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HomeMy WebLinkAbout2021-09-28; City Council; ; Discussion Regarding Appointments to the City Council Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update SubcommitteeMeeting Date: Sept. 28, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Director of Legislative & Constituent Services Sheila.cobian@carlsbadca.gov, 760-434-2917 Subject: Discussion Regarding Appointments to the City Council Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update Subcommittee District: All Recommended Action Discuss and consider options for appointments to the City Council Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update Subcommittee. Depending on how City Council wishes to proceed: 1.Adopt a resolution appointing one City Council member to the City Council Homeless Action Subcommittee, or Adopt a resolution terminating the City Council Homeless Action Subcommittee and having the items it considered presented directly to the full City Council. 2.Adopt a resolution appointing one City Council member to the Carlsbad Municipal Code and City Council Policy Update Subcommittee and converting the subcommittee to a standing subcommittee, or Adopt a resolution terminating the Carlsbad Municipal Code and City Council Policy Update Subcommittee and having the items it considered presented directly to the full City Council. Executive Summary/Discussion On July 9, 2021, City Council Member Cori Schumacher resigned her District No. 1 City Council seat effective immediately. Her resignation left a vacancy on the standing Homeless Action Subcommittee (formed on March 23, 2021) and the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (formed on July 23, 2019). Other members of the subcommittees are Mayor Hall on the Homeless Action Subcommittee and Mayor Pro Tem Blackburn on the Carlsbad Municipal Code and City Council Policy Update Subcommittee. CA Review CKM Sept. 28, 2021 Item #14 Page 1 of 8 On July 20, 2021, the City Council voted unanimously to suspend the Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update Subcommittee rather than appoint an alternate council member to the subcommittees (Resolution No. 2021- 176). Now that a District 1 council member has been appointed, staff are presenting this item so that the council can determine whether it wishes to reinstate the subcommittees or to terminate them and have items that would previously have been considered by the subcommittees go directly to the full City Council for consideration. The Homeless Action Subcommittee was formed as a standing committee, which requires that all meetings be subject to the Ralph M. Brown Act, meaning that all meetings must be noticed with an agenda, an opportunity for public participation, minutes prepared and meetings livestreamed on the city’s website, as are all City Council meetings. The ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee was initially formed as a limited term subcommittee, which would sunset upon the completion of all updates to the Municipal Code and City Council policies. However, before the City Council suspended the subcommittee, its members of the subcommittee determined that because of the anticipated duration of the work, the subcommittee should be transitioned to a standing committee, which would also be subject to the provisions of the Ralph M. Brown Act. Staff anticipated bringing that recommendation to the full City Council for its consideration before Council Member Schumacher’s resignation. Options Due to the current vacancies on the City Council subcommittees, the City Council may consider approving the following options: Option 1: Appoint a member of the City Council to the Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update Subcommittee and convert the Carlsbad Municipal Code and City Council Policy Update Subcommittee to a standing committee Pro • City Council members will work closely with staff to review and evaluate issues relating to Homelessness and oversee a detailed review of the Carlsbad Municipal Code and City Council policies. Cons • Review of work by the subcommittees prior to full City Council consideration likely results in delays to the implementation of suggested direction or approval of updates. • Coordinating schedules to allow for additional Brown Act-compliant meetings can be challenging. • Facilitating Brown Act-compliant meetings comes with costs for such expenses as audio and video support. Sept. 28, 2021 Item #14 Page 2 of 8 Option 2: Terminate one or both subcommittees Pro • All of the work to be considered by the subcommittees will be directly presented to the full City Council for consideration, resulting in timelier consideration of items of immediate interest. Cons • A subcommittee of the City Council will not be forwarding recommendations to the full City Council for consideration and approval. Fiscal Analysis The costs associated with facilitating Brown Act compliant meetings of boards, commissions and committees were included in the Fiscal Year 2021-22 budget. There is no fiscal impact if the City Council chooses to terminate one or both subcommittees Next Steps The City Clerk Services Manager will update the city’s website and City Council meeting agenda template to reflect the City Council’s direction. Environmental Evaluation (CEQA) In keeping with California 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. Therefore, it does not require environmental review. Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 24 hours before the scheduled meeting date. Exhibits 1. City Council resolution appointing one member to the Homeless Action Subcommittee 2. City Council resolution terminating the Homeless Action Subcommittee 3. City Council resolution appointing one member to the Carlsbad Municipal Code and City Council Policy Update Subcommittee and converting the subcommittee to a standing subcommittee 4. City Council resolution terminating the Carlsbad Municipal Code and City Council Policy Update Subcommittee Sept. 28, 2021 Item #14 Page 3 of 8 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER OF THE CITY COUNCIL TO THE HOMELESS ACTION SUBCOMMITTEE WHEREAS, on March 23, 2021, the City Council adopted Resolution No. 2021-070 authorizing the formation of a standing City Council Homeless Action Subcommittee; and WHEREAS, City Council Member Cori Schumacher was appointed to the subcommittee; and WHEREAS, on July 9, 2021, City Council Member Cori Schumacher resigned her District No. 1 City Council seat effective immediately; and WHEREAS, on July 20, 2021, the City Council unanimously voted to suspend the Homeless Action Subcommittee; and WHEREAS, now the vacancy on the City Council has been filled and the City Council desires to fill the vacancy on the Homeless Action Subcommittee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the following member of the City Council is appointed to the Homeless Action Subcommittee: _____________________________ PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: _____________________________________ MATT HALL, Mayor ______________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Exhibit 1 Sept. 28, 2021 Item #14 Page 4 of 8 RESOLUTION NO. 2021-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TERMINATING THE HOMELESS ACTION SUBCOMMITTEE Exhibit 2 WHEREAS, on March 23, 2021, the City Council adopted Resolution No. 2021-070 authorizing the formation of a standing City Council Homeless Action Subcommittee; and WHEREAS, City Council Member Cori Schumacher was appointed to the subcommittee; and WHEREAS, on July 9, 2021, City Council Member Cori Schumacher resigned her District No. 1 City Council seat effective immediately; and WHEREAS, on July 20, 2021, the City Council unanimously voted to suspend the Homeless Action Subcommittee; and WHEREAS, City Council now finds that terminating the Homeless Action Subcommittee will result in timelier consideration of staff work by the full City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Homeless Action Subcommittee is terminated. 3. That all items that would have gone to the Homeless Action Subcommittee are to be presented to the full City Council for consideration and approval. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 281h day of September 2021, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. Sept. 28, 2021 Item #14 Page 5 of 8 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY UPDATE SUBCOMMITTEE AND CONVERTING THE SUBCOMMITTEE TO A STANDING COMMITTEE WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-133 authorizing the formation of an ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee; and WHEREAS, City Council Member Cori Schumacher was appointed to subcommittee; and WHEREAS, the anticipation duration of the subcommittee’s remaining work necessitates converting the subcommittee to a standing subcommittee; and WHEREAS, on July 9, 2021, City Council Member Cori Schumacher resigned her District No. 1 City Council seat effective immediately; and WHEREAS, on July 20, 2021, City Council unanimously voted to suspend the Carlsbad Municipal Code and City Council Policy Update Subcommittee; and WHEREAS, now the vacancy on the City Council has been filled and the City Council desires to fill the vacancy on the Carlsbad Municipal Code and City Council Policy Update Subcommittee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Carlsbad Municipal Code and City Council Policy Update Subcommittee shall be converted to a standing subcommittee, rather than an ad hoc subcommittee. 3.That the following member of the City Council is appointed to the Carlsbad Municipal Code and City Council Policy Update Subcommittee: _____________________________ // // // // // // Exhibit 3 Sept. 28, 2021 Item #14 Page 6 of 8 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: _____________________________________ MATT HALL, Mayor ______________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Sept. 28, 2021 Item #14 Page 7 of 8 RESOLUTION NO. 2021-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TERMINATING THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY UPDATE SUBCOMMITTEE Exhibit 4 WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-133 authorizing the formation of an ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee; and WHEREAS, City Council Member Cori Schumacher was appointed to the Carlsbad Municipal Code and City Council Policy Update Subcommittee; and WHEREAS, on July 9, 2021, City Council Member Cori Schumacher resigned her District No. 1 City Council seat effective immediately; and WHEREAS, on July 20, 2021, City Council unanimously voted to suspend the Carlsbad Municipal Code and City Council Policy Update Subcommittee; and WHEREAS, City Council now finds that terminating the Carlsbad Municipal Code and City Council Policy Update Subcommittee will result in t imelier consideration of staff work by the full City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Carlsbad Municipal Code and City Council Policy Update Subcommittee is terminated. 3. That all items that would have gone to the Carlsbad Municipal Code and City Council Policy Update Subcommittee are to be presented to the full City Council for consideration and approval. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28!h day of September 2021, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. rk Services Manager Sept. 28, 2021 Item #14 Page 8 of 8 All Receive - Agenda Item for the Information of the: CITY COUNCIL Date WM/ ca cc >r CM xi ACM )f. DCM (3) Y From: Lennie A To: City Clerk Subject: September 28, 2021: Agenda, item #14 Potential appointment of Homeless Action Subcommittee Date: Monday, September 27, 2021 2:57:06 PM Dear City Council, I STRONGLY SUPPORT #3) Adoption of a resolution terminating the Homeless Action Subcommittee. Freeze any future hires until the current staff can organize, prove to the citizens of Carlsbad their competency and successes with their current plans on reducing the numbers of homeless in Carlsbad. The Homeless numbers in downtown Carlsbad are BOOMING!!! The policies made by former Cori Schumacher are failing and only encouraging transients to relocate into our communities. Please consider your decisions and actions that are affecting the visitors AND your constituents. Thank you, CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Katie Taylor <katie@taylorplace.com> Monday, September 27, 2021 5:14 PM City Clerk City Council Agenda Item #14 Carlsbad City Council 9 27 2021 letter .docx All Receive -Agenda Item# it/ For the Information of the: CITY COUNCIL OateJ/';i,:;J CA ,....,..-CC ~ CM /ACM _vDCM (3) _ Please provide my written submission on Agenda Item #14 to Mayor Matt Hall and the City Council. Thanks You, Katie Taylor Taylor Place Real Estate, lnc./Triad Properties 300 Carlsbad Village Dr. #108A-444 Carlsbad, CA 92008 Cell: (760) 803-1681 E-mail: katie@taylorplace.com CALBRE#10235942 CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 September 27, ATTN: Mayor Matt Hall and City Council RE: 14. APPOINTMENTS TO THE CITY COUNCIL HOMELESS ACTION SUBCOMMITTEE AND THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY UPDATE SUBCOMMITTEE Is the City of Carlsbad a more desirable and safer place to live now than 5 years ago? Answer-NO! Is the City of Carlsbad a more desirable and safer place to live now that 3 years ago? Answer-NO! Is the City of Carlsbad a more desirable and safer place to live now than 1 year ago? Answer-NO! Is the City of Carlsbad a more desirable and safer place to live now than 1 week ago? Answer-NO! Why is Carlsbad a less desirable and less safe? HOMELESS INVADING THE CITY Subcommittees make sense, if their recommendations lead to actions. The City does not need to spend any more money on paid bureaucratic jobs. These positions filled by people that need a homeless population for job security. Homeless is a big business. Millions of dollars in Federal grant money, State and City expenditures has fed the homeless explosion beast. Homelessness will not be solved by making it easier and more acceptable for people to live a homeless life style. We now have thousands of people living in California who have decided to use the system and choose to live homeless. Every decision made that enables people to be homeless by free food, hotel vouchers, clothing, access to showers may make people feel good about themselves, but does nothing to tackle the issue of the chronic homeless. Any solution that does not include mandatory sobriety, drug and alcohol rehabilitation as a condition to assistance will fail. Martin vs Boise has no requirements for food, clothing, transportation or a myriad of other services the homeless now receive for FREE. This is the Homeless Beast created by big business and big government which has turned the homeless population into a big money maker for some. People wonder why the homeless problem grows. FOLLOW THE MONEY! A common sense immediate action for Carlsbad is a Shopping Cart Ordinance. The shopping carts in the possession of the homeless are stolen property. The cart theft is now just too low level an offense for the DA to bother with prosecution. Even though the shopping carts are very expensive ($750-$1,200} for the business owner to replace. Who really pays? The consumer pays in higher prices to cover the theft. Our parks, sidewalks, streets inundated with shopping carts piled high. There is no excuse not to pass a tough shopping cart ordinance. The excuse ... "the homeless will find something else to use" ... is not good enough. We need to protect business owners and the quality of life in Carlsbad. The burden of the ordinance should not be placed on business owners. It should fall on the person with the stolen property in their possession. Carlsbad is spending millions to address the homeless impact. A crave out of funds for this issue is essential to reclaim the City. After law enforcement has found an individual with a shopping cart outside the area where the cart belongs or permitted, budget for a team to pick up the cart and a place to store until reclaimed by the business owner. The person with the cart can carry away what they want to retain, anything else bagged up for 30 days for them to retrieve. Once 30 days is passed, the items are disposed. Without access to shopping carts, many homeless will find their lifestyle less attractive. Perhaps a key to encouraging a person to look at better options than homelessness. As to the appointment, the major homeless impact is in District 1, so it only makes sense to appoint Councilman Peder Norby. This is also supported by the clear lack of interest in the homeless crisis in downtown Carlsbad by Council members Priya Bhat Patel and Teresa Acosta. Please Take Action! Katie Taylor Taylor Place Real Estate, Inc 760-803-1681