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1976-0901_CALIFORNIA CODE SERVICE_Agreement0 a RECEIVED SEP It 9 23 p *7S AGREEMENT CITY OF SAN i1jAN ' This agreement, made and entered into this ... �day of .... ShPTEM&E&.CAFI.. ., 1 §P and between theUAN...CAPLSTLUT_Qra governmental corporation, called .GLT.Y._...._., and CALIFORNIA CODE SERVICE, called SERVICE, WITNESSETH: WHEREAS, --- desires the codification of its ordinances, and WHEREAS, SERVICE is experienced in the field of preparing municipal codes and is willing to render such service on the basis hereinafter provided, NOW, THEREFORE, it is mutually agreed as follows: 1. CODIFICATION. SERVICE will prepare a municipal code for .CITY........ in accordance with the following provisions: (a) The Code will functionally integrate those portions of the ordinances of _Z:LT'y ........... which have not been repealed, amended, or superseded and which are of a general and permanent nature. It is agreed that SERVICE shall not be obligated to codify any ordinance adopted after the execution of this agreement without additional compensation as provided herein. (b) Following the initial review of the ordinances by SERVICE, all provisions appearing to be obsolete, repealed by implication, or in conflict with local or State laws shall be set forth on typewritten preliminary tables of distribution which shall be transmitted to the .10.111...-TTOFI.(1FATiogether with ex- planations and recommendations, for his review and final ruling and returned to SERVICE within thirty (30) days. Such tables shall show the proposed organization of the Code and the distribution and disposition of all ordinances. Recommendations with respect to the adoption of appropriate legislation not covered by existing laws shall also be transmitted. (c) Following the final ruling of the ..EyTy... ATT.Q&rZ.Y. as to the material to be codified, SERVICE shall classify such material by subject matter into titles, chapters, articles, and sections with appro- priate headings and catchlines for each. SERVICE shall edit such material by coordinating, modernizing, and standardizing the language. Source lines delineating the ordinance number and section number shall follow each section codified. A table of contents and title index sheets shall be prepared. Separate tables shall be prepared showing the distribution of each ordinance adopted by .....EITY.___ into the Code or showing its repeal, the special ordinances not codified but to remain in effect, and suspended ordinances, if any, as agreed by ....CITY.______ and SERVICE following the initial review of ordinances. (d) All ordinances of a general nature adopted by -----CITY.__.. during the codification period shall be integrated into the Code. The editorial manuscript of the Code shall be typed by SERVICE, and three (3) copies of such manuscript shall be forwarded to ...CTX....... for its approval and adoption forthwith. Any changes desired by --- CITY ------- after the preparation of the manuscript shall be included without addi- tional cost provided such changes are consistent with the approved preliminary tables referred to in para- graph (b) of this paragraph. Any substantial changes requested from the approved tables of disposition shall be subject to the payment by .... CIM... of the reasonable value of the services performed and expenses incurred by SERVICE in making the requested changes, including the cost of correcting and retyping pages, proofreading, editing, and similar work. (e) The necessary legal documents required for the adoption of the Code shall be prepared by SERVICE and transmitted to ......CITY._.. with the manuscript. 2. PRINTING. Upon receipt of notification that the Code has been adopted by .... CITY ... .., SERVICE, at its own expense, shall cause the Code to be printed. Such printing shall conform to the following provisions: (a) One hundred (100) copies of the Code shall be printed and assembled. (b) The text of the Code shall be printed in Roman type. (c) Title headings and section catchlines shall be printed in larger distinguishable type. (d) The Code shall be printed on English finish book paper, fifty (50) pound substance, or equivalent, on one side of the paper. (e) A comprehensive word index of all material in the text of the Code shall be prepared and included in the printed Code. (f) Fifty (50) copies of the printed Code shall be assembled in binders with a metal back, three (3) prongs, eight (811) by ten (1011) inches, with a three (31') inch capacity. The cover of the binder shall be full levant -grain simulated leather over heavy binder board, stamped and embossed with gold lettering, and with rounded corners. Fifty (50) copies of the pprinted Code shall be assembled and packaged in .C.QLLATED .......... form. 'k ee ADDENDUM NU. 1. (g) The fifty (50) copies of the Code assembled in binders shall include a set of cardboard dividers with the printing enclosed in colored plastic tabs. 3. COPIES OF ORDINANCES. ------GITY_.... hereby agrees to furnish SERVICE with two (2) legible copies (three (3) copies of ordinances printed on both sides of a sheet) of each of its ordinances which has been adopted up to and including the date of the execution of this agreement, plus two (2) copies of each ordinance adopted thereafter and prior to the termination of this agreement. i t V I lk 1 / � j0 �11� co M �— G3A13;0Ili cocn ; pppg� 1 I K� MRS. DONALD G. ARCHER CALIFORNIA CODE SERVICE 1205 MOUNT VERNON DRIVE MODESTO, CALIFORNIA 95350 RECEIVED January 29, 1980 f 1 2 of PM fl1YC:�7 Mrs. Mary Ann Hanover SAN JUi,N City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mary Ann: Here are the copies of the resolutions you re- quested today which you can use for form in establishing charges for the sale and mainten- ance of the proposed San Juan Capistrano Muni- cipal Code. I was happy to hear that we will soon be able to eliminate the word "proposed" before the words "San Juan Capistrano Municipal Code". If you are not going to exercise the option set forth in Addendum No. 1 to our agreement for codification services relating to the purchase of binders for the Code, we will want to know shortly after the adoption of the Code the color you want. Normally we purchase green binders, with gold lettering, but they also come in maroon and black. We will look forward to receiving copies of the ordinance adopting the Code. Sincerely, CALIFORNIA CODE SERVICE v LCGLLL By RUTH ARCHER (Mrs. Donald G. Archer) enclosures RESOLUTION NO, MRS. DONALD 0. ARCHER 1205 Mount Vernon Drive RESOLUTION OF THE COUNCIL OF THE CITY Modesto, California 95350 OF ESTABLISHING C AND MAINTENANCE OF THE MUNICIPAL CODE. WHEREAS, the laws of the City have been compiled and codified in the Municipal Code; and WHEREAS, said Code has been published and is available for sale to the public; NOW, THEREFORE, the Council of the City of resolves as follows: Section 1. The following charges are hereby established for the sale of the Municipal Code to the public: (a) The sale price for the Municipal Code ( volumes) is hereby fixed in the amount -67— $50. 00, T$50.00, in binders, including sales tax. Section 2. The following charges are hereby established for supplying various aspects of the Municipal Code to the public: (a) Annual continuing Code service: $25.00 per year, including mailing costs and sales tax. (b) Each page of the Municipal Code: $0.10, including sales tax (minimum charge $0.25), Section S. The City Clerk shall certify to the adoption of this resolution, and shall cause this resolution and his certification to be entered in the Book of Resolutions of the Council of this City. Adopted the day of , 1968. Mayor of the City of California ATTEST: (SEAL) City Clerrc w ' i RESOLUTION NO. 1427 RESOLUTION OF THE COUNCIL OF THE CITY OF LOS BANOS ESTABLISHING CHARGES FOR THE SALE 1 AND MAINTENANCE OF THE LOS BANOS 'MUNICIPAL CODE. 2 (:I �LCiYK� 3 WHEREAS, the laws of the City have been compiled and 4 codified in the Municipal Code; and 5 WHEREAS, said code has been published and is available 6 for sale to the public; 7 8 NOW, THEREFORE, the Council of the City of Los Banos 9 resolves as follows: 10 Section 1. The following charges are hereby established 11 for the sale of the Municipal Code to the public: 12 (a) The sale price for the Municipal Code (1 13 volume ) is hereby fixed in the amount of $50.00, in binders, including sales tax. 14 Section 2. The following charges are hereby established for 15 16 supplying various aspects of the Municipal Code to the public: 17 I', (a) Annual continuing Code service: $5.00 per ve<'', including mailing costs and sales tax. 1S (b) Each page of the Municipal Code: $0.10, includ i.g 19 sales tax (minimum charge $0.25). 20 Section 3. The City Clerk shall certify to the adoption of 21 I' this resolution, and shall cause this resolution and his certification zo be 22 entered in the Book of Resolutions of the Council of this City. 23 Adopted the 20th day of January 1971, by the following vote: 24 25 AYES: Councilman Mastrangelo, Van Winkle and Acting Mayor Torre. 26 NOES: Councilmen none. 27 ABSENT: Mayor Pro -tem Austin and Mayor Lower. 28 29 APPROVED: i-�(����C Act g Mayor of the City of Los Banos. 30 ATTEST:? ��<s 31 City Clerk of the City of Los Banos 32 ! AVIS. DONALD G. ARCHEI! 1205 !glint Vernon Drive RESOLUTiOM WGO. 2463 M desto, Californta 95350 (Establishing. Charges for -the Sale and Maintenance of the Plumas County Code) WHEREAS, the laws of the County of Plumes have been compiled and codified in the Plumes County Code, 1973 Edition; and WHEREAS, said Code is to be published and will be available for sale to the public; NOW, THEREFORE, the Board of Supervisors of the County of Plumas resolves as follows: Section 1. The following charges are hereby established for the sale of the Plumas County Code, 1973 Edition, to the public: (a) The sale price for the Plumes County Code „ 1973 Edition, (1 volume) is hereby fixed in the amount of $50.00, in binders, including sales tax. Section 2. The following charges are hereby established for supplying various aspects of the Plumes County Code to the public: (a) Annual continuing Code service: $25.00 per year, including mailing costs and sales tax, (b) Each page of the Plumes County Code: $0.259 including sales tax (minimum charge $1.00). The foregoing Resolution was duly passed end adopted by the Board of Supervisors of the County of Plumes, State of California, at a regular meeting of said Board held on the 5th day of June, 1973, by the following vote: AYES: Supervisors: Jeskey, Ross and Dean NOES; Supervisors: None ABSENT: Supervisors: Bohne and Crivello �s/ T.ar Dean Zhafrm ar o Supervisors County of Plumes ',:.Ef'TIFY 'i.#:1'i ', i fon°::��1f,1;� 1 ATTEST; IRUFANC Ci��RaEC'.' COPY OP ', )!6.3 ,COATED i!Y 1 HE BOARD OF SUPERVI5O )F PLUMA,S COUVFY, CALIFOrtNIA, Oh, /s/ Raynelle Slaten xv S: ........ 1,73 County Clerk and x -o c o er G Supervisors RAY • • 1 of said Board of Su i �x.�. p RAY LLE StAT[N, COUNTY CLE7K & EX -OFFICIO CLERK OF THE BOARD OF WIRVISORS Post Office Bax 3N6X 749 Atascadero, X.)Mxcaliforni-=Wc 93422 805-466-567$ amm california code service Northern California Office at: 1205 Drive June 28, 1979 Mod sto,ount Californian 95350 209-523-5407 Mr. James S. Okazaki City Attorney City of San Juan Capistrano 4910 Birch Street, Suite 200 Newport Beach, California 92660 Dear Mr. Okazaki: Reply to: Atascadero In accordance with the provisions of paragraph 1 (e) of our agreement for the codification of the ordinances of the City of San Juan Capistrano, we are enclosing the following docu- ments: (1) A suggested ordinance adopting the Code; (2) A suggested resolution fixing the time and place for a public hearing in the matter of the adoption of the Code; and (3) A suggested form of notice of the hearing which must be published. The procedure for the adoption of the Code is set forth in Sections 50022.1 through 50022.10 of the Government Code. Basically, the procedure is as follows: (1) Introduce the ordinance adopting the Code; (2) Adopt the resolution fixing the time and place for the public hearing on the Code (this may be done at the same time as the introduction of the ordinance); (3) The City Clerk publishes the notice of the hearing twice in the official newspaper of the City, once at least eight days prior to the hearing and once at least 15 days prior to the hearing; n 6, (4) The Council conducts the hearing at the appointed time and place; and (5) The Council adopts the ordinance adopting the Code following the conclusion of the hearing. From the time of the introduction of the ordinance to adopt the Code, and thereafter as a permanent record, three copies of the manuscript and three copies of each of the primary and secondary Codes therein adopted by reference must be on file in the office of the City Clerk for public inspection. Mr. James S. Okazaki City of San Juan Capistrano June 28, 1979 Page Two 0 The Code contains all ordinances adopted by the City through Ordinance No. 379. You will note that Section 2 of the pro- posed ordinance adopting the Code contains a blank space for the insertion of the numbers of any ordinances introduced and/or adopted and not included in the typewritten manuscript. This space must be filled in with the last number of such ordinances. You will note that the provisions of this section also give us the authority to codify these ordinances. When placing the Code on the agenda for adoption, the Council should be made aware of the fact that the manuscript contains only the present laws of the City and that no substantive V changes were made to any of the laws of the City during the codification process. Following the adoption of the Code, we will need the full names of the Mayor and Councilmembers in office when the Code was adopted to add to the title page of the Code at the time of its printing. We can also add to the title page the names of any other officers or any other information you believe de- sirable. Under the provisions of our agreement for codification services, we will print 100 copies of the Code. Fifty of the copies will be collated and assembled in binders. The remaining fifty --- copies can either be collated into complete Codes without bind- ers, but wrapped individually, or they can be uncollated and packaged by separate pages so that they can be stored by page number in slotted shelving for over-the-counter sales. The City Clerk should make this decision shortly so that the collat- ing instructions can be given to the print shop prior to the printing of the Code. Before the Code is transmitted to the print shop, we will need to know whether or not the City wants any extra copies of any of the Code pages for over-the-counter sales. If we know in ad- vance of any printing we do for you (either on the original printing of the Code or on any later reprinting), we can have extra copies of any Code page made for 40 per page, whether you want only ten extra copies or 1,000. This is less than most copies made on a copying machine. However, this low rate applies only if we know before the copy is set in type. Mr. James S. Okazaki City of San Juan Capistrano June 28, 1979 Page Three You may want to recommend to the Council the adoption of a resolution setting charges for copies of the Code, for con- tinuing reprint services, and for individual Code pages. We --- ' can provide you with a form resolution for this if you so request. As soon as you advise us that the Code has been adopted, we will order the binders and begin the indexing and printing. We plan to order grreaibinders with gold imprinting, but if ✓ you prefer a maroon or black binder, please let us know. We remind you that ordinances adopted after the adoption of the Code must amend the Code (except for those of a special nature like those listed in Table 2 of the Appendix). You will have to use the typewritten manuscript when preparing legislation amending the Code until the printed copies are received. It was a pleasure to prepare the San Juan Capistrano Munici- pal Code. We feel that you have a very workable document, and when the printed copies of the Code are received, with its comprehensive index included, you will have all of the laws of the City, except those of a special nature listed in Table 2 of the Appendix, at your fingertips for ready refer- ence. We trust we will hear from you soon relative to of the Code. If you have any questions, be sure know; otherwise we will assume that the adoption are taking place. Sincerely, CALIFORNIA CODE SERVICE By A ft URIMES 1 �c AG/r enclosures cc: James S. Mocalis, City Manager Mary Ann Hanover, City Clerk the adoption to let us proceedings ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, STATE OF CALI- FORNIA, ADOPTING THE SAN JUAN CAPISTRANO MUNICIPAL CODE, TOGETHER WITH THE FOLLOWING SECONDARY CODES THEREIN ADOPTED BY REFERENCE, TO WIT: THAT CERTAIN CODE ENTITLED "UNIFORM FIRE CODE", 1976 EDITION, INCLUDING ITS APPENDICES, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FIRE CHIEFS ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; THOSE CERTAIN CODES ENTITLED "UNIFORM BUILDING CODE", 1976 EDITION, INCLUDING THE APPENDIX THERETO "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS", 197t EDITION, "UNIFORM HOUSING CODE", 1976 EDITION, "UNIFORM MECHANICAL CODE", 1976 EDITION, INCLUDING ITS APPENDICES AND THE UNIFORM BUILDING CODE STANDARDS SET FORTH THEREIN, AND THE "UNIFORM SWIMMING POOL CODE",'1976 EDITION, ALL PUBLISHED BY THE INTERNATIONAL CONFER- ENCE OF BUILDING OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; THAT CERTAIN CODE ENTITLED "NATIONAL ELECTRICAL CODE", 1978 EDITION, INCLUDING THE APPENDIX THERETO, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR A14ENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; AND THAT CERTAIN CODE ENTITLED "UNIFORM PLUMBING CODE", 1976 EDITION, INCLUDING APPENDICES A, B, C, D, H, AND I. PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, SAVE AND EXCEPT SUCH PORTIONS THEREOF AS ARE DELETED, MODIFIED, OR AMENDED BY THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; PRESCRIBING CERTAIN PENALTIES FOR THE VIOLATION OF THE PRO- VISIONS THEREOF; AND REPEALING CERTAIN ORDINANCES AS SPECIFIED THEREIN The City Coundil of the City of San Juan Capistrano, California, does hereby ordain as follows: Sec. 1. Adoption of the San Juan Capistrano Municipal Code. That certain document entitled "San Juan Capistrano Municipal Code", including the Appendix thereto, three (3) copies of which have been filed and are on file in the office of the City Clerk for public inspection, to- gether with the secondary Codes therein adopted by reference, is hereby adopted by reference as a comprehensive ordinance Code for the City of San Juan Capistrano pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein, and made a part of this ordinance as if fully set forth in this ordi- nance. - 1 - Sec. 2. Certain ordinances to remain in effect. Those certain ordinances of the City of San Juan Capistrano which are listed in Table 2 of the Appendix to the San Juan Capistrano Municipal Code shall not be repealed but shall remain in full force and effect. In addition to the foregoing ordinances, Ordinance Nos. 380 through shall remain in full force and effect pending their codification and in- corporation into the San Juan Capistrano Municipal Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said.Code being hereby authorized and approved. Sec. 3. Savings provisions. The repealing provisions of the San Juan Capistrano Municipal Code shall not affect or impair any act done or right vested or approved, or any proceeding, suit, or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all, intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or for- feiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecu- tions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered. Sec. 4. Violations of Code provisions: Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the San Juan Capistrano Municipal Code or the provisions of any Code adopted by reference by said Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of the San Juan Capistrano Municipal Code shall be guilty of a misdemeanor or an infraction as designated by, - 2 - .«..—".n � "'.-. -"ii 8`.�. \` ...� «. n :"-�..�._ xf � _>i `f'}'•i: ),Y a.. nvc �s-:.n:. x .la» '. *"".x.: � .'s!.. .. �.v..:'�.` -'S .l1 .. Sec. 2. Certain ordinances to remain in effect. Those certain ordinances of the City of San Juan Capistrano which are listed in Table 2 of the Appendix to the San Juan Capistrano Municipal Code shall not be repealed but shall remain in full force and effect. In addition to the foregoing ordinances, Ordinance Nos. 380 through shall remain in full force and effect pending their codification and in- corporation into the San Juan Capistrano Municipal Code following its adoption as modifications thereto, the incorporation and codification of said ordinances into said.Code being hereby authorized and approved. Sec. 3. Savings provisions. The repealing provisions of the San Juan Capistrano Municipal Code shall not affect or impair any act done or right vested or approved, or any proceeding, suit, or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all, intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or for- feiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecu- tions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered. Sec. 4. Violations of Code provisions: Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the San Juan Capistrano Municipal Code or the provisions of any Code adopted by reference by said Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of the San Juan Capistrano Municipal Code shall be guilty of a misdemeanor or an infraction as designated by, - 2 - - - ,;�h rwr. ^?r. :.:a:,.-ri•wF�"-:.s��n. ?w.vgq ^pren-. ... m-. +x. .,. ... _.--.. � s. . .. and provided for, in Sections 16, 17, 19c, and 19d of the Penal Code of the State of California and as expressly specified in Section 40000 of the Vehi- cle Code of the State of California. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the San Juan Capistrano Municipal Code,or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted by such person and shall be punishable accordingly. Any person convicted of a misdemeanor under the provisions of the San Juan Capistrano Municipal Code shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of the San Juan Capistrano Municipal Code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths 050.00) Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred and no/100ths ($100.00) Dollars, and for a third or any subse- quent conviction within a period of one year by a fine of not more than Two Hundred Fifty and no/100ths ($250.00) Dollars. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of the San Juan Capistrano Municipal Code, or the provisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of said Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. Sec. 5. Effective date: Posting. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and approval and shall be posted in three (3) public places within the City within fifteen - 3 - • (15) days after the date of its passage. Sec. 6. Certification of City Clerk. The City Clerk shall certify to the adoption of this ordinance and cause it to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this day of , 19792 by the following vote, to wit: AYES: Councilmen NOES: ABSENT: ATTEST: Mary Ann Hanover, City Clerk (SEAL) - 4 - , Mayor i ,,,' 0 RESOLUTION NO. 7,—o.,-U:.A:"„ .is _ • A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO FIXING THE TIME AND PLACE FOR A PUBLIC HEARING IN THE MATTER OF THE ADOPTION OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE WHEREAS, three (3) copies of that certain document entitled "San Juan Capistrano Municipal Code", including the Appendix thereto, have been filed and are on file in the office of the City Clerk for public inspection, and WHEREAS, the Council of the City of San Juan Capistrano has introduced a proposed ordinance to adopt said Code as a comprehensive ordinance Code for the City of San Juan Capistrano in accordance with the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and WHEREAS, Section 50022.3 of the Government Code of the State of Cali- fornia provides that after the first reading of the title of an ordinance adopting a comprehensive ordinance Code by reference and the titles of the secondary Codes therein adopted by reference, the legislative body shall schedule a public hearing thereon, NOW, THEREFORE, the Council of the City of San Juan Capistrano does resolve as follows: SECTION 1. The day of 1° , at p.m. in the Council Chamber of the City Hall of the City of San Juan Capistrano, California, is hereby fixed as the time and place for the public hearing in the matter of the adoption of the San Juan Capistrano Municipal Code. SECTION 2. The City Clerk is hereby directed to publish notices of said hearing twice in , once at least eight (8) days preceding the hearing, and once at least fifteen (15) days pre- ceding the hearing. Said notice shall state the time and place of the hear- ing. The notice shall also state that copies of the San Juan Capistrano Municipal Code and copies of the secondary Codes being considered for adoption are on file in the office of the City Clerk and are open to public inspection. Said notice shall also contain the following description to give notice to - 1 - • interested persons of the purpose of the ordinance and the subject matter thereof: The Council of the City of San Juan Capistrano proposes to adopt an ordinance adopting the San Juan Capistrano Municipal Code which consists of a compilation and functional arrangement of the valid, existing, and effect- ive ordinances of the City of San Juan Capistrano. The Code constitutes a codification of existing ordinances and does not include new or additional laws or regulations. Only such restatements and substantive changes to the existing ordinances as are necessary for clarity have been made in the com- prehensive ordinance Code. The Code consists of nine (9) titles covering the following subjects: general provisions; administration; finance; public safety; public welfare; sanitation and health; public works; building regu- lations; and land use. PASSED, APPROVED, AND ADOPTED this 19 , by the following vote, to wit: AYES NOES: ABSENT: ATTEST: Councilmen Mary Ann Hanover, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) day of , , Mayor I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the day of _ _, 1979. (SEAL) - 2 - Mary Ann Hanover, City Clerk • NOTICE NOTICE IS HEREBY GIVEN to all interested persons that the Council of the City of San Juan Capistrano has fixed the day of , 1979, at p.m. in the Council Chamber of the City Hall of San Juan Capistrano, State of California, as the time and place for a public hearing at which the City Council will consider the adoption of an ordinance adopt- ing the San Juan Capistrano Municipal Code, together with the secondary Codes therein adopted by reference. Copies of the San Juan Capistrano Municipal Code and copies of the secondary Codes therein adopted by reference are on file in the office of the City Clerk of the City of San Juan Capistrano and are open to public inspection. The Council of the City of San Juan Capistrano proposes to adopt an ordinance adopting the San Juan Capistrano Municipal Code which consists of a compilation and functional arrangement of the valid, existing, and effect- ive ordinances of the City of San Juan Capistrano. The Code constitutes a codification of existing ordinances and does not include new or additional laws or regulations. Only such restatements and substantive changes to the existing ordinances as are necessary for clarity have been made in the com- prehensive ordinance Code. The Code consists of nine (9) titles covering the following subjects: general provisions; administration; finance; public safety; public welfare; sanitation and health; public works; building regu- lations; and land use. Dated: San Juan Capistrano, California 1979 LI dr_PS(1-,, Tilt: CITY OF GI:N JUiiN CW PISTR AN,:), STATL OF CALI- rCi;11I:',, Tki SA:1d JU%N CAP1 iTtA.NO 1y1UN1-1PAL CODE T'JG"Th&R THMEIN AijOPTED BY i) '.IT: 'if'AT^,"::RT,'.Iid O PTTITI: D"UNIF+)T:' IRs CODI'1, 1976 ITION, If4CLUDI;;', ITS I.::;;PdDI^,'S.', UBLI:HED DY THE INTr,R7Tf',TIi.;tvAL C"_iIF"iat` NCS OF BUILDI`]G r,FFICIi,LS Allb TH � CHIEFS S I:)N, SLV!: :!N' IliRCi:PT SUCH P();,'T!`�NS TH;EEOF AS ARE DEL76'I"U, 'R :,.:'i,"d: :1 BY TF',' PISVl1�IQMS ,)F TH`5 SA,- JUAW Ct, P13TRANO cITi"ITPhL C'•"DE; T[i0S1; Cr;?Ti,IN "OLES iMITLisF BUILDING CODE", 1976 DITI'ia, I1d"1UDIV1G trig, liP ENDIX TflERET'O "UNIFORM CWL' t -r; TH'. ,B?T:,.:r.:'iT li DAYG XU3 BUI.L')iNGS", 1971 LbITIoN, "U?1IFO':E:: ItOUSIfi^ C(Ui's", 1976 EDITInN, "UNI1�C1iL .,ij'?CN,'NIC.,L CODE", 1976 F,DITIC)NI I'i^Lt1JJ ITS L.=_NbIC`sS :,Nu THE, UIVIFOb,a BUILDING ANll Tt`i�' "UNIFOit:" ?OOL 1976 EDITION, ALL iUBLI;:I1;;D BY TH iNT`;itsr:'iIGiVAL _,T;CE ^F BUILDING OFit'ICI:';L:i ,V: AND AND iI'XC=.PT ,[;,i1 POF.TI,M) i'H'R"OF r' -..`':f LL'L' T i, :'Q_aIF`I';:i, t•r, ti?�..`,'u.:U ,;Y 'iH::- -1<t,'•VI:I.�N� t)F THs dAN JU1,'.: "IiPII--;Tib NC 1'i ICCI;"AL :'ODZ; THI,T CtfMiIid CODs; ENTITLED "NA'i'It:'AL s'L CTRICI.L Cii11r ", 1978 i DITION, iN;LUDING THE Ai'FlifdDl$ I Tt. rv`!i •r m r - )m.(, o.•U^iATI0id7 L3� ci 1 .�, t�AiI,1PvAL i''hi`t L(u,,, ,i?E .1 1f,V1; 'ai; tiC1.-.i:;'i 0 0 .ec. 2. Certain ordinances to remain in effect. 'i'hose certain ordinances of the City of San Juan Capistrano which are listed in Table 2 of the Appendix to the "an Juan Capistrano Municipal Code shall not be repealed but shall remain in full force and effect. In addition to the foregoing ordinances, Ordinance Nos. 380 through shall remain in full force and effect pending their codification and in- corporation into the San Juan Capistrano ',,hznicipal Code following its adortion as modifications thereto, the incorporation and codification of said ordinances into said Code being hereby authorized and a„proved. :pec. 3. Savinrs provisions. The repoalinf; provisions of the San Juan Capistrano ilunieipal Code Shall not affect or impair any act done or right vested or approved, or any proceeding, suit, or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or I;roceedinF, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or for- feiture, either civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration; but prosecu- tions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been rer,ealed or altered. vec. Violations of Code rrovisions: Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the regv.irements of the San Juan Capistrano Municipal Code or the rrovisions of any Code adopted by reference by said Code. Any Berson violating any of such provisions or failing; to comrly with any of the mandatory renuirements of the 13an Juan Capistrano =`4unicipal Code shall be guilty of a :misdemeanor or on infraction as designated by, - 2 - Ll an,.; rrovided tor, in erections 16, 17, 19e, and 19d of the renal Code of the -,tate of California and as expressly specified in lection 40000 of the Vehi- cle Code of the State of California. !'ach such person shall be guilty of a separate offense for each and every day durinE any portion of which any violation of any provision of the San Juan Capistrano Municipal Code,or the rrovisions of any Code adopted by reference by said Code, is co:timitted, continued, or Uermitted by such person and shall be punishable accordingly. Any person convicted of a misdemeanor under the provisions of the -,an Juan Capistrano i,lunicipal Code, shall be punishable by a fine of not more than Five Hundred and no/100ths (*WO -00) collars, or by -imprisonment, in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Any person convicted of an infraction under the provisions of the San Juan Capistrano Mkinicipal Code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths (W-00) Dollars, for a second conviction within a period of one year b, a fine of not more than One Hundred and no/100ths (le -100.00) Dollars, and for a third or any subse- quent conviction within a period of one year by a fine of not more than Two hundred Fifty and no/100ths (1°250.00.) Dollars. In addition to the penalties provided by this section, any condition caused or ^ermitted to exist in violation of any of the provisions of the San Juan Capistrano `unicipal Code, or this rrovisions of any Code adopted by reference by said Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of said 'ode shall be deemed a Tublic nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense. Sec. 5. Wffective date: Posting. This ordinance shall go into effect end b,-� in full force and operation from and after thirty (30) days after its final passage and api-roval and shall be rested in three (3) public slates within the -ity within fifteen - 3 - %Mi? 1:3:, _ ..vim , iY %_. • (15) days rfter the date of its rasarre. Sec. 6. Certification of Cid Clerk. The City Clerk shall certify to the adoption of this ordinance and cause it to be nested in the duly designated ,osting -laces aithin the City of Jan Juan Cr_=pistrano within fifteen (15) days after its ,:.assn-ge. this day of , 1979, bY! the follovrinm vote, to wit: AY:-,:> A 3:;- :T: ATTEST: Councilmen Aary Ann Iianover, City Clerk (SEAL) - 4 - Mayor CITY -I)F 'AN JLi.li C"PI-TiiLiO i'1a11iG-Till: TIid Hi' ,: _Mfrj Int TH,_; �iIATT.:"c A:DO;'TIO$ OF f r. 'T n i 1 r.r 'T iODLl �6f� J.�.Ad C,FI�.d«�I�O I�,L�:I:Ii.,�, �. :Fi;;RE/S, three (3) conies of that certain document sntitled "San Juan Caristrano iTunicirjal Code", including the Appendix thereto, have been filed and are on file in the office of.the City Clerk for public inspection, and iiGhsi, , the Council of the City of San Juan Caristrano has introduced a rro-osed ordinance to adopt said Code as a comprehensive ordinance Code for the City of San Juan Ca,-istrano in accordance with the rrovisions of Article 2 of Chanter 1 of Part I of Division 1 of Title 5 of the Govern,,ent Code of the State of California, and Section 50022.3 of the Government Code of the :'tate of Cali- fornia -rovides that after the first readinf- of the title of an ordinance etdoptin a comrrehensive ordinance Code by reference.and the titles of the secondary `-odes th-crein adopted by reference, the legislative body shall schedule a rublic he.!.rin, thereon, =;;FOR'-, the. Council of the City of San Juan Caristrano does resolve as follows: 1. The day of , 1979, at p.m* in the ^auncil Chamber of the City Tall of the City of San Juan Capistrano, California, is hereby fixed as the, time and rlace zor the public hearing in the natter of the adoption of the San Juan Capistrano i.lunicipal ,ode. S::CTI;`, 2. The City Clerk is hereby directed to publish notices of said hearing twice in , once at least eight (f') days precedin- the hearing, and once at least _fifteen (15) days pre- eedinfy, th hearing, Said notice sh ll state the time and rlace of the hear - ins;. The notice shall also state that copies of the `:an Juan Caoistrano .unicipal ^ode and conies of t.le secondary Codes b,ain„ considered .for adoption are on file in t';e office of the City Clerk and are orlon to ,ublic ins,-ection. Said notice shall also contain the following description to give notice to - 1 - 4 • • interested person -o of tYlo ,nrr.ose .)f tl_� ordiinance ant, the subject :atter thereof: The Council of the City of man Juan Capistrano nro-uses to adopt an ordinance auortin,7 the San Juan Capistrano pfuniciP<.1 Code wnich consists of a coapilation and functional arrangement of the valid, existin;_, and effect- ive ordinances of the City of San Juan Capistrano. The Code constitutes a coai:ication of existing ordinances and does not inc.ude new or additional 1as^rs 7r rQr-ulations. ^nly such restatements and substantive chanf-es to the existin'7 ordin,=nces a_ are necessary for clarity have been -lade in the com- prehe=nsive ordinance Code. The Code consists of nine (9) titles covering the following subjscts: general- provisions; administration; finance; Public sai'ety; public welfare; sanitation and health; public works; building regu- lations; and land use. .i" _":'JD this day ;of 1979, by the following vote, to wit: 1sY..;: - ouncilmen B`. 1T Mayor A.TT' .T: 1 iary Ann Ranover, rity Clerk ''F Cj lLI Y`'R 'IIi� ) rUJIfyr CI'T'Y Vii' .:_' ' JiL^.? C".F I'"_'iiANO ) I, '?p;T?Y ?,:?a :;A.13 •V'.R, pity Qlerk of the City of San Juan Capistrano, California, BY C.,:;TIFY th.nt the foreFoinj,. is a true and correct copy of Resolution No. , adorted b the City Council of the City of :-an Juan Capistrano, Cali.fornir_, at a re vlrr meeting- thereof held on the day of , 1979. :nary Ann Hanover, City Clerk 0 MUNICIPAL CODES 1. How much do you charge to purchase? 2. How many volumes? 3. Charge for supplement service? San Clemente 1. $40 2. one 3. no Laquna Beach 1. Don't sell 2. one volume 3. provide supplement to departments, library, etc that have copies only Santa Ana 1. $75 2. one 3. no charge Beverlv Hills 0 1. Thinks it is $160, only had one request since person answering has been there - also said they charge 154/pg - some people only get a portion of the Code. 2. four 3. Again 154/pg yearly Seal Beach 1. $35 2. one 3. provide quarterly at 104/pg MEMORANDUM January 25, 1980 TO: Department Heads FROM: Mary Ann Hanover, City Clerk SUBJECT: City Code The following names and titles will be forwarded to California Code Service for appropriate listing in the printed San Juan Capistrano Municipal Code. Please initial your name and title, or if necessary make corrections, and return the memo to this office. James S. Mocalis, City Manager Mary Ann Hanover, City Clerk John C. Gibson, City Treasurer James S. Okazaki, City Attorney Thomas L. Baker, Director of Recreation E. Philip Hale, Assistant City Manager/Director of Administrative Services Thomas G. Merrell, Director of Community Planning and Development William D. Murphy, Director of Public Works MAH/cj alien grimes 7360 EL CAMINO REAL, SUITE 8 October 23, 1979 Mrs. Mary Ann Hanover, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: San Juan Capistrano Code Dear Mary Ann: 0 attorney at law P. O. 80% 749 I' ATASCADERO, CALIFORNIA 93422 p, CCEIffCD ES 180514665678 On 4661408 Qo 44 3? ��'�° As you know, I sold California Code Service to Book Publishing Company in August. However, I egcepted the printing and final processing of your code from the sale. As I mentioned to you sometime ago, I have the option of having the code printed and processed by my former associates in California Code Service, by Book Publishing Company, or another printer of my choice. The cost to me of having it printed will be a large factor influencing my selection. Speaking of price, the contract price for the entire job gives me serious concern. As our agreement reveals, it was entered into on September 1, 1976. Three years of continued substantial inflation have taken place since that time. Naturally, the contract price was calculated on the basis of our best estimate of the cost of printing the code at that time, which estimate no longer reflects the actual cost of printing the code. Without inventorying the entire file and worksheets, I know that substantial delays have been caused both by us and the City. You were kind but persistent in reminding us of the time schedule. However, the codification was a much more difficult and extensive project than we had originally contemplated. Our contract provides for no cost of living adjustment. Nevertheless, I would like to ask whether there is any possibility that the aggregate compensation might be adjusted upward by the sum of $1,500? While I am writing, I would like to ask if you now have a firm date in mind when the printing could begin? Sincerely, A } 1 ALLEN GRIMES AG:fr CC: Ruth Archer 0 MEMORANDUM TO: James S. Mocalis, City Manager FROM: Mary Ann Hanover, City Clerk SUBJECT: Citv Code Review 0 January 3, 1980 A review of the final draft of the City Code indicates a number of typographical errors, but I am advised by California Code Service that their staff will pick up such errors during three proofreadings and City staff is not expected to do so. The only obvious error pertaining to the City Clerk is in Section 1-1.09 dealing with maintenance of the Code, which should of course reflect maintenance and distribution by the City Clerk's Office. A letter from Ruth Archer is attached. California Code also advises that any amendments to ordinances already codified will be contained in the Code supplements, which will be commenced following adoption of the Code. I hope we can move right along with the Public Hearings and Code adoption so that we can scratch one more item from everyone's "To Do List." Mr. Grimes has supplied copies of the appropriate Resolution, Ordinance and Notice, so we're ready to go. MARY AN MOVER MAH/cj Attachment california code service November 8, 1979 Post Office Box 3D2X 71� Atascadero, mp mo@Dl xaalliiforne MX 93 22 $05-466-567$ x RECFIVFD Nov 13 11 57 AH `70 Mrs. Mary Ann Hanover City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mary Ann: Northern California Office at: 1205 Mount Vernon Drive Modesto, California 95350 209523.5407 Reply to: Mr. Grimes has called my attention to an error in Section 1-1.09 of Chapter 1 of Title 1 of the manuscript of the San Juan Capistrano Municipal Code. The section provides for the maintenance of the Code by the City Manager rather than by the City Clerk. The error occurred when this sec- tion was copied from the form provisions of an earlier Code we had prepared for a City in which the City Manager also served as the City Clerk. Mr. Grimes suggests that the error be corrected during the printing of the Code since this is a form provision and was not codified from an ordinance adopted by the City. We trust we will soon be hearing from you as to the status of the review of the manuscript. Sincerely, CALIFORNIA CODE SERVICE ��� By RUTH ARCHER (Mrs. Donald G. Archer) cc: Allen Grimes, Atascadero office r;uatif el SAN J VISTRI�NOj 11 92675 �N iiNE 2!1,7;1 t 7 - • d L September 21, 1976 Mr. Allen Grimes California Code Service P.O. Box 749 Atascadero, California 93422 Dear Mr. Grimes: Enclosed is your fully -executed copy of the Agreement for the codification of the Ordinances of the City of San Juan Capistrano. Three copies of the City's Ordinances are being sent to Mrs. Archer today by parcel post, as well as the copy of the Woodside, California, Code. I have also included copies of our Ordinance Index showing the date of adoption, number, and brief description of each Ordinance. I am not sure it will be of assistance to you, but we also sent copies of our chaindex of Ordinances, which is current through Ordinance No. 303. The titles of our City Department Heads are as follows: City Manager City Clerk (also City License Collector) City Treasurer City Attorney Director of Public Works/City Engineer Director of Administrative Services Director of Planning Your initial invoice has been forwarded to the Administrative Services Department for payment. I don't think I need tell you how happy I am to see this project begin! If you need any further information, please don't hesitate to contact me. Very, truly yo s,_ (MRS) MAR ANN HANOVER City Clerk mh Enclosure