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Home My WebLink About176 ORDINANCE NO. 176. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADDING CHAPTER 3.28 OF THE CITY OF GRAND TERRACE MUNICIPAL CODE ESTABLISHING A COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS WHEREAS,Government Code Section 29550.1, et. seq. allows cities to recover the costs charged by the counties for the booking or other processing of persons arrested and other costs incurred in connection therewith; WHEREAS, the City Council wishes to recover said costs charged by the County of San Bernardino for the booking or other processing of persons arrested and other costs incurred in connection therewith; WHEREAS,the City Council finds that the amount of the charges hereby adopted do not exceed the reasonably anticipated costs charged by the County for the booking or other processing of persons arrested and other costs incurred in connection therewith, and therefore the fee imposed hereby is not a"special tax" pursuant to Government Code Section 50076 and the actions taken herein are exempt from the additional notice and public meeting requirements of the Brown Act pursuant to Government Code Section 54954.6 (a)(1)(A) and(B); WHEREAS,the City Council further finds that the actions taken herein are necessary for setting the rates, fees, and charges for the City, and are therefore exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code Section 21080 (b)(8). NOW,THEREFORE,the City Council of the City of Grand Terrace does hereby ordain as follows: SECTION 1. Title 3 of the Grand Terrace Municipal Code is hereby amended by adding CHAPTER 3.28 COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS, as follows: (CHAPTER 3.28) COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS Sections: 3.28.010 Authority and Scope 3.28.020 Purpose 3.28.030 Definitions 3.28.040 Cost Recovery System 3.28.050 Amount of Fees Collected 3.28.060 Severability (Ordinance 153), is hereby amended to read as follows: F. A minimum distance shall be maintained from certain sensitive uses as follows: . 1. 500 feet from parks. schools, churches and day care centers. 2. 600 feet from the freeway. 2 ions as may be imposed to further the purposes of this chapter. 8.50.170 Penalty. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. ORDINANCE NO. 176 PAGE NO. 2 Section 3.28.010 Authority and Scope This Chapter is adopted pursuant to Government Code Section 29550.1, et. seq. as the same may now exist or hereafter be amended. Section 3.28.020 Purpose The proceeds from this program shall be used to reimburse the City's general fund for costs charged by the County for the booking or other processing of persons arrested and other costs incurred in connection therewith. Section 3.28.030 Definitions A. "City" means the City of Grand Terrace B. "County" means the County of San Bernardino Section 3.28.040 Cost Recovery System The City Manager is hereby authorized to enter into an agreement with an outside agency to provide for the recovery of City's costs and the charges imposed by the County for criminal justice administrative fees. Section 3.28.050 Amount of Fees Collected Fees collected shall be limited to those provided under Government Code Section 29550.1 et. seq. The actual cost of recovery over and above the criminal justice administrative fee shall be charged to the person convicted if applicable. Section 3.28.060 Severability If any section, subsection, part, clause, sentence, or phrase of this Chapter or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,the validity of the remaining portions of this Chapter, the application thereof, and the fee imposed shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence, or phrase regardless of whether any other section, subsection, part, clause, sentence, or phrase or the application thereof is held to be invalid or unconstitutional. SECTION 2. Effective Date This Ordinance shall become effective 30 days after its adoption. t of Fees Collected 3.28.060 Severability (Ordinance 153), is hereby amended to read as follows: F. A minimum distance shall be maintained from certain sensitive uses as follows: . 1. 500 feet from parks. schools, churches and day care centers. 2. 600 feet from the freeway. 2 ions as may be imposed to further the purposes of this chapter. 8.50.170 Penalty. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. ORDINACE NO. 176 PAGE NO. 3 PASSED,APPROVED AND ADOPTED this 11th day of November , 1997. ATTEST: (e)teliOk- City Clerk of the City of d Terrace and of May of the City of Grand Terrace the City Council thereof. an of the City Council thereof. 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 11th day of November , 1997, by the following vote: AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Approved as to form: City Clerk OD4/1 City Attorney :\wp61\..\planning\zoning\z9702.ord 12