FOR THE COUNCIL MEETING OF APRIL 2, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Attorney
BY: Senior Assistant City Attorney Jeffrey Patrick
SUBJECT: Technical Amendments – April 2024
Description:
The City Council will introduce the first reading, and continue to a future meeting for the second reading and adoption of the 2024 Technical Amendments of the City of Santa Maria Municipal Code.
Environmental Notice: The activity is not a “Project” as defined under Sectio n 15378(b) of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Introduce an Ordinance for the first reading and continue to a future meeting for the second reading and adoption amendments of various sections of the City Santa Maria Municipal Code relating to general requirements of business taxes, licenses , and regulations, application for public services, water service, wastewater collection, treatment, and disposal, refuse collection and recycling, cross connections, stormwater runoff pollution prevention, boards, commissions and committees, park rules, re sidential development tax, subdivision improvements, and personnel.
BACKGROUND:
Each year, the City Attorney’s Office gathers proposed technical amendments to the Santa Maria Municipal Code (SMMC) from the City’s departments and prepares an Ordinance incorporating those changes into the SMMC.
The proposed updates include technical amendments, updates to conform to current law, and changes to address operational efficiencies. The City Attorney’s Office recommends continuing this good housekeeping pract ice, which is also followed by the State Legislature, as well as many other California cities.
DISCUSSION:
The technical amendment Ordinance includes the following changes:
2 SECTION 1
Section 1 of the Ordinance amends Section 4 -1.35 of Chapter 4 -1 the Sa nta Maria Municipal Code concerning General Requirements of Business Taxes, Licenses and Regulations. This amendment allows the Director of Finance to issue refunds when appropriate and eliminates the requirement that the refund request be brought to City Council. It allows for more expedient processing of appropriate refunds. This amendment was requested by the Finance Department.
SECTION 2
Section 2 of the Ordinance amends Section 8 -1.07 of Chapter 8 -1 the Santa Maria Municipal Code concerning Applicatio n for Public Services . This amendment allows appeals of decisions of the Director of Utilities to be brought to the City Manager for final determination rather than to the City Council. This amendment aligns appeal procedures with other parts of the SMMC and was requested by the Utilities Department.
SECTION 3
Section 3 of the Ordinance amends Section 8-10.34 of Chapter 8-10 of the Santa Maria Municipal Code concerning Water Service . This amendment clarifies that the rate increase provisions of Section 8-10.34 apply to all rates in Chapter 8 -10 and was requested by the Utilities Department.
SECTION 4
Section 4 of the Ordinance repeals Section 8-10.35 of Chapter 8 -10 of the Santa Maria Municipal Code concerning Water Service . Section 8 -10.35 is no longer utilized to increase rates and is being repealed. This repeal is requested by the Utilities Department.
SECTION 5
Section 5 of the Ordinance amends Section 8-12.1005 of Chapter 8-12 of the Santa Maria Municipal Code concerning Wastewater Collection, Trea tment and Disposa l. This amendment clarifies the user types deemed Class I Users for purposes of Wastewater Collection, Treatment and Disposal user classification charges and aligns them with Council adopted rates and classes. The amendment was requested b y the Utilities Department.
SECTION 6
Section 6 of the Ordinance amends Section 8-11.10 of Chapter 8-11 of the Santa Maria Municipal Code concerning Refuse Collection and Recycling . This amendment updates the section to include organics collection and was requested by the Utilities Department.
SECTION 7
Section 7 of the Ordinance amends Section 8-11.14 of Chapter 8-11 of the Santa Maria Municipal Code concerning Refuse Collection and Recycling . This amendment updates the section to include organics collection and was requested by the Utilities Department.
SECTION 8
3 Section 8 of the Ordinance amends Section 8-11.16 of Chapter 8-11 of the Santa Maria Municipal Code concerning Refuse Collection and Recycling . This amendment updates the section to include organics collection and was requested by the Utilities Department.
SECTION 9
Section 9 of the Ordinance amends Sections 8-10A.03 and 8-10A.05 of Chapter 8 -10A of the Santa Maria Municipal Code Water concerning Cross Connections . These amendment updates the references to the Manual of Cross Connection Control from the Ninth to the Tenth Edition. This request was made by the Utilities Department.
SECTION 10
Section 10 of the Ordinance amends Section 8-10A.06 of Chapter 8 -10A of the Santa Maria Municipal Code c oncerning Cross Connections . This amendment updates the testing requirements in the SMMC to match the City’s permit requirements. This amendment was requested by the Utilities Department.
SECTION 11
Section 11 of the Ordinance amends Section 8-10A.08 of Chapter 8-10A of the Santa Maria Municipal Code concerning Cross Connections . This amendment updates the testing requirements in the SMMC to match the City’s permit requirements. This amendment was requested by the Utilities Department.
SECTION 12
Section 12 of the Ordinance amends Section 8-12.413 of Chapter 8-12 of the Santa Maria Municipal Code concerning Storm Water Runoff Pollution Prevention . This amendment clarifies that individual traps are required for each user required to have a Wastewater Discharge Permit. This amendment was requested by the Utilities Department.
SECTION 13
Section 13 of the Ordinance amends Section 2-16.01 of Chapter 2-16 of the Santa Maria Municipal Code concerning Boards, Commissions and Committees . The amendment extends the deemed resignation provision too all boards, commissions , and committees within the City whereas the provision was previously only applicable to the named boards and commissions. This request was made by the City Manager.
SECTION 14
Section 14 of the Ordinance amends Section 10-2.05 of Chapter 10-2 of the Santa Maria Municipal Code concerning Park Rules . This amendment allows the use of sound amplifying systems in City Parks when approved by permit authorized by the Director of Recreation and P arks. Currently, sound amplifying systems are banned without the approval of the Recreation and Parks Commission. This amendment will simplify the process for users to utilize sound amplifying systems in City parks.
This amendment clarifies that musical instruments and vehicle stereos are included in the definition of sound amplifying system.
4 This amendment also removes the provision that indicates a violation is a misdemeanor as all violations of the SMMC are misdemeanors pursuant to Section 1 -6.01 unle ss deemed an infraction.
A similar amendment was requested last year but was not approved. The unauthorized use of sound amplifying systems in City parks continues to be an issue and the Recreation and Parks Department asks that the Council reconsider this amendment.
Alternative(s)
The City Council may decline to adopt the Ordinance. Gaps and technical problems would remain in the Municipal Code.
Fiscal Considerations
When the Municipal Code contains gaps or technical defects, staff must spend considerable, unproductive time determining ways to reach the goals of the Municipal Code and the City to overcome the defects.
Impact to the Community
A consistent, complete, and well-written Municipal Code is a user -friendly document for community residents, visitors, and City staff.
ATTACHMENTS
Attachment A - 2024 Technical Amendment Ordinance (redline)