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