Board of Supervisors Agenda Item - Stanislaus County

-THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUSACTION AGENDA SUMMARYDEPT: County CounselBOARD AGENDA # *E-1N[Urgent fl Routine AGENDA DATE October 3,2006CEO Concurs with Recommendation YES NO 415 Vote Required YES NO(Information Attached)SUBJECT:Approval to Introduce and Waive the First Reading of an Ordinance Adding Chapter 10.46 to theStanislaus County Code to Regulate Nuisance NoiseSTAFF RECOMMENDATIONS:1. Find that the subject ordinance is not subject to the California Environmental Quality Act (PublicResources Code sections 21000 et seq.); and2. Introduce and waive the first reading of an ordinance adding Chapter 10.46 to regulate nuisance noise.FISCAL IMPACT:This action will not result in an impact to the general fund.BOARD ACTION AS FOLLOWS:On motion of Supervisor___P_e_Iln_afi_nI IIIIIIIIIIIIIIIIII. Secondedand approved by the following vote,by SupeNisor _--oIBdcnAyes: Supervi~ors:~QIBde_n~G_r_~v_e~~9e~a_rt~~~a_nd~V'~~e_-C~airma_n_~Ma~fie!d ---------.-.--..--...... ......-..---..-Noes: Supervisors: ____-__------- No!-% e_e_e_e_e_-.-.-.-.-.-.-.-.-.-.-.Excused. . or Absent: Supervisors: S;haumanSim~n.........................................Abstalnlng: Supervisor: _________ None .............................................1) x Approved as recommended2) Denied3) Approved as amended4) Other:MOTION: NOTE: THIS ITEM WAS REMOVED FROM THE CONSENT CALENDAR AND PLACED ONNON-CONSENT FOR DISCUSSION AND CONSIDERATION.THE BOARD INTRODUCED AND WAIVED THE FIRST READING OF ORDINANCE C.S. 973

Approval to Introduce and Waive the First Reading of an Ordinance Adding Chapter10.46 to the Stanislaus County Code to Regulate Nuisance NoisePage 2DISCUSSION:The County has received numerous complaints related to noise that creates a nuisancefor neighbors. Penal Code section 415 already provides that it is illegal for any personto maliciously and willfully disturb another person by loud and unreasonable noise, andis a misdemeanor subject to imprisonment in the county jail for a period of not morethan 90 days, a fine of not more than four hundred dollars ($400), or both. The Officeof County Counsel was requested to prepare a local ordinance to regulate noise as aninfraction. A draft ordinance adding Chapter 10.46 to the Stanislaus County Code wasprepared to respond to that need and request.The proposed noise ordinance generally prohibits persons from knowingly making orcontinuing to make loud and raucous noise, which is defined in the ordinance as anysound that, because of its volume, duration or character, annoys or disturbs thecomfort, health or peace of a reasonable person of ordinary sensibility. The ordinancealso includes several exemptions, including agricultural acSvity that isconducted in amanner consistent with DroDer and acce~ted customs and standards for similaragricultural activities. ~/olation of the prbposed ordinance would be classified as aninfraction subject to a fine of $100 for a first violation, $200 for a second violation, and$400 for a third violation. Violations may also be abated just as any other nuisance inthe County.The proposed noise ordinance is a stop-gap measure to provide law enforcement a toolto respond to local complaints. The Department of Environmental Resources and~e~akment of planning and community Development are working on a comprehensivenoise ordinance that will contain more specific prohibitions.Staff recommends that the Board of Supervisors introduce and waive the first reading ofthe proposed ordinance and set the matter for adoption at the following meeting.POLICY ISSUES:Approval of this ordinance supports the Board's priorities of promoting a safe andhealthy community.STAFFING:There is no staffing impact associated with this request.\Ueus~ii\voll\DATA\CO\lpa\Documents\ORDINANDERWois Ord Report.wpd

ORDINANCE NO. C.S.AN ORDINANCE RELATING TO REGULATION OF NUISANCE NOISETHE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OFCALIFORNIA, ORDAINS AS FOLLOWS:Section 1. Chapter 10.46 - Regulation of Nuisance Noise is added to theStanislaus County Code to read as set forth on the attached Exhibit A.Section 2. This ordinance shall take effect thirty (30) days from and after thedate of its passage and before the expiration of fifteen (15) days after its passage itshall be published once, with the names of the members voting for and against thesame, in the Modesto Bee, a newspaper published in the County of Stanislaus, State ofCalifornia.Upon motion of Supervisor, seconded by Supervisor, the foregoing resolution was passed and adopted at aregular meeting of the Board of Supervisors of the County of Stanislaus, State ofCalifornia, the day of , 2006, by the following calledvote:AYES:NOES:ABSENT:Supervisors:Supervisors:Supervisors:, Chair of theBoard of Supervisors of the County ofStanislaus, State of CaliforniaATTEST:CHRISTINE FERRARO TALLMANCLERK OF THE BOARD OF SUPERVISORS OF THECOUNTY OF STANISLAUS, STATE OF CALIFORNIABYDeputy

APPROVED AS TO FORM:MICHAEL H. KRAUSNICKCOUNTY COUNSELDeputy County Counsel

CHAPTER 10.46REGULATION OF NUISANCE NOISESection 10.46.010 Declaration of PolicySection 10.46.020 Prohibited GenerallvSection 10.46.030 EnumerationSection 10.46.040 ExemptionsSection 10.46.050 Persons ResaonsibleSection 10.46.060 Penalty for violation10.46.01 0 Declaration of Policy.It is hereby declared to be the policy of the County of Stanislaus that the peace,health, safety, and welfare of its citizens require protection from loud and raucousnoises from any and all sources in the unincorporated areas of the County.10.46.020 Prohibited Generally.A. It shall be unlawful for any person to willfully or knowingly make, continue,or cause to be made or continued any loud and raucous noise.B. The term "loud and raucous noise" shall mean any sound which, becauseof its volume level, duration, or character, annoys, disturbs, injures, or endangers thecomfort, health, peace, or safety of a reasonable person of ordinary sensibility withinthe limits of the unincorporated area of Stanislaus County. The term "loud and raucousnoise" specifically includes, but is not limited to, the kinds of noise generated by theactivities enumerated in Section 10.46.030. The term "loud and raucous noise"specifically excludes the kinds of noise generated by the activities described in Section10.46.040.C. For any kind of noise not enumerated in Section 10.46.030, the factorswhich may be considered in determining whether a violation of the provisions of thissection exists may include, but shall not be limited to, the following:(a) The volume of the noise;(b) Whether the nature of the noise is usual or unusual;(c) Whether the origin of the noise is natural or unnatural;(d) The volume and intensity of the background noise, if any;(e) The proximity of the noise to residential sleeping facilities;(f) The nature and zoning of the area within which the noise emanates;(g) The density of the inhabitation of the area within which the noise emanates;(h) The time of the day or night the noise occurs;(i) The day of the week the noise occurs;(j) The duration of the noise;(k) Whether the noise is recurrent, intermittent, or constant; and(I) Whether the noise is produced by a commercial or noncommercial activity.Exhibit A -- Page 1

10.46.030 Enumeration.The following specific acts, subject to the exemptions provided in Section 10.46.040,are declared to be public nuisances in violation of Section 10.46.020.(a) The loud and raucous discharge into the open air of the steam of any steamequipment or exhaust from any stationary internal-combustion engine.(b) The loud and raucous use or operation of any radio, amplifier, phonograph,stereo, compact disc or tape player, loudspeaker, bullhorn, megaphone, or other devicefor the producing or reproducing of sound.(c) Loud and raucous yelling, shouting, talking, whistling, or singing between thehours of 10:OO p.m. and 7:00 a.m. on any day.(d) The owning, possessing, controlling, harboring, or keeping of any dog, cat, orother animal or fowl which by howling, yelping, whining, barking, or otherwise causes aloud and raucous noise.(f) The loud and raucous use of any drum, guitar, horn, or other musical instrumentor device.10.46.040 Exemptions.The term "loud and raucous noise" as used in this Chapter does not include noise orsound generated by the following:(a) Cries for emergency assistance and warning calls.(b) Radios, sirens, horns, and bells on police, fire, and other emergency responsevehicles.(c) Parades, fireworks displays, and other special events for which a permit hasbeen obtained from the County are exempted provided there is compliance with allconditions which have been noted in writing on the permit. Loud and raucous noiseproduced as a result of noncompliance with any condition specified on the permit is notexempted from the requirements of this Chapter.(d) Activities on or in publicly owned property and facilities, or by public employeeswhile in the authorized discharge of their responsibilities, are exempt provided that suchactivities have been authorized by the owner of such property or facilities or its agent orby the employing authority.(e) Religious worship activities, including but not limited to, bells, organs, singing,and preaching.(f) Locomotives and other railroad equipment, and aircraft.Exhibit A -- Page 2

(g) The collection of solid waste is exempted to the extent that the noise of suchcollection is regulated by the Stanislaus County Refuse Ordinance (Chapters 9.02,9.04, 9.08, 9.09, 9.10 and 9.12). Noise not covered by Stanislaus County RefuseOrdinance is not exempted from the requirements of this Chapter.(h) Agricultural activity, as such term is defined in Section 9.32.010 B, and anyoperation, facility or appurtenances thereof, that are conducted or maintained onagricultural lands for commercial purposes in a manner consistent with proper andaccepted customs and standards as established and followed by similar agriculturaloperations in the same locality.10.46.050 Persons Responsible.Any person, owner, agent, manager, or supervisor in charge of operating, ordering,directing, or allowing the operation or maintenance of any device, object, machine, oranimal creating a noise as prohibited in this Chapter, shall be deemed guilty of violatingthis Chapter.10.46.060 Penalty for Violation.A. Any person violating provisions of Chapter 10.46 is guilty of an infraction,and, upon conviction thereof, shall be punished as set forth in Section 1.36.020. Everyviolation of any provision of this Chapter shall be construed as a separate offense foreach day during which such violation continues and shall be punishable as provided inthis section.B. All violations of this Chapter constitute a public nuisance which, in additionto or in lieu of the penalty provisions set forth in subdivision A above, may be abated inany manner set forth in Chapter 2.92 of the Ordinance Code, including, but not limitedto, abatement or issuance of administrative citations.\U~~~~~~~V~~~\DATA\CO\~~~\DOCU~~~~S\ORDINANC\DER\N~~~~Ord Repott.wpdExhibit A -- Page 3

ORDINANCE C.S. 973NOTICE IS HEREBY GIVEN that on October 17,2006, at 6:30 p.m., or assoon thereafter as the matter may be heard, the Stanislaus County Board ofSupervisors will meet in the Basement Chambers, 1010 10th St., Modesto, CA,to consider the adoption and the waiving of the second reading of OrdinanceC.S. 973 adding Chapter 10.46 to the Stanislaus County Code to regulatenuisance noise.NOTICE IS FURTHER GIVEN that a full copy of the proposed ordinanceis available for review in the Clerk of the Board Office, 1010 10th Street, Suite6700, Modesto, CA. For further information, call the County Counsel's Office at525-6376.BY ORDER OF THE BOARD OF SUPERVISORSDATED: October 3.2006ATTEST:CHRISTINE FERRARO TALLMAN, Clerkof the Board of Supervisorsof the County of Stanislaus,State of CaliforniaBY:

nnnnnnnnnnnATTFST File No. M-64-F. 7TY OF STANISLAUSACTION AGENDA SUMMARYDEPT: BOARD AGENDA # *C-2October 3,2006AGENDA DATECEO Concurs with Recommendation YES C] NO 415 Vote Required YES NO(Information Attached)SUBJECT:Approval to Adopt Plans and Specifications for the Hatch Spill Box Culvert Extension - Phase I-A of theHatch Road Left Turn Channelization lmprovement Project; And, Approval to Set Bid Opening Date asNovember 15,2006,2:00 P.M.STAFF RECOMMENDATIONS:1. Adopt plans and specifications for the Hatch Spill Box Culvert Extension - Phase I-A of the Hatch RoadLeft Turn Channelization lmprovement Project.2. Direct the Clerk of the Board to publish notice inviting bids for the project as required by law, and setthe deadline for submission of bids as November 15, 2006, prior to 2:00 P.M.3. Direct the Public Works staff to mail notice inviting bids to trade journals as required by law.FISCAL IMPACT:This project is 100% funded through the County's Public Facility Fee Program and funds are available inthe project account. The cost associated with bidding and advertisement of this project is estimated in theamount of $500.00. This project will be constructed in two phases. The engineer's estimate for Phase I,the Spill Box Culvert Extension, is $250,000. The engineer's estimate for Phase II, Left TurnChannelization, is $1,500,000, for a total cost of $1,750,000..-, .On motion of Su~ervisor..__G_~o!-s!! ---------------------. , Seconded by Supervisor -__OBnenn _____._and approved by the following vote,Ayes: Supervisors:~O1Br_ig_n,G~~~e~De~~~~~,a_nd~~~c~-~~akma_n_~~~~fie!d_ ...............................Noes: Supervisors: ___._..._..___No~e_ ____-_____-_--___-_____Excused or Absent: Supervisors: Chakman_Sim~n .---------------------.----------Abstaining: Supervisor: ....._.__ None ...............................................1) X Approved as recommended2) Denied3) Approved as amended4) Other:MOTION:

Approval to Adopt Plans and Specifications for the Hatch Spill Box Culvert Extension - Phase I-A of theHatch Road Left Turn Channelization lmprovement Project and Approval to Set Bid Opening Date asNovember 15, 2006, 2:00 P.M.DISCUSSIONIn January 2004, the Board of Supervisors approved the Public Works Road Congestion Relief Program.This program provides for improvements to select roadways throughout Stanislaus County, including theimprovements to several intersections on Hatch Road.The proposed improvements consist of left turn lanes on Hatch Road at Faith Home Road, Gilbert Road,Parks Road, Washington Street, and Clinton Road. In order to install the left turn lanes additionalpavement needs to be constructed on the north side of Hatch Road to allow the installation of the left turnlanes. The proposed improvements will improve traffic safety and enhance the flow of traffic through theseintersections. In order to construct the additional pavement on Hatch Road at Faith Home Road, it isnecessary to extend the existing Turlock Irrigation District box culvert that crosses Hatch Road. This workneeds to be completed in the non-irrigation season. Staff has determined that in order to complete thiswork, it is necessary to bid and construct this portion of the work this winter. Staff has completed the plansand specification for this work and is requesting that the Board adopt the plans and specifications; directthe Clerk of the Board to publish the notice inviting bids and set the deadline for submission of bids asNovember 15, 2006, prior to 2:00 P.M.; and direct the Public Works Department staff to mail the noticeinviting bids to trade journals as required by law.Staff is currently finishing the design for the road improvements and negotiating with the property ownersalong the north side of Hatch Road for acquisition of right-of-way necessary for the project. Uponcompletion of the right-of-way acquisition, staff will return to the Board for adoption of the plans andspecifications for the Phase I-B of the Hatch Road Left Turn Channelization lmprovement Project.POLICY ISSUESThe Board should consider if the recommended actions are consistent with its policies of providing a safe,healthy community and a well-planned infrastructure system.STAFFING IMPACTThere is no staffing impact associated with this item.RC:laL:\ROADS\9423 - Hatch - Phase I-A\Design Division\Board IlemsWdopt Plans & Specs.doc

INVITATION TO CONTRACTORSCOUNTY OF STANISLAUSDEPARTMENT OF PUBLIC WORKSContractors are invited to submit written, formal bids for the Hatch Spill Box CulvertExtension - Phase I-A of the Hatch Road Left Turn Channelization ImprovementProject. Engineer's estimate is $250,000. The work to be accomplished includesestab~ishin~traffic control, clearing and grubbing, excavation and'grading, removing andextending the Turlock Irrigation District spill structure head wall and wing walls, and finalproject site cleanup as shown on the Plans and specified in the Special ~rovisions, andother such items and details not mentioned herein that are required by plans, standardspecifications or construction specifications shall be performed, placed, constructed ordetailed.Sealed bids are due before 2:00 P.M., November 15,2006, to the Clerk of the Board ofSupervisors, 1010 10" Street, Ste. 6500, Modesto, CA 95354.Plans and specifications are available for purchase from Stockton Blue, 209-524-2924and can be viewed at www.stocktonblue.com under "Public Plan Room".

DECLARATION OF PUBLICATION(C.C.P. S2015.5)COUNTY OF STANISLAUSSTATE OF CALIFORNIAI am a citizen of the United States and a residentOf the County aforesaid; I am over the age ofEighteen years, and not a party to or interestedIn the above entitle matter. I am a printer andPrincipal clerk of the publisherof THE MODEST0 BEE, printed in the Cityof MODESTO, County of STANISLAUS,State of California, daily, for which saidnewspaper has been adjudged a newspaper ofgeneral circulation by the Superior Court of theCounty of STANISLAUS, State of California,Under the date of February 25, 1951, ActionNo. 46453; that the notice of which the annexed isa printed copy, has been published in each issuethereof on the following dates, to wit:OCTOBER 10, 2006I certify (or declare) under penalty of perjuryThat the foregoing is true and correct and thatThis declaration was executed atM 0, California onORDINANCE C.S. 913NOTICE 15 HEREBY GIVEN tho1 M OElW 11,zw, at 6:1wm., or or rmn thereafter vr the mott~rmy be &ant the Stonirlaur Counh Bmrd 01sopervisl+ will mRt ill Me Borement ChombrLlolo 10th st., ~odeklo, c& ta mnrider me adoprionandthewi(ing oftherprend reodinsol MdlnonceC.S. 973 adding chapter 10.46 to the Sto'nirlourCo~nty Cade to nguiote nuironre noise.NOTiCE IS FURTHER GIVEN thot o lull WPV Ofthe prwrocl ordinonre is avoilohie (or review inme clerk of the ~ ood OHic& 1010 10th Stmet, Suite6100, ~oderlo. ch, For further inhlrmotion, toll theCounh Counrel'r Mlicr at 5S6376.BY ORDER OF THE BOARD OF SUPERVISORSDATED: October 3.WATTEST; CHRISTINE FERRARO TALLMAN,Clerkofthe kmi of superrismelthe Mm of Slmirlwr.smte BY:E~~Z~WA.at caiifwnio Kil~Asi%lltCler&~tbBDMdOCTOBER la ?wL-~~~OCTOBER 10, 2006