HomeMy WebLinkAbout2020-09-01; City Council; ; Rescind City Council Policies 6, 7, 32 and 34Meeting Date: Sept. 1, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Assistant to the City Manager
Sheila.Cobian@carlsbadca.gov or 760-434-2917
Subject: Rescind City Council Policies 6, 7, 32 and 34
Recommended Action
Adopt a resolution rescinding City Council Policies 6, 7, 32, and 34.
Executive Summary
The City Council’s ad hoc Carlsbad Municipal Code and City Council Policy Update
Subcommittee decided at its June 24, 2020, meeting to recommend that the full council rescind
four City Council policies that are obsolete or conflict with other laws.
Four votes of the council are required to rescind City Council policies.
Discussion
The subcommittee was created on July 23, 2019, to work on a comprehensive update on the
city’s Municipal Code and a review of City Council policies. The subcommittee, comprised of
City Council members Blackburn and Schumacher, assists staff from the City Attorney’s Office
and City Clerk’s Office with recommendations for the update.
The policies the subcommittee has recommended for rescission are:
City Council policy Reason for rescission
6 - Uniform Allowance (Replacement of
Uniforms Damaged During Unusual or
Emergency Conditions)
Has been added into the memorandums
of understanding with city employee
groups.
7 - Administration (Uniform Allowance and
Rental)
Has been added into the memorandums
of understanding with city employee
groups.
Sept. 1, 2020 Item #2 Page 1 of 11
32 - Public Facilities Management System
Superseded by section 21.90 of the
Carlsbad Municipal Code.
This Citywide Facilities and Improvement
Plan also covers this.
34 - Review of Applications for Development
Projects
California Government Code Section
56920 - Planning and Zoning Law
addresses the time limits for a lead agency
to approve or disapprove development
permits.
The subcommittee is continuing to review City Council policies and will be bringing forth
additional recommendations in the future.
Fiscal Analysis
The fiscal year 2020-21 budgets for the City Attorney’s Office and the City Clerk’s Office Include
sufficient funding to rescind City Council policies.
Next Steps
The City Clerk’s Office will update the City Council policies on the internet and in the city’s
electronic document management system to reflect that they have been rescinded.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for viewing at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
2. City Council policies 6, 7, 32 and 34
Sept. 1, 2020 Item #2 Page 2 of 11
RESOLUTION NO. 2020-179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESCINDING CITY COUNCIL POLICIES 6, 7, 32, AND 34
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 staff with a comprehensive update of the city's Municipal Code, and expanded the
update to include both the Code and City Council Policies (Policies); and
WHEREAS, the Subcommittee recommends the City Council rescind Policies 6, 7, 32, and
34 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 16, 7, 32, and 34 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 6, Uniform Allowance (Replacement of Uniforms Damaged During
Unusual or Emergency Conditions), is rescinded.
3. Council Policy 7, Administration (Uniform Allowance and Rental), is rescinded.
4. Council Policy 32, Public Facilities Management System, is rescinded
5. Council Policy 34, Review of Applications for Development Projects, is rescinded.
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Sept. 1, 2020 Item #2 Page 3 of 11
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 1st day of September, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None. caivizz(
MATT HALL, Mayor
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BARBARA ENGLESON, City Clerk
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Sept. 1, 2020 Item #2 Page 4 of 11
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CITY OF CARLSBAD Policy No. 6
COUNCIL POLICY STATEMENT Date Issued 3-2-71
General Subject: UNIFORM ALLOWANCE Effective Date 3-2-71
Specific Subject: Replacement of Uniforms Cancellation Date
Damaged During Unusual
or Emeraencv Conditions Supersedes No.
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
PURPOSE:
To state City policy regarding replacement of uniforms for police
and fire personnel, which have been damaged under unusual or emer-
gency circumstances.
STATEMENT OF POLICY:
The City of Carlsbad shall pay for all or part of the replacement
cost of any uniform of a public safety employee when such uniform
has been damaged beyond repair while an employee is engaged in duties
as a City employee and arising from some unusual or emergency circum-
stances such as: a police officer's uniform being ripped while appre-
hending a suspect, or a fireman's uniform being burned or ripped while
engaged in fire fighting activities.
It is not meant to replace uniforms damaged due to normal wear and
tear or old age. In determining amount of payment, consideration
will be given to age of the uniform in question.
PROCEDURE:
The damaged uniform should be turned in to the Department Head, and
a formal request made in writing for the replacement of the uniform
or equipment, setting forth the circumstances under which it was de-
stroyed or damaged, the approximate condition of the item or garment
prior to the damage or destruction, and the exact cost of replacing
the item or garment.
c
Exhibit 2
Sept. 1, 2020 Item #2 Page 5 of 11
CITY OF.CARLSBAD Policy No. 7
COUNCIL POLICY STATEMENT Date Issued 8-3-71
General Subject: ADMINISTRATION Effective Date 8-31-71
Specific Subject:Uniform Allowance & Rental 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 of the City Council regarding provision of uni- forms and uniform allowances for various employees as specified in the
following statement:
STATEMENT OF POLICY:
It is the policy of the City Council:
1. To provide uniforms for these miscellaneous employees required
to be uniformed and to provide safety shoes for those employ- ees whose job ljsts such a required tool, including Federal or State funded employees who may be hired.
2. To authorize a uniform-clothing allowance for all Police De-
partment safety members, in the amount of $1,5D.O0 annually;
and for all miscellaneous Police Department personnel required to be uniformed,in the amount of $100.00 annually.
(a) To provide a "cleaning allowance" of $5.00 per month for
Police Reserve Officers on active duty.
(b) To provide a uniform for the Police Cadet. This will be
provided for the sum of $50.00 annually.
3. To authorize a uniform-clothing allowance for all Fire Depart- ment safety members required to be uniformed, in the amount of $150.00 annually.
(a) To provide a uniform allowance for the Fire Department
volunteers in the amount of $37.50 each annually.
Sept. 1, 2020 Item #2 Page 6 of 11
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Policy No. 32 (page 1 of 2)]
Date Issued 9-28-82 I 1
%neral Subject: PUBLIC FACILITIES
Specific Subject: PUBLIC FACILITIES MANAGEMEN s~smc4 (PFMS)
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Effective Date -- g-28321
Cancellation Date -
Supersedes No -.1- .j
Copies to: City Council, City Manager, City Attorney, Department and : Division Heads, Employee Bulletin Boards, Press, File 7
PURPOSE :
1. To establish a management system (PFMSJ that monitors the demand for, ~ public facilities that results from new development.
2. To establish seven public facilities - water, sewer, parks, library, circulation and administrative facilities as those to be monitored by PFMS.
3. To establish demand standards as the minimum acceptable service levels to be utilised by PFMS.
The City Council, for a number of years, has been concerned about the impact of new development on the city's ability to provide public facilities and services. City Council has taken several steps to ensure the availability of public facilities concurrent with need as mandated by the city's Public Facilities Element ef the General Plan. Council established Policy No. 17 and the concevt of the Public Facilities Fee to provide a partial funding source for facilities demanded by new development. In concept, the method of calculating the Public Facilities Fee (PFF) percentage requires an estimated building permit valuation for all new development that will be constructed between and and buildout. The total cost of unfunded facilities needed bv that new develowment is divided by the estimated permit valuation resulting in the PFF percentage. Council also established the Comprehensive Planning Program which included Growth Management. The city hired the private consulting firm of Sedway/Cooke to prepare an Interim Growth Management Report.
The Interim Growth Management Report recommended that that city continue collecting the Public Facilities Fee and also establish a system to monitor the demand for public facilities. City Council directed staff to explore ways to implement the recommendations contained in the Interim Growth Management Report. To that end, staff prepared the July 27, 1982 report that recommends the establishment of the Public Facilities Management System (PFMS).
STATEMENT OF POLICY:
It is the policy of the City Council to establish the Public Facilities Management System (PFMS). I The PFMS will provide an informational link to decision makers,
Sept. 1, 2020 Item #2 Page 7 of 11
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‘ CITY OF CARLSBAD
COUNCIL POLICY STATEMBNT
General Subject:
3pecific Subject:
Policy NO. 32 (page 2 of 2)
Date Issued 9-28-82
Effective Date9-28-82
Cancellation Date
Supersedes No.
Zopies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
rrhich will coordinate the Capital Improvement Proqram (CIP), Goals and lbjectives and Operating Budget. The PFMS will monitor the impact of new development on public facilities. Periodic PFMS monitoring reports gill provide early warning regarding public facility needs prior to the ZIP preparation. The PFMS monitoring will also aid the City Council rhen they review and adopt the city's golas and objectives each year. Expansion and upgrading of facilities.that are identified in the PFMS nonitoring report as becoming inadequate can be made a priority Council goal and objective.
Information from the PFMS will also aid in coordinating the operating xidget with the CIP. The same PFMS information that will give decision nakers an early warming on public facilities needs can also be used in assuring the availability of maintenance and operation monies from the operating budget for those public facilities.
It his also the policy of the City Council to establish the specific public facilities as well as the minimum service levels which will be nonitored by the PFMS. The following is the list of public facilities and their minimum service levels that will be monitored by PFMS:
1. Water - Demand fully uses the design capacity. 2. Sewer - Average daily flow equals design capacity.
3 T Parks - At least two acres of developed community parks, 2.5 acres of Special Resource Areas, and 0.5 acres of Special Use Facilities. 4. Library - At least 0.6 square feet per capita. 5. FireProtection -When 1.500 additional units are within five-minute response time of a future fire station that station should be built. 6. Circulation - Traffic volume should be less than 90% of road capacity. I. Administrative- Facility space should be at least that for the Facilities target populations listed below:
Space Requirement in Sq. Ft. Target Populations
64,540 35,000 101,000 60,000 115,000 100,000
The details of PFMS are outlined in the July 27, 1982 staff report to the City Council titled: Public Facilities Management System.
Sept. 1, 2020 Item #2 Page 8 of 11
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CITY OF CARLSBAD Page 1 of 2 Policy No. 34
COUNCIL POLICY STATEMENT Date Issued 6/11/84
;eneral Subject: DEVELOPMENT PROJECTS Effective Date 6/11/84
;pecific Subject:STAFF REVIEW OF APPLICATIONS FOR DEVELOPMENT PROJECTS. e
:opies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
PURPOSE
To establish a policy and procedure to insure an orderly and thorough review of all applications for development projects which require consideration by the Planning Commission and City Council.
STATEMENT OF POLICY
It is the policy of the City Council to require that all applications for development projects have a thorough, comprehensive review by staff before the projects are scheduled for consideration by the Planning Commission and City Council. In order to insure that sufficient time is provided for this review, it is the policy of the City Coun&il to establish a procedure for determining the order in which ,~projects are reviewed. In general, the normal scheduling of applications for development projects shall be based on the order in which the applications are filed with the City. When the workload does not permit the normal scheduling of all applications filed with the City, staff shall not schedule more applications than staff can review in a thorough, comprehensive and efficient manner. Priority for processing and scheduling shall be given to those applications for which all information is complete and all issues have been addressed. In this regard, the following procedures shall apply:
1. Once the\ application is filed with the City, staff shall review the application for completeness, complexity of project and unresolved issues.
2. If the application is complete and no issues are' identified, the project shall be forwarded for normal scheduling based on the order in which the application is filed with the City.
3. If additional information is needed, unresolved issues are identified or additional time is needed for review of the application, staff shall forward its findings to the Issue Review Committee consisting of Director of Building and Planning, the City Engineer and the Land Use Planning
Manager. Guidelines for determining major unresolved issues shall include the following:
Sept. 1, 2020 Item #2 Page 9 of 11
CITY OF CARLSBAD Page 2 of 2
Policy No.34
COUNCIL POLICY STATEMENT Date Issued 6/11/84
General Subject: DEVELOPMENT PROJECTS Effective Date 6/11/84
Specific Subject: STAFF REVIEW OF APPLICATIONS Cancellation Date FOR DEVELOPMENT PROJECTS.
Supersedes No.
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
A. Size, scale or complexity of project.
B. Major environmental concerns.
C. Inadequate plans or insufficient information.
D. Major circulation/traffic problems.
E. Major engineering concerns (drainage, soils, sewer).
F. Project requires change in general plan, zoning, master plan or other city ordinance.
4. The Issue Review Committee shall review the findings of staff. If confirmed, the project shall be put on hold and the project app1ican.t shall be notified of the problems or
issues. The project shall not be scheduled for consideration by the Planning Commission or City Council until ~the issues have been addressed and an adequate, thorough recommendation can be made by staff.
5. The Issue Review Committee shall review all projects put on hold on a monthly basis to determine the status of the issues or problems. Once all the issues or problems have been resolved, the project shall be forwarded for normal scheduling based on the existing workload.
ATTACHMENTS: Processing Flow Chart
Sept. 1, 2020 Item #2 Page 10 of 11
ATTACHMENT TO POLICY NO. 34
\. APPLICATION SUBMITTED
r~
I I PLANNING REVIEW ENGINEERING REVIEW
I
I I ISSUES IDENTIFIED
I
NO ISSUE IDENTIFIED
I ISSUE REVIEW NORMAL SCHEDULINGj COMMITTEE
DIRECTOR OF BUILDtWO AND CLAWNINa
CITY LNOINECR
LAND UIE CLANNINQ YANAQLR ,-
+lSSUE CONFIRMED
& APPLICANT NOTIFIED-
PROJECT PUT ON HOLD I ONE MONTH
1 issuE REVIEW COMMITTEE
I 1 ,- SSUE NOT RESOLVED ISSUE RESOLVED-
Sept. 1, 2020 Item #2 Page 11 of 11