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HomeMy WebLinkAbout2025-03-18; City Council; 07; Adoption of Ordinance No. CS-487 – Amendment to Carlsbad Municipal Code Chapter 8.36 Addressing Quality of Life Concerns Related to Homelessness and People Living in VehiCA Review CKM Meeting Date: March 18, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Faviola Medina, Director of Constituent & Clerk Services faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-487 – Amendment to Carlsbad Municipal Code Chapter 8.36 Addressing Quality of Life Concerns Related to Homelessness and People Living in Vehicles Districts: All Recommended Actions Adopt Ordinance No. CS-487 amending Carlsbad Municipal Code Chapter 8.36, Section 8.36.020, to address quality of life concerns related to homelessness and people living in vehicles. Executive Summary The recommended action adopts Ordinance No. CS-487 to amend Carlsbad Municipal Code Chapter 8.36, Section 8.36.020, to address quality of life concerns related to homelessness and people living in vehicles. Explanation & Analysis Ordinance No. CS-487 was introduced and first read at the City Council meeting held on March 4, 2025. 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-487 amending Carlsbad Municipal Code Chapter 8.36, Section 8.36.020, to address quality of life concerns related to homelessness and people living in vehicles. City staff recommend amending Chapter 8.36.020 to update the definition of “Camp facility” to include a vehicle and include a definition of “vehicle” to be consistent with the California Vehicle Code definition. These amendments to Chapter 8.36 will extend the city’s existing unlawful camping laws to people camping in vehicles on public streets or in public places. This second reading allows the City Council to adopt the ordinance. Fiscal Analysis The proposed ordinance should not have an appreciable fiscal impact. It is difficult to predict whether enforcement of the new provisions such as unlawful camping in a vehicle will impact overall police calls for service, and to quantify enforcement costs related to unlawful public camping offenses. March 18, 2025 Item #7 Page 1 of 6 The Police Department, its Homeless Outreach Team and the City Attorney’s Office will continue to use available resources and the different enforcement options available to address community concerns on this important issue. The $2.9 million three-year Encampment Resolution Funding grant funding to address the service and shelter needs for people living in their vehicles is temporary. City staff recommend revisiting the amended ordinance language when that grant funding is in its final year. The City Council can then evaluate the success of city services and enforcement to gauge continuance of the approach presented. Next Steps The City Clerk’s Office 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. Environmental Evaluation The proposed action to amend Carlsbad Municipal Code Chapter 8.36, Section 8.36.020, to address quality of life concerns related to homelessness and people living in vehicles is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. Exhibits 1. Ordinance No. CS-487 March 18, 2025 Item #7 Page 2 of 6 Exhibit 1 ORDINANCE NO. CS-487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 8.36, SECTION 8.36.020 TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PEOPLE LIVING IN VEHICLES WHEREAS, Carlsbad Municipal Code Chapter 8.36 addresses unlawful camping on public and private property; and WHEREAS, the use of a vehicle for illegal camping purposes can endanger the public health and the environment when camping-related waste and human waste are disposed of improperly; WHEREAS, the use of a vehicle for illegal camping purposes can expose individuals utilizing the vehicle to various health and safety hazards, such as limited access to sanitation, clean water, and proper ventilation, as well as extreme weather conditions; WHEREAS, the City Council of the City of Carlsbad has determined that prohibiting the use of vehicles for illegal camping purposes within the City of Carlsbad will protect the public health, safety and environment by ensuring that camping occurs only in those designated areas where appropriate provisions have been made for handling camping-related waste, food preparation, and fires. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. The proposed action to amend Carlsbad Municipal Code Chapter 8.36, Section 8.36.020, to address quality of life concerns related to homelessness and people living in vehicles is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3. The Carlsbad Municipal Code Chapter 8.36 is amended to read as follows: 8.36.020. Definitions. As used in this chapter: "Beach" means those areas as defined in Carlsbad Municipal Code Section 11.32.020. "Camp" means to use camping implements in an outdoor area or to erect or occupy a camp facility for living accommodations purposes such as sleeping activities, preparations to sleep (including the laying down of bedding for the purpose of sleeping), storing personal property, or making a campfire. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants in these activities are in fact using the area as a living March 18, 2025 Item #7 Page 3 of 6 accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Camping does not include picnicking, sitting, lying, or sleeping in an outdoor area or in a camp facility that is not being used for living accommodations purposes. This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass." "Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping, living accommodations purposes, or carrying on cooking activities. “Camp facility” also includes a vehicle of any kind, whether or not the vehicle is operable, while parked and being used for sleeping or living quarters. "Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets, luggage, back-packs, kitchen utensils, cookware, clothing, and similar gear or materials. "City personnel" means the police department and its third-party contractors and any other city employees or third-party contractors designated by the City Manager. "Highway" means a way or place of whatever nature, publicly maintained and open to public use for purposes of vehicular travel. "Open space" means any parcel of land or water which is unimproved and devoted to an open space use, and which is designated as an Open Space Zone in Title 21 of this code. "Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010. "Parkway" means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped. "Person" is defined as any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity recognized by law as the subject of rights or duties. "Personal property" includes the following items: 1.Medication, medical devices, eyeglasses, or other prescription lenses; 2.Sleeping bag or bed roll which is sanitary and non-verminous; 3.Tents in usable and reasonably good condition; 4.Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous; 5.Nonperishable food items; and 6.Personal property with an estimated individual fair market value of at least $50.00. "Public place" means any property in the city-owned, leased, licensed, or operated by a public entity that is accessible to the public, including any of the following: parks, beaches, alleyways, parking lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space, sidewalks, curbs, and public educational institutions. "Shelter" means a structure designed to provide homeless persons and unstably housed individuals with overnight sleeping accommodations and relief from the elements. The "shelter" may offer meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include a March 18, 2025 Item #7 Page 4 of 6 safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation, for pedestrian travel. "Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put in place or leave in a particular place, whether attended or unattended. "Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in the city dedicated and open to public use, or such other public property so designated by state law. "Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric. "Unattended personal property" means no person is present with an item or items of personal property who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public place so that it may be appropriated by the next comer. Personal property is not considered "unattended" if a person is present with the personal property and the person claims ownership over the personal property. "Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. 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. March 18, 2025 Item #7 Page 5 of 6 uocus1gn t:nve1ope IU : t: 1 UtibJLL-4U / A-4UAti-A!:JA4-tiLULLLL!>4 / t-t: INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 4th day of March 2025, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of March, 2025, by the following vote, to wit: AYES: NAYS: ABSTAIN : ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. None. None. None. APPROVED AS TO FORM AND LEGALITY: CINDIE K. M cMAHON, City Attorney March 18, 2025 KEITH BLACKBURN, Mayor j~ ~ "'M1.:·'Mj.u-v ~ SHERRY FREISINGER, City Clerk (SEAL) Item #7 Page 6 of 6 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Attachments: Marian Vega Clancy <president@lwvncsd.org> Friday, March 14, 2025 5:54 PM All Receive -Agenda Item # I For the Information of the: ~ITY COUNCIL Date2117l~CA .---CC .- iM ';l:fsfsl a < B@hl (!t D 6 City Clerk; Housing; Police; Keith Blackburn; City Attorney; Council Internet Email advocacy@lwvncsd.org City Council MTG March 18 Agenda Item 7 -OPPOSED AS DRAFTED 2025-03-18 Carlsbad City Council Agenda Item 7 -Opposed as Drafted.pdf The League of Women Voters of North County San Diego commends the City's outreach efforts to offer supportive services to unhoused people living in vehicles, however, we believe the City's success in enforcing a no camping ordinance will drive people out of Carlsbad into other jurisdictions and away from the services needed. We believe Carlsbad's supportive services will be more successful if Safe Parking is available. Therefore, we oppose as drafted Agenda Item# 7 of the upcoming March 18, 2025 City Council Meeting "Adoption of Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to People Living in Vehicles". Please see my attached letter. Thank you for your service to our community, Marian Vega Clancy President, LWVNCSD JWV ~EAGUEoFWOMENVOTERS" L~ OF NORTH COUNTY SAN DIEGO CAUTION: Do not o en attachments or click on links unless 1 LEAGUE OF WOMEN VOTERS ® _ OF NORTH COUNTY SAN DIEGO Mayor Blackburn, Mayor Pro-Tern Bhat-Patel, and Carlsbad City Council members, Mandy Mills, Housing and Homeless Services Director Mandy Mills, Police Chief Christie Calderwood, and Assistant City Attorney Jennifer True RE: Agenda Item # 7, March 18, 2025 -OPPOSED AS DRAFTED -Adoption of Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to People Living in Vehicles The League of Women Voters of North County San Diego supports programs and policies to assist those who are unhoused or about to become unhoused to meet their basic human needs. Essential parts of this LWV Position on Homelessness are: 1. Rescission by local jurisdictions and San Diego County of policies, practices, regulations and laws that criminalize, penalize, or permit the harassment of homeless persons for engaging in necessary life activities in public spaces (i.e., sleeping, standing, camping, etc.) 2. Provision of facilities to meet the needs of those who are homeless for personal hygiene, storage, and trash removal, as well as safe spaces for tents, cars or recreational vehicles used for sleeping. We strongly urge you to reconsider your decision to adopt an ordinance penalizing the unhoused for sleeping in cars, the only safe place they have (proposed amendment to Carlsbad Municipal Code Chapter 8:36, Section 8.36.020.) There is no mention of what unhoused Carlsbad citizens should do if they want to accept help, but there are no shelter facilities available to take them in. It appears the unhoused will be penalized and fined for something beyond their control. The option of a Safe Parking haven has been discarded, a compassionate and practical option that other neighboring communities and charitable organizations have successfully implemented including Oceanside and Encinitas. We commend the City's outreach efforts to offer supportive services to unhoused people living in vehicles, however, we believe the City's enforcing a no camping ordinance will drive people out of Carlsbad into other jurisdictions and away from the services needed. We urge you to take the truly compassionate action of amending this ordinance to include a Safe Parking option, to provide a place where residents can stay in their vehicles while they improve their situation. There is no need more basic for people than safe shelter. Thank you for your service and for your consideration. Jt-re;:.tlo/ Marian Vega Clancy President, League of Women Voters of North County San Diego Tammy Cloud-McMinn From: Sent: To: Subject: Roslyn Raue <rozraue@gmail.com> Tuesday, March 18, 2025 11 :19 AM City Clerk Ordinance #7 On March 18 City Council meeting All Receive -Agenda Item# _2__ For the Information of the: TY COUNCIL D t ~CA v CC v a -- CM V ACM ✓ DCM (3)..:::::: First of all a BIG thank you to the City Council, especially Melanie Burkholder for addressing this important issue. I have lived in the Village for 10 years and do a lot of walking every day in the area. For 10 years I have noted the SUVs, vans, and cars being full time homes for people. I'm sure there are many reasons for people to do this, homelessness, free camping, beautiful free beaches and views, entitlement, etc. I am aware of a one remodeled ambulance where the woman lived on Garfield St. for nine years by choice and had a 6 figure job. I have also noted a 30+ foot motorhome plus a car on Carlsbad Blvd. for two years with a full time residency. This person has chosen to take up 4+ parking spots at the beach (ocean front) away from families to enjoy our beautiful beach. I have counted up to 14 oversized vehicles on Carlsbad Blvd. between Tamarack and Cannon in the summer (many stay for extended periods of time, overnight). That equates to taking up to 40 car spaces that families could use. This is simply greed. The "fix" is not that difficult ... enforce the overnight laws on the books, paint reasonable car spaces on the beach roads, and provide a parking lot outside the Village for those folks that Really need a home. Thank you again for addressing this very important issue as density in the Village increases. With Optimism, Roz Raue Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Lesa Thode <lesa.thode@gmail.com> Tuesday, March 18, 2025 11 :42 AM City Clerk Car camping ban Dear Carlsbad City Council Member, Please vote NO the proposed ban on car camping on public streets and rather provide a service that allows folks to find services and safe overnight parking, perhaps at city-owned properties like our libraries. We might even be able to create tiny house accommodations available to folks with their library card for short-term shelter while they are routed to more sustainable living situations. Likewise, we may offer overnight parking in select spots near restroom facilities at our local parks, golf courses, City Hall, Fire Stations, Police Stations during scheduled hours? Have restricted parking limits in areas of concern from 1 Opm to 4am ... WITH QR codes on the signs to find immediate overnight safe parking and shelter assistance. Instead of banning we should be serving the unmet needs of our community. Safe shelter is a human right. We can do better. Thank you. Lesa Thode District 3 Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Vanessa Forsythe <vforsythe13@gmail.com> Tuesday, March 18, 2025 12:48 PM City Clerk Agenda Item #7 Oppose Unless Amended Dear Honorable Mayor Blackburn and City Ciuncil Members Regarding Agenda Item #7 the ordinance before the council "Addressing Life Concerns for People Living in Vehicles" should be amended to include providing safe secure parking for those who are living in their vehicles. Other cities like Oceanside and Encinitas have provided overnight secured parking lots for people living in their vehicles.The people living in their vehicles are doing so because they don't have an alternative place to live and avoiding beings on the street and it includes vulnerable populations like families, elderly and disabled.It is commendable that Carlsbad before giving citations has a team that will work with unsheltered individuals to provide resources. But it must be acknowledged that these resources for housing are limited and insufficient to meet current needs. Some will argue that people living in their vehicles "are not from Carlsbad" and should be go back to where they came from and not use our resources. We are all migrants from somewhere and this migration of unsheltered will continue and must be addressed until adequate affordable housing exists. Thank you for your consideration and service Vanessa 858-449-9992 Vanessa Forsythe RN MSN 2177Vista La Nisa Carlsbad CA 92009 "To refuse to participate in the shaping of our future is to give up. Do not be misled into passivity either by false security (they don't mean me) or by despair (there's nothing we can do). Each of us must find our work and do it." -Audre Lorde CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Lance Johannsen <smileyjoh@hotmail.com> Wednesday, March 19, 2025 9:26 AM City Clerk Homeless sleeping in vehicles ordinance Ali Receive -Agenda Item # .2.. Par the Information of the: ~l~OUNCIL Date;:;/n CA CC ✓ CM ~ACM_DCM (3)_ Hard-hearted, taking away from these humans, with so little personal space and possessions! The City hasn't even tried to find or provide a dedicated parking lot for some of the owners with no other personal effects, while Oceanside is stepping up with a parking lot for homeless with vehicles. Gerald Lance Johannsen 5486 Carlsbad Blvd Get Outlook for iOS CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: -----Original Message----- Council Internet Email Tuesday, March 18, 2025 4:23 PM City Clerk FW: Ordinance 7 on 3/18/25 agenda Banning sleeping in cars Ordinance 7 on 3/18/25 agenda Banning sleeping in cars From: Chris Durnan <chrisdurnan4@gmail.com> Sent: Tuesday, March 18, 2025 3:58 PM To: Council Internet Email <council@carlsbadca.gov> Subject: Ordinance 7 on 3/18/25 agenda Banning sleeping in cars CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Good evening, my name is Chris Durnan and I reside at 4900 Neblina Drive in Carlsbad. I'm a 37 year resident of Carlsbad. I am also the co-coordinator of a program called Showers of Blessings Carlsbad, a homeless outreach program, which is located on Madison St in the downtown area. For the past 7 years, on Tuesdays, we have provided hot showers and many other necessities to our unhoused neighbors in Carlsbad. A portion of these people live in their cars. These are people who follow our rules, get a hot shower and some much needed food and services ... and just need a safe place to sit and socialize for a few hours. In talking with our car dwellers, and in reading the articles in the newspaper, they are being targeted to move out of the area, even though they diligently try to help clean up the areas they live in and just want to stay in the area that they feel safe in. Carlsbad is a safe place. I have always felt that way too. So if you're bent on evicting them out of the city then how about you first offer them a safe place to go. Like a safe parking lot. Encinitas and Oceanside, and other cities, have been able to provide those services. With the amount of money we receive to address the challenge of homelessness, the city should partner with an experienced organization such as Jewish Family Services, SD Mission or Alpha Project, all of which currently successfully run safe parking lot programs in various cities in the county. A perfect location is the old Farmers Insurance building on El Camino Real and Faraday. We need to give our car dwellers options besides kicking them out of our city. Or it just becomes another city's problem. And that is not the way to a solution. A safe parking lot is a great place to be able to start working with these folks. We have resource people and resources for them to take advantage of but the resource people need a central place to contact all of these folks and help them to begin the journey. It's not an easy journey for them and they can use all the help they can get. I urge you to consider this idea as an alternative to banning them from the safe places they have found.