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HomeMy WebLinkAboutOrdinance - 2374 - Amend Title 2.0 r e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2374 The following is a summary report of the City of Redding's Ordinance No. 2374, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing, adding or amending various sections as noted below. The proposed Ordinance was introduced and read by the Redding City Council on October 3,2006, and will be considered for adoption at its next regular meeting. Background: The proposed Ordinance creates a new chapter in the Redding ~unicipal Code (Chapter 2.42) and is based upon the ordinances of several other California cities which operate libraries. The new provisions within Chapter 2.42 will accomplish the following: I) Establish the library; 2) Provide that the City Council will serve as the Library Board of Trustees; 3) Establish the Library Advisory Committee, consistent with the agreement between the City and the County; and 4) Provide some regulations to enable the City to operate the library in a safe and responsible manner. In addition to creating the Redding Municipal Library, the balance of the Ordinance contains "housekeeping amendments" intended to conform the Municipal Code to the recent organizational restructuring instituted by the City Manager. Where authority was previously vested with the "Public Works Director" or the "Public Works Department," changes have been made to bring those functions under, and/or to make appropriate reference to, the Development Services Director, the Director of Engineering and Transportation, or the Director of Municipal Utilities. Changes have also been made to update Chapter 2.04 of the Redding Municipal Code, which addresses the operating procedures of the City Council. e e ORDINANCE NO. 2374 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.04 (CITY COUNCIL) OF THE REDDING MUNICIPAL CODE BY AMENDING SECTION 2.04.020 (MEETINGS-TIME AND PLACE), SECTION 2.04.030 (MEETINGS ORGANIZATIONAL), SECTION 2.04.040 (PRESIDING OFFICER), SECTION 2.04.080 (MEETINGS-QUORUM), SECTION 2.04.120 (MEETINGS-ORDER OF BUSINESS), SECTION 2.04.150 (MEETINGS-PERSONS WISHING TO ADDRESS COUNCIL), SECTION 2.04.170 (MEETINGS~ADDRESSING COUNCIL-PROCEDURE) SECTION 2.04.230 (CITY COUNCIL LIAISONS) AND DELETING SECTIONS 2.04.210 (MEETINGS-PERSONS AUTHORIZED IN FRONT OF RAIL) AND SECTION 2.04.260 (APPEAL TO COUNCIL BY AGGRIEVED PERSONS) AND AMENDING CHAPTER 2.12 (CITY ATTORNEY) BY AMENDING SECTION 2.12.020 (DUTIES) AND AMENDING AND RENAMING CHAPTER 2.40 (DEPARTMENT OF PUBLIC WORKS) AND AMENDING SECTION 2.40.010 (ESTABLISHED-DIVISIONS ENUMERATED), SECTION 2.40.020 (DIRECTOR-APPOINTMENT), SECTION 2.40.030 (DIRECTOR-DUTIES), SECTION 2.40.040 (COMBINED DUTIES) AND ADDING CHAPTER 2.42 (REDDING MUNICIPAL LIBRARY) AND SECTIONS 2.42.010 THROUGH 2.42.120 AND AMENDING CHAPTER 2.52 (PLANNING COMMISSION) BY AMENDING SECTION 2.52.030 AND AMENDING TITLE 10 (PUBLIC PEACE, MORALS AND WELFARE) BY AMENDING CHAPTER 10.38 (OBSTRUCTING WATER CHANNELS-PERMITS) BY AMENDING SECTION 10.38.010 (PROHIBITED) AND TITLE 11 (VEHICLES AND TRAFFIC) BY AMENDING CHAPTER 11.44 (SPECIAL EVENTS) BY AMENDING SECTION 11.44.070 (VEHICULAR TRAFFIC AND PARKING CLOSURES) AND TITLE 13 (STREETS AND SIDEWALKS) BY AMENDING CHAPTER 13.16 (CONSTRUCTION) BY AMENDING SECTION 13.16.060 (GENERAL REGULATIONS AND SPECIFICATIONS) AND CHAPTER 13.24 (OBSTRUCTION OF STREETS AND SIDEWALKS) BY AMENDING SECTION 13.24.010 (PROHIBITED-EXCEPTION) AND SECTION 13.24.015 (INSTALLATION AND MAINTENANCE OF PUBLIC TELEPHONES ON PUBLIC SIDEWALKS, WAYS AND PLACES IN THE CITY) AND CHAPTER 13.25 (SIDEWALK DINING ON PUBLIC SIDEWALKS) BY AMENDING SECTION 13.25.100 (SIDEWALK DINING PERMIT STANDARDS) AND CHAPTER 13.40 (TREES AND SHRUBS) 1 e e BY AMENDING SECTION 13.40.120 (COORDINATION OF CITY DEPARTMENTS) AND TITLE 14 (UTILITIES) BY AMENDING CHAPTER 14.08 (WATER) BY AMENDING SECTION 14.08.050 (SERVICE OUTSIDE CITY) AND SECTION 14.08.200 (FIRE HYDRANTS-MOVING) AND CHAPTER 14.09 (DROUGHT MANAGEMENT PLAN) SECTION 14.09.030 (STAGE II -MANDATORY TWENTY- FIVE PERCENT REDUCTION) AND SECTION 14.09.040 (STAGE III-MANDA TORY THIRTY FIVE PERCENT REDUCTIONS) AND SECTION 14.09.050 (ST AGE IV-MANDATORY FIFTY PERCENT REDUCTION) AND SECTION 14.09.060 (SPECIAL CONDITIONS) AND SECTION 14.09.070 (EXCEPTIONS, VARIANCES AND APPEALS) AND CHAPTER 14.16 (SEWERS) BY AMENDING SECTION 14.16.020 (DEFINITIONS) AND SECTION 14.16.240 (SEWER SERVICE CHARGES) AND SECTION 14.16.330 (PERMIT FOR SEWER CONNECTION) AND SECTION 14.16.545 (PROHIBITED RESTAURANT W ASTEW A TER DISCHARGES) AND SECTION 14.Jl6.600 (NOTIFICATION OF VIOLATION) AND SECTION 14.16.660 (EMERGENCY SUSPENSIONS) AND AMENDING CHAPTER 14.18 (STORM DRAINAGE UTILITY) BY AMENDING SECTION 14.18.020 (DEFINITIONS) AND SECTION 14.18.050 (RULES AND REGULATIONS) AND 14.18.170 (NATIONAL FLOOD INSURANCE PROGRAM) AND SECTION 14.18.200 (ENCROACHMENT PERMITS AND PLAN REVIEW) AND AMENDING TITLE 16 (BUILDINGS AND CONSTRUCTION) BY AMENDING CHAPTER 16.20 (DEVELOPMENT IMPACT FEES) SECTION 16.20.020 (DEFINITIONS) AND AMENDING TITLE 17 (SUBDIVISIONS) BY AMENDING CHAPTER 17.08 (DEFINITIONS) SECTION 17.08.060 AND CHAPTER 17.14 (PROPERTY LINE ADJUSTMENTS) SECTION 17.14.050 (RECORDATION) AND AMENDING CHAPTER 17.33 (STREET STANDARDS) SECTION 17.33.080 (SIDEWALKS) AND CHAPTER 17.36 (IMPROVEMENT PLANS) SECTION 17.36.020 (COMPLIANCE WITH SPECIFICATIONS) AND CHAPTER 17.38 (IMPROVEMENT REQUIREMENTS) SECTION 17.38.180 (CONSOLIDATED POSTAL SERVICE) AND AMENDING TITLE 18 (ZONING) BY AMENDING CHAPTER 18.10 (ADMINISTRATION) SECTION 18.10.040 (BOARD OF ADMINISTRATIVE REVIEW) AND CHAPTER 18.41 (OFF STREET PARKING AND LOADING) SECTION 18.41.140 (CURB CUTS) AND CHAPTER 18.42 (SIGNS) SECTION 18.42.110 (ABATEMENT AND REMOVAL OF ILLEGAL SIGNS) AND CHAPTER 18.51 ("FP" FLOODPLAIN OVERLAY DISTRICT) SECTION 18.51.030 (GENERAL PROVISIONS) 2 e e THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 2 (Administration and Personnel), Chapter 2.04 (City Council) , Sections 2.04.020 (Meetings- Time and Place), 2.04.030 (Meetings Organizational), 2.04.040 (Presiding Officer), 2.04.080 (Meetings-Quorum), 2.04.120 (Meetings-Order of Business), 2.04.150 (Meetings- Persons Wishing to Address Council), 2.04.170 (Meetings-Addressing Council-Procedure) 2.04.230 (City Council Liaisons) are hereby amended to read as follows: 2.04.020 Meetings-- Time and place. A. The city council shall hold regular meetings on the first and third Tuesdays of each month in the Council Chambers located at 777 Cypress Avenue, commencing at the hour of seven p.m. B. [No change] 2.04.030 Meetings--Organizational. The city council shall choose one of its own number as mayor and one of its own number as vice mayor. 2.04.040 Presiding officer. The mayor shall preside at the meetings ofthe council. Ifhe or she is absent or unable to act, the vice mayor shall serve until the mayor returns or is able to act. During such time, the vice mayor has all of the powers and duties of the mayor. 2.04.080 Meetings--Quorum-- Vote Requirement. A. A majority of the council constitutes a quorum for the transaction of business. Less than a majority may adjourn from time to time and may compel the attendance of absent members by subpoena. If all council members are absent from any regular meeting, the city clerk shall declare the meeting adjourned to a stated day and hour. The city clerk shall cause a written notice of adjournment to be delivered personally to each council member at least three hours before the adjourned meeting. B. Unless a higher vote is required by provisions of state law, the affirmative votes of at least three members ofthe city council shall be required in order for the city council to take action on an item of business or the adoption of any ordinance or resolution, or for the making or approving of any order for the payment of money. 2.04.120 Meetings--Order of business. Promptly at the hour set by law on the day of the regular meeting, the members of the city council, the city clerk, the city attorney and the city manager shall take their regular stations in the council chambers, and the business of the council shall be taken up for consideration and disposition in the following order, except as may be otherwise ordered by the mayor or council: A. Pledge of allegiance to the flag; 3 . e B. Invocation; C. Roll call; D. Introduction of city council meeting participants; E. Proclamations, Awards, Commendations and Special Presentations; F. Non-Agenda Public Comment; G. Consent calendar, including approval of minutes of previous meeting, payroll, warrant register, action on claims, transfers of funds, and other items as deemed appropriate; H. Written communications; I. Public hearings, petitions and protests; J. Reports & Communications of Departments, Boards, Commissions and Committees; K. Appointments and action on pending federal, state, or county legislation; L. Reports and communications of officers, boards and committees; M. AB1234 Reimbursement Report; N. Adjournment. 2.04.150 Meetings--Persons wishing to address council. Any person desiring to address the council shall first secure the permission of the presiding officer to do so; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified person may address the council without securing such prior permISSIOn: A. Written Communications. Under the heading of "written communications" interested parties or their authorized representatives may address the council in regard to matters or communications submitted in writing in advance of the meeting and placed on the agenda for discussion. B. Non-Agenda Public Comment. Under the heading of "Non-Agenda Public Comment," members of the public may address the council on any matter concerning the city's business, or any matter over which the council has control which is not scheduled for consideration on the Agenda. C. Public Comment. In accordance with the Brown Act, members of the public shall be entitled to address the council regarding specific items on the agenda prior to or during consideration of the item. 2.04.170 Meetings--Addressing council--Procedure. Each person addressing the council shall step up to the microphone, give his or her name in an audible tone of voice for the record. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked a council member, except through the presiding officer. 2.04.230 City council liaisons. The mayor shall appoint, as the council's liaison, one council member to each city departments and commission, and to such county and city agencies as the mayor may, in the mayor's discretion, determine. 4 - e Section 2. Title 2 (Administration and Personnel), Chapter 2.04 (City Council) , Sections 2.04.0210 ((Meetings- Persons Authorized in Front of Rail) and 2.04.260 (Appeal to Council by Aggrieved Persons are hereby repealed. Section 3. Title 2 (Administration and Personnel), Chapter 2.12 (City Attorney), Section 2.12.020 (Duties) is hereby amended to read as follows: 2.12.020 Duties. It is the duty of the city attorney to advise the officers and authorities of the city in all legal matters appertaining to the business of the city; to prosecute in all cases of violation of this code or other ordinances or noncompliance therewith, and to represent the city in suits in which it may be a party, or may be in anyway interested, and to perform such other or additional duties as may be hereinafter provided by law. The city attorney shall have the power to employ, discipline, or remove any subordinate attorneys classified as Administrative Employees of the city. Section 4. Title 2 (Administration and Personnel), Chapter 2.40 (Department of Public Works) is hereby amended to change the name of the Chapter and to amend sections 2.40.010, 2.40.020, 2.40.030 and section 2.04.040 of said Chapter to read as follows: DEPARTMENT OF TRANSPORTATION AND ENGINEERING 2.40.010 Established--Divisions enumerated. A department of Transportation and Engineering is established, which shall consist ofthe following: A. Engineering division, which shall be responsible for providing engineering design and construction services required for city projects and other departments of the city; B. Streets division, which shall be responsible for the construction, operation and maintenance of all streets and alleys of the city; C. Traffic Operations division, which shall be responsible for the authorization and placement of traffic control devices within the city, under the direction of the city engineer; D. Airports division, which shall be responsible for the operations and management of the city's municipal airports. 2.40.020 Director--Appointment. The transportation and engineering department shall be directed and supervised by a director of transportation/engineering, appointed by and holding office at the pleasure of the city manager, at a salary designated by the city council. 2.40.030 Director--Duties. The transportation and engineering director shall be responsible for such other duties as are designated by the city manager. 5 e -- 2.40.040 Combined duties. A. [No change] B. In the absence of a different designation by the city manager, with the approval ofthe city council, the director of transportation and engineering shall hold the office of city engineer and the office of superintendent of streets. Section 5. Title 2 (Administration and Personnel) is hereby amended by adding Chapter 2.42 (Redding Municipal Library) and adding sections 2.42.010, 2.42.020, 2.42.030 2.42.040, 2.42.050, 2.42.060, 2.42.070, 2.42.080, 2.42.090, 2.42.100, 2.42.110 and 2.42.120 of said Chapter to read as follows: Chapter 2.42 REDDING MUNICIPAL LIBRARY 2.42.010 Established. Under the provisions of State Government Code 39732 and State Education Code 18900 et seq., there is established in and for the citizens and residents of the City and public at large a free public library, named the "Redding Municipal Library." 2.42.020 Board of Trustees-Established. There is established a library Board of Trustees for the Redding Municipal Library which shall consist of the five members of the City Council. 2.42.030 Board of Trustees-Appointment- Terms. The term of office for the Trustees shall be three years. The terms of the trustees shall automatically renew for the period each member remains on the City Council and shall terminate when he or she is no longer serving on the City Council. 2.42.040 Board of Trustees-Powers-Duties. The Board of Trustees shall have all the powers and be subject to all ofthe duties set forth and contained in the California Education Code 18900 et seq. 2.42.050 Board of Trustees-Organization. The Board of Trustees shall meet at least once a month at such times and places as it may fix by resolution, shall appoint a President annually, shall select a Vice President to preside in the absence of the President, shall cause a proper record of its proceedings to be kept, and may adopt all necessary rules, regulations, and policies for the administration, government, and protection of the Redding Municipal Library. 6 e e 2.42.060 Board of Trustees-Compensation. Pursuant to State Education Code 18911, each Trustee shall be compensated $50 per month. 2.42.070 Library Fund-Established. A fund is established, which shall be designated as the Redding Municipal Library Fund, and all money and revenue received by the Treasurer's office for the support of the Redding Municipal Library shall be credited to the Redding Municipal Library Fund and shall be drawn therefrom only as by law and the ordinances of the City provide, but shall only be applied in the operation and maintenance of the library. 2.42.080 Citizens Advisory Committee-Established. There is created the Shasta Public Library Citizens Advisory Committee. The purpose of the committee shall be to advise the Board of Trustees on matters related to operation of the Redding Municipal Library. 2.42.090 Citizens Advisory Committee-Appointment- Terms. A. The Citizens Advisory Committee shall consist of five members, serving without compensation, who are appointed in the following manner: two members shall be appointed by the Mayor with the approval of the Redding City Council; two members shall be appointed by the Shasta County Board of Supervisors; and one member shall be appointed by the Shasta Library Foundation, or its successor organization. B. Committee members shall serve staggered four-year terms. For the initial term, members shall draw lots with three members serving a two-year term and two members a four-year term. Committee members will be limited to two consecutive full four-year terms. C. In the event a committee vacancy occurs prior to the expiration of its term, the original appointing entity shall make an appointment to fulfill the unexpired term. 2.42.100 Citizens Advisory Committee-Powers-Duties. A. The committee shall carry out the directives of the Board of Trustees and act in an advisory capacity to the Board of Trustees in all matters pertaining to the administration, operation, development, improvement, and maintenance of the Redding Municipal Library. B. In addition to the foregoing general power and duty, the committee shall have the following particular powers and duties: 1. Determine and report to the Board of Trustees the community's needs in respect to library services; 2. Study and recommend to the Board of Trustees on matters relating to current and future library services, including methods of financing; 7 e e 3. Submit to the Board of Trustees such recommendations as may seem desirable for the present and future operations of library facilities; 4. Assist the Board of Trustees in ascertaining community attitudes and issues and in invoking public awareness and involvement in library services; 5. Make recommendations to the Board of Trustees regarding the development of library policies, services, programs, activities, and facilities; 6. At least once each year, report committee activities to the Board of Trustees and make information available to other committees and officials ofthe City and County as required or desirable; 7. Review annually, budgets and financial statements relating to library services and make recommendations thereon; 8. Serve as the liaison between the Board of Trustees and the various volunteer library support groups; 9. Perform other related duties as directed, from time to time, by the Board of Trustees. 2.42.110. Citizens Advisory Committee-Meetings. The committee shall hold regular meetings monthly at a time, date, and place to be determined by the committee. All meetings of the committee shall be open to the public. Three members of the committee shall constitute a quorum for the conduct of business, and the affirmative votes of three members shall be necessary for any action to be taken. The committee shall adopt rules for the transaction of its business. .The committee shall keep a public record of its action. Promptly after approval thereofby the committee, the original minutes of committee shall be filed in the Office of the Redding City Clerk. 2.42.120. Library Regulations. A. It is unlawful for any person to engage in any of the following activities within or upon the premises ofthe Redding Municipal Library: 1. Engage in annoying behavior such as loud talking, shouting, fighting, horseplay, or intentionally interfering with the legitimate use of the library by others or the duties of the library staff; 2. Use library facilities for the purpose of sleeping, bathing, shaving, or washing clothes or similar activities; 3. Operate radios, televisions, tape or disc players, or similar sound-producing devices which can be heard by others; 8 e e 4. Eating, drinking, or using chewing tobacco in any public area of the library, except in areas expressly authorized by the library director; 5. Seeking or obtaining signatures on any petition, conducting surveys or investigations, distributing printed materials, or soliciting within any enclosed areas, or outside of enclosed areas on the premises except in accordance with reasonable time place and manner restrictions imposed by the library director; 6. Bicycling, skateboarding, skating (including rollerblading), or similar activity within the library or on library property; 7. Removing, relocating, or repositioning library equipment or facilities such as tables, bookshelves, book stands, or other permanently placed equipment or facilities without permission of library staff; 8. Remaining in the library after closing. B. It shall be unlawful any person to fail to obey a directive from library personnel to cease and desist from violation of any regulation, statute, or ordinance applicable to the use of the library. Section 6. Title 2 (Administration and Personnel), Chapter 2.52 (Planning Commission) section 2.52.030 is hereby amended to read as follows: 2.52.030 Members--Advisory. The director of development services, the director of transportation and engineering and the city attorney shall be advisory members of the planning commission. They shall have no vote, and they shall not be considered members for purposes of constituting a quorum. Their terms of office as advisory members shall correspond in tenure to their official tenure as officials ofthe city. Advisory members may designate an appropriate deputy from their staffs to attend meetings of the planning commission in their place and stead on such occasions as their other duties may prevent them from sitting in attendance at a particular planning commission meeting. Section 7. Title 10 (Public Peace, Morals and Welfare), Chapter 10.38 (Obstructing Water Channels -Permits) section 10.38.010 is hereby amended to read as follows: 10.38.010 Prohibited. A. No person shall in any manner fill or obstruct any natural water channel, including natural storm water channels within the boundaries of the city without first applying for and obtaining a written permit for that purpose from the director of transportation and engineering. All construction of bridges, conduits, box culverts, or other storm drainage improvements across, along or in a natural water channel shall be constructed and installed in accordance with standards and specifications established by the city council by resolution, copies of which shall be on file in the office of the director of transportation and engineering and the office of the building official, to which reference should be made for particulars. 9 e e B. [No change] C. The director oftransportation and engineering shall condition all permits issued pursuant to this section in accordance with the standards and specifications applicable to the fill or obstruction proposed to be constructed. A copy of this section shall be attached to all permits issued pursuant to this section. Section 8. Title 11 (Vehicles and Traffic), Chapter 11.44 (Special Events) section 11.44.070 is hereby amended to read as follows: 11.44.070 Vehicular traffic and parking closures. A. The director of transportation and engineering or his or her designee, in cooperation with the chief of police or his or her designee, may temporarily prevent vehicular and/or pedestrian traffic and/or parking on any street for a special event when, in the opinion of the director of transportation and engineering or his or her designee, the prevention of vehicular and/or pedestrian traffic and/or parking is necessary for the safety and protection of persons who are to use that portion of the street( s) during the special event. B. If the director of transportation and engineering or his or her designee determines that street closure is necessary, then upon compliance by the applicant ofthe terms and conditions of the special event permit and any permit issued by the California Department of Transportation, the director of transportation and engineering or his or her designee, in cooperation with the chief of police or his or her designee, shall temporarily prevent vehicular and/or pedestrian traffic and/or parking on all streets impacted by the permitted special event for such length of time as is deemed necessary for the safety and protection of persons who are to use that portion of the street(s) during the special event. C. If the director of transportation and engineering or his or her designee determines that street closure is necessary, then at least five business days prior to the special event the director of transportation and engineering or his or her designee shall provide notice of the closure to owners and/or tenants of property located on the street that is to be closed. The director of transportation and engineering or his or her designee shall, in his or her discretion, determine the appropriate form of the notice required to be given under this section. The director of transportation and engineering or his or her designee may require, as a condition of the special event permit, that the organizer of the special event provide the notice required to be given under this section. Section 9. Title 13 (Streets and Sidewalks), Chapter 13.16 (Construction) section 13.16.060 is hereby amended to read as follows: 13.16.060 General regulations and specifications. A. [No change] B. Copies of general regulations, standards and specifications, so established shall be maintained on file in the office of the director of transportation and engineering and shall be furnished upon request therefor. All permits issued pursuant to this chapter shall have attached thereto a copy of this chapter so as to inform the permittee of all the requirements contained in this chapter. 10 e e C. [No change] Section 10. Title 13 (Streets and Sidewalks), Chapter 13.24 (Obstruction of Streets and Sidewalks) sections13.24.01O and 13.24.015 are hereby amended to read as follows: 13.24.010 Prohibited--Exception. A. [No change] B. The provisions of this section shall not apply to: 1. The temporary obstruction of streets or alleys while buildings are being moved from one place to another. 2. Temporary obstructions for which encroachment permits have first been obtained from the director of transportation and engineering. 3. Potted shrubs or plants, clocks, drinking fountains and public telephones placed or maintained upon a public parkway or sidewalk within the city by any person who has first obtained a permit in writing to do so from the director of transportation and engineering. 4. [No change] 5. [No change] 6. [No change]. 13.24.015 Installation and maintenance of public telephones on public sidewalks, ways and places in the city. A. [No change] B. [No change] C. All installations shall be made in accordance with the requirements of the director of transportation and engineering ofthe city, and the city manager shall withhold issuing such license permits until after he has received recommendations from the director of public works. Pursuant to this section, the department of transportation and engineering shall prepare a set of booth installation guidelines. [No change to remaining subsections] Section 11. Title 13 (Streets and Sidewalks), Chapter 13.25 (Sidewalk Dining on Public Sidewalks) section13.25.100 is hereby amended to read as follows: 13.25.100 Sidewalk dining permit standards. All permits issued pursuant to the terms of this chapter shall conform to all of the following requirements, and no permit may be issued which does not so conform: 11 tit e A. [No change to subsections A through c] D. Use, occupation and obstruction ofthe public walkway which is permitted under this chapter may be temporarily suspended without prior notice or hearing when, in the discretion of the director, the transportation and engineering director, the police chief or the fire chief, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, construction activities, cleaning efforts, special events, or other similar activities, or with the health, welfare or safety of the citizens of the city. E. [No change to subsection E through Q] Section 12. Title 13 (Streets and Sidewalks), Chapter 13.40 (Trees and Shrubs) section13.40.120 is hereby amended to read as follows: 13.40.120 Coordination of city departments. A. In order to provide for coordinating the multiple use of all street improvements, plans and specifications for street planting proposed by the parks foreman shall be submitted to the transportation and engineering director and director of development services for their recommendations, and such recommendations shall be made within thirty days after receipt of the plans and specifications. B. [No change] Section 13. Title 14 (Utilities), Chapter 14.08 (Water) sections 14.08.050 and 14.08.200 are hereby amended to read as follows: 14.08.050 Service outside city. Within the authorized water service area set forth in that certain contract with the U.S. Bureau of Reclamation designated Contract No. 14-06-200-52 72A, as amended by any subsequent amendments thereto, water service connections may be made beyond the city boundaries and both outside and inside the boundary limits of the former Buckeye County water district, subject to the following terms and conditions: A. [No change to subsection A through C] D. The applicant shall be required to comply with the construction standards of the city for water line extensions and connections, to the satisfaction of the director of municipal utilities of the city. E. [No change to subsection E through F] 14.08.200 Fire hydrants--Moving. Fire hydrants will be moved at the request of property owners where such requests are reasonable and practicable in the sole judgment of the director of municipal utilities. All costs shall be borne by the party requesting the relocation. 12 e e Section 14. Title 14 (Utilities), Chapter 14.09 (Drought Management Plan) sections 14.09.030, 14.09.040, 14.09.050, 14.09.060 and 14.09.070 are hereby amended to read as follows: 14.09.030 Stage II--Mandatory twenty-five percent reduction. All Stage I requirements apply, plus the following: A. [No change to subsection A through c] D. Water service for construction projects will be handled on a case-by-case basis. A written request detailing water needs, time of use, etc., will be required and reviewed by staff. Final approval for service in this category will be granted by the director of municipal utilities . Services in this category will be monitored on a project basis. 14.09.040 Stage III--Mandatory thirty-five percent reductions. All Stage I requirements apply, plus the following: A. [No change to subsection A through c] D. Water service for construction projects will be handled on a case-by-case basis. A written request detailing water needs, time of use, etc., will be required and reviewed by staff. Final approval for service in this category will be granted by the director of municipal utilities. Services in this category will be monitored on a project basis. E. [No change to subsection E through F] 14.09.050 Stage IV--Mandatory fifty percent reduction. All Stage I requirements apply, plus the following: A. [No change to subsection A through D] E. Water service for construction projects will be handled on a case-by-case basis. A written request detailing water needs, time of use, etc., will be required and reviewed by staff. Final approval for service in this category will be granted by the director of municipal utilities. Services in this category will be monitored on a project basis. 14.09.060 Special conditions. Special conditions: A. [No change to subsection A through c] D. Any customer who wilfully neglects to adhere to the provisions of the mandatory stages of this drought management plan will be issued a written warning. Continued negligence will be reviewed by the director of municipal utilities for corrective action necessary to insure compliance. Compliance measures may include the installation of a flow restricter at the meter. 13 e e 14.09.070 Exceptions, variances and appeals. F or hardship cases only, variances may be granted for any ofthe above regulations upon application in writing stating, in detail, the circumstances warranting special consideration. Appeals of decisions made by the director of municipal utilities may be taken to the city council by written request. Section 15. Title 14 (Utilities), Chapter 14.16 (Sewers) sections 14.16.020, 14.16.240, 14.16.330, 14.16.545, 14.16.600 and 14.16.660 are hereby amended to read as follows: 14.16.020 Defmitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. For terms in this chapter not defined in this section, see Chapters 16.16, 16.20 and 18.04 of this Code. [No change to definitions except for definition of "Significant industrial user"] Significant industrial user (SIU) means: 1. [No change] 2. Any other Industrial user that: a. [No change to subsections a. through d] e. Has a reasonable potential, in the opinion of the director of municipal utilities, to have a significant impact on the treatment system, either singly or in combination with other dischargers to the system. 14.16.240 Sewer service charges. A. [No change] B. The following classes of users shall be established: 1. [No change to subsection 1 through 3] 4. Class IV. Users that have no prior history of water use. These users shall be evaluated on a case- by-case basis by the director of municipal utilities, and an equitable monthly charge shall be assessed for a maximum of twelve months. The assessment shall be based on methods used to assess charges for Class II and Class III. Dischargers shall be reassigned to another class as appropriate. 14.16.330 Permit for sewer connection. A permit issued by the city and compliance with the provisions of this chapter shall be required prior to construction of a sewer connection. Sewer connections shall be installed at the expense of the owner of the premises under the supervision and inspection of the city. An applicant for the permit shall submit with his application a diagram, not necessarily to scale, showing the complete details of the proposed construction and, where applicable, the dimensions of the line tap, cleanouts, and changes in grade and direction. Sewer connections that are connected prior to obtaining an approved permit are illegal and may be immediately disconnected by the director of municipal utilities, any sewer impacts may be billed to the property owner, and all enforcement actions noted in his code may apply. 14 e e 14.16.545 Prohibited restaurant wastewater discharges. No person who owns, operates, or maintains a restaurant shall at any time discharge any wastewater to the street, storm drain, storm channel, parking lots, service dock areas, or ground, except for unpolluted cooling water that has been approved by the municipal utilities department and the building division. Wastewater generated by restaurants must be disposed of to a gravity separation interceptor connected to a sewer. 14.16.600 Notification of violation. Whenever the city manager finds that any user has violated or is violating this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment requirement, the city manager may serve upon said user a written notice of violation. Within seven days ofthe receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted by the user to the municipal utilities director. Submission of this plan in no way relieves the user ofliability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. 14.16.660 Emergency suspensions. The city manager may immediately suspend a user's discharge or his wastewater discharge permit after informal notice to the user or person in charge whenever such suspension is necessary in order to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to environment, the health or welfare of persons, or is a threat to the operation ofthe POTW. Said informal notice shall be confirmed by the city to the user in writing within three days following the informal notice of suspension. A. [No change] B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the municipal utilities director, prior to the date of any show cause or termination hearing under Sections and 14.16.620 and 14.16.690. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. Section 16. Title 14 (Utilities), Chapter 14.18 (Storm Drainage Utility) sections 14.18.020, 14.18.050, 14.18.170 and 14.18.200 are hereby amended to read as follows: 14.18.020 Defmitions. For the purposes ofthis chapter, the words and phrases shall be defined as follows, unless the context clearly indicates or requires a different meaning: "Approved plans" means plans approved under the city's municipal code. "Building department" means the building department of the city. "City" means the city of Redding, California. "City manager" means the city manager of the city. "Council" means the council of the city. "County" means the county of Shasta, California. 15 e e "Director" means the director of municipal utilities of the city. "Developer" means a person, firm, partnership, corporation, or other entity that excavates, fills, builds structures, or otherwise improves or changes a specific parcel or tract of land. "Drainage code" means the "storm drainage utility code" ofthe city as contained in this chapter of the Redding Municipal Code. "Erosion control plan" means a plan required by an ordinance, rule, or regulation for controlling the movement of soils due to storm runoff created by construction activities. "Existing" means present or in effect as of the time of the adoption of this chapter. "Facilities" means various drainage works that may include inlets, conduits, manholes, energy dissipation structures, channels, ditches, pipelines, outlets, retention/detention basins, and other structural components. "Impervious acreage factor" (IAF) means a factor for each land use which, when multiplied by a parcel's actual acreage, derives the estimated impervious surface of that parcel of real property. "Impervious surface" means surfaces on or in a lot or parcel of real property which reduce the rate of infiltration of stormwater into the earth. Examples of impervious surfaces include asphalt paving, roofs and concrete walkways. "Mobile home park" means a tract of land containing one or more mobile home lots. "Multifamily residential" means a common-wall dwelling, with kitchen and bathroom(s) intended for permanent private occupancy by one or more persons or a single family, for living and sleeping purposes. "National Flood Insurance Program" means the federal program to provide subsidized insurance for flood damage to properties in flood plains. The program includes a number of regulations restricting what can be done in a flood plain. "Notice" means a written or printed communication conveying information or warning. "Open space" land use shall be defined as land use classifications, parks and golf, agriculture, greenway, recreation and undesignated. "Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) or any matter issued by the utility engineer or city manager or person designated by them pursuant to any provision of this chapter. "Premises" means the lot or parcel and the buildings situated thereon. "Private" means that property or facilities owned by individuals, corporations and other organizations, and not by city, state or federal governments. "Public" means that property or facilities owned by city, state or federal governments. "Residential dwelling unit" means a living space in either a single- family (detached) or a multifamily (common-wall) dwelling, with kitchen and bathroom( s) intended for permanent private occupancy by one or more persons or a single family, for living and sleeping purposes. "Risk manager" means the risk manager for the city. "Single-family residential" means a detached living space, with kitchen and bathroom(s) intended for permanent private occupancy by one or more persons or a single family, for living and sleeping purposes. 16 e e "Storm drain" means a drain which carries stormwater, surface runoff, street washwaters, and drainage, but which excludes sanitary sewage and industrial wastes. "Storm drainage system" means all facilities, structures, and natural watercourses used for collecting and conducting stormwater to, through, and from drainage areas to the points of final outlet, including but not limited to any and all of the following: inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees and pumping stations. "Storm drainage utility code" means this chapter ofthe Redding Municipal Code. "Storm drainage utility division" means the storm drainage utility division of the department of municipal utilities of the city. "Street cleaning" means the regular, periodic removal of silts, leaves, pollutants and other debris from the public streets of the city. "Undeveloped land" means a parcel ofland that is without any building, structure or improvement. "Utility engineer" means the city engineer or his representative designated to assist the director of municipal utilities assigned to administer the functions of the storm drainage utility division. 14.18.050 Rules and regulations. In order to accomplish the purpose of this chapter to protect the drainage facilities, improvements and properties owned by the city; secure the best results from the construction, operation and maintenance thereof; and prevent damage and misuse of any of the drainage facilities, improvements, or properties within the city, the utility engineer under the direction of the director of municipal utilities may make and enforce rules and regulations that are approved by the city council, and are necessary and reasonable: A. [No change to subsections A through 0] 14.18.170 National flood insurance program. A. [No change] B. The storm drainage utility division shall assist the development services department in the review of detailed site plans submitted with applications for permits for development in areas of special flood hazard. The review shall be based on the Flood Insurance Study and the Floodway Boundary and Floodway Map furnished by the Federal Emergency Management Agency. The storm drainage utility division shall provide the planning department with such information as required. It will assist in appeals, public information, map reviews, flood profile determinations, and other calculations and consultations required in the administration of the program. 14.18.200 Encroachment permits and plan review. A. It is unlawful for any person or organization to construct, enlarge, alter, repair, relocate, or demolish a storm drain, natural watercourse, or other drainage facility, without first filing an application and obtaining an encroachment permit from the department of transportation and engineering. An application shall be made by the owner of the property involved, or an authorized 17 e e agent employed in connection with the proposed work. Permits for minor repairs, as defined in Section 14.18.050 of the rules and regulations, shall not be required. Minor repairs are that work that merely restores a facility to its former function and has no potential to disrupt the functioning ofthat facility or to cause increased erosion or other negative impact on the public or the environment. B. Encroachment permits are required and may be granted by the department of transportation and engineering for the following improvement categories: 1. Connection into the public storm drainage system, except unimproved creeks or streams; 2. Improvements which are or will become public facilities owned and maintained by the city; 3. Improvements within dedicated but unimproved street rights-of-way; 4. Improvements which are, or will be, public retention or detention facilities. C. Connection into a storm drainage system shall be performed only by contractors who meet the following requirements: 1. They shall have the appropriate license issued by the city, county or state; and 2. They have posted a bond with the city in the amount determined by the department of transportation and engineering; and 3. They provide insurance as required by the city's risk manager. Section 17. Title 16 (Buildings and Construction), Chapter 16.20 (Development Impact Fees) section 16.20.020 is hereby amended to read as follows: 16.20.020 Defmitions. A. For the purposes of this chapter, the words set out in this section shall have the following meanmgs: [Change only to the definition of "Director"] "Director" means the department director designated by the City Manager to carry out the administration of this chapter. Section 18. Title 17 (Subdivisions), Chapter 17.08 (Definitions) section 17.08.060 is hereby amended to read as follows: 17.08.060 City engineer. "City engineer" means the director of transportation and engineering of the city. Section 19. Title 17 (Subdivisions), Chapter 17.14 (Property Line Adjustments) section 17.14.050 is hereby amended to read as follows: 17.14.050 Recordation. A. To effectuate an approved property line adjustment, the applicant must submit the following documentation to the department of transportation and engineering within ninety days of the date of the certificate of approval: 18 e e An eight and one-half-inch by eleven-inch map exhibit prepared by a licensed surveyor or professional engineer, containing all ofthe information required for an application submittal and any modifications required by approval; Deeds necessary to convey property to implement the property line adjustment. The deeds shall include a legal description of all affected parcels as they will exist after the property line adjustment is recorded. Said deeds shall contain the words "PROPERTY LINE ADJUSTMENT" in bold letters at the top of each page and exhibit and also contain the following statement: "Recordation of this deed is for the purpose of adjusting property lines only and does not create or convey a separate parcel," as defined in Government Code Section 66412(d); 3. Applicable recording fee as established by the county recorder; 4. Map check fee as established by resolution of the city council; S. An application provided by the director of transportation and engineering and any applicable fee for apportionment of any assessment district encumbering the property subject to the property line adjustment; 6. A request on a form provided by the transportation and engineering department requesting that the county assessor consolidate parcel numbers as necessary so as to prevent an increase in the number of assessor's parcels as a result of the property transfer. B. [No change] C. [No change] Section 20. Title 17 (Subdivisions), Chapter 17.33 (Street Standards) section 17.33.080 is hereby amended to read as follows: 17.33.080 Sidewalks. A. Sidewalks shall be provided for all lots in the subdivision. The sidewalks shall be of such width as may be required by the standard specifications of the transportation and engineering department, but in no case less than four feet in width adjacent to the curb in a residential area or less than five feet in a commercial or industrial area. Considerations in design are to be given for handicapped persons and senior citizens. In addition, the following shall apply: A. [No change in subsections Al through AS] B. [No change] Section 21. Title 17 (Subdivisions), Chapter 17.36 (Improvement Plans) section 17.36.020 is hereby amended to read as follows: 17.36.020 Compliance with specifications. All improvements mentioned in this chapter shall conform to those required in the "Standard Subdivision Improvement Specifications" prepared by the city engineer, recommended by the planning commission, and adopted by the city council, copies of which are on file in the department of transportation and engineering. Section 22. Title 17 (Subdivisions), Chapter 17.38 (Improvement Requirements) section 17.38.180 is hereby amended to read as follows: 19 e e 17.38.180 Consolidated postal delivery. The final map shall show easements or other mapped provisions for the placement of centralized mail-delivery units. Specific locations for such units shall be to the satisfaction ofthe postal service and the transportation and engineering. Section 23. Title 18 (Zoning), Chapter 18.10 (Administration) section 18.10.040 is hereby amended to read as follows: 18.10.040 Board of administrative review. A. Board of Administrative Review Created. A board of administrative review (board) for the city of Redding is hereby created, consisting of a planning commissioner, the development services director or representative, and the director oftransportation and engineering orrepresentative, as well as such other members as the city council may by resolution include. Section 24. Title/18 (Zoning), Chapter 18.41 (Off Street Parking and Loading) section 18.41.140 is hereby amended to read as follows: 18.41.140 Curb cuts. The installation of curb cuts shall be in accordance with the following standards: A. [No change to subsection A through E] F. Whenever curb, gutter, sidewalk or driveway are to be constructed or removed, an encroachment permit shall be obtained from the director of transportation and engineering pursuant to Section 13.16.010 of this code. G. [No change] Section 25. Title 18 (Zoning), Chapter 18.42 (Signs) section 18.42.110 is hereby amended to read as follows: 18.42.110 Abatement and removal of illegal signs. A. [N 0 change] B. Removal of Signs in Public Right-of-Way. 1. The development services director or transportation and engineering director may order the immediate removal of any unauthorized sign placed in the public right-of-way or on public property after documenting the sign location and attempting to contact the sign owner to get the owner to remove the sign. 2. Signs that are confiscated by the city may be retrieved from the transportation and engineering department within ten calendar days after removal. After this time, the city may dispose of the sign without compensation to the owner. 20 e e 3. Signs that are placed on any city structure or street tree may be immediately removed by order of the police chief, development services director, or transportation and engineering director; and signs attached to city electric poles may also be removed by order of the electric utility director. Signs placed on such structures or street trees may be immediately disposed of without notification and compensation to the owner. The placement of such signs in the right-of-way is a violation and persons found guilty of such violations shall be subject to the penalties of this chapter. Section 26. Title 18 (Zoning), Chapter 18.51 ("FP" Floodplain Overlay District) section 18.51.030 is hereby amended to read as follows: 18.51.030 General provisions. A. [No change] B. Interpretation. 1. [No change subsections 1 and 2] 3. Where there appears to be a conflict between a mapped boundary and actual field conditions and the conflict cannot be attributed to fill material being deposited to alter the elevations, the floodplain administrator and transportation and engineering director may make interpretations, where needed, as to the exact location ofthe boundary of the floodway and one-hundred-year floodplain consistent with the purpose ofthis chapter. Any person contesting the location ofthe boundary shall be given a reasonable opportunity to appeal the interpretation to the planning commission. Such appeals shall be reviewed consistent with the variance and exception procedures of Title 44, Section 60.6 of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59, etc.). All costs for information necessary to make an interpretation shall be borne by the property owner and shall follow the procedures listed in Section 18.51.100 of this chapter. 4. [No change subsections 4 through 5] 6. The transportation and engineering department and development services department will review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404oftheFedera1 Water Pollution Control ActAmendmentsof1972 andCDFG's 1601 or 1603 Agreements. Section 27. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 28. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. 21 . e e I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 3rd day of October, 2006, and was duly read and adopted at a regular meeting on the 17th day of October, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: " COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: . 11 ~,I r~, / ",. ~1~ , . ( -' "" ~ TONI SHERMAN, AssistaI)-t City Clerk ~:. oJ ~ - r' , -' '\ ..... .. - -.1-'." '., \' Dickerson, Mathena, Pohlmeyer, Stegall, and Murray None None None ~~~ RIC~RD A. DUVERNAY, Ity Attorney 22 e e SUMMARY OF CITY OF REDDING ORDINANCE NO. 2374 The following is a summary report of the City of Redding's Ordinance No. 2374, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing, adding or amending various sections as noted below. Background: The proposed Ordinance creates a new chapter in the Redding Municipal Code (Chapter 2.42) and is based upon the ordinances of several other California cities which operate libraries. The new provisions within Chapter 2.42 will accomplish the following: 1) Establish the library; 2) Provide that the City Council will serve as the Library Board of Trustees; 3) Establish the Library Advisory Committee, consistent with the agreement between the City and the County; and 4) Provide some regulations to enable the City to operate the library in a safe and responsible manner. In addition to creating the Redding Municipal Library, the balance of the Ordinance contains "housekeeping amendments" intended to conform the Municipal Code to the recent organizational restructuring instituted by the City Manager. Where authority was previously vested with the "Public Works Director" or the "Public Works Department," changes have been made to bring those functions under, and/or to make appropriate reference to, the Development Services Director, the Director of Engineering and Transportation, or the Director of Municipal Utilities. Changes have also been made to update Chapter 2.04 of the Redding Municipal Code, which addresses the operating procedures of the City Council. Ordinance No. 2374 was introduced and read at a regular meeting of the City Council of the City of Redding on October 3, 2006, and was duly read and adopted on the 17th day of October, 2006, at a regular meeting of the City Council by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Mathena, Pohlmeyer, Stegall, and Murray COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None A complete copy of Ordinance No. 2374 is on file and available for review in the Office of the City Clerk.