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Home My WebLink About2020-02-11; City Council; ; Adoption of Ordinance Nos. CS-369 and CS-370 repealing provisions of the Carlsbad Municipal Code that are obsolete or conflict with other laws~ CITY COUNCIL '17 Staff Report Meeting Date: To: From: Staff Contact: Feb. 11,2020 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 CARevie~ Subject: Adoption of Ordinance Nos. CS-369 and CS-370 repealing provisions of the Carlsbad Municipal Code that are obsolete or conflict with other laws Recommended Action Adopt Ordinance No. CS-369 repealing Chapters 5.30, 6.15, 8.08 and 8.49 of the Carlsbad Municipal Code; and Adopt Ordinance No. CS-370 repealing Section 2.06.070 of the Carlsbad Municipal Code. Executive Summary /Discussion Ordinance·Nos. CS-369 and CS-370 were introduced and first read at the City Council meeting held on Jan. 28, 2020. On a motion by Council Member Schumacher, seconded by Council Member Blackburn, the City Council voted 4/0 to introduce the Ordinances. The second reading allows the City Council to adopt the Ordinances which will become effective thirty days after adoption. Fiscal Analysis The existing FY 2019-20 budgets for the City Attorney's Office and City Clerk's Office include sufficient funding for the cost of repealing the referenced Code provisions. Next Steps The city clerk will have the Ordinances or a summary of the Ordinances published in a newspaper of general circulation within fifteen days following adoption of the ordinances. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, the recommended actions do not constitute a "project" within the meaning of CEQA because they have no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, therefore, do 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-369 2. Ordinance No. CS-370 Feb. 11, 2020 Item #2 Page 1 of 5 ORDINANCE NO. CS-369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTERS 5.30, 6.15, 8.08 AND 8.49 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect current legal and professional best practices; and WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the Subcommittee recommends the City Council repeal Chapters 5.30, 6.15, 8.08 and 8.49 of the Code because these chapters are obsolete or conflict with other laws; and WHEREAS, the City Council agrees with the Subcommittee's recommendation and has determined Chapters 5.30, 6.15, 8.08 and 8.49 of the Code should be repealed. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Title 5 is amended to repeal Chapter 5.30, Inspection of Avocadoes, in its entirety. 3. Carlsbad Municipal Code Title 6 is amended to repeal Chapter 6.15, Alcohol Beverage Warning, in its entirety. 4. Carlsbad Municipal Code Title 8 is amended to repeal Chapter 8.08, Dances, and Chapter 8.49, Gasoline Price Advertising, 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. Feb. 11, 2020 Item #2 Page 2 of 5 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 28th day of January 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of February 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: - ~•/c.~~ CELIA A. BREWER, City Attorney ~ ~k,r 6t,fl'le z Pep,,i.,, ~AENGlESON, City Clerk I . "'J C,J'tj (SEAL) CJeo~ Feb. 11, 2020 Item #2 Page 3 of 5 ORDINANCE NO. CS-370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING SECTION 2.06.070 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect current legal and professional best practices; and WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, on July 24, 2018, the City Council adopted Ordinance CS-337 creating Chapter 2.15 of the Code regarding Boards and Commissions; and WHEREAS, Chapter 2.15, Section 2.15.050 of the Code creates a process for appointing members to all Boards and Commissions in the City of Carlsbad; and WHEREAS, Chapter 2.06, Section 2.06.070 of the Code (adopted in 1984 and amended in 2014) also addresses the appointment of members to Boards and Commissions in the City of Carlsbad; and WHEREAS, a conflict exists between the provisions of Sections 2.15.050 and 2.06.070; and WHEREAS, the Subcommittee recommends the City Council repeal Section 2.06.070 because of the conflict; and WHEREAS, the City Council agrees with the Subcommittee's recommendation and has determined Section 2.06.070 should be repealed to eliminate the conflict. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Title 2, Chapter 2.06 is amended to repeal Section 2.06.070, Appointments, in its 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 Feb. 11, 2020 Item #2 Page 4 of 5 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 28th day of January 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of February 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: --J111Jif/J!t MATT HALL, Mayor ~ ' J.leclv Gomez /)( vi-1 1~' BARBARA ENGLESON~ City Clerk 1 ~ _,) Clj (SEAL) C )erl( Feb. 11, 2020 Item #2 Page 5 of 5