City of La Palma Agenda Item No. 7

Transcription

1 City of La Palma Agenda Item No. 7 MEETING DATE: November 19, 2013 TO: FROM: SUBMITTED BY: CITY COUNCIL CITY MANAGER Laurie A. Murray, Administrative Services Manager AGENDA TITLE: Ordinance of the City Council of the City of La Palma Amending and Recodifying, and Adopting by Reference, the La Palma City Code (2013 Edition) as the Code of Ordinances for the City of La Palma PURPOSE: The City desires to revise, recodify, recompile and update the ordinances comprising the 1976 Code to modernize the La Palma City Code, render it consistent with current law and City practices, eliminate obsolete references and provide it in a more user-friendly format to aid City staff, residents, and other individuals and entities that wish to use the La Palma City Code. BACKGROUND: The City Council approved an Agreement with Municipal Code Corporation (MCC) on January 19, 2010, and expenditures for the estimated cost of the project, $20,000, was broken over two budget years and An additional $9,400 was budgeted for additional City Attorney services related to the recodification project. The initial work for the project was completed in fiscal years and Scheduled to be finished in early 2011, the project was stalled due to other time-intensive projects required of staff at that time. $10,000 was budgeted this fiscal year to complete the project at an estimated remaining cost of $8,300. The City Council reviewed the proposed changes at a study session held at its November 5, 2013, meeting and provided direction to staff as appropriate. SUMMARY: The La Palma City Code has undergone a comprehensive review by City staff, the City Attorney and the Municipal Code Corporation, resulting in the restructuring and revision of various provisions throughout the Code s chapters. Basic changes have been made throughout the code as follows: Modernization gender neutral language Agenda Item 7 Page 1

2 Grammatical corrections capitalizations, commas, etc. History notes added throughout to provide legal history and old Code references City official titles Updated throughout to reflect current titles and assignments Fees removed References added to indicate that all fees are adopted by Resolution Sections re-ordered and re-numbered using only even numbers to allow for future additions to be placed in the Code logically Changes to individual chapters were also made as follows: In Chapter 2-Administration, language was corrected to meet current policies as follows: City Council appoints City Manager and City Attorney; removed references to authority over City Clerk and City Treasurer; updated language regarding found money and property to reflect current law; updated language regarding purchasing procedures to reflect current public works project laws; updated language regarding presentation of claims; and updated language regarding adoption of personnel rules. In Chapter 4-Alarm Systems, language was corrected to meet current policies as follows: alarm permits to be filed with Police Department instead of City Clerk; and definition for alarm agent updated. In Chapter 6-Ambulances, updated liability insurance amounts; and added medical malpractice and employee liability insurance requirements. In Chapter 8-Animal Control, added language requiring the reporting of diseased animals; and removed duplicative language regarding cat kennels. In Chapter 10-Buildings, removed language stricken through prior Ordinance Changes (references to 2007 Code replaced with 2010 Code); moved language regarding lighting in multi-family housing to Section 44 (Zoning Code); removed duplicate language regarding security that is contained elsewhere in the Code. In Chapter 12-Community Antennae Television Systems, removed language regarding franchise applications as 2006 State law eliminated local franchises; added language from Ordinance regarding service standards that had been omitted from Code, updated audit authority language to comply with State law. In Chapter 14-Finance and Taxation, removed language referring to sanitation utilities as City no longer provides those services; removed language requiring City-owned utilities to pay a 1% fee in lieu of property tax to the City s General Fund; removed language requiring City-owned utilities to pay a 5% franchise fee to the City s general fund on the gross billings for water and sewer; added language regarding legal procedures to Section 14-5 Payment of fees and charges for city services; and corrected language in Section pursuant to Initiative Ordinance regarding annual review and allowed reductions to UUT. Agenda Item 7 Page 2

3 In Chapter 16-Fire Protection, added language stating that fire protection services are provided by the Orange County Fire Authority; and removed language stricken through prior Ordinance Changes (2007 Code replaced by 2010 Code). In Chapter 20-Health and Sanitation, removed Article II regarding Mobile X Ray Units. In Chapter 22-Licenses, updated members of Special Permit Committee to reflect current practice and titles; updated language to reflect that applications are made to the Business License Division for ease of understanding; updated language to make licenses renewable on date of issue rather than all licenses becoming due on August 1 (this was done to smooth out renewals over the course of the year rather than all at once, which has a significant impact on workflow and overtime); removed fee schedule and added language that fees are set by Resolution by the City Council from time to time; replaced Solicitation Permit language in its entirety to reflect current law; updated Towing Service application language to reflect current practice; and updated Taxi Administration language to be consistent with current practice. In Chapter 24-Local Emergencies, updated language regarding violations to make consistent throughout Code (removed language regarding misdemeanors); and removed language regarding repealing prior Ordinances. Chapter 26-Nuisances, removed language regarding reasons for neglect of property (spite, influence zone changes, to cause detrimental effect on nearby properties); removed templates for Notices as requirements for notices change from time to time and updated language; replaced Section in its entirety to provide an updated process for abatement of nuisances posing an immediate threat to public health or safety or to City property; added language to Section (b) to provide a process for notification to the property owner of a nuisance; and provided a provision for property to be removed if the owner has signed a release and authorization for said property to be removed In Chapter 28-Offenses, removed language regarding specific fees; removed language regarding model homes; updated Bingo language to reflect current law and to allow for games by mobile home parks, senior citizens organizations, and charitable organizations; removed language regarding commercial manure dealers; updated graffiti definitions; updated Sound Truck language; and replaced all language regarding drug paraphernalia to reflect current law. In Chapter 32-Public Safety, updated language regarding violations to make consistent throughout Code (removed language regarding misdemeanors); and removed language regarding specific fees. In Chapter 34-Sewers and Storm Drains, added language to add Storm Drains to Title and definitions; removed language regarding Fats Oils and Grease compliance time guidelines as the time guides have expired; updated language regarding enforcing attorney; and added language that requires City Council authorization for the City Manager to cause the enforcing attorney to file an action for civil damages. In Chapter 36-Streets and Sidewalks, added definitions for Excavation and Abandoning Wells or Excavations ; added language (36-43) requiring that no work is Agenda Item 7 Page 3

4 done until utility locations are marked to the satisfaction of the City Engineer; added language (36-58) that allows City to perform restoration work to damage caused by others and bill for said work; and added language regarding repair and maintenance of driveways (36-81). Moved Chapter 38 regarding Trees to its own Chapter and updated language to reflect that the Tree Committee consists of members of the Community Activities and Beautification Committee; removed language regarding permits for planting, maintenance, or removal of trees; and removed language regulating nurseries or botanical gardens. In Chapter 40-Vehicles and Traffic, removed language regarding trains blocking intersections; removed language regarding administration of accident studies and reports; removed language regarding administration of annual safety report; simplified language regarding stop signs; updated language regarding temporary directional signs; removed language prohibiting advertising and on vehicles as similar provisions have been found to be unconstitutional; removed language prohibiting parking for the purpose of advertising and excessive advertising on parked vehicles as similar provisions have been found to be unconstitutional; and replaced language regarding parking spaces for handicapped persons (40-144). In Chapter 42-Water, added Section 42-6 regarding consumer responsibility; updated deposit for new service language (42-30); removed language regarding supply and quality as the State regulates these matters (42-68 (a)); updated language for multiple occupancies (42-75); and updated language for water supplies to Developments (42-151) and payment for existing water mains ). In Chapter 44-Zoning, removed references to Sections of Code that have been replaced or language that was inserted for clarification of new code sections (such as Planned Neighborhood Development); added to Section 44-2 Purpose, (b) Reasons for Regulations (to enact the policies and goals of the General Plan); removed duplicative definitions found elsewhere in the Code; updated Section regarding insurance requirements for community events to be determined at the time of application ; removed duplicative definitions found elsewhere in the Code; updated Section regarding insurance requirements for community events to be determined at the time of application ; removed passenger loading requirements from Section Tutorial facilities; added definitions to regarding Adult Oriented Businesses; deleted duplicative terms adult oriented business from definitions; modified the adult business operational requirements as follows - expanded that no owner of such business shall have pled guilty or nolo contendere with two years of a misdemeanor or felony classified by the State as a sex-related offense, expanded restroom requirements to state that the restroom facilities are used only for the intended sanitary uses, expanded internal configurations to includes that the entire body of any patron in an individual viewing area must be visible from the manager s station without the assistance of a mirror or other device ; added the following language to individual viewing areas - no beds shall be permitted in an individual viewing area ; updated standards for street numbers on new development to require illuminated numbers during hours of darkness; modified general provisions of Section Fences, walls, and hedges to add any combination of fence, hedge, or lattice to the height requirement of 8 feet; added Agenda Item 7 Page 4

5 language to Table III-3 regarding construction activities allowing that modification of construction hours may be granted for temporary uses per Section (7); removed duplicative language regarding recyclables; deleted Division 2. Affordable Housing in its entirety and replaced; modified parking standards for multiple uses; modified exemptions from sign permits as follows - added the underlined language to Authority to Remove The City shall have the authority to remove signs placed contrary to the provisions of this division, if violations persist after making reasonable attempts to contact the person or organization responsible for the signs. ; added definitive language to the six open house sign restriction per property for sale or lease ; modified Section regarding public hearing notices; simplified Section Violations to remove references to infractions and misdemeanors and replace with: A violation of any provision of this Development Code shall be subject to enforcement under Article XI of Chapter 2 of this Code. ; and modified Section Residential Remodel - Authority as follows - Adjacent neighbors to the rear, to the sides, and anyone affected by the addition or modification shall be notified of the proposed action and offered to sign the plans in support or offered a 15-day period to respond with any objections or concerns.. At the November 5 meeting there was some discussion regarding changing current parking restrictions of inoperable vehicles from 6 hours to 18 hours within a 72 hour period. By consensus, the City Council directed staff to leave the parking restrictions as they now exist in the current Municipal Codes at 6 hours. A complete copy of the Ordinance and Municipal Code being considered for adoption along with any secondary codes adopted by reference are available for on the City s website and in the Office of the City Clerk at City Hall. ALTERNATIVES: 1. The City Council could introduce the proposed Ordinance and set a Public Hearing on the matter for December 3, The City Council could introduce the proposed Ordinance with certain changes and set a Public Hearing on the matter for December 3, NOTIFICATION: The public hearing is not conducted at the first reading of the Ordinance, as typically done for municipal Ordinances. For uniform code adoption, first reading is followed by a City Council action to set the public hearing pursuant to Government Code Section Both the first reading and the setting of the public hearing actions can be part of the same agenda item, so long as the introduction of the Ordinance precedes the action item to set and notice the public hearing. CONCLUSIONS: Introduction and subsequent adoption of the proposed Ordinance revising, recodifying, recompiling, and updating the ordinances comprising the 1976 Code to modernize the La Palma City Code, will render it consistent with current law and City practices, eliminate obsolete Agenda Item 7 Page 5

6 references and provide it in a more user-friendly format to aid City staff, residents, and other individuals and entities that wish to use the La Palma City Code. FISCAL IMPACT: $10,000 was budgeted for in the Fiscal Year budget (Account ) to complete the recodification project. It is anticipated that the remaining cost to finish the project will be approximately $8,300, for a total project cost of $22,601 plus legal fees expended in 2010 and There will be no additional legal fees this fiscal year due to the restructuring of the City s Agreement with Rutan and Tucker. RECOMMENDED ACTION: It is recommended that the City Council take the following actions: a) Introduce an Ordinance of the City Council of the City of La Palma amending and recodifying, and adopting by reference, the La Palma City Code (2013 Edition) as the Code of Ordinances for the City of La Palma; and b) Set a Public Hearing on the matter for December 3, APPROVED: N/A Department Director Finance (if applicable) City Manager Attachment: 1. Proposed Ordinance Agenda Item 7 Page 6

7 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PALMA AMENDING AND RECODIFYING, AND ADOPTING BY REFERENCE, THE LA PALMA CITY CODE (2013 EDITION) AS THE CODE OF ORDINANCES FOR THE CITY OF LA PALMA WHEREAS, Government Code Sections through and provide for the codification, compilation, recodification, recompilation and publication of permanent and general ordinances of cities; and WHEREAS, the ordinances of the City of La Palma ( City ) were originally codified as the La Palma City Code on June 7, 1976 through the adoption of Ordinance No (the 1976 Code ); and WHEREAS, although the 1976 Code has been supplemented over the years with the passage of new ordinances, it has not been recompiled or recodified in its entirety since the original codification in 1976; and WHEREAS, the City now desires to revise, recodify, recompile and update the ordinances comprising the 1976 Code to modernize the La Palma City Code, render it consistent with current law and City practices, eliminate obsolete references and provide it in a more user-friendly format to aid City staff, residents and other individuals and entities that wish to use the La Palma City Code; and WHEREAS, the La Palma City Code has undergone a comprehensive review by City staff, the City Attorney and the Municipal Code Corporation, resulting in the restructuring and revision of various provisions throughout the Code s chapters; and WHEREAS, on November 19, 2013, the City Council conducted its first reading of, and introduced, this Ordinance, and directed the City Clerk to notice a public hearing on the Ordinance for December 4, 2013; and WHEREAS, a copy of the amended, updated and recompiled La Palma City Code (2013 Edition) has been on file in the office of the City Clerk at least 15 days preceding the date of the public hearing concerning this Ordinance, and remains there on file for public inspection; and WHEREAS, pursuant to Government Code section , the City Council conducted a duly noticed public hearing on December 4, 2013, and has considered the evidence and testimony submitted at that public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PALMA DOES HEREBY ORDAIN AS FOLLOWS:

8 SECTION 1: RECODIFICATION AND ADOPTION. Pursuant to the provisions of Government Code Sections through , and , there is hereby recodified and adopted the La Palma City Code" (2013 Edition) as revised, reformatted, indexed, codified, compiled, edited, updated and republished by Municipal Code Corporation, including Chapters 1 to 44, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted, modified or amended by the provisions of the La Palma City Code. SECTION 2: CONTINUATION OF EXISTING LAW. The recodification and adoption of the La Palma City Code is intended by the City Council to be a continuation of existing ordinances and nothing is intended to modify or enact any new taxes. To the extent the provisions of the 2013 Edition of the La Palma City Code are substantively the same as existing law, the provisions of the La Palma City Code (2013 edition) shall be considered a continuation of existing law and not new enactments. SECTION 3: REPEAL. Except as otherwise provided in this Ordinance or in the 2013 Edition of the La Palma City Code, all provisions of the 1976 Code are hereby repealed on the effective date of this Ordinance. SECTION 4: EFFECT OF RECODIFICATION AND REPEAL. The recodification and adoption of the La Palma City Code (2013 Edition) and the repeal of the 1976 Code as specified in this Ordinance shall not affect the following matters: a) Actions and proceedings that began before the effective date of this Ordinance. b) Civil, criminal and administrative proceedings concerning ordinance violations committed before the effective date of this Ordinance. c) The amount of or collection of license, fee, penalty debt, forfeiture or obligation due and unpaid as of the effective date of this Ordinance. d) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation. e) Matters of record that refer to or are connected with a provision of the 1976 Code as amended. Such references shall be construed to apply to the corresponding provisions of the La Palma City Code (2013 Edition). SECTION 5: PENALTIES. The penalties provided for by the La Palma City Code (2013 Edition) are set forth in Article XI, Division 2 and in accordance with California Government Code Section are hereby set forth in this Ordinance: Sec Misdemeanor penalty. DIVISION 2. GENERAL PENALTY Except in cases where a different punishment is specifically prescribed elsewhere in this Code, every misdemeanor offense shall be punishable Ordinance No Page 2

9 by imprisonment for a period not exceeding six months, or by fine not exceeding $1,000.00, or by both fine and imprisonment at the discretion of the court. (Code 1975, 3-5; Ord. No , 3) Sec Infraction penalty. (a) Except in cases where a different punishment is specifically prescribed elsewhere in this Code, every violation determined to be an infraction is punishable by: (1) A fine not exceeding $ for a first violation; (2) A fine not exceeding $ for a second violation of the same provision within one year; (3) A fine not exceeding $ for each additional violation of the same provision within one year. (b) Notwithstanding subsection (a) of this section, a violation of the local building and safety code determined to be an infraction is punishable by: (1) A fine not exceeding $ for a first violation; (2) A fine not exceeding $ for a second violation of the same provision within one year; (3) A fine not exceeding $1, for each additional violation of the same provision within one year. (Code 1975, 3-6; Ord. No , 3) Sec Continuing violation. Each day any violation or failure to perform an act shall continue shall constitute a separate offense, unless otherwise specifically provided. (Code 1975, 3-7; Ord. No , 3) SECTION 6: CODE SECTIONS. La Palma City Code sections cited on signage within the City shall, until updated if and as required, be deemed to be citations to the counterpart sections in the La Palma City Code (2013 Edition) for purposes of notice and enforcement. SECTION 7: CEQA. The City Council finds and determines that adoption of this Ordinance does not have any potential for causing a significant effect on the environment, and, therefore, does not constitute a project as that term is defined by the California Environmental Quality Act (CEQA), Public Resources Code Section Ordinance No Page 3

10 21000, et seq., and, thus, in accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, no environmental review is merited. SECTION 8: ADDITIONAL FINDINGS. The City Council finds and determines that the amendments to and recodification of the La Palma City Code proposed by this Ordinance are: a) Consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the general plan; b) Not detrimental to the public convenience, health, safety, or general welfare of the City; and c) Internally consistent. SECTION 9: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid. SECTION 10: PROCEDURAL COMPLIANCE. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 11: PUBLICATION. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken. The City Clerk shall keep not less than one certified copy of the La Palma City Code (2013 Edition) on file in the City Clerk s office for review and use by the public. APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 4th day of December Steve Hwangbo Mayor Ordinance No Page 4

11 ATTEST: Laurie A. Murray, CMC, City Clerk Ordinance No Page 5

12 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF LA PALMA ) I, LAURIE A. MURRAY, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of said City at a regular meeting of said City Council held on the day of 2013, and that it was so adopted by called vote as follows: AYES: NOES: Laurie A. Murray, City Clerk Ordinance No Page 6