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03/24/2009 11LE- ZOPY G►?.Y O �RAno-TeRR ce March 24;2009 22795Barton Road Grand Terrace California 92313-5295 - -Civic Center - �<," (909)82446621 Fax-(969)783-7629 'Fax(009)783-2600 CITY OF,GRAND TERRACE Maryetta Ferr6 " Mayor CRATITY"COUNQL Lee,Ann.Garcia ""MayorrroTem REGULAR MEETINGS , Bea Cortes - ' Jim Miller 2ND AND 4TH Tuesday - 6:00-p:m. Walt Stanckiewitz Council,Members Steve Berry' Acting City Manager , r Council Chambers Grand Terrace Civic Center " 22795 Barton Road Grand;Terrace; CA 92313-5295• CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS March 24,2009 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CALL THE CITY CLERK'S OFFICE AT (909)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. l `7 IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME. ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE AT CITY HALL LOCATED AT 22795 BARTON ROAD DURING NORMAL BUSINESS HOURS. IN ADDITION,SUCH DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call- STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 03-10-2009 Minutes Approve 2. Closed Session-Conference with Real Property Negotiators (Government Code Section 54956.8) Propejjy-22273 Barton Road Agency Negotiator-Steve Berry Under Negotiation-Price and Terms of Payment ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Introduction of Sheriff Hoops B. Chamber of Commerce Business of the Month C. Proclamation-Child Abuse Prevention Month,April 2009 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated March 24,2009 A rove COUNCIL AGENDA 03-24-2009 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION B. Waive Full Reading of Ordinances on Agenda C. Approval of 03-10-2009 Minutes Approve D. Public Employees Retirement System (PERS) Resolution for Adopt Employer"Pick Up" E. Release and Settlement Agreement- City of Grand Terrace v. Authorize City of San Bernardino(Perchlorate Fee) F. Street Dedication for Future Street Improvements (21600 Approve Walnut Avenue) G. Rescind Resolution No. 2006-15 and Adopt a Resolution Rescind/Adopt Ordering the Vacation of a Portion of Pico Street Pursuant to the Authority Provided by Chapter 4, Part 3, Division 9, of the Streets and Highways Code 4. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law,the City Council may not discuss or act on any item not on the agenda,but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5. REPORTS A. Committee Reports 1. Crime Prevention Committee a. Minutes of January 12,2009 Accept B. Council Reports 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City of Grand Terrace, Approve California Amending Title 18 of the Grand Terrace Municipal Code by Adding Chapter 18.72 Entitled Amateur ("HAM") Radio Antennas,to the Grand Terrace Zoning Code,Applicable City-Wide(Zoning Amendment No.06-02) 8. NEW BUSINESS A. High School Update and Discussion 9. CLOSED SESSION-None ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,APRIL 14,2009 AT 6:00 P.M. AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - MARCH 10,2009 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 March 10, 2009 at 6:00 p.m. PRESENT: Maryetta Ferr6, Chairman Lee Ann Garcia, Vice-Chairman Jim Miller, Agency Member Walt Stanckiewitz, Agency Member Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Hector Gomez, Sheriff s Department John Salvate, San Bernardino County Fire Department ABSENT: Bea Cortes, Agency Member CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6.00 P.M. APPROVAL OF 02-24-2009 MINUTES CRA-2009-16 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (AGENCY MEMBER CORTES WAS ABSENT), to approve the February 24, 2009 Community Redevelopment Agency Minutes. CLOSED SESSION-CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) Property- 22846 Palm Avenue Agency Negotiator- Steve Berry Under Negotiation - Price and Terms of Payment CLOSED SESSION-CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property- 22273 Barton Road Agency Negotiator- Steve Berry Under Negotiation- Price and Terms of Payment CRA AGENDA ITEM NO. Community Redevelopment Agency Minutes March 10,2009 Page 2 Chairman Ferre announced that the Agency met in Closed Session for a Conference with Real Property Negotiators for properties located at 22846 Palm Avenue and 22273 Barton and there was no reportable action taken. Chairman Ferr6 adjourned the Community Redevelopment Agency Meeting at 7:50 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, March 24,2009 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace ;�.. '� .1;,... .V, TJ �*N..,`•y --r�a'i y �_!�_ :�. - j .i .� 4. CHILD ABUSE PREVENTION MONTH -� April 2009 WHEREAS,Apri12009 has been proclaimed as ChildAbuse Prevention Month by the state and • �== _ federalgovernment for the purpose ofpromoting community involvement in preventing child abuse;and :Y�j the State of California has proclaimed the first week of April as Safe Surrender awareness week, all children have the right to receive the care,protection andguidance afamily provides;they have the right to be free from harm and to have their physical, emotional and educational needs met; and WHEREAS,more than 30,000 children in the County of San Bernardino were referred in 2007 to the Children&Family Services forsuspected child abuse and neglect;Children'sAssessment Center - g' staff, Children & Family Services Social Workers, Public Health Nurses, law enforcement officers, educators,behavioral health clinicians and others in the field are dedicated,compassionate and skilled - _ individuals working under the enormous pressure to protect children; the prevention of child abuse �= = r� requires rigorous solutions,ener �--. 9gy,strength,determination and commitment on the part of concerned citizens and the community;and WHEREAS;�z. �.•„ , the Blue Ribbon is the international symbol for child abuse prevention; the Children's Network and Children's Fund in partnership with the Children & Family Services, _r. .. Department o Public Health, First S San Bernardino,_• ^r�? p f Community Action Partnership, County _ -•y :i Superintendent of Schools, Sheriffs Department, Child Care Planning Council, Department of Behavioral Health, Preschool Services Department, County Library, Arrowhead Regional Medical Center,Children's Fund Assessment Center,Loma Linda University Children's Hospital, County Fire Department,have planned a Blue Ribbon Media Campaign entitle"It only Takes a Minute':including '� { -- Educational Materials Distribution, and the 11`'Annual("Shine A Light on Child Abuse')Awards Breakfast to increase awareness of child abuse during the month of April; NOW,THEREFORE,the City Council ofthe City of Grand Terrace,does hereby proclaimApril 2009 as CHILDABUSE PREVENTIONMONTHin the City of Grand Terrace and encourage citizens ' to participate in the events and to join in the efforts to end child abuse. "} y This 2,0'day of March,2009. Mayor Ferri Mayor Pro Tem Garcia Council Member Cortes Council Member Miller Council Member Stanckiewitz COUNCIL AGENDA ITEM NO. f vchlist Voucher List Page: 1 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63132 3/3/2009 001907 COSTCO#478 04780602505 C CARE SUPPLIES 10-440-228-000-000 6607 10-440-220-000-000 132.24 Total : 198.31 63133 3/3/2009 010998 AETNA AARP PLANS 4710330903 March Health Ins-Bea Cortes 10-110-142-000-000 364.49 10-110-120-000-000 8351 Total : 448.00 63134 3/4/2009 004587 MANAGED HEALTH NETWORK MHN MARCH MHN INSURANCE 10-175-142-000-000 1.92 10-180-142-000-000 26.24 10-370-142-000-000 14.72 10-380-142-000-000 640 10-440-142-000-000 121.60 10-450-142-000-000 9.60 21-572-142-000-000 640 32-370-142-000-000 3.20 34-400-142-000-000 9.28 34-800-142-000-000 8.96 10-185-142-000-000 640 10-120-142-000-000 19.20 10-125-142-000-000 12.80 10-140-142-000-000 1920 10-172-142-000-000 2.88 Total : 268.80 63135 3/4/2009 010996 CA PUB EMPLOYEES' RET. SYSTEM H2O090314930C MARCH EMPLOYEE HEALTH INSURANCE COUNCIL AGENDA ITEM NO.�H Page: 1 vchlist Voucher List Page: 2 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63135 3/4/2009 010996 CA PUB EMPLOYEES' RET. SYSTEM (Continued) 10-190-265-000-000 95.29 10-022-55-00 3,53690 10-022-61-00 8,632.08 10-120-142-000-000 1,09347 10-125-142-000-000 72898 10-140-142-000-000 1,093.47 10-172-142-000-000 16402 10-175-142-000-000 10935 10-370-142-000-000 728.97 10-380-142-000-000 36449 10-440-142-000-000 2,02445 10-450-142-000-000 54673 21-572-142-000-000 364.48 32-370-142-000-000 25515 34-400-142-000-000 564.96 34-800-142-000-000 36449 10-180-142-000-000 1,275.73 Total : 21,943.01 63136 3/4/2009 006772 STANDARD INSURANCE COMPANY 1605131700000 MARCH DENTAL INSURANCE 10-022-61-00 1,16052 10-180-142-000-000 4408 Total : 1,204.60 63137 3/4/2009 010737 WESTERN DENTAL SERVICES INC. March 2009 MARCH DENTAL INSURANCE 10-022-61-00 55.75 Total : 55.75 63138 3/4/2009 006772 STANDARD INSURANCE COMPANY 006078690001 P MARCH LIFE/DISABILITY INS Page: 2 vchlist V^�Yucher List Page: 3 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 63138 3/4/2009 006772 STANDARD INSURANCE COMPANY (Continued) 10-120-142-000-000 20.85 10-125-142-000-000 13.90 10-140-142-000-000 20.85 10-172-142-000-000 3.13 10-175-142-000-000 2.09 10-180-142-000-000 27.86 10-370-142-000-000 13.85 10-380-142-000-000 6.95 10-440-142-000-000 5435 10-450-142-000-000 10.43 21-572-142-000-000 6.33 32-370-142-000-000 3.23 34-400-142-000-000 9.95 34-800-142-000-000 9.73 10-185-142-000-000 6.95 10-022-66-00 1,197.53 Total : 1,407.98 63139 3/11/2009 010764 SAFEGUARD DENTAL&VISION 2414886 SAFEGUARD DENTAL/VISION INSURANCE 10-022-61-00 390.81 Total : 390.81 63140 3/11/2009 011007 BLUE SHIELD OF CALIFORNIA J04329066-0 COBRA Insurance-J Cordova 10-370-142-000-000 743.56 Total : 743.56 63141 3/11/2009 001907 COSTCO#478 2223 C CARE SUPPLIES 10-440-228-000-000 142.07 10-440-220-000-000 4735 Total : 189.42 63142 3/11/2009 007402 (NEOPOST POSTAGE-ON CALL), U.S. PO03042009 Postage-Meter#74456587 10-190-211-000-000 2,500.00 Total : 2,500.00 63143 3/12/2009 010218 CHEVRON &TEXACO CARD SERVICES 16617258 Feb Maintenance Vehicle Fuel 10-180-272-000-000 36392 Page: 3 vchlist Voucher List Page: 4 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63143 3/12/2009 010218 CHEVRON &TEXACO CARD SERVICES (Continued) Total : 363.92 63144 3/12/2009 001038 VERIZON WIRELESS-LA 0738317299 Jan-Feb Wireless Phone Fees 34-400-235-000-000 278.33 Total : 278.33 63145 3/12/2009 010546 MPOWER COMMUNICATIONS 387798-MARCH March Phone Line Maint 10-190-235-000-000 98075 10-380-235-000-000 200.00 10-808-235-000-000 5943 Total : 1,240.18 63146 3/12/2009 010546 MPOWER COMMUNICATIONS 387767-March March Phone line Maintenance 10-440-235-000-000 27651 10-805-235-000-000 32.31 10-450-235-000-000 59 90 Total : 368.72 63147 3/12/2009 006720 SO.CA.EDISON COMPANY 02282009 February Utility Charges 34-400-238-000-000 68.35 10-440-238-000-000 52464 10-190-238-000-000 2,169.41 10-175-238-000-000 2486 10-172-238-000-000 31.07 16-510-238-000-000 45840 10-450-238-000-000 1,234.76 15-500-601-000-000 27.79 Total : 4,539.28 63148 3/12/2009 010884 MORRISON MOBILE COFFEE HOUSE 03152009 Coffee-Blue Mountain Hike 23-200-12-00 10000 Total : 100.00 63149 3/12/2009 005702 PUBLIC EMPLOYEES' RETIREMENT PRend0123200� Contributions for PRend 01232009 10-022-62-00 19,52483 Total : 19,524.83 63150 3/17/2009 010012 GRANILLO, KATRINA 04042009 Birthday Bonus - Page. 4 vchlist 4tiacher List - Page: 5 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63150 3/17/2009 010012 GRANILLO, KATRINA (Continued) 10-450-110-000-000 50.00 Total : 50.00 63151 3/17/2009 007579 VARELA, CATALINA 04072009 Birthday Bonus 10-440-110-000-000 50.00 Total : 50.00 63152 3/18/2009 010953 CHAMPION FIRE ELECTRIC INC 16182 INSTALL C HALL FIRE ALARM SYSTEM 10-180-247-000-000 26,000 00 Total : 26,000.00 63153 3/24/2009 001001 AA EQUIPMENT CO. INC. 097387037 EQUIP. MAINT/REPAIRS 10-450-246-000-000 263.67 Total : 263.67 63154 3/24/2009 001040 ADDINGTON, MATTHEW MARCH March Commission Stipend 10-801-120-000-000 5000 Total : 50.00 63155 3/24/2009 010459 ANIMAL EMERGENCY CLINIC 336740 Stray Animal ER Services 10-190-256-000-000 7000 Total : 70.00 63156 3/24/2009 010678 ARCHIVE MANAGEMENT SERVICE 0077030 FY 08/09 BACKUP TAPE STORAGE 10-180-250-000-000 53.77 10-140-250-000-000 5376 0078462 FY 08/09 BACKUP TAPE STORAGE 10-180-250-000-000 54.57 10-140-250-000-000 54.57 Total : 216.67 63157 3/24/2009 001713 CA. DEPT. OF TRANSPORTATION 183851 January I-215 on/offramp maintenance 16-510-238-000-000 3960 Total : 39.60 63158 3/24/2009 010726 CHAMBERS GROUP INC. 23897 EIR FOR GENERAL PLAN UPDATE 10-370-250-000-000 6,09897 Page: 5 vchlist Voucher List Page: 6 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63158 3/24/2009 010726 CHAMBERS GROUP INC (Continued) Total : 6,098.97 63159 3/24/2009 001867 COMMERCIAL LANDSCAPE SUPPLY 160312 LANDSCAPE SUPPLIES 10-450-245-000-000 684.96 Total : 684.96 63160 3/24/2009 010086 COMSTOCK, TOM MARCH March Commission Stipend 10-801-120-000-000 5000 Total : 50.00 63161 3/24/2009 010972 CONSOLIDATED REPROGRAPHICS 971995 PW/PDS-Website Monthly Maint. 10-190-723-000-000 9.70 971998 Fire Station 23 project 10-190-723-000-000 5388 Total : 63.58 63162 3/24/2009 010147 CORTES, BEA MARCH-AUTO March Auto Allowance 10-110-273-000-000 200.00 MARCH-STIPEP March Council Stipend 32-200-120-000-000 15000 10-110-120-000-000 166.49 Total : 516.49 63163 3/24/2009 001907 COSTCO#478 2227 C. CARE SUPPLIES 10-440-228-000-000 107.06 10-440-220-000-000 3569 Total : 142.75 63164 3/24/2009 010618 CREATIVE DYNOMITE 1414 Graphic Design Services 32-370-230-000-000 45000 Total : 450.00 63165 3/24/2009 001930 DAILY JOURNAL CORPORATION B1515422 PUBLIC HRG PUBLICATIONS 10-370-230-000-000 631 40 B1528690 FY 2008/09 LEGAL ADVERTISING 10-125-230-000-000 11440 B1531044 PUBLIC HRG PUBLICATIONS 10-370-230-000-000 165.00 Page: 6 r vchlist ',Uucher List Page: 7 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63165 3/24/2009 001930 DAILY JOURNAL CORPORATION (Continued) B1533936 FY 2008/09 LEGAL ADVERTISING 10-125-230-000-000 90.20 Total : 1,001.00 63166 3/24/2009 010711 DANKA FINANCIAL SERVICES 68975105 FY 08/09 TOSHIBA COPIER LEASE- 10-172-246-000-000 63.24 10-175-246-000-000 31.62 34-400-246-000-000 63.24 Total : 158.10 63167 3/24/2009 001950 DATA QUICK B1-1460484 February Subscription Service 21-572-246-000-000 43.50 34-800-220-000-000 43.50 10-380-250-000-000 43.50 Total : 130.50 63168 3/24/2009 003210 DEPT 32-2500233683 005689/102478-, MAINT SUPPLIES 10-180-245-000-000 24.64 10-440-245-000-000 7361 009331/50756< MAINT SUPPLIES 10-180-218-000-000 137.00 10-180-246-000-000 91 85 027088/726241E MAINT SUPPLIES 10-180-245-000-000 16878 Total : 495.88 63169 3/24/2009 011011 DODD, CONSUELO C. 63611 COP Uniform Reimbursement 10-180-218-000-000 443.04 Total : 443.04 63170 3/24/2009 002165 DRUG ALTERNATIVE PROGRAM 7502 WEED CONTROL AT PARKS 10-450-245-000-000 500.00 Total : 500.00 63171 3/24/2009 002450 FERRE', MARYETTA MARCH-AUTO March Auto Allowance 10-110-273-000-000 20000 Page: 7 vchlist Voucher List Page: 8 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63171 3/24/2009 002450 FERRE', MARYETTA (Continued) MARCH-STIPEl' March Council Stipend 32-200-120-000-000 15000 10-110-120-000-000 250.00 Total : 600.00 63172 3/24/2009 002500 FIREMASTER 113172910 Recharge Fire Extinguishers 10-808-246-000-000 29339 Total : 293.39 63173 3/24/2009 002721 FRITTS FORD FLEET CENTER Q46379 VEHICLE MAINT 10-180-272-000-000 10336 Total : 103.36 63174 3/24/2009 002740 FRUIT GROWERS SUPPLY 32091615 MAINT SUPPLIES 10-450-245-000-000 2807 32091792 MAINT SUPPLIES 10-450-245-000-000 13.74 32091794 MAINT SUPPLIES 10-450-245-000-000 1582 90044221 MAINT SUPPLIES & REPAIRS 10-450-246-000-000 287.43 10-180-218-000-000 12.80 90049461 MAINT SUPPLIES & REPAIRS 10-180-218-000-000 1455 90050006 MAINT SUPPLIES & REPAIRS 10-180-218-000-000 3800 90118894 MAINT SUPPLIES & REPAIRS 10-450-245-000-000 44.05 90259070 MAINT SUPPLIES & REPAIRS 10-450-245-000-000 28743 10-450-246-000-000 2489 90264046 MAINT SUPPLIES & REPAIRS 10-450-245-000-000 29.09 Page 8 l vchlist v;;ucher List Page: 9 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63174 3/24/2009 002740 FRUIT GROWERS SUPPLY (Continued) 90264865 MAINT SUPPLIES & REPAIRS 10-450-245-000-000 28743 10-450-246-000-000 1.27 90265906 MAINT SUPPLIES & REPAIRS 10-450-246-000-000 20303 90266000 MAINT SUPPLIES & REPAIRS 10-450-246-000-000 18.93 Total : 1,306.53 63175 3/24/2009 002760 G & R REFRIGERATION 40189 Child Care Refridgerator repair 10-440-246-000-000 241 58 Total : 241.58 63176 3/24/2009 002901 G T AREA CHAMBER OF COMMERCE 02172009 February Chamber Luncheon 10-180-270-000-000 800 10-110-270-000-000 28.00 10-120-270-000-000 800 10-370-270-000-000 1200 10-140-270-000-000 12.00 5484-AD JOINT NEWSLETTER CONTRIBUTION 10-125-213-000-000 87000 Total : 938.00 63177 3/24/2009 002795 GARCIA, LEE ANN MARCH-AUTO March Auto Allowance 10-110-273-000-000 20000 MARCH-STIPEr March Council Stipend 32-200-120-000-000 15000 10-110-120-000-000 949 Total : 359.49 63178 3/24/2009 011010 GAS EQUIPMENT SYSTEMS 6443 CNG Station Service 10-180-272-000-000 79245 Total : 792.45 63179 3/24/2009 002867 GOLDEN PROTECTIVE SERVICES 107383 RUBBER GLOVES 10-440-228-000-000 8598 Page: 9 vchlist Voucher List Page: 10 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63179 3/24/2009 002867 GOLDEN PROTECTIVE SERVICES (Continued) Total : 85.98 63180 3/24/2009 010181 GOPHER PATROL 174672 GOPHER CONTROL SERVICES 10-450-245-000-000 465.00 Total : 465.00 63181 3/24/2009 010164 GREAT-WEST MARCH 2O09 March Employee Deferred Comp 10-022-63-00 4,74749 Total : 4,747.49 63182 3/24/2009 010152 GREATER RIVERSIDE CHAMBER 46560 Mayor's State Reception-S Berry 10-180-270-000-000 4500 Total : 45.00 63183 3/24/2009 003152 HARPER & BURNS LLPN FEBRUARY February Legal Consult. Services 10-160-250-000-000 7,53500 32-200-251-000-000 7,535.00 Total : 15,070.00 63184 3/24/2009 010632 HIGH TECH SECURITY SYSTEMS 86174 SECURITY CAMERA MAINT AGREEMENT 10-180-246-000-000 2000 10-450-246-000-000 6000 Total : 80.00 63185 3/24/2009 003213 HONEYWELL ACS SERVICE 3430621 HVAC MAINT SERVICE AGREEMENT 10-180-257-000-000 5,498.75 Total : 5,498.75 63186 3/24/2009 003490 INMARK/VICTOR 108389 Door Name Plates 10-140-210-000-000 1796 10-370-210-000-000 1796 10-110-210-000-000 17.96 Total : 53.88 63187 3/24/2009 003503 INT'L CITY/COUNTY MGT ASSN 10056182 Installment Pledge 10-180-265-000-000 50.00 Total : 50.00 Page: 10 vchlist 'v jusher List Page: 11 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63188 3/24/2009 010639 INTERNATIONAL CODE COUNCIL 1088450-IN Illustrated Building Codes Publication 10-172-210-000-000 48.94 Total : 48.94 63189 3/24/2009 003850 JANI-KING LAX03090045 C. CARE DAILY CLEANING & CARPET CLEANING 10-440-244-000-000 975.00 Total : 975.00 63190 3/24/2009 010773 KELLAR SWEEPING INC 4399 FY 08/09 STREET SWEEPING- 16-900-254-000-000 4,200.00 Total : 4,200.00 63191 3/24/2009 003890 KELLY PAPER 2382351 Program Paper Stock 10-180-210-000-000 32.24 Total : 32.24 63192 3/24/2009 004352 LEAGUE OF CALIFORNIA CITIES 82787 2009 Membership Dues 10-190-265-000-000 5,507.00 Total : 5,507.00 63193 3/24/2009 010812 LOWE'S COMMERCIAL SERVICES 11822 Misc Janitorial Supplies/Equip 10-180-255-000-000 7.69 10-180-210-000-000 21.49 14001 MAINT SUPPLIES 10-180-245-000-000 14870 14001A Misc. Maint. Supplies 10-440-245-000-000 5.39 Total : 183.27 63194 3/24/2009 010895 MCKINLEY, RON 03122009 Weed Abate-21992 DeBerry Street 32-600-05 25000 Total : 250.00 63195 3/24/2009 010611 MCNABOE, DARCY MARCH March Commission Stipend 10-801-120-000-000 50.00 Total : 50.00 63196 3/24/2009 004632 METLIFE 895065375M1 Insurance Premium-H. Grant Page: 11 vchlist Voucher List Page: 12 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63196 3/24/2009 004632 METLIFE (Continued) 10-110-142-000-000 701 98 Total : 701.98 63197 3/24/2009 010446 MILLER, JIM MARCH-AUTO March Auto Allowance 10-110-273-000-000 200.00 MARCH-STIPEP March Council Stipend 32-200-120-000-000 15000 10-110-120-000-000 250.00 Total : 600.00 63198 3/24/2009 004670 MIRACLE MILE CAR WASH 626989 VEHICLE MAINT 10-440-272-000-000 14610 Total : 146.10 63199 3/24/2009 010863 MOLINA, SANDRA 03022009 Postage Purch. Reimbursement 10-370-210-000-000 6090 Total : 60.90 63200 3/24/2009 011008 MORENO, MAGDALENO 03102009 Refund of Street Cut Deposit 23-302-03-00 500.00 Total : 500.00 63201 3/24/2009 004785 MULLINS, MICHAEL APRIL April Cobra Health Reimbursement 10-180-240-000-000 371 78 Total : 371.78 63202 3/24/2009 010836 NATIONAL ORANGE SHOW 37571 Gala Event Favors 23-200-12-00 675.00 37571/37571A Gala Event favors 23-200-12-00 -675.00 37571A Gala Event Favors 10-190-220-000-000 67500 Total : 675.00 63203 3/24/2009 010097 NEXTEL COMMUNICATIONS 410575025-077 January Nextel Phone Charges 10-440-244-000-000 51 17 10-180-240-000-000 65591 Page: 12 vchlist Voucher List Page: 13 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63203 3/24/2009 010097 NEXTEL COMMUNICATIONS (Continued) Total : 707.08 63204 3/24/2009 005400 OFFICE DEPOT 466318296-001 Misc Supplies-Blue Mtn Hike Event 23-200-12-00 15.54 Total : 15.54 63205 3/24/2009 010851 PARADIGM PRESSURE WASHING 02282009 FY 08/09 GRAFFITI CLEAN UP 10-180-255-000-000 500.00 Total : 500.00 63206 3/24/2009 005586 PETTY CASH 03162009 Petty Cash Replenishment 10-440-221-000-000 20.48 10-440-223-000-000 104.02 10-440-228-000-000 65.07 10-440-270-000-000 34.65 Total : 224.22 63207 3/24/2009 010663 PHELPS, BRIAN MARCH March Commission Stipend 10-801-120-000-000 50.00 Total : 50.00 63208 3/24/2009 005688 PROTECTION ONE 31891344-3/09-f ALARM MONITORING 10-180-247-000-000 117.74 Total : 117.74 63209 3/24/2009 010979 RAY'S CABINET SHOP 02182009 FURNISH/INSTALL CABINET/COUNTERTOP 10-180-245-000-000 3,087.98 Total : 3,087.98 63210 3/24/2009 006070 REDLANDS PLUMBING/HEATING 19812 PLUMBING SUPPLIES 10-180-245-000-000 3.02 Total : 3.02 63211 3/24/2009 010723 RICHARD POPE &ASSOCIATES 3834 CONSTRUCTION FIELD SERVICES 13-445-710-000-000 720.00 3843 CONSTRUCTION FIELD SERVICES 13-445-710-000-000 57200 Page: 13 vchlist Voucher List Page: 14 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63211 3/24/2009 010723 RICHARD POPE &ASSOCIATES (Continued) Total : 1,292.00 63212 3/24/2009 006242 RIVCOMM LLC 102816 Antenna Installation -EOC/CERT 10-808-235-000-000 1,69500 Total : 1,695.00 63213 3/24/2009 006335 ROQUET PAVING INC 1214-08 Street/Sinkhole repairs 16-900-258-000-000 18,098 00 Total : 18,098.00 63214 3/24/2009 006341 ROSENOW SPEVACEK GROUP INC JANUARY 2009 CONSULTING SERVICES 32-370-250-000-000 16,443 50 Total : 16,443.50 63215 3/24/2009 006531 S.B. COUNTY SHERIFF 8927 FY 08/09 CONTRACT LAW ENF. SERVICES 10-410-255-000-000 4,30704 10-410-256-000-000 130,679 17 14-411-256-000-000 24,181.79 Total : 159,168.00 63216 3/24/2009 006565 SAN BERNARDINO COUNTY SUN 561054195 Subscription Balance Due 10-804-210-000-000 7.08 Total : 7.08 63217 3/24/2009 010664 SHELL FLEET MANAGEMENT 8000209687903 Maint. Vehicle Fuel 10-180-272-000-000 248.91 Total : 248.91 63218 3/24/2009 006720 SO CA.EDISON COMPANY 2011959749-FE Feb Utility Charges 16-510-238-000-000 5,25867 26-601-238-000-000 41.50 26-600-238-000-000 49.80 26-602-238-000-000 58.10 Total : 5,408.07 63219 3/24/2009 006730 SO CA.GAS COMPANY 17699860825-fe Feburary CNG Fuel Charges Page- 14 vchlist %:;�dcher List \ Page: 15 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63219 3/24/2009 006730 SO.CA.GAS COMPANY (Continued) 10-180-272-000-000 18.35 10-440-238-000-000 126.10 34-800-272-000-000 6.12 10-190-238-000-000 572.83 10-440-272-000-000 6.12 Total : 729.52 63220 3/24/2009 010974 STANCKIEWITZ, WALT 00-001 01 61 758 April Health Insurance Benefit Reimb. 10-120-110-000-000 326.00 MARCH-AUTO March Auto Allowance 10-110-273-000-000 200.00 MARCH-STIPEI` March Council Stipend 32-200-120-000-000 15000 10-110-120-000-000 25000 Total : 926.00 63221 3/24/2009 006778 STAPLES CREDIT PLAN 1550735001 Misc Office Supplies 10-140-210-000-000 95.84 7069 OFFICE SUPPLIES 10-180-210-000-000 98.26 8880 Misc Office Supplies 10-180-701-000-000 11007 9047185001 Misc Office Supplies 10-180-210-000-000 7242 9253813001 Misc Office Supplies 10-180-210-000-000 101.78 9253813011 Misc Office Supplies Return 10-180-210-000-000 -32.30 9253813012 OFFICE SUPPLIES 10-180-210-000-000 32.95 9253813021 Misc Office Supplies Return 10-180-210-000-000 -31.46 9356550001 OFFICE SUPPLIES 10-180-210-000-000 9372 Page 15 vchlist Voucher List Page: 16 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63221 3/24/2009 006778 STAPLES CREDIT PLAN (Continued) 9368059001 City Hall Copy Paper supply 10-190-212-000-000 127.20 9401421002 Misc Office Supplies 10-180-272-000-000 7755 9624183001 Misc Office Supplies 10-185-210-000-000 245.64 9867863001 OFFICE SUPPLIES 10-180-210-000-000 8766 9867863001A Misc. Office Supplies 10-370-210-000-000 150.20 9867863003 OFFICE SUPPLIES 10-180-210-000-000 35.34 Total : 1,264.87 63222 3/24/2009 006898 SYSCO FOOD SERVICES OF L.A. 903041411 C. CARE FOOD & SUPPLIES 10-440-220-000-000 29317 903111316 C CARE FOOD & SUPPLIES 10-440-220-000-000 39830 Total : 691.47 63223 3/24/2009 007102 T.Y.LIN INTERNATIONAL 0902298 CHG ORD#4 BARTON BRIDGE 47-100-250-001-000 13,316.30 Total : 13,316.30 63224 3/24/2009 010712 TASO TECH, INC. 395 HDL Update Installation 10-172-701-000-000 367.50 Total : 367.50 63225 3/24/2009 010590 TERRA LOMA REAL ESTATE MARCH March Prop Mngmt Fees 32-600-05 96.00 Total : 96.00 63226 3/24/2009 010934 THE SATELLITE WORKS INC 3008190024 FY 08/09 MONTHLY ACCESS FEE 10-808-235-000-000 41.95 3008190025 FY 08/09 MONTHLY ACCESS FEE 10-808-235-000-000 41.95 Page 16 vchlist \ ..:cher List Page: 17 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63226 3/24/2009 010934 THE SATELLITE WORKS INC (Continued) Total : 83.90 63227 3/24/2009 011009 TIM'S MOBILE TRUCK REPAIR 11983 Dump Truck Maint./Repair 10-180-272-000-000 195.72 Total : 195.72 63228 3/24/2009 007034 TRANSPORTATION ENGINEERING 830 Speed Zone Proi. Consultation 10-180-255-000-000 3,797.20 837 Speed Zone Proi. Consulting 10-180-255-000-000 3,092.00 851 Speed Zone/Signal Timing Consulting 10-180-255-000-000 1,147.50 852 Traffic Enq. Consulting Svcs 10-180-255-000-000 2,28540 861 Speed Zone/Signal Timing Consulting 10-180-255-000-000 3,89500 905 FY 08/09 CONSULTING SERVICES 10-370-255-000-000 3,11040 Total : 17,327.50 63229 3/24/2009 007220 UNDERGROUND SERVICE ALERT 220090265 DIG ALERT MONTHLY SERVICES 16-900-220-000-000 19.50 Total : 19.50 63230 3/24/2009 010949 UNIQUE CREATIONS 49420 Emergency Medical Supplies 10-808-221-000-000 297.93 Total : 297.93 63231 3/24/2009 007539 VALLEY TIRE COMPANY 88478 Maint Truck Flat Repair 10-180-272-000-000 30.00 Total : 30.00 63232 3/24/2009 007843 WEST COAST ARBORISTS INC 57161 TREE SERVICES 16-900-260-000-000 1,368.00 57641 TREE SERVICES 16-900-260-000-000 1,680.00 Page 17 vchlist Voucher List Page: 18 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63232 3/24/2009 007843 WEST COAST ARBORISTS INC (Continued) Total : 3,048.00 63233 3/24/2009 007854 WESTERN EXTERMINATORS CO 418085 PEST CONTROL 10-180-245-000-000 125.00 10-805-245-000-000 33.00 Total : 158.00 63234 3/24/2009 007925 WILSON, DOUG MARCH March Commission Stipend 10-801-120-000-000 50.00 Total : 50.00 63235 3/24/2009 007938 WIRZ & COMPANY 56355 Blue Mtn Hike Postcards 10-180-230-000-000 1,263.23 56433 GT Buck Certificate Printinq 10-180-230-000-000 1,008.43 Total : 2,271.66 63236 3/24/2009 010864 WIRZ, MATT 02242009 Mileage Reimbursement 10-180-270-000-000 4895 Total : 48.95 63237 3/24/2009 010684 WTS-IE, C/O LINDA FISHER 17367 Membership Renewal-B. Cortes 10-110-220-000-000 95.00 Total : 95.00 63238 3/24/2009 007987 XEROX CORPORATION 039006486 CC 55 COPIER LEASE- 10-190-700-000-000 33449 10-190-700-000-000 21.00 10-190-212-000-000 492 039006487 CC265 COPIER LEASE 10-190-700-000-000 27066 10-190-700-000-000 1787 10-190-212-000-000 3.10 Total : 652.04 63239 3/24/2009 007984 YOSEMITE WATERS 742679 BOTTLED WATER SERVICE Page. 18 vchlist V-Sucher List Page: 19 03/18/2009 5:44:18PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 63239 3/24/2009 007984 YOSEMITE WATERS (Continued) 10-190-238-000-000 7315 10-440-238-000-000 56.90 10-805-238-000-000 7.70 34-400-238-000-000 770 Total : 145.45 3/12/2009 007400 U S BANK TRUST N.A. MARCH '97 COP MONTHLY LEASE PAYMENT 33-300-206-000-000 23,111.67 Total : 23,111.67 109 Vouchers for bank code : bofa Bank total : 410,266.94 109 Vouchers in this report Total vouchers : 410,266.94 I certify that to the best of my knowledge, the afore-listed cheeks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director Page 19 CITY OF GRAND TERRACE PENDING CITY COUNCIL APPROVAL CITY COUNCIL MINUTES JOINT WORKSHOP CITY COUNCIL & PLANNING COMMISSION MARCH 10,2009 A joint workshop of the City Council and Planning Commission 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 March 10, 2009, at 4:00 p.m. PRESENT: Maryetta Ferrd, Mayor Lee Ann Garcia, Mayor Pro Tern Walt Stanckiewitz, Councilmember Doug Wilson, Chairman Matthew Addington, Vice-Chairman Tom Comstock, Commissioner Brian Phelps, Commissioner Brenda Mesa, City Clerk Steve Berry, Acting City Manager Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director Sandra Molina, Senior Planner ABSENT: Bea Cortes, Councilmember Jim Miller, Councilmember Darcy McNaboe, Commissioner Bernard Simon, Finance Director John Harper, City Attorney Sgt. Hector Gomez, San Bernardino County Sheriff's Department John Salvate, San Bernardino County Fire Department CONVENE PUBLIC JOINT WORKSHOP PUBLIC COMMENT Janet Rich, 11701 Terrace Avenue, stated that she has lived at her current address for 35 years and owned the land six years prior to that. It was zoned agriculture when they purchased the land and built their home. Someone decided that it needed to be zoned light industrial. The three families that live down in the area at that time was against the zoning change. They went to all of the meetings,however it didn't do any good. The zoning was changed to light industrial with an agriculture overlay. They said with the agriculture overlay they would still be able to have their livestock and do what they wanted with their property. COUNCIL AGENDA ITEM NO. 3 C j Council Minutes 03/10/2009 Page 2 She didn't know anything about the agriculture overlay being removed or any meeting where it was discussed. It is her understanding that if her house catches fire and there is more than a 60% loss, she can not rebuild. She stated that when the sewer went through they were charged as if they put three homes on their property. She would really appreciate it if the agricultural overlay would be put back on her property and the properties in her immediate area. Janese Makshanoff,21816 Vivienda Avenue, indicated that she is in the same predicament as Janet Rich. There are three houses in that area. She is legal non-conforming. When the City removed the agricultural overlay it took a lot more away from them than just the zoning. She has a one time shot to add on 140 square feet onto her home. Everything they have is invested in their home. She would like to see the agricultural overlay put back so that they don't encounter legal issues if something happens to the home in the future and they want to re-build. Charles Hornsby, 22656 Brentwood Street, stated that he has lived here for about sixteen years and he can't remember a more pleasant site than one that has come up recently, the arrival of four llamas and five goats on Grand Terrace Road. He is a big believer that being around animals makes us better people. The best aspect is that the pasteur that they are in is a block from the grade school where many children don't get an opportunity to see animals like these other than in books or on the computers. A couple of meetings ago a speeding problem on Palm Avenue was discussed. He stated that before the City goes through all the trouble and expense of deciding on a stop sign or stop light,the members of the City Council, Planning Commission and a couple of staff members could break up into teams of two and walk the neighborhoods and talk about the speeding problem which may have better results than a stop sign or light. Jeffrey McConnell, 21758 Walnut Avenue, reported that he has been working with his neighbors Janet and Janese ever since the process of the General Plan Update started. They have brought this issue up repeatedly with the Planning Commission to try and get the Agricultural Overlay back. There is more than just their concerns,from the viewpoint of the City it would open up the possibility of other uses in that area other than light manufacturing. The roads in that area were not designed to handle heavy vehicles. Sink holes occur on Terrace. They could possibly come up with some uses that would allow development instead of vacant land and avoid potential battles such as Manhole Builders, etc. He is in support of an agricultural overlay and wanted to remind the Planning Commission and the Council that this has been discussed for a long time. He feels that there are some restrictions on the Agricultural Overlay that need to be discussed and reviewed such as the number of horses allowed to eliminate the cost of a CUP and the expense of the Planning Commission. Joyce Powers.Community and Economic Development Director,stated that they appreciate the comments that were made and staff will be addressing them in the presentation. Council Minutes 03/10/2009 Page 3 Staff has gone through the old records, notes and minutes. This is the sixteenth workshop that is being held relative to the General Plan. She stated that Sandra Molina,Senior Planner will be giving the presentation which will cover the draft land use element and the schedule for the General Plan process. _ Sandra Molina, Senior Planner, stated that this is the sixteenth workshop and it is intended �r to discuss the Administrative Draft General Plan Land Use Element and Land Use Map. The California Government Code requires that every city and county adopt a General Plan and mandates that the following elements be included: land use,circulation,conservation,open space,noise,housing and public safety. There is an option of having additional elements and combine the elements provided that the mandates are met. A number of workshops have been held over the course of a couple of years resulting in an Administrative Draft General Plan that is dated January 17, 2008. This draft was made available for public review, and later discussed during a Planning Commission workshop on March 20, 2008. The Land Use Element designates the proposed general distribution and general location and extent of the uses of land for, among other things, housing, business, open space, natural resources, recreation, and public facilities. It functions as a guide to planners, the general public and decision makers as to the ultimate pattern of development of the city,at build-out. The document itself has gone through some specific sections. It talked about the relationship of the element to other plans and programs such as the Barton Road Specific Plan, neighboring jurisdictions,the zoning code and other elements within the General Plan. We have to ensure that each element is consistent with every other element. There is discussion with respect to existing conditions in the City, which would be the uses that exist and the topography and the type of circulation there is and other items that will guide staff when considering the type of land uses that should be considered in the City. When we get to the proposed land use designations, each designation has a description as far as what it means and discusses the intensity of the land use. All of the information is gathered and goals and policies are established as well as an implementation program. In looking back at notes, previous staff held a series of workshops with the Commission that went over the existing goals and policies that are in the General Plan and had general discussions on which ones should be kept and expanded upon. She had a member of the public express their concern with exhibit 2.3. Exhibit 2.3 is the Land Uses that occur on various properties within the City. The concern was specifically that it wasn't reflecting what was truly out there,mainly the area west of Michigan Street and along the Barton Road Corridor. Staff would like to go back and re-survey the area to determine what changes may be needed in the area. The Land Use Element contains specific goals and each goal is broken down into policies and each policy is broken down into an implementation program. Council Minutes 03/10/2009 Page 4 She stated that Commissioner Phelps contacted her last week with a specific question regarding some policies. Commissioner Phelps, stated that he questioned whether they wanted to add another goal which would be to encourage access to Blue Mountain. He indicated that he was told that it was probably included under the Open Space Element. He read through the Open Space Element,however, he is unsure whether it is covered enough. He feels that adding it to the Open Space Element would be the best way to go. Senior Planner Molina, stated that Commissioner Phelps had asked that staff strengthen the desire to have a park in the Blue Mountain area and we do that by ensuring that we consider access points to Blue Mountain. Staff will review which element it would make most sense to be in. Mayor Pro Tem Lee Ann Garcia,stated that the development of Blue Mountain is a goal and questioned if it would be easier to receive Federal Funding if it is included in the General Plan. Community and Economic Development Director Powers, responded that when you apply for Federal Funding you do need to provide strategies and plans that you have in place that state the goals and the process in which you would achieve that. She has taken a look at the Open Space Element. The City owns a parcel at the base of Blue Mountain and that provides a perfect opportunity to offer that access. Senior Planner Molina, briefly went over the land use map. Planning Commission Chairman Doug Wilson,stated that he doesn't see anything designated as Medium/High Density Residential on the map except for the area where the Senior Housing Proj ect is. He feels that there should be a few other locations identified within the City. Senior Planner Molina, responded that she was going to get to that point. The Land Use Designations that are proposed are designations that are existing under our current General Plan with the exception of the Medium/High Density Residential, which is new. This designation as adopted is intended for senior affordable housing. With the Senior Housing Project being the only location that currently fits the designation that is the only property designated on the map. At the joint workshop in January, the Housing Element was discussed and the need for an Affordable Housing Overlay. The Land Use Map does not include overlays, it is a zoning map function. She wanted to clarify that when they talked about the Affordable Housing Overlay it was discussed that Staff is working on a survey with affordable housing developers to determine what would be an optimum density. The State wants the City to use a base density of 20 units per acre and we might find that 16 or 18 Council Minutes 03/10/2009 Page 5 might be more appropriate based on the survey. In order to use the designation of 16 or 18 units per acre in the affordable housing overlay at the time the Housing Element is adopted we have to adopt a sister amendment to the zoning code that codifies how we are going to implement that affordable housing overlay zone. Chairman Wilson, indicated that he feels that if we are going to propose a Land Use Map it should strickly identify what will be proposed for those land uses and he knows that the General Plan and the Zoning can not be incongruent so there may be an action that is required to retroactively stick a land use that is appropriate in the General Plan modification but feels that now is the time to identify it. We don't want to get ourselves stuck in a hole with something as controversial as affordable housing. He doesn't feel that there are many properties within the City that would be affected so we should show that designated areas. He feels that this is a critical part of the operation of the City to make sure that the affordable housing is fulfilled. Senior Planner Molina, responded that she understands Chairman Wilsons comments and that Staff will look into the best way to handle it. Mayor Pro Tern Garcia, requested a matrix be done as the General Plan Update process moves forward. She stated that she concurs with Chairman Wilson with being specific and up front. Senior Planner Molina, stated that another designation that is new to the General Plan is the mixed use designation,which will be seen under proposed residential land use designations and non-residential land use designations. The land use designations cover about 12,045 acres within the City. At build out we would anticipate that these residential designations will accommodate a population of about 15,700 people. With the proposed non-residential land use designations,we have about 1,400 acres. With build out we anticipate with these designations to accommodate an employment base of almost 12,000 people. The mix use designation is approximately 80 acres. The light industrial designation is the area that the public is concerned with, which is the north west corner of the City. They have the flood plane industrial and the light industrial. During the Commission workshops this concern was discussed and what was done was the table that breaks down the different land uses there was some language under the flood plain industrial that anticipates that because of the flood plain issues,the infrastructure issues,and the road issues there will be quite a bit of infrastructure improvements that will need to be done to support industrial development so we see that happening over a period of time. In the interim there is some language that anticipates that the agricultural overlay will be established in the Flood Plain Industrial Designation to allow the keeping of the animals and residential uses. Mayor Pro Tem Garcia, wanted to clarify that the Agricultural Overlay was removed and now staff is suggesting to put it back in. Council Minutes 03/10/2009 Page 6 Senior Planner Molina, responded that staff is suggesting that the Agricultural Overlay be placed on the Flood Plain Industrial area. She can not answer what has happened in the past, however it is not there now. Mayor Pro Tem Garcia, questioned why the overlay can only be shown on the zoning map. Senior Planner Molina, responded that typically overlay are overlay zones and zones are shown on zoning maps. Mayor Pro Tern Garcia,questioned if someone was curious about Land Use could reference be made that there is an overlay and reference the zoning map. Senior Planner Molina, responded in the affirmative. She stated that this particular designation references that the agricultural overlay zoning designation would be put in place. Planning Commissioner Tom Comstock,stated that he noticed on the proposed land use map the mix use element is in there and he is looking at the zoning map and he doesn't see any kind of overlay for mix use on the zoning map. He questioned if it should be included on the zoning map. Senior Planner Molina,responded that as soon as the General Plan is adopted,the next step will be to update the zoning map and zoning code. The Zoning map will have to be changed to reflect consistency with land uses. She stated that she gave a brief overview of the land use element and the land use map. Staff does not anticipate future workshops on the remaining elements unless the Commission or Council feels that we need to have joint workshops or individual workshops. If the Council or the Commission would like to have future workshops on any of the elements they should let staff know. Commissioner Phelps,stated that he feels that the Open Space Element should be revisited. Commissioner Comstock, stated that he is happy with the Land Use Element and the Land Use Map. Planning Commission Vice-Chairman Matthew Addington,stated that staffhas done a good job and he would like to see it move forward. Chairman Wilson, requested an explanation on the difference between exhibit 2.4 and 2.5. Senior Planner Molina, responded that exhibit 2.4 is our existing General Plan Land Use Map as it exists today. 2.5 is what staff is proposing for the General Plan Update. Chairman Wilson, restated his point with regards to the affordable housing being included Council Minutes 03/10/2009 Page 7 on the Land Use Map to ensure that there is a correct assumption as a land use item. Commissioner Phelps, questioned if we should consider placing a goal for Blue Mountain Access in simple words "The City shall encourage the access to the open space of Blue Mountain". Mayor Pro Tem Garcia,questioned the development of Blue Mountain and standards related to the elevation. Senior Planner Molina,responded that there is policy set for building relative to elevations. Mayor Pro Tem Garcia, feels that the map isn't truly reflecting what the policy is saying. Senior Planner Molina,responded that it depicts what the designation is. This is what staff would use to review applications that come in. She stated that the Hillside Low Density Residential has been in place for quite some time as a result of past workshops. There are protections in place to insure that the mountain top is maintained. Mayor Pro Tem Garcia,questioned if it is taken into consideration if a development is going to be a burden upon the cost of services. Community and Economic Development Director Powers,stated that developers are limited by elevation. The applicant would have to provide access to services or provide an alternative. In terms of whether we want to allow development on Blue Mountain, the parcels are individually owned by private parties, most of which have already evaluated where on their parcel they can actually build one or two residential buildings if any. They purchased the property knowing what its value is. There are impact fees that are included in the development of a project. Chairman Wilson, stated the property owners purchased the land with the knowledge that they would have restrictive conditions to deal but that they still have use of the property. Mayor Pro Tem Garcia, wanted to confirm that there is no building above 1,450 elevation. Chairman Wilson, confirmed. Commissioner Phelps, would like to see some way to gain access to Blue Mountain. Community and Economic Development Director Powers,stated that the City owns a parcel at the base of Blue Mountain and she believes that a policy can be added to the Open Space Element. Council Minutes 03/10/2009 Page 8 Mayor YL. iyetta Ferre,requested clarification on the Agricultural Overlay and that it is going to cover ;:ie areas that have been brought up this evening. Senior P..Inner Molina, responded that there is language included in the Flood Plain Industria; Designation that allows for the continued use of the residential uses as well as agricultt>>:�l uses. The zoning map at this time only has a flood plain overlay zone so when the map . updated they will include the agricultural overlay zone. Commis: Dn Comstock, wanted to make sure that the Light Industrial Designation and the Flood P' :i Industrial Designation areas are covered by the Agricultural Overlay. Senior P'. =mer Molina, stated that the same language will be placed in the Light Industrial Designa:, -n that is in the Flood Plain Industrial Designation. She reported that the Draft EIR is being repared and will cover this General Plan update and the Redevelopment Plan Amender at. Staff met with the environmental consultant and they anticipate getting the screen ci ;k for review in April. Staff will go through that and get it ready for release to the public ar anticipate that the Draft EIR will be ready for release in May or June. Commui:_ ;v and Economic Development Director Powers,added that once the Draft EIR is released .ere is a 45 day public comment period and staff will go back and address the commen, We are looking at the month of July or early August to have everything certified, which w,;..:ld be the General Plan, EIR and the Amendment to the Redevelopment Plan. Chairman.'Nilson,stated that looking at exhibit 2.2 in the General Plan Update,the Specific Plan Loc_.tions, he would like two considerations, given the infield nature of the General Commer...al Area that is identified in exhibit 2.5,we have the Barton Road Specific Plan tied up as a S l ,cific Plan location and due to the nature of the animal that is identified under that General C immercial Mix Use would it be a good idea to adhere a specific plan requirement for that ar:;j,anything north of the high school and north of the industrial section within that mix use ' cation and the appendages of the commercial. He is thinking that the same thought p,,:tern would be applicable to the blue area within the Blue Mountain area hill side low dens., v residential. He feels that both areas could be specific plan areas to be able to tie the vario ; uses and be able to provide a proper buffer between the uses. Senior P1_--szner Molina, indicated that those areas will be specific plans when they are developer? It is her understanding that for this particular exhibit is to identify adopted specific plans that are already in effect. Chairman Wilson,feels that we get ourselves in trouble when we don't let the general public know that an area might be up for a specific plan. This might be our tool. It puts it under our control to some extent. Council Minutes 03/10/2009 Page 9 Community and Economic Development Director Powers,stated that they will look further into what Chairman Wilson is saying, however,the particular map that he is referring to is for existing Specific Plans that have been adopted and is required. Mayor Pro Tern Garcia, questioned if there is anything official related to the Outdoor Adventures Center. Jeffrey McConnell,21758 Walnut Avenue,clarified that the residential area that he lives in still has the agricultural overlay. Chairman Wilson,responded in the affirmative. Commissioner Comstock,stated that it might be helpful to have a topography map showing the area above the 1,450 elevation on Blue Mountain when it comes time to have discussions. He believes that there are other parcels in town that have an agricultural overlay and he wants to make sure that all of the parcels that have an agricultural overlay continue and would like that to be clarified on the zoning map as well. Senior Planner Molina, stated that she will meet with Commissioner Comstock to clarify which properties he is referring to. Mayor Ferr6 adjourned the Joint Workshop between the City Council and the Planning Commission to discuss the Land Use Element at 5:05 p.m. CITY COUNCIL MINUTES REGULAR MEETING -MARCH 10 2009 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 March 10, 2009 at 6:00 p.m. PRESENT: Maryetta Ferr6, Mayor Lee Ann Garcia, Mayor Pro Tem Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Hector Gomez, San Bernardino County Sheriffs Department Council Minutes 03/10/2009 Page 10 John Salvate, San Bernardino County Fire Department ABSENT: Bea Cortes, Councilmember The City Council meeting was opened with Invocation by Pastor Pat Bower, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Mayor Pro Tern Lee Ann Garcia. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE -None SPECIAL PRESENTATIONS 2A. Grand Terrace $5.00 Buck Acting Cjjy Manager Steve Berry,announced that the City has been working on the GT Buck Program and is proud to say that the official GT Bucks are in. They have anti theft measures to prove authenticity. 500 residents have been chosen to receive their GT Buck. Management Analysis Matthew Wirz, explained how the 500 residents were chosen. Acting Cijy Manager Berry,added that the residents will receive a congratulatory letter from the Mayor explaining how the GT Buck works. People can purchase a GT Buck to help support local businesses. A story was done on Grand Terrace on the LA News and they shared the video clip. CONSENT CALENDAR CC-2009-33 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to approve the following Consent Calendar Items: 3A. Approve Check Register Dated March 10, 2009 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 2-24-2009 Minutes 3D. Special Events Permit Requested by Calvary, The Brook for the Use of Rollins Park for a Special Event on April 12, 2009 3E. Authorization for the Acting City Manager to Attend the National League of Cities Meeting, March 13 - 18, 2009 in Washington D.C. 3F. Council to Review Purchase of Hybrid SUV for Code Enforcement Department Using AQMD AB2766 Funds and Facilities Development Fund 19-700-705 Council Minutes 03/10/2009 Page 11 PUBLIC COMMENT Robert Stouffer, 12488 Warbler, stated that over the past several weeks he has read in the newspaper that Grand Terrace wants to be a bicycle friendly town. Where he lives it is unfriendly and unsafe. Every morning on the weekend bicyclist are flying through the four ways stops through the signal lights. He personally almost hit one that ran a stop signs. He has witnessed Deputies running through stop signs full speed no lights and no sirens. There are children walking on the street and riding skateboards and riding bikes. He feels that someone is going to get hurt. He feels that if we are promoting Grand Terrace as a bicycle friendly town this needs to be taken care of. Corey Wilson,22310 Barton Road#313,reported that he is a business owner. He stated that it is not often that you will see a City trying to help and promote businesses locally. He feels that the GT Buck is very innovative and thanked Acting City Manager Berry. Dennis Kidd,22874 Pico Street, stated that there was a good article in the last edition of the Grand Terrace City News about the naming of the New High School. The wrong day and time of the Board of Education Meeting was listed. The meeting will be held on March 12, 2009 at 5:30 p.m. at the CJUSD Student Service Center Board Room. It is important that everyone from Grand Terrace attend this meeting. If there is no support from Grand Terrace the new High School will not be named Grand Terrace High School. He supports honoring JoAnn Johnson at the new Senior Center. He reminded everyone that on March 15,2009 is the Blue Mountain Hike. Margie Miller, 22996 Palm Avenue, apologized about the error of information on the time and address of the CJUSD Board Meeting. The correct address and time will be in the City News and the paper will be coming out on Wednesday to make sure that everyone sees the correction. She stated that the Meeting will be held on March 12, 2009 at 5:30 p.m. at 851 South Mt. Vernon Avenue in Colton. It is important to go out and show support. Phil Velez, 1025 S. Riverside Avenue, Rialto, invited everyone to attend the 4th Annual Scout Reach Program Distinguished Citizens Award Dinner that will be held on Wednesday, April 8,2009 in the fellowship hall at the Assembly of God Church located at 450 W. Citrus Avenue in Colton. Dinner will begin at 6:00 p.m. A committee of citizens from Colton and Grand Terrace have assisted the Boy Scouts of America in sponsoring the dinner to help raise funds for the scouts reach program. The Scout Reach program ensures that all young people have an opportunity to join scouting regardless of their financial circumstances, neighborhood environments or ethnic background. The program emphasizes on ethics,goals and values, and teaches responsibilities. The dinner helps raise funds for the Scout Reach Program and allows them to recognize a community resident that have made significant contributions to their community. He announced that Pat Nix from Grand Terrace is going to be recognized as well as the Football Coach from Colton High School. Council Minutes 03/10/2009 Page 12 Acting City Manager Berry, stated that he will work with the Sheriff s Department and Mr. Stouffer regarding his concerns. REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of February 2, 2009 CC-2009-34 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM GARCIA,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to accept the February 2, 2009 Minutes of the Historical and Cultural Activities Committee. 2. Emergency Operations Committee a. Minutes of February 3, 2009 CC-2009-35 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to accept the February 3, 2009 Minutes of the Emergency Operations Committee. 5B. Council Reports Mayor Pro Tern Lee Ann Garcia,reminded everyone about the Hike on Blue Mountain that will start at 8:00 a.m. She commended the Food Connection for doing the fundraiser for Child Care Services. They will donate 25% of the purchases to the Grand Terrace Child Care Services to help purchase outdoor equipment. Councilmember Miller, reported that the City is getting hit again with graffiti. He asked where staff is on the Union Pacific bridge that has graffiti all over it. Acting_City Manager Berry,responded that an ordinance was done for that bridge. Currently staff is trying to build a bridge that requires working with Union Pacific and staff felt that it wouldn't be good to sue them right now. Councilmember Miller,reported that he has been receiving phone calls that Rollins Park is not getting opened at 7:00 a.m. and requested that staff look into it. He reported that the Grand Terrace Lion's Club will be holding their Pancake Breakfast on March 29, 2009. Councilmember Walt Stanckiewitz, reported that a new C.E.R.T. training class has begun. He feels that people need to get involved and feels that this is a very important organization Council Minutes 03/10/2009 Page 13 to get involved in. Last week he attended the League of California Cities Dinner. There were some presenters from Sacramento who gave an insider look at the State's financial situation. A presentation was given on the new budgeting method that they are going to try and teach the legislature. He felt that it was discouraging. He wrote an e-mail to the division representative and she has passed it on to the League President. It is his hope that they will take on the position that things need to change because things aren't. Mayor Ferrd, reported that she attended the San Bernardino County Wide Gangs and Drug Task Force. They always show what is being done to combat gangs and drugs in San Bernardino County. It is always very interesting and it's a labor of love for some of the people that work so hard to help people who have many strikes against. The Gang Reduction Intervention Team gave a presentation. She reported that City Staff and Council Members were invited to the Korean Seventh-Day Adventist Church for a musical program and dinner. They want to be a part of the community and are very serious about it. The Library is sponsoring Grand Terrace Community Book Read. This year it is"Pay it Forward"you can get copies in the library and there will be some discussion groups announced later. She reported that the Barton Square Ground Breaking will be held on Wednesday, March 11, 2009 at 1:30 on the northwest corner of Barton Road and Mt. Vernon. The three main businesses are Fresh&Easy, Walgreens and Starbucks. The Developer is Dr. Robert Ha. Everyone is invited to attend. She would like a report regarding High School #3 from the Colton Joint Unified School at the next Council Meeting. Mayor Pro Tem.Garcia,welcomed back Richard Shields and commended the Planning Staff for doing a great job on the joint workshop and thanked the Planning Commission as well. PUBLIC HEARINGS 6A. An Ordinance of the City of Grand Terrace, California Amending Title 18 of the Grand Terrace Municipal Code by Adding Chapter 18.72 Entitled Amateur("HAM") Radio Antennas,to the Grand Terrace Zoning Code,Applicable City-Wide(Zoning Amendment No. 06-02) Community and Economic Development Director Powers,thanked Councilmember Miller and Mayor Pro Tem.Garcia for their participation in the Committee. On January 22,2009, the Committee met to review an updated Ordinance, which clarifies the standards as requested by the Planning Commission, as follows: 1. Antennas that do not exceed fifteen (15) feet if ground mounted or ten (10) feet if roof mounted do not require submittal of a Land Use Application. 2. Antennas up to 35 feet above ground require a Land Use Application ($50.00 fee) and may be approved by the Community and Economic Development Director if all development standards are met. Council Minutes 03/10/2009 Page 14 3. If the Director has health and safety concerns or if the antenna does not meet the Ordinance's development standards,the application will be referred to the Planning Commission (no additional fee). 4. The applicant may appeal a decision of the Planning Commission to the City Council (no additional fee). 5. A 300-foot radius notification of adjacent property owners is required for all applications, regardless of height or number of antennas. The Committee also recommended that a section limiting the length and diameter of an antenna boom be deleted because related setback and total array area standards adequately addressed the size issue. The Committee then voted 12 to 1 in favor of forwarding the proposed Ordinance to the Planning Commission with this last modification. On February 19, 2009, the Planning Commission unanimously approve recommending that the City Council adopt the Ordinance and Negative Declaration. Staff is recommending that the City Council adopt the proposed Amateur "HAM" Radio Antenna Ordinance and Negative Declaration. Mayor Ferre opened the Public Hearing for discussion. JoAnn Johnson, 12723 Mt.Vernon,encouraged a yes vote on the proposed Ordinance. She had hoped for 45 foot height and she has concern with the 300 foot radius notification. Bob Souter, 12045 Westwood Lane, shared a short video on antennas. He feels that simple antennas should not require a permit. Mayor Ferre returned discussion to the Council. Mayor Pro Tem Garcia, asked the City Attorney to comment on the comments made on the video. City Attorney John Hamer, stated that cities and home owner associations have limited ability to regulate antennas. Case Law has changed back and forth over the years. The Ordinance that is before the Council meets the requirements of California and Federal Law. Mayor Pro Tern Garcia, thanked Councilmember Miller, Chairman Doug Wilson and Commissioner Brian Phelps for their participation on the Committee. It is one of those issues that is not perfect for everyone but is a compromise. Councimember Miller,thanked everyone that attended the committee meetings. He feels that the group came together what he feels is a good compromise. CC-2009-36 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM Council Minutes 03/10/2009 Page 15 GARCIA,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to approve the first reading of an Ordinance of the City of Grand Terrace, California Amending Title 18 of the Grand Terrace Municipal Code by Adding Chapter 18.72 Entitled Amateur ("HAM") Radio Antennas, to the Grand Terrace Zoning Code, Applicable City-Wide (Zoning Amendment No. 06-02) UNFINISHED BUSINESS -None NEW BUSINESS 8A. Council to Consider the Naming/Dedication of the Grand Terrace Senior Center CC-2009-37 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-1-0, (COUNCOILMEMBER CORTES WAS ABSENT),to Dedicate the Grand Terrace Senior Center in JoAnn Johnson's name. CLOSED SESSION 9A. Conference with Real Property Negotiators (Government Code Section 54956.8) Pro e - 21801 & 21769 Barton Road (APN 1167-121-03 & 1167-121-04) A encv Negotiator- Steve Berry Under Negotiation--Price and Terms of Payment Mayor Ferre announced that the Council met in Closed Session for a Conference with Real Property Negotiators(Government Code Section 54956.8)for the Property located at 21801 & 21769 Barton Road (APN 1167-121-03 & 1167-121-04) and there was no reportable action taken. Mayor Ferre adjourned the meeting at 7:50 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, March 24, 2009 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace 1 CALIFORNIA Staff Report Finance Department l i CRA ITEM( COUNCIL ITEM(X) MEETING DATE: March 24,2009 AGENDA ITEM To: Honorable Mayor and Council Members From: Bernie Simon, Finance Director SUBJECT: PERS Resolution for Employer"Pick Up" FUNDING REQUIRED NO FUNDING REQUIRED XXX BACKGROUND: The City contracts with CALPERS to provide retirement benefits for eligible City employees under the government code pertaining to Public Employees Retirement Law. PERS is a defined benefit pension plan, administered by CALPERS, which contracts with more than 2,500 agencies and schools. CALPERS agencies do not have to be part of the social security system. CALPERS determines a cost or contribution rate to the city annually based on an updated actuarial study. The contribution rate consists of two components consisting of the employee portion and employer portion. INFORMATION Historically,the City has paid for both the employee's portion as well as the employer portion of the contribution rate. The majority of other agencies pick up the employee's portion of the contribution rate as well. On July 13, 2006, the City adopted Ordinance 225 which amended the CALPERS contract to the 2.7% @ 55 formula for benefit calculation. As part of this change, employees agreed to pay 2.91% of the rate in consideration of the increased cost to the City. CALPERS issued Circular Letter No. 200-049-08 recommending employers to comply with IRS Revenue Ruling 2006-43 by December 31, 2008. COUNCIL AGENDA ITEM NO. �� 2 IRS Revenue Ruling 2006-43 advises PERS agencies to document that the agency is "picking up"the employees portion of the contribution rate and such contribution is intended to receive tax deferred status. FISCAL IMPACT: This is a compliance issue only. All employer and employee contribution amounts have been appropriated in the current budget and therefore there is no fiscal impact to the City upon the adoption of this resolution. Staff Recommends that Council: Adopt a resolution to "Pick Up"the PERS employee contribution. Enclosures: a. PERS Circular Letter No. 200-049-08 b. PERS "Pick up" Resolution P.O. Box 942709 Date: October 3, 2008* Sacramento, CA 94229-2709 Reference No.: 888 CaIPERS (or 888-225-7377) Telecommunications Device for the Deaf Circular Letter No.: 200-049-08 No Voice(916)795-3240 Distribution: VI, XII, XVI CAPERS www.calpers.ca.gov Special: Circular Letter l� TO: PUBLIC AGENCIES, COUNTY SUPERINTENDENT OF SCHOOLS, SCHOOL DISTRICTS SUBJECT: EMPLOYER "PICK-UP" - REVENUE RULING 2006-43 DECEMBER 31, 2008 DEADLINE FOR ACTION ATTENTION: FINANCE DIRECTORS, HUMAN RESOURCE DIRECTORS This Circular Letter is being sent to advise employers of Revenue Ruling 2006-43 concerning the pick-up of employee contributions to California Public Employees Retirement System (CaIPERS), and of actions that an employer may be required to take before December 31, 2008 to ensure compliance with pick-up requirements. BACKGROUND AND PURPOSE Internal Revenue Code (IRC) Section 414(h)(2) allows public agencies and school employers to designate required employee contributions as being "picked-up" by the employer and treated as employer contributions for tax purposes. The effect of a pick-up is to defer tax on employee contribution amounts until the member retires and receives retirement benefits, or separates from employment and takes a refund of contributions. Absent the 414(h)(2) provision applicable to governmental plans, employee contributions to a defined benefit pension plan qualified under Section 401(a) would automatically be after-tax contributions (e.g. taxable income to the employee at the time the contribution was made). Since the early 1980s, CalPERS has taken steps to ensure that contracting agency and school employers have adopted and submitted to CalPERS appropriate written evidence of pick-ups prior to reporting tax-deferred member contributions to CalPERS. This Circular Letter is being sent as a reminder of the federal tax reporting requirements, to encourage each contracting agency and school employer who reports tax-deferred member contributions to review their documents and, if necessary, adopt conforming documentation prior to the deadline set by Revenue Ruling 2006-43. To view the ruling, visit CalPERS online. Circular Letter#200-049-08 -2- October 3, 2008 REVENUE RULING 2006-43 Revenue Ruling 2006-43 provides, in general, that an employee contribution will not be treated as "picked-up" under IRC 414(h)(2) unless: (1) The employer specifies that the contributions, although designated as employee contributions, are being paid by the employer (this action must be memorialized in writing), and j (2) The employer does not permit participating employees to opt out of the pick- up or to receive the contributed amounts directly instead of having them paid by the employer to the plan. Revenue Ruling 2006-43 allows employers who do not have written evidence of a pick- up, but their actions show that they intended to establish and carry out a pick-up, to be treated as meeting the requirements of 414(h)(2) for past pre-tax contributions if the employer takes formal action in writing prior to December 31, 2008 with respect to future picked-up contributions. If formal action is not taken prior to December 31, 2008, only contributions taken after the written documentation is in place may be treated as picked-up. WRITTEN DOCUMENTATION Many of you offer a pick-up of employee contributions under a resolution approved by the IRS in a private letter ruling issued to CalPERS on December 6, 1985, (PLR 8609084). If your agency has adopted the approved resolution to implement 414(h)(2) pick-ups, you may continue to rely on that ruling and need not adopt a new resolution. This approved form, which is Sample E---Resolution for Employer Pick-up can be viewed at CalPERS online. If you have not previously sent a copy of the resolution to us, or if you did not complete Sample E, but have other written documentation, please send a copy of your document or resolution to us immediately. After 1985, CalPERS provided additional pick-up resolutions for adoption by contracting agencies that distinguishes whether the pick-up was to be actually paid by the employer or by the employee. When an employer pays the employee contributions, it is referred to as Employer Paid Member Contributions (EPMC). The employer may also report the value of EPMC as special compensation. Contracting agencies that adopted any of these resolutions were requested to submit the resolutions to CalPERS. Samples of Resolutions A through D can be viewed at CalPERS online. You may continue to rely on these resolutions but you should review them and validate that the resolution covers all of the employees whose contributions are reported as tax-deferred. If you have not previously sent a copy of the resolution to us, please do so immediately. Circular Letter#200-049-08 -3- October 3, 2008 CALPERS NEW BUSINESS ENVIRONMENT CalPERS is in the process of building and installing a new business reporting system. One of the design features will enhance CalPERS ability to maintain accurate and up to date information about contracting agency and school employer pick-ups. As a way of ensuring that our system will accurately record your agency's pick-up provision, CalPERS requires all affected agencies to provide a copy of their existing or future pick-up resolutions or other written documentation. This will ensure ongoing compliance with federal tax reporting requirements. The new system will validate that you have documentation on file with CaIPERS before accepting tax-deferred member contributions. If documentation is not on file, your records will be rejected and will be held until the appropriate documentation is received. CONCLUSION If you are submitting tax-deferred contributions on behalf of your members, we request that you review your files for documentary evidence authorizing such employer pick-up of employee contributions. If you do not have evidence, please take steps to have your governing board adopt an appropriate resolution prior to December 31, 2008. Please send a copy of your pick-up documentation to: CalPERS Employer Services Division Compensation Review Unit P.O. Box 942709 Sacramento CA 94229-2709 If you have any questions, please call the Employer Contact Center at 888 CaIPERS or (888 225-7377). Lori McGartland, Chief Employer Services Division Visit the CalPERS website at www.calpers.ca.gov (2008 Circular Letters) for more information on the following: 1 - Revenue Ruling 2006-43 2 - Sample Resolution E 3 - Sample Resolutions A - D RESOLUTION NO. 2009- A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESOLUTION TO TAX DEFER MEMBER PAID CONTRIBUTIONS WHEREAS, the City of Grand Terrace has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution regarding section 414(h)(2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated in December 1985, that the implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and WHEREAS, the City of Grand Terrace has determined that even though the implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section 414(h)(2) IRC should be provided to its employees who are members of the Public Employees' Retirement System: NOW, THEREFORE, BE IT RESOLVED: I. That the (Name of Agency) will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code section 20691 to the Public Employees' Retirement System on behalf of its employees who are members of the Public Employees Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System which are deducted from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code section 20691. II. That the contributions made by the (Name of Agency)to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the (Name of Agency) in lieu of contributions by the employees who are members of the Public Employees' Retirement System. 1 III. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the (Name of Agency) to the Public Employees' Retirement System. IV. That the(Name of Agency) shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V. That the amount of the contributions designated as employee contributions and paid by the (Name of Agency) to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law(California Government Code sections 20000, et seq.). VI. That the contributions designated as employee contributions made by (Name of Agency)_to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. PASSED, APPROVED, AND ADOPTED this 24`h day of March, 2009. Attest: City Clerk Mayor City of Grand Terrace CITY STAFF REPORT---RAND TERR c CITY ATTORNEY'S OFFICE CRA ITEM 0 COUNCIL ITEM (X) MEETING DATE: March 24, 2009 SUBJECT: Release and Settlement Agreement City of Grand Terrace v. City of San Bernardino (Perchlorate Fee) FUNDING REQUIRED 0 NO FUNDING REQUIRED (X) In 1997, the City along with ten other cities in San Bernardino County, entered into a Waste Delivery Agreement ("WDA") with the County which allowed the City to deliver solid waste to the County's solid waste's disposal system and set forth the related charges. In the summer of 2005, the County added a sixty-nine cents per ton fee to recover costs related to Perchlorate contamination and in February, 2006 begin charging the City that J fee. The cities successfully brought a lawsuit contending that the fee was not permitted under the WDA. The County appealed the decision and the parties began negotiating a resolution. The Settlement Agreement acknowledges that the County did not have the ability to impose the fee and gives credit against future costs in the amount of the fee paid by each City, respectively, and the County agrees that it may not charge any such fee for the duration of the WDA. STAFF RECOMMENDATION: Authorize the execution of the final Release and Settlement Agreement pertaining to the settlement of the above referenced litigation. FISCAL IMPACT: None. COUNCIL AGENDA ITEM NO. 51j RELEASE AND SETTLEMENT AGREEMENT This Release and Settlement Agreement ("Agreement") is made by and among the County of San Bernardino ("County"), on the one hand, and the Town of Apple Valley, the City of Barstow, the City of Big Bear Lake, the City of Fontana, the City of Grand Terrace, the City of Highland, the City of Loma Linda, the City of San Bernardino, the City of Victorville, the City of Yucaipa and the Town of Yucca Valley (collectively referred to as the "Plaintiffs" or"plaintiff'), on the other. This Agreement shall be effective at the time that the last party to this Agreement executes,same and provides proof of that signing to the parties to this Agreement (the "Effective Date"). I. RECITALS A. The County and each of the Plaintiffs entered into separate Waste Delivery Agreement ("WDA") which generally expire by their terms 15 years from the Contract Date, typically in 2012 or 2013, and which had identical terms (so jar as the terms of each WDA is relevant to this Agreement). B. Each WDA provided for, among other things, the Plaintiffs to deliver certain specified solid waste to specified facilities within the County's Solid Waste Disposal System on the payment of certain charges ("Contract Rate" as defined in the WDA). C. Each WDA sets out substantially similar terms regarding the allowed changes to the Contract Rate. D. In the summer of 2005, pursuant to Section 4.2 of the WDA, the County adopted a $0.69 per ton fee designed to recover the costs it had incurred responding to 1 .0V M i"I ACABOA.J1Dl4W") groundwater contamination of the compound perchlorate at or near its Mid -Valley Sanitary Landfill, resulting in an increase to the Contract Rate as an Uncontrollable Circumstance, as defined in the WDA (i.e., the "Perchlorate Fee"). In or about February 2006 the County commenced charging the Perchlorate Fee to the Plaintiffs. E. In August of 2006 the Plaintiffs filed a lawsuit which, among other things, challenged the imposition of the Perchlorate Fee under the WDA. The case was ultimately assigned to the Los Angeles County Superior Court, Eastern District and was entitled: Town of Apple Valley, et al. v. County of San Bernardino, Los Angeles County Superior Court, Case No. KC049711 (hereinafter the "Litigation"). F. The Plaintiffs brought a summary adjudication motion on the cause of action that sought a declaration that the imposition.of the Perchlorate Fee was not permitted under the current WDA. This motion was granted. In granting the motion the Superior ' Court held that the WDA did not allow the County to impose the Perchlorate Fee. G. The Court's ruling on Plaintiffs' motion for summary adjudication did not create a right of Plaintiffs to recover the Perchlorate Fee paid prior to the entry of the order on the motion. H. On a separate motion, the Court ruled that the Plaintiffs were the prevailing party and were entitled to recover their court costs. I. Additionally, the Plaintiffs have filed a motion to recover their attorneys' fees incurred in the action. The County has filed papers in opposition to this motion. To date the Court has not ruled on this motion. J. The County has filed a notice of appeal with respect to the Superior Court's ruling on Plaintiffs' motion for summary adjudication, and the Superior Court's ruling on 2 Plaintiffs' and the County's motions to be determined prevailing parties for purposes of an award of costs. This appeal is entitled: Town of Apple Valley, et al. v. County of San Bernardino, Second Appellate District, Case No. B 208282 (hereinafter the "Appeal"). K. The parties desire to avoid the additional expense, delay and uncertainty that would result from the continuance of the Litigation and the Appeal and have agreed to settle said Litigation and Appeal and all of the underlying claims between them amicably, rather than engage in protracted litigation. II. SETTLEMENT TERMS 1. THE TERMS OF SETTLEMENT PAYMENT. In settling this matter the parties agree as follows: a. The County will refund the Perchlorate Fee actually paid by or on behalf of a Plaintiff that is a party to this Agreement, so long as the Perchlorate Fee was paid on solid waste that was disposed of pursuant to the terms of the WDA by that Plaintiff and such Plaintiff was required to pay the contractually agreed upon Contract Rate (i.e., that it was "WDA Waste"). This refund will be in the form of a credit of the total amount paid, to the individual Plaintiff or its respective waste hauler, whoever paid the Perchlorate Fee, of a pro-rated fixed amount over an eighteen (18) month period, such credit process to begin thirty (30) days after the effective date of this Agreement. The County has provided to Plaintiffs a schedule entitled: "Summary of WDA Cities' Perchlorate Charges and Collections" (Perchlorate Charge Schedule) dated December 4, 2008 as part of this settlement. Each Plaintiff will have until February 15, 2009 to notify the County of any corrections in the Perchlorate Charge Schedule as to that Plaintiff (or its refuse hauler). If no notice of correction is received by the County by the close of business of February 17, 3 2009, then the schedule will be deemed accurate and provide the "fixed amount" that will be credited on a pro-rated basis over an eighteen (18) month period. In the unlikely (and currently unforeseen) event that the WDA of a given Plaintiff expires or terminates before the repayment of all of the Perchlorate Fee due that Plaintiff and/or waste hauler, whomever paid the fee, the remaining unpaid Perchlorate Fee amount shall be paid by the County to that Plaintiff and/or waste hauler, whoever paid the fee, within thirty (30) days of the expiration or termination of the relevant WDA. The Plaintiffs each expressly acknowledge that they are waiving any right to bring any Court action to recover the Perchlorate Fee (other than to enforce the terms of this Agreement) and that they are further waiving any right to seek interest relative to the Perchlorate Fee paid to the County under the WDA at any other time (other than any right to interest that might otherwise arise in any action to enforce the terms of this Agreement). Imo' b. No Plaintiff will be required to pay to the County the Perchlorate Fee (or, during the duration of the WDAs referenced in Recital "A" above, any other surcharge pursuant to Section 4.2 of the WDA that is designed to recover the County's investigation and remediation costs with respect to the compound perchlorate in or near its Mid-Valley Sanitary Landfill) charged by the County relative to any WDA Waste, regardless of whether that plaintiff(or its hauler, as the case may be) has been billed such Perchlorate Fee. The County expressly acknowledges that it is waiving any right to seek to recover such Perchlorate Fee, whether previously billed or otherwise, under the WDA and agrees to act in accordance with the Superior Court's ruling. c. The Plaintiffs agree that they will not seek to recover any Court costs or attorneys' fees or other fees oncosts awarded to them as the prevailing party to the 4 Litigation or Appeal (as specified above) and each Plaintiff expressly acknowledges that it is waiving all claims to recover such amounts from the County. d. DISMISSAL OF APPEAL. The County will dismiss the Appeal with prejudice within 15 calendar days after the Effective Date of this Agreement. 2. NOTIFICATION TO SUPERIOR COURT OF SETTLEMENT AND WITHDRAWAL OF MOTION FOR ATTORNEYS' FEES: Within 15 calendar days of the Effective Date of this Agreement the Plaintiffs will notify the Superior Court of the fact of settlement and take their existing motion for attorneys' fees and costs off calendar and will not refile that or any other motion, including but not limited to similar motions seeking attorneys' fees and costs. In the event the Court rules on that motion prior to it being taken off calendar, the parties agree that such ruling shall be without force or effect and that the provisions of the Agreement, and the entire Agreement, shall remain in full force and effect. 3. DISCRETION WITH INDIVIDUAL PLAINTIFF ON APPLICATION OF CREDIT AMOUNT: The County understands and agrees that each Plaintiff has separate contractual agreements with one or more waste haulers serving its residents. The County further agrees that it will not seek to interfere with how each Plaintiff negotiates and resolves the application of the credit amount within its boundaries and with its respective waste hauler(s). 4. THE MUTUAL RELEASES. Each and every party to this Agreement , on behalf of that party, and its representatives, trustees, predecessors, successors, assigns, affiliates, subrogors, subrogees, assignees, assignors, subsidiaries, agents, employees, servants, officers, elected official, directors and attorneys ("Releasors") 5 release every other party to this Agreement and every other,parties' representatives, trustees, predecessors, successors, assigns, affiliates, subrogors, subrogees, assignees, assignors, subsidiaries, agents, employees, servants, officers, elected officials, directors and attorneys ("Releasees") from any and all disputes, damages, actions, causes of action, suits, rights, demands, controversies, entitlement to equitable relief, liabilities, fees, costs, interest and any other claims, of any nature whatsoever, known or unknown, suspected or unsuspected, whether in tort or in contract or under any other theory, arising out of, in connection with or relating in any way to the Perchlorate Fee and the resulting Litigation and Appeal, as described in this Agreement or any of the facts alleged in the Litigation or otherwise asserted in the Appeal. 5. RELEASE OF UNKNOWN CLAIMS /WAIVER OF CIVIL CODE SECTION 1542. Each party to this Agreement expressly, voluntarily and knowingly waives and relinquishes all rights arising out of, in connection with or relating in any way to the Perchlorate Fee and the resulting Litigation and Appeal, as described in this Agreement or any of the facts alleged in the Litigation or otherwise asserted in the Appeal to which it or its Releasors would be entitled now or at any time hereafter under section 1542 of the Civil Code, as against the other parties to this Agreement and their Releasees, and does so understanding and acknowledging the significance of such specific waiver. Section 1542 of the Civil Code provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 6 6. ATTORNEYS' FEES AND COSTS. The parties to this Litigation and the Appeal will each bear their own attorneys' fees and other costs and expenses arising in the Litigation and/or Appeal or in any way arising from the imposition of the Perchlorate Fee or the challenge of that fee by the plaintiffs or the defense of that challenge by the County. 7. COMPROMISE. This Agreement is the result of a compromise and settlement of disputed claims, and nothing set forth in it shall be deemed or construed as an admission of any liability by any of the parties to any of the other parties or the Releasees. 8. MUTUAL DRAFTING. The parties, having mutually drafted this Agreement, agree that no party to the Agreement will be deemed to have been the primary author of this Agreement or any portion of it. The parties therefore agree that section 1654 of the Civil Code, and other legal principles or laws that call for the construction of ambiguous or uncertain terms against the drafting party shall not apply or be invoked for any purpose whatsoever. g. NO ASSIGNMENT. The parties have not assigned any of the claims, demands, or causes of action that are released and discharged under this Agreement. 10. COUNTERPARTS. This Agreement may be executed in several counterparts and by fax copies and, as so executed, will constitute one agreement, binding on the parties to this Agreement, notwithstanding that such parties are not signatories to the original or the same counterparts. 11. WARRANTIES OF COMPREHENSION, CONSENT AND AUTHORITY. Each person executing this Agreement warrants that he or she 7 comprehends the terms of this Agreement, and further warrants that he or she is executing this Agreement freely on the advice of the undersigned counsel and that, if signing on behalf of an entity, he or she has the right and authority to execute the Agreement on that entity's behalf. 12. INTEGRATED AGREEMENT. This Agreement is the final expression of the parties' agreement with respect to the settlement of the Litigation and the Appeal and supersedes all prior written or oral communications between the parties. The parties cannot amend, alter, modify, or otherwise change this Agreement, except by a writing executed by all parties hereto and expressly stating that it is an amendment to this Agreement. The parties will make no claim, and waive any right they now have or may have, based upon any alleged oral alteration, oral amendment, or oral modification, except as set forth expressly in a written amendment executed as provided in this paragraph. 13. CONFIDENTIALITY. No party to this Agreement shall publicize the settlement through the public media, issue press releases about the settlement or its terms, or otherwise affirmatively seek to create public media articles about the terms of the settlement. Nothing in this Section shall preclude any party from complying with any requirement of law, including the Public Records Act or the Ralph M. Brown Act, with respect to any disclosure mandated by operation of law or court order, or in any public reporting requirement or pubic disclosure requirement of any of the parties. Nothing in this provision shall preclude any party from disclosing the terms of this settlement in any action seeking to enforce this Agreement or any portion thereof. 14. SEVERABILITY. If any provision of the Agreement is held invalid, the remainder of the Agreement shall nevertheless remain in full force and effect in all other 8 circumstances, so long as the essential purpose of the Agreement can still be achieved by both sides to the settlement embodied in this Agreement. The undersigned parties have read this Agreement and fully understand it. Each party has had an opportunity to review this Agreement with their respective legal counsel and have done so to their final understanding and satisfaction. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates shown below. DATED: — _ TOWN OF APPLE VALLEY By: (signature) (type or print name) Its: (type or print title) DATED: _ __ CITY OF BARSTOW By: (signature) (type or print name) Its: _ (type or print title) 9 DATED: CITY OF BIG BEAR LAKE By: — — — (signature) (type or print name) Its: (type or print title) DATED: CITY OF FONTANA By: (signature) (type or print name) Its: _ (type or print title) DATED: CITY OF GRAND TERRACE By: (signature) (type or print name) Its: (type or print title) 10 DATED: --_ __— _ CITY OF HIGHLAND By: -- - (signature) (type or print name) — Its: --_--_— — (type or print title) DATED: -- CITY OF LOMA LINDA By: (signature) (type or print name) Its: --- — (type or print title) DATED: — _ CITY OF SAN BERNARDINO By: -- (signature) (type or print name) Its: -- -^^- - (type or print title) 11 DATED: _ CITY OF VICTORVILLE By: (signature) {" (type or print name) Its: _ (type or print title) DATED: CITY OF YUCAIPA By: (signature) (type or print name) Its: (type or print title) DATED: TOWN OF YUCCA VALLEY By: _ (signature) (type or print name) Its: (type or print title) 12 Dated:---- COUNTY OF SAN BERNARDINO By: — --- (signature) (type or print name) Its: — (type or print title) APPROVED AS TO FORM: DATED: _ RICHARDS, WATSON & GERSHON, a Professional Corporation, Attorneys for Plaintiffs, by NORMAN A. DUPONT Signature Dated: _ COUNTY OF SAN BERNARDINO By: PENNY ALEXANDER-KELLEY Deputy County Counsel for County of San Bernardino 13 1 STAFF REPORT CRA COUNCIL ITEM(X) MEETING DATE: MARCH 24,2009 SUBJECT: STREET DEDICATION FOR FUTURE STREET IMPROVEMENTS. i- APPLICANT: KEVIN L. DAVIS AND KIMBERLY L.DAVIS,PROPERTY OWNERS. LOCATION: 21600 WALNUT AVENUE, GRAND TERRACE, CA. RECOMMENDATIONS: 1. APPROVE THE ATTACHED RIGHT-OF-WAY DEDICATION (EXHIBIT "A" AND "B") LOCATED ON THE NORTHEAST CORNER OF WALNUT AVENUE AND TERRACE AVENUE. 2. DIRECT THE MAYOR TO SIGN THE ATTACHED GRANT DEED. 3. DIRECT THE CITY CLERKS OFFICE TO RECORD THE DEDICATION DOCUMENTS WITH THE SAN BERNARDINO COUNTY RECORDERS OFFICE. NO FUNDING REQUIRED X BACKGROUND: Kevin Davis and Kimberly Davis are owners of CLS Landscape currently located on Walnut Avenue. CLS Landscape was originally located on Pico Street in the City of Grand Terrace. With the newly proposed Colton Joint Unified School District High School, CLS Landscape relocated from their Pico Street location to 21600 Walnut Avenue and constructed a metal building that was moved from the Pico Street location. As part of the conditions of approval,the property owners were conditioned to dedicate street right-of-way on Walnut Avenue and Ten-ace Avenue. The attached exhibits document the proposed dedications and provide a Chant Deed for recordation with the San Berardino County Recorders Office. FISCAL IMPACT: The dedication of this land for right-of-way purposes will reduce future costs to the City for land acquisitions relating to street improvements and circulation. COUNCIL AGENDA ITEM NO.2' WHEN RGC'ORDED MAIL TO: City Clerk City ol'Urand 'I errace 22795 Bari.on Read Grand Terrace.CA 92313 SPATE An0VF THIS I.INI:I•(IR RI:C()RD1'R'S 1ISI- \I'N.: 0275-281-08 (No Recording lee per ,cc.6 103) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Grand Terrace, a Municipal Corporation. KEVIN L. DAVIS AND KIMBERY L. DAVIS, AS TRUSTEES OF THE DAVIS FAMILY TRUST DATED AUGUST 13, 1991 AND RESTATED ON 5/5/2004, OR THE SUCCESSOR TRUSTEE THEREUNDER; GRANT to the City of Grand Terrace,a Municipal Corporation for Public Streets and Public Utility Purposes: the real property in the City of Grand Terrace, County of San Bernardino, State of California as described per the attached Exhibits A & B. Signature(s) of Grantor(s) J l Print Naine and Title Signature and Date -z;) Print Name and Title SigLrkttlyre and Date ' DATED. CITY OF GRAND TERRACE *ATTEST: By Brenda Mesa, City Clerk Mayor, City of Grand Terrace City of Grand Terrace State of California ) County of San Bernardino )ss. City of Grand Terrace ) On before me, Brenda Mesa, a Notary Public in and for said State, personally appeared . personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certifv under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal .o?V, M31TI AObi30A _11;:JU?UO:� j ACKNOWLEDGMENT State of California j1 County of l7� 1�1 ( @Y ► C4�( A4tov ) On PP r t ti Zvv eA before me, _C/4 fL o,, A—cpye Ao J (insert name and.title of the offic r) C personally appeared �V 4 t1 L lT aV4-5 CA K� V_ i�,c,t ��r' L `� who proved to me on the basis of satisfactory evidence to be the persons whose names) subscribed to the within instrument and acknowledged to me that he/she/they +is/are his/her/their authorized capacity(ies), and that by his/her/their signature(s)on t executed the same in he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CARIAS ACEVED0 WITNESS my hand and official seal. Commission#F 180540ti I Not"Public-"NonI Rl"M*County r M Comm.Ex s Jul 11,2012 Signature �� (Seal) ACKNOWLEDGMENT State of C; lifomia County of 5rA r ►1G4 < A L. ) On before me, C H 0e7`s (insert name and.title of the offir"Ir) personally appeared \7+ i1 L '.�G "v5 c-, "tk V— w1 �.�,(I L_. �e,, who proved to me on the basis of satisfactory evidence to be the person(s whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CARLOS ACEYE00 Commission•1805406 WITNESS my hand and official seal. Notwy w cCOM M& ounty M Comm.Ex s Jul 11 2012 Signature (Seal) February 25, 2009 Sheet 1 of 1 Sheet J.N. 09-1964 EXHIBIT"A" LEGAL DESCRIPTION THAT PORTION OF LOTS 3 AND 4 OF THE TERRA BELLA TRACT, PER MAP RECORDED IN BOOK 17, PAGE 90 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, IN THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 5037100' EAST ALONG THE WEST LINE OF SAID LOTS 3 AND 4 A DISTANCE OF 246.77 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED FEBRUARY 26, 191.5 IN BOOK 552,PAGE 386 OF DEEDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;THENCE SOUTH 88°50'00" EAST ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN THE AFORESAID DEED A DISTANCE OF 30.09 FEET TO A POINT WHICH IS DISTANCE 30.00 FEET EASTERLY AT RIGHT FROM THE WEST LINE OF SAID LOT 3;THENCE SOUTH 503700" WEST, PARALLEL WITH THE WEST LINE OF SAID LOTS 3 AND 4, A DISTANCE OF 193.95 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF * 95037'W AN ARC DISTANCE OF 33.38 FEET TO A POINT WHICH IS 30.00 FEET NORTHERLY,AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID LOT 4;THENCE NORTH 90°00'00" EAST, PARALLEL WITH THE SOUTH UNE OF SAID LOT 4 A DISTANCE OF 204.11 FEET TO A POINT IN THE WEST LINE OF THE LAND DESCRIBED IN DEED RECORDED MARCH 4, 1924 IN BOOK 831, PAGE 383 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;THENCE SOUTH 004200"WEST ALONG THE AFORESAID WEST LINE A,DISTANCE OF 30.00 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 4;THENCE SOUTH 9000UW WEST ALONG THE SOUTH LINE OF SAID LOT 4 A DISTANCE OF 258.90 FEET TO THE POINT OF BEGINNING. Conteinin014,325 equate feet(0.33 no.)" more or less. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prepared by; D Kelsoe&Associates, Inc. T F No.W57 Robert T. Kelsoe, PLS 6957 Exp. Date 9-30-09 OF1F ` iZbB 9£L i% S3jujoossu aVH 3OS-M FS'£i 6002-0-20 N 88'50'00' W 237.74' I 1 S. LINE DEED REC. FEB 26, 1915 IN BK 562, PG J86 Of DEEDS , LOT 3 �oav e h �� g - -- --- - - --- - - -- -- -- ---- - -- - T _ s I LOT 4 g I _ • .�oao• L=use a l R=20.00 Delta=95'37'00' I — N 90'00'00'E 204.11' �- -- -- - -- ----- = -- -- ---- 7=-- I $` EXI571NG.RDff—OF WAY.` N90'00'00'E 25tJ 90' PO/NT OF BEGINNING CENTERLINE WALNUT AVE. O LAND & S LINE OF LOT 4 g_3 GRAPHIC SCALE so * * 40 0 20 40 tf� NO. 6957 v q GF CAI.Z� )Inch nI ear) �y�1ce= 40 m EXHIBIT"Bo C]KEL S OE TO ACCOMPANY LEGAL DESCRIP77ON BY ROBERT T. KELSOE, PLS 6957 IM PUT 6 SOLELY AN AV W WNW IW PARMA)DIESOMM N IW AMOS? 260 N.LINCOLN AVENUE,BUITE E.CORONA.CA 94002 EXy181T A' IT 6 NOT A PART OF 17E NWIEW DESMPRON CONDUNED 11IEPZX (9 5 1 17 36-07 5 5 • FAX(951)736-B4Z1 a4 2—?Jr-2009 ORfMW BY.• R1X cmrffja9 BY.• 09-1964 STAFF REPORT CRA() COUNCIL ITEM(I) MEETING DATE: MARCH 24,2009 SUBJECT: RESEND RESOLUTION NO. 2006-15 AND ADOPT } RESOLUTION NO.2009-_ORDERING THE VACATION OF A PORTION OF PICO STREET PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9,OF THE STREETS AND HIGHWAYS CODE. APPLICANT: PUBLIC WORKS DEPARTMENT LOCATION: PICO STREET EAST OF TAYLOR STREET WEST OF PICO PARK. RECOMMENDATIONS: RESEND RESOLUTION NO. 2006-15 AND ADOPT RESOLUTION NO.2009- CORRECTING EXHIBITS AND ORDERING THE VACATION OF PICO STREET. NO FUNDING REQUIRED X BACKGROUND: At the July 13m 2006 City Council meeting the City Council adopted Resolution No.2006-15,(Attachment No. 1),vacating Pico Street commencing east of Taylor Street and ending west of Pico Park. The 2006-15, Resolution adopted Exhibit"A"which was the plat map. The resolution should have adopted Exhibit"A" which is the legal description and Exhibit "B" which is the plat map, (see Attachment No. 2). Before recording the resolution with the San Bernardino County Recorders Office,the exhibits need to be reflected correctly in the resolution. Therefore,Staff is requesting Resolution No. 2006-15 be resended and a new resolution be adopted showing the corrected Exhibits"A"and`B"on the new resolution. COUNCIL AGENDA ITEM NO.�1 ATTACHMENT NO. 1 RESOLUTION NO. 2006 - 15 A RESOLUTION OF THE CITY OF GRAND TERRACE ORDERING THE VACATION OF A PORTION OF PICO STREET PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE WHEREAS, the City of Grand Terrace has entered into a sale agreement to sell certain properties owned by the City and its Community Redevelopment Agency to the Colton Unified School District for construction of a new public high school; and WHEREAS, a portion of Pico Street will bisect the proposed public high school creating a potential traffic hazard to students; and WHEREAS, the Environmental Impact Report prepared for the proposed public high school performed an evaluation under CEQA guidelines of the potential impact of this vacation and proposed measures to mitigate any potential impacts; and WHEREAS, it has been determined by the City Council to vacate the portion of Pico Street pursuant to the authority provided by Chapter 4, Part 3, Division 9, of the Streets and Highways Code of the State of California; and WHEREAS, the Planning Commission following its public hearing on July 6, 2006 recommended that the City Council approve the summary vacation and associated Negative Declaration under E-06-10, set out in full in the attached Exhibits; and NOW, THEREFORE, IT IS HEREBY ORDERED that the portion of said street lawfully or officially known as Pico Street and described as: SEE EXHIBIT "A" is hereby vacated; BE IT FURTHER RESOLVED that public right-of-way and access for existing and future utilities shall be retained within the existing Pico Street right-of-way; BE IT FURTHER RESOLVED that this vacation shall not become effective until such time as the Colton Unified School District makes a written determination to the City that the Pico Street right-of-way must be vacated and closed to public vehicular access for the construction of the new public high school; BE IT FURTHER RESOLVED that the Colton Unified School District must submit a written notification to the City of Grand Terrace at least 30 days prior to the closure of Pico Street to public vehicular access. PASSED, APPROVED, AND ADOPTED this 13`h day of July, 2006. RESOLUTION NO. 2006- 15 Page 2 ATTEST: City Clerk the ty of Grand Israce Mayor the City of Grand Terrace i and of the City Council thereof and of he City Council thereof �. I, BRENDA MESA, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 131h day of July, 2006 by the following vote: AYES: Councilmembers Hilkey, Garcia, and Miller; Mayor Pro Tem Cortes and Mayor Ferre NOES: None ABSENT: None `. ABSTAIN: None Approved as to f6rm: City Attorney City Clerk I, Brenda Mesa City Clerk of!he City of Grand Terrace, County ul San F,er:ardino, State of California,hereby certify*l;z foregoing instrument to be a full,true and correct copy of the original, now on file in my office. DATE: — 1 Z —0 7 C7 LER ATTACHMENT NO. 2 Exhibit "A" Legal Description Pico Street Vacation of Right of Way That portion of Pico Street, shown as an un-named street in the East Riverside Land Company, Section 5, Township 2 South, Range 4 West, San Bernardino Base and Meridian, by map on file in Book 6 of Maps, page 44 thereof, Records of San Bernardino County, State of California, more particularly described as follows: Commencing at the centerline intersection of Taylor Street and Pico Street; Thence South 00°27'20" West along the centerline of Taylor Street, a distance of 33.07 feet; Thence South 89°32'40" East, a distance of 48.00 feet to a point on the south right of way of Pico Street, said point being the Point of Beginning; Thence North 00'27'20" East along a line that is parallel with and 48.00 feet distant from the centerline of Taylor Street, a distance of 33.07 feet; Thence North 00°27'24" East along a line that is parallel with and 48.00 feet distant from the centerline of Taylor Street, a distance of 32.93 feet to the north right of way of Pico Street; Thence South 89°27'57" East along said north right of way, a distance of 1177.46 feet to a point of cusp on a curve concave to the east having a radius of 50.00 feet and a central angle of 82°35'59", from which the radius point bears South 48009158" East; Thence southwesterly, southerly and southeasterly along said curve, a distance of 72.08 feet to a point of cusp, said point of cusp being on the south right of way of Pico Street; Thence North 89°27'57" West along said south right of way, a distance of 1177.37 feet to the Point of Beginning. Containing 1.77 Acres, more or less. �� L AND SG D. P G� See Exhibit`B"attached hereto and made a part thereof. � o r� LJc.No`. 21 CP Fes•09 S1-0D F OF EPIC ENGINEERS 101 E Redlands Blvd,Suite 146 • Redlands, Ca. 92373 • Ph (909) 792-5969 • Fax(909) 792-8869 I I - - - - - - - - - - - - - - - - - - - - - I I tr I W I I i LOT W 48.00' 1 LOT 142 � I I I oW I ad y I - I see. P.O.C. � S89 2757- 'F 1 77.46 I T4 . — E PICO STREET-) N89 2757-N 1 77.37' P.O.B. r A ,c, RIVE: RSIDr I A1\1D 48.00' L J r 'r� LOT » LOT -5-5 I � �Q L AND SG D. p Qr�G AREA TO BE VACATED CONTAINING 1.77 ACRES, MORE OR LESS Llc.No.7721 cp Bcp,09-31-09 a �rF OF CAL-ki EPIC ENGINEERS MlBIT•B1 N.O. 43.04i CIVIL ENGNNEE39NO LAND SURVEYING BY: ADL PLANNING CONSIRUC110NMANAOEFIEM PICO STREET DATE: 3/10/2008 101 E.REDLANDS BOULEVARD VACABON OF SCALE: 1" = 200' SUITE 146 TELE 909-792-5969 REDLMDS,CA 92373 FAX 908.7g2.886g RIGHT OF WAY SHEET: 1 OF i RESOLUTION NO. 2009- A RESOLUTION OF THE CITY OF GRAND TERRACE ORDERING THE VACATION OF A PORTION OF PICO STREET PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4,PART 3,DIVISION 9,OF THE STREETS AND HIGHWAY CODE. WHEREAS,the City of Grand Terrace has entered into a sale agreement to sell certain " 1 properties owned by the City and its Community Redevelopment Agency to the Colton Unified School District for construction of a new public high school;and WHEREAS,a portion of Pico Street will bisect the proposed public high school creating a potential traffic hazard to students; and WHEREAS,the Environmental Impact Report prepared for the proposed public high school performed an evaluation under CEQA guidelines of the potential impact of this vacation and proposed measures to mitigate any potential impacts;and WHEREAS,it has been determined by the City Council to vacate the portion of Pico Street pursuant to the authority provided by Chapter 4,Part 3,Division 9,of the Streets and Highways Code of the State of California; and WHEREAS,the Planning Commission following its public hearing on July 6,2006 recommended that the City Council approve the summary vacation and associated Negative Declaration under E-06-10, set out in full in the attached Exhibits;and NOW, THEREFORE, IT IS HEREBY ORDERED that the portion of said street lawfully or officially known as Pico Street and described as: SEE EXHIBIT"A"AND`B" is hereby vacated; BE IT FURTHER RESOLVED that public right-of-way and access for existing and future utilities shall be retained within the existing Pico Street right-of-way; BE IT FURTHER RESOLVED that this vacation shall not become effective until such time as the Colton Unified School District makes a written determination to the City that the Pico Street right-of-way must be vacated and closed to public vehicular access for the construction of the new public high school; BE IT FURTHER RESOLVED that the Colton Unified School District must submit a written notification to the City of Grand Terrace at least 30 days prior to the closure of Pico Street to public vehicular access. PASSED,APPROVED,AND ADOPTED this 24`h day of March, 2009. RESOLUTION NO. 2009- Page 2 ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of the City Council thereof and of the City Council thereof I, BRENDA MESA, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace hold on the 24`h day of March, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Approved as to form: City Attorney City Clerk RECEIVED CITY OF GRAND TERRACE MAR 0 4 2009 CRIME PREVENTION COMMITTEE Regular Meeting CITY OF GRAND TERRACE g CITY CLERKS DEPARTMENT MINUTES January 12, 2009 The Grand Terrace Crime Prevention Committee met for the regular meeting at the upstairs Conference Room at City Hall. Meeting was called to order at 4:16 p.m. by Chairperson, Philomene Spisak. r � MEMBERS PRESENT were Chairperson, Philomene Spisak, Pat Smith, Lew Neeb, Marjorie Owens, Debra Hurst and JoAnn Johnson. MEMBERS ABSENT—Don Bennett and Peggy Reagan. CITY STAFF/SHERIFF'S DEPT. —SSS, Nina Mendoza. GUESTS PRESENT—None. INTRODUCTIONS— None. AGENDA was approved with motion by Lew Neeb and second by Pat Smith. it MINUTES for the meeting of November 17, 2008 were approved with motion by Pat Smith and second by Lew Neeb. PUBLIC COMMENT—None. CORRESPONDENCE—E-Mail from Hanni Bennett indicating that Don is recuperating at the Grand Terrace Care Center and is in room 12 and would welcome visitors. UNFINISHED BUSINESS A. Criminal Activities a. The newspapers have covered a fair amount of crime in the city. b. With the economy in the condition it is in, it follows that crime may increase. c. There have been an especially large number of burglaries at the Highlands and at Grand Royal. d. Two stolen cars last week and 3 arrests. More problems after the holidays. B. Neighborhood Watch Program a. Nina will try to set up zones and have a captain for each zone. She will try to get more involved when she is back on regular duty. b. She will welcome any ideas on programs that would be beneficial to the city. c. Debra suggested a quarterly program in the Community Room and have Nina, Crime Prevention and Citizen Patrol available to help in any way possible. d. These meetings could be advertised in all our local papers. e. It was also suggested that meetings be held at churches, apartments and mobile home parks. COUNCIL AGENDA ITEM NO., �i�,� NEW BUSINESS A. Crime Prevention Planning— Mostly covered above. REPORTS A. Summary of Law Enforcement Activity—Nino Mendoza— Mostly covered above. B. Other Community Programs a. Debra reported on an emergency meeting called last Friday at 11 o'clock for all EOC and CERT members to be briefed on the recent earthquake. b. Some CERT members have been issued MURS radios so that they can be in touch in the event of an event. c. There will be a fire suppression training class for CERT on January,.20th. d. February CERT training is full but training will probably be in March and will be held at the Wilden Pump training facilities. e. JoAnn indicated that several members of the California State Department of Consumers Affairs, including Auto Guru, Robert Snyder will be at the Senior Center on February 131h at 10 o'clock C. Member Reports—No additional r ADJOURNMENT -There being no further business to discuss, the meeting was adjourned at 4:57 p.m. Secretar , JoAnn Johnson a- 41 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING TITLE 18 OF THE GRAND TERRACE MUNICPAL CODE BYADDING CHAPTER 18.72 ENTITLED AMATEUR ("HAM") RADIO ANTENNAS, TO THE GRAND TERRACE ZONING CODE, APPLICABLE CITY-WIDE (ZONING AMENDMENT NO. 06-02) WHEREAS, the City Council was presented with a petition to regulate amateur, "HAM", radio antenna structures in a manner that would allow for restrictions based on the community objectives of the City and to place a"moratorium"on any proposed amateur, "HAM", ratio antenna structure exceeding a height of 20 feet until a new "HAM"ordinance was put in place; and WHEREAS, this petition was initiated as the result of an earlier application considered by the Planning Commission to allow for a 75 foot high amateur"HAM"radio antenna structure located in the southeastern corner of the City; and WHEREAS, the City Council, in response, to this petition adopted a"moratorium" on the approval of any new applications for amateur"HAM"radio antenna structures and instructed staff to prepare a permanent ordinance regulating amateur"HAM"radio antenna structures in the City of Grand Terrace; and WHEREAS,in 1985 the Federal Communications Commission, "FCC,"issued an order that local governments could regulate amateur"HAM" installations to insure the safety and health of persons in the community but could not enact regulations which are so restrictive that they preclude effective amateur"HAM"communications. This ruling is known as the "limited federal preemption'or"PRB-1"rule; and WHEREAS,in 2003 Assembly Bill 1228 was signed into law and incorporated the limited federal preemption, "PRB-1," into California law; and WHEREAS,in preparing the amateur"HAM"radio antenna ordinance the PRB-1 rule, and Assembly Bill 1228, were taken into consideration; and WHEREAS, the Planning Commission conducted three public workshops to discuss the proposed amateur"HAM"radio antenna ordinance on November 16, 2006, July 19, 2007 and October 18, 2007, at the Council Chambers located at 22795 Barton Road Grand Terrace, California; and , WHEREAS, the proposed amateur"HAM" radio antenna ordinance proposes changes to the City's Municipal Code, requiring that the matter be heard by the Planning Commission, which held a public hearing to consider Zoning Amendment No. 06-02 on January 17, 2008 at the Council Chambers located at 22795 Barton Road, Grand Terrace, California, and Page I of 9 COUNCIL AGENDA ITEM NO. 7 recommended to the City Council the adoption of the proposed ordinance on the same date; and WHEREAS, on March 11, 2008, the City Council held a public hearing at the Council. Chambers located at 22795 Barton Road, Grand Terrace, California on the proposed Amateur "HAM" Radio Antenna Ordinance (Zoning Amendment No. 06-02); and WHEREAS,at the conclusion of the March 11, 2008, hearing, the City Council did not act on the proposed Ordinance, but instead voted to form an amateur"HAM" radio antenna committee to advise staff on possible changes to the proposed Ordinance for the purpose of producing an ordinance that establishes those regulations necessary to protect public health and safety while allowing for effective amateur, "HAM" radio antenna communications; and WHEREAS,on June 19, 2008, August 21, 2008, and February 19, 2009, the Planning Commission held duly noticed public hearings to consider a revised Amateur"HAM" Radio Antenna Ordinance at the Council Chambers located at 22795 Barton Road, Grand Terrace, California, and concluded said hearings on August 21, 2008, recommending that the City Council adopt the proposed Ordinance. WHEREAS, under the California Environmental Quality Act (CEQA) Guidelines, Article 6, Section 15070, the proposed project to adopt an amateur"HAM" radio antenna ordinance as part of the Municipal Code qualifies for a Negative Declaration in that there is no substantial evidence that the proposed ordinance will have a significant impact on the environment. The Environmental Assessment of this proposal was completed under Environmental Review Case No. 07-09. WHEREAS, in approving the proposed ordinance to amend the Municipal Code, the City Council makes the following findings: a. The proposed amateur"HAM" radio antenna ordinance is consistent with the General Plan in that these regulations on amateur radio antenna structures will further the City's Goals to protect and enhance,the health, safety and general welfare.of the community. b. The proposed amateur"HAM" radio antenna ordinance is consistent with all other applicable requirements of local ordinances and State law in that the proposed regulations of amateur radio antenna structures will not conflict with any existing provisions of the Municipal Code and will be.in conformance with the California Environmental Quality Act. C. The proposed amateur"HAM" radio antenna ordinance will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the City of Grand Terrace or be injurious to property or improvements within the City of Grand Terrace. AGW:31,?Aa J1031Iti)03 Page 2 of 9 NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 18.72 consisting of Sections 18.72.010 through 18.72.080 is hereby added to Title 18, the Zoning Code, of the City of Grand Terrace Municipal Code as follows: "CHAPTER 18.72 AMATEUR("HAM") RADIO ANTENNAS' 18.72.010 Purpose The purpose of this part is to assure that amateur"HAM" radio antennas are designed and located in a way that avoids hazards to public health and safety while reasonably accommodating amateur radio communications. 18.72.020 Def nitions A. Amateur radio antenna. The term"amateur radio antenna" shall mean any antenna, including a whip antenna, which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communication Commission. B. Antenna. The term"antenna" shall mean any system of poles, panels, rods,reflecting discs, wires or similar devices or elements for the transmission or reception of electromagnetic signals, including, but not limited to, radio waves and microwaves. An antenna does not include the support structure that the antenna is mounted on. C. Antenna Array. The term"antenna array" shall mean the arrangement of several antennas connected and organized to form a single antenna, including the antenna boom. D. Antenna Structure. The term"antenna structure" refers collectively to an antenna array and its supporting mast or tower, if any, including any anchors and guy lines. E. Boom. The term "boom" shall mean a long, more or less, horizontal supporting arm or brace used for supporting an antenna. F. "HAM". The term"HAM" is a commonly used shorthand expression for amateur radio operators and/or equipment. G. Mast. The term "mast' shall mean a pole of wood or metal, or a tower fabricated of metal, used to support an amateur radio antenna and maintain Page 3 49 it at the proper elevation. H. Satellite Dish Antenna. The term "satellite dish antenna" shall mean an exterior parabolic antenna mounted on or adjacent to a structure measuring no more than twenty-four inches in diameter and designed solely for the reception of telecommunication services for use within such structure. I. Television Broadcast Antenna. The term"television broadcast antenna" shall mean an exterior antenna mounted on or adjacent to a structure and designed solely for the reception of television broadcast signals for use within such structure. L Whip Antenna. The term "whip antenna" shall mean an antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. 18.72.030 Permitted use Amateur"HAM" radio antenna structures and masts which comply with the development standards specified in Section 18.72.050 of this Chapter are permitted as accessory uses in all zoning districts. 18.72.040 Exceptions A. The following antennas shall not be subject to the provisions of this Chapter, but shall adhere to all other applicable provisions of this title. 1. Satellite dish antenna. 2. Television broadcast antenna, provided that the height of such antenna does not exceed a height of ten (10) feet. 3. A maximum of two antennas provided that the height of such antennas do not exceed fifteen (15) feet if ground mounted or ten (10) feet if roof mounted; that the antennas are not connected or attached to any other antenna; and that the antennas comply with the required setbacks of the zone district. 18.72.050 Development standards A. Permitted Height 1. The height of any antenna or the combined height of an antenna and antenna structure shall not exceed a maximum height of thirty- five (35) feet including any extension.. If an antenna is installed on the roof of the building, the height of the antenna shall be Page 4 of 9 inclusive of the building height. B. Number Permitted 1. A maximum of three (3) amateur"HAM" radio antennas may be permitted on each building site, of which only one (1) may be an antenna structure and its antenna array. This number shall be inclusive of any existing amateur"HAM"radio antennas located on the site, but which may not require a permit. C Siting 1. The antenna structure shall be located on the building site in a manner which will minimize the extent to which the structure is visible to nearby residents and members of the general public. Antenna structures shall be considered to satisfy this criteria if: a. No portion of the antenna structure including antenna array, mast, anchors and guy lines is located within any required setback area; and b. No portion of the antenna structure or mast is within the front forty (40)percent of that portion of the building site that abuts a street; and C. In the event that the building site abuts two or more streets, the antenna structure or mast is not located within the front forty (40) percent of the portion of the building site where primary access is provided to the property or within twenty (20) feet of any other abutting street or public-right-of-way. D. Installation and Maintenance 1. All antenna structures shall be installed and maintained in compliance with applicable building standards including any requirements for building permits as determined by the Director of Building and Safety/Public Works. 2. All antennas and their supporting structures shall be maintained in good condition including repainting when necessary. 3. All ground-mounted antennas and their supporting structures shall be permanently installed. 4. The use of highly reflective material shall be prohibited. Page 5 of 9 E. Antenna array 1. The antenna array including the antenna boom and antenna elements shall conform to the following specifications: a. In no instance shall the area of the antenna array (length of antenna boom times the length of the antenna element) exceed five (5) percent of the area of the subject lot upon which the antenna array will be located. Section 18.72.060 Application submittal requirements A. The application for an amateur"HAM" radio antenna structure shall be in the form of a land use application and shall be accompanied by the following information: 1. A letter of intent describing the request for the proposed antenna. 2. Site plan drawn to scale and dimensioned, showing the proposed location of the antenna structure, including the dimensions of the antenna array. 3. Manufacturer's specifications of the antenna structure. 4. Details of footings, guys and braces. 5. If roof mounted, details of the method of attachment. 6.. Elevations drawn to scale and dimensioned so as to fully describe the proposed structure. 7. A statement indicating any mitigation measures proposed to minimize any adverse effects of the antenna or antenna structure. Such measures may include screening, painting, increased setbacks from property lines and safety devices. 8. 300-foot radius map together with the mailing list of property owners within 300 feet and two sets of mailing stickers B. Copies of the submitted information shall be referred by the Community Development Director and to the City's Building and Safety/Public Works Department for issuance of a building permit if required. Section 18.72.070 Land use approval A. In processing the submitted application, the Community Development Page 6 of 9 Director shall notify, by first-class mail, all those property owners within a three hundred (300) foot radius of the subject site of the proposed amateur "HAM" radio antenna structure. B. If there are no objections to the proposed amateur"HAM" radio antenna structure based upon health and safety concerns, the Community Development Director shall approve the land use application provided that the proposed structure complies with the standards as set forth by Section 18.72.050. C. If there are objections to the proposed amateur"HAM" radio antenna structure based on health and safety concerns, the Community Development Director shall refer the proposed application to the Planning Commission for review and consideration. The Community Development Director shall provide notice, by first-class mail, of the Planning Commission hearing to all property owners within a three hundred (300) foot radius of the subject site. D. In granting the land use application for the amateur"HAM" radio antenna structure, the Planning Commission shall find that the proposed amateur "HAM" radio antenna complies with the development standards of Section 18.72.050 of this Chapter. E. In granting the land use application, the Planning Commission may r impose whatever conditions are necessary to accomplish the purposes of this Chapter including stricter requirements than those of Section 18.72.040 if it is determined that such stricter requirements are necessary in order to protect the health and safety of the neighborhood. Section 18.72.080 Reasonable Accommodation Hearing A. Any applicant that proposes an amateur"HAM"radio antenna that does not comply with the development standards contained in Section 18.72.050 of this Chapter, shall be entitled to a reasonable accommodation hearing before the Planning Commission through the Land Use Application process. The Planning Commission shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation" required pursuant to Government Code Section 65850.3, as applied to the specific application. B. Any applicant may appeal the conditions imposed pursuant to this Chapter or pursuant to Section 18.72.070.E and shall be entitled to a hearing before the City Council, who shall determine whether the conditions so imposed constitute "reasonable accommodation" and the "minimum practical regulation' required pursuant to Government Code Section 65850.3, as applied to the specific application. Page 7 of 9 C. Notice of the public hearing, pursuant to this section, shall be provided, by first-class mail, to all property owners within a three hundred (300) foot radius of the subject site. Section 18.72.090 Nonconforming antennas A. Amateur"HAM" radio antennas, antenna structures and masts in existence prior to the effective date of this Chapter may continue to be used without complying with the provisions of this Chapter provided they were legally constructed with the proper land use entitlements and/or building permits. Said antennas and structures shall be considered legal non-conforming. B. Amateur"HAM"radio antennas, antenna structures and masts that are a legal non-conforming use shall comply with the provisions of Section 18.72.050 to the extent that they are capable of doing so without major modifications. C. Existing amateur"HAM" radio antennas, antenna structures and masts may be enlarged, expanded or relocated only if brought into compliance with the provisions of this Chapter." Section 2. The Negative Declaration, as determined under E-07-09, attached hereto, is hereby approved. Section 3. Effective Date: The Ordinance shall be in full force and effect at 12:01 a.m. on the 31 s`day of its adoption. Section 4. Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council. Section 5. First read at a regular meeting of the City Council of said City held on the 10t' of March, 2009 and finally adopted and ordered posted at a regular meeting of said City Council on the of , 2009. ATTEST: City Clerk of the City of Grand Mayor of the City of Grand Terrace Terrace and of the City Council and of the City Council thereof. thereof. Page 8 of 9 I, BRENDA MESA, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the , 1009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Brenda Mesa Approved as to form: City Attorney John R. Harper r , Page 9 of 9 ATTACffiVENT t1*r NEGATIVE DECLARATION Document Type: Negative Declaration Date: December 28, 2007 Project Title: Z-06-02 and E-07-09 Project Location: Citywide Description of Project: Adopt a new zoning ordinance amending Title 18 of the Grand Terrace ZoninCode by adding Chapter 18.72 which will be entitled: "The Amateur ('HAM') Radio Antenna Ordinance." Project Proponent: Community Development Department, City of Grand Terrace Lead Agency: Community Development Department, City of Grand Terrace Contact Person: Gary L. Koontz, Community Development Director (909)430-2247 Public Review Period: Began: December 28, 2007 Ended:January 17, 2008 Public Hearings/Meetings: Planning Commission: Thursday, January 17, 2008 at 7:00 P.M. Thursday, June 19, 2008 at 7:00 P.M. Thursday,August 21, 2008 at 7:00 P.M. City Council: March 11, 2008 at 6:00 P.M. Environmental Finding: Based on an Initial Study, attached hereto, prepared to evaluate the potential environmental impacts of approving Z-06-02 and E-07-09, the said project qualifies for a Negative Declaration on the grounds that it will not have a significant adverse impact on the environment. Signature: Gary L. Koontz, Community Development Director Y:\Personal_JLAiVIPE\01.02-08\JOHN\HAM RADIO ORD\negativedeclaratinonZ-06-02.wpd 1a i I CITY OF GRAND TERRACE COMMUNITY DEVELOPMENT DEPARTMENT INITIAL STUDY/ENVIRONMENTAL CHECKLIST 1. Project title: Amateur("HAM") Radio Antenna Structure Ordinance(Zoning Amendment No. 06-02 and Environmental Review Case No. 07-09) 2. Lead agency name and address: Community Development Department,City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313 3. Contact person and phone number: Gary L. Koontz,Director of Community Development,909- 430-2247 4. Project location: Citywide 5. Project sponsor's name and address: Community Development Department,City of Grand Terrace 22795 Barton Road Grand Ten-ace,CA, 92313 6. General plan designation:Citywide 7. Zoning: Citywide 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation.Attach additional sheets if necessary.) Adopt a new zoning ordinance amending Title 18 of the Grand Terrace Zoning Code by adding Chapter 19.72 which will be entitled: "The Amateur('HAM')Radio Antenna Ordinance." 9. Surrounding land uses and setting: Briefly describe the project's surroundings: Grand Terrace is mainly a bedroom community with more than half of the City developed for residential uses. Grand Terrace is located between the City of Colton on the west, north and east and the unincorporated area of the County of Riverside on the south. The City lies mainly on an alluvial plain between two hilly or mountainous ridges, Blue Mountain to the east and the La Loma Hills to the west. The City has an estimated population of approximately 12,000 and covers 3.6 square miles. The average elevation is 1,065 feet. The I-215 Freeway runs along the westerly side of the community dividing the northwest comer of City from the main portion of the community. ImttalStudyZ-06-02.3 wpd-10%20r03 �_ 1 ' 10. Other public agencies whose approval is required(e.g., permits, financing approval, or participation agreement.) The Building and Safety/Public Works Department of the City of Grand Terrace will be involved to the extent that a proposed amateur,"HAM", radio antenna structure requires a building and/or electrical permit or permits. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards&Hazardous ❑ Hydrology/Water ❑ Land Use/Planning Materials Quality ❑ Mineral Resources ❑ Noise Q Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ■ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a"potentially significant impact"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ImttalStudyZ-06412.3 wpd-1MOM -2- O 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects(a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and(b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. yf f t-AL&/o7- Signature Date Gary L. Koontz Community Development Director Printed Name Title IninalStudyZ-06-02.3 wpd-W20:03 -3- 1 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No impact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g., the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g.,the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct,and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant,less than significant with mitigation,or less than significant."Potentially Significant Impact"is appropriate if there is substantial evidence that an effect may be significant.If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. q) "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact" to a"Less Than Significant Impact.,, The lead agency must describe the mitigation measures, ificant and briefly explain how they reuce thSection XVD,orearh�eanalyses may be cross-refcffect to a less than erenced). el(mitigation measures from f enced). 5) Earlier analyses may be used where,pursuant to the tiering,program EK or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures.For effects that are"Less than Significant with Mitigation Measures Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies we encouraged to incorporate into the checklist references to information sources for potential impacts(e.g.,general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate,include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or Individuals contacted should be cited in the discussion. InmalStudyL-06-02.3 wpd-10;20M3 -0 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any,used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance 10) The following abbreviations have been used in this checklist: a)AQMD=Air Quality Management District(Southern California) b)BRSP= Barton Road Specific Plan c)EIR=Environmental Impact Report d)GP=General Plan e)MEA=Mater Environmental Assessment Environmental Issues: lnmalStudyZ-06-02.3 wpd-10.20iO3 _5_ Less Than Potentially Significant with Less Than Significant Mitigation Significant 040 Impact Incorporation Impact Impact I. AESTHETICS--Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ 0 ❑ vista? b) Substantially damage scenic resources, ❑ ❑ ❑ including,but not limited to,trees,rock outcropping,and historic buildings within a state scenic highway? c)Substantially degrade the existing visual ❑ ❑ 0 ❑ character or quality of the site and its surroundings? d)Create a new source of substantial light or ❑ ❑ ❑ glare which would adversely affect day or nighttime views in the area? Brief explanation to answer I: I a)The limitations in the proposed ordinance on the height,the size of the antenna arrays and number of antenna structures permitted on one parcel will insure that there will be no"substantial"adverse effects on a scenic vista. Finding: Impact less than significant.No mitigation is required. I b)Minimal land disturbance,if any,would be required to put up a proposed antenna structure. Therefore,there will be no"substantial'damage to scenic resources. In addition,there are no state scenic highways within the City of Grand Terrace according to the Caltrans California Scenic Highway Program. Finding: No Impact.No mitigation is required. I c)Again,the limitations on the height,size and number of antennas that can be put up will insure that no visual or scenic resources will be"degraded"substantially. Finding: Impact less than significant.No mitigation is required. I d)The antenna structures permitted under the proposed ordinance will be required to be maintained in good condition including repainting when necessary. In addition,the permitted antenna structures will not be high enough to require any kind of safety lighting. Therefore, there will be no light or glare which would affect day or nighttime views. No mitigation is required. Finding: No Impact. IninalStudyZ-O"2.3 wpd-M20,03 -6- 7 Less Than Potentially Significant with Less Than Significant Mitigatloo Significant No Impact Ineorporatloo Impact impact If. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland,Unique Farmland, p or Farmland of Statewide Importance ❑ ❑ ■ (Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b)Conflict with existing zoning for agricultural ❑ ❑ use,or a Williamson Act contract? ❑ ■ c)Involve other changes in the existing ❑ ❑ environment which,due to their location or ❑ ■ nature,could result in conversion of FarnAmd, to non-agricultural use? A brief explanation to answer II: 11 a)The limited amount of land necessary to erect a amateur,"HAM,"radio antenna structure will ensure that there would be no widespread or even limited conversion of prime farmland. In addition, antenna structures will be places on residential sites which have already been converted to non- agricultural uses. In addition, there are currently no significant agricultural resources in the City of Grand Terrace. lI b)The proposed ordinance would not prohibit any of the .. Overlay"zone; therefore it will have no impact on existingzoning or ases to the City s Agricultural there are no parcels in the City where the o g cultural uses. In addition, contract. property°per has entered into a Williamson Act" II c)Amateur, "HAM,"radio antenna structures will be auxiliary uses ential which already have been converted to non-agricultural uses. These structures twill not tither dirrectlys or indirectly result in the conversion of"Farmland"to non-agricultural uses. Finding for II a-c: Yo impact. iVo mhlgadon is required. Init121StudyZ4)6-02 3 wpd-10,20,03 -7- Less Thom Potentially Significant with Len oiThen No Significant Mitigation Impact m Impact Incorporation Pad III.AIR QUALITY—Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: ❑ ■ a)Conflict with or obstruct imp lernentation of ❑ ❑ the applicable air quality Plan? ❑ ❑ ■ b)Violate any air quality standard or contribute O substantially to an existing or projected air quality violation? ❑ O ■ c)Result in a cumulatively considerable net O increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone Priors)? ❑ ■ d)Expose sensitive receptors to substantial O O pollutant concentrations? O O ■ e)Create objectionable odors affecting a ❑ substantial number of People? InmalStudyL-06-02.1 wPd-10/20,03 8- 1 Less Than Potentially significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation to answer Ill: III a)The proposed ordinance would allow for the construction and putting up of amateur, "HAM," radio antenna structures. As there will be no grading to put up an antenna structure, there will be no generation of dust or the emissions associated with grading. In addition, the operation of these facilities will involve no generation of air emissions. Therefore there will be no violation of an air quality plan such as the"2007 Air Quality Management Plan"adopted by the SCAQMD. III b)The proposed ordinance would not violate any air quality standard or contribute"substantially" to an air quality violation because the lack of dust and air emission generation cited above. III c)The proposed ordinance would not"result in a cumulatively considerable net increase"in air pollutants because of the lack of dust and air emission generation cited above. III d)The proposed ordinance would not`expose sensitive receptors to substantial concentrations" because of the lack of dust and air emission generation cited above. III e)No objectionable odors would be generated by the use or operation of amateur, "HAM,"radio antenna structures and equipment permitted by the proposed ordinance. In addition,as no would be required, no odors associated with grading equipment would be generated. grading Finding for III a-e:No Impact No mitigation is required. InihalStudyt-06-02 3 wpd-10i20-03 9_ Less Than Potentially Significant with Less Than No Significant Mitigation Significant impact incorporation Impact Impact IV. BIOLOGICAL RESOURCES--Would the project: a) Have a substantial adverse effect,either ❑ ❑ ❑ ■ directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ riparian habitat or other sensitive natural corrtrnnnrity identified in local or regional plans, policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally ❑ protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to, marsh,vernal pool;coastal,etc.)through direct removal,filling,hydrological interruption, or other means? d)Interfere substantially with the movement of ❑ any native resident or-migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances ❑ protecting biological resources,such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted ❑ Habitat Conservation Plan,Natural Community Conservation Plan,or other approved local, regional,or state habitat conservation plan? InitiaIStudyZ-06-02 3 wpd-I0r20r03 -10- Less Thom Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation of answer IV: IV a)The proposed ordinance would allow for the construction and erection of amateur,"HAM," .radio antenna structures. As there will be no grading to put up an antenna structure, there will be no substantial modification of habitat areas, if any exist in the City. At present, there are no known endangered,threatened or rare species in the City. In addition, the City's General Plan,no significant natural resources have been identified in the urban areas of the City where antenna structures would be constructed. In the absence of any endangered, threatened,or rare species or their habitats,no impact related to this issue would occur. 1V b)The amateur, "HAM,"radio antenna structures allowed by the proposed ordinance would not have a substantial adverse effect on any riparian habitat or other sensitive natural community for the reasons cited above. IV c)The amateur,"HAM,"radio antenna structures allowed by the proposed ordinance would not have a substantial adverse effect on federally protected wetlands through direct removal, etc., for the reasons cited above. IV d)The amateur,"HAM,"radio antenna structures allowed by the proposed ordinance would not interfere substantially with wildlife dispersal or migration corridors because of little or no land disturbance,including lack of grading,that will be required to construct such facilities. IV e)The proposed ordinance will not conflict with any local policies or ordinances protecting biological resources in that anyone seeking a permit to construct an amateur, "HAM,"radio antenna structure will have to comply with all applicable City regulations before a permit would be issued. IV f)The proposed ordinance will not conflict with any adopted habitat conservation plan in that there are no such adopted habitat conservation plans that include the City of Grand Ten-ace. Finding for IV a-ft No Impact. No mitigation Is required. in MalStudyZ46-02.3 wpd-10120103 Less Than Potentially Significant with Less Than Significant Mitigating Signi0cant No Impact Incorporation Impact Impact V. CULTURAL RESOURCES—Would the project: a)Cause a substantial adverse change in the ❑ significance of a historical resource as defined in §l 5064.5? b)Cause a substantial adverse change in the ❑ ❑ a ■ significance of an archaeological resource pursuant to§15064.5? destroy a unique ❑ ❑ ❑ ■ c)Directly or irrdirectly Y paleontological resource or site or unique geologic feature? d)Disturb any human rernains,including those ❑ ❑ ❑ ■ interred outside of formal cemeteries?(There are no cemeteries-in Grand Terrace nor are there any known human remains on the site.) A brief eiplanation of answer V: _ l V ate)As discussed in the City's General Plan,the history of the City,Particularly the agricultural use of the area,makes the possibility of fording archaeological and paleontological resource material remote. Tice General Plan also states that there are little or no historical resources in the City. In addition,no grading will not be required to construct or erect an amateur,"NAM,"radio antenna structure. These facts will insure that the proposed ordinance will not result in adverse impacts to archeological,paleontological or historical resources. V d)There are no cemeteries in Grand Terrace. In addition,it is unlikely that human remains would be disturbed outside of a"formal"cemetery in that,according to the General Plan, "the existing body it knowledge has y t identified any that the lack of on very limitedood of of gral ound disttuurbCalifornians." nce to lerect' Therefore an amateur, it is highly unlikely "HAM,"radio antenna structure would disturb any human remains. Finding for V a-d: No Impact. No.mitigatlom Is required. ImualStudyL-06-02.3.wpd-l0/20iO3 -12- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact l F VI.GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: i)Rupture of a known earthquake fauk,as ❑ ❑ ❑ delineated on the most recent Alquist-Prriolo ■ Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? ❑ ❑ iii)Seismic-related ground failure,including ❑ ❑ liquefaction? ❑ ■ iv)Landslides? ❑ ❑ b)Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? ■ c)Be located on a geologic unit or soil that is ❑ ❑ ❑ unstable,or that would become unstable as a ■ result of the project,and potentWly result in on- or off-site landslide,lateral spreading, subsidence, liquefaction or collapse? d)Be located on expansive soil,as defuwd in ❑ ❑ ❑ Table 18-1-B of the Uniform Building Code ■ (1994).creating substantial risks to life or property? e)Have soils incapable of adequately supporting ❑ ❑the use of septic tanks or alternative waste water ❑ ■ disposal systems where sewers are not available for the disposal of waste water? InitialStudyZ-06-02.3 wpd-10120103 -13- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation of answer VI: VI a-i)There are no known"active"faults as shown on the Alquist-Priolo maps within the City of Grand Terrace. Therefore no amateur, "HAM,"radio antenna structures permitted by the proposed ordinance would fail through fault rupture which is the failure of.a structure caused by the displacement along the trace of the active fault. VI a-ii)The City of Grand Terrace could be subject to strong ground shaking during a seismic event in the Southern California region. However, the antenna structures will require building permits as determined by the City's Building Official. One of the considerations in granting a building permit is that these structures will not fail during a seismic event including strong seismic ground shaking. VI a-iii)The antenna structures will require building permits as determined by the City's Building Official. One of the considerations in granting a building permit is that these structures will not fail during a seismic event including failure from or due to liquefaction. In addition, the Environmental Impact Report for the City's General Plan states that liquefaction is unlikely to occur in most portions of Grand Terrace. VI a-iv)According to the Environmental Impact Report for the City's General Plan,landslides are a relatively minor hazard in the City and would not be expected to represent a significant hazard. VI b)Because no grading would be involved in constructing or erecting an amateur,"HAM,"radio antenna structure,no significant impacts would result in soil erosion or loss of topsoil. VI c)These structures will require building permits as determined by the City's Building Official. One of the considerations in granting a building permit is whether a"soils report"would be required which would identify unstable soils. VI d)These structures will require building permits as determined by the City's Building Official. One of the considerations in granting a building permit is whether a"soils report"would be required which would identify expansive soils. VI e)The proposed amateur,"HAM,"radio antenna structures allowed by the proposed ordinance will be unoccupied and as such will not generate waste water. Finding for VI ": No Impact. No mitigation is required. ImualStudyZ-06-02.3%pd-10/20l03 -14- Less Than Potentially Significant with Less Than Significant Mltlgatlos Significant No Impact Incorporation Impact Impact VII. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a)Create a significant hazard to the public or the ❑ ' environment through the routine ❑ ■ ' or disposal of hazardous materials?��� use, b)Create a significant hazard to the public or ❑ the environment through reasonably foreseeable ❑ ❑ ■ upset and accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle ❑ hazardous or acutely hazardous materials, ❑ ❑ IS substances,or waste within one-quarter mile of an existing or proposed school? d)Be located on a site which is included on a ❑ list of hazardous materials sites compiled ❑ ❑ ■ pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e)For a project located within an airport land ❑ use plan or,when such a plan has not been ❑ ❑ ■ adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f)For a project within the vicinity of a private ❑ airstrip,would the project result.in a safety ❑ ❑ ■ hazard for people residing or working in the project area? g)Impair implementation of or physically ❑ interfere with an adopted emergency response ❑ ❑ ■ Plan or emergency evacuation plan? h)Expose people or strictures to a significant ❑ risk of loss, injury or death involving wildland ❑ El ■ fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wddlands? lnitialSludyZ-06-02.3 wpd-10i20iO3 -15- Less Tham Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact A brief explanation of answer VII: V II a)The construction,erection and maintenance of amateur, -HAM,"radio antenna structures would not involve the"routine"transport, use or disposal of hazardous materials. VII b)The construction,erection and maintenance of amateur,"HAM,"radio antenna structures would not involve the creation of"significant"hazards to the public involving the release of hazardous materials in that hazardous materials will not be used. VII c)The construction,erection and maintenance of amateur,"HAM,"radio antenna structures would not involve the emission of materials within one-quarter mile of an existing or proposed school in that hazardous materials will not be used. VII d)There is only one such site in the City of Grand Terrace compiled pursuant to Government Code Section 65962.5. This site consists of approximately 60 acres in the southern part of the City owned by the Colton Unified School District for a future high school site. The School District is not subject to the City's Zoning Code and therefore the proposed ordinance will have no effect on this site. VII e)There is no airport land use plan within the City of Grand Terrace and there are no public or public use airports within two miles of the City of Grand Terrace. Therefore the adoption of the proposed ordinance would not result in a safety hazard to people working in the City from this hazard. VII f)There are no private airstrips withing the City of Grand Terrace. VII g)Because of the relative small size of amateur,"HAM,"radio antenna structures,there will be no impairment or interference with any emergency response or evacuation plan. VII h)The amateur,"HAM,"radio antenna structures allowed by the proposed ordinance will not expose people to wildland fires in that these are non-occupant structures. Finding for VII a-h:No Impact No mitigation is required. VIII.HYDROLOGY AND WATER QUALITY —Would the project: a)Violate any water quality standards or waste O 0 O 0 discharge requirements? lnittalStudyZ-06-02.3 wpd•10/20,03 -16- Less Than Potentially significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact b)Substantially deplete groundwater supplies or ❑ ❑ interfere substantially with groundwater ❑ ■ recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage ❑ ❑ pattern of the site or area,including through the ❑ ■ alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d)Substantially alter the existing drainage D ❑ pattern of the site or area,including through the ❑ ■ alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e)Create or contribute runoff water which D D would exceed the capacity of existing or planned ❑ ■ stormwater drainage systems or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water ❑ ❑ quality? ❑ ■ g)Place housing within a 100-year flood hazard ❑ D area as mapped on a federal Flood Hazard ❑ ■ Boundary or Flood Insurance Rate Map or other flood hazard delineation reap? h)Place within a 100-year flood hazard area ❑ ❑ structures which would impede or redirect flood ❑ ■ flows? i)Expose people or structures to a significant ❑ risk of loss,injury or death involving flooding, D D ■ including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami,or mudflow? ❑ ❑ ■ ImpalStudyZ-06-02.3 wpd-10/20,03 -17- Less Than Potentially Significant with Less Than Va Significant Mitigation Significant Impact Incorporatlon Impact Impact A brief explanation of answer VIII: V ill a)The amateur,"'HAM, radio antenna structures permitted by the proposed ordinance will require no grading in their construction and will discharge no waste water in their operation. The lack of grading and the lack of waste discharge will insure that no violations of water quality standards or waste discharge requirements will take place. VIII b) In that the proposed antenna structures will require no water in their operations, there will be no"substantial adverse impacts"on groundwater supplies. VIII c)The relatively small size of the proposed uses and the lack of grading will insure that the existing drainage pattern of the area will not be substantially altered. VIII d)The relatively small size of the proposed uses and the lack of grading will insure that there will be no increase in"ninoff'water which would exceed the capacity of existing or planned stormwater drainage systems. VIII e)The relatively small size of the proposed uses,the lack of grading and the lack of discharge will insure that the existing drainage pattern of the area will not be substantially altered or provide "substantial"additional sources of polluted runoff. VIII f)The relatively small size of the proposed uses,the lack of grading and the lack of discharge will insure that water quality will not"otherwise"be substantially degraded VIII g)The proposed ordinance for amateur,"HAM,"radio antennas does not involve the placement of housing in a 100-year flood hazard area or otherwise. VIII h)The relatively small size of the proposed uses and the lack of ground disturbance will insure that the proposed structures will not impede or redirect flood flows. VIII i)The proposed ordinance does not call for any structures for human occupation or significant structures that could result in death or significant loss from flooding. VIII j)There are no large bodies of water in or near Grand Terrace which would result in"seiches"or "tsunamis." Additionally,in that the proposed amateur,"HAM"radio antenna structures will not involve human habitation,the hazards from mudflows will be non-existent. Finding for VIII a-P NO impact. Vo mitigation is required. Inrtial Study Z-06-02 3 Apd-M20,03 As- s- Less Than Poteatially Sianincant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact IX.LAND USE AND PLANNING-Would the project: a)Physically divide an established community? ❑ O b)Conflict with any applicable land use plan, p El policy,or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan,specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable habitat p 0 0 conservation plan or natural conmautity conservation plan? A brief explanation of answer IX: IX a)The limited size and nature of the amateur,"HAM,"radio antenna structures allowed by the Proposed ordinance will not result in the community being physically divided. IX b)The proposed ordinance is consistent with the goals,policies and objectives of the City's General Plan and the purposes of the City's Zoning Code. Therefore,there are no conflicts with any applicable City land use plan,policy or regulation. IX c)There are no"habitat conservation plans"or"natural community conservation plans"within the City of Grand Terrace. Therefore,there are no conflicts. Finding for IX a-c: No Impact. No mitigation Is required X.MINERAL RESOURCES—Would the project: a)Result in the loss of availability of a known p 0 mineral resource that would be of value to the region and the residents of the state? IniaalStudyZ-06-02.3 wpd-10#20'03 -19- I Less Than Potentially Significant with Less Than No Signiflcsat Nitration Significant Impact Impact Incorporation Impact P b)Result in the loss of availability of a locally- ❑ important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? A brief explanation of answer X: X a)There are no known mineral resources lack City mnd Terrace- In would keep any losers to inlsinsignificanty small size of the proposed structures and the of grading levels even if mineral resources were to occur. X b)There are no known"locally important mineral resource recovery sites"noted on any adopted plan for the City of Grand Terrace. Finding for X a-b: No Impact. No mitigation is required. 0 Inrtia1StudyZ4l64)2 3 wpd-10i20.03 ` i Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact X1.NOISE—Would the project result in: a) Exposure of persons to or generation of noise ❑ ❑ levels in excess of standards established in the IS ❑ local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of ❑ ❑ excessive groundborne vibration or groundborne ■ ❑ noise levels? c)A substantial permanent increase in ambient ❑ ❑ noise levels in the project vicinity above levels ❑ ■ existing without the project? d)A substantial temporary or periodic increase ❑ ❑ ❑ in ambient noise levels in the project vicinity ■ above levels existing without the project? e)For a project located within an airport land ❑ ❑ use plan or,where such a plan has not been ❑ ■ adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private ❑ ❑ ❑ airstrip,would the project expose people ■ residing or working in the project area to excessive noise levels? ImtialStudyZ-064)1.3 wpd-IO,Z0/03 -21- 1 Less Than Potentially Significant with Less Than Significant Mitigation Significant Impact Impact Incorporation Impact P A brief eiplanation of answer XI: XI a)Amateur, "HAM."radio antenna structures/equipment do not generate loud or disturbing noises. Therefore, there will be no exposure of persons to excessive noise levels. Finding: Impact less than significant.No mitigation is required. XI b)Amateur,"HAM,"radio antenna structures/equipment do not generate excessive or strong groundborne vibrations. Therefore,there will be no exposure of persons to excessive groundborne vibrations or noise. Finding:Impact less than significant.No mitigation is required. X1 c)Amateur,"HAM,"radio antenna structures/equipment do not generate loud noises as noted above. No"substantiar,increase of ambient noise levels will occur. Finding: No Impact. No mitigation is required XI d)Amateur,"HAM,"radio antenna structures/equipment do not generate loud noises as noted above. No"substantial"temporary increase in ambient noise levels will occur. Finding: No Impact. No mitigation is required XI e)There is no"airport land use plan"existing or proposed in the City of Grand Terrace,nor an airport within two miles. Finding:No Impact. No mitigation is required X1 f)There is no"private airstrip"within the City of Grand Terrace. Finding:No Impact. No mitigation is required. XII.POPULATION AND HOUSING—Would the project: a)Induce substantial population growth in an ❑ ❑ Cl ■ area,either directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b)Displace substantial numbers of existing ❑ housing,necessitating the construction of replacement housing elsewhere`! lnitialStudyZ-06-02.3 wpd-I0i20103 -22- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact c) Displace substantial numbers of people, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? A brief explanation of answer XII: XII a)The limited size and nature of amateur, "HAM,"radio antenna structures will not induce substantial population growth either directly or indirectly. There will be no"direct"effects in that proposed ordinance will not provide for additional housing; and there will be no"indirect"effects in that the proposed ordinance will not provide the kind of infrastructure needed for growth. XII b)Amateur,"HAM,"radio antenna structures as a residential auxiliary use will not displace any existing housing. XII c)Amateur, "HAM,"radio antenna structures as a residential auxiliary use will not displace "substantial"numbers of people necessitating the construction of replacement housing. Finding for XII a-c: No Impact. No mitigation is required. InitialStudyZ-06-02 3 wpd-10,20.03 -23- Less Than Potentially Signincaat with Less Than Significant Mitigation Significant No Impact incorporation Impact Impact XIII. PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ ■ Police protection? ❑ ❑ ❑ ■ Schools? 0 ❑ ❑ ■ Parks? ❑ ❑ ❑ ■ Other public facilities? ❑ ❑ ❑ ■ A brief explanation of answer XH: XM a)Amateur,"HAM,"radio antenna structures are an auxiliary residential use which do not generate any increase in housing or population. Therefore,there will be no impact on public services. Finding: No Impact. No mitigation is required. XIV.RECREATION— a)Would the project increase the use of existing ❑ ❑ ❑ ■ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b)Does the project include recreational facilities ❑ ❑ ❑ ■ or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? InitialStudyZ-O"2 3 wpd-10i20/03 -24" Less Than Potentially Significant with Less Than Significant Mitigatlom Significant No Impact Incorporation Impact Impact A brief explanation of answer XIV: XIV a)The proposed ordinance will not generate any new residential dwellings or population increase. Therefore, there will be no increase in the use of neighborhood or regional parks or their facilities. XIV b)The proposed ordinance will not generate any new residential dwellings or population increase. Therefore, therefore will be no need for additional recreational facilities. Finding for XIV a-b:No Impact. No mitigation is required XV.TRANSPORTATIONfrRAFFIC—Would the project: a)Cause an increase in traffic which is ❑ ❑ substantial in relation to the existing traffic load ❑ ■ and capacity of the street system(i.e.,result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b)Exceed,either individually or cumulatively,a ❑ ❑ level of service standard established by the ❑ ■ county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns, ❑ including either an increase in traffic levels or a ❑ ❑ ■ change in location that results in substantial safety risks? d)Substantially increase hazards due to a design ❑ ❑ feature(e.g.,sharp curves or dangerous ❑ ■ intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? ❑ f)Result in inadequate parking capacity? ❑ ❑ g)Conflict with adopted policies,plans,or ■ programs supporting alternative transportation ❑ ❑ ❑ (e.g.,bus turnouts, bicycle racks)? Imt121S1udyZ-064)2 3 N'pd-10,20103 -25- Less Than Potentially Significant with Less Than No Significant Mitigation Significant Impact Impact Incorporation Impact P A brief explanation of answer XV: XV a)Because the proposed ordinance will not generate any residential (dwelling units),commercial or industrial development,there will be no"substantial"increase in traffic. XV b)Because the proposed ordinance will axceete any ding'a level oflservice(dwelling standard)established by ercial or industrial development,it will not result in the the county congestion management agency for designated roads or highways." XV c)As there are no airports in the City fe Grand T there will be or no the immediate "change di a r train Paity nd a patterns." height lirrttt for the antenna structures is only 20 t, XV d)The proposed ordinance does not include design features for transportation that would result in traffic hazards. XV e)The proposed ordinance does not propose any residential( for neededling ),commercial or access industrial development. Therefore,no emergency proposed XV f)There is no off-street parking required for the uses permitted under the proposed ordinance. XV g)As there will be no traffic generated by the proposed ordinance,there will be no conflict with any policies,plans or programs supporting alternative transportation. Finding:No Impact. No mitigation is required Finding for XV a-gs No Impact. No mitigation is required. XVI.UTILITIES AND SERVICE SYSTEMS— Would the project: ❑ ❑ ❑ a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b)Require or result in the construction of new ❑ water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c)Require or result in the construction of new ❑ ❑ ■ ❑ storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? ImtialStudyZ-01r02 3 wpd-lo/2o1a3 -26- Less Than Potentially Significant with Less Than Significant 111tigatiom Significant No Impact Incorporation Impact Impact d)Have sufficient water supplies available to p ❑ 0 serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e)Result in a determination by the wastewater p treatment provider which serves or may serve ■ the project that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? f)Be served by a landfill with sufficient p 0 O permitted capacity to accommodate the project's ■ solid waste disposal needs? g)Comply with federal,state,and local statutes ❑ and regulations related to solid waste? 0 IN 1 ImnalStudyZ-06-02 3 wpd-10/ 03 _27_ Less Than Potentially Significant witb Less Than Significant Mldption Significant No Impact Incorporation Impact Impact A brief explanatloo of answer XVI: XVI a)Because the proposed ordinance will not generate any residential (dwelling units),commercial or industrial development, there will be no exceeding of wastewater treatment requirements. XVI b)Because the proposed ordinance will not generate any residential (dwelling units),commercial or industrial development, there will be no requirement for the construction of new water or wastewater treatment facilities or expansion of existing facilities. XVI c)Because the proposed ordinance will not generate any residential (dwelling units),commercial or industrial development,there will be no requirement for the construction of new storm water drainage facilities or expansion of existing facilities. XVI d)Because the proposed ordinance will not generate any residential(dwelling units),commercial or industrial development,there will be no requirement for additional or sufficient water supplies. XVI e)Because the proposed ordinance will not generate any residential(dwelling units),commercial or industrial development,there will be no need for new or additional wastewater treatment facilities. XVI f) Because the proposed ordinance will not generate any residential(dwelling units),commercial or industrial development,there will be no need for additional landfill capacity. XVI g)Because the proposed ordinance will not generate any uses that generate solid waste;there will be no need to comply with federal,state, and local statutes related to solid waste. Finding for XVI a-g: No Impact. No mitigation is required. In ina1StudyZ-06-02.3.wpd-t U&03 Len Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact XV11. MANDATORY FINDINGS OF SIGNIFICANCE-- a)Does the project have the potential to degrade ❑ ❑ ❑ IS the quality of the environunent,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a Plant or animal commmmity,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are ❑ ❑ individually limited,but cumulatively ❑ considerable?("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future projects)? c) Does the project have environmental effects ❑ ❑ O ■ which will cause substantial adverse effects on hurnan beings,either directly or indirectly? InrtialStudyZ-06-02 3 wpd-10/20,03 -29- Less Than Potentially Significant with Less Than Significant Nitillatioa Signiflcaot No Impact Incorporation Impact Impact A brief explanation of answer XVII: XVII a)The proposed ordinance would allow for the construction and erection of amateur,"HAM." radio antenna structures. The proposed ordinance would not impact any threatened or endangered species or habitat. As stated in the Initial Study, the proposed ordinance does not have the potential to degrade the quality of the environment with respect to the habitat of fish or wildlife species,nor would it cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Therefore, there are considered to be no impacts with respect to this issue. Finding:No Impact. No mitigation,Is required XVII b)The proposed ordinance would allow for the construction and erection of amateur,"HAM," radio antenna structures. As identified in the Initial Study,the proposed ordinance would have no impacts on the environment. Also,the number of amateur,"HAM,"radio antenna structures is projected to be quite limited in the community. As such,it is logical to conclude that there will be no "considerable"cumulative impacts resulting from the proposed ordinance. Finding:No Impact. No mitigation is required XVII c)The propos ed ordinance would allow for the construction and erection of amateur,"HAM," radio antenna structures. As identified in the Initial Study,the proposed ordinance would have no "substantial adverse effect on human beings,either directly or indirectly." Finding:No Impact. No mitigation is required lnmalStudyZ-06-02.1 wpd-10/20,03 -30- r_ITy RAND TER C Community Services Department Staff Report MEETING DATE: CRA ITEM ( ) COUNCIL ITEM (X) SUBJECT: COLTON JOINT UNIFIED SCHOOL DISTRICT TO DISCUSS AN UPDATE ON THE NEW HIGH SCHOOL TO BE LOCATED IN GRAND TERRACE (X)NO FUNDING REQUIRED BACKGROUND Mayor Maryetta Ferre originally requested a City Council update on the new high school, to be located in Grand Terrace, placed under"Special Presentations" for the March 24,2009 City Council meeting. With the heightened interest in the new high school, the Mayor requested staff on March 20,2009 to amend the previously posted March 24,2009 City Council ' Agenda to reflect the item under"New Business". COUNCIL AGENDA ITEM NO. ef�