03/24/2009 11LE- ZOPY
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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
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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.
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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�