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22 ORDINANCE N0. 22 AN INTERIM URGENCY ORDINANCE OF THE CITY OF GRAND TERRACE ESTABLISHING A MORATORIUM ON THE PROCESSING AND FILING OF SUBDIVISION MAPS TO PROVIDE ADDITIONAL TIME FOR INVESTI- GATION OF ALLEGED CAPACITY PROBLEMS IN THE COLTON WASTEWATER TREATMENT FACILITY WHEREAS, the City of Colton ( "Colton") has instituted civil action No. 129889 in the Superior Court of California, County of Riverside, against the City of Grand Terrace ("Grand Terrace") and the County of San Bernardino, which seeks in part, to prevent Grand Terrace from authorizing or permitting the discharge of additional sewage into Colton's sanitary sewer system; and WHEREAS, Colton has formally notified Grand Terrace that wastewater treatment capacity in Colton's Wastewater Treatment Plant has been exhausted and that Colton has been advised by its engineers and wastewater consultants that the City' s Wastewater Treatment Plant is being operated at an average daily flow of 3.4 mgd, which is approximately 13% greater than the design rate of capacity for the treatment plant; and WHEREAS, the growth of Grand Terrace and Colton may have created resultant pressures on existing public facilities and services beyond their capability. Wastewater treatment and other related public services and facilities have been and are being provided to meet the needs for the growing populations of these cities . However, Grand Terrace and Colton recognize the potential need to provide expanded wastewater facilities and services in balance with growing public demand. Realization of the pace and extent of change now evident, as well as the potential for physical, environmental, social and fiscal problems generated by potential exhaustion of Grand Terrace' s and Colton's wastewater treatment capacity has led Grand Terrace to undertake negotiations with the City of Colton to institute a new and comprehensive wastewater treatment planning program. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS : SECTION 1 : The City Council of the City of Grand Terrace does hereby find from its review of data and information from its staff and various consultants concern- ing the City's ability to provide wastewater treatment to its residents, that said public service, including facilities therefor, which the City and other public agencies are obligated to provide to the public, may be inadequate and incapable of proper performance due to residential develop- ment both within the City of Grand Terrace and the City of Colton. The City Council has been informed by the City of Colton that Colton ' s Wastewater Treatment Plant will not be able to accept additional sanitary sewage unless the treat- ment plant capacity is expanded. The City Council is further informed that said plant could not be operationally expanded -2- for a number of years. If the present rate of residential development continues, it is likely to impose a heavy burden on the City, including the exhaustion of the City' s presently available wastewater treatment capacity. Furthermore, additional development will impose a greater burden on the Cities of Grand Terrace and Colton in complying with the Santa Ana River Basin Plan of the Santa Ana Regional Water Qaulity Control Board and the wastewater discharge standards established thereunder by the Board as to the Cities of Grand Terrace and Colton. Such questions and problems , including projected population trends, housing needs, and the capabil- ity of existing wastewater treatment facilities, are under active study and analysis by the City' s staff and its engineer- ing and sewage treatment and water consultants. SECTION 2 : At the same time, the City Council of the City of Grand Terrace and its administrative staff are and have been studying contemplated revisions to the existing agreement for "Service Agreement Sewage Transportation, Treatment and Disposal" between the City of Grand Terrace and the City of Colton, and have been reviewing the wastewater treatment needs of both Cities to determine equitable methods for providing additional wastewater treatment capacity. Continued sewage connections are likely to overtax the City' s presently available wastewater treatment capacity and would, therefore, be an immediate danger to the public health, safety and general welfare of the City. In order to protect -3- the public health, safety and general welfare from said immediate danger, and not withstanding any provision contained in the City of Grand Terrace Municipal Code, the provisions set forth below are enacted. SECTION 3 : Notwithstanding any provision now contained in the City of Grand Terrace Municipal Code, no new residential subdivision maps shall be accepted for filing, or filed, by any administrative official of the City of Grand Terrace after the effective date of this ordinance, and for the term of this ordinance. SECTION 4 : The intent of this ordinance is not only to protect against an immediate danger to the public health, safety and welfare, as stated above, but also to prevent on an interim basis residential uses which may be in conflict with contemplated solutions to the City' s wastewater treatment problem which the City Council , Planning Commission and City staff are considering and studying or intend to study within a reasonable time. SECTION 5 : This ordinance is enacted pursuant to Section 36937 (b) of the California Government Code as an urgency measure and pursuant to the City of Grand Terrace police power for the immediate preservation of the public health and safety. The facts constituting the urgency are set forth in Sections 1 and 2 above. When approved by a four-fifths vote of this Council , this ordinance shall become effective on August 3 , 1979 , and shall be of no -4- further force and effect thirty days following its effective date . ADOPTED this 2nd day of August , 1979 . A Mayor f the City of Grand Terrace and of the City Council thereof . ATTEST : alw�� City Clerk of the City of Grand Terrace and of the City Council thereof . ( SEAL ) Approved as to form : City Attorney -5- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at the organization meeting of the City Council held on the 2nd day of August , 1979, and that it was so adopted by the following vote: AYES: Councilmen Tillinghast, Erway, Allen, Grant; Mayor Petta. NOES: None ABSENT: None *T1i7-tyC1egrkofh`7sh4e4�City of Grand Terrace and of the City Council thereof. (SEAL) STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY, that the above and foregoing is a full , true and correct copy of Ordinance No. 22 of said City Council and that the same has not been amended or repealed. DATED: August 2, 1979 City Clerk f the City of Grand Terrace and of the City Council thereof. (SEAL)