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HomeMy WebLinkAbout16 - Repeal of Various Municipal Code Provisionsi Agenda Item No. 16 February 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949- 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: -)>.J, a � TITLE: REPEAL OF VARIOUS MUNICIPAL CODE PROVISIONS ABSTRACT: As part of an on -going effort to streamline and improve government efficiency, staff has conducted a comprehensive review of the Newport Beach Municipal Code ( "NBMC "). Through this review staff has identified various laws contained within the NBMC that are no longer needed or have been superseded by state law. RECOMMENDATION: Introduce Ordinance No. 2013- 7 repealing Chapters 2.04, 5.16, 5.34, 6.15 and 6.20, Sections 2.32.010 through 2.32.050, 10.12.020, 11.12.140, 12.12.060, and local amendment to Section 307.1.1 of the California Fire Code, as adopted by Section 9.04.040, and amending Section 5.04.020 of the NBMC, and pass to second reading on March 12, 2013. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: In 2012, the City of Newport Beach ( "City ") completed a review of its Charter that resulted in various amendments being approved by the voters at the November General Election that eliminated outdated rules and inefficiencies. For 2013, the City is undertaking a review of the NBMC to identify and eliminate outdated rules and inefficiencies found therein. This ordinance is the first to be brought to the City Council 1 REPEAL OF VARIOUS MUNICIPAL CODE PROVISIONS February 26, 2013 Page 2 for consideration as part of the 2013 review. During the year, additional items may be presented to the City Council for consideration. The attached ordinance proposes to repeal various provisions from the NBMC that are no longer needed for the proper administration and regulation of the City. Below is a summary of those NBMC provisions proposed to be repealed: • NBMC Chapter 2.04 regulates the location of City Council meetings. This Chapter is no longer needed as Charter Section 409 was updated in 2012 and addresses the time and place of City Council meetings. Further, recent revisions to Council Policy A -6 also address the time and place of City Council meetings. Therefore, Chapter 2.04 is redundant and should be repealed. • NBMC Sections 2.32.010 through 2.32.050 relate to a 1949 ordinance that created a Traffic Division within the Police Department and set forth certain duties for that division. While it is recommended that these provisions be repealed, the Police Department has no intention of eliminating its Traffic Division. Rather, these provisions are out of date with best management practices for how the Police Department, as a whole, should be most efficiently organized to best meet the needs of the community. The Chief of Police, as the head of the Police Department, should determine how best to organize the department. The other aspects of the sections proposed to be repealed deal with the authority of the City's police officers to enforce traffic regulations, investigate accidents and report information relating thereto. These provisions are no longer needed because state laws provide police officers with their power and authority. The City already uses report forms standardized by the California Highway Patrol and reports any required information to the Statewide Integrated Traffic Records System. Thus, these sections are outdated and no longer applicable and should be repealed. • Chapter 5.16 of the NBMC regulates Going Out of Business ( "GOB ") sales within the City and, subject to a few exceptions, requires a business conducting a GOB sale to obtain a permit from the City. The repeal of this Chapter will reduce the administrative burden on local businesses. Any concerns about GOB sales signage may be regulated through the City's Sign Standards contained in the Zoning Code, NBMC Section 20.42.090. Consequently, Chapter 5.16 may be repealed to ease the City's regulation of businesses. • Section 5.04.020 of the NBMC referenced the permit requirements of Chapter 5.16. With the repeal of Chapter 5.16 this reference is no longer applicable. Hence, NBMC Section 5.04.020 should be amended to remove the reference to Chapter 5.16. 4 REPEAL OF VARIOUS MUNICIPAL CODE PROVISIONS February 26, 2013 Page 3 • Chapter 5.34 of the NBMC requires places of business that are open to the public with one or more pool tables or amusement devices (e.g., electronic video games, etc.) to obtain a permit from the City. The City's Finance Department, in consultation with the Police Department, recommends the repeal of this Chapter to reduce the regulatory burden on City businesses. • NBMC Chapter 6.15 regulates Mobile X -Ray Units (i.e., an x -ray machine installed upon a vehicle or trailer). This Chapter grants enforcement authority to the County Health Officer. However, the County no longer regulates Mobile X -Ray Units. Therefore, this Chapter is outdated and should be repealed. • Chapter 6.20 of the NBMC regulates tattoo establishments within the City. The state legislature recently passed Assembly Bill ( "AB ") 300. As of July 1, 2012, this legislation established that the County's Environmental Health Agency is now responsible for the regulation of all tattoo establishments within the County. Further, the County has confirmed that with the passage of AB 300, the City no longer needs this regulation. Thus, this Chapter has been superseded by state law and should be repealed. • The City's local amendment to Section 307.1.1 of the California Fire Code ( "CFC "), as adopted by NBMC Section 9.04.040, prohibits certain open burning, recreational fires and /or outdoor fireplaces. The Fire Department believes this local amendment can be repealed because there are other legal regulations and air quality standards that can better regulate recreational fires and /or outdoor fireplaces. For example, the South Coast Air Quality Management District currently enforces air quality issues and is more suitably equipped to monitor and enforce air quality issues. Further, the CFC has the requisite precautions for fire safety related to open burning, recreation fires, and outdoor fireplaces without the need for a local amendment. The repeal of this local amendment would mean the City's Fire Code would revert back to the general regulation of open burning contained in CFC Section 307.1.1. Therefore, this local amendment to the CFC should be repealed. • NBMC Section 10.12.020 pertains to the City's regulation of private security guard uniforms. Currently, the California Business and Professions Code allows the City to regulate the uniforms and insignias worn by private security guards to ensure the uniforms and vehicles are clearly distinguishable from the uniforms and vehicles used by the Police Department. While the California Business and Professions Code provides the City with the authority to regulate this matter, it does not require that the City regulate security guard uniforms and vehicles. The Police Department has not found security guard uniforms and vehicles to be a problem in the City and recommends the repeal of this code section. Repealing this section will further reduce the regulatory burden on local businesses. Should security guard uniforms and vehicles become a problem in the future, the Police Department believes Penal K REPEAL OF VARIOUS MUNICIPAL CODE PROVISIONS February 26, 2013 Page 4 Code provisions for impersonating a peace officer will provide an appropriate means to take enforcement action and suitable penalties for such a violation. Thus, this code section should be repealed. • Adopted in 1949, NBMC Section 11.12.140 restricts bathing in Newport Bay between Adams Street and the intersection of Buena Vista Boulevard with Bay Avenue between the hours of eleven p.m. and four a.m. However, current restrictions already prohibit the use of all bay front beaches between the hours of eleven p.m. and six a.m. of any day of the week. Therefore, Section 11.12.140 is redundant and should be repealed. • NBMC Section 12.12.060 establishes regulations for the City parking lot at Pacific Coast Highway and Newport Boulevard. However, NBMC Section 12.12.050 already regulates all parking lots within the City. Therefore, Section 12.12.060 is redundant and should be repealed. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the introduction and approval of the attached ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: a 7h� City Manager Attachments: A. Ordinance No. 2013- a ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING CHARTER 2.04, 5.16, 5.34, 6.15 AND 6.20, SECTIONS 2.32.010 THROUGH 2.32.050, 10.12.020, 11.12.140, 12.12.060, AND LOCAL AMENDMENT TO SECTION 307.1.1 OF THE CALIFORNIA FIRE CODE, AS ADOPTED BY SECTION 9.04.040, AND AMENDING SECTION 5.04.020 OF THE NEWPORT BEACH (MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "City') is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Article XI, Section 5 of the Constitution of the State of California authorizes charter cities to enact ordinances with respect to their municipal affairs; and WHEREAS, in 2012, the City completed a review of its Charter resulting in various amendments being approved by the electorate that eliminated outdated rules and inefficiencies; and WHEREAS, the City has conducted a review of the Newport Beach Municipal Code to identify and eliminate outdated rules and inefficiencies; and WHEREAS, the City is seeking to reduce the burden on local businesses through the repeal of certain provisions of the Newport Beach Municipal Code; and WHEREAS, certain chapters and /or sections of the Newport Beach Municipal Code are no longer needed or have been superseded by state law and therefore may be repealed. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 2.04 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 2: Sections 2.32.010, 2.32.020, 2.32.030, 2.32.040 and 2.32.050 of the Newport Beach Municipal Code are hereby repealed in their entirety. Section 3: Chapter 5.16 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 4: Section 5.04.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 5 5.04.020 License and Tax Payment, and Fingerprinting Fee Requirements. No person, either for himself or any other person, shall operate any business specified in this title in the City without first having obtained a license from the City to do so, or without complying with any and all regulations of such business contained in this title; and the carrying on of any such business without first having obtained a license from the City to do so, or without complying with any and all regulations of such business contained in this title, shall constitute a separate violation of this title for each and every day that such business is so carried on. Where fingerprinting is required as a condition of obtaining a license to operate any such business, in addition to any other fees imposed pursuant to this title, a fee equal to that currently charged to the City by the State of California will be charged for each person required to be so fingerprinted. Section 5: Chapter 5.34 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 6: Chapter 6.15 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 7: Chapter 6.20 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 8: The local amendment to Section 307.1.1 of the California Fire Code, as adopted by Section 9.04.040 of the Newport Beach Municipal Code, is hereby repealed in its entirety. Section 9: Section 10.12.020 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 10: Section 11.12.140 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 11: Section 12.12.060 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 12: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 13: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 2 Section 14: Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 15: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 16: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. [CONTINUED ON NEXT PAGE] This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of February, 2013, and adopted on the 12th day of March, 2013, by the following vote, to -wit: AYES. COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: KEITH D. CURRY LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORI 1EY'S,OFFICI HARP, CITY ATTORNEY I