HomeMy WebLinkAbout2018-10-16; City Council; ; Community Safety and Gun Violence Prevention Policyrequest, a motion for the Committee (along with the other three school districts serving the
city) to pursue a process with the aim of crafting a resolution in support of gun violence
prevention resulted in a 2-2 tie vote, which means no action was taken.
Given that the City/School Committee is not expected to take further action on this matter at
this time, the City Council may wish to pursue one of the following options:
a.) Identify the key policy statements that the City Council wants to include, and direct staff
to prepare a resolution on community safety and gun violence prevention for City
Council consideration at a future meeting;
b.) Direct staff to design and facilitate a public process to develop a Carlsbad-specific
resolution on community safety and gun violence prevention for City Council
consideration at a future meeting; or
c.) Take no further action.
Next Steps
Should the City Council direct staff to either prepare or facilitate a public process to develop a
resolution, staff would place an item on a future agenda for City Council consideration of the
resolution.
Fiscal Analysis
No city funding is being requested at this time.
Environmental Evaluation (CEQA)
Pursuant to Pub lic Resources Code Section 21065, this action of discussing a community safety
and gun violence prevention policy, does not constitute a "project" within the meaning of the
California Environmental Quality Act (CEQA) 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.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act {California Government Code
Section 54950 et seq.), published and distributed at least 72 hours prior to the meeting date
and time.
Exhibits
1. September 20, 2018-City/School Committee Draft Meeting Minutes
October 16, 2018 Item #9 Page 2 of 12
(city of
Carlsbad
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September 20, 2018, 1 p.m.
CALL TO ORDER: 1 p.m.
Exhibit 1
City/School Committee Meeting Minutes
Pine Avenue Community Center
3209 Harding Street
Carlsbad, CA 92008
ROLL CALL: Council Member C. Schumacher, Council Member M. Schumacher, Board
Member E.Williamson, Board MemberV. Williams
I. Pledge of Allegiance
Carlsbad City Manager Scott Chadwick led the Pledge of Allegiance.
II. Welcome/Introductions
Carlsbad City Council Members, Carlsbad Unified School District (CUSD) Board Members
School District staff and City staff introduced themselves.
Council Member C. Schumacher was unanimously elected to be Chair of the meeting.
Ill. Community and School Safety Policy Discussion: Gun Violence Prevention
a. Presentation from City and District Staff
Council Member C. Schumacher gave an overview of the request that came before the
Council to adopt a resolution in support of gun violence prevention (Exhibit 1). She
explained that when the resolution was presented to the Carlsbad City Council,
the Council voted to have the City/School Committee consider the resolution prior to
taking any action.
Board Member V. Williams commented that the conversation should involve the other
three school districts that serve Carlsbad as well.
Board Member E. Williamson stated that CUSD already has a school safety plan in place.
CUSD Superintendent Dr. Ben Churchill gave an overview of background information on
safety in Carlsbad schools (Exhibit 2).
Council Member M. Schumacher explained that he was not comfortable with some of the
language presented in the draft resolution such as support for walkouts and sit-ins. He
asked if the Board representatives would be comfortable with the proposed resolution
with some modifications to the language.
October 16, 2018 Item #9 Page 3 of 12
September 20, 2018 City/School Committee Meeting Page 2
Council Member C. Schumacher stated that the draft language of the resolution was
presented to initiate a conversation and that the Council decided that to move
forward the City/School Committee should discuss the issue.
b. Public Comment
Nikki Faddick, Carlsbad, spoke in support of the Council adopting a resolution in support
of gun violence prevention.
Debbie Mendler, Carlsbad, expressed concerns relating to bullying at schools.
Catherine Esquivel, Carlsbad, spoke in favor of better mental health support for students
at local schools.
c. Discussion
Council Member C. Schumacher asked if the other members of the Committee felt that a
resolution or statement of policy could be crafted and moved forward.
Board Member V. Williams stated that although she appreciated the opportunity to
discuss the issue she felt that the other school districts in Carlsbad should be represented.
Board Member E. Williamson explained that she would not be supporting the resolution
without taking the language back to the entire School Board for their consideration. She
also spoke in support of having all districts represented on the Committee. In closing, she
stated that the school district had already performed a safety audit in conjunction with
law enforcement.
Council Member C. Schumacher made a motion that the Committee (along with the other
three school districts serving the City) pursue a process with the aim of crafting a
resolution in support of gun violence prevention.
Council Member M. Schumacher questioned if it makes sense for the City or the schools
to spearhead that effort.
Superintendent Churchill asked if the robust discussion would relate to the overall safety
and wellness of students.
Council Member C. Schumacher stated that the discussion would be the narrow focus of
gun violence prevention.
Superintendent Churchill stated he would be supportive of the City continuing to pursue
the discussion. However, he would reach out to his colleagues at the other school
districts.
October 16, 2018 Item #9 Page 4 of 12
September 20, 2018 City/School Committee Meeting Page 3
Board Member V. Williams seconded the motion made by Council Member C.
Schumacher.
Board Member E. Williamson and Council Member M. Schumacher stated they would not
support the motion and were in favor of a more general safety and wellness resolution.
Motion resulted in no action due to the tie vote.
Board Member E. Williamson stated she needed to leave and left the meeting at 2:02 p.m.
Committee discussion ensued regarding returning to the City Council with the results of
the meeting held today.
IV. Adjournment
The City/School Committee Meeting adjourned at 2:13 p.m.
October 16, 2018 Item #9 Page 5 of 12
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
April 24, 2018
Mayor and City Council
Kevin Crawford, City Manager
Jason Haber, Assistant to the City Manager
Jason.haber@carlsbadca.gov or 760-434-2958
Exhibit 1
CA Review v-Je,,
Subject: Discussion of sample resolution in support of gun violence prevention
Recommended Action
Discuss a sample resolution in support of gun violence prevention, and provide direction to
staff.
Executive Summary
During the Public Comment portion of the March 27, 2018, City Council meeting, the City
Council directed staff to place a sample resolution prepared by Moms Demand Action for Gun
Sense in America, in support of gun violence prevention on a future Council agenda for
discussion.
Discussion
The Sample Resolution in Support of Gun Violence Prevention, attached as Exhibit 1, was
prepared by Moms Demand Action for Gun Sense in America (momsdemandaction.com).
Following City Council discussion pf the sample resolution, Council may wish to direct staff to
pursue one of the following options:
a.) Prepare and present the sample resolution, as submitted by Moms Demand Action, for
City Council consideration at a future meeting;
b.) Research and develop an alternative resolution, or other potential City Council policy
actions, for Council consideration at a future meeting, based upon Council feedback and
direction;
c.) Forward a request that the Carlsbad City/School Committee develop a recommendation
to the City Council on the matter of gun violence prevention;
d.) Take no further action.
Next Steps
Should Council direct staff to prepare a resolution or pursue other policy actions in support of
gun violence prevention, staff would place an item on a future agenda for City Council
consideration.
April 24, 2018 Item #13 Page 1 of 4 October 16, 2018 Item #9 Page 6 of 12
Fiscal Analysis
There is no fiscal impact associated with this item.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action of discussing a sample resolution
in support of gun violence prevention, and providing direction to staff, does not constitute a
"project" within the meaning of the California Environmental Quality Act (CEQA) 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.
Public Notification
This item was noticed in'accordance with the Ralph M. Brown Act (California Government Code
Section 54950 et seq.), published and distributed at least 72 hours prior to the meeting date
and time.
Exhibits
1. Sample Resolution in Support of Gun Violence Prevention (prepared by Moms Demand
Action for Gun Sense in America)
April 24, 2018 Item #13 Page 2 of 4 October 16, 2018 Item #9 Page 7 of 12
Sample Resolution in Support of Gun Violence Prevention
(prepared by Moms Demand Action for Gun Sense in America)
Exhibit 1
WHEREAS, Gun violence in the United States, resulting in over 30,000 deaths annually and
1 80,000 non-fatal injuries , including homicides, suicides, and accidental shootings, is
unacceptable and demands immediate attention and action; and
WHEREAS, Senseless and tragic mass shootings at places such as schools, colleges, and
universities; movie theatres; music festivals; hospitals and medical clinics; shopping malls; and
religious institutions have highlighted the dangers of and clearly demonstrates that gun-related
violence can occur any place at any time; and
WHEREAS, Community violence, which is often gun violence that occurs in a community but
does not directly impact a child, still negatively impacts learning, health, and behavior,
interfering with the ability of students to succeed in school and in life; and
WHEREAS, The crisis of gun violence in our country necessitates a sustained, coordinated,
and collaborative effort involving entire communities, elected officials at every level of
government, law enforcement, and the entire criminal justice system; and
WHEREAS, The City of Carlsbad is a coastal community in the north coastal region of San
Diego, California that contains 4 school districts, is home to over 113,000 residents who
deserve the highest level of public safety, that hosts local and international events that draw
thousands of visitors a year, and also includes critical infrastructure such as the nation's
largest, most technologically advanced and energy-efficient seawater desalination plant
desalination plant and the Carlsbad Energy Center; and
WHEREAS, The City of Carlsbad is committed to supporting our public safety officers and first
responders who serve at the front lines in the protection of our residents and visitors; and
WHEREAS, We strive to use data to make informed decisions about public policy and must
also look to the evidence about gun violence to make. rational choices about the gun control
policies needed to protect our children and their safety; and
WHEREAS, Elected officials must commit to closing gaps in the current patchwork of
regulation, including those gaps that enable felons, people convicted of domestic violence,
children, those found to be a danger to themselves or others, and other prohibited persons to
access firearms, and those that allow the trafficking of illegal guns; and
WHEREAS, In 2010, a gunman emptied a .357 magnum revolver into a crowd of school
children at Kelly Elementary School, wounding a 6 and 7 year old and shattering our
community; and
WHEREAS, Since the Sandy Hook Massacre in 2012, where twenty 6-and 7-year-old children
and six members of the school's staff were murdered by a single gunman using a semi-
automatic handgun and semi-automatic rifle, there have been more than 200 school
4 shootings nationwide with 138 people killed and another 300 people injured , terrorizing
April 24, 2018 Item #13 Page 3 of 4 October 16, 2018 Item #9 Page 8 of 12
communities and leaving emotional scars;
NOW THEREFORE BE IT RESOLVED, That the City of Carlsbad demands action from our
State and Federal Representatives to adopt stricter controls governing the sale, transfer,
possession, manufacturing, and distribution of all firearms, dangerous weapons, and
ammunition; and be it further
RESOLVED, That those stricter controls include not only comprehensive and thorough
background checks of all purchases of firearms, including curios and relics; dangerous
weapons; and ammunition; and include the purchase of those items facilitated through the
internet and at gun shows; but also an outright ban on semi-automatic firearms, high-capacity
magazines, armor-piercing ammunition, bump stocks, and any other equipment, alteration, or
modification that would increase a firearm's capacity for ammunition or rate of fire; as well as
reasonable waiting periods and mandated training in the safe use of guns; and be it further
RESOLVED, That we support the elimination of the Dickey Amendment and any other
restrictions on the collection and compiling of data related to violence perpetrated with
firearms, including research into the causes and consequences of gun violence, such as that
research that was begun by the Centers for Disease Control and Prevention but abruptly
halted in 1996 when the Dickey Amendment was enacted and be it further
RESOLVED, That the City Council supports organized student and adult ally action to amplify
students' voices and work toward creating a future where children are no longer murdered in
schools, including such activities as walkouts, sit-ins, civics training, voter registration
campaigns, and other acts of civil disobedience and peaceful protest; and be it further
RESOLVED, That the City Council of the City of Carlsbad transmit copies of this resolution to
the President and Vice President of the United States, the Speaker of the House of
Representatives, the President pro tempore of the United States Senate, the Attorney
General of the United States, the Secretary of Health and Human Services, the Secretary of
Education, the Secretary of the Department of Homeland Security, the Majority Leader of the
United States Senate, the Minority Leader of the United States Senate, the Majority Leader of
the House of Representatives, the Minority Leader of the House of Representatives, and to
each Senator and Representative from California in the Congress of the United States, and
that we demand those officials take immediate action to enact meaningful gun control
legislation and prevent even one more child being harmed by gunfire.
April 24, 2018 Item #13 Page 4 of 4
October 16, 2018 Item #9 Page 9 of 12
To:
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Exhibit 2
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From:
Members of the City/School Committee
Dr. Ben Churchill, Superintendent
Re:
Date:
Background Information on Safety in Carlsbad Schools
September 17, 2018
Carlsbad Unified School District (CUSD) staff have compiled the following information in preparation for the
September 20, 2018 City/School Committee meeting, and will be reviewed as part of the District staff
presentation during Agenda Item #3 (Community and School Safety Policy Discussion: Gun Violence
Prevention). This item is to discuss the potential outcomes, parameters and process for conducting a
community dialogue on community/school safety, gun violence, and mental and emotional health; in order to
develop a Carlsbad-specific policy proposal to reduce the threats to students and the broader community. The
following items are provided as background information:
1. California's "Gun-Free School Zone Act": Penal Code 626.9 PC : while there have been national
conversations about arming teachers, in California this is forbidden by statute.
a. Penal Code 626.9 PC is known as California's Gun-Free School Zone Act. Enacted in 1995, this
firearms law prohibits possession of a firearm in a school zone. An area is a "school zone" if it is
within 1,000 feet of public or private school grounds. There are a limited number of exceptions:
i. A firearm may be properly secured in a locked container in a vehicle, per California
Penal Code 25400 PC;
ii. Persons may possess a firearm because they reasonably fear that their life is in "grave
danger" in accordance with California's self-defense laws;
iii. Specific persons who are authorized to carry concealed weapons such as those
engaged in the business of selling, manufacturing, etc. firearms and those who are
guards, carriers, or messengers for banks or other financial institutions;
iv. Police officers (whether active or honorably retired);
v. Security guards who are authorized under California Penal Code 25850 PC to carry
loaded firearms.
b. NOTE: Having a California "carry a concealed weapon" (CCW) permit under Penal Code 26150
and 26155 PC does not exempt one from prosecution if one carries a concealed weapon in a
school zone. For more info: https://www.shouselaw.com/qun-free-school.html
2. CUSD Board Policy: BP 5131 .7: Weapons and Dangerous Instruments. Key items from this policy·
include:
a. "The Board of Trustees desires students and staff have the right to a safe and secure campus
free from physical and psychological harm and desires to protect them from the dangers
presented by firearms and other weapons."
Page 1 of 3
October 16, 2018 Item #9 Page 10 of 12