HomeMy WebLinkAbout2022-10-11; City Council; ; Rescind City Council Policy No. 35 - Sewer Master Plan and Policy No. 49 - Recycled ProductsCA Review _RMC_
Meeting Date: Oct. 11, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Paz Gomez, Deputy City Manager, Public Works
paz.gomez@carlsbadca.gov, 442-339-2751
Subject:
Districts:
Rescind City Council Policy No. 35 - Sewer Master Plan and Policy No. 49 -
Recycled Products
All
Recommended Action
Adopt a resolution rescinding City Council Policy No. 35 - Sewer Master Plan and Policy No. 49 -
Recycled Products.
Executive Summary
Public Works staff reviewed City Council policies associated with their programs and duties.
Staff recommend rescinding two City Council policies that are obsolete or conflict with other
laws.
Four affirmative votes of the council are required to rescind City Council policies under City
Council Policy No. 1, adopted via Resolution No. 2021-042.
Public Works staff, with assistance from the City Attorney’s Office and the City Clerk’s Office,
recommend the following policies be rescinded:
City Council policy no. Reason for rescission
35 – Sewer Master Plan
Carlsbad Municipal Code Sections 13.10.030,
13.10.040 and 13.12.080 and adoption of sewer
master plan updates by City Council resolution
now supersede Council Policy No. 35.
Oct. 11, 2022 Item #1 Page 1 of 7
City Council policy no. Reason for rescission
49 – Recycled Products
This policy was originally enacted to address
requirements of Assembly Bill 939 and encouraged
city departments to use and purchase products
with high recycled content. The city has an
updated Administrative Order No. 12, which
addresses procurement of recycled products.
Additionally, the City Council approved the
Sustainable Materials Management Plan and
Sustainable Materials Management
Implementation Plan, which includes compliance
with all current regulatory requirements and
approved sustainability initiatives, exceeding those
required by Council Policy No. 49.
Fiscal Analysis
There is no fiscal impact to rescinding the policies at this point.
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electronic document management system to reflect that they have been rescinded.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
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
This item was noticed 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 Policy No. 35
3. City Council Policy No. 49
Oct. 11, 2022 Item #1 Page 2 of 7
RESOLUTION NO. 2022-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING CITY COUNCIL POLICY NOS. 35 AND 49
WHEREAS, Public Works staff have reviewed City Council policies associated with their duties;
and
WHEREAS, staff recommend the City Council rescind Council Policy Nos. 35 and 49 because they
are obsolete or conflict with other laws or city authority; and
WHEREAS, the City Council agrees with staff's recommendation and has determined that
Council Policy Nos. 35 and 49 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 No. 35, Sewer Master Plan, is rescinded.
3.Council Policy No. 49, Recycled Products, is rescinded.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of October, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
None.
Hall.
�MATT HALL, Mayor
L iAVIOLA MEDINA, City Clerk Services Manager r-(SEAL)
Exhibit 1
Oct. 11, 2022 Item #1 Page 3 of 7
.--------------------.------------------, ,·
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
GENERAL SUBJECT: SEWER MASTER PLAN
SPECIFIC SUBJECT: FINANCING AND
PAGE 1 OF 2 POLICY NO: 35
DATE ISSUED: 4/5/88
EFFECTIVE DATE: 4/5/88
CANCELLATION DATE:
SUPERSEDES NO: 35 Dated: 4/23/85
CONSTRUCTION OF FACILITIES
COPIES TO: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
The City has had an unwritten pol icy that the City would pay for sewer treatment plants, sewer trunk line upgrading and facilities owned jointly with other agencies. All new sewer trunk lines and lines within subdivisions were to be paid for by developers. Past actions indicate that this had been a consistent policy.
The City has completed a revised Master Plan of Sewerage report dated December 1987 which has determined sewer 1 i ne sizes and 1 ocat ions, future revenue and costs and sets out a plan for what the City should pay.
PURPOSE:
To establish a written Council policy on payment for facilities to enable staff to prepare appropriate five-year Capital Improvement Programs.
To communicate to developers Council policy regarding the requirement that they pay for sewer trunk 1 ines and local sewer 1 ines within subdivisions and make them aware of their responsibilities under the Growth Management Program.
POLICY:
The City shall pay for the following facilities from the Sewer Capital Construction Fund:
1.Encina Phase IV and V treatment pl ant expansion, effluent disposalline and reclamation at Calavera Hills treatment plant.
2.All sewer interceptors identified in the Master Plan of Sewerage.
3.All pump stations and force mains identified in the Master Pl an ofSewerage.
Exhibit 2
Oct. 11, 2022 Item #1 Page 4 of 7
,,
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
PAGE 2 OF 2 POLICY NO: 35
DATE ISSUED: 4/5/88
EFFECTIVE DATE: 4/5/88 GENERAL SUBJECT: SEWER MASTER PLAN CANCELLATION DATE:
SPECIFIC SUBJECT: FINANCING AND SUPERSEDES NO: 35 Dated: 4/23/88
CONSTRUCTION OF FACILITIES
COPIES TO: city Council, city Manager, city Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
All new sewer trunk lines identified in the Master Plan of Sewerage and all new sewer lines within a development shall be installed by the developer at his sole expense.
Facilities funded through the Sewer Capital Construction Fund shall be scheduled for construction as indicated in the annual City Capital Improvement Program. Where accelerated construction of any facility is required due to development activity the facility shall be constructed by developers subject to reimbursement as agreed when funds become available.
The City Council adopted the Master Plan of Sewerage report prepared by Wilson Engineering December 1987 as the working plan for the City of Carlsbad Sewer service area.
PROCEDURE:
I.Specific sewer trunk lines to be built by developers and the estimatedcosts are contained in the Master Plan of Sewerage report datedDecember 1987.
2.Estimated future sewerage flows, pipe sizes and pipe capacities arecontained in the Sewer Master Pl an report dated December 1987 by Wi 1 sonEngineering.
3.Detailed fl ow project ions, the Growth Management Monitoring Program andthe Calavera Hills Treatment Plant Report are contained in the Appendicesof the Master Plan of Sewerage dated December 1987 by Wilson Engineering.
Oct. 11, 2022 Item #1 Page 5 of 7
r
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: PROCUREMENT POLICY
Specific Subject: RECYCLED PRODUCTS
Policy No. 49
Page 1 of 2
Date Issued 9/J/91Effective Date 9/3/91
Cancellation Date n/ a
Supersedes No. n/a
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND:
Solid waste management poses an increasingly difficult challenge as America's consumption increases and landfill space becomes more scarce. With the
enactment of the California Integrated Waste Management Act of 1989 (AB 939), recycling is now the law in California. The City of Carlsbad, as well as the County of San Diego and other cities are involved in implementing recycling services to meet the requirements of the new law and to conserve natural resources.
The City's implementation of a recycling program, by itself, is insufficient. Recycling has not truly taken place until the recycled material has been used in the manufacture of a product and that product has been purchased and placed in use. As processing facilities and markets become available, additional recycled materials can be purchased by the City. State and local government purchases account for 12-13 percent of the gross national product. Government purchases can have a direct and meaningful influence on the market place.
PURPOSE:
It is the intent of the City Council that the City of Carlsbad taku a leadership role not only in recycling its waste products but also in the purchase of recycled products for use in the delivery of City services. It is the purpose of this policy to provide direction to the City Manager and Purchasing Officer in the procurement and use of recycled products.
POLICY:
1 . It is the policy of the City of Carlsbad to purchase and use recycled products
whenever possible except when such use negatively impacts health, safety or operational efficiency.
2.The purchase of products that cannot be recycled or reused is strongly
discouraged.
Exhibit 3
Oct. 11, 2022 Item #1 Page 6 of 7
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: PROCUREMENT POLICY
Specific Subject: RECYCLED PRODUCTS
Policy No. 49
Page 2 of 2
Date Issued 9/3/91
Effective Date 9/3/91
Cancellation Date n/ a
Supersedes No. n/a
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
3.Recycled paper shall be purchased and used in all copy machines that will acceptit and shall be used for all printing purposes possible. When feasible, a recycled
paper logo or statement "Printed on recycled paper" shall be used.
City departments and divisions shall use recycled paper for their letterhead,envelopes and business cards. A recycled paper designation shall be printed onall letterhead.
4.City departments shall examine their purchasing specifications and where feasible,restructure them to require the use of products that incorporate recycled materialsin their manufacture. Whenever possible, these products shall state they are madeof recycled materials. The Recycled Products List shall include but not be limitedto the following:
1)Paper products2)Construction supplies
3)Automotive, road and highway supplies
4)Landscape materials and equipment
5)Janitorial supplies
6)Plastic materials and equipment
7)Glass and rubber supplies.
5.A 15% preference, not to exceed $1,000 per contract, shall be given to recycledproducts. The preference percentage shall be based on the lowest bid or price
quoted by the vendor or contractor offering nonrecycled products.
6.The Purchasing Department shall prepare for the City Council an annual report onthe implementation of this policy.
7.The City shall cooperate with the County of San Diego, SANDAG and othergovernmental agencies in the development of programs and procedures which willfurther this policy.
Oct. 11, 2022 Item #1 Page 7 of 7