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291 L ORDINANCE NO. 291 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PURSUANT TO SECTION 36937 OF THE CALIFORNIA GOVERNMENT CODE BY ADDING SECTION 10.04.462 TEMPORARY NO PARKING TO TITLE 10 OF THE GRAND TERRACE MUNICIPAL CODE FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY WHEREAS, the City of Grand Terrace ("City") has adopted a General Plan, including Land Use and Public Health and Safety Elements; and WHEREAS, the public health, safety and welfare is fully articulated in the City's General Plan; and WHEREAS, Government Code Section 36937 provides for the adoption of an urgency ordinance for certain expressed purposes and by a vote of four-fifths (4/5) majority of the voting City Council members. WHEREAS,this urgency ordinance is based on the following facts: 1. The City of Grand Terrace has the authority, under its police power, to enact regulations for the public peace,morals, and welfare of the City; and 2. Due to the City's geography, roadways within the City periodically carry storm water at substantial volumes and velocity of water, which has the potential to impact private properties when such storm water strikes obstructions such as parked vehicles; and 3. Due to predictions of a significant El Nino event this winter season which makes it imperative to establish the City's authority to establish no parking restrictions on City roadways. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS URGENCY ORDINANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36937 AS FOLLOWS: SECTION 1. Title 10 of the Grand Terrace Municipal Code is amended by adding a Section 10.04.462 to read as follows: ORDINANCE NO. 291 PAGE 1 OF 4 JANUARY 12, 2016 "Section 10.04.462—Temporary No Parking A. City council's designation of authority to designate a temporary no parking area. When, in the determination of the City Manager or his or her designee, parking upon any street or highway within its jurisdiction, or any portion thereof, would create a threat to or detrimental impact upon the public health and safety, the City Manager is authorized to designate a temporary no parking safety zone upon the street or highway, or portion thereof, where the threat exists. Parking shall be prohibited within the designated no parking safety zone, effective immediately upon such determination by the City Manager, or designee, and the posting of signs providing notice thereof. B. Sign posting and enforcement authority. Upon the designation of a no parking safety zone, The city manager shall post temporary no parking signs in a manner provide adequate notice of the no parking restriction and the city police department is empowered to enforce these restrictions pursuant to Sections 22500 and 22507 of the California Vehicle Code. C. Sign construction. The temporary no parking signs shall be of distinctive color,bearing the words "temporary no parking zone," and shall be placed not less than 100 feet apart within the affected area, and shall be not less than twenty-four inches above the ground. \} D. Violation deemed infraction. Violations of this chapter shall constitute an infraction punishable by a fine of not less than fifty dollars dollars. E. Violation—Towing of vehicles. Vehicles in violation of this chapter may be towed at the owner's expense." SECTION 2. URGENCY CLAUSE. The City Council finds and declares that this ordinance is required for the immediate protection of the public health, safety and welfare as previously stated in this ordinance, and that this ordinance shall become effective immediately upon its adoption and will continue in full force and effect in accordance with Government Code 36937. SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this } Ordinance will have a significant effect on the environment. >, ORDINANCE NO. 291 PAGE 2 OF 4 JANUARY 12, 2016 SECTION 4. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code ' or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become effective immediately from and after its passage. ATTEST: r - _ Pa cqu N_ ar s Darc*McN City`C'lerk Approved as to form: Richard L. Adams, II City Attorney r- ORDINANCE NO. 291 PAGE 3 OF 4 JANUARY 12, 2016 I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the , foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the 1 City of Grand Terrace held on the 121h day of January, 2016, by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None Pat Ja City Clerk I � ORDINANCE NO. 291 PAGE 4 OF 4 JANUARY 12, 2016