Loading...
HomeMy WebLinkAbout0850-72_Baseline Avenue/Almeria Avenue - Sewer Project_11.5City of Fontana CALIFORNIA November 18, 1992 EXCERPT OF THE UNOFFICIAL AND NOT YET APPROVED MINUTES OF THE NOVEMBER 17, 1992 REGULAR FONTANA CITY COUNCIL MEETING: "Motion made by Council Member Abernathy, seconded by Council Member Eshleman to: (1) City Council to conduct a hearing to consider the adoption of a resolution of necessity. (2) Adopt a mitigated Negative Declaration and California Fish and Game De Minimis Impact Finding and direct staff to file the Notice of Determination and Certificate of Fee Exemption for a proposed project which includes the acquisition of a sewer easement on Almeria Avenue between Baseline Road and Walnut Street and for construction of a sewer on Baseline Road from Beech Avenue to Almeria Avenue and north on Almeria Avenue to Walnut Street. (North Fontana) (3) Adopt Resolution No. 153, declaring that the acquisition of an easement within certain real property (Tract No. 12314) by eminent domain is necessary for construction of underground sanitary sewer line facilities (Baseline/Almeria Sewer Project). Motion carried by a vote of 4-0. AYES: Mayor Boyles, Council Members Abernathy, Eshleman, Freeman NOES: None ABSENT: Council Member Murray" LSN:vm Linda S. Nunn, CMC Deputy City Clerk 8353 SIERRA AVENUE (P.O. 80X 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600 SISTER CITY - KAMLOOPS, B.C. CANADA AGENDA ITEM .1 3 B( 1 1 3 CITY COUNCIL ACTION REPORT NOVEMBER 17. 199Z NEW BUSINESS Meeting Date Agenda Placement TO: Mayor and Council Members FROM: Community Development Department SUBJECT: Baseline Road/Almeria Avenue Sewer Project - North Fontana RECOMMENDATION: 1. CITY COUNCIL TO CONDUCT A HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY. 2. MOTION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND CALIFORNIA FISH AND GAME DE MINIMIS IMPACT . FINDING AND DIRECT STAFF TO FILE THE NOTICE OF DETERMINATION AND CERTIFICATE OF FEE EXEMPTION FOR A PROPOSED PROJECT WHICH INCLUDES THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE BETWEEN BASELINE ROAD AND WALNUT STREET AND FOR CONSTRUCTION OF A SEWER ON BASELINE ROAD FROM BEECH AVENUE TO ALMERIA AVENUE AND NORTH ON ALMERIA AVENUE TO WALNUT STREET. (NORTH FONTANA) 3. MOTION TO ADOPT RESOLUTION NO. 92- , DECLARING THAT THE ACQUISITION OF AN EASEMENT WITHIN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMESEWER PROJECT). Funding BUDGET IMPACT: (_I No IXX es Source: I_I General Budget IXX! SEWER Fund Budget I_I Bond Proceeds (_I Developer. Deposits` Funds in the amount of $913,386 for the Baseline/Almeria Sewer Project are budgeted in the Fiscal Year 92/93 Budget under Sewer Fund Account No. 071-7243- 4300. ENVIRONMENTAL IMPACT: IXXI No ID Yes The construction of public facilities and acquisition of property are referenced in the Environmental Impact Report (EIR) t -210. 1982 by the City Council and the Redevelopment AgimicAlb0.1144bWrrontans Redevelopment Plan. Staff has, therefore, prepared an Initial Environmental Study and a Mitigated Negative Declaration for this Project in accordance with the California Environmental Quality Act (CEQA)(Page 6). P 2 • BACKGROUND: In June .1992" evelwent. Agency_ commenced. construct f o17 of the :1'acal `Sewer systems wi:th1i . tg1Tar haven area of North Fontana.. rn.-order for the sewm. system to be lURet onal within the Highland Haven area upon, tts conplettorr (estimated aroundDecember:-1992h ar sewer master trunk line on Baseline;: Read from Beech Avenue to Almeria Avenue and a. sewer line. on: Almeria. Avenue fr&in Baseline Road, to Walnut. Street must be constructed. Thelocation of the easement runs through Tract #1214 owned by Presley Development (see location map, Page 18). In December 1990, when Tract 12314 was recorded, it was anticipated that the Presley Company would construct the Baseline and the Almeria sewer lines as part of development of their Tract 12314 in the Rancho Fontana Specific Plan of North Fontana (see attached map, Page 28). Presley was going to construct the sewer line as it is encompassed within the limits of their proposed development and becauskIkt coeStilit99,„kAf a rov.al,SK: bec v�, re i eresle to, dedicate to the cfttt K a erne s, ° h`owever°, Sub �ctt'a' i r anent- - Therefore, the necessary easement was originally contemplated as part of the Tract Map. Staff was advi sed bit, Presley- _that they have nO plant to'pr cee4ith. dev.l:opme of Tract.12314;' is -the foreseeable future. Irt' antfctpatfbn that Presley was not going to:mav forward f .theif elp t4 tew letion of the H'fghlind`. H�tv Sewer, tl� ' G`1. bt ��t �n' to 992- 'Sewer Improvement Fund-to-fnstali botf the Basel and=thikATmer a.Avenue sewer liner. ;�. •� ..�..- . ,.. ..�{.... ..._. Subsequently, on September 2, 1992, Presley was formally requested to grant the necessary sewer easement within Tract_l2314 to the City (Page 29). Ow_September 7,_ 1992,.._Presley,verbatitadui{s #� then City-tha .,threy;arr.,riQ preparect4 grant the needed'"sewer easement. " �' __ In light of Presley's unwillingness todedicate :the easement within Tract 12314 and in order for the City to proceed with conitrualtow of,. the v.Basetine/A1mejia Sewer Project- and°•provtd• the necfs,saryr.l.inl:to the Highland Haven area in a timely manner, sta reteMiendi:tht`adOpt1`om of a Resolution of Necessity (Pages 30 - 37). The Reidluirhmv es the. intent : of the Cityto acquire through eminent domain proceedings easement for the constructlor °flower improvements: on Almeria Av f 3 Y Tf "' ealt and` italnot-Street,.(7"ract,12314).. The property frofe erg i s 'i: be acquired'' for this Project is owned by Presley of- ..... .:_.: Ci ta. HEARING AND REQUIRED FINDINGS The action under consideration affects property owned by Presley of Southern California (Tract 12314). The appropriate Notice was sent to the property owner on October 27, 1992 in accordance with Section 1245.235 of the California Code of Civil Procedures (Page 38). Although this matter is not a formal public hearing, the= a >oWner(s}, thelitt, , ptative are„anti tl ed to appear.:, and .fie hea a . following issues: .:.d ., �N... 1. Whether', thw pu!#1 is . interests and necessity regal's =tl 1proposad 2. Whether the proposed,Project.isapaaarred"do l:oeated` ,ta manner which will be most compatible with the greatest public good and least private injury; 3. Whether the property. sought to be. acquire& Is -necessary for the proposed-Preject; and 4. Whether the required offer_ to. :.purchase ..the . easement_was made, to the owner of record. The "Analysis and Justification" portion of this report will address each of the finding which are required for adoption of the Resolution of Necessity. ANALYSIS AND JUSTIFICATION: (1) THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT: This Project will provide a 21 inch sewer trunk line` on: Baseline Road from! Beech Avenue om:the, westtoaMmevia=.Avenue on-Ahe•eastz.-Andiliao 144310Llawegatne o1e Almeria Avenue from, .8 re litelid o ' tArsinth .fA► [oQ R the nefrth ."' The construction of' the Baseline/Almeria sewer Project is required in order to provide sewer service to the North Fontana area (which includes the Highland Haven area) ultimately serving 5,100 dwelling units and 800 acres of future commercial property. Without this Project, development in North Fontana cannot take place and the sewer system, currently nearing completion in Highland Haven, will not be functional, resulting in adverse impacts to the health and quality of life of persons residing in the affected area. Construction of the Almeria Avenuesewer linfr*A r--'4 r►e4stent with the recorded Tract Map 12314;, street- al i gnm nit. forte Alapsw4awAvenuev: tsc the most efficient and econoaicad:mteasef prowl dir seww ssrvic too°the affected areas. The- public interest and necessity require the proposed Project. (2) THE PROPOSED PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY: The easement ---are r: f'wcaa��t:Ther.a rdtl�R.. bey ridgy:dis+plac of persons. and/or property as a resultt`Of!tlfe acquisition. The easement area is also located within property identified as dedicated public right-of-way, however, subject to improvement. The Project as designed meets the requirements for the proposed future improvement of recorded Tract 12314, and other areas to the north. An alternative to constructing the master line within the Almeria Avenue alignment was considered as follows: • Use Citrus Avenue as alignment for the master line. Then upsize the master line on Baseline Road to the same size (21 inch diameter) as Citrus; then use it as the master segment constructed on Los Cedros Avenue in the Highland Haven area (see map, Page 46). This option was not pursued because it would have required a force main and pump station at the south west corner of the Highland Haven area for pumping sewer flows to Citrus Avenue (Citrus Avenue connection point is approximately 29 feet higher). These costs were estimated at $120,000, plus maintenance and operation costs. Staff, therefore, determined this alternative uneconomical because it exceeded the City's 1992/93 budget as approved by the City Council. Therefore, the Project has been planned and located in the manner that will be most, compatible with the greatest public good and the least private injury. (3) THE PROPERTY SOUGHT TO BE. ACQUIRED IS NECESSARY FOR -THE PROPOSED PROJECT: The easement is necessary for the orderly development of Tract 12314, and other areas to the north and as specifically outlined in (1) above. The current sewer/easement alignment was approved as part of Tract Map 12314, recorded on December 10, 1990. The easement is necessary for the proposed Project. ArithatItWeasement, it would not be feasible to construct the Almeria Avenue sewer line. (4) OFFER OF" JUST OMPENSAT OM NO REQUIRED: Pursuant to Government Code Section 7267, in pursuing the acquisition of any easement, or other nonpossessory interest. inreai.. property for purposes of constructing underground sewers, their C.i:t :pis ,.rtt;cee appra-t se thy - subject property;.: nor establish:- justto satfors:orsubat[t:a perchaseoffer- to the owner;- pries=teradeptio At" a...Rasohutionl of Necessltsk=an ilere of_.. just compensatfow has not been made. ALTERNATIVES: In considering this matter, the City Council has several alternatives: 1. a. City Council to conduct a hearing to consider the adoption of a Resolution of Necessity. b. Motion to adopt the Mitigated Negative Declaration and California Fish and Game De Minimis Impact Finding and direct staff to file the Notice of Determination and Certificate of Fee Exemption for a proposed Project which includes the acquisition of a sewer easement on Almeria Avenue between Baseline Road and Walnut Street and for construction of a sewer on Baseline Road from Beech Avenue to Almeria Avenue and north on Almeria Avenue to Walnut Street. (Staff Recommendation) c. Motion to adopt Resolution No. 92- , declaring that the acquisition of an easement within certain real property (Tract No. 12314) by eminent domain is necessary for construction of underground sanitary sewer line facilities for the Baseline/Almeria Sewer Project. (Staff Recommendation) 2. Not adopt the above motion and direct staff to process easement at time of public improvements. 3. Refer this matter back to staff for further. consideration. ATTACHMENTS: Page 6 - Mitigated Negative Declaration and Initial Study Page 18 - Area map showing properties and easement in relation to the Project Page 29 - Letter to Presley Requesting Sewer Easement Page 30 - Resolution of Necessity Page 38 - Notice of Hearing to Property Owner and Proof of Mailing Page 46 - Area map - alternative sewer line Citrus Avenue SUBM 1431 B : REVIEWED BY: / Greg H - e' ar so/ ' - / y . Corey Communit Developme t Steve Dei ch 'it Manager 'Director City Attorney RECOMMENDED BY: GD:GVO:cz AGENDA ITEM CITY COUNCIL ACTION REPORT NOVEMBER 17, 1992 NEW BUSINESS Meeting Date Agenda Placement TO: Mayor and Council Members FROM: Community Development Department SUBJECT: Baseline Road/Almeria Avenue Sewer Project - North Fontana RECOMMENDATION: 1. MOTION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND CALIFORNIA FISH AND GAME DE MINIMIS. IMPACT FINDING AND DIRECT STAFF TO FILE THE NOTICE OF DETERMINATION AND CERTIFICATE OF FEE EXEMPTION FOR A PROPOSED PROJECT WHICH INCLUDES THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE BETWEEN BASELINE ROAD AND WALNUT STREET AND FOR CONSTRUCTION OF A SEWER ON BASELINE ROAD FROM BEECH AVENUE TO ALMERIA AVENUE AND NORTH ON ALMERIA AVENUE TO WALNUT STREET. (NORTH FONTANA) 2, MOTION FOR THE CITY COUNCIL TO OPEN A HEARING TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY. 3. MOTION TO ADOPT RESOLUTION NO. 92- , DECLARING THAT THE ACQUISITION OF AN EASEMENT WITHIN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA SEWER PROJECT). Funding BUDGET IMPACT: I_I No IXXI Yes Source: I_1 General Budget IXXI. SEWER Fund Budget I_I Bond Proceeds (_I Developer Deposits Funds in the amount of $913,386 for the Baseline/Almeria Sewer Project are budgeted in the Fiscal Year 92/93 Budget under Sewer Fund Account No. 071-7243- 4300. ENVIRONMENTAL IMPACT: IXXI No I _I Yes The construction of public facilities and acquisition of property are referenced in the Environmental Impact Report (EIR) certified on December 21, 1982 by the City Council and the Redevelopment Agency for the North Fontana Redevelopment Plan. Staff has, therefore, prepared an Initial Environmental Study and a Mitigated Negative Declaration for this Project in accordance with the California Environmental Quality Act (CEQA)(Page 6). 2 BACKGROUND: In June 1992, the Redevelopment Agency commenced construction of the local sewer system within the Highland Haven area of North Fontana. In order for the sewer system to be functional within the Highland Haven area upon its completion (estimated around December, 1992), a sewer master trunk line on Baseline Road from Beech Avenue to Almeria Avenue and a sewer line on Almeria Avenue from Baseline Road, to Walnut Street must be constructed. The location of the easement runs through Tract #1214 owned by Presley Development (see location map, Page 18). In December 1990, when Tract 12314 was recorded, it was anticipated that the Presley Company would construct the Baseline and the Almeria sewer lines as part of development of their Tract 12314 in the Rancho Fontana Specific Plan of North Fontana (see attached map, Page 28). Presley was going to construct the sewer line as it is encompassed within the limits of their proposed development and because the conditions of approval for the Tract require Presley to dedicate to the City the public easements, however, subject to improvement. Therefore, the necessary easement was originally contemplated as part of the Tract Map. Staff was advised by Presley that they have no plans to proceed with development of Tract 12314 in the foreseeable future. In anticipation that Presley was not going to move forward with their development plans, and to facilitate completion of the, Highland Haven Sewer, the City budgeted funds in the 1992-93 Sewer Improvement Fund to install both the Baseline Road and the Almeria Avenue sewer lines. Subsequently, on September 2, 1992, Presley was formally requested to grant the necessary sewer easement within Tract 12314 to the City (Page 29). On September 7, 1992, Presley verbally advised the City that they are not prepared to grant the needed sewer easement. In light of Presley's unwillingness to dedicate the easement within Tract 12314 and in order for the City to proceed with construction of the Baseline/Almeria Sewer Project and provide the necessary link to the Highland Haven area in a timely manner, staff recommends the adoption of a Resolution of Necessity (Pages 30 - 37). The Resolution declares the intent of the City to acquire through eminent domain proceedings an easement for the construction of sewer improvements on Almeria Avenue between Baseline Road and Walnut Street (Tract 12314). The property from which the easement is to be acquired for this Project is owned by Presley of Southern California. HEARING AND REQUIRED FINDINGS The action under consideration affects property owned by Presley of Southern California (Tract 12314). The appropriate Notice was sent to the property owner on October 27, 1992 in accordance with Section 1245.235 of the California Code of Civil Procedures (Page 38). J 3 • • • Although this matter is not .a formal public hearing, the property owner(s), or their representatives are entitled to appear and be heard on the following issues: 1. Whether the public interest and necessity require the proposed Project; 2. Whether the proposed Project is planned or located in a manner which will be most compatible with the greatest public good and least private injury; 3. Whether the property sought to be acquired is necessary for the proposed Project; and 4. Whether the required offer to purchase the easement was made to the owner of record. The "Analysis and Justification" portion of this report will address each of the finding which are required for adoption of the Resolution of Necessity. ANALYSIS AND JUSTIFICATION: (1) THE PUBLIC INTEREST.;AND NECESSITY REQUIRE THE PROPOSED PROJECT: This Project will provide a 21 inch sewer trunk line on Baseline Road from Beech Avenue on the west to Almeria Avenue on the east and an 18 inch sewer line on Almeria Avenue from Baseline Road on the south to Walnut Street on the north. The construction of the Baseline/Almeria sewer Project is required in order to. provide sewer service to the North Fontana area (which includes the Highland Haven area) ultimately serving 5,100 dwelling units and 800 acres of future commercial property. Without this Project, development in North Fontana cannot take place and the sewer system, currently nearing completion in Highland Haven, will not be. functional, resulting in adverse impacts to the health and quality of life of persons residing in the affected area. Construction of the Almeria Avenue sewer line, which is consistent with the recorded Tract Map 12314 street alignment for Almeria Avenue, is the most efficient and economical means of providing sewer service to the affected areas. The public interest and necessity require the proposed Project. (2) THE PROPOSED PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND LEAST PRIVATE INJURY: The easement area is vacant.There will be no displacement of persons and/or property as a result of the acquisition. The easement area is also located within property identified as dedicated public right-of-way, however, subject to improvement. The Project as designed meets the requirements for the proposed future improvement of recorded Tract 12314, and other areas to -the north. An alternative to constructing the master line within the Almeria Avenue alignment was considered as follows: 4 Use Citrus Avenue as alignment for the master line. Then upsize the master line on Baseline Road to the same size (21 inch diameter) as Citrus; then use it as the master segment constructed on Los Cedros Avenue in the Highland Haven area (see map, Page 46). This option was not pursued because it would have required a force main and pump station at the south west corner of the Highland Haven area for pumping sewer flows to Citrus Avenue (Citrus Avenue connection point is approximately 29 feet higher). These costs were estimated at $120,000, plus maintenance and operation costs. Staff, therefore, rendered this alternative uneconomical in comparison to the City's.financial parameters to carry out the project. Therefore, the Project has been planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (3) THE PROPERTY SOUGHT TO BE ACQUIRED IS NECESSARY. FOR THE PROPOSED PROJECT: The easement is necessary for the orderly development of Tract 12314, and other areas to the north and as specifically outlined in (1) above. The current sewer/easement alignment was approved as part of Tract Map 12314, recorded on December 10, 1990. The easement is necessary for the proposed Project. Without the easement, it would not be feasible to construct the Almeria Avenue sewer line. (4) OFFER OF JUST COMPENSATION NOT .REQUIRED: Pursuant to Government Code Section 7267, in pursuing the acquisition of any easement, or other nonpossessory interest inreal property for purposes of constructing underground sewers, the City is not required to appraise the subject property, nor establish just compensation or submit.a purchase offer to the owner, prior to adoption of a Resolution of Necessity. Thus, an offer of just compensation has not been made. - ALTERNATIVES: In considering this matter, the City Council has several alternatives: 1. a. Motion to adopt the Mitigated Negative Declaration and California Fish and Game De Minimis Impact Finding and direct staff to file the Notice of Determination and Certificate of Fee Exemption for a proposed Project which includes the acquisition of a sewer easement on Almeria Avenue between Baseline Road and Walnut Street and for construction of a sewer on Baseline Road from Beech Avenue to Almeria Avenue and north on Almeria Avenue to Walnut Street. (Staff Recommendation) b. Motion for the City Council to open a hearing to consider the adoption of a Resolution of Necessity. c. Motion to adopt Resolution No. 92- , declaring that the acquisition of an easement within certain real property (Tract No. 12314) by eminent domain is necessary for construction of underground sanitary sewer line facilities for the Baseline/Almeria Sewer Project. (Staff Recommendation) 2. Not adopt the above motion and direct staff to process easement at time of public improvements. 3. Refer this matter back to staff for further consideration. ATTACHMENTS: Page 6 - Mitigated Negative Declaration and Initial Study Page 18 - Area map showing properties and easement in relation to the Project Page 29 - Letter to'Presley Requesting Sewer Easement Page 30 - Resolution of Necessity Page 38 - Notice of Hearing to Property Owner and Proof of Mailing Page 46 - Area map - alternative sewer line Citrus Avenue SUBMITTREVIEWED BY: RECOMMENDED BY: I /. n Greg H eClark Alsop or Jay M. Corey Communit Developme t Steve Deitsch City Manager 'Director City Attorney GD:GVO:cz NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose ofdeciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall, East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm , the City Council will consider the project and .the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This , means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM "D" • • DRAFT 7 NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of 'a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan.. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not, have a significant effect on, the environment. A brief statement of the reasons supporting the City Council's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM NE" Negative Declaration Page Two 8 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project.. See Environmental Checklist for a description of mitigation measures (attached). • 9 ENVIRONMENTAL CHECKLIST FORM (TG Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Number of Proponent 8353 Sierra Avenue 3. Date of Checklist Submitted Fontana. CA 92335 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET AND THE CONSTRUCTION OF SEWER IMPROVEMENTS Ott BASELINE_ AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET. II. ENVIROIIIEWTAL IMPACTS' (Explanations of all "yes' and 'maybe' answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? PROPER TRENCHING AND SHORING TECHNIQUES AS DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE 'GREEN BOOK' SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. b. Disruptions, displacements, compaction or overcovering of the soil? THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION' USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. Yet Maybe No X X CITY-COB.FJ Page 1 of 9 FORM "J" r IG • • d. The destruction, covering or modification of any unique geologic or physical features? DURING CONSTRUCTION THE CONTRACTOR SHALL ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 9• Exposure of people or property to geologic .hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE 'GREEN BOOK'. b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? d. Emission of hazardous air pollutants within one-fourth of a mile of a school? e. Burning of municipal wastes, hazardous waste or refuse -derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10. percent? CITY-COB.FJ Yes M tg No X X X Page 2 of 9 FORM "J' X X 11 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or freshwaters? Yes Maybe No X b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface water runoff? _ X c. Alterations to the course of flow of flood X waters? d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? _ X g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for. public water supplies? i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? j. Significant changes in the temperature, flow or chemical content of surface thermal springs? 4. Plant life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? X X X CITY-COB.FJ Page 3 of 9 FORM "J" 12 Yes Maybe d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? _ X b. Reduction of the numbers of any unique, rare or endangered species? _ X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? _ X d. Deterioration to existing fish orwildlife habitat? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any non- renewable natural resource? X CITY-COB.FJ Page 4 of 9 FORM "J" • 13 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK' WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION ATTACHED 12. Housing. Will the proposal affect existing hous- ing, -or create a demand for additional housing? SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 1-10 OF THE "GREEN BOOK'. SEE ALSO 13.f Yes Maybe No X X X X CITY-COB.FJ Page 5 of 9 , FORM "J" • • 14 Yes Maybe No e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: _ X a. Power or natural gas? X b. Communication systems? _ X X X X X X X CITY-COB.FJ Page 6 of 9 FORM "J". / 5 Yes Maybe No c. Water? _ X d. Sewer or septic tanks? _ X e. Storm water drainage? _ X f. Solid waste and disposal? X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X b. Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade 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 X X CITY-COB.FJ Page 7 of 9 FORM "J" A 10 • Yes Maybe No 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact. on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? _ 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (Sep * 12 Tiering Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? b. Is this project consistent with applicable local land use plans and zoning of the city and county in which .it is located? c. May this project cause significant effects on the environment that were not examined in the prior EIR? X III. DISCUSSION On attached sheets, discuss: 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. X X X X CITY-COB.FJ Page 8 of 9 FORMS " " 170 IY. 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 the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find 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 significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance,, and that such TIERED EIR adequately examines the possible environmental effects of this project. Date: I` V PREPARED BY: �•../.4 4' L G,',1..s1 Felipe Molinos, P.E. Principal Engineer REVIEWED BY: Rtfbert W. Weddle, P.E. City Engineer APPROVED BY: Paul Balbach Deputy Planning Manager CITY-COB.FJ Page 9 of 9 FORM "J" MAJOR DETOUR .t.a.mu LOCAL CONTROL - LOCAL TRAFFIC ONLY -RASE LINE/ALMERIA SEWER PROJECT • II ____JI \f HIONLA/i0 RE LIN .A l_ CO 11.-1 pµ,• - 'TRILL JI =II :II ill III ! MILES COMM I/N CONSTRUCTIO IIvo ...,. NUM. .., 4 a a _■ L 2111 . ■c �1, r [C Jrutiuunuid LIKJIMIS 7. 3. 15 . 2 Sewer = is 1 i *. e s A detailed engineering report was prepared oy Aloert A. Webb Associates which analyzed the infrastructure (,.e., sewer, water, storm drain) needs for Rancho Fontana. That report has been appended witn this Specific Plan. • The following text provides a summary of the findings, conclu- sions, and recommendations of that engineering report. Existing Conditions The City of Fontana currently owns and operates the waste- water collection system within Fontana. The City has con- tracted with the Chino Basin Municipal Water District (C3MWO) to treat and dispose of the effluent. Presently, there are no sewer lines connected to the property. Sewage is treated in CBMWO Regional Plant No. 3 in Fontna which is located at the southwest corner of Beech and Jurupa Avenues, approximately four miles south of Rancho. Fontana. Present flow to this facility is 3.2 million gallons. per day (mgd); .the rated capacity of the, plant is 3.5 mgd.l. The CBMWO has obtained Clean Water Grant funds to expand the treatment plant capacity at Regional Plant No. 1 to treat flow from Regional Plant No. 3. The plan was to construct the Fontana Interceptor which would carry the wastewater from Regional Plant No. 3 to Regional Plant No. 1 and phase out Regional Plant No. 3. However,. this aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study.2 The grant eligible flows for the Fontana Interceptor are 6.2 and 10.2 mgd for average daily flow and peak design flow, respectively. The Draft Proj- ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No. 3 for groundwater reclamation. Potential Impacts Development of Rancho Fontana as proposed wi l l result in the daily generation of approximately 750,000 gallons of 'Robert Schoenborn, P.E., Public Works Director, City of Fontana; letter dated December 1, 1981. 2Rancho Fontana :Engineering Report, March 1982; p. 1-4. 3lbid. VII-92 SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL FACT REPORT NO. 81-6, CHAPTER VII `CASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. ?AGE • 20 The total estimated project cost of $1,659,000 would provide capacity in the Beech Avenue trunk line in accordance with the Cicy of Fontana General- Plan land uses. The proposed 21-inch diameter (leech trunk line would have a peak design capacity of approximately 8.0 MCD based on a design depth of.0.6 full. The peak flow ancicipated,from the development of Rancho Fontana is 1.28 MGD, while the peak flow from the entire proposed severed area is 8.0 MGD. The City of Fontana should contribute to the construction cost of the recommended trunk line, since 84 percent of the peak capacity. 6.7 MGD, will be utilised by future developments outside the Rancho Fon- tana project. Wastewater Collection System `The collection system for the Rancho Fontana development re- quired for the ultimate wastewater effluent is shown on Place 1-1. Thu recommended collection system for Rancho Fontana is based on the recom- mended trunk system Alternative D-3 and the proposed Specific Plan. The collection system vichin Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total estimated project coat for the collection system and trunk mains is $1,630,000 as shorn on Table 1-10. The City should participate in the construction cost of. the trunk mains that rum through the proposed project. 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) APPENDIX D ENGINEERING REPORT PAGE l OF 3 • 21 TABLE 1-10 TOTAL, ESTIMATED PROJECT COST FOR RANCHO FONTANA WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES(1) Unit . Size : Quantity : Unit : Price . Total Sever Collector Lines 8" Dia. 21,440 LF • $ 17.50 $ 375,000 Sever Collector Lines 10" Dia. 2;100 LF 22.50 47.n0o Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 Sever•Trunk Mains 12" Dia. 2,650 .LF 27.50 72,000 Sever Trunk Mains 15" Dia. 2,650 LF 39.00 103,000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 29f+,000 Manholes 48" Dia. 170 EA 2000.00 340,000 Total Estimated Construction Cost S1,164.000 Total Estimated Project Cost 51,630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based on OR -Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 152; (b) Technical Services at 152; and (c) Field Engineering at 102. 1-28 PAGE 2 OF 3 • 22 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for.the. purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall, East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 199Z. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 199Z at 7 DM - the. City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not, have a significant effect on the environment,. it may adopt the Negative Declaration. .This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: (Clerk Stamp Here) John Tesley / Engineering Tech II CITY-COB.FD FORM "D" DR1*T 23 41, NEGATIVE DECLARATION • 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria. Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley 'Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration2 4 • Page Two 1. Both primary and secondary consequences were evaluated and it was determined that the project helps in protectingthe environmental and surrounding areas. 2. The physical changes involved will protect the social and economic structure of the City. 3. There is no serious public controversy over the environmental effects of the project. 4. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book' will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). 25• • Negative Declara41/ tion Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). • 2s NOTICE OF DETERMINATION • TO: Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana,,CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Construction of sewer improvements on Baseline Avenue from Beech Ave. to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse lumber Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from. Baseline Avenue to Walnut Street located within the Rancho FontanaSpecificPlan_. City of Fontana, County of San Bernardino Project Location (Include County) Construction of 21' dia. VCP sewer main line on Baseline Avenue and construction of 18' dia. VCP sewer main line on Almeria Avenue. Project Description This is to certify that the City of Fontana approved the above described project on and made the following determination: 1. The project will, , xx will not have a significant effect on the environment. 2. _ An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA: A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings Di_ were _ were not made pursuant to the provisions of CEQA. Date John Tesley Engineering Technician II Date Received For Filing CITY-COB.FF FORM "F" 270 • • CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21.6 dia.. VCP sewer main line on Baseline Avenue and construction of 186 dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the projects effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 orthe Fish and Game Code. John Tesley Engineering Technician II City of Fontana Date: CITY.COB.FL FORM "L" 29 City of Fontana CALIFOR NIA September 2, 1992 Mr. Steven Jones Project Manager PRESLEY OF SOUTHERN CALIFORNIA 19 Corporate Plaza Newport Beach, California, 92660 RE: Tract No. 12314 - Sewer Easements Dear Mr. Jones: In order to facilitate the City's infrastructure planning efforts in the North Fontana area, the City respectfully requests that Presley grant the needed sewer easements within.Tract No. 12314 to the City at this time. Staff would appreciate Presley executing and delivering the' previousl transmitted easement deeds to Mr. Bob Weddle by September 9, 1992. y Thanking you in advance for your prompt cooperation. If you wish to contact me, please call me at (714) 350-6712. Sincerely, CO 'U IT EVELOPMENT DEPARTMENT A Gre 'Co unity Dew elopment Director GH: }� M10cz 8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334.0518 • (714) 350-7800 SISTER CITY - KAMLOOPS, B.C. CANAOA 30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF FONTANA DECLARING THAT THE ACQUISITION OF AN EASEMENT IN CERTAIN REAL PROPERTY (TRACT NO. 12314) BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF UNDERGROUND SANITARY SEWER LINE FACILITIES (BASELINE/ALMERIA -'SEWER PROJECT) WHEREAS, the City of Fontana (the "City") proposes to acquire an easement in certain real property for purposes of construction of underground sanitary sewer line facilities pursuant to the authority granted to it by section 37350.5 of the California Government Code; and WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, November 17, 1992, at 7:00 p.m.; at 8353 Sierra Avenue, Fontana, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030.of the California Code of Civil' Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an -opportunity to be heard on said matters; and WHEREAS,. the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure; NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS: Section 1. Compliance with California Code 'of Civil Procedure: There -has been compliance by the City with the require- ments of section 1245.235 of the California Code of Civil Procedure" regarding notice and hearing. Section 2. Public Use. The public use for which the easement is to be acquired is construction of underground sanitary sewer line facilities. Section 37350.5 of the California Government -Code authorizes the City to acquire by eminent domain property necessary for such purposes. Section 3. Description of Property. Attached and marked as Exhibit "A" are the easement rights and the legal description and plats of the easement to be acquired, by the City, which LMH137460 31 describe the general location and extent of the easement with sufficient detail for reasonable identification. Section 4. Findings. The City hereby finds and determines each of the following: (a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The easement described in Exhibit "A" is necessary for the proposed project; and (d) An offer was not required pursuant to section 7267 of the California Government Code. Section 5. Use Not Unreasonably Interfering With Existing Public Use(s). Some or all of the real property in which the easement is to be acquired is subject to easements and rights - of -way appropriated to existing public uses. The legal descriptions of these easements and rights -of -way are on file with the City and describe the general location and extent of the easements and rights -of -way with. sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the easement subject to such existing public use(s) pursuant to section 1240.510 of 'the California Code of Civil Procedure. Section 6. More Necessary Public Use. Some or all of the real property in which the easement is to be acquired is subject to easements and rights -of -way appropriated to existing public uses. To the extent that'the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein. described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the easement appropriated to such existing public use(s) pursuant to section 1240.610 of the California Code of Civil Procedure. Section 7. Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described easement in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use the easement at the earliest possible time. Counsel is LMM137460 -2- • • 32 further authorized to correct any errors or to make or agree to. non -material changes in the legal description of the easement that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject easements. Counsel is further authorized to reduce the extent of the interest or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation of the project for which the easement is being acquired. Section 8. Effective.Date. This Resolution shall take effect upon adoption.' ADOPTED, SIGNED AND APPROVED this , 1992. ATTEST: City Clerk day Mayor LMH137460 33 An exclusive, permanent and perpetual easement, together. with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determined necessary by the City of Fontana, its successors and assigns (collectively, the "City"), together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rights granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A." Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any time change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of the City. 410 u0132712 34 LEGAL DESCRIPTION - EXHIBIT "A" PARCEL 1: TEAT PORTION OP TRACT NO. 12314 IN THE CITY OF FONTANA, COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 64.00 FEET WIDE, THE CENTERLINE QP SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OP THE CENTERLINE. OP BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH), SAID INTERSECTION BEING. DISTANT NORTH 89 52'57" EAST 628.64 FEET FROM THE SOUTH QUARTER CORNER OP SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 0 04'58" WEST 660.29 FEET TO THE BEGINNING OP A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 750.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 8 58'39" AN ARC DISTANCE OF 117.52 FEET TO A POINT, SAID POINT BEING THE BEGINNING OP A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 750.00 FEET, A RADIAL LINE OP SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'19" EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8 59' 40" AN ARC DISTANCE OP 117.74 FEET; TANGENT TO SAID CURVE, NORTH 0 05'59" WEST 691.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OP 250.00 FEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 45'49" AN ARC DISTANCE OF 182.23 FEET TO. THE INTERSECTION OF THE CENTERLINE OF ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OF TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OP 8 34'10" AN ARC DISTANCE OF 37.39 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B", A RADIAL LINE OP SAID CURVE TO SAID POINT BEARS NORTH 39 46'00" WEST. THE SIDE LINES OP SAID STRIP OP LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF THE SOUTHERLY . 30.00 FEET, MEASURED AT RIGHT ANGLES, OF THE SOUTHEAST QUARTER OF SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00" WEST AND WHICH PASSES THROUGH POINT "B" HEREINBEFORE DESCRIBED. PARCEL 2: THAT PORTION OF TRACT NO. 12314, IN THE CITY OF FONTANA, COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OP THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 50.00 PEET WIDE, THE CENTERLINUOP SAID STRIP BEING DESCRIBED AS FOLLOWS: • 35 • • BEGINNING AT POINT "A" HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OF ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'10" WEST 134.17 FEET TO THE BEGINNING OP A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OP 250.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 15'12" AN ARC DISTANCE OP 210.54 PEET; TANGENT TO SAID CURVE, NORTH 0 04'58" WEST 469.37 FEET TO THE INTERSECTION OP THE CENTERLINE OP WALNUT STREET AS SHOWN ON SAID MAP OP TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT "C". THE SIDE LINES OF SAID STRIP OP LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OP PARCEL 1 HEREINBEFORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITH AND . DISTANT SOUTHERLY 30.00 PEET, MEASURED AT RIGHT ANGLES, PROM A LINE WHICH BEARS NORTH 89 51'00" EAST AND WHICH PASSES THROUGH POINT "C" HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OF TRACT NO. 12314, IN THE CITY OP FONTANA., COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OP THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 60.00 PEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OF WALNUT STREET AS SHOWN ON SAID MAP, SOUTH 89 51'00" WEST 45.05 PEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", SAID POINT "D" BEING THE TRUE POINT OP BEGINNING; THENCE ALONG SAID CENTERLINE OF WALNUT STREET, NORTH 89 51'00" EAST 180.05 FEET TO THE EASTERLY LINE OP SAID TRACT NO. 12314. THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED, SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00" WEST AND WHICH PASSES THROUGH POINT "D". HEREINBEPORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OP SAID TRACT NO. 12314. 36 • • • PREPARED UNDER THE SUPERVISION OF MADOLE RCE.14e14 DATE N0. �a.MO • Aa74. r: 4.1'5 4f' 4 • Y4'o co° c•P7SIP • PARCEL 1 SE 1,4 SEC. 36. TIN 1 R 6W1 S.B.M. 5,* cc3w.me esc. 4r., TA/ AOr/ SEE SHEET 6 .I 0 s44 l 243Aa 0 g 10 PREPARED IN 'HI OPPICt O► MAOOIE AND ASSOCIATES, IN CONEULTINO CIVIL ENGINIIItt ANO LAMO P1.ANNI11i O. b.. PARCEL 1 61.S1L D7 GSO Gil' ll BASrELINE AVENUE c. ALMERIA AVE. (S) 1 t30 L 1 t01 Street SANTA AMA, CALIFORNIA t1701 PMONS 714.434.2444 EXHIBIT 'A' CITY OF FONTANA. CALIFORNIA DEED PLAT. • • 37 LLyy ..ar 7 'A'O PARCEL 3 TRUE POS. PARCEL, 3 POINT 0, 509S/✓ is.os ;. Noo9 at7.d''"• PARCEL 2 .s • 4O vs it' /4' • t50G27' L • fft Si r• /// 97 TR rA f/0!'s/ Gb 6 NO. a•IfAt 4O9• Al • t6G Gil' 4 • /Ell• t.r T• 9. 57' SE 1/4 T INS (.c..WALNUT POINT'C PARCEL 3 C ALMERIA IAVE.(N) PARCEL 1 g PREPARED IN THE OF/ICE OP MADOLE AND ASSOCIATES, INC CONSULTING CIVIL ENGINEERS ANO LAMO PLANNERS 14201.1M WPM SANTA AMA. CALIFORNIA /7/01 PHONE 714 • 4JI.2148 STREET 'o/o'I✓ 1231440 •3.10 /slu,t.'macV' POEVT' 9 —G•14E.Y#.:,✓_ PONT A; PO S. PARCEL 2 SEC. 36 '' a6V SB'• EXHIBIT 'A' . SEE SHEET S ALMERIA AVE. (N) CITY OF FONTANA. CALIFORNIA. DEED PLAT I, • NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Tuesday, November 17, 1992, at 7:00 p.m., at 8353 Sierra Avenue, Fontana, California, the City Council of the City of Fontana intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition for public use of an easement interest in certain real property which, according to the last equalized county assessment roll, is owned by you. The public use for which this interest is to be acquired is, construction of underground sanitary sewer line facilities. The easement rights, legal description and plat of the easement to be acquired are attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above and you have the right to appear and be heard on the following matters: 1. Whether the public interest and necessity require the project for which an easement interest in your property is sought to be. acquired. 2. Whether.the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether your property is necessary for the proposed project. LMM137451 • Your failure to file a written request to appear and be heard within 15 days after the mailing of this notice will result in the waiver of your right to appear and be heard. ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: City Clerk City of Fontana 8353 Sierra Avenue Fontana, CA 92335 DATE OF HEARING: PLACE OF HEARING: DATED: October 27, Tuesday, November 17, 1992 7:00 p.m. 8353 Sierra Avenue Fontana, California 1992 BEST, BEST & KRIEGER By: Kendall H. MacVey Attorneys for City of Fontana LMM137451 -2- An exclusive, permanent and perpetual easement, together with the right to forever maintain, operate, improve, alter, relocate, reconstruct, inspect, repair, occupy. and use, and otherwise install necessary appurtenances thereto, for the construction, operation and maintenance of underground sanitary sewer line facilities as determined necessary by the City of Fontana, its successors and assigns (collectively, the "City"), together with all necessary rights of ingress and egress to said easement over and across contiguous land now owned by Grantor in connection with the exercise of any of the rightp granted herein, under and across the following described real property in the County of San Bernardino, State of California, to wit: See legal description and plats attached as Exhibit "A." Grantor shall not erect or construct, or permit to be erected or constructed, any building, structure or permanent improvement on, over or under any portion of the easement. The City shall be entitled to trim, cut, or clear away any trees, brush, or other vegetation or flora from time to time as the City determines in its sole discretion without paying any additional compensation to Grantor. Grantor agrees that no other easement or easements shall be granted on, under, or over this easement without first obtaining the written permission of City. The City may at any change the location of pipelines or other facilities within the boundaries of the easement right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to Grantor, provided the City does not expand its use of the easement beyond the easement boundaries described above. Grantor shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the easement which exist at the time this document is executed without obtaining the prior written consent of the City. IMM132712 41 LEGAL DESCRIPTION - EXHIBIT "A" PARCEL 1: THAT PORTION OP TRACT NO. 12314 IN THE CITY OP FONTANA, COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA, AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OP THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 64.00 FEET WIDE, THE CENTERLINE QF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT TH8 INTERSECTION OP THE CENTERLINE OP BASELINE AVENUE AND ALMERIA AVENUE (EXTENDING NORTH), SAID INTERSECTION BEING DISTANT NORTH 89 52'576 EAST 628.64 FEET PROM THE SOUTH QUARTER CORNER OP SECTION 36, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN; THENCE ALONG SAID CENTERLINE OP ALMERIA AVENUE AS FOLLOWS: NORTH 0 04'586 WEST 660.29 FEET TO TH8 BEGINNING OP A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OP 750.00 PEET;. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 8 58'396AN ARC DISTANCE OP 117.52 FEET TO A POINT, SAID POINT BEING TEE BEGINNING OP A REVERSE CURVE CONCAVE WESTERLY AND SAVING A RADIUS OP 750.00 PEET, A RADIAL LINE OP SAID REVERSE CURVE TO SAID POINT BEARS SOUTH 81 06'196 EAST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 8 59'406 AN ARC DISTANCE OP 117.74 FEET; TANGENT TO SAID CURVE, NORTH '0 05'596 WEST 691.87 PEET TO THE BEGINNING OP A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OP 250.00 PEET; NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 41 45' 49 - AN ARC DISTANCE OP 182.23 PEET TO THE INTERSECTION OP THE CENTERLINE OP ALMERIA AVENUE (EXTENDING NORTHWESTERLY) AS SHOWN ON SAID MAP OP TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT -A-; THENCE CONTINUING NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OP 8 34'10" AN ARC DISTANCE OP 37.39 PEET TO A POINT HEREINAFTER REFERRED TO AS POINT 68', A RADIAL LINE OP SAID CURVE TO SAID POINT BEARS NORTH 39 46'00- WEST. THE SIDE LINES OP SAID STRIP 01, LAND SHALL BE PROLONGED OR SHORTENED S0 AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OP THE SOUTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, OP THE SOUTHEAST QUARTER OP SAID SECTION 36 AND NORTHERLY IN A LINE WHICH BEARS NORTH 39 46'00- WEST AND WHICH PASSES THROUGH POINT -8- HEREINBEFORE DESCRIBED. PARCEL 2: THAT - PORTION OP TRACT NO. 12314, IN THE CITY OP FONTANA, COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OPPICB OP THIS COUNTY RECORDER OP SAID Comm INCLUDED WITHIN A STRIP OP LAND 50.00 PEET WIDE, THE CENTERLINE 02, SAID STRIP BEING DESCRIBED AS FOLLOWS: 42 BEGINNING AT POINT •A• HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG SAID CENTERLINE OP ALMERIA AVENUE AS FOLLOWS: NORTH 48 20'106 WEST 134.17 PEET TO THE BEGINNING OP A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OP 250.00 PEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 48 1 S' 12 • AN ARC DISTANCE OP 210.54 FEET; TANGENT TO SAID CURVE, NORTH 0 04'58• WEST 469.37 PEET TO THE INTERSECTION OP THE CENTERLINE OP WALNUT STREET AS SHOWN ON SAID MAP OP TRACT NO. 12314, SAID INTERSECTION HEREINAFTER REFERRED TO AS POINT C. THE SIDE LINES OP SAID STRIP OP LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHWESTERLY LINE OP PARCEL 1 BERBINBEPORE DESCRIBED AND NORTHERLY IN A LINE PARALLEL WITS AND DISTANT SOUTHERLY 30.00 PEET, MEASURED AT RIGHT ANGLES, PROM A LINE WHICH BEARS NORTH 89 51'00• EAST AND WHICH PASSES THROUGH POINT 'C• HEREINBEFORE DESCRIBED. PARCEL 3: THAT PORTION OP TRACT NO. 12314, IN THE CITY OP FONTANA, COUNTY OP SAN BERNARDINO, STATE OP CALIFORNIA AS SHOWN ON MAP BOOK 240, PAGES 3 TO 10 INCLUSIVE, IN THE OFFICE OP THE COUNTY RECORDER OP SAID COUNTY, INCLUDED WITHIN A STRIP OP LAND 60.00 PEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT •C• HEREINBEFORE DESCRIBED IN PARCEL 2; THENCE ALONG THE CENTERLINE OP WALNUT STREET AS SHOWN ON SAID HAP, SOUTH 89 51'00• WEST 45.05 PEET TO A POINT HEREINAFTER REFERRED TO AS POINT •D•, SAID POINT •D6 BEING THE TRUE POINT OP BEGINNING; THENCE ALONG SAID CENTERLINE OP' WALNUT STREET, NORTH 89 51'00• EAST 180.05 PEET TO THE EASTERLY LINE OP SAID TRACT NO. 12314. THE SIDE LINES OP SAID STRIP OP LAND ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE WESTERLY IN A LINE WHICH BEARS NORTH 0 09'00• WEST AND WHICH PASSES THROUGH POINT •D• HEREINBEPORE DESCRIBED AND EASTERLY IN SAID EASTERLY LINE OP SAID TRACT NO. 12314. 43 PREPARED UNDER THE SUPERVISION OF Mh_ �, b1A o L RCF'�a14 AT NO. PARCEL 1 SE 1A1 SEC. 3 TIN. R 6WI S.B.M. 31 cexvsge asc. so, TA/ /CO t j/ O.9.. PARCEL 1 wer 5s.67 GA000' ' t t Gc BAttLINE AVENUE SEC SmEtt • I. 123�A 2A013' -z W d• s'sf1b• L •//71V' r• as �!• PIIIPAIIIO IN THE OFFICE OP MAOOLE ANO ASSOCIATES, I! CONWLTINa CIVIL INGINIIA ANO LAND PLANNIA$ 11401. tfw Street LWTA ANA. CALIFORNIA MO ' PHONE 71/. tn,riy /2/2/92 FH of / s / G®/tn`®N , ours j l23/9' LvA-S DEZi`Ci/i'/Z2) SePARArfr-G i o/2 s Ti2E--r , iW H L.,.4-Y 17v/LPos47' ,1-MZ' Is /14-Yo�+ oED- ALMERIA AVE. (S) fir, EXHIBIT 'A' CITY OF FONTANA. CALIFORNIA DEED PLAT • • 44 .4/O it ✓�• PARCEL 3 Aief si. 'S /62 Tii ( PO.8. ARCCt, 3POIN0. ' SOf'simu/ 40 I. -gauss If of PARCEL 2 d.t0•/94. A•tro'J•1' NO. d • TV 1,L#0• .t • tSQOn' 4 • /At• S.!' T. IS.Sr S E 1/4 T �N� 111E►AIM IN THI O//ICI OP MAOOLE APO ASSOCIATES, IN CONIVITINO L INGIM ANO I.ANOCIVI►tANNIm11141 11201. 11e. Wool SANTA ANA. CALIFORNIA r7TO1 MONS 714 • * • 2M WALNUT STREET POINT'I PARCEL 3 • ALMERIA - 1AVE.(N) 1 isO w' 123124 3 -'C d• I'll D A•taoan' POI T' 9. •� PO 9: PARCEL 2 Sc.E36 R6V4 SgNI. . PARCEL 1 ALMERIA AVE. (N) .�o EXHIBIT •A' . SEE SHEET $ CITY OF FONTANA. CALIFORNIA DEED PLAT .l, • • 45 • PROOF OF MAILING NOTICE I, Lisa M. Hjulberg, acting on behalf of the City Clerk of the City of Fontana, hereby certify that on October 27, 1992, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of San Bernardino, State of California, more particularly described as Tract No. 12314: Presley of Southern California P.O. Box 19672 Irvine, CA 92713 courtesy copy to: Mr. Steven Jones Project Manager Presley of Southern California 19 Corporate Plaza Newport Beach, CA 92660 Dated: October 27, 1992 LMH137451 to • y • o "AREOMAP - Alternative Sewer Line Citrus Avenue" 9 140201 140571 4055 >- 40 mu; rI.)4 140331 - 1:M1 a ••••••• 3381 7 1421 1 1 • • "1;..-: ChM 42691 •$. 5 .4S, i4243 1/1 3 a w T ec ✓ 1- 4109 i 7_ J a [Val 4265 IMO T 4278 4263 • 4261 LECt-L, • 4 257 I LOS CEP12-4 • 4-soatt. L_ • • }30551i3085r 1-302# 00511 5 • • 130771 430271 112751 411114111MINIO {ER rM 3 75 - • • TO: _ Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana, CA 92335 385 N. Arrowhead Avenue San Bernardino, CA.92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Acquisition of a sewer easement on Almeria Ave. and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person (If submitted to Clearinghouse) Telephone Niaber Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria?Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan, City of Fontana. County of San Bernardino. = c-r Project Location (Include County) Acquisition of a sewer easement on Almeria Ave. between BaselfnrAv' and Walnut Street. Construction of 21" dia. VCP sewer main litie on -� Baseline Ave. and construction of 18" dia. VCP sewer main linie.'-on=- Almeria Ave. Project Description" `� This is to certify that the City of Fontana approved the above d`cr ed project on 11-17-92 and made the following determination: 1. The project will, xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings xx were _ were not ma pursuant to the provisions of CEQA. ///9/3V Dat Date Received For Filing nt to Public Resources Code Section ,:1. 1, EARLENE SPROAT, C; erk of ohn Tesl eythe'lcard of Supervisors, County ofSan Ben Engineering nT l ni d: llf Pi Caiifornia, hereby certify Ben -this document was posted in the Office of ,e t u the Board the C frcn =fi" to 1� ,.. ,FLENE itlp-RoA:f Lek of "ti :;oar CITY-COB.FF • • CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut. Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and .as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the project's effect onfish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. -7/ Jo Tesley Engineering Technician II City of Fontana /4/9Y Date: CITY.COB.FL FORM "L" NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have.a significant effect on the environment. A brief statement of the reasons supporting the City Council's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at:'. The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering T'chnician II Date filed with Clerk of the Board } s C an an CP CITY-COB.FE FORM "E" Negative Declaration Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). City of Fontana CALIFORNIA November 19, 1992 Clerk of the Board of Supervisors County of San Bernardino 385 North Arrowhead San Bernardino, California, 92415-0110 ATTENTION: Cindy Gilbert Dear Cindy: At its meeting on November 17, 1992, the Fontana City Council adopted a Mitigated Negative Declaration and California Fish and Game De Minimis Impact Finding and directed staff to file the Notice of Determination and Certificate of Fee Exemption for the following project: 1. Acquisition of a sewer easement and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Enclosed for recordation and filing are the Mitigated Negative Declaration, Notice of Determination and Certificate of Fee Exemption De Minimus Impact Finding forms for the project mentioned above. Also, please find enclosed a check for twenty-five dollars ($25.00) for the documentary handling fee of the De Minimis Impact Finding for the project. For your convenience, the City has enclosed a self-addressed return envelope for copies of the forms to be returned to the City with the Clerk's stamp and date. If you require any additional information, please contact John Tesley at (714) 350-6642. Sincerely; COMMUNITY DEVELOPMENT DEPARTMENT Engineering Division Felipe Molinos, P.E. Principal Engineer/Capital Improvements FM:GVO:cz Enclosures cc: City Engineer 8353 SIERRA AVENUE (P.O. BOX 518) • FONTANA, CALIFORNIA 92334-0518 • (714) 350-7600 SISTER CITY - KAMLOOPS, B.C. CANADA NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21' dia. sewer main line on Baseline Avenue and construction of 18' dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana - Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City.Council's findings are as follows:. See Attached Sheet A copy of the Initial Study may be obtained at:. The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: ,(714) 350-7610 John Tesley Engineering T chnician II Date filed. with Clerk of the Board CITY-COB.FE FORM 'E' Negative Declaration Page Two 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). TO: Clerk f the Board of Supervisors County of San Bernardino 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert FROM: Th City of Fontana 8353 Sierra Avenue Fontana, CA 92335 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Acquisition of a sewer easement on Almeria Ave. and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. City of Fontana. County of San Bernardino Project Location (Include County) Acquisition of a sewer easement on Almeria Ave. between Baseline Ave. and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Ave. and construction of 18" dia. VCP sewer main line on Almeria Ave. Project Description This is to certify that the City of Fontana approved the above described project on 11-17-92 and made the following determination: 1. The project will, xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures were xx were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings xx were _ were not made pursuant to the provisions of CEQA. /� 9/Yy Dat Date Received For Filing ohn Tesley Engineering Technician II CITY-COB.FF FORM "F" CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: The acquisition of a sewer easement on Almeria Avenue between Baseline Avenue between Baseline. Avenue and Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Acquisition of a sewer easement on Almeria Avenue between Baseline Avenue and Walnut Street. Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because theproject site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the project's effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Jo n Tesley Engineering Technician II City of Fontana Date: // /%A)%' CITY.COB.FL FORM "L" . INVOICE DATE INVOICE NUMBER' CONTROL NUMBER AMOUNT DISCOUNT AMOUNT PAID REMARKS 11 I 18 I I 92 I RQST 25.00 25.00 FILING FEE BASELINE/ALMERIA TRUNK SEWER TR 12314 CITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3598 TOTAL AMOUNT ON . CHECK IS LAST FIGURE IN COLUMN ABOVE VENDOR NO. 50140 CHECK NO. 89590 PAGE CITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA 92335-3598 PAY TO THE ORDER OF FOLIO NUMBER CHECK 89590 16-66/1220 NUMBER THE SUM OF ****25****+ DOLLARS AND *00/CENTS SAN'BERNARDINO, COUNTY OF CLERK OF THE BOARD OF SUPERVISORS VOID AFTER 90 DAYS BANK OF AMERICA • Fontana, California I ;CHECK. DATE,, 1 T T !19 !92 'PAY.THIS=AMOUNT .'.' *******25.00 APOI-1658-AA II'089.59011' : L 2 200066 LI: 0 2114 211180 21,90 \*\‘\U • Proof of Publication \� FONTANA REDEVELOPMENT AGENCY STATE OF CALIFORNIA, } ss• County of San Bernardino, The undersigned hereby certifies as follows: • I am a citizen of the United States, over the age of twenty-one years, and not a party to nor interested in the above -entitled matter; I am the principal clerk of the printer of a newspaper, to wit, The Sun; the same was at all times herein mentioned a newspaper of general circulation printed and published daily, including Sunday, in the City of San Bernardino, in the County of San Bernardino, State of California; said newspaper is so published every day of the year as and under the name of The Sun, said newspaper has been adjudged a newspaper of general circulation by the Superior Court of the State of California, in and for the County of San Bernardino, by a judg- ment of said Superior Court duly made, filed and entered on June 20, 1952, in the records and files of said Superior Court in that certain proceeding entitled In the Mat- ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- culation, numbered 73084 in the records of civil proceedings in said Superior Court and by judgment modifying the same, also made, filed and entered in said proceeding; the notice or other process or document hereinafter mentioned was set, printed and published in type not smaller than nonpareil and was preceded with words printed in black face type not smaller than nonpareil describing and expressing in general terms the purport or. character of the notice intended to be given; and the NOTICE • OF • PREPARATION/NEGATI•VE• DECLARATION .P.Q...135.99 of which the annexed is a true printed copy, was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof, on each of the following dates, to wit: OCTOBER 28, 1992 I certify under penalty of perjurryl that the foregoing is true and correct. Executed on the ....28.... day of OCTOBER San Bernardino, in said County and State. NO. 3 �1 (Space below to filing stamp only) NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED LRNEGATIVE NOTICE IS HEREBY GIV- EN that the City of Fon- tana has completed an Ini- tial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beach, to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environ- mental Quality Act. This Initial Study was under- taken for the purpose of deciding whether the pro- ject may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant . effect on the environment, and has therefore ore - oared a Draft Negative • Declaration are on tile at I City Hall, East Annex, En- gineering Division and are available for public re- view. Comments will be received until November 2, 1992 Any person wish- ing to comment on this matter must submit such comments, in writing to the City prior to.this date. Comments of all Respon- sible Agencies are also requested. At its meeting on Tuesday November 17, 1992 at 7 Am., the City Council will consider. the project and the Draft Negative Decla- ration. If the City Council finds that the project will not have a significant ef- fect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without Me prepa- ration of an Environmen- taloImpact /8 (73) p1486 05021U81 19 92 , at 411 ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Number of Proponent 8353 Sierra Avenue Fontana. CA 92335 3. Date of Checklist Submitted 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable THE ACQUISITION OF A SEWER EASEMENT ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET AND THE CONSTRUCTION OF SEWER IMPROVEMENTS ON BASELINE AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? PROPER TRENCHING AND SHORING TECHNIQUES AS DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE "GREEN BOOK" SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. Yes Maybe b. Disruptions, displacements, compaction or overcovering of the soil? X THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION" USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? X THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. CITY-COB.FJ Page 1 of 9 FORM "J" d. The destruction, covering or modification of any unique geologic or physical features? DURING CONSTRUCTION THE CONTRACTOR SHALL ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE "GREEN BOOK". b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? d. _ Emission of hazardous air pollutants within one-fourth of a mile of a school? e. Burning of municipal wastes, hazardous waste or refuse -derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10 percent? Yes Maybe, X CITY-COB.FJ Page 2 of 9 FORM "J" 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface water runoff? c. Alterations to the course of flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? j. Significant changes in the temperature, flow or chemical content of surface thermal springs? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? Yes Maybe No X X X X X X X CITY-COB.FJ Page 3 of 9 FORM "J" d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species? X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? X Yes Maybe d. Deterioration to existing fish or wildlife habitat? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe noise levels?. 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any non- renewable natural resource? X X CITY-COB.FJ Page 4 of 9 FORM "J" • • 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK" WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION, ATTACHED Yes Maybe No X 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: X X a. Generation of substantial additional vehicular. movement? X b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing transpor- tation systems? X d. Alterations to present patterns of circula- tion or movement of people and/or goods? X _ DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK". SEE ALSO 13.f CITY-COB.FJ Page 5 of 9 FORM "J" Yes Maybe No e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _ X DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communication systems? X X X X X X X X CITY-COB.FJ Page 6 of 9 FORM "J" c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade 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 Yes Maybe No X X X X X X X X X X CITY-COB.FJ Page 7 of 9 FORM "J" Yes Maybe No 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) _ c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (See * 12 Tiering Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? c. May this project cause significant effects on the environment that were not examined in the prior EIR? III. DISCUSSION On attached sheets, discuss: X X 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. X X X CITY-COB.FJ Page 8 of 9 FORMS "J" • • IV. 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. X 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 the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. Date: I find 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 significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible environmental effects of this project. ®eTo - -' , Iry PREPARED BY: Felipe Molinos, P.E. Principal Engineer REVIEWED BY: Robert W. Weddle, P.E. City Engineer APPROVED BY: Paul Balbach Deputy Planning Manager CITY-COB.FJ Page 9 of 9 FORM "J" _ATTACHMENT 1 j ILE. G E N D . ==� MAJOR DETOUR N.T.S...11.J'LOCAL. CONTROL -1 ILOCAL TRAFFIC ONLYI At z 3 ____ IT/WINOS /NT[WU(O/IT! SCHOOL VI !' CREST NUT A ®1BASE LINE/ALME_RIA SEWER PROJECT CABSIA ST. HIGHLAND Ay, !//WINOS NMI SCHOOL 0R01C0 ARROW HWY. 'yam IVY A` 77 I CANELLIA; OW —1a H 0 J o ill— I �4 CURTII It II CAWTER JL J NI-41 .RLANO AV' 5I 3 MILES1 CURTIS AV. :, AIRIOW NWY. .. - III wlONWW § COUNTRY.I !ilr. ii JNC i T_IRNI i (VALENCIA AV. WINO/LO RONNE RI AV ❑❑ P IN LERNER I. a=o1 7.3.152 Sewer Facilities A detailed engineering report was prepared by Albert A. Webb Associates which analyzed the infrastructure (i.e., sewer, water, storm drain) needs for Rancho Fontana. That report has been appended with this Specific Plan. The following text provides a summary of the findings, conclu- sions, and recommendations of that engineering report. Existing Conditions The City of Fontana currently owns and operates the waste- water collection system within Fontana. The City has con- tracted with the Chino Basin Municipal Water District (CBMWD) to treat and dispose of the effluent. Presently, there are no sewer lines connected to the property. Sewage is treated in CBMWO Regional Plant No. 3 in Fontna which is located at the southwest corner of Beech and- Jurupa Avenues, approximately four miles south of Rancho Fontana. Present flow to this facility is 3.2 million gallons. per day (mgd); the rated capacity of the plant is 3.5 mgd.1 The CBMWD has obtained Clean Water Grant funds to expand the treatment plant capacity at Regional Plant No. 1 to treat flow from Regional Plant No. 3. The plan was to construct the Fontana Interceptor which would carry the wastewater from Regional Plant No. 3 to Regional Plant. No. 1 and phase out Regional Plant No. 3. However, this aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study.2 The grant eligible flows for the Fontana Interceptor are 6.2 and 10.2 mgd for average daily flow and peak design flow, respectively. The Draft Proj- ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No. 3 for groundwater reclamation. Potential Impacts Development of Rancho Fontana as proposed will result in the daily generation of approximately 750,000 gallons of 1Robert Schoenborn, P.E., Public Works Director, City of Fontana; letter dated December 1, 1981. 2Rancho Fontana Engineering Report, March 1982; p. 1-4. 3Ibid. VII-92 SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL IMPACT REPORT NO. 81-6, CHAPTER VII MASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. PAGE 1 OF 1 4 4 0f 3 m Z The total estimated project cost of $1,659,000 would provide capacity in the Beech Avenue trunk line in accordance with the City of Fontana General Plan land uses. The proposed 21-inch diameter Beech trunk line would have a peak design capacity of approximately 8.0 MGD based ona design depth of 0.6 full. The peak flow anticipated from the development of Rancho Fontana is 1.28 MGD, while the peak flow from the entire proposed sewered area is 8.0 MGD. The City of Fontana should contribute to the construction cost of the recommended trunk line, since 84 percent of the peak capacity, 6.7 MGD, will be utilized by future developments outside the Rancho Fon- tana project. Wastewater Collection System The collection system for the Rancho Fontana development re- quired for the ultimate wastewater effluent is shown on Plate 1-1. The recommended collection system for Rancho Fontana is based on the recom- mended trunk system Alternative D-3 and the proposed Specific Plan. The collection system within Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total estimated project cost for the collection system and trunk mains is $1,630,000 as shown on Table 1-10. The City should participate in the construction cost of the trunk mains that run through the proposed project. 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) APPENDIX D ENGINEERING REPORT PAGE 1 OF 3 • • TABLE 1-10 TOTAL ESTIMATED PROJECT COST FOR RANCHO FONTANA WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES(1) • Unit Size : Quantity : Unit Price Total Sewer Collector Lines 8" Dia. 21,440 LF $ 17.50 $ 375,000 Sewer Collector Lines 10" Dia. 2,100 LF 22.50 47.000 Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 Sewer -Trunk Mains 12" Dia. 2,650 LF 27.50 72,000 Sewer Trunk Mains 15" Dia. 2,650 LF 39.00 103,000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 286,000 Manholes 48" Dia. 170 EA 2000.00 340,000 Total Estimated Construction Cost S1,164,000 Total Estimated Project Cost $1,630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based on ENR-Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 15%; (b) Technical Services at 15%; and (c) Field Engineering at 102. 1-28 PAGE 2 OF 3 • • NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the acquisition of a sewer easement on Almeria Avenue from Baseline Avenue to Walnut Street and the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has, concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall, East Annex, Engineering Division and are available for public review. Comments will be received until November 2. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday. November 17. 1992 at 7 pm , the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect. on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM "D" DRAFT • NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Acquisition of a sewer easement on Almeria Avenue and construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx ' A. City of Fontana Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the City's Staff, does hereby find and declare that the, proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the City Council's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" PROOF OF PUBLICATIOPl�2C- (2015.5 C.C.P.) State of California County of San Bernardino I am a citizen of the United States resident of the County aforesaid; over the age of eighteen years, an(' noL a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Fontana Herald News, a newspaper of general circula- tion, printed and published every Thursday in the City of Fontana, County of San Bernardino, and which newspa- per has been adjudged a newspaper of general circulation by the Superior Court of the State of California, in and for the County of San Bernardino, under the date of March 15, 1955, Case Number 73171, and that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, To -wit: g::'. 1' 1902 all in the year 199 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Fontana, Califomia, this 131 h day of r ,.b , 199 2 . Signature is for the County k's stamp Proof of Publication of Nd'. _:..,1 at Lmi,.'jinn !truer Nproveasnbs ;4•404 row AMU NOT1Ct O1F CANCRLLATION' OF MIRLIO N/ARINO;, NOTIC • REBX`GIVEN`? BY THIF` " • �+ OE:� THE C THAT- ; T ' HOLOD A ING TOtRlVI lit STRUt> HOM= • ERA IMPROVE MEDIT ON 'BASELINE A •FRO BEECH' TO ALMS VA' AV ENUE= AND ON ALMERIA + AVENUE FROM BASELINE AVENUE TO. WALNUT ANDr.-. ITO. CONSIDER THE DRAFF NEGATIVE DECLARATION . FOR'THEPRO,IECr`-« PUbhft Feb;.13„19Qr FONTANA HERALD NEWS 16920 Spring Street Fontana, California 92335 Phone: (714) 822-2231 Fax: (714) 355-9358 01460 1I91,v HI toaA) 1J1.i5 • NOTICE OF DRAFT PREPARATIONNEGATIVE OF DECLARATION/MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the constructiion of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria .Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial . Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration,. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall, East Annex, Engineering Division and are available for public review. Comments will be received until January 31. 1992. Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday February 18. 1992 at 7 om. the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that ,the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the • project without the preparation of an Environmental Impact Report. Publish: Jana 9, 1992 • • ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. BACKGROUND 1. Name of Proponent CITY OF FONTANA 2. Address and Phone Nu■ber of Proponent 8353 Sierra Avenue Fontana, CA 92335 3. Date of Checklist Submitted 4. Agency Requiring Checklist CITY OF FONTANA 5. Name of Proposal, if applicable CONSTRUCTION OF SEWER IMPROVEMENTS ON BASELINE AVENUE FROM BEECH TO ALMERIA AVENUE AND ON ALMERIA AVENUE FROM BASELINE AVENUE TO WALNUT STREET II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? PROPER TRENCHING AND SHORING TECHNIQUES AS DEFINED IN THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, ALSO KNOWN AS THE "GREEN BOOK" SHALL ALLEVIATE UNSTABLE EARTH CONDITIONS DURING SEWER CONSTRUCTION. b. Disruptions, displacements, compaction or overcovering of the soil? X THE CONSTRUCTION SITE WILL BE RETURNED TO "AS IS CONDITION" USING PROPER SOIL COMPACTION AND TESTING. c. Change in topography or ground surface relief features? X THE SEWER LINE CONSTRUCTION ON ALMERIA WILL NEED GRADING OF A MAINTENANCE DIRT ROAD WITHIN PUBLIC RIGHT OF WAY. WHEN FUTURE ADJACENT AREA DEVELOPS, ROAD WILL BE IMPROVED TO ITS ULTIMATE CONDITION. CITY-COB.FJ Page 1 of 9 FORM "J" • • 06 (JAh 1) J r OATw 1(aN (0P�OP Io/Z6j,v • 411 Yes Maybe No d. The destruction, covering or modification. of any unique geologic or physical features? _ X DURING CONSTRUCTION THE CONTRACTOR SHALL ABATE DUST NUISANCE BY SPRINKLING WITH WATER. e. Any increase in wind or water erosion of soils, either on or off the site? _ X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 9• Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? TRENCH BACKFILL SHALL BE DENSIFIED TO 90% MINIMUM RELATIVE COMPOSITION, SO GROUND FAILURE SHOULD NOT OCCUR FOLLOWING THE PROJECT. 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? _ X TO MINIMIZE FOUL AIR EMMISSIONS DURING CONSTRUCTION, THE CONTRACTOR IS REGULATED BY ARTICLE 7-8.2 OF THE "GREEN BOOK". b. The creation of objectionable odors? _ X c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? d. Emission of hazardous air pollutants within one-fourth of a mile of a school? e. Burning of municipal wastes, hazardous waste or refuse -derived fuel and consists of either the construction of a new facility or the expansion of an existing facility by more than 10 percent? CITY-COB.FJ Page 2 of 9 FORM "J" 411 Yes Maybe No 3. Water. Will the proposal result in: a. Changes in currents, or the course of di- rection of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage pat- terns, or the rate and amount of surface water runoff? c. Alterations to the course of flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? h. Suostantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water re- lated hazards such as flooding or tidal waves? J Significant changes in the temperature, flow or chemical content of surface thermal springs? X X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? _ X b. Reduction of the numbers of any unique, rare or endangered species of plants? _ X c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? _ X CITY-COB.FJ Page 3 of 9 FORM "J" Yes Maybe No d. Reduction in acreage of any agricultural crop? X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? _ X b. Reduction of the numbers of any unique, rare or endangered species? X c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? d. Deterioration to existing fish or wildlife habitat? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT SECTION ATTACHED 6. Noise. Will the proposal result in: a. Increases in existing noise levels? X DURING CONSTRUCTION NOISE LEVELS WILL BE ENFORCED BY STATE LAWS. THE HOURS OF CONSTRUCTION WILL BE LIMITED TO 7:00 AM TO 6:00 PM. b. Exposure of people to severe noise levels? _ X 7. Light and Glare. Will the proposal produce new light or glare? 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any non- renewable natural resource? CITY-COB.FJ Page 4 of 9 FORM "J" • Yes Maybe No 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK" WHICH ADDRESSES PUBLIC CONVENIENCE AND SAFETY. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION ATTACHED 12. Housing. Will the proposal affect existing hous- ing, or create a demand for additional housing? X SEE RANCHO FONTANA ENVIRONMENTAL IMPACT REPORT - SECTION 5.2.8 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transpor- tation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? X DURING THE CONSTRUCTION OF THE BASELINE AVE. SEWER, A TEMPORARY CLOSURE OF BASELINE AVE. WILL BE NEEDED. (SEE ATTACHMENT 1). THE CONTRACTOR'S OPERATIONS SHALL CAUSE NO UNNECESSARY INCONVENIENCE. THE ACCESS RIGHTS OF THE PUBLIC SHALL BE CONSIDERED AT ALL TIMES. THE CONTRACTOR SHALL ADHERE TO ARTICLE 7-10 OF THE "GREEN BOOK". SEE ALSO 13.f CITY-COB.FJ Page 5 of 9 FORM "J" • Yes Maybe No e. Alterations to waterborne, rail or air traffic? _ X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X _ DURING CONSTRUCTION, THE CONTRACTOR WILL PROVIDE FOR NECESSARY TRAFFIC CONTROL INCLUDING ALL SIGNS, BARRICADES, FLASHERS AND FLAGMAN NECESSARY TO MAINTAIN PROPER CONTROL. THIS PROJECT WILL REQUIRE THE DETOUR OF EXISTING TRAFFIC ON BASELINE AVE. AFTER CONSIDERATION OF OPTIONS, IT HAS BEEN DETERMINED THAT A TEMPORARY CLOSURE OF BASELINE AVE. AND RE-ROUTING OF TRAFFIC TO EXISTING ARTERIALS TO BYPASS THE CONSTRUCTION AREA ALONG BASELINE AVENUE IS THE BEST ALTERNATIVE. THIS WILL REQUIRE PREPARATION OF A DETOUR PLAN AND ADVANCE NOTICE TO THE PUBLIC. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? _ X b. Police protection? _ X c. Schools? _ X d. Parks or other recreational facilities? _ X e. Maintenance of public facilities, including roads? X PERIODIC SEWER AND ROAD MAINTENANCE WILL BE PERFORMED AS REQUIRED. f. Other governmental services? _ X 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? _ X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? _ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: _ X a. Power or natural gas? _ X b. Communication systems? _ X CITY-COB.FJ Page 6 of 9 FORM "J" 411 • Yes Maybe No c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? _ X f. Solid waste and disposal? X 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ X b. Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration or destruction of a prehistoric or historical archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Finding of Significance. a. Does the project have the potential to degrade 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 CITY-COB.FJ Page 7 of 9 FORM "J" Yes Maybe No 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) _ c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on. the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 22. EIR Tiering Determination. (SEE ATTACHMENT 2) (See * 12 Tiering Guidelines.) a. Is this project consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified? b. Is this project consistent with applicable local land use plans and zoning of the city and county in which it is located? c. May this project cause significant effects on the environment that were not examined in the prior EIR? III. DISCUSSION On attached sheets, discuss: X X 1. The environmental evaluation. 2. Ways, if any, to mitigate any significant effects identified. 3. Compatibility with existing zoning and plans. X X X X CITY-COB.FJ Page 8 of 9 FORMS "J" • • IV. 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. X 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 the mitigation measures described on these previous sheets and on an attached sheet have been added to the project by the applicant. A MITIGATED NEGATIVE DECLARATION MILL BE PREPARED. I find 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 significant effect on the environment, but that this project is consistent with a previously prepared TIERED EIR on the overall program, plan, policy or ordinance, and that such TIERED EIR adequately examines the possible environmental effects of this project. Date: FEBRUARY 3, 1992 PREPARED BY: Felipe Molinos, P.E. Principal Engineer REVIEWED BY: 4_ Robert W. Weddle, P.E. City Engineer APPROV eputy Pla ning Manager CITY-COB.FJ Page 9 of 9 FORM "J" LEGEND ATTACHMENT 'I MAJOR DETOUR • 1113iMM:!LOCAL. CONTROL — N.T.S., LOCAL TRAFFIC ONLY -- OA.SE._LINE/ALME.RIA SEWER PROJECT II % (ririNOn loirrirroarlf SCHOOL SE LIN IUL Ulf ., OTHILL IN.Y OS a.DO, Curia St HIGHLAND Av „wino' N/.N r[NOOO IVY A III at-1 -1I )77 VICTORIA It W .O �aL IVT IT . 3 MILES [1 d s CCITI. AV. i J AREA TO BE SY.—PASSERS ' DURING SEWEi1 CONSTRUCTION\ LThJ VIRIPO ) ttrr COV,TOY lIV rll gII I II II Q Q .,Y.II .. 2 m ay. t11 1 i sTl 30 ® I. ay. . . ❑C f""'"'lDE,--":... a„ot M, ... di ..,y__Jooa000000 • • 7.3.15.2 Sewer Facilities A detailed engineering report was prepared by Albert A. Webb Associates which analyzed the infrastructure (i.e., sewer, water, storm drain) needs for Rancho Fontana. That report has been appended with this Specific Plan. The following text provides a summary of the findings, conclu- sions, and recommendations of that engineering report. Existing Conditions The City of Fontana currently owns and operates the waste- water collection system within Fontana. The City has con- tracted with the Chino Basin Municipal Water District (CBMWO) to treat and dispose of the effluent. Presently, there are no sewer lines connected to the property. Sewage is treated in CBMWD Regional Plant No. 3 in Fontna which is located at the southwest corner of Beech and Jurupa Avenues, approximately four miles south of Rancho Fontana. Present flow to this facility is 3.2 million gallons per day (mgd); the rated capacity of the plant is 3.5 mgd.11 The CBMWO has obtained Clean Water Grant funds to expand the treatment plant capacity at Regional Plant No. 1 to treat flow from Regional Plant No. 3. The plan was to construct the Fontana Interceptor which would carry the wastewater from Regional Plant No. 3 to Regional Plant No. 1 and phase out Regional Plant No. 3. However, this aspect of the plan has been delayed pending funding of the Fontana Interceptor and the result of Chino Basin Water Reclamation Study.2 The grant eligible flows for the Fontana Interceptor are 6.2 and 10.2 mgd for average daily flow and peak design flow, respectively. The Draft Proj- ect Report on the Water Reclamation Study has recommended the retention of Regional Plant No. 3 for groundwater reclamation. Potential Impacts Development of Rancho Fontana as proposed will result in the daily generation of approximately 750,000 gallons of 1Robert Schoenborn, P.E., Public Works Director, City of Fontana; letter dated December 1, 1981. 2Rancho Fontana Engineering Report, March 1982; p. 1-4. 3lbid. VII-92 SOURCE: RANCHO FONTANA SPECIFIC PLAN NO.1 AND ENVIRONMENTAL IMPACT REPORT NO. 81-6, CHAPTER VII MASTER ENVIRONMENTAL IMPACT REPORT ADOPTED DECEMBER 7,1982. PAGE 1 OF 1 /C1.QVf� 4, Tp TElo ) The total estimated project cost of $1,659,000 would provide capacity in the Beech Avenue trunk line in accordance with the City of Fontana General Plan land uses. The proposed 21-inch diameter Beech trunk line would have a peak design capacity of approximately 8.0 MGD based on a design depth of 0.6 full. The peak flow anticipated from the development of Rancho Fontana is 1.28 MGD, while the peak flow from the entire proposed sewered area is 8.0 MGD. The City of Fontana should contribute to the construction of the recommended trunk line, since 84 percent of the peak capacity, 6.7 MGD, will be utilized by future developments outside the Rancho Fon- tana project. cost Wastewater Collection System The collection system for the Rancho Fontana development re- quired for the ultimate wastewater effluent is shown on Plate 1-1. The recommended collection system for Rancho Fontana is based on the recom- mended trunk system Alternative D-3 and the proposed Specific Plan. The collection system within Rancho Fontana project includes trunk mains to convey wastewater from future development northerly of Rancho Fontana. The total estimated project cost for the collection system and trunk mains is $1,630,000 as shown on Table 1-10. The City should participate in the construction cost of the trunk mains that run through the proposed project. 1-27 SOURCE: RANCHO FONTANA SPECIFIC PLAN (DEC.7,1982) APPENDIX D ENGINEERING REPORT PAGE 1 OF 3 TABLE 1-10 TOTAL ESTIMATED PROJECT COST FOR RANCHO FONTANA WASTEWATER COLLECTION LINES AND ONSITE TRUNK LINES(1) Unit Size : Quantity : Unit Price Total Sewer Collector Lines 8" Dia. 21,440 LF $ 17.50 $ 375,000 Sewer Collector Lines 10" Dia. 2,100 LF 22.50 47.000 Sewer Collector Lines 12" Dia. 1,500 LF 27.50 41,000 Sewer Trunk Mains 12" Dia. 2,650 LF 27.50 72,000 Sewer Trunk Mains 15" Dia. 2,650 LF 39.00 103,000 Sewer Trunk Mains 18" Dia. 5,240 LF 54.50 286,000 Manholes 48" Dia. 170 EA 2000.00 340,000 Total Estimated Construction Cost $1,164,000 Total Estimated Project Cost $1,630,000 (1) Note: Cost of individual laterals from the street right of way line to the housing units is not included. *Based on ENR-Los Angeles Construction Cost Index for February 1982 (4531) **Includes (a) Construction Contingencies at 15%; (b) Technical Services at 15%; and (c) Field Engineering at 10%. 1-28 PAGE 2 OF 3 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the City of Fontana has completed an Initial Study of the construction of sewer improvements on Baseline Avenue from Beech to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street project in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declaration are on file at City Hall, East Annex, Engineering Division and are available for public review. Comments will be received until January 31, 1992 Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. At its meeting on Tuesday, February 18, 1992 at 7 PM the City Council will consider the project and the Draft Negative Declaration. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: John Tesley Engineering Tech II (Clerk Stamp Here) CITY-COB.FD FORM "Dry cro iniett • • NEGATIVE DECLARATION 1. Name, if any, and a brief description of project: Construction of 21" dia. sewer main line on Baseline Avenue and construction of 18" dia. sewer main line on Almeria Avenue. 2. Location: Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Avenue from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan. 3. Entity or person undertaking project: xx A. City of Fontana Engineering Division B. Other (Private) Name: Address: The City Council, having reviewed the Environmental Information Form for this proposed project and having reviewed the written comments received prior to the public meeting of the City Council, including the recommendation of the City's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons_ supporting the City Council's findings are as follows: See Attached Sheet A copy of the Initial Study may be obtained at: The City of Fontana, Engineering Division 8353 Sierra Avenue Fontana, CA 92335 Phone: (714) 350-7610 John Tesley Engineering Technician II Date filed with Clerk of the Board CITY-COB.FE FORM "E" Negative Declaration Page Two • • 1. No comments were received nor is there any evidence that an EIR should be prepared. 2. Both primary and secondary consequences were evaluated and it was determined that the project helps in protecting the environmental and surrounding areas. 3. The physical changes involved will protect the social and economic structure of the City. 4. There is no serious public controversy over the environmental effects of the project. 5. The project shall be designed, constructed and inspected to meet City standards. The Standard Specifications for Public Works Construction, also known as the "Green Book" will control the general provisions, construction materials and construction methods for this project. See Environmental Checklist for a description of mitigation measures (attached). • NOTICE OF DETERMINATION • TO: Clerk of the Board FROM: The City of Fontana of Supervisors 8353 Sierra Avenue County of San Bernardino Fontana, CA 92335 385 N. Arrowhead Avenue San Bernardino, CA 92415-0130 Attn: Cindy Gilbert SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Construction of sewer improvements on Baseline Avenue from Beech Ave. to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Avenue. Project Title N/A State Clearinghouse Number Contact Person Telephone Number (If submitted to Clearinghouse) Baseline Avenue from Beech Avenue to Almeria Avenue and Almeria Ave. from Baseline Avenue to Walnut Street located within the Rancho Fontana Specific Plan, City of Fontana, County of San Bernardino Project Location (Include County) Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Project Description This is to certify that the City of Fontana approved the above described project on and made the following determination: 1. The project will, xx will not have a significant effect on the environment. 2. An Environmental Impact Report was prepared for and certified for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. xx A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. THIS IF TO CERTIFY THAT THE FINAL EIR (WITH COMMENTS AND RESPONSES) OR NEGATIVE DECLARATION AND RECORD OF PROJECT APPROVAL IS AVAILABLE TO THE GENERAL PUBLIC AND MAY BE EXAMINED AT: City of Fontana, Engineering Division 3. Mitigation measures xx were were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations was xx was not adopted for this project. 5. Findings xx were _ were not made pursuant to the provisions of CEQA. Date John Tesley Engineering Technician II Date Received For Filing CITY-COB.FF FORM "F" • • CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location: Construction of sewer improvements on Baseline Avenue from Beech Avenue to Almeria Avenue and on Almeria Avenue from Baseline Avenue to Walnut Street. Project is located within the Rancho Fontana Specific Plan in the City of Fontana, County of San Bernardino. Project Description: Construction of 21" dia. VCP sewer main line on Baseline Avenue and construction of 18" dia. VCP sewer main line on Almeria Avenue. Findings of Exemption: Based upon substantial evidence, the City of Fontana has determined that the project will not have an adverse impact on fish or wildlife resources because the project site is not within, nor is it close to, any known fish or wildlife resources. The project is within an area that is urbanized, and as such does not encompass any known fish or wildlife resources. This project is part of the Rancho Fontana Specific Plan which is covered by a previously prepared and certified Environmental Impact Report. An initial study has been prepared for this project that evaluated the project's effect on fish and game resources and no effect was found. CERTIFICATION: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. John Tesley Engineering Technician II City of Fontana Date: CITY.COB.FL FORM "L"