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HomeMy WebLinkAbout2022-05-02; Traffic and Mobility Commission; Agendas City Attorney 1200 Carlsbad Village Drive  Carlsbad, CA 92008  760-434-2891  760-434-8367 fax  www.carlsbadca.gov May 11, 2022 To: HONORABLE MAYOR AND CITY COUNCIL From: CITY ATTORNEY Subject: Curative Action for Recent Traffic and Mobility Commission Meeting The City of Carlsbad’s Traffic and Mobility Commission, or Commission, recently met at a regularly scheduled meeting on Monday, May 2, 2022. Six commissioners were physically present in the City Council Chambers and one commissioner attended the meeting telephonically. Due to staff miscommunication, the telephonic attendance was not properly noticed on the Commission’s agenda under the teleconferencing requirements of the Brown Act set forth in Government Code section 54953. Any action taken by the Commission at Monday’s meeting is therefore vulnerable to legal challenge under Government Code section 54960.1. Fortunately, the Brown Act affords public entities an opportunity to cure or correct defects in how public meetings are noticed. Staff will therefore place all items or matters on which a vote was taken from the May 2nd meeting on the Commission’s June 6th agenda. Staff have discussed and established new procedures to ensure that future Commission agendas comply with the Brown Act’s notice requirements. Part of this process will include monitoring two legislative bills regarding the Brown Act’s teleconferencing requirements, AB 1944 (Lee) and AB 2449 (Rubio), that are pending before the state Legislature. Both bills seek to amend the Brown Act in ways that would relax current noticing requirements for commissioners to attend public meetings via teleconference. Staff will monitor these bills and comply with any amendments made to the Brown Act’s teleconferencing requirements. Very truly yours, /s/ Robby Contreras Robby Contreras ASSISTANT CITY ATTORNEY cc: City Manager Assistant City Manager Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Monday, May 2, 2022, 4 p.m. Welcome to Your Traffic and Mobility Commission Meeting We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the Traffic and Mobility Commission and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The Minutes Clerk is also available to answer any questions you have about Traffic and Mobility Commission meeting procedures. How to watch In Person On TV Online Traffic & Mobility Commission Meetings take place at City Hall, 1200 Carlsbad Village Drive Watch live on Charter Spectrum channel 24 and AT&T U-verse channel 99 Watch the livestream and replay past meetings on the city website, carlsbadca.gov/residents/communication/city -tv-channelHow to participate If you would like to provide comments to the Traffic and Mobility Commission, please: •Fill out a speaker request form, located in the foyer. •Submit the form to the Minutes Clerk before the item begins. •When it’s your turn, the Chair will call your name and invite you to the podium. •Speakers have three minutes, unless the presiding officer (usually the Chair) changes that time. •You may not give your time to another person, but groups can select a single speaker as long as three other members of your group are present. Group representatives have 10 minutes unless that time is changed by the presiding officer or the Commission. ●In writing: Email comments to traffic@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting will be shared with the Traffic and Mobility Commission prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. Reasonable Accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as require by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Thursday before the meeting to make arrangements. More information about Traffic and Mobility Commission meeting procedures can be found at the end of this agenda and in the Carlsbad Municipal Code chapter 1.20. CERTIFICATE OF POSTING I do hereby certify that a copy of the foregoing agenda was posted at the Council Chamber at _____7:45 am / pm on Thursday_____ 04/28/2022 Date Signature Page 2 CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: Minutes of the Regular Meeting held on March 7, 2022, and April 4, 2022. PUBLIC COMMENT: In conformance with the Brown Act, no Commission action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and submit it to the Minutes Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Commissioners Reports. When you are called to speak, please come forward to the podium and state your name. CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed below. There will be no separate discussion on these items prior to the time the Commission votes on the motion unless members of the Traffic and Mobility Commission, the Liaison or the public request specific items be discussed and/or removed from the Consent Calendar for separate action. A request from the public to discuss an item must be submitted to the Minutes Clerk in writing prior to Traffic and Mobility consideration of the Consent Calendar. 1. PUBLIC COMMENTS FOR AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS - Receive and consider public comments for Avenida Encinas Coastal Rail Trail and Pedestrian Improvements, CIP Project No. 6004 that were inadvertently omitted from the April 4, 2022, meeting of the Traffic & Mobility Commission. DEPARTMENTAL REPORTS: 2. POLICE REPORT – (Staff Contact: Lieutenant Jason Jackowski, Police Department) Staff’s Recommendation: Information only 3. PUBLIC HEARING ON GROWTH MANAGEMENT PLAN / GENERAL PLAN ANNUAL MONITORING REPORT, ADOPTION OF GROWTH MANAGEMENT PLAN FINDINGS, DETERMINATION OF DEFICIENT STREET FACILITIES, AND ACTIONS TO ADDRESS THE DEFICIENT FACILITIES INCLUDING BUT NOT LIMITED TO VEHICULAR LEVEL OF SERVICE EXEMPTIONS PURSUANT TO GENERAL PLAN MOBILITY ELEMENT POLICY 3-P.9 AND/OR INITIATING PLANNING FOR VEHICULAR CAPACITY IMPROVEMENTS (Staff Contact: Nathan Schmidt, Public Works) Staff’s Recommendation: Support staff’s recommendation 4. NORTH COUNTY COMPREHENSIVE MULTIMODAL CORRIDOR PLAN – (Staff Contact: Tom Frank and Nathan Schmidt, Public Works) Staff’s Recommendation: Receive a presentation and provide input CITY TRAFFIC ENGINEER COMMENTS: TRAFFIC AND MOBILITY COMMISSION COMMENTS: PUBLIC COMMENTS: Continuation of the Public Comments TRAFFIC AND MOBILITY COMMISSION AGENDA May 2, 2022 Page 3 Page 3 This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. When you are called to speak, please come forward to the podium and state your name. The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Commission action can occur on these items. ADJOURNMENT: ABOUT THE TRAFFIC AND MOBILITY COMMISSION AGENDA Per Carlsbad Municipal Code 2.28.050 the Traffic and Mobility Commission is an advisory commission to the City Council directed to study all matters referred to it concerning traffic safety and pedestrian safety and to make written recommendations to the city council regarding traffic and pedestrian safety within the city. The Ralph M. Brown Act (commonly referred to as the “Brown Act”) governs open meetings for local government bodies in the state of California. The Brown Act guarantees the public’s right to attend and participate in meetings of local legislative bodies and is contained in section 54950 et seq. of the Government Code. The Brown Act also includes requirements for the distribution of agendas for these public meetings. TRAFFIC AND MOBILITY COMMISSION PROCEDURE For each item on the agenda, City of Carlsbad staff will present a report to the Traffic and Mobility Commission. The Traffic and Mobility Commissioners may then ask clarifying questions about the staff report in advance of the public outreach. The audience will then be asked for comment. The Traffic and Mobility Commission is interested to hear all persons wishing to give testimony. Please file a “Request to Speak” form to speak on items listed on the agenda. Persons not desiring to speak but, wishing to be recorded as proponents or protesters of record, may do so by submitting their name and address to the minutes clerk. If anyone wishes to question a Traffic and Mobility Commission recommendation, they may contact the Traffic and Mobility Division at 1635 Faraday Avenue, between the hours of 7:30 a. m. and 5:30 a.m., Monday through Thursday, and 8 a.m. to 5 p.m. on Friday. Visual materials should be submitted to the Transportation Department at 1635 Faraday Avenue no later than noon the Friday before the meeting. Please label all materials with the agenda item number you are representing. All materials exhibited to the Traffic and Mobility Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Traffic and Mobility Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. Video clips cannot be accommodated. The Public Comment portion of the Agenda allows community members to speak on items that are not on the agenda. If you desire to speak about an item not listed on the agenda, a “Request to Speak” form should be filed with the Minutes Clerk. In conformance with the Brown Act, no action can occur on items presented during Public Comment. Any agenda related writings or documents provided to the majority of the Traffic and Mobility Commission after distribution of the Agenda packet will be available for public inspection at the Transportation Department located at 1635 Faraday Avenue, Carlsbad, CA 92008. In addition, a binder containing all agenda related writings and documents will be held by the Minutes Clerk at each Traffic and Mobility Commission meeting and available for public review. Those wishing to speak to the Traffic and Mobility Commission are asked to come forward, speak into the microphone, and give their name and address for the taped record. A time limit of three minutes is allotted to each speaker. Members of the public are asked to observe order at this meeting and to conduct themselves in a courteous and respectful manner.