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HomeMy WebLinkAbout2020-03-24; City Council; ; Rescission of City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50CAReview t~ (i) CITY COUNCIL . Staff Report Meeting Date: To: From: Staff Contact: Subject: March 24, 2020 Mayor and City Council Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney cindie.mcmahon@carlsbadca.gov or 760-434-2891 Sheila Cobian, Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2808 Rescission of City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50 Recommended Action Adopt a resolution rescinding City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50. Executive Summary On May 23, 2017, the City Council directed staff to commence work on a comprehensive update to the Carlsbad Municipal Code, or CMC. On July 23, 2019, the City Council created the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee comprised of 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 rescind nine City Council policies that are obsolete or conflict with other laws. Discussion The subcommittee's initial workplan included identifying the City Council policies that did not require revision and could be rescinded. The table below lists nine 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 - 15 -Traffic Safety Policies and Preempted by the California Vehicle Code, CMC Chapter . Warrants 2.28, Traffic and Mobility Commission, and Chapter 10, Vehicles and Traffic; and the California Manual on Uniform Traffic Control Devices Background: This policy was established to standardize the City of Carlsbad's traffic safety installations with the prevailing practice in San Diego County and to provide guidelines for handling citizens requests. March 24, 2020 Item #1 Page 1 of 41 Policy No. Reason for Repeal 16 -Developmental Policy Preempted by the General Plan. Relating to Critical Planning Background: This policy was created during a time the Areas city's General Plan was under revision and there was not enough information for staff to process development applications due to inadequate health/safety information. The policy provided staff with the authority to stop processing applications until the General Plan revision was completed or the policy was rescinded by the City Council. 23 -Open Space Maintenance Superseded by the Growth Management Plan, the Open Districts Space Management ~Ian, the Local Coastal Plan, and the Habitat Management Plan. Background: This policy was created before the programs/plans listed above were developed and approved by the City Council. 24 -Establish Administrative Obsoleted by California Government Code 39650 et. seq. Fees/Weed Abatement [Weed and Rubbish Abatement Alternate Procedures] 29 -Interim Agricultural Policy Superseded by Title 21 of the CMC, the Land Use Element of the General Plan, the Local Coastal Program, and the Agricultural Mitigation Fee Program. Background: This policy was created as an interim policy addressing those lands that were not designated in the General Plan. 31-Incentive Awards Program This program in this policy has not been used for several for Energy Conservation Ideas years. There is no city employee Energy Conservation Committee. In 2006, City Council Policy No. 71 was adopted and further outlined efficient energy reduction requirements pertaining to city operations and city facilities. The city has also since adopted a Climate Action Plan and an additional energy conservation ordinance. 42 -Reclaimed Water Use Obsoleted by Carlsbad Municipal Water District (CMWD) Ordinance No. 43. March 24, 2020 Item #1 Page 2 of 41 Policy No. Reason for Repeal 46 -Solid Waste Management Superseded by CMC Chapter 6.08 -Solid Waste, and the Sustainable Materials Management Plan adopted in August 2019. Background: City Council Policy No. 46 was adopted to implement the California Integrated Waste Management Act of 1989. 50-Mandatory Recycling Superseded by CMC Chapter 6.08 -Solid Waste, and the Program Enforcement Sustainable Materials Management Plan adopted in August 2019. The subcommittee is continuing to review the CMC and City Council policies and will be bringing forward additional recommendations at future City Council meetings. Fiscal Analysis The existing FY 2019-2020 budgets for the City Attorney's Office and City Clerk's Office include sufficient funding for.the cost of rescinding the referenced City Council policies. Next Steps The resolution will be effective upon adoption. No further action is required. 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 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. City Council resolution March 24, 2020 Item #1 Page 3 of 41 RESOLUTION NO. 2020-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING CITY COUNCIL POLICY NOS. 15, 16, 23, 24, 29, 31, 42, 46 AND 50. Exhibit 1 WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California, determined the Carlsbad Municipal 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 to expand the update to include both the Code and City Council Policies; and WHEREAS, the Subcommittee recommends the City Council rescind Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50 because they are obsolete or conflict with other laws; and WHEREAS, the City Council agrees with the Subcommittee's recommendation and has determined that City Council Policy Nos. 15, 16, 23, 24, 29, 31, 42, 46 and 50 (attached hereto as Attachment A) 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. City Council Policy No. 15, Traffic Safety Policies and Warrants, is rescinded. 3. City Council Policy No. 16, Developmental Policy Relating to Critical Planning Areas, is rescinded. 4. City Council Policy No. 23, Open Space Maintenance District, is rescinded. 5. City Council Policy No. 24, Establish Administrative Fees/Weed Abatement, is rescinded. 6. City Council Policy No. 29, Interim Agricultural Policy, is rescinded. 7. City Council Policy No. 31, Incentive Awards Program for Energy Conservation Ideas, is rescinded. 8. City Council Policy No. 42, Reclaimed Water Use, is rescinded. 9. City Council Policy No. 46, Solid Waste Management, is rescinded. March 24, 2020 Item #1 Page 4 of 41 10. City Council Policy No. 50, Mandatory Recycling Program Enforcement, is rescinded. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24!h day of March 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher None None MATT~ava ,,,,1111111111111111,,, ,,,''e.. CA 0 , 1111, ~'\;Ol'" rr,&(\/¼'. ~~ .. -~·-.. u~~ fJ...,/ ~ ...... ,,,\ HJ{~\C~ = , ~~\Ul~-, = \ \~~1111':.f ... / ! ~ "·•. ' ... • .. ~ ~ '-;q ........... ~'"' ~ ✓,,,,,,,, l.lFO~ ,,,,,,<:' 11liilflllllllllll111 (SEAL} March 24, 2020 Item #1 Page 5 of 41 f_ PROPOSED TRAFFIC SAFETY POLICIES AND WARRANTS CITY OP CARLSBAD MAY 1972 •. I March 24, 2020 Item #1 Page 7 of 41 / \ I ( __ NUMBER l 2 3 4 5 6 7 . TABLE OF CONTENTS TITLE THROUGH HIGHW'AY ROUTES · PEDESTRIAN CROSSWALKS SPEED LI.MIT REGULATIONS 2-WAY STOP CONTROL 4-WAY STOP CONTROL CENTERLINE STRIPING TEMPORARY ROAD CLOSURES ..... SOURCE PAGE NO. County Road Policy 2 ·City of San Diego 3 County Road Poliqy ~ ll City of San Diego 13 City of San Diego 14 Coun_ty Road Policy 17 County Road Policy 19 -.. ,. March 24, 2020 Item #1 Page 8 of 41 I i ·{ .-- MAY,. 1972 POLICY NO. 1 THROUGH HIGHWAY ROUTES Through Highways, as defined by Section 600 of the Cali- fornia Vehicle Code, shall be established on arterial and major roads carrying ·predominantly through-traffic, as evidenced by minimum average daily traffic volumes of 500 to 1000 vehicles, .. or on collector roads and streets carrying in excess.of 1000 (-vehicles per day, particularly where an analysis of reported ' .. accidents indicates a need for route control of crossing con- flicts • .Upon ~stablishment and signing of an arterial Through Highway, all intersecting traffic is required by law to stop before ~ntering or crossing • March 24, 2020 Item #1 Page 9 of 41 ( I ·\,,.-- -· MAY, 1972 ... POLICY NO. 2 PEDESTRIAN CROSSWALKS .2.10 Purriose The pUYpcse c:f a c.ar·ked crossw2lk is to inforr.t drivers of a high i:;edestrian . f'low · or ar.. U."'lU.St:al crossing locatio:., a!!d -to guid~ pedestrians by providing a. na!"ked -area ir. which to cross. The pur-pcse of these ·warrants is to estab~ish ::.i~i::11X!l criteria for the install-a.t,ion of r:'.arked c::-ossvalks so that they r;sy provide the greate5t possible be~efit to both drivers and pedestria!'-S. ,2.ll Lcea1 Iief:initions a:!d Right of Way Control • !rhe follmring excerpts f"ro~ the 0--..:.li.fornia Vehicle Code and the Sari Diegq . Munici?-1 Code are pertinent to these warrants: .· ·-.. c.v.c. 275. ncrosswalk" is either: •. .. ;,. · · (a) That portion of a road.~:ay included. ·within the prolongaticn. or connecti!)n' _ of' the bou:ida:y li!:.es of sid.eirralks at inte!'secti_o!"..s whe?"e the inter:-. _secti.ng ro.:id.:-:-a.ys .:.eet at ap;iro.xi:ia-tely. rig.ri.t angles, except the. prc!.o:n~a- ~ion of ~uch lines fro~ ar-alley across a street. · . . {b) A.rry portion of a ::-ced1-ray disti~ctly indicated tor pedestrians crossing by lines or other c:==.rki!1gs on t!:e surface. . C.V.C. _21950. Right o'f ·way at crosswalks:· · (a) The Driver of a vehicle shall yield the :right.:.o:r-·way-.-to a pedestz-;_an · · crossing the road,r~y ,-;i't.hin any C!.:!!'kec.·· c;rozswaL1< :,r vi thin any u,r,_:::iarked crosswalk at an intersection, except as otherw:ise provided in. tr.is . -chapter. · :No pedestrian si-:all suddenly leave a ct:rb or othe:::r;-. pla:::e of safety ar..d -walk. or run i:1to thc.1}ath of' a vehicle ·w'hich is to· close as to· constitute an i~..::lediate hazard. C.V.C. _219~4-Pcdestriaru; outside crossvalks: . (a) Every pedestrian upon a road'W!:ly at ar.y point other than vithin a 1713rkcd · cross'w"alk or ui thin an u..--1rr..:1rked crosZ\..!alk ::i. t an intersection shall yield the riBht-of->1ay to all vehicles· upon the roadway. C.V~C. 21955. Crossing bctveen controlled intersections: _ Det~cen ndjacc~t intcr:;cctio~~ controlled by t~ffic cont~ol zicnal device= • or by_ police of:iccr~,. ~edcstri:ins shall not eras::; the r~dt--13.y at any~place except in n cro:;::;~:~lk. March 24, 2020 Item #1 Page 10 of 41 ., s. D. M. c. 83.03 Iriterfering with traffic: /--It shall be unlawful for any person to stand in any road- way, other than in a safety zone or in a crosswalk, if-. such action interferes with the lawful movement of traific. 2.12 General · When justified and p~operly located, a markea pedestrian cross- walk may achieve the following results: A. Call the driver's attention to a high pedestrian flow or an unusual crossing location~ B. Point out to the pedestrian the safest crossing path • . c. Limit pedestrian cr~ssings to specific locations. Unjustified-or poorly located marked crosswalks may: A. Increase accident frequency by lulling both pedestrians and drivers into a false sense of security. B. Create general disrespect for all traffic control devices. c. Result in unnecessarily high painting and maintenance· costs to the City. 2.13 General Policy By legal definition there are three or more unmarked crosswalks at every intersection. The City does not normally install a marked crosswalk across an intersection approach where more re- strictive traffic control devices, other than traffic signals, are in use. such devices include st'op signs.and yield. signs .. However, a crosswalk may be marked at a controlled intersection if an unmarked crosswalk would not be clearly discernable due to peculiar geometrics or other unusual physical conditions_ i ~arked ~idbloc~ crossw~lk mai be installed when·warr~nted on the basis of sound enginee~ing judgment. The length of the block between intersectlons should be no less than 1,000 feet. The.re must be a reasonable demand by pedestrians to cross within a conccntr_atcd area no less than 400 feet from the nearest inter- section.. There must be a high pedestrian. volume generator· nearby. March 24, 2020 Item #1 Page 11 of 41 APPENDIX OUE · .. Survey Methods and Field Form. · I. Survey t-lethods . ·-.:. .A. Perso:ine 1 . reouirer::.ents: · One man. B. Duration of s1J..rve~r: Or..e hour during the morning or ~vening peak period of vehicle t::-avcl. C. :£quip::-tent:· Stop 1-1atch (in seconds) and warrant field forns. D. Type of Survey: l.. 10~ pedestrian co~t ·within the cross1ctaLlc area under study during the~ cinute pe~iod. . 2.. 10~ recordL"lg of unimp~ded vehicle gaps during the same 60 minute period. a. Ea.ch gap that is equsl to or ~xceeds t:ie calculated pedestri~ . crossing ti::te is defined as a "Uscc.!:>le Ga.;> Time 11 , and is . ... entered on the warrant fiel.! fori!i. as such. . . . 3-Speed study using the ~loating car technique, or radar speed study. JI. Use of the Crosswalk l:2.rrant Field. For-ii A. ·co~pute the Ped~stri~n·crossing Tit:e and enter the figure (in seconds) in the appropriate space. c. Begin the gap time recording by entering on the fie~d sheet the length {in seconds) of those gap ti~es equal to or exceeding the calculated pedestrian crossing ti~e. Total the Usable Ga9 Ti~e in seconds~ and compute the average number ·o£ gaps per five minute period. · ·n. Record the one hour pedestrian volu:ne, the approach-speed, and existing general conditiona, including the three year pedestrian accident history. E. B:lsed on each -warrant, assign the nuober of points allo~able. March 24, 2020 Item #1 Page 15 of 41 ,,-_ r,. ,' .... · CITY or 1BAD CALIFORNIA . ENCi:-.: EE Rl:-.v ,.,c PART 1.1~NT PATE ,:IUMMARIZEO ev TR TRA:--lSPORTATION l TRAHIC ENGINEERING DIVISION. . SUMMARY SKETCH: • ~ ... ~ :_: Pcdcstri.in Crossing Time: . ·. . \\'idth of street = = . 4 ft. per second 4-. . .. Averoge Number Gnps Per Five Minute Period: I . Total Us?.b!e Gnp Time in Sec:. .. ·--Ped. Crossing Time x 12 . . ' One Hour Pedestrian Volume: Legal Approach Speed: . General Conditions: . , .. . \ .. . . • . . . ' . . .. ' . . . ; .. _ . MAXIMUM •' WARRANTS POINTS POINTS . , .. 1. Gap Time · .10 ' . . . , . 2. Pe:<lcstrian Volumes 5 ' ' . ' .. 3. ;\ppronch Speed 5 ' .. . , . .. . . , . '. . i1.. G1incrnl Conditions . 5 . .. ' , ( Total' . 25 ( ( . . ' ............. ,-..... "!, .. March 24, 2020 Item #1 Page 16 of 41 - ,, . . L0.':AT.rON: .. . DATE; DAY: WEATHER: RECO~DED BY: . f-F I EL 0 OAT A - ,USABLE USASLE USABLE USABLE US.\3LE GAP TIME GAP TIME GAP TIME GAP TIME GA? T J~.:c'. TIME . {SEC.) T IMC: (SEC.) TIME {SEC. I TIMS. (SEC.} TIME (SEC~) .. . . . . . . TOTAL I PEDESTRIAN COUNT . _,~ -! - . . . . . . . . . . . - . . ·. TOTAL 1.EMARICS: . . : . . -. -, - i March 24, 2020 Item #1 Page 17 of 41 MAY, 1972 (_ POLICY NO. 3 (_ SPEED LIMIT REGULATIONS The Traffic Engineer may post prima-faqie 2~ mph speed limits as specified under California Vehicle Code Section 22352 (b) in .valid Business and Residence Districts on identification of speed related . problems I except on ·established throug}:1 highways carrying in excess . - of 2000 vehicles per day. On such through highways, including arterial roads, major roads, and collector streets, realistic speed limits shall be established by action of the_ City Council on the basis of an Engineering and Traffic Suxyey as provided for in Section 22357 of the California Vehicle Code. On City roads and highways carrying in excess of 2000 vehicles . per day, and which do not qualify as valid residence or business dis't:ricts, the c ·ity Council shall establish realistic pr:ima-facie limits. Such limits shai1 be determined by the Traffic Engineer on the basis of an Engineering and Traffic Survey as provided in Sec- .. tions· 22358 and 22358. 5 of the California Vehicle Code. Where .such -prima-facie limits are established, "Reduce Speed Ahead" and/or "End Speed Zone'.' signs may be_ used to i~entify the post_ed limit. The Engineering and Traffic Survey shall follow a method estab- listed by· the State of California, Department of Public Works and .-shall be subject to the provisions of the Calif.ornia Vehicle Code.· The survey includes a review of roadway characteristics such as alignment, grade, and roadside development; an inventory of existing. March 24, 2020 Item #1 Page 18 of 41 ( traffic contrbls: a review of prevailing vehicle speed~, pedestrian - (_ r movements, and traffic volumes~ ·and an analysis of the road~ay's -i accident history. March 24, 2020 Item #1 Page 19 of 41 -· .MAY, 1972 . POLICY r:.;o; 5 4-WAY .STOP C01.\l1J'ROL . s.1 Purccse A fully-justified, prop~rly installed four-way ston can effectively assign right-of-way, reduce ve~icle c.el~1y a:-id decre2.se 2.ccidents. Ge~1e2·ally, a. fou~-wa.y st.op j_ s reserved .for use at the intersection of b·,o throu:{h-highw<!ys, c>-nd onl:r as ~ interir!l traffic co~t:rol measure prior to signalization. s.2 Genera1 The posting of an intersect.ion for four-way stop. control .should be_ based on factual data. Included are: Thro~gh street conditions, accident records, tra.f!'ic and pedestrian volu.liles, and unusual conditions such as proximity of schools, fire stations, etc. Points are assigned to ea.ch-of these c:::-iteria.. The total possible points is _2Q.: The instal.la.tion of four-way stop control is justified ~'i th· a total of 23 points. -- Pri.m.ary ~-T~rrant One of the streets at an intersection n:ust be a through highway before the intersection can be considered· for four-way stop control. A,. I:f street is a·through highway -0 p0ints •. B. If both street$ are through r.J.ghways -5 ·points.·. 5 .4 Accident W2..rr2.nt Two points are assigned for each accident susceptible to correction by four-way stop control curing one full year prior to the investi~ g.:i.tion. H.rt:ci.mt.."U 20 points. 5 .5 Unusu~l Cons.iticn· ';!2.rrant Where unusu,11 conditions cxi st, ruch-2.s a school, fire st2.tion, plzygrour1d, steep till~ ct.c~, !:ointz are aGsi~ned on the basis of enginccrinG jud~rncnt. A_schco~ location in it5clf, is not sufficient jt:stificz.tion for a. four-1-,a.y stop in!;;tclll.&.tion. Ha.xi.mum 5 point:J. March 24, 2020 Item #1 Page 21 of 41 (_ ' 5,6 Volu~e ';fa:--rc?...'1.t A. Total entering vehicle ·volume r.,ust ec_utl ·2,CO0 vehicles for four high est hours in average ilily. .. B. !';ini:nu:n side street volurne :nust equal 680 vehicles during same four-hour p<:!riod. · .Points shall be as!Jigned in accorda.."lce '.·d. th the follo•.-;ing tables: Mai or An~ ;:o ach Minor Aop1":'.> e.ch Li--Hour Yolu."'!',e Points li.-Hour Volu.,:,e P0ints 0 -1400 0 600 -aoo l. 1401 -1700 l 801 -1000 2· 1701. -2'.JCO 2 1001 -1200 3 2001 -2300 3 1201. -14.CO 4 2301 -26oo 4 1401·-16CO 5 2601 -2900 5 1601 -H~OO 6 290J. -3:::.CO 4 1801 --2COO 7 ,3Z>l -3500 3 Z)Ol -2200 8 3501 -JSCO 2 2201 -2400 9 ,3801 -4100 · 1 2401 -over 1d -· 4101 -o-vcr 0 .. .. -13-March 24, 2020 Item #1 Page 22 of 41 MAY, 1972 . POLICY NO. 6 CENTERLINE STRIPING Centerline striping will be inst~lled and maintained at City expense on the following categories of streets and roads in the City" maintained system~ subject to the availability of manpower and funds: l. All ~treets having four or more driving lanes. 2 •. All 2-lane collector roads with pavements narrower than 20 feet but wider than 16 feet carrying an average daily traffic volume of 500 vehic_les. 3. All principal recreational access routes. 4. All other locations where the reported accident records indicate an unmistakable problem susceptible to correction or alleviation by centerline striping. 5. All other locations subject to sporadic severe visibility reductio~s from fog and: 6. a. The alignment of the roadway is winding. b. The·re is little or no roadway shoulder area. c. The area ·which the road traverses can generally be classified as hilly or mountainous. All other locotions subject to sporadic severe visibility ~ reductions from fog, and having an ~veragc aaily traffic in excess of 500 vehicles per day. March 24, 2020 Item #1 Page 24 of 41 i ; - 7. All specific spot locations such as appr6aches to inter- sections, extreme vertical and horizontal· curvature,· and .. crosswalks where _it is necessary to ·alert the motorists of an unusual condition not readily apparent. s. All other locations where the reported accident records indicate a problem susceptible to correction or allevia- tion by centerline striping. Centerline striping shall not be installed and maintained at county expense on streets failing to qualify under one or more of the above warrants; provided, however, the City''.will pro- 1 vide such striping at local expense, based on fifty dollars .($50.00) per mile of broken yellow centerline, when a respon- sible agency or association guarantees the payment for the installation, maintenance and periodic replacement of such striping. March 24, 2020 Item #1 Page 25 of 41 ·c(··OF CAR_L.SB_AD ... COUNCIL P~OL.ICY STATEME-tl;f. ·: .. Genera1 Subject: ADMINISTRATION I Spec i f i c Subj e ct : Deve 1 opmenta 1 Po 1 icy Relating to Critical Planning Areas Policy No. 16 D a t e I s s u e d '~ u q • 2 3 • l 9 7 3 Effective Date Auq.21.197 Cancellation Date* Supersedes No. I C . op1es to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin. Boards, Press, File BACKGROUND: Recently the City Council has had occasion .to deny applications for developmental entitlements because specific questions relating to circulation, flood control and density allocations arising·;n connection with the applications could not be answered due to inadequate information available to the City. The City has under- taken an extensive General Plan revision to insure adequate information is available in evaluating applications and to insure a comprehensive and effective planning program for the City of Carlsbad. Certain areas of Carlsbad with one or more of the above problems have been identified by the City as "Critical Plannir.g Areas". Critical Planning Areas are·defined as those areas of the developed portions of . the city having adverse circulation conditions, areas that may be subject to flooding and developments involving an increase in density or an alteration of land use from. those specified in the existing General Plan. The Council has detennined that it is necessary to insure that appropriate solutions are available to problems presented by an application for development within a Critical Planning Area prior to-making a decision on the· application. RPOSE: To insure that adequate plans and programs .are available and implemented within· the City of Carlsbad in processing developmental activity in order to protect the health, safety.and general welfare and insure an effective planning process. POLICY: It.is the policy of the City Council of the City of Carlsbad that before any decision is made on applications for developments located within a Critical Planning Area that satisfactory plans and programs be presented to· insure the maintenance and development of an orderly, effective and comprehensive planning· process and to insure that the health, safety and welfare of all the residents of the city is protected. -. In order to implement this policy. the City Council finds it necessary to ~ncourage all applicants for projects located in any of the Critical Planning Areas to withhold their applications until the revised General Plan d3ta is available to the City. In evaluating any such application submitted, the Council will be reluctant to give approval pending adoption of the revised General Plan and a resolution of the other problems discussed herein. The City Council also finds it necessary to __ I discontinue the processing of all applications for pre-annexation zone c.hanges for residential development not now scheduled for public hearing before the Planning Commission qr City Council. The City contemplates that the General P.lan revision ~ will be complete by January 1, 1974. Therefore~ this policy will remain in effect/ until that date unless rescinded .by council action prior to that date.* \ March 24, 2020 Item #1 Page 28 of 41 ·- CITY OF CARLSBAD COUNCIL POLICY STATEiIBNT G,~:.neral Suoject: Specific Subject: OPEN SPACE OPEN SPACE MAINTENANCE DISTRICTS Policy No. 23 page 2 of 4 Dct te Is'.:...;ued 8/2/83 Effective Date 8/2/83 Cancellation Date Supersedes No. 23 (1/5/77} Copies to: City Council, City Manager., City Attorney, Department and Division Headsr Employee Bulletin Boards, Press., File DEFINITIONS Open Space Maintenance Areas: Land and water areas within subdivisions, specific pla.ns, or planned· communities which are dedicated in fee to the City or upon which easements for open space purposes have been granted,· excluding the following: City parks to be mairitained out of the general funds of the City; prime open space and conservation areas identified in the Carlsbad General Plan: private recreation areas not open to the public~ Maintenance District: A district to provide maintenance of open space maintenance areas formed pursuant to the 11 Landscaping and Lighting Act of 197211 (Section 22500 et seq. of the Street and Highway Code). Maintain or Maintenance: The furnishing of services and materials for the ordinary and usual maintenarice, operation, and servicifig of any improvement, including: (a) repair, removal or replacement of all or any part of any improvement. (b) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. (c) removal of trimmings, rubbish, debris, and other solid waste (Section 22531, Street and Highway Code). Public Places: One or any combination of the following: (a) Any public street, highway, road, alley, lane, boulevard, parkway, or other way dedicated to or used for public use. (b) Any public property, right-of-way, or leasehold interest which is in use in the performance of a public function and which adjoins any of the ways described in s~bdivision (a) (Section 22535, Street and Highway Code). CRITERIA FOR ESTABLISHING DISTRICTS: The City Council will consider the creation of a ·maintenance district pursuant to the tandscaping and Lighting Act of 1972, or the annexation of addtional territory to an existing district under the -following conditions: 1. The area to be maintained is a public place as defined herein. March 24, 2020 Item #1 Page 30 of 41 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: WEED ABATEMENT Specific Subject: Establish Administrative Fees Polic No.24 P . l of l Date Issued 12/8/81 Effective Date 12/8/81 Cancellation Date Supersedes No.24 of 10/28/80 Copies To: City Council, City Manager, City Attorney, Department Heads, Press, .File PURPOSE: To establish a uniform method for the assessing of administrative fees for the abatement of weeds on private property by the City or it's authorized agent. BACKGROUND: Council approved Policy Statement No. 24, effective 10-28-80, regarding the method of assessing fees to recover administrative costs associated with the Weed Abatement Program. Essentially, two fees were estab- lished. 1. A $12 .00/parcel charge for those who choose to designate the City as their agent. 2. A $75.00/parcel charge for those who do not abate their parcels on their own or who do not designate the City as their agent. The Fire Department has recently acquired responsibility for the Weed Abatement Program and is making changes in the way the program is operated. STATEMENT OF POLICY: The City will recover a portion of the Administrative costs, direct and indirect, incurred by the operators of the Weed Abatement Pro- gram. The total cost of the program will be calculated at the end of each cleaning cycle. The costs attributable to those lots requiring cleaning by the City or it 1 s authorized agent will be collected from the owners of those parcels. Those costs attribu- table to those parcels which did not require cleaning by the City or i-t 1 s authorized agent will not be recovered. The maximum administrative charge shall not exceed $125.00 per individual parcel. March 24, 2020 Item #1 Page 33 of 41 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: AGRICULTURAL POLICY Specific Subject: Interim AgricuJtural Policy Policy No. 29 Date I~sued 9-2-80 Effective Date 9-2-·80 t Cancellation Date Supersedes No. . Copies to: City Council, City Manager, City Attorney, Department and· Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish an interim policy for the use of land which is•not designated as aJricultural in the General Plan. STATEMENT OF POLICY: It is the policy of the City Council to eftcourage productive management of Carlsbad's natural resources. This policy includes the temporary agri- cultural use of land which is not designated as agricultural in the General Plan. Such agricultural activity, whether carried on by the property owner or by a lessee, shall not in any way indicate that the property will be zoied agriculture, This policy shall not preclude the ultimate devetopment of land used for agriculture provided that development is consistent with Carlsbad's ordinances and policies. It is also the policy of the City Council that a Site Deveiopment Permit be requ·ir~d fo'r all agric·ultural activities conducted on previously undisturbec land. This shall assure that grading and clearing operations do not disturt potentially valuable and significant environmenfal resources. This interim agricultural policy also encourages active enforcement of the goals arid policies now contained in different element~ of the General Plan w hi ~.h d ea 1 s p e c i f i c a 11 y w i th a gr i cu 1 t u re . As an additional part of this interim policy an agricultural advisory com- mittee shall be formed. This committee sh~ll be comprised of citizens from the agricultural community, Planning Commission, and City Council. The committee's purpose will be to document agriculture's problems in Carlsbad, evaluate and select various solutions, propose incentives for retaining farmland, and return a report to the Planning Commission and City Council. This report would be considered as the basis for an agricultural element to the General Plan. March 24, 2020 Item #1 Page 34 of 41 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: RECLAIMED WATER USE Specific Subject: Policv No. 42 Date Issued 3/21/89 Effective Date 3/21/89 Cancellation Date Supercedes No. 42, dated 2/7/89 Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE To ensure that all proposed new land use developments are reviewed to determine if it is feasible to require that reclaimed water be used for commercial, industrial and construction purposes; open space, golf course and landscaping irrigation and agricultural purposes. STATEMENT OF POLICY Reclaimed water shall be used on all new land use developments proposed within the City of Carlsbad for all State approved non-potable uses, if it can be reasonably determined by the Utilities & Maintenance Director and the City Engineer that reclaimed water is available to serve to the parcel, or will be available to serve the parcel in the future. The availability of reclaimed water to be supplied to any new 1 and use development shall be based on the 1989 Water Reclamation Master Plan for the City of Carlsbad and any addenda thereto. Installation of dual irrigation systems and connectio-ns to reclaimed water sources shall be required by the Utilities & Maintenance Director and the City Engineer, subject to the terms and conditions of the 1989 Water Reclamation Master Plan and any addenda thereto. March 24, 2020 Item #1 Page 36 of 41 ,· .. .- ~-,_;_ __________________________________ -. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: SOLJD WASTE MANAGEMENT Specific Subject: Policy No. 46 ( page 1 of 4 -pages) Date Issued 3 / 1 9 / 91 Effective Date 3 / 1 9 / 91 Cancellation Date N / A Supersedes No. N I A Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File BACKGROUND: The California Integrated Waste Management Act of 1989 adopted as AB 939 (the "Act"), requires Carlsbad and the other cities of San Diego County to assume major new responsibilities for solid waste. Under the "Act", cities and the County are required to develop and approve their own "solid waste plans", known as Source Reduction and Recycling Elements. All cities and the County are required to cooperate in finding mutually acceptable, environmentally safe and financially feasible programs and facilities to meet the solid waste disposal needs of the region. Landfill capacity in San Diego County has been depleted. Carlsbad has supported expansion of the San Marcos landfill and agreed to consider accepting a transfer station. The City also has supported the County's efforts to site new landfills and is committed to · citywide recycling. However, Carlsbad, Escondido, Oceanside and Encinitas have opposed incineration of solid waste on environmental, land use compatibility and economic grounds. The City is responsible for managing solid waste within Carlsbad and for participation in mutually acceptable regional solutions. The City Council has therefore, determined to state its policy for solid waste management. PURPOSE: This Policy is intended to implement the "Act" and provide guidance for the City's involvement in regional solid waste management issues. The Policy will provide guidance to staff in developing the City's source reduction, recycling element and direction for the programs of source reduction, recycling and recovery necessary to meet the 25 percent and 50 percent diversion requirements of the Act. Achievement of these diversion goals requires important changes in the ways that residents, businesses, institutions, haulers and the City itself create, handle, process and dispose of solid waste. The City will actively promote these changes with cost effective and environmentally safe programs. March 24, 2020 Item #1 Page 37 of 41 CITY OF CARLSBAD COUNCIL POLICY STATEMENT GeneraJ Subject: SOLID WASTE MANAGEMENT Specific Subject: Policy No. 46 (page 2 of 4 pa~es) Date Issued 3/19/91 Effective Date 3 / 19 / 91 Cancellatidn Date N / A Supersedes No. N / A Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File This Policy also expresses the City's preference for a regional solid waste management system, controlled by responsible public agencies. POIJCY: 1. Integrated Waste Management: A. Source reduction, recycling, reuse and composting are the most appropriate strategies to accomplish reduction in the amount of solid waste to be disposed of in environmentally safe sanitary landfills. This hierarchy of strategies is in accordance with the requirements of the "Act". B. A publicly controlled solid waste management system, which protects the environment and the rate payer, is preferred. However, if a publicly controlled system cannot meet the needs of the City, private sector alternatives will be considered. C. A regional joint powers agency (JP A) should be formed to cooperatively implement the Integrated Waste Management Plan created under the "Act11• The JP A should have the power to conduct source reduction activities and site, acquire, develop, permit and operate solid waste facilities provided for in the Integrated Waste Management Plan for San Diego County. All agencies are invited to join the JP A, however, it is believed that a JP A can be effective with less than 100 percent membership. · D. Ownership and control of the waste stream will be retained so that Carlsbad's waste can be directed toward the most cost effective and environmentally safe solid waste management strategies. All contracts for refuse collection in the City will provide that the City retains ownership of refuse set out for collection. March 24, 2020 Item #1 Page 38 of 41 . . CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. 46 (page 3 of 4 pag;es) Date Issued 3/19/91 Effective Date 3 / 19 / 91 Cancellation Date NI A General Subject: Supersedes No. N/A SOLID WASTE MANAGEMENT Specific Subject: Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards. Press. File 2. Environmental Protection and Resource Conservation: 3. Disposal of refuse in properly constructed landfills is acceptable, while incineration of refuse is unacceptable. Adequate landfill sites are available. The factors that cause other agencies to accept incineration of refuse Oandfill unavailability and ground water pollution from landfill leachate), do not exist in this region. Moreover, incineration does·not appear to be a cost effective strategy compared to comprehensive materials recovery facilities and landfills. Maximum Source Reduction and Materials Recovery: Waste reduction programs and materials reuse, recycling and composting programs must be used to the fullest extent feasible. A region-wide source reduction program should be promptly implemented. 4. Recycling: A. City wide collection of recyclables from residences and businesses will be provided. 8. Private and public sector markets for recycled materials will be actively promoted. The City will purchase recyclable materials and goods made from recycled materials whenever possible. · C. Private and public sector waste . reduction and recycling efforts will be actively promoted. Carlsbad will accord priority consideration to existing private sector, volunteer and non-profit programs and operations in the development of municipal waste reduction and recycling activities. March 24, 2020 Item #1 Page 39 of 41 CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No.46 {page 4 of 4) Date Issued 6/4/91 * Effective D-at-e--6,...7,..,4...,./.,,.9-=-i --- General Subject: · SOLID WASTE MANAGEMENT Cancellation Date N / A ------Supersedes No. 46 dated 3/19/91 Specific Subject: * Page 4 of Council Policy #46 was revis by minute motion on 6/4/91 to correct a typographical error. No changes were made to the rest of the document which Copies to:· was approved on 3/19/91. City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 5. Financing of Solid Waste Management Programs and Facilities: A. Fees, grants and service fees should find the City's Solid Waste Program. Waste disposal, in particular, should not be subsidized. Facilities and services should be as cost effective as possible. Major disposal facilities should be constructed by governmental agencies only after a fair and honest public bidding request for proposal or equivalent process. In evaluating solid waste management alternatives, priority will be given to a regional system under public control which protects the ratepayer. B. Acquisition, construction and operation of solid waste facilities requires an assured, stable source of funds. It is recognized that the City must pledge revenues to assure stable cap.ital and operating funds for the solid waste management racilities used by the City. Carlsbad will oppose the so called "two-tier fee" for the disposal of solid waste. C. Fees to mitigate impacts of solid waste facilities should be imposed through the CEQA process. Carlsbad opposes 11 host fees" as a means to generate revenues for general purposes. Such fees establish an expectation that land use decision are for sale. Solid waste facilities . should be sited as the public interest requires; based on environmental review and good, objective land use, zoning and planning consideration. Possible adverse environmental effects from a facilities should be identified during the environmental process and fully mitigated, as requir1ed by CEQA. Mitigation measures might require the payment of fees to mitigate ongoing impacts. Such fees must meet the AB 1600 nexus. Carlsbad ha.s accepted its share of regional facilities through the environmental process and fully expects others to do the same for solid waste facilities. March 24, 2020 Item #1 Page 40 of 41 CITY OF CARLSBAD Policy No .. __ 50 ______ _ COUNCIL POLICY STATEMENT Date Issued 10/22/91 Effective Date 10/22/91 General Subject: Solid Waste Cancellation Date_...::.:;n"-/=-a __ _ Supersedes No. _n__./_a ___ _ Specific Subject: Mandatory Recycling Program Enforcement Copies to: PURPOSE: City Council, City Manager, City Attorney, Department and Division Heads1 Employee Bulletin Boards, Press, File To establish a procedure for enforcing the Mandatory Recycling Program. POLICY: The City's Recycling Enforcement Program seeks to identify and communicate with individua households and businesses that do not comply with the Mandatory Recycling Ordinance. Thi City's general goal in enforcement is not to punish, but to gain compliance with the mandator recycling provisions. March 24, 2020 Item #1 Page 41 of 41