HomeMy WebLinkAbout1987-07-14; City Council; 8777-1; Municipal code review0 0
8777-#1 TITLE: MUNICIPAL CODE REVIEW hB#
ATG.
IEPT. CLK/CA
7- 14-87
a w 0
DEPT. HD.#-
CITY ATTY
h m I
rl I h
Q W
cr s s
Ck3 f) / c CI- OF CARLSBAD - AGENC-' BILL
RECOMMENDED ACTION:
Introduce Ordinance No. /29'd , amending various chapters and sections of the Carlsbad Municipal Code in accordance with law as recommended as a result of Code review.
ITEM EXPLANATION
On October 6, 1986, Council authorized the transfer of $15,000 from Contingency to provide for a review and conversion of the Carlsbad Municipal Code.
The Code review has been completed, and in accordance with the results of that review, the City Attorney's Office has prepared the attached Ordinance which brings our Code into conformance with the State law.
Introduction and final adoption of this Ordinance will allow us to proceed with the conversion and printing of the Municipal Code.
FISCAL IMPACT
Full cost of the Code review is estimated at $15,000. Those funds are encumbered for the project.
EXHI BIT
Ordinance No. "'5% .
1
3
4
5
6
7
8
9
10
11
12
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1296
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING THE TITLES OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND
SECTIONS TO MAINTAIN THE CODE IN ACCORDANCE
WITH LAW AS RECOMMENDED AS A RESULT OF CODE REVIEW
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 1, Chapter 1.08, Section 1.08.010 of
the Carlsbad Municipal Code is amended by the amendment of
subsection (a) to read as follows:
"1.08.010 Designated. (a) Whenever in Chapters 6.03, 7.08,
8.12, 8.16, 8.44, 8.50 and 11.28, or as specified in Sections
1.13.040, 5.10.130, 6.04.130 and 17.04.160 of this code any act
is prohibited or is made or declared to be unlawful or an
offense, or the doing of any act is required or the failure to do
any act is declared to be unlawful or a misdemeandor, shall be
punished by a fine not exceeding one thousand dollars or
imprisonment for a term not exceeding six months, or by both such
fine and imprisonment unless some other fine or penalty is stated
in said chapter or section."
SECTION 2: That Title 2, Chapter 2.06 of the Carlsbad
Municipal Code is amended by the amendment of the second sentence
of Section 2.06.080 to read as follows:
"If the City Council fails to fill the vacancy within thirty
days, it shall immediately call an election to fill the vacancy, to be held on the next established date to be held not less than
ninety days thereafter."
SECTION 3: That Title 3, Chapter 3.16 of the Carlsbad
Municipal Code is amended by the addition of Sections 3.16.081
and 3.16.082 to read as follows:
"3.16.081. Conveyances in Lieu of Foreclosure.
Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or
mortgagee, which is taken from the mortgagor or trustor as a
result of or in lieu of foreclosure; provided, that such tax
shall apply to the extent that the consideration exceeds the
unpaid debt, including accrued interest and cost of foreclosure.
.
3
r
C
4
E c
E
€
1c
t 18
19
20
21
22
23
24
25
26
27
28
0
Consideration, unpaid debt amount and identification of
grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes."
"3.16.082. Conveyances Between Spouses.
(a) Any tax imposed pursuant to this chapter shall not apply
with respect to any deed, instrument, or other writing which
purports to transfer, divide, or allocate community, auasi-
community, or quasi-martial property assets between spouses for
the purpose of effecting a division of community, quasi-
community, or quasi-marital property which is required by a
judqment decreeing a dissolution of the marriage or legal
separation, by a judgment of mullity, or by any other judqment or
order rendered pursuant to part 5 (commencing with Section 4000)
of Division 4 of the Civil Code, or by a written aqreement
between the spouses, executed in contenplation of any such
judqment or order, whether or not the written agreement is
incorporated as part of any of those judqments or orders."
(b) In order to qualify for the exemption provided in
subdivision (a), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.''
SECTION 4: That Title 3, Chapter 3.28 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.28.080 to
read as follows:
"3.28.080 Public projects. Contracts for public projects
shall be administered in the manner provided by Public Contract
Code 520161 through 520174."
SECTION 5: That Title 3, Chapter 3.32 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.32.040 to
read as follows:
"3.32.040 Claims for damaqe.
(a) No claim for damages against the City shall ever be
allowed or paid unless there has been first filed with the City
Clerk a claim therefore within the time periods required by
subsection (b). All such claims for damages shall be first verified by the claimant before an officer authorized to administer oaths."
0..
Page 2 or Ordinance No. 1296
1
2
3
4
5
6
7
8
9
10
11
12
5 18
19
20
21
22
23
24
25
26
27
28
(b) A claim relating to a cause of action for death or for
injury to person or to personal property or growing crops shall
be filed not later than the 100th day after the accrual of the
cause of action. A claim relating to any other cause of action
shall be filed not later than one year after the accrual of the cause of action."
SECTION 6: That Title 5, Chapter 5.16, Section 5.16.020 of
the Carlsbad Municipal Code is amended by the amendment of the
first sentence of subsection (e), to read as follows:
"(e)" "Recoqnized School" means any school or institution of
learning which has for its purpose the teaching of a course
consisting of 200 hours or more to be given in not less than
three calendar months of the theory, ethics and practice, methods, profession or work of message technicians, and which
school or institution of learning requires a resident messaqe
technician be furnished with a diploma or certificate of
graduation from such school or institution of learning showing
successful completion of such course of study already approved by
the California State Department of Education."
SECTION 7: That Title 5, Chapter 5.20, Section 5.20.140 of
the Carlsbad Municipal Code is amended by the amendment of the
fourth sentence of subsection (a) to read as follows:
"NO permit shall be issued to any person under the age of
eighteen years, or to any person who has, within a period of ten
years immediately preceding such application, been convicted of a
felony or to any person who, within a period of two years
immediately preceding such application, has been convicted of wreckless driving or driving a vehicle upon a highway while under
the influence of intoxicating liquors or drugs, or convicted of
the violation of any of the provisions of the Alcoholic Beveraqe Control Act of the State or to any person who is for any reason
whatsoever unable or incompetent to safely demonstrate his skill
and ability to safely handle his vehicle in driving it through the crowded sections of the City accompanied by an inspector designated by the Chief of Police."
SECTION 8: That Title 6, Chapter 6.12 of the Carlsbad
Municipal Code is amended by the deletion of Section 6.12.120.
SECTION 9: That Title 8, Chapter 8.04 of the Carlsbad
Municipal Code is amended by the deletion of Section 8.04.020.
SECTION 10: That Title 8, Chapter 8.09 of the Carlsbad
Municipal Code is amended by the deletion of Section 8.09.010.
Page 3 or Ordinance No. 1296
1
2
2
4
E Y
E
1
E
9
1c
11
1%
18
19
20
21
22
23
24
25
26
27
28
SECTION 11: That Title 8 of the Carlsbad Municipal Code is
amended by the deletion of Chapters 8.12 and 8.18.
SECTION 12: That Title 8 of the Carlsbad Municipal Code is
amended by the deletion of Chapter 8.24.
SECTION 13: That Title 8 of the Carlshad Municipal Code is
amended by the deletion of Chapter 8.40.
SECTION 14: That Title 8, Chapter 8.49 of the Carlsbad
Municipal Code is amended by the amendment of Section 8.49.030 to
read as follows:
"8.49.030 Consistency with Business and Professions Code.
Each sign, banner or other advertising medium posted or
displayed or maintained pursuant to the requirements of this
chapter shall be consistent with the provisions of Division 5,
Chapter 14, Article 12, Sections 13530 et.seq., of the California
Business and Professions Code."
SECTION 15: That Title 10, Chapter 10.12 of the Carlsbad
Municipal Code is amended by the deletion of Sections 10.12.020
and 10.12.070.
SECTION 16: That Title 10, Chapter 10.32 of the Carlsbad
Municipal Code is amended by the deletion of Section 10.32.020
and by the amendment of Section 10.32.060 by replacing the words
"Section 604.5" with the words "Section 332".
SECTION 17: That Title 10, Chapter 10.40 of the Carlsbad
Municipal Code is amended by the deletion of Section 10.40.070.
SECTION 18: That Title 10, Chapter 10.56 of the Carlsbad
Municipal Code is amended by the deletion of Sections 10.56.020,
10.56.050, and 10.56.090.
SECTION 19: That Title 11, Chapter 11.04 of the Carlsbad
Municipal Code is amended by the amendment of Section 11.04.020
to read as follows:
Page 4 or Ordinance No. 1296
.. .
1
2
3
4
5
6
7
8
9
10
11
12
19
20
21
22
23
24
25
26
27
28
"11.04.020 Sidewalk Width Requirements.
Sidewalks shall be constructed for all new development in
accordance with such City standards as the City Council by
resolution prescribes .'I
SECTION 20: That Title 11, Chapter 11.08 of the Carlsbad
Municipal Code is amended by the amendment of the second sentence
of Section 11.08.020 to read as follows:
"The City Clerk shall notify all effected property owners as
shown on the last equalized assessment roll and utilities
concerned by mail of the time and place of such hearings at least
fifteen days prior to the date thereof."
SECTION 21: That Title 11, Chapter 11.08 of the Carlsbad
Municipal Code is amended by the amendment of the first sentence
of Section 11.08.030 to read as follows:
"If after the public hearing the City Council determines that the City or a public utility has agreed to pay over 50 percent of all costs of conversion, excluding costs of users' connections to
underground electric or communication facilities and that the
public health, safety and welfare requires such removal and
underground installation, the City Council may by resolution declare the area an underground utility district and order the
work.
SECTION 22: That Title 11, Chapter 11.24, Section 11.24.130
of the Carlsbad Municipal Code is amended by the deletion of
SECTION 23: That Title 13, Chapter 13.04 of the Carlsbad
Municipal Code is amended by the deletion of Section 13.04.060.
SECTION 24: That Title 14, Chapter 14.08 of the Carlsbad
Municipal Code is amended by the deletion of Section 14.08.060.
SECTION 25: That Title 20 Chapter 20.48 of the Carlsbad
Municipal Code is amended by the deletion of Section 20.48.080.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
Page 5 of Ordinance No. 1296
..
1
2
3
4
5
6
7
e
9
10
11
12
5 18
19
20
21
22
23
24
25
26
27
28
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a reqular meeting of the
Carlsbad City Council held on the 14th day of
July , 1987, and thereafter;
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad on the 21st day of July I
1987, by the followinq vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABS ENT : None
APPROVED AS TO FORM AND LEGALITY
r?
. 7. 2 9%
Attorney
ATTEST:
Page 6 of Ordinance No. 1296