere of Influence Committee UPDATE ON SPHERE OF INFLUENCE CONIIMTTEE MEETINGS The Sphere Committee has met twice since the last membership dinner meeting held May 20, 1999. The Committee discussed the ramifications of the County proceeding with approving their General Plan Amendments at the Board of Supervisor's meeting July 13'h The Committee's consensus was to prepare a letter for cities to sign and file with the County before the July 13`h Board meeting indicating our concerns with the County filing a Negative Declaration in conjunction with its proposed General Plan Amendments The City's of Rancho Cucamonga, Redlands, and Yucaipa filed letters with the Clerk of the Board of Supervisors At the Board of Supervisor's - July 13`h meeting, this item was continued to July 27m because the County had not completely advertised portions of its advertised public hearing item The Committee also had the City Attorney for the City of Rancho Cucamonga prepare a memo outlmmg the requirements of pursuing an initiative process for County measures, that memo is attached for the membership's review In short, the initiative process could be used to amend actions taken by the Board of Supervisors, there is no time limit for pursuing an initiative to amend action taken by the Board of Supervisors; and there is a specific initiative process that must be followed The procedural steps for qualifying a County initiative follows the Elections Code Briefly stated, the process would entail the proponents of the initiative filing a notice of intent to circulate an initiative with the County's elections officials; the County's Counsel then is required to prepare a title and summary within 15 days of filing, the intent to circulate is then published by the proponents, and the mrtiative is then circulated and must be filed within 180 days of the date of receipt of a final title and summary RW&G lC GLOM w Wv Ara. M .AMY L Oaw/..o. DOUGLAS W A003u9 AAAwt L. LAYR/N c�.ww C AOtt7t o..o.0 a A1i►U1 ALLOW a AKNNerT Irl1RN L �� awL,AAA w.aa r n.en oAtat..tr A.trry./1. a / AaaOrr 1t..o11ML Ne1/14D IZZ500.M W arvA+too. wocnuas MLJAAA / CAA CL W Lv"C14 sr► -a. A. 1100N Ow/ppw. Y I4.141/RT Tt.OYAa N oAA" t-et./La /aOL M/r1/-6 ALANOw. a own-UP-0 00847 r G C/Om.. aAYK -PfAvp. RitiCw A .11M/YA.1. W ►t-A.0 JSM J .AAF~ M 1. ♦ /Nt.r wow o twtwa AA C.'"L 8"Vt1tADA LAAME -e a twto.ew + a>•-0rj . - , ....AY.N,..A r 61 .it. •j � Fax 71=-9906230 Jul 12 99 1-0 .9 aravaw 1t ON" ...aM[a. a CO ~ a rKDn. XW tA^~ r A-^WW ~ •Ara/" o 9A 4 C. 6P~A0 onto Kr<w Y TtOAtai7A1 /�Al�lt � OfOelt� oA1tlo. A .%AAQdAM war a ..a04an M a..&mwe 00 01 0 A alwa. r .ctaw rite! 00.0 woaewr OA.W N ..wL&W P CVR1Y 7 LV" L taAAtw AA.Rr / cc--Wr� t1♦gA.Ca1 sots.. LM /ONO eri AAAptA, aww- stow A01 400AtA.K %LM 06016t 460/489L a wA.. WW.A Y AYAtAr•..o AA/r W Or�O -A/aL L tA.00.aOV0�. R COY wArnw wr+..�.sman"t O AAtrCA.tu .AULA ntRtetwaz aAe-rA RICHAROS, WATSON 8t GERSHON ATTORNEYS AT LAW w r+.orsaawt� ca..tsrloN THIRTY-GKiMTH moon 3W QOUTH HOPS GTRGGT LOC ANGGLGS CALWOMWA 90071 14438 g131 a264De64 FACC+r.ItLG R1 a) CM-00M July 12, 1999 Honorable Members of the Board of Supervisors Mr John D Goss, Interim Director of Land Use Services/Planning Division County of San Bernardino 385 North Arrowhead Avenue, Third Floor San Bernardino, California 92415 �OIMO 1�C►M��a p/ttt.t//q MN .wAwCwop OA'/Ca Darr! tNa rgMFR `•`A'OHA h0ow0cAAawY arweer awN /w1M.Ci"O CALV40" w /A1-KAa, t lA14 .a1+.-a aAO6&0" Ntq y' 1JA// o.tr.aa ooteRV OPVCE FOAMM4 One CW ava" CO CLA TWA CJ1L.VC Mw aM1 (7141 /a►O//I P1AOaaALa 17141 UWA."10 O/ aOtwNaL VVLLL11Y 1C 90M ISR 9902858 OUR ttia MLAAa 11231-00001 Re Proposed Text Amendments to the County's General Plan Concerning Areas Within City Spheres of Influence (GPA/CWI-849N) and Proposed Negative Declaration Honorable Board Members and Mr Goss The City of Rancho Cucamonga (the 'City") is deeply concerned about the proposed amendments to the County's general plan that affect areas within the City's sphere of influence and areas within the spheres of influence of the other 23 cities in the County The City's concern is twofold First, Rancho Cucamonga believes the current text properly promotes annexations, development within urban areas and proper consideration of and coordination with the land use plane of cities when development is proposed within a city's sphere of influence while the staff reports concerning the proposed amendments state that they are merely "clarifications• and do not represent a change of policy, examination of the proposed amendments set fortn oelow shows that they in fact represent a significant and ill advised change in land use policies The proposed amendments represent a retreat from the sound land use policies now in the general plan, would promote development requiring urban services in unincorporated areas rather than in cities and would discourage annexations RAG OC Fax' 71d-99062,30 ` Jul 12 '99 10 20 P 04 RICHARDS, WATSON 6 GERSHON Honorable Board Members Mr John D Goss July 12. 1999 Page 3 Again, the added language negates the goal of conforming to the land use policy of the jurisdiction that is designated to annex the area and provide it with urban services 3 Policy LU-9 now requires a conditional use permit ("CUP") whenever development is proposed in a city sphere of influence This requirement, which provided cities with an Imortant avenue of commenting on proposed projects and p oyided city land use policies, has been completely eliminated. The removal of the discretionary CUP process removes the County's ability to impose any conditions on the project. 4 Policy LU-9 now requires that projects in a city sphere area connect to sewers that are within a mile of the project, exceptions cannot be made without the approval of the city The proposed amendments would eliminate this important method of ensuring compatibility with city land use and service policies 5 LU-9 now requires special land use maps that closely reflect city general plane, prezoning and infrastructure plans and utilize city standards in sphere areas The proposed amendments add the proviso that city standards would be used only when consistent with the County general plan and development code. Since the County general plan and development code are significantly different than those of Rancho Cucamonga and many other cities in the County, the added language means that city standards will no longer be given any serious consideration 6 Policy LU-10 now requires that any development incentives be consistent and compatible with the city plans for a sphere. She proposed amendmen:s would completely eliminate this requirement. 7. The noise standards for the west Valley Foothill Planning Area now state that the standards must be simslar to those of adjoining communities The proposed amendments would completely eliminate this requirement. 8. The land use/growth management standards for the west Valley Foothill Planning Area now state that the County will adopt and implement the slope development standards of adjoining communities. The proposed amendments would comp etely eliminate this re-MaireiMnt Individually, and taken together, the above proposed changes would effect a significant and III advised change in County land use policy As the County's own materials concerning RAG OC Faxl 714=9106230i Jul 12 '99 10 21 P 06 RICHARDs WATSON 6 GERSf+ON Honorable Board Members Mr John D Goss July 12, 1999 Page 5 biological resources. Massive grading would also adversely impact public safety Rancho Cucamonga's general plan and development standards therefore contain detailed provisions designed to minimize grading, preserve natural contours, minimize erosion, maintain open space and protect public safety and protect water and biological resources while allowing for limited development in harmony with the environment (ENSP 5 9 10, pp II-63-64 see Exhibit B attached hereto). As set forth above, the County general plan now requires the County to adopt and implement the slope development standards of adjoining communities If this requirement is eliminated, as it would be if the proposed amendments are adopted, the only limitation in effect would be the County provision which allows 2 units per acre on slopes greater than 30%. (See Exhibit C attached hereto) Such development would necessarily involve massive grading, would destroy the natural contours of hillsides and eliminate much natural habitat. The negative declaration fails to address this adverse environmental impact IMPACT OF THE PROPOSED AMENDMENTS ON DENSITY OF DEVELOPMENT The City of Rancho Cucamonga calculates the permitted V: density of development by net acreage, in other words it calculates the acreage excluding parks and open space (Exhibit B) In contrast, the County calculates permitted density based on gross acreage; in other words it counts parks and open space in the acreage (County Dev Code 5 88 0515(a), pp 491-92) The result is that far denser development is allowed by the County than by Rancho Cucamonga In addition, the County standards yzuvidw LuL UL uA=ECtes of development rights ("TDnou) from undevelopable portions of property to the developable portions, thereby greatly increasing the permitted density. (Exhibit C). The City does not permit such TDRs Because the proposed amendments would eliminate the provisions requiring the County to ensure compatibility with the standards of the adjacent city and eliminate the CUP requirement for development in city spheres, the result of the amendments would be development in the City's sphere that is inconsistent with the City's density standards The negative declaration fails to address this adverse environmental impact or the adverse impacts of the increased traffic that necessarily follows from denser development and the adverse impact on air quality LhaL results from ihcreased traffic IMPACT OF THE PROPOSED AMENDMENTS ON OPEN SPACE RAG OC Fax 714-9906230 �� �, r � , � .,u 1 12 ' 99 10 23 P 08 s t� RICHARDS WATSON & GERSHON Honorable Board Members Mr John D. Goss July 12, 1999 Page 7 that discloses all the adverse impacts of the amendments and considers all feasible mitigation measures The City believes that consideration of an EIR that fully discloses the impacts of the amendments and considers all feasible mitigation may well persuade the County not to adopt the amendments or to modify or delete those that have the most severe, adverse impacts Accordingly, the City urges that the County defer consideration of the proposed amendments until an adequate EIR has been prepared and circulated in full compliance with CEQA. RB.rb OS02454 Respectfully submitted, James L Markman City Attorney City of Rancho Cucamonga Richards, Watson & Gershon Rochelle Browne by Rochelle Browne, Attorneys for the City of Rancho Cucamonga cc Rancho Cucamonga City Council 0 • Jr VJ V.. t• ! VL - 111 j i i " ^ -r llV V.r IV Tr uumittal Memonuilurn CFQA dTA.1 letter JUIy 9, 1999 Scnt via racsimile \umber of p1-es (including co%cr) U ntuchnient Drab ILLier Dignhutiun to C1ty Mangm/-Uministrators/Toum Managers of San Bcmardino County Mit.birl S'+kamoto, rut) of Adelanto Paul Warncr, City of Barstow Glen Rojas, City of Chino Henry Garcia, C ty of Colton Kcn IIunt, City of Fontana I ce McDougal, City of Montclair Greg 1>:%ereaux, City of Onano Gary Luebber%, City of Redlands 1'red Wilson, City of San Remardino Michael Milliiscr, City of Upland RTUCa Williams, Town of Apple Valley Russell Carlsen, City of Big Bear Labe Dougld, LaBcllc, City of Gino Hills 1 homas Schwab, City of Grand Terrace Stec Wca-t, City of Ilesperia Robert Clute, City of Loma Linda Tom Parry, City of Nccdlcs Jack Lam, City of Rancho Cucamonga Joe Guzzetta, City of Rialto James Cox, City or victorville John 1 ookcr, City of Yucaipa I3md Kilter, Town of Yucca Valle) /rch 1, OS,a Page 2 xtb LAW OMI-CS OF BEST BEST S KRIEGER LLP John D Cross July 8, 19Q9 Page 2 2 To identify potentially stgnihcant eileus that can be eliminated or reduced to insignificance by modifying the project or implementing mitigation measures (Pub Res Code § 21064 5, 14 CCR § 15063(c)(2)), and 3 To provide support for the lead agency's decision to adopt a negative declaration (14 CCR § 15063(c)(5)) 4 matefially da-fncient initial study cannot support a negative declaration st1711 v g, p e ,Mar Court(1986) 184 Cal App 3d 180, 197) Legally defensible negative declarations trust piuvitle some explanation of their environmental conclusions and cannot be supported by bare -bones environmental checklists (Stindstroni v County of Mendtcino (1988) 202 Cal App 3d 296) The lead agency has a duty to investigate all potcmial environmental impacts and cannot adopt a negsuve derlvratinn amply by producing a record de,.oid of evidence on environmental impacts ((d ) Tlie fullowuig ai a the specific concerns wehavc ideritified in the County's initial study and negative declaration for the proposed GPA A Prriject De-scription and Environmental Setting Under Title 14, Section 15063(d), of the California Code of Regulations ("State CEQA Gutdcluics"). an initial study must include both a description of the project, including its location, acd identiftcatioa of the environmental setting The project description and environmental crttmg are fundamertal tools for identifying and maluating potential project impacts Without an adequate descnption of the project and environmental setting, decision -makers and the public are undblc. to ubtain an accurate viev► of the project, understand its potential ramifications, and properly analy7e any mitigation that may be required (County of Imo v Cty Qf Los Angeles (1977) 71 Cal App 3d 185, 192-193 ) The County's initial study for the GPA fails to aaequately describe the project and its setting As the initial study indicates, the purpose of the GPA is to rcvisc the goals, policies, and action statements for coordinating lard use and development within the city sphere of influence areas The project eescription, however, fails to adequately identify the specific location of the city sphere of influnn xx arcaa and the environmental settings therein as required under Section 15063(d) of the State CEQA Guidelines Instead, the irittal study merely provides a general statement that the GPA will Wrcct all unimoi poi ated areas witlun the designated spheres of influence for the 24 cities in San Bernardino County Because of the inadequate location description for project, the environmental setting description is also msufficiert lastead of describing the pertinent environmental setting for each sphere of influcnee arse that will be impacted b) the GPA, the uuunl Study provider a general geographic and topographic description of the more than 20,000 square miles in San Bernardino County This explanation of the environmental scMng is unhelpful and irrelevant for assessing the environmental impacts of the GPA Tne information provided in the environmental setting such as V% t uut ♦r.Jtfwa I� 1 AN nF►lC1rS Or BEST BEST & KRIEGER LLP John U Goss July S, 1999 Page 4 l lie curwry analysis provided in the initial study incorrectly limits its focus to the impacts on the County's own land use planrung process Ignored are the glanng potential physical impacts created by conflicts between the County and city land use plans, policies, and mgtilations As you arc n%arc, cities often pre zone many areas within their sphere of influence, espec-ally properties adjacent to the city boundaries Such areas are also often included or discussed in the city's general plan The purpose of pre -zoning, as expressed instate law, is to provide for the orderly and coordinated dcvelopment in county -city boundary areas Appropriately, the County's current general plan substantially defers to the city land use plans and regulations in these area to ensure proper coordina ion The GPA, ho%%e;ver, would allow the County to ignore city efforts to plan for the orderly development of areas adjacent to city boundaries and create potentially disastrous conflicts in land use plans, policies, and regulauons Under the GPA, adjacent properties can be developed with incompatible uses Moreover, because of the numerous current differences between the development regulations of the County and cities, the potential current conflicts between street standards, utility locations, building design standards, and landscape requirements grill be extensive E• 3pec,ally damaging is the CrPA proposal to eliminate the policy that a conditional use permit is required for all non -single family residences in sphere of influence areas This dramatic land use policy change will render the County unable to appropriately condition the development ofpermitted uses in sphere of tnfluerce areas to ensure compatibility with city land use plans, policies, and standards Because the County does not have any discretionary site plan or design review process, under the UPA, a permitted use in a sphere of influence area will have the night to de%clop in accordance with existing County standards without the imposition of conditions The potenttally s:gntficant land use conflicts and resulting environmental impacts are not speculaw,e, but instead arc cognizable and must be mitigated before the GPA is approved Both the County's and the cities' current land use plans, policies, and regulations for each sphere of inflsencc areas are known With the proper description and analysis, the potentially siamficart land use conflicts can be identified and the environmental unpacts mitigated through the CEQA process In order to comply with the requirements of CEQA. the County must withdraw its negative declaration and postpone approving the UFA until the land use conflicts and environmental impacts are properly analyzed and mitigated 2 Transportation Traffic In its discussion of transportation and traffic impacts, the County again fails to analyze the potentially significant environmental impacts of the GPA The initial study is devoid of any discuss -on et the multitude of potent,al transportation and traffic conflicts that will be created in county -city border area. Similar to land use plans, the County and cities have different traffv: and circulation plans, policies, and standards %hich must be integrated at the county -city border areas Hy eliminaung the requirements that the County ensure integration occurs, the GPA creates Potentially significant tral is impacts that must be mitigated W-1 LaJP.r 111MA JUL-UJ-yy FKI US UG r;i I" -nA NQ r �i vw orr icr_a of BEST BEST S KRIEGER LLP Johan D Goss July % 1999 Page 6 D Other Issues We also feel it is important to make the County aware that the California Coins have considered a case very similar to the County's proposed action and held that the ledd agcnuy led to prepare an E1R In Ctty of I ivermore v i oval Agency Formation Comm (1996) 184 Cal App 3d 531, the city sued LAFCO for its adoption of a negative declaration for proposed revisions to the sphere or influence guidelines The revisions deleted the statement "existing and future urban development areas belong in cities," and added language that development in sphere of influence areas would be basted on county plans rather than city plans In rejecting LAFCO's negative declaration and requiring an E-IR for the project, the court found the evidence supporting the argument that the project may have a significant environmental impact was formidable In particular, the court cited evidence that LAFCO's proposed changes altered the basic land use plannmg presumptions, directed growth away from cities, deteriorated existing cities, caused a loss of open space, and increase ret travel in the region We strongly recommend the County review the City of Livermore case before approving a negative declaration for the GPA 1 inally, although unrelated to the proposed negative declaration, we want to make the County aware of our concern that the GPA will create horizontal inconststencies within the County's gcncral plan Go%Trnmem Code scztion 65300 5 requires that a general plan must form an integrated and internally consistent and compatible statement of policies. Currentl), the general plan contains internally consistent policies which help ensure that development in the sphere of influence areas is consistent with the plans, policies, and standards of the adjacent c" and that urbanization occurs within city boundaries The GPA, however, will chminate some oft he policies essential to consistent and coordinated development resulting In a general plan Rill of qualified and inconsistent statements regarding how development should procced in the sphere of influence areas This letter is submitted in additiol to the writtcl comments previously submitted by the City of Redlands on June 15, 1999 and the City of Yucaipa on May 28, 1999 Each of the Cities expressly ioncurs in those written coannents end the CEQA derki=Ltes exprebbed thoeisi rut purposes of efficiency, the comments will not be repeated but are hereby incorporated into this letter by reference Without addressing the deficiencies identified above, it is our opinion the negative declarations for the GPA violates CEQA because it fails to adequately analyze a -id mitigate the project's potential significant environmental impacts After properly studying the whole of the proposed GPA, tho County will certainly find an environmental impact report is neceisaryto address all the potential sientficant environmental imparts ;VFUM V,119%4 Riamm Ds, WATSON a GEREHON Attorafys at Law -- A Professional Corporation 333 SuuLli Huye Stiaet, 36th Floor Los Angeles, CA 9007:.-1469 Switchboard (213) 626-8484 Telecopier. (213) 626-0078 FAX COVER STET DATE: July 14, 1999 TO- Jim Markman c/o City of Rancho Cucamanga City Clerk's Office TLMECOPY No (909) 477-7R49 VOICE NO. (909) 477-2700 rnom : CRAI G A S TEEL2 OUR FILE NO. 11227 00001 TOTAL PAGES (including this cover cheat): DOCUMENT(s) Meh'tu SUWECX: county Initiative Process S USER NO: jptft� ��7 Attention Fax Operator and Other Recipients: ;he informtion contained in this facsimile message is privite9ed and cW1dmtiat infonetien intarid onty for the use of the intended recipient naissd betahr. If you we not tke intended recipient, you we hereby notified that any exWnp of this communication or dfunination or distribution of It to anyaw other than the intended recipient fa strfevy prohibited. if you have received this cananication in error, ptease ieaiedfatety ratify us by telephone and retwn the oripinat eessage to us at tee above aa0ress via the united states Pustat sa vies. Rir.;Lcu w, WcLL4Vu & Gc.Lshoii uses Xerox Models 7020/7021 telecopiers. This equipment is compatible with most Group 2 and 3 telecopy machines. if you have difficulty z uc.ei v.Lnq any pages, please telephone our services center at (213) 626-8484. Time Sent: A1* Operator: WY L.%V0L1%C"XFAXFORI6WA A0.RC JLA--14-15'j`J 14 4W I-KUM RIOMARDS WATSON & GERSHON MEMORANDUM James L. Markman July 14, 1999 Page 2 While a public entity may not spend public funds to promote one side or the other in a ballot measure campaign, a fair and impartial presentation of the facts on both sides is permissible Stanso , Al"ra, 17 Ca1.3d at 220. However, I am aware of several instances in the past two or three years where the trial courts and the FPPC have taken an extremely conservative view of the type and content of information that constitutes •fair and impartial^ public information. Several public entities and officials have recently paid fines for impermissible advocacy using public funds. C- Is there a time limit which must expire before a County General Plan amendment may be 'reversed* by the initiative process. Research has revealed no such time limit. Any provision of a general plan is subject to amendment or modification by the voters once it takes effect. D. What are the procedural requirements for an initiative to amend a County's General Plan? The following is a basic outline of the procedural steps for qualifying a County initiative. All statutory references are to the Elections Code 1. The proponents must file with the County elections official a notice of intent to circulate an initiative petition, accompanied by the County's filing fee. The notice must contain the names and addresses of at least one, but not more than five, proponents, and it must include the full text of the proposed initiative measure and a request that a title and summary be prepared. Section 9103. Elections Code Section 9104 contains a model of the form the notice should take. 2. The County Counsel is required to prepare a title and summary within 15 days of filing. Section 9105. The proponents may seek a writ of mandate to cause the amendment of the title and summary, only upon providing clear and convincing evidence that the ballot title is false, misleading, or inconsistent with the requirements of the Elections Code. Section 9106. 3. Once a title and summary have been provided and prior to circulation the proponents must publish the notice of intention and the title and summary in a newspaper of general circulation in the County, filing proof of publication with the elections official. Section 9105. CAS:cas 12232-00050 1202339 J ..._ . --- — -.. I I U 171�74 / r Gn-r7A r dJ� uJ RICHARDS WATtON a 43eFt9 0rq MEMORANDUM James L. Markman July 14, 1999 Page 4 after Presentation special election must occur between 88 and 103 da s presentation of the measure to the Board. However, if a regular election is scheduled to heldBoard may submit the measure electiLon. Section 9117. to th voterslatlthe8regular the 10. If the petition contains the valid signatures more, but less than 20V of the previous votesforof 10� or Board of Supervisors must either adopt the measure ores submit The to a vote at the next statewide election. ubmit �t 11. If a majority of those voting vote In favor of the measure, it takes effect 10 days after the result of the election is declared by the Board of Supervisors. Section 9122. questions Please give me a call if you have any further CAS:cas 11211-00M 1202339 TOTAL P.05