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HomeMy WebLinkAbout1976-04-20; City Council; 3630; Public Improvement PolicyCITY OF CARLSBAD AGENDA BILL NO. �� __ Initial: DATE: April •20_,•.1976 Dept.IId. C. Atty. Uf DEPARTMENT: PUBLIC WORKS • C. Mgr. Subiect: PUBLIC IMPROVEMENT•POLICY Statement of the Matter The City of Carlsbad has no policy requir-ing Public Improvements as a condition of construction or reconstruction in areas zoned appropriate to the intended use of the structure, similar to the requirements of the Sub -division Map Act. A study was . conducted and several staff conferences were held relating to this subject as detailed in Exhibit A. The study (Exhibit B) concludes that a Public Improvement Policy is desirable and provides 4 draft ordinance for consideration. EXHIBITS A. Administrative Assistant memo to City Manager of 7 April 1976. B. Study "Public Improvement Policy - City of Carlsbad". RECOMMENDATION If Council approves of the concept for -a Public Improvement Policy, as outlined in•the Draft Ordinance refer to staff for preparation of the Ordinance in final form. Council action 4-27-7.6 Ordinance #8067 was introduced for a first reading. 5-4-76 Ordinance #8067 was given a second reading and adopted. .1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 a m c U � 15 ooZ 16 20}>p ~ `LL 17 m U 2 J LL w U �zSQ 18 ZCC M 0 en �Q Q 19 U 20 21I 22IJ 231 241 25 26 27 28 lORDINANCE 140. 8067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.40 TO PROVIDE FOR THE DEDICATION OF RIGHTS -OF -WAY AND FOR THE INSTALLATION OF CER- TAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH BUILDING CONSTRUCTION. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 18 of the Carlsbad Municipal Code is amended lby the addition of Chapter 18.40 to read as follows: "Chapter 18.4 DEDICATION AND IMPROVEMENTS Sections: 18.40.010 Findings, purpose and intent. 18.40.020 Definitions. 18.40.030 Dedication required. 18.40.040 Public improvements required. 18.40,050 Public utility relocations. 18.40.060 Construction of public improvements. 18.40.070 Deferral of improvement requirements. 18.40.080 Appeal. 18.40.090 Conditions of deferral. 18.40.100 Waiver or modification of requirements. 18.40.110 Duty, to deny final building permit approval. 18.40.120 Applicability of requirements. 18.40.010 Findings, purpose and intent. (a) The City Council finds as follows: (1) That there is a lack of adequate curbs, gutters, sidewalks and streets in various areas of the City which is prejudicial and dangerous to the public health, safety, and welfare of the inhabitants of the City. (2) The lack of improved sidewalks in the City in many instances forces pedestrians including school children to walk in the streets and to be subject to the hazards of v,,'.zicular traffic. (3) The lack of improved sidewalks during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt sidewalks. (4) Streets and highways of inadequate width and K 0 a m a �a G) U 0 LL p j a Z z W o>R a m U , :3Q LL} W(i W W Z g _zCC ^U) J cc > Q Q >- U t V 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 design hinder vehicular moN,ement and constitute a hazard to the safety and health of users. (5) The lack of curbs, storm drains and other street improvements results in poor drainage and a collection of filth and waste. ` (6) The lack of improved streets impedes the operation of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection vehicles. (b) It is the purpose of the City Council in adopting the provisions of this chapter to: (1) Impose reasonable requirements cf dedication and improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights -of -way and streets and highways in the City thereby increasing the danger to the public health, safety and welfare. (2) Extend the basic requirements of the Subdivision Map Act by establishing standards and.requirements for dedication and improvements in connection with the development of land in which no subdivision is involved. (3) Alleviate the undesirable situation found to exist in subsection (a) by spreading the cost of public improvements upon abutting property in an equitable manner and by causing the installation of those improvements required by the City to serve property about to be developed at the time of, its development. (c)'The City Council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights -of -way including streets, highways, alleys and storm drain facilities and the construction of improvements contiguous to the property from the property line to the center- line of, the public rights -of -way as necessitated by the nature and type of building or structure being constructed and the use to which the property is being put.+ 18.40.020 Definitions. For the purposes of this chapter the, following words and phrases shall have the meaning respectively subscribed in them by this section: (1) "Alley" means 'a public or private way permanently reserved as a secondary means of access to abutting property. (2) "Building" shall include any building, structure or dwelling of which the cost price of.erecting the same is in excess of the sum of $10,000 as determined by Building Permit valuation. (3) "Improvements" shall include the following: Side- walks', gutters, pavement, driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems, street lighting, fire protection installations and pavement transitions. (4) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. The term "Person" shall also include any owner, lessee or agent constructing or arranging for the construction or modification or 2. r- 1 alteration of a building or dwelling. 2 18.40.030 Dedications required. (a) Any person who con- structs or causes to be constructed .any building in the City 3 shall have provided by means of an offer of dedication or other appropriate conveyance as approved by the City Attorney the 4 rights -of -way necessary for the construction of any street, high- way, or alley as shown on the circulation element of the General 5 Plan, any applicable Specific Plans, or as otherwise required by the City Engineer in accord with an established street system or 6 plan. Rights -of -way shall also be provided for any improvements to existing facilities including rights -of -way for storm drains or 7 other required public facilities. All rights -of -way shall be accompanied by a title examination report and be free of all liens 8 and encumbrances. (b) The dedications required by subsection (a) shall also 9 apply to any person who alters, enlarges or expands or causes to be altered, enlarged or expanded any building in the City if the lb cost of such work exceeds the sum of $10,000 as determined by Building Permit valuation. 11 (c) The dedications required by this chapter shall be made prior to issuance of the Building Permit for the subject property. 12 18.40.040 Public improvements required. (a) Any person who 13 constructs or causes to be constructed any building in the City shall construct all necessary improvements in accordance with a 14 City specifications upon the property and along all street front- N o ages adjoining the property upon which such building is constructed o 15 unless adequate improvements already exist. In each instance a the City Manager shall determine whether or not the necessary w. 0 oZ� 16 improvements exist and are adequate and each building permit o FQo application shall be so endorsed at the time it is issued. LL �jn 17 (b) The improvements required`by subsection (a) shall also }W" apply to any person who alters, enlarges or expands or causes to W zga 18 be altered, enlarged or expanded any building in the City if the zo�LO cost of such work exceeds the sum of $10,000 except work on single a 0: 3-9 family dwellings located in the R-A and R-.1 zones. V 20 18.40.050 Public utility relocations. In the event the City Manager determines that the contemplated construction of improve- 21 ments as required by this chapter in individual cases will necessi- 22 tate the relocation or alteration of public utility facilities, including but not limited to gas, electricity, telephone and water., he may require the person requesting the building permit 23 to produce satisfactory evidence that such person has made arrange- ments with such public utility company for the relocation or 24 modification of such public utility facil�'ies. 25 18.40.060 Construction of public improvements. If the City Manager determines that public improvements are required they shall 25 be designed to City standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit 27 prior to issuance of a Building Permit for the subject property.. 2811 3. K III i 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If the Building Permit is not exercised the improvement obligation shall terminate and the security shall be returned. The City Manager is authorized to execute such agreements on behalf of the City of Carlsbad. 18.40.070 Deferral of improvement requirements. Upon written application the City Manager by written order may defer any of the improvements required by this chapter if he finds that the public health, safety and welfare of the inhabitants of the City will not be endangered by the deferment of the construction of the improvements and that any of the following exists: (1) There is a Jack of adequate data in regard to grades, plans or surveys which complicate the construction of the improvements and indicate they should be deferred to a later time. (2) The construction of the improvements is included in an approved or pending assessment dist_-'~t or otherwise quar- anteed as provided by City ordinance. (3) Construction of the improvements would be incom- patible with the present state of the neighborhood's development or be impractical or premature because of the condition of the surrounding property. (4) Construction of the improvements would create a hazardous or defective condition. 18.40.080• Appeal. (a) The granting or denial of a deferral of improvements pursuant to section 18.40.070 by the City Manager involving curbs, gutters, sidewalks or streets shall, unless appealed to the City Council, become final within five days after the filing of the Manager's written decision setting forth the findings in support thereof. (b) Any aggrieved person participating in the review and proceeding before the City Manager may appeal such decision to the City Council by filing a written no•ice of appeal with the City Clerk, stating the specific grounds -of appeal and paying a $25.00 fee to the Cleric within five days of the Manager's written de- cision. (c) The City Council shall set•the matter for hearing within thirty days and may approve, modify, or disapprove the decision of the City Manager. 18.40.090 Conditions of deferral. Any deferral of improve- ments pursuant to section 18.40.070 shall be conditioned on the filing with the City Manager of a future improvement agreement secured by a lien against the subject property in a form satis- factory to the City Attorney which provides that the property owner will construct the improvement at such time as the City requires them'to be constructed and gives the City a lien on the property to guarantee such construction. The City Manager is authorized to execute such agreement on behalf of the City of Carlsbad. Such agreement must be received and recorded prior to 4. r- 1 issuance of a Building Permit. If the Building Permit is not exercised the City Manager is authorized to execute a release 2 of lien for the subject property. 3 18.40.100 Waiver of modification of requirements. Upon written application accompanied by a $25.00 fee the City Council 4 may by resolution waive or modify the requirements of this chapter if they find that: 5 (1) The street fronting on the subject property has already been improved to the maximum feasible and desirable state 6 recognizing there are some such streets which may have less than standard improvements when necessary to preserve the character of 7 the neighborhood and to avoid unreasonable interference with such things as trees, walls, yards, and open space. 8 (2) The granting of the waiver or modification will not perpetuate a hazardous or defective condition or be otherwise g detrimental to the health, safety or welfare of the residents of the City. 10 18.40.110 Duty to deny final building permit approval. The 11 Director of Building and Housing shall deny final approval and acceptance of a Building Permit pursuant to a permit and shall 12 refuse to allow final public utility connections and occupancy in any building, structure or dwelling unless the City Manager 13 determines that all required dedications have -been made and that all necessary improvements exist, are constructed, or unless the a 14 City —anager, pursuant to Section 18.40.070, has determined to N co defer the installation of such improvements and the required future 15 improvement agreement and a lien contract has been received a and recorded, or unless the requirements of the chapter have been zoz� 3.6 modified or waived pursuant to Section 18.40.100. 0 j0 LL �JQ 17 18.40.120 Applicability of requirements. Requirements of F }WU this chapter shall not apply to any buildings, structures, or W z,8a 18 dwellings for which a Building Permit had been issued prior to Zo U � m a19 June 3, r 15 ZG`• F " EFFECTIVE DATE: This ordinance shall be -effective thirty s 20 days after its adoption, and the City Clerk shall certify to the 21 22 adoption of this ordinance and cause it to be published at least once 'in the Carlsbad Journal within fifteen days after its adoption. 23 an adjourned INTRODUCED AND FIRST READ at / regular meeting of the 24 Carlsbad City Council held on the27thday of April , 1976, 25 and thereafter 26 5. 27 28 K 1 2 3 4 5 6 7 .. 8 9 10 11 12I 13 0 14 a W 15 U a o0Z¢ 16 m��� 17 a u. } W 18 ti Z Z_ 0 J >Q a 19 Y U 20 21 22 23 24 25 26 27 2E PASSED AND ADOPTED at a regular meeting of said Council held on the 4th day of May , 1976, by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman•Casler NOES: None ABSENT: None ROBERT C. FRAZEE, Mayo ATTEST: MAR A T E . A15AA4S , ?tYlL (SEAL) I 6. , K April 7, 1976 MEMORANDUM TO: City Manager FROM: Administrative Assistant SUBJECT: Public Improvement Policy I completed an initial study of the requirements for a Public Improvement Policy in mid -July 1975. Subsequent to that initial effort I have partici- pated in several conferences, the most recent on April 2. I have visited the cities of Vista and Escondido to discuss the manner in which their policies are implemented. I have also discussed the proposed policy with Mr. Dave Minnich, Chairman, Board of Realtors and provided him with copies of the study. Mr. Minnich has graciously provided comments and also provided comments from Mr. Bud Porter, Governmental Relations Specialist for the County Council of Real Estate Boards and Mr. Michael Straub, a local builder. I have attempted to include all considerations raised in the revised proposed ordinance. Mr. Minnich has indicated concern for the requiring of future agree- ments to assure performance if the improvement!; are deferred to a later date at the time of construction. This, of course, places a lien on the property and may result in difficulties associated with a sale of this property. 1. It appears to me, however, that a future agreement is often in the best interests of the owner in that costs to him may be deferred and/or may be sub- stantially less since the improvements for which he is responsible may be accom- plished as a part of a larger project, i.e., at a time when an entire block or section is improved (as the scope of a project increases, unit costs such as per foot of curb & gutter or per sq. ft. of paving are reduced). The provisions of this ordinance provide that a future agreement may be agreed to by the City if requested by the owner, otherwise, they will be required as a condition for approving construction. This provision actually provides the developer a degree of flexibility, he can either build the public improvements or he can request to defer them for sufficient reason. 2. The subject of future agreements is, ordinance in that future agreements have will most probably be used to the mutual the future as provided by this ordinance to development. in my opinion, not central to this been used by the City in the past and benefit of the City and land owners in and by other code provisions relating A Public Improvement Ordinance does interrelate with certain provisions of the cities sub -division ordinance (Minor sub -divisions) in that some, but not all public improvements could be guaranteed under either ordinance for certain types of property transactions or building activities. It is considered, however, that in this circumstance, the ordinances compliment one another rather than being duplicative or contradictory. Any changes to the Sub -Division Ordinance which might be considered can be included in an update of that Ordinance after the Public Improvements Ordinance has been in operation for a while and staff is familiar with and confident in its operation. EXHIBIT "A" L ,—. Public Improvement Policy (cont.) -2- April 7, 1976 Essentially, the Public Improvements Ordinance covers those situations requiring public improvements which were not covered by our several ordinances requiring public improvements such as the CUP, Variances, Sub -Divisions, etc. � � J RO� W . GREER RWG:pag K STUDY PUBLIC IMPROVEMENT POLICY FOR THE CITY OF CARLSBAD ROG W. GREER July 1:5, 1975 A nistrative Assistant EXHIBIT "B" TABLE OF CONTENTS Executive Summary Page 1 Introduction Page 2 General Page 2 - 5 Discussion Page 6 Conclusion - Recommendation Page 6 Proposed Ordinance Enclosure 1 K EXECUTIVE SUMMARY This study discusses the need for a Public Improvement Policy for the City to include all new construction and alterations which will add to the population or cause increased requirements for streets, curbs, gutters and sidewalks. The Subdivision Map Act includes requirements for the construction of these public improvements, concurrent with development. Construction not covered by this act or requiring some other discretionary act by the City Council, may be built without the constructing of these public improvements. A proposed ordinance establishing a Public Improvement Policy for the City is included. Salient points of the ordinance are: 1. Establishes the need for these improvements as the lack of such improvements affects the health, safety, and welfare of the residents. 2. It includes all new construction and selected building modification work requiring the provision of public improvements. 3. The ordinance affects construction which involves securing building permits after January 1, 1976. 4. The City Council may waive the requirements for the construc- tion of the public improvements. 5. The Director of Building & Housing will not issue a building permit for construction covered by this ordinance until such time as the required public improvements are constructed or their construction is guaranteed by bond or by a future agreement. 6. Future agreements covering public improvements must be executed prior to application for a building permit. -1- _::� 1 t-- INTRODUCTION The Subdivision Map Act and Chapter 20 of the Carlsbad Municipal Code require public improvements (including, but not limited to streets, curbs, gutters, sidewalks, street trees, sewers, water lines, hydrants, storm drains) as well as dedication of land or fees in lieu thereof, for the purpose of parks and recreation facilities to be provided by the subdivider. These provisions encompass the following: 1. Developments of single family units. 2. Condominium. 3. Community apartment projects. It does not include the following: 1. Single family dwellings built in R-1 zones not involving parcel splits or existing boundary changes. 2. Apartments. Commercial and industrial buildings built in appropriately zoned areas of the City which do not involve parcel splits or existing boundary changes. The Carlsbad City Code does not include a general policy of required public improvements. Thus, a single family unit built in a sub- division will include all amenities, whereas, a single family unit built on a vacant lot in an existing R-1 zone will not require public improvements. Further, there are no provisions in the Code to require any future contributions for public improvements or the participation in improvement districts then in being, in the process of being or anticipated will be established. GENERAL The provision of public improvements at the time of construction is considered to be the prevailing social philosophy as is evidenced by the enactment of the Subdivision Map Act. It is recognized that the philosophy is recent in terms of time and that public improvements were not considered "essentials" at the time of construction of many areas of Carlsbad. Many sections of Carlsbad in the downtown area (south of Elm) have availed themselves of 1911 Act legislation to provide these improvements. Other areas have built up but their rural atmosphere is enhanced by the lack of curbs, gutters, and sidewalks. This best meets the desires of these residents. -2- K Ideally, both philosphies could coexiFt with minimum or no interference; however, with growth, the co -mingling of facilities, the need for mobility between areas of the City, and because of the mixing of the development methods (subdivision versus individual construction), a blend of preferred living styles is emerging. To illustrate what is occurring, the following locations are cited: 1. Lime Grove apartments (not a subdivision) at Chinquapin was not required to provide curbs, gutters, and sidewalks on the public right of way (a future agreement as a condition for a zone change and specific plan and for additional construction, may provide these improvements when and if the developer proceeds). 2. Royal Homes (a subdivision) just off Valley was required to provide sidewalks, curbs, and gutters on Valley as a condition of development. This area has few curbs, gutters, and sidewalks. Marron's Restaurant on Grand does not have curbs, gutters, and sidewalks, nor are there any in the immediate vicinity. 4. Children cannot walk the entire distance to Magnolia School on sidewalks or paved shoulders (although some fulture agreements do exist in this area). The above properties are discussed, not in the context of right or wrong, but to illustrate the fact that blending of interests is occurring and that a lack of a public improvement policy will continue to add to the checkerboarding of publicly improved area, interspaced with non-public improved areas. It is recognized that some of the problems will be corrected or are being identified for correction by the present study being conducted by the Engineering Department concerning future agreements. It should be pointed out that many of these future agreements exist only because of lot splits, boundary changes, etc., which fell within the Subdivision Chapter of the Code, or some other discretionary action; not as a result of a uniform policy requiring public improvements as a condition of construction for use by the population caused by this construction. In summary, the lack of a uniform public improvement policy has resulted, and will continue to result, in situations where new residential or commercial and industrial construction may or may not be required to provide public improvements depending upon the location or the manner under which the builder proceeds. -3- K DISCUSSION OF PUBLIC IMPROVEMENT POLICY What should a proper public improvement policy provide? Obviously, this varies from jurisdiction to jurisdiction and predicated on the public interest of the particular locality. In other words, the policy will be as restrictive or as permissive as is deemed appropriate by the local legislative body. Regardless of the degree of restrictions it will impose, the policy should have the following elements: 1. The recognition that the policy affects the public safety, health and welfare. The reasoning that this is a fact is already established by the requirements of the Code relating to subdivisions. The capability to sweep, provision of storm water runoff by gutters and storm drains, the minimizing of parking problems, the provisions of safe walking for school children, bike way provisions, all serve to justify streets, curbs, gutters and sidewalks as affecting public health safety and welfare. 2. The policy is equitable. The policy should apply equally to all under the same circumstances. The lack of a policy presently leads to un- equitable situations as can be seen by these equally possible, albeit illogical, situations. a. Two new houses side by side, one is required to have street, sewer, gutter, and sidewalks as a condition of occupancy (it was built as a part of a subdivision) whereas the other new resident is not required to have these public improvements because the house t!as built on a properly zoned existing lot. b. An individual requesting a lot split (but not contemplating construction) would be required to provide public improvements by a future agreement, even though existing lots with houses on either side are not required to provide public improvements. 3. The policy must be flexible. A public improvement policy should not be so rigid so as to preclude reasonable exceptions. The logic of this being the question as to why public improvements should be required when building in an area which will never be improved, and in fact, these improvements would degrade the atmosphere and charm of the surrounding area. 4. The policy should not be capricious. A public improvement policy should recognize that building activities such as pools, patios, family rooms, etc., which do not add to the existing population or do not create parking, traffic or traffic circulation problems, should not be restricted by additional costs to provide for unneeded public improvements. The policy of course, should not be retroactive, it should provide some guarantee that projects in process will not be affected by any new regulations. -4- r- The public improvement policy therefore, should include: 1. Recognition that it affects the public health, safety and welfare. 2. It is equitable. 3. It is flexible. 4. It is not capricious. OTHER JURISDICTIONS Table 1 is a compilation of San Diego cities' public improvement policies. Public improvement policies in some jurisdictions are over ten years old and have been court tested. Eight cities have ordinances requiring public improvements, three have no such requirements (including Carlsbad) and two have design review require- ments which may include public improvements at the discretion of the Design Review panel as a condition for approval. Five of the eight cities having public improvement ordinances include remodeling to existing buildings within the scope of the ordinance. The cost of remodeling (as determined by the Building Department) is used as a criteria to determine if public improvements are required and vary in value from $2,500 to $7,500. -5- o rD C-) 0cn r z H cn o : rD c rD 3 0 w n w 5 cu v, °i �s �. a cam. oo' rD co Cl. 0 C-) Cp N O rD to o O rD H 'fi (D H "h N Ci C") n n NrD y c 5 O rD c p C (D cs c c 3 s A ro Y rD to rD `+ Q' rD CF s ro CJ' C7 a- 0' 7 A O o O ;pv C� ;, �. -h C m m C M ro 'S rDz j cF c m c c c ro o < rD o + r �+ ro Ct C+ C+ r+ C+ C+ m ro m' rD rD rD (D rr z F A7 f ty ^ros -ro5 ul +n En LO CL N 'O ro +n J. N N CA cn m M. cD rD rD C. C rD o_ c 0 � i S g fD � rDro H o. o. n J J J m C+ 0 O W p QO � W LL lw 7 3 O N\ CL O. rD 0-n. -S 'S m 0 CD(D -S z ( rD fD rD +y' C+ c+ o a N I fv b tfr D t� D 3 �• �• 01 _! (D O CTl Ul ro rD �O O 0 3 co O C) O 0 O 3 C C� rD ro .O rD C7 rD CD rD C o• o O O n n -h C7 CT' fD CT C o o C+ c c x c D • rD O p N r + c'F rDC �• o. c Q m CT CT c o r n ,� n o ro o A Co to ro L' c+ W C N\ �, 0 p �• to coro (o • to to 0 O Q O —! H cn CD r C:)c+ ro ro %1 Z7 -S M C+ 0) ro rL Z CD rD ro � C `{ Z J "' J a o u+ a' 0 3 C') C-,)c CD CD 3 ro Ln O 0 O n 0 ro 3 rD ro ro a o_ N chi- Yr+ Z N �' to. F DISCUSSION Recognizing that public improvements are a desirable goal, a public improvement policy will assist the City in working toward that objective. It is not the only means but rather one of several that are available to assist in reaching or approaching that objective (when the residents in any particular area deem it a desirable goal). Other means available, some of which have been mentioned are annotated below: 1. Subdivision Chapter of the Code. 2. Improvement Districts (1911 and 1913 Acts). 3. Public Improvement Policies for new construction. 4. Public funds CONCLUSION A public improvement policy for the City of Carlsbad which will require the installation of public improvements prior to occupancy of new residential or commercial/industrial construction is desirable. A proposed Public Improvement Policy Ordinance is attached. RECOMMENDATION The Council consider approving the attached ordinance. -6-