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Home My WebLink About2025-06-24; City Council; 13; Adoption of Ordinance No. CS-496 Establishing the Environmental Sustainability CommissionCA Review CKM Meeting Date: June 24, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Faviola Medina, City Clerk Services Director faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-496 Establishing the Environmental Sustainability Commission Districts: All Recommended Actions Adopt Ordinance No. CS-496 amending Chapter 2.15 – Boards and Commissions and repealing and replacing Chapter 2.34 of the Carlsbad Municipal Code, establishing the Environmental Sustainability Commission. Executive Summary The recommended action adopts Ordinance No. CS-496 amending Chapter 2.15 – Boards and Commissions and repealing and replacing Chapter 2.34 of the Carlsbad Municipal Code, establishing the Environmental Sustainability Commission. On April 22, 2025, the City Council adopted Resolution No. 2025-088, approving the transition of the Beach Preservation Commission to the Environmental Sustainability Commission effective July 24, 2025. The proposed ordinance provides the municipal code revisions to establish the new commission. Explanation & Analysis Ordinance No. CS-496 was introduced and first read at the City Council meeting held on June 17, 2025. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-496. This second reading allows the City Council to adopt the ordinance. Fiscal Analysis The Beach Preservation Commission has been supported by the Parks & Recreation Department. Supporting the new commission will require staff time from the Environmental Sustainability Department. The City Manager will evaluate any additional staffing needs associated with commission-related tasks. June 24, 2025 Item #13 Page 1 of 6 Docusign Envelope ID: D7932819-E1B3-4E04-8377-CC426195D796 Next Steps The City Clerk’s Office will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. The ordinance will be effective 30 days after its adoption. Environmental Evaluation The proposed action to amend the Carlsbad Municipal Code to establish the Environmental Sustainability Commission is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. Exhibits 1. Ordinance No. CS-496 June 24, 2025 Item #13 Page 2 of 6 Docusign Envelope ID: D7932819-E1B3-4E04-8377-CC426195D796 Exhibit 1 ORDINANCE NO. CS-496. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.15 – BOARDS AND COMMISSIONS AND REPEALING AND REPLACING CHAPTER 2.34 OF THE CARLSBAD MUNICIPAL CODE, ESTABLISHING THE ENVIRONMENTAL SUSTAINABILITY COMMISSION WHEREAS, on April 22, 2025, the City Council voted to transition the Beach Preservation Commission to a new Environmental Sustainability Commission effective July 24, 2025; and WHEREAS, the purpose of the Environmental Sustainability Commission will be to support the Carlsbad Community Core Values of open space, the natural environment and sustainability, and the Carlsbad Strategic Plan Goal of sustainability and the natural environment; and WHEREAS, this purpose will be fulfilled through education, policy discussion, community engagement and where appropriate, providing recommendations to the City Council; and WHEREAS, the Environmental Sustainability Commission will investigate, research and make recommendations to the City Council on topics, studies and programs, including natural resources and open space, beach nourishment and shoreline preservation, and climate adaptation and environmental sustainability; and WHEREAS, the organizational composition of this commission will consist of seven members: three nominated by the Mayor and one nominated by each district Council Member, with terms coinciding with the term of the Mayor or Council Member making the nomination. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1.That the above recitations are true and correct. 2. That the City Council has determined that the proposed action to amend the Carlsbad Municipal Code to establish the Environmental Sustainability Commission is exempt from environmental review under the California Environmental Quality Act, or CEQA, Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3.That the Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.050 is amended to read as follows: June 24, 2025 Item #13 Page 3 of 6 Docusign Envelope ID: D7932819-E1B3-4E04-8377-CC426195D796 2.15.050 Appointments. A.Appointments to the planning commission, parks and recreation commission, community-police engagement commission, traffic safety and mobility commission and environmental sustainability commission shall be made by the following process: 1.The mayor and each council member shall nominate one individual to serve on each of the commissions for a term coinciding with the term of the council member making the appointment. The mayor shall nominate two additional individuals to serve on each of the planning commission, parks and recreation commission, traffic safety and mobility commission, and environmental sustainability commission. All nominations shall be subject to ratification by a majority vote of the city council. If a nominee is not approved by a majority vote of the city council, the council member making the nomination may nominate another individual at the same or a subsequent meeting. In the event that a member of the city council does not make any nomination within 45 days of the date the council member is sworn into office or within 60 days of the occurrence of a vacancy, the appointment will be made by the mayor with the approval of the city council. 2.Although each member of the city council elected by a district shall use his or her best efforts to appoint individuals residing in that district to these commissions, members of the city council may appoint individuals not residing in their districts in their discretion in order to ensure that the most interested and qualified individuals serve on the commissions. B.Appointments to the investment review board shall be made by the city treasurer with the approval of the city council. Appointments to all other city boards and commissions shall be made by the mayor with the approval of the city council. 4.That the Carlsbad Municipal Code Chapter 2.34 Beach Preservation Commission is repealed and replaced by Carlsbad Municipal Code Chapter 2.34 Environmental Sustainability Commission to read as follows: Chapter 2.34 ENVIRONMENTAL SUSTAINABILITY COMMISSION Sections: 2.34.010 Created. 2.34.020 Membership. 2.34.030 Duties. 2.34.040 Powers delegated to commission to be advisory. 2.34.010 Created. An environmental sustainability commission for the city is established. June 24, 2025 Item #13 Page 4 of 6 Docusign Envelope ID: D7932819-E1B3-4E04-8377-CC426195D796 2.34.020 Membership. The environmental sustainability commission shall consist of seven members appointed pursuant to Section 2.15.050(A). 2.34.030 Duties. The environmental sustainability commission shall investigate, research and make recommendations to the City Council on topics, studies and programs, related to: A.Natural resources and open space B.Beach nourishment and shoreline preservation C.Climate adaptation and environmental sustainability 2.34.040 Powers delegated to commission to be advisory. Nothing in this chapter shall be construed as restricting any of the powers of the city council, or as a delegation to the environmental sustainability commission of any of the authority or discretionary powers vested and imposed by law in the city council. The city council declares that the public interest, convenience and welfare require the appointment of an environmental sustainability commission to act in a purely advisory capacity to the city council for the purposes enumerated. Any power delegated to the commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of administrative authority. (Ord. CS-452 § 2, 2023) SEVERABILITY: If any portion of this ordinance, or its application to particular persons or circumstances is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter to persons or circumstances not similarly situated. 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. June 24, 2025 Item #13 Page 5 of 6 Docusign Envelope ID: D7932819-E1B3-4E04-8377-CC426195D796 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 17th day of June, 2025, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of June, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 24, 2025 Item #13 Page 6 of 6 Docusign Envelope ID: D7932819-E1B3-4E04-8377-CC426195D796