SMC 1.10.010(A)(1) requires a public hearing prior to approval of an agreement with a term extending “beyond the terms of the present city council.” This is not required by the City’s Charter or Nevada law. Similarly, SMC 1.10.010(A)(2) requires a public hearing prior to the “lease, sale or license of any property owned by or leased to the city.” Again, neither the City’s Charter nor Nevada law require a public hearing for every “lease, sale or license” of any City property. While State law requires public hearings for some proposed agreements and dispositions of City property, the broad language of SMC 1.10.010(A) is not required. Likewise, SMC 1.10.010(B) allows the City Council to direct the City Clerk to give notice of a proposed lease, sale, or license to property owners within 300 feet of the subject property. Notice to surrounding property owners is required under Nevada law for some—but not all—dispositions of property. Finally, SMC 1.10.010(C) states that the specific “notice requirements of any other ordinance or state law” still apply.

In addition, SMC 20.05.001 and Table 20.05-2 describe the processes required for various planning and land use decisions. Table 20.05-2 indicates that notice of a request for a tentative map should be published in a newspaper. This is not required by Nevada law. While notice is generally published in a newspaper only if there is going to be a public hearing on an item, neither the Sparks Municipal Code nor Nevada law require a public hearing prior to approval of a tentative map.

SMC 1.10.010(A) and (B) impose notice and hearing requirements other than those imposed by Nevada law or the City’s Charter, creating the potential for confusion for both City staff and the public. If SMC 1.10.010(A) and (B) are repealed, SMC 1.10.010(C) becomes superfluous. Therefore, repealing all of SMC 1.10.010 is appropriate.

Because a public hearing on a request for a tentative map is not required and Nevada law does not require that notice be published in a newspaper prior to approval of a tentative map, removing the publication requirement is permissible. Removing this requirement will also save the City the costs of publishing such notices.

The City Council could reject the proposed amendments to SMC Chapters 1.10 and 20.05.

This is the First Reading only; no motion is required.