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04
City of Pleasanton
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2011
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3/9/2011 2:20:55 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/15/2011
DESTRUCT DATE
15Y
DOCUMENT NO
04
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BACKGROUND <br /> Each year, City staff finds out -of -date provisions in the Pleasanton Municipal Code and <br /> other City practices. However, these matters generally are so minor in nature that a <br /> stand -alone City Council agenda item to correct them is not warranted. <br /> Staff therefore proposes to begin an annual process of presenting to the City Council a <br /> single omnibus ordinance and related resolutions, as needed, to approve such minor <br /> and noncontroversial changes to the Pleasanton Municipal Code and other City <br /> practices. <br /> DISCUSSION <br /> This proposed omnibus ordinance and related resolution are for the following changes: <br /> Chapter 1.04 General Provisions — Clarify that there is a one (1) year statute of <br /> limitations to file a claim against the City for a refund. Also, add new provision requiring <br /> person challenging any tax first needs to pay before bringing legal action. <br /> Chapter 2.24 Fire Departrnent — Update code to reference the Livermore - Pleasanton <br /> Fire Department (LPFD), rather than the Pleasanton fire department, and related <br /> changes reflecting LPFD management and operations. <br /> Chapter 9.08 Litter — The federal Ninth Circuit Court of Appeals has ruled that <br /> municipal laws restricting the placement of handbills on vehicles violate the First <br /> Amendment, unless the handbills create significant litter. This amendment to Section <br /> 9.08.120 — Placing Handbills on Vehicles, is proposed to add that "significant litter" <br /> standard to the City's existing prohibition on placing handbills on vehicles. <br /> Chapter 9.14 Stormwater Management and Discharge Control — Amendment would <br /> provide authority for City staff to issue administrative citations for stormwater violations. <br /> This would be in addition to existing authority to charge violations as infractions and <br /> misdemeanors. Other modifications to reflect current NPDES permit, staff duties, <br /> references, and Federal requirements imposed by Clean Water Act permit — including <br /> that: (i) pools, spas and ponds should be drained to the sewer or landscaped areas; and <br /> (ii) markings on storm drains that say "No dumping, drains to bay" shall be maintained <br /> for the life of the project. <br /> Chapter 9.20 Garbage — Update to make scavenging recyclables from residents' blue <br /> bins, commercial bins and public trash cans punishable by an administrative citation or <br /> other penalties. <br /> Chapter 11.64 Parades — Amendments would comply with State law and precedential <br /> court decisions requiring more prompt City decision on parade applications, by having <br /> decisions made by the City Manager upon recommendation of the Chief of Police, and <br /> only to the City Council on appeal. Amendments would articulate criteria to approve or <br /> deny an application. The proposed modifications address First Amendment / freedom <br /> of speech concerns about prior restraint. There are exemptions for small groups <br /> Page 2 of 4 <br />
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