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HomeMy WebLinkAbout6.1 Repeal Selected Ala Co Ordinances `v C I T Y O F D U B L I N AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 13, 1989 SUBJECT: Repeal of Selected Alameda County Ordinances (Prepared by:, Lou Ann Riera-Texeira, Administrative Assistant to the City Manager) EXHIBITS: • Memoranda from Assistant City Attorney dated O tober 17, 1989 and April 28, 1986 o raft Ordinance RECOMMENDATION. • Open the Public Hearing • Receive Public Testimony • Close Public Hearing • Deliberate • Waive Reading and ADOPT Ordinance FINANCIAL STATEMENT: None DISCUSSION: At the City Council meeting of October 30, 1989 an Ordinance was introduced providing for the repeal of various provisions of the Alameda County Code which are no longer necessary. The provisions recommended for repeal by Book Publishing Company are either covered by State Law, not applicable to the City of Dublin, or have been replaced with City of Dublin Ordinances. The attached memorandum from the Assistant City Attorney dated April 28, 1986 highlights several of the items being recommended for repeal. Staff recommends that the City Council conduct a public hearing, waive the reading and adopt the Ordinance repealing selected Alameda County Ordinances. ITEM N0, C. / COPIES TO : OCT 2 01989 LVIEYERS, NAVE, RIBACK CITY OP DUBLIN MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE STEVEN R.MEYERS GATEWAY PLAZA 1220 HOWARD AVE..SUITE 250 NATALIE E.WEST BURLINGAME.CA 94010-4211 ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 (415)348-7130 MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 FAX(415)342-0886 MOLLY T.TAMI (415)351-4300 ANNE E.MUDGE FAX(415)351-4481 . MARIN OFFICE MICHAEL F.RODRIQUEZ 1202 GRANT AVE..SUITE E NOVATO.CA 94945 OF COUNSEL (415)892-8878 THOMAS F.BERTRAND MEMORANDUM REPLY TO: San Leandro • TO: Kay Keck DATE: October 17, 1989 Deputy City Clerk FROM: Elizabeth H. Silver Assistant: City Attorney RE: Repeal of Selected Alameda County Ordinances Enclosed is an ordinance which the Council should adopt to repeal various provisions of the Alameda County Code which are no longer necessary (provisions covered by State law, not applicable to City or replaced with City ordinances) . This ordinance contains those provisions idenfitified by Book Publishing Co. as needing to be repealed and several other sections which I had previously identified as not necessary (see enclosed memorandum of April 28, 1986. MEYERS, NAVE, RIBACK & WEST /4X-6/ Elizabeth H. Silver EHS:dlg encl. • 1 NAVE & SILVER OAKLAND OFFICE: MICHAEL R.NAVE -.� ATTORNEYS AT LAW -/ 4014 LAKESHORE AVENUE ELIZABETH H.SILVER 1220 HOWARD AVENUE. SUITE 250. OAKLAND.CALIFORNIA 94610 P.O. BOX 208 TELEPHONE:14151 420.7955 BURLINGAME. CALIFORNIA REPLY TO Oakland 94011 0208 (4151 348.7130 • MEMORANDUM TO: Richard Ambrose, City Manager DATE: 4/28/86 FROM: Elizabeth H. Silver RE : Municipal Code Attached are revisions to several draft ordinances (General Provisions, Licensing for Kennels, Peddlers, Private Patrol Operators, Auctioneers, Secondhand Dealers and Junk Dealers ) which I previously sent to you. I have added a section at the end to specify that the provisions of the Alameda County Code are superseded by the new ordinance, when enacted. Also enclosed is an ordinance which will repeal those chapters of the Alameda County Code which we will not be replacing : Title 2 , Chapter 1 - Auto Junk Yards (This is to be deleted, per my notes of our January 29 , 1986 , meeting since we don't have any automobile junk yards . ) Title 2 , Chapter 9 - Trailer Parks (This is to be deleted, per my notes of our January 29 , 1986 , meeting; state law now governs trailer parks. ) • Title 5 , Chapter 5 , Section 5-34 . 1 - Construction of Sidewalks (Unnecessary; covered by encroachment ordinance. ) Section 5-34.2 - Improper Use of Sidewalks (Covered by Vehicle Code S 21663. ) Section 5-34.4 - Fees for Traffic Reports (To be deleted, per my notes of our 1/29/86 meeting . ) Section 5-34 .6 - Drawbridges (To be deleted , per my notes of our 1/29/86 meeting . ) Chapter 6 of Title 2 of the Alameda County Code (Taxicabs ) has not been retyped. I sent it to you on February 13 , 1986, with suggested revisions. When retyped as a Dublin Ordinance, it should contain language superseding the County Code. /ea,' Elizabeth H. Silver EHS/cda Attachments • • IN THE CITY COUNCIL OF THE CITY OF DUBLIN ORDINANCE NO. -89 AN ORDINANCE REPEALING SELECTED ALAMEDA COUNTY ORDINANCES The City Council of the City of Dublin does ORDAIN as follows: Section 1. The following provisions of the Alameda County Code which were adopted by Dublin Ordinance No. 13 are hereby repealed: a) Title 2, Chapter 9 ; b) Title 4, Chapter 1, Articles 1, 2, 3 , 4 and 5; c) Title 4, Chapter 5, Article 2; d) Title 5, Chapter 2 , Article 3 ; e) Title 5, Chapter 3 ; f) Section 5-34. 0 of Chapter 5 of Title 5; g) Section 5-34 .1 of Chapter 5 of Title 5; h) Section 5-34 .2 of Chapter 5 of Title 5; i) Section 5-34.4 of Chapter 5 of Title 5; j ) Section 5-34 . 6 of Chapter 5 of Title 5; k) Title 2 , Chapter 1. Section 2 . Posting and Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at 1 least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of , 1989, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 114\ord\repeal.ehs 2 .\ 11