HomeMy WebLinkAbout2022-06-14; City Council; ; Options to Amend the Growth Management Plan Update Advisory Committee CharterCA Review __RK__
Meeting Date: June 14, 2022
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
Eric Lardy, Principal Planner
eric.lardy@carlsbadca.gov, 442-339-2712
Subject: Options to Amend the Growth Management Plan Update Advisory
Committee Charter
District: All
Recommended Actions
1.Receive a presentation on options relating to the expiration of the terms of appointees
to the Growth Management Plan Update Advisory Committee, and, if determined
appropriate
2.Adopt a resolution to amend the Growth Management Plan Update Advisory Committee
Charter (Exhibit 1).
Executive Summary
To begin work on the City Council’s goal of updating the city’s Growth Management Program,
the City Council approved the Growth Management Plan Committee Charter on Sept. 28, 2021,
and the formation of the Growth Management Plan Update Advisory Committee on March 8,
2022.
Nine of the committee members were selected to represent the city’s boards and commissions.
The commission term of one of those committee members is now ending, and he has asked to
remain on the committee. However, there are no guidelines in the charter on whether a
member whose board or commission term has expired can continue to serve on the
committee.
With this report, staff provide a summary of this issue, some options on how to proceed, and
seek the City Council’s direction on how to address this issue.
Discussion
A main goal of the City Council for fiscal year 2021-2022 is to “engage the community through a
citizens committee to create a new plan to manage growth in Carlsbad in a way that maintains
an excellent quality of life.”
June 14, 2022 Item #8 Page 1 of 12
Under the charter approved by the City Council, the Growth Management Plan Update Advisory
Committee is comprised of 19 primary and 19 alternate members; 9 of whom are selected by
the boards and commissions that advise the city on a variety of related topics. The remaining 10
members and alternates represent the four City Council districts and the city at large. After a
process to receive nominations from the boards and commissions, and an application period
that began in January 2022, the City Council appointed members to the committee on March 8,
2022.
The committee has met three times since its formation and has nine more regular meetings
scheduled through March 2023.
The committee members who were appointed to represent the nine boards and commissions
have varied terms, based on when they were appointed to their board or commission.
Fred Briggs was the primary representative appointed to the committee from the Beach
Preservation Commission. His term on the commission expires in June 2022, and he is not
eligible for reappointment to the commission because he has served two full terms.
Mr. Briggs has expressed an interest in remaining on the committee even though he will no
longer be a member of the Beach Preservation Commission. (Exhibit 2) The adopted charter
does not directly address this scenario; it only outlines what occurs when a member resigns.
When a member resigns, the charter says, their alternate is to be given the option to move into
the primary seat.
The Beach Preservation Commission appointed Lisa Stark to serve as the alternate on the
committee should Mr. Briggs be unable to serve. Ms. Stark’s term on the Beach Preservation
Commission expires in June 2024.
There are up to five more potential vacancies that will occur between now and December 2022
due to scheduled term expirations. All are eligible for reappointment. However, it should be
noted that one member has already indicated he does not wish to be reappointed.
Given that this scenario was not anticipated in the charter, staff are providing this report to City
Council and requesting direction on how to proceed.
Options
Staff provide the following options for the City Council’s consideration:
1. Adopt a resolution amending the Committee Charter to allow an appointed board or
commission member, even if they are no longer on the board or commission they were
selected to represent, to remain as a primary or alternate member during the duration of
the committee's work (Attachment A to Exhibit 1)
Pros
• Allows for continuity of the primary and alternate members on the committee
Cons
• Boards and commissions may not be directly represented on the Committee by their
current members
June 14, 2022 Item #8 Page 2 of 12
2.Maintain the current committee charter, under which the alternate committee member will
replace Mr. Briggs as the primary Commission representative, and the commission will
appoint a new alternate.
Pros
•Ensures the nine boards and commissions are directly represented on the
committee by their current board or commission members.
Cons
•Could be perceived as unfair to current committee members who were unaware
that the current charter does not allow for continued representation on the
committee when their board or commission term ends.
•Filling a vacancy is a multi-step process that takes a couple of months to complete.
•A new alternate member will need to review past meeting materials to familiarize
themselves with the committee’s discussions and actions.
Fiscal Analysis
There is no immediate nor direct fiscal impact from either option.
Next Steps
The next meeting of the Committee is on June 23, 2022. Staff will provide an update to the
Committee on this item at that meeting and carry out the City Council’s direction.
Environmental Evaluation
In keeping with Public Resources Code Section 21065, the modification of the Citizens
Committee Charter does not qualify as 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, and
therefore does not require environmental review.
Public Notification
Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council resolution
2.May 31, 2022, email from Fred Briggs
June 14, 2022 Item #8 Page 3 of 12
RESOLUTION NO. 2022-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CHARTER AMENDMENT FOR THE GROWTH
MANAGEMENT PLAN UPDATE ADVISORY COMMITTEE
Exhibit 1
WHEREAS, on May 4, 2021, the City Council of the City of Carlsbad, California adopted
Resolution No. 2021-100 directing staff to initiate the process to form a citizens committee to identify
the key elements of a new plan to manage growth and maintain excellent quality of life in Carlsbad
while complying with state housing laws; and to return to the City Council with recommendations on
the committee formation process, potential representation, roles and responsibilities, mission
statement and principles of participation; and
WHEREAS, on Sept. 28, 2021, the City Council approved resolution No 2021-223 approving the
Growth Management Plan Update Advisory Committee Charter, which identifies the committee's
mission, principles of participation, representation, roles, meeting process, and work product.
WHERAS, on March 8, 2022, the City Council made appointments to the Growth Management
Plan Update Advisory Committee based on the approved Charter and the Committee has been meeting
monthly since that time.
WHEREAS, Attachment A, attached hereto, is an update to the Growth Management Plan
Update Advisory Committee Charter, which identifies the committee's mission, principles of
participation, representation, roles, meeting process, and work product.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.The above recitations are true and correct.
2.The revised Growth Management Plan Update Advisory Committee Charter,
Attachment A attached hereto, is approved.
June 14, 2022 Item #8 Page 4 of 12
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of June, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
� � FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
June 14, 2022 Item #8 Page 5 of 12
Attachment A
City of Carlsbad
Growth Management Plan Update Advisory Committee Charter
Mission Statement and Principles of Participation
September 28, 2021
Mission Statement
The mission of the Growth Management Plan Update Advisory Committee is to promote
balanced consideration of a range of perspectives on issues affecting the future growth and
quality of life in Carlsbad and to identify the key elements of a new plan to manage growth in
Carlsbad in a way that maintains an excellent quality of life while also complying with state law.
Principles of Participation
Role of Growth Management Plan Update Advisory Committee Members
To achieve the mission of the Growth Management Plan Update Advisory Committee, the City
Council is asking members to:
• Become familiar with the issues that affect future growth and quality of life in Carlsbad
• Attend periodic meetings over a period of time (approximately 1 year)
• Listen to and respect diversity in perspectives, facts and opinions
• Provide constructive feedback to city staff and consultants on process and draft work
products
• In decision-making, balance individual and group stakeholder goals with the larger
public interest and legal requirements
• Work collaboratively with other committee members in reaching decisions and making
recommendations to the City Council
• Encourage community participation at committee meetings
Representation
The committee will be comprised of a total of 19 primary members and 19 alternate members
as follows:
• Two members (one primary and one alternate) from each of the following city boards
and commissions:
June 14, 2022 Item #8 Page 6 of 12
Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation
Page 2
o Arts Commission
o Beach Preservation Commission
o Historic Preservation Commission
o Housing Commission
o Library Board
o Parks and Recreation Commission
o Planning Commission
o Senior Commission
o Traffic and Mobility Commission
• Four residents (two primary and two alternate) from each City Council district:
o District 1
o District 2
o District 3
o District 4
• Four at-large residents (two primary and two alternates)
Each respective commission/board will nominate two commissioners/members (one primary
and one alternate) to serve as members of the committee. Once each commission/board
nominates each member, staff will report to the City Council the nominations with a brief
biography. Then, over a period of 30 days; the Mayor will consider and confirm the
recommended nominations and will recommend four at-large residents (two primary and two
alternates), and each council member will recommend four residents (two primary and two
alternate) from the council member’s district to serve on the committee. The full City Council
will make the final decision on all commission/board and district representative
recommendations. From the appointed primary committee members, the Mayor will designate
a Chair and Vice-chair.
Discussion Process
During committee meetings, committee members agree to abide by the following discussion
process:
• The committee will establish ground rules about how members should conduct
themselves during meetings
• The preferred decision-making process is collaborative problem-solving
• Consensus of the committee will take precedence over individual preferences
• In cases of non-consensus, the Chair may call for majority vote of the committee;
however, alternative perspectives will be documented
June 14, 2022 Item #8 Page 7 of 12
Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation
Page 3
•City staff will be present at all meetings to assist the Chair and committee as-needed
Role of Chair and Vice-chair
The Chair will ensure that committee meetings are conducted fairly and efficiently, that proper
order and mutual respect among all participants is maintained, that there is full participation
during meetings, that all relevant matters are discussed, that all committee members have an
opportunity to participate in committee discussions, and that necessary decisions are made. To
the extent reasonable, the Chair will seek consensus of the committee in decision-making. In
instances where consensus cannot be reached, the Chair may call for majority vote of the
committee following procedures set forth in Carlsbad Municipal Code Chapter 1.20. However,
the Chair will ensure that minority viewpoints are heard and documented.
The Chair will ensure that these Principles of Participation and agreed-upon "ground rules" are
adhered to.
The Chair is responsible for ensuring that members of the public desiring to address the
committee have the opportunity to do so at the appropriate time.
The Chair may speak to members of the media on behalf of the committee, and represent the
committee at public workshops, hearings and other public events as appropriate.
The role of the Vice-chair is to serve as the Chair in his or her absence.
Meeting Schedule
The committee will meet approximately once a month (about 10-12 times).
Meeting Attendance
Full participation of committee members is essential to the effectiveness of the committee, and
members are expected to attend all committee meetings. If a committee member is unable to
attend a meeting, he or she shall notify city staff as soon as possible, and the designated
alternate may attend in his or her place. The alternate is encouraged to actively participate in
the meeting provided that he or she is adequately briefed as to the status of prior discussions
and decisions.
If a committee member that was appointed to represent one of the Boards and Commissions
has a term that concludes prior to the committee completing its work, the member is allowed
to remain on the committee until the work concludes. If a committee member resigns his or
her appointment before the committee’s work has concluded, he or she shall notify the Mayor
and City Council in writing, with copies sent to the City Clerk, City Manager and the Community
June 14, 2022 Item #8 Page 8 of 12
Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation
Page 4
Development Director. The resigning committee members designated alternate shall
automatically become a regular committee member for the remaining duration of the
committee. If the alternate member chooses not to fill the vacancy, at their next scheduled
meeting, the committee will consider whether to recommend that the Mayor and City Council
fill the vacated position.
Meeting Quorum
For meeting purposes, a quorum of the committee is met with eight members in attendance.
Open Meeting Requirements
All committee meetings and committee members are subject to the open meeting
requirements of the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and
access requirements on committee meetings, and places certain limitations on when and how
committee members may communicate with one another. New committee members will be
given a briefing by the City Attorney’s office about the basic requirements of the Brown Act.
Meeting Agendas
Meeting agendas will be prepared by city staff in consultation with the Chairperson or a
majority of the committee, following the procedures of the Brown Act. At the conclusion of
each meeting, the Chair and city staff will summarize the results and identify items that may
need further research or be carried over to the next meeting, preview new business for the
upcoming meeting, and invite committee members to suggest new items for future
meetings. Agendas for future meetings will be established by consensus of the committee with
concurrence of the Chair and city staff.
Members of the public have a right to attend committee meetings and will have an opportunity
to address the committee on any issue under its purview. Agendas will include time for public
comment.
External Communications
The overriding consideration in all communications is to honor and sustain the constructive,
collaborative process of the committee. Committee members are encouraged to communicate
with their constituencies in order to keep them informed of the committee’s mission and
meeting agendas, and to encourage direct participation. Should committee members speak to
the media, members are encouraged to provide accurate, factual information, but are asked to
refrain from engaging in speculation, advocating a position on a specific issue, speaking on
behalf of the committee (except for the Chair or unless authorized by the committee to do so),
or otherwise making public statements that would tend to hamper constructive committee
June 14, 2022 Item #8 Page 9 of 12
Growth Management Plan Update Advisory Committee Charter Mission Statement and Principles of Participation
Page 5
discussions. Committee members are asked to notify city staff of any media contact related to
the committee and its work. City staff will be available to assist in any communications to the
media, if desired.
Information Sharing
In order to ensure all committee members have the same information available to them, all
documents will be distributed through city staff. If a member has information he or she would
like to share with other committee members, the information should be given to staff for
distribution to the entire committee. Maintaining this flow of information will facilitate a
respectful, collaborative process, and help avoid unintended violations of open meeting laws
(e.g., serial meetings).
Work Products
The committee will be responsible for reviewing work product and providing feedback to staff
and consultants. The committee is expected to focus on input, review, and “buy-in” to carry
out the committee’s mission, rather than deliberating on precise details. The committee’s work
will conclude with a committee-supported report recommending to the City Council what
should be included (key elements) in a new plan to manage growth and achieve an excellent
quality of life while ensuring compliance with state law. The City Council will consider the
committee’s recommendations and direct the next steps to create a new growth management
plan.
June 14, 2022 Item #8 Page 10 of 12
From:Fred Briggs
To:Council Internet Email; Council Internet Email; Matthew Hall; Keith Blackburn; Peder Norby; Priya Bhat-Patel;Teresa Acosta
Cc:Fred Briggs III; City Clerk; Manager Internet Email; Michael Tully; Stark, Lisa; Kathleen Steindlberger; Larson
Subject:Removal from Growth Management Committee?
Date:Tuesday, May 31, 2022 11:40:13 AM
Mayor Hall and City Council Members -
I recently overheard that I am being removed from the Growth Management Committee.
Apparently there is a Catch-22 to participation on the Growth Management Committee.The sudden revelation comes as a surprise to me. While it is true that I term out in June after serving eight years onthe BeachPreservation Commission, I had assumed that appointment to the Growth Management Committee was independentand for theduration of that committee's activities. After having already completed three months of group preparatory effort, Istrongly desire tocontinue with that appointment.
The City Clerk’s Office sent the following rationale to Parks and Recreation today:
A commission member no longer being able to serve due to his term on his board expiring would also be considereda vacancy andwould be handled the same way:
“The resigning committee member’s designated alternate shall automatically become a regular committee memberfor the remainingduration of the committee. If the alternate member chooses not to fill the vacancy, at their next scheduled meeting,the committee willconsider whether to recommend that the Mayor and City Council fill the vacated position.”
I believe this issue was an oversight caused by the misuse of two similar terms: note that the Clerk's rationaleaddresses COMMISSIONactivities while the growth management group is an independent COMMITTEE with no attachment to Parks andRecreation or BeachPreservation COMMISSION responsibilities. Peder Norby's response below makes it plain that there was nointention for myappointment to be other than for the full duration of the COMMITTEE's activities.
In addition, this "gotcha" poses a problem for the functioning of the Growth Management Committee as a whole.Certainly there willother primaries and alternates whose current commission appointments will elapse during the unusually longduration of theCommittee's responsibilities. Unfortunately, there may be a good chance that others will also will time out aftermaking a substantialpersonal investment but prior to completing the Committees' objective.
I would ask that the Council address this discrepancy, clarify the membership appointment(s) and restore myposition on the Growth Growth Management Committee. For over ten years now, I have I have done my best towork closely with the City and the Council byencouraging civic improvements of our beaches and beach front areas. I regard my appointment to this committee asa meaningfulfinal contribution and wish to continue.
Fred Briggs
Exhibit 2
June 14, 2022 Item #8 Page 11 of 12
----- Forwarded Message -----------------------------------------------------------------------------------------------------------------------------From: Peder Norby <pedernorby@gmail.com>To: "briggs_fred@yahoo.com" <briggs_fred@yahoo.com>Cc: Matt Hall <matt.hall@carlsbadca.gov>; Matt Hall <mhall4046@gmail.com>; Peder Norby<peder.norby@carlsbadca.gov>Sent: Friday, May 27, 2022, 02:37:49 PM PDTSubject: Re: Removal from Growth Management Committee?
Argh !No was not aware of your term or this clause.Will speak to the CM.Please let other council members know as well
Sent from my iPhoneNECAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
June 14, 2022 Item #8 Page 12 of 12