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HomeMy WebLinkAbout2020-01-28; City Council; ; Repeal provisions of the Carlsbad Municipal Code and rescind certain City Council Policies that are obsolete or conflict with other lawsCAReview -W-- ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Jan. 28, 2020 Mayor and City Council Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney Cindie.mcmahon@carlsbadca.gov Sheila Cobian, Clerk Services Manager Sheila.cobian@carlsbadca.gov Repeal provisions of the Carlsbad Municipal Code and rescind certain City Council Policies that are obsolete or conflict with other laws Recommended Action Introduce ordinances repealing Section 2.06.070 and Chapters 5.30, 6.15, 8.08 and 8.49 of the Carlsbad Municipal Code (Code). Adopt a resolution rescinding City Council Policies 10, 11 and 13. Executive Summary On May 23, 2017, the City Council directed staff to commence work on a comprehensive update to the Code. On July 23, 2019, the City Council created the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) comprised of City Council Members Blackburn and Schumacher to assist" staff from the City Attorney's Office and the City Clerk's Office with recommendations for the update. The City Council also expanded the update to include City Council policies. As part of the update, the Subcommittee recommends the City Council repeal one section and four chapters of the Code and rescind three City Council policies that are obsolete or conflict with other laws. Discussion The Subcommittee's initial workplan included identifying Code provisions that did not require revision and could be repealed because they are obsolete or conflict with other laws. The table below lists the Code sections and chapters the Subcommittee recommends the City Council repeal and the reasons for the recommendation. Code Reason for Repeal Section 2.06.070 Appointments Ch. 5.30 Inspection of Avocadoes Superseded by Carlsbad Municipal Code section 2.15.050. This chapter is preempted by state law. (see CA Food & Ag§§ 45031-45042} Background: This chapter was adopted in 1974 at the request of the County of San Diego to address avocado thefts. Jan. 28, 2020 Item #10 Page 1 of 27 Code Reason for Repeal California Food & Agriculture Code sections 45031-45042 were adopted by the state in 1989 for the same purpose and · preempt the city's code. Ch. 6.15 Alcohol Beverage Warning This chapter is preempted by state law (see CA Hlth & S §25249 .6) Ch. 8.08 Dances Background: This chapter was adopted in 1987 at the request of the County of San Diego to match an ordinance adopted by the county. The chapter was to be enforced by and signs were to be provided by the county. The county repealed its related ordinance in 2007 because it found it duplicative of state law. The State Alcohol Beverage Control Department regulates warning signs for facilities that sell alcohol. Sections of the Health & Safety Code require warning signs regarding the risks of alcohol during pregnancy (see Health & Safety Code section 25249.6 and related regulations). No longer necessary or enforced. Background: This chapter was adopted in 1968 as an urgency ordinance. This chapter is no longer being used by the police department. Other municipal code sections such as those related to special event permits and entertainment permits address this area. Ch. 8.49 Gasoline Price Advertising Preempted by State Law (see CA Bus & Prof§ 13531) Background: This chapter was adopted in 1979 in response to gas shortages causing traffic issues. It was thought that having gas prices visible from the street would prevent some of the long lines at gas stations. At the time, the city attorney acknowledged in the staff report that the chapter was likely preempted by state laws regulating signage for the sale of gasoline. Current state law adopted in 1984 requires gas price signage to be visible from the street. - The Subcommittee also began identifying the City Council policies that did not require revision and could be rescinded. The table below lists three policies the Subcommittee recommends the City Council rescind and the reasons for the recommendation. Rescinding the policies requires four votes of the City Council. Policy No. Reason for Repeal 10 -Agendas for City Council Meetings Superseded by Carlsbad Municipal Code sections 1.20.060 and 1.20.070 Background: This policy, adopted in 1972, provided guidelines to staff for the inclusion of items on a City Council meeting Jan. 28, 2020 Item #10 Page 2 of 27 : Policy No. Reason for Repeal agenda. In 2018, Chapter 1.20 of the Carlsbad Municipal Code was revised to include procedures for the City Council agenda and agenda packet. 11 ~ CTV (Cable Television) Preempted by State Law (CA Public Utilities Code§§ 5800- 5970) and Chapter 5.29 of the Carlsbad Municipal Code Background: This policy adopted in 1972, established policies for the construction, installation, maintenance and operation of a franchised cable television system. The Public Utilities Code, Division 2.5, the Digital Infrastructure and Video Competition Act of 2006, became effective in January 2007, establishing state cable franchising obligations and laws. Carlsbad Municipal Code Chapter 5.29 further defines and enforces the California Public Utilities Code, Section 5800 et. seq. 13 -No Smoking in City Recreation Preempted by State Law (Govt Code §7596-7598) adopted in Facilities 2003. Background: This policy was adopted in 1980 to prohibit smoking in city recreation facilities at the request of the Parks & Recreation Commission. The state adopted Government Code sections 7596-7598 to prohibit smoking in public buildings in 2003. The subcommittee is continuing to review the Code and City Council policies and will be bringing forward additional recommendatio_ns at future City Council meetings. 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 and rescinding the referenced City Council policies. Next Steps The city clerk will prepare the ordinances for adoption at the next regular City Council meeting. Once adopted, the city clerk will publish the ordinances or a summary of the ordinances in a newspaper of general circulation within 15 days. The ordinances will be effective 30 days following the adoption. 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. Jan. 28, 2020 Item #10 Page 3 of 27 Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance 2. Ordinance 3. Rediine of proposed changes to Carlsbad Municipal Code 4. Resolution 5. City Council Policy 10 6. City Council Policy 11 7. City Council Policy 13 Jan. 28, 2020 Item #10 Page 4 of 27 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 Jan. 28, 2020 Item #10 Page 5 of 27 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_ day of ___ _, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Jan. 28, 2020 Item #10 Page 6 of 27 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. Jan. 28, 2020 Item #10 Page 7 of 27 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 _ day of ___ ~ 2020, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Jan. 28, 2020 Item #10 Page 8 of 27 From Chapter 2.06 Mayor 2.06.070 Appointments. The appointments shall be made by the mayor with city council concurrence except for the planning commission (CMG 2.24 .020) and historic preservation commission (CMG 2.42 .020) vvhich are appointed by a majority of the city council. If a mayoral appointment, the item 'Nill be listed on the agenda under consent calendar and will list the board, commission, and committee with vacancy and the name of person to be appointed. The city council will vote and if a majority concurs the appointment will be finalized and entered into the meeting minutes. (Ord. CS 259 § 1, 2014; Ord. 1258 § 3, 1982) Exhibit 3 Jan. 28, 2020 Item #10 Page 9 of 27 Sestions: 5.30.010 5.30.020 5.30.030 5.30.040 5.30.050 5.30.060 5.30.070 5.30.080 5.30.090 5.30.100 Chapter 5.30 INSPECTION OF AVOCADOS Purpose and intent. Definitions. Statement of ownership. Obtaining and retaining the statement of oi.•.mership. Presentation of statement of O'Nnership. Seizure and impoundment. Investigation and release to rightful o·Nner. Disposition by sale. Exemption. Violation. 5.30.01 O Purpose and intent. It is the purpose and intent of this chapter to establish a means of identifying the owner of each commercial quantity of avocados so as to pro•1ide a means of controlling the alarming incidence of thefts of avocados within the city. (Ord. 6053 § 1, 1974) 5.30.020 Definitions. VVhenever in this chapter the following words or phrases are used, they shall be interpreted as follows: "Commercial quantity of avocados" means any quantity of avocados in excess of 40 pounds, exclusive of the container. "Handler" means any person or authorized agent thereof who grows, distributes or retails avocados, including but not limited to, growers, packers an d wholesale or retail fruitstands. "Sheriff" means the chief of police of the city and includes the sheriff of the county or any of the chief's duly · appointed deputie&.- "Transport" means the movement or conveyance by any means 1.vhatsoever of a commercial quantity of avocados over any road, street or highway 1Nithin the city. (Ord. 6053 § 1, 1974) 5.30.030 Statement of ownership. Every person who transports a commercial quantity of avocados shall cause a statement of o'.'mership to be prepared and retained in his or her personal possession at all times while transporting the avocados and deliver a copy of such statement to each handler of the avocados being transported . Such statement of ownership shall contain th e following information: A. The name, address and telephone number of each person who tr~nsports the avocados; B. The name, address and telephone number of each handler of the avocados;- C. The date transportation of the avocados begins and estimated time of delivery; D. The kind and quantity of avocados being transported; E. Points of origin and destination. (Ord . 6053 § 1, 1974) 5.30.040 Obtaining and retaining the statement of o•Nnership. Every handler who delivers or receives a commercial quantity of avocados shall obtain a copy of the statement of ownership fro m the person transporting the avocados. The person transporting the avocados Jan. 28, 2020 Item #10 Page 10 of 27 Chapter 6.15 ALCOHOLIC BEVERAGE WARNING Purpose. Sections: 6.15.010 6.15.020 6.15.0JO 6.15.040 6.15.050 Duty to post signs or notices. Placement. Language. Department of health services representatives. 6.15.010 Purpose. The Surgeon General of the United States has advised women 'Nho are pregnant, or considering pregnancy, not to drink alcoholic beverages. Recent research indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus, and result in birth defects including mental retardation, facial abnormalities and other defects involving heart and bone structure. In order to serve the public health, safety and welfare, the purpose of this chapter is to educate the public by requiring warning signs to be placed at all locations where alcoholic beverages are sold to the public. (Ord. 5073 § 1, 1987) 6.1 5.020 Duty to post signs or notices. Any person or entity who owns, operates, manages, leases or rents premises offering wine, beer, or other alcoholic beverages for sale, or dispensing for consideration to the public, shall cause a sign or notice to be permanently posted or displayed on the premises as provided in this chapter. The sign or notice shall read as follows: "PREGNANCY AND .A,LCOHOL DO NOT MIX DRINKING ALCOHOLIC BEVERAGES, INCLUDING 1NINE AND BEER, DURING PREGNANCY C,AiN CAUSE BIRTH DEFECTS." Except as specified in Section 6.15.030 or in rules and regulations adopted by the department of health services, a sign or notice as required in this section shall not be smaller than eight and one half inches wide by five and one half inches long , nor shall any lettering thereon be less than three eighths inch in height. (Ord. 5073 § 1, 1987) 6.15.0JO Placement. A sign or notice required by Section 6.15.020 shall be placed as follows: A VVhere the sale or dispensing of wine, beer, or other alcoholic beverages to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is conspicuously displayed so as to be readable at all points of purchase. B. Where the sale of wine, beer, or other alcoholic beverages to the public is primarily intended for consumption on the premises, at least one sign shall be placed to assure that it is conspicuously displayed so as to be readable in each public restroom. (Ord. 5073 § 1, 1987) 6.15.040 Language. In the event a substantial number of the public patronizing a premises offering for sale or dispensing wine, beer, or other alcoholic beverages uses a language other than English as a primary language, an additional sign or notice as is required by Section 6.15.020 above shall be worded in the primary language or languages involved. (Ord. 5073 § 1, 1987) · 6.15.050 Department of health services representatives. A The deputy director of environmental health services shall be responsible for the enforcement of compliance with this chapter. The county department of health services shall have the authority to adopt reasonable rules and regulations for the implementation of this chapter, including rules and regulations for alternative sig·ns and placement of requ ired signs. Jan. 28, 2020 Item #10 Page 12 of 27 B. The San Diego County department of health services shall make warning signs available to vendors of alcoholic beverages. Persons or entities may, however, at their own expense, prepare and post signs meeting the requirements of this chapter. In no event shall the prescribed language of the warning sign be altered. (Ord. 5073 § 1, 1987) Jan. 28, 2020 Item #10 Page 13 of 27 Chapter 8.49 GASOLINE PRICE ADVERTISING Sections: 8.49.010 8.49.020 8.49.030 8.49.040 Required price advertising. Sale of gasoline by liters. Consistency with Business and Professions Code. Conformance •Nith sign regulations. 8.49.010 Required price advertising. A. Every person, firm, partnership, association or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or otherwise dispensing gasoline or other motor vehicle fuel to the public from such a facility abutting or adjacent to a street or highway, shall post or cause to be posted or displayed and maintained at said premises at least one sign, banner or other advertising medium which is clearly visible from all lanes of traffic in each direction on such street and highway. Each said sign, banner or other advertising medium shall be readable from said traffic lanes and shall indicate thereon the actual price per gallon or liter, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed, if at all , at said facility on said date. B. No person , firm, partnership, association, trustee, or corporation which owns, operates, manages, leases or rents a gasoline service station or other facility offering for sale, selling or other.vise dispe1_1sing gasoline or other motor vehicle fuel to the public shall advertise , either in conjunction with any sign, banner or other advertising medium utilized to satisfy the requirements of this section or otherwise, the price of any grade of gasoline or other motor vehicle fuel which is not immediately available to be sold or dispensed to the public at said premises. (Ord. 3114 § 1, 1979) 8.49.020 Sale of gasoline by liters. Each sign required by Section 8.4 9.010 shall advertise the price of gasoline per liter only if such information is clearly designated on said sign and only if gasoline or other motor vehicle fuel is actually being sekJ-ey the liter. (Ord. 3114 § 1, 1979) 8.49.030 Consistency with Business and Professions Code. Each sign , banner or other advertising medium posted or displayed or maintained pursuant to the requirements of this chapter shall be consistent with the provisions of Division 5, Chapter 14, Article 12, Sections 13530 et seq .) of the California Business and Professions Code. (Ord. 1296 § 14 , 1987; Ord. 3114 § 1, 1979) 8.49.040 Conformance with sign regulations. Each sign , banner or other advertising medium posted, displayed or maintained pursuant to the requirements of this chapter, shall be subject to the regulations imposed by Chapters 18.20 and 21 .41 of this code, except that the information req 1::1ired by this chapter shall not be included in total sign area. (Ord. 31 14§1,1979) . Jan. 28, 2020 Item #10 Page 15 of 27 RESOLUTION NO. 2020-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING CITY COUNCIL POLICIES 10, 11 AND 13 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 rescind Policies 10, 11, and 13 because they are obsolete or conflict with other laws; and WHEREAS, the City Council agrees with the Subcommittee's recommendation and has determined that Policies 10, 11 and 13 should be rescinded. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. Council Policy 10, Agendas for City Council Meetings, is rescinded. 3. Council Policy 11, Cable Television, is rescinded. 4. Council Policy 13, No Smoking in City Recreation Facilities, is rescinded. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATTH~ f,-4 , /-kcf,,, Gomn lJtfvJJ wBARBARA ~ cfty Clerk . I C ·1, (SEAL) l'!) llerK Jan. 28, 2020 Item #10 Page 16 of 27 ... -----------------------,.-----------------AV' ·1 . C IT Y4 f CARL S BAO , t --o 1 i c y t I o • l O ( p a g e l o f 1 ) COUNCIL POLICY STATEMENT Date Issued 8-1-7? ~-~General Subject: ADMIHISTRATION Effective Date R-1-7? Specific Subject: Agendas for City Council Meetings Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish standard procedures and responsibilitiet for the inclusion :of and preparation of items fo .r the agenda of meetings of .the City Council. · STATEMENT OF POLICY : 1. 2. J. 4. s. 6 . The City Clerk shall be responsible for the preparation of the agenda and the inclusion of all proposed items except those initiated by any City Department or City Association. All agenda items initiated or proposed by any City Department or City Association shall be approved by and be the direct responsi- bility of the City Manager. Fu11 information, both pro and con, will be expected on these items at the time of presentation~ As a general rule, the Council will consider only those items which are included on the regular agenda and for which full preparations have been made. Howe~er, the Council may initiate discussion, at its discretion, of items not included on the regular agenda, partic- ularly if such items are o~ any emergency nature relating to the health ·, safety. or \~el fare of the City of Carlsbad. No ordinance shall be included on the agenda that has not been thoroughly researched ·and studied by the concerned staff members and reviewed and approved by the City· Attorney. The City Council agenda shall be ~losed at 12;00 noon, the Wednesday preceding th~ regular Tuesday Council meeting, at which time the City Manager shall provide the City Clerk with ·his approved agenda items. a) The agenda for adjourned City Cbuncil meetings shall be prepared at the earliest possible date. The City Manager and City Clerk shall cooperate closely to coordin- ate their efforts to assure that all matters that warrant inclusion on the agenda shall be placed on th~ earliest. agenda possible for consideration by the City Council. Exhibit 5 Jan. 28, 2020 Item #10 Page 17 of 27 ( (_ ( ,- t' CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: ADMINISTRATION Specific ~ubject: CTV Po1icy No-11 (Pagel of 2) Date Issued Sept. 19, 197 Effective Date 9-19 -72 Cancellation Date Supersedes No . Copies to : City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE : To establish a City ·council ·policy regardi·ng cons·truction, installa - tion, operation, maintenancet and disposition of community antenna television systems prior to the enactment of a City ordinance enabling the franchising of Cable Television system in the City. STATEMENT OF POLICY: It is desirable to formulate a policy to govern the installation of community antenna television facilities in subdivisions and building projects now under construction so that such facilities can be inte- ·grated into Cable Television systems of those who may acquire (a) frin - chise(s) for the areas in question in order to provide Cable Television service to the occupiers upon construction of the project and to avoid the expense of Cable Television installation after completion of the buildings(s). • PROCEDURE: l. Pending the enactment of a Cable Television ordinance enabling the franchising of Cable Television operators, community antenna o~erators, operators . or construction contractors who have in each case contracted with developers for operation and installation of a community antenna system therein, may apply for a permit or license froM the City C1erk with the approva1 of the City Manager for construction and operation of a community antenna system in the area of the subdivision or building project only. 2. The applicant must·show to the satisfaction of the City Manager the financial capability, technical experience and management capacity to construct and operate the system. 3~ The license or permit shall provide for construction of any com- munity antenna system in accordance with soecifications and stan- dards determined by the Director of Public· Works so as to facili- tate integration into the system(s) of those to be granted fran - thises in the City. 4. The license or permit shall be limited to not over two years or a period of six months from the granting• of a _ franchise by the City Council including the area of said license or permit , wnich- ever be the shorter period. The City Council will entertain re- quests for permit or license extensions on an individual basis once a franchise is granted and construction begins on a Cable Exhibit 6 Jan. 28, 2020 Item #10 Page 18 of 27 ( (_ ( :~- ' ' ' CITY Of CARLSBAD COUNCIL POLICY STATEMENT General Subject: ADMINISTRATION. Specific Subject: CTV Po 1 i c y No. 1 l (Page 2 of 2) Date Issued 9-l 9-72 Effective Date 9-l 9-72 Cancellation Date Suoersedes No. Copies to: City Council, City Manager, City Attorney~ Department and Division Heads, Employee Bulletin Boards, Press, File Television system. . 5. The license or permit shall provide that all requirements of the Federal Communications Commission, which are applicable, be com- . Plied with. 6. The license or permit shall require that within three months after granting of (a) franchise(s) coYering the area of the .permit or license to one other than the licensee or oermittee that the license~ or permittee shall sell his commu~ity antenna television system to the franchisee at a price and upon terms and conditions just to both buyer and seller under the circumstances. If the parties cannot agree on the price, they shall appoint an arbitra~ tor-appraiser to determine the matter and if they cannot agree on an arbitrator-appraiser each shall appoint one and the two shall select a third and such arbitration shall proceed in accordance with the California Code of Civil Procedure, Civil tode,and the rules of the s·uperior Court of the State of Cal.ifornia in San Die•go County. The parties in entering into such arbitration shall agree that the award of the arbitrator-appraiser(s) shall be binding on the parties and enforceable by the said Superior Court. If the permittee or licensee receive a franchise incl·uding the area in question, the franchise upon its effective date shall supersede and cancel as of that date the temporary license or permit. 7. The applicant will pay $100.00 for such permit or license and three per cent of all gross subscriber revenue, .provided to the City Cler.~ quarterly. 8. · It is understood that this policy is for an interim period only and constitutes no precedent as regards later City CTV franchise ordi- nances or policies and that the City franchise when adopted may contain entire1y different terms and conditions. 9. The Director of Public Works may issue an encroachment permit for community antenna system work in, or around, or over or under City streets, ways, sidewalks, real property, and easements upbn such work standards or specifications as he shall determine upon issu- ance of a permit or license by the City Clerk. 10. Franchisee shall provide and keep in force a public liability in- surance policy in the sum of .not less than $1QO,OOO.OO property damage, $100,000.00 per person, with a total of $300,000.00 per a c c i d e n t p e r s o n a 1 i n j u ry 1 i a b ; l i t y , a n d s h a l 1 n am e C i t y a s a n a d - ditional insured thereori. Jan. 28, 2020 Item #10 Page 19 of 27 ·.";,-..... CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: "NO SM:)KING" POLICY Specific Subject: NO SMOKING IN CITY RECREATION FACILITIES Policy No .13 Date Issued July l, 1980 Effective Date July 1, 1980 Cancellation Date Supersedes No~-------- Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish a policy regarding smoking in the City recreation facilities. S'I'ATEMEN'T OF POLICY: There shall be No Smoking allowed in any of the City recreation facilities . Exhibit 7 Jan. 28, 2020 Item #10 Page 20 of 27 "· .- CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: ADMINISTRATION Specific Subject: Environmental Quality Act of 1970 and Supreme Court Deci- sion entitled Friends of Mam- moth vs. Mono County -' : . ( .. ·" • J ,:-. • .,. / ·::-, < Policy i~Jo.13 (Page l of Date Issued 10-10-72 Effective Date 10-10-72 Date Amended & Suoplemented 10-19-7; Suoersedes Mo. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish guidelines and P.rocedures for an interim program to insure compliance with the Environmental Quality Act of 1970 and the Supreme Court de c i s i on en ti t l e d Fri ends of Mammoth vs . Mono County (Se p_t . 2 l , : 197 2). I ' ' STATEMENT OF POLICY: ···~··'. / .. l. :~1e~~~n~~1 M!~m~i~i~=~;!~~~ ~~:~~~~;\;:d:ds~:~~:l~~~~~;!"E~~~ron- mental Quality Act· of 1970 to apply ,t:o priv te as well as pub ·1 ic projects, and with respect to all suth pro ects, to require the preparation, in wriiing, of enviro~mental impact statement with re - spect to all such projects which ~ay hav a significant effect upon t h e e n v i r o nm e n t . ~-. ) effect on the environment(\ ·' . the staff , it shall here- of building . or development trivial or insignificant 2. As a general guideline to be fol~owed by after be .deemed that the focr.l wing t pes activities shall be considere .,to h ve a {a) building permits for \.in le family detached dwellings in a pr~sently developed area or .presently approved subdivision. {b) two family dwellings, subject to similar conditions as set forth in ~aragraph (a) above . (~) permit~ for swimming pools. -(d) permits for mobile home accessories, fences, patios, building accessories , to existing residences, additions and alterations to existing residences, work to bi done inside of external wall of existing buildings, demolition permits. (e) other similar activity . provided , however, that the staff may , at its di ·scretion, make a determination that any of the foregoing types of activity may, in an individual case , be deemed to have a possible significant effect upon the environment for r easons such as : proximity to the beach , proximity to a lagoon , proximity to flood plains, or any other rea - son which, in the judgment of the staff , might constitute a good reason to require an environmental impact statement , Jan. 28, 2020 Item #10 Page 24 of 27 I - CITY OF CARLSBAD COUNCIL POLICY STATEMENT I Policy No.13(Page 2 of 4 Date Issued 10-10-72 General Subject: AOMHIISTRATION Environmental Quality Act of 1970 and Supreme Court Decision entitled Friends of Mammoth.·vs. Mono County Effective Date 10-10-72 Date Amended & Specific Subject: Suoolemented 10-19-72 Supersedes No. Cop\es to: City Council, City f't.anager, City Attorney, Department -~ Division Heads, Employee Bulletin Boards, Press, File and STATEMEf'n OF POLICY (Cont'd.}: 3. As a condition of the City issuing any permit or entitlement other than for projects which are deemed to have an insignificant effect upon the e·nvironment, the applicant, as a condition of the ·fssuance of such permit or entitl.ement, shall sign an _indemnity agreement which shall be in a. form as shall be designated by the City Attor- ney. The substance of such agreement shall require the applicant to agree to hol~ the City harmless from the consequences of further development as i~lated to the Environmental Quality Act and the Mam- moth Decision. 4 • W i t h re s p e c t to a l 1 ·.r>.r i v a t e pr o j e c ts w h i c h h a. v e b e e n a p p r o v e d a n d which have not yet be~n substantially completed, the staff shall tal reasonable steps to notify the developers thereof of this policy statement and the subject .. matter to which it relates and, whenever possible, to secure the ex~cution of the uhold harmlessu agreement by the developer prior to ~ny further construction on any such proj- ect that is determined to bi,of significant environmental impact. 5. 6. 7. This policy statement is inten~ed as a guideline only, and it is recognized that the staff shall \ave considerable discretion in the fpllowing of these guidelines, it -being the over-all intent herein to take all reasonable steps to in~ure compliance with the law, and at the same time, to avoid unnecessaPf delays with respect to those pro j e c t s w h i c h i n v o 1 v e o n 1 y tr i v i a 1 e n·v.._: r o nm e n ta 1 e ff e c ts • . .,, .. · The staff shall prepare a set of draft oNinances detailing proce- dures and guidelines for meeting the requ{~ements of the law and present them to the Council for consideratibn at the adjourned m~et• ing of October 30, 1972. .,_ \. The interim program for private development act"i,vity .sha1l be as follows: \.\ .. (A) Zoning and rezoning --Except in those cases i~.which a pro- posed zoning action relates to a specific develdpmental plan · of environmental significance, applications will b~ processed in a normal manner. Applications within the except~on will be continued pending adoption of ordinances and providfng proce- dures for meeting the requirements of the Environmentll Quality Act of 197(). \ (B) Lot splits and parcel maps --The City will treat lot splits and parcel maps in a manner similar to zonings and rezonings, Jan. 28, 2020 Item #10 Page 25 of 27 ..- CITY OF CARLSBAD COUNCIL POLICY STATEMENT Pol icy No. 13 (Page 3 of 4) . Date Issued 10-10-72 Genera 1 Subject: ADMINISTRATION Environmental Quality Act of 1970 and Supreme Court Decision entitled Friends of Mammoth vs. Mono County Effective Date Date Amended & Supplemented 10-10-72 Speciftc Subject: 10-19-72 Supersedes No. Copies to: City Co~ncil, C1ty Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File STATEMENT OF POLICY (Cbnt 1 d.): ( C) Conditional Use Permi~s, Variances and other similar permits -- Permits which, in.the opinion of staff, will result in a trivial or insignificant impact on the environment will be processed in a normal matter. All other permits will be continued. until the adoption of ordinances providing procedures for meeting the re- quirements of the EQA of 1970. (D) Final Subdivision Maps --Upon execution of the indemnity agreE ment by the applicant, final maps will be proces~ed in a normal manner. (E) Tentative Subdivision Maps --Staff will seek to obtain voluntar agreements for a continuan~e of all maps pending adoption of or- dinances as described above. In the event such an agreement is not forthcoming, the Council will consider either denying the ma on environmental grounds or approving it subject to the condi- tion that an Environmental Impact Report will be prepared by staff, with information furnished by the applicant as required, said report then necessitating approval by the Planning Com~ mission. , (F) Building Permits -- (a) Permits for work within the definitions of trivial or insig- nificant environmental impact will be ·processed as usual,. (b) Permits for projects of large. magnitude '~hich in the judg- ment of staff clearly will have a substantial environmental effect will be held in abeyance pending mbre detailed in- . vestigation of their environmental effect.•. Staff will be guided in making this determination by looking at a totality of factors including location on the coast, hillsides, flood plain or lagoons, degree of physical change i~ the area, amount of earth moving required~ compliance with growth pat- terns in the general plan, presence or absence of streets and utilities and the effect on vegetation,··trees, and wild- .. life. (c} All permits for projects not within (a} or (b) as described above will be processed in a normal manner provided the ap- . plicant and project owner are agreeable to executing the ·in- demnity agreement. Jan. 28, 2020 Item #10 Page 26 of 27 Assistant City Attorney Cindie McMahonCity Clerk Services Manager Sheila Cobian January 28, 2020 Repeal of Carlsbad Municipal Code Provisions & Rescission of City Council Policies Recommendation 1.Introduce an ordinance repealing Carlsbad Municipal Code (CMC) Section 2.06.070 2.Introduce an ordinance repealing CMC Chapters 5.30, 6.15, 8.08 and 8.49 3.Adopt a resolution rescinding City Council Policies 10, 11 and 13 Carlsbad Municipal Code & City Council Policy Update Subcommittee •City Council Member Keith Blackburn •City Council Member Cori Schumacher •City Attorney’s Office •City Clerk’s Office CMC Section 2.06.070 Appointments •CMC 2.06.070 addresses process for appointing members to city boards and commissions •Section CMC 2.15.050 adopted in 2018 addresses this same issue and supersedes CMC 2.06.070 CMC Chapter 5.30 Inspection of Avocadoes •Adopted in 1974 at County’s request to address avocado thefts •Preempted by state law adopted in 1989 –CA Food & Ag §§ 45031-45042 CMC Chapter 6.15 Alcohol Beverage Warning •Adopted in 1987 at the request of the County –County to enforce and provide signs •County repealed its related ordinance in 2007 •Duplicates state initiative (Prop 65) requirements –CA Health & Safety Code §25249.6 & related regulations CMC Chapter 8.08 Dances •Adopted in 1968 as an urgency ordinance •No longer being used by the police department •Other municipal code sections address this area –CMC Chapter 8.09 Entertainment License –CMC Chapter 8.17 Special Events CMC Chapter 8.49 Gasoline Price Advertising •Adopted in 1979 in response to gas shortages causing traffic issues •Preempted by state law adopted in 1984 that requires gas price signage to be visible from the street –CA Bus & Prof Code § 13531 City Council Policy 10 Agendas for Council Meetings •Adopted in 1972 to provide guidelines to staff for the inclusion of items on a City Council meeting agenda •CMC Chapter 1.20 was revised in 2018 to include procedures for the City Council agenda and agenda packet City Council Policy 11 CTV (Cable Television) •Adopted in 1972 to establish policies for the construction, installation, maintenance and operation of a franchised cable television system •Preempted by state law adopted in 2006 –CA Public Utilities Code §§ 5800-5970 •Also addressed in CMC Chapter 5.29 City Council Policy 13 No Smoking in City Recreation Facilities •Adopted in 1980 to prohibit smoking in city recreation facilities •Preempted by state law adopted in 2003 to prohibit smoking in public buildings –CA Government Code §§ 7596-7598 Questions?