03/11/2008 - „ ' . • . - CAP . _.
GRAND TER2 CE MarCh 11,ZOOO
22795 Barton Road
Grand Terrace
California 92313-5295 ;
Civic Center'
(909)824-6621
Fax(909)783-7629 -
Fax(909)783-2600
CITY :OF GRAND TERRACE
Nlaryetta Ferr6
tMayor - - - - -
Lee Ann Garcia CRA/CITY COUNCIL -'
Mayor ProTem.
Bea Cortes ,REGULAR MEETINGS
' Jim Miller,,
Dan Buchanan ND TH
.CoundlMembe"' '� 'AND 4 Tuesd:ay - 6••
00 p•m.• .• ,
Thomas J:Schwab
., .Ciry Manager
Council Chambers
Grand Terrace Civic-Center'
t T - 22795 Barton,Road
.Grand Terrace, CA,92313-5295 _
CITY OF GRAND TERRACE
COUNCIL MEETING
AGENDA-
CITY COUNCIL CHAMBERS March 11,2008
GRAND TERRACE CIVIC CENTER 6:00 PM
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.
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.
* Call to Order-
* Invocation-
* Pledge of Allegiance -
* Roll Call -
} STAFF COUNCIL
AGENDA ITEMS RECOMMENDATION ACTION
CONVENE COMMUNITY REDEVELOPMENT AGENCY 6 PM
1. Approval of 02-26-2008 Minutes Approve
ADJOURN COMMUNITY REDEVELOPMENT AGENCY
CONVENE CITY COUNCIL MEETING
1. Items to Delete
2. SPECIAL PRESENTATIONS-None
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 11,2008 Approve
B. Waive Full Reading of Ordinances on Agenda
C. Approval of February 26,2008 Minutes Approve
D. Award of the Competitively Bid City Center Drive Re- Award
Construction Contract to the Lowest Bidder Roquet Paving
E. Release of Lien Agreement on Parcel Map 14685
I
COUNCIL AGENDA
03-11-2008 PAGE 2 OF 2
AGENDA ITEMS STAFF COUNCIL
RECOMMENDATIONS ACTION
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.
i
5. REPORTS
A. Committee Reports
1. Emergency Operations Committee
a. Minutes of February 5,2008 Accept
2. Historical&Cultural Activities Committee
a. Minutes of February 4,2008 Accept
B. Council Reports
6. PUBLIC HEARINGS
A. An Ordinance ofthe City of Grand Terrace Amending Chapter Approve
9.28 of Title 9 of Grand Terrace Municipal Code Regarding
Procedures Regulating Graffiti
B. An Ordinance of the City Council of the City of Grand Approve
Terrace, California , Amending Grand Terrace Municipal
Code,Chapter 10.20,Prohibiting Parking for the Purpose of
Street Sweeping
C. An Ordinance of the City of Grand Terrace, California, Approve
Amending Title 18, the Grand Terrace Zoning Code By
Adding Chapter 18.72,the Amateur("HAM")Radio Antenna
Ordinance(Zoning Amending No.06-02)
7. UNFINISHED BUSINESS-None
8. NEW BUSINESS
A. Select Budget Hearing Dates for FY 2008-2009 Preliminary Schedule
Budget
9. CLOSED SESSION-None
ADJOURN
THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON
TUESDAY,MARCH 25,2008 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 -FEBRUARY 26 2008
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 February 26, 2008 at 6:00 p.m.
PRESENT: Maryetta Ferrd, Chairman
Lee Ann Garcia, Vice-Chairman
Jim Miller, Agency Member
Dan Buchanan, Agency Member
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Richard Shields, Building& Safety Director
Lt. Hector Guerra, Sheriff's Department
ABSENT: Bea Cortes, Agency Member
Gary Koontz, Community Development Director
{ John Harper, City Attorney
CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6.00 P.M.
APPROVAL OF 02-12-2008 MINUTES
CRA-2008-05 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER
BUCHANAN,CARRIED 4-0-1-0(AGENCY MEMBER CORTES WAS ABSENT)
to approve the February 12, 2008, Community Redevelopment Agency Minutes.
Chairman Ferrel adjourned the Community Redevelopment Agency Meeting at 6:10 p.m.,until the
next CRA/City Council Meeting that is scheduled to be held on Tuesday, March 11, 2008 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
CRA AGENDA ITEM NO.
y_ Check Register Dated March 11, 2008
I
vchlist Voucher List Page: 1
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61119 2/24/2008 005702 PUBLIC EMPLOYEES' RETIREMENT PRend0125200f CONTRIBUTIONS FOR PR END 01252008
10-022-62-00 20,112.16
Total : 20,112.16
61120 2/24/2008 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 0208200 CONTRIBUTIONS FOR PR END 02082008
10-022-62-00 20,062.23
Total : 20,062.23
61121 2/27/2008 001840 CITY OF COLTON Oct/Nov 2007 WASTEWATER TREATMENT
21-570-802-000-000 197,218.73
Total : 197,218.73
61122 2/27/2008 006285 RIVERSIDE HIGHLAND WATER CO 2255 OCT-NOV. WASTEWATER BILLING
21-572-255-000-000 1,706.66
Total : 1,706.66
61123 2/28/2008 010147 CORTES, BEA 03082008 League of Ca. Cities Conf-Wash. DC
10-110-270-000-000 20000
Total : 200.00
61124 2/28/2008 010258 GMAC PAYMENT PROCESSING CENTER 024-9103-15936 TAHOE LEASE
10-120-273-000-000 554.07
Total : 554.07
61125 2/28/2008 010323 ALL PET FEED &TACK 297 Child Care Snow Day Straw Supply
23-200-14-00 230.36
Total : 230.36
61126 2/28/2008 010297 CHINO ICE 25445 Child Care Snow Day Delivery
10-190-220-000-000 1,596.69
Total : 1,596.69
61127 2/28/2008 001907 COSTCO#478 0478130296148 C. CARE SUPPLIES
10-440-228-000-000 120.64
10-440-220-000-000 40.21
Total : 160.85
COUNCIL AGENDA ITEM NO.�?� Page: 1
vchlist Voucher List Page: 2
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61128 2/28/2008 001840 CITY OF COLTON Dec. 2007 DEC 2007 WASTEWATER TREATMENT
21-570-802-000-000 97,432 68
Total : 97,432.68
61129 3/3/2008 010718 CORDOVA, JERINA 03032008 Birthday Bonus
10-370-110-000-000 3500
32-370-110-000-000 1000
34-400-110-000-000 5.00
Total : 50.00
61130 3/4/2008 004301 LAMPE, JOHN W 03152008 Birthday Bonus
10-370-110-000-000 35.00
32-370-110-000-000 10.00
34-400-110-000-000 5.00
Total : 50.00
61131 3/4/2008 010176 HERNANDEZ, JOSE 03222008 Birthday Bonus
17-910-110-000-000 50.00
Total : 50.00
61132 3/4/2008 010604 SHIELDS, RICHARD 03232008 Birthday Bonus
10-172-110-000-000 12.50
10-175-110-000-000 1000
34-400-110-000-000 27.50
Total : 50.00
61133 3/4/2008 005663 PRECIE, DENNICE 03292008 Birthday Bonus
10-440-110-000-000 5000
Total : 50.00
61134 3/4/2008 006331 RONNOW, LARRY 03302008 Birthday Bonus
10-140-110-000-000 50.00
Total : 50.00
61135 3/4/2008 010013 MAURICIO, VERA 03302008 Birthday Bonus
10-440-110-000-000 50.00
Total : 50.00
Page 2
vchlist Voucher List Page: 3
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61136 3/4/2008 010863 MOLINA, SANDRA 03302008 Birthday Bonus
10-370-110-000-000 35.00
32-370-110-000-000 10.00
34-400-110-000-000 5.00
Total : 50.00
61137 3/4/2008 002280 EVER READY EMBROIDERY 1068 30th Anniversary Shirts/Caps
23-200-50-00 1,448.23
Total : 1,448.23
61138 3/11/2008 001045 ADVANCED COPY SYSTEMS 153034 Copier Drum Maint/Repair
10-808-246-000-000 113.51
Total : 113.51
61139 3/11/2008 001145 AMATEUR ELECTRONIC SUPPLY 1991668-01 CXP008C-75 75' RG8 FOAM SILVER TEFLON-
10-808-246-000-000 219.96
Total : 219.96
61140 3/11/2008 001213 AT&T 9098247013793- Feb Child Care dsl charges
10-440-235-000-000 68.50
Total : 68.50
61141 3/11/2008 001484 BROWN INDUSTRIES 108-07402 Award Pins-Child Care Dept
10-440-228-000-000 66.00
Total : 66.00
61142 3/11/2008 001711 CA. DEPT. OF TRANSPORTATION 180305 January 1-215 Fwy Ramp Maint.
16-510-238-000-000 35.36
Total : 35.36
61143 3/11/2008 001498 CALBO 02282008 Class I Membership
10-172-270-000-000 215.00
Total : 215.00
61144 3/11/2008 001810 CITY NEWSPAPER GROUP 3121 LEGAL ADVERTISING
10-125-230-000-000 48.56
Total : 48.56
Page 3
vchlist Voucher List Page: 4
03/05/2008 2:68:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61145 3/11/2008 001840 CITY OF COLTON 000791 ANIMAL CONTROL-CODE ENF. SERVICES
10-190-256-000-000 3,629.00
Total : 3,629.00
61146 3/11/2008 010866 CIVIC PLUS 52588 Website Design/Development
10-125-250-000-000 25,900.00
Total : 25,900.00
61147 3/11/2008 010714 COLLEGE OF EXTENDED LEARNING LPA 2008-206 C. CARE CON -FEB 1 &2, 2008-
10-440-270-000-000 780.00
Total : 780.00
61148 3/11/2008 001907 COSTCO#478 2002 C. CARE SUPPLIES -
10-440-228-000-000 142.51
10-440-220-000-000 4750
Total : 190.01
61149 3/11/2008 001942 DATA TICKET INC. 22931 January Cite Processing Service
10-140-255-000-000 10000
Total : 100.00
61150 3/11/2008 003210 DEPT 32-2500233683 021921/903511( MAINT SUPPLIES
10-180-218-000-000 42.24
022489/803520z MAINT SUPPLIES
10-440-245-000-000 110.99
Total : 153.23
61151 3/11/2008 002165 DRUG ALTERNATIVE PROGRAM 7179 WEED CONTROL AT PARKS
10-450-245-000-000 500.00
Total : 500.00
61152 3/11/2008 010537 EXECUTIVE SERVICES 2495 CITY HALL CLEANING SERVICES-
10-180-255-000-000 631.62
2506 DEC -JUNE BLDG CLEANING
34-400-246-000-000 57.75
10-172-246-000-000 57.75
10-175-246-000-000 5950
Page: 4
vchlist V�iy;her List Page: 5
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61152 3/11/2008 010537 EXECUTIVE SERVICES (Continued)
2506A CITY HALL CLEANING SERVICES-
10-180-255-000-000 1,125.00
Total : 1,931.62
61153 3/11/2008 002740 FRUIT GROWERS SUPPLY 90033984 MAINT SUPPLIES
10-450-245-000-000 1875
90037296 MAINT SUPPLIES
10-450-246-000-000 2500
90039525 MAINT SUPPLIES
10-450-246-000-000 317.37
Total : 361.12
61154 3/11/2008 002760 G & R REFRIGERATION 38392 Child Care Refridq Maint/Repair
10-440-246-000-000 85.00
Total : 85.00
61155 3/11/2008 010691 HDL SOFTWARE LLC 0007150-IN Annual Maintenance Fee
10-172-701-000-000 1,652.80
Total : 1,652.80
61156 3/11/2008 003213 HONEYWELL ACS SERVICE 3378014 HVAC MAINT PER CONTRACT
10-180-257-000-000 4,239.00
3378014A 4th Qtr HVAC Maintenance
10-180-257-000-000 998.00
Total : 5,237.00
61157 3/11/2008 010828 HUTCHENS, CHANNING 02022008 Seminar Mileage Reimbursement
10-440-271-000-000 20.96
Total : 20.96
61158 3/11/2008 006880 IDENTIX IDENTIFICATION SRVS 02052008 Child Care Dept Fingerprint Fees
10-440-228-000-000 92.00
02282008 Fingerprinting-F. Amos
10-440-228-000-000 92.00
Total : 184.00
Page: 5
vchlist Voucher List Page: 6
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61159 3/11/2008 003747 J & M TROPHIES 41027 Engraved Plate-H Guerra
10-110-220-000-000 10.78
Total : 10.78
61160 3/11/2008 010520 K&A ENGINEERING 7234 PHASE II ENGINEERING FOR FREEWAY RETAIL
32-600-205-001-000 14,283 65
Total : 14,283.65
61161 3/11/2008 010771 LASER TEC 107741 Toner Cartridge Refurbishment
10-808-246-000-000 10775
Total : 107.75
61162 3/11/2008 010812 LOWE'S COMMERCIAL SERVICES 08003 MAINT SUPPLIES
10-180-245-000-000 55.99
08003A Child Care Misc Maint Supplies
10-440-245-000-000 8.36
99497 MAINT SUPPLIES
10-180-245-000-000 95.73
Total : 160.08
61163 3/11/2008 010690 LSA ASSOCIATES INC 83098 TOWN SQUARE EIR
23-302-37-00 79975
32-600-212-000-000 1,581 50
83109 January Professional Services
23-302-37-00 24750
Total : 2,628.75
61164 3/11/2008 010546 MPOWER COMMUNICATIONS 387767-MARCH March Child Care/Park/Seniors Phones
10-440-235-000-000 271.06
10-805-235-000-000 32.38
10-450-235-000-000 5948
387798-MARCH March City Hall Phone Service
10-190-235-000-000 1,048.37
10-380-235-000-000 20000
10-808-235-000-000 64.83
Total : 1,676.12
Page: 6
1
1
vchlist Voucher List Page: 7
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61165 3/11/2008 010530 NORTHERN SAFETY CO. INC. P202168501019 Maint. Safety Eyewear
10-180-218-000-000 7732
P202360100016 Maint. Safety Equipment
10-180-218-000-000 363.64
P202362700011 Maint Misc Safety Equipment
10-180-218-000-000 235.63
Total : 676.59
61166 3/11/2008 010524 ONE STEP AHEAD P333368601018#13589 COZY CRUISER BABY SLED
23-200-14-00 71.65
Total : 71.65
61167 3/11/2008 010787 PRO PLANET INDUSTRIAL SUPPLY 18839 RITE AWAY
10-450-246-000-000 372.54
Total : 372.54
61168 3/11/2008 010657 PROGRESSIVE SOLUTIONS 35816 Business License Forms
10-140-210-000-000 575.03
Total : 575.03
61169 3/11/2008 010748 QNI CONSTRUCTION 2007-413 CONVERT STORAGE RM TO RESTROOM
10-440-704-000-000 8,969.00
23-200-14-00 485.00
Total : 9,454.00
61170 3/11/2008 006070 REDLANDS PLUMBING/HEATING 14687 FY 07/08 PLUMBING SUPPLIES
10-450-245-000-000 19.80
Total : 19.80
61171 3/11/2008 006341 ROSENOW SPEVACEK GROUP INC. FEBRUARY CONSULTING SERVICES FY 2007-08
32-370-250-000-000 1,825.00
Total : 1,825.00
61172 3/11/2008 006430 SAN BERNARDINO ASSOC.GOV'T GA DUES 08-09 07-08 Membership Dues
10-190-265-000-000 506.84
Total : 506.84
61173 3/11/2008 006720 SO.CA.EDISON COMPANY 02282008 February Utility Charges
Page. 7
vchlist Voucher List Page: 8
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61173 3/11/2008 006720 SO.CA.EDISON COMPANY (Continued)
10-172-238-000-000 39.53
10-175-238-000-000 31.63
34-400-238-000-000 86.97
10-190-238-000-000 2,065.77
15-500-601-000-000 24.78
10-440-238-000-000 53978
16-510-238-000-000 413.01
10-450-238-000-000 1,187.87
Total : 4,389.34
61174 3/11/2008 006840 SUB DEPOT 02272008 Deposit Refund
23-301-86-00 5000
Total : 50.00
61175 3/11/2008 006898 SYSCO FOOD SERVICES OF L.A. 802200446 C. CARE FOOD & SUPPLIES
10-440-220-000-000 474.40
802270328 C. CARE FOOD &SUPPLIES
10-440-220-000-000 55702
802270329 C CARE FOOD & SUPPLIES
10-440-220-000-000 42.98
Total : 1,074.40
61176 3/11/2008 010590 TERRA LOMA REAL ESTATE 02202008 February Prop. Management Svcs.
32-600-05 96.00
Total : 96.00
61177 3/11/2008 010586 THE JAMIESON GROUP 2007.1234 2/14-2/27 Consulting Svcs
10-370-255-000-000 4,350.00
Total : 4,350.00
61178 3/11/2008 007220 UNDERGROUND SERVICE ALERT 220080277 DIG ALERT MONTHLY SERVICES
16-900-220-000-000 24.00
Total : 24.00
61179 3/11/2008 010750 URBAN CROSSROADS INC. 18616 GEN. PLAN CIRC. ELEMENT TRAFFIC STUDY
10-370-250-000-000 1,725.00
Page- 8
vchlist Voucher List Page: 9
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61179 3/11/2008 010750 URBAN CROSSROADS INC (Continued) Total : 1,725.00
61180 3/11/2008 010605 URBAN FUTURES INCORPORATED 210017 07/08 Refunding Tab Agent Svcs
33-300-250-000-000 1,75000
Total : 1,750.00
61181 3/11/2008 001038 VERIZON WIRELESS-LA 0633427498 February Wireless Service
34-400-235-000-000 141 50
Total : 141.50
61182 3/11/2008 010806 VMI INC 199945 INST CHAMBERS VIDEO SWITCHER/ACCESSORI
10-180-246-000-000 1,89559
Total : 1,895.59
61183 3/11/2008 010584 WALLIN, KRESS, REISMAN, ET AL. 02072008 January Consulting Services
23-301-95-00 69300
Total : 693.00
61184 3/11/2008 007795 WAXIE 70499592 MAINT SUPPLIES
10-180-245-000-000 17090
70499592A Janitorial Supplies-Senior Ctr/Parks
10-180-245-000-000 4865
10-805-245-000-000 271.85
10-450-245-000-000 241.16
Total : 732.56
61185 3/11/2008 007843 WEST COAST ARBORISTS INC 51239 TREE REMOVAL/TRIMMING
16-900-260-000-000 1,73400
Total: 1,734.00
61186 3/11/2008 007880 WEST GROUP 815458000 CALIF. CODE UPDATES
10-125-250-000-000 269.92
Total: 269.92
61187 3/11/2008 007920 WILLDAN 062-9627 07/08 PLAN CHECK& ENGINEERING SERVICES
10-175-255-000-000 1,99500
TotaC: 1,995.00
Page: 9
vchlist Voucher List Page: 10
03/05/2008 2:58:19PM CITY OF GRAND TERRACE
Bank code : bofa
Voucher Date Vendor Invoice Description/Account Amount
61188 3/11/2008 007938 WIRZ & COMPANY 52750 Business Card-City Hall Staff
10-120-210-000-000 73.27
10-370-220-000-000 21 01
10-140-210-000-000 21.01
Total : 115.29
61189 3/11/2008 010519 XEROX CAPITAL SERVICES, LLC 031245000 COPYCENTRE 55 MONTHLY LEASE PAYMENT
10-190-700-000-000 355.95
031245001 LEASE COPYCENTRE 265
10-190-212-000-000 29163
Total : 647.58
71 Vouchers for bank code: bofa Bank total : 436,666.05
71 Vouchers in this report Total vouchers : 436,666.05
I certify that to the best of my knowledge, the afore-listed checks 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.
4:�:� 'Q6a 61
Larry Ronnow, Finance Director
Page: 10
PENDING CITY COUNCILAPPROVAL
CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING -FEBRUARY 26,2008
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 February
26, 2008, at 6:00 p.m.
PRESENT: Maryetta Ferre, Mayor
Lee Ann Garcia, Mayor Pro Tem.
Jim Miller, Councilmember
Dan Buchanan, Councilmember
Tom Schwab, City Manager
Brenda Mesa, City Clerk
Steve Berry, Assistant City Manager
Larry Ronnow, Finance Director
Richard Shields, Building& Safety Director
Lt. Hector Guerra, Sheriff's Department
ABSENT: Bea Cortes, Councilmember
Gary Koontz, Community Development Director
John Harper, City Attorney
The City Council meeting was opened with Invocation by Pastor Salim Elias,followed by the Pledge
of Allegiance led by Councilman Dan Buchanan.
CONVENE CITY COUNCIL MEETING AT 6:00 P.M.
ITEM TO DELETE-None
SPECIAL PRESENTATIONS
A. Grand Terrace Soccer Club - U10 Girls All Star Team
Mayor Maryetta Ferre introduced the Grand Terrace Community Soccer Club U10
Girls All Star Team. She indicated that they won the CalSouth District 5 TOC
Tournament and that they were the first Grand Terrace U10 Girls All Start team to
win this tournament.
Coach Henry Perez talked about the tournament and the team.
Mayor Ferre congratulated the team and presented each player and coach with a
certificate of recognition for winning the CalSouth District 5 TOC Tournament.
COUNCIL AGENDA ITEM NO.,
Council Minutes
February 26,2008
Page 2
B. 30`h Anniversary Presentation- Woman's Club
Mayor Ferrd, announced that the City of Grand Terrace is honoring the Woman's
Club. The Grand Terrace Woman's Club is celebrating 100 years this year. She
indicated that Grand Terrace is celebrating 30 years and that the Woman's Club is
an important part of Grand Terrace's history.
Assistant CityManager_ Berry, put together a slide presentation of photos of the
Woman's Club and played it for everyone.
Nancy Austin, President, Grand Terrace Woman's Club, stated that she is so proud
to represent the Woman's Club. She has been a member for 40 years and is thrilled
to say the Club is celebrating their 1001h Anniversary. She introduced their past
presidents and had all of the members of the Woman's Club stand that were in the
audience.
Pat Nix, thanked the Council for helping them to expose one of Grand Terrace's
biggest and very visible secret, the Grand Terrace Woman's Club. The Grand
Terrace Woman's Club is celebrating 100 years and announced that they no longer
have a charter member, however, they have a member in July of 2008 who will be
99 years old. She resides in the area of Mt. Vernon and Brentwood and up until a
few months ago she walked to the Grand Terrace Community Center to attend the
meetings. She gave an overview of how the club began and shared some of their
achievements.
Mayor Ferrd presented a certificate of recognition to the Grand Terrace Woman's
Club.
Councilmember Miller,wished the Woman's Club a Happy Birthday and expressed
his appreciation for all of the work that they have done over the years.
Mayor Pro Tem Garcia, there is a tremendous amount of gifts and talents in the
Grand Terrace Woman's Club. She thanked the Club for everything that they do and
for the leadership that they give.
Councilmember Buchanan,thanked the Club for the amount of value that they bring
to the City. It is all of the volunteers and organizations that make Grand Terrace so
special.
Mayor Ferrel, stated that she is very proud to be a member of the Grand Terrace
Woman's Club and congratulated them on 100 years.
Council Minutes
February 26,2008
Page 3
C. Presentation to Lt. Guerra
Councilmember Buchanan,presented a plaque to Lt. Hector Guerra in appreciation
for providing outstanding service to the City of Grand Terrace as Lieutenant from
October 6, 2001 to February 29, 2008. He expressed his appreciation for the work
and commitment to Grand Terrace and that his contribution to the Community is
enormous. He feels that he has truly been a member of the community and will be
missed.
Lt. Hector Guerra, thanked Councilmember Buchanan for his words. It is bitter
sweet leaving. His new assignment will be a lot of fun but he will miss working in
Grand Terrace. He stayed in this assignment for a long time,and a lot of that was by
choice and the Department allowing him to do so. In his career he has had the
opportunity to work with a couple of cities and by comparison Grand Terrace was
tremendous to work in. The support from the Council, Staff and the Community is
outstanding and has made his job very enjoyable and easy. He is sad to leave but
very glad to have had the opportunity to serve the community and hopefully in the
best possible way. He introduced Lt. Mike Newcombe,who will be replacing him.
Councilmember Miller,thanked him for all of the work he has done and wished him
nothing but success in his new assignment.
Mayor Pro Tern Garcia, stated that she is going to miss Lt. Guerra. He made the
community feel safe. He did his work with compassion and care. She wished him
well in his new assignment and that he will always be a part of the Grand Terrace
family.
Lt. Mike Newcombe, stated that he knows that he will have big shoes to fill and he
is glad to be in Grand Terrace.
Captain Valerie Tang_uay, stated on behalf of the Sheriff s Department that they are
saddened to lose Hector from the City of Grand Terrace, Loma Linda and Central
Station and wish him the best in his new assignment. They are leaving Grand
Terrace in capable hands with Lt. Mike Newcombe.
CONSENT CALENDAR
CC-2008-18 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER
BUCHANAN, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS
ABSENT), to approve the following Consent Calendar Items:
3B. Waive Full Reading of Ordinances on Agenda
Council Minutes
February 26,2008
Page 4
3C. Approval of 02-12-2008 Minutes
3D. Award Bid to the Lowest Bidder for the Wrought Iron Fence and Gates at
Rollins Park
3E. Consider Approval to Declare Assets Surplus Property
ITEM REMOVED FROM CONSENT CALENDAR
3A. Approve Check Register Dated February 26, 2008
CC-2008-19 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM
GARCIA,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to
approve item 3A. Approve Check Register Dated February 26, 2008.
PUBLIC COMMENT-None
REPORTS
5A. Committee Reports
1. Crime Prevention Committee
a. Minutes of November 19, 2007
CC-2008-20 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM
GARCIA,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to
accept the November 19, 2007 Minutes of the Crime Prevention Committee.
5B. Council Reports
Mayor Ferre,pointed out the beautiful bouquet of flowers that was in the room. She reported
that the City of.Grand Terrace was honored by the Loma Linda Korean Seventh Day
Adventist Church on Saturday evening with a bbq. They wanted to thank the City of Grand
Terrace for providing them a safe place to worship. There was music and a wonderful
dinner.
Mayor Pro Tern Garcia,thanked the Grand Terrace City News for the wealth of information
that they provide in the paper. Congratulated C.E.R.T. on getting a trailer that they can fill
with items that are needed in an emergency. She requested that Assistant City Manager
Berry give some information on the satellite phone and what it means to the community.
Assistant City Manager Berry,stated that he has been working on'this for about three years.
They have received a satellite phone from OES. This will be used in the event that all
communication is down.
Council Minutes
February 26,2008
Page 5
Mayor Pro Tem Garcia, requested information on the family fun film festival.
Assistant City Manager Beia,responded that there will be two events showing family short
films. It should be fun and exciting for the entire community.
PUBLIC HEARING -None
UNFINISHED BUSINESS -None
NEW BUSINESS
8A. Results of the Community Satisfaction Survey
Adam Probolskv, Chairman and CEO Probolsky Research, LLC, gave an overview
of the results of the Community Satisfaction Survey that was conducted. There was
no action taken by the Council.
8B. Discussion on Federal Priorities
t
It was the consensus of the Council that they will discuss and identify what their
Federal priorities are based on what the City needs most so that they are all in
agreement prior to lobbying for Federal Funding. They also feel that seeking funding
for the library is a priority as well as transportation funding for the 215/91 freeway.
8C. Approve the Contract Between the City of Grand Terrace and the Grand Terrace
Martial Arts Program
CC-2008-21 MOTION BY COUNCILMEMBER MILLER,SECOND BY COUNCILMEMBER
BUCHANAN, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS
ABSENT),to approve the contract between the City of Grand Terrace and the Grand
Terrace Martial Arts Program.
CLOSED SESSION-None
Mayor Ferre adjourned the meeting at 7:47 p.m., until the next CRA/City Council Meeting which
is scheduled to be held on Tuesday, March 11, 2008 at 6:00 p.m. '
CITY CLERK of the City of Grand Terrace
MAYOR of the City of Grand Terrace
" 1J1.lG'2XJ
CALIFORNIA Community Services Department
Staff Report
MEETING DATE: March 11,2008
SUBJECT: AWARD OF THE COMPETITIVELY BID CITY CENTER DRIVE
RE-CONSTRUCTION CONTRACT TO THE LOWEST BIDDER ROQUET
PAVING
- FUNDING AUTHORIZATION REQUIRED:
BACKGROUND:
On February 6, 2008 the City of Grand Terrace received a check for$620,000 from the
County of San Bernardino as a final payment from the 1981 Settlement Agreement
between the City of Grand Terrace and the County of San Bernardino
The funds from the payment were approved to be used as upgrades for Fire Station 23 as
noted by Council action at the July 10, 2007 City Council meeting
City Council approved funds to be used for the following*;
-$375,000 for retro-fitting and refurbishing the station-'
-$40,000 for road grinding and a petromat overlay on City Center Drive
-$70,000 for an Opticom system for all city traffic lights. This system can be used
by both the Fire Department and Sheriff's Department to change the lights from
red to green in emergency situations.
-$80,000 for photo voltaic (solar power) system
-$25,000 in new furniture and appliances
-$18,000 in off-site trailer rentals for fire personnel during construction
*best estimates which could vary depending on the bidding process
COUNCIL AGENDA ITEM NO.3D
DISCUSSION
Staff put the first phase of the project out to a public bid in February 2008 for the City
Center Drive Street Re-construction. The staff received two bids, one from Roquet
Paving and the other from Matich Corporation. Roquet Paving was the low bidder at
$42,000.
RECOMMENDATION
Staff recommends:
• Council approves the contract (Exhibit`B") with the low bidder, Roquet Paving,
(Exhibit"C" pricing) for the City Center Drive re-construction project.
EXHIBIT `B"
AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND ROQUET PAVING INC.,
(CONTRACTOR) FOR THE PROVISION OF ROAD RE-
CONSTRUCTION SERVICES ON CITY CENTER DRIVE
THIS AGREEMENT IS ENTERED INTO THIS 11TH DAY OF MRACH 2O08 BY AND
BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND CONTRACTOR FOR ROAD RE-
CONSTRUCTION SERVICES ON CITY CENTER DRIVE.
RECITALS
WHEREAS, CONTRACTOR is a licensed contractor who is qualified and a licensed in the
State of California.
WHEREAS, CITY desires to utilize the services of CONTRACTOR to road maintenance
services.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SERVICES OR SCOPE OF WORK
Contractor shall perform a variety of services for the ROAD
RE-CONSTRUCTION SERVICES ON CITY CENTER
DRIVE as follows:
A. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said City, said Contractor agrees with said City to perform and complete in a
workmanlike manner all work required under the City's Specifications, to furnish at his own
expense all labor, materials, equipment, tools and services necessary therefore, except those
materials, equipment, tools and services as may be stipulated in said specification to be furnished
by said City and to do everything required by this Agreement and the said Specifications.
B. In entering into a Maintenance Contract for a subcontract to supply goods, services or materials
pursuant to a Maintenance Contract, the Contractor or subcontractor offers and agrees to assign to
the City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from
purchases of goods, services, or materials pursuant to the Maintenance Contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to
the Contractor without further acknowledgment by the parties.
C. Bid Performance
Said Bond or Check, as described in the Bid Package including all addendums, shall be given as a
guarantee that CONTRACTOR, if awarded the Contract, will enter into said Contract with the
CITY OF GRAND TERRACE within ten (10) calendar days after receipt of an Award of Contract
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE 1
3
Notice from the CITY, and that the CONTRACTOR will furnish, the necessary Insurance
Certificates, a Faithful Performance Bond, and a Labor and Materials Bond.
In the case of refusal or failure upon the part of the CONTRACTOR to enter into said Contract,
the Check or Bid Bond, as the case may be, which accompanied the Bid shall be forfeited to the
CITY.
D. DEFINITION OF PROPOSED ITEMS OF WORK
The unit prices to be paid for the items listed on the proposal form EXHIBIT C, shall
include full compensation for furnishing all permits, labor, materials, tools and equipment
necessary to complete all work required to accomplish the following items in accordance
with the Standard Specifications, these Special Conditions and any detail drawings or
plans.
1. Road Re-Construction Services on City Center Drive
Work included under this item shall consist of furnishing all permits, labor,
materials, fees, environmental notices and equipment to complete said ROAD RE-
CONSTRUCTION SERVICES ON CITY CENTER DRIVE in accordance with
the applicable sections of the Standard Specifications, these Special Conditions and
the 2001 California Codes.
The Contractor shall remove and dispose of all debris, asphalt, and any subgrade
materials. All debris generated from the Contractors operation shall become the
property of the Contractor and shall be disposed of at a legally acceptable disposal
site furnished by the Contractor and hauled on a route approved by all authorized
agencies and the Director of Public Works. Payment for the disposal of all debris
shall be considered as included in the various contract items of work and no
additional compensation shall be made therefore.
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE 2
Details:
ITE ITEM
M
NO.
1 Mobilization
2 Grind the surface 3 " deep with the proper
disposal, the entire length of City Center Court,
curb to curb, from Mt. Vernon to the Fire Station
approximatel 18,000 s .ft.
3 Pave leveling course over all grinded roadways
with a minimum of 1" thick asphalt (asphalt type
'/2" PG64-10) approximately 18,000 s .ft.
4 Install 4 oz petromat fabric with AR 4000 oil on all
leveled surfaces, approx 18,000 s .ft.
5 Overlay all grinded surfaces with 3 "of AC
including the leveling course approximately
18,000 s .ft.
6 Adjust 1 manhole to finished surface and adjust
21 valve cans to finished surface
The work shall be done under the supervision of the Assistant City Manager and no work or
portion of the work shall be paid for until it is approved for payment by the Assistant City
Manager, but this shall not prevent approval of and payment for completed portions of the work as
it progresses
SECTION 2. SERVICES PROVIDED
CONTRACTOR shall provide all labor, supervision and equipment required to perform said services.
SECTION 3. COMPENSATION
Contractor shall be paid pursuant to the Schedule and Prices submitted in Exhibit C.
The total ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE is not to exceed
$42,000 without written consent by the CITY.
SECTION 4. BUSINESS LICENSE
CONTRACTOR shall, within five (5) days of executing this contract, obtain a current City of Grand
Terrace business license,during the term of this contract or any extension thereto.
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE 3
5
SECTION 5. INDEPENDENT CONTRACTOR
The parties agree that CONTRACTOR is an independent contractor who is being paid to produce a
result. CONTRACTOR is in no way an employee of CITY. CONTRACTOR controls the means of
accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for employees
of CONTRACTOR and said employees shall in no way be deemed or construed to be employees of
CITY for any purposes.
SECTION 6. EFFECTIVE DATE/TERM
I
This agreement shall become effective upon the date of execution of the Agreement by both parties.
This contract shall terminate on May 30, 2008 unless renewed. All work must be completed within 45
days of the contract effective date. A late fee of$100 per day may be accessed by the City for work not
completed in a timely manner.
SECTION 7. TERMINATION
City shall have the right to terminate this agreement at a date earlier than specified for default. Before
CITY exercises said right it shall give CONTRACTOR 10 days notice of the facts constituting the
default and a chance to cure any deficiencies within that time. If those deficiencies have not been
cured, CITY shall have the right to send CONTRACTOR notice that the contract has been terminated
for default pursuant to this paragraph by giving notice as provided herein.
SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the express written consent of CITY.
SECTION 9. NOTICE
The parties may give notice under this contract by sending such notice certified mail addressed as
follows:
TO CITY: CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92313
ATTN: STEVE BERRY
TO CONTRACTOR:
Roquet Paving Inc.
PO BOX 887
Colton, CA 92324
Such notice shall be deemed received five (5)days after mailing, whether signed for or not.
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE 4
SECTION 10. GRATUITIES
CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered
or given any gratuities to CITY'S employees, agents or representatives with a view toward securing
this contract or securing favorable treatment with respect thereto.
SECTION 11. CONFLICT OF INTEREST
} CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way
associated with any architect, engineer or other preparer of the plans and specifications for this project.
CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules, agrees to abide by
those rules, and agrees that any breach of those rules shall give CITY the right to rescind, cancel or
otherwise terminate this agreement,at CITY'S discretion.
SECTION 12. INTEGRATION
This agreement constitutes the entire agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed, or amended in any respect unless in writing and
signed by the parties hereto.
SECTION 13. NO WAIVER
- The failure of the CITY at the time to require performance by the CONTRACTOR of any provisions
hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the
CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach
of such provision or as a waiver of any provision itself.
SECTION 14. INSURANCE
The Contractor shall supply insurance and licensing as follows:
Commercial General Liability:
Primary insurance shall be provided on IOSCGL form No. CG 00 01 11 85 or 88. Total limits shall be
no less than 1 million dollars per occurrence for all coverage's and 2 million dollars general aggregate.
City and its employees and agents shall be added as additional insureds using ISO additional insured
endorsement form CG 20 10 11 85 (in no event will City accept an endorsement form with an edition
date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any
other insurance or self-insurance, primary or excess, available to City or any employee or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional
insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage,
personal injury/advertising injury, at a minimum, and shall include a"drop down" provision providing
primary coverage above a maximum $25,000.00 self insured retention for liability not covered by
primary policies but covered by the umbrella policy. Coverage shall be following form to any
underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have
concurrent starting and ending dates.
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE 5
7
Worker's Compensation:
Shall be written on a policy form providing workers' compensation statutory benefits as required by
law. Employer's liability limits shall be no less than one million dollars per accident or disease.
Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City,
its employees or agents.
The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance and �✓
completed Declaration Regarding Licenses Status form. Contractors must also have a valid City of
Grand Terrace Business License.
Auto Insurance•
CONTRACTOR shall provide Auto Insurance as follows:
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO
Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no
less than (one) 1 million dollars per accident. Starting and ending dates shall be concurrent.'If
Contractor owns no autos, a non-owned auto endorsement to the General Liability policy
described above is acceptable. ,
SECTION 15 LEGAL ACTION ,
Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights
under this Agreement, the City shall recover, in addition to all other relief, its reasonable attorney's
fees and court costs to be fixed by the Court.
SECTION 16 ATTORNEY'S FEES
The parties agree that should any dispute arise concerning the interpretation of this contract, ;or
regarding the performance or non-performance of this contract, that the prevailing party shall .be
entitled to reasonable attorney's fees.
SECTION 17 EXTRA WORK
The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been
authorized in writing to do so by CITY.
SECTION 18 PREVAILING WAGE
The successful Bidder will be required to pay not less than the prevailing wage scale determined
by the Director of the California Department of Industrial Relations, copies of which scale are on
file in the office of the City Clerk and the office of the Director of Public Works/City Engineer
and which shall be made available to any interested party on request.
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY,CENTER DRIVE 6
0
WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above
written.
ATTEST: CITY OF GRAND TERRACE
By:
City Clerk Mayor Maryetta Ferre
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
Title:
City of Grand Terrace-ROAD RE-CONSTRUCTION SERVICES ON CITY CENTER DRIVE 7
9
PROPOSAL TO THE CITY OF GRAND TERRACE
BID SCHEDULE "C"
ITEM ITEM QTY Lump Sum
NO.
1 Mobilization 1
►500-v0
2 Grind the surface 3" deep with the proper 1
disposal, the entire length of City Center'Drive,
curb to curb, from Mt. Vernon to the Fire Station
approximately 18,000 s .ft. 5636. 00
3 Pave leveling course over all grinded roadways 1
with a minimum of 1"thick asphalt(asphalt type
'/:" PG64-10)approximately 18,000 sq.ft. 00
4 Install 4 oz petromat fabric with AR 4000 oil on all 1
leveled surfaces approx,18,000 s .ft. 35Up.00
5 Overlay all grinded surfaces with 3"of AC 1
including the leveling course approximately
1 a 000 s .ft. oo
6 Adjust 1 manhole to finished surface and adjust 1
2 valve cans to finished surface Z 50- fv
TOTAL AMOUNT OF BID IN FIGURES: $
TOTAL AMOUNT OF BID IN WORDS: $ FFDV'-t"u �D uo Qhd �o ur k A rLd a 4
CITY CENTER COURT RECONSTRUCTION 12
in
STAFF REPORT
CRA() COUNCIL ITEM (X) MEETING DATE: MARCH 11, 2008
�.
SUBJECT: RELEASE OF LIEN AGREEMENT ON PARCEL MAP
14685.
RECOMMENDATIONS: DIRECT STAFF TO RELEASE LIEN AGREEMENT,
INSTRUMENT NO.: 94409385, RECORDED ON
OCTOBER 6, 1994.
NO FUNDING REQUIRED X
BACKGROUND:
The Public Works Department received a Demand Request to remove a Lien Agreement on Parcel
Map 14685. The Lien Agreement was noticed through escrow by Southland Title on a refinance
of a single family home for Warren Schmidt and Christina Schmidt.
City records show that the Lien Agreement(Attached)was approved by City Council on September
22, 1994 that held the previous property owners responsible for street improvements to Arliss
Drive,Grand Terrace Road and Barton Road. Since that date,a lot line adjustment(Exhibit C)was
approved by the City that changes the requirements for street improvements. Over the past 14
years,street improvements have been performed on Grand Terrace Road and Barton Road that were
identified in the Lien Agreement. Therefore, the lien can be released. Street improvements will
be required for any improvements to remaining lots that have not been built through the
development review process.
COUNCIL AGENDA ITEM NO.3E
LandAmerlca• Escrow Hospitality
io�
650 E. Hspitali Lane Suite 100
San Bernardino,CA 92408
1W
outhland Title Escrow Offic es 9018 Fax(909)890-0432
Fax
ckrupp@landam.com
March 3,2008 ESCROW NO.: SBC3033675-CK
CITY OF GRAND TERRACE -
CITY CLERK OFFICE ANDIOR CODE ENFORCEMENT
VIA FAX 909-825-7506
DEMAND REQUEST
RE: Warren Schmidt and Christina Schmidt
An escrow has been opened with our company by the above referenced party and provides for the
payment in full of the following encumbrance:
s Lien Agreement i
+ RECORDED ON: October 6, 1994 '
♦ INS"'-W'tMENT NO.: 94409386
♦ C1-�,E NO.: N/A
r' .AINTIFF- MA
DEFE= NIA
send your original demand,together with a fully executed original release(as is
aj., _;.."Le for:`;i•}type of encumbrance)to the following title company. PLEASE BE SURE TO HAVE
Y0,S: "s ACKNOWLEDGED BY A NOTARY PUBLIC.
(LAND TITLE-INLAND EMPIRE(Title)
AST HOSPITALITY LANE#125
•�A& BERNARDINO, CA 92408
Attn: Joe Lardieri
RE: TITLE ORDER NO.: 67680159
Your release will be recorded only when we can comply with the terms of your demand.
PLEASE FAX A COPY OF YOUR DEMAND TO OUR OFFICE AT: (909) 890-0432
WITH A COPY IN THE MAIL.
We wish to thank you for your cooperation and assistance. Please do not hesitate to call our office if you
have any questions concerning this matter.
Si cerely,
Carolyn Krupp
Escrow Officer
CK ICK
.�r� a.• Y /f � YN` 47
RBt►Ukt7Ep
RQUEST of 0
When Recorded Mail to:
City Clerk's Department L o 94409385
City of Graud Terrace NO REOORDIM IN To
OFFICIAL RECORDS OF
22795 Barton Road SM BEMMIM CMM
Grand Terrace, CA 92313 ERROL J MACKZtM
RECORDER
''�--.•. /06/1994
8.: 0 : 00 :AM
LM AACREEMENT
We, the undersigned, Churchwell il Tra
IC Churchwell and D. Marlene Churchwell
Tnmtees,et al holding fee title to that certain property described herein; N. Stafford Cooley and Dorothea
C.Cooley,Tnmxs of the Stafford and Dorothea Cooley Trust dated October 28, 1986 and Chino Vallcy
Bank, a California Corporation, beneficiary;do hereby covenant for ourselves, our heirs and assigns to
have designed by professional engineer, and construct or have constructed the herein described
improvements along the frontage of that certain parcel andlor parcels which may be created by subdivision
Of the parcel herein described. Said real properly shall bear the cost of said umprovements_ We do hereby
grant a lien on said described real property in that amount of money necessary to pay for the cost of said
unprovements at the time said improvements are constructed upon completion of construction and upon
payment for said improvements, this lien will be satisfied and released. Said improvements shall be
installed at the time of grading on said parcel or any of the parcels which may be created by subdivision
of said real property, or as may be requested by the City of Grand Terrace, whichever occurs first
r ro Said property is more particularly described as follows:
All that portion of Lot 14,Vista Grande Tract, in the City of Grand Terrace, County of San Bernardino,
State of California, as per Map recorded in Book 17 of Maps, Page 10, in the Office of the County
Recorder of said County, described as follows;
Beginning at the Northeast corner of said Lot 14, said Northeast corner being the intersection of the
Northerly lime of said Lot 14,and the Westerly line of Grand Avenue,40 feet wide as shown on Plat of said
Vista Grande Tract;thence along said Westerly line of Grand Avenue, South 10° 32'East 247.25 feet to
a point in the Nordwesterly line of Victoria Street, 60 feet wide as shown on said Plat, thence along said
Northwesterly line of Victoria Street; South 27' 25' West 203.52 feet; thence, continuing along said
Northwesterly line of Victoria Street South 39"39'West 65.32 feet;thence leaving said Northwesterly line
of Victoria Street,North 48" 39'20" West; 208.46 feet; thence North 55° 48'West 210.02 feet; thence
North 750 20'West 180.42 feet;thence North 2" 58'40"East 273.04 feet to a point in said Northerly line
of Lot 14;thence along said Northerly line of Lot 14, South 80°23'20"East(recorded on said Plat of Vista
Grande Tract as South 800 25'East)586.30 feet to the point of beginning.
lr �A r
Description:San Bernardino,CA Document-year.DoclD 1994.409385 Page: 1 of 5
Order.-kern Comment: r�
3
94-409385
The design and the installation of improvements required by this agreement are the following:
1. Barton Road
a) Construct the balance of curb and gutter, curb return and cross-gutter at the
( intersection of Grand Terrace Road and Barton Road.
2_ Grand Terrace Road and Arliss Drive
(a) Construct standard curb and gutter 18 feet from street centerline-
(b) Construct standard roadway between new curb and street centerline.
3. Both streets shall be designed to TI=6 for structural section.
4. Install standard sidewalk.
5. Install ornamental street lights, with focus toward rural atmosphere lighting.
6. Provide adequate drainage facilities.
7. Provide saautaiyuqewer to parcels 1 and 3_
8. 'Proposed TPM 14685 shaU'be annexed to the existing 89-1 Landscaping and Lighting''1
Assessment District pursuant to the applicable provisions of 1972 Act. ^ ^_
'�-�.---�----• oveanents
This covenant and lien shall run with the land, and the cost of design�d t hosoever��ono t shy v at the
above-referred to shall be a charge on the above described property
time of such improvements.
Dated this 22nd day of September , 1994
CITX OF GRAND TERRACE Trustees
Churchwell Family Trust
Mayor Richard KL Churchwell,Owner
ATTEST:
D. Mar ene Churchwell, Owner
I -
City Cleric
Description: San Bernardino,CA Document-Year,DocfD 1994.409385 Page_2 of 5
Order kern Comment'
A
i
94--409385
Approved as to Form: Trustees of the Stafford and
Dorothea Cooley Trust
City Attorney N. Staff rd Cooley, Tr ee
N. Robert Cooley, Trus e
�1
Description: San Bemardino,CA Document-Year.DocID 1994.409385 Page:3 of 5
Order. kem Comment:
5
M 94--409385
s � arc
o�
STATE OF CALIFORNIA }ss.
COUNTY OF San Bernardino }
'On 9/15/94 before me, Lanra 1. Wilmoth, Notary Public
personally appeared Richard K. Churchwell, N. Stafford Cooley and
N. Robert Cooley , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person($) 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.
WITNESS my hand and official seal.
Signature c
�++ IAUPA 1.WJUA01 1
COMKINOW
•-� No4ry P1�3o{�B�r,Ia
z SAMBERNAADNOCdIJNSY 3
Alyoonwn.axpiraaAPR Op.t9gA
(This area to offaar nwarrai Zan
Title of Document Lien Agreement
Date of Document 9 j_15/9 4 - _ �r No. of Pages 3
Other signatures not acknowledged n. Marlene churchwell
Description:San Bernardino,CA Document-Year.DoclD 1994.409385 Page: 4 of 5 /3 a rwgo(Genera)
Order.,kem Comment.- First A r ca Title Insurance ComDdnv _
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT �4-'44938�5.s
State of Cal i forni a
County of orange
On 9/15/94 before me, Jane E. Porter Cain, Notary Public
0ATF NAME,rMLE OF OFFICER-E.G.,•JAMS DOE,NOTARY PUeUC•
personally appeared D. Marlene Churchwel l
NAME(s)OF wr4ER(s)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
t to be the person(s) whose-name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
' DFFICIAL SEALcapacity(ies), and that b his/her/their
.'•i
!� LANE E. PORTER CAIv si y gnature(s) on the instrument the person(s),
` Norory Public-Collforraa
ORANGE COUNTY � or the entity upon behalf of which the
My C° I«, Expires +May 19, 1995 person(s) acted, executed the instrument.
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WITNESS my hand and official seat.
'(a?� 6L
i SIOM"E Oft NOTARY
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OPTIONAL
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Though the data below is not required by law,it may prove valuable to persons►eVng on the document and could prevent
fraudulent reattachment of this form.
r�0 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
u INDIVIDUAL
❑ GORPORATE OFFICER
Lien Agreement
mLE(s) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
ATTORNEY-IN-FACT
❑ GENERAL three---------
❑
❑ TRUSTEE(S) NUMBER Or PAGES
❑ GUARDIANICONSERVATOfi
❑ 4THER. 9/15/94
DATE OF DOCUMENT
SIGNER IS REPRESENTING;
NAME OF PEASORS)OR ENMY(I
Richard K. Churchwell
SIGNER(S)OTHER THAN.NAMED ABOVE
01M NATIONAL NMARY ASSOCIATION-MW ROMM01 Ave..P.O.ao:7194-Canape Dark CA 01 aM7181
Description:San Bemardino,CA Document-Year.DoclD 1994.409385 Page:5 of 5
Order.,kern Comment:
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CITY OF GRAND TERRACE RECEIVED
EMERGENCY OPERATIONS COMMITTEE
Regular Meeting 14AR 0 J .2008
(i - MINUTES -- -
February 5,2008 CITY OF GRAND TERRACE
CITY CLERK'S DEPARTMENT
The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency
Operations Center at 22795 Barton Road, Building 3. The meeting was called to order by
Chairperson, Vic Pfennighausen at 6:05.p.m. Agendas were distributed.
MEMBERS PRESENT—Vic Pfennighausen, JoAnn Johnson, Susan Taylor, Randy Halseth,
Robert Stewart and Glenn Nichols.
MEMBERS ABSENT—Lew Neeb, Debra Hurst, Jim Vert and Oscar Santana.
CITY STAFF—Assistant City Manager, Steve Berry.
GUESTS PRESENT/INTRODUCTIONS—Cathy Varelas, Child Care and Jamie Gochenour,
Management Analyst.
CORRESPONDANCE/COMMUNICATIONS—None.
APPROVAL OF AGENDA with motion by Glenn Nichols and second by Susan Taylor.
APPROVAL OF MINUTES OF DECEMBER 4, 2007 with motion by Susan Taylor and second
by JoAnn Johnson.
LIAISON REPORT by Steve Berry.
a. Pocket Park at DeBerry and Mt. Vernon Ave. going very well. Looks good.
b. Web Site is going well and will go to Council on February 19`h and on line on the 26`h .
c. Grand Terrace Days will be.June 141h. Theme will be Racing to the Finish Line. Grand
Marshall will be Jillian Zuker.
d. Building next to EOC has been completely demolished and smoothed over.
e. Many events planned for the 301h anniversary year.
f. Golden Guardian is planning a state wide exercise on March 121h. Will we be able to
participate? Question is left open for now.
g. Looking at CERT being a stand alone committee making it better as per liability purposes
with the city. The matter will be brought up at the CERT meeting tonight at 7 pm.
h. It was reported that the Judge ruled in the favor of the city re the Senior Complex.
i. The EIR will go to the Judge in April.
j. The Korean Church has invited community members to a dinner on February 23`d at 5 pm.
k. The tile painting events went very well. Tiles are to be a part of the Pocket Park.
1. Neighborhood Watch program went very well at Azure Hills Condominiums. This after
a lady had been kidnapped and forced to withdraw funds from two banks. She was later
released in San Bernardino. Those who committed the crime have been apprehended.
in. New Speed Trailer has been obtained by the City. Trailer is solar powered.
n. Residents of Grand Terrace are being surveyed re many aspects of the city. Analysis of
the survey will be.presented at City Council on February 26`h.
o. Satellite phones will be coming through soon.
p. There is a good possibility we will be able to get our own CERT trailer.
COUNCIL AGENDA ITEM NO.501(�
EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen
a. Will set up a regular Monday, 10 am check in for MURS radios at Senior Center, Child
Care and Fire Station.
b. Suggestion that those places that have Base Stations should also have HTs and
chargers assigned. It is most important that people become very familiar with both the
base station and the HT. Steve agreed that this would be ok.
c. Antennas will be installed at Child Care and Fire Station in the next week or so.
d. Ham radio batteries will be ordered.
e. Diesel generator tanks will be topped off. Additives will be added to avoid condensation
of water in the tank.
f. Vic would like to have volunteers to revamp the City's old speed trailer so that it can
carry 2 generators, 2 pumps and hoses and high power light. This small trailer can be towed
by a normal car or a pick-up.
g. Monday afternoons are(almost) always work days. Perhaps CERT members could help.
h. Dragos has installed Power Point in the EOC computer. Will be getting DVD's and other
items to use Power Point for presentations. Both EOC and CERT should be able to use this
program.
i. Much discussion on the Activation Exercise this year. Vic indicates he will not be able to
spearhead the activation this year. Much work must be done to prepare and execute. It was
suggested that there be a smaller committee to work on this. It was left rather up in the air..
UNFINISHED BUSINESS
a. Most discussed above under Equipment and Facilities Report.
NEW BUSINESS
a. Randy reported that the CERT training had to be cancelled due to low sign ups. R ,
b. Grand Terrace is going together with Loma Linda for joint classes. Training is coming y
up shortly.
c. Grand Terrace will also be going in with Colton in the future.
TRAINING/SPEAKERS
a. Might possibly try for a presentation of the decontamination tents for dirty bombs.
(This item carried over.)
b. Might try to have Barry Fox from San Bernardino County Fire do a presentation in the
future.
ADJOURNMENT at 7:05 p.m.
/JoAnn Johnson, Secretary
NEXT MEETING WILL BE TUESDAY, MARCH 4, 2008 AT 6 P.M.
.4,.9r'i i'�'=_.t�''1 �£.-i§t�;#�✓`ri .1�...,:`�i.1!J�.•`
7 '
Historical & Cultural Activities Committee
Minutes for February 4, 2008
The meeting was called to order at 7:03 p.m. by Chairman Pauline Grant. Those present were
Pauline Grant, Frances Carter, Gloria Ybarra, Masako Gifford, City Clerk Brenda Mesa, Shelly
Rosenkild, Colleen Edmundson and Ann Petta.
Secretary's Report: The minutes for January 7, 2008 were read and approved on a motion by Ann,
seconded by Colleen. Motion carried.
Treasurer's Report: The budget shows a balance of$594.70. Petty cash balance is $126.44.
Historical Report: Ann advised that she was contacted by a Riverside based painting group of 53
women with group members ranging in age from 13 to 83 years who, among other things, paint
scenes and portraits and travel to different areas to paint (group includes a Grand Terrace
resident(s)). Ann suggested the committee sponsor this group,Colleen seconded,the committee was
all in favor. Motion carried.
Old Business: Tablecloths, Measurement of Tables
Colleen reported that the tablecloths were cleaned at a cost of$12.00 and also that, concerning the
hemming of the table skirt, the measurement of the tables can go to 2 %2". The committee agreed.
File Cabinet: Colleen will continue her search of the file cabinet and advise on the outcome.
r
Country Fair Insurance: the Country Fair Insurance in the amount of$441.00 was discussed and
okayed by the committee.
Book of Procedures: no workshop is needed as each individual can write down their job duties as
they go along. Committee was in agreement.
New Business: Art Show,May 4,2008- Shelly will tend to the advertising/applications for the Art
Show. In the advertisements, Shelly will indicate that applications can be found at City Hall,in the
Blue Mountain Outlook and Grand Terrace Newspapers.
The committee chose the color pink for the applications.
The meeting was adjourned at 7:35 p.m. The next meeting will be March 3, 2008.
Red e tfully Submitted,
RECEIVED
loria Ybarr
Secretary MAR 0 4 2008
CITY OF GRAND TERRACE
CITY CLERK'S DEPARTMENT
COUNCIL AGENDA ITEM N06P90\
M e'2Kf
CALIFORNIA Community Services Department
Staff Report
MEETING DATE: March 11,2008
SUBJECT: CONDUCT A PUBLIC HEARING ON A PROPOSED NEW
GRAFFITI ORDINANCE
NO FUNDING AUTHORIZATION REQUIRED:
BACKGROUND:
The City of Grand Terrace has placed a high priority on eradicating graffiti in our neighborhoods,on public
streets, in right-of-ways and in our business district. City staff has been working closely with the County of
San Bernardino Sheriffs Department in cases involving graffiti crimes and has seen a high success rate in
the past three months.
Currently the City does not have a specific ordinance relating to graffiti. Code Enforcement uses our
General Penalty that covers most all violations. With the evolution of graffiti to include stickers,felt-tip
pens,etching pens,etc. it was necessary to add an ordinance specific to graffiti.
Current Graffiti Arrest,Prosecution,and Abatement Procedure
The City of Grand Terrace responds to complaints of graffiti throughout the city limits. City Maintenance
and Code Enforcement inspect the graffiti,photo document occurrences and abate the graffiti. The City
also contracts graffiti removal services through an independent company for weekend graffiti removal.
Each incident is also photo documented and submitted to Code Enforcement.
Code Enforcement prepares incident reports for the Sheriffs Dept. for arrest,prosecution and restitution to
the City for all abatement costs incurred.
Individuals are arrested and prosecuted per Grand Terrace Municipal Code(GTMC) 1.16.010 General
Penalties.
1.16.010(A): Infraction. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions
COUNCIL AGENDA ITEM NO.�p
1
may be issued by police officers or non-safety employees designated by Grand Terrace Municipal Code
Section 1.06.020. Any person convicted of an infraction under the provisions of the Code shall be
punishable either by fines as a specified in the currently adopted Uniform Infraction Bail Schedule used by
the San Bernardino Consolidated Municipal/Superior Courts,of where no fine is specified therein by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one
year;
3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance
within one year.
(B)Misdemeanor. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this code may be prosecuted for a misdemeanor. Written citations for
misdemeanors may be issued by police officers or by non-safety employees designated by Grand Terrace
Municipal Code Section 1.06.020 or by applicable California Statute. Any person convicted of a
misdemeanor under the provisions of this code shall be punished by a fine not exceeding one thousand
dollars or by imprisonment for a term not exceeding six months,or by both such fine and imprisonment.
(C)Civil action. The City attorney,by and at the request of the city council,may institute an action in any
court of competent jurisdiction to restrain,enjoin or abate the condition(s)found to be in violation of the
provisions of this code,as provided by law.
(D)Administrative citation. Upon a finding by the city official vested with the authority to enforce the
various provisions of this code that a violation exists,he or she may issue an administrative citation under
the provisions of Chapter 1.05.
Updated Graffiti Ordinance(see attached)
Staff has been researching other cities and has developed a new graffiti ordinance that addresses:
• The variety of graffiti implements
• Accessibility of graffiti implements
• Reward for information
• Maintenance of property
• Parental responsibility
• Removal of graffiti
• Prevention of graffiti through land use entitlements
Fines and penalties will remain as listed under 1.16010 of the GTMC.Under this existing Code Section,
fines for property owners who do not comply with graffiti removal could be fined$100 for the first
violation,$200 for the second and up to$500 daily until the property is in compliance.
RECOMMENDATION
1. Staff recommends: Conduct a Public Hearing on the proposed Graffiti Ordinance
2. Adopt the First Reading of the Graffiti Ordinance
3. Schedule a Second Reading of the Graffiti Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAND TERRACE
AMENDING CHAPTER 9.28 OF TITLE 9 OF GRAND
TERRACE MUNICIPAL CODE REGARDING PROCEDURES
REGULATING GRAFFITI.
SECTION 1: Chapter 9.28 ("Graffiti") of the Grand Terrace Municipal Code is hereby
amended to read as follows:
9.28.010—Purpose and Intent
The City Council finds and declares as follows:
A. Graffiti on public or private property is a condition of blight that not only
depreciates the value of property which has been the target of such vandalism, but also
depreciates the value of the adjacent and surrounding properties so as to create a negative impact
upon the entire community.
B. Graffiti has also been found to be associated with criminal activity and
delinquency. It is also a means of identification and intimidation utilized by gangs and its
presence may further gang-related activities. The power of graffiti to create fear within the
community and blight upon the landscape, devaluing property and detracting from a sense of
community enjoyed by the residents of the City of Grand Terrace goes beyond the cost of clean-
up or removal. Not only is graffiti a criminal act of vandalism, but it is also a social crime upon
the quality of life and freedom from intimidation that citizens desire in their neighborhoods.
C. California Government Code Section 38771 authorizes the City to declare what
constitutes a nuisance. Section 53069.3 further authorizes the City, under certain circumstances,
to provide for the removal of graffiti and other inscribed materials from private as well as public
property. The Council finds and determines that graffiti is obnoxious and a public nuisance and
unless the City causes it to be removed from public and private property, it tends to remain.
Other properties then become the target of graffiti with the result that the entire neighborhood is
affected and becomes a less desirable place in which to live, work or visit.
D. In the past, the City of Grand Terrace has appropriated funds for the removal of
graffiti from privately owned real or personal property located within the City. While this public
service benefits the entire community, it provides no incentive to private property owners to deal
directly with the problem and to formulate their own ideas, solutions, and mitigation measures to
avoid being victimized time and time again. The perpetual provision of free graffiti removal
services is not an effective deterrent to the escalation of graffiti vandalism and is not a cost
effective use of public funds.
E. It is the purpose and intent of the City Council of Grand Terrace, through the
adoption of this Chapter, to provide additional enforcement tools to protect public and private
property from acts of vandalism and defacement, including the application of graffiti on public
and private property, walls, vehicles, and other structures. Such acts are destructive of the rights
3
and values of private property owners as well as the entire community. It is the further intent of
the City Council, through the adoption of this Chapter, to provide to all of those who disregard
the property rights of others, that the law enforcement agency of the City, Sheriffs Department,
District Attorney's Office, and City Attorney/Prosecutor's Office, will strictly enforce the law
and vigorously prosecute those persons engaging in the defacement of public or private
properties.
9.28.020—Definitions
For the purposes of this Chapter, the following words shall have the meanings
respectively ascribed to them in this section:
A. "Adhesive label" shall mean any so called "bumper sticker", sheet of paper,
fabric, or plastic, or other substance with an adhesive backing.
B. "Aerosol paint container" shall mean any aerosol container, regardless of the
material from which it is made, which is adapted or made for the purpose of spraying paint,
undercoating, spray insulation, or other substance capable of defacing property.
C. "City" shall mean the City of Grand Terrace.
D. "Costs" shall mean and include, but is not limited to, court costs, attorneys' fees,
costs of removal of the graffiti or other inscribed material, costs of repair and replacement of
defaced property, and the law enforcement costs incurred by the City in identifying and
apprehending the person who created, caused, or committed the graffiti or other inscribed
material on the publicly or privately owned permanent real or personal property within the City.
E. "Felt-tip marker" shall mean any marker or similar implement with a tip which, at
its broadest width, is greater than one-eighth (1/8th) of an inch and which contains an ink or
other pigmented liquid that is not water soluble.
F. "Graffiti" shall mean any unauthorized inscription, word, figure, or design that is
marked, etched, scratched, drawn, or painted on or otherwise affixed to or on any surface,
regardless of the nature of the material. Graffiti shall not include any lawful sign authorized in
advance by the owner thereof.
G. "Graffiti Implement" shall mean an aerosol paint container, a felt tip marker,
adhesive label, paint stick, etching tool capable of scarring glass, metal, concrete, wood, or other
surface, , or any other device capable of being used to leave a visible mark at least one-eighth
(1/8th) of an inch in width upon any surface of any material.
H. "Graffiti Vandal" shall mean any person(s) whom an enforcement official
determines to be responsible for applying or affixing graffiti.
I. "Landscape Material" is defined as any plant material that is used to aesthetically
enhance the surrounding area. This shall include, but not be limited to, trees, shrubs, turf,
groundcover, vines and flowers.
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J. "Paint stick" or "graffiti stick" shall mean a device containing a solid form of
paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure,
and upon application, leaving a mark at least one-eighth(1/8th) of an inch in width.
K. "Public Property" shall mean any property or structure of the City that is located
within the public right-of-way or on other lands owned or controlled by the City for the support,
use and/or enjoyment of the public.
L. "Private Property" shall mean all other property (real or personal) or structures,
{ including the property and structures of public agencies other than the City.
�•/ M. "Responsible Party" shall mean any person whom an enforcement official
determines to be responsible for causing or maintaining a public nuisance or a violation of the
Municipal Code or applicable state codes. The term "Responsible Party" includes but is not
limited to a property owner, tenant, person with a legal interest in real property, a person in
possession of real property, or a person who otherwise has responsibility for the repair or
maintenance of real property at which there exists graffiti on any building, structure, tree, shrub,
sidewalk, curb or vehicle.
N. "Structures" shall mean any structure as defined in the City's Building Code, and
shall include, but not be limited to, buildings, walls, fences, gates, utility poles, cabinets,
receptacles, news racks, postal boxes, sidewalks, curbs, pavements, bill boards, street signs, bus
stops and shelters, cargo/shipping containers, or any other structure that is sited through an
official approval process of the City or any other local agency.
O. "Unauthorized" shall mean without the permission of a responsible person or in
violation of this ordinance as determined by the enforcement officer.
P. "Vehicle" shall mean a device by which any person or property may be propelled,
moved, or drawn upon a highway, excepting a device moved exclusively by human power or
used exclusively upon stationary rails
9.28.030—Application of Graffiti Prohibited
It shall be unlawful and a misdemeanor for any person to apply graffiti to any structure,
landscape material, rock or vehicle located within the City. It shall also be unlawful and a
misdemeanor for any person to apply or affix any adhesive label to any structure, landscape
material, rock or vehicle not owned or lawfully possessed by such person, or without advance
authorization by the owner thereof.
9.28.040—Possession of Graffiti Implements by Minors Prohibited
A. It shall be unlawful and a misdemeanor for any person under the age of eighteen
(18) years to have in his or her possession any graffiti implement or other instrument as
described herein below while upon private property without the prior written consent of the
owner of such property, or upon a public highway, street, alleyway, park, playground, swimming
pool, public building or any area open to the public:
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1. Any spray can containing anything other than a solution which can be
removed by water after it dries;
2. Any spray can tips, other than those affixed to a spray can not meeting the
description of section 9.28.040(A)(1);
3. Any marker pens containing anything other than a solution which can be
removed with water after it dries;
4. Any container holding anything other than solution that can be removed
with water after it dries and which can be used to apply that solution. This includes acrylic paint
tubes, oil paint tubes, shoe dyes, and bottles and cans of such solutions; and,
5. Objects capable of etching glass or ceramic surfaces, including, but not
limited to, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels, and
any solution capable of etching these surfaces when applied including acids and etching baths.
B. The provisions of this section 9.28.040 shall not apply to any person under the age
of eighteen (18) years attending, or traveling to or from school, at which time the minor is
enrolled, if the minor is participating in a class at said school which has a written requirement of
the class for the possession of the implements or instruments described in this section. The
burden of proof in any prosecution for a violation of this section 9.28.040 shall be upon the
minor student to establish enrollment in a class that requires the possession of felt tip markers.
9.28.050—Possession of Graffiti Implements Prohibited in Designated Public Places
It shall be unlawful and a misdemeanor for any person to have in his or her possession
any graffiti implement while in or upon any public park, playground, swimming pool, recreation
facility, or while in or within ten (10) feet of an underpass, bridge, abutment, storm drain, or
similar types of infrastructure not normally used by the public, except as may be authorized by
the City.
9.28.060—Furnishing Graffiti Implements to Minors Prohibited
It shall be unlawful and a misdemeanor for any person, other than a parent or legal
guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged,
given, loaned, or otherwise furnished, any graffiti implement to any person under the age of
eighteen (18) years without the consent of the parent or other lawfully designated guardian,
which consent shall be given in advance in writing.
9.28.070—Accessibility to Graffiti Implements
A. Display Requirements. It shall be unlawful and a misdemeanor for any person or
business engaged in a commercial enterprise to display for sale, trade, loan, or exchange any
graffiti implement except in an area from which the public shall be securely precluded without
employee assistance. Two such acceptable methods for displaying graffiti implements for sale
shall be by containment in (1) a completely enclosed cabinet or other storage device which shall
be permanently affixed to a building or structure, and which shall, at all times except during
4
access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a
sales or service counter from which the public is precluded from entry. Nothing herein shall
relieve such person or business entity from, at all times, complying with the requirements of the
California Penal Code section 594.1(c) by posting signs as described therein.
1. Any person or business engaged in the retail sale of any graffiti implement
must display at a conspicuous location a legible sign measuring not less than twelve inches (12")
by twelve inches (12") with letters at least %2 inch in height which states:
"It is unlawful for any person to sell or give to any individual under the
age of eighteen years, without prior written authorization from a parent or
legal guardian, any implement or other device capable of being used to
deface real or personal property. Any person who maliciously defaces real
or personal property is guilty,of vandalism which is punishable by a fine,
imprisonment, or both."
B. Storage_Requirements. It shall be unlawful and a misdemeanor for any person or
business engaged in the commercial enterprise of selling, providing, loaning, or trading graffiti
implements to store any graffiti implement except in either (1) a completely enclosed room
which shall, at all times except during access or actual occupancy by the owner or authorized
adult representative of the owner, remain securely locked; or (2) in a completely enclosed
cabinet or other storage device which shall be permanently affixed to a building or building
structure, and which shall at all times except during access by the owner or an adult
representative of the owner, remain securely locked. For purpose of this section 9.28.070, an
owner or authorized representative of the owner, shall be deemed to actually occupy a room even
during brief periods of absence if the room is contained within a larger structure which is
occupied by the owner.
C. Civil Responsibility for Wrongfulssplay or Storage. Any person or business
who displays or stores or permits the display or storage of any graffiti implement in violation of
the provisions of this section 9.28.070 shall be personally liable for any and all costs, including
attorneys fees and court costs, incurred by any party in connection with the removal of graffiti,
the repair of any property containing graffiti, or such party's prosecution of a civil claim for
reimbursement or damages resulting from such graffiti removal or property repair, arising from
the use by any person of such wrongfully displayed or stored graffiti implement in violation of
this section 9.28.070 or of any provision of the California Penal Code.
9.28.080—Maintenance of Graffiti Prohibited
No person shall cause, permit, aid, abet, or suffer any graffiti which is visible for a 24-
hour period from adjacent real property (whether privately or publicly owned), public street,
sidewalk, alley, or other public right-of-way or other area open to the public to remain on any
structure, landscape material, rock or vehicle owned, possessed, or within the custody or control
of such person, or located on real property owned, possessed, or within the custody or control of
such person. Each day that graffiti is maintained constitutes a new and separate offense, and is
subject to the penalties set forth in Chapter 1.16 of this Code.
5
7
9.28.090—Removal of Graffiti
A. Declaration of Nuisance. Pursuant to California Government Code section 38771,
the City Council hereby declares Graffiti visible from adjacent real property (whether privately
or publicly owned), public street, sidewalk, alley, or other public right-of-way or other area open
to the public to constitute a public nuisance.
B. Abatement of Nuisance. Pursuant to Government Code Section 38773, the City
Council hereby establishes a procedure for the summary statement of the nuisance described in
Section 9.28.090A. Furthermore, the City Council authorizes the appropriation and use of public
funds to remove graffiti or other inscribed material from publicly or privately owned real or
personal property located within the City and to repair or replace publicly or privately owned
property within the City that has been defaced with graffiti or other inscribed material that
cannot be removed cost effectively, or to otherwise abate graffiti attracting surfaces as defined
hereinabove.
1. General. Any person applying graffiti within the City shall have the duty
to remove same in a manner approved by the City within twenty-four hours after notice by the
City or the public or private owner of the property involved. Failure of any person to so remove
graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code
Section 1713.1, where graffiti is applied by minors, the parent or guardian shall be responsible
for such removal or payment for the cost thereof.
2. Public Property. Subject to the provisions of subsection 1 of this section,
whenever the City Manager or his/her designated representative determines that graffiti exists
upon property owned by the City, it shall be removed within twenty-four (24) hours after it is
observed by the City staff. When property is owned by a public entity other than the City, the
removal of the graffiti may be authorized by the City Manager or his/her representative, and
removal/abatement undertaken by City personnel or independent contractor, only after securing
written consent of the public entity having jurisdiction over the property.
3. Private Property.
a. Duty to Remove. It is every property owner's duty to remove
graffiti promptly from his/her property. Where graffiti is located upon private property, and is
capable of being viewed by persons utilizing any public right-of-way or sidewalk within the
City, the City shall cause a written notice to be served upon the owner of the affected premises
requesting the removal of that graffiti. Unless the property owner provides specific written
consent authorizing the City or its contractor abate the graffiti, the property owner shall have
twenty-four (24) hours after the date of the City's notice to remove the graffiti. Failure to
remove or authorize City removal as specified shall be a violation for each day the graffiti is not
removed and deemed to authorize the City's removal pursuant to court order and assessment of
costs of such removal as a lien on the subject property.
b. Notice of Abatement. The notice shall be addressed to the name
and address as appears on the last tax assessment roll, by depositing a copy of the notice in the
U.S. mail, with postage fully pre-paid, or personally delivering a copy of the notice to owner.
6
Q
The service is complete at the time of such deposit in the mail or when personal service is
effectuated. The failure of any person to receive such notice shall not affect the validity of any
proceeding.
C. Authorization to Enter, Hold Harmless. Prior to the entry onto
private property by City personnel or authorized contractor for purposes of graffiti removal, a
specified and signed written consent form shall be obtained from the private property owner or
designated agent for such authorization of entry and release of liability. After written consent is
received, City personnel or authorized contractor shall remove the graffiti within twenty-four
(24) hours.
/ d. Authorization to Enter, Court Order. If a specified and signed
written consent to enter upon private property is not obtained from or is refused by the property
owner or designated agent, the City may enter upon the property to abate the nuisance pursuant
to a court order obtained from a San Bernardino County Superior Court judge. After the court
order is received, City personnel or authorized contractor shall remove the graffiti within twenty-
four(24) hours.
e. Enforcement. Enforcement by way of criminal prosecution is an
additional remedy to other abatement and enforcement procedures available to the City.
C. Scope of Abatement. Notwithstanding the provisions of Chapter 8.28 of this
Code, the use of public funds for the removal of graffiti or the painting or repairing of surfaces
containing graffiti, shall not be used to provide for the painting or repairing of any more
extensive area than that where the graffiti is located unless the City Manager, or his designee,
determines in writing that a more extensive area is required to be repainted or repaired in order to
avoid aesthetic disfigurement to the neighborhood or community, or unless a responsible party
agrees in writing to pay for the costs of repainting or repairing the more extensive area.
D. Appeal of Notice of Abatement. Notwithstanding any other provision of this
Code, any appeal of a Notice of Abatement as it relates to the conditions referenced in section
9.28.090(A) must be filed within four (4) calendar days from the date of the Notice of
Abatement. Failure of the City Clerk to receive a timely notice of appeal constitutes a waiver of
the right to contest a Notice of Abatement. In this event, the Notice of Abatement is final and
binding. All appeals under this Chapter shall be heard as follows:
1. The hearing to determine whether a nuisance as described in
Section 9.28.090A exist shall be conducted by the city manager or his duly authorized designee
who shall act as hearing officer; and who shall herein be referred to as the "Hearing Officer"
who shall consider all relevant evidence including, but not limited to, applicable staff reports,
objections or protests relative to the existence of such alleged public nuisance, and the manner
proposed for abatement of same. Such hearing may be continued from time to time.
2. Upon the conclusion of said public hearing, the hearing officer shall, on
the basis of the evidence presented at such hearing, determine whether the premises, or any part
thereof, as maintained, shall constitute a public nuisance, as defined in this code. If the hearing
officer findings that a public nuisance exists, he shall, by written notice, order the same abated in
7
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a reasonable period of time as set forth in said notice. The determination of the hearing officer
shall be final and conclusive.
3. A copy of the hearing officer's order of abatement shall be served upon
the owner of the property by United States mail or by personal delivery together with a detailed
list of needed corrections or abatement methods. In addition, a copy of the order shall be posted
in a conspicuous place on the property.
9.28.100—Prevention of Graffiti Through Land Use Entitlements
A. In approving tentative or parcel maps, subdivision maps, conditional use permits,
variances, or other land use entitlements, the City shall consider imposing conditions reasonably
related to the control of graffiti and/or the mitigation of the impacts of graffiti. Such conditions
may include, without limitation, any or all of the following:
1. Installation and use of anti-graffiti materials (as approved by the Director
of Community Development or his/her designee) on surfaces which are likely to be graffiti
attracting surfaces;
2. Installation and use of landscaping to screen or provide a barrier to
surfaces prone to graffiti or are likely to be a graffiti attracting surface;
3. Installation and use of additional lighting to areas that are likely to be
graffiti attracting surfaces and areas adjacent thereto;
4. Applicant or owner shall immediately remove any graffiti at the property;
5. Right of access by City forces to abate graffiti;-and,
6. Applicant or permittee to supply the City with sufficient matching paint
and/or anti-graffiti material on demand for use in the abatement of graffiti by City forces.
B. Persons applying for any tentative or parcel maps, subdivision maps, conditional
use permits, variances, or other land use entitlements shall, as part of any conditions, covenants,
or restrictions of any approval for said application, covenant, which covenant shall run with the
land in a form satisfactory to the City, that the applicant, and any and all successors in interest of
the property, shall comply with all conditions, covenants, or restrictions of said approval.
8
in
9.28.110—Reward for Information
A. Pursuant to California Government Code section 53069.5, the City does hereby
offer a reward in an amount to be established by resolution of the City Council, for information
leading to the arrest and conviction of any person for a violation committed within the City of
California Penal Code sections 594 or 594.3 (by the use of graffiti), 640, 640.5, 640.6, or
sections 9.28.030, 9.28.040, 9.28.050, or 9.28.060. of this Chapter. In the event of multiple
contributors of information, the reward amount shall be divided by the City in the manner it shall
deem appropriate. For the purposes of this section, diversion of the offending violator to a
community service program, or a plea bargain to a lesser offense, shall constitute a conviction.
B. Claims for rewards under this section shall be filed, in writing, with the City
Clerk. Each claim shall:
1. Specifically identify the date, location, and kind of property damaged or
destroyed,
2. Identify the date and time of reporting, the method of reporting to the City,
and the particulars that were reported that made it possible to arrest and convict the suspect.
3. Identify by name the person who was convicted, and,
4. Identify the court and the date upon which the conviction occurred.
C. No claim for a reward shall be allowed by the City Council unless the City
investigates and verifies the accuracy of the claim and determines that the requirements of this
section have been satisfied. The investigation must determine that the claimant's information
was relevant and directly responsible for the arrest and conviction of the suspect.
D. Any person committing graffiti vandalism, and if said person is an unemancipated
minor, then the parent or lawful guardian of said minor, shall be civilly liable for any reward
paid pursuant to this section.
9.28.120—Parental Responsibility
A. Pursuant to California Civil Code section 1714.1(b), where graffiti is applied by
an unemancipated minor, the parents or legal guardian of said minor shall be jointly and
severally liable for payment of civil damages resulting from the misconduct of the minor in an
amount not to exceed ten thousand dollars ($10,000) for each such offense. The parent or legal
guardian of said minor shall also be civilly liable for any reward paid pursuant to section
9.28.110(D) of this Chapter.
B. Whenever deemed appropriate, it is the City's intent to collect abatement and
related administrative costs incurred in the summary abatement of any nuisance resulting from
the defacement by a minor or other person of the property of another by graffiti or any other
inscribed material. Notice shall be given to the minor or other persons prior to the recordation of
a lien on the parcel of land owned by the minor or other person and to the parent or guardian
9
having custody and control of the minor prior to the recordation of a lien on the parcel of land
owned by the parent or guardian having custody and control of the minor.
The notice shall be served in the same manner as a summons in a civil action pursuant to
Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of
Civil Procedure. If the minor or other person, after diligent search, cannot be found, the notice
may be served by posting a copy of the notice upon the property owned by the minor or other
person, in a conspicuous place, for a period of 10 days. The notice shall also be published
pursuant to Section 6062 in a newspaper of general circulation that is published in the county in
which the property is located. If the parent or guardian having custody and control of the minor,
after diligent search, cannot be found, the notice may be served by posting a copy of the notice
upon the property owned by the parent or guardian having custody and control of the minor, in a
conspicuous place, for a period of 10 days. The notice shall also be published pursuant to
Section 6062 in a newspaper of general circulation that is published in the county in which the
property is located.
A graffiti nuisance abatement lien shall be recorded in the office of the Recorder of San
Bernardino. From the date of recording, the lien shall have the force, effect, and priority of a
judgment lien.
A graffiti nuisance abatement lien authorized by this section shall specify the amount of
the lien; the name of the agency on whose behalf the lien is imposed; the date of the abatement
order; the street address, legal description, and assessor's parcel number of the parcel on which
the lien is imposed; and the name and address of the recorded owner of the parcel.
If the. lien is discharged, released, or satisfied, either through payment or foreclosure,
notice of the discharge containing the information specified above shall be recorded by the
governmental agency. A graffiti nuisance abatement lien and the release of the lien shall be
indexed in the grantor-grantee index.
A graffiti nuisance abatement lien may be satisfied through foreclosure in an action
brought by the City.
As used in this section, "abatement and related administrative costs" include, but are not
limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material,
costs of repair and replacement of defaced property, and the law enforcement costs incurred by
the City, County, or City and County in identifying and apprehending the minor or other person.
C. As an alternative to the procedure specified in Section 9.28.12013 whenever
deemed appropriate, it is the City's intent to make the costs and related administrative costs of
the abatement of any nuisance described in Section 9.28.090A resulting from the defacement by
a minor or other person of property of another by graffiti or other inscribed material, a special
assessment against a parcel of land owned by the minor or other person or by the parent or
guardian having custody and control of the minor. The assessment may be collected at the same
time and in the same manner as ordinary municipal taxes are collected and shall be subject to the
same penalties and the same procedure and sale in case of delinquency as provided for ordinary
municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes
10
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shall be applicable to the special assessment. However, if any real property to which the
abatement and related administrative costs relate has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and
attaches thereon prior to the date on which the first installment of the taxes would become
delinquent, then the abatement and related administrative costs shall not result in a lien against
the real property but shall instead by transferred to the unsecured roll for collection. Notices or
instruments relating to the abatement proceeding or special assessment may be recorded.
9.28.130—Collection of Costs of Abatement—Lien or Assessment.
A. Whenever deemed appropriate, it is the City's intent to collect abatement and
related administrative costs incurred in abatement of the nuisance described in this Chapter by a
nuisance abatement lien.
1. Prior to the recordation of the lien, notice shall be given to the owner of
record of the parcel of land on which the nuisance is maintained, based on the last equalized
assessment roll or the supplemental roll, whichever is more current.
2. The notice shall be served in the same manner as summons in a civil
action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of
Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be
found, the notice may be served by posting a copy thereof in a conspicuous place upon the
property for a period of 10 days and publication thereof in a newspaper of general circulation
published in the county in which the property is located pursuant to Section 6062.
\� 3. A nuisance abatement lien shall be recorded in the County Recorder's
Office in San Bernardino and from the date of recording shall have the force, effect and priority
of a judgment lien.
a. A nuisance abatement lien authorized by this section shall specify
the amount of the lien, the name of the City, the date of the abatement order, the street address,
legal description and assessor's parcel number of the parcel on which the lien is imposed, and the
name and address of the recorded owner of the parcel.
b. In the event that the lien is discharged, released, or satisfied, either
through payment or foreclosure, notice of the discharge containing the information specified in
paragraph a. shall be recorded by the City.
C. A nuisance abatement lien may be foreclosed by an action brought
by the City for a money judgment.
B. As an alternative to the procedure authorized by Section 38773.1, whenever the
City deems appropriate, the cost of abatement of a nuisance may be recovered by imposition
upon a parcel of land a special assessment against the parcel.
C. A City or the prevailing party may recover attorneys' fees in any action,
administrative proceeding, or special proceeding to abate a nuisance. In no action,
administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing
11
13
party exceed the amount of reasonable attorneys' fees incurred by the City in the action or
proceeding.
D. If the City chooses to proceed pursuant to this Section, notice shall be given, by
certified mail, to the property owner, if the property owner's identity can be determined from the
County Assessor's or County Recorder's records. The notice shall be given at the time of
imposing the assessment and shall specify that the property may be sold after three years by the
tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be
affected by the failure of the property owner to receive notice. The assessment may be collected
at the same time and in the same manner as ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure and sale in case of delinquency as provided
for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of
municipal taxes shall be applicable to the special assessment. However, if any real property to
which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon,
prior to the date on which the first installment of the taxes would become delinquent, then the
cost of abatement shall not result in a lien against the real property but instead shall be
transferred to the unsecured roll for collection.
E. The City may, subject to the requirements applicable to the sale of property
pursuant to Section 3691 of the Revenue and Taxation Code, conduct a sale of vacant residential
developed property for which the payment of that assessment is delinquent.
9.28.140—Penalties
A. Criminal Penalties. Any violation of this chapter shall constitute a misdemeanor
offense and subject to the penalties set forth in Chapter 1.12 of this Code.
B. Additional Penalties. Whenever deemed appropriate, it is the City's intent to
petition a sentencing court to impose the following additional penalties or conditions of any grant
or probation, diversion, deferred entry of judgment, or other court supervision (including upon a
determination that a minor is to be a ward of the court as a result of committing an act of
vandalism or graffiti)upon conviction:
1. Suspension or delay in issuance of driver's license (pursuant to California
Vehicle Code section 13202.6);
2. Community service and/or graffiti removal service (pursuant to California
Penal Code sections 640.6 and 1203 et seq., Welfare & Institutions Code sections 728 and
729.8, and Vehicle Code section 42001.7).
C. Treble Damages. In accordance with Government Code Section 38773.7, upon
entry of a second or subsequent civil or criminal judgment within a two-year period finding that
an owner of property or a person described in paragraph (3) of subdivision (d) of Section 38772
is responsible for a condition that may be abated in accordance with an ordinance enacted
pursuant to Section 38773.5 and 38773.6, except for conditions abated pursuant to Section 17980
12
,A
of the Health and Safety Code, the court may order that person to pay treble the costs of the
abatement.
D. Cumulative Remedies. The remedies provided in this Ordinance are in addition
to other remedies and penalties available under provisions of other applicable City ordinances,
the laws of the State of California, or the laws of the United States.
9.28.150—Severability
The City Council hereby declares that, should any provision, section, paragraph,
sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full
force-and-effect.
ADOPTED by the City Council and signed by the Mayor and attested by the City
Clerk this day of , 2008.
Mayor
I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, hereby certify that the
foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the
of , 2008, and that thereafter the said ordinance was duly and
regularly adopted at a meeting of the City Council on the day of
, 2008, by the following vote,
Ayes:
Noes:
Absent:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of
Grand Terrace, California, this day of , 2008.
City Clerk for the City of Grand Terrace
13
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w
CALIFORNIA Community Services Department
Staff Report
MEETING DATE: March 11,2008
SUBJECT: UPDATE THE GRAND TERRACE MUNICIPAL CODE (GTMC)
CHAPTER 10.20 REGARDING STREET SWEEPING
NO FUNDING AUTHORIZATION REQUIRED:
BACKGROUND:
The City of Grand Terrace is required to update the GTMC with any changes in street sweeping dates and
or zones. Attached are the new street sweeping dates and zone designations.
RECOMMENDATION
City Council to adopt the new street sweeping dates and zone designations for the GTMC Chapter 10.20
COUNCIL AGENDA ITEM NO.(p(�j
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, AMENDING GRAND
TERRACE MUNICIPAL CODE,CHAPTER 10.20,PROHIBITING
PARKING FOR THE PURPOSE OF STREET SWEEPING
WHEREAS,the cleanliness of City streets is a goal shared by all the residents of the City of
Grand Terrace; and
WHEREAS, parked vehicles hinder the efforts of the street sweeper in maintaining the
cleanliness of the city streets; and
WHEREAS, the California Vehicle Code, Section 22507.6, provides for local authorities
restricting parking to allow for adequate street sweeping; and
WHEREAS,the city is,for the purpose of street sweeping,divided into six sweeping zones.
Each zone to be swept once a month; and
WHEREAS, Mt. Vernon Avenue and Barton Road being major arterials require weekly
sweeping;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 10.20 of the Grand Terrace Municipal Code is,hereby amended to read
as follows:
Section 2. For the purpose of street sweeping,the City of Grand Terrace is hereby subdivided
into six (6) sweeping zones (see attached map).
Section 3. Parking is prohibited on streets of Zone 1 on the first Thursday of each month
from 6:00 a.m. to 3:00 p.m.
Section 4. Parking is prohibited on streets of Zone 2 on the first Thursday of each month
from 6:00 a.m. to 3:00 p.m.
Section 5. Parking is prohibited on streets of Zone 3 on the second Thursday of each month
from 6:00 a.m. to 3:00 p.m.
Section 6. Parking is prohibited on streets of Zone 4 on the third Thursday of each month
from 6:00 a.m. to 3:00 p.m.
-1-
::+lt4 li4 311 A t}0:;30 A J,130U O D
Section 7. Parking is prohibited on streets of Zone 5 on the third Thursday of each month
from 6:00 a.m. to 3:00 p.m.
Section 8. Parking is prohibited on streets of Zone 6 on the second Thursday of each month
from 6:00 a.m. to 3:00 p.m.
Section 9. The City Manager or his appointed representative shall have the authority to issue
to any person a revocable written parking permit to park or leave standing a vehicle upon written
application setting forth the reasons therefor. Such permit shall be issued for a specified period of
time and may be revoked by notice, in writing, to the applicant. Terms and conditions are to be as
are reasonable and necessary to insure safety of persons and property,and that it will be in the best
interest of the neighborhood and will prevent any adverse effect upon persons or property affected
thereby. The City Manager may issue such permit if the following findings can be made:
A. That good reason exists to park such vehicle upon a prohibited area in that an emergency or
unusual circumstance requires the parking of such vehicle upon such area and no other
suitable alternative exists;
B. That no adjacent properties will be adversely affected thereby;
C. That the vehicle and area immediately around it is maintained in a clean and orderly manner
without the accumulation of trash or debris thereabouts.
Section 10. Adequate notice of such prohibited parking shall be given by signs erected at the
entrances to each area setting forth the days and hours parking is prohibited.
Section 11. The fine for violation of this Ordinance shall be set by resolution of the City
Council.
Section 12. 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 purposes by the City
Council.
Section 13. First read at a regular meeting of the City Council of said City held on the I I"
day of March,2008 and finally adopted and ordered posted at a regular meeting of said City Council
on the 25`'day of March, 2008.
Mayor of the City of Grand Terrace
and of the City Council thereof.
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3
Attest:
Brenda Mesa, City Clerk
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 251h day of March, 2008, by the following vote: -
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Mesa, City Clerk
Approved as to form:
John Harper, City Attorney
-3-
a
i I.C.IRI.I.•Y1Y11
}_ Grand For more info rmation visit
wwwci ofgrandterrace.oiCIt ofTerrace
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All streets in the city will be swept once
MAIN ST MAIN ST MAIN ST .... Per month based on the above schedule
from 6:00 am to 3:00 pm-PLEASE MOV
ALLVEHICLES FROM THE STREET.
i
.:
Community and Economic Development Department
(AIIf0RNIA.
STAFF REPORT
CRA ITEM ( COUNCIL ITEM (X ) MEETING DATE: March 11, 2008
FUNDING REQUIRED NO FUNDING REQUIRED X
SUBJECT: Z-06-02, recommended "Amateur, `HAM,' Radio Antenna
Ordinance" to allow for amateur, "HAM," radio antennas
by Chapter 18.72 to the Zoning Code and E-07-09,
proposed Negative Declaration for said Ordinance
APPLICANT: City of Grand Terrace - Department of Community
Development
LOCATION: Citywide
RECOMMENDATION: Open the public hearing on Z-06-02 and E-07-09, receive
the staff report, hear public testimony, close the public
hearing and approve the proposed "Amateur, `HAM,"
Radio Antenna Ordinance" and the proposed Negative
Declaration
Background:
This matterwas continued from the meeting of February 12,2008 to allow the City Attorney
to review a letter from Leonard J. Shaffer, an attorney, who provided a legal critique of the
proposed "HAM" Radio antenna Ordinance. Please see Attachment 1 for a copy of the
letter from Mr. Shaffer, dated February 11, 2008.
The City Attorney prepared a response to Mr. Shaffer's critique. (Please see Attachment
2.)This response, dated February 27, 2008, was sent to members of the City Council. In
it, the City Attorney lists legal precedent where the Courts have upheld the denials of
"HAM" radio antenna requests citing the Federal Communication Commission rule known
as PR13-1 and providing guidance as to how far"HAM" facilities can be regulated.
In conclusion, the City Attorney states that any "HAM" ordinance must provide a
"mechanism" based on a public hearing where the proposed conditions such as those
regarding height limitations "have reasonably accommodated the use and impose the
22795 Barton Road • Grand Terrace, California 9231 295 0 909/ 824-6621
8UNCIL AGENDA ITEM NO.
minimum practicable regulation." Based on this conclusion, the City Attorney has
suggested that Section 18.72.070 of the proposed Ordinance be modified to provide for
such a hearing before the City Council. The modified Section 18.72.070 reads as follows:
Section 18.72.070 Reasonable Accommodation Hearing:
Any applicant may appeal the conditions imposed pursuant to this Chapter or
pursuant to Section 18.72.60E 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.
The remainderthe proposed "HAM"Ordinance remains the same as recommended by the
City's Planning Commission on January 18, 2008; and the remainder of this report is
basically the same as prepared for the City Council on February 12, 2008.
The City Council was presented with a petition to regulate amateur radio antenna
structures in a manner that would allow for restrictions based on a clearly defined health,
safety or aesthetic objectives of the City and to place a "moratorium" on any proposed
amateur radio antenna structures exceeding a height of 20 feet until a new "HAM"
ordinance was put in place. The petition was initiated as the result of an application by a
Mr. and Mrs. Ehlert filed in 2005 to allow for a 75 foot high amateur radio antenna structure
located in the southeastern section of the City. This request generated a great deal of
controversy and was appealed to the City Council two times.
In response to this petition,the City Council adopted a"moratorium"on the approval of any
new applications for"amateur radio antenna structures." The Council also instructed the
Staff to prepare a permanent ordinance regulating "amateur radio antenna structures" in
the City of Grand Terrace.
In 1985 the Federal Communication Commission ("FCC") issued an order that local
governments could regulate amateur 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 communications. This ruling is known as the "limited federal
preemption or 'PRB-1' rule."
In July of 2003 Governor Davis signed into law Assembly Bill 1228 which incorporated this
"limited federal preemption known as 'PRB-1' (discussed above) into California law. The
law states the following:
Any ordinance adopted by the legislative body of a city or
county that regulates amateur radio station antenna structures
shall allow those structures to be erected at heights and
dimensions sufficient to accommodate amateur radio service
communications, shall not preclude amateur radio service
communications, shall reasonably accommodate amateur
radio service communications, and shall constitute the
minimum practicable regulation to accomplish the city's or
county's legitimate purpose. (Please see the Exhibit 1 the
t;`. 0 M3TI ACIVI'SDA-113MU03 .. -_ ----
copy of AB 1228.)
In preparing the proposed "Amateur, 'HAM,' Radio Antenna Ordinance," the Staff was
obligated to take into consideration the existing State law cited above. We also reviewed
numerous existing amateur radio antenna ordinances. In addition,there were three public
workshops held with the Planning Commission to review and discuss the proposed
ordinance.
At the first workshop, the Planning Commission made many suggestions to modify and
improve the draft ordinances which were presented to them. This first draft also required
a conditional use permit for an antenna structure and a height limit of 35 feet. The
Commission also wanted the City Attorney to review the draft ordinance to make sure that
the legal obligations had been met.
The City Attorney, after reviewing the draft ordinance, had the following general comment:
We are essentially limited to consideration of health and safety
issues (not aesthetics). Calling it a CUP, rather than a limited
discretionary permit, provides a city too much latitude to deny.
It's almost ministerial, given the 1ST amendment issues.
At the second workshop, it was the consensus of the Planning Commission to change the
proposed height for amateur radio antenna structures from 35 feet to 20 feet. The draft
Ordinance was then modified to reflect both the City Attorney's comments and the
reduction in height stipulated bythe Planning Commission. This latest modified Ordinance
then required a land use application and a building permit (if appropriate)for an amateur
radio antenna structure with a height limit of 20 feet.
Following some minor additional modifications by the City Attorney, this latest draft was
found to be acceptable by the Planning Commission at the third workshop. (Please see
Exhibit 1 for a detailed history of the workshops with the Planning Commission.)
PROPOSED ORDINANCE:
The proposed "HAM" Ordinance proposes to add a new Chapter (Chapter 18.72) to the
City's Zoning Code, Title 18 of the Municipal Code of the City of Grand Terrace. The new
Ordinance will contain eight different sections (Section 18.72.010 through 18.72.080)
dealing with everything from "definitions," to "permitted height," to "procedures," etc. A
copy of the recommended "Amateur,'HAM,'Radio Antenna Ordinance"has been included
as Exhibit 2 including the modifications made by the City Attorney.
The following is a brief description of some of the more important sections of the proposed
ordinance:
1. Section 18.72.040 lists the development standards for those "amateur,
'HAM,' radio antenna structures." If a proposed antenna structure complies
with all five standards including height, number, location, installation and
antenna size, the antenna structure would be permitted with a land use
application and a building permit,(if required.) The land use application
%Ainl I I A onnl%i nn l%i+^fk� ^ nrr.mr.-4 ..,�......., ,.+.....�..�..., ...L.:..L, ..... .... L.:..L..�
3
which do not encroach into any required set back area; which comply with a
proscribed distance from public streets and which do not have an antenna
array over a certain size. The requirement for a building permit would be
determined by the Director of Building and Safety.
2. Section 18.72.050 states what information shall be required for the land use
application for an antenna structure permitted by right. Also included is a
provision for supplying the names of all property owners within a 300-foot
radius of the site for the proposed antenna structure.
3. Section 18.72.060 sets forth the procedures to be followed in order to
approve a land use application for a proposed antenna structure. The
procedures include notifying all property owners within a 300-foot radius;
referring the matter to the Planning Commission if there are objections to the
proposed antenna structure; and the procedures to be followed by the
Planning Commission in approving an application for an antenna structure
if it comes before them. (For a detailed discussion of the recommended
Ordinance please see Exhibit 1.)
ENVIRONMENTAL REVIEW:
This project to adopt a new ordinance amending the Grand Terrace Zoning Code by
adding Chapter 18.72, which will be entitled: "The Amateur ('HAM') Radio Antenna
Ordinance," has qualified for a Negative Declaration under the provisions of the California
Environmental Quality Act in that the project will not have an adverse impact on the
environment. Copies of the Negative Declaration and the Initial Study/Environmental
Checklist with the mandatory finding of no impact for this project are attached hereto as
Exhibit 3.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council approve and adopt
the"Amateur,"HAM,"Radio Antenna Ordinance"underZ-06-02 togetherwith the approval
of the proposed Negative Declaration under E-07-09.
Respectfully submitted, Approved by:
o n Lampe Gary L. Koontz
for Planner Community Development Director
GLK:JL:jl
Exhibits: Exhibit 1 - Planning Commission staff report for January 17, 2008
Exhibit 2 - Recommended "Amateur, 'HAM,' Radio Antenna Ordinance"
(RA\/iCPril
A
Attachment 1 -Letter to the City Manager from Leonard J. Shaffer,Attorney,
dated 2/11/08
Attachment 2 - Letter from the City Attorney to members of the City Council
dated 2/27/08
c:\MyFiles\JOHN\HAMRADIORD\Hamradio.council.rpt.2
5
Community and Economic Development Department
(AlIF01M11
TO: Planning Commission Members
FROM: Community Development Department -
DATE: January 17, 2008
APPLICANT: City of Grand Terrace- Department of Community Development
PROPOSAL: Z-06-02,proposed"Amateur, `HAM,'Radio Antenna Ordinance"to
allow for amateur, "HAM,"radio antennas by adding Chapter 18.72
to the Zoning Code;and E-07-09,proposed Negative Declaration that
said ordinance will not have a significant impact on the environment.
LOCATION: City-wide
RECOMNMNDATION: Open the public hearing on Z-06-02 and E-07-09, receive the staff
report, hear public testimony, close the public hearing and
recommend to the City Council the adoption of the proposed
"Amateur, `HAM,' Radio Antenna Ordinance" and the approval of
the proposed Negative Declaration.
BACKGROUND:
The City Council was presented with a petition to regulate amateur radio antenna structures in a
manner that would allow for restrictions based on a clearly defined health, safety or aesthetic
objectives of the City and to place a"moratorium"on any proposed amateur radio antenna structures
exceeding a height of 20 feet until a new "HAM" ordinance was put in place. The petition was
initiated as the result of an application by a Mr. and Mrs. Ehlert filed in 2005 to allow for a 75 foot
high amateur radio antenna structure located in the southeastern corner of the City. This request
generated a great deal of controversy and was appealed to the City Council two times.
In response to this petition, the City Council adopted a "moratorium"on the approval of any new
applications for"amateur radio antenna structures." The Council also instructed the Staff to prepare
a permanent ordinance regulating"amateur radio antenna structures"in the City of Grand Terrace.
Grand Terrace currently has no specific zoning ordinance which regulates "HAM" radio antenna
structures and towers. Most of the cities in the immediate area are like Grand Terrace in that they
do not have a specific ordinance for"HAM"radio facilities. Therefore, to develop an ordinance,
Staff had to look at the legal basis to develop such an ordinance.
22795 Barton Road • Grand Terrace, California 92313-5295 ��TT72Tr1-' 1
ti
The regulation of"amateur radio antenna structures"has had a long history. In 1985 the Federal
Communication Commission("FCC')issued an order that local governments could regulate amateur
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 communications. This
ruling is known as the"limited federal preemption or`PRB-1'rule."
In July 14, 2003 Governor Davis signed into law Assembly Bill 1228. This bill became law after
unanimous votes in both houses of the State legislature. It was sponsored by assembly member,Bob
Dutton, from Rancho Cucamonga.
This legislation incorporates the"limited federal preemption known as `PBR-1'(discussed above)
into California law. The law states the following:
Any ordinance adopted by the legislative body of a city or county that regulates
amateur radio station antenna structures shall allow those structures to be erected at
heights and dimensions sufficient to accommodate amateur radio service
communications, shall not preclude amateur radio service communications, shall
reasonably accommodate amateur radio service communications,and shall constitute
- the mini num.practicable regulation to accomplish the-city's or co 's arty legitimate-- _--
purpose.
A complete copy of the chaptered bill is attached.to this report for the Commission's information
and reference as Attachment 1.
In preparing the proposed"Amateur, `HAM,'Radio Antenna Ordinance"the Staffwas obligated to
take into consideration the existing State law cited above. The Staff also reviewed numerous
existing amateur radio antenna ordinances. The first draft of the Ordinance was written to require
a"conditional use permit"for those antenna structures that did not meet certain minimum standards
and include a height limit of 35 feet.
In addition,there were three public workshops held with the Planning Commission to review the
drafts Ordinance. Following the first public workshop,the Planning Commission asked the Staff
to modify the draft Ordinance or expressed concern as follows:
1. Add language to the draft Ordinance to limit the size of the antenna array.
2. Concerned expressed over the proposed 35 foot height limit for the antenna
structures.
3. Add the word"array"to the definitions in the draft Ordinance.
4. Clarify that anchors and guy wires can not be within the zoning setback areas.
5. Add language that there be a 300-foot notice requirement for all antennas.
As the Planning Commission also wanted the draft Ordinance to be reviewed by the City Attorney,
the Staff then submitted the revised draft to the City Attorney for review and comment. He had the
following general comments:
We are essentially limited to consideration ofhealth and safety issues
(not aesthetics). Calling it a CUP,rather that a limited discretionary
permit, provides a city too much latitude to deny. It's almost
7
ministerial, given the 1ST amendment issues.
The City Attorney also marked up the revised draft deleting all references to aesthetic considerations
and requirements for conditional use permits. A copy of the marked-up copy of the original draft
is attached at"Attachment 2."
At the second workshop,it was the consensus of the Planning,Commission to change the proposed
height for amateur radio antenna structures from 35 feet to 20 feet. The draft Ordinance was then
modified to reflect both the City Attorney's comments and the reduction in height stipulated by the
Planning Commission. The modified Ordinance now required a land use application and a building
permit(if appropriate)for an amateur radio antenna structure with a height limit of 20 feet.
The modified Ordinance was again submitted to the City Attorney for review and comment. On
October 4,2007 the City Attorney sent a memorandum to Staff indicating the proposed ordinance
was fine with but two small exceptions related to the required findings to approve an amateur radio
antenna structure request. (A copy of the City Attorney's memorandum and comments are attached
for review as Attachment 3.)
At the final workshop on October 1k 2007r the_Planning Commission conci lived that the language
of the final draft, as modified by the City Attorney was acceptable.
PROPOSED ORDINANCE:
f �
The proposed "HAM" Ordinance proposes to add a new Chapter (Chapter 18.72) to the City's _
Zoning Code,Title 18 of the Municipal Code of the City of Grand Ten-ace. The new Ordinance will
contain eight different sections(Section 18.72.010 through 18.72.080)dealing with everything from
"definitions," to `permitted height," and to "procedures." A copy of the proposed "Amateur,
`HAM,' Radio Antenna Ordinance"has been included as Attachment 4.
The following is a brief description of what has been included in the proposed Ordinance:
1. Section 1.8.72.010 sets out the purpose of the proposed Ordinance. In compliance
with State law and comments made by the City Attorney, the purpose of the
Ordinance is to allow for amateur radio communications while insuring that they are
designed and located in such a way as to avoid hazards to public health and safety.
2. Section 18.72.020 provides for the definitions of the main structural components
used in"amateur, `HAM,"radio antenna structures."
3. Section 18.72.030 states that "amateur, `HAM,' radio antenna structures which
comply with the development standards of the proposed Ordinance are a permitted
use in all zoning districts.
4. Section 18.72.040 lists the development standards for those"amateur,`HAM,'radio
antenna structures." If a proposed antenna structure complies with all five standards
including height, number, location, installation and antenna size, the antenna
structure would be permitted with a land use application and a building permit,(if
required.) The land use application would apply only to those proposed antenna
R
structures which are no higher than 20 feet; which do not include more than one
additional whip antenna; which do not encroach into any required set back area;
which comply with a proscribed distance from public streets and which do not have
an antenna array over a certain size. The requirement for a building permit would be
determined by the Director of Building and Safety.
5. Section 18.72.050 states what information shall be required for the land use
application for an antenna structure permitted by right. Also included is a provision
_ for supplying the names of all property owners within a 300-foot radius of the site for
(� 1 the proposed antenna structure.
6. Section 18.72.060 sets forth the procedures to be followed in order to approve a land
use application for a proposed antenna structure. The procedures include notifying
all property owners within a 300-foot radius; referring the matter to the Planning
Commission if there are objections to the proposed antenna structure; and the
procedures to be followed by the Planning Commission in approving an application
for an antenna structure if it comes before them.
-------. ---_y- _..__The finaLtwa-SectionsT Section 1-8_72 ManaSection-1-8.n480 deal wi&appeals-.-
to any action resulting from the proposed ordinance and with the non-conforming
status of existing antenna structures in the City.
The remainder of the proposed Ordinance contains the"Whereas's"which sets forth the reasons for
the proposed Ordinance, the history of its preparation, the environmental documentation and the
necessary findings to adopt the proposed Ordinance.
ENVIRONMENTAL REVIEW:
This project to adopt a new ordinance amending the Grand Terrace Zoning Code by adding Chapter
18.72,which will be entitled:"The Amateur(`HAM')Radio Antenna Ordinance,"has qualified for
a Negative Declaration under the provisions of the California Environmental Quality Act in that the
project will not have an adverse impact on the environment. Copies of the Negative Declaration and
the Initial Study/Environmental Checklist with the mandatory finding of no impact for this project
are attached hereto as Attachment 5.
9
RECOMMENDATION:
The Staff recommends that the Planning Commission recommend to the City Council the approval
and adoption of the proposed "Amateur, `HAM," Radio Antenna Ordinance" under Z-07-02
together with the approval of the proposed Negative Declaration under E-07-09.
Respectfully submitted, Approved by,
Jo Lampe Gary L. oontz
or Planer Community Development Director
GLK:JL jl
Attachments: Attachment 1A Assembly Bill 1228
Attachment 2A Memorandum from the City Attorney dated April 16,2007 and
marked up draft Ordinance. r—
Attachment 3A Memorandum from the City Attorney dated October 4, 2007 and
marked up draft Ordinance.
Aa;.__t_._va A -(:I,.■,+----- ea "A��..r �AA1►d 71 D...L• w—* ^—� ---�s
Initial IQtu4r
c:\MyFiles\JOHH\HAMRADIORD\SR—HAMradio.4
in
Assembly Bill No. 1228
CHAPTER SO
An act to add Section 63850.E to the Oovemment Code.relating to
zoning.
IAW'D"d by O MMW July 14.2003.FDed with
$mfewy of Stale hly 14.2003.1
LEGIN t'Iva Couwa:s crown
AB 1228.Dutton, Zoning mlioaaoes:radio antenou
Existing law aut6o:izp the adopt zoning ordia mm for vad�ody of sm nay countyor city to
This bill would require:that,aye by
the legislative
body of a city or count dart mguldea amateur radio station antenna
structures not Preclude amateur radio service communications.
muombamateur 1� shtion'o =tenon be�tod alloar
dimension suH9cient ghts and
comet om�and constitute a aawtetQ O
umcata lute the minimum Peactieable seine
a Jt is be ation to
the �IN P�1n "Cl or
enacting tcOunbis bill It would
�im
that it isthe intent of the - -
r
law io �gt�of rifled federal regulations my�OO bo��
ties.
7lie RWFls of the star.of Califmda do enmt ar follotw.
SECTION 1. Section 65850.3 is added to the(kvvanmeat Code,to
read:
658503.
county that�Adopted by as��body of a city or
titose structures to be erected at h:�aa aateans a6aU JOw'
accommodate �d and.dimensions sufcient to
not
pmchWe
radio commamicati accommodateCemmuniftSOE4 and shall corudUft
le dw
dmq le regulation to aPWPON. coompiiah tin city$ or count's
It is the intent of the Legislature in adding thin section to the
Govemmeat Code.to 'in state 1mw the provisions of Section 97.1 S
Of Title 47 of the Code of Federal Regulations. which expresses the
9s
I
ATTACHMENT 1 A
Ch. SO
Federal COmnlwgc2dOna COmmission's limited preemption of local
regulations Soveming amateur radio station facilities.
O
9S
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ATTACHMENT 2 A
,z
PROPOSED AMATEUR RADIO ANTENNA ORDD"CE
FOR THB CITY OF GRAND 7UMCB
(Revised 4-5-07)mv4
Secdo■1. Secdom IV2.6i•tl m gb IL7L0W dChapter IL72 are hereby added to Title
Igo the Zmft Code,of the Cky of Grand Tema Mnkipal Coda
1L72.010 ftrpose:
7%apuqxmofftpmtistommdmmxm&tmndio antesmis are dared sod in a wary►
did avoids hazosds to public health and sa ft while
reasonably a,000Ammdaft anate+v radio wm®unications.
1&72.0?A DW%midosm
A.Amatew radio autemm The term"ematem radio antenna"shall memo.my mtenns.inchding a
whip mtem s, which is used for the purposed of ftumnittiq and =riving radio signals in
conjmrCtioa with m mateur radio station licensed by the Federal Communication Commission.
B.Antenna Sbvctulm The term"=temma atrncture refer collectively to as antenna assay sad its
supporting roams or tower,if any.
C.Meet. The teem 05mast"shall mum a pole of wood or metal,or a tower Mdceted of metal,used
to rapport an smsteer radio&at=*sad mskntain it at the proper elevadion.
D.Winp Antenna. The teeth`whip mbmie shun mad as antenna consisting of a single,slender,
rod-Inn elema4 which is supported only at or now its base.
1L72.030 CondWomal use:
Amatmradio antenna.atruct m and masts which comply the tomin
in Section 18.72.040 of this Chapter ace permitted in allg districts.
1L72.040 Development staudardst
A.Permitted Hdgb t
1. The height of any antenna or the combined beighi of an antmas and antenna sbuctm shall
not exceed 35 feet above the natural grade of that portion of the site on which the a Rena
is installed. if m mtma is installed on the roof of the buildin<the height of the sntmna
shall be inclusive of the building heigbL
B.Number Permitted.
1. One amateur radio antenna sw=tws and one whip antenna shall be permitted on each
bWl&nd sits
I. 71W antenna dnrctare shall be]ocmd on the buildig site in a manner which will miaimiae
the accent eo which the shuehn is Able to nearby residestts cad ummbm ofthe gmad
public Anteaoa sttuetm m shall be considered to satisfy►this criteria if.
a No patiom of the mteaaa dnwtm including=teitaa=y,n,84 mchm cad gny
Imes is located wid m nay regained sedmc k mW adb. No pordan of the==A shuchue or moat is witbim the Aont 40 Pecat of that
porfm ofthe buMft Ob that abets a savat;cad
a In the evestt that the bail ft site chats twv or eaor+e stc+eab,the aatema aE ucture or
'oast is not located within the fiont 40 percent of the pardon of the bnift site
when primary ao m is provided to the property err within 20 !`et of nay outer
abattiutd street or public-right.of-way.
D.boa amd Maintenance
I. All anteaaa sbuchm shall be kmblled and maintained in compliance with applicable
building shmdx*100W n0 any rupremeo for bmlftg permits as deearmiaed by the
Director of Budding and SaSety/pablic Wort.
2. All Smimmum and their supporting sttuctmea shall be maintained is good mmUtion inchtding
rqmhdng whom
mcesuiry-
3. All gRoun&nwunted Wftm=cad their sapporfMg dmct ap shall be permaaeartly ftWWled.
B.Antema array.
1. 'The a Emu WV oon&tiag of the aatmaa boom and anterma elegy shall conform to the
following epecificatiom
a. No antema boom shall exceed twenty(20)feet in lmA cad no mtmu element
shall exceed thirty-two (32) fat is length. The dimdw of coy boom shill not
mceed throe(3)inches and the diameter of any antmaa element"cot exceed two
(2)incha;and
b. In no hm9anc a shall the weal a dmt of the aatemoa array(lea&of antenna boom
lima the length of the anm=elcuum)amad S%of dw aroa of the 1*0a site or
lot upon which the uU ma am will be located.
Secdom IL72.050 Appdcsdom for= a tmr ndie aneemaa stet ium
A.The application for an amateur radio a d=&sbucture shall be in the form of a
permit application and shall be accompanied by the following infonnadon:
1S
1. A letter of intact desuxi t Me request �fcaffrttbw P-MP 0',sntenaL
Z. Site plan dmwn to scale and dimeaaionad.showing they up d looatiost of the salamis
3. Mwuhcbmes s Pddcdkm of the a ==structuee.
4. DeWh of footings,guys ad bracer.
S. Details of aMaching or fixiag the,mama structure to the root if applicable.
6. Elevsdons drawn to scab and dime um so as to fully dasaibe the proposed struofta.
7. A stm meat indicating any mitigation measures proposed to mmi mite any adveraa M
of the sateoma or M*M structure. Such measas+as may iackWs scroening, POWIa&
increased setbacks Dom p mpasty iinas and safety devices.
S. 300-lbot radius map together with the mailing list of property owners within 300 feet and
tvM soh of mailing stickers.
B.Caries of the submitted information shall be n*nvd by the Community Development Director
to the City'e Building and Safety/hMe Works Depertmeat for issuance of a building permit if
requite --,
C. Tea fift fee for the conditional use penmt for as amateur smtmna structure shall be aquivaleat
to the fee for an administrative cond and use permit.
j Section 13.72.060 Issunce of permit:
A.in proeessiag the aubmittod applicaboo,the Com aunty Development Director shall notify,by
find-class mail,all those pruparty owners within a 300-foot radius of the:object Bite of the public
hearing for tea proposed amateur ant enaa structum
IB. IU City Planning Commission in considering the requested oanistn permit shall hold
a public hesrmg in oonform with Section w Section 18.83.040 oft�s Zonintt� g Coda
'
C. in grmting the requested OMiiii
the amateur sutennt muc nee, the City
Flaming Comnvssioo shall .
sod.alm that the proposed arnatar radio a amn complies with tits.davelopmaat standards of
Section 18.72.040 of this Chapter.
D.In pmft the sesdi`�p..,the Planning Commission may impose whatever conditions
are necessary to accomplish the purposes of this Chapter inchrdtng stricter fcqukwmd than time
of section 18.1Z.oao�i��� �
40 P" row
8atiom IWL070 APpenc
Appeab of the acticos of the Cammma uty Development Director or the Planmiog Comm miM ad*
case may be; rauft Am the imply of the Provisions of No Cbaptu abash be in
confonnswe with the eppaal peocedm m of Title 18 of the zoning Cods:
Sea"IL71M auts"Ar.
A.Ammim radio submas,aatemoa structures end maatie in Mutmw pia to the afttiv+e date of
caostructhuCbaptecmayconbmwtobeundwithoutcomply gw-nhtheptovieioneofgm
they wen legal► ted with the �p�P��
proper Lod use eotitlemmb and/or building permits. Said
I WI P v as and structures shall be considered legal nao-oomi6rmin�
D.Amateur ratio antemuM=tam shoot m and masts that are a legal nom-cauu6oning oats sbaD
I comply with the pevvidons of Section 18.72.040 to the wdM that they are capable of doing so
Iwwxnst mayor Scabons.
C. Existing aaaahm radio anten=4 mama st ructm end mum may be ml wS4 expended of
relocated onW if bmnght into coke with the povidons of this Chapter.
I
I
i
17
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Date: 01410 Time: lo-,q ca kt John Harper
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ATTACHMENT 3 A
.n
r
I. A letter of intent describing the request for the proposed antenna,
2. Site plea drawn to scale ad dimensioned, showing the proposed location of the antama
strue re.
3. s specifications of the antenna stricture.
4. Details of footings6 guys and braces.
5. Detail of attaching or fixing the antenna structure to the roof,if applicable.
6. Elevations drawn to scale and dimension so as to folly describe the proposed structu m
7. A etstommt indicating any mitigation memwa proposed to minimize nsyr adverse Ffiecb
Of the aateana or N*ma struchre. Such measures may include screenin& pa mft
increased setbsolcs from propercty lino and safety devices.
S. 300-foot radius map together with the mailing lid of propaRy owners within 300 fact and
two sets of mailing stickers.
H.Copies of the submitted information shall be ref red by the Community Development Director
to the City's Building and Safety/Public Worm Department for issuance of a building permit if
Section M72.060 Issuance of permth
A.In proceassing the sul mined application,the Conmaumty Development Director shall noft by
first class mail,all those property owners within a 3Wfoot radius ofthe subject site of the d
amateur aotenaa structure. bWJfRj
imaw 001*
I B.Ifthme are no objections tc the proposed amateur antenna smicw�Community Development
Ir Director shall approve the land use application provided the proposed structure complies 1th am
sMadm*as set forth by Section 18.83.040. VagjhAt*VA C4h00
I C.If there are objections to the proposed amateur antenna structua L Community Development
Director shall rvfet the proposed application to the pimming Commission for review and
Iconeaderatron.
ID.In granting the land use application for the amateur antenna structuure,the planning Commiwion
shall fend that the proposed amateur radio antenna complies with the development standards of
I Section 18.72.040 of this Chapter:
E.In grunting the had use application.the planning Commission may impose whstever 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 ncighborhood.
,o
AMATEUR("HAM") RADIO ANTENNA STRUCTURE ORDINANCE
(Revised March 11, 2008)
AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA,AMENDING
TITLE 18,THE GRAND TERRACE ZONING CODE BY ADDING CHAPTER 18.72,
THE AMATEUR("HAM") RADIO ANTENNA ORDINANCE (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-I," into California law; and
WHEREAS,in preparing the amateur,"HAM,"radio antenna ordinance the staff took into
consideration Assembly Bill 1228, cited above, as required by State law; and
WHEREAS,the Planning Commission has conducted three public workshops to discuss the
proposed amateur,"HAM,"radio ordinance on November 16,2006,July 19,2007 and October 18,
2007; and
WHEREAS,the proposed amateur,"HAM,"radio antenna ordinance proposes changes to
the City's Municipal Code, the matter must be heard by the Planning Commission which held a
public hearing on January 17,2008 under Zoning Amendment No.06-02 and recommended to the
City Council the adoption of the proposed ordinance on the same date; and
WHEREAS, the City Council on March 11, 2008 held a public hearing on the proposed
amateur, "HAM,"radio antenna ordinance; and
EXHIBIT 2
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 "HAM" 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"HAM" 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 "HAM" 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.
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 ANTENNA ORDINANCE
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 Definitions:
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.
2'1
B. Antenna Structure. The term"antenna structure"refers collectively to an
antenna array and its supporting mast or tower, if any.
C. "HAM." The term "HAM" is a commonly shorthand expression for
amateur radio operators and/or equipment.
D. 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
it at the proper elevation.
E. 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 18.72.040 of this Chapter are a
permitted use in all zoning districts.
18.72.040 Development standards:
A. Permitted Height.
1. The height of any antenna or the combined height of an antenna and
antenna structure shall not exceed 20 feet above the natural grade of
that portion of the site on which the antenna is installed. If an
antenna is installed on the roof of the building, the height of the
antenna shall be inclusive of the building height.
B. Number Permitted.
1. One amateur,"HAM,"radio antenna structure and one whip antenna
shall be permitted on each building site.
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
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 40
percent of the portion of the building site where primary
access is provided to the property or within 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.
E. Antenna array.
1. The antenna array consisting of the antenna boom and antenna
elements shall conform to the following specifications:
a. No antenna boom shall exceed twenty(20)feet in length,and
no antenna element shall exceed thirty-two(32)feet in length.
The diameter of any boom shall not exceed three (3) inches
and the diameter of any antenna element shall not exceed two
(2) inches; and
b. In no instance shall the area of the antenna array(length of
antenna boom times the length of the antenna element)exceed
5% of the area of the subject site or lot upon which the
antenna array will be located.
Section 18.72.050 Application for an amateur, "HAM," radio antenna
structure:
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
7Z
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.
3. Manufacturer's specifications of the antenna structure.
4. Details of footings, guys and braces.
5. Details of attaching or fixing the antenna structure to the roof, if
applicable.
6. Elevations drawn to scale and dimension 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 to the City's Building and Safety/Public Works
Department for issuance of a building permit if required.
Section 18.72.060 Issuance of permit:
A. In processing the submitted application, the Community Development
Director shall notify, by first-class mail, all those property owners within a
300-foot radius of the subject site of the proposed amateur,"HAM,"antenna
structure.
B. If there are no objections to the proposed amateur, "HAM," antenna
structure based upon health and safety concerns, the Community
Development Director shall approve the land use application provided the
proposed structure complies with the standards as set forth by Section
18.83.040.
C. If there are objections to the proposed amateur,"HAM,"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.
D. In granting the land use application for the amateur, "HAM," antenna
structure, the Planning Commission shall find that the proposed amateur,
"HAM,"radio antenna complies with the development standards of Section
18.72.040 of this Chapter.
E.In granting the land use application,the Planning Commission may impose
whatever conditions are necessary to accomplish the purposes of this Chapter
ems' 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 18.72.070 Reasonable Accommodation Hearing:
Any applicant may appeal the conditions imposed pursuant to this Chapter or
pursuant to Section 18.72.60E 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.
Section 18.72.080 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
18.72.040 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.
7S
on the 3 1"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
I I' of March, 2008 and finally adopted and ordered posted at a regular
meeting of said City Council on the 25`h of March , 2008.
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.
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 25`h of March, 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Brenda Mesa
Approved as to form:
City Attorney
John Harper
c:\MyfilesVOHN\HAM RADIO RD\Proposedordinance
�e
pmthl
AO
c1*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
Zoning Code 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: February 12, 2008
Public Hearings/Meetings: Planning Commission—Thursday,January 17, 2008 at 7:00 P.M.,
City Council—Tuesday, 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
c:\MyFiles\JOHN\HAMRADIORD\negativecelcarationZ-06-02
EXHIBIT 3
CITY OF GRAND TERRACE
COMMUNITY DEVELOPMENT DEPARTMENT
INITIAL STUDY/EN"RONMENTAL 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:
----___-- --CcmmuniW I2evelopmen D=%1 tmen City n£.CmandTerrace_ — --
22795 Barton Road
Grand Terrace,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 18.72 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 corner of City from the main portion of the
community.
1nitia1StudyZ-06-02.3.wpd-10/20/03 -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
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ TmnsportatiowTmffic
❑ 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.
❑ I 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 MPTIGATED 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.
❑ I 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.
initialStudyZ-06-02.3.wpd-10/20/03 -2_
29
❑ I 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.
signature Date
g=L.Koontz Community Deve9Qment Director
Printed Name Title
InirialSwdyZ-06-02.3.wpd-10/20J03 -3-
in
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.
-- ---- 4)-_ __"Negative Declaratiorr:Less-Than Significant With Motigstiorrirrcorpora�ed'� �-.
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,
and briefly explain how they reduce the effect to a less than significant level(mitigation
measures from Section XVH,or earlier analyses may be cross-referenced).
5) Earlier analyses may be used where,pursuant to the tiering,program EIR,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 are 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.
InitialStudyZ-06-02.3.wpd-10/20/03 4-
31
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:
in itialStudyZ-06-02.3.wpd-10/20/03 -5-
32
Les:Thai
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation impact Impact
I.AESTHETICS—Would the project:
a)Have a substantial adverse effect on a scenic ❑ ❑ ❑
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 ❑ ❑ ■ ❑
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 answar 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.
�a
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.
Finding: No Impact. No mitigation is required
InitialStudyZ-06-02.3.wpd-10/20/03 _6-
33
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
II.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, ❑ ❑ ❑ ■
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,of a W lli iauLSL on Act contract? --- - -- -
c)Involve other changes in the existing ❑ ❑ ❑
environment which,due to their location or
nature,could result in conversion of Farmland,
to non-agricultural use?
A brief explanation to answer H:
II 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.
II b)The proposed ordinance would not prohibit any of the proposed uses in the City's"Agricultural
Overlay"zone; therefore it will have no impact on existing zoning for agricultural uses. In addition,
there are no parcels in the City where the property owner has entered into a"Williamson Act"
contract.
II c)Amateur,"HAM,"radio antenna structures will be auxiliary uses primarily on residential parcels
which already have been converted to non-agricultural uses. These structures will not either directly
or indirectly result in the conversion of"Farmland"to non-agricultural uses.
Finding for H a-c:No Impact. No mitigation is required.
lnitia[StudyZ-06-02.3.wpd-10/20/03 -7-
1
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
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 implementation of ❑ ❑ ❑ ■
the applicable air quality plan?
b)Violate any air quality standard or contribute ❑ ❑ ❑ 0
substantially to an existing or projected air
quality violation?
c)Result in a cumulatively considerable net ❑ ❑ ❑ 0
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
- ----- standard(i 1>rdi ig re eleaa ing emissions w�ic --- - ------ ---
exceed quantitative thresholds for ozone
precursors)?
d)Expose sensitive receptors to substantial ❑ ❑ ❑
pollutant concentrations?
�J
e)Create objectionable odors affecting a ❑ ❑ ❑
substantial number of people?
lnitialStudyZ-06-02.3.wpd-10/20/03 -8-
35
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
A brief explanation to answer III:
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 grading
would be required,no odors associated with grading equipment would be generated.
Finding for III a-e:No Impact. No mitigation is required.
InitialStudyZ-06-02.3.wpd-10/20/03 -9-
'49
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
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
community identified in local or regional plans,
policies,regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
cf a-ve a subst-an- —acTerse efle-cTon fe-deiaily---❑ — ❑ ------- - ■
protected wetlands as defined by Section 404 of
the Clean Water Act(inchufing,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?
Initia1StudyZ-06-02.3.wpd-10/20/03 -10-
27
Less Than
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.
IV 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 r
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 Terrace.
Finding for IV a-f: No Impact. No mitigation is required.
MitialStudyZ-06-02.3.wpd-10/20J03 -11-
�o
Leas Than
Poteattaliy Significant with Less Than
Significant Mitigation Significant 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
§15064.5?
b)Cause a substantial adverse change in the ❑ ❑ ❑
■
significance of an archaeological resource
pursuant to§,15064.5?
c)Directly or indirectly destroy a unique ❑ ❑ ❑ ■
paleontological resource or site or unique
geologic feature?
d)Disturb any human remains,including those ❑ ❑ ❑ ■
interred outside of formal cemeteries?(There
are no cemeteries in Grand Terrace nor are
- -- - - ffiI a any Eown�iuman remains on the ---- -- ----
site.)
A brief explanation of answer V:
V a-c)As discussed in the Citys General Plan,the history' of the City,particularly the agricultural use
of the area,makes the possibility of finding archaeological and paleontological resource material
remote. The 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, "HAM,"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
of knowledge has not identified any likelihood of local settlement by native Californians." Therefore
it is highly unlikely that the lack of or very limited amount of ground disturbance to erect an amateur,
"HAM,"radio antenna structure would disturb any human remains.
Finding for V a-d: No Impact. No mitigation is required.
lnitialStudyZ-06-02.3.wpd-10/20/03 -12_
2Q
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
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 fault,as ❑ ❑ ❑ ■
delineated on the most recent Alquist-Molo
Earthquake Fault Zoning Map issued by the
--.^_—. State Geolo�tist 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 potentially result in on
or off-site landslide,lateral spreading,
subsidence,liquefaction or collapse?
d)Be located on expansive soil,as defined 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-0"2.3.wpd-10/20/03 -13-
nn
Less Than
Potentially Significant with Less Than
Signiflant Mitigation Significant No
Impact incerporadoa 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 li uefaction 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 a-e:No Impact. No mitigation is required.
lnitialStudyZ-06-02.3.wpd-10/10/03 -14-
41
Less Than
Potentially Significant with Less Thu
Significant Mitigation Significant No
Impact Incorporation Impact Impact
V 1.HAZARDS AND HAZARDOUS
MATERIALS—Would the project:
a)Create a significant hazard to the public or the ❑ ❑ ❑ ■
environment through the routine transport,use,
or disposal of hazardous materials?
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,
substances,or waste within one-quarter mile of
an existing or proposed—sc�I't—
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 r
hazard to the public or the environment?
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 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 structures to a significant ❑ ❑ ❑ ■
risk of loss,iajury or death involving wildland
fires,including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
initialStudyZ-06-02.3.wpd-10/20/03 -15-
n')
Less Than
Potentially Sipincant with Less Than
Significant Mitigation Sipfficant No
Impact Incorporation Impact Impact
A brief explanation of answer VII:
VII 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 involvingthe release of hazardous
materials in that hazardous materials will not be used. dous
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 Ten-ace and there are no public or
- . public use airports within two miles of the City of Grand Terrace. Therefore the adoption of the
i 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.
VIH-HYDROLOGY AND WATER QUALITY
—Would the project:
a)Violate any water quality standards or waste p O
discharge requirements?
lnitialStudyZ-06-02.3.wpd-10/20/03 _16-
43
Less Than
Potentially Significant with Less Thai
Significant Mitigation Signlficant No
Impact Incorpomdon 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 ❑ ❑ ❑
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 ❑ ❑ ❑ 0
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 ❑ ❑ ❑ 0
area as napped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h)Place within a 100-year flood hazard area ❑ ❑ ❑ N
structures which would impede or redirect flood
flows?
i)Expose people or structures to a significant ❑ ❑ ❑ 0
risk of loss,injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
j)Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ ■
tnitialSwdyz-06-02.3.wpd-10/20iO3 -17-
AA
Less Than
Potentially Stgniflcant with Less Than
Signincant Mitigation Sipffiant No
Impact Incorporation Impact Impact
A brief explanation of answer VIII:
VM 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.
VIH b) In that the proposed antenna structures will require no water in their operations,there will be
no"substantial adverse impacts"on groundwater supplies.
VM 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.
VM d)The relatively small size of the proposed uses and the lack of grading will insure that there will
be no increase in`runoff'water which would exceed the capacity of existing or planned stormwater
-- - .drainage systems.
VM 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.
1 VM 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.
VM 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.
VIU 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.
VM 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.
VM 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 j: No Impact. No mitigation is required.
InitialStudyZ-06-02.3.wpd-10/20/03 -1 g_
4S
Less Thai
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
IX.LAND USE AND PLANNING-Would the i
project:
a)Physically divide an established community? ❑ ❑ ❑ ■
b)Conflict with any applicable land use plan, ❑ ❑ ❑ ■
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?
-- - -yCom rucf-wi any app ca a i ❑ ❑ ❑ ■ --
conservation plan or natural community
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]mown ❑ ❑ ❑ ■
mineral resource that would be of value to the
region and the residents of the state?
lnitialStudyZ-06-02.3.wpd-10/20/03 -19-
AG
Less Thai
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
b)Result in the loss of availability of a locally- ❑ ❑ O ■
important mineral resource recovery site
delineated on a local general plan,specific plan
or other land use plan?
A brief explanation of answer X:
t
X a)There are no known mineral resources in the City of Grand Terrace. In addition,the relatively
small size of the proposed structures and the lack of grading would keep any loses to insignificant
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.
InitialStudyZ-0"2.3.wpd-10/20/03 _20-
n7
Las Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
M.NOISE—Would the project result in:
a)Exposure of persons to or generation of noise ❑ ❑ ❑
levels in excess of standards established in the
local general plan or noise ordinance,or
applicable standards of other agencies?
b)Exposure of persons to or generation of ❑ ❑ ❑
excessive groundbome vibration or groundbome
noise levels?
c)A substantial permanent increase in ambient ❑ ❑ ❑ 0
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 bas 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?
initialStudyZ-06-02.3 wpd-10/20/03 -21-
An
Less Than
PotentWly Signiflcsnt with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
A brief explanation 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.
1 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.
XI c)Amateur,"HAM,"radio antenna structures/equipment do not generate loud noises as noted
above. No"substantial'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
XI 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 p ❑
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 p 0 O 0
housing,necessitating the construction of
replacement housing elsewhere?
InitialStudyZ-0"2.3.wpd-10/20/03 _22_
49
Less Than
Potentially Significant with Less Thai
Significant Mitigation Significant No
Impact Incorporation Impact Impact
c)Displace substantial numbers of people, p p p
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.
FYnding for XII a-c:No Impact. No mitigation is required.
lnitialStudyZ-01r02.3.wpd-10/20/03 -23-
sn
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
X1II.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? ❑ ❑ ❑ ■
Parks? ❑ ❑
Other public facilities? ❑ ❑ ❑ ■
A brief explanation of answer XII:
XIII 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-06-02.3.wpd-10/20/03 _24-
51
Less Thu
Potentially Significant with Less Than
Significant Mitigation 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 X1V a-b:No Impact. No mitigation is required
XV.TRANSPORTAnONM AMC—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
---- --..- subst—antmi increase inet 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)?
InitialStudyZ-06-02.3.wpd-10/20/03 -25-
r�
Less Thai
Potentially Significant with Less Than
sipincant Mitigation Significant NO
Impact Incorporation Impact Impact
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 not generate any residential (dwelling units),commercial
or industrial development,it will not result in the exceeding"a level of service standard established by
the county congestion management agency for designated roads or highways."
XV c)As there are no airports in the City of Grand Terrace or the immediate vicinity and as the height
limit for the antenna structures is only 20 feet,there will be no`change in air traffic patterns."
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(dwelling units),commercial or _
industrial development. Therefore,no emergency access is proposed or needed.
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-g:No Impact. No mitigation is required.
XVI.UTILITIES AND SERVICE SYSTEMS—
Would the project:
a)Exceed wastewater treatment requirements of ❑ ❑ ❑ 0
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?
InitialStudyZ4"2.3.wpd-10/20/03 -26-
.53
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
d)Have sufficient water supplies available to ❑ ❑ ❑
serve the project from existing entitlements and
resources,or are new or expanded entitlements
needed?
e)Result in a determination by the wastewater ❑ ❑ ❑
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 ❑ ❑ ❑
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?
Initia]StudyZ-0Cr02.3.wpd-10/20/03 -27-
54
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
A brief explanation 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.
lnitialStudyZ-06-02.3.wpd-10/20/03 -28_
SS
Less Than
Potentially Significant with Less Than
Significant Mitigation Signincaut No
Impact Incorporation Impact Impact
XVIL MANDATORY FINDINGS OF
SIGNIFICANCE—
a)Does the project have the potential to degrade ❑ ❑ ❑ 0
the quality of the environment,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 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?
b)Does the project have impacts that are ❑ ❑ ❑ ■
individually limited,but cumulatively
considerable?("Gumnilatively
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 ❑ ❑ ❑
which will cause substantial adverse effects on
human beings,either directly or indirectly?
Initia1StudyZ4*-02.3.wpd-10/20/03 -29-
GG
Less Than
Potentially Significant with Lest Than
Significant Mitigation Significant 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
XVH 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 quite limited in the community. 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 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
"substantial adverse effect on human beings,either directly or indirectly."
Finding:No Impact. No mitigation is required
InitialStudyZ-06-02.3.wpd-10/20/03 -30-
57
Leonard J Shaffer, Esq. c-mail fraudexperbgearthlink.net
Office (818) 343-7721 P.O. Box 570936
Fax (818)9WI527 Tarzana, CA 91357
February 11, 2008
Thomas Schwab
City manager
City of Grand Terrace
22795 Barton Rd
Grand Terrace, CA 9.2313
Dear 1dr. Schwab:
Ire: Proposed ordinance adding Chapter 18.72 consisting of Sections 18.72.010
through 18.72.080 to Title 18 or the Zoning Code of the City of Grand
Terrace.
1 am a volunteer attorney with the American Radio belay League(ARRL) who
sometimes advises"or represents amateur radio operators in matters involving zoning
regulations affecting antennas and antenna structures. I realize that we are a late arrival
at the table,however it was just within the past week that we became aware of your
proposed ordinance. I have reviewed the proposed ordinance noted above and would like
to comment on a few of its provisions. First,thank you for the adequate definitions that
allow those reading the proposed ordinance to understand exactly what it is you are trying
to regulate. That being said,I must inform you the ordinance does not conform to
established Fedcral law or the more recent State law.
Section 18.72.040 A 1 sets an absolute height limit on antennas and antenna structures.
Both the FCC and the Federal courts have stated that absolute height limits are contrary
to the limited Federal preemption originally set out in FCC Order PRB-1, 101 FCC 2d
952, 50 Fed.Reg. 38913 (September 25, 1985) commonly referred to as PRB-I.
Regarding amateur service generally and antennas in particular,PR.8-1 states as follows:
24. _. bere is. . .a strong federal interest in promoting amateur
communications.
25.Because amateur station communications are only as effective as the antennas
employed, antenna height restrictions directly affect the effectiveness of amateur
communic4ons. Some amateur antenna configurations require more substantial
installations than others i.F they are to provide the amateur operator with the
communications that he;she desires to engage in. For example:,an antenna array
1
ATTACHMENT 1
�Q
p.3
for international amateur communications will differ from an antenna used to
contact other amateur operators at shorter distances.
47 CFR§97,1*)specifically
See.97.15 Station antenna structures.
(a)Owners of certain antenna structures more than 60.96 meters(200 feet) above
ground level at the site or located near or at a public use airport must notif%,the
Federal Aviation Administration and register with the Commission as required by
part 17 of this chapter.
(b)Except as otherwise provided herein,a station antenna structure may be
erected at heights and dimensions sufficient to accomnwdate amateur service
communications. (State and local regulation of a station antenna structure must
not preclude amateur ser,7ce communications.Rather,it must reasonably
accommodate such communications and must constitute the minimum practicable
regulation to accomplish the state or local authority's legitimate purpose."
In reaffirming and clarifying its;arlier ruling the FCC stated in FCC 99-2569 as follows:
"7, . . . PRB-) decision precisely stated the principle of"reasonable
accommodation". In PR.B-1, the CoMMISsion stated: "Nevertheless,local
regulations which involve placement,screening,or height of antennas based on
�J health,safety,or aesthetic considerations must be crafted to accommodate
reasonably amateur communications,and to represent the minimum practicable
regulation to accomplish the local authoritys legitimate purpose." Given this
express Commission language,it Is char that a "balancing of interests"
Approach is not appropriate in this context.
. .9. . . - (W]e believe that PRB-l's guidelines brings to a local zoning board's
awareness that the very least regulation necessary for the welfare of the
community must be the all.of its regulations so that such regulations will not
impinge on the needs of amateur operators to engage in amateur
communications."
The United States Congress has indicated its support of amateur radio and affirmed the
limited Federal preemption as follox3:
Public Law 103-409 Q.Res., 103d Congress, 1994)
"Congress finds and declares that-
(3)reasonable accommodation should be made for the effective operation of
amateur radio from residentc%private vehicles and public areas,and that
2
59
p.4
regulation at all levels of government should facilitate and encourage amateur
radio operation as a publi':benefit."
Many Federal cases have supported the FCC's ability to formulate regulations regarding
amateur radio antennas and their support structures and have upheld the limited Federal
preemption in this area.
Butchis v. City of EdmomO. WX 671 F. Supp. 1270(W.D. WA 1987
Operator applied for retractable tower(21.5 t0 70 foot). Summary judgment in
favor of the ham,finding ordinance(CUP required for>251 as applied did not
provide for reasonable accommodation
Bodony v. Sands Port, AT,, 691 F. Supp. 1009(E.D.NY 1987
Ordinance with 25'height limit.Tower. 86'. Summary•judgmem fbr ham; settled
with permit granted and S60,000 in legal fees to ham on §1983 claim because
town was saeking ways to deny his rights.
I= v. RN&r Edge, NJ, 343 F.2d 765 (3d Cir. 1988)
Upholds preemptive effect ofPRB-1 on 35'height limitation. "The effectiveness
of radio communication depends on the height or antennas."At 768.Holds that
Court need not abstain.River Edge paid legal fees of S 10.000 to Izzo,aftm
conversations with the District Court Judge in chambers.
Palmer v. City of Saratoga Springs, IVY, 190 F. Supp.2d 379(N.D_N.Y.2001)
Absolute height limit of 20' in ordinance preempted."(A)n unvarying height
restriction on amateur radio antennas would be facially invalid in light of PRB-1
Section 18.72.050 A 6 and 8 may impose unreasonable burdens on the amateer app'.yqng,
for the required land use applicarion. ften these two items are considered together,the
costs maybe excessive in relation to the project proposed. The FCC, in response to as
ARRL petition for reconsideration of certain aspects of PRB-1 (RV 8763 (2000), on
Petition of the ARRL and Barry zorodetzer)further stated%th regm-d.s to fees that are or
may be imposed by municipalities for land use applications
`�0. . . . The ARRL's second request in its Petition concerns imposition of
excessive costs for,or the inclusion of burdensome conditions in,permits or
variances needed prior to installation of an outdoor antennet As it did in its
petition for rule making,ARRL requests a ruling from the Commission that
imposition of unreasonable or excessive costs levied by a municipality for a land
use permit,or unreasonable costs to fulfill conditions appended to such permit,
violates PRB-1. In our Order,we concluded that the current standards in PR&1
of reasonable accornmodadon and minimum practicable regulation are
an
: mu I ,Vw VV.-T-r 6w 1a1N J. vndIIM 0101VbV1IW/ P,o
sufficiently specific to cover any concerns related to unreasonable fees or onerous
conditions. With these guidelines in place,an smateur operator may apprise a
zoning authority that a permit fee Is too high,and therefore unreasonable,or
that a condition is more than minimum regulation,and,therefore,
impracticable to comply with". It would seem more reasable that notice to the
adjacent land owners would serve the legitimate purposes of the City regarding
notice."
Section I8.7'5.060 C &D mandates a review of the application by the Planning
Commission if there are objections based upon health and safety concerns. The Planning
Commission is required to make finding in accordance with Section 19.72.040 of the
Municipal Code. Section 18.72.040 imposes a test that balances the needs or desires of
the neighbors against the needs o:the applicant. The FCC and the case decisions have
made it clear that the use of a bal=cing test is improper. In its 1485 decision (PRB-1)
the FCC stated
"25. Because amateur station communications are only as effective as the
antennas employed,antenna height restrictions directly affect the effectiveness of
amateur communications.Some amateur antenna configuration require more
substantial installations than others if they are to provide the amateur opentior
with the communications that helshe desires to engage in. For example,an
antenna array for international amateur communicarions will differ from an
antenna used to contact other amateur operators at shorter distances. We will not,
however,specify any particular height limitation below which a local government
may not regulate,nor will we suggest the precise language that must be contained
in local ordinances,such as mechanisms for special exceptions,variances,or
conditional use permits.Nevertheless,local regulations which involve placement,
screening,or height of antennas based on health,safety,or aesthetic
considerations must be crafted to accommodate reasonably amateur
conununications,and to represent the minimum practicable regulation to
accomplish the local authority's legitimate purpose,
In its 2000 decision regarding PRB-1 the Commission reaffi.ftned its stand that the
decsions should be based on the needs of the amateur. In its ruling the FCC stated
"8. We take this opportunity to amplify upon the meaning of'reasonable
accommodation'of amateur communications in the context of local land use and
zoning regulations. The Commission adopted a limited preemption policy for
amateur communications occause there is a strong federal interest in promoting
atuateur communications. We do not believe that a zoning regulation that
provides extreme or excessive prohibition of amateur communications could be
deemed to be a reasonably accommodation.For example,we believe that a
regulation that would restrict amateur communications using small dish antennas,
antennas that do not present any safety or health hazard,or antennas that are
similar to those normally permitted for viewing television,zither locally or by
satellite, is not a reasonaEie accommodation or the minimum practicable
4
61
rou i i-uo w:w i p Lwnero A %inwmr 818-98.1627 p,8
i
regulation. On the other hand,we recognize that a local community that wants to
preserve residential areas a.s livable neighborhoods may adopt zoning regulations `
that focbid the construction and installation in a residential neighborhood of the
type of antenna that is commonly and universally associated with those that one
finds in a factory area nr an industrialized complex.Although such a regulation
could constrain amateur communications,we do not view it as failing to provide
reasonable accommodation to amateur communications."
]n the same way that restrictive height regulations are not in keeping with PRB-1,the
restriction on the actual size of the antenna,as imposed by Section 18.72.050 E 1 b is
improper. Assuming an amateur in your city lives on a typical residential lot of 7000
square feet,the smallest practical tri-band beam antenna would exceed the 5%lot size
restriction. Limiting the size in this manner as opposed to considering the needs of the
amateur for effective communication is not what the FCC meant by"reasonable
accommodation"and would effectively disallow communication on those frequencies
used by amateurs for world wide communications.
While the preamble to the ordinance acknowledges the existence of California
Government Code Section 65950.3 it does not even attempt to recogni=the true meanin;of
that statute. -na statute,by its very, language does not merely recognize the existence of PRB-I,
it is s separate and distinct mundane to the cities and counties of Calirornia when regulating
antennas and antenna support smecturm,that they"shall allow those structures to be erected at
heights and dimensions sufficient w accommodate amateur radio service communications"and
further that they"shall reasonably accommodate amateur radio service communications".
Further,any restrictions the local governmental entities choose to impose"shall constitute the
minimum practicable regulation to accomplish the eity's or Bounty's legitimate purpose." it is
clear from the language recognizing PRB-1 and its limited preemption,that the Federal cases
cited would.if not controlling,would at least be very compelling when interpreting this
California law.
Based on the forgoing,we believe the City should noc pass the ordinance in its pre..sent
form but should consider these continents and make reasonable efforts to conform to
PRB-1,Government Code Section 65850.3 and the many Federal uses which have decided
these issues. There are members of the ARRL who ate more than willing to work with the Ot}
of Grand Terrace to accomplish its legitimate goals while still allowing for reasonable
accommodation of amateur radio operation.
Sin
rn�ett+d J: r
5
LAW OFFICES OF
HARPER & BURNS LLP
A LIMITED L1A91LTTY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
453 S.GLASSELL STREET
JOHN R.HARPER* ORANGE,CALIFORNIA 92866 RIVERSIDE/SAN BERN.ARDINO Co.
ALAN R.BURNS
COLIN R.BURNS (951)674-0698
(714) 771-7728
OF COUNSEL FAX(714)744-3350
JUDI A.CURTIN•
MICHAEL MONTGOMERY'
THOMAS W.ALLEN
'A PROFESSIONAL CORPORATION
February 27, 2008
Members of the City Council
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92324
Re: Draft Amateur("HAM") Radio Antenna Regulations
Members of the City Council:
As you are aware, there was proposed for your consideration a draft Amateur ("HAM") Radio
Ordinance(the"Ordinance") at your meeting of February 12, 2008. The draft Ordinance set forth
1 certain regulations with regard to Antenna height and location and related procedures for
imposition.
Consideration of the Ordinance was continued to the City Council meeting of March 11, 2008
based upon the receipt by fax of correspondence from attorney Leonard Shaffer providing
comments on certain provisions of the Ordinance. The purpose of the continuance was to allow
staff to analyze those comments and to propose any appropriate modifications.
In its original of enactment 50 Fed. Reg. 38813 (1985), herein referred to as PRB-1, the FCC
imposed a limited but not complete preemption of zoning regulations applicable to "HAM"radio
operation. As set forth in Evans v. Board of County Commissioners 994 F.2d. 775 (1993):
"The FCC labeled PRB-1 as a 'limited preemption policy', and specifically stated it would not
specify any height limitation, but clarified that local authorities may not preclude amateur
communications. Because the FCC explicitly declined to regulate the height of radio antenna
towers, such regulation rests with the local zoning authorities provided they reasonably provide
amateur communications with the minimum practicable regulation necessary to accomplish their
purposes. "
Members of the City Council
City of Grand Terrace
February 27, 2008
A TT A !'11r1rA/fTXTT IN
63
Page Two
In that case, the Plaintiff owned a home located on a 1.2 acre tract zoned residential'with a view '
of the nearby Rocky Mountains. The County's denial of a special use permit for a 100 foot
antenna, in excess of the County's 35 foot limitation, following hearing, was upheld based upon
the County utilizing the minimum practicable regulation in addressing the proposal.
In Williams v. City of Columbia 906 F.2d. 994 (1990) the Court upheld the denial of a permit for
an antenna that would have been 28 feet high when retracted and 55-65 feet high when fully
extended. The City's zoning ordinance required that anyone wishing to erect an antenna over 17
feet must apply for a special exception to the zoning ordinance. The Court quoted from
paragraph 22 of PRB-1 as follows:
"A few matters coming before us present such a clear dichotomy of viewpoint as does the
instant issue. The cities, counties, local communities and housing associations see an obligation
to all of their citizens and try to address their concerns. This is accomplished through
regulations, ordinances or covenants oriented toward the health, safety and general welfare of
those who they regulate. At the opposite pole are the individual amateur operators and their
support groups who are troubled by the local regulations which may prohibit the use of amateur
stations or, in some instances, totally preclude amateur communications. . . . In this situation, we
believe it is appropriate to strike a balance between the federal interest in promoting amateur
operations and the legitimate interests of local governments in regulating local zoning matters.
The cornerstone on which we will predicate our decision is that a reasonable accommodation '
may be made between the two sides."
Further,paragraph 25,PRB-1,provides:
"We will not, however, sped any particular height limitation, below which a local government
may not regulate, nor will we suggest the precise language that must be contained in the local
ordinances, such as mechanisms for special exceptions, variances, or conditional use permits.
Nevertheless, local regulations which involve placement, screening or height of antennas based
on health, safety, or aesthetic considerations must be crafted to accommodate reasonably
amateur communications, and to represent the minimum practicable regulation to accomplish
the local authority's legitimate purpose."
In discussing the Plaintiff s application,the Court stated:
"However, since Williams'whole case centers on the proposition that he is entitled to a special
exemption merely because he needs it, the ZBA must be able to consider his specific needs and
the way in which he would use his antenna. This is particularly true in light of the ZBA's 'duty of
striking a balance between the Federal interest in promoting amateur operations and the
Members of the City Council
City of Grand Terrace
February 27,2008
Page Three
LA
legitimate interest of local governments in regulating local matters'. " Bodony v. Sandspointe,
New York 681 F.Supp. 1009(1987) at 1013."
Mr. Shaffer cites several cases interpreting PRB-I, three of which were decided prior to the
above referenced cases. In Palmer v. City of Saratoga Springs, 180 F.Supp.2d 379 (2001), an
absolute height limit of 20 feet was preempted because there was no provision for the City to
approve an antenna exceeding the height limitation based upon the specific circumstances.
1
In 2003, the California Legislature adopted Government Code Section 65850.3, which
incorporates the language of PRB-1 and its limited preemption. There have been no cases
subsequent to the 2003 enactment interpreting either California Statute or PRB-I.
PRB-1 and each of the cases cited turn on essentially one issue. Any ordinance which establishes
regulations on amateur radio operations must provide a mechanism by which, based upon a
factual hearing, the governing body may determine that the conditions imposed on an application
with regard to of the maximum height limitations, or other regulations, have reasonably
accommodated the use and impose the minimum practicable regulation.
Based upon the foregoing, Section 18.72.070 has been modified to provide such a hearing upon a
request of an applicant.
Very truly yours,
HARPER&BURN LLP
John R. Harper, City Attorney
65
Finance Department
C1Tr .
G-RAND TERR C
Staff Report
t �
CRA ITEM( COUNCIL ITEM(X) MEETING DATE: March H, 2008
AGENDA ITEM
SUBJECT: SELECT BUDGET HEARING DATES
FOR FY 2008—2009 PRELIMINARY BUDGET
FUNDING REQUIRED
NO FUNDING REQUIRED XX
r DISCUSSION:
The City Council must select a date for the budget hearing on preliminary
departmental budget requests. The FY08-09 Budget Calendar is attached.
RECOMMENDATION:
That the City Council select a date for public meeting to consider the
FY08-09 Preliminary Budget. Recommended dates are between May 5
and June 3, 2008.
COUNCIL AGENDA ITEM NO. ��
G
DATE: January 15, 2008
To: City Manager, Council Members, Department Directors,
and City Staff
From: Larry Ronnow, Finance Director
RE: Budget Calendar - FY2008-2009
January 28, 2008 Budget Worksheet Forms
Excel spreadsheets indicating FY04-05, 05-06 and 06-07
actual expenditures by account, FY07-08 original and
adjusted budgets and year to date actual, a blank column to
be filled in for FY08-09 department requests, and a
column for city manager recommendations..
January 28 Current Fiscal Year-To-Date Actual Expenditure r�
Summary Reports Through December, 2007 (6 months) }
Distributed. (Due to volume of paper involved, Detail
Reports will be produced on request.)
Printout of current fiscal year activity is distributed
for analysis and comparison purposes.
February 25 Completed Budget Worksheet Forms are Returned to
Finance Director.
Expenditure totals are compiled and consolidated, revenues
are estimated and fund balances determined for 1 st draft of
FY2008-2009 Budget.
March 10 - 13 1st Budget Draft Review by City Manager
March 11 Council sets Budget Hearing Date(s)
Council sets date(s) for public meeting(s) to consider FY
2008-2009 Budget. Recommended dates are between
May 5 —June 3, 2008.
March 17- 21 City Manager- Department Head Budget Meetings
City Manager and Finance Director Meet with Department
Directors to discuss budget requests.
Page 2
FY 2008-2009
Budget Calendar Dates
March 24 to Preparation of Preliminary Budget
April 18 Budget Worksheets are returned to Finance Department
with recommended changes/corrections. FY 2008-2009
Preliminary Budget is completed and printed.
April 22 FY 2008-2009 Preliminary Budget Document Made
Available
May 5 to FY 2008-2009 Budget Hearings
June 3 Council conducts public hearings and budget review on
(TBA) date(s) to be arranged.
June 10, 2008 Adoption of FY 2008-2009 City and CRA Budgets
(target date)
3