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HomeMy WebLinkAbout2023-08-29; City Council; ; Amendments to the Carlsbad Municipal Code Related to Boards and CommissionsCA Review CKM Meeting Date: Aug. 29, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Director of Legislative and Constituent Services sheila.cobian@carlsbadca.gov, 442-339-2917 Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Amendments to the Carlsbad Municipal Code Related to Boards and Commissions Districts: All Recommended Actions Introduce the following: 1.An ordinance amending Carlsbad Municipal Code Chapter 2.15 - Boards and Commissions and Chapter 2.28 - Traffic and Mobility Commission 2.An ordinance adding Chapter 2.34 - Beach Preservation Commission to the Carlsbad Municipal Code 3.An ordinance amending Carlsbad Municipal Code Chapter 2.36 - Parks and Recreation Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions 4.An ordinance amending Carlsbad Municipal Code Chapter 2.38 - Senior Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions 5.An ordinance amending Carlsbad Municipal Code Chapter 2.40 - Housing Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions Executive Summary As part of a continuing effort to review and update the Carlsbad Municipal Code, staff are recommending amendments to various chapters within Title 2 of the code related to city boards and commissions. The recommended revisions will provide consistency between the commission chapters and consistency with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. Explanation & Analysis The City Council adopted Carlsbad Municipal Code Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions in 2018. These chapters established procedures applicable to public meetings and matters specific to the appointment, roles and responsibilities of members of all city boards and commissions. Aug. 29, 2023 Item #3 Page 1 of 26 Most of the city’s boards and commissions were established by ordinance and chapters specific to each board and commission are contained in Title 2 of the Carlsbad Municipal Code. The chapters specific to the Traffic and Mobility Commission, Parks and Recreation Commission, Senior Commission and Housing Commission were all adopted by the City Council before the adoption of Chapters 1.20 and 2.15. Amendments to these chapters are necessary so that the individual board and commission chapters are consistent with each other and conform to the provisions of Chapters 1.20 and 2.15. The Beach Preservation Commission was originally established by resolution and does not have a chapter in the municipal code. The proposed ordinance would add Chapter 2.34 Beach Preservation Commission to the code. On March 6, 2023, the Traffic and Mobility Commission made a motion to recommend to the City Council a change in the commission's name to the "Traffic Safety & Mobility Commission." On July 25, 2023, the City Council directed staff to return with an ordinance to change the commission’s name. The proposed ordinance revises the commission’s name in Carlsbad Municipal Code Chapter 2.28 - Traffic and Mobility Commission, as well as Section 2.15.050 – Appointments. The proposed ordinances have been presented to each of the affected commissions. Fiscal Analysis The existing FY 2023-2024 budget for the City Clerk’s Office includes sufficient funding for the cost of amending the referenced code sections. Next Steps The City Clerk will prepare the ordinances for adoption at the next regular City Council meeting. Once adopted, the City Clerk will publish the ordinances or a summary of the ordinances in a newspaper of general circulation within 15 days. The ordinances will be effective 30 days following their adoption. Environmental Evaluation In keeping with Public Resources Code Section 21065, this action does not constitute a project within the meaning of the California Environmental Quality Act 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. Exhibits 1. Ordinance amending Carlsbad Municipal Code Chapter 2.15 Boards and Commissions and Chapter 2.28 Traffic and Mobility Commission 2. Ordinance adding Chapter 2.34 Beach Preservation Commission to the Carlsbad Municipal Code 3. Ordinance amending Carlsbad Municipal Code Chapter 2.36 Parks and Recreation Commission 4. Ordinance amending Carlsbad Municipal Code Chapter 2.38 Senior Commission 5. Ordinance amending Carlsbad Municipal Code Chapter 2.40 Housing Commission 6. Proposed revisions to Carlsbad Municipal Code Chapter 2.15 Boards and Commissions and Chapter 2.28 Traffic and Mobility Commission 7. Proposed Carlsbad Municipal Code Chapter 2.34 Beach Preservation Commission Aug. 29, 2023 Item #3 Page 2 of 26 8. Proposed revisions to Carlsbad Municipal Code Chapter 2.36 Parks and Recreation Commission 9. Proposed revisions to Carlsbad Municipal Code Chapter 2.38 Senior Commission 10. Proposed revisions to Carlsbad Municipal Code Chapter 2.40 Housing Commission Aug. 29, 2023 Item #3 Page 3 of 26 ORDINANCE NO. CS-451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.15 BOARDS AND COMMISSION AND CHAPTER 2.28 TRAFFIC AND MOBILITY COMMISSION WHEREAS, Chapter 2.28 of the Carlsbad Municipal Code establishes the Traffic and Mobility Commission as well as matters related to the conduct of Traffic and Mobility Commission meetings; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles and responsibilities of members of all city boards and commissions; and WHEREAS, amendments to Chapter 2.28 establishing the Traffic and Mobility Commission are necessary to conform to the provisions of Chapters 1.20 and 2.15 and to reflect the current functions of the commission; and WHEREAS, on March 6, 2023, the Traffic and Mobility Commission made a motion to recommend to the City Council a change in the commission's name to the "Traffic Safety & Mobility Commission"; and WHEREAS, on July 25, 2023, the City Council directed staff to return with an ordinance to change the commission's name. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code Chapter 2.15.050 is amended to read as follows: 2.15.050 Appointments. A Appointments to the Planning Commission, Parks & Recreation Commission, Community­ Police Engagement Commission, and Traffic Safety & Mobility 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 & Recreation Commission, and Traffic Safety & Mobility 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. Exhibit 1 Aug. 29, 2023 Item #3 Page 4 of 26 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 assure that the most interested and qualified individuals serve on the commissions. B.Appointments to all other city boards and commissions shall be made by the Mayor with the approval of the City Council. 3.That Carlsbad Municipal Code Chapter 2.28 is amended to read as follows: Chapter 2.28 TRAFFIC SAFETY & MOBILITY COMMISSION Sections: 2.28.010 Created. 2.28.020 Membership. 2.28.050 Duties. 2.28.060 Powers delegated to commission to be advisory. 2.28.010 Created. A Traffic Safety & Mobility Commission for the city is established. 2.30.020 Membership. The Traffic Safety & Mobility Commission shall consist of seven members appointed pursuant to Section 2.15.050(A). 2.28.050 Duties. It shall be the duty of the Traffic Safety & Mobility Commission to study matters concerning mobility and traffic safety, including implementation of the General Plan Mobility Element, and to make written recommendations to the City Council and Planning Commission regarding measures that should be taken to promote mobility and traffic safety within the city as follows: A.Review staff studies and reports, and make recommendations to the City Council andPlanning Commission on mobility and traffic safety matters, including, but not limited to,those related to pedestrian, bicycle, vehicular, and transit modes of travel, and parking andschool safety; B.Provide a public forum to review community input regarding mobility and traffic safetymatters, including, but not limited to, those related to pedestrian, bicycle, vehicular, andtransit modes of travel, and parking and school safety; C.Review and provide recommendations for revision to the city codes and plans on mobilityand traffic safety matters, including, but not limited to, pedestrian, bicycle, vehicular, andtransit modes of travel, and parking and school safety. 2.28.060 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 Traffic Safety & Mobility 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 a Traffic Safety & Mobility Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein delegated to the commission to adopt rules and regulations shall not be Aug. 29, 2023 Item #3 Page 5 of 26 construed as a delegation of legislative authority but purely a delegation of administrative authority. 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 29th day of August, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ � 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Aug. 29, 2023 Item #3 Page 6 of 26 ORDINANCE NO. CS-452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING CHAPTER 2.34 BEACH PRESERVATION COMMISSION TO THE CARLSBAD MUNICIPAL CODE WHEREAS, on August 27, 1985, the City Council adopted Resolution 8159 establishing the Beach Erosion Committee for the purpose of creating a report on beach erosion; and WHEREAS, on June 10, 1986, the City Council adopted Resolution 8596 establishing the Beach Erosion Committee as an advisory body to the City Council to remain in existence to render research activities, informational reports, and support to the city on beach erosion topics; and WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-120 changing the name of the Beach Erosion Committee to the Beach Preservation Committee and expanding the purview of the committee from strictly evaluating the effects of coastal erosion to a more encompassing view of shoreline preservation; and WHEREAS, on January 14, 2020, the City Council adopted Resolution 2020-009 changing the name of the Beach Preservation Committee to the Beach Preservation Commission; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles and responsibilities of members of all city boards and commissions; and WHEREAS, all other city commissions currently in existence were established by ordinance of the City Council; and WHEREAS, adding a chapter to the Municipal Code establishing the Beach Preservation Commission is consistent with all other city commissions and with the intention of the City Council at the time it adopted Chapters 1.20 and 2.15, and allows the City Council to enumerate the current functions of the commission; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code is amended by the adoption of Chapter 2.30 Beach Preservation Commission to read as follows: Exhibit 2 Aug. 29, 2023 Item #3 Page 7 of 26 CHAPTER 2.34 BEACH PRESERVATION COMMISSION Sections: 2.34.010 Created. 2.34.020 Membership. 2.34.030 Duties. 2.34.040 Powers delegated to commission to be advisory. 2.30.010 Created. A Beach Preservation Commission for the city is established. 2.30.020 Membership. The Beach Preservation Commission shall consist of seven members appointed pursuant to Section 2.15.050(8). 2.30.030 Duties. The Beach Preservation Commission shall investigate, research, and make recommendations to the City Council and the City Manager on general coastal topics, studies, and programs including but not limited to, the following: A.Protecting and enhancing the shoreline (e.g., littoral cells, and sea level rise); B.Preventing beach erosion; and C.Preserving and maintaining beaches for the safety and optimum enjoyment of the public. 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 Beach Preservation 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 a Beach Preservation Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein 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. 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 29th day of August, 2023, and thereafter Aug. 29, 2023 Item #3 Page 8 of 26 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Aug. 29, 2023 Item #3 Page 9 of 26 ORDINANCE NO. CS-453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.36 PARKS AND RECREATION COMMISSION TO BE CONSISTENT WITH CHAPTER 1.20 MEETINGS AND CHAPTER 2.15 BOARDS AND COMMISSIONS WHEREAS, Chapter 2.36 of the Carlsbad Municipal Code establishes the Parks and Recreation Commission as well as matters related to the conduct of Parks and Recreation Commission meetings; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles, and responsibilities of members of all city boards and commissions; and WHEREAS, amendments to Chapter 2.36 establishing the Parks and Recreation Commission are necessary to conform to the provisions of Chapters 1.20 and 2.15 and to reflect the current powers and duties of the commission. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code Chapter 2.36 is amended to read as follows: Chapter 2.36 PARKS & RECREATION COMMISSION Sections: 2.36.010 2.36.020 2.36.070 2.36.090 2.36.110 2.36.010 Created. Membership. Duties. Funds-Disposition of money. Powers delegated to commission to be advisory. Created. A Parks & Recreation Commission for the city is created. 2.36.020 Membership. The Parks & Recreation Commission shall consist of seven members appointed pursuant to section 2.15. 050(A). 2.36.070 Duties. The Parks & Recreation Commission shall: A.Make recommendations to the City Council and advise the City Council in matters pertaining to the creation, operation, maintenance, management and control of community recreation programs, playgrounds and recreation activities and facilities. Aug. 29, 2023 Item #3 Page 10 of 26 Exhibit 3 B. Advise and make recommendations to the City Council on matters pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants and the removal of all objectionable trees, shrubs and plants in any city park. C. Review all tree-related issues and make recommendations to the City Council regarding the needs of the city with respect to its tree planting, replacement, maintenance and preservation programs. D. Make recommendations to the City Council on policies, regulations and ordinances pertaining to the care and protection of public trees and the selection of specific species of trees for planting along city streets, including the development of a community forest management plan for the city. E. In accordance with Section 11.12.150 of this code, hear appeals from decisions of the City Manager acting through the Parks & Recreation Director or designee, regarding the planting or removal of street trees. F. Adopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any tree, shrub or plant upon any street, park, boulevard, alley or public place of the city. 2.36.090 Funds—Disposition of money. A. Funds Generally. The Parks & Recreation Commission is authorized to and may receive donations, gifts, legacies, endowments or bequests made to the city or to the commission for or on behalf of the city for the acquisition of parks and recreation facilities and the construction, maintenance and operation of any of the foregoing facilities, subject to the approval of the City Council. B. Gifts Paid to City Treasurer. All donations, gifts, legacies, endowments or bequests received by the commission shall be turned over to the City Treasurer, and shall be kept in a special fund to be designated as the Parks & Recreation Fund. C. Parks & Recreation Fund. The City Council shall establish a fund to be known as the “Parks & Recreation Fund.” There shall be deposited to and expended from this fund all fees or moneys received by the commission, including the proceeds from all gifts, legacies or bequests as set forth in subsection B and including the proceeds of other sources managed or controlled by the commission and derived by it in connection with the operation of the public recreational activities and facilities under its jurisdiction. All moneys in the fund shall be used for the promotion, supervision and operation of public recreation, and not otherwise, and if not used during any current year shall accumulate in the Parks and Recreation Fund. D. Carrillo Ranch Trust. A special trust fund is hereby established to receive and hold donations of money, artifacts, and memorabilia for the Carrillo Ranch. Proposed donations shall be referred to the Parks and Recreation Commission for a recommendation before acceptance by the City Council. All donations accepted in the trust must be used exclusively for purposes relating to the development, operation, and maintenance of the Carrillo Ranch. 2.36.110 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 Parks & Recreation 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 a Parks & Recreation Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein 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. Aug. 29, 2023 Item #3 Page 11 of 26 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 29th day of August, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Aug. 29, 2023 Item #3 Page 12 of 26 ORDINANCE NO. CS-454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.38 SENIOR COMMISSION TO BE CONSISTENT WITH CHAPTER 1.20 MEETINGS AND CHAPTER 2.15 BOARDS AND COMMISSIONS WHEREAS, Chapter 2.38 of the Carlsbad Municipal Code establishes the Senior Commission as well as matters related to the conduct of Senior Commission meetings; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles and responsibilities of members of all city boards and ·commissions; and WHEREAS, amendments to Chapter 2.38 establishing the Senior Commission are necessary to conform to the provisions of Chapters 1.20 and 2.15 and to reflect the current functions of the commission. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code Chapter 2.38 is amended to read as follows: Created. Membership. Duties. Chapter 2.38 SENIOR COMMISSION Sections: 2.38.010 2.38.020 2.38.040 2.38.050 2.38.060 Funds-Disposition of money. Powers delegated to commission to be advisory. 2.38.010 Created. A Senior Commission of the city is created. 2.38.020 Membership. The Senior Commission shall consist of five members appointed pursuant to section 2.15.050(8). 2.38.040 Duties. The Senior Commission shall make recommendations to the City Council and advise the City Council on the special needs and concerns of seniors, including the creation, operation, maintenance, management and control of senior programs, activities and facilities. Exhibit 4 Aug. 29, 2023 Item #3 Page 13 of 26 2.38.050 Funds-Disposition of money. The Senior Commission is authorized to receive donations, gifts, legacies, endowments or bequests made to the city or to the commission for or on behalf of the city, subject to the approval of the City Council. All donations, gifts, legacies, endowments or bequests so received by the commission shall be turned over to the City Treasurer and shall be kept in a special fund to be designated as the "Senior Fund." All moneys in the fund shall be used for promotion, supervision and operation of senior programs. No moneys in the fund shall be spent without prior authorization of the City Council. 2.38.060 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 Senior 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 a Senior Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein 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. 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 29th day of August, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ � 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Aug. 29, 2023 Item #3 Page 14 of 26 ORDINANCE NO. CS-455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.40 HOUSING COMMISSION TO BE CONSISTENT WITH CHAPTER 1.20 MEETINGS AND CHAPTER 2.15 BOARDS AND COMMISSIONS WHEREAS, Chapter 2.40 of the Carlsbad Municipal Code establishes the Housing Commission as well as matters related to the conduct of Housing Commission meetings; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles and responsibilities of members of all city boards and commissions; and WHEREAS, amendments to Chapter 2.40 establishing the Parks and Recreation Commission are necessary to conform to the provisions of Chapters 1.20 and 2.15 and to reflect the current functions of the commission. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Carlsbad Municipal Code Chapter 2.40 is amended to read as follows: Chapter 2.40 HOUSING COMMISSION Sections: 2.40.010 Created. 2.40.020 Membership. 2.40.030 Duties. 2.40.040 Relocation appeals board. 2.40.010 Created. Pursuant to Section 34291 of the California Health and Safety Code, a Housing Commission is created as an advisory body to the City Council and Community Development Commission. 2.40.020 Membership. The Housing Commission shall consist of five members appointed pursuant to section 2.15.050(8). In addition to the qualifications outlined in section 2.15.030, two members of the Housing Commission shall be tenants assisted by the Carlsbad Housing Authority, one of which shall be at least 62 years of age. The remaining three members shall, to the extent possible, have experience and expertise within one or more of the following areas: development, construction, real estate, social services, housing advocacy, planning, architecture or finance. To the extent possible, the commission members shall be representative of the four districts of the city. If a tenant member ceases to be a tenant assisted by the Housing Authority, or if any commission member moves Aug. 29, 2023 Item #3 Page 15 of 26 Exhibit 5 out of the City of Carlsbad, that member will forfeit their seat and the vacancy will be filled according to the procedures in section 2.15.070. 2.40.030 Duties. A.The Housing Commission shall advise and make recommendations to the Community Development Commission (the governing body of the Carlsbad Housing Authority) and/or the City Council on the following matters: 1.Establishment of or amendments to affordable housing programs, policies and regulations; 2.Adoption of or amendments to the Housing Element of the General Plan, and related strategies or programs; 3.Review of project concept and affordability objectives of off-site combined projects as defined by Chapter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement; 4.Requests for financial assistance and/or incentives for the development of affordable housing projects; 5.Requests to sell affordable housing credits for alternative methods to satisfy an inclusionary housing obligation; 6.Establishment of or amendments to programs and services that aim to prevent, reduce and manage homelessness in the City of Carlsbad; 7.Other special assignments as requested by the Community Development Commission or City Council as related to the development of affordable housing, community development and homelessness programs, or regional and state policies and legislation. B.The commission shall annually report to the City Council on the status and progress of affordable housing and homelessness programs. 2.40.040 Relocation appeals board. Pursuant to Government Code Section 7266, the Housing Commission is designated as the relocation appeals board for the City of Carlsbad and the Carlsbad Municipal Water District to hear and determine (subject to appeal to the appropriate governing body) complaints regarding relocation and compliance with applicable local, state and federal relocation assistance laws and regulations. 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. Aug. 29, 2023 Item #3 Page 16 of 26 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 29th day of August, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE K. McMAHON, City Attorney KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Aug. 29, 2023 Item #3 Page 17 of 26 2.15.050 Appointments. A.Appointments to the planning Planning commissionCommission, parks Parks and & recreation Recreation commissionCommission, communityCommunity-police Police engagement Engagement commissionCommission, and traffic Traffic Safety and & mobility Mobility commissionCommission, shall be made by the following process: 1. The mayor Mayor and each council Council member Member shall nominate one individual to serve on each of the commissions for a term coinciding with the term of the council Council member Member making the appointment. The mayor Mayor shall nominate two additional individuals to serve on each of the planning Planning commissionCommission, parks Parks and & recreation Recreation commissionCommission, and traffic Traffic Safety and & mobility Mobility commissionCommission. All nominations shall be subject to ratification by a majority vote of the city City councilCouncil. If a nominee is not approved by a majority vote of the city City councilCouncil, the council Council member Member making the nomination may nominate another individual at the same or a subsequent meeting. In the event that a member of the city City council Council does not make any nomination within 45 days of the date the council Council member Member is sworn into office or within 60 days of the occurrence of a vacancy, the appointment will be made by the mayor Mayor with the approval of the city City councilCouncil. 2.Although each member of the city City council 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 City council Council may appoint individuals not residing in their districts in their discretion in order to assure that the most interested and qualified individuals serve on the commissions. B.Appointments to all other city boards and commissions shall be made by the mayor Mayor with the approval of the city City councilCouncil. (Ord. CS-441 § 2, 2022; Ord. CS-356 § 2, 2019; Ord. CS-342 § 2, 2018; Ord. CS-337 § 3, 2018) Chapter 2.28 TRAFFIC SAFETY AND & MOBILITY COMMISSION Sections: 2.28.010 Created. 2.28.020 Membership. 2.28.050 Duties. 2.28.060 Powers delegated to commission to be advisory. 2.28.010 Created. A traffic Traffic Safety and & mobility Mobility commission Commission for the city is established. 2.30.020 Membership. The Traffic Safety & Mobility Commission shall consist of seven members appointed pursuant to Section 2.15.050(A). 2.28.050 Duties. It shall be the duty of tThe traffic Traffic Safety and & mobility Mobility commission Commission to shall study matters concerning mobility and traffic safety, including implementation of the General Plan Mobility Element, and to make written recommendations to the city City council Council and planning Planning commission Commission regarding measures that should be taken to promote mobility and traffic safety within the city as follows: A.Review staff studies and reports, and make recommendations to the city City council Council andplanning Planning commission Commission on mobility and traffic safety matters, including, but not Exhibit 6 Aug. 29, 2023 Item #3 Page 18 of 26 --__ --___ -- limited to, those related to pedestrian, bicycle, vehicular, and transit modes of travel, and parking and school safety; B. Provide a public forum to review community input regarding mobility and traffic safety matters, including, but not limited to, those related to pedestrian, bicycle, vehicular, and transit modes of travel, and parking and school safety; C. Review and provide recommendations for revision to the city codes and plans on mobility and traffic safety matters, including, but not limited to, pedestrian, bicycle, vehicular, and transit modes of travel, and parking and school safety. 2.28.060 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 Traffic Safety & Mobility 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 a Traffic Safety & Mobility Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein 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. Aug. 29, 2023 Item #3 Page 19 of 26 Exhibit 7 CHAPTER 2.34 BEACH PRESERVATION 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. A Beach Preservation Commission for the city is established. 2.34.020 Membership. The Beach Preservation Commission shall consist of seven members appointed pursuant to Section 2.15.050(B). 2.34.030 Duties. The Beach Preservation Commission shall investigate, research, and make recommendations to the City Council and the City Manager on general coastal topics, studies, and programs including but not limited to, the following: A. Protecting and enhancing the shoreline (e.g., littoral cells, and sea level rise); B. Preventing beach erosion; and C. Preserving and maintaining beaches for the safety and optimum enjoyment of the public. 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 Beach Preservation 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 a Beach Preservation Commission to act in a purely advisory capacity to the City Council for the purposes enumerated. Any power herein 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. Aug. 29, 2023 Item #3 Page 20 of 26 Exhibit 8 Chapter 2.36 PARKS AND & RECREATION COMMISSION Sections: 2.36.010 Created. 2.36.020 Membership—Terms—Vacancies. 2.36.030 Compensation of members. 2.36.040 Chair. 2.36.060 Meetings. 2.36.070 Duties. 2.36.075 Additional duties. 2.36.080 Powers generally. 2.36.090 Funds—Disposition of moneys. 2.36.100 Budget. 2.36.110 Powers delegated to commission to be advisory. 2.36.010 Created. A parks Parks and & recreation Recreation commission Commission for the city is created. 2.36.020 Membership—Terms—Vacancies. The parks Parks and & recreation Recreation commission Commission shall consist of seven members, appointed pursuant to section 2.15.050(A). who may be persons who hold an office or a position with the city; provided, however, that the number of members of such commission who are not officials of the city shall exceed the number of members who may be officers or employees of such city. Members are to be appointed by the mayor and shall be approved by the city council. Of the members of the commission first appointed hereunder, one shall be for a term of four years, two shall be for a term of three years, two shall be for a term of two years and two shall be appointed for a term of one year. Their successors shall be appointed for the terms of four years. If vacancies shall occur otherwise than by expiration of the term, they shall be filled in the same fashion as the original members were appointed. 2.36.030 Compensation of members. The parks and recreation commission shall act as such without any compensation. 2.36.040 Chair. The appointed members of the parks and recreation commission shall elect their own chair, who shall preside at all meetings. The chair, as elected by the commission, shall hold office for a term of one year from and after his or her date of election. Thereafter, successive elections shall elect a new chair at each succeeding year. One chair may serve for more than one successive term. 2.36.060 Meetings.* The parks and recreation commission shall meet at such time or times as the members may in their discretion see fit; provided, that such meetings be held at least once each month. The majority of the appointed members shall constitute a quorum for the purpose of transacting the business of the commission. * As to attendance of city manager at commission meetings, see Section 2.12.125. 2.36.070 Duties. The parks Parks and & recreation Recreation commission Commission shall: Aug. 29, 2023 Item #3 Page 21 of 26 Exhibit 8 A. have the power, and it shall be the duty of the commission, to mMake recommendations to the cCity cCouncil and to advise the City cCouncil in matters pertaining to the creation, operation, maintenance, management and control of community recreation programs, of playgrounds and indoor and outdoor recreations, activities and facilities. B. Further, it shall be the duty of the commission to aAdvise and make recommendations to the cCity cCouncil on matters pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants and to the removal of all objectionable trees, shrubs and plants in and upon any park of theany city park. 2.36.075 Additional duties. C. The parks and recreation commission shall have the additional power, and it shall be the duty of the commission to rReview all tree-related issues and to determine the needs of the citymake recommendations to the City Council with respect to its tree planting, replacement, maintenance and preservation programs. D. The commission will also mMake recommendations to the cCity cCouncil on policies, regulations orand ordinances pertaining to the care and protection of public trees and the selection of specific species of trees for designation planting along city streets, including the development of a community forest management plan for the city. E. In addition, in accordance with Section 11.12.150 of this code, the parks and recreation commission shall hear appeals from decisions of the cCity mManager acting through the pParks and rRecreation dDirector or designee, regarding the planting or removal of street trees. 2.36.080 Powers generally. F. The parks and recreation commission shall have the power to equip, operate, supervise and maintain playgrounds, athletic fields, swimming pools, swimming centers, indoor recreation centers, auditoriums, or other park or recreational facilities on or in any public grounds or buildings in or about the city, which the commission may from time to time acquire, provide, authorize and designate for such use, subject to the approval of the city council. The commission shall further have the power to aAdopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or interference with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city. 2.36.090 Funds—Disposition of moneys. A. Funds Generally. The pParks and & rRecreation cCommission is authorized to and may receive donations, gifts, legacies, endowments or bequests made to the city or to the commission for or in on behalf of the city for the acquisition of parks and recreation facilities and the construction, maintenance and operation of any of the foregoing facilities, subject to the approval of the cCity cCouncil. B. Gifts Paid to City Treasurer. All donations, gifts, legacies, endowments or bequests so received by the commission shall be turned over to the cCity tTreasurer, and shall be kept in a special fund to be designated as the pParks and & rRecreation fFund. C. Parks and & Recreation Fund. The cCity cCouncil shall establish a fund to be known as the “pParks and & rRecreation fFund.” There shall be deposited to and expended from this fund all fees or moneys received by the commission, including the proceeds from all gifts, legacies or bequests as set forth in subsection B and including the proceeds of other sources managed or controlled by the commission and derived by it in connection with the operation of the public recreational activities and facilities under its jurisdiction. All moneys in the fund shall be used for the promotion, supervision and operation of public recreation, and not otherwise, and if not used during any current year shall accumulate in the pParks and & rRecreation fFund. Aug. 29, 2023 Item #3 Page 22 of 26 Exhibit 8 D. Carrillo Ranch Trust. A special trust fund is hereby established to receive and hold donations of money, artifacts, and memorabilia for the Carrillo Ranch. Proposed donations shall be referred to the pParks and & rRecreation cCommission for a recommendation before acceptance. Donations of $500.00 or less may be accepted by the city manager. Donations over $500.00 may be accepted by the city City cCouncil. All donations accepted in the trust must be used exclusively for purposes relating to the development, operation, and maintenance of the Carrillo Ranch. 2.36.100 Budget. The parks and recreation commission shall submit a budget for required funds to the city council on or before the 30th day of June of each year. 2.36.110 Powers delegated to commission to be advisory. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the cCity cCouncil, or as a delegation to the pParks and & rRecreation cCommission of any of the authority or discretionary powers vested and imposed by law in the cCity cCouncil. The cCity cCouncil declares that the public interest, convenience and welfare require the appointment of a pParks and & rRecreation cCommission to act in a purely advisory capacity to the cCity cCouncil for the purposes enumerated. Any power herein 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. Aug. 29, 2023 Item #3 Page 23 of 26 Chapter 2.38 SENIOR COMMISSION Sections: 2.38.010 2.38.020 2.38.030 2.38.040 2.38.050 2.38.060 Created. Membership—Appointment—Terms. Meetings. Funds—Disposition of money. Powers delegated to commission to be advisory. 2.38.010 Created. A sSenior cCommission of the city is created. 2.38.020 Membership—Appointment—Terms. The sSenior cCommission shall consist of five members appointed pursuant to section 2.15.05015(B). by the mayor with the approval of the city council. Members shall serve four-year terms. The senior coordinator shall be an ex officio member of the commission. The ex officio member shall not be entitled to vote. 2.38.030 Meetings. The senior commission shall meet at such time or times as the commission may establish by rule, provided that a regular meeting shall be held at least once each month. The majority of the appointed members shall constitute a quorum for the purpose of transacting the business of the commission. The commission shall elect a chair and shall establish rules and procedures necessary for the conduct of its business. 2.38.040 It is the responsibility of tThe sSenior cCommission toshall make recommendations to the cCity cCouncil and to advise the cCity cCouncil on the special needs and concerns of seniors, including the creation, operation, maintenance, management and control of senior programs, activities and facilities. 2.38.050 Funds—Disposition of money. The senior Senior commission Commission is authorized to and may receive donations, gifts, legacies, endowments or bequests made to the city or to the commission for or on behalf of the city, subject to the approval of the City Council. All donations, gifts, legacies, endowments or bequests so received by the commission shall be turned over to the city City tTreasurer and shall be kept in a special fund to be designated as the “sSenior fFund.” All moneys in the fund shall be used for promotion, supervision and operation of senior programs. No moneys in the fund shall be spent without prior council authorization of the City Council. 2.38.060 Powers delegated to commission to be advisory. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the cCity cCouncil, or as a delegation to the senior Senior commission Commission of any of the authority or discretionary powers vested and imposed by law in the city City councilCouncil. The city City council Council declares that the public interest, convenience and welfare require the appointment of a senior Senior commission Commission to act in a purely advisory capacity to the city City council Council for the purposes enumerated. Any power herein 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. ____Functions____ Duties. ____Functions____ Duties. Exhibit 9 Aug. 29, 2023 Item #3 Page 24 of 26 Exhibit 10 Chapter 2.40 HOUSING COMMISSION Sections: 2.40.010 EstablishedCreated. 2.40.020 Membership. 2.40.030 Qualifications. 2.40.040 Meetings. 2.40.050 Vote required. 2.40.060030 FunctionsDuties. 2.40.080040 Relocation appeals board. 2.40.010 EstablishedCreated. Pursuant to Section 34291 of the California Health and Safety Code, a hHousing cCommission is created as an advisory body to the cCity cCouncil and cCommunity dDevelopment cCommission. 2.40.020 Membership. A. The hHousing cCommission shall consist of five members appointed pursuant to section 2.15.050(B). The members shall be appointed by the mayor and confirmed by the city council. After the initial term, the members shall serve four-year terms; and each member shall serve until their successor is duly appointed and qualified. The initial members of the commission shall serve staggered terms as follows: 1. Two members shall serve for a period of two years; and 2. Three members shall serve for a period of four years. B. Members shall serve without compensation. Members of the commission may be removed by the mayor with the consent of the city council. 2.40.030 Qualifications. In addition to the qualifications outlined in section 2.15.030, All members of the housing commission shall be residents of the city and registered voters. In addition, two members of the housing commissionHousing Commission shall be tenants assisted by the Carlsbad housing Housing aAuthority, one of which shall be at least 62 years of age. The remaining three members shall, to the extent possible, have experience and expertise within one or more of the following areas: development, construction, real estate, social services, housing advocacy, planning, architecture or finance. To the extent possible, the commission members shall be representative of the four quadrants districts of the city. If a tenant member ceases to be a tenant assisted by the Housing aAuthority, and/or ceases to reside within the city limits of Carlsbad, or a nontenant member ceases to reside within the city limits of the city, his or her membership on the commission shall terminate and another member shall be appointed for the remainder of the unexpired term, or if any commission member moves out of the City of Carlsbad, that member will forfeit their seat and the vacancy will be filled according to the procedures in section 2.15.070. 2.40.040 Meetings. The housing commission shall meet regularly, on days and times established by the commission for the transaction of business. The commission may adjourn any regular meeting to a time and place specified at the regular meeting and any such adjourned meeting shall be deemed a regular meeting. The housing commission shall elect from among its appointed members a chair and vice-chair. The rules and procedures of the planning commission shall be modified, as necessary, and approved by the housing commission for the conduct of its business. Aug. 29, 2023 Item #3 Page 25 of 26 2.40.050 Vote required. Three members of the housing commission shall constitute a quorum. The affirmative vote of three members shall be necessary for any action by the commissionHousing Commission. 2.40.060030 FunctionsDuties. A. The housing Housing cCommission shall advise and make recommendations to the community Community dDevelopment cCommission (the governing body of the Carlsbad housing Housing aAuthority) and/or the cCity cCouncil on the following matters: 1. Establishment of, or amendments of to affordable housing programs, policies and regulations; 2. Adoption of, or amendments to, the Housing Element of the gGeneral pPlan housing element, and related strategies or programs; 3. Review of project concept and affordability objectives of off-site combined projects as defined by Chapter 21.85 of this code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement; 4. Requests for financial assistance and/or incentives for the development of affordable housing projects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of 10 credits or more to satisfy an alternative methods to satisfy an inclusionary housing obligation; 6. Establishment of, or amendments ofto programs and services that aim to prevent, reduce and manage homelessness in the City of Carlsbad; 7. Other special assignments as requested by the community Community dDevelopment cCommission and/or cCity cCouncil as related to the development of affordable housing, community development and homelessness programs, or regional and state policies and legislation. B. The commission shall annually report to the city City cCouncil on the status and progress of affordable housing and homelessness programs. 2.40.080040 Relocation appeals board. Pursuant to Government Code Section 7266, the housing Housing commission Commission is designated as the relocation appeals board for the cCity of Carlsbad, and the Carlsbad mMunicipal wWater dDistrict, and the redevelopment agency of the city to hear and determine (subject to appeal to the appropriate governing body) complaints regarding relocation and compliance with applicable local, state and federal relocation assistance laws and regulations. Aug. 29, 2023 Item #3 Page 26 of 26 Tammy Cloud-McMinn From: Sent: To: Subject: Mary Real <anewday4me2020@gmail.com> Tuesday, August 29, 2023 1 :30 PM All Receive -Agenda· Item # 3 For the Information of the: CITY COUNCIL Da~A V-cc_.::::: &M Y--?CM (3) ✓ City Clerk; Council Internet Email; Scott Chadwick; Geoff Patnoe; Kyle Lancaster; Mick Calarco; Mary Real Item 3 Comments on Carlsbad City Council Mtg. 8-29-2023 Good Evening Mayor and City Council and all concerned Citizens who miss the old fashioned attitude of service espoused by the City prior to Covid. I am concerned about the lack of interest in the Senior Center. Why doesn't money donated to the Senior Center have a special fund for growth and development just like the Carrillo Ranch motion----Maybe Mick Callarco is too busy managing the Carrillo Ranch rather than extending the idea to apply and save money for the Seniors and the Senior Center. Who is in Charge as the Council will not spend money on a feasibility study for the Seniors and the Senior Center where the "management" is not available to answer questions and utilize the property if money is to be made! If Management is unable to figure out how to manage then, maybe there needs to be some upgrades at the top, Mr. Kyle Lancaster? Isn't it time for the City Council to order a feasibility study to upgrade and serve the Seniors instead of using the Senior Center budget to revert to the general fund? Is it time to specify some rules for the money to actually be used to benefit the seniors? I know Council is new or running for office or believes every word that the nice staffers at Park & Rec. tell them or they are mediocre managers doing the best they can as part-time employees. Isn't it time to upgrade? Thank you, Mary Lucid a newday4Me2020@gma i I .com CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 Sheila Cobian, Legislative & Constituent Services Director Aug. 29, 2023 Amendments to CMC Related to Boards & Commissions 1 { City of Carlsbad PROPOSED ACTION Introduce the following ordinances: •Ch. 2.15 and 2.18 Traffic and Mobility Commission •Ch. 2.34 Beach Preservation Commission •Ch. 2.36 Parks & Recreation Commission •Ch. 2.38 Senior Commission •Ch. 2.40 Housing Commission ITEM 3: BOARDS & COMMISSIONS 2 { City of Carlsbad BACKGROUND Adopted 2018: •CMC Ch. 1.20 Meetings •CMC Ch. 2.15 Boards & Commissions ITEM 3: BOARDS & COMMISSIONS 3 { City of Carlsbad REVISIONS Section uniformity Proper title capitalization Added Beach Preservation Commission Traffic & Mobility Commission name change ITEM 3: BOARDS & COMMISSIONS 4 ( City of Carlsbad PROPOSED ACTION Introduce the following ordinances: •Ch. 2.15 and 2.18 Traffic Safety & Mobility Commission •Ch. 2.34 Beach Preservation Commission •Ch. 2.36 Parks & Recreation Commission •Ch. 2.38 Senior Commission •Ch. 2.40 Housing Commission ITEM 3: BOARDS & COMMISSIONS 5 { City of Carlsbad QUESTIONS? ITEM 3: BOARDS & COMMISSIONS 6 { City of Carlsbad