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HomeMy WebLinkAbout2021-01-12; City Council; ; Introduce an Ordinance to Amend and Add Carlsbad Municipal Code Sections on City Engineer Roles and ResponsibilitiesMeeting Date: Jan. 12, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Paz Gomez, Deputy City Manager, Public Works paz.gomez@carlsbadca.gov, 760-602-2751 Subject: Districts: Introduce an Ordinance to Amend and Add Carlsbad Municipal Code Sections on City Engineer Roles and Responsibilities Citywide Recommended Action Introduce an ordinance amending Sections 2.08.035, 2.24.020, 3.40.030, 8.48.020, 10.33.020, 11.16.020, 11.16.030 and 20.04.020 and adding Sections 2.08.036, 2.08.037 and 13.16.020 of the Carlsbad Municipal Code on city engineer roles and responsibilities. Executive Summary The primary role of the city engineer is to ensure that city infrastructure, such as roads, bridges, facilities and related improvement projects, comply with adopted engineering standards and practices, while adhering to budgetary and environmental requirements. The position oversees the execution and construction of capital improvement program projects and works closely with engineers and construction contractors. Close working relationships are needed because the person serves as the final authority over whether a project complies with city engineering standards, approved plans and specifications and whether it should be accepted into the city’s capital assets maintenance program. The city engineer manages multiple contracts throughout the engineering process and is responsible for resolving contract disputes. In most jurisdictions, the city engineer is located within the public works department because the job is typically responsible for building and maintaining the city’s infrastructure and capital assets. The city engineer’s responsibilities are often delegated to various deputy city engineers, who are assigned various roles and functions and make decisions as the city engineer designee on relevant matters. They may report to a different manager within the organization, but will typically consult with the city engineer as required. Currently, the role of city engineer has been assigned to the land development engineering manager, who works within the Community Development Department. Because this manager is not part of the Public Works Branch, the job does not include active participation in the review and development of Capital Improvement Program projects. Because of this, this manager must spend extensive time becoming familiar with Capital Improvement Program projects to make decisions and resolve conflicts. Jan. 12, 2021 Item #3 Page 1 of 16 To address this organizational issue, the Public Works Branch and the Community Development Department are pursuing an organizational change through an amendment to the Carlsbad Municipal Code to better align the city engineer’s roles and responsibilities with the current best practices. Discussion Historically, the city engineer position was in the former Public Works Department until a reorganization resulted in transferring the duties to the land development engineering manager. This change was made in 2011, when Carlsbad Municipal Code Section 2.08.035 was amended to define the city engineer as the engineering manager - land development. (Ordinance CS-164 § 4, 2011). Currently, the land development engineering manager has the primary responsibility of reviewing grading, drainage, stormwater and road improvements that are associated with private development projects. The manager does not have oversight on such matters as Capital Improvement Program contracts, project and construction management or inspections, which means the manager has to dedicate significant time to getting up to speed on public works projects to make decisions and resolve conflicts. Staff propose the following changes to address this issue: • Transferring the city engineer responsibilities from the land development engineering manager to the Public Works transportation director, who is a registered professional engineer certified by the state of California. The transportation director currently oversees Capital Improvement Program project engineers, is familiar with various public works projects and can make timely engineering determinations and decisions. • Clarifying that the land development engineering manager will continue to oversee engineering review of private land development applications as a deputy city engineer. The manager will continue to report to the community development director, but will make decisions as the city engineer designee on relevant land development engineering matters and will consult with the city engineer as required. There are currently other deputy city engineers in Public Works, including engineering managers or equivalent positions in traffic engineering (also referred to as the city traffic engineer), construction management and inspection, transportation and drainage engineering and facilities engineering. These positions require current registration as professional engineers in the state of California. Two of these deputy city engineers will continue to report to a different manager within the organization, but will typically consult with the city engineer as required. Similarly, the Carlsbad Municipal Water District’s district engineer/deputy city engineer for utilities engineering will continue to report to the CMWD general manager/utilities director, but will make decisions as the city engineer designee on relevant utilities engineering matters and will consult with the city engineer as required. This item was reviewed by the Municipal Code and City Council Policy Update Subcommittee on Oct. 21, 2020. The subcommittee recommended the item be presented to the City Council for consideration. Fiscal Analysis The existing fiscal year 2020-21 budgets for the City Attorney’s Office and City Clerk’s Office include sufficient funding for the cost of amending the referenced code provisions. Jan. 12, 2021 Item #3 Page 2 of 16 Next Steps The city clerk will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the city clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under California 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 Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Ordinance 2. Proposed amendments to Carlsbad Municipal Code Sections 2.08.035, 2.24.020, 3.40.030, 8.48.020, 10.33.020, 11.16.020, 11.16.030 and 20.04.020 with revisions highlighted and addition of Sections 2.08.036, 2.08.037 and 13.16.020 Jan. 12, 2021 Item #3 Page 3 of 16 ORDINANCE NO. CS-389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS 2.08.035, 2.24.020, 3.40.030, 8.48.020, 10.33.020, 11.16.020, 11.16.030 AND 20.04.020 AND ADDING SECTIONS 2.08.036, 2.08.037, AND 13.16.020 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments to reflect a realignment of city engineer roles and responsibilities to improve efficiencies, maximize effectiveness and more closely align the positions with associated roles and responsibilities; 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; and WHEREAS, on Oct. 21, 2020, the Subcommittee reviewed and supported the proposed amendments to the applicable Code sections regarding city engineer roles and responsibilities. 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 2.08, Section 2.08.035 is amended to read as follows: 2.08.035 Definition of city engineer. The term "city engineer" as used in this Code is defined as the "transportation director," or designee, and is the person authorized to perform the functions of the city engineer as defined in California Government Code Section 66416.5. 3.Carlsbad Municipal Code Title 2, Chapter 2.08, is amended to add Sections 2.08.036 and 2.08.037 to read as follows: 2.08.036 Definition of deputy city engineer. The term "deputy city engineer" as used in this Code is defined as a licensed, registered professional engineer in the State of California who has been designated by the city engineer to perform duties delegated to the deputy city engineer. 2.08.037 Definition of district engineer. The term "district engineer" as used in this Code is defined as a licensed, registered professional engineer in the State of California who has been authorized to perform district engineer duties for Carlsbad Municipal Water District matters. Jan. 12, 2021 Item #3 Page 4 of 16 4.Carlsbad Municipal Code Title 2, Chapter 2.24, Section 2.24.020 is amended to read as follows: 2.24.020 Composition—Appointment. The planning commission shall consist of seven members to be appointed pursuant to Section 2.15.050, and of three ex officio members who shall be the city engineer, the city attorney and the city planner. For the purposes of the planning commission membership, the city engineer shall mean the city engineer or deputy city engineer, land development engineering. 5.Carlsbad Municipal Code Title 3, Chapter 3.04, Section 3.04.030 is amended to read as follows: 3.40.030 Definitions. As used in this chapter, the following terms shall have the following meanings: "Administrative services director" shall mean the administrative services director of the city or designee. "Building permit" means a permit required by and issued pursuant to Chapter 18.04 of the Carlsbad Municipal Code. "Chapter 21.90" means Chapter 21.90 of the Carlsbad Municipal Code as it may be amended from time to time. "City" shall mean the City of Carlsbad. "City council" shall mean the city council of the city. "City engineer" shall mean the city engineer or designee. "Eligible improvements" shall mean those improvements for which the cost of construction thereof may be eligible for reimbursement pursuant to this chapter. "Eligible incidental costs" shall mean those incidental costs that may be eligible for reimbursement pursuant to this chapter and which the city engineer determines are reasonable and customary for the work performed or services provided. "LFMP improvements" means those public facilities and improvements identified in an LFMP that are needed to accommodate development with the LFMZ for which such LFMP was prepared pursuant to Chapter 21.90. "LFMZ property" or "LFMZ properties" means a property or the properties, as applicable, within a local facilities management zone. "Local facilities management plan" or "LFMP" shall have the meaning given such term in Chapter 21.90. "Local facilities management zone" or "LFMZ" means a local facilities management zone established pursuant to Chapter 21.90. "Occupancy permit" means a permit required by and issued pursuant to Chapter 21.60 of the Carlsbad Municipal Code. "Project" means any project undertaken on LFMZ properties for the purpose of development. "Project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. "Public agency" shall mean any city or county, whether general law or chartered, special district, school district or any other municipal corporation, district, or political subdivision of the State of California. "Reimbursement fee" means a fee adopted pursuant to the Charter of the City of Carlsbad, this chapter and any city council resolution adopted pursuant to this chapter. Jan. 12, 2021 Item #3 Page 5 of 16 "Reimbursement fee study" means a study prepared or caused to be prepared by the city engineer pursuant to Section 3.40.090 hereto pertaining to a request for establishment of a reimbursement fee. "Requesting party" means the owner or developer of LFMZ property within an LFMZ that has filed a request pursuant to Section 3.40.050 hereto that the city establish a reimbursement fee pursuant to the provisions of this chapter. "Requesting party" also means, collectively, the owners and/or developers of LFMZ properties within an LFMZ that have jointly filed such a request. 6. Carlsbad Municipal Code Title 8, Chapter 8.48, Section 8.48.020 is amended to read as follows: 8.48.020 Exceptions. A. An owner/occupant or resident/tenant of residential property may engage in a home improvement or home construction project between the hours of 8:00 a.m. and 6:00 p.m. on Sundays and holidays, subject to modification by subsection B of this section, provided such project is for the benefit of said residential property and is personally carried out by said owner/occupant or resident/tenant. B. The building official, city engineer, or other official designated by the city manager may modify the hours of construction specified in Section 8.48.010. In making a determination to lengthen or shorten the hours of construction, the city official shall consider the following: 1.Whether the project is an emergency repair required to protect the health and safety of any member of the community; 2.Whether the construction would be less objectionable at night than during daylight hours; 3.The character and nature of the neighborhood in the vicinity of the work site; 4.The potential for great economic hardship; 5.If the work is in the interest of the general public; 6.Whether there is a previously unforeseen effect on the health, safety or welfare of the public; and 7.Any history of complaints regarding compliance with the limitation on hours of construction. C. As used in this section, "city engineer" shall mean the city engineer or designee, who is the deputy city engineer, construction management and inspection. 7. Carlsbad Municipal Code Title 10, Chapter 10.33, Section 10.33.020 is amended to read as follows: 10.33.020 Definitions. Whenever in this chapter the following words or phrases are used they shall mean: "City engineer" means the city engineer or designee, who is the city traffic engineer. "Oversize" means any vehicle and/or load in excess of the size and weight of vehicles and/or loads allowed to be moved or operated on highways under the provisions of the Vehicle Code of the State of California. 8. Carlsbad Municipal Code Title 11, Chapter 11.16, Sections 11.16.020 and 11.16.030 are amended to read as follows: Jan. 12, 2021 Item #3 Page 6 of 16 11.16.020 Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the following meanings as set out in this section: "City engineer" means the city engineer or designee, who is the deputy city engineer, land development engineering. "Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this definition, which is placed in, under or over any portion of a public place. "Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material structure or object of any kind or character, whether enumerated in this definition or not which is constructed, left, placed or maintained in, upon, along, across, under or over any public place. "Improvement plans" means the construction plans, prepared by a civil engineer, in accordance with city standards for the purpose of describing a public improvement to be constructed, repaired, rehabilitated and/or otherwise installed in a public place. The term may also be used to mean the construction plans, prepared by a civil engineer, in accordance with city standards for the purpose of describing a private improvement to be constructed, repaired, rehabilitated and/or otherwise installed on private property or in a public easement or right-of-way. "Plans" means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place. "Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use. "Specification" means the Standard Specifications for Public Works Construction (current edition including supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such other specifications noted on approved plans. "Standard drawings" means the "standard drawings" of the City of Carlsbad, adopted and revised by the city engineer and the most recently adopted San Diego Area Regional Standard Drawings. In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as described in Chapter 15.04, shall apply to this chapter. 11.16.030 City engineer's authority and responsibilities. This chapter shall be administered by the city engineer who shall have the responsibility and authority to: A.Establish the form and procedures for application for right-of-way permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits; B.Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter; C.Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter; D.Issue right-of-way permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare; E.Consider and approve amendments, including extensions, of any right-of-way permit issued when such amendment is necessary to provide for the safe and efficient movement of traffic or to protect public places, persons or property; Jan. 12, 2021 Item #3 Page 7 of 16 F. The city engineer shall, subject to the authority of the city manager pursuant to Section 1.08.020, administer and enforce the provisions of this chapter. 9. Carlsbad Municipal Code Title 13, Chapter 13.16 is amended to add Section 13.16.020 to read as follows: •13.16.020 Definitions. As used in this chapter, "city engineer" shall mean the city engineer or designee, who is the deputy city engineer, utilities engineering. 10. Carlsbad Municipal Code Title 20, Chapter 20.04, Section 20.04.020 is amended to read as follows: 20.04.020 Definitions. Words used in this title that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section: "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of this title and certified by the city engineer as having been approved pursuant to this title and filed in the office of the city engineer. "Bicycle" means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement. "Bicycle route" means the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled. "Cable television lines" means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic signals. "Certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. "City engineer" means the city engineer or designee, who is the deputy city engineer, land development engineering. "City standards" means those standards and specifications, including standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and in the engineering department. "Conditional certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto. "Development permit" means any permit, entitlement or approval required pursuant to Title 20 or 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. "Final map" means a map prepared pursuant to Chapter 20.20 of this title and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision. "Improvement" means: 1. Such street work and utilities, including ornamental street lights and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map: Jan. 12, 2021 Item #3 Page 8 of 16 2. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any specific plan, any applicable local coastal plan or any applicable master plan adopted according to this title. "Interior lot" shall have the same definition as specified by Section 21.04.230 of this code. "Major subdivision" means a subdivision of five or more lots. "Minor subdivision" means a subdivision of four or fewer lots. "Notice of violation" means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division in violation of the Subdivision Map Act and city ordinances enacted pursuant thereto. "Parcel map" means a map prepared pursuant to Chapter 20.32 of this title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision. "Street" means a state highway, county or city road or street, public road, street, alley or thoroughfare. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself/herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Section 4100 of the California Civil Code, a community apartment project, as defined in Section 4105 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the California Civil Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. "Tentative map" means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and around it, filed with the city planner precedent to the preparation and filing of a final map, and may, but need not be, based upon an accurate and detailed final survey of the property. "Tentative parcel map" means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing conditions in and around it, filed with the city planner for approval or conditional approval prior to the preparation and filing of a parcel map or prior to waiver of the requirement for a parcel map, and may, but need not be, based upon an accurate and detailed final survey of the property. "Through lot" means a lot having frontage on two parallel or approximately parallel streets. "Vesting tentative map" means a tentative map for a subdivision which conforms to the requirements of Chapter 20.17 and confers upon the subdivider certain rights established by this title. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map. Jan. 12, 2021 Item #3 Page 9 of 16 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 12th day of January, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2021, 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. 12, 2021 Item #3 Page 10 of 16 PROPOSED REVISIONS TO CARLSBAD MUNICIPAL CODE ON CITY ENGINEER ROLES AND RESPONSIBILITIES Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.08 OFFICERS—EMPLOYEES GENERALLY 2.08.035 Definition of city engineer. The term “city engineer” as used in this Code is defined as the “engineering manager—land developmenttransportation director,” or designee, and is the person authorized to perform the functions of the city engineer as defined in California Government Code Section 66416.5. (Ord. CS-164 § 4, 2011) 2.08.036 Definition of deputy city engineer. The term “deputy city engineer” as used in this Code is defined as a licensed, registered professional engineer in the State of California who has been designated by the city engineer to perform duties delegated to the deputy city engineer. 2.08.037 Definition of district engineer. The term “district engineer” as used in this Code is defined as a licensed, registered professional engineer in the State of California who has been authorized to perform district engineer duties for Carlsbad Municipal Water District matters. Chapter 2.24 PLANNING COMMISSION 2.24.020 Composition—Appointment. The planning commission shall consist of seven members to be appointed pursuant to Section 2.15.050, and of three ex officio members who shall be the city engineer, the city attorney and the city planner. For the purposes of the planning commission membership, the city engineer shall mean the city engineer or deputy city engineer, land development engineering. (Ord. CS-367 § 2, 2019; Ord. CS-164 §§ 10, 14, 2011; Ord. CS-040 § I, 2009; Ord. NS-676 §§ 1, 2, 2003; Ord. 1256 § 1, 1982; Ord. 1200 § 1, 1977; Ord. 1157 § 1, 1973; Ord. 1020 § 2) Title 3 REVENUE AND FINANCE Chapter 3.40 CARLSBAD REIMBURSEMENT FEE 3.40.030 Definitions. As used in this chapter, the following terms shall have the following meanings: “Administrative services director” shall mean the administrative services director of the city or designee. “Building permit” means a permit required by and issued pursuant to Chapter 18.04 of the Carlsbad Municipal Code. “Chapter 21.90” means Chapter 21.90 of the Carlsbad Municipal Code as it may be amended from time to time. “City” shall mean the City of Carlsbad. EXHIBIT 2 Jan. 12, 2021 Item #3 Page 11 of 16 “City council” shall mean the city council of the city. “City engineer” shall mean the city engineer of the city or designee. “Eligible improvements” shall mean those improvements for which the cost of construction thereof may be eligible for reimbursement pursuant to this chapter. “Eligible incidental costs” shall mean those incidental costs that may be eligible for reimbursement pursuant to this chapter and which the city engineer determines are reasonable and customary for the work performed or services provided. “LFMP improvements” means those public facilities and improvements identified in an LFMP that are needed to accommodate development with the LFMZ for which such LFMP was prepared pursuant to Chapter 21.90. “LFMZ property” or “LFMZ properties” means a property or the properties, as applicable, within a local facilities management zone. “Local facilities management plan” or “LFMP” shall have the meaning given such term in Chapter 21.90. “Local facilities management zone” or “LFMZ” means a local facilities management zone established pursuant to Chapter 21.90. “Occupancy permit” means a permit required by and issued pursuant to Chapter 21.60 of the Carlsbad Municipal Code. “Project” means any project undertaken on LFMZ properties for the purpose of development. “Project” includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. “Public agency” shall mean any city or county, whether general law or chartered, special district, school district or any other municipal corporation, district, or political subdivision of the State of California. “Reimbursement fee” means a fee adopted pursuant to the Charter of the City of Carlsbad, this chapter and any city council resolution adopted pursuant to this chapter. “Reimbursement fee study” means a study prepared or caused to be prepared by the city engineer pursuant to Section 3.40.090 hereto pertaining to a request for establishment of a reimbursement fee. “Requesting party” means the owner or developer of LFMZ property within an LFMZ that has filed a request pursuant to Section 3.40.050 hereto that the city establish a reimbursement fee pursuant to the provisions of this chapter. “Requesting party” also means, collectively, the owners and/or developers of LFMZ properties within an LFMZ that have jointly filed such a request. (Ord. CS-281 § 1, 2015) Title 8 PUBLIC PEACE, MORALS AND SAFETY Chapter 8.48 NOISE 8.48.020 Exceptions. A. An owner/occupant or resident/tenant of residential property may engage in a home improvement or home construction project between the hours of 8:00 a.m. and 6:00 p.m. on Sundays and holidays, subject to modification by subsection B of this section, provided such project is for the benefit of said residential property and is personally carried out by said owner/occupant or resident/tenant. B. The building official, city engineer, or other official designated by the city manager may modify the hours of construction specified in Section 8.48.010. In making a determination to lengthen or shorten the hours of construction, the city official shall consider the following: 1. Whether the project is an emergency repair required to protect the health and safety of any member of the community; 2. Whether the construction would be less objectionable at night than during daylight hours; Jan. 12, 2021 Item #3 Page 12 of 16 3. The character and nature of the neighborhood in the vicinity of the work site; 4. The potential for great economic hardship; 5. If the work is in the interest of the general public; 6. Whether there is a previously unforeseen effect on the health, safety or welfare of the public; and 7. Any history of complaints regarding compliance with the limitation on hours of construction. C. As used in this section, “city engineer” shall mean the city engineer or designee, who is the deputy city engineer, construction management and inspection. (Ord. CS-211 § 2, 2013; Ord. 3109 § 1, 1978) Title 10 VEHICLES AND TRAFFIC Chapter 10.33 OVERSIZE VEHICLE OR LOAD PERMIT 10.33.020 Definitions. Whenever in this chapter the following words or phrases are used they shall mean: “City engineer” means the city engineer or designated representative designee, who is the city traffic engineer. “Oversize” means any vehicle and/or load in excess of the size and weight of vehicles and/or loads allowed to be moved or operated on highways under the provisions of the Vehicle Code of the State of California. (Ord. NS-471 § 1, 1999) Title 11 PUBLIC PROPERTY Chapter 11.16 PERMITS FOR WORK OR ENCROACHMENTS IN PUBLIC PLACES 11.16.020 Definitions. For the purpose of this chapter, the following words, terms and phrases shall have the following meanings as set out in this section: “City engineer” means the city engineer of the City of Carlsbad or designated representativedesignee, who is the deputy city engineer, land development engineering. “Encroachment” means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this definition, which is placed in, under or over any portion of a public place. “Facility” means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer or any other material structure or object of any kind or character, whether enumerated in this definition or not which is constructed, left, placed or maintained in, upon, along, across, under or over any public place. “Improvement plans” means the construction plans, prepared by a civil engineer, in accordance with city standards for the purpose of describing a public improvement to be constructed, repaired, rehabilitated and/or otherwise installed in a public place. The term may also be used to mean the construction plans, prepared by a civil engineer, in accordance with city standards for the purpose of Jan. 12, 2021 Item #3 Page 13 of 16 describing a private improvement to be constructed, repaired, rehabilitated and/or otherwise installed on private property or in a public easement or right-of-way. “Plans” means the document developed and approved by the city engineer describing the nature and extent of works proposed to be constructed or carried out on a public place. “Public place” means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park, square, plaza or other similar public property owned or controlled by the city and dedicated to public use. “Specification” means the Standard Specifications for Public Works Construction (current edition including supplements) written and promulgated by Southern California Chapter American Public Works Association and Southern California District Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such other specifications noted on approved plans. “Standard drawings” means the “standard drawings” of the City of Carlsbad, adopted and revised by the city engineer and the most recently adopted San Diego Area Regional Standard Drawings. In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as described in Chapter 15.04, shall apply to this chapter. (Ord. CS-164 § 13, 2011; Ord. NS-878 § 1, 2008; Ord. NS-386 § 2, 1996) 11.16.030 City engineer’s authority and responsibilities. This chapter shall be administered by the city engineer who shall have the responsibility and authority to: A. Establish the form and procedures for application for right-of-way permits required pursuant to this chapter including the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security deposits; B. Interpret the provisions of this chapter and advise the public regarding requirements for plans, specifications and special provisions for facilities or encroachments subject to the provisions of this chapter; C. Establish format and content of plans and standards governing work on facilities or encroachments pursuant to the provisions of this chapter; D. Issue right-of-way permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and welfare; E. Consider and approve amendments, including extensions, of any right-of-way permit issued when such amendment is necessary to provide for the safe and efficient movement of traffic or to protect public places, persons or property; F. The city engineer shall, subject to the authority of the community and economic development director city manager pursuant to Section 1.08.020, administer and enforce the provisions of this chapter. (Ord. NS-386 § 2, 1996) Jan. 12, 2021 Item #3 Page 14 of 16 Title 13 SEWERS Chapter 13.16 DISCHARGE OF INDUSTRIAL WASTE 13.16.020 Definitions. As used in this chapter, “city engineer” shall mean the city engineer or designee, who is the deputy city engineer, utilities engineering. Title 20 SUBDIVISIONS Chapter 20.04 GENERAL REGULATIONS 20.04.020 Definitions. Words used in this title that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section: “Adjustment plat” means a plat prepared pursuant to Chapter 20.36 of this title and certified by the city engineer as having been approved pursuant to this title and filed in the office of the city engineer. “Bicycle” means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement. “Bicycle route” means the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled. “Cable television lines” means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic signals. “Certificate of compliance” means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. “City engineer” means the city engineer or designee, who is the deputy city engineer, land development engineering. “City standards” means those standards and specifications, including standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and in the engineering department. “Conditional certificate of compliance” means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto. “Development permit” means any permit, entitlement or approval required pursuant to Title 20 or 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. “Final map” means a map prepared pursuant to Chapter 20.20 of this title and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision. “Improvement” means: 1. Such street work and utilities, including ornamental street lights and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map; Jan. 12, 2021 Item #3 Page 15 of 16 2. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any specific plan, any applicable local coastal plan or any applicable master plan adopted according to this title. “Interior lot” shall have the same definition as specified by Section 21.04.230 of this code. “Major subdivision” means a subdivision of five or more lots. “Minor subdivision” means a subdivision of four or fewer lots. “Notice of violation” means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division in violation of the Subdivision Map Act and city ordinances enacted pursuant thereto. “Parcel map” means a map prepared pursuant to Chapter 20.32 of this title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision. “Street” means a state highway, county or city road or street, public road, street, alley or thoroughfare. “Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself/herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.” “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 4100 of the California Civil Code, a community apartment project, as defined in Section 4105 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the California Civil Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. “Tentative map” means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and around it, filed with the city planner precedent to the preparation and filing of a final map, and may, but need not be, based upon an accurate and detailed final survey of the property. “Tentative parcel map” means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing conditions in and around it, filed with the city planner for approval or conditional approval prior to the preparation and filing of a parcel map or prior to waiver of the requirement for a parcel map, and may, but need not be, based upon an accurate and detailed final survey of the property. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. “Vesting tentative map” means a tentative map for a subdivision which conforms to the requirements of Chapter 20.17 and confers upon the subdivider certain rights established by this title. “Vesting tentative parcel map” means a vesting tentative map prepared in conjunction with a parcel map. (Ord. CS-241 § 1, 2014; Ord. CS-192 § 2, 2012; Ord. CS-155 § 1, 2011; Ord. NS-813 § 1, 2006; Ord. 9830 § 1, 1987; Ord. 9788 § 1, 1985; Ord. 9760 § 5, 1985; Ord. 9626 § 1, 1982; Ord. 9602 § 1, 1981; Ord. 9521 §§ 1, 2, 1979; Ord. 9417 § 2, 1975) Jan. 12, 2021 Item #3 Page 16 of 16 Introduce an Ordinance to Amend and Add Carlsbad Municipal Code Sections on City Engineer Roles and Responsibilities Paz Gomez Deputy City Manager, Public Works Jan. 12, 2021 1 Recommendation •Introduce an ordinance –amending Sections 2.08.035, 2.24.020, 3.40.030, 8.48.020, 10.33.020, 11.16.020, 11.16.030, and 20.04.020 and –adding Sections 2.08.036, 2.08.037, and 13.16.020 –of the Carlsbad Municipal Code on city engineer roles and responsibilities 2 City Engineer •Ensures infrastructure and projects comply with adopted engineering standards and practices •Oversees construction of capital improvement program (CIP) projects •Works closely with engineers and construction contractors 3 City Engineer •Final authority over whether a project –complies with city engineering standards, approved plans and specifications, and –should be accepted into the city’s capital assets maintenance program •Manages multiple contracts throughout the engineering process •Resolves contract disputes 4 City Engineer •In most jurisdictions –located within the public works department –PW is typically responsible for building and maintaining the city’s infrastructure and capital assets 5 Carlsbad Municipal Code •Historically, city engineer was in PW •2011 –CMC Section 2.08.035 amended to define the city engineer as the land development engineering (LDE) manager within the community development department (CD) 6 LDE Manager •LDE manager does not actively participate in review and development of CIP projects –must spend extensive time getting up to speed to make decisions and resolve conflicts •PW and CD are pursuing an organizational change to better align the city engineer’s roles and responsibilities 7 Proposed Changes •Transfer city engineer responsibilities to PW transportation director –registered professional engineer in California •Currently oversees CIP project engineers, is familiar with various PW projects and can make timely engineering determinations and decisions 8 Deputy City Engineers •City engineer’s responsibilities are often delegated to various deputy city engineers (DCEs) –proposed definitions of DCEs including district engineer for Carlsbad Municipal Water District •DCEs may report to a different manager within the organization but will typically consult with the city engineer as required 9 Proposed Changes •LDE manager will continue to –oversee engineering review of private land development applications as a DCE –perform current role in Planning Commission –report to the CD director –make decisions as the city engineer designee on land development engineering matters –consult with the city engineer as required 10 Proposed Changes •Carlsbad Municipal Water District –district engineer/DCE for utilities engineering •Other DCEs in PW –engineering managers for construction management and inspection, traffic, transportation, drainage and facilities engineering 11 Proposed Changes •DCEs require current registration as professional engineers in California •Proposed changes will be cost-neutral 12 Subcommittee Review •Presented to Municipal Code Update Subcommittee on Oct. 21, 2020 13 Recommendation •Introduce an ordinance –amending Sections 2.08.035, 2.24.020, 3.40.030, 8.48.020, 10.33.020, 11.16.020, 11.16.030, and 20.04.020 and –adding Sections 2.08.036, 2.08.037, and 13.16.020 –of the Carlsbad Municipal Code on city engineer roles and responsibilities 14 Thank you 15