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HomeMy WebLinkAbout2024-03-26; City Council; ; Adoption of Ordinance No. CS-468 Amending Carlsbad Municipal Code Chapter 11.32 by Adding Section 11.32.035 Titled Security of TGIF Concerts in the ParkCA Review CKM Meeting Date: March 26, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Legislative & Constituent Services Director sheila.cobian@carlsbadca.gov, 442-339-2917 Subject: Adoption of Ordinance No. CS-468 Amending Carlsbad Municipal Code Chapter 11.32 by Adding Section 11.32.035 Titled Security of TGIF Concerts in the Park District: All Recommended Actions Adopt Ordinance No. CS-468 “An Ordinance of the City Council of the City of Carlsbad, California, amending the Carlsbad Municipal Code, Title 11, Chapter 32 by Adding Section 11.32.035 Security of TGIF Concerts in the Park.” Executive Summary The recommended action adopts Ordinance No. CS-468 addressing security screening practices at the TGIF Concerts in the Park. The amendment to the Carlsbad Municipal Code will allow for bag and person searches while meeting the legal protections of the Fourth Amendment, which protects people from unreasonable searches and seizures by the government. The purpose of screening attendees is to prevent specific types of weapons or unsafe and prohibited items from entering the concert space. Explanation & Analysis Ordinance No. CS-468 was introduced and first read at the City Council meeting held on March 19, 2024. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-468. The second reading allows the City Council to adopt the ordinance. Fiscal Analysis There is no fiscal impact from the recommended action. Next Steps The City Clerk Services Department will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. The ordinance will be effective 30 days after its adoption. March 26, 2024 Item #10 Page 1 of 4 Environmental Evaluation The City Planner found that the proposed actions are exempt from environmental review under the California Environmental Quality Act under CEQA Guidelines Section 15304(e), which applies to the minor or temporary use of land. Furthermore, the City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, posted a notice with this determination on November 29, 2023. No appeals of this determination were received in accordance with Carlsbad Municipal Code Section 21.54.140 and the decision is final. Exhibits 1. Ordinance No. CS-468 March 26, 2024 Item #10 Page 2 of 4 ORDINANCE NO. CS-468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL CODE, TITLE 11, CHAPTER 32 BY ADDING SECTION 11.32.035 SECURITY OF TGIF CONCERTS IN THE PARK WHEREAS, since the 1980s, the City of Carlsbad has hosted TGIF Concerts in the Parks; and WHEREAS, TGIF Concerts in the Parks are free summer concerts where families, friends and neighbors gather to enjoy music in City of Carlsbad parks; and WHEREAS, TGIF Concerts in the Park is the City of Carlsbad's largest community event; and WHEREAS, 2023 attendance at TGIF Concerts in the Park surpassed that of any previous concert season and included one concert with more than 8,000 people in attendance; and WHEREAS, the Carlsbad Police Department in collaboration with the Fire Department has conducted a public saf~ty review of the current TGIF Concerts in the Parks operating conditions and made several recommendations to improve security at the concerts; and WHEREAS, the City Council of the City of Carlsbad finds that instituting recommended security measures at TGIF Concerts in the Park is necessary to promote and ensure the safety and security of city employees, members of the public and performers at TGIF Concerts in the Park. 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 Title 11, Chapter 32 is amended to add Section 11.32.035 to read as follows: 11.32.035 Security of TGIF Concerts in the Park. A. Purpose and intent. The city is committed to maintaining a safe outdoor concert series for the enjoyment of city residents and visitors. The purpose of this section is to promote the safety and security of all attendees of the TGIF Concerts in the Park held at any park within the city. B. Security screenings at TGIF concerts in the park. 1. The City Manager or designee may establish security screening, which may include metal detectors and other screening equipment, at each point of entry to any TGIF Concert in the Park. If security screening is established by the City Manager or designee, all persons shall submit to the screening of their person and possessions as a condition of entry to the concert, except the following: a. Current City of Carlsbad elected officials and employees, acting within the scope of their duties and upon a showing of valid identification, which may include a city-issued identification card ; b. Current City of Carlsbad contractors and consultants, acting within the scope of their contract and upon a showing of valid identification; and March 26, 2024 Item #10 Page 3 of 4 Exhibit 1