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Home My WebLink About2015-12-15; City Council; 22170; Re-Introduce CS-289 Updating, Recodifying, Adopting Carlsbad Municipal CodeCITY OF CARLSBAD AGENDA BILL 9 AB# 22,170 RE-INTRODUCE ORDINANCE NO CS-289 UPDATING, RECODIFYING AND ADOPTING THE CARLSBAD MUNICIPAL CODE AS THE CODE OF ORDINANCES FOR THE CITY OF CARLSBAD DEPT. DIRECTOR DATE 12 /15 /15 CITY ATTY. DEPT. CA CITY MGR. tn RECOMMENDED ACTION: Re-introduce Ordinance No. CS-289 updating, recodifying and adopting the Carlsbad Municipal Code as the code of ordinances for the City of Carlsbad and direct the City Clerk to set a public hearing for January 12, 2016 for adoption. ITEM EXPLANATION: The Carlsbad Municipal Code was originally adopted in 1971. Although the municipal code has been supplemented and individual sections have been amended over the years, it has not been recompiled and recodified since its original adoption. On June 10, 2015, the city entered into a contract with a new publisher, Quality Code Publishing, to prepare a comprehensive review of the Carlsbad Municipal Code and to prepare an updated, recompiled code of ordinances. Quality Code has completed its review and recompiled the ordinances. The recodification is not intended to and does not change the substantive provisions of the Code; rather, it reformats and updates the Code in a user-friendly manner. Once the revised code has been adopted, city staff will work with Quality Code on a more comprehensive review of the code and will return with recommendations for content revisions as necessary. Adopting the updated, recodified code before making more comprehensive amendments to the code will prevent any delay in republishing the updated code while each section is reviewed. The editorial changes included in the updated, recompiled code include: • Making the code gender neutral; • Instituting a consistent system for outline numbering of individual code sections; • Numbers from one through nine will be written out, numbers 10 and greater will use numerals only; • Ordinance history notes will be tied to code sections and placed at the end of the section; • The printed code will be reformatted to a single column using Anal font; and • The updated code includes a comprehensive ordinance disposition table. Title 21 of the Carlsbad Municipal Code was not included in the editorial review process since Title 21 is undergoing a major revision as a result of the approval of the General Plan. DEPARTMENT CONTACT: City Attorney 760-434-2891 Attorney@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED 0 0 0 0 CONTINUED TO DATE SPECIFIC 0 CONTINUED TO DATE UNKNOWN 0 RETURNED TO STAFF OTHER— SEE MINUTES REPORT RECEIVED The proposed ordinance adopts the updated, recodified code as the Carlsbad Municipal Code. A complete copy of the Ordinance and Municipal Code being considered for adoption along with any secondary codes adopted by reference are available on the City's website and in the Office of the City Clerk at City Hall. This item was introduced at the December 1, 2015 City Council Meeting. Government Code §6066 requires notice of the Public Hearing to be published once a week for two successive weeks with at least five days intervening between the respective publication dates not counting such publication dates. The item is being reintroduced and a public hearing scheduled for January 12, 2016 to allow for proper noticing of the public hearing. FISCAL IMPACT: There is no fiscal impact associated with this recommendation. The funds for this recodification project have already been appropriated and included in the City Clerk's budget. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Ordinance No. CS-289 2 ORDINANCE NO. CS-289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, UPDATING, RECODIFYING AND ADOPTING THE CARLSBAD MUNICIPAL CODE AS THE CODE OF ORDINANCES FOR THE CITY OF CARLSBAD WHEREAS, California Government Code Sections 50022.1 through 50022.8, and 50022.10 provide for the codification, compilation, recodification, recompilation and publication of permanent and general ordinances of cities; and WHEREAS, the ordinances of the City of Carlsbad were originally codified as the "Carlsbad Municipal Code," on August 3, 1971 through the adoption of Ordinance No. 1133; although the Code has been supplemented over the years with the passage of new ordinances, it has not been recompiled or recodified in its entirety since the original codification in 1971; and. WHEREAS, the City now desires to revise, recodify, recompile and update the ordinances comprising the Carlsbad Municipal Code into a modern, user-friendly format to aid City staff, residents and other individuals and entities that wish to use the Carlsbad Municipal Code; and WHEREAS, the City of Carlsbad has contracted with Quality Code Publishing to compile, edit and publish a recodification of the permanent and general ordinances of the City of Carlsbad; and WHEREAS, Quality Code Publishing has updated and reformatted the Carlsbad Municipal Code without changing any substantive provisions of the Code; and WHEREAS, on December 1, 2015, the City Council conducted its first reading of, and introduced, this Ordinance; and WHEREAS, on December 15, 2015, the City Council re-introduced and read this Ordinance and directed the City Clerk to notice a public hearing for the Ordinance on January 12, 2016; and WHEREAS, notice of the public hearing was published pursuant to Government Code section 6066 and a copy of the amended, updated and recompiled Carlsbad Municipal Code has been on file in the office of the City Clerk at least 15 days preceding the date of the public hearing concerning this Ordinance, and remains there on file for public inspection; and WHEREAS, pursuant to Government Code section 50022.3 the City Council conducted a duly noticed public hearing on December 15, 2015, and has considered the evidence and testimony submitted at that public hearing. NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that: SECTION 1: RECODIFICATION AND ADOPTION. Pursuant to the provisions of Government Code Sections 50022.1 through 50022.8 and 50022.10, there is hereby recodified and adopted the "Carlsbad Municipal Code" as revised, reformatted, indexed, codified, compiled, updated and republished by Quality Code Publishing, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted, modified or amended by the provisions of the Carlsbad Municipal Code. SECTION 2: CODIFICATION AUTHORITY. The Carlsbad Municipal Code consists of all the regulatory, penal, and administrative ordinances of the City of Carlsbad, California, of a general and permanent character, as originally codified pursuant to Government Code Sections 50022.1 through 50022.8, and herein recodified and recompiled pursuant to Government Code Section 50022.10. SECTION 3: CONTINUATION OF EXISTING LAW. Nothing contained herein,is intended to enact any new taxes or to affect any penalty clauses contained in the existing ordinances recodified by this action. The recodification of the Carlsbad Municipal Code is intended by the City Council to be a continuation, without change, of existing ordinances. SECTION 4: EFFECT OF RECODIFICATION. The recodification and adoption of the Carlsbad Municipal Code as specified in this Ordinance shall not affect the following matters: 1. Actions and proceedings that began before the effective date of this Ordinance. 2. Civil, criminal and administrative proceedings concerning ordinance violations committed before the effective date of this Ordinance. 3. The amount of or collection of license, fee, penalty debt, forfeiture or obligation due and unpaid as of the effective date of this Ordinance. 4. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation. SECTION 5: REFERENCES TO ORDINANCES. Any reference in matters of record to any ordinance designated by number or otherwise, existing prior to the adoption of this Code, shall be construed to apply to the corresponding provisions in this Code. Pursuant to Government Code Section 50022.8, copies of this Code that have been duly certified by the City Clerk shall be received without further proof as prima facie evidence of the provisions of such Code in all courts and administrative tribunals of this state. Carlsbad Municipal Code sections cited on signage within the City shall, until updated if and as required, be deemed to be citations to the counterpart sections in the recodified Carlsbad Municipal Code for purposes of notice and enforcement. SECTION 6: SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code is declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. / / / / / / / / / / / / / / / II! / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1st day of December, 2015, and thereafter REINTRODUCED AND READ at a regular meeting of the Carlsbad City Council on the 15th day of December, 2015, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk