2013-07-16 CC MinutesRespond to Inland Empire Office
jbiggs@awattorneys.com
P 951.241.7338
CONFIDENTIAL - ATTORNEY CLIENT PRIVILEGED
MEMORANDUM
TO: Mayor Mann, Members of the City Council, City Manager
FROM: Julie Hayward Biggs, Office of the City Attorney
DATE: July 16, 2013
RE: Status of Pending Ordinance Amendments and City Policies
INTRODUCTION
In February of this year, we presented a listing of various ordinances that were
under review in the City and that needed to be prioritized for processing. We were
given suggested priorities and have been pursuing this project since that time. The
priorities were are follows:
Low Hanging Fruit High Priority
Noise Ordinance Code Enforcement Revisions
Parking Ordinance Temporary Signs
CEQA Guidelines Business Licenses
Conflict of Interest Code
Medium Priority Low Priority
Home Occupations Horse Boarding
Loitering/Sexual Offenders Personnel Rules
Parolee/Probationer Homes
Low Priority Canceled Ordinances
Horse Boarding Internet Cafes
Personnel Rules Wind Energy
Wind Energy
Mayor and City Councilmembers
Memorandum
July 16, 2013
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The following is an update of our efforts in this regard and with regard to other
ordinances that the Council has directed be proposed or revised.
DISCUSSION
1. Low Hanging Fruit
CEQA Guidelines have been prepared and adopted as has a new parking
ordinance.
The noise ordinance was brought forward and introduced but has been put on hold
pending adoption of the City’s General Plan because the Director of Community
Development determined that there were inconsistencies between the ordinance
provisions recommended by the Council subcommittee and the proposed new noise
provisions of the General Plan. The amendment to the existing noise ordinance was
limited to establishing sound level measurement procedures, imposing a restriction on
the installation and use of sound amplifying equipment and setting hour limitations. The
Council also adjusted weekend time limit when the ordinance came before it.
The parking ordinance amendment has been prepared and processed. It prohibits
parking of recreational vehicles on city streets except for 48 hours twice a month in
residential areas or with a permit issued by the City. Standards and procedures for
issuance of the permits are included.
2. High Priority
Several revisions to the enforcement procedures and penalties have been
prepared and adopted by the Council. It is now the standard in the City of Menifee that
violations of the City’s Municipal Code are deemed to be misdemeanors unless they are
reduced to infractions. In addition, several changes were made to certain provisions of
the zoning code to clarify procedures and standards.
The business license ordinance has been revised to require compliance with all
other City codes prior to issuance of a business license. To address existing
businesses that are not in compliance with City codes, the business license ordinance
was further revised to establish a procedure for such businesses to come into
compliance by January 1, 2013.
The Conflict of Interest Code, which had not been properly adopted by the City
upon its incorporation, was re-processed and is now properly in effect. Similarly a
clean-up ordinance identifying certain other errors in various start-up ordinances was
processed and enacted by the City.
Mayor and City Councilmembers
Memorandum
July 16, 2013
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No action has been initiated with regard to temporary signs. The Economic
Development Director proposed adoption of a temporary sign ordinance as a means of
sparking business activity in the City. A rough draft of the ordinance was prepared but
review by the Community Development Director has revealed that it appeared to be
inconsistent with other provisions of the zoning code and the City’s General Plan.
3. Medium Priority
We have prepared an analysis of the current Home Occupations ordinance and
will be presenting it to the Council at the first meeting in August to obtain direction as to
potential changes that the Council may wish to enact. In addition, we have prepared
and will also bring forward for review a Cottage Food Operations ordinance pursuant to
the law that took effect on January 1, 2013 establishing new regulations for “cottage
food operations” taking place in private homes.
No action has been initiated with regard to loitering/sexual offender or
parolee/probationer homes ordinances.
4. Low Priority
The draft of the horse boarding ordinance prepared by the Council subcommittee
has not been brought forward to date, nor has it been further reviewed or changed. If
enacted in its current state, this ordinance would address commercial horse operations
and stables by requiring a Conditional Use Permit for such uses. Before issuance of a
CUP, the City would review the application for the hours of operation, number of horses
to be boarded, number of employees, planned events and other issues. A manure
management plan would be required among other regulations. This ordinance has
been drafted but not reviewed for presentation to the City Council since August of 2011.
There are questions outstanding about the degree of discretion that will be permitted
and various other policy issues as well.
Personnel rules have been drafted and reviewed and are ready to be brought
forward to the Council for action
5. Additional Ordinances
In addition to the specific ordinances brought forth in February of 2013, several
other issues have resulted in the proposal of new or revised ordinances. The metal
container ordinance proposal resulted initially in adoption of a moratorium ordinance
Mayor and City Councilmembers
Memorandum
July 16, 2013
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halting approval and processing of permits for future installations. The metal container
issue is still being processed by the City.
Requests to the City to establish a process for approving underground safety
facilities in the City also resulted in adoption of certain changes to the zoning ordinance.
The City had previously adopted a moratorium on such installations, but it had lapsed.
CONCLUSION
Significant progress has been made toward processing various Code provisions
to enhance the ability of the City of Menifee to properly administer and enforce its laws
and standards to assure the quality of life enjoyed by its residents.
Respectfully submitted,
JULIE HAYWARD BIGGS, ESQ.
City Attorney
of Aleshire & Wynder, LLP