HomeMy WebLinkAbout2023-09-12; City Council; ; Adoption of Ordinance Nos. CS-451, CS-452, CS-453, CS-454 and CS-455 Amending the Carlsbad Municipal Code Related to Boards and CommissionsCA Review CKM
Meeting Date: Sept. 12, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance Nos. CS-451, CS-452, CS-453, CS-454 and CS-455
Amending the Carlsbad Municipal Code Related to Boards and
Commissions
District: All
Recommended Action
Adoption of the following:
1.Ordinance No. CS-451 amending Carlsbad Municipal Code Chapter 2.15 - Boards and
Commissions and Chapter 2.28 - Traffic and Mobility Commission
2.Ordinance No. CS-452 adding Chapter 2.34 - Beach Preservation Commission to the
Carlsbad Municipal Code
3.Ordinance No. CS-453 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.Ordinance No. CS-454 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.Ordinance No. CS-455 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
The City Council is being asked to adopt Ordinance Nos. CS-451, CS-452, CS-453, CS-454 and CS-
455, amending Chapters 1 and 2 of the Carlsbad Municipal Code related to boards and
commissions as well as the chapters specific to the Traffic and Mobility Commission, Parks and
Recreation Commission, Senior Commission and Housing Commission.
Additionally, the proposed ordinance would add Chapter 2.34 Beach Preservation Commission
to the code and change the Traffic and Mobility Commission’s name to the “Traffic Safety &
Mobility Commission.”
Sept. 12, 2023 Item #5 Page 1 of 16
Explanation & Analysis
Ordinance Nos. CS-451, CS-452, CS-453, CS-454 and CS-455 were introduced and first read at
the City Council meeting held on Aug. 29, 2023. On a motion by Mayor Pro Tem Bhat-Patel,
seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance Nos.
CS-451, CS-452, CS-453, CS-454 and CS-455. The second reading allows the City Council to adopt
the ordinances, which will become effective 30 days after adoption.
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 Services Manager will have the ordinances, or a summary of the ordinances,
published in a newspaper of general circulation within 15 days following adoption of the
ordinances.
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 No. CS-451
2.Ordinance No. CS-452
3.Ordinance No. CS-453
4.Ordinance No. CS-454
5.Ordinance No. CS-455
Sept. 12, 2023 Item #5 Page 2 of 16
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, CommunityPolice 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 eachof the commissions for a term coinciding with the term of the Council Member makingthe appointment. The Mayor shall nominate two additional individuals to serve on eachof the Planning Commission, Parks & Recreation Commission, and Traffic Safety &Mobility Commission. All nominations shall be subject to ratification by a majority voteof 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 thesame or a subsequent meeting. In the event that a member of the City Council doesnot make any nomination within 45 days of the date the Council Member is sworn intooffice or within 60 days of the occurrence of a vacancy, the appointment will be madeby the Mayor with the approval of the City Council.
Exhibit 1
Sept. 12, 2023 Item #5 Page 3 of 16
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
2.28.020
2.28.050
2.28.060
2.28.010
Created.
Membership.
Duties. Powers delegated to commission to be advisory.
Created.
A Traffic Safety & Mobility Commission for the city is established.
2.28.020 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 and
Planning 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 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
Sept. 12, 2023 Item #5 Page 4 of 16
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 12th day of September, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
C-w� �-��
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
{SEAL)
Sept. 12, 2023 Item #5 Page 5 of 16
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 No. 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 No. 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 No. 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 No. 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 2.34 Beach
Preservation Commission to read as follows:
Exhibit 2
Sept. 12, 2023 Item #5 Page 6 of 16
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
2.15.0S0(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.
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.
Sept. 12, 2023 Item #5 Page 7 of 16
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of September, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
� k.. f--'\�'-"\ �
CINDIE K. McMAHON, City Attorney l
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 12, 2023 Item #5 Page 8 of 16
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.
Exhibit 3
Sept. 12, 2023 Item #5 Page 9 of 16
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 anycity park.
C.Review all tree-related issues and make recommendations to the City Council regarding the needs of thecity 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 withany 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.
Sept. 12, 2023 Item #5 Page 10 of 16
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance arid 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 12th day of September, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
u.iUI(. MGl-1�
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 12, 2023 Item #5 Page 11 of 16
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(B).
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
Sept. 12, 2023 Item #5 Page 12 of 16
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 12th day of September, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
�IC..�
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 12, 2023 Item #5 Page 13 of 16
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 Housing 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
Exhibit 5
Sept. 12, 2023 Item #5 Page 14 of 16
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 byChapter 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.
Sept. 12, 2023 Item #5 Page 15 of 16
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 12th day of September, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
flr
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 12, 2023 Item #5 Page 16 of 16