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10/23/2003
F ILE GOP C- IT �zenDTERR Ce October 223, 2003 22795 Barton Road Grand Terrace California 92313-5295 Civic Center (909)824-6621 Fax(909)783-7629 Fax(909)783-2600 CITY ,OF GRAND TERRACE Lee Ann Garcia Mayor Maryetta Ferre CRA/CITY COUNCIL ' - MayorProTem - , REGULAR MEETINGS Herman Hilkey DonLarkin 2ND AND 4TH Thursday - 6:30 p.m. Bea Cortes Council Members Thomas J.Schwab City Manager Council Chambers 'Grand Terrace Civic Center 22795 Barton-Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS OCTOBER 23, 2003 GRAND TERRACE CIVIC CENTER 6:30 PM 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERI CANS WITH D1SABIL}TIES ACT OF 1990.IF YOU IZEQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK'S OFFICE AT(909) 824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS]'HE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TDIE. * Call to Order- * Invocation- * Pledge of Allegiance- * Roll Call - STAFF COUNCIL AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 10-09-2003 Mmutes Approve z _ 2. Update Resolution Authorizmg Investment in Local Agency Adopt Investment Fund (LAIF) 3 Closed Session-Real Estate Neeotiations(1167-231-07&1167- 231-08) ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. hems to Delete 2. SPECIAL PRESENTATIONS A. Home of Distinction Award B. Convnendmion-Hugh Grant C. Terrace Crest Baptist Church 3. CONSENT CALENDAR The followine Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member.or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register Dated October 23, 2003 Approve B. Ratify 10-23-2003 CRA Action C Waive Full Reading of Ordinances on Agenda COUNCIL AGENDA 10-23-2003 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION D. Approval of 10-09-2003 Minutes Approve E. Contracting -,with the City of San Bernardino for Animal Award Housing Services F. Update Resolution Authorizing lnvestirient in Local Agency Adopt Investment Fund(LAIF) 4. PUBLIC COMMENT 5. ORAL REPORTS A Committee Reports 1. Emergency Operations Committee a. Minutes of 09-02-2003 Accept b. Appoint Regular Comnvnee Member(Nichols) Appoint 2. Crime Prevention Convnunee a. Minutes of 09-08-2003 Accept B Council Reports 6. PUBLIC HEARINGS A. An Ordinance of the City Council of the City of Grand Approve Terrace. California;Amending Title 6 of the Grand Terrace Municipal Code and Establishing Regulations Governing Animal Control 7. UNFINISHED BUSINESS A An Ordinance of the City of Grand Terrace, California Adopt Approving General Plan Amendment GPA-03-01, E-03-05 Adding the Noise Element and Respective Negative Declaration 8. NEW BUSINESS A. Adoption of a Resolution Calling for a Special Municipal Approve Election relating to Directly Electing the Mavor B. Schedule November and December City Council Meetings Schedule C. Regional Comnvnee Appointments D Highgrove/Grand Terrace Rail Station Review/Comment E. Town Fall Meetings Discuss 9. CLOSED SESSION-None ADJOURN I THE NEXT CRA/CITY COUN CIL MEETIN G W I LL BE HELD ON THURSDAY.NOVEMBER 13. 2003 AT 6:30 P.M .......................... ........................ .... ......... ... ...... ... .... ............... ..... AGENDA ITEM REQUESTS FOR THE 11-13-2003 MEETING MUST BE SUBMITTED INi WRITING TO THE CITY CLERK'S OFFICE BY NOON I 1-06-2003. PENDING C R A APPROVAL CITY OF GRAND TERRACE COMMUNITY REDE17ELOPMENT AGENCY MINUTES REGULAR MEETING - OCTOBER 9. 2003 A regular meeting of the Conmmunity Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, t on October 9, 2003 at 6:30 p.m. PRESENT: Lee Arm Garcia, Chairman Maryetta Fen-6, Vice-Chairman Heenan Hilkey, Agency Member Don Larkin, Agency Member Tom Schwab. Executive Director Brenda Stanfill, City Clerk Larry Rormow,Finance Director .levy Glander, Building & Safety Director Gary Koontz, Conununity Development Director Lt. Hector Guerra, Sheriff's Department ABSENT: Bea Cortes, Agency Member Steve Berry, Assistant City Manager Jolun Harper. City Attorney APPROVAL OF 09-25-2003 MINUTES r CRA-2003-31 MOTION BY VICE-CHAIRNIAINT FERRE, SECOND BY AGENCY MEMBER LARKIN, CARRIED 3-0-2-0 (AGENCY MEMBERS HILKEY AND CORTES WERE ABSENT). to approve the September 25,2003 Community Redevelopment Agency Minutes. Chairman Garcia adjourned the Community Redevelopment AgencyMeetrng at 6:35 pain.,until the next CRA/City Council Meeting scheduled to be held on Thursday; October 23, 2003, at 6:30 p.m. SECRETARY of the Conununity Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Conununity Redevelopment Agency of the City of Grand Terrace CRA AGENDA ITEM NO. Finance Department c" 00 D GRflMD TERR CE Staff Report CRA ITEM (a) COUNCIL ITEM O MEETING DATE: October 212003 AGENDA ITEM SUBJECT: UPDATE RESOLUTION AUTBORIZING INVESTMENT IN LAIF FUNDING REQUIRED NO FUNDING REQUIRED XX DISCUSSION: , r The last resolution of the Agency authorizing investment in the State Local Agency Investment Fund (LAIF) was adopted in 1982. Since then, personnel and/or position titles have changed. The attached resolution will make the Agency current for purposes of investing funds with LAIF. RECOMMENDATION: That the Agency Board adopt the revised resolution authorizing investment of Community Redevelopment Agency monies in the Local Agency Investment Fund. CRA AGENDA ITEM NO. 2 RESOLUTION NO. CRA-2003- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 82-01 ,AND AUTHORIZING INVESTMENT OF COMMUNITY REDEVELOPMENT AGENCY MONIES IN LOCAL AGENCY INVESTMENT FUND WHEREAS, pursuant to Chapter 730 of the Statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Community Redevelopment Agency of the City of Grand Terrace does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated herein is in the best interests of the said Community Redevelopment Agency; NOW, THEREFORE, BE IT RESOLVED that the Community Redevelopment Agency of the City of Grand Terrace does hereby rescind Resolution No. 82-01 and authorize the deposit and withdrawal of said Community Redevelopment Agency monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code fo.r the purpose of investment as stated therein. BE IT FURTHER RESOLVED THATTHE FOLLOWING Community Redevelopment Agency officers or their successor in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Thomas Schwab, Executive Director Larry Ronnow, Treasurer Christie Thierry, Finance Assistant PASSED, APPROVED AND ADOPTED this 23Id day of October, 2003. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand I Terrace I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2003- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of October, 2003, by the following vote: AYES: NOES: ✓ ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: �1 r City Attorney Check Register Dated October 23, 2003 vchlist Voucher List Page: 1 10/16/2003 3:00:11PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52423 10/2/2003 010125 BATES, DAWN 101803b BIRTHDAY BONUS 10-440-110-000-000 50.00 Total : 50.00 52424 10/2/2003 010164 GREAT-WEST 093003 SEPT 03 DEF COMP 10-022-63-00 7,810.53 10-022-64-00 1,047.24 Total : 8,857.77 52425 10/2/2003 010263 BRUNKA, TRACI 100603 BIRTHDAY BONUS 10-440-110-000-000 50.00 Total : 50.00 52426 10/2/2003 010122 LOVE, DIANA 100903 BIRTHDAY BONUS 10-440-110-000-000 50.00 Total : 50.00 52427 10/2/2003 006315 ROLLINS, RICHARD 101103 BIRTHDAY BONUS 10-450-245-000-000 50.00 Total : 50.00 52428 10/2/2003 010124 JACKSON, CANDICE 101803 BIRTHDAY BONUS 10-440-110-000-000 50.00 Total : 50.00 52429 10/2/2003 001206 ARROWHEAD CREDIT UNION 09092003 Aug/Sept. VISA Page: 1 COUNCIL AGENDA ITEM I vchlist Voucher List Page: 2 10/16/2003 3:00:11PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52429 10/2/2003 001206 ARROWHEAD CREDIT UNION (Continued) 23-200-12-00 949.94 10-022-56-00 - 169.20 10-110-270-000-000 2,443.21 10-120-210-000-000 205.11 10-120-270-000-000 527.58 101140-210-000-000 430.99 10-180-218-000-000 243.90 10-180-268-000-000 73.31 10-180-272-000-000 36.76 10-180-701-000-000 134.66 10-190-220-000-000 160.65 10-380-701-000-000 86.20 10-440-700-000-000 86.19 32-200-210-000-000 23.90 Total : 5,580.60 52430 10/3/2003 006315 ROLLINS, RICHARD Sept. 2003 Sept. Open/Close/Clean Park 10-450-245-000-000 1,100.50 Total : 1,100.50 52431 10/6/2003 005702 PUBLIC EMPLOYEES RETIREMENT 092603 PERS FOR PAYROLL END 9 26 03 10-022-62-00 5,976.69 Total : 5,976.69 52432 10/7/2003 010264 LINTERN, JAMES 10072003 Partial refund PR-01-02 10-420-15 300.00 Total : 300.00 52433 10/8/2003 003420 INLAND COUNTIES INSURANCE SVCS dental 10 03 VISION & DENTAL OCT 2003 10-022-63-00 905.20 10-022-61-00 63.00 Total : 968.20 52434 10/8/2003 004587 MANAGED HEALTH NETWORK MHN 10 03 MANAGED HEALTH NETWORK Page: 2 vchlist V,•. -,her List ��— Page: 3 10/16/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52434 10/8/2003 004587 MANAGED HEALTH NETWORK (Continued) 10-380-142-000-000 4.87 10-440-142-000-000 129.34 10-450-142-000-000 4.87 21-572-142-000-000 4.35 32-370-142-000-000 1.13 34400-142-000-000 14.97 34-800-142-000-000 0.73 10-022-61-00 10.74 10-120-142-000-000 9.73 10-125-142-000-000 9.73 10-140-142-000-000 14.86 10-172-142-000-000 1.69 10-175-142-000-000 1.13 10-180-142-000-000 14.37 10-370-142-000-000 6.51 Total : 238.02 52435 10/8/2003 006772 STANDARD INSURANCE COMPANY std STANDARD INS-LIFE AND DISABILITY 21-572-142-000-000 5.87 32-370-142-000=000 2.60 34-400-142-000-000 14.94 34-800-142-000-000 11.75 10-022-63-00 1,200.80 10-450-142-000-000 6.50 10-120-142-000-000 18.25 10-125-142-000-000 11.75 10-140-142-000-000 19.50 10-172-142-000-000 3.26 10-175-142-000-000 2.60 10-180-142-000-000 18.88 10-370-142-000-000 9.10 10-380-142-000-000 6.50 10-440-142-000-000 83.25- Total : 1,415.55 52436 10/8/2003 005452 PACIFICARE OF CALIFORNIA Health 10 03 PACIFICARE HEALTH INS Page: 3 vchlist Voucher List Page: 4 10/16/2003 3:00:11PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52436 10/8/2003 005452 PACIFICARE OF CALIFORNIA (Continued) 10-440-142-000-000 427.48 21-572-142-000-000 213.74 32=370-142-000-000 130.36 10-022-61-00 213.74 10-022-63-00 5,701.23 34-400-142-000-000 832.82 10-450-142-000-000 180.15 10-120-142-000-000 518.44 10-125-142-000-000 378.30 10-140-142-000-000 1,350.21 10-172-142-000'-000 165.80 10-175-142-000-000 132.64 10-180-142-000-000 - 616.63 10-370-142-000-000 456.26 10-380-142-000-000 213.74 Total : 11,540.54 52437 10/8/2003 004632 METLIFE metlife10 03 METL"IFE FOR OCTOBER2003 10-022-63-00 219.00 Total : 219.00 52438 10/9/2003 001038 VERIZON WIRELESS-LA 1811906645 Sept. cell service-Bldg/Safety 34-400-235-000-000 119.12 Total : 119.12 52439 10/13/2003 010265 RIVERSIDE TOW 10132003 Rollins tow/storaqe 3W47207 10-450-245-000-000 218.00 Total : 218.00 52440 10/13/2003 003200 HILKEY, HERMAN Oct.2003 Oct. Council &Agency Stipends 10-110-120-000-000 250.00 32-200-120-000-'000 150.00 Total : 400.00 52441 10/16/2003 006597 SCHOLASTIC BOOK FAIRS 10132003 Oct. Book Fair 23-200-14-00 769.60 Page: 4 vchlist V_. :her List Page: 5 10/16/2003 3:00:1113M CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52441 10/16/2003 006597 SCHOLASTIC BOOK FAIRS (Continued) Total : 769.60 52442 10/16/2003 010207 U. S. POSTMASTER 10152003 Bulk mail-Halloween Haunt 23-200=64-00 570.12 Total : 570.12 52443 10/16/2003 005702 PUBLIC EMPLOYEES RETIREMENT 101003 PERS FOR PAYROLL END 10/10/03 10-022-62-00 6,068.80 Total : 6,068.80 52444 10/23/2003 001001 , AA EQUIPMENT RENTALS CO. INC. 74324 MOWER ACESSORIES 10-450-701-000-000 571.08 Total : 571.08 52445 10/23/2003 010009 AARON'S SIGNS & BANNERS 10132003 2 Halloween Haunt signs 23-200-64-00 102.32 Total : 102.32 52446 10/23/2003 001045 ADVANCED COPY4SYSTEMS 007324 Renew annual service contract SB1057 10-440-246-000-000 350.00 Total : 350.00 52447 10/23/2003 001145 AMATEUR ELECTRONIC SUPPLY 1592110-02 1 -,US TOWER, MODEL#MA-40 10-808-247-000-000 216.96 Total : 216.96 52448 10/23/2003 010158 AMSTERDAM PRINTING 6938705 C. Care Attendance Recorder 2004 10-440-210-000-000 35.38 Total : 35.38 52449 10/23/2003 001381 BARHAM CONSULTING SVCS 53019 -Srvs 8/21 - 10/7/03-Signal 46-200-264-000-000 3,350.00 Total : 3,350.00 52450 10/23/2003 001456 BOISE CASCADE OFFICE PRODUCTS 080137 HP Toner cartridges Page: 5 vchlist Voucher List Page: 6 10/16/2003 3:00:1113M CITY OF GRAND TERRACE Bank code : bola Voucher Date Vendor Invoice Description/Account Amount 52450 10/23/2003 001456 BOISE CASCADE OFFICE PRODUCTS (Continued) 10-370-210-000-000 124.24 J 32-370-210-000-000 124.25 10-370-210-000-000 9.63 32-370-210-000-000 9.62 136150 Toner cartridges/office supplies 10-140-210-000-000 189.79 955610 Office Supplies 10-440-220-000-000 191.26 Total : 648.79 52451 10/23/2003 001662 CA. MUNICIPAL FINANCE OFFICERS 14532 2004 Membership-Schwab 10-120-265-000-000 100.00 14604 Annual Member.-Ronnow 2004 10-140-265-000-000 100.00 Total : 200.00 52452 10/23/2003 010108 COMMUNITY WORKS DESIGN GROUP 6795 RENOVATION OF RICHARD ROLLINS PARK 32-600-207-000-000 1,527.50 6795a July/Auq. Reimbursable expenses-Rollins 32-600-207-000-000 115.53 Total : 1,643.03 52453 10/23/2003 001873 CONSTRUCTIVE PLAYTHINGS 5062235801 REMODEL-SCHOOL AGE SUPPLIES— ' 10-440-701-000-000 863.16 5062235802 REMODEL-SCHOOL AGE SUPPLIES- 10-440-701-000-000 52.80 Total : 915.96 52454 10/23/2003 010147 CORTES, BEA Oct. 2003 Oct. Council &Agency Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 52455 10/23/2003 001907 COSTCO#478 047811030926 CHILD CARE SUPPLIES 10-440-220-000-000 87.63 10-440-228-000-000 18.32 Page: 6 Iy vchlist VR,,,_ iher List Page: 7 10/16/2003 3:00:11PM CITY OF GRAND TERRACE ' Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52455 10/23/2003 001907 COSTCO#478 (Continued) Total : 105.95 52456 10/23/2003 001930 DAILY JOURNAL CORPORATION B588244 PUBLIC HEARING NOTICES 10-370-230-000-000 242.55 Total : 242.55 52457 10/23/2003 001950 DATA QUICK B1-28726 PROPERTY UPDATES 21-572-246-000-000 294.00 34-800-220-000-000 294.00 10=380=250-000-000 294.00 B1-28726a Property data base &freight 21-572-246-000-000 294.00 34-800-220-000-000 294.00 10-380=250-000-000 294.00 Total : 1,764.00 52458 10/23/2003 003210 DEPT 32-2500233683 3623/1010858 HARDWARE AND�SUPPLIES 10-180-218-000-000 26.80 6240/8292492 HARDWARE AND SUPPLIES 10-180-245-000-000 66.77' 8378/6292609 HARDWARE AND SUPPLIES 10-180-245--000-000 30.95 8452/6042304 HARDWARE AND SUPPLIES 10-450-245-000-000 10.67 8889/6042322 HARDWARE AND SUPPLIES 10-180-246-000-000 15.07 0810/5290220 C. Care Maint supplies -10-440-245-000-000 29.56 Total : 179.82 52459 10/23/2003 002082 DISCOUNT SCHOOL SUPPLIES D02790720101 REMODEL SCHOOL AGE;ROOM- 10-440-701-000-000 301.78 Total : 301.78 52460 10/23/2003 010243 DON'S BIKES OF RIALTO 100303927 , Bike tune-up parts/labor 10-410-701-000-000 289.99 Page: 7 vchlist Voucher List Page: 8 10/16/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 52460 10/23/2003 010243 DON'S BIKES OF RIALTO (Continued) 91803327 NITE RIDER LIGHT SYSTEMS 10-410-701-000-000 1,169.94 10-410-701-000-000 69.75 Total : 1,529.68 52461 10/23/2003 002165 DRUG ALTERNATIVE PROGRAM 3833 LAWN CARE 34-700-767-000-000 40.00 Total : 40.00 52462 10/23/2003 002450 FERRE', MARYETTA Oct. 2003 Oct. Council & Agency Stipends 32-200-120-000-000 150.00 10-110-120-000-000 250.00 Total : 400.00 52463 10/23/2003 002727 FREEMAN COMPANY, J R 251454-0 OFFICE SUPPLIES 10-190-210-000-000 103.22 251456-0 OFFICE SUPPLIES 10-1 25=21 0-000-000 51.86 Total : 155.08 52464 10/23/2003 002740 FRUIT GROWERS SUPPLY 32057926 LANDSCAPE SUPPLIES 10-450-245-000-000 2.95 32057937 LANDSCAPE SUPPLIES 10-450-245-000-000 36.16 32057942 LANDSCAPE SUPPLIES _ 10-450-245-000-000 8.59 32057944 LANDSCAPE SUPPLIES 10-450-245-000-000 16.05 32057955 LANDSCAPE SUPPLIES 10-450-245-000-000 5.80 10-450-245-000-000 0.45 32057959 LANDSCAPE SUPPLIES 10-450-245-000-000 5.13 32058091 LANDSCAPE SUPPLIES 10-450-245-000-000 17.26 Page: 8 vchlist V'__�her List Page: 9 10/16/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52464 10/23/2003 002740 FRUIT GROWERS SUPPLY (Continued) 333895 R3 LANDSCAPE SUPPLIES 10-450-245-000-000 33.34 Total : 125.73 52465 10/23/2003 002904 G.T. FIRE& RESCUE ASSOCIATION 10092003 Reimburse 9/11 food items 10-190-220-000-000 192.27 Total : 192.27 52466 10/23/2003 002795 GARCIA, LEE ANN 10142003 Reimburse July Monterey expense 10-110-270-000-000 6.00 Oct. 2003 Oct. Council &Agency Stipends 32-200-120-000-000 150.00 - 10-110-120-000-000 250.00 Total : 406.00 52467 10/23/2003 010080 GERHARD, GARY 10132003 Refund emplee-pd disability 10-022-63-00 31.08 Total : 31.08 52468 10/23/2003 010181 GOPHER PATROL Sept 2003 GOPHER ERADICATION SERVICES 10-450-245=000-000 425.00 Total : 425.00 52469 10/23/2003 010148 GRAND TERRACE SENIORS Oct. 2003 Larkin Oct. Council Stipend Donation 10-110-120-000-000 250.00 Total : 250.00 52470 10/23/2003 010039 GREER OWENS, BARRIE 10132003 Reimburse CACE conf. expenses 34-800-270-000-000 47.02 Total : 47.02 52471 10/23/2003 00,3152 HARPER& BURNS LLPN Sept.,2003 Sept. legal services 10-160-250-000-000 1,295.06 Total : 1,295.00 52472 10/23/2003 003178 HENAGON LTD COLTON 34070 SAND/GRAVEL PURCHASES 16-900-226-000-000 12.50 Page: 9 vchlist Voucher List 1 Page: 10 10/16/2003 3:00:11PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52472 10/23/2003 003178 HENAGON LTD COLTON (Continued) Total : 12.56 52473 10/23/2003 003800 JAGUAR COMPUTER SYSTEMS INC 30621 9/17/03 Net Tech-Firewall 10-380-249-000-000 85.00 30869 Oct. Eden server payment 10-140-701-000-000 291.32 30870 Oct. mail server pmt - 10-380-701-000-000 406.10 Total : 782.42 52474 10/23/2003 003850 JANI-KING 09030125 CLEANING SERVICES - 34-400-246-000-000 150.00 09031749 BUILDING CLEANING 10-440-244-000-000 50.00 10030106 BUILDING-CLEANING 10-440-244-000-000 815.00 Total : 1,015.00 52475 10/23/2003 003863 KAPLAN COMPANIES 12910800 REMODEL SCHOOL AGE ROOM- 10-440-701-000-000 509.75 781569 REMODEL SCHOOL AGE_ ROOM-- 10-440-701-000-000 22.03 Total : 531.78 52476 10/23/2003 010007 LABORATORIES INC., SIRCHIE FINGER F 3206559-IN VARIOUS PIECES OF FORENSIC EQUIPMENT- 10-410-701-000-000 134.10 - Total : 134.10 52477 10/23/2003-004316 LARKIN, DON Oct. 2003 Oct. agency stipend 32-200-120-000-000 150.00 Total : 150.00 52478 10/23/2003 004380 LEGEND BUILDING MAINTENANCE Sept09200333 JANITORIAL SUPPLIES 10-180-2457000-000 250.00 Total : 250.00 52479 10/23/2003 010210 LILBURN CORPORATION 03-1026 OUTDOOR ADVENTURE CENTER Page: 10 vchlist VL;;her List Page: 11 10/16/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52479 10/23/2003 010210 LILBURN CORPORATION (Continued) 32-600-205-000-000 5,327.50 Total : 5,327.50 52480 10/23/2003 010064 MASTERTECH 5112 6 hr. labor-install/test microphone 10-180-245-000-000 510.00 CM5112 9/26/ CREDIT OLD PEAVY SPEAKERS 10-180-245-000-000 -150.00 Total : 360.00 52481 10/23/2003 010097 NEXTEL COMMUNICATIONS 410575025013 NEXTEL PHONE SERVICE 10-180-240-000-000 242.10 10-440-235-000-000 82.28 Total : 324.38 52482 10/23/2003 010041 NOLTE ASSOCIATES INC. 3130472 150-ACRE REDEVELOPMENT PROJECT 32-600-205-000-000 1,010.35 Total : 1,010.35 52483 10/23/2003 005584 PETTY CASH 10062003 Reimburse petty cash 10-140-210-000-000 1.98 10-140-270-000-000 6.00 10-180-245-000-000 23.83 10-180-272-000-000 2.14 10-190-210-000-000 20.11 10-190-220-000-000 67.94 10-450-246-000-000 25.74 10-804-220-000-000 23.71 34-800-270-000-000 21:58 10-172-210-000-000 6.08 Total : 199.11 52484 10/23/2003 005586 PETTY CASH 10142003 Reimburse petty cash-C. Care 10-440-220-000-000 23:50 10-440-228-000-000 31.73 10-440-223-000-000 111.59 10-440-704-000-000 59.77 Page: 11 vchlist Voucher List Page: 12 10/16/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52484 10/23/2003 005586 PETTY CASH (Continued) Total : 226.59 52485 10/23/2003 005670 PRESS ENTERPRISE 6593171 52 wk renewal 10-440-228-000-000 102.44 Total : 102.44 52486 10/23/2003 010208 RATELLE, DAZE &ASSOCIATES Sept 2003 Sept. prof. services 34-400-251-000-000 1,560.00 Total : 1,560.00 52487 10/23/2003 006335 ROQUET PAVING INC. 0907-03 CURB & GUTTER REPAIR 16-900-258-000-000 1,850.00 Total : 1,850.00 52488 10/23/2003 006341 ROSENOW SPEVACEK GROUP INC. Sept. 2003 TAX INCREMENT TRACKING 34-400-251-000-000 1,357.50 Total : 1,357.50 52489 10/23/2003 006334 ROSS FENCE CO. 10072003 Refund iron fence plan check fee 10-400-03 33.00 Total : 33.00 52490 10/23/2003 010173 S.B COUNTY REAL ESTATE SRVS. RP028/04 BARTON RD BRIDGE 47-100-250-001-000 1,231.22 RP036/04 BARTON RD BRIDGE 47-100-250-001-000 3,483.68 RP040/04 BARTON RD BRIDGE 47-100-250-001-000 22.96 Total : 4,737.86 52491 10/23/2003 006524 S.B. COUNTY AUDITOR/CONTROLLER 10072003 Release lien 0277-343-13-0000 21-572-210-000-000 12.00 10132003 Release 7 liens 21-572-210-000-000 84.00 Total : 96.00 52492 10/23/2003 006531 S.B. COUNTY SHERIFF 4172 SHERIFFS CONTRACT Page: 12 vchlist \;,..;;her List Page: 13 10116/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52492 10/23/2003 006531 S.B. COUNTY SHERIFF (Continued) 14-411-256-000-000 5,331.20 10-410-255-000-000 2,760.80 10-410-256-000-000 87,108.00 4172a GRANT FUNDED DEPUTY 14-411-256-000-000 11,667.00 Total : 106,867.00 52493 10/23/2003 010109 SAN MANUEL BOTTLED WATER GROUP Sept. 21334 BOTTLED WATER SERVICE 10-190-238-000-000 99.75 Sept. 21335 BOTTLED WATER SERVICE 10-440-238-000-000 52.50 Sept. 21336 BOTTLED WATER SERVICE 10-805-238-000-000 15.75 Sept. 21388 BOTTLED WATER SERVICE 10-440-238-000-000 21.00 Sept. 22119 BOTTLED WATER SERVICE 34-400-238-000-000 5.25 Total : 194.25 52494 10/23/2003 006614 SCHWAB, THOMAS 10162003 Reimburse July League exp-Monterey - 10-120-270-000-000 50.00 Total : 50.00 52495 10/23/2003 006720 SO.CA.EDISON COMPANY 10042003 Sept. Street light electricity 26-600-238-000-000 49.80 26-601-238-000-000 41.50 26-602-238-000-000 58.10 16-510-238-000-000 2,111.34 Sept. 2003 Sept. electricity-sr. ctr 10-805-238-000-000 662.46 16-510-238-000-000 22.99 Total : 2,946.19 52496 10/23/2003 006730 SO.CA.GAS COMPANY Sept. 2003 Sept. Natural Gas Page: 13 vchlist Voucher List Page: 14 10/16/2003 3:00:11PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52496 10/23/2003 006730 SO.CA.GAS COMPANY (Continued) 10-805-238-000-000 14.18 10-190-238-000-000 28.61 10-440-238-000-000 32.45 10-190-238-000-000 15.29 15-500-601-000-000 10.51 Total : 101.04 52497- 10/23/2003 006778 STAPLES CREDIT PLAN 4594949002 Office supplies 10-370-210-000-000 34.55 32-370-210-000-000 34.56 Total : 69.11 52498 10/23/2003 010267 STREICHER'S 385310.1 Gun cases 10-410-701-000-000 87.85 385310.2 Gun cases 10-410-701-000-000 209.70 Total : 297.55 52499 10/23/2003 006898 SYSCO FOOD SERVICES OF L.A. 3100109762 CHILD CARE FOOD 10-440-220-000-000 661.32 310071731 7 CHILD CARE FOOD 10-440-220-000-000 23.33 3100812258 CHILD CARE FOOD 10-440-220-000-000 609.71 3100922263 CHILD CARE FOOD 10-440-220-000-000 30.81 Total : 1,325.17 52500 10/23/2003 010246 TEACHER'SCHOOL SUPPLY 0008488-IN POWER LISTENING CENTER 10-440-701-000-000 185.77 9551-IN VARIOUS OFF-TRACK SUPPLIES AS PER 10-440-701-000-000 1,522.96 Total : 1,708.73 52501 10/23/2003 006980 TEXACO/SHELL Sept. 2003 Sept.fuel-city vehicles Page: 14 l vchlist Vi,,)uk.ner List — Page: 15 10/16/2003 3:00:11 PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 52501 10/23/2003 006980 TEXACO/SHELL (Continued) 16-900-254-000-000 46.07 10-190-272-000-000 152.14 Total : 198.21 52502 10/23/2003 010140 THE OUTBACK REPTILE CO. 72003006 July-Sept. reptile food 10-440-228-000-000 70.67 Total : 70.67 52503 10/23/2003 007006 TOM & KATHY'S ANY HOUR 102317 Master#5LFKA A490 locks 10-450-245-000-000 92.32 Total : 92.32 52504 10/23/2003 007402 U S POSTAL SERVICE 10062003 POSTAGE FOR METER 10-190-211-000-000 1,000.00 Total : 1,000.00 52505 10/23/2003 007399 US BANK TRUST NAT'L ASSOC. CTS00721634 CRA TAB Series 1993 A& B Admin Fees-- 33-300-210-000-000 6,695.00 CTS00733165 PFA COP 1997 admin fees 9/1/03 to 33-300-210-000-000 3,850.00 CTS00733214 Escrow for 1991 admin fee 9/1/03 to 33-300-210-000-000 1,875.00 Total : 11,920.00 52506 10/23/2003 007700 WASTE MANAGEMENT 25145501612 Purchase roll-off container 23-200-12-00 2,000.00 Total : 2,000.00 52507 10/23/2003 007854 WESTERN EXTERMINATORS CO 170067 PEST CONTROL 10-180-245-000-000 76.00 10-440-245-000-000 65.00 10-805-245-000-000 29.00 34-400-246-000-000 33.50 Total : 203.50 52508 10/23/2003 007987 XEROX CORPORATION 098205167 DOWNSTAIRS XEROX 10-190-700-000-000 530.01 Page: 15 vchlist Voucher List Page: 16 10/16/2003 3:00:11PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 52508 10/23/2003 007987 XEROX CORPORATION (Continued) 098205168 UPSTAIRS XEROX 10-190-700-000-000 441.67 Total : 971.68 ##� 10/15/2003 007400 U. S. BANK TRUST N.A. Oct. 2003 MO LEASE PAYMENTS 33-300-206-000-000 22,897.20 Total : 22,897.20 87 Vouchers for bank code : bofa Bank total : 233,490.14 87 Vouchers in this report Total vouchers : 233,490.14 I certify that, to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate expenditures for the operation of the City and Agency. Larry Ronnow, Finance Director Page: 16 - J G, CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING- OCTOBER 9, 2003 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers,Grand Terrace Civic Center,.22795 Barton Road,Grand Terrace,California,on October 9, 2003, at 5:30 p.m. PRESENT: Lee Ann Garcia,Mayor Maryetta Ferr6,Mayor Pro Tem Herman Hilkey, Councilmember Don Larkin, Councilmember Bea Cortes, Councilmember Tom Schwab, City Manager Brenda Stanfill, City Clerk Larry Ronnow,Finance Director Jerry Glander, Building & Safety Director .Gary Koontz, Community Development Director Lt. Hector Guerra, Sheriffs Department ABSENT: Bea Cortes, Councilmember Steve Berry,Assistant City Manager John Harper, City Attorney 5:30 P.M. - WORKSHOP 1. Discussion of Transportation Capital Improvement Program The City Council held a workshop to discuss transportation. The meeting was opened with invocation by Mayor Pro Tem Maryetta Ferr6,followed by the Pledge of Allegiance led by Councilmember Don Larkin. SPECIAL PRESENTATIONS 1. Proclamation -Ride Share Week - October 6-10, 2003 Mayor Garcia read a Proclamation proclaiming October 6-10,2003 as"California Rideshare Week" in the City of Grand Terrace and presented it to Denise Van Straton, SANBAG Commuter Assistance Program. Denise Van Straton, SANBAG representative, thanked the Council for the Proclamation. She reported on some of the programs that SANBAG offers through the Commuter Assistance Program. COUNCIL AGENDA ITEM N0.1 �� I Council Minutes October 9,2003 Page 2 CONSENT CALENDAR CC-2003-115 MOTION BY COUNCILMEMBER LARKIN, SECOND BY MAYOR PRO TEM FERRE, CARRIED 4-0-1-0 (COUNCILMEMBER CORTES WAS ABSENT), to approve the following consent calendar items: 3A. Approval of Check Register Dated October 9, 2003 3B. Ratify 10-09-2003 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3D. Approval of 09-25-2003 Minutes 3E. Award Contract - Traffic Signal - De Berry Street & Mt. Vernon Avenue (DBX Inc.) PUBLIC COMMENT -None ORAL REPORTS 5A. Committee Reports 1. Historical & Cultural Activities Committee a. Minutes of 09-08-2003 CC-2003-116 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER LARKIN,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to accept the September 8, 2003 Minutes of the Historical and Cultural Activities Committee. COUNCIL REPORTS Mayor Pro Tem Ferre, reported that the grand daughter of a long time teacher of Terrace View Elementary School that retired a couple of years ago, Jesus Gonzales,was murdered in Redlands. Our thoughts are with him and his family during this difficult time. Councilmember Hilkey, reported that in the August 2003 issue of the Inland Empire Magazine Demetri's was listed as having one of the best burgers in the Inland Empire. He reported that La Pasta Italia sells spaghetti for lunch,which is very good. Councilmember Larkin,reminded everyone ofthe Lion's Club Pancake Breakfast on Sunday which will benefit the Grand Terrace Branch Library. He congratulated the New Governor of California and feels that it will be very interesting to see what happens. He reminded everyone that most of the Vehicle Licensing Fees that we pay go to local governments so it will be the cities and counties that will be hurt by lowering those fees. Hopefully if they take Council Minutes October 9,2003 Page 3 action to lower those fees they will also consider the impact that it will have on the local cities and counties and do something to back fill the loss. Mayor Garcia, reported on the League of California Cities ballot initiative. The City Selection group will be voting on the LAFCO representatives and the AQMD representatives on December 6`h. She received a memo from Chris McKenzie, Executive Director of the League of California Cities regarding the repeal of the VLF. She reported that the Child Care Center is holding an open house on Friday from 6:30 pm to 7:00 pm. She reported that November 8th is World Town Planning Day which is a special day to recognize and promote the role of planning and creating livable communities. Councilmember Larkin, reported that he met with Supervisor Ashley and some representatives from the Highgrove area with regards to a new Metrolink Station. It is in the preliminary stage at this point. Mayor Garcia, complemented staff on the work that they did for the workshop. She gave a brief update on the update that was given at the workshop by Ty Schuiling of SANBAG. PUBLIC HEARING 6A. An Ordinance of the City of Grand Terrace, California Approving General Plan Amendment GPA-03-01, E-03-05 Adding the Noise Element and Respective Negative Declaration Gary Koontz, Community & Economic Development Director, indicated that the Noise Element is a State Mandated Element for the General Plan.' l John Lampe, Associate Planner, indicated that the Nosie Element has been written and prepared to comply with the State's Guidelines and contains a detailed discussion on the existing and future noise environments in the City of Grand Terrace. He recommended that the Council approve the Noise Element as recommended by the Planning Commission, approve the Negative Declaration as required by the California Environmental Quality Act, and adopt the said Noise Element by Ordinance. Councilmember Larkin,'indicated that some of the policies are vague will staff be bringing back more specific guidance as far as the policies are concerned. r - Community&Economic Development Director Koontz,responded that we have the ability to implement these policies through an actual Noise Ordinance. If the Council would like to see these policies included in a Noise Ordinance staff can do that. Councilmember Larkin,he realizes that noise needs to betaken into consideration,however, Council Minutes October 9,2003 Page 4 he would like staff to consider the added costs when we add to the development of a location. When we say development should be non-noise producing when they are located near residential area,etc.is fine as long as we don't have the problem of encroaching onto a place that was there beforehand. Community & Economic Development Director Koontz, responded that a lot of this is dealing with proposed development. Whenever they look at a land use permit they are required to evaluate that permit relative to all of the elements of the general plan so this is basically putting into words what is pretty much done already. If there is a high noise generator anywhere near sensitive land use they would definitely be looking at that and asking for the additional studies. This element is basically backing up what staff would currently be doing in proper planning. Mayor Garcia opened discussion to the public. Betty Guzman, 23202 Glendora Drive, questioned what policies would be voted on. Community&Economic Development Director Koontz,responded that the policies on,the Element focus on assuring that sensitive noise receptors are protected from high noise levels. It really doesn't talk about specific programs like putting up noise walls along the freeways. It does relate to that if there is a noise issue of sensitive land use. Consideration should be made toward imposing some type of mitigation program. This Element is really looking at how the City protects sensitive noise generators, where high noise generators would be located, and what type of mitigation measures we would be looking at. Mayor Garcia, indicated that staff report includes all of the background information. Mayor Garcia returned discussion to the Council. Councilmember Hilkey, stated that he realizes that adopting this Noise Element is a procedural matter. He questioned if our policies affect the design standards of the freeway. Community&Economic Development Director Koontz,responded that he may need to get another opinion on this,however,he believes that you are dealing at a local level,then at the State Level, then at the Federal Level and each one of those levels has a certain amount of responsibility and leeway. He feels that it is a matter ofworking with Caltrans to accomplish what is good for everyone, with regards to freeway design. Councilmember Hilkev, feels that since we know that we are going to get a freeway within the next twenty years this would be a good opportunity for the community to say what type of sound walls we would like along the freeway and detail the specifics. r' Council Minutes October 9,2003 Page 5 Community&Economic Development Director Koontz, indicated that he doesn't feel that it is appropriate to put that level of detail in a general plan element. This is basic guidelines toward implementation. Caltrans and SANBAG have started their planning and environmental-processes and he believes that the City will have ample opportunity during that initial planning phase to work with them and make sure that any special needs are addressed at that time. CC-2003-117 MOTION BY MAYOR PRO TEM FERRE, SECOND BY COUNCILMEMBER LARKIN,CARRIED 4-0-1-0(COUNCILMEMBER CORTES WAS ABSENT),to approve the Noise Element as recommended by the Planning Commission, approve the Negative Declaration as required by the California Environmental Quality Act and approve the first reading of an Ordinance of the City of Grand Terrace,California Approving General Plan Amendment GPA-03-01, E-03-05 Adding the Noise Element and Respective Negative Declaration. UNFINISHED BUSINESS -None NEW BUSINESS -None CLOSED SESSION -None ORDER OF ADJOURNMENT Mayor Garcia adjourned the City Council Meeting at 7:20 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, October 23, 2003 at 6:30 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace c`Tr RAND TERR C Community Services Department Staff Report t IWEETING DATE: October 23, 2003 SUBJECT: Contracting with the City of San Bernardino for Animal Housing Services FUNDING REQUIRED: (X) BACKGROUND: 1 The City of Grand Terrace has contracted with the County of San Bernardino Animal Control since the incorporation of the city in 1978. General services include: • Patrolling for loose dogs • Canvassing for license fees • Attending to animal related complaints and law violations • Sheltering of animals at the county animal facility • Rabies Clinics DISCUSSION/ANALYSIS At the July 22, 2003 Grand Terrace City Council Meeting, the council approved a new Animal Control Contract, with minor modifications, with the City of Colton. This contract is set to begin November 1, 2003. The City of Colton relies on the animal housing services from the City of San Bernardino and required the City of Grand Terrace to negotiate a contract with the City of San Bernardino. Staff met with Ken Childress, the San Bernardino City Animal Housing Director, and negotiated the same contract that the City of Colton has for similar services. At the October 6, 2003 meeting of the City of San Bernardino, the council passed the attached contract. Staff has toured the animal housing facility located at 333 Chandler Place and found the facility to be an adequate housing facility for Grand Terrace resident's animals. The facility is located behind the Target Store off"E" street is closer than the current county facility located in Devore. This contract with the City of San Bernardino mirrors the timeline with the contract with the City of Colton. The Colton contract can be terminated at any time with due cause and the San Bernardino City contract can be terminated with a 90-days notice. RECOMMENDATION Staff recommends contracting with the City of San Bernardino for Animal Housing Services. COUNCIL AGENDA ITEM NO .1z OFFICE OF THE CITY CLERK RAcBEL G.CLARK C.M.C.-C ITY CLERK s- ` 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 0 San Bernarllin0 www.ci.san-bernardino.ca.us SM i October 9, 2003 Ms. Brenda Stanfill, City Clerk City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92313 Dear Ms. Stanfill, At the Mayor and Common Council meeting of October 6, 2003, the City of San Bernardino adopted Resolution 2003-274—,Resolution authorizing the Mayor to execute an Animal Housing Services agreement by and between the City of San Bernardino and the City of Grand Terrace from November)], 2003 through June 30, 2006. Enclosed is one (1) original agreement. Please obtain signatures in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability •Respect for Human Dignity•Honesty 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO EXHIBIT A THIS AGREEMENT ("Agreement")is entered into this 1st day of November 2003,by and between the CITY OF SAN BERNARDINO, a municipal corporation (hereinafter"San Bernardino'), and the City of Grand Terrace, a municipal corporation .i (hereinafter"Grand Terrace"). WHEREAS, Grand Terrace desires to provide for its citizens an animal housing service; and WHEREAS, San Bernardino has an animal shelter and other facilities and resources that qualify it to provide animal housing services for Grand Terrace for handling the impounding and disposal of animals; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, AND CONDITIONS CONTAINED HEREIN, THE PARTIES MUTUALLY AGREE THAT: I. Scope of Services. San Bernardino will impound, care for and dispose of animals delivered to the San Bernardino Animal Shelter by residents of, or official representatives of, Grand Terrace according to the provisions of this agreement. 2. Impounding and Disposal of Animals. San Bernardino shall, through its Animal Control Department, accept, impound and dispose of dogs, cats or other animals, which are delivered to the San Bernardino Animal Shelter by an agent, officer, or employee of Grand Terrace, and all loose or stray dogs and cats brought to the San Bernardino Animal Shelter by anyone from within the incorporated area of Grand Terrace. San Bernardino shall, for and on behalf of Grand Terrace, 1 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO pursuant to applicable laws, release to owner,'adopt, humanely destroy, or otherwise dispose of all animals received. No domesticated animal shall be disposed of without an attempt to notify the owner, if the owner is known by San Bernardino. San Bernardino is not obligated to accept or dispose of healthy wildlife. San Bernardino shall not provide for emergency veterinary care. Grand Terrace is responsible for transporting and seeking appropriate emergency treatment for ill and%or injured animals. 3. Holding Periods. No healthy stray dog, stray cat, or other stray domesticated animal shall be disposed before the time allotted for under state law unless the owner of the animal gives written authorization for earlier disposal. After the required holding period, the animal becomes the property of San Bernardino and San Bernardino is authorized to dispose of the animal in any manner permitted by law, including City of San Bernardino ordinances. Animals requested by Grand Terrace to be held longer than required by law, other than rabies quarantine, shall additionally be charged by the prevailing Daily Board Fee, as set by City of San Bernardino Resolution (such instances shall include, but are not limited to: animals held as "evidence"in cruelty or other court cases). Rabies quarantined animals will be held for ten (10) days from the date of the bite with no additional charge to Grand Terrace. Animals surrendered by the owner shall be held in accordance with state law. 2 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 4. Warranty of Lawful Apprehension. Grand Terrace warrants to San Bernardino that all animals impounded by its agents, employees or other authorized representatives have been apprehended and impounded pursuant to existing laws. 5. Consideration. a. Grand Terrace shall pay to San Bernardino, during the-period November 1, 2003 through June 30,.2006, $30.00 for any canine (dog or puppy), and $19.00 for any feline (cat or kitten) impounded. A litter of unweaned puppies and kittens shall be charged as one'animal and may be euthanized immediately upon impounding by mutual agreement of Grand Terrace and San Bernardino. Animals delivered by Grand Terrace that have been released by their owners in writing shall be charged at 50% of the per animal fee. Additionally, Grand Terrace shall pay for livestock and other animals delivered to San Bernardino under the terms of this agreement the following fees: DAILY BOARD AND CARE LARGE LIVESTOCK(Over 500 lbs) 12.50 (Horses, Mules,Donkeys, Cattle, etc) MEDIUM LIVESTOCK (25 to 500 lbs) 10.00 (Goats, Sheep, Pigs, etc.) OTHER SMALL ANIMALS 5.00 (Rodents, Rabbits, Chickens,Birds, etc) San Bernardino shall present an invoice on or before the tenth day of each month for the amount due. Grand Terrace shall pay said invoice not later than 3 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO the last day of the month in which billed. Grand Terrace shall pay an annual fee of$ 750.00 for dead animal disposal, which shall be billed to Grand Terrace in each July invoice. The dead animal disposal amount for the period November 1, 2003 through June 30, 2004 will be pro-rated at $500.00 and will be included in the first month's invoice. b. Grand Terrace shall promptly review invoices and notify San Bernardino of any objection thereto; absent such objection in writing within ten (10) days of the date of the invoice, the invoice shall be deemed proper and acceptable. c. If Grand Terrace fails to pay San Bernardino within thirty(30) days after the invoice is submitted, Grand Terrace agrees that San Bernardino shall have the right, after written notice to Grand Terrace, to consider such default in payment a material breach of this entire agreement. Grand Terrace shall have ten (10) days following the date of such written notice within which to correct such breach. If Grand Terrace continues to fail to make payment, the duties, obligations and responsibilities of San Bernardino under this agreement are terminated. Such termination by San Bernardino does not release Grand Terrace from the obligation to pay San Bernardino for services rendered according to Section 5(a) above. d. Grand Terrace may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Grand Terrace must give written notice to San Bernardino within ten (10) days of the date of the disputed invoice if Grand Terrace is disputing any sum under sub-paragraph 5(b). Such withholdings shall not be deemed to constitute a failure to pay as that 4 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO tern is used in sub-paragraph 5(c). San Bernardino shall not discontinue its service for a period of thirty(30) days from the date of the withholdings, as a result of such withholding. San Bernardino shall have the right of appeal to the Mayor and City Council of Grand Terrace with respect to such disputed \Y� sums. The determination of the Mayor and City Council of Grand Terrace with respect to such matter shall be final. San Bernardino shall be entitled to receive interest on any withheld sums at the rate of seven percent (7%) simple per annum from the date of withholding of any amounts found to be improperly withheld. For any disputed sum, either party may attempt to . collect a debt through a civil proceeding. 6. Voluntaa Disposal. San Bernardino is authorized to accept a dog, cat or other animal from its owner residing within the incorporated area of Grand Terrace. In such cases, no charge shall be made against Grand Terrace for its disposal. San Bernardino may charge the owner a fee for such services. 7. Deputization. San Bernardino animal control officers, agents or employees shall be authorized to collect Grand Terrace's license, apprehension, and related penalty fees at the Animal Shelter, as directed by Grand Terrace, for all animals received under this agreement. Grand Terrace will furnish such license forms and receipt books as may be deemed necessary. San Bernardino shall provide all animal impound records and release forms to Grand Terrace. 8. Funds Collected by San Bernardino. Rabies vaccination deposits shall be retained by San Bernardino, and shall be refunded to the depositor upon presentation of proof of vaccination. Fees for voluntary owner turn-in, adoption, micro- chipping, daily board 5 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO fees and vaccination fees shall be retained by San Bernardino. All other monies collected by San Bernardino for Grand Terrace in connection with this agreement shall be paid to Grand Terrace on or before the twentieth day of each month following collection. 9. Term. This agreement shall become effective November 1, 2003 and end June 30, 2006. 10. Indemnification. Grand Terrace agrees and promises to indemnify, defend and hold harmless San Bernardino, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses, and liability for damages to persons or property that may be asserted or claimed by any persons, firms, entity, corporation,political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims, demands, lawsuits, and liability for damages to persons or property arising from the negligence or willful misconduct of San Bernardino, its officers, elected officials, employees or agents. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. The costs, salary, and expenses of the San Bernardino City Attorney and members of his or her office in enforcing this Agreement on behalf of San Bernardino shall be considered as "attorney's fees" for the purposes of this paragraph. 11. Termination. This Agreement may be terminated by either party upon 90 days written notice. In the event of termination, San Bernardino shall be paid for the work performed under this agreement to the date of termination. 6 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO - 12. Cooperation. Grand Terrace agrees to cooperate in good faith with San Bernardino in San Bernardino's performance of duties under this Agreement. 13. Warranty. San Bernardino makes no warranty, either express or implied, as to its findings, recommendations,plans, reports,professional advice or other work. 1 14. Independent Contractor. San Bernardino shall be an independent contractor and not an employee,nor shall any of San Bernardino's employees, agents or subcontractors operating under this Agreement be an employee of Grand Terrace. 15. Conflict of Interest. a. San Bernardino or its employees maybe subject to the provisions of the California Political Reform Act of 1974 (the"Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2)prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interest. b. San Bernardino shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by Grand Terrace. 16. Invalidation. In the event any provision of this Agreement is held to be invalid and unenforceable, the remaining provisions of this Agreement shall remain valid and binding on the parties thereto. 7 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 17. Notices. A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by certified mail,return receipt requested, addressed as follows: Grand Terrace San Bernardino Assistant City Manager Director of Animal Control 1 City of Grand Terrace City of San Bernardino 22795 Barton Road 333 Chandler Place Grand Terrace, CA 92313 Sari Bernardino, CA 92408 (909) 430-2226 (909) 384-5275 Any notice so given shall be considered served on the other party three (3) days after the date of mailing. The address for the notice may be changed by giving written notice of such change pursuant to this paragraph. 18. Understandings. There are no understandings or agreements except as expressly stated herein. 19. Attorney Fees. In any litigation relating to this Agreement, the prevailing party shall be entitled to reasonable attorney fees. The costs, salary and expenses of any in- house counsel and/or the City Attorney and members of his/her office in enforcing this Agreement shall_be considered as "attorney fees" for the purpose of this paragraph. 20. Entire Agreement. This contract constitutes the entire Agreement between Grand Terrace and San Bernardino and may be modified only by further written agreement between the parties through their respective authorized bodies. 8 2003-274 ANIMAL HOUSING SERVICES AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND THE CITY OF SAN BERNARDINO 21. Construction of Provisions and Titles. All titles or subtitles appearing in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the teens or provisions of such Agreement. IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement upon the terms, conditions and provisions above set, on the date first herein above written. Grand Terrace City of San Bernardino A Municipal Corporation A Municipal Corporation By. B 3 s Lee Ann Garcia, Mayor Betty Dean Anderson,Mayor Pro Tem Attest: Attest: A City Clerk City Clerk Approved as to form and legal content: City Attorney City Attorney By: By: - -_ John Harper a es F. Penman 9 Finance Department A�;= GRRND TERR C Staff Report CRA ITEM () COUNCIL ITEM (X) MEETING DATE: October 23, 2003 AGENDA ITEM SUBJECT: UPDATE RESOLUTION AUTHORIZING INVESTMENT IN LAIF FUNDING REQUIRED NO FUNDING REQUIRED XX DISCUSSION: The last resolution of the City Council authorizing investment in the State Local Agency Investment Fund (LAIF) was adopted in 1982. Since then, personnel and/or position titles have changed. The attached resolution will make the City current for purposes of investing funds with LAIR RECOMMENDATION: That the City Council adopt the revised resolution authorizing investment of Grand Terrace monies in the Local Agency Investment Fund. COUNCIL AGENDA ITEM j3 I RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO.82-01 AND AUTHORIZING INVESTMENT OF GRAND TERRACE MONIES IN LOCAL AGENCY INVESTMENT FUND WHEREAS,pursuant to Chapter 730 of the Statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency investment Fund in the State Treasury for the deposit,of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council of the City of Grand Terrace does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated herein- is in the best interests of the City of Grand Terrace; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby rescind Resolution No. 82-01 and authorize the deposit and withdrawal of the City of Grand Terrace monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. BE IT FURTHER RESOLVED THAT THE FOLLOWING City officers or their - successor in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Thomas Schwab, City Manager Larry Ronnow, Finance Director Christie Thierry, Finance Assistant PASSED, APPROVED AND ADOPTED this 23rd day of October, 2003. I I Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace I, BRENDA STANFILL, City Clerk of the City-of Grand Terrace, do hereby certify that Resolution No. 2003- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the23`d day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: f City Attorney r RECEIVED. CITY OF GRAND TERRACE ©CT 0 8 1003 EMERGENCY OPERATIONS COMMITTEE Regular Meeting CITY OF GRA±41J TERRACE MINUTES CITY CLERK'S '----PARTMiEKI- September 2,2003 The Grand Terrace Emergency Operations Committee met at the regular time at the Emergency Operations Center at 22795 Barton Road, Building,3. The meeting was called to order by Chairman JoAnn Johnson at 6:03 p.m. Agendas were distributed. MEMBERS PRESENT- Vic Pferinighausen, Claire McElwee,JoAnn Johnson, and Dottie Raborn. MEMBERS ABSENT— Richard Haubert CITY STAFF—Assistant City Manager, Steve Berry and Management Information Systems Specialist Dragos Barabu. GUESTS PRESENT— Glenn Nichols `—' APPROVAL OF MII'TUTES of August 5,2003 was given, with motion by Vic Pfennighausen and second by Dottie Raborn. Approved minutes are to be sent to the Council. LIAISON REPORT by Steve Berry: a. September 1 I'h memorial event will be at the Fire Station at 10:00 K.M. on Thursday. b. Steve spoke to Hinkley regarding the $1,092".00 and check will be sent. When we receive the check,the P.O. for antenna will be written. Steve will do a staff report for next Council meeting. c. Several volunteers from the Baptist Church will be hired to help at the Halloween Haunt. Other volunteers are also needed, possibly from Senior Center. EQUIPMENT AND FACILITIES REPORT by Vic Pfennighausen a. Equipment functional except for one HT and antenna. b. Vic will need help from maintenance departrnent when antenna is put up. c. JoAnn is making list of names and addresses of the Ham Radio operators in Grand Terrace and a meeting will be set up with them sometime in November. Steve suggested a festive event for the meeting. d. Vic talked about the need for a lap-top computer for the communication center. Steve.suggested using the City computer. Discussion followed. COUNCIL AGENDA ITEM N0601A NEW BUSINESS- None TRAE1UNG/SPEAKERS a. Loma Linda Hospital has been contacted regarding a tour. Dr. Johnston is on vacation and will be contacted when he returns. b. Tour of Arrowhead Hospital and visit to County EOC will beset up in the fall. ADJOURNMENT AT 6:44P.M. Respectfully submitted, Claire McElwee, Secretary NEXT MEETING WILL BE TUESDAY. OCTOBER 7,2003 AT 6:00 P.M. C COMMITTEE REPORTS 1 COUNCIL MEETING DATE: October 23, 2003 COMMISSION/COMMITTEE: Emergency Operations DATE: 10/8/03 SUBJECT: NEW MEMBER APPLICATIONS PROBLEM: The Emergency Operations Committee is short several members. , REQUESTED ACTION TO BE TAKEN BY COUNCIL, ANWOR STAFF: Consider the application of C. Glenn Nichols as a regular member of the committee. Upon appointment, send a letter of acceptance and of appreciation. Update roster to reflect his membership. AGEi IVA E T Ell NO. - 54o (.IT r CITY OF GRAND TERRACE �RAMP TERR C APPLICATION FOR CITIZEN SERVICE Complete and submit to the City Clerk's Department Applying as a member of Name Address Home Phone z 4— -7 S s� B,4-si�Phone `f `- e-1 2-7d Occupation / -741 Education (List highest year completed and all degrees) Are there any workday evenings you could not meet? Yes ( ) No If so, please list r ` zl Why are you interested in this appointment? i` 4-� What do you consider to be your major qualifications? References 1. 2. 3. Please attach a written statement containing any additional information you feel would be useful to the City Council. RECEIVED CITY OF GRAND TERRACE CRIME PREVENTION COMMITTEE OCT 14 2003 Regular Meeting MINUTES CITY OF GRAND TERRACE CITY CLERK'S DEPARTMENT September 8, 2003 The Grand Terrace Crime Prevention Committee met for the regular meeting at the Senior Center. Meeting was called to order at 6:01 p.m. by Chairperson, Philomene Spisak. MEMBERS PRESENT were Philomene Spisak, Chairperson, JoAnn Johnson, Dottie Raborn, Dick Rollins, Don Bennett and Lew Neeb MEMBERS ABSENT - Margaret (Peggy)Reagan and Claire McElwee, excused. Also, Pat Smith. CITY STAFF/SHERIFF'S DEPT. - none. , GUESTS PRESENT-Bob Stewart. AGENDA was approved with motion by Lew Neeb and second by Dottie Raborn. MINUTES for the meeting of September 8, 2003 were approved with motion by Dottie Raborn and second by Lew Neeb. PUBLIC COMMENT-None CORRESPONDENCE a. Manuals were distributed to those present. b. The Chairperson went over the manuals briefly. c. Resignation from position of Secretary was submitted by Dick Rollins d. Motion was made by Lew Neeb that JoAnn Johnson be Secretary. e. Motion seconded by Dottie Raborn who nominated Claire McElwee for Vice Chair. f. Lew Neeb seconded and there was no opposition. g. New line of officers includes: Philomene Spisak Chairperson Claire McElwee Vice Chairperson JoAnn Johnson Secretary BUDGET/FINANCIAL REPORT - This item to be removed from agenda a. Tanya's job includes programs and supplies if special programs are requested. b. Funds are requested through City Council. c Crime Prevention is part of City. Patrol is part of Sheriffs Dept. UNFINISHED BUSINESS A. Swindles a. Fed Gov has passed a bill that allows you to keep your cell phone number when you change cell phones. b. Do Not Call list Number is 1-888-382-1222 or www.donotcall.gov.. COUNCIL AGENDA ITEM N0. NEW BUSINESS A. Crime Prevention Planning a. Combination Neighborhood Watch and Earthquake Preparedness on 18th. b. Tanya and Philomene will present the programs. c. Blue Dot is going forward. d. Philomene explained development and use of finger print forms. e. She explained that they were developed for identification purposes. REPORTS A. Summary, of Law Enforcement Activity. a. No report. Tanya absent. B. Citizen Patrol Report a. Citizen Patrol turned in 233 hours in August. Total of 1776 for the year to date. b. Some Citizen Patrol members were on stand-by for the fire near Running Springs. c. New York City Fire will be honored on September 1 lth at Station 23. d. Sheriffs Rodeo will be September 27-28-29th. C. Other Community Programs a. September 18th at 7 pm at city Community Room will be a combination Earthquake awareness and Neighborhood Watch program. D. Member Reports a. Bob Stewart asked how much of the traffic fines, etc., come back to the City? b. There was no direct answer to that question. c. Dick Rollins said how nice the street sweeping maps are. d. JoAnn Johnson agreed. Uses them for directions to Senior Center. There being no further business to discuss, the meeting was adjourned at approximately 7:00 p.m. Respectfully Submitted, Secreta , JoAnn Johnson cTY ) I RAMD TERR C Community Services Department Staff Report MEETING DATE: October 23, 2003 SUBJECT: Review Changes to the Grand Terrace Municipal Code regarding Animal Control, Animal Housing, and Fee Schedules. NO FUNDING REQUIRED: (X) BACKGROUND: The City of Grand Terrace has contracted with the County of San Bernardino Animal Control since the incorporation of the city in 1978. General services include: • Patrolling for loose dogs • Canvassing for license fees • Attending to animal related complaints and law violations _ Sheltering of animals at the county animal facility • Rabies Clinics DISCUSSION/ANALYSIS At the July 22, 2003 Grand Terrace City Council Meeting, the council approved a new Animal Control Contract, with minor modifications, with the City of Colton. 'This contract is set to begin November 1, 2003. Staff has been working closely with the Colton Police Department, who administer the Animal Control contract for both Colton and Grand Terrace. Both city staffs worked on bringing our municipal codes up to date by incorporating language from the Colton Municipal Codes and modifying.it into our codes. This accomplished the following: -Enforcement consistency -Addressing more animal related issues -Updating outdated information The proposed Fee Schedule has been updated to include multi-year discounts and flexibility in the rates for dogs that cannot be-spayed/neutered. The licensing rates for f dogs are the same as those charged by the previous animal control contractor, The County of San Bernardino. The proposed Fee Schedule will not be approved until the next council meeting. Staff wanted the council and the public time to review and discuss the proposed rates. Staff has added a voluntary program for licensing cats. This effort was designed to help cat owners locate a lost cat should one be brought to the shelter or found by another resident. Licensing will not begin until January 2004 and be done annually thereafter. There will be two animal licensing clinics in January 2004 for local pet owners to attend. Once clinic will be mid-week in the evening and the other will be on the weekend during the day. In addition, mailers will go out to every home announcing the new licensing program. Current licensees and dog owners that have not renewed their dog licenses will receive a personal letter from Community Services on the importance of licensing their pets. Active enforcement is critical to this program since a majority of the funding of the animal control contract comes from the license fees. General Changes All references to "Animal Control Officer, Environrnental Health Officer," have been changed to "Animal Control Contractor". Specific Changes: FROM 6.04.210 Vicious animals. A. Whenever an animal suspected of being vicious is reported, the environmental health officer (change to: Animal Control Contractor) shall investigate the circumstances, and if he finds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious animal, he shall notify the owner or harborer, if known, in writing, stating all of the facts and circumstances. He shall order the owner or harborer to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which the environmental health officer deems adequate under the circumstances. If such restraint is impossible or impractical, the animal shall be impounded until the owner or harborer is able to comply with the environmental health officer's (change to: Animal Control Contractor's) order. B. If upon receiving notification as provided in subsection A of this section, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the environmental health officer(change to: Animal Control Contractor) within a reasonable time, such owner or harborer shall be liable to (ADD TO MUNICIPAL CODE) "Enclosure" means a fence or structure suitable to prevent the entry of young children, which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal fi-om escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. "Bearing authority" means the advisory appeals board or such other person or entity designated by the City Manager of the City to administer hearings pursuant to this chapter. prosecution for violation of this chapter and the animal or reptile shall be subject to summary destruction. C. If the animal's owner or harborer is unknown, then such animal shall be impounded, and if not claimed within three days, shall be destroyed. (ADD TO CODE) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings, that the release of the dog would create a significant threat to the public health, safety and welfare. If it is detennined that a dog found to be vicious shall not be destroyed, the hearing authority or, if appealed, the court, shall impose conditions upon the ownership and keeping of the dog that protect the public health, safety and welfare. D. A guard dog of any business or firm which is not securely confined during hours the business or firn is open to the public and which jeopardizes or subjects to hazard any lawful patron or visitor of such business or firm; shall be subject to the provisions of this chapter. E. For purposes of this chapter, "vicious animal" means any animal which bites, attacks, (ADD TO CODE) inflicts severe injury on or kills a human being or domestic animal, or in any way has a disposition or propensity to attack or bite. (Ord. 1 §l(part) , 1978: county code §32.0110) (ADD TO CODE) F. All vicious dogs and potentially dangerous dogs shall be properly licensed and vaccinated. The City shall include the vicious dog designation and potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing authority has determined the designation applies to the dog. The City and "Contractor"may charge a vicious dog fee or potentially dangerous dog fee, to be established and amended by the City and the "Contractor"by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. G. The owner or keeper of a dog detennined to be a vicious dog may be prohibited by the hearing authority, or if contested, the court, from owning, possessing, controlling or having custody of any dog for a period of up to three years, when it is found, after proceedings, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare. (ADD TO CODE)If the dog in question dies, or is sold,.transferred or permanently removed fi-om the city, the owner or keeper of a vicious or potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days. TO 6.04.210 Vicious animals. A. Whenever an animal suspected of being vicious is reported, the Animal Control Contractor shall investigate the circumstances, and if he finds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious animal, he shall notify the owner or harborer, if known, in writing, stating all of the facts and circumstances. A vicious or potentially dangerous dog, while on the owner or keeper' s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A vicious or potentially dangerous animal may be off the owner or keeper' s premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult. If such restraint is impossible or impractical, the animal shall be impounded until the owner or harborer is able to comply with the Animal Control Contractor's order. B. If upon receiving notification as provided in subsection A of this section, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the Animal Control Contractor within a reasonable time, such owner or harborer shall be liable to prosecution for violation of this chapter and the animal or reptile shall be subject to sununary destruction. 1. "Enclosure" means a fence or structure suitable to prevent the entry of young children, which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal fi-om escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. 2. "Hearing authority" means the advisory appeals board or such other person or entity designated by the City Manager of the City to administer hearings pursuant to this chapter. C. If the animal's owner or harborer is unknown, then such animal shall be impounded, and if not claimed within tlu-ee days, shall be destroyed. 1. A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings, that the release of the dog would create a significant threat to the public health, safety and welfare. If it is detennined that a dog found to be vicious shall not be destroyed, the hearing authority or, if appealed, the court, shall impose conditions upon the ownership and keeping of the dog that protect the public health, safety and welfare. D. A guard dog of any business or firm which is not securely confined during hours the business or firnl is open to the public and which jeopardizes or subjects to hazard any lawful patron or visitor of such business or firm, shall be subject to the provisions of this chapter. E. For purposes of this chapter, "vicious animal" means any animal which bites, attacks, inflicts severe injury on or kills a human being or domestic animal, or in any way has a disposition or propensity to attack or bite F. All vicious dogs and potentially dangerous dogs shall be properly licensed and vaccinated. The City shall include the vicious dog designation and potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing authority has determined the designation applies to the dog. The City and "Contractor"may charge a vicious dog fee or potentially dangerous dog fee, to be established and amended by the City and the "Contractor"by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. G. The owner or keeper of a dog determined to be a vicious dog may be prohibited by the hearing authority, or if contested, the court, from owning, possessing, controlling or having custody of any dog for a period of up to tln-ee years, when it is found, after proceedings, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare. H. If the dog in question dies, or is sold, transferred or permanently removed from the city, the owner or keeper of a vicious or potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days. FROM ARTICLE V. ENFORCEMENT 6.04.310 Inspections. The environmental health officer(change to: Animal Control Contractor shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. (Ord'. 1 §1 (part) , 1978: county code §32.011.8) (ADD TO MUNICIPAL CODE) The animal control officer is authorized and empowered to arrest and issue notices to appear pursuant to the provisions of this chapter and with regard to violations of the Penal Code of the state pertaining to animals including violation of Section 597 of said Code. The animal control officer shall enforce the provisions of this chapter-and is authorized to issue citations and to file complaints and to perform any act authorized pursuant to Chapter 5c and 5d of Part 2, Title 3 (commencing with Section 953.6) and Section 836.5 of said Penal Code of the state. TO ARTICLE V. ENFORCEMENT 6.04.310 Inspections. The Animal Control Contractor shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. A. The animal control officer is authorized and empowered to arrest and issue notices to appear pursuant to the provisions of this chapter and with regard to violations of the Penal Code of the state pertaining to animals including violation of Section 597 of said Code. The animal control officer shall enforce the provisions of this chapter and is authorized to issue citations and to file complaints and to perform any act authorized pursuant to Chapter 5c and 5d of Part 2, Title 3 (commencing with Section 953.6) and Section 836.5 of said Penal Code of the state. FROM 6.08.030 Rabies suspects. A. It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to the environmental health officer (change to: Animal Control Contractor). if such person is the owner or possessor or has custody of such animal, he shall immediately confine it and keep the animal strictly confined until it is established to the satisfaction of the officer that such animal has or has not rabies. B. Where such owner or possessor does not have the proper facility for such confinement, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facility in a mammer approved by the environmental health officer (change to: Animal Control Contractor), and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies. If such animal creates a menace to the public health and safety, the environmental health officer (change to: Animal Control Contractor) or his representative may kill or destroy the animal forthwith and examine it for rabies in the laboratory using the fluorescent rabies antibody (FRA) test in the county health department laboratory. C. Whenever any such owned biting an is quarantined in a place other than the premises of the owner, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal. (Ord. 1 §1(part) , 1978: county code §32.023) ADD TO MUNICIPAL CODE - The Animal Control Contractor, county health officer; and all law enforcement officers for the city shall have the right to enter upon any private property for the propose of ascertaining whether any dog, cat or similar type animals are kept or harbored in violation of the provisions hereof and particularly to determine whether any dog is afflicted with rabies or hydrophobia or other dangerous disease. The Animal Control Contractor shall have the right to seize any dog, cat or similar type animal within the city having or suspected to have rabies or hydrophobia, or other diseases or sickness and in the event the Animal Control Contractor'shall determine that such dog, cat or similar type animal is afflicted with rabies or hydrophobia or dangerous disease or sickness, the animal shall be killed forthwith or as soon thereafter as same is determined by the Animal Control Contractor,provided that if such animal shall be merely suspected of having rabies or hydrophobia, or other disease or sickness it may be confined by the Animal Control Contractor for such time as the Animal Control Contractor shall direct, and if the Animal Control Contractor shall thereafter determine that the dog does not have rabies, or hydrophobia, or has a dangerous disease or sickness, it shall be returned to the owner upon payment by the owner of the actual cost to the city for the care of the dog while it was kept in such confinement pursuant to the direction of the Animal Control Contractor. TO 6.08.040 Exposure to rabid animals. A. Any animal that is subject to rabies which has been exposed to a known rabid animal or suspected rabid animal shall, upon notification of its owner, possessor or custodian,be: 1. Immediately securely confined in a place and manner approved by the health officer for a period of six months; or 2. Immediately destroyed unless the biting animal is determined by laboratory examination to be negative from rabies; except that in the case of dogs and cats, the following alternative is permitted: a. The dog or cat shall be revaccinated and then quarantined for a period of thirty days provided such dog or cat has been vaccinated not less than thirty days with a rabies vaccine approved by the California State Department of Public Health. B. The Animal Control Contractor may, in his discretion, kill or quarantine the animal so bitten, in case the owner, possessor or custodian thereof fails to do so immediately, or in case the owner,possessor or custodian thereof is not readily accessible to Animal Control Contractor. C. The carcass of any dead animal exposed to rabies wilt, upon demand,be surrendered to the Animal Control Contractor. D. Upon the discretion of the Animal Control Contractor, he shall order the examination of such animal for rabies specimens of high-risk or medium-risk animals involved in a biting incident. Specimens of low-risk animals may be examined upon payment of reasonable laboratory fees. FROM 6.08.120 Dog license--Fees. A. Each application for a dog license shall be accompanied by a license fee as established by the city council, provided such license is obtained: 1. During the regular licensing period, which is not later than July 31 S` (change to: January 31 S) of each year; 2. Within thirty days after the dog attains the age of four months; 3. Within fifteen days after purchase or obtaining control, care or custody of a dog which previously attained the age of four months; and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or 4. Within thirty days after the date of establishing residency in the city provided further that the dog has a current license from another city or county and within fifteen days if the dog has no current license. B. Notwithstanding the provisions of subsection A of this section, and provided that either subdivisions 2, 3 or 4 of that subsection are met, the license fee shall be reduced as established by the city council after.lanuary 1" and through April 30t}' of each year. (change to: after July 1 st of each year. (Ord. 1 §l(part) , 1978: county code §32.0211) ADD TO MUNICIPAL CODE: License fees will be reduced to half the annual fee if the application is submitted July 1st tiv-ough December 31st. The amnual fee is due for applications submitted prior to July 1" of each year. Fees will not be pro-rated. TO 6.08.120 Doa license--Fees. A. Each application for a dog license shall be accompanied by a license fee as established by the city council, provided such license is obtained: 1. During the regular licensing period, which is not later than January 31" of each year; 2. Within thirty days after the dog attains the age of four months; / 3. Within fifteen days after purchase or obtaining control, care or custody of a dog which previously attained the age of four months; and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or 4. Within thirty days after the date of establishing residency in the city provided further that the dog has a current license from another city or county and within fifteen days if the dog has no current license. B. Notwithstanding the provisions of subsection A of this section, and provided that either subdivisions 2, 3 or 4 of that subsection are met, the license fee shall be reduced as established by the city council after July 1 st.of each year. License fees will be reduced to half the annual fee if the application is submitted July 1 st through December 31st. The annual fee is due for applications submitted prior to July 1st of each year. Fees will not be pro-rated.FROM 6.08.140 Doe license--Tenn. The city dog license shall remain valid for a period of one year, effective July I" (change to: January I") of each year through June 30t" (change to: December 31 st) of the following year(change to: same year), or throughout the duration of the fiscal year(omit fiscal year and change to calendar year) in which the license is issued. (Ord. I §1(part) , 1978: county code §32.0214) TO 6.08.140 Dog license--Tenn. The city dog license shall remain valid for a period of one-year, effective January 1" of each year through December 315t of the same year, or throughout the duration of the calendar year in which the license is issued. RECOM1\4ENDATION Staff recommends approving the changes to the Grand Terrace Municipal Code. PROPOSED FEES Part I: Animal Control SECTION 1. The license fee for each dog not spayed or neutered shall be as follows: A. $60.00 annually B. $24.00 annually should the owner's veterinarian provide a written explanation that the dog, for some physical reason, cannot by spayed/neutered. SECTION 2. The license fee for each spayed or neutered dog shall be as follows: A. $9.00 for a one year period B. $15.00 for a two year period C. $ 23.00 for a three year period SECTION 3. The license fee for each spayed or neutered dog belonging to a resident 65 years of age or older shall be as follows: A. $5.00 for a one year period B. $10.00 for a t\vo year period C. $15.00 for a three year period SECTION 4. The voluntary cat license fee for cats not spayed or neutered shall be as follows: A. $9.00 annually. B. $5.00 annually should the owner's veterinarian provide a written explanation that the cat, for some physical reason, cannot by spayed/neutered SECTION 5. The voluntary cat license fee for cats spayed/neutered shall be as follows: A. $5.00 for a one year period B. $10.00 for a two year period C. $15.00 for a three year period SECTION 6. Owners who show proof of spaying or neutering their dog within sixty days of purchasing an unaltered license pursuant to Section 1 above shall receive a refund upon request in the amount of$25.00 SECTION 7. The following fees shall also apply for dogs only: A. A delinquency penalty of$15.00 shall be added to the license fee for failure to license the dog as provided in the Grand Terrace Municipal Code. 1. A fine of$100 per dog, in addition to the delinquency penalty and the license fee shall be accessed by the Animal Control Officer and/or the Code Enforcement Officer for any dog found through canvassing not to be licensed after the initial grace period of January 31, 2004. The Animal Control Officer and or Code Enforcement Officer will give the owner one week to comply and obtain a license. If the owner complies within the time period, the $100 fine will voided. If the owner does not comply within the time period, the Animal Control Officer and or Code Enforcement Office can write a $100 fine weekly per dog. B. A fee of$5.00 shall be charged for the transfer of ownership of a licensed dog to a new owner in lieu of a fee for a new license for the remainder of the licensing year in which the transfer occurs. C. A fee of 5.00 shall be charged for the transfer of ownership of a licensed dog to a new owner in lieu of a fee for a new license for the remainder of the licensing year in which the transfer occurs. D. A fee of$5.00 shall be charged for the transfer of a current license from another jurisdiction for the remainder of the licensing year. E. The fee for any license purchased after June 30`h of each year will be one half the regular fee. F. A fee of$3.00 shall be charged for the replacement of a lost or damaged license for both dogs and cats (under the voluntary cat licensing program). SECTION & The following schedule of fees is hereby established for reclaiming dogs and cats impounded by the CONTRACTOR: A. GENERAL ANIMAL FEES PICKUP/HANDLING OF DOG OR CAT I" Time Offense $40 2°a Time Offense $60 3rd Time Offense and beyond $80 Fines are doubled for non-altered animals. Refund of the additional fine will be refunded if the animal is altered within 30 days. SECTION 9. The following schedule of fees are hereby established for animal related services: A: Pick-up service (living or deceased dog/cat only): $40 per animal picked up at a residential home for euthanization Additional $30 per dog and $19 per cat for adoption B. Animal Trap Rentals: Cats, Dogs, Skunks, Possums $16.50 per 10 day rental paid to the CONTRACTOR. l For Trapping of Cats, Possums, and Skunks: Trap(s) must be picked up at the CONTRACTOR's location. Cats must taken by the resident to the SHELTER. Possums and Skunks will be collected by the CONTRACTOR during regular business hours. Call out fees may apply for after-hours pick-up. C. Large animal pickup (includes horses, cattle, goats, sheep, and pigs ) and impound Staff time as determined by CONTRACTOR plus actual costs incurred. SECTION 10. Staff time is determined by CONTRACTOR. SECTION 11. Licensing fees will be issued annually from January Is'to December 31" effective January 2004. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING TITLE 6 OF THE GRAND TERRACE MUNICIPAL CODE AND ESTABLISHING REGULATIONS GOVERNING ANIMAL CONTROL THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 6 of the Grand Terrace Municipal Code is hereby amended and the revised chapters, which are included herewith as Exhibit A, are hereby adopted. Section 2. Conflicts and Ambiguities-In the event of any conflicts or ambiguities between the provisions of the ordinance and other provisions of the Grand Ten-ace Municipal Code, the provisions of this Ordinance shall prevail. Each separate violation shall be a separate offense. Section 3. Severability - If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction,such invalidity shall not affect other Ordinance provisions or clauses or applications thereof which can be implemented without the invalid provisions or clause or application,and of this end the provisions and clauses of the Ordinance are declared to be severable. Section 4. Effective Date-This Ordinance shall be in full force and effect at 12:01 a.m. on the 31"day of its adoption. Section 5. Posting-The City Clerk shall cause this Ordinance to be posted in three(3)public places within fifteen (15) days of its adoption, as designated for such purposes by the City Council. Section 6.First read at a regular meeting of the City Council of said City held on the 23`d'day of October, 2003, and finally adopted and ordered posted at a regular meeting of said City Council on the 13`h day of November, 2003. Mayor of the City of Grand Terrace and of the City Council thereof. Attest: Brenda Stanfill, City Clerk -1- I,Brenda Stanfill, 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 13'h day of November, 2003,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: John Harper, City Attorney -2- Title 6 ANIMALS Chapters: 6.04 Animal Control 6.08 Dog Licensing and Vaccination--Rabies Control 6.12 Apiaries 6.20 Commercial Kennels 6.24 Livestock 6.28 Riding Academies Chapter 6.04 ANIMAL CONTROL Sections: ARTICLE I. GENERAL PROVISIONS 6.04.10 Definitions. ARTICLE II. IMPOUNDMENT 6.04.020 Authorized generally. `-' 6.04.030 Summary destruction. 6.04.040 Authority to release 6.04.050 Applicability to cats. 6.04.060 Receipt from owners. 6.04.070 Release to agencies 6.04.080 Euthanasia. 6.04.090 Redemption. 6.04.100 Notice to owner. 6.04.110 Record. ARTICLE III. CARE AND CONTROL 6.04.120 Disposition of dead animals. 6.04.130 Abandonment. 6.04.140 Permitting to run at large. 6.04.150 Holding animals in violation. 6.04.160 Restraint and control of dogs off owner's premises. 6.04.170 Impoundment of dogs rurming at large. 6.04.180 Defecation or urination. 6.04.190 Female dogs in breeding condition. 6.04.200 Unvaccinated puppies. 6.04.210 Vicious animals. 6.04.220 Beware-of-dog notice. 6.04.230 Wild, exotic animals. ARTICLE IV. ANIMAL ESTABLISHMENTS OTHER THAN DOG KENNELS AND CATTERIES 6.04.240 License required--Zoning compliance. 6.04.250 Application for license. 6.04.260 Facilities and practices. 6.04.270 Term of license. 6.04.280 Renewal of license. 6.04.290 Revocation of license. 6.04.300 Nontransferability of license. ARTICLE V. ENFORCEMENT 6.04.310 Inspections. 6.04.320 Violation--Misdemeanor. ARTICLE 1. GENERAL PROVISIONS 6.04.010 Definitions. As used in this chapter: A. "Animal" means any mammal, poultry, bird, reptile, fish or any other dumb creature. B. "Animal Control Contractor"means any person duly appointed by the Animal Control Contractor and authorized to act in his behalf in the enforcement of the animal and rabies control program. C. "Animal menagerie" means any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained or kept for hire. D. "Cat" includes all domesticated felines . E. "Dog" means any dog of any age, including female as well as male. F. "Animal Control Contractor" means the city Animal Control Contractor or any other person duly authorized to act on his behalf. G. "Guard dog" means any dog used for the purpose of guard duty. H. "Impoundment" means the picking up of an animal by a duly authorized person and bringing the same into an animal shelter for confinement, custody and disposition. I. "Livestock" includes all domesticated bovine, equine; caprine, ovine and porcine species. J. "Owner" means any person who owns an animal, or who harbors or keeps an animal for five or more consecutive days. K. "Person" includes any person, fine, partnership, corporation, trust and any association of persons. L. "Pound" or "animal shelter" include all places where impounded animals are to be confined, whether by the city or by private persons or under contract or agreement with the city. M. "Unlicensed dog" means any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this code is not attached. N. "Vicious animal" means any animal which shows a propensity to attack, bite, scratch or harass people or other animals without provocation. 0. "Wild animal" means any wild, exotic, dangerous or venomous animal, including but not limited to mammals, fowls, fish or reptiles. ARTICLE II. IMPOUNDMENT 6.04.020 Authorized generally. The chief of police, the animal control contractor, all animal control officers and assistant animal control officers, and every poundkeeper, and also any person employed or designated for that purpose by the city council, are authorized and empowered to: A. Capture, receive, take up and impound: 1. Any dog or other animal found running at large in violation of this code or of any law of the state, 2. Any dog or other animal which is molesting any person, 3. Any dog which is molesting or harassing animals,birds or pets upon the premises of any person, 4. Any animal, including wild animals or birds, being kept or maintained within a person's premises in violation of this code or of any law of the state, 5. Stray, unwanted or abandoned animals, 6. Dogs which are unlicensed and unvaccinated in violation of this code, 7. Animals delivered for disposition, after the owner has paid the required fee and released all title and interest in the animal by signing of the fonn provided by the Animal Control Contractor for this purpose, 8. Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy, litigation or other contingency, or in cases in which the owner or custodian cannot be found; B. Regularly and adequately feed, water and otherwise care for all dogs impounded under the provisions of this code, or to provide for such feeding and watering; C. Receive, take up and impound any sick or injured dog or cat whose owner is unknown or unidentified; to humanely destroy any such injured dog or cat when, in the opinion of the officer or a licensed veterinarian, such destruction is necessary and humane; and to make proper disposition of such animal. Should an injured or destroyed dog be an identified dog, then the owner of the dog shall immediately be notified of its injury or destruction; D. Do and perform any other acts necessary to carry out the provisions of this code and the laws of the state relating to dogs. 6.04.03 Summary destruction. The officer having custody of any impounded dog may,by humane methods, sun-unarily destroy the same if: A. The dog is suffering from any incurable or contagious disease as certified to by a licensed veterinarian and with approval from the chief, animal disease control branch: or B. It is an unlicensed vicious dog. 6.04.040 Authority to release. Any officer having in his custody any unlicensed, impounded dog or cat not suffering from any infectious or connnunicable disease may release the same to any adult person who will pay the pound fees and charges as established by the Animal Shelter Contractor and, if a resident of the city, will also pay for rabies vaccination and license fees if it is a dog that such resident of the city has bought. 6.0 4.050 Applicability to cats. All the provisions of this code pertaining to impounded, unlicensed dogs, except the licensing provisions thereof, shall apply to impounded cats. 6.04.060 Receipt fi-om owners. The poundkeeper or any duly authorized person shall have the right to receive and dispose of dogs or cats delivered into his possession by the owners thereof and shall charge a specified fee for each dog, cat,puppy or kitten delivered into his custody. 6.04.070 Release to agencies. Any impounded animal which has not been redeemed or sold and would nonnally have been destroyed in accordance with this chapter may, upon payment, of the necessary fee, be released from the animal shelter to an agency which has been approved by the California State Department of Public Health, the Animal Control Contractor and the chief of the animal control branch to obtain animals for medical research. 6.04.080 Euthanasia. Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia in accordance with state and city laws. 6.04.090 Redemption. A. An impounded dog may be redeemed by payment of a specified pound fee in addition to the daily charges and other charges, if any, for each day the dog has been impounded. B. Any dog over the age of four months which has been impounded shall not be released fi-om the pound or any shelter which is under contract with the city, unless it is first licensed in accordance with the provisions of this code. 6.04.100 Notice to owner. Any officer acting under the provisions of this code, and impounding a licensed dog, shall give notice in person or by mail to the last known address of the owner, of the impounding of such dog. If such dog is not redeemed and the owner or possessor does not pay the license fee. obtain a tag, and pay the fees required as specified in this code within three days or seventy-two hours after notice has been Given, the officer shall dispose of such dog in accordance with the provisions of this code or shall destroy such dog. 6.04.110 Record. Each poundkeeper, animal control officer or any other duly authorized person shall keep a record of all animals impounded by him, which record shall show: A. The date of impoundment: B. The license tag number, if any: C. A complete description of the animal: D. The date and marmer of its disposal: and E. If redeemed or sold, the name and address of the person by whom redeemed or purchased, the amount of all fees and other moneys received or collected by him and the disposition of the moneys. ARTICLE III. CARE AND CONTROL 6.04.120 Disposition of dead animals. A. When any dog or other animal or fowl owned by or in the custody or control of any person or found in any person's private property dies, such person shall, within twenty-four hours, provide for the burial, incineration or other disposition of the body of such dead animal or fowl in a safe and sanitary manner. B. It is unlawful for any person to dispose of the body of such dead animal or fowl in any public or private property, other than his own, without proper authorization from the Animal Control Contractor. 6.04.130 Abandorunent. It is unlawful to abandon any animal in the city. 6.04.140 Permitting to run at large. No person in the city shall permit an animal to stray or" run at large upon any public street, sidewalk, schoolground, public park, playground,place of public assembly or any other public place, or any unenclosed private lot Or other unenclosed private place, or upon any private place or properly without the consent of the owner or person in control thereof. Parkways comprising the area between the street and sidewalk shall be included as "private property" for the purposes of this section. 6.04.150 Holding animals in violation. Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this chapter may take possession of and hold the same; provided,however, that he shall notify the Animal Control Contractor or animal control officer or the chief of police of the fact that he has such animal in his possession, within four hours after securing possession thereof, and give such health officer, animal control officer or chief of police full information in regard to the same, including a complete description of such animal and license number, if any, and surrender the same to the Animal Control Contractor animal control officer or chief of police upon demand. 6.04.160 Restraint and control of dogs off owner's premises. No person may lawfully bring his dog out of his premises or property unless: A. The dog is restrained by a substantial leash not to exceed six feet in length and is in the charge of a person competent to restrain such dog; or B. The dog is under in-unediate command control of its owner or some other person competent to restrain such dog; or C. The dog is properly restrained and enclosed in a car, cage or similar enclosure 6.04.170 Impoundment of dogs ru ining at large. A. Any dog found rumning at large, running loose or unrestrained may be impounded by the Animal Control Contractor animal control officer or chief of police for a period of seventy-two hours. Any unclaimed dogs shall then be disposed of in accordance with Sections 6.04.090 and 6.04.100. B. There shall be a reclaiming fee for all impounded dogs, as established by the city council. 6.04.180 Defecation or urination. A person having custody of any dog shall not permit either willfully or tiv-ough failure to exercise due care or control, any such dog to defecate or urinate upon a public sidewalk, the floor of any common hall in any apartment house, hotel or other multiple dwelling, upon any entrance way, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theater, shop, store, office building or othef building used by the public. 6.04.190 Female dogs in breedine condition. It is unlawful for any person in the city to permit any female dog owned,harbored or controlled by him, when the female dog is in heat or in season or breeding condition, to be unconfined and in such a manner that it attracts stray male dogs. 6.04.200 Unvaccinated puppies. All dogs under four months of age and until vaccinated shall be confined to the premises of or kept under physical restraint by the owner, keeper or harborer. Nothing in this chapter shall be construed to prevent the sale or transportation of a puppy younger than four months of age. 6.04.210 Vicious animals. A. Whenever an animal suspected of being vicious is reported, the Animal Control Contractor shall investigate the circumstances, and if he finds that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a vicious animal, he shall notify the owner or harborer, if known, in writing, stating all of the facts and circumstances. A vicious or potentially dangerous dog, while on the owner or keeper' s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A vicious or potentially dangerous animal may be off the owner or keeper' s premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult. If such restraint is impossible or impractical, the animal shall be impounded until the owner or harborer is able to comply with the Animal Control Contractor's order. B. If upon receiving notification as provided in subsection A of this section, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the Animal Control Contractor within a reasonable time, such owner or harborer shall be liable to prosecution for violation of this chapter and the animal or reptile shall be subject to summary destruction. 1. "Enclosure" means a fence or structure suitable to prevent the entry of young children, which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. 2. "Hearing authority" means the advisory appeals board or such other person or entity designated by the City Manager of the City to administer hearings pursuant to this chapter. C. If the animal's owner or harborer is unknown, then such animal shall be impounded, and if not claimed within three days, shall be destroyed. 1. A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings, that the release of the dog would create a significant threat to the public health, safety and welfare. If it is determined that a dog found to be vicious shall not be destroyed, the hearing authority or, if appealed, the court, shall impose conditions upon the ownership and keeping of the dog that protect the public health, safety and welfare. D. A guard dog of any business or firm which is not securely confined during hours the business or firm is open to the public and which jeopardizes or subjects to hazard any lawful patron or visitor of such business or fine, shall be subject to the provisions of this chapter. E. For purposes of this chapter, "vicious animal" means any animal which bites, attacks, inflicts severe injury on or kills a human being or domestic animal; or in any way has a disposition or propensity to attack or bite F. All vicious dogs and potentially dangerous dogs shall be properly licensed and vaccinated. The City shall include the vicious dog designation and potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing authority has determined the designation applies to the dog. The City and "Contractor" may charge a vicious dog fee or potentially dangerous dog fee, to be established and amended by the City and the "Contractor"by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. G. The owner or keeper of a dog determined to be a vicious dog may be prohibited by the hearing authority, or if contested, the court, from owning,possessing, controlling or having custody of any dog for a period of up to t1iree years, when it is found, after proceedings, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare. H. If the dog in question dies, or is sold, transferred or permanently removed from the city, the owner or keeper of a vicious or potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days. 6.04.220 BeNvare-of-doe.notice. Whenever the Animal Control Contractor receives a report of a dog with a disposition or propensity to attack or bite any person or animal without provocation,he may order the owner to post and keep posted upon the premises where such dog is kept under restraint as provided in this chapter, a notice containing the words "Beware of Dog." Each letter of the notice shall not be less than two inches in height and the notice shall be displayed in plain and conspicuous view. Failure to obey such order in any respect as provided in this section shall render such owner liable to prosecution for violation of this chapter and shall render such vicious dog subject to sunnnary destruction. 6.04.230 Wild. exotic animals. A. No person shall have, keep, maintain, breed, sell, trade or let for hire any wild, exotic, dangerous or nondomestic animal without first applying to and receiving special authorization from the health officer. The keeping or maintenance of such animals shall also conform to the appropriate zoning codes as'well as laws and regulations promulgated by the state and federal goverrunents. B. The Animal Control Contractor may authorize the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his opinion, any such animal may be kept or maintained without endangering the safety of any person, other animal or property, nor create a nuisance; provided, however, that the Animal Control Contractor may require any such animal to be properly caged, tethered or restrained, and that he may create such additional requirements that may be necessary and proper under the circumstances; provided further, that any privately owned wild, exotic, dangerous or nondomestic animal shall require a license fee as established by the city council, the initial fee to be paid at the time of application. He may revoke such authorization when, in his opinion, the safety of any person, other animal or property is endangered or that a nuisance is created by the keeping of such animal. C. No person shall at any time harbor, own, voluntarily care for or have in custody any animal of any kind that is vicious, or any aanimal that in a threatening or annoying manner barks, snarls or menaces a person or persons within the city, or any animal that barks, howls or makes loud, armoying noises or sounds so that the same creates a serious menace to others in the immediate neiglborhood to the detriment of the public health, safety or general welfare of persons in the neighborhood. D. The provisions of this section shall not be applicable to licensed circuses, carnivals, zoos or other collections of wild animals under jurisdiction of a city, state or federal govenvnent. ARTICLE IV. ANIMAL ESTABLISHMENTS OTHER THAN DOG KENNELS AND CATTERIES 6.04.240 License required--Zoning compliance. No per- son shall, within the city, conduct or operate any pet shop, pet grooming parlor, public aquarium, game bird farm, pet- ting zoo, wild animal breeding or boarding facility or animal menagerie, without first obtaining a license from the Animal Control Contractor. Any such establishment shall also conform to the appropriate zoning codes. 6.04.250 Application for license. An application for a license to operate a pet shop, pet grooming parlor,public aquarium, petting zoo, wild animal breeding or boarding facility or animal menagerie, shall be made in writing to the Animal Control Contractor.Not later than ten days after receipt of application by the Animal Control Contractor, the facilities for which the license is requested will be examined by the Animal Control Contractor. No license shall be issued or renewed unless and until all general regulations relating to animals as set forth by the Animal Control Contractor, are complied with and after payment of an annual fee as established by the city council. Any building or structure used in the housing or maintaining of such animals shall be approved by the city building and safety department. 6.04.260 Facilities and practices. Every person with- in the city who owns, conducts, manages or operates any animal establishment for which a license is required by this article shall comply with each of the following conditions: A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals. B. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. C. All animals shall be supplied with sufficient good; wholesome food and water as often as the feeding habits of the respective animals require. D. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. E. All reasonable precautions shall be taken to protect the public from the animals and animals from the public. F. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to physical needs of the animals. G. All animal rooms, cages and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein. H. All animal runs shall be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation. 1. All animals shall be taken to a licensed veterinarian for examination and-treatment if so ordered by the health officer. J. Every precaution shall be taken to avoid the production of nuisances and any hazard to the public health as a result of the presence of these wild, dangerous and/or exotic animals. K. Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the Animal Control Contractor. L. Failure of the applicant for the license to comply with any of the conditions set out in this section shall be deemed just cause for the denial of any license, whether original or renewal. 6.04.270 Term of license. Any license issued under this article shall expire at the end of such fiscal year in which the license is issued. 6.04.280 Renewal of license. The procedure for the renewal of any license shall be subject to�the same conditions and shall be done in the same mariner as the issuance of an original license. 6.04.290 Revocation of license A. The Animal Control Contractor may revoke any license issued pursuant to this article whenever he determines from an inspection that any animal establishment fails to meet all conditions contained in Section 6.04.260 or for any other violation of this chapter. B. Any revocation of a license shall be effective until all conditions of Section 6.04.260 have been met and complied with to the satisfaction of the health officer and written notice of this fact has been given to the licensee. Upon receipt of nonce of compliance the license shall be deemed in full force and effect for the remainder of the original term for which issued 6 04.30 Not transferability of license. Licenses issued pursuant to this article shall not be transferable, except when original property including the animal establishment within such property is sold by the owner to another party and provided further that such animal establishment remains within the confines of the original property. ARTICLE V. ENFORCEMENT 6.04.310 Inspections. The Animal Control Contractor shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. A. The animal control officer is authorized and empowered to arrest and issue notices to appear pursuant to the provisions of this chapter and with regard to violations of the Penal Code of the state pertaining to animals including violation of Section 597 of said Code. The animal control officer shall enforce the provisions of this chapter and is authorized to issue citations and to file complaints and to perform any act authorized pursuant to Chapter 5c and 5d of Part 2, Title 3 (commencing with Section 953.6) and Section 836.5 of said Penal Code of the state. 6.04.320 Violation--Misdemeanor. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.16 of this code. Chapter 6.08 DOG LICENSING AND VACCINATION--RABIES CONTROL Sections: 6.08.010 Animal bites. 6.08.020 Biting animals. 6.08.030 Rabies suspects. 6.08.040 Exposure to rabid animals. 6.08.050 Quarantine signs. 6.08.060 Skunks. 6.08.070 Unvaccinated dogs prohibits. 6.08.080 Vaccination standards. 6.08.090 Exemption from vaccination. 6.08.100 Dog license--Required. 6.08.110 Dog license--Application. 6.08.120 Dog license--Fees. 6.08.130 Dog license--Penalty fee. 6.08.140 Dog license--Term. 6.08.150 Tag--Duplicate. 6.08.160 Tag--Wearing. 6.08.170 Tag--Falsification. 6.08.180 Tag--Unlawful use. 6.08.190 Dog license--Exemption from fee. 6.08.200 Dog 1 icense--Exempt dogs. 6.08.21 0 Dog 1 icense--Transfer of ownership. 6.08.220 Dog license--Renewal. 6.08.230 Right of entry. 6.08.240 Violation--Misdemeanor. 6.08.010 Animal bites. It is the duty of any person having knowledge that any animal subject to rabies, whether or not the animal is suspected of having rabies, has bitten any human being within the city to immediately report that fact to the Animal Control Contractor or to the chief of police with full information in regard to the incident. 6.08.020 Biting animals. A. Upon receipt of a report that a person has been bitten by an animal subject to rabies (all warn-blooded manmmals) , any person authorized to enforce the provisions of this chapter is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and to seize and impound if necessary, in a place and mariner approved by the Animal Control Contractor, any such animal for a period of ten days for dogs and cats and fourteen days for other animals. Excepted are rodents (members of the order Rodentia), rabbits and hares (members of the order Lagomorpha) . B. Notwithstanding the provisions of subsection A of this section, the Animal Control Contractor may authorize, with permission of the owner, if known, and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test in the county health department laboratory. C. It is unlawful for any person to remove fi-om any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this chapter, without the consent of the Animal Control Contractor. 6.08.030 Rabies suspects. A. It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to the Animal Control Contractor. f such person is the owner or possessor or has custody of such animal, he shall immediately confine it and keep the animal strictly confined until it is established to the satisfaction of the officer that such animal has or has not rabies. B. Where such owner or possessor does not have the proper facility for such confinement, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facility in a manner approved by the Animal Control Contractor, and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies. If such animal creates a menace to the public health and safety, the Animal Control Contractor or his representative may kill or destroy the animal forthwith and examine it for rabies in the laboratory using the fluorescent rabies antibody (FRA) test in the county health department laboratory. C. Whenever any such owned biting animal is quarantined in a place other than the premises of the owner, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal. D. The Animal Control Contractor, county health officer, and all law enforcement officers for the city shall have the right to enter upon any private property for the purpose of ascertaining whether any dog, cat or similar type animals are kept or harbored in violation of the provisions hereof and particularly to deterniine whether any dog is afflicted with rabies or hydrophobia or other dangerous disease. i E. The Animal Control Contractor shall have the right to seize any dog, cat or similar type animal within the city having or suspected to Have rabies or hydrophobia, or other diseases or sickness and in the event the Animal Control Contractor shall determine that such dog, cat or similar type animal is afflicted with rabies or hydrophobia or dangerous disease or sickness, the animal shall be killed forthwith or as soon thereafter as same is determined by the Animal Control Contractor, provided that if such animal shall be merely suspected of having rabies or hydrophobia; or other disease or sickness it may be confined by the Animal Control Contractor for such time as the Animal Control Contractor shall direct, and if the Animal Control Contractor shall thereafter determine that the dog does not have rabies, or hydrophobia, or has a dangerous disease or sickness, it shall be returned to the owner upon payment by the owner of the actual cost to the city and/or Animal Shelter Contractor for the care of the dog while it was kept in such confinement pursuant to the direction of the Animal Control Contractor. 6.08.040 Exposure to rabid animals. A. Any animal that is subject to rabies which has been exposed to a known rabid animal or suspected rabid animal shall, upon notification of its owner, possessor or custodian, be: 1. Immediately securely confined in a place and manner approved by the health officer for a period of six months; or 2. Immediately destroyed unless the biting animal is determined by laboratory examination to be negative from rabies; except that in the case of dogs and cats, the following alternative is permitted: a. The dog or cat shall be revaccinated and then quarantined for a period of thirty days provided such dog or cat has been vaccinated not less than thirty days with a rabies vaccine approved by the California State Department of Public Health. B. The Animal Control Contractor may, in his discretion, kill or quarantine the animal so bitten; in case the owner,possessor or custodian thereof fails to do so immediately, or in case the owner, possessor or custodian thereof is not readily accessible to Animal Control Contractor. C. The carcass of any dead animal exposed to rabies wilt, upon demand, be surrendered to the Animal Control Contractor. D. Upon the discretion of the Animal Control Contractor, he shall order the examination of such animal for rabies specimens of high-risk or medium-risk animals involved in a biting incident. Specimens of low-risk animals may be examined upon payment of reasonable laboratory fees. 6.08.050 Quarantine signs. It is the duty of any person authorized to enforce the provisions of this chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or confined to warn the public of this fact. It is unlawful for anyone to obstruct the posting of such a si on or to remove or destroy such a posted sign without permission of the Animal Control Contractor 6.08.060 Skunks. It is unlawful for any person, firm or corporation to (A) trap or capture skunks for pets; (B) trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and (C) transport skunks from or into the city; except, that the importation or exportation of skunks may be permitted by Animal Control Contractor for recognized zoological gardens or research institutions. 6.08.070 Unvaccinated dogs prohibits. It is unlawful for any person within the city to own, have an interest in, harbor and fed, or have the care, charge, custody or possession of a dog over the age of four months, whether such dog is confined or not, unless such dog has a current vaccination with rabies vaccine approved by the California State Department of Public Health and is officially tagged as provided for in this chapter. The vaccines shall be used exclusively to vaccinate all dogs within the city. Vaccination with the vaccines shall be valid for a period not to exceed two years. 6.08.080 Vaccination standards The rabies vaccination shall be performed only by a veterinarian who is duly licensed to practice in the state. Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the city, the county or any incorporated city 6.08.090 Exemption fi•om vaccination Notwithstanding the provisions of this chapter, a dog may be exempted fi•om rabies vaccination if such vaccination would jeopardize the health of such dog due to infirmity or other disability pro- vided the owner has in his possession a written certification from a licensed veterinarian attesting to such rnfrmity or disability. The owner or custodian of such dog shall, within ten days after the termination of such infirmity or disability; cause such dog to be vaccinated and licensed. Any such dog with infirmity or disability shall be securely confined within its owner's or harborer's premises so that it does not come in contact with any other animal or person. )6. 08.100 Dog license--Required. A. Every resident in the city who owns, has an interest in, harbors and feeds, or has the care, charge, custody or possession of a dog four months of age or over, and whether such dog is confined or not, shall obtain a city dog license for such a dog. Each dog shall have a current rabies vaccination as evidenced by a valid rabies vaccination certificate issued by the veterinarian who performed the vaccination as a requisite to licensing; provided, that rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a city or county low-cost clinic. B. While a dog is being used as a guard dog within the' city, it must have a city dog license and the license tag must be securely fixed to the dog's collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction. 6 08.110 Dog license--Application. Each application for a license shall be in writing upon a form to be furnished by the Animal Control Contractor, and shall contain such information as the Animal Control Contractor,by rule or regulation, requires. 6.08.120 Doa license--Fees. A. Each application for a dog license shall be accompanied by a license fee as established by the city council,provided such license is obtained: 1. During the regular licensing period, which is not later than January 31" of each year; 2. Within tlirty days after the dog attains the age of four months; 3. Within fifteen days after purchase or obtaining control, care or custody of a dog which previously attained the age of four months; and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or 4. Within thirty days after the date of establishing residency in the city provided further that the dog has a current license from another city or county and within fifteen days if the dog has no current license. B. Notwithstanding the provisions of subsection A of this section, and provided that either subdivisions 2, 3 or 4 of that subsection are met, the license fee shall be reduced as established by the city council after July 1st of each year. License fees will be reduced to half the annual fee if the application is submitted July Ist through December 31st. The amnual fee is due for applications submitted prior to July ls` of each year. Fees will not be pro-rated. 6.08.130 Doi License--Penalty fee. Any person who obtains a license not in conformity with any of the provisions of Section 6.08.110 shall pay a penalty fee, as established by the city council, in addition to the regular license fee. 6.08.140 Doe license--Term. The city dog license shall remain valid for a period of one year, effective January 1" of each year through December 31 S'of the sarne year, or throughout the duration of the calendar year in which the license is issued. 6.08.150 Tau--Duplicate. When the original license tag is lost, a duplicate tag shall be obtained upon submission to the City of such proof as he may require. The cost of each duplicate tag shall be as established by the city council. 6.08.160 Tas--Wearinp-. It shall be the responsibility of every city resident who owns, harbors, cares for or has in custody a licensed dog, to securely attach or fasten the license tag to the dog's collar or harness so that such tag is worn by the dog at all times except while such dog remains indoors or in any enclosed yard or pen where the dog cannot escape. 6.08.170 Tao--Falsification. It is unlawful for any person to place upon or attach to a dog any false, counterfeit or unauthorized tag for the purpose of evading the provisions of this chapter. 6.08.180 Tag:--Unlawful use. A. It is unlawful to attach a license tag on a dog for which the tag was not originally issued. B. It is unlawful to attach a license tag to any dog that does not have a current rabies vaccination. C. It is unlawful for unauthorized person to remove from any dog, any collar or harness or other device to which is attached a city license tag for the current year or remove such tag therefrom. 6.08.190 Dog license--Exemption from fee. A. The City may, upon discretion, issue a license without payment of the required license fee to an owner or custodian of a dog, if such dog is a guide dog and the owner is blind and can submit proof that such dog has been successfully trained to lead the blind as a guide dog. Such exception is good only while the dog is in possession of the blind person. B. Dogs belonging to the police department and used for law enforcement activities shall be exempt from license fee payment. 6.08.200 Dog license--Exempt dogs. The license is not required for the following categories of dogs, however, they must have a current rabies vaccination: A. Any dog within the city when the owner thereof resides in any municipality within the city, and such dog is wearing or-has attached to it a license tag for the current year issued by such municipality; B. Any dog owned by or in charge of any person who is a nonresident of the city and is traveling through the city or temporarily sojourn therein for a period of not exceeding thirty days; C. Any dog brought into the city and kept therein for a period not exceeding thirty days for the exclusive purpose of entering the same in any bench show or dog exhibition or field trials or competition; D. Any dog brought or sent into the city fi-om any point outside thereof for the exclusive purpose of receiving veterinary care in any dog hospital, in the event that such dog is kept at all times strictly confined within such hospital; E. Dogs kept for the sole purpose of being used for research in research institutions approved by the California State Department of Public Health; F. Dogs over four months of age which are offered for sale in a duly licensed pet shop or dog kennel. 6.08.210 Dog license--Transfer of ownership. If, during the licensing year, a licensed dog is sold or title to the dog is otherwise transferred to a new owner, such new owner may apply to the City for a transfer of such dog's tag and license and pay a transfer fee as established by the city council. Upon receipt of such application fee the City shall issue a certificate of transfer of such tag and the name and addresses of the owner and new owners. 6.08.220 Dog license--Renewal. Each city dog license shall expire on June 30th of each year and shall be renewed prior to expiration or within a period of thirty days after expiration. The procedure for the renewal of such license shall be done in the same manner as the issuance of the original license. 6.08.230 Right of entry. The Animal Control Contractor, Code Enforcement Officer and any contracted law enforcement persomnel —check to see if there should be any other entity listed here shall have the authority to enter upon any area or premises to enforce the provisions of this chapter. 6.08.240 Violation--Misdemeanor. Any person violating,the provisions of this chapter is guilty of a misdemeanor and shall be punished as provided in Chapter 1.16 of this code. Chapter 6.12 APIARIES Sections: 6.12.010 Purpose. ` 6.12.020 Definitions. 6.12.030 State law supplemented. 6.12.040 Location. 6.12.050 Nuisance abatement. 6.12.060 Watering place. 6.12.070 Notice to correct violation. 6.12.080 Right of entry. 6.12.090 Cost of abatement--Report. 6.12.100 Cost of abatement--Service of report. 6.12.110 Cost of abatement--Hearing. 6.12.120 Cost of abatement--Confirmation of report. 6.12.130 Cost of abatement-- Liability for payment. 6.12.140 Violation--Nuisance--Misdemeanor. 6.12.01 0 Purpose. The city council finds that the unregulated and improper keeping of bees and apiaries in numerous locations tiv-oughout the city has in several instances become a nuisance and a hazard to the safety of landowners, road-users and the public generally. 6.12.020 Definitions. Any word or phrase used in this chapter and not defined in this chapter shall be given the meaning established for such word or phrase by the California Agricultural Code as it exists as of the adoption of these provisions or may thereafter be amended. Whenever in this chapter the teen "Community Ser\11ices Director" is used, it means the city Connnunity Services Director and regularly appointed employees of the Community Services Department acting pursuant to his instructions. 6.12.030 State law supplemented. This chapter shall in all respects be construed to supplement and harmonize with the provisions of law of the state pertaining to bees and the beekeeping industry. 6.12.040 Location. A. All apiaries owned or kept within the city shall be kept and located at a place at least one hundred feet from all public roads (traveled portion), other than freeways, unless there are natural barriers to prevent bees from causing a nuisance or hazard to persons using the road and at a place at least two hundred feet from all freeways. B. All apiaries owned or kept within the city shall be kept and located at a place at least five hundred feet distant from the nearest house or building inhabited as a dwelling and shall not be kept and maintained at a lesser distance thereto,unless the owner of the apiary first pro- cures permission from the occupant or person using the building or house as a dwelling to do so. This chapter shall not apply to apiaries of five colonies or less providing they do not become a public nuisance. C. All apiaries owned or kept within the city near schoolyards or places where people congregate shall be located and maintained behind barriers (natural or otherwise) to cause bees to fly at a high altitude over such schoolyard or place where people congregate. 6.12.050 Nuisance abatement. No apiary shall be maintained or allowed to remain in any particular location in the city, but shall be moved to another location when the Community Services Director determines that there are substantial numbers of bees from such apiary which are entering land other than where such apiary is situated and are causing a public nuisance to the extent that the health, safety or welfare of the public is endangered, or causing property damage through such violation. The Community Services/Code Enforcement Department shall serve a written notice of the violation to the apiary owner or person in pos- session of the apiary requiring removal of the apiary within forty-eight hours fi-om the time the notice is served, all as provided in Section 6.12.070. 6.12.060 Watering place. Prior to locating or maintaining any apiary, a plentiful supply of fresh water must be furnished and kept available to such apiary at all times, unless an apiary is so located that the closest supply of water is an isolated stream or reservoir where water is available to such bees, and all other sources of water at locations where people or animals remain are farther from the apiary than the stream or reservoir. If no such stream or reservoir is available to the bees, the owner or person in possession of the apiary shall cause to be placed and maintained a watering place within one hundred yards of the apiary. .6.12.070 Notice to correct violation. Any person as apiary owner or possessor who violates any provision of this chapter may be the addressee of a written notice to cease or remedy such violation, the notice coming from the Community Services or Code Enforcement Department. The notice shall require that such person cease or remedy the violation within forty-eight hours. The notice required by this section shall be sent by registered mail (return receipt requested), and also shall be posted at a conspicuous place on or near the apiary where the violation has occurred. The forty-eight-hour period specified by such notice shall commence to run from the time both mailing and posting have been accomplished. Failure of the addressee of such notice to receive the same shall have no effect on the validity of such notice. 6.12.080 Right of entry. The Community Services Director or his assistants, deputies, employees or contracting agents may enter upon the private property for which the notice provided for in Section 6.12.070 has been given and abate and/ or remove the apiary to terminate the violation of this chapter. However, the Community Services Director or his assistants, deputies, employees or contracting agents shall not cause the destruction of any bees or of any apiary. 6.12.09 Cost of abatement--Report. The Conmiunity Services Director, at the time of the abatement provided for in this chapter, shall keep an account of the cost of abatement and shall render an itemized report in writing to the city council showing the cost of the abatement and making the corrections necessary to bring the apiary into compliance with this chapter. 6.12.12 Cost of abatement--Service of report. Before the report is submitted to the city council, a copy of it shall be served, as provided in this chapter, on the owner and/or the possessor of such apiary with a notice of the time when the report will be submitted to the council for confirmation. 6.12.110 Cost of abatement--Hearing. At the time fixed for receiving and considering the report, the city council shall consider the report and any objections of any apiary owner or possessor liable to be assessed for the work of abatement. 6 12 120 Cost of abatement--Confirmation of report. Upon consideration as provided in Section 6.12.110, the city council may make such modifications in'the report as it deems necessary, after which, by order or resolution, the report shall be confirmed. 6 12 130 Cost of abatement—Liability for payment. The amounts of the cost for abating the violation of this chapter mentioned in the report as confirmed shall constitute a special charge against the apiary owner or against the possessor, who shall have received notice as provided in this chapter, and the individual or individuals shall be liable to the city jointly and severally for the amount of the charge. The Community Services Director shall recover such charges by court action if not paid within fifteen days of the councils' confirmation. 6.12.140 Violation---114uisance--Misdemeanor. Any apiary, or use of property regulated by the provisions of this chapter, which is used or maintained in violation of any of the provisions of this chapter, is unlawful and a public nuisance, and the city attorney shall, upon order of the Community Services Director, commence an action or suit for the abatement, removal and enjoining thereof, in the mariner provided by law; and as seems most appropriate. All remedies provided for in this chapter shall be cumulative and not exclusive. In the event of a criminal action, the conviction and punishment of any person under this chapter shall not relieve such person from the responsibility of correcting the prohibited conditions or removing property which is in violation, nor prevent the enforced correction or removal thereof. Every person, firm or corporation, as principal, agent or employee, violating any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.16 of this code. Chapter 6.16 HOGS Sections: 6.16.010 Maintenance. 6.16.020 Feeding floors. 6.16.030 Storage bins. 6.16.040 Leaving garbage in pens. 6.16.050 Water troughs. 6.16.060 Wallows or mire. 6.16.070 Floors. 6.16.080 Dead animals and animal refuse as food. 6.16.090 Violation--Misdemeanor. 6.16.010 Maintenance. All places where garbage is fed to hogs shall be maintained in a sanitary condition and in accordance with the provisions of this chapter. 6.16.020 Feeding floors. All garbage fed to hogs shall be upon feeding floors, which feeding floors must be of concrete and so constructed as to permit controlled drainage; such drainage must be to the outside of the pens and not accessible to hogs and must be disposed of in a manner not to create a nuisance. The surface of all feeding floors must be maintained smooth enough to permit efficient cleaning. All feeding floors must have all refuse, garbage and manure removed therefrom at least once daily, after which they must be flushed with water and drained; except, that feeding floors in open lots where brood sows or young shoats only are kept will be considered as cleaned when they are entirely dry after sweeping. 6.16.030 Storage bins. No vat, bin or other receptacle for the storage of garbage shall be maintained unless the entire receptacle is above the level of the ground and watertight and so equipped that the same may be washed, scrubbed and drained. All such receptacles must have all garbage removed and be thoroughly washed and cleaned at least once each day when in use. 6.16.04.0 Leaving garbage in pens. No garbage shall be left in any hog pen or in the vicinity of any hog pen longer than from the day it is received or fed until the next day. No refuse or garbage shall be left in any such pen longer than from the day it is received until the next day. 6.16.050 Water trouelis. All water troughs for the watering of hogs must be constructed in such manner and so covered as to pen-nit hogs to drink, but to prevent as far as possible the entry of other than their heads into the water trough. All water troughs must be kept clean and provided with clean water. All water troughs must be connected with efficient drainage and must not be permitted to overflow, except such water troughs as may be located in open lots, where brood sows or young shoats only are maintained. The surface, for radius of at least six feet from all such water troughs, must be of concrete or other mireproof material. 6.16.060 Wallows or mire. No hog wallows or mire will be permitted in any hog pen or lot, except drain-equipped concrete Nvalls, upon which must be maintained a floating surface of at least one-half inch of heavy oil or water in which must be contained a proper percentage of approved disinfectant. All such concrete wallows must have their con- tents removed and be cleaned frequently enough to maintain clean material in them. Hogs may have access to running streams of water, provided no wallows are maintained adjacent to such streams; and provided further, that such access to streams by hogs will not create a menace to public health. 6.16.070 Floors. Floors of all houses where hogs may enter must be of concrete or watertight boarding and must be maintained in a clean condition. The use of clean bedding upon such floors will be permitted. 6.16.080 Dead animals and animal refuse as food. Dead animals or animal refuse, other than garbage as defined in this chapter, shall not be fed to hogs unless first sterilized by heat. 6.16.090 Violation—Misdemeanor. A violation of any of the teens or provisions of this chapter is a misdemeanor, and upon conviction shall be punishable as provided in Chapter 1.16 of this code. Chapter 6.20 COMMERCIAL KENNELS Sections: 6.20.010 Definitions. 6.20.020 License required--Fee. 6.20.030 Kennel license revocation. 6.20.040 Protection from elements. 6.20.050 Runs. 6.20.060 Proximity to dwellings. 6.20.070 Separation of owned and boarding dogs. 6.20.080 Vaccination and licensing of owned dogs. 6.20.090 Housekeeping and sanitation. 6.20.100 Animals exposed to disease. 6.20.110 Sale of dogs. 6.20.120 Humane societies and pet shops. 6.20.130 Violation--Misdemeanor. 6.20.010 Definitions. For the purposes of this chapter, the following definitions shall be used: A. "Boarding, and breeding kennel" means a kem�el in which dogs are kept for boarding, breeding, training, marketing or other purposes. B. 'Boarding kennel" means a kennel in which dogs owned by persons other than the kennel owner/operator are being cared for. C. 'Breeding kennel" means a kennel in which dogs are kept for the primary purpose of breeding. D. "Dog" means a domesticated animal of the canine type; young animals (puppies) of this type are considered as "dogs." E. "Kennel" means a place where five or more dogs over four months of age are kept. "Kemnel" shall not apply to animal shelters operated by govennnent agencies, or nonprofit societies for the care of stray dogs, nor shall be term apply to veterinary hospitals. 6.20.020 Licensed required--Fee. Every person, fain or corporation engaged in operation, control or management of a.kennel as defined in this chapter shall obtain a license from the Animal Control Contractor and shall pay an annual license fee as follows: For a kennel having the following number of dogs, the fee is designated: 5 to 10 $10.00 11 to 20 15.00 21 to 30 25.00 The fee shall be further increased ten dollars for each increment of ten or fractional part of ten dogs over thirty dogs. 6.20.030 Kennel license revocation. A. All dogs owned by, under the control of or in possession of a kennel operator shall be subject to the provisions of this chapter upon attaining the age of four months. The Animal Control Contractor shall have the power, upon the giving of ten days'notice by United States mail to any licensee under this chapter and an opportunity to be heard, to revoke any license granted to a kennel operator for violation of this chapter. B. "Boarding" dogs in kennels shall be vaccinated and licensed in the name of the owner. Failure to comply with this requirement shall be considered a violation of this chapter by the dog owner. 6.20.040 Protection fi-om elements. Adequate housing shall be provided for the protection of dogs from the elements. 6.20.050 Runs. A. Kennel runs shall be effectively enclosed by suitable fencing such as chain link, smooth concrete block or suitable fencing material. The exterior area of the premises shall be completely fenced or otherwise enclosed. B. Outside runs or properly constructed indoor runs shall be provided in all kennels. 1. Boarding kennel runs shall be constructed of concrete or other suitable type nonporous material. The floors shall slope one-fourth inch per foot to a drain or to a drainway. All such drains shall be properly plumbed, trapped and vented and shall be comnected to an approved underground disposal system which shall consist of a septic tank and seepage pit or leaching line as required by the Animal Control Contractor. Adequate ventilation must be provided for kennels with indoor runs . 2. Breeding kei-mel indoor runs may be constructed of four-iIlich minimum thickness of pea gravel or other suitable aggregate. Indoor runs must be constructed as provided in subdivision 1 of this subsection. 6.20.060 Proximity to dwellings. Kennels shall not be constructed closer than one hundred feet fi-om any structure on adjacent property used for human habitation nor closer than forty feet to any dwelling on the premises, except that of the owner's/operator's home. 6.20.070 Separation of owned and boarding dogs. Provisions shall be made in boarding and breeding kennels for the separation of kennel-owned dogs from those owned by other persons. 620.080 Vaccination and licensing of owned dogs. A. All breeding stock dogs four months of age or older owned by the kennel shall be currently vaccinated against rabies with chick embryo modified live-virus rabies vaccine. B. Dogs owned by the keimel operator which are allowed outside the confines of the kennels shall be individually vaccinated and shall have a current dog license attached to the collar. 6.20.090 Housekeeping and sanitation. A. All kennels, runs, buildings and other equipment and facilities used for the care of dogs shall be cleaned daily and shall be disinfected as necessary to prevent the spread of disease. Boarding kennels shall disinfect all facilities used in the care of dogs between each separate usage. B. All droppings shall be removed from the kennel daily. Soiled papers and bedding material shall be removed from the kennel as frequently as necessary to maintain the kennel in a clean!, sanitary manner. All such waste material shall be disposed of in a manner satisfactory to the Animal Control Contractor. C. Adequate provisions shall be made for the disposal of dead animals which shall be satisfactory to the Animal Control Contractor. 6.20.100 Animals exposed to disease. It is a violation of this chapter to sell, give away, release or otherwise dispose of an animal, except for euthanasia, which has or is suspected of having or has been exposed to any contagious or infectious disease transmissible to other animals or to man. All such diseases shall be reported to Animal Control Contractor or public health veterinarian. 6.20.110 Sale of dogs. All dogs, upon reaching the age of four months, shall be vaccinated against rabies as provided in this code, and when sold, the purchaser shall be provided with a copy of the "Certificate of Vaccination" issued by the veterinarian and shall be advised to secure a dog license tag within thirty days from the date of purchase 6.20.120 Humane societies and pet shops. The requirements of Sections 6.20.080 tlu-ough 6.20.110 shall also apply to humane societies and pet, shops. 6.20.130 Violation--Misdemeanor. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as pro- vided in Chapter 1.16 of this code. Chapter 6.24 LIVESTOCK Sections: 6.24.010 Permitting to stray. 6.24.020 Driving without consent of landowner. 6.24.030 Violation--Misdemeanor. 6.24.040 Violation--Civil liability. 6.24.050 Violation--Injunction. 6.24.060 Violation--Remedies cumulative. 6.24.010 Permittm2 to stray. It is unlawful for any person owning or controlling the possession of cattle, sheep or any other livestock to willfully or negligently pen-nit any such livestock to stray upon or remain unaccompanied by a person in charge or control thereof upon any private or public property located within the city. 6.24.020 Drivina without consent of landowner. It is unlawful for any person to lead, drive or conduct any animals over or across any private or public lands within the city without obtaining the prior consent of the private owner or public agency holding or governing such lands. 6.24.030 Violation--Misdemeanor. Every person who violates this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.16 of this code. 6.24.040 Violation--Civil liability. Any person who violates any provision of this chapter shall be liable civilly to the city for a penalty as provided in Chapter 1.16 of this code. 6.24.050 Violation--Injunction. An action may be brought by the city in the Superior Court of the state for an injunction against any person violating any provision of this chapter. (Ord. I §l(part) , 1978: county co e §32.074) 6.24.060 Violation--Remedies cumulative. The remedies contained in this chapter are cumulative and in addition to any remedies provided by state law Chapter 6.28 RIDING ACADEMIES Sections: 6.28.010 Defined. 6.28.020 Pen-nit required. 6.28.030 Compliance with rules and regulations. 6.28.040 Revocation of permit. 6.28.010 Defined. For the purpose of this chapter, "riding academy" means and includes any place where horses are rented or held for rent to the public, or where such horses are stabled, kept or maintained, or where horses are boarded or cared for by a person or persons other than their owner. 6.28.020 Permit required. It is unlawful to operate or permit to be operated any riding academy without an um-evoked permit so to do, issued in accordance with the provisions of this chapter. 6.28.030 Compliance with rules and regulations. No permit under this chapter shall be issued unless the applicant agrees in writing to comply with such rules and regulations as may be promulgated by the Animal Control Contractor for the location, operation, maintenance and care of such places and the manure and waste material therefrom, in ;a manner which shall not create a menace to human or animal health or be or become a public nuisance. 6.28.040 Revocation of permit. A permit issued under this chapter may be revoked by the Animal Control Contractor for failure to comply with rules and regulations established pursuant to Section 6.28.030, or if at any time— such place becomes a menace to human or W- ��F 11Zl Community and Economic Development (ALH0RNIA Department 22795 Barton Road Grand Terrace California 92313-5295 (909] 824-6621 t STAFF REPORT CRA ITEM( ) COUNCIL ITEM(X) MEETING DATE: October 23,2003 FUNDING REQUIRED NO FUNDING REQUIRED X SUBJECT: GPA-03-01 and E-03-05-Proposed Noise Element as part of the City's General Plan RECOMMENDATION: Adopt Second Reading of the Ordinance Approving General Plan Amendment- GPA-03-01 (Proposed Noise Element) and Approving Environmental Assessment E-03-05 (Proposed Negative Declaration) Background: This matter was heard by the City Council at its meeting of October 9,2003. Following the public hearing, the City Council approved the request to add the Noise Element as part of the City's General Plan and adopted the first reading of the proposed Ordinance approving General Plan Amendment No. 03-05 (GPA- 03-01). The Council also approved Environmental Assessment No.03-05(E-03-05),the proposed Negative Declaration. Betty Guzman,who testified at the public hearing,was sent a copy of the proposed Noise Element for her information. Recommendation: The staff recommends that the City Council adopt the second reading of the proposed Ordinance approving GPA-03-01 and approving the proposed Negative Declaration, E-03-05 /Respectf. subd, Gary L. oontz Community Development Director GLK:JL:jl CO"U':vCIL AGENDA ITEM NO. �� Exhibits: Exhibit 1 -Ordinance Approving GPA-03-01 (General Plan Amendment Adding the Noise Element to the City's General Plan) Attachments: Attachment"A"-Noise Element to be added to the General Plan Attachment`B: -Negative Declaration and Initial Study(E-03-05) c:\MvFiles'JOHN\NOISE-ELEMENIIGPA-03-0I secondreading.rpt 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT GPA-03-01,E-03-05 ADDING THE NOISE ELEMENT AND RESPECTIVE NEGATIVE DECLARATION WHEREAS, per State Law the General Plan is the top hierarchical document providing guidance to the City's orderly growth and development; and WHEREAS, per State Law each element of the City General Plan shall be consistent with each of the others and all other City development documents shall be consistent with it also; and WHEREAS, the Noise Element is consistent with all other General Plan Elements as they stand; and WHEREAS, per State law the General Plan shall be periodically updated to reflect community values, City long term goals and reasonably current data; and WHEREAS,the Govermnent Code of the State requires that a City's General Plan contain a Noise Element; and WHEREAS, the Noise Element will guide the City in enacting those measures to limit the exposure of the community to excessive noise levels; and WHEREAS,the Noise Element includes the following: 1) a "Summary" covering the main points in the Noise Element; 2) a discussion of the purpose and reason for the Noise Element; 3) the results of a noise survey in the City; 4) a discussion of the fixture noise environment in the City of Grand Terrace; 5) identification of important noise issues; 6) a statement of goals, objectives and an implementing program; and, 7) a discussion of noise evaluation and measurement terms. WHEREAS, the Noise Element addresses all noise issues outlined in the State Guidelines to prepare a Noise Element for the General Plan; and WHEREAS,the Noise Element has provided the City with specific implementing actions which can guidethe City in its responsibilities to enact those measures for achieving and maintaining environmental noise control for the residents of the City; and ]EXHIBIT I WHEREAS, the Planning Commission, at its meeting of July 17, 2003, recommended approval of the Noise Element following a public hearing on this matter; and WHEREAS, the City Council, at its meeting of October 9, 2003, held a properly noticed public hearing for the approval of the Noise Element and the respective Negative Declaration. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Repeal those portions of the existing Hazards Element of the General Plan which relate to Noise Hazards. Section 2: Adopt the Noise Element in full as incorporated hereby as Attachment "A" in this Ordinance. Section 3: Adopt the Negative Declaration, Attaclunent "B'' Section 4: Direct staff to amend any other City document,rnap or plan which is not in conformance with the adopted Noise Element. Section 5: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31 st day of its adoption. Section 6: Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council. Section 7: First reading at a regular meeting of the City Council of said City held on the October 9,2003, and finally adopted and ordered posted at a regular meeting of said City Council on the 23rd day of October, 2003. ATTEST: City Clerk of the City of Mayor of the City of Grand Terrace and of the Grand Terrace and-of City Council thereof the City Council thereof I, BRENDA STANFILL, 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 23 rd day of October,2003,by the following vote: AYES : NOES: ABSENT: ABSTAIN: City Clerk Brenda Stanfill _ Approved as to form: City Attorney John Harper c:\MyFiles\JOHN\NIOISE-ELEMENT1ordinance.noise i NOISE ELEMENT FOR THE CITY OF GRAND TERRACE (October 23, 2003) ATTACHMENT "A" J TABLE OF CONTENTS SUMMARY................................................................................................................ i TABLEOF CONTENTS.......................................................................................... ii PURPOSE................................................................................................................... 1 { EXISTING AND FUTURE NOISE ENVIRONMENTS........................................ I NOISE SURVEY RESULTS........................................................................... I COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) CONTOURS........ 3 MOBILE NOISE SOURCES............................................................................ 3 FREEWAY TRAFFIC NOISE........... ................................................... 3 TRAFFIC NOISE FROMMAJOR AND SECONDARYARTERIALS.... 7 NOISE FROM TRAIN MOVEMENTS ON THE BNSF RAIL LINE....... 7 NOISE FROM TRAIN MOVEMENTS ON THE SP RAIL LINE............ 7 NOISE FROM SAN BERNARDINO INTERNATIONAL AIRPORT........ 7 STATIONARY NOISE SOURCE.................................................................... 7 COMMERCIAL/INDUSTRIAL NOISE................................................. 7 CONSTR UCTION A CTIVITY........................ ..................................... 8 SENSITIVE NON-RESIDENTIAL RECEPTORS.......................................... 8 r r F RECOMMENDED NOISE ELEMENT GOALS AND POLICIES...................... 8 TRANSPORTATION NOISE CONTROL....................................................... 8 GOAL1..:..... .......... ...................... ..... . ... ...................................... 8 NON-TRANSPORTATION NOISE CONTROL ............................................ 10 GOAL2.................. .... ................ ... ........ .. . . ................................ 10 NOISE AND LAND USE PLANNING INTEGRATION.................................. 10 GOAL3............... . . ....... ....... ...... . . . . .. .. ...:.................................. 10 NOISE ELEMENT IMPLEMENTATION PROGRAM......................................... 14 TRANSPORTATION NOISE CONTROL........................................................ 14 ROADWAY IMPROVEMENT PROJECTS. . ........................................ 14 MOTOR VEHICLE NOISE CONTROL. ... ... .. .................................. 1.4 RAIL LINE NOISE CONTROL.................. ........................................... 14 AVIA TION...... ....... .... ................................... .................................... 14 NON-TRANSPORTATION NOISE CONTROL.............................................. 15 NOISE ORDINANCE ENFORCEMENT...... ......... .............................. 15 NOISE AND LAND USE PLANNING INTEGRATION................................. 15 NOISE ORDINANCE ENFORCEMENT.......... ..................................... 15 ii COMMUNITY STANDARDS APPLICATION TJOK....................................... 15 NOISE INSULATION............................................................................. 15 ACOUSTICAL ANALYSIS....................................................................... 15 GENERAL TERMS (NOISE EVALUATION AND MEASUREMENT).............. 15 A-WEIGHTED SOUND LEVEL....................................................................... 15 COMMUNITY NOISE EQUIVALENT LEVEL(CNEL)................................. 16 ACCEPTABLE EXTERIOR NOISE EXPOSURES.......................................... 16 h ACCEPTABLE INTERIOR NOISE EXPOSURES........................................... 16 ANNOYANCE AND HEALTH CONSIDERATIONS...................................... 20 GENERAL HEARING LOSS OR DAMAGE........ ......r....... . ...... ........... 20 INTERFERENCE 1VITH ORAL COMMUNICATION. ...... ........ . ......... 20 SLEEP INTERFERENCE... ...... . ... ............. ........................... ........... 20 DEFINITIONS.............................................................................................................. 20 REFERENCES............................................................................................................. 22 LIST OF TABLES TABLE I INTERIOR AND EXTERIOR NOISE STANDARDS.............. 11 TABLE 2 NOISE/LAND USE COMPATIBILITY MATRIX................... 13 LIST OF FIGURES FIGURE 1 LOCATION OF THE NOISE MEASUREMENT POSITIONS... 2 FIGURE 2 EXISTING (1999) CNEL NOISE CONTOURS........................... 4 FIGURE 3 FUTURE (2015) CNEL NOISE CONTOURS............................. 5 FIGURE 4 CNEL CONTOURS FOR SAN BERDO. AIRPORT................... 6 FIGURE 5 COMMON NOISE SOURCES/A-WEIGHTED NOISE...... ....... 17 FIGURE 6 COMMON CNEL NOISE EXPOSURE LEVELS....................... 18 FIGURE 7 LAND USE COMPATIBILITY FOR COMMUNITY NOISE.....19 LIST OF ATTACHMENTS ATTACHMENT 1 - EXISTING CNEL NOISE CONTOURS MAP (LARGE SCALE) ATTACHMENT 2 - FUTURE CNEL NOISE CONTOURS MAP (LARGE SCALE) ATTACHMENT 3 - TECHNICAL MEMORANDUM OF THE NOISE ELEMENT 11] THE NOISE ELEMENT FOR THE CITY OF GRAND TERRACE I. Purpose: The Noise Element of a General Plan is the basis for achieving and maintaining enviromnental noise control. The Element establishes goals, policies, and programs so that residents of the City of Grand Terrace will be protected from excessive noise. It also is an essential element for updating and maintaining the land use, circulation and housing elements. The Noise Element establishes guidelines to govern future construction and noise abatement programs by identifying major noise sources. These noise sources are both mobile noise and stationary noise. It also inventories sensitive receptors such as schools, religious institutes, convalescent homes and sensitive wildlife habitats. It also determines the extent of noise problems in the community, and inventories existing and proposed land use controls in conjunction with noise contours. By using existing and projected noise contours,the City can select and impose methods of noise attenuation and the protection of residential land uses and other sensitive receptors from existing and foreseeable noise problems. The Noise Element is one of the mandatory elements of the City's General Plan. State law requires each jurisdiction to have a general plan with seven (7) mandatory elements. These include the land use element, circulation element, housing element, conservation element, open space element, safety element and the noise element. This Noise Element will replace the noise hazards discussion in the Hazards Element of the existing General Plan of the City. J II. Existing, and Future Noise Environments: The most significant noise-producing activities within the City of Grand Terrace involve transportation activities. These include arterial streets, the I-215 Freeway, rail lines, and aircraft operations. In addition, numerous fixed sources of noise exist within portions of the city.The following secjion provides a discussion of the noise measurements obtained and an inventory of noise sources. From these measurements and complementing analytical procedures, noise exposure contours have been derived and noise impacts identified for the City of Grand Terrace. A. Noise Survey Results: A total of twenty (20)locations within the City of Grand Terrace were surveyed to establish the existing noise levels. These measurement sites were selected to determine the impact of noise on residential areas due to traffic on the major arterials (including the 1=215 freeway), train movements on the Burlington Northern Santa Fe(BNSF) and Southern Pacific(SP)rail lines, and flight operations from San Bernardino International Airport. A total of six (6) 24- hour noise measurements, and fourteen (14) limited noise measurements were obtained throughout the City. Figure 1 provides the location of the noise measurement positions. Appendix 11 of the attached Teclvlical Memorandum provides the noise level data measured at each position. 1 J WV Or COLION Q 4' If pi: Or COLI&I - � •••••.,`••. .-'/tl ltlmnlnrtmmni .I '�- /�- - ` _ '�rrl�l I full •,��II1Nllo - �� �. ��•` � ! � r, _ - - �� I in r o, •ji 'r Im ann�urllmlrr1 �I ,7/dili�ili i i '_.- --- 1 npn ht f I I r ,nIIINII "�' r" "l,l �UIII II'llllll�!/h'1'I'r!'� �= f nnw nmmmn `:'�I��IIIliiBlf(n1611�1'�`i I��>}i,� I u � II�L41 I I�IIl1l�Il�111Vi1, (� r�" mill HIJI In - r l.� —_ ��, 1 I-,., 13 I�� I I�I I��� »1� •�=����2muuhlu•cl^ ��, - _ I_ / 14 :- uuo� I(V�I�IISIlllll ' 1111 1• �. mm 1 1G fit h 20` _ ... .Tat _ 1 I � CITY OF - Location of the Noise Measurement Positions FIGURE 1 GRAND TERRACE The following provides an inventory of noise sources measured within the City of Grand Terrace and the ranges of maximum sound levels generated by these sources: Noise Source Range of Sound,Li Commercial jet flyover 46 to 67 dB(A) Private aircraft flyover 47 to 59 dB (A) Traffic on city streets 56 to 82 dB(A) Traffic on the I-215 freeway 66 to 73 dB(A) Activity at the lumberyard 58 to 79 dB(A) These noise sources were measured at various locations throughout the City. Therefore, the noise levels are not necessarily indicative of any particular area or location. B. Community Noise Equivalent Level .(CNEL) Contours: Figures 2 and 3 provide the CNEL contours for the existing and future noise environments within the City of Grand Terrace, respectively. Two 400-scale exhibits are also available in the offices of the City of Grand Terrace Conununity Development Department.Both provi de the CNEL contours ranging from 60 to 80 dB in 5 dB increments. Appendix II of the Technical Memorandum provides the noise level data measured at each position. The CNEL contours for the major arterials and freeway within the City of Grand Terrace have been developed utilizing a methodology based on a simplified version of the Federal Highway Administration's Traffic Noise Model and traffic data obtained from Caltrans and the City of Grand Terrace (with the extension of Commerce Way, without the North-South Corridor �J project,and without the Iowa extension).The railroad contours were developed based on Wyle Laboratories computational procedures using data obtained from the various rail companies and Metrolink. The CNEL contour for flight operations at San Bernardino International Airport as they impact the City of Grand Terrace are provided in Figure 4. These contours have been obtained from reports provided by the Inland Valley Development Agency and San Bernardino International Airport Authority. C. Mobile Noise source: The most significant noise-producing activity within the City of Grand Terrace involves transportation activities including arterial streets; the I-215 Freeway, rail lines, and aircraft operations. These noise sources were measured at various locations throughout the City. Therefore, the noise levels are not necessarily indicative of any particular area or location. Freeway Traffic Noise: The results of 24-hour measurements indicate CNELs of 75 to 80 dB at rear yards with direct exposure to the freeway. This level is higher than is considered acceptable and will compromise the welfare of residents exposed to the noise for a long period of time. /'.�'�./�r' i cp IIIIIIII (IIIIIIII +-IL'�IIIIIIIII�il� �•��• �'_ ���, \rh �' .�:�1 e ti°� �71ll)➢111fllll➢!IU11fT['.l i llgnlm�t._ _ /� _ �-= �I -_ �t, r`�iA•I A n,pl IY , -- -- f1\,y��`'\"\``\)NN I I>/�C I 71 - _ -- �" 11�1]! 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'' i1 U➢➢➢➢➢V➢ "!'111111111111111111111111111U'��` I I j _ ,IIVIIUILIIIII�U1Jl f 1_� - `� 4EL' 1���" - - II11 I.• Ilppppyl[ III _- —.._ ... ._ �Illlhlnlr`n1 ,P 1 E .c 1J11UII1 _ IW011HI, ;!_nu IIIlnllllll� J n ul 1 i•- -.yr ... �•. - - /1 III ,�Clil'�f'1t3� rtli�a lrffni=IYTI q: ( IIIEUIDU 1 { //.I• e I , �7�!f��1�II�.. �i '_42u�IV�I � I illU➢ .IP,N'IIHIG9,r- !L`—.... . �•�•�I I,IrJ I 1 tifiooron Ifill 111 CITE OF Existing (1999) CNEL Noise u Cont (GRAND TERRACE ors FIGURE 2 • t i� I 11 co"o �y I�IIIIIIIIII����pp��ppWnnlRNim R II( I _ � .- .- .�" ,0 1: WWIIII�➢➢II➢I I I_ I •_. �•P t �o • � ��._,� 1 1 1 _ ��'-h�f '.r ,I k -�i a�='1r rljl�n'ild•Qrtr _ - 1 •c I _ _ .ca fll��Itlilib•lr. 1UllT�l!-f 6 I i71 I nu nuunm oum NWuo m" 11 rillIIIII i I n-mnmi iiu , I 'I :1�' �s ' _ �.om�lomlal II(14fIV➢Ifll'lll�@' ➢171 N'I lrlillll�lu 1 1 li I i ,� y VV'�i ii-� d'�t!iil�'19�,� r I➢IW - � Ji ,r,f I I II I I I.I.I :���•�� I I IIII➢IIIII 14N�Ny9t1<�Illfb'����tit�Y II�til(I r1u 1 I��rl I 19 1 I I , 11 - 1L � r t �:a••�_ _ _ ___ '� a�➢ �tilur�'Iti�`�i��;il;l I lillflhl pall — h _ I N➢➢ 11'liii,iGlll�)Il.�f --•� - �'�1 ,I_ ". IDlul 11�4� �.__ In HIM Wnuuu u IWWlllllld'gl I@�INIVI➢➢IIIiI➢IfVf,'' _ � _ G' I I� I" I` I �� �- i i I t I�: 1➢i II➢➢➢➢ - IUII➢➢C➢➢�10 mI ql➢RBHB(f➢If11)1 'II'' - 1•_ _..__._.. -'- --'-' I _. ._ w 112HUH iWEEnDlU��. r� 11�1U111.[I�� IIIiUII➢II�I➢lmlll�'ItIl1=.— I- -:,cart t .•m I _ I ' � !I I I c � � .`. — �I '-"G ®d I •i 1 Iy�J�IDBBB III 11➢➢�1�'fllflllX� • =�� — - c•.[xwr� I �I mu_' fit I�Tlat-I 11 I L.�l�'V" I I ��I CITY Oil- - Future (2015) CNEL Noise Contours FIGURE 3 GRAND TERRACE J--h- 511— "ORTON AF9 BOUNCIAr?-y C T _V. n it .'T 0 n C, All I, r J— A 5cl L A ;It;r o re Pq bit J 1 '— (� -r ,d /" i —A H A Airpor( Masler Plan - rl& D TechnologleS 7Pnb U 7000 J - D j J SCALE IN resy CITY OF GRAND TERRA CE CNEL Contours for San Bernardino International Airport Reuse Plan FIGURE- 4 Traffic Noise From Major and Secondary Arterials: The CNEL values at noise-sensitive locations directly adjacent to the following arterials exceed 65 dB. Hence, the noise exposure at these areas is considered excessive: Arterials Reach Time Frame Barton Road La Cadena to Hilltop Existing & Future De Berry Street Commerce to Michigan Existing La Cadena Drive Barton to Rancho Existing & Future t_ Michigan Avenue Barton to Van Buren Existing & Future Van Buren to Main Future Mt. Vernon Avenue Main to Van Buren Future Van Buren to Barton Existing & Future Transportation-related activities are primary sources of noise affecting the quality of life in Grand Terrace. Effective reduction of noise associated with transportation is necessary to ensure protection from the detrimental effects of excessive noise. Noise from Train Movements on the BNSF Rail Line.- Currently,there are approximately 30 freight trains and 9 Metrolink trains per day operating on the BNSF rail line within the City of Grand Terrace. This current level of operation generates an unmitigated CNEL in the range of 70 to 75 dB. Future volumes are expected to increase to 67 freight trains and 22 Metrolink trains per day. This is expected to increase the unmitigated CNEL to 75 to 80 dB. Both the current and projected CNELs are considered to be a significant impact requiring miti gation.The primary source of annoyance is]ate night and early morning train passes. Noise f-om Train Movements on the SP Rail Line. Information provided by the rail company indicates that current operations on the SP rail spur consist of two trains or less per day.There are no plans to increase this volume in the future. Because of this lowlevel of activity;the impact ofthis noise source is considered insignificant. Noise frrom San Bernardino International Airport: In December 1999.noise measurements were obtained in Grand Terrace in order to assess the noise exposure being generated IN-oughout the area by flight operations at San Bernardino International Airport. The results of the measurements indicate maximum noise levels of 46 to 67 dB(A) due to over flights. Based on information provided by the Inland Valley Development Agency and San Bernardino International Airport Authority, the CNEL generated by the airport is less than 60 dB throughout the city. Therefore, the impact is considered to be potentially insignificant. A Stationary Noise Source: These noise sources may not be the most significant noise to the entire city:but none the less stationary noise are a detriment to residential land use when commercial and residential uses 7 are adjacent to each other. Conzmercialllndustrial Noise.- In general, commercial/industrial noise within the City of Grand Terrace is not considered excessive. However, where residential locations are adjacent to industrial zones or trucking operations,a significant impact may exist.This impact is primarily related to noise generated by: • loading dock operations, • trucks entering and leaving the area, and • mechanical equipment located both inside and outside the building(s). An example of this occurs at the residential community on Tanager Street and Royal Avenue. These homes abut a lumberyard. Measurements obtained at a residence in this community indicate maximum noise levels that range from 57 to 79 dB(A). Construction Activity The impact of construction noise that occurs during the daytime is considered minimal for no more than two or three months of activity. However, late night and weekend disturbances caused by construction noise may create a significant impact when experienced at nearby residential locations. E. Sensitive Non-Residential Receptors: In general,the sound levels at noise-sensitive non-residential locations within the City are not considered excessive. However, the following areas are located within an existing or future 65 dB CNEL contour: Terrace Hills Junior High School, Religious school on Barton Road east of Mt. Vernon Avenue, Private school on Mt. Vernon Avenue north of Barton Road, Grand Terrace Elementary School on Barton Road, and Grand Ten-ace Library. IIl. Recommended Noise Element Goals and Policies: A substantial portion of the city is affected by various sources of noise. The following goals, objectives and polices are intended to address identified noise issues in the community: A. Transportation Noise Control: Transportation related activities are primary sources of noise affecting the quality of life in Grand Terrace. Effective reduction of noise associated with transportation is necessary to ensure protection froin the detrimental effects of excessive noise. Goal No. 1: (Transportation Noise Control) Use noise control measures to reduce the impact from transportation noise sources. 8 • Objective 1.1 (Freeway Traffic Noise): Use noise control measures to reach specific noise levels of those areas along the I-215 Freeway within the City. • Policy 1.1.1: Pursue construction of new barriers or the augmentation of existing barriers,to reduce noise impacts along the 1-215 freeway along segments directly next to residential areas and Grand Terrace Elementary School. • Policy 1.1.2: Encourage, where feasible, noise mitigation measures, such as noise barriers and realignments, in the design and construction of new freeway improvements in the City of Grand Terrace. • Policy_1.1.3: Enforce the State's Vehicle Code noise standards within the City. • Policy LI A: Consider noise impacts to residential neighborhoods when designating truck routes, freeway improvements, and major circulation corridors. • Objective 1.2 (Traffic Noise FrO777 Major and Secondary Arterials): Use noise and traffic control measures to reduce the impact from transportation noise sources to acceptable levels. • Policy 1.2.1: Encourage, where feasible, noise mitigation measures, such as noise barriers and realigiunents, in the design and construction of new roadway projects in the City of Grand Terrace. • Polio Enforce the State's Vehicle Code noise standards within the City. • Policy 1.2.3: Consider noise impacts to residential neighborhoods when designating ' truck routes freeway improvements and major circulation corridors. • Policy 1.2.4: Work with the"RTA"and"Omnitrans"to establish bus routes that meet public transportation needs and minimize noise impacts in residential areas. • Policy 1.2.5: Participate in the planting and environmental review process for Proposed new arterials to ensure that appropriate noise mitigation measures are included in the design of the project. • Objective 1.3: (Air and Rail Line Noise Control): Use noise control measures to prevent or mitigate future noise resulting from the increase in the number of trains traveling through the City and planes flying over the City. • Policy 1.3.1:Pursue the construction of noise barriers along the BNSF and SP rail lines where residences exist next to the track. • Policy 1.3.2: Encourage the Public Utilities Commission, the BNSF Rail Company, the SP Rail Company and Southern California Regional Rail Authority to minimize the level of noise produced by train movements and whistle noise within the City of Grand Terrace by, reducing speeds, improving vehicle system technology and developing improved procedures for train engineer whistle blowing. • Policy 1.3.3: Encourage Grand Terrace citizen participation and City involvement on committees that could influence rail activities in San Bernardino/Riverside Counties. • Policy 1.3.4: Encourage Grand Terrace citizen participation and City involvement on committees that would influence future aircraft activities in San Bernardino County. 9 • Policy 1.3.4: Encourage Grand Terrace citizen participation and City involvement on committees that would influence future aircraft activities in San Bernardino County. • Policy 1.3.5: Encourage San Bernardino International Airport to set up noise control procedures and to consider methods to reduce and minimize noise exposure due to aircraft flyovers within the City of Grand Terrace. • Policy 1.3.6: Continue to monitor all San Bernardino International Airport,activities to minimize noise impacts within the City resulting from airport operations. • Policy 1.3.7: Work to reduce risks and noise impacts resulting from aircraft operations by (a) participating in and monitoring the planning processes for San Bernardino International Airport; (b) continuing to discourage commercial or general aviation activities that increase noise exposure(c)and preparing possible mitigation measures. • Policy 1.3.8 Support construction of railroad grade separations on Main Street at the Burlington Northern Santa Fe Railroad and Southern Pacific rail crossings. B. Non-Transportation Noise Control: Goal No.2(Non-T7•ansp07-lalio77Noise): Develop those measures-to control non-transportation noise impacts. • Objective 2.1: Stationary and Non-mobile Noise Sources. Adopt and enforce appropriate local noise ordinances to effectively control stationary and non-mobile noise sources. These measures will control non-transportation noise to avoid exposure to excessive noise levels thereby maintaining health and safety standards. • Polio: Implement a review process of the City's noise ordinance and City policies and regulations affecting noise. • Policy 2.2.2: Minimize the impacts of construction noise on adjacent land uses by limiting the permitted hours of activity. • Policy 2.2.3: Require City departments to observe state and federal occupational safety and health noise standards. • Policy 2.2.4: Require new equipment and vehicles purchased by the City to comply with noise performance standards consistent with available noise reduction technology. C. Noise and Land Use Planning Integration: Goal No. 3: (Noise and Land Use Planning Integration). Prevent and mitigate the adverse impacts of excessive exposure to residential and commercial land uses. • Obi ective 3.1: Co77ii77e7,cial/h7dusl7-ial Noise.Incorporate noise considerations into land use plamning decisions to minimize or avoid detrimental impacts,reduce encroaclvrrent of non-residential land uses, and enforce the local noise ordinance. • Polio: Adopt planning guidelines that establish acceptable noise standards for various land uses throughout the City of Grand Terrace, as indicated in Table 1. 10 Table 1. Interior and Exterior Noise Standards ::.. r Lard U's.e: hptei'.ior` Exter .or. Residential - Single family, multifamily, duplex, mobile home 45 dB 65 dB Residential - Transient lodging, hotels, motels, nursing homes, hospitals 45 dB 65 dB Private offices, church sanctuaries, libraries, board rooms, conference rooms, theaters, auditoriums, concert halls, 45 dB --- meeting halls, etc. Schools 45 dB 65 dB General offices, reception, clerical, etc. SO dB --- Bank lobby, retail store, restaurant, typing pool. etc. 55 dB --- Manufacturing, kitchen, warehousing, etc. 65 dB --- Parks, playgrounds --- 65 dB Golf courses, outdoor spectator sports, amusement parks --- 65 dB Notes: 1. Standard applies to all habitable interior areas. Standard to be achieved with windows and doors closed. Mechanical ventilation shall be provided as required by the Uniform Building Code 2. Standard applies to all habitable exterior living areas including: private yards, private patios and balconies, common recreation areas, school playgrounds, etc. 1l • Policy 3.1.2: Require new residential developments located in close proximity to existing commercial/industrial operations to provide interior noise mitigation as a condition of approval. • Policy 3.1.3: Require that commercial uses developed as part of any mixed-use project (with residential) not be noise intensive. Design mixed-use structures to prevent commercial noise impacts to the project's residential uses. • Policy 3.1.4: Require new corrunercial/industrial operations located in proximity to existing or proposed residential areas to incorporate noise mitigation into project design. • Polio: Replace a significant noise generating land use with non-noise generating land uses when plans for future use of areas are developed. • Objective 3.2: Construction Activity-Land Use Compatibility Standards. Minimize the impacts of construction noise and avoid detrimental impacts through the enforcement and implementation of land use compatibility standards, acoustical analysis, the use of noise insulation and the local noise ordinance. • Policy 3.2.1: Minimize the impacts of construction noise on adjacent land uses through limiting the permitted hours of activity. • Policy 3.2.2: Adopt planning guidelines that establish acceptable noise standards for various land uses throughout the city of Grand Terrace, as indicated in Table 1. • Policy 3.2.3: Require new residential developments located in proximity to existing commercial/industrial operations to control residential interior noise levels as a condition of approval. Policy 3.2.4: Require that commercial uses developed as part of a mixed-use project (with residential) not be noise intensive. Design mixed-use structures to prevent transfer of noise from the commercial to the residential use. • Policy 3.2.5: Require new commercial/industrial operations located in proximity to existing or proposed residential areas to incorporate noise mitigation into project design. • Policy 3.2.6: Replace a significant noise source with non-noise generating land uses when plans for future use of areas are developed. • Policy 3_2.7: Use noise/land use compatibility standards (Table 2) as a guide for future planning and development. • Policy 3.2.8: Review proposed projects in terms of compatibility with nearby noise- sensitive land uses with the intent of reducing noise impacts. • Policy 3.2.9: Review proposed projects in terms of compatibility with nearby 12 -- ' ' ' 1[8bye 2' Noise/Land Use CUDlDaf'b`Hf» 1\13{rix ' Land Use Categpjy CNEL. d8 Legend D 60 65 70 75 X8 Residential Single fomi|y, ja um|or,-1mi|y. dup|ox NORMALLY ACCEPTABLE Specified land use iosatisfactory Kvs/don//a| K4ob/|ehomvx based nodhn assumption that ally buildings involved are of normal Transient Lodging Motels, hotels conventional construction, without any special noise /nso|u|inn Schools, Libraries, Churches, requirements HoSpxx|s, Numng Homes CONDITIONALLY ACCEPTABLE Aud/ionumx. Concert RuU� New construction or development Amph«h�^/oo. Meeting H' Us :h»«|d houodunukou only after u .� detailed analysis oFthonoise Sports Arenas, Oux]norSpmclaN, requirements is made and needed Spons. Amusement Parks noise insulation features included in file design. Conventional construction, P|oy0nundo. Neighborhood Parks A A A but with closed windows and ftexhair Supply systems or all-conditioning Golf Couons. Riding 3mb|'o' wiU »nmnvUy�u[Ouo Cemeteries N0KWALLYDHACCF.PTABLE Office and Professional 8u/|dnnQo Nuv'�unx/mc|�on or development should gnno,u||y be discouraged If it does proceed, udo,xi|udanalysis— n[ Commercial Retail, 800kx ' . . file noise n:duCbuorequimmunu Rcr(nornn/y Thoa(on � must ho made and needed noise m' Industrial, Manufacturing, Utilities, uu��on6atunm included m�odesign. vYho|csa|o 3orv/n:3in|mn� . CLEARLY UNACCEPTABLE Agriculturem»woonotmxUnnordevelopmont should generally not boundertaken. Source Taken in pod fi-0m "Aircraft Noise Impact Planning Guidelines for Local Agnncim'" U.S. Dopt.of Housing and Urban Development, T8/NA'472. Novomber 1972 noise- sensitive land uses with the intent of reducing noise impacts. • Policv 3.2.10: Adopt planning guidelines that establish acceptable noise standards for various land uses throughout the City of Grand Terrace, as indicated in Table 1. • Policy 3.2.11 Apply the state's noise insulation standards to the conversion of existing apartments into condominiums wherever feasible. IV. Noise Element Implementation Program: The following programs will implement the goals, objectives and policies of the City's Noise Element: A. Transportation Noise Control: 1. Roadway Improvement Projects: The principal method of protecting sensitive land uses from traffic noise is the construction of noise barriers in concert with road improvement projects. The City will request, where necessary to mitigate identified adverse significant noise impacts, the inclusion of sound walls, earthen berms, or other acoustical barriers as part of any Caltrans or County roadway project. 2. Motor Vehicle Noise Control: To minimize or reduce noise impacts on residential and other sensitive land uses, the Community Development Department, the Building and Safety/Public Works Department, the Police (Sheriff) Department and the California Highway Patrol will: 1) enforce and periodically evaluate truck and bus movernents and routes to reduce impacts on sensitive areas, and 2) promote coordination between City Police (Sheriff) and the California Highway Patrol to enforce the State's Motor Vehicle noise standards. 3. Rail Line Noise Control: The principal methods of protecting sensitive land uses from train vehicle hoise are the construction of noise barriers, reduction of vehicle speed, the use of well- maintained welded track, rubberized crossings and whistle blowing procedures. The Community Development Department and the Building and Safety/Public Works Department will seek assistance from the Public Utilities Commission, the Southern California Regional Rail Authority and the Railroads to implement these methods. 4. Aviation Noise: Work to reduce noise impacts resulting from aircraft operations at San Bernardino International Airport by 1) participating and monitoring the planning processes for the airport, and 2) continuing to discourage general and commercial aviation activities that increase noise exposure to sensitive land uses. B. Non-Transportation Noise Control: 1.Noise Ordinance Enforcement: 14 The City will enforce its Noise Ordinance to reduce excessive noise from site- specific sources such as construction activity, mechanical equipment, landscaping maintenance, loud music,truck traffic, loading and unloading activities, and other sources. C. Noise and Land Use Planning Integration: 1.Noise Ordinance Enforcement: The Community Development Department and the Police (Sheriff) Department will enforce the City's Noise Ordinance to reduce excessive noise from site- specific sources such as construction sites, mechanical equipment, landscaping maintenance, loud music, truck traffic, loading and unloading activities and other sources. 2. Community Standards Application: The Conununity Development Department, tlu-ough the Design Review process, will apply the Noise Element standards of compatibility described in Tables 1 and 2 to new development proposals and methods to mitigate anticipated impacts such as building orientation and acoustical barriers, shall be applied to meet the standards. 3.Noise Insulation: Interior and exterior noise levels for proposed new development shall be required by the Community Development Department and Building and Safety/Public Works Department to meet the California Noise Insulation Standards (Title 24 of the California Administrative Code). These standards shall also be applied to all single-family developments and condominium conversion projects where feasible. 4. Acoustical Analysis: Acoustical analysis reports, prepared by a qualified acoustical consultant, will be required by the Community Development Department for new sensitive land uses within noise impact areas (i.e. area where existing or future CNEL exceeds 60 dB). V. General Terms (]Noise Evaluation and Measurement): A-Weighted Sound Level To establish the A-weighted sound level,the acoustical signal is detected by the microphone and then filtered to weight those portions of the noise that are most annoying to individuals. This weighting of sound energy corresponds approximately to the relative annoyance experienced by humans from noise at various frequencies. The sound levels of a few typical sources of noise that are routinely experienced by people within Grand Terrace are listed in Figure 5. The A-weighted sound level of traffic noise and other long-term noise producing activities within and around a community varies considerably with time.Measures of this varying noise level are accomplished by obtaining statistical samples. For the purposes of this study, the 15 following statistical values have been used: Leq: The energy equivalent(average)sound level. This value is most representative of the long-term annoyance potential as well as other effects of the noise. Lmax: The maximum sound level. Lmin: The minimum sound level. Ln: The sound level exceeded n% of the time (e.g.,L25 is the sound level exceeded 25% of the time). These measures may be recorded to obtain representative samples of the noise during certain time periods (e.g., peak traffic period, late evening, early morning, etc.). Community Noise Equivalent Level (CNEL) It is recognized that a given level of noise may be more or less tolerable depending on the duration of exposure and the time of day during which the noise is experienced. There are several measures of noise exposure that consider not only the variation of noise level but also include temporal characteristics. Of these, the State Department of Aeronautics and the California Commission of Housing and Community Development have adopted the CNEL. This measure weights the average noise level for the evening hours (from 7:00 p.m.to 10:00 p.m.) by 5 dB, and the late evening and early morning hours (from 10:00 p.m. to 7:00 a.m.) by 10 dB.The un-weighted daytime noise levels are combined with these weighted levels and averaged to obtain a CNEL value. Figure 6 indicates the outdoor CNEL at typical locations throughout the Southern California area. Acceptable Exterior Noise Exposures Figure 7 indicates the CNEL considered acceptable for various land use categories. In general, exterior noise exposures at residential locations should not exceed a CNEL of 65 dB. The Envirojunental Protection Agency(EPA)has recommended a policy stating that an Ldn (or CNEL)of 55 dB should not be exceeded within exterior living spaces. However,the EPA emphasizes that this level of exposure may not be economically feasible, or, in many cases; a practical level to achieve. Acceptable Interior Noise Exposures California' s noise insulation standards were officially adopted by the California Commission of Housing and Community Development in 1974 and became effective on August 22. 1974. On November 14, 1988, the Building Standards Commission approved revisions to these standards (Title 24, Part 2, California Code of Regulations). The ruling states that. "Interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric shall be either ... Ldn or ... CNEL, consistent with 16 Threshold of pain -120 dB(A) Disco 110 dB(A) Textile mill — Printmg plant — 100 dB(A) Jackhammer at 50' Power lawn mower at 5' 90 dB(A) Heavy truck at 50' — Concrete mixer at 50' —80 dB(A) ••-- _-.. Inside car at 40 mph — 110 dB change generally ;perceived as twice or half as loud Vacuum cleaner at 10' 70 dB(A) -- Car; 60 mph at 100' — Conversational speech 60 dB(A) -_ 15 dB change generally Large transformer at 50' __ !perceived as quite noticeable Urban residence —50 dB(A) •----- � -- 3 dB change is generally barely Small town residence — perceptible —40 dB(A) --_ I dB change is generally not Soft whisper at 6' — noticeable 30 dB(A) North rim of Grand Canyon 20 dB(A) —10 dB(A) Threshold of hearing 0 dB(A) CITY OF I! Common Noise Sources FIGURE 5 GRAND TERRACE and A-Weighted Noise Levels F_ 90 dB Next to freeway Los Angeles, 3/4 mi. from LAX 80 dB Downtown Los Angeles 70 dB Housing on major street Common standard for noise exposure level in exterior residential areas Los Angeles, 8 mi. from LAX Old suburban residential area 60 dB Small town cul-de-sac 50 dB Common standard for noise exposure level in interior residential areas Farm T 40 dB 30 dB CITY OF Common CNEL FIGURE 6h GP,AND TERRACE Noise Exposure Levels at Various Locations 8 n the noise element of the local general plan." Additionally, the Commission specifies that residential buildings or structures to be located within exterior CNEL (or Ldn) contours of 60 dB or greater of an existing or adopted freeway, expressway,parkway, major street, thoroughfare, rail line, rapid transit line, or industrial noise source shall require an acoustical analysis showing that the building has been designed to limit intruding noise to an interior CNEL of 45 dB. Annovance and Health Considerations In general, noise may affect the average individual in the following ways: General Hearing Loss or Damage Sound levels which exceed 85 dB (A), when experienced for long durations during each working day, may result in severe temporary or even permanent hearing loss. State and federal safety and health regulations currently protect workers at levels of exposure that exceed 90 dB (A) for each 8-hour workday. Interference With Oral Communication Speech intelligibility is impaired when sound levels exceed 60 dB (A). The amount of interference increases with sound level and distance between speaker and listener. Sleep Interference Sound levels that exceed 40 to 45 dB (A) are generally considered to be excessive for sleeping areas within a residence. VI. Definitions: The following common terms are used throughout the Noise Element Technical Memorandum: Ambient Noise , The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of enviromnental noise at a given location. Amplitude A measure of the difference between atmospheric pressure (with no sound present) and the total pressure (with sound present). Although there are other measures of sound amplitude, sound pressure is the fundamental measure.The unit of sound pressure is the decibel,denoted dB. A- Weighted Sound Pressure Level. dB (A) The sound pressure level; in decibels, as measured on a sound level meter using the A- weighting filter network. The A-weighting filter de-emphasizes the very low and a very high frequency component of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise. 20 Community Noise Equivalent Level. CNEL_ The average equivalent A-weighted sound level during a 24-hour day obtained by adding five decibels to the hourly noise levels measured during the evening(from 7:00 pm to 10:00 pm) and by adding ten decibels to the hourly noise levels measured during the night(from 10:00 pm to 7:00 am). In this way,CNEL takes into account the lower tolerance of people for noise during evening and nighttime periods. Day-Night Sound Level. Ldn The measure of noise exposure used by the EPA,HUD,FAA and the Department of Defense. It is the same as CNTEL except that the Nveighting considered (in CNEL) between the hours from 7:00 pm to 10:00 pm is eliminated. Throughout this technical memorandum, Ldn and CNEL are assumed to be the same measure.This is consistent with the recommended practice of the State of California Office of Noise Control. Decibel. dB A unit for describing the amplitude of sound, equal to 20 times the logaritlnn to the base 10 of the ratio of the pressure of the measured sound to the reference pressure,which is 20 micro Pascals. Because they are logarithmic, decibels are not additive. If two similar noise sources produce the same amount of noise (e.g., 100 decibels each),the total noise level will be 103 dB,not 200 dB.An increase in noise level of 10 dB is generally perceived as being twice as loud. Exterior Living Space Open area designed for outdoor living and/or recreation. Maximum Noise Level The maximum instantaneous noise level that occurs during a specific time interval. In acoustics, the maximum sound pressure level is understood to be for single events unless some other kind of level is specified. Noise Annoying, harmful, or unwanted sound. Noise Barrier A structure designed to mitigate the impact generated by a noise source(e.g.,an arterial or rail line)at an adjacent noise-sensitive location. Barriers should be continuous structures without gaps and should be constructed of a material that is impervious to noise(e.g.,concrete block, stucco-on-wood, wood-on-wood, Y4" tempered glass, earthen berm; or any combination of these materials). Noise Contour A line drawn around a noise source indicating constant levels of noise exposure. CNEL is the metric utilized herein to describe conununity exposure to noise. 21 Noise Impact Area A specific area exposed to significant levels of noise. Noise Reduction The ability of a material to reduce the noise level from one place to another or between one room and another. Noise reduction is specified in decibels. Noise-Sensitive Land Uses Noise-sensitive land uses include, but are not limited to: residences, schools, libraries; hospitals, churches, offices,hotels,motels, and outdoor recreational area's. These typify land uses ",here suitability is restricted by intrusive noises. Hence, they are termed "noise- sensitive". Noise sensitivity factors include interference with speech communication, subjective judgment of noise acceptability and relative noisiness,need for freedom from noise intrusion;and sleep interference criteria.The Land Use Element of the General Plan provides a description of the residential areas throughout the city and is considered the source for the inventory of noise-sensitive areas. Sound As used herein,sound is a reaction in the ear caused by radiant energy being transmitted from a source by longitudinal pressure waves in air or some other elastic medium. Sound Level Meter A measurement instrument containing a microphone, an amplifier, an output meter, and one or more frequency weighting networks. It is used for the determination of sound levels. VI. Referenees: 1. "Information on Levels of Equipment Noise requisite to Protect Public Health and Welfare with an Adequate Margin of Safety, "U.S. Enviroiunental Protection Agency, March 1974. 2. "Highway Noise;"U.S. Department of Transportation, Federal Highway Administration, FHWW-RD-108, FHWA Highway Traffic Noise Prediction Model, December 1978. 3. "Circulation Element, Master Plan of Streets and Highways," adopted August 27. 1998. 4. "City of Grand Terrace, Barton Road/Mt. Vernon Avenue Entering-Exiting Volume Count," Counts Unlimited, July 1998. 5. City of Grand Terrace Census Data Map, October 1999. 22 6. Final Project Study Report on Interstate 215 Between RIV P.M. R38.15 and P.M. 45.33, SBD P.M. 0.00 and P.M. 5.03 and RIV P.M> 18.9 and 44.8,"May 1993. 7. "Assessment of Noise Environments Around Railroad Operations, "Wyle Laboratories Report WCR 73.5, July 1973. 8. "Volume 3,Norton Air Force Base Master Plan, San Bernardino International Trade Port, Aviation Environmental Constraints/Potentials, "Aviation System Associates. 9. "Airport Master Plan for the Civilian Use of Norton Air Force Base, " P&D Technologies. 10. "Guidelines for the Preparation and Content of Noise Elements fo the General Plan,'' Office of Noise Control, California Department of Health, February 1976. 11. "Aircraft Noise Impact Planning Guidelines for Local Agencies,"U.S. Department of Housing and Urban Development, TE//NA 472,November 1972. 12. T.T. Schultz, "Noise Assessment Guidelines - Teclulical Background, U.S. Department of Housing and Urban Development, Report No. TE/TN 172, 1971. 13. "A Study of the Magnitude of Transportation Noise Generation and Potential Abatement, " U.S. Department of Transportation (a set of seven reports), 1970. 14. Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances, "U.S. Environmental Protection Agency, Report P.B. 206 717 National Technical Information Service No. NTIS 300.1), 1971. 15 "Industrial Noise Manual,"American Industrial Hygiene Association (14125 Prevost Street, Detroit, Michigan 48227). 1966. 16. "Noise Control in Multi-Family Dwellings,"' U.S. Department of Housing and Urban development (supersedes.FHA No. 750), 1963. 23 Rt3tiJ,T€F7 t J NEGATIVE DECLARATION Document Type: Negative Declaration Date: October 9, 2003 Project Title: Noise Element of the City's General Plan - General Plan Amendment No. 03- 01 & Environmental Review Case No. 03-05 Project Location: Citywide-City of Grand Terrace Description of Project: The project proposes to adopt a new Noise Element for the General Plan of the City of Grand Terrace as required by the Government Code.The new Noise Element has been prepared in conformance with the General Plan Guidelines of the State and will replace current noise provisions in the existing General Plan. The new Noise Element will be considered by the Planning Commission on July 17, 2003 who will make a recommendation to the City Council which will hold its own public hearing on this matter on October 9, 2003. Project Proponent: Community Development Department, City of Grand Terrace Lead Agency: Community Development Department, City of Grand Terrace Contact Person: Gary L. Koontz, Community Development Director (909) 430-2247 Public Review Period: Began:June 28,2003 Ended: October 9,2003 Public HearingsWeetings: Planning Commission—Thursday, July 17, 2003 at 7:00 P.M. City Council-Thursday, October 9, 2003 at 6:30 P.M. Environmental Finding: Based on an Initial Study, attached hereto, prepared to evaluate the potential environmental impacts of approving the Noise Element,the said Noise Element qualifies for a Negative Declaration on the grounds that the said Noise Element will not have a significant adverse impact on the environment. Signature: �- Garyl. i K ontz, Co unity Development Director c:\M3,Files\JOHN\NOLAW-ELEMENT\uegativedec]arationGPA03-0] ATTACHMENT "B" City of Grand Terrace Community and Economic Development Department Environmental Checklist Form 1 Project Title: City of Grand Terrace General Plan Revision—GPA-03-01/F- 03-05 to adopt a new Noise Element as required by the { Government Code. 2 Lead Agency Name and Address City of Grand Terrace Community Development Department 22795 Barton Road Grand Terrace, CA 92313 3 Contact Person and Phone Number- GaryL.Koontz,Community Development Director: (909)430- 2247 4. Project Location: City-Wide, City of Grand Terrace, CA 92313 5 Project Sponsor's Name City of Grand Terrace Community Development Department 6. General Plan Designation: N/A 7. Zoning. N/A 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is to adopt a new Noise Element for the City's General Plan in conformance with the General Plan Guidelines. State law requires each City and County of have a general plan with seven (7) mandatory elements. The Noise Element is one of the mandatory elements of the General Plan along with such other elements as the Land Use, Housing and Circulation Elements. The proposed new Noise Element will replace the existing noise provisions in the Hazards Element of the existing General Plan. 9. Surrounding Land Uses and Settings: (Briefly describe the project's surroundings.) North: N/A. East: N/A. South: N/A. West: N/A. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement) None Community Development Department l Initial Study and Environmental Analysis 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. ❑ Land Use and Planning ❑ Transportation/Circulation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Services Systems ❑ Geological Problems ❑Energy and Mineral Resources ❑Aesthetics ❑Watery ❑Hazards ❑Cultural Resources ❑Air Quality ❑Noise ❑Recreation ❑Mandatory Findings of Significance Determination: On the basis of this initial evaluation (To be completed by the Lead Agency). ® I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required ❑ I find that the proposed project MAY have a significant effect(s) on the environment,but at least one effect 1)has been adequately analyzed in an earlier document to applicable legal standards,and 2)has been addressed f by mitigation measures based on the earlier analysts as described on attached sheets, if the effect is a "Potentially significant impact" or "potentially significant unless mitigated " An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment;there WILL NOT be significant effect in this case because all potentially significant effects (a)have been analyzed adequately in an earlierEIR pursuant to applicable standards and(b)have been avoided ormittgated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 7/10/© Signature Date Gary L. Koontz Community.Development Director Printed Name Title Community Development Department 2 Initial Study and Envirommental Analysis 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) "Potential Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potential Significant Impact" entries when the determination is made, and EIR is required. 4) "Potential Significant Unless Mitigated Incorporated'' applies where the incorporation of mitigation measures has reduced an effect from "Potential Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures. and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier Analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). References to a previously prepared or outside docurnent should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached.and other sources used or individuals contacted should be cited in the discussion. Community Development Department 3 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated I. Land Use and Planning. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ (Source: General Plan Categories Map; Zoning District Map; BRSP District Map) b) Conflict with applicable enviromnental plans or ❑ ❑ ❑ policies adopted by agencies with jurisdiction over the project? ( There are no known agencies where the proposed Noise Element would cause a conflict. ) c) Be incompatible with existing land use in the vicinity? ❑ ❑ ❑ (Zoning District Map, BRSP- Zoning Regulations, City Zoning Code) d) Affect agricultural resources or operations (e.g., ❑ ❑ ❑ impacts to soils or farmlands, or impacts from incompatible land uses)? (There are no significant agricultural resources in Grand Terrace) V e) Disrupt or divide the physical arrangement of an ❑ ❑ ❑ L established conurtunity (including a low-income or minority community)? (No specific development is proposed by the proposed Noise Element. ) A brief explanation to answer]- The proposed Noise Element will be designed to have a positive effect on the community by proposing goals, objectives and policies to guide the City in minimizing or avoiding the adverse effect of noise on the existing residents of the City and future residents. No conflicts will result with existing or future development in the City. II. Population and Housing. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) ❑ ❑ ❑ b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area ❑ ❑ ❑ or extension of major infrastructure)? ( ) c) Displace existing housing; especially affordable housing? ( ) ❑ ❑ ❑ A brief explanation to answer 11 The proposed prolect is to adopt a new Noise Element for the City's General Plan. The purpose of the Noise Element is to limit the exposure of the conununity to excessive noise not to facilitate new development. Therefore no growth inducement is expected from the adoption of the Noise Element and no disruption of exiting housing stock is anticipated. Community Development Department 4 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated M Geologic Probienis. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (General Plan MEA/EIR -ES-4) ❑ ❑ ❑ b) Seismic ground shaking?(GP MEA/EIR-II-1) ❑ ❑ ❑ c) Seismic ground failure, including liquefaction? (GP ❑ ❑ ❑ MEA/EIR - II-1) ❑ ❑ ❑ d) Seiches, tsunami, or volcanic hazard? (GP MEA/EIR II-1) ❑ ❑ ❑ e) Landslides or rnudflows? (GP MEA/EIR II-1) f) Erosion, changes in topography or unstable soil ❑ ❑ ❑ conditions from excavation, grading, or fill? (GP ❑ ❑ ❑ MEA/EIR II-20) g) Subsidence of the land? (GP MEA/EIR II-1, Append B) ❑ ❑ ❑ h) Expansive soil? (GP MEA/EIR II-1, Append B-4 ) I) Unique geologic or physical features? (GP MEA/EIR ❑ ❑ ❑ II-1) ❑ ❑ ❑ A brief explanation to answer III The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no geologic problems resulting from the adoption of the Noise Element. Community Development Department 5 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated IV. Water. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (GP MEA/EIR II-1 ❑ ❑ ❑ Append B) b) Expose to people or property to water related hazards such as flooding? (GP MEA/EIR II-1) ❑ ❑ ❑ c) Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved ❑ ❑ ❑ (� oxygen or turbidity)? (GP MEA/EIR II-1) d) Changes in the amount of surface water in any water body? (GP MEA/EIR II-1) ❑ ❑ ❑ S e) Changes in currents, or the course or direction of water movements? () ❑ ❑ ❑ f) Changes in the quality of ground waters, either through direct additions or withdrawals, or through interception ❑ ❑ ❑ of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? (GP MEA/EIR II-1) g) Altered direction or rate of flow of groundwater? (GP MEA/EIR II-1) ❑ ❑ ❑ h) Impacts to groundwater quality? (GP MEA/EIR II-1, and 97 Regional WCA Report) ❑ ❑ ❑ I) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (GP ❑ ❑ ❑ MEA/EIR II-1) A_ brief explanation to answer IV: The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse impacts on water resources resulting from the adoption of the Noise Element. Cornmunity Development Department 6 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated V. Air Quality. Would the proposal: a) Violate any air quality standard or contribute to an ❑ ❑ ❑ existing or projected air quality violation? (GP MEA/EIR II-14, and AQMP) b) Expose sensitive receptors to pollutants? (The Element ❑ ❑ ❑ contains an implementing action to reduce such exposure) c) Alter air movement, moisture, or temperature, or cause ❑ ❑ ❑ any change in climate? (Any such implementing actions are designed to have a positive effect on the region's air quality) d) Create objectionable odors? (No specific odor causing ❑ ❑ ❑ proposals are included in the Element ) A brief explanation to,answer V- The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse impacts on air quality resulting from the adoption of the Noise Element. VI. Transportation/Circulation. Would the proposal result a) Increase vehicle trips or traffic congestion? ❑ ❑ ❑ (Trans. Engineering and Plaruling Consultant) b) Hazards to safety from design features (e.g., ❑ ❑ ❑ sharp curves or dangerous intersections) or incompatible uses? ( ) c) Inadequate emergency access or access to ❑ ❑ ❑ nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ❑ ❑ ❑ e) Hazards or barriers for pedestrians or ❑ ❑ ❑ bicyclists? (TCM Ordinance 147) f) Conflicts with adopted policies supporting ❑ ❑ ❑ alternative transportation (e.g., bus turnouts, bicycle racks)? (TCM Ordinance 147) g) Rail, waterborne or air traffic impacts? ( ) ❑ ❑ ❑ Community Development Department 7 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation to answer VI: The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse unpact on traffic in the City or region resulting from *— adoption of the Noise Element. VII. Biological Resources. Would the proposal result in impacts to: a) Endangered,threatened, or rare species or ❑ ❑ ❑ 0 their habitats (including but not limited to plants, fish, insects, animals, and birds)? (GP MEA/EIR II-20, Append C) b) Locally designated species (e.g., heritage ❑ ❑ ❑ trees)? (GP MEA/EIR II-20) c) Locally designated natural communities (e.g., ❑ ❑ ❑ oak forest, coastal habitat, etc.)? (GP MEA/EIR II-20) d) Wetland habitat (e.g., marsh, riparian, and ❑ ❑ ❑ venial pool)? ( ) e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ ■ (GP MEA/EIR II-20) Brief explanation to answer VIl. The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse impact on biological resources resulting from the adoption of the Noise Element. Indeed,the positive results of the Noise Element will encourage the protection of the biological resources of the community. Conununrty Development Department 8 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Viii. ]Energy and Mineral Resources. Would the proposal: - a) Conflict with adopted energy ❑ ❑ ❑ conservation plans? (GP MEA/EIR II-19, and Append D) b) Use non-renewable resources in a ❑ ❑ ❑ wasteful and inefficient manner? c) Result in the loss of availability of a ❑ ❑ ❑ known mineral resource that would be of future value to the region and the residents of the State? (GP MEA/EIR II-19, and Append B) Brief explanation to answer Vlil: No mineral resources have been identified in the City. The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be.no impact on energy or mineral resources resulting from the adoption of the Noise Element. Community Development Department 9 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated IX. Hazards. Would the proposal involve: a) A risk of accidental explosion or ❑ ❑ ❑ release of hazardous substance (including, but not limited to: oil; pesticides, chemicals, or.radiation)? (GP MEA/EIR II-7) b) Possible interference with ❑ ❑ ❑ emergency response plan or emergency evacuation plan? (GT Emergency Plan, and GP MEA/EIR II-13) c) The creation of any health hazard or ❑ ❑ ❑ potential health hazard? (GP MEA/EIR II-1) d) Exposure of people to existing ❑ ❑ ❑ fir" sources of potential health hazards? (GP MEA/EIR II-1) e) Increase fire hazard in areas with ❑ ❑ ❑ flatnmable brush, grass. or trees? (GP MEA/EIR II-6) Brief explanation to answer IX. The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no hazard increases resulting from the adoption of the Noise Element- X. Noise. Would the proposal result in: a) Increase in existing noise levels? ❑ ❑ ❑ (GP MEA/EIR II-10) b) Exposure of people to severe noise ❑ ❑ ❑ levels? (GP MEA/EIR I1-10) Community Development Department 10 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation to answer X. The adoption of the Noise Element will provide the goals, objective and policy guidelines to reduce the exposure of the population to unacceptable noise levels and to reduce overall noise impact in the community. The adoption of a new Noise Element will have a beneficial or positive impact on noise health for the community. XI. Public Services. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ❑ ❑ ❑ b) Police protection? ( ) ❑ ❑ ❑ c) Schools? ( ) ❑ ❑ ❑ d) Maintenance of public facilities, ❑ ❑ ❑ including roads? ( ) e) Other governmental services? ( ) ❑ ❑ ❑ Brief explanation of answer Xl. The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse impacts on public services resulting from the adoption of the Noise Element Community Development Department 1] Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated XII. Utilities and Services Systems. Would the proposal result in a need for new systems or supplies; or substantial alternations to the following utilities: a) Power or natural gas? (GP ❑ ❑ ❑ MEA/EIR II-32, II-33) b) Communications systems? (GP ❑ ❑ ❑ MEA/EIR II-33) c) Local or regional water treatment or ❑ ❑ ❑ S distribution facilities? (GP MEA/EIR II-30) d) Sewer or septic tanks? (GP ❑ ❑ ❑ MEA/EIR II-30) e) Storm water drainage? (GP ❑ ❑ ❑ MEA/EIR 11-33) f) Solid waste disposal? (GP ❑ ❑ ❑ MEA/EIR II-32) g) Local or regional water supplies? ❑ ❑ ❑ (GP MEA/EIR II-30) Brief explanation of answer XII. The proposed project is to adopt anew Noise Element for the City's General Plan No specific development is called for by the Noise Element;therefore there will be no utility and service systems resultmg from the adoption of the Noise Element. XIII. Aesthetics. Would the proposal: a) Affect a scenic vista or scenic ❑ ❑ ❑ highway? (GP MEA/EIR II-22) b) Have a demonstrable negative ❑ ❑ ❑ aesthetic effect? ( ) c) Create light or glare? ( ) ❑ ❑ ❑ Brief explanation to answer XI11. The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse unpact on aesthetics resulting from the adoption of the Noise Element. Community Development Department 12 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated XIV. Cultural Resources. Would the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ (GP MEA/EIR II-20) b) Disturb archaeological resources? ❑ ❑ ❑ (GP MEA/EIR II-20) c) Affect historical resources? (GP ❑ ❑ ❑ S MEA/EIR II-22) d) Have the potential to cause a ❑ ❑ ❑ physical change which would affect unique ethnic cultural values? (GP MEA/EIR II-22) e) Restrict existing religious or sacred ❑ ❑ ❑ uses within the potential impact area? ( ) Brief explanation to answer XIV. The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be no adverse impact on cultural resources resulting from the adoption of the Noise Element. In addition,there are no known archaeological or paleontological resources in the community. XV. Recreation. Would the proposal: a) Increase the demand for ❑ ❑ ❑ neighborhood or regional parks or other recreational facilities? (GP MEA/EIR II-21) b) Affect existing recreational ❑ ❑ ❑ opportunities? (GP MEA/EIR II-21) Brief explanation to answer XV The proposed project is to adopt a new Noise Element for the City's General Plan. No specific development is called for by the Noise Element;therefore there will be impact to the recreation facilities of the community resulting from the adoption of the Noise Element. Community Development Department 13 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated XVI. Mandatoiy 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 rare or endangered plant or animal, eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential ❑ ❑ ❑ S to achieve short-term, to the disadvantage of long-term, enviromnental goals? c) 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 comiection with the effects of past projects, the effects of other current projects, and the effects of other probable future projects.) d) Does the project have enviroiunental ❑ ❑ ❑ effects which will cause substantial adverse effect on human beings, either directly or indirectly? Community Development Department 14 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation to answers XVI. Less Than Significant Impact. The proposed project is the adoption of a new Noise Element to the City's General Plan. No specific development is proposed by the new Noise Element. Its policies are designed to improve the enviromment for both existing and future residents of the City. Therefore. the overall enviroiumental impacts, if any, will be less than significant. XVII. Earlier Analysis. Earlier analysis may be used where,pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR, or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. ■ Used the Grand Terrace General Plan Master Environmental Assessment and EIR for most of the base impact information. Both documents are available at the Grand Terrace Community and Economic Development Department. 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 stale whether such effects were addressed by mitigation measured based on the earlier analysis. ■ Not Applicable c) Mitigation measures. For effects that are "Less than Significant with Mitigation lncorporated," describe the mitigation measured which were incorporated or refined from the earlier document and the extent they address site specific conditions for the proj ect. 1� Not Applicable JLJI Grand Terrace Community and Economic Development Dept Community Development Department 15 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Authority:Public Resources Code Sections 21083 and 21087. References:Public Resources Code Sections 21080(c),21080.1.21080.3,21082.1,21083,21083.3,21093,21094,21151;Sunstrom v County of Mendocino,202 Cal.App.3d 296(1988);Leonoff v.Monterey Board of Supervisors,22 Cal.App.3d 1337(1990) c:\wp6l\..\planning\john\air\e9911.I.s Community Development Department 16 Initial Study and Envirom»ental Analysis STAFF REPORT CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: October 23, 2003 SUBJECT: ADOPTION OF A RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION RELATING TO DIRECTLY ELECTING THE MAYOR The City Council, at their meeting on September 25", directed staff to prepare the necessary Resolution to call a special election for the purpose of submitting to the voters a question relating to a directly elected Mayor. Pursuant to the Government Code, the City Council may submit to the electors the question of whether electors shall thereafter elect a mayor and four city councilmen,and whether the mayor shall serve a two-year or four-year tenn. Attached for the City Council to consider is a Resolution calling and giving notice of the holding of a special municipal election to be held by the City of Grand Terrace on March 2, 2004 for submission to the voters a question relating to a directly elected mayor. The proposed ballot language is as follows: "Shall the City of Grand Terrace create the office of a directly Elected Mayor for a four-year Tenn" The City Council may choose to amend this language to provide for a two-year teen. Pursuant to the Elections Code the legislative body of the City, or any member or members thereof authorized by the body may file a written argument,not to exceed 300 words in length,for or against the City Measure. A proposed Resolution is attached, which sets priorities for filing a written argument regarding a city measure and directing the City Attorney to prepare an impartial analysis. The City Council will need to determine, which individuals are authorized to prepare a written argument for or against the measure. The deadline to call a special election on March 2, 2004 is December 5`h. The next regular election date is November 2, 2004. Staff Recommends Council: • Consider the adoption of a Resolution calling and giving notice of the holding of a special municipal election to be held in said city on Tuesday, March 2, 2004 for submission to the voters a question relating to directly electing the mayor. • Determine the individuals who will be authorized to prepare a written argument regarding the measure and Consider the adoption of a Resolution setting priorities for filing a written argument regarding a city measure and directing the city attorney to prepare an impartial analysis. V COUNCIL A.C. V_vDA ITEM N0.,8 r-, RESOLUTION No. 2003- ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 2, 2004 FOR SUBMISSION TO THE VOTERS A QUESTION RELATING TO DIRECTLY ELECTING THE MAYOR WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a special municipal election shall be held on March 2, 2004. The City Council desires to submit to the voters at the election questions relating to directly electing the Mayor; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Grand Terrace. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities within said state, there shall be, and there is hereby called and ordered, to be held in the City of Grand Terrace, California, on Tuesday, March 2, 2004, a special municipal election of the qualified electors of said City for the purpose of submitting to the voters a question relating to a directly elected Mayor. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following questions: "Shall the City of Grand Terrace create the Yes office of a Directly Elected Mayor for a 4 year Term" No Section 3. That the ballots to be used at the election shall be in form and content as required by law. Section 4. That the Registrar of Voters of the County of San Bernardino is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election with the exception that the City Clerk of the City of Grand Terrace shall cause the publication of all notices that are indicated as the responsibility of the City Clerk in the Election Calendar for said election. Section 5. That the polls for said election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14301 of the Election Code of the State of California. Section 6. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 7. The City of Grand Terrace recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 8. That notice of the time and.place of holding said election is hereby given and the Registrar of Voters of the County of San Bernardino and the City Clerk of the City of Grand Terrace are hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. Section 9. Said Registrar of Voters is hereby authorized to canvass the returns of said Special Municipal Election. Section 10. That the City Clerk is directed to forward without delay to the Registrar of Voters, a certified copy of this Resolution. Section 11 . That the City Clerk shall .certify to the passage and adoption of this Resolution, shall enter in the book of original Resolutions of said City, and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 23"d day of October, 2003. Mayor of the City of Grand Terrace ATTEST: City Clerk of the City of Grand Terrace Resolution No. 2003- Page 3 I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23`d day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: City Attorney RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Grand Terrace, California, on March 2, 2004, at which there will be submitted to the voters the following measure: Shall the City of Grand Terrace create the office of a Directly Elected Mayor for a 4 year term NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes members of that body, to file a written argument regarding the City measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 23rd day of October, 2003. Mayor of the City of Grand Terrace Resolution No. 2003- Page 2 ATTEST: City Clerk of the City of Grand Terrace I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Stanfill, City Clerk Approved as to form: City Attorney STAFF REPORT CRA ITEM O COUNCIL ITEM (X) MEETING DATE: October 23, 2003 SUBJECT: Schedule November and December City Council Meetings Historically, Council has scheduled one meeting a month for November and December due to the holidays. November The regular meeting dates for November fall on the 13`h and 27`h. November 271h is Thanksgiving Day. Staff is recommending that one meeting be held in November on the 13`' December The regular meeting dates for December fall on the 11`h and 25`h. The Historical and Cultural 1 Activities Committee has scheduled the City Birthday Party for December I I1h at 6:00 p.m.and have requested that the City Council schedule their meeting to follow this event. Staff is recommending that one regular meeting be held in December. Calendars for the months of November and December are attached for your convenience. Please note that should an issue arise that needs to be addressed by the City Council; the Mayor may call a special meeting. Staff Recommends Council: Schedule one meeting for November to be held on the 131h, and schedule one regular meeting for December to be held on the 11`h following the City Birthday Celebration. r Sunday Monday _ Tuesday Wednesday Thursday Friday Saturday 1 November Country Fair 2 3 4 5 6 7 8 Historical & Emergency Cultural Operations Committee Committee 9 10 11 12 13 14 15 Crime Prevention Veterans Day City Council Closed Committee Closed 16 17 18 19 20 21 22 Planning Commission 23 24 25 26 27 28 29 Thanksgiving Closed Closed 30 f Sunday T Monday _ Tuesday Wednesday Thursday Friday Saturday December 2003 1 2 3 4 5 6 Historical & Emergency Cultural Operations Committee Committee 7 8 9 10 11 12 13 Crime Prevention City Council Closed Committee _ City Birthday Potluck 14 15 16 17 18 19 20 Planning Commission 21 22 23 24 25 26 27 Christmas Eve Christmas Day Closed Closed Closed 28 29 30 31 Closed C1Ty o STAFF REPORT GRfiND TERR City Manager's Office CRA ITEM ( ) COUNCIL ITEM (X ) MEETING DATE: OCTOBER 23, 2003 SUBJECT: REGIONAL COMMITTEE APPOINTMENTS FUNDING REQUIRED O NO FUNDING REQUIRED (X) Staff has received the attached correspondence from the County of San Bernardino and SANBAG in an effort to identify potential candidates interested in serving on various boards and committees. The following is a list of openings by agency. • Local Agency Formation Commission (LAFCO) Air Quality Management District(AQMD) • CAL-ID Remote Access Network Board • SCAG Energy and Environment Committee • SCAG Community Economic and Human Development Committee If any Council Members have any interest in one of the above positions please make that known during discussions and direct Staff to put forward any Council Member's nomination to the appropriate agency. -7i GOCyMC-�L AGEND,A i T EBf' N0. �� 10 SANG ban Bernardino Associated oyernmenfs ��N 472 N. Arrowhead Avenue San Bernardino, CA 92401-1421 k '- Phone: (909) 884-8276 Fax: (909) 885-4407 Web:www sonbag.ca.gov / F= a San Bernardino County Transportation Commission a San Bernardino County Transportation Authority a San Bernardino County Congestion Management Agency a Service Authority for Freeway Emergencies September 25. 2003 , } StP G: 20 v' Mr. Thomas J. Schwab C ERE.rir:,--.. City of Grand Terrace 22795 Barton Road Grand Terrace. CA 92 31; Dear M hQftb- This letter is to identify candidates among the city mayors and council members in San Bernardino County who are interested in appointment to serve on Southern California Association of Governments (SCAG) policy committees representing San Bernardino Associated Governinents (SANBAG). 1 would appreciate your assistance in notifying your council of this opportunity. SANBAG serves as a subregional organization working with SCAG to develop regional policies and plans and appoints local elected officials to serve on SCAG policy conunittees. There are currently four vacancies for elected officials to serve on the SCAG Energy and Environment Committee or the SCAG Community, Economic; and Human Development Committee. SCAG policy committees meet at the SCAG offices in downtown Los Angeles on the first Thursday of each month from 10:00 a.m. until noon. Most months, the SCAG meetings fall the day after the SANBAG Board meeting. and in those cases SANTBAG staff offers briefings to appointed members and coordinates dialogue relative to proposals and impacts to the County of San Bernardino. Elected officials who are interested in seeking appointment to serve on SCAG policy committees should send a letter of interest to SANBAG by October 20, 2003. Appointments are made by the SANBAG Board of Directors. Inquiries regarding the appointment process and the responsibilities of SCAG policy committee members may be addressed to either Deborah Barmack or Ty Schuiling of SANBAG at (909) 884-8276. Sincerely; Norm King Executive Director CM030819-DRB.DOC Cities of:Adelanto, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana. Grand ierroce. Hesperia, Highland, Loma Linda. Montclair, Needles,Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland,Viciorville,Yucaipa Towns of:Apple Valley, Yucca Valley County of Son Bernardino COUNTY OF f SAN B L TI.NARDI O BOARD OF SUPERVISORS Bill Postmus....................................First District SAN BERNARnitiO 1 Clerk of the Board of Supervisors Paul Biane.....................................Second District _ 1 = Dennis Hansberger..........................Third District County Government Center Fred Aguiar...................................Fourth District ., 385 North Arrowhead Avenue,Second Floor ieny Eaves......................................Fifth District San Bernardino,CA 92415-0130 WALLY HILL (909)889-0200 Fax(909)387-4554 J.RENEE BAS7IAN County Administrative Officer Clerk of the Board of Supervisors October 1, 2003 MAYORS AND CITY CLERKS Subject: City Selection Committee Elections Mayor Bill Alexander, Chair of the City Selection Committee, has set the next meeting of the San Bernardino City Selection Committee for December 3, 2003 at 11:00 a.m., at the Norman Feldheym Library, immediately following the San Bernardino Associated Governments (SANBAG) Board meeting. This meeting has been called to select new officers for the City Selection Committee and to select members to serve on the San Bernardino County Local Agency Formation Commission, the South Coast Air Quality Management District Board, and the CAL-ID Remote Access Network Board. This letter is to identify candidates who are interested in serving on these boards. Council Members or Mayors who are interested in serving on these boards should notify the Clerk of the Board of Supervisors by Friday, October 31, 2003. Interested candidates should send a letter indicating their interest and a statement of their qualifications and philosophy. Copies of the submittals will be forwarded to all of the Mayors and City Clerks prior to the meeting of the City Selection Committee. The following information may be helpful: City Selection Committee: The ternis of appointment for the Chair and Vice-Chair of the City Selection Committee expire at the next scheduled meeting. The City Selection Committee is established by the California Govermnent Code for the purpose of selecting representatives of the cities within each County to serve on specified bodies. The terns of the newly elected Chair and Vice Chair of the City Selection Committee will expire in May 2006. Office Incumbent Chair Bill Alexander, City of Rancho Cucamonga Vice Chair Judith Valles, City of San Bernardino Mayors and City Clerks City Selection Conunittee Elections Paee 2 of 4 The City Selection Conunittee consists of the Mayor of each city within the County. In San Bernardino County, the City Selection Conunittee meets every two years, or more frequently if required to make a selection. Individuals seeking more information about the City Selection Conunittee should contact Deborah Bannack, Director of Management Services at SANBAG, (909) 884-8276. Local Agency Formation Conunission (LAFCO): The tenn of appointment for a city representative on LAFCO expires in May 2004. The LAFCO for the County of San Bernardino is responsible for approving municipal and district boundaries which discourage urban sprawl and encourage orderly govenunental boundaries based upon local circurnstances and conditions. The Conunission membership consists of two city members selected by the City Selection Committee, two County Supervisors, two representatives of independent special districts, and one public member. The Commission normally meets for a half day on the third Wednesday of each month. The tern of office for Jim Bagley is scheduled to expire in May 2004. The election on December 3rd will determine the representative for the next four years. The full city representation on the Local Agency Formation Coininission is illustrated below. Individuals seeking more information about responsibilities of LAFCO members should contact Kathy Rollings-McDonald, LAFCO Executive Officer, at (909) 387-5866. Position Incumbent Tenn Expires Voting Member Diane Williams May 6, 2006 City of Rancho Cucamonga Voting Member Jim Bagley May 3, 2004 City of Twentynine Pahns Alternate Member Neal Hertzmann - May 6, 2006 City of Big Bear Lake South Coast Air Quality Management Distract (SCAQMD) Board: The term of appointment for the city representative on the SCAQMD Board expires in January 2004. The SCAQMD is charged with developing and implementing a comprehensive basin- wide air quality management plan for the counties of Los Angeles, Orange, and the non- desert portions of Riverside and San Bernardino Counties. The governing board consists of one person appointed by each of the following: the Governor, the Speaker of the Assembly, and the Senate Rules Conunittee; a County Supervisor from each County; and one elected official from the cities of each County, except for Los Angeles County, which has two. The governing board usually meets on the first Friday of each month and has committee meetings throughout the month. Individuals seeking more information about CSC030931-DRB.DOC Mayors and City Clerks City Selection Committee Elections Page 3 of 4 this position should contact Saundra McDaniel, SCAQMD Clerk of the Board, at (909) 396-2821. j Position �, Incumbent Term Expire Represents Cities of Leonard Paulitz January 15, 2004 San Bernardino County City of Montclair in South Coast Air Basin CAL-ID Remote Access Network Board: There is currently a vacancy for a Mayor to serve on the local CAL-ID board. The CAL-ID Remote Access Network Board serves as the policy board for the CAL-ID automated fingerprint analysis system that serves city and county law enforcement in San Bernardino County. The membership includes the San Bernardino County Sheriff, District Attorney, a member of the Board of Supervisors, two city police chiefs, a mayor, and a member-at-large. It has been requested that the City Selection Committee appoint a mayor fi-om a city which is a member of CAL-ID. Individuals seeking more information about this position should contact Lt. Mark Taylor, San Bernardino County Sheriff's CAL-ID, at (909) 890-5041. In accordance with the Rules and Regulations of the City Selection Committee, it is requested that each Citv Clerk transmit this announcement to every Citv Council Member. Elected officials iybo are interested in seeking election to fill a position sbould notifv the Clerk of the Board of Supervisors by Friday. October 31. 2003. The schedule for the election and amrouncements are as follows: October 31, 2003 Last day for candidates to provide resumes to the Clerk of the Board of Supervisors. November 10, 2003 Clerk of the Board of Supervisors mails candidate materials to Mayors and City Clerks. December 3, 2003 - City Selection Convnittee election held at 11:00 a.m. at the Norman Feldheym Library, San Bernardino, immediately following the SANBAG Board of Directors meeting. Please remember that the voting members of the City Selection Committee are the Mayors of each city within San Bernardino County. The Mayor may designate an alternate member of the Council to vote at the meeting by providing that member with a written designation signed by the Mayor and filed with the Clerk of the Board of Supervisors. CSC030931-DRB.DOC Mayors and City Clerks City Selection Committee Elections Page 4 of 4 Mavors are requested to mark their calendars for the December 3, 2003 City Selection Committee meeting. i Sincerely, NEE BASTIAN, Clerk of the Board of Supervisors City Selection Connnittee Secretary cc: Kathy Rollings-McDonald, Interim LAFCO Executive Officer Janet Laiblin, SCAQMD Lt. Mark Taylor, Sheriffs CAL-ID Norm King, SANBAG Deborah Bannack, SANTBAG City Managers S 1 CSC030931-DRB.DOC _ IT STAFF REPORT O GRAND TERR « City Manager's Office CRA ITEM ( ) COUNCIL ITEM (X ) MEETING DATE: October 23, 2003 SUBJECT: HIGBGROVE METROLINK RAIL STATION FUNDING REQUIRED ( ) NO FUNDING REQUIRED ( X) The City of Grand Terrace will be receiving a consultant's report regarding the construction of a future metro rail station in the Highgrove/Grand Ten-ace area. As of this time we do not have the report, however, it should be delivered to the Council on Monday October 20. The Riverside County Transportation Commission (RCTC) wishes the City Council's input on the report by November 1. Afler the Council reviews the report staff recommends the Council discuss it and i make any comments for the record which we will then transmit to RCTC. STAFF RECOMMENDATION: COUNCIL REVIEW THE CONSULTANT'S REPORT AND INTAKE COMMENTS FOR THE RECORD REGARDING THE PROPOSED HIGHGROVE/GRAND TERRACE AREA METRO RAIL STATION. �sild.uvC A Q E-N D A 6 T E FW 6ti 0H YcIT ' STAFF REPORT UP GRAnv T E RR R cE City Manager's Office CRA ITEM ( ) COUNCIL ITEM (X) MEETING DATE: OCTOBER 23, 2003 SUBJECT: TOWN HALL MEETINGS FUNDING REQUIRED ( ) NO FUNDING REQUIRED (X ) At a recent Council meeting there-\vas a suggestion that the City Council could implement a series of town hall meetings to improve the dialogue between interested citizens the City Council and the Staff. Should the Council wish to consider having town hall meetings it needs to be discussed as to the format that would be created and also how frequently Council might wish the meetings to be held. Staff recommends Council have a discussion regarding town hall meetings and give staff further direction on this issue. STAFF RECOMMENDATION: STAFF RECOMMENDS COUNCIL DISCUSS HAVING TOWN HALL MEETINGS AND GIVE STAFF FURTHER DIRECTION. O�" AGENDA ITEM NO,,. PE