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October 24, 2023
Item No. SS2
MUNICIPAL CODE & COUNCIL POLICY
UPDATE
Study Session — October 24, 2023
BACKGROUND
September 13, 2022, Council Meeting
Resolution No. 2022-58: Created Ad Hoc Committee, comprised of Mayor Blom, Mayor Pro Tern O'Neill, and former Mayor Muldoon, to review Municipal Code and Council Policies.
Boards and Commissions: Directed Boards and Commissions to also review Municipal Code and Council Policies.
Primary Purpose: Reduce, update and consolidate language.
April 11, 2023, Council Meeting
Ad Hoc Committee: Appointed Councilmember Kleiman to take former Mayor Muldoon's place, and extended term.
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OVERVIEW
• Municipal Code
• Standardize provisions
Protect the City from liability
• Eliminate unnecessary and
outdated language
Modify provisions to
address existing conditions
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• Council Policies
• Consolidate provisions
• Eliminate conflicting
provisions
• Align Council Policies with
City Department practices
• Update provisions to reflect
current circumstances
3 STANDARDIZE PROVISIONS
Definitions
Consolidated defined terms
State/Federal Law
Added general provision to
incorporate changes to
state/federal law over time
Designees
Provided authority for
designees to act on behalf
of official and employee
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Citations
Standardized citations
CPI Adjustments
Standardized process for
Consumer Price Index
adjustments
Service of Process
Standardized process for
service of notices
PROTECT THE CITY FROM LIABILITY
Judicial Review of Decisions
Set forth process for judicial review so that City staff and the public know applicable process and deadlines
Insurance / Indemnification Requirements
Risk manager to set amounts and types of insurance
Broadened indemnification provisions
Authority of Public Officers
Required list of designees be kept on file with the city clerk
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ELIMINATE UNNECESSARY LANGUAGE
Severability Provisions
Eliminated over 20 separate
provisions
Delivery of Alcohol
• Eliminated restriction on
home deliveries
• Penalty Provisions Parking Meters
• Eliminated over 20 separate • Eliminated language about provisions meters at City Hall
Department Directors
• Eliminated multiple titles for
same position
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• Library Fund
• Eliminated provisions for
Library Fund (no longer
exists)
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UPDATE PROVISIONS
• Emergency Services
• Update definitions and
provisions
Ambulance
Updated to clarify regulations
for emergency and non -
emergency providers
• Taxicabs
Updated to reflect rideshares
and shift to local regulation
Smoking
Updated to reflect changes
in state law
Use of Horses and Dogs
Updated to reflect additional
service animals and provide
exception for police use
• Vehicle Regulation
• Updated to allow traffic
engineer to comply with
current standards
BOARDS AND COMMISSION RECOMMENDATIONS —
MUNICIPAL CODE
Report of Residential Building Records
Make the process voluntary to reduce costs and expedite real estate transactions
Will likely result in a reduction of revenue of around
$150,000
Take Out Service — Fast and Casual
Minor Use Permit requirement changed from 500 feet to
100 feet of any residential zoning district
BOARDS AND COMMISSION RECOMMENDATIONS —
MUNICIPAL CODE
Bluff Overlay District
Reference Title 21 for bluffs within Coastal Zone
Conversion or Demolition of Affordable Housing
Eliminate Chapters 20.34 and 21.34 because these
regulations are not applicable to the City
Parkway Trees
Clarify irrigation requirements for planting parkway trees
BOARDS AND COMMISSION RECOMMENDATIONS —
COUNCIL POLICIES
B-3 — Co -Sponsored Events
Eliminated co-sponsorship of events
captured in Council PolicyA-12
B-6 — Newport Theater Arts Center
section because it is
Eliminated language regarding waiver of fees because it is captured in Council Policy A-12
B-8 — Bike, Foot Race and Surf Contest Event Policy
Aligned local school surf league competition requirements with department policy
BOARDS AND COMMISSION RECOMMENDATIONS -
COUNCIL POLICIES
B-17 — Parks, Facilities, and Recreation Program Donations Removed Santa Monica -style bench donation options; and realigned policy with the Donation Catalogue
• G-1 — Retention, Removal, and Maintenance of City Trees • Updated the list of dedicated trees
G-6 — Maintenance and Planting of Parkway Trees
Added requirement for irrigation of new parkway trees
L-6 — Encroachments in the Public Rights -of -Way
Added requirements related to artificial turf in parkways
QUESTIONS?