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Home My WebLink About2021-02-16; City Council; ; Revisions to Council Policy No. 1 - Adoption of City Council Policy StatementsMeeting Date: Feb. 16, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Assistant to the City Manager sheila.Cobian@carlsbadca.gov, 760-434-2917 Subject: Revisions to Council Policy No. 1 - Adoption of City Council Policy Statements Districts: All Recommended Action Adopt a resolution approving revisions to City Council Policy No. 1 - Adoption of City Council Policy Statements. Executive Summary The City Council’s ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee decided at its Jan. 6, 2021, meeting to recommend that the full council approve revisions to City Council Policy No. 1. Four votes of the City Council are required to amend City Council policies. Discussion The ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee was created on July 23, 2019, to work on a comprehensive update of the city’s Municipal Code and City Council policies. The subcommittee, comprised of City Council Members Blackburn and Schumacher, assists staff from the City Attorney’s Office and City Manager’s Office with recommendations for the update and review of policies. The subcommittee recommends the City Council approve revisions to City Council Policy No. 1, Adoption of City Council Policy Statements, as shown in Exhibit 1, Attachment A. Council Policy No. 1, Adoption of City Council Policy Statements, provides the overall guidance for creating council policies. Council policies are generated to cover procedures and municipal functions of the city that are not adopted by ordinance and codified in the Carlsbad Municipal Code. Over a course of meetings held in 2020, the subcommittee reviewed City Council Policy No. 1, and determined revisions were needed to provide additional guidance on generating a council policy. The revisions include defining a principle plan or course of action, providing an explanation of the policy’s purpose and need, as well as including support for evidence-based policymaking. Fiscal Analysis The fiscal year 2020-21 budgets for the City Attorney’s and City Clerk’s Offices includes sufficient funding to revise City Council policies. Feb. 16, 2021 Item #2 Page 1 of 5 Next Steps The City Clerk’s Office will update the City Council policies on the intranet, in the city’s electronic document management system and the city’s website to reflect the updated City Council Policy. Environmental Evaluation (CEQA) In keeping with California Public Resources Code Section 21065, the recommended action does not constitute a "project" within the meaning of the California Environmental Quality Act because the action has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, the action does not require environmental review. Public Notification and Outreach 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.City Council Resolution 2.City Council Policy No. 1, issued Aug. 18, 1970 Feb. 16, 2021 Item #2 Page 2 of 5 RESOLUTION NO. 2021-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING REVISED CITY COUNCIL POLICY NO. 1, ADOPTION OF CITY COUNCIL POLICY STATEMENTS 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 to the city's Municipal Code, and expanded the update to include both the Code and City Council Policies; and WHEREAS, the Subcommittee recommends the City Council adopt revised Council Policy No. 1, Adoption of City Council Policy Statements, that provides guidance for generating council policies. 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.Revised Council Policy No. 1, Adoption of City Council Policy Statements (Attachment A) is adopted. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of February, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor 111 11(4 V/17) BARBARA ENGLESON, Citytlerk (SEAL) Feb. 16, 2021 Item #2 Page 3 of 5 Attachment A City Council POLICY STATEMENT Policy No. 1 Date Issued Resolution No. Subject: Adoption of City Council Policy Statements Purpose The City Council of the City of Carlsbad is responsible for establishing policies to guide the municipal functions of the city. Regulatory policies established by the City Council are adopted by ordinance and codified in the Carlsbad Municipal Code. The City Council wishes to establish and maintain a system for adopting additional policies which by their nature do not require adoption by ordinance. The purpose of such policies is to express a principle, plan or course of action of the City Council and to establish standard practices and procedures for the City Council, city boards and commissions, and city staff. Statement of policy 1.This policy establishes procedures for the preparation, distribution, and maintenance of City Council Policies. 2.The City Clerk shall be the custodian of records for City Council Policies. 3.City Council Policies shall not conflict with any federal or state law, the city charter, or any city ordinance. 4.City Council Policies should reflect and support evidence-based policymaking — using the best available research and data to guide policy and funding decisions. 5.All policies shall be adopted, amended or rescinded by a resolution receiving four affirmative votes of the City Council. Procedure A.Any member of the City Council, the City Manager, or the City Attorney may place a proposed City Council Policy on the City Council agenda. A proposal for a City Council Policy should include an explanation of the policy's purpose and need. B.The City Council may by minute motion direct the creation of a policy and assign its preparation to a member of the City Council, the City Manager or the City Attorney. C.Prior to final adoption, the City Manager, in cooperation with the City Attorney and the City Clerk, shall assign a brief title and place the policy within a prescribed format. D.Upon final adoption, the City Clerk shall maintain all City Council Policies in a format that makes them readily accessible and easily searchable by city staff and the general public. E.The City Manager is authorized to issue Administrator Orders with procedures necessary to implement City Council Policies. City Council Policies shall be deemed directory in nature. Failure to comply with the provisions of a City Council Policy shall not be deemed a violation of any law nor be the basis for any legal action against the city, any city officer or employee, or any other person or entity. Feb. 16, 2021 Item #2 Page 4 of 5 CITY OF CARLSBAD I L Copies to: City Council,, City Manager, City Attorney, Department and Division Feads. EmDlovee Bulletin Boards. Press. File Policy No. 1 L. COUNCIL POLICY STATEMENT Date Issued 8-18-70 I' PURPOSE: To clearly identify policies of the City Council not covered by ordinances, and to make such policies of the City Council readily available to all con- cerned: STATEMENT OF POLICY: 1. There is hereby established the Council Policy Manual. 2. The Policy Manual shall be in loose-leaf form. 3. Policies of the Council shall not conflict with any ordinance of the 4. All policies shall receive foi*r (4) Councti votes. 5. A policy shall be in writing and include, as required: City. (7) The background (2) Its purpose (3) A concise statement of the policy 1 Genera.1 Subject: ADMINISTRATION /' ' ney may place a proposed policy on the Council Agenda, provided that a written statement of the proposal is distributed prior to Council consi deration. ration to a member of the Council or the City Manager. B. The Council may direct the creation of a policy and assign its prepa- Effective Date 8-18-70 Specific Subject: Adoption of Council Cancellation Date Pol icy Statements Supersedes No. - (Res. No. 1775) PROCEDURE: D. Following adoption the policy shall be indexed and printed for general distribution to City Officials and interested parties. t .. I *. . -Z I Exhibit 2 Feb. 16, 2021 Item #2 Page 5 of 5