HomeMy WebLinkAbout2006-07-25; City Council; 18669; Repeal Municipal Code Special Events InsuranceCITY OF CARLSBAD - AGENDA BILL
18,669AB#
MTG. July 25. 2006
DEPT. CITYATTY
TITLE:
REPEAL MUNICIPAL CODE 5.60 (Current)
DEPT. HD.
CITY
RECOMMENDED ACTION:
Introduce Ordinance No. NS-814 repealing, in its entirety, the current Carlsbad Municipal
Code Chapter 5.60 (Insurance Requirement for Special Events).
ITEM EXPLANATION:
Carlsbad Municipal Code section 5.60 is the current section that sets forth the insurance requirements
for Special Events in the City of Carlsbad. The current insurance language and requirements are out
dated in light of the new Special Events ordinance.
On July 18, 2006 the City Council approved the introduction of a new Special Events ordinance which
included its own insurance requirements (section 8.17.100) for Special Events. The current Municipal
Code section 5.60 (Insurance Requirement for Special Events) conflicts with the insurance
requirements in the introduced Special Events ordinance. The repealing of the current Municipal Code
section 5.60 would resolve this conflict. Once adopted, insurance requirements will be processed by
the new Special Event ordinance.
FISCAL IMPACT:
No fiscal impact.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
amendment does not constitute a "project" within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Ordinance No.NS-814 repealing, in its entirety, the current Carlsbad Municipal Code
Chapter 5.60 (Insurance Requirement for Special Events).
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ORDINANCE NO. NS-814
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The City Council of the City of Carlsbad, California, does ordain as follows:
7 SECTION 1: That Chapter 5.60 of the Carlsbad Municipal Code is repealed in its entirety:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING CHAPTER 5.60 OF THE
CARLSBAD MUNICIPAL CODE REGULATING INSURANCE
REQUIREMENTS FOR SPECIAL EVENTS.
Former CHAPTER 5.60 Read:
INSURANCE REQUIREMENT FOR SPECIAL EVENTS
5.60.010 Insurance requirements for special events.
5.60.010 Insurance requirements for special events.
Whenever a special event, including but not limited to exhibits, fairs, athletic events, trade
shows, concerts, or conventions, requires any permit under the provisions of this code, the
sponsor, promoter or person conducting the special event shall obtain comprehensive general
liability insurance in an amount determined by the city manager. The insurance shall name the city
as an additional insured. The insurance company or companies shall meet the requirements
established by city council resolution. The insurance policy required by this section shall not be18
cancelled, limited or nonrenewed until ten days written notice has been given to the city. The
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policy shall show evidence public liability insurance in a form acceptable to the city manager.
20 Special events conducted solely by the city shall be exempt from this requirement. Special events
21 conducted solely by governmental agencies other than the city shall be exempted from this
22 requirement provided that the other governmental agency provides proof to the city manager of an
inability to obtain special events insurance and provided further that the governmental agency
agrees to indemnify and hold the city harmless from any damage, loss, liability, claim or demand
which may arise or be related to the special event. (Ord. 6080 § 1, 1986)
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the
City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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the 25th day of July , 2006, and thereafter.
on the day of , 2006, by the following vote, to with:
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AYES:
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NOES:
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RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad
APPROVED AS TO FORM AND LEGALITY
ATTEST:
LORRAINE M. WOOD, City Clerk
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