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HomeMy WebLinkAbout5.2 Development of Municipal Code CITY OF •DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 8, 1986 SUBJECT Written Communication - Report -from Assistant City Attorney on Development of Municipal Code EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated November 21, 1986; Proposed Table of Contents for Dublin Municipal Code RECOMMENDATION qj/ Z) Receive presentation from Assistant City Attorney 2 ) Approve format of Proposed Table of Contents of Dublin Municipal Code FINANCIAL STATEMENT: Funds have been allocated in the 1986-87 annual budget for the development and publishing of a Municipal Code DESCRIPTION During the 1986 Goals & Objectives meeting, the City Council established the development of a Municipal Code as an objective which should be pursued during 1986 . A Municipal Code would incorporate nearly all of the City ' s ordinances into one volume which will make it easier for City Officials, as well as the public to use. A format for a proposed table of contents has been developed by the Assistant City Attorney for Council consideration. The contents of the table of contents is not as important as the format, because the Council may wish to add or -delete certain ordinances during the process of considering those ordinances, which would be included in the Municipal Code . The table of contents, as well as the entire code will have to be adopted after all the ordinances have been codified. Before the codification of ordinances can occur, the Council will need to consider a number of ordinances revising the County Code, which the City adopted by reference in 1982 ; as well as some of the City' s existing ordinances . ---------------------------------------------------------------------------- COPIES TO: ITEM NO. t•. *.-.t 4^f. r�^a.- -•y. .2'G �*FS", `y, `. �, -.' "' rrc, ,mrcY '7 ",7 •. Y+v�c r Y ,. ++�; ,., ,,,a s`�7 ,., '_. C.f N•fG. Ks e"'- ' _ . .NAVE & SILVER MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE: ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250 CIVIC CENTER COMPLEX P.O. BOX 208 835 E. 14TH STREET BURLINGAME. CALIFORNIA SAN LEANDRO.CALIFORNIA 94577 TELEPHONE:(615)577-3333 94011-0208 (415) 348-7130 REPLY TO MEMORANDUM TO: City Council November 21, 1986 FROM: Elizabeth Silver, Assistant City Attorney RE: Municipal Code In 1982 the City Council adopted the Alameda County 'Code in its entirety (Ordinance No. 01-82) . Thereafter the Council adopted only specified portions of the Alameda County Code (Ordinance No. 13-82) . In addition, the Council has adopted a number of other ordinances since 1982. In the Fall of 1985, Book Publishing Company prepared an analysis of the City' s ordinances in preparation for the codification of the ordinances in code form. Codification is the compilation of certain city ordinances in code form. It is not necessary to codify all city ordinances. It became apparent from Book Publishing Company' s analysis that many of the Alameda County Code provisions needed revision prior to codification for a variety of reasons (e.g. , change references to city officials, delete inapplicable provisions, revise to conform to current law) . In January of this year, I began a comprehensive review of the City' s ordinances, including those portions of the Alameda County Code which were adopted by the City by Ordinance No. 13-82 . I have worked with the City Manager and his staff in reviewing all Alameda County ordinances which have been adopted by the City to determine if they are (1 ) necessary, (2 ) up-to-date, (3 ) concise and (4) adapted to meet the needs of the City. I have prepared proposed ordinances for your adoption for those Alameda County ordinances which the City adopted in 1982 which it is necessary to continue. In addition, I have reviewed all ordinances which the City Council has adopted to determine whether they should be codified. Finally, I have prepared a suggested format for the City' s Municipal Code, a copy of which is attached. r Memorandum To City Council Re: Municipal Code November 21, 1986 Page 2 With your concurrence we will present several proposed ordinances to the Council at each of its next several meetings. The number of proposed ordinances scheduled for each meeting will vary, depending on the subject matter of the ordinances. When all of the revised ordinances have been considered by the Council the existing city ordinances and the newly-enacted ordinances will be compiled in municipal code form by Book Publishing Company. The Council can then adopt the Municipal Code in accordance with the procedures set forth in the Government Code for codification. Elizab th H. Silver EHS:cw Attachment PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE I . GENERAL CHAPTER 1 . GENERAL PROVISIONS (draft ordinance prepared) -1- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE II . ADMINISTRATIVE/PERSONNEL CHAPTER 1 . CITY MANAGER Dublin Ordinance No. 07-82 CHAPTER 2 . PLANNING Dublin Ordinance No. 05-82 Dublin Ordinance No. 11-82 Dublin Ordinance No. 23-82 Dublin Ordinance No. 12-84 CHAPTER 3 . PERSONNEL Dublin Ordinance No. 07-84 (rules adopted separately by resolution) CHAPTER 4. CONFLICT OF INTEREST CODE Dublin Ordinance No. 18-82 Dublin Ordinance No. 05-83 CHAPTER 5 . CAMPAIGN CONTRIBUTIONS AND EXPENDITURES Dublin Ordinance No. 01-84 Dublin Ordinance No. 03-84 CHAPTER 6 . PURCHASING Dublin Ordinance No. 16-83 CHAPTER 7 . DISASTER PREPAREDNESS Dublin Ordinance No. 02-85 -2- . PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE III . FINANCE/REVENUE CHAPTER 1 . UNIFORM SALES AND USE TAX Dublin Ordinance No. 08-82 Dublin Ordinance No. 18-83 CHAPTER 2 . DOCUMENTARY TRANSFER TAX Dublin Ordinance No. 03-82 Dublin Ordinance No. 17-82 CHAPTER 3 . GAS TAX STREET IMPROVEMENT FUND Dublin Ordinance No. 04-82 CHAPTER 4. TRANSIENT OCCUPANCY TAX Dublin Ordinance No. 16-84 CHAPTER 5 . FRANCHISES Dublin Ordinance No. 15-82 (PG&E electric) Dublin Ordinance No. 16-82 (PG&E gas ) Dublin Ordinance No. 30-85 (Cable TV) -3- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE IV. REGULATION OF BUSINESSES CHAPTER 1 . BUSINESS LICENSES (draft ordinance prepared) CHAPTER 2. ASTROLOGY (draft ordinance prepared) CHAPTER 3 . AUCTIONEERS/SECOND HAND DEALERS (draft ordinance prepared) CHAPTER 4. PEDDLERS (draft ordinance prepared) CHAPTER 5 . MASSAGE PARLORS (draft ordinance prepared) CHAPTER 6. NARCOTIC PARAPHERNALIA Dublin Ordinance No. 14-82 (and draft ordinance) CHAPTER 7 . KENNELS (draft ordinance prepared) CHAPTER 8. PRIVATE PATROLS (draft ordinance prepared) -4- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE V. PUBLIC WELFARE CHAPTER 1 . ANTI-LOITERING Dublin Ordinance No. 12-83 CHAPTER 2. CHARITABLE SOLICITATIONS (draft ordinance prepared) CHAPTER 3 . PARADES ARTICLE 1 (draft ordinance prepared) ARTICLE 2 SOUND AMPLIFICATION PERMITS (draft ordinance prepared) CHAPTER 4. ALARM SYSTEMS (draft ordinance prepared) CHAPTER 5 . FIREWORKS Dublin Ordinance No. 10-82 Dublin Ordinance No. 12-82 CHAPTER 6. NOISE Dublin Ordinance No. 04-84 CHAPTER 7 . UNCLAIMED PROPERTY (draft ordinance prepared) CHAPTER 8. SOLID WASTE MANAGEMENT Dublin Ordinance No. 02-86 (includes provisions re franchises) CHAPTER 9. ANIMAL CONTROL (draft ordinance prepared) -5- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE V. PUBLIC WELFARE CHAPTER 10. HOTEL REGISTRATION (draft ordinance prepared) CHAPTER 11 . BINGO, POKER, CRAPS ARTICLE 1 BINGO (draft ordinance prepared) ARTICLE 2 POKER, CRAPS (draft ordinance prepared) CHAPTER 12 . PUBLIC DANCES (draft ordinance prepared) CHAPTER 13. ABATEMENT OF WEEDS (County ordinance must be revised and adopted) CHAPTER 14. SMOKING POLLUTION CONTROL Dublin Ordinance No. 13-86 CHAPTER 15 . MISCELLANEOUS ARTICLE 1. NO SLEEPING IN VEHICLES/PARKS (draft ordinance prepared) ARTICLE 2 SWIMMING POOLS (Vic Taugher to rewrite) ARTICLE 3 WELLS (draft ordinance prepared) ARTICLE 4 FOOD ESTABLISHMENTS (draft ordinance prepared) ARTICLE 5 MECHANICAL OR ELECTRONIC GAMES (draft ordinance prepared) ARTICLE 6 FLY CONTROL (County ordinance to be retyped and adopted) ARTICLE 7 SOLICITATION AT ACCIDENT SITES (draft ordinance prepared) -6- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE V. PUBLIC WELFARE ARTICLE 8 EXPOSURE OF PORTIONS OF HUMAN BODY (draft ordinance prepared) ARTICLE 9 CORPUS DATA (draft ordinance prepared) ARTICLE 10 DANGEROUS WEAPONS (draft ordinance prepared) ARTICLE 11 FIREARMS (draft ordinance prepared) ARTICLE 12 DRINKING IN PUBLIC (draft ordinance prepared) ARTICLE 13 BANNERS/SIGNS ON PUBLIC PROPERTY (draft ordinance prepared) ARTICLE 14 CRUISING Dublin Ordinance No. 06-86 -7- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE VI . VEHICLES CHAPTER 1 TRAFFIC - draft ordinance prepared (includes bicycle registration) - include Ordinance 28-85 (no large truck parking) CHAPTER 2 TAXICABS (County ordinance to be retyped and readopted) CHAPTER 3 ABATEMENT OF ABANDONED VEHICLES (draft ordinance prepared) CHAPTER 4 OVERSIZED TRUCK OPERATIONS (to be revised) -8- PROPOSED TABLE OF CONTENTS ..". DUBLIN MUNICIPAL `CODE TITLE VII. PUBLIC WORKS CHAPTER 1 ENCROACHMENTS (County ordinance to be retyped with revisions and adopted) CHAPTER 2 NUMBERING SYSTEM (Vic Taugher to prepare) Dublin Ordinance 04-83 CHAPTER 3 UNDERGROUNDING OF UTILITIES (County ordinance to be retyped with revisions and adopted) CHAPTER 4 GRADING Dublin Ordinance No. 02-84 CHAPTER 5 WATERCOURSE PROTECTION (County ordinance to be retyped and readopted) Dublin Ordinance No. 19-82 CHAPTER 6 FLOOD CONTROL (adopt County ordinance by reference) CHAPTER 7 BUILDING REGULATIONS Dublin Ordinance No. 02-84 Dublin Ordinance No. 12-85 ' Dublin Ordinance No. 13-85 Dublin Ordinance No. 32-85 -9- PROPOSED TABLE OF CONTENTS DUBLIN MUNICIPAL CODE TITLE VIII . ZONING CHAPTER 1 ZONING - County ordinance to be retyped as amended by Ordinance Numbers 23-82, 05-84, 09-84, 12-84, 17-84, 18-84 and 07-86 - draft development agreement ordinance prepared CHAPTER 2 MINING AND RECLAMATION (County ordinance to be retyped) CHAPTER 3 SUBDIVISIONS (County ordinance to be revised), Dublin Ordinance 19-83 -10-