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HomeMy WebLinkAbout2019-05-07; City Council; ; Adoption of Ordinance No. CS-352 - Eliminating the Bicycle Licensing Program and the Requirement that Secondhand Bicycle Dealers Submit Daily Reports to the Chief of Poli@ S~~fi R~port Meeting Date: To: From: Staff Contact: May 7, 2019 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 CAReview vrv Subject: Adoption of Ordinance No. CS-352 -Eliminating the Bicycle Licensing Program and the Requirement that Secondhand Bicycle Dealers Submit Daily Reports to the Chief of Police Recommended Action Adopt Ordinance No. CS-352 modifying Carlsbad Municipal Code Chapter 10.56 by repealing Section 10.56.030 related to daily reports from secondhand bicycle dealers and repealing Sections 10.56.060, 10.56.070, 10.56.080, 10.56.100.and 10.56.110 related to bicycle registration and licensing. Executive Summary /Discussion Ordinance No. CS-352 was introduced and first read at the City Council meeting held on April 23, 2019. On a motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat- Patel, the City Council voted 5/0 to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Fiscal Analysis The bicycle licensing program was supported by the funds received from each person applying for a license; therefore, there is no foreseeable fiscal impact by repealing the bicycle registration and licensing program. Next Steps The City Clerk will have the ordinance or a summary of the ordinances published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation (CEQA} 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. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the meeting date. Exhibits 1. Ordinance No. CS-352 May 7, 2019 Item #4 Page 1 of 3 ORDINANCE NO. CS-352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MODIFYING TITLE 10, CHAPTER 10.56, BY REPEALING SECTIONS 10.56.030, 10.56.060, 10.56.070, 10.56.080, 10.56.100, AND 10.56.110 OF THE CARLSBAD MUNICIPAL CODE. Exhibit 1 WHEREAS, Carlsbad Municipal Code section 10.56.030 currently requires businesses engaged in buying and selling secondhand bicycles to report those transactions to the Chief of Police; and WHEREAS, Carlsbad Municipal Code section 10.56.030 conflicts with California Business and Professions Code section 21638 and is redundant of state law as California Business and Professions Code section 21628 requires that all secondhand dealers, including those that buy and sell secondhand bicycles, register and report secondhand items received for sale in the California Pawn and Secondhand Dealer System; and WHEREAS, currently Chapter 10.56 of the Carlsbad Municipal Code requires all bicycle owners and anyone riding a bicycle in Carlsbad to register and license the bicycle with the city; and WHEREAS, the City Council of the City of Carlsbad has determined that a bicycle registration and licensing program is no longer necessary or useful to city residents or law enforcement. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That Title 10, Chapter 10.56, Sections 10.56.030, 10.56.060, 10.56.070, 10.56.080, 10.56.100, and 10.56.110 of the Carlsbad Municipal Code are repealed in their entirety. 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. May 7, 2019 Item #4 Page 2 of 3 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd day of April 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of May 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. APPROVED AS TO FORM AND LEGALITY: MATT HALL, Mayor ~,.f17(l7J1L_ ~BARBARA ENGLESON, City Clerk (SEAL) May 7, 2019 Item #4 Page 3 of 3