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135 ORDINANCE NO. 13 5 `"W MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA ADDING TITLE 16 TO THE GRAND TERRACE MUNICIPAL CODE ENTITLED "REGIONALREGULATIONS"AND ADDING CHAPTER 16.04 THERETO PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION AND VEHICLE REGISTRATION FEES The City Council does hereby find and determine as follows: WHEREAS, increasingly, cities are being regulated by regional regulations requiring a coordinated approach; and WHEREAS, the City Council does hereby desire to establish a title of the Grand Terrace Municipal Code that sets forth regional regulations; and WHEREAS, the City is committed to improving the public health, safety and welfare, including air quality; and WHEREAS, mobile sources are a major contributor to air pollution in the South Coast Air Basin and must be reduced to attain the air quality goals for the region '\r established by the State; and WHEREAS, the South Coast Air Quality Management Plan (AQMP) calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act of 1988 by developing and implementing mobile source air pollution reduction programs; and WHEREAS, such programs place demands upon the City's funds, therefore, those programs should be financed by shifting the responsibility for financing from the general fund to the motor vehicles creating the demand, to the greatest extent possible; and WHEREAS, Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990, authorizes the South Coast Air Quality Management District (SCAQMD) to impose an additional motor vehicle registration fee of two dollars ($2), commencing on April 1, 1991,increasing to four dollars ($4), commencing on April 1, 1992,to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act; and WHEREAS, forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Section 44243 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance; and WHEREAS, the City is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of this ordinance; and WHEREAS, the prorated share of the fee revenues for cities that fail to adopt an ordinance pursuant to Section 44243(B)(3) of the Health and Safety Code shall be distributed instead to the jurisdictions within the District that have adopted an ordinance; NOW, THEREFORE, the City Council does ordain as follows: Section 1: That Title 16 "Regional Regulations" and Chapter 16.04 "Mobile Source Air Pollution Reduction and Vehicle Registration Fees" are hereby added to the Grand Terrace Municipal Code to read: TITLE 16 REGIONAL REGULATIONS CHAPTER 16.04 MOBILE SOURCE AIR POLLUTION REDUCTION AND VEHICLE REGISTRATION FEES 16.04.010 Intent. This ordinance is intended to support the SCAQMD's imposition of the vehicle registration fee and to bring the City into compliance with the requirements set forth in section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. 16.04.020 Definitions. For the purpose of this Chapter, the definition of the following terms shall apply: (a) "City"shall mean the City of Grand Terrace. (b) "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5.5 of Part 3 of the California Health and Safety Code. (c) "Fee Administrator" shall mean the Finance Director of the City or his/her designee. • 16.04.030 Administration of Vehicle Registration Fee. (a) Receipt of Fee. The additional vehicle registration fees disbursed by the SCAQMD and remitted to the City, pursuant to this ordinance, shall be accepted by the Fee Administrator. (b) Establishment of Air Quality Improvement Trust Fund. The Fee Administrator shall establish a separate trust fund to receive deposits of these funds. (c) Transfer of Funds. Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into a separate Fund established pursuant to Subsection (2) above. All interest earned by the Trust Fund Account shall be credited only to that account. (d) Expenditure of Air Quality Trust Fund Revenues. All revenues received from the SCAQMD and deposited in the Trust Fund Account shall be exclusively expended on mobile source emission reduction programs as defined in Section 16.04.020(b)above. Such revenues and any interest earned on the revenues shall be expended within one (1) year of the completion of the programs. (e) Audits. The City consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Section 44223 of the Health and Safety Code. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Sections 44244 and 44244.1(a) of the Health and Safety Code. Section 2. The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience. Section 3. Should any sentence, section, clause, part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section 4. The City Clerk shall certify to the adoption of this ordinance and cause it to be posted as required by law. This ordinance shall take effect thirty (30) days after adoption. • First read at a regular meeting of the City Council of said City held on the 8th day of August, 1991, and finally adopted and ordered posted at a regular meeting of said City Council on the 22nd day of August, 1991. ATTEST: City Clerk of the City of rand Terrace mq6r of the City of Grand Terrace and of the City Council thereof a of the City Council thereof I, Brenda Stanfill, Deputy City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 22nd day of August, 1991 by the following vote: AYES: Councilmembers Carlstrom and Christianson ; Mayor Pro Tem Grant ; Mayor Matteson NOES: None ABSENT: Councilmember Hilkey ABSTAIN. None Deputy City Clerk Approved as to form: City Attorney AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss . CITY OF GRAND TERRACE ) I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , being first duly sworn , depose say : That I , at all times herein mentioned , was and now am the duly qualified Deputy City Clerk of Grand Terrace , State of California ; that on the 23rd day of August , 1991 , I caused to be posted in t red e conspicuous public places , as required by law, the following : ORDINANCE NO. 135: ADDING TITLE 16 TO THE GRAND TERRACE MUNICIPAL CODE ENTITLED "REGIONAL REGULATIONS" AND ADDING CHAPTER 16.04 THERETO PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION AND VEHICLE REGISTRATION FEES. ( 1 ) City Hall ( 2 ) Grand Terrace Branch of the Colton Post Office ( 3 ) Grand Terrace Branch Library BRENDA STANFILL DEPUTY CITY CLERK b race immons 4 ORDINANCE NO. 136 AN URGENCY ORDINANCE OF THE CITY COUNCIL .r OF THE CITY OF GRAND TERRACE RELATING TO RECYCLABLE MATERIALS AND PROHIBITING SCAVENGING OF SUCH MATERIALS AND AMENDING ORDINANCE 127. The City Council of the City of Grand Terrace does hereby ordain as follows : SECTION 1. Ordinance 127 is hereby amended as follows : Recyclable materials . Recyclable materials are defined as materials which have an economic value in the secondary materials market. From the time of placement of recyclable materials in a designated collection receptacle or in any container used for recycling provided by the City ' s authorized agent, said recyclable materials shall be and become the property of the City ' s authorized agent. It shall be a violation of this Ordinance for any person not authorized by the City to remove or interfere with said containers and/or the recyclable materials used or deposited in the said containers . Any and each such removal or �- interference shall constitute a seperate offense punishable as a misdemeanor with, however , a maximum fine of $500. 00 and a maximum of six ( 6 ) months in the County Jail . SECTION 2. Declaration of Urgency . This Ordinance is hereby declared to be an Urgency measure pursuant to Government Code Section 36937 ( b ) for the immediate preservation of the Public peace , health and safety , containing a declaration of the facts constituting the urgency , and passage is by four- fifths ( 4/5 ) vote of the City Council . Facts constituting the urgency are hereby declared to be the following : 1 . Removal of items would likely result in higher rates for recycling ; 2. Rummaging for items causes litter and debris in the parkway and upon sidewalks and adjacent areas ; 3. Rummaging for items causes litter and debris in City roadway areas . SECTION 3. Validity . If any section , subsection , sentence , clause or phrase of the Ordinance shall for any reason be invalid , such holding or holdings shall not affect the validity of the remaining portions of this ordinance . The City Council has declared that it would have passed this ordinance and each section , subsection , sentence , clause or phrase thereof, irrespective of the fact that any one or more section , subsection , sentence , clause or phrase thereof, be declared invalid . SECTION 4. Posting . This Ordinance shall take effect immediately upon adoption , and the City Clerk is hereby directed to post this Ordinance , pursuant to law, in three ( 3 ) public places designated for such purpose by the City Council within fifteen ( 15 ) days of the passage hereof. PASSED, APPROVED, AND ADOPTED this 22nd day of August, 1991 . ATTEST : Deputy City Clerk of the Kaypt of t e City o City of Grand Terrace and Grand Terrace and of the of the City Council thereof City Council thereof I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , California , do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace �., held on the 22nd day of August, 1991 by the following vote : AYES : Councilmember Carlstrom, Christianson , Mayor Pro Tem Grant ; Mayor Matteson NOES : None ABSENT : Councilmember Hilkey ABSTAIN : None Approved as to form 9 Deputy City Clerk City ttorney 2 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss . CITY OF GRAND TERRACE ) I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , being first duly sworn , depose say : That I , at all times herein mentioned , was and now am the duly qualified Deputy City Clerk of Grand Terrace , State of California ; that on the 30th day of AUGUST , 1991 , I caused to be posted in t ree conspicuous public places , as required by law, the following : AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE Qr RELATING TO RECYCLABLE MATERIALS AND PROHIBITING SCAVENGING OF SUCH MATERIALS AND AMENDING ORDINANCE 127 ( 1 ) City Hall ( 2 ) Grand Terrace Branch of the Colton Post Office ( 3 ) Grand Terrace Branch Library BRENDA STANFILL DEPUTY CITY CLERK b raceR. SImmons ORDINANCE NO. 137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, ESTABLISHING FIRE SERVICE FEES FOR FIRE PREVENTION AND PLANNING SERVICES. The City Council of the City of Grand Terrace does hereby ordain as follows : SECTION 1. The City Council of the City of Grand Terrace hereby finds and determines : ( A) That the City of Grand Terrace has grown at a very rapid pace in recent years . Such growth has caused an increased demand upon Fire Dept/CSA 38 to perform necessary services including plan checking , plan review, permit issuance , inspections and public education ; ( B) That the increased demand for such services cannot be met with present resources ; ( C ) That fire safety inspections are not keeping pace with development, which may result in serious public safety consequences ; ( D) That all planned development requires adequate review in order to meet fire safety standards and reduce the risk of injury and property damage ; ( E ) That in order to reduce such risk , provide proper planning and insure fire safety through a program of inspections and community education , the Fire Dept/CSA 38, needs to charge and collect the fees established herein ; ( F) That such fees reasonably cover , but do not exceed , the estimated cost of providing the services for which said fees are charged ; ( G ) That pursuant to Government Code Sections 24008 and 25210. 59 , and Health and Safety Code Section 13916, the Fire Dept/CSA 38 is hereby assigned the duty to perform those specific functions and activities related to the fees set forth herein ; ( H ) That the performance by the Fire Dept/CSA 38 of the activities for which fees are charged herein is in support of the work of the City Planning Agency , as provided in Government Code Section 65104 ; ( I ) That such fees are for the purpose of meeting the operating expenses of the Fire Dept/CSA 38 and the adoption of said fees is exempt from the provisions of the California 4W Environmental Quality Act Under Public Resources Code Section 21080 ( b) ( 8 ) . SECTION 2. Fire Service Fees shall be paid to the Fire Chief as follows : ( A) Fire safety requirement pre-application and application review fee prior to Development Review Committee ( 1 ) Minor subdivisions $ 100. 00 ( 2 ) Tract $200 . 00 ( 3 ) Site approval ( conditional use permit) $160. 00 ( 4 ) Planned unit and residential developments $500. 00 ( 5 ) Special project review ( outside of County process ) where the County is not the clearing house ) $500. 00 ( B) Fire Safety requirement plan review, building and/or system( s ) inspection ( 1 ) Single family dwellings and mobile homes ( not to exceed $800. 00 per tract ) $ 80 . 00 ( 2 ) Multi-family dwellings ( per unit) $ 40. 00 ( 3 ) Commercial --up to 5 , 000 sq . ft . $100. 00 ( 4 ) Commercial --over 5, 000 sq . ft . ( No additional fee for building over 250, 000 sq . ft . ) ( per sq . ft . ) $ . 02 ( 5 ) Industrial --up to 5 , 000 sq . ft . $100. 00 ( 6 ) Industrial --over 5 , 000 sq . ft. ( per sq. ft . ) ( No additional fee for building over 250, 000 sq . ft . ) ( per sq . ft . ) $ . 02 ( 7 ) Interior and/or exterior building alteration ( per individual suite/ floor ) $ 80. 30 `ftw ( 8 ) Sprinkler systems : ( a ) All new systems and altered systems more than twenty heads $160. 00 ( b ) Twenty heads or less ( alteration only ) $ 60. 00 ( 9 ) Engineered or pre-engineered automatic suppression systems ( excluding water ) $ 80. 00 ( 10 ) Fire alarm systems $ 80. 00 ( 11 ) The charge for any revision of a previously approved plan for any of the above shall be $40. 00 per hour for the time spent in review, but not less than 25% of the original fee . ( 12 ) Failure to keep field inspection appointment without notification ( one hour minimum) $ 40. 00 ( 13 ) Same day ( short notice demand ) field inspection ( one hour minimum) $ 40. 00 ( 14 ) Division consultation fees not otherwise stated ( except phone consultations ; one hour minimum) $ 40. 00 ( 15 ) Fire flow test ( one hour--two people ) $ 80. 00 ( 16 ) When an outside consultant is used for plan check , the fee shall be paid by the developer/ contractor or owner to the consultant prior to plan approval . ( 17 ) Additional field inspections required after the initial inspection and one follow up inspection ( per hour or portion thereof to the nearest 1/2 hour ) $ 40. 00 2 ( C ) Fire safety permits ( single issuance or as otherwise noted ) : ( 1 ) Above ground storage or use of flammable or combustible liquids ( more than 60 gallons ) $100. 00 ( 2 ) Liquefied petroleum gas ( store , handle , transport or use more than 500 gallons ; excluding R-3 occupancies ) $ 60. 00 ( 3 ) Fireworks-inspections ; public display $ 80. 00 (4 ) Message parlors $ 60. 00 ( 5 ) Explosives and blasting agents ; permit and inspection $ 60. 00 ( 6 ) Flammable and combustile liquids ; tank removal inspection ( per tank) $ 60. 00 ( 7 ) H zardous chemicals--storage , handling , or use as a solid , liquid or gas , other than underground tanks ( per permit) $ 60. 00 ( 8 ) Industrial operations ( per fire suppressions extinguishing system) $ 60. 00 ( 9 ) Title 19 Inspections ( inspection ) $ 60. 00 SECTION 3 This Ordinance shall take effect thirty ( 30 ) days from the date of adoption . SECTION 4 The City Clerk shall cause this ordinance to be posted in three ( 3 ) public places designated for such purpose by the City Council . SECTION 5 First read at regular meeting of the City Council of said City held on the 14th day of November , 1991 , and finally 4W adopted and ordered posted at a regular meeting of said City Council on the 12th day of December , 1991 . ATTEST : i Deputy City Merk f the �Ma r of -the City f Grand City of Grand Terrace and T race and the City Council City Council thereof thereof 3 I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , California , do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12th day of December , 1991 by the following votes : AYES : Councilmembers Carlstrom and Christianson ; Mayor Pro Tem Grant NOES : Councilmember Hilkey ; Mayor Matteson ABSENT : None ABSTAIN : None Approved as to form < (Eg D6 ruty City er k IJ 71ty -At torn h y • 4 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss . CITY OF GRAND TERRACE ) I , BRENDA STANFILL , Deputy City Clerk of the City of Grand Terrace , being first duly sworn , depose say : That I , at all times herein mentioned , was and now am the duly qualified Deputy City Clerk of Grand Terrace , State of California ; that on the 16th day of December , 1991 , I caused to be posted in t rem e conspicuous public places , as required by law, the following : ORDINANCE NO. 137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, ESTABLISHING FIRE SERVICE FEES FOR FIRE PREVENTION AND PLANNING SERVICES. ( 1 ) City Hall ( 2 ) Grand Terrace Branch of the Colton Post Office ( 3 ) Grand Terrace Branch Library BRENDA STANFILL DEPUTY CITY CLERK by race im ons