HomeMy WebLinkAboutCouncil Memorandum - 03-21-2018City Council Memorandum
Date:
Date: March 20, 2018
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
John Paul Maier, Chief Deputy City Clerk
Subject: Agenda Back Up - Amendments to Items 11, 12, 14, and 25
It has come to staff’s attention to update the agenda back up for Items 11, 12, 14, and
25. These updates include:
• Item 11: Application for Beverage Container Recycling City/County Payment
Program (Amended Resolution)
• Item 12: Application for CalRecycle Waste Tire Cleanup Grant (Amended Staff
Report and Resolution)
• Item 14: Mitigated Negative Declaration and a Mitigation Monitoring and
Reporting Program for the Widening of 40th Street between Johnson Street and
Electric Avenue (Amended Exhibit A)
• Item 25: Amending Municipal Code Chapter 2.58 Related to the Conduct of
Public Meetings and Establishing Reasonable Regulations for Public Comments,
Testimony, and Procedural Rules for Quasi-Judicial Hearings (Attachment 1:
Municipal Code Chapter 2.58 was omitted)
These updates are included as attachments to this memorandum and hard copies will
be provided at the dais.
Please feel free to contact City Clerk Gigi Hanna (hanna_gi@sbcity.org) or Chief
Deputy City Clerk John Maier (maier_jo@sbcity.org) should you have any questions.
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RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR PAYMENT PROGRAMS FOR RECYCLING BEVERAGE
CONTAINERS OFFERED BY CALRECYCLE AND APPROVING RELATED
AUTHORIZATIONS
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and
42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has
established various payment programs to make payments to qualifying jurisdictions; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish
procedures governing the administration of the payment programs; and
WHEREAS, CalRecycle’s procedures for administering payment programs require,
among other things, an applicant’s governing body to declare by Resolution certain
authorizations related to the administration of the payment program; and
WHEREAS, City proposes to utilize the grant funds to provide education and
outreach for beverage container recycling, which involves support for new and existing
beverage container recycling programs for businesses, multi-family residential dwellings,
single-family residential dwellings, public education and outreach related to beverage
container recycling.
NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager, or her designee, is authorized to submit an
application to CalRecycle for any and all payment programs for recycling beverage containers
offered.
SECTION 2. The City Manager, or her designee, is hereby authorized as Signature
Authority to execute all documents necessary to implement and secure payments under the
CCPP.
SECTION 3. This authorization is effective until rescinded by the Signature Authority
or this governing body.
SECTION 4. The Finance Director is authorized to amend the 18/19 budget if the
grant is awarded.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR PAYMENT PROGRAMS FOR REYCLING BEVERAGE
CONTAINERS OFFERED BY CALRECYCLE AND APPROVING RELATED
AUTHORIZATIONS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _____________________ meeting
thereof, held on the ____ day of ___________, 2018, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Gerogeann Hanna, City Clerk
The foregoing Resolution is hereby approved this __________ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz,
City Attorney
By:____________________
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 21, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Trish Rhay, Director of Public Works
Timothy J. O’Neal, Environmental Projects Specialist
Subject: Application for CalRecycle Waste Tire Cleanup Grant
Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
California, authorizing the complete submission of the application for payment programs
for waste tire cleanup offered by Calrecycle and approving related authorizations.
Background
The initial application deadline for the Waste Tire Cleanup grant is March 8, 2018 with a
secondary due date of April 5 for the submittal of an approved Resolution. The grant
term is a two-year cycle beginning July 1, 2018 through June 30, 2020. Staff
recommends adoption of the attached resolution authorizing submittal of the application
for grant funds. These funds shall be appropriated each fiscal year until the grant term
end date of June 30, 2020.
The California Department of Resources Recycling and Recovery (CalRecycle) receives
an annual appropriation from the California Tire Recycling Management Fund to
administer the Tire Recycling Act and related legislation. In turn, CalRecycle has
allocated funds for the Waste Tire Cleanup Grant Program.
The intent of this grant program is to remediate threats to public health, safety, and
property. If waste tires and other illegally dumped items are not removed immediately,
they tend to increase in volume and become a greater problem than originally
discovered.
Since the City first applied for this grant in FY 05/06, the City has collected illegally
dumped waste tires that are in the proximity of homes, businesses, schools and are
considered a serious threat to public health and safety. Recently, in FY 15/16, City staff
and volunteers have identified and cleaned up over 6,000 waste tires illegally dumped
throughout the City. To date, the City has collected and properly disposed of
approximately 28,000 waste tires illegally dumped in the public right of way or in vacant
lots. All which have been covered by the Waste Tire Cleanup Grant.
The City continues to experience a high rate of waste tires that are being dumped
illegally despite the fact that the City offers curbside bulky item pickup collection of used
tires from residential customers. The City also hosts residential community dump days
once a month which includes tire collections. In addition, to offset the influx of waste
tires, the City continues to address and identify those potential businesses and
individuals responsible for illegally dumping tires.
If awarded the City will have 24 months from the time of payment to expend the grant
funds.
Discussion
The Public Work’s department remains eligible to apply for recycling related grants and
payment programs from the State (CalRecycle). With Burrtec Waste Industries as the
City’s waste hauler, Burrtec will be in support of the continued waste tire cleanup
program. Staff has requested $10,000.00 from CalRecycle in the application.
CalRecycle does not guarantee actual funding amount until application is approved.
Fiscal Impact
This is a reimbursement grant. Therefore, the $10,000 requested will come out of the
City’s budget. The City will then be reimbursed through payment requests to
CalRecycle. Grant monies are only reimbursed if expended on waste tire related
programs.
Conclusion
Adopt a Resolution.
Attachments
Attachment 1 – Resolution
Attachment 2 – Application Guidelines
Ward: All
Synopsis of Previous Council Actions:
03/06/06 Reso 06-68 ratifying submittal of the Waste Tire Cleanup Grant
Application
02/20/07 Reso 07-64 authorizing submittal of Waste Tire Cleanup Grant
Application
03/07/11 Reso 11-57 ratifying submittal of Waste Tire Cleanup Grant
Application
01/23/12 Reso 12-18 authorizing submittal of Waste Tire Cleanup Grant
Application
03/17/14 Resolution No. 2014-67 was approved authorizing submittal of Waste
Tire Cleanup Grant application from the Department of Resources
Recycling and recovery (CalRecycle).
03/07/16 Resolution No. 2016-42 was approved authorizing submittal of Waste
Tire Cleanup Grant application from the Department of Resources
Recycling and recovery (CalRecycle).
(1)
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RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE COMPLETE SUBMISSION
OF THE APPLICATION FOR PAYMENT PROGRAMS FOR WASTE TIRE
CLEANUP OFFERED BY CALRECYCLE AND APPROVING RELATED
AUTHORIZATIONS.
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and
42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has
established various payment programs to make payments to qualifying jurisdictions; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish
procedures governing the administration of the payment programs; and
WHEREAS, CalRecycle’s procedures for administering payment programs require,
among other things, an applicant’s governing body to declare by Resolution certain
authorizations related to the administration of the payment program; and
WHEREAS, City proposes to utilize the grant funds to continue the collection and
proper disposal of illegally dumped waste tires throughout the City.
WHEREAS, the Public Works Department submitted an application by the initial
deadline of March 8, 2018 and needs to submit a signed resolution by the secondary
application deadline of April 5, 2018 to be considered for grant award.
NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager, or her designee, is authorized to complete the
application to CalRecycle for any and all payment programs for waste tire cleanup offered.
SECTION 2. The City Manager, or her designee, is hereby authorized as Signature
Authority to execute all documents necessary to implement and secure payments under the
waste tire cleanup grant.
SECTION 3. This authorization is effective until rescinded by the Signature Authority
or this governing body.
SECTION 4. That the Finance Director is authorized to amend the 18/19 budget if the
grant is awarded.
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(2)
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE COMPLETE SUBMISSION
OF THE APPLICATION FOR PAYMENT PROGRAMS FOR WASTE TIRE
CLEANUP OFFERED BY CALRECYCLE AND APPROVING RELATED
AUTHORIZATIONS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _____________________ meeting
thereof, held on the ____ day of ___________, 2018, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Gerogeann Hanna, City Clerk
The foregoing Resolution is hereby approved this __________ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz,
City Attorney
By:____________________
EXHIBIT “A”
INITIAL STUDY
FOR THE
WIDENING OF FORTIETH STREET
FROM JOHNSON STREET
TO ELECTRIC AVENUE PROJECT
Prepared for:
City of San Bernardino
290 North “D” Street
San Bernardino, California 92401
Prepared by:
Tom Dodson & Associates
2150 North Arrowhead Avenue
San Bernardino, California 92405
(909) 882-3612
November 2017
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
TABLE OF CONTENTS
Introduction......................................................................................................................................... 1
Environmental Factors Potentially Affected ....................................................................................... 4
Determination ..................................................................................................................................... 5
Environmental Checklist Form ........................................................................................................... 6
I. Aesthetics .......................................................................................................................... 8
II. Agricultural and Forestry Resources ................................................................................. 10
III. Air Quality .......................................................................................................................... 12
IV. Biological Resources ......................................................................................................... 22
V. Cultural Resources ............................................................................................................ 24
VI. Geology and Soils .............................................................................................................. 27
VII. Greenhouse Gas Emissions .............................................................................................. 30
VIII. Hazards and Hazardous Materials .................................................................................... 33
IXI. Hydrolo gy and Water Quality ............................................................................................. 36
X. Land Use and Planning ..................................................................................................... 40
XI. Mineral Resources ............................................................................................................. 41
XII. Noise .................................................................................................................................. 42
XIII. Population and Housing ..................................................................................................... 47
XIV. Public Services .................................................................................................................. 48
XV. Recreation .......................................................................................................................... 50
XVI. Transportation / Traffic ....................................................................................................... 51
XVII. Tribal Cultural Resources .................................................................................................. 54
XVIII. Utilities and Service Systems ............................................................................................ 56
XIV. Mandatory Findings of Significance ................................................................................... 59
Summary of Mitigation Measures ...................................................................................................... 61
References ......................................................................................................................................... 66
APPENDICES
Appendix 1 ‒ Air Quality
Appendix 2 ‒ IPaC
Appendix 3 ‒ Cultural Resources
Appendix 4 ‒ Soils
Appendix 5a-c ‒ Hydrology Data
TOM DODSON & ASSOCIATES Page ii
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
TABLE OF CONTENTS
FIGURES
Figure 1 Regional Location
Figure 2 Site Location
Figure 3 Site Plan
Figure II-1 Farmland Map
Figure IV-1 Potential Habitat for Sensitive Wildlife
Figure VI-1 Alquist-Priolo Study Zone
Figure VI-2 Regional Faults
Figure VI-3 Geologic Hazards Overlays
Figure VIII-1 GeoTracker (page 1)
Figure VIII-2 GeoTracker (page 2)
Figure VIII-3 GeoTracker (page 3)
Figure VIII-4 GeoTracker (page 4)
Figure VIII-5 San Bernardino International Airport Planning Boundaries
Figure VIII-6 Fire Hazard Areas
Figure IX-1 100-Year Floodplain
Figure IX-2 Seven Oaks Dam Inundation
Figure XI-1 Mineral Resources Zone
Figure XII-1 Future Roadway Noise Contours
TABLES
Table III-1 Ambient Air Quality Standards ................................................................................. 13
Table III-2 Project Area Air Quality Monitoring Summary (2011-2015)..................................... 16
Table III-3 Daily Emissions Thresholds ..................................................................................... 17
Table III-4 Construction Activity Equipment Fleet ..................................................................... 17
Table III-5 Construction Activity Emissions, Maximum Daily Emissions ................................... 18
Table III-6 LST and Project Emissions ...................................................................................... 19
Table VII-1 Construction Emissions ........................................................................................... 32
Table XII-1 Noise Levels of Construction Equipment at 25, 50 & 100 Feet from the Source .... 46
TOM DODSON & ASSOCIATES Page iii
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
INTRODUCTION
1. Project Title: Initial Study for the Widening of Fortieth Street from Johnson Street to
Electric Avenue Project
2. Lead Agency Name: City of San Bernardino
Address: 290 North “D” Street, San Bernardino, CA 92401
3. Contact Person: Chantal Power
Phone Number: (909) 384-7272 x3328; power_ch@sbcity.org
4. Project Location: The proposed project is located on Fortieth Street between
Johnson Street to Electric Avenue (92407) within the City of San
Bernardino in California. Figure 1 shows the regional location and
Figure 2 shows the site location.
5. Project Sponsor’s City of San Bernardino, Department of Public Works, 290 North
Name and Address: “D” Street, San Bernardino, CA 92401
6. General Plan Designation: The Project will primarily take place within existing right-of-
way. Roadways are considered infrastructure that do not
have specific general plan land use designations. However,
the widening of Fortieth Street will require encroaching on
some existing properties, all of which along Fortieth Street
between Electric Avenue and Johnson Street are designated
as Commercial General – 1 (CG-1).
7. Zoning: As stated above, the Project will take place within existing right-of-way, which is
considered infrastructure and does not have specific zoning classifications.
However, the widening of Fortieth Street will require encroaching on some
existing properties, all of which along Fortieth Street between Electric Avenue
and Johnson Street are zoned as Commercial General – 1 (CG-1).
8. Project Description:
The City of San Bernardino is proposing to widen Fortieth Street between Electric Avenue and
Johnson Street. Fortieth Street is currently a two-lane road—consisting of one lane in each
direction—through the Project area. Limited widening has previously occurred in some areas
within the Project area. The City seeks to enhance the capacity of Fortieth Street by widening it
to four lanes (ultimate width) from Electric Avenue (easternmost point) to Johnson Street
(westernmost point). Additionally, the City proposes to upgrade the existing traffic signal at
Fortieth and Electric Avenue with an enhanced signal and a revised sidewalk and crosswalk
configuration. When the Project is completed, Fortieth Street will be a four-lane arterial street
from Kendall Drive to the west and Valencia Avenue to the east.
At present the Electric Avenue intersection is an unusual shape, with a forced right-turn lane at
Fortieth Street traveling west. Under the proposed Project, this intersection will be modified to
TOM DODSON & ASSOCIATES Page 1
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
remove the forced right-turn lane and convert it into a through lane for the new four-lane road.
Expansion of the roadway to four-lanes at this location will require widening of the pavement,
construction of curb and gutter, and significant modifications to or removal of some property
owner constructed facilities. Along the north portion of Fortieth Street, several property
boundaries will be modified to incorporate land that extends into the proposed expanded right-
of-way into the Project footprint, Figure 3 illustrates the areas proposed within the proposed
four-lane right-of-way. Additionally, several trees will be removed as part of the street widening.
Please refer to Figure 3 for an illustration of the following Project components. The Project will
require relocating two existing fire hydrants: one at the northwest corner of Fortieth Street and
Electric Avenue, and another at the southeast corner of Severance Avenue. The Project will
upgrade the existing bus stop and construct a new bus pad on the south side of Fortieth Street
between Newmark Avenue and Severance Avenue. The Project proposes to construct two
catch basins on both sides of Fortieth Street just to the west of Electric Avenue. Several
overhead power lines will be relocated underground due to their current position within the
proposed new right-of-way. These overhead lines are proposed to be undergrounded prior to
construction.
Construction Scenario
Plans, Specifications, and Estimate will be complete December 2017. Right of way acquisition
will be complete December of 2018. The Project will be constructed in two phases. The first
phase will involve utility relocation, and the second phase will involve demolition and widening
the street. Hours of work will be from 7:00 AM to 3:30 PM on weekdays. The estimated start
date for Phase 1 is December 2019, with anticipated completion in January 2020. For the
undergrounding of the overhead power lines, an estimated eight personnel will be required.
Equipment will include one or more of the following: boom truck, excavator, backhoe, concrete
backfill truck, and miscellaneous service and delivery truck.
Phase 2 of the construction project is anticipated to start in January 2020 and conclude in July
2020. The anticipated construction crew will consist of ten to twenty personnel on site during
the construction period. Demolition will include removal of trees and structures on the north
side of 40th Street just west of Electric Avenue. For demolition of structures and tree removal,
an anticipated eight personnel will be required on site. Equipment will include one or more of
the following: bull dozer, hydro-hammer, front-end loader, dump truck, chipper, water truck, and
service truck. Major pieces of equipment to be engaged during construction will include one or
more of the following: pavement grinder and saw cut machines, earth excavators, backhoe,
boom truck, grader, water truck, front-end loader, compaction equipment, and service truck and
delivery vehicles for deposit of aggregate base and asphalt concrete and Portland cement
concrete.
The contractor will maintain one lane open in each direction throughout the construction
process, as well as access at all times for emergency vehicles and access to all driveways,
mailboxes, and the bus stop. The project will likely result in the export of earth from
construction of the new widened street, estimated at 2,000 cubic yards (CY).
TOM DODSON & ASSOCIATES Page 2
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
9. Surrounding land uses and setting:
• To the north of the right-of -way alignment the land use is Commercial General (CG-1);
• To the east of the right-of-way alignment the land uses are Residential Suburban (RS)
and Residential Medium (RM);
• To the south of the right-of-way alignment the land use is Commercial General (CG-1);
and
• To the west of the right-of-way alignment the land uses are Commercial General (CG-1)
and Public Flood Control (PFC).
The actual land use of several properties adjacent to the alignment differs from that which is
identified in the General Plan. Specifically, the properties along the northeast portion of Fortieth
Street are designated for Commercial General, but contain single-family residences at present,
and are therefore non-conforming uses.
10. Other agencies whose approval is required (e.g., permits, financing approval, or partici-
pation agreement.)
• Santa Ana Regional Water Quality Control Board (Storm Water Pollution Prevention
Plan/Water Quality Management Plan);
• South Coast Air Quality Management District;
• San Bernardino County Fire Department;
• Land Use Services-Building and Safety/Code Enforcement;
• Public Health-Environmental Services;
• City of San Bernardino Code Enforcement; and
• any other responsible agency that may have discretionary authority over all or a portion
of the project.
11. Have California Native American tribes traditionally and cultural affiliated with the project
area requested consultation pursuant to Public Resources Code section 21080.3.1? If so,
has consultation begun? Yes. AB 52 consultation was initiated in June of 2017. On June
27, 2017, an email was received from the San Manuel Band of Mission Indians requesting
a copy of the cultural report. A follow up email was received on September 12, 2017 from
the San Manuel Band of Mission Indians once they reviewed the cultural report. Mitigation
is provided to minimize impacts to Native American Cultural Resources under issue 17
Tribal Cultural Resources.
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and
project proponents to discuss the level of environmental review, identify and address potential adverse impacts
to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process.
(See Public Resources Code section 21083.3.2.) Information may also be available from the California Native
American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the
California Historical Resources Information System administered by the California Office of Historic
Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to
confidentiality.
TOM DODSON & ASSOCIATES Page 3
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
Aesthetics Agriculture and Forestry Resources Air Quality
Biological Resources Cultural Resources Geology / Soils
Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality
Land Use / Planning Mineral Resources Noise
Population / Housing Public Services Recreation
Transportation / Traffic Tribal Cultural Resources Utilities / Service Systems
Mandatory Findings of Significance
TOM DODSON & ASSOCIATES Page 4
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
DETERMINATION (To be completed by the Lead Agency)
On the basis of this initial evaluation, the following finding is made:
The proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
Although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have
been made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
The proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
Although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an
earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)
have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
Tom Dodson & Associates October 31, 2017
Prepared by Date
Lead Agency (signature) Date
TOM DODSON & ASSOCIATES Page 5
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project-specific factors as well as general standards
(e.g., the project will not expose sensitive receptors to pollutants, based on a project-
specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as
on-site, cumulative as well as project-level, indirect as well as direct, and construction as
well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then
the checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially
Significant Impact" to a "Less Than Significant Impact." The lead agency must describe
the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from "Earlier Analyses," as described in (5) below,
may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-specific
conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference
to the page or pages where the statement is substantiated.
TOM DODSON & ASSOCIATES Page 6
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
7) Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats;
however, lead agencies should normally address the questions from this checklist that are
relevant to a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
TOM DODSON & ASSOCIATES Page 7
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
I. AESTHETICS: Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c) Substantially degrade the existing visual character
or quality of the site and its surroundings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
SUBSTANTIATION
a. Less Than Significant Impact – Adverse impacts to scenic vistas can occur in one of two ways.
First, an area itself may contain existing scenic vistas that would be altered by proposed project. A
review of the project area determined that there are no scenic vistas located internally within the
project footprint of the widening of Fortieth Street from Johnson Street to Electric Avenue.
Therefore, implementation of the widening of Fortieth Street from Johnson Street to Electric
Avenue, with associated improvements, is not expected to impact any important scenic vistas within
the project area. A scenic vista impact can also occur when a scenic vista can be viewed from the
project area or immediate vicinity and a proposed project may interfere with the view to a scenic
vista. The City of San Bernardino General Plan identifies “Kendall Hills, San Bernardino Mountains,
the hillsides adjacent to Arrowhead Springs, Lytle Creek Wash, East Twin Creeks Wash, the Santa
Ana River, Badger Canyon, Bailey Canyon, and Waterman Canyon” as areas that could benefit
from sensitive treatment of the land within the City (City GP, pg. 12-22). The Project is not located
within any of the areas identified above, nor will the widening of Fortieth Street cause any
permanent impacts to views of the areas identified above. Given that no identified scenic vistas are
within the vicinity of the Project alignment and that the visual effects of street widening would not
substantially alter the views in the Project footprint in the long-term, implementation of the proposed
modification is not expected to cause any substantial adverse effects on any important scenic
vistas. This potential impact is considered a less than significant adverse aesthetic impact. No
mitigation is required.
b. Less That Significant Impact – The project footprint does not include a section of road that is
located within a scenic highway. According to the City of San Bernardino General Plan, the
majority of scenic highways are located in the mountain region to the north and east of the City.
The project footprint includes several trees, which will require removal as a result of the proposed
widened right-of-way; however, the City of San Bernardino does have a tree ordinance that protects
trees. This ordinance—19.28.100—states that “In the event that more than 5 trees are to be cut
down, uprooted, destroyed, or removed within a 36 month period, a permit shall first be issued by
the Department” (Community Development). The proposed project may remove more than 5 trees,
and should this occur the City will obtain a permit to remove these trees as a means of widening
this roadway corridor, which is considered a benefit to the City. Thus, through obtaining a permit to
remove these trees, if deemed necessary, the Project will not result in substantial damage to a
scenic resource. Additionally, no rock outcroppings or historic buildings exist on the site that could
be considered a scenic resource. Consequently, no significant adverse impact to a scenic resource
will occur. No mitigation is required.
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Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
c. Less Than Significant Impact – The widening of Fortieth Street from Johnson Street to Electric
Avenue, with associated improvements, is not anticipated to substantially degrade the existing
visual character or quality of the site and its surroundings. In essence, one urban roadway
segment will be replaced by a slightly altered roadway segment. The majority of the visual change
will occur in the form of a wider street, but the buildings adjacent to the street are anticipated to
remain essentially unchanged. The Project will include roadway improvements, which may
enhance the visual character of the site due to the poor condition of the roadway at this location.
Therefore, any impacts under this issue are considered less than significant and no mitigation is
required.
d. Less Than Significant Impact – The only new lighting associated with this Project would be the
installation of any additional new streetlights. The Project will re-lamp existing street light standards
with Type C Standard Lamp Heads (3 total); remove existing Luminaire and mast arm from the
existing power pull (4 total); and install new street light standard with 6 Type B and 5 Type C lights.
This amount and type of street lighting is congruent with the City’s General Plan Community Design
and Utilities Element (Policy 5.2.1 and 9.6.4), and would not create excessive light or glare,
particularly in this section of Fortieth Street, which is in an area with very few existing streetlights
and contains mixed use with residential and commercial uses. These streetlight improvements
would be consistent with that which would be expected in any mixed use corridor and therefore will
not result in a significant lighting impact to any nearby residents. No reflective materials or coatings
are associated with this Project. Due to the Project’s location within an existing urban setting, and
the lack of substantial new lighting, it is not anticipated that this project will create any substantial
new sources of light or glare. No significant impact associated with lighting or glare can be
identified and no mitigation is required.
TOM DODSON & ASSOCIATES Page 9
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
II. AGRICULTURE AND FORESTRY RESOURCES:
In determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on
agriculture and farmland. In determining whether
impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may
refer to information compiled by the California
Department of Forestry and Fire Protection regarding
the state’s inventory of forest land, including the Forest
and Range Assessment Project and the Forest Legacy
Assessment project; and forest carbon measurement
methodology provided in Forest Protocols adopted by
the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
SUBSTANTIATION
a. No Impact – The majority of the Project will occur within and adjacent to existing road rights-of-way
on Fortieth Street. Neither the Project footprint or the surrounding area are designated for
agricultural use; no agricultural activities exist in the project area; and there is no potential for
impact to any agricultural uses or values as a result of project implementation. According to the
maps prepared pursuant to the farmland mapping and monitoring program of the California
Resources Agency, no prime farmland, unique farmland, or farmland of statewide importance exists
within the vicinity of the proposed project (Figure II-1). No adverse impact to any agricultural
resources would occur from implementing the proposed project. No mitigation is required.
b. No Impact – There are no agricultural uses currently within the Project footprint or on adjacent
properties. A majority of the Project will occur within the existing roadway on Fortieth Street, though
TOM DODSON & ASSOCIATES Page 10
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
the surrounding properties are designated for Commercial General – 1 (CG-1) and are classified as
Commercial General – 1 (CG-1). No potential exists for a conflict between the proposed project
and agricultural zoning or Williamson Act contracts within the project area. No mitigation is
required.
c. No Impact – Please refer to issues a) and b) above. The project site is in an urbanized area and
neither the land use designation (Commercial General – 1) nor zoning classification (Commercial
General – 1) supports forest land or timberland uses or designations. No potential exists for a
conflict between the proposed project and forest/timberland zoning. No mitigation is required.
d. No Impact – There are no forest lands within the project area, which is because the project area is
completely urbanized. No potential for loss of forest land would occur if the project is implemented.
No mitigation is required.
e. No Impact – Because the project site and surrounding area do not support either agricultural or
forestry uses and, furthermore, because the project site and environs are not designated for such
uses, implementation of the proposed project would not cause or result in the conversion of
Farmland or forest land to alternative use. There is no farmland or forest land located in the vicinity
of the project roadway alignment. No adverse impact would occur. No mitigation is required.
TOM DODSON & ASSOCIATES Page 11
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
III. AIR QUALITY: Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
SUBSTANTIATION: The following information utilized in this section was obtained from the technical
study “Air Quality and GHG Impact Analysis, 40th Street Widening Project, San Bernardino, California”
prepared by Giroux & Associates dated September 9, 2017 and is provided as Appendix 1 in this Initial
Study.
a-c. Less Than Significant With Mitigation Incorporated – The proposed project is located within the
South Coast Air Basin (SCAB). The South Coast Air Quality Management District (SCQAMD) has
jurisdiction over air quality issues and regulations within SCAB. The SCQAMD has published its
CEQA Air Quality Handbook (CEQA Handbook) that identifies thresholds of significance for
emissions to assist local agencies if a project’s emissions could pose a significant threat to air
quality and air quality standards.
Air Quality Standards
Existing air quality is measured at established SCAQMD air quality monitoring stations. Monitored
air quality is evaluated and in the context of ambient air quality standards. These standards are the
levels of air quality that are considered safe, with an adequate margin of safety, to protect the public
health and welfare. National Ambient Air Quality Standards (NAAQS) and California Ambient Air
Quality Standards (CAAQS) currently in effect are shown in Table III-1.
The determination of whether a region’s air quality is healthful or unhealthful is determined by
comparing contaminant levels in ambient air samples to the state and federal standards presented
in Table III-1. The air quality in a region is considered to be in attainment by the state if the
measured ambient air pollutant levels for O3, CO (except 8-hour Lake Tahoe), SO2, NO2, PM10,
PM2.5, and visible reducing particles are not to be exceeded at any time in any consecutive three-
year period; all other values are not to be equaled or exceeded.
TOM DODSON & ASSOCIATES Page 12
Widening of Fortieth Street from
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Table III-1
AMBIENT AIR QUALITY STANDARDS
Pollutant Average Time California Standards 1 National Standards 2
Concentration 3 Method 4 Primary 3,5 Secondary 3,6 Method 7
Ozone (O3)
1 Hour 0.09 ppm
(180 µg/m3) Ultraviolet
Photometry
– Same as
Primary
Standard
Ultraviolet
Photometry 8 Hour 0.070 ppm
(137 µg/m3)
0.075 ppm
(147 µg/m3)
Respirable
Particulate
Matter (PM10)
24 Hour 50 µg/m3
Gravimetric or
Beta Attenuation
150 µg/m3 Same as
Primary
Standard
Inertial Separation
and Gravimetric
Analysis
Annual
Arithmetic
Mean
20 µg/m3 –
Fine Particulate
Matter (PM2.5)
24 Hour – – 35 µg/m3 Same as
Primary
Standard
Inertial Separation
and Gravimetric
Analysis Annual
Arithmetic
Mean
12 µg/m3 Gravimetric or Beta
Attenuation 15 µg/m3
Carbon
Monoxide
(CO)
1 Hour 20 ppm
(23 mg/m3)
Non-Dispersive
Infrared Photometry
(NDIR)
35 ppm
(40 mg/m3) –
Non-Dispersive
Infrared Photometry
(NDIR) 8 Hour 9 ppm
(10 mg/m3)
9 ppm
(10 mg/m3)
–
8 Hour
(Lake Tahoe) 6 ppm (7 g/m3) – –
Nitrogen
Dioxide (NO2) 8
1 Hour 0.18 ppm
(339 µg/m3 )
Gas Phase
Chemiluminescence
100 ppb
(118 pg/m3) –
Gas Phase
Chemiluminescence Annual
Arithmetic
Mean
0.030 ppm
(57 µg/m3)
0.053 ppm
(100 µg/m3)
Same as
Primary
Standard
Sulfur Dioxide
(SO2) 9
1 Hour 0.25 ppm
(655 µg/m3)
Ultraviolet
Fluorescence
75 ppb
(196 pg/m3) –
Ultraviolet
Flourescense;
Spectrophotometry
(Paraosaniline
Method)
3 Hour – – 0.5 ppm
(1300 µg/m3)
24 Hour 0.04 ppm
(105 µg/m3)
0.14 ppm
(for certain
areas) 9
–
Annual
Arithmetic
Mean
– 0.030 ppm
(for certain
areas) 9 –
Lead 8 10,11
30-Day
Average 1.5 µg/m3
Atomic Absorption
– – –
Calendar
Quarter –
1.5 µg/m3
(for certain
areas) 11 Same as
Primary
Standard
High Volume
Sampler and Atomic
Absorption Rolling
3-Month Avg – 0.15 µg/m3)
Visibility
Reducing
Particles 12
8 Hour See footnote 12
Beta Attenuation and
Transmittance through
Filter Tape No
Federal
Standards
Sulfates 24 Hour 25 µg/m3 Ion Chromatography
Hydrogen
Sulfide 1 Hour 0.03 ppm
(42 µg/m3)
Ultraviolet
Fluorescence
Vinyl
Chloride 10 24 Hour 0.01 ppm
(26 µg/m3) Gas Chromatography
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Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Footnotes
1 California standards for ozone, carbon monoxide (except Lake Tahoe), sulfur dioxide (1 and 24 hour), nitrogen dioxide,
suspended particulate matter – PM10, PM2.5, and visibility reducing particles, are values that are not to be exceeded. All
others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in
Section 70200 of Title 17 of the California Code of Regulations.
2 National standards (other than ozone, particulate matter, and those based on annual averages or annual arithmetic mean) are
not to be exceeded more than once a year. The ozone standard is attained when the fourth highest eight hour concentration in
a year, averaged over three years, is equal to or less than the standard. For PM10, the 24-hour standard is attained when the
expected number of days per calendar year, with a 24-hour average concentration above 150 μg/m3, is equal to or less than
one. For PM2.5, the 24-hour standard is attained when 98 percent of the daily concentrations, averaged over 3 years, are
equal to or less than the standard. Contact U.S. EPA for further clarification and current federal policies.
3 Concentration expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a
reference temperature of 25̊C and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a
reference temperature of 25̊C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of
pollutant per mole of gas.
4 Any equivalent procedure which can be shown to the satisfaction of the ARB to give equivalent results at or near the level of
the air quality standard may be used.
5 National Primary Standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health.
6 National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated
adverse effects of a pollutant.
7 Reference method as described by the EPA. An “equivalent method” of measurement may be used but must have a
“consistent relationship to the reference method” and must be approved by the EPA.
8 To attain the 1-hour national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum
concentrations at each site must not exceed 100 ppb. Note that the national 1-hour standard is in units of parts per billion
(ppb). California standards are in units of parts per million (ppm). To directly compare the national 1-hour standard to the
California standards the units can be converted from ppb to ppm. In this case, the national standard of 100 ppb is identical to
0.100 ppm.
9 On June 2, 2010, a new 1-hour SO2 standard was established and the existing 24-hour and annual primary standards were
revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum
concentrations at each site must not exceed 75 ppb. The 1971 SO2 national standards (24-hour and annual) remain in effect
until one year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971
standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are
approved.
Note that the 1-hour national standard is in units of parts per billion (ppb). California standards are in units of parts per million
(ppm). To directly compare the 1-hour national standard to the California standard the units can be converted to ppm. In this
case, the national standard of 75 ppb is identical to 0.075 ppm.
10 The ARB has identified lead and vinyl chloride as 'toxic air contaminants' with no threshold level of exposure for adverse health
effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations
specified for these pollutants.
11 The national standard for lead was revised on October 15, 2008 to a rolling 3-month average. The 1978 lead standard
(1.5 j.tg/m3 as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except
that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans
to attain or maintain the 2008 standard are approved.
12 In 1989, the ARB converted both the general statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility
standard to instrumental equivalents, which are "extinction of 0.23 per kilometer" and "extinction of 0.07 per kilometer" for the
statewide and Lake Tahoe Air Basin standards, respectively.
TOM DODSON & ASSOCIATES Page 14
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Baseline Air Quality
Existing and probable future levels of air quality in the project area can be best inferred from
ambient air quality measurements conducted by the South Coast Air Quality Management District
(SCAQMD) at its Central San Bernardino monitoring station. This station measures both regional
pollution levels such as dust (particulates) and smog, as well as levels of primary vehicular
pollutants such as carbon monoxide. Table III-2 summarizes the last five years of the published
data from the Central San Bernardino monitoring station.
Ozone and particulates are seen to be the two most significant air quality concerns. Ozone is the
primary ingredient in photochemical smog. Slightly more than 10 percent of all days exceed the
California one-hour standard. The 8-hour state ozone standard has been exceeded an average of
70 times a year, or 19 percent of all days, in the past five years. The federal 8-hour standard is
exceeded on slightly less than 11 percent of all days. For the last five years, ozone levels have
neither improved nor gotten noticeably worse. While ozone levels are still high, they are much lower
than 10 to 20 years ago. Attainment of all clean air standards in the project vicinity is not likely to
occur soon, but the severity and frequency of violations is expected to continue to slowly decline
during the current decade.
In addition to gaseous air pollution concerns, San Bernardino experiences frequent violations of
standards for 10-micron diameter respirable particulate matter (PM-10). High dust levels occur
during Santa Ana wind conditions, as well as from the trapped accumulation of soot, roadway dust
and byproducts of atmospheric chemical reactions during warm season days with poor visibility.
Table 3 shows that almost 12 days per year in the last five years experienced a violation of the
State PM-10 standard. However, the three-times less stringent federal standard has been exceed
only once in the past five years (during a regional wildfire event, which is excluded from making a
non-attainment finding).
A substantial fraction of PM-10 is comprised of ultra-small diameter particulates capable of being
inhaled into deep lung tissue (PM-2.5). Peak annual PM-2.5 levels are sometimes almost as high
as PM-10, which includes PM-2.5 as a sub-set. Approximately 4 days per year experience a
violation of the 24-hour standard of 35 µg/m3.
While many of the major ozone precursor emissions (automobiles, solvents, paints, etc.) have been
substantially reduced, most major PM-10 sources (construction dust, vehicular turbulence along
roadway shoulders, truck exhaust, etc.) have not been as effectively reduced. Prospects of
ultimate attainment of ozone standards are better than for particulate matter.
More localized pollutants such as carbon monoxide, nitrogen oxides, etc. are very low near the
project site because background levels, never approach allowable levels. There is substantial
excess dispersive capacity to accommodate localized vehicular air pollutants such as NOx or CO
without any threat of violating applicable AAQS.
Air Quality Planning
The proposed project does not directly relate to the AQMP in that there are no specific air quality
programs or regulations governing roadway (infrastructure) improvement projects. Conformity with
adopted plans, forecasts and programs relative to population, housing, employment and land use is
the primary yardstick by which impact significance of planned growth is determined. The
SCAQMD, however, while acknowledging that the AQMP is a growth-accommodating document,
does not favor designating regional impacts as less-than-significant just because the proposed
development is consistent with regional growth projections. Air quality impact significance for the
proposed project has therefore been analyzed on a project-specific basis.
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Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Table III-2
AIR QUALITY MONITORING SUMMARY (2011-2015)
(ESTIMATED NUMBER OF DAYS STANDARDS WERE EXCEEDED)
Pollutant/Standard 2011 2012 2013 2014 2015
Ozone
1-Hour > 0.09 ppm (S) 40 41 22 38 52
8-Hour > 0.07 ppm (S) 66 74 53 76 79
8- Hour > 0.075 ppm (F) 39 54 36 21 57
Max. 1-Hour Conc. (ppm) 0.135 0.124 0.139 0.121 0.134
Max. 8-Hour Conc. (ppm) 0.121 0.109 0.112 0.099 0.117
Carbon Monoxide
1-Hour > 20. ppm (S) 0 0 0 0 0
1-Hour > 9. ppm (S, F) 0 0 0 0 0
Max 8-Hour Conc. (ppm) 1.7 1.7 1.7 2.4 na
Nitrogen Dioxide
1-Hour > 0.18 ppm (S) 0 0 0 0 0
Max. 1-Hour Conc. (ppm) 0.069 0.067 0.072 0.070 0.071
Respirable Particulates (PM-10)
24-Hour > 50 µg/m3 (S) Estimated 12.3 6.6 11.5 12.0 19.2
24-Hour > 150 µg/m3 (F) 0 0 0 0 7.1
Max. 24-Hr. Conc. (µg/m3) 54. 51. 98. 131. 180.
Fine Particulates (PM-2.5) Estimated
24-Hour > 35 µg/m3 (F) 7.3 0.0 3.3 0.0 6.9
Max. 24-Hr. Conc. (µg/m3) 65.0 34.8 55.3 32.2 53.5
S=State Standard; F=Federal Standard; Source: Central San Bernardino SCAQMD Air Monitoring Summary (5203)
data: www.arb.ca.gov/adam/
Air Quality Impact
Because of the chemical complexity of primary versus secondary pollutants, the SCAQMD has
designated significant emissions levels as surrogates for evaluating regional air quality impact signi-
ficance independent of chemical transformation processes. Projects with daily emissions that
exceed any of the following emission thresholds are recommended by the SCAQMD to be
considered significant under CEQA guidelines. These daily emissions thresholds are included in
Table III-3.
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Widening of Fortieth Street from
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Table III-3
DAILY EMISSIONS THRESHOLDS
Pollutant Construction Operations
ROG 75 55
NOx 100 55
CO 550 550
PM-10 150 150
PM-2.5 55 55
SOx 150 150
Lead 3 3
Source: SCAQMD CEQA Air Quality Handbook, November, 1993 Rev.
Construction Activity Impacts
CalEEMod was developed by the SCAQMD to provide a model by which to calculate both
construction emissions and operational emissions from a variety of land use projects. It calculates
both the daily maximum and annual average emissions for criteria pollutants as well as total or
annual greenhouse gas (GHG) emissions.
Although exhaust emissions will result from on and off-site equipment, the exact types and numbers
of equipment will vary among contractors such that such emissions cannot be quantified with
certainty. Estimated construction emissions were modeled using CalEEMod2016.3.1 to identify
maximum daily emissions for each pollutant during project construction. Construction was modeled
in CalEEMod2013.2.2 using the construction schedule and equipment types specified by the project
engineer as shown in Table III-4.
Table III-4
CONSTRUCTION ACTIVITY EQUIPMENT FLEET
Phase Name and Duration Equipment
Demolition (2 months)
1 Generator for Chipper
1 Loader/Backhoe
1 Dozer
1 Hydro-hammer Rig
Utility Relocation (2 months)
2,000 CY Earthwork Export
250 Haul Truck Trips
1 Boom Truck
1 Excavator
1 Trencher
3 Loader/Backhoe
Paving: (5 months)
1 Pavement Grinder
1 Paver
1 Roller
1 Concrete Saw
1 Boom Truck
1 Grader
1 Loader/Backhoe
Utilizing this indicated equipment fleet and durations shown in Table III-4 the following worst case
daily construction emissions are calculated by CalEEMod and are listed in Table III-5.
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Widening of Fortieth Street from
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Table III-5
CONSTRUCTION ACTIVITY EMISSIONS
MAXIMUM DAILY EMISSIONS (POUNDS/DAY)
Maximal Construction Emissions ROG NOx CO SO 2 PM-10 PM-2.5
2018 2.6 23.6 19.3 0.0 7.6 3.9
SCAQMD Thresholds 75 100 550 150 150 55
Peak daily construction activity emissions are estimated be below SCAQMD CEQA thresholds
without the need for added mitigation.
Construction equipment exhaust contains carcinogenic compounds within the diesel exhaust
particulates. The toxicity of diesel exhaust is evaluated relative to a 24-hour per day, 365 days per
year, 70-year lifetime exposure. The SCAQMD does not generally require the analysis of
construction-related diesel emissions relative to health risk due to the short period for which the
majority of diesel exhaust would be generated. Health risk analyses are typically assessed over a
9-, 30-, or 70-year timeframe and not over a relatively brief construction period due to the lack of
health risk associated with such a brief exposure.
Localized Significant Thresholds
The SCAQMD has developed analysis parameters to evaluate ambient air quality on a local level in
addition to the more regional emissions-based thresholds of significance. These analysis elements
are called Localized Significance Thresholds (LSTs). LSTs were developed in response to
Governing Board’s Environmental Justice Enhancement Initiative 1-4 and the LST methodology
was provisionally adopted in October 2003 and formally approved by SCAQMD’s Mobile Source
Committee in February 2005.
Use of an LST analysis for a project is optional. For the proposed project, the only source of
possible LST impact would be during construction. LSTs are applicable for a sensitive receptor
where it is possible that an individual could remain for 24 hours such as a residence, hospital or
convalescent facility.
LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon
monoxide (CO), and particulate matter (PM-10 and PM-2.5). LSTs represent the maximum
emissions from a project that are not expected to cause or contribute to an exceedance of the most
stringent applicable federal or state ambient air quality standard, and are developed based on the
ambient concentrations of that pollutant for each source receptor area and distance to the nearest
sensitive receptor.
LST screening tables are available for 25, 50, 100, 200 and 500-meter source-receptor distances.
For this project the nearest sensitive receptors are the residential uses and school, adjacent to the
project site such that the most conservative 25-meter distance was modeled.
LST pollutant screening level concentration data is currently published for 1, 2 and 5-acre sites for
varying distances. For this project, the thresholds for a 3.6-acre site, as modeled in CalEEMod,
were interpolated.
The following thresholds and emissions in Table III-6 are therefore determined (pounds per day):
TOM DODSON & ASSOCIATES Page 18
Widening of Fortieth Street from
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Table III-6
LST AND PROJECT EMISSIONS (POUNDS/DAY)
LST 3.6 acre/25 meters
Central San Bernardino Valley CO NOx PM-10 PM-2.5
LST Threshold 1,360 220 10 6
Max On-Site Emissions* 19 24 8 4
Exceeds Threshold? No No No No
*Excludes on-road travel for truck haul (demo and grading), employee commuting and vendor deliveries
LSTs were compared to the maximum daily construction activities. As seen above, emissions will
meet the LSTs for construction thresholds without the need for additional mitigation
Construction activities are not anticipated to cause dust emissions to exceed SCAQMD CEQA
thresholds. Nevertheless, emissions minimization through enhanced dust control measures is
recommended for use because of the non-attainment status of the air basin. . The following
mitigation measures shall be implemented as Best Available Control Measures (BACMs) under
SCAQMD Rule 403:
AIR-1 Fugitive Dust Control
The following measures shall be incorporated into Project plans and
specifications for implementation:
• All clearing, grading, earth-moving, or excavation activities shall cease
when winds exceed 25 mph per SCAQMD guidelines in order to limit
fugitive dust emissions.
• The contractor shall ensure that all disturbed areas within the Project are
watered with complete coverage of disturbed areas at least two times a day,
preferably in the mid-morning, afternoon, and after work is done for the day.
Additional watering can be applied if fugitive dust is observed leaving the
project site.
• The contractor shall ensure that traffic speeds on the Project site are
reduced to 10 miles per hour or less.
• Plans, specifications and contract documents shall direct that a sign must
be posted on-site stating that construction workers shall not idle diesel
engines in excess of five minutes.
• During grading activity, all construction equipment greater than 150 horse-
power shall be California Air Resources Board (CARB) Tier 3 Certified.
• Only “Zero-Volatile Organic Compounds” paints (no more than 150
gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications
consistent with South Coast Air Quality Management District Rule 1113
shall be used when reservoirs are painted, if painted onsite.
• Install and maintain track out control devices in effective condition at all
access points where paved and unpaved access or travel routes intersect
(e.g., Install wheel shakers, wheel washers, and limit site access.)
• All roadways, driveways, sidewalks, etc., shall be completed as soon as
possible. In addition, reservoir pads shall be installed as soon as
possible after grading, unless seeding or soil binders are used in travel
areas.
• When materials are transported off-site, all material shall be covered,
effectively wetted to limit visible dust emissions, and at least six inches
of freeboard space from the top of the container shall be maintained.
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• All streets shall be swept at least once a day using SCAQMD Rule 1186
certified street sweepers if visible soil materials are carried to adjacent
streets.
• The contractor or builder shall designate a person or persons to monitor
the dust control program and to order increased watering, as necessary,
to prevent transport of dust offsite.
• Post a publicly visible sign with the telephone number and person to
contact regarding dust complaints. This person shall respond and take
corrective action within 24 hours.
• Any on-site stockpiles of debris, dirt or other dusty material shall be
covered or watered three times daily.
• Use electric construction equipment where technically feasible, i.e., a
competent electronic version of the equipment is commercially available.
Similarly, ozone precursor emissions (ROG and NOx) are calculated to be below SCAQMD CEQA
thresholds during construction. However, because of the non-attainment for photochemical smog,
the use of reasonably available control measures for diesel exhaust is recommended. The
following mitigation measures shall be implemented:
AIR-2 Exhaust Emissions Control
• Utilize well-tuned off-road construction equipment.
• Establish a preference for contractors using Tier 3-rated or better heavy
equipment.
• Enforce 5-minute idling limits for both on-road trucks and off-road equip-
ment.
With the implementation of these mitigation measures, any Project-related construction impacts will
remain less than significant.
Operational Impacts
As previously stated, the proposed project is a roadway improvement project; once constructed; the
proposed roadway will not in and of itself emit any pollutants. The proposed improved roadway will
provide a wider, safer and more efficient corridor for passengers, cyclists, and pedestrians to travel
within. Thus, the project does not propose any new uses that will generate additional air emissions
from the widened and improved roadway alignment. It is forecast that operational air emissions will
be similar to those that would occur without the project. Therefore, this project will not result in any
significant new long-term air quality impacts and no mitigation is required.
d. Less Than Significant Impact – Sensitive Receptors
Some people are especially sensitive to air pollution and are given special consideration when
evaluating air quality impacts from projects. These groups of people include children, the elderly,
and individuals with pre-existing respiratory or cardiovascular illness, and athletes and others who
engage in frequent exercise. Structures that house these persons or places where they gather to
exercise are defined as “sensitive receptors”; they are also known to be locations where an
individual can remain for 24 hours. The nearest sensitive receptors are the houses along the
widened roadway alignment. Based on the data compiled in Table III-6, the LST analysis indicates
that the Project would not exceed the SCAQMD localized significance thresholds during
construction or operations. Therefore sensitive receptors would not be adversely affected during
Project construction and because the roadway would function in a similar manner as it does at
present once constructed, sensitive receptors would not be adversely affected during operations.
Impacts under this issue are considered less than significant. No mitigation is required.
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e. Less Than Significant Impact – Odors
Substantial odor-generating sources include land uses such as agricultural activities, feedlots,
wastewater treatment facilities, landfills or various heavy industrial uses. The Project is a roadway
improvement project and does not propose any such uses or activities that would result in
potentially significant source odor impacts during either construction or operation of the roadway.
Impacts under this issue are considered less than significant. No mitigation is required.
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Widening of Fortieth Street from
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by
the California Department of Fish and Wildlife or U.S.
Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by the
California Department of Fish and Wildlife or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
SUBSTANTIATION: The following information utilized in this section of the Initial Study was obtained from
the U.S. Fish and Wildlife Service IPaC Trust Resources Report generated on March 24, 2017, pertaining
to the Widening of Fortieth Street between Johnson Street and Electric Avenue footprint only. This
document is provided as Appendix 2 to this document.
a. No Impact – The Project footprint of the widening of Fortieth Street from Johnson Street to Electric
Avenue, with associated improvements is entirely urbanized. The footprint consists of the existing
Fortieth Street roadway and adjacent sidewalk and businesses, and does not contain natural
habitat or a potential to support any candidate or special status species. There are several
landscape trees within the area of potential effect (APE); however, none are considered native or
species of concern. With no habitat or species of concern located within the project area, the
implementation of the Widening of Fortieth Street from Johnson Street to Electric Avenue Project
has no potential to impact any native biological resources. No mitigation is required.
b. No Impact – The Project footprint and surrounding area does not contain any riparian habitat or
other sensitive natural community resources. Therefore, no adverse impact to riparian habitat or
any native biological resources would occur from implementing the proposed project. No mitigation
is required.
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Widening of Fortieth Street from
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c. No Impact – According to the IPaC Trust Resources Report (Appendix 2), the Project area does not
contain any wetlands as defined by Section 404 of the Clean Water Act, or any other sensitive
natural community resource. Therefore, no impacts under this issue can occur, and no mitigation is
required.
d. No Impact – As indicated previously, the Project footprint and environs are completely urbanized;
no large areas of open space exist in the immediate project area that would facilitate wildlife
movement. The Little Mountain Basin is located to the southwest of the Project footprint, but this
basin is entirely surrounded by development and furthermore will not be impacted by implementing
the proposed Project. Additionally, wildlife movement would be constrained by the existing arterial
roadway system, which is inclusive of Fortieth Street, a major east-west roadway within the City.
Therefore, with no native habitat, and no wildlife corridors that traverse the Project APE,
implementation of the proposed project has no potential to interfere with the movement of native
animals of any kind, or to impede the use of any native wildlife nursery sites. No impacts to wildlife
movement would occur as a result of project implementation. No mitigation is required.
e. No Impact – The project area does not contain any native plants, including trees. There are
random trees scattered throughout the APE, but these non-native species that are not covered by
local policies or ordinances. Therefore, the proposed project does not have a potential to conflict
with any policies or ordinances that protect native biological resources. No conflicts will occur as a
result of project implementation. No mitigation is required.
f. No Impact – The area proposed for the widening of Fortieth Street from Johnson Street to Electric
Avenue, with associated improvements and surrounding area are not covered by an adopted
Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP), and there are
no other adopted plans to protect native habitats or natural communities that affect the project site.
According to the City of San Bernardino General Plan, the project is not in an area with potential
habitat for sensitive wildlife (Figure IV-1). No mitigation is required.
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
SUBSTANTIATION: A cultural resources report has been prepared to evaluate the potential for cultural
resources to occur within the project area of potential effect entitled “Historical/Archaeological Resources
Survey Report, 40th Street Widening Project, Johnson Street to Electric Avenue, City of San Bernardino,
San Bernardino County, California,” prepared by CRM TECH September 8, 2017 (Appendix 3). The
following summary information has been abstracted from this report. It provides an overview and findings
regarding the cultural resources found within the project area.
The purpose of the Cultural study is to provide the City with the necessary information and analysis to
determine whether the proposed project would cause substantial adverse changes to any “historical
resources,” as defined by CEQA, that may exist in the project area. In order to identify such resources,
CRM TECH conducted a historical/archaeological resources records search, pursued historical back-
ground research, and carried out a systematic field survey. As a result of these procedures, three of the
four buildings in the project area, located at 4004 Electric Avenue, 314 W. 40th Street, and 316 W. 40th
Street, all of them residential buildings dating to the 1944-1948 era, were recorded into the California
Historical Resources Inventory but were determined not to qualify as “historical resources,” as defined by
CEQA. The fourth building in the project area, a commercial property at 301 W. 40th Street, was not
formally recorded due to the severe loss of historic integrity. No other potential “historical resources” were
encountered within the project area. Based on these findings, no further cultural resources investigation
is recommended for the project unless construction plans undergo such changes as to include areas not
covered by this study. However, if buried cultural materials are encountered during any earth-moving
operations associated with the project, all work in that area should be halted or diverted until a qualified
archaeologist can evaluate the nature and significance of the finds.
a&b. Less Than Significant With Mitigation Incorporated – CEQA establishes that "a project that may
cause a substantial adverse change in the significance of a historical resource is a project that may
have a significant effect on the environment" (PRC §21084.1). "Substantial adverse change,"
according to PRC §5020.1(q), "means demolition, destruction, relocation, or alteration such that the
significance of a historical resource would be impaired."
Per the above discussion and definition, no archaeological sites or isolates were recorded within
the Project boundaries; thus, none of them requires further consideration during this study. In light
of this information and pursuant to PRC §21084.1, the following conclusions have been reached for
the Project:
• No historical resources within or adjacent to the Project area have any potential to be disturbed
as they are not within the proposed area in which the facilities will be constructed and
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Widening of Fortieth Street from
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developed, and thus, the Project as it is currently proposed will not cause a substantial adverse
change to any known historical resources.
• No further cultural resources investigation is necessary for the proposed project unless
construction plans undergo such changes as to include areas not covered by this study.
However, if buried cultural materials are discovered during any earth-moving operations associated
with the Project, the following mitigation measure shall be implemented:
CUL-1 Should any cultural resources be encountered during construction of these
facilities, earthmoving or grading activities in the immediate area of the finds
shall be halted and an onsite inspection shall be performed immediately by a
qualified archaeologist. Responsibility for making this determination shall be
with the City’s onsite inspector. The archaeological professional shall
assess the find, determine its significance, and make recommendations for
appropriate mitigation measures within the guidelines of the California
Environmental Quality Act.
With the above mitigation incorporation, as well as the mitigation identified under Tribal Cultural
Resources below, the potential for impacts to cultural resources will be reduced to a less than
significant level. No additional mitigation is required.
c. Less Than Significant With Mitigation Incorporated ‒ The potential for discovering paleontological
resources during development of the Project is considered highly unlikely based on the fact that the
site has been previously engineered and disturbed at depth. No unique geologic features are
known or suspected to occur on or beneath the sites. Native American input during this study did
not identify any sites of traditional cultural value in the immediate vicinity of the APE. The
subsurface sediments in the vertical APE appear to be low in sensitivity for potentially significant
archaeological remains in buried deposits. However, because the Project has not been surveyed in
recent history, and the fact that these resources are located beneath the surface and can only be
discovered as a result of ground disturbance activities, the following measure shall be implemented:
CUL-2 Should any paleontological resources be encountered during construction of
these facilities, earthmoving or grading activities in the immediate area of the
finds shall be halted and an onsite inspection should be performed
immediately by a qualified paleontologist. Responsibility for making this
determination shall be with the City’s onsite inspector. The paleontological
professional shall assess the find, determine its significance, and make
recommendations for appropriate mitigation measures within the guidelines
of the California Environmental Quality Act.
With incorporation of this contingency mitigation, as well as the mitigation identified under Tribal
Cultural Resources below, the potential for impact to paleontological resources will be reduces to a
less than significant level. No additional mitigation is required.
d. Less Than Significant With Mitigation Incorporated – As noted in the discussion above, no available
information suggests that human remains may occur within the APE and the potential for such an
occurrence is considered very low. State law (Section 7050.5 of the Health and Safety Code) as
well as local laws requires that the Police Department, County Sheriff and Coroner’s Office receive
notification if human remains are encountered. However, the following mitigation measure shall be
implemented to ensure that construction related activities protect such findings:
CUL-3 Should human remains or funerary objects be encountered during any
activities associated with the project, work in the immediate vicinity (within a
100-foot buffer of the find) shall cease and the County Coroner shall be
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contacted pursuant to State Health and Safety Code §7050.5 and that code
enforced for the duration of the project.
With the implementation of the above mitigation measure, any impacts under this issue are
considered less than significant.
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
VI. GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
$ Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
$ Strong seismic ground shaking?
$ Seismic-related ground failure, including
liquefaction?
$ Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in onsite or offsite land-
slide, lateral spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
SUBSTANTIATION
a. Ground Rupture
Less Than Significant Impact – The Project is located in the City of San Bernardino, which is
located between several active faults, including the San Andreas Fault and the San Jacinto Faults,
which are both classified as Alquist-Priolo Special Study Zones under the Alquist-Priolo Earthquake
Fault Zoning Act. Figure VI-1 shows where these faults are located as indicated by the City of San
Bernardino General Plan. According to Figure VI-1, the Project is not located within an Alquist-
Priolo Special Study Zone, but is adjacent to (southwest of) the San Andreas Fault System’s
Alquist-Priolo Special Study Zone. Based on this information, the risk for ground rupture at the
Project location is low; furthermore, the Project will not include any human occupancy structures,
but will widen an existing road. The design and construction of roads and associated infrastructure
is controlled by both state and local design construction standards. Compliance with these
standards and requirements of the City is mandatory and considered adequate mitigation for
potential impacts associated with this Project. Therefore, the potential for this Project to expose
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Widening of Fortieth Street from
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people or property to the hazard of earthquake fault rupture considered less than significant. No
mitigation is required.
Strong Seismic Ground Shaking
Less Than Significant Impact – As stated in the discussion above, several faults run through the
City, and as with much of southern California, the proposed widened road will be subject to strong
seismic ground shaking impacts should any major earthquakes occur in the future, particularly due
to the site’s proximity to the San Andreas Fault, as shown in Figure VI-2, which depicts the City’s
General Plan Map of fault zones, faults, and type of faults that traverse through the City. However,
as stated in the preceding section, no human occupancy structures are proposed as part of the
Project, and the design and construction of the roads and associated infrastructure must comply
with both state and local (City) standards and requirements. This is considered adequate mitigation
for potential impacts associated with the Project’s potential to expose people or property to a high
potential or risk of loss, injury, or death from strong groundshaking or ground failure. Therefore,
impacts associated with strong ground shaking will be less than significant without mitigation.
Seismic-Related Ground Failure Including Liquefaction
No Impact – According to the map prepared for the San Bernardino County Land Use Plan General
Plan Geologic Hazard Overlays (Figure VI-3), the Project is not located in an area that is
considered susceptible to seismic-related ground failure, including liquefaction. Therefore, the
Project will not expose people or structures to potential substantial adverse effects, including the
risk of loss, injury, or death involving landslides. No impacts under this issue are anticipated and no
mitigation is required. No mitigation is required.
Landslides
No Impact – According to the map prepared for the San Bernardino County Land Use Plan General
Plan Geologic Hazard Overlays (Figure VI-3), the Project is not located in an area that is
considered susceptible to landslides. Based on a site reconnaissance the APE is essentially flat,
and does not propose any human occupancy structures. Therefore, the Project will not expose
people or structures to potential substantial adverse effects, including the risk of loss, injury, or
death involving landslides. No impacts under this issue are anticipated and no mitigation is
required.
b. Less Than Significant With Mitigation Incorporation – The Project area has been graded,
compacted, and paved with asphalt and is relatively flat because the majority of the APE consists of
an existing road and adjacent sidewalk/businesses. The widening of roads and construction of
associated infrastructure will result in some land disturbance in the areas that will require removal
of sidewalk or land encroachment to accommodate a wider road. No substantial change in existing
drainage pattern or runoff from the widened roadway will increase slightly drive to the increase in
impervious surface will result from this Project. Adequate drainage facilities exist or will be
developed/relocated by this Project to accommodate future drainage flows. This Project will result in
the disturbance of more than one acre of land and will require filing a Notice of Intent (NOI),
securing a National Pollutant Discharge Elimination System (NPDES), general construction
stormwater discharge permit, and preparation and implementation of a Stormwater Pollution
Prevention Plan (SWPPP) that is reviewed and approved by the City. The SWPPP will include but
not be limited to the following measures to mitigate potential impacts associated with erosion and
surface water quality degradation during construction:
GEO-1 Stored backfill material shall be covered with water resistant material during
periods of heavy precipitation to reduce the potential for rainfall erosion of
the material. If covering is not feasible, then measures such as the use of
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Widening of Fortieth Street from
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straw bales or sand bags shall be used to capture and hold eroded material
on the project site for future cleanup.
GEO-2 Excavated areas shall be properly backfilled and compacted. Paved areas
disturbed by this project will be repaved in such a manner that roadways and
other disturbed areas are returned to as near the pre-project condition as is
feasible.
GEO-3 All exposed, disturbed soil (trenches, stored backfill, etc.) will be sprayed
with water or soil binders twice a day or more frequently if fugitive dust is
observed migrating from the site within which the water facilities are being
installed.
GEO-4 The length of trench which can be left open at any given time will be limited
to that needed to reasonably perform construction activities. This will serve
to reduce the amount of backfill stored onsite at any given time.
With implementation of the above mitigation measures, any impacts are considered less than
significant. No further mitigation is necessary.
c. Less Than Significant Impact – The Project site is generally flat. The Project site is currently
developed with the existing asphalt paved roadway, concrete sidewalk, or is generally flat in areas
in which the widened right-of-way encroach upon developed yards or front-lots. The proposed
widened road will involve removal of sidewalk and front-lots within the right of way, and three
structures will be demolished between Lorraine Drive and Electric Avenue. As discussed under
issue VI(a) above, liquefaction is not of concern at the site, as shown in the San Bernardino County
Land Use Plan General Plan Geologic Hazard Overlays (Figure VI-3), and is underlain by soils that
have a low shrink swell potential as it is underlain by Hanford series soils, which are well drained1
(Appendix 4-Soils). Thus, based on the above information, the proposed project is not located on a
geologic unit that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse.
Any impacts under this issue are considered less than significant. No mitigation is required.
1https://soilseries.sc.egov.usda.gov/OSD_Docs/H/HANFORD.html
d. Less Than Significant Impact – The Project footprint is predominantly flat and its surface is primarily
asphalt or concrete covered, and the surrounding development is primarily commercial in nature.
According to the to the United States Department of Agriculture Web Soil Survey, the project Area
of Potential Effect (APE) is underlain by Hanford course loamy sand, with minimal Tujunga loamy
sand and Tujunga gravelly loamy sand on the eastern and western outskirts of the site. This soil
class is well drained, and is in a low runoff class. Therefore, the widening of Fortieth Street from
Electric Avenue to Johnson Street will not create a substantial risk to life or property by being
placed on expansive soils because none exist on the site. Any impacts are considered less than
significant. No mitigation is required.
e. No Impact – The Project does not propose any septic tanks or alternative wastewater disposal
systems. Therefore, determining if the Project site soils are incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal systems where sewers are not available for
the disposal of wastewater does not apply. No impacts are anticipated. No mitigation is required.
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Widening of Fortieth Street from
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
VII. GREENHOUSE GAS EMISSIONS: Would the
project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
SUBSTANTIATION: The following information utilized in this section was obtained from the technical
study “Air Quality and GHG Impact Analysis, 40th Street Widening Project, San Bernardino, California”
prepared by Giroux & Associates dated September 9, 2017 and is provided as Appendix 1 in this Initial
Study.
a&b. Less Than Significant Impact – “Greenhouse gases” (so called because of their role in trapping
heat near the surface of the earth) emitted by human activity are implicated in global climate
change, commonly referred to as “global warming.” These greenhouse gases contribute to an
increase in the temperature of the earth’s atmosphere by transparency to short wavelength visible
sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation in some parts of the
infrared spectrum. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous
oxide, ozone, and water vapor. For purposes of planning and regulation, Section 15364.5 of the
California Code of Regulations defines GHGs to include carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Fossil fuel consumption in the
transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single
largest source of GHG emissions, accounting for approximately half of GHG emissions globally.
Industrial and commercial sources are the second largest contributors of GHG emissions with about
one-fourth of total emissions.
California has passed several bills and the Governor has signed at least three executive orders
regarding greenhouse gases. GHG statues and executive orders (EO) include AB 32, SB 1368,
EO S-03-05, EO S-20-06 and EO S-01-07. AB 32 is one of the most significant pieces of
environmental legislation that California has adopted. Among other things, it is designed to
maintain California’s reputation as a “national and international leader on energy conservation and
environmental stewardship.” It will have wide-ranging effects on California businesses and
lifestyles as well as far reaching effects on other states and countries. A unique aspect of AB 32,
beyond its broad and wide-ranging mandatory provisions and dramatic GHG reductions are the
short time frames within which it must be implemented. Major components of the AB 32 include:
• Require the monitoring and reporting of GHG emissions beginning with sources or categories of
sources that contribute the most to statewide emissions.
• Requires immediate “early action” control programs on the most readily controlled GHG
sources.
• Mandates that by 2020, California’s GHG emissions be reduced to 1990 levels.
• Forces an overall reduction of GHG gases in California by 25-40%, from business as usual, to
be achieved by 2020.
• Must complement efforts to achieve and maintain federal and state ambient air quality
standards and to reduce toxic air contaminants.
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Statewide, the framework for developing the implementing regulations for AB 32 is under way.
Maximum GHG reductions are expected to derive from increased vehicle fuel efficiency, from
greater use of renewable energy and from increased structural energy efficiency. Additionally,
through the California Climate Action Registry (CCAR now called the Climate Action Reserve),
general and industry-specific protocols for assessing and reporting GHG emissions have been
developed. GHG sources are categorized into direct sources (i.e. company owned) and indirect
sources (i.e. not company owned). Direct sources include combustion emissions from on-and off-
road mobile sources, and fugitive emissions. Indirect sources include off-site electricity generation
and non-company owned mobile sources.
In response to the requirements of SB97, the State Resources Agency developed guidelines for the
treatment of GHG emissions under CEQA. These new guidelines became state laws as part of
Title 14 of the California Code of Regulations in March 2010. The CEQA Appendix G guidelines
were modified to include GHG as a required analysis element. A project would have a potentially
significant impact if it:
• Generates GHG emissions, directly or indirectly, that may have a significant impact on the
environment, or,
• Conflicts with an applicable plan, policy or regulation adopted to reduce GHG emissions.
Section 15064.4 of the Code specifies how significance of GHG emissions is to be evaluated. The
process is broken down into quantification of project-related GHG emissions, making a
determination of significance, and specification of any appropriate mitigation if impacts are found to
be potentially significant. At each of these steps, the new GHG guidelines afford the lead agency
with substantial flexibility.
Emissions identification may be quantitative, qualitative or based on performance standards.
CEQA guidelines allow the lead agency to “select the model or methodology it considers most
appropriate.” The most common practice for transportation/combustion GHG emissions
quantification is to use a computer model such as CalEEMod, as was used in the ensuing analysis.
The significance of those emissions then must be evaluated; the selection of a threshold of
significance must take into consideration what level of GHG emissions would be cumulatively
considerable. The guidelines are clear that they do not support a zero net emissions threshold. If
the lead agency does not have sufficient expertise in evaluating GHG impacts, it may rely on
thresholds adopted by an agency with greater expertise.
In September 2010, the SCAQMD CEQA Significance Thresholds GHG Working Group released a
proposal, which recommended a threshold of 3,000 MT CO2e for all land use projects. This 3,000
MT/year recommendation has been used as a guideline for this analysis. In the absence of any
other adopted numerical threshold of significance, project related GHG emissions in excess of this
guideline level are presumed to trigger a requirement for enhanced GHG reduction at the project
level.
Construction Activity GHG Emissions
The project is assumed to require less than one year to construct. During project construction, the
CalEEMod2016.2.1 computer model predicts that the construction activities will generate the
annual CO 2 e emissions identified in Table VII-1.
TOM DODSON & ASSOCIATES Page 31
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Table VII-1
CONSTRUCTION EMISSIONS (METRIC TONS CO 2 E)
CO 2 e
Year 2018 253.0
Amortized 8.4
CalEEMod Output provided in Appendix 1
SCAQMD GHG emissions policy from construction activities is to amortize emissions over a 30-year
lifetime. The amortized level is also provided. GHG impacts from construction are considered less than
significant. The project is not forecast to generate operational GHG emission because it will function as a
widened roadway much as it functions at present.
TOM DODSON & ASSOCIATES Page 32
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
VIII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
SUBSTANTIATION
a&b. Less Than Significant With Mitigation Incorporated – During construction of proposed Project,
hazardous or potentially hazardous materials will be routinely handled in small quantities on the
project site. These hazardous materials would include gasoline, diesel fuel, lubricants, and other
petroleum‐based products used to operate and maintain construction equipment and vehicles;
therefore, there is a potential for accidental release of petroleum products in sufficient quantity to
pose a significant hazard to people or the environment. A permitted and licensed service provider
will conduct the removal of such hazardous materials; any handling, transporting, use or disposal of
hazardous materials would comply with all applicable federal, State, and local agencies and
regulations. In order to ensure that no accidental releases of hazardous or potentially hazardous
materials occur during construction, the following mitigation measure will be incorporated into the
SWPPP prepared for the Project and it can reduce such a hazard to a less than significant level.
TOM DODSON & ASSOCIATES Page 33
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
HAZ-1 All spills or leakage of petroleum products during construction activities will
be remediated in compliance with applicable state and local regulations
regarding cleanup and disposal of the contaminant released. The conta-
minated waste will be collected and disposed of at an appropriately licensed
disposal or treatment facility. This measure will be incorporated into the
SWPPP prepared for the Project development.
The Project will require the demolition and removal of structures on the three parcels between
Lorraine Drive and Electric Avenue in order to accommodate the widened road. There is a
possibility that potentially hazardous materials such as asbestos containing materials, lead based
paint, etc. may be encountered during the demolition of these structures. If any hazardous or
potentially hazardous materials are encountered, their removal will be conducted by contractors
licensed and permitted to handle these materials in accordance with all applicable federal, state,
and local regulations. However, in order to prevent any significant impacts from occurring as a
result of the mini-mart’s demolition, the following mitigation measure will be implemented:
HAZ-2 Prior to the demolition of the structures, which will be demolished as a part of
the project, the structures shall be evaluated for the presence of ACM, lead-
based paints, and PCBs prior to its demolition. The evaluation shall be
conducted by a Cal-OSHA certified contractor; any hazardous materials that
are identified shall be removed by a Cal-OSHA certified contractor to be
transported and disposed of offsite and in accordance with regulatory
requirements.
Once the street widening is complete, there is no potential for a new source of routine transport or
use of substantial volumes of hazardous materials or routine generation of hazardous waste with
the exception of any future necessary road maintenance. The road itself acts as a means of
transport for vehicles carrying various materials at present and will continue to do so once widened.
There will be no greater risk than that which presently exists within this corridor as a result of
implementation of the proposed road-widening project; based on the development of a better road,
risk should be reduced from that which exists at present. Therefore, the Project’s potential to either
create a significant hazard to the public or the environment through the routine transport, use, or
disposal of hazardous materials, or create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment are considered less than significant. No further mitigation is
required.
c. Less Than Significant With Mitigation Incorporated – The nearest school is Arrowhead Elementary
School, which is located approximately 1,000 feet south of the Electric Avenue and Fortieth Street
intersection at 3825 N Mountain View Ave, San Bernardino, CA 92405. As previously stated, all
hazardous or potentially hazardous materials would comply with all applicable federal, state, and
local agencies and regulations pertaining to the handling and use of hazardous materials.
Adherence to these policies and regulations, as well as the implementation of the above mitigation
measures will ensure that the Project will not emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing or
proposed school during either construction or operations of the Project. Additionally, once in
operation the widened roadway will function much as it does at present, thus, with implementation
of mitigation measure HAZ-1 and HAZ-2, adherence to federal, state, and local laws regarding
hazardous materials and roadway construction, impacts under this issue are considered less than
significant.
d. Less Than Significant Impact – The proposed Project is located within an existing roadway and
surrounding properties within the Fortieth Street corridor between Johnson Street and Electric
Avenue. The project will not be located on a site that is included on a list of hazardous materials
TOM DODSON & ASSOCIATES Page 34
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
sites that are currently under remediation. According to the California State Water Board’s
GeoTracker website (consistent with Government Code Section 65962.5), which provides informa-
tion regarding Leaking Underground Storage Tanks (LUST), there are no locations within a 1,000
foot radius of any of the proposed project facilities that is identified as Leaking Underground
Storage Tank (LUST) site (Figure VIII-1 and VIII-2). The nearest LUST sites are located
approximately 2,250 feet from the easternmost point in the alignment, and approximately 2,250 feet
from the westernmost point in the alignment. These cases are considered remediated and have
therefore been cleaned up and pose no further threat to the public (Figure VIII-3 and VIII-4).
Therefore, the proposed widening of Fortieth Street between Johnson Street and Electric Avenue
will not create a significant hazard to the population or to the environment from their imple-
mentation. No significant impacts are anticipated. No mitigation is required.
e. No Impact – The nearest public airport is the San Bernardino International Airport approximately 5
miles to the southeast of the Project area. According to the City of San Bernardino General Plan
San Bernardino International Airport Planning Boundaries map—provided as Figure VIII-5—the
project site is not located within the designated planning boundary; therefore, the project area has
no potential to cause or experience any routine or substantial adverse impact related to public
airport operations. No impacts will occur as a result of project implementation and no mitigation is
required.
f. No Impact – There are no private airstrips located within two miles of the Project footprint.
Therefore, the project area has no potential to cause or experience any adverse impact related to
private airstrip operations. No impacts will occur as a result of project implementation.
g. Less Than Significant Impact – The corridor within Fortieth Street in which this Project proposes to
widen is not within any identified evacuation route located within the City of San Bernardino as
indicated by the San Bernardino County Mountain Area Safety Taskforce (MAST). In the long term,
road improvements are considered a benefit to emergency response and evacuation. Refer to the
Transportation/Traffic Section of this document, Section XVI. Mitigation to address any potential
traffic disruption and emergency access during construction issues is included in this section.
Therefore, the potential for the development of the Project to physically interfere with any adopted
emergency response plans, or evacuation plans is considered a less than significant impact with
mitigation incorporated. No further mitigation is required.
http://www.sbcounty.gov/calmast/sbc/html/emergency_plan_routes.asp
h. No Impact – According to the Fire Hazard Areas map gathered from the Safety Element of the
City’s General Plan (Figure VIII-6), the proposed Project site is not located in an area of concern for
fire hazards. Therefore, Project implementation would not result in a potential to expose people or
structures to fire hazards. No impacts are anticipated; no mitigation measures are required.
TOM DODSON & ASSOCIATES Page 35
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
IX. HYDROLOGY AND WATER QUALITY: Would the
project:
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such
that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the
production rate of pre-existing nearby wells would drop
to a level which would not support existing land uses or
planned uses for which permits have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation onsite or
offsite?
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner which
would result in flooding onsite or offsite?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
SUBSTANTIATION
a. Less Than Significant With Mitigation Incorporated – The proposed widening of Fortieth Street
between Johnson Street and Electric Avenue will occur within a developed roadway alignment, and
the fully developed area surrounding the existing road. The surface upon which the road will be
widened is mostly flat, containing asphalt or concrete, as well as some compacted dirt and
landscaped areas. For a developed area, the only three sources of potential violation of water
quality standards or waste discharge requirements are from generation of municipal wastewater;
from stormwater runoff; and potential discharges of pollutants, such as accidental spills. Municipal
TOM DODSON & ASSOCIATES Page 36
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
wastewater is delivered to San Bernardino Municipal Water Department’s Water Reclamation Plant
(WRP) and meets the waste discharge requirements imposed by the Santa Ana Regional Water
Quality Control Board (RWQCB). To address stormwater and accidental spills within this
environment, any new project must ensure that site development implements a Storm Water
Pollution Prevention Plan (SWPPP) to control potential sources of water pollution that could violate
any standards or discharge requirements during construction and a Water Quality Management
Plan (WQMP) to ensure that project-related long term surface runoff meets regional discharge
requirements. The project area as it presently exists is mostly impervious because it has been
previously paved and compacted, with all water discharging into existing storm drains within the
existing and adjacent roadways. According to the data gathered by the project engineer, the
receiving storm drain facility in Electric Avenue has adequate capacity to handle the additional flows
that may result from widening the roadway (Appendix 5a-5c). Please refer to the discussion under
issues IX(c-e) below. The SWPPP would specify the Best Management Practices (BMPs) that the
Project would be required to implement during construction activities to ensure that all potential
pollutants of concern are prevented, minimized, and/or otherwise appropriately treated prior to
being discharged from the subject area. Compliance with the terms and conditions of the NPDES
and the SWPPP is mandatory and is judged adequate mitigation by the regulatory agencies for
potential impacts to stormwater during construction activities. Furthermore, the project will construct
several storm drains and catch basins that will flow into a receiving storm drain facility in Electric
Avenue, and in accordance with the City of San Bernardino’s adopted policy, all catch basins will be
equipped with trash capture inserts to comply with the Regional Board and NPDES requirements,
which will consist of metal screen drop inlets. Implementation of the following mitigation measure is
also considered adequate to reduce potential impacts to stormwater runoff to a less than significant
level.
HYD-1 The City shall require that the construction contractor prepare and implement
a Storm Water Pollution Prevention Plan (SWPPP) which specifies Best
Management Practices (BMPs) that will prevent all construction pollutants
from contacting stormwater and with the intent of keeping all products of
erosion from moving offsite into receiving waters. The SWPPP shall include
a Spill Prevention and Cleanup Plan that identifies the methods of containing,
cleanup, transport and proper disposal of hazardous chemicals or materials
released during construction activities that are compatible with applicable
laws and regulations. BMPs to be implemented in the SWPPP may include
but not be limited to:
• The use of silt fences;
• The use of temporary stormwater desilting or retention basins;
• The use of water bars to reduce the velocity of stormwater runoff;
• The use of wheel washers on construction equipment leaving the site;
• The washing of silt from public roads at the access point to the site to
prevent the tracking of silt and other pollutants from the site onto public
roads;
• The storage of excavated material shall be kept to the minimum
necessary to efficiently perform the construction activities required.
Excavated or stockpiled material shall not be stored in water courses or
other areas subject to the flow of surface water; and
• Where feasible, stockpiled material shall be covered with waterproof
material during rain events to control erosion of soil from the stockpiles.
With implementation of the above mitigation measure, these mandatory Plans and their BMPs, as
well as mitigation measure HAZ-1 above which addresses remediation and contamination concerns
from any potential leakage or spills of petroleum products onsite, the Project would have a less than
significant impact under this issue. No further mitigation is required.
TOM DODSON & ASSOCIATES Page 37
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
b. Less Than Significant Impact – The Project does not propose the installation of any water wells that
would directly extract groundwater and the change in pervious surfaces to impervious surfaces will
be minimal because the Project will mostly occur within an existing paved roadway. The remaining
areas consist of concrete and compacted dirt and grass, most of which is impervious or only slightly
pervious. The Project is located within the Bunker Hill Basin. The groundwater depth is
substantially below the ground surface and will not be encountered during construction of the
Project. Maximum thickness of the upper aquifer is approximately 350 feet, and maximum
thickness of the lower aquifer is approximately 650 feet. The proposed Project will create limited
additional impervious surface compared to that which presently exists within the project footprint.
Because of the lack of pervious surface within the Project area, the widening of Fortieth Street
between Electric Avenue and Johnson Street the Project footprint does not serve as a location for
significant groundwater recharge. Once Fortieth Street has been widened, the Project will not
require any water to function; therefore, the Project will not substantially deplete groundwater
supplies or interfere substantially with groundwater recharge such that there would be a net deficit
in aquifer volume or a lowering of the local groundwater table level. Therefore, impacts under this
issue are considered less than significant and no mitigation is required.
c-e. Less Than Significant Impact – No substantial impact to drainage patterns or structures will result
from implementing this project. The improved roadways will generate essentially the same amount
of stormwater and the drainage pattern will remain essentially the same. Appendix 5a-5c to this
document depicts the storm drain and curb and gutter improvements proposed within the entirety of
the Alignment. The widened roadway and new curb and gutter, with two new catch basins will be
designed and constructed to accommodate existing and anticipated stormwater discharge utilizing
the same drainage patterns. No substantial change to the existing drainage pattern will result from
project implementation.
The widening of Fortieth Street at this location is not forecast to substantially increase storm water
discharges at present within the Project footprint. Please refer to Appendix 5a and 5b for drainage
data. A hydraulic analysis indicated that runoff from the north would be captured on the north side
of Fortieth Street and conveyed easterly in the direction of the grade drop. Proposed facilities to
handle the drainage will consist of a 30” storm drain from Acre Lane to Newmark Avenue, and a 42”
storm drain from Newmark Avenue to Electric Avenue. Catch basins will be installed at each
intersection from Acre Lane easterly for capture of the flow and delivery to the aforementioned 30”
and 42” storm drains. Facilities will be designed to handle 50-year runoff within the street curb and
100-year runoff within the right-of-way in accordance with City requirements. In accordance with
the City of San Bernardino’s adopted policy, all catch basins will be equipped with trash capture
inserts to comply with the Regional Board and NPDES requirements. These will consist of metal
screen drop inlets as available from a number of manufacturers that meet City and Regional Board
specifications. The receiving storm drain facility in Electric Avenue is a 54” conduit extending from
at least 44th Street to the north and delivering flow to the outlet channel from the Little Mountain
Basin south of 40th Street. The 54” storm drain was modeled to 44th Street from the hydraulic grade
line in the channel and was found to have a capacity of approximately 170 cubic feet per second
(cfs). The analysis indicates that the 100-year flow reaching Electric Avenue via 40th Street will be
approximately 171 cfs, and therefore the 54” receiving storm drain facility is deemed to have
sufficient capacity for all of the runoff from Johnson Street to Electric Avenue. Runoff to the west of
Johnson Street will be captured by existing catch basins at that location.
Adequate drainage facilities exist or will be developed/relocated by this Project to accommodate
future drainage flows, and will therefore result in a less than significant impact. Based on the data
outlined above and in Appendix 5a and 5b to this document, this Project will not substantially alter
the existing drainage pattern of the site or area; will not substantially alter the course of a stream or
river in such a manner that will result in substantial erosion or siltation either on or off the Project
sites; or contribute runoff water that could exceed the capacity of the existing drainage facilities. No
TOM DODSON & ASSOCIATES Page 38
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
additional sources of polluted runoff will result and impacts are considered less than significant. No
additional mitigation is required.
f. No Impact – There are no other conditions associated with the proposed Project beyond what is
described above under responses to item IX(c), IX(d), and IX(e) above, that could result in the
substantial degradation of water quality. Therefore, no additional impacts are anticipated under this
issue.
g. No Impact – According to the City of San Bernardino General Plan 100-Year Flood Plain Map
(Figure IX-1), the proposed project is not located in a 100-year flood hazard area. Furthermore, no
structures are proposed as part of the Project therefore the widening of Fortieth Street between
Johnson Street and Electric Avenue would not place housing within a 100-year flood hazard area
as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard
delineation map. No impacts can occur under this issue. No mitigation is required.
h. No Impact – As stated above, Figure IX-1 illustrates that the project site is not located within a 100-
Year flood plain, and therefore would not impede or redirect flood flow as none would occur at the
project site. No impacts under this issue are anticipated, and no mitigation is required.
i. No Impact – According to the City of San Bernardino General Plan Seven Oaks Dam Inundation
map (Figure IX-2), the project is not located within the limits of the flood areas if the dam were to
fail. Therefore, the Project would not expose people or structures to a significant risk of loss, injury
or death involving flooding, including flooding as a result of the failure of a levee or dam. No
impacts are anticipated, and no mitigation is required.
j. No Impact – The Pacific Ocean is located more than 50 miles from the Pacific Ocean, which
eliminates the potential for a tsunami to impact the project area. Additionally, a seiche would not
occur within the vicinity of the project because no lakes or enclosed bodies of water exist near the
site that could be impacted by such an event. Mudflow typically occurs on hillsides, and as the
project is located within and adjacent to an existing roadway, no such events are likely to cause any
impacts within the project area. Therefore, no impacts under this issue are anticipated, and no
mitigation is required.
TOM DODSON & ASSOCIATES Page 39
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
X. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
SUBSTANTIATION
a. No Impact – The Project footprint consists mostly of paved roadway within Fortieth Street, which
has no General Plan Land Use Designation because roadways are considered essential City
infrastructure. However, the proposed widened right-of-way will require encroaching on some
surrounding land, and the surrounding land use designation and zoning classification is Commercial
General – 1. The proposed project is a component of the existing and planned for land uses of the
area as established by the City of San Bernardino General Plan. Fortieth Street is a major arterial
roadway, which carries high traffic volumes and is considered a primary thoroughfare that links the
City of San Bernardino with adjacent cities and the regional highway system.1 Major arterial
roadways typically can accommodate six or eight travel lanes. The widening of Fortieth Street in
this segment would make the majority of this major arterial roadway four-lanes, as the roadways
segment to be widened is currently two-lanes and therefore has not met the standard lane width for
a roadway of this type (major arterial). Additionally, the widening of this existing road has no
potential to physically divide an established community. This road serves to provide access to all
portions of the community and such improvement will benefit transit within this corridor. No impacts
are anticipated and no mitigation is required.
1City of San Bernardino General Plan
b. No Impact – The Project will occur within an existing roadway within an area designated for
Commercial uses. Therefore, the widening of Fortieth Street between Electric Avenue and Johnson
Street will be compatible with existing land uses and land use plan, and no conflict or impact has
been identified. No mitigation is required.
c. No Impact – The City of San Bernardino does identify any habitat conservation planning areas or
natural community conservation planning areas that would apply to the project area. Therefore, the
proposed widening of Fortieth Street between Electric Avenue and Johnson Street has no potential
to conflict with such planning areas.
TOM DODSON & ASSOCIATES Page 40
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XI. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
SUBSTANTIATION:
a&b. No Impact – The proposed road-widening Project is in an urbanized area surrounded by
development within the City of San Bernardino. The entirety of Project footprint does not contain
known mineral deposits, and according to the City’s General Plan Mineral Resource Zones map
(Figure XI-1), the project footprint is not located in a zone in which mineral resources of any type
are known to exist. Therefore, the development of the Project will not cause any loss of mineral
resource values to the region or residents of the state, nor would it result in the loss of any locally
important mineral resources identified in the City of San Bernardino General Plan. No impacts
would occur under this issue. No mitigation is required.
TOM DODSON & ASSOCIATES Page 41
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XII. NOISE: Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above levels
existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive noise levels?
SUBSTANTIATION
Background
Noise is generally described as unwanted sound. The proposed widened roadway will modify an existing
two-lane roadway to a four-lane roadway. The site serves as a roadway with steady traffic and is
surrounded by mixed uses including some single-family residential units, though the land use designation
for surrounding the entire alignment is Commercial General (CG-1), and the zoning classification is
Commercial General – 1 (CG-1).
The unit of sound pressure ratio to the faintest sound detectable to a person with normal hearing is called
a decibel (dB). Sound or noise can vary in intensity by over one million times within the range of human
hearing. A logarithmic loudness scale, similar to the Richter scale for earthquake magnitude, is therefore
used to keep sound intensity numbers at a convenient and manageable level. The human ear is not
equally sensitive to all sound frequencies within the entire spectrum. Noise levels at maximum human
sensitivity from around 500 to 2,000 cycles per second are factored more heavily into sound descriptions
in a process called “A-weighting,” written as “dBA.”
Leq is a time-averaged sound level; a single-number value that expresses the time-varying sound level
for the specified period as though it were a constant sound level with the same total sound energy as the
time-varying level. Its unit is the decibel (dB). The most common averaging period for Leq is hourly.
Because community receptors are more sensitive to unwanted noise intrusion during more sensitive
evening and nighttime hours, state law requires that an artificial dBA increment be added to quiet time
noise levels. The State of California has established guidelines for acceptable community noise levels
TOM DODSON & ASSOCIATES Page 42
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
that are based on the Community Noise Equivalent Level (CNEL) rating scale (a 24-hour integrated noise
measurement scale). The guidelines rank noise land use compatibility in terms of "normally acceptable,"
"conditionally acceptable," and "clearly unacceptable" noise levels for various land use types. The State
Guidelines, Land Use Compatibility for Community Noise Exposure, single-family homes are "normally
acceptable" in exterior noise environments up to 60 dB CNEL and "conditionally acceptable" up to 70 dB
CNEL based on this scale. Multiple family residential uses are "normally acceptable" up to 65 dB CNEL
and "conditionally acceptable" up to 70 CNEL. Schools, libraries and churches are "normally acceptable"
up to 70 dB CNEL, as are office buildings and business, commercial and professional uses with some
structural noise attenuation.
a. Less Than Significant Impact – The closest receptors to the project site are the single-family
residences along the north side of Fortieth Street within the proposed widened roadway alignment.
These are non-conforming uses within this corridor, but are still considered sensitive receptors.
Short-term noise levels associated with project construction activities will impact these single-family
residential dwellings. These activities will include noise generated by construction activities,
movement of construction materials to and from the site, removal of concrete and asphalt as well as
repaving Fortieth Street and related excavation. The noise of each of these construction activities
varies depending on the type of construction equipment and the location within the site where the
construction takes place. The City’s Noise Ordinance (Municipal Code Chapter 8.54, Noise Control)
controls hours of operation for multiple sources of excessive noise. Excessive noise is not permitted
between the hours of 8:00 PM and 8:00 AM in residential zones, and between 8:00 PM and 7:00
AM in all other zones. However, the City does not have a significance threshold for CEQA to
assess noise impacts during construction, and construction noise is a short-term temporary event
that occurs mostly during daytime hours (such as 8:00 AM to 5:00 PM). Construction noise is
considered a common necessity for new development. Therefore, through compliance with the
City’s noise standards, short-term construction impacts would not expose persons to or generate
noise in excess of standards established by the City or by any other applicable agencies.
Therefore, short-term construction impacts would be considered less than significant. The Project
will comply with the City Municipal Code, as construction will occur only within the hours considered
allowable by the City, and the operation of the roadway is not forecast to result in any substantial
long-term noise increases beyond existing levels and those which are planned for by current
planning documents. These road improvements are intended to provide better traffic circulation to
accommodate existing and planned future traffic. No new noise generating uses are proposed and
the roads will be developed to the standards of the General Plan Circulation Element. Thus,
impacts to nearby sensitive receptors will not be significant. Based on the existing noise
circumstances within the vicinity of the Project, there is a less than significant potential for a
permanent impact under this issue. No mitigation is necessary.
b. Less Than Significant With Mitigation Incorporated – Vibration is the periodic oscillation of a
medium or object. The rumbling sound caused by vibration of room surfaces is called structure
borne noises. Sources of groundborne vibrations include natural phenomena (e.g. earthquakes,
volcanic eruptions, sea waves, landslides) or human-made causes (e.g. explosions, machinery,
traffic, trains, construction equipment). Vibration sources may be continuous or transient. Vibration
is often described in units of velocity (inches per second), and discussed in decibel (dB) units in
order to compress the range of numbers required to describe vibration. Vibration impacts related to
human development are generally associated with activities such as train operations, construction,
and heavy truck movements.
The FTA Assessment states that in contrast to airborne noise, ground-borne vibration is not a
common environmental problem. Although the motion of the ground may be noticeable to people
outside structures, without the effects associated with the shaking of a structure, the motion does
not provoke the same adverse human reaction to people outside. Within structures, the effects of
ground-borne vibration include noticeable movement of the building floors, rattling of windows,
shaking of items on shelves or hanging on walls, and rumbling sounds. FTA Assessment further
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Widening of Fortieth Street from
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states that it is unusual for vibration from sources such as buses and trucks to be perceptible, even
in locations close to major roads. However, some common sources of vibration are trains, trucks on
rough roads, and construction activities, such as blasting, pile driving, and heavy earth-moving
equipment. The Federal Transit Association (FTA) guidelines identify a level of 80 VdB for
sensitive land uses. This threshold provides a basis for determining the relative significance of
potential Project related vibration impacts.
In the short term, the excavation and removal/demolition activities required to widen the existing
roadway has limited potential to create some vibration at the nearest sensitive receptors adjacent to
the project footprint. The proposed roadway construction does not include activities that would
generate substantial ground vibration. Specifically, there will be no pile driving or major earth
moving activities associated with widening Fortieth Street. Removal of pavement may require
some jackhammer and loader activities, but these activities do not generate enough vibration
energy to adversely impact adjacent structures, which are already exposed to large trucks traveling
on the existing road. Based on the type of equipment and construction activities required to install
the new paved roadway segment, the vibration impacts are forecast to be less than significant.
However, the following contingency mitigation measure shall be implemented:
NOI-1 The construction contractor shall provide signs (2) along the roadway
identifying a phone number for adjacent property owners to contact regard-
ing excessive vibration. The contractor shall respond within 24 hours to any
complaint at this phone number; assess the complaint; and, if required,
adjust construction activities (use different construction methods, slow down
construction activity, or other measures) to reduce vibration at the property
from where the complaint was received.
Implementation of the above measure will ensure that any short-term impacts to the nearest
sensitive receptor would be considered less than significant.
c. Less Than Significant Impact – Please refer to the discussion under issue XII(a) above. As
previously stated, the Project will not cause any significant permanent increase in ambient noise
levels beyond existing levels and those which are planned for by current planning documents.
Sensitive receptors adjacent to this stretch of roadway currently experience ambient noise from
traffic, and this will continue to be the case with implementation of the proposed Project. Though
noise levels may be slightly greater than that which nearby sensitive receptors experience at
present, this increase will not be substantial and is consistent with the planned growth in the City’s
General Plan (Figure XII-1). Therefore, the Project would not result in a substantial new stationary
source of noise adjacent to sensitive receptors, nor any other noise sources when excavation
activities are completed. No mitigation is required.
d. Less Than Significant With Mitigation Incorporated – Please refer to the discussion under XII(a)
above. The proposed project will involve construction operations that have the potential to cause
short-term significant noise impacts. In the short term, removal of asphalt and concrete, grading,
and development of the widened roadway will result in noise generated by dozers, pavers, air
compressors, welders, generators, and other noise making equipment required to complete
construction. Exterior noise-generating construction activities will be restricted to the hours
identified in the City Municipal Code (Section 8.54.070)—7:00 a.m. and 8:00 p.m.
Construction equipment generates noise that ranges between approximately 75 and 90 dBA at a
distance of 50 feet. Refer to Table XII-1, which shows construction equipment noise levels at 25,
50 and 100 feet from the noise source. Residences are within 50 feet of the Project alignment.
The short-term noise impacts associated with Project construction activities are forecast to be less
than significant through compliance with the City Municipal Code—as addressed above—and by
TOM DODSON & ASSOCIATES Page 44
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
implementing the following measures. As construction activities may be a nuisance to nearby
residents, the following mitigation shall be implemented:
NOI-2 The City will require that all construction equipment be operated with
mandated noise control equipment (mufflers or silencers). Enforcement will
be accomplished by random field inspections by applicant personnel during
construction activities.
NOI-3 Equipment not in use for five minutes shall be shut off.
NOI-4 Equipment shall be maintained and operated such that loads are secured
from rattling or banging.
NOI-5 Where available, electric-powered equipment shall be used rather than diesel
equipment and hydraulic-powered equipment shall be used instead of
pneumatic power.
NOI-6 Construction employees shall be trained in the proper operation and use of
equipment consistent with these mitigation measures, including no unneces-
sary revving of equipment.
NOI-7 No radios or other sound equipment shall be used at this site unless required
for emergency response by the contractor.
NOI-8 Public notice shall be given prior to initiating construction. This notice shall
be provided to all property owners/residents within 300 feet of the project site
and shall be provided to property owners/residents at least one week prior to
initiating construction. The notice shall identify the dates of construction
and the name and phone number of a construction supervisor (contact
person) in case of complaints. One contact person shall be assigned to the
project. The public notice shall encourage the adjacent residents to contact
the supervisor in the case of a complaint. Resident’s will be informed if there
is a change in the construction schedule. The supervisor shall be available
24/7 throughout construction by mobile phone. If a complaint is received, the
contact person shall take all feasible steps to remove the sound source
causing the complaint.
Implementation of the above measures will ensure that substantial temporary or periodic increases
in ambient noise levels in the project vicinity will not cause a significant adverse impact.
e. No Impact – There nearest public airport is the San Bernardino International Airport approximately
5 miles to the southeast of the Project area. According to the City of City of San Bernardino
General Plan San Bernardino International Airport Planning Boundaries map—provided as Figure
VIII-4—the project site is not located within the designated planning boundary; therefore, the project
area has no potential to expose people residing or working in the project area to excessive noise
levels as a result of the site’s proximity to the airport. No impacts will occur as a result of project
implementation. No mitigation is required.
f. No Impact – There are no private airstrips located within two miles of the Project site. Therefore, the
project area has no potential to expose people residing or working in the project area to excessive
noise levels as a result of the site’s proximity to a private airstrip. No impacts will occur as a result
of project implementation.
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Widening of Fortieth Street from
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Table XII-1
NOISE LEVELS OF CONSTRUCTION EQUIPMENT AT
25, 50 AND 100 FEET (in dBA LEQ) FROM THE SOURCE
Equipment Noise Levels
at 25 feet
Noise Levels
at 50 feet
Noise Levels
at 100 feet
Earthmoving
Front Loader 85 79 73
Backhoes 86 80 74
Dozers 86 80 74
Tractors 86 80 74
Scrapers 91 85 79
Trucks 91 85 79
Material Handling
Concrete Mixer 91 85 79
Concrete Pump 88 82 76
Crane 89 83 77
Derrick 94 88 82
Stationary Sources
Pumps 82 79 70
Generator 84 78 72
Compressors 87 81 75
Other
Saws 84 78 72
Vibrators 82 76 70
Source: U.S. Environmental Protection Agency “Noise”
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Widening of Fortieth Street from
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XIII. POPULATION AND HOUSING: Would the
project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessi-
tating the construction of replacement housing else-
where?
SUBSTANTIATION
a. Less Than Significant Impact – According to the SCAG’s profile for the City of San Bernardino (May
2015), the City had a population of 212,721 in 2014. The type of use planned for the project site is
not of a type that would induce substantial population growth in the area. No housing is proposed
as part of the project. Though construction of the widened road will require a temporary work force,
this is short-term and with a maximum of about 20 employees will not induce substantial population
growth. The operation of the widened road will not require employment of any persons.
Furthermore, the widening of this roadway is considered growth accommodating, not growth
inducing, and will serve the population and traffic increases projected to occur in the future. The
City’s General Plan Build Out population estimate is 276,264 persons within the incorporated City,
which is 63,543 more persons than the population in 2014 (City GP pg. 2-28). Therefore, impacts
under this issue are considered less than significant and no mitigation is required.
b&c. Less Than Significant Impact – The Project will occur within an occupied corridor that will require
acquisition of right-of-way from adjacent properties. The three parcels, which are residential in
nature, between Lorraine Drive and Electric Avenue will be acquired by the City of San Bernardino
and demolished in order to make room for the widened roadway. The property owners of these
three parcels will be compensated fairly for this inconvenience, and there is substantial housing
available elsewhere within the City. As of May 9, 2017, there are 449 single-family homes,
townhomes, apartments, and condos available for sale within the City of San Bernardino according
to Zillow1. Therefore, the acquisition of these three parcels as part of the proposed road widening
within the City will not result in a significant impact that would displace substantial numbers of
people or housing, necessitating the construction of replacement housing elsewhere. Impacts are
considered less than significant and no mitigation is required.
1https://www.zillow.com/homes/for_sale/San-Bernardino-
CA/20328_rid/globalrelevanceex_sort/34.36526,-117.089196,34.000588,-
117.586327_rect/10_zm/0_mmm/
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Widening of Fortieth Street from
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XIV. PUBLIC SERVICES: Would the project result in
substantial adverse physical impacts associated with
the provision of new or physically altered governmental
facilities, need for new or physically altered govern-
mental facilities, the construction of which could cause
significant environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
SUBSTANTIATION
a. Less Than Significant Impact – As of July 1, 2016, the San Bernardino County Fire District
(SBCFD) provides fire protection services to the City. The nearest Fire station is Station 227, which
is located at 282 W 40th St, San Bernardino, CA 92407, at the northeastern edge of the Project
Alignment at the corner of Electric Avenue and Fortieth Street. According to the San Bernardino
County Fire Annual Report July 2015-June 2016, SBCFD will increase availability of fire protection
services in the City by ensuring quicker response times during times with high call volumes from
nearby county fire stations. The Project proposes to widen an existing roadway, which would not
require any greater fire protection than the present demand, which primarily consists of incidental
traffic accidents and emergencies within the corridor at adjacent businesses and residences.
Additionally, the provision of adequate roadways is viewed as a benefit to fire protection services
and to the public in general. No substantial changes in existing fire protection facilities are
anticipated and potential impacts would be less than significant as a result of the proposed project.
No mitigation is required.
b. Less Than Significant Impact – The area surrounding the Project is completely urbanized with
residential housing and commercial uses. The San Bernardino Police Department provides police
protection services to this corridor, and will continue to do so once the Fortieth Street widening is
complete. The San Bernardino Police Department would provide police protection services to the
Project via their headquarters at 710 North “D” Street, and from existing patrol routes in the vicinity
of the Project. As with fire protection services, the demand for police protection services would not
substantially increase as a result of the widened road. A minor increase in traffic within this corridor
could require an incremental increase in police response incidents, but this increase is not forecast
to result in a significant impact. The Project is not expected to result in any unique or more
extensive crime problems that cannot be handled with the existing level of police resources. No
new or expanded police facilities would need to be constructed as a result of the project.
Additionally, the provision of adequate roadways is viewed as a benefit to police protection services
and to the public in general. Therefore, impacts to police protection resources from implementation
of the proposed project are considered less than significant; no mitigation measures are required.
c. Less Than Significant Impact – The proposed project is located within the area served by San
Bernardino City Unified School District (SBCUSD). The nearest school is Arrowhead Elementary
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Widening of Fortieth Street from
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School, which is located approximately 1000 feet south of the Electric Avenue and Fortieth Street
intersection at 3825 N Mountain View Ave, San Bernardino, CA 92405. The Project would not
induce population growth within the City, as it will not employ any persons once the widened road
has been constructed. Thus, the proposed project will not generate an increase in elementary,
middle, or high school population. Therefore, any impacts under this issue are considered less than
significant. No mitigation is required.
d. No Impact – As stated in the preceding sections, the proposed Project is not anticipated to create
an increase in population because no persons will be employed as a result of the Project once the
street widening has been completed. There are no parks in the vicinity of the Project that would be
impacted by widening Fortieth Street at this location, and with no forecast increase in population,
implementation of the proposed project would not cause a substantial adverse physical impact to
any parks within the City. No impacts are anticipated and no mitigation is required.
e. No Impact – Other public facilities include library and general municipal services. Since the Project
will not directly induce population growth, it is not forecast that the use of such facilities will increase
as a result of the proposed project. The improvements to this portion of Fortieth Street will be
consistent with the standards and requirements of the City and are therefore considered adequate
to maintain acceptable levels of service on public roads, which is considered a benefit to most
public services, including traffic. No impacts under this issue are anticipated, and no mitigation is
required.
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Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XV. RECREATION:
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
SUBSTANTIATION
a. No Impact – As addressed in the discussion under XIII and XVI(d) above, the proposed Project
does not include a use that would substantially induce population growth, and will not require a
substantial short-term labor force for construction of the Project and no long-term labor force is
required for operations of the proposed project. Thus, the proposed Project will not generate a
substantial increase in residents of the City who would increase the use of existing recreational
facilities. Therefore, no impacts under this issue are anticipated. No mitigation is required.
b. No Impact – The proposed Project consists of the widening of Fortieth Street between Electric
Avenue and Johnson Street. The project will not include any recreational facilities, nor will it require
the construction of new recreational facilities or expansion of new recreational facilities because the
proposed project is not anticipated to substantially induce any population growth. The Project will
require a small short-term labor force during construction and no long-term labor force during
operation, as the road will function as it does at present, altered by the size and updated
equipment. As a result, no recreational facilities—existing or new—are required to serve the
Project, thus no impacts are anticipated under this issue. No mitigation is required.
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Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XVI. TRANSPORTATION / TRAFFIC: Would the
project:
a)Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the perform-
ance of the circulation system, taking into account all
modes of transportation including mass transit and
non-motorized travel and relevant components of the
circulation system, including but not limited to inter-
sections, streets, highways and freeways, pedestrian
and bicycle paths, and mass transit?
b)Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency for designated roads or high-
ways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersections)
or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f)Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities,
or otherwise decrease the performance or safety of
such facilities?
SUBSTANTIATION
a&b. Less Than Significant With Mitigation Incorporated – The proposed project is a road
widening/improvement project. An existing segment of Fortieth Street between Electric Avenue and
Johnson Street will be widened from a two-lane road to a four-lane road with several intersection
improvements to meet City standards. The purpose of this project is to provide adequate roads that
meet local standards for these roadways to accommodate existing and anticipated future traffic
volumes. Fortieth Street is a major arterial roadway, which carries high traffic volumes and is
considered a primary thoroughfare that links the City of San Bernardino with adjacent cities and the
regional highway system.1 Major arterial roadways typically can accommodate six or eight travel
lanes. The widening of Fortieth Street in this segment would make the majority of this major arterial
roadway four-lanes. Compliance with City standards will ensure that the proposed road widening
with improvements comply with current standards for road design, including providing adequate
road capacity.
This Project is considered a roadway improvement project that is growth accommodating, not
growth inducing. Under the proposed project, Fortieth Street circulation and roadway standards will
be improved and updated; therefore, the Project will not conflict with an applicable plan, ordinance
or policy establishing measures of effectiveness for the performance of the circulation system .
Impacts under this issue are considered less than significant, and no mitigation is required.
TOM DODSON & ASSOCIATES Page 51
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Widening of Fortieth Street from
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In the short-term, construction and improvements of existing roadways has the potential to disrupt
traffic. To mitigate the potential impacts to traffic flow, the following mitigation measure shall be
implemented:
TRAF-1 The construction contractor will provide adequate traffic management
resources, as determined by the City of San Bernardino. The City shall
require a construction traffic management plan for work in public roads that
complies with the Work Area Traffic Control Handbook, or other applicable
standard, to provide adequate traffic control and safety during excavation
activities. At a minimum this plan shall include how to minimize the amount
of time spent on construction activities; how to minimize disruption of
vehicle and alternative modes of transport traffic at all times, but particularly
during periods of high traffic volumes; how to maintain safe traffic flow on
local streets affected by construction at all times, including through the use
of adequate signage, protective devices, flag persons or police assistance to
ensure that traffic can flow adequately during construction; the identification
of alternative routes that can meet the traffic flow requirements of a specific
area, including communication (signs, webpages, etc.) with drivers and
neighborhoods where construction activities will occur; and at the end of
each construction day roadways shall be prepared for continued utilization
without any significant roadway hazards remaining.
Construction activities proposed by this Project will generate a temporary increase in traffic as a
result of delivery and removal of construction materials. It is forecast that these temporary
increases could amount to a maximum of about 60 additional trips on a given day over a period of
about 8 months, in increments of two 4-month phases. These trips will be associated with the
delivery of equipment materials (asphalt, concrete, etc.), worker commutes and the removal of
material and wastes for disposal. They will occur throughout the workday and are not considered
sufficient to adversely affect traffic or the transportation/circulation system with implementation of
mitigation measure TRAF-1 above.
Over the long term these improvements are forecast to be a benefit to traffic and the circulation
system. No changes to the existing alignment, other than the widened roadway is proposed. The
road improvements will be designed and constructed to the standards of the City. Thus, the project
is not forecast to conflict with an applicable congestion management program, including, but not
limited to level of service standards and travel demand measures, or other standards established
by the county congestion management agency for designated roads or highway. No further
mitigation is required.
1City of San Bernardino General Plan
c. No Impact – According to the City of San Bernardino General Plan San Bernardino International
Airport Planning Boundaries map—provided as Figure VIII-5—the project site is not located within
the designated planning boundary. As a result, project implementation would not result in any
changes in air traffic patterns at the San Bernardino International Airport, located approximately
5 miles to the southeast of the project site. No impacts to aviation activity will occur as a result of
project implementation. No mitigation is required.
d. Less Than Significant Impact – Please refer to the discussion under issue XVI(a&b) above. The
proposed project will widen an existing roadway, which will accommodate greater traffic flow
through the existing Fortieth Street corridor. The design of the proposed widened roadway will
increase safety within this corridor by accommodating a similar amount of traffic to that which exists
at present with more space for traffic flow because this Project will double of the number of lanes
that currently exist. Additionally, the Project will improve the intersection at Electric Avenue, which
TOM DODSON & ASSOCIATES Page 52
Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
will increase the safety of this intersection. Therefore, due to the nature of the Project as a roadway
improvement project, implementation will not substantially increase hazards due to a design feature
or incompatible uses. Impacts are considered less than significant. No mitigation is required.
e. Less Than Significant With Mitigation Incorporated – The project design includes the improvement
of an existing public road, with the primary feature being widening the road from two lanes to four
lanes. The provision of improved roadways is generally considered a benefit to emergency access.
In the short term, a potential impact to emergency access could result from lane closures. However,
implementation of mitigation measure TRAF-1 above will reduce the impact under this issue to a
less than significant level. No further mitigation is required.
f. Less Than Significant Impact – The project alignment is located within an existing roadway served
by bus service. The nearest bus stop is located just west of Electric Avenue on Fortieth Street.
The Project will improve this bus stop by both installing sidewalk within the Project alignment where
it doesn’t exist at present and by upgrading the bus station with several improvements including a
covered bus stop. The Project itself is considered a roadway improvement project and will be a
benefit to the community in both safety and design and would enhance this corridor. The wider
roadway will not include a bike lane, but will make this corridor safer for any pedestrian or bike
traffic by providing greater space for passage within both the widened roadway and extended
sidewalk. Thus, the Project would not conflict with any adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or
safety of such facilities. Any impacts under this issue are considered less than significant. No
mitigation is required.
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Widening of Fortieth Street from
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact or
Does Not Apply
XVII. TRIBAL CULTURAL RESOURCES: Would the
project cause a substantial change in the significance
of tribal cultural resources, defined in Public
Resources Code section 21074 as either a site,
feature, place, cultural landscape that is geographic-
ally defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to the California Native American tripe, and that is:
a) Listed or eligible for listing in the California Register
of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code section 5020.1(k), or
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in sub-
division (c) of Public Resources Code Section 5024.1.
In applying the criteria set forth in subdivision (c) of
Public Resources Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
SUBSTANTIATION
A Tribal Resources is defined in the Public Resources Code section 21074 and includes the following:
• Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a
California Native American Tribe that are either of the following: included or determined to be
eligible for inclusion in the California Register of Historical Resources or included in a local
register of historical resources as defined in subdivision (k) of Section 5020.1;
• A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In
applying the criteria set forth in subdivision (c) of Section 5024.1 for the purpose of this
paragraph, the lead agency shall consider the significance of the resources to a California
American tribe;
• A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the
extent that the landscape is geographically defined in terms of the size and scope of the
landscape;
• A historical resource described in Section 21084.1, a unique archaeological resource as
defined in subdivision (g) of Section 21083.2, or a “non-unique archaeological resource” as
defined in subdivision (h) of Section 21083.2 may also be a tribal resource if it conforms with
the criteria of subdivision (a).
a&b. Less Than Significant With Mitigation Incorporated – The project site is located within the area of
cultural significance for the Gabrieleño Band of Mission Indians – Kizh Nation, San Manuel Band of
Mission Indians, and the Soboba Band of Luiseño Indians pursuant to AB-52. To date, the City has
not received any responses from the Gabrieleño Band of Mission Indians – Kizh Nation or the
Soboba Band of Luiseño Indians. The City received an email on June 27, 2017 from the San
Manuel Band of Mission Indians requesting a copy of the cultural report. A follow up email was
received on September 12, 2017 from the San Manuel Band of Mission Indians once they reviewed
the cultural report. The San Manuel Band of Mission Indians requested the following mitigation
TOM DODSON & ASSOCIATES Page 54
Widening of Fortieth Street from
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measures to be included in this document to prevent significant impacts to tribal cultural resources
as a result of project implementation:
TCR-1 If human remains or funerary objects are encountered during any activities
associated with the project, work in the immediate vicinity (within a 100-foot
buffer of the find) shall cease and the County Coroner shall be contacted
pursuant to State Health and Safety Code §7050.5 and that code enforced for
the duration of the project.
TCR-2 In the event that Native American cultural resources are discovered during
project activities, all work in the immediate vicinity of the find (within a
60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of
Interior standards shall be hired to assess the find. Work on the other
portions of the project outside of the buffered area may continue during this
assessment period. Additionally, San Manuel Band of Mission Indians will be
contacted if any such find occurs and be provided information and
permitted/invited to perform a site visit when the archaeologist makes his/her
assessment, so as to provide Tribal input.
TCR-3 If significant Native American historical resources, as defined by CEQA (as
amended, 2015), are discovered and avoidance cannot be ensured, an SOI-
qualified archaeologist shall be retained to develop an cultural resources
Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of
which shall be provided to San Manuel Band of Mission Indians for review
and comment.
a. All in-field investigations, assessments, and/or data recovery enacted
pursuant to the finalized Treatment Plan shall be monitored by a San
Manuel Band of Mission Indians Tribal Participant(s).
b. The Lead Agency and/or applicant shall, in good faith, consult with San
Manuel Band of Mission Indians on the disposition and treatment of any
artifacts or other cultural materials encountered during the project.
With the incorporation of these mitigation measures, as well as the mitigation identified under
Cultural Resources, any impacts under this issue are considered less than significant.
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Widening of Fortieth Street from
Johnson Street to Electric Avenue Project INITIAL STUDY
Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XVIII. UTILITIES AND SERVICE SYSTEMS: Would
the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause signifi-
cant environmental effects?
c) Require or result in the construction of new storm-
water drainage facilities or expansion of existing facili-
ties, the construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater treat-
ment provider which serves or may serve the project
that it has adequate capacity to serve the project's
projected demand in addition to the provider's existing
commitments?
f) Be served by a landfill(s) with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
SUBSTANTIATION
a. Less Than Significant Impact – The proposed Project will widen an existing roadway. Roadway
improvements do not require wastewater treatment in order to operate. The roadway improvements
will include installing new or replacing old curb and gutter within the alignment, which will better
control surface runoff. The widened roadway will function more efficiently and safely, but will
function in a similar manner as it does at present. Surface water will be directed regional flood
control facilities, which are considered adequate, as the amount of surface water runoff is not
anticipated to increase as a result of project implementation. The project will include the
development of several storm drains and catch basins (discussed under issue IX[c-e], outlined in
Appendix 5a-5c), which will ultimately have water quality management features in place. In
accordance with the City of San Bernardino’s adopted policy, all catch basins will be equipped with
trash capture inserts to comply with the Regional Board and NPDES requirements. These will
consist of metal screen drop inlets as available from a number of manufacturers that meet City and
Regional Board specifications. Roadway improvements do not require wastewater treatment in
order to operate. Thus, this Project will not result in the creation of a new source of wastewater and
therefore will not exceed wastewater treatment requirements of the Santa Ana Regional Water
Quality Control Board (RWQCB). Any impacts under this issue are considered less than significant.
No mitigation is required.
b. Less Than Significant Impact – Please refer to the discussion under XVII(a) above. As previously
stated, the proposed Project will widen an existing roadway, which will not require connections to
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Widening of Fortieth Street from
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water or wastewater treatment facilities, or expansion of existing facilities to support the Project.
Roadways contain storm drains to collect water to be redirected to existing drainage facilities, and
the widening of Fortieth Street between Electric Avenue and Johnson Street will improve roadway
drainage by construction new curb and gutter within the project alignment. The Project will require
relocating fire hydrants, etc. which will be relocated appropriately and will not adversely impact
existing wastewater or water facilities. As previously stated, the receiving storm drain facility
located within Electric Avenue has adequate capacity to handle additional flows that may result
from widening the existing roadway. Therefore, the proposed project has a less than significant
potential to require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant environmental
effects. No mitigation is required.
c. Less Than Significant Impact – Please refer to the discussion under issue IX(c-e). The proposed
Project includes upgrading the existing drainage facilities within the affected roadway to adequately
meet existing and future demands of the widened road. This project is considered a benefit to
stormwater drainage, as it will improve existing drainage facilities once the proposed roadway
improvements are constructed. Appendices 5a-5c of this document depict the storm drain and curb
and gutter improvements proposed within the entirety of the alignment. The widened roadway will
be designed and constructed to accommodate existing and anticipated stormwater discharge
utilizing new drainage patters directing stormwater runoff to new storm drains and catch basins that
will flow to a receiving storm drain facility in Electric Avenue as shown in Appendices 5a-5b. These
new drainage facilities are considered a benefit to the project area because new curb and gutter will
improve drainage and better control surface water run-off upon completion of the widened roadway.
Thus, implementation of the proposed project will result in a less than significant impact under this
issue and no mitigation is required.
d. Less Than Significant Impact – Water transmission to the Project will be provided by SBMWD.
SBMWD provides domestic water to several cities including the City of San Bernardino. As
discussed under issue IX—Hydrology and Water Quality—above, groundwater from the Bunker Hill
Basin is the primary source of water supply for SBMWD, which has a capacity to provide 70,000
AFY from its groundwater and surface water sources. A minimal, short-term increase in water use
will result from construction activities associated with the Project to control dust and remove
sediment from paved areas use (estimated to be about 5,000 to 10,000 gallons per day to control
fugitive dust). Thus, the Project will have sufficient water supplies available to serve the project
from existing entitlements and resources, and no new or expanded entitlements are needed. Any
impacts under this issue are considered less than significant. No mitigation is required.
e. No Impact – As stated under issue XVII(a), the proposed widening of Fortieth Street between
Johnson Street and Electric Avenue is a roadway improvement project, which will not require any
active connection to the wastewater treatment provider—in this case the San Bernardino Municipal
Water Department’s Water Reclamation Plant (WRP). Therefore, no impact to the wastewater
treatment provider’s ability to serve the Project and the provider’s existing commitments will result
from Project implementation. No mitigation is required.
f. Less Than Significant Impact – The City of San Bernardino is served by an exclusive franchise
agreement with Burrtec Waste Industries, which provides trash, recycling, and some street
sweeping/bulky item pickup services to it’s customers. The nearest landfill to the Project area is the
San Timoteo Solid Waste Disposal Site, which has a maximum permitted capacity of 2,000 tons per
day, and a remaining capacity of 13,605,488 cubic yards (CY), with a maximum permitted capacity
of 20,400,000 CY according to CalRecycle. The proposed project will not result in any operational
solid waste because it will function as a widened roadway, which will not require any employees to
function excepting any roadway maintenance performed by the City. Additionally, any hazardous
materials collected on the project site during either construction of the Project will be transported
and disposed of by a permitted and licensed hazardous materials service provider, as stated under
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issue VIII, Hazards and Hazardous Materials above. Therefore, the Project is expected to comply
with all regulations related to solid waste under federal, state, and local statutes. Any impacts
under this issue are considered less than significant. No mitigation is required.
g. Less Than Significant With Mitigation Incorporated – All collection, transportation, and disposal of
any solid waste generated by the proposed project is required to comply with all applicable federal,
state, and local regulations. As previously stated, solid waste produced in the City of San
Bernardino is collected and transported by Burrtec Waste Industries. The City is served by several
surrounding landfills, but the nearest Landfill is the San Timoteo Solid Waste Disposal Site, which
has adequate capacity to serve the Project (further described above under issue XVII[f]).
Additionally, any hazardous materials collected on the project site during either construction or
operation of the Project will be transported and disposed of by a permitted and licensed hazardous
materials service provider, as stated under issue VIII, Hazards and Hazardous Materials above.
The contract for this project will require that concrete, asphalt and base material be recycled by
grinding, which allows reuse of these materials. All metals, woods and equipment that are reusable
shall be salvaged and recycled.
Thus, due to the small size of this Project and the limited amount of wastes that will be generated,
potential impacts to the waste disposal systems are considered less than significant. To further
reduce potential less than significant impacts, the following mitigation measure shall be
implemented:
UTIL-1 The contract with demolition and construction contractors shall include the
requirement that all materials that can feasibly be recycled shall be salvaged
and recycled. This includes but not limited to wood, metals, concrete, road
base and asphalt. The contractors shall submit a recycling plan to the City
for review and approval prior to the construction of demolition/construction
activities.
Therefore, with the above mitigation measure, the Project is expected to comply with all regulations
related to solid waste under federal, state, and local statutes. No further mitigation is necessary.
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Potentially
Significant Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant Impact
No Impact or
Does Not Apply
XIV. MANDATORY FINDINGS 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 to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
SUBSTANTIATION
The analysis in this Initial Study and the findings reached indicate that the proposed project can be
implemented without causing any new project specific or cumulatively considerable unavoidable
significant adverse environmental impacts. Mitigation is required to control potential environmental
impacts of the proposed project to a less than significant impact level. The following findings are based
on the detailed analysis of the Initial Study of all environmental topics and the implementation of the
mitigation measures identified in the previous text and summarized following this section.
a. Less Than Significant With Mitigation Incorporated – The Project has no potential to cause a
significant impact any biological or cultural resources. The project has been identified as having no
potential to degrade the quality of the natural environment, substantially reduce habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, or reduce the number or restrict the range of a rare or
endangered plant or animal. Based on the historic disturbance of the project area, and its current
condition, there is no potential to impact biological resources. The cultural resources evaluation
concluded that the Project footprint does not contain any known important cultural resources, but to
ensure that any accidentally exposed subsurface cultural resources are properly handled,
contingency mitigation measures will be implemented. With incorporation of Project mitigation
measure all biology and cultural resource impacts will be reduced to a less than significant level.
b. Less Than Significant With Mitigation Incorporated – The Project has nine (9) potential impacts that
are individually limited, but may be cumulatively considerable. These are: Air Quality, Cultural
Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality,
Noise, Transportation and Traffic, Tribal Resources, and Utilities and Service Systems. The Project
is not considered growth-inducing, as defined by State CEQA Guidelines
(http://ceres.ca.gov/ceqa/guidelines/). These issues require the implementation of mitigation
measures to reduce impacts to a less than significant level and ensure that cumulative effects are
not cumulatively considerable. All other environmental issues were found to have no significant
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impacts without implementation of mitigation. The potential cumulative environmental effects of
implementing the proposed project have been determined to be less than considerable and thus,
less than significant impacts.
c. Less Than Significant With Mitigation Incorporated – The Project will achieve long-term community
goals by providing a safer, wider roadway. The short-term impacts associated with the Project,
which are mainly construction-related impacts, are less than significant with mitigation, and the
proposed Project is compatible with long-term environmental protection. The issues of Air Quality,
Geology and Soils, Hazards and Hazardous Materials, and Noise require the implementation of
mitigation measures to reduce human impacts to a less than significant level. All other environ-
mental issues were found to have no significant impacts on humans without implementation of
mitigation. The potential for direct human effects from implementing the proposed project have
been determined to be less than significant.
Conclusion
This document evaluated all CEQA issues contained in the latest Initial Study Checklist form. The
evaluation determined that either no impact or less than significant impacts would be associated with the
issues of Aesthetics, Agricultural and Forestry Resources, Biological Resources, Greenhouse Gas
Emissions, Land Use and Planning, Mineral Resources, Population/Housing, Public Services, and
Recreation. The issues of Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous
Materials, Hydrology and Water Quality, Noise, Transportation and Traffic, Tribal Resources, and Utilities
and Service Systems require the implementation of mitigation measures to reduce impacts to a less than
significant level. The required mitigation has been proposed in this Initial Study to reduce impacts for
these issues to a less than significant impact.
Based on the findings in this Initial Study, the City of San Bernardino proposes to adopt a Mitigated
Negative Declaration (MND) for the Widening of Fortieth Street From Johnson Street to Electric Avenue
Project. A Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) will be issued for this project
by The City of San Bernardino. The Initial Study and NOI will be circulated for 30 days of public comment
because this project involves state agencies as either a responsible or trustee agency. At the end of the
30-day review period, a final MND package will be prepared and it will be reviewed by City of San
Bernardino. The City of San Bernardino will hold a future hearing for project adoption at City of San
Bernardino City Hall, the date for which has not yet been determined. If you or your agency comments
on the MND/NOI for this project, you will be notified about the meeting date in accordance with the
requirements in Section 21092.5 of CEQA (statute).
__________
Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code; Sections
21080(c), 21080.1, 21080.3, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and 21151, Public Resources Code; Sundstrom v.
County of Mendocino,(1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors, (1990) 222 Cal.App.3d 1337; Eureka
Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador
Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco
(2002) 102 Cal.App.4th 656.
Revised 2016
Authority: Public Resources Code sections 21083 and 21083.09
Reference: Public Resources Code sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3/ 21084.2 and 21084.3
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SUMMARY OF MITIGATION MEASURES
Air Quality
AIR-1 Fugitive Dust Control
The following measures shall be incorporated into Project plans and specifications for
implementation:
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed
25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed areas within the Project are watered with
complete coverage of disturbed areas at least two times a day, preferably in the mid-morning,
afternoon, and after work is done for the day. Additional watering can be applied if fugitive
dust is observed leaving the project site.
• The contractor shall ensure that traffic speeds on the Project site are reduced to 10 miles per
hour or less.
• Plans, specifications and contract documents shall direct that a sign must be posted on-site
stating that construction workers shall not idle diesel engines in excess of five minutes.
• During grading activity, all construction equipment greater than 150 horsepower shall be
California Air Resources Board (CARB) Tier 3 Certified.
• Only “Zero-Volatile Organic Compounds” paints (no more than 150 gram/liter of VOC)
and/or High Pressure Low Volume (HPLV) applications consistent with South Coast Air
Quality Management District Rule 1113 shall be used when reservoirs are painted, if
painted onsite.
• Install and maintain track out control devices in effective condition at all access points
where paved and unpaved access or travel routes intersect (e.g., Install wheel shakers,
wheel washers, and limit site access.)
• All roadways, driveways, sidewalks, etc., shall be completed as soon as possible. In
addition, reservoir pads shall be installed as soon as possible after grading, unless seeding
or soil binders are used in travel areas.
• When materials are transported off-site, all material shall be covered, effectively wetted to
limit visible dust emissions, and at least six inches of freeboard space from the top of the
container shall be maintained.
• All streets shall be swept at least once a day using SCAQMD Rule 1186 certified street
sweepers if visible soil materials are carried to adjacent streets.
• The contractor or builder shall designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust offsite.
• Post a publicly visible sign with the telephone number and person to contact regarding dust
complaints. This person shall respond and take corrective action within 24 hours.
• Any on-site stockpiles of debris, dirt or other dusty material shall be covered or watered
three times daily.
• Use electric construction equipment where technically feasible, i.e., a competent electronic
version of the equipment is commercially available.
AIR-2 Exhaust Emissions Control
• Utilize well-tuned off-road construction equipment.
• Establish a preference for contractors using Tier 3-rated or better heavy equipment.
• Enforce 5-minute idling limits for both on-road trucks and off-road equipment.
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Cultural Resources
CUL-1 Should any cultural resources be encountered during construction of these facilities,
earthmoving or grading activities in the immediate area of the finds shall be halted and an
onsite inspection shall be performed immediately by a qualified archaeologist. Responsibility
for making this determination shall be with the City’s onsite inspector. The archaeological
professional shall assess the find, determine its significance, and make recommendations for
appropriate mitigation measures within the guidelines of the California Environmental Quality
Act.
CUL-2 Should any paleontological resources be encountered during construction of these facilities,
earthmoving or grading activities in the immediate area of the finds shall be halted and an
onsite inspection should be performed immediately by a qualified paleontologist. Responsibility
for making this determination shall be with the City’s onsite inspector. The paleontological
professional shall assess the find, determine its significance, and make recommendations for
appropriate mitigation measures within the guidelines of the California Environmental Quality
Act.
CUL-3 Should human remains or funerary objects be encountered during any activities associated with
the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and
the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and
that code enforced for the duration of the project.
Geology and Soils
GEO-1 Stored backfill material shall be covered with water resistant material during periods of heavy
precipitation to reduce the potential for rainfall erosion of the material. If covering is not
feasible, then measures such as the use of straw bales or sand bags shall be used to capture
and hold eroded material on the project site for future cleanup.
GEO-2 Excavated areas shall be properly backfilled and compacted. Paved areas disturbed by this
project will be repaved in such a manner that roadways and other disturbed areas are returned
to as near the pre-project condition as is feasible.
GEO-3 All exposed, disturbed soil (trenches, stored backfill, etc.) will be sprayed with water or soil
binders twice a day or more frequently if fugitive dust is observed migrating from the site within
which the water facilities are being installed.
GEO-4 The length of trench which can be left open at any given time will be limited to that needed to
reasonably perform construction activities. This will serve to reduce the amount of backfill
stored onsite at any given time.
Hazards and Hazardous Materials
HAZ-1 All spills or leakage of petroleum products during construction activities will be remediated in
compliance with applicable state and local regulations regarding cleanup and disposal of the
contaminant released. The contaminated waste will be collected and disposed of at an
appropriately licensed disposal or treatment facility. This measure will be incorporated into the
SWPPP prepared for the Project development.
HAZ-2 Prior to the demolition of the structures, which will be demolished as a part of the project, the
structures shall be evaluated for the presence of ACM, lead-based paints, and PCBs prior to its
demolition. The evaluation shall be conducted by a Cal-OSHA certified contractor; any
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hazardous materials that are identified shall be removed by a Cal-OSHA certified contractor to
be transported and disposed of offsite and in accordance with regulatory requirements.
Hydrology and Water Quality
HYD-1 The City shall require that the construction contractor prepare and implement a Storm Water
Pollution Prevention Plan (SWPPP) which specifies Best Management Practices (BMPs) that
will prevent all construction pollutants from contacting stormwater and with the intent of keeping
all products of erosion from moving offsite into receiving waters. The SWPPP shall include a
Spill Prevention and Cleanup Plan that identifies the methods of containing, cleanup, transport
and proper disposal of hazardous chemicals or materials released during construction activities
that are compatible with applicable laws and regulations. BMPs to be implemented in the
SWPPP may include but not be limited to:
• The use of silt fences;
• The use of temporary stormwater desilting or retention basins;
• The use of water bars to reduce the velocity of stormwater runoff;
• The use of wheel washers on construction equipment leaving the site;
• The washing of silt from public roads at the access point to the site to prevent the tracking
of silt and other pollutants from the site onto public roads;
• The storage of excavated material shall be kept to the minimum necessary to efficiently
perform the construction activities required. Excavated or stockpiled material shall not be
stored in water courses or other areas subject to the flow of surface water; and
• Where feasible, stockpiled material shall be covered with waterproof material during rain
events to control erosion of soil from the stockpiles.
Noise
NOI-1 The construction contractor shall provide signs (2) along the roadway identifying a phone
number for adjacent property owners to contact regarding excessive vibration. The contractor
shall respond within 24 hours to any complaint at this phone number; assess the complaint;
and, if required, adjust construction activities (use different construction methods, slow down
construction activity, or other measures) to reduce vibration at the property from where the
complaint was received.
NOI-2 The City will require that all construction equipment be operated with mandated noise control
equipment (mufflers or silencers). Enforcement will be accomplished by random field
inspections by applicant personnel during construction activities.
NOI-3 Equipment not in use for five minutes shall be shut off.
NOI-4 Equipment shall be maintained and operated such that loads are secured from rattling or
banging.
NOI-5 Where available, electric-powered equipment shall be used rather than diesel equipment and
hydraulic-powered equipment shall be used instead of pneumatic power.
NOI-6 Construction employees shall be trained in the proper operation and use of equipment
consistent with these mitigation measures, including no unnecessary revving of equipment.
NOI-7 No radios or other sound equipment shall be used at this site unless required for emergency
response by the contractor.
NOI-8 Public notice shall be given prior to initiating construction. This notice shall be provided to all
property owners/residents within 300 feet of the project site and shall be provided to property
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owners/residents at least one week prior to initiating construction. The notice shall identify the
dates of construction and the name and phone number of a construction supervisor (contact
person) in case of complaints. One contact person shall be assigned to the project. The public
notice shall encourage the adjacent residents to contact the supervisor in the case of a
complaint. Resident’s will be informed if there is a change in the construction schedule. The
supervisor shall be available 24/7 throughout construction by mobile phone. If a complaint is
received, the contact person shall take all feasible steps to remove the sound source causing
the complaint.
Transportation / Traffic
TRAF-1 The construction contractor will provide adequate traffic management resources, as determined
by the City of San Bernardino. The City shall require a construction traffic management plan for
work in public roads that complies with the Work Area Traffic Control Handbook, or other appli-
cable standard, to provide adequate traffic control and safety during excavation activities. At a
minimum this plan shall include how to minimize the amount of time spent on construction
activities; how to minimize disruption of vehicle and alternative modes of transport traffic at all
times, but particularly during periods of high traffic volumes; how to maintain safe traffic flow on
local streets affected by construction at all times, including through the use of adequate
signage, protective devices, flag persons or police assistance to ensure that traffic can flow
adequately during construction; the identification of alternative routes that can meet the traffic
flow requirements of a specific area, including communication (signs, webpages, etc.) with
drivers and neighborhoods where construction activities will occur; and at the end of each
construction day roadways shall be prepared for continued utilization without any significant
roadway hazards remaining.
Tribal Cultural Resources
TCR-1 If human remains or funerary objects are encountered during any activities associated with the
project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the
County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that
code enforced for the duration of the project.
TCR-2 In the event that Native American cultural resources are discovered during project activities, all
work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified
archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on
the other portions of the project outside of the buffered area may continue during this
assessment period. Additionally, San Manuel Band of Mission Indians will be contacted if any
such find occurs and be provided information and permitted/invited to perform a site visit when
the archaeologist makes his/her assessment, so as to provide Tribal input.
TCR-3 If significant Native American historical resources, as defined by CEQA (as amended, 2015),
are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be
retained to develop an cultural resources Treatment Plan, as well as a Discovery and
Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians
for review and comment.
a. All in-field investigations, assessments, and/or data recovery enacted pursuant to the
finalized Treatment Plan shall be monitored by a San Manuel Band of Mission Indians
Tribal Participant(s).
b. The Lead Agency and/or applicant shall, in good faith, consult with San Manuel Band of
Mission Indians on the disposition and treatment of any artifacts or other cultural materials
encountered during the project.
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Utilities and Service Systems
UTIL-1 The contract with demolition and construction contractors shall include the requirement that all
materials that can feasibly be recycled shall be salvaged and recycled. This includes but not
limited to wood, metals, concrete, road base and asphalt. The contractors shall submit a
recycling plan to the City for review and approval prior to the construction of demoli-
tion/construction activities.
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REFERENCES
CRM TECH, "Historical/Archaeological Resources Survey Report, 40th Street Widening Project, Johnson
Street to Electric Avenue, City of San Bernardino, San Bernardino County, California” dated
September 8, 2017
Giroux & Associates, "Air Quality and GHG Impact Analysis, 40th Street Widening Project, San
Bernardino, California” dated September 9, 2017
City of San Bernardino General Plan, November 1, 2005
South Coast Air Quality Management District, Air Quality Handbook, November 1993 Rev.
U.S. Department of Agriculture, Natural Resources Conservation Service, National Cooperative Soil
Survey, "Soil Map—San Bernardino County Southwestern Park, California" generated November 4,
2016
U.S. Fish and Wildlife Services, "IPaC Trust Resources Report" generated March 24, 2017, pertaining to
the Widening of Fortieth Street between Johnson Street and Electric Avenue footprint only
http://www.arb.ca.gov/adam/
https://soilseries.sc.egov.usda.gov/OSD_Docs/H/HANFORD.html
https://www.sbcounty.gov/calmast/sbc/html/emergency_plan_routes.asp
https://www.zillow.com/homes/for_sale/San-Bernardino-CA/20328_rid/globalrelevanceex_sort/34.36526.-
117.089196.34.000588.-117.089196.34.000588.0117.586327_rect/10_zm/0_mmm/
http://ceres.ca.gov/ceqa/guidelines/
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FIGURES
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APPENDIX 1
AIR QUALITY
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APPENDIX 2
IPaC
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APPENDIX 3
CULTURAL RESOURCES
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APPENDIX 4
SOILS
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APPENDIX 5a
STORM DRAIN PLANS
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APPENDIX 5b
HYDRAULIC CALCS
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APPENDIX 5c
STORM DRAIN PLANS (2)
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117
2.56.171 (Repealed by Ord. MC-1453, 1-17-18)
2.56.173 (Repealed by Ord. MC-1453, 1-17-18)
2.56.175 (Repealed by Ord. MC-1453, 1-17-18)
2.56.180 (Repealed by Ord. MC-1453, 1-17-18)
2.56.190 (Repealed by Ord. MC-1453, 1-17-18)
2.56.195 (Repealed by Ord. MC-1318, 10-20-09)
Chapter 2.57
ONLINE OR ELECTRONIC FILING OF
FAIR POLITICAL PRACTICES COMMISSION FORMS.
Sections:
2.57.010 Fair Political Practices Commission Form 460
2.57.010 Fair Political Practices Commission Form 460
Any person required to file a Fair Political Practices Commission Form 460 by
Government Code Section 84100, et seq. shall file the Form 460 online or electronically
with the City Clerk. Any form filed electronically with the City Clerk shall not be required
to be filed in paper format.
(Ord. MC-1394, 12-16-13)
Chapter 2.58
MEETINGS
Sections:
2.58.010 Mayor and City Council
2.58.020 Meetings of boards, commissions and committees
2.58.030 City Council Conduct - Generally
2.58.040 Mayor's Conduct- Generally
2.58.050 Conduct at Meetings and Relating to City Business
2.58.060 Prohibiting disruptive conduct at meetings
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2.58.070 Willful Disruptions of Meetings of the Mayor
and City Council
2.58.080 Holidays
2.58.090 Familiarity with Ralph M. Brown Act required
2.58.100 Continuances; fee
2.58.010 Mayor and City Council
A.Regular meetings of the Mayor and City Council of the City of San Bernardino
shall be held on the first and third Wednesdays of each month commencing at
four p.m. (4 p.m.) for Closed Session and at five p.m. ( 5 p.m.) for Open Session
at the City Council Chambers, City Hall, 300 North "D" Street, San Bernardino,
California, or such other location within the City as may be properly noticed.
(Ord. MC-1438, 4-17-17; Ord. MC-1388, 6-03-13)
B.The City Council, as the elected body serving all of the residents of the City, shall
perform its duties and exercise its powers in a manner that serves the best interests
of the entire City, rather than any particular geographic area or special interest.
(Ord. MC-1438, 4-17-17; Ord. MC-1134, 12-04-02; Ord. MC-883, 9-08-93;
Ord. MC-715, 4-02-90; Ord. MC-98, 9-15-81; Ord. 3652, 7-15-77; Ord. 2284, 2-24-60)
2.58.020 Meetings of boards, commissions and committees
The dates, times and places of regular meetings of all boards, commissions and
committees of the City shall be set forth in one or more ordinances or resolutions of the
Mayor and City Council.
(Ord. MC-1438, 4-17-17; Ord. MC-184, 7-07-82; Ord. 3638, 4-20-77)
2.58.030 City Council Conduct - Generally
As provided in Section 302 of the Charter, the City Council and Mayor are required
to implement a Code of Conduct to guide their interactions and create accountability.
In accordance with Section 302, the members of the City Council shall conform their
conduct to the following rules:
A.The role of the City Council is legislative in character, which includes the power to
set policy, approve contracts and agreements not within the authority of the City
Manager or his subordinates, and undertake other obligations consistent with the
Charter and Code, while deferring to the discretion of management and staff to
choose the appropriate means to achieve the Council's goals
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B.The City Council, as the elected body serving all of the residents of the City, shall
perform its duties and exercise its powers in a manner that serves the best interests
of the entire City, rather than any particular geographic area or special interest.
(Ord. MC-1438, 4-17-17; Ord. MC-390, 7-09-84)
2.58.040 Mayor's Conduct- Generally
A.The Mayor will build consensus with the City Council to create and implement a
shared vision and plan of implementation to restore the City's fiscal integrity.
B.The Mayor will establish and maintain partnerships and regional leadership roles to
advance the City's interest.
C.The Mayor will be the chief spokesperson for the City.
D.The Mayor will be the presiding officer at meetings of the City Council and willfully
participate in discussions.
E.The Mayor will work with the City Council and City Manager to coordinate goal setting
and the performance evaluation of the City Manager.
(Ord. MC-1438, 4-17-17)
2.58.050 Conduct at Meetings and Relating to City Business
The residents and businesses of the City of San Bernardino are entitled to have fair,
ethical and accountable local government which has earned the public's full confidence
for integrity. The City will operate in an open, honest and transparent manner. To this end,
the Mayor and City Council of the City of San Bernardino will adhere to the following Code
of Conduct to assure public confidence in the integrity of local government, its effective
operations, and fair treatment of people.
A.The professional and personal conduct of the Mayor and City Council must be
above reproach and avoid the appearance of impropriety. The Mayor and members
of the City Council shall refrain from abusive conduct, personal or verbal attacks
upon the character or motives of each other, the staff or the public.
B.The Mayor and members of the City Council shall perform their duties in
accordance with the procedural rules for meetings, established by them, in
governing the deliberation of public policy issues, involvement of the public and
the implementation of policy decisions of the Mayor and City Council by City staff.
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C.The Mayor and City Council shall prepare themselves for public issues; listen
courteously and attentively to all public discussions before the body; and focus
on the business at hand. They shall refrain from interrupting other speakers;
making personal comments not germane to the business of the body; or otherwise
interfering with the orderly conduct of meetings.
D.The Mayor and City Council shall base their decisions on the merits and substance
of the matter at hand, rather than on unrelated considerations.
E.The Mayor and City Council shall publicly share substantive information that is
relevant to the matter under their consideration, which they may have received
from sources outside of the public decision-making process.
F.In order to assure their independence and impartiality on behalf of the common
good, the Mayor and City Council shall not use their official positions to influence
government decisions in which they have a material financial interest; or where
they have an organizational responsibility or personal relationship which may give
the appearance of a conflict of interest.
G.The Mayor and City Council shall not take any special advantage of services or
opportunities for personal gain, by virtue of their public office that is not available to
the public in general. They shall refrain from accepting any gifts, favors or promises
of future benefits which might compromise their independence of judgment or
action, or give the appearance of being compromised.
H.The Mayor and City Council shall respect the confidentiality of information
concerning the property, personnel or affairs of the City. They shall neither disclose
confidential information without proper legal authorization, nor use such information
to advance their personal, financial or other private interest.
I.The Mayor and City Council shall not use public resources that are not available
to the public in general, such as City staff time, equipment, supplies or facilities for
private gain or personal purposes.
J.The Mayor and City Council shall refrain from using their position to unduly
influence the deliberations or outcomes of commission proceedings.
K.The Mayor and City Council will not divert management from the approved
priorities with issues of personal interest or requests for information that may
require significant staff resources without the active approval of the majority of
the Mayor and City Council. The Council will come to consensus regarding major
issues that need further exploration and analysis so as to judiciously give direction
to the City Manager and his staff. This language does not prohibit the Mayor,
Council Members, City Attorney, or City Clerk, from bringing information forward
and discussing it with the City Manager and/or staff.
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L When the Mayor and City Council have not taken a position on an issue, neither
the Mayor nor any Council Member should speak on behalf of the Mayor and
City Council. When presenting their individual opinions and positions, Council
Members should explicitly state that they do not represent their body, the City of
San Bernardino, nor should they encourage the inference that they do. After a
decision is made, the Mayor serves as the spokesperson for the City's view on
policy matters; the City Council should speak with "one voice."
M.The Mayor and City Council shall support the maintenance of a positive and
constructive work place environment for City employees and for residents and
businesses dealing with the City. The Mayor and City Council shall recognize their
special role in dealings with City employees and in no way create the perception
of inappropriate direction to staff.
N.With respect to communications with the City Manager and staff:
1.Unless it is a simple inquiry, the Mayor or members of the City Council will
contact the City Manager before going to Department Heads.
2.When contacting Department Directors through e-mail, the Mayor and Council
Members will copy the City Manager as a courtesy.
3.The City Manager will ensure that the Mayor and City Council are proactively
informed on major policy issues or issues that may attract media or public
attention; likewise, the Mayor and City Council members will give the City
Manager notice if he or she learns of issues of concern.
4.The Mayor, City Council, City Manager and staff will not blindside each other
in public.
5.Council members are encouraged to submit questions on agenda items to
the City Manager as far in advance of the meeting as possible so that staff
can be prepared to respond at the meeting.
6.The Mayor and City Council will refer citizen complaints to staff and give them
adequate time to respond. Staff will report back to the Council through the
City Manager on the resolutions of these complaints.
7.The Mayor and Councilmembers will be provided with information from staff
and other members on an equal basis so that they are equally prepared to
make good decisions.
(Ord. MC-1438, 4-17-17)
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2.58.060 Prohibiting disruptive conduct at meetings
The Mayor or any member of the City Council shall not engage in disorderly or
disruptive conduct in the presence of the City Council at public meetings, which conduct
actually disrupts, disturbs or impedes the City Council meeting. The City Council shall have
power to punish the Mayor or any of its members for disorderly or disruptive conduct_in
its presence after first providing notice of the prohibited behavior and an opportunity to be
heard. The fine shall not exceed the sum of fifty dollars.
(Ord. MC-1438, 4-17-17)
2.58.070 Willful Disruptions of Meetings of the Mayor and City Council
Understanding that the purpose of the meetings of the Mayor and City Council is to
conduct the people's business for the benefit of all the people, in the event that anymeeting
of the Mayor and City Council is willfully disrupted by a person or by a group of persons
so as to actually impair the orderly conduct of the meeting, the Mayor may proceed
pursuant to Government Code §54957.9 or any applicable penal statute orordinance. For
the purposes of these rules "willfully disrupt" includes, but is not limited to, continuing to
do any of the following after being warned by the Mayor that continuing to do so will be a
violation of law:
a.Addressing the Mayor and City Council without first being recognized.
b.Persisting in addressing a subject or subjects, other than that before the Mayor and
City Council.
c.Repetitiously addressing the same subject.
d.Failing to relinquish the podium when directed to do so.
e.From the audience, interrupting or attempting to interrupt, a speaker, the Mayor,
a Council member, or a staff member or shouting or attempting to shout over a
speaker, the Mayor, a Council member or a staff member.
f.As a speaker, interrupting or attempting to interrupt the Mayor, a Council member,
or a staff member, or shouting over or attempting to shout over the Mayor, a Council
member, or a staff member. Nothing in this section or any rules of the Council shall
be onstrued to prohibit public criticism of the policies, procedures, programs, or
services of the City or of the acts or omissions of the Mayor and City Council.
It shall be unlawful to violate the provisions of this section. If any subsection,
sentence, clause, or phrase or word of this section 2.58.070 is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity
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of the remaining portions of this section. The Mayor and City Council hereby
declare that it would have passed this section and each subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more subsections,
sentences, clauses, phrases or words had been declared invalid or
unconstitutional.
(Ord. MC-1438, 4-17-17)
2.58.080 Holidays
In the event the date of a meeting falls on a City holiday, the next business day
following such holiday shall be the meeting date, at the same time and place, except as
determined by the City Council.
(Ord. MC-1438, 4-17-17)
2.58.090 Familiarity with Ralph M. Brown Act required
The clerk or secretary of each board, commission and committee shall review and
be familiar with the provisions of the Ralph M. Brown Act, Government Code Section
54950, et seq.
(Ord. MC-1438, 4-17-17)
2.58.100 Continuances; fee
Any person, firm, corporation or other entity having an appeal, or other item on
the agenda of the Mayor and City Council may request a continuance of such item by
submitting a request therefor to the City Clerk prior to the item being heard. Such request
must be accompanied by a processing fee established by resolution of the Mayor and
City Council. The granting of a continuance shall be subject to the complete discretion
of the Mayor and City Council taking all of the facts and circumstances of the matter into
consideration. If the request for continuance is received by telephonic communication or
other means where the requester is not present, the continuance may be granted subject
to the receipt of the processing fee prior to the new agenda date. Should the request for a
continuance be denied any processing fee paid shall be returned upon application made
by the payor within ninety (90) days. Any subsequent request for a continuance shall
require an additional fee.
The fee provided for by this ordinance and set by any resolution adopted pursuant
thereto shall not apply to any continuance requested by the City, any department or officer
thereof or by any agency or other entity which is funded primarily by the City.
(Ord. MC-1438, 4-17-17)
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