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HomeMy WebLinkAbout2023-09-12; City Council; 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 MOB...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. 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 Created. Membership. Duties. Powers delegated to commission to be advisory. 2.28.010 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 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 ~r KEITH BLACKBURN, Mayor ili SHERRY FREISINGER, City Clerk {SEAL) ,11\\1111111111111,, ,,,,, ~ CA 1111 / O~-~(. ~,,,~ ~~ ...... -••. \\'~ fo(~··;~\ \ \~J~/ @ % c·· ... .--":'·"' ...... 1 ~, "''-........... •~,,. ~ '111,111 IFOf\~ ,,~~ '111111111111111"'''