Loading...
HomeMy WebLinkAbout2017-06-27; City Council; ; Introduce an ordinance for adoption to authorize Carlsbad Police Rangers to issue Notices to Appear for misdemeanor violations and infractions of the Carlsbad Municipal Code and the animal control provisions of the San Diego CoCA Review 1.,JC.. 9 CIT Y COUNC IL Staff Report Meeting Date: To: From: Staff Contact: Subject: 6/27/17 Mayor and City Council v Kevin Crawford, City Manage~,._. Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov or 760-931-2170 Introduce an ordinance for adoption to authorize Carlsbad Police Rangers to issue Notices to Appear for misdemeanor violations and infractions of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code. Recommended Action Introduce an ordinance to authorize Carlsbad Police Rangers to issue Notices to Appear for misdemeanor and infraction violations of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code, as adopted by section 7.08.010, subd. B of the Carlsbad Municipal Code. Executive Summary On May 16, 2017, Council adopted Resolution No. 2017-085 approving a one-year pilot program that established two provisional Police Ranger positions beginning July 1, 2017 to help patrol the open space in the city, including the preserves, trails, lagoons, beaches, and parks. Pursuant to Penal Code section 836.5, the police department requests the Council to introduce an ordinance for adoption that will authorize the Police Rangers to issue Notices to Appear for both misdemeanor and infraction violations of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code. Discussion On May 16, 2017, Council adopted Resolution No. 2017-085 approving a one-year pilot program that established two provisional Police Ranger positions beginning July 1, 2017. The basic functions of the Police Rangers are a variety of paraprofessional and technical duties in support of police functions in the Field Operations Division of the Police Department including but not limited to performing patrols and monitoring of open space preserves, beaches, lagoons, parks, and trails, and issuing citations and providing education related to observed violations of law. Police Rangers are expected to serve as a visual law enforcement presence with the intent to prevent or cease illegal acts. However, if a uniform presence does not prevent illegal acts, the Rangers may initiate an enforcement contact. The acceptable levels of enforcement actions, in no escalating order, are as follows: 1. Education-Ranger informs the visitor of their inappropriate action, explains the regulation they are breaking and asks for voluntary compliance. Page 109 2. Verbal Warning-For more serious infractions or for repeat offenders, a verbal warning may be used. This is used to inform the offender that they must refrain from some activity or they are subject to a more formal enforcement action. 3. Written Warning-Ranger requests the offender's identification information and issues a written warning to the violator. 4. Notice to Appear-Ranger requests the offender's identification information and issues a notice to appear to the violator. 5. Call for a Police Officer-If an offender behaves in a threatening manner, if the activity is being done by a group, or any other circumstance makes the Ranger feel in danger, the Ranger should request dispatch to have a police officer handle the situation. The issuance of a written warning or notice to appear are intended to be reserved for situations where verbal warnings and/or education are deemed to be insufficient by the Ranger. As non-sworn, limited Peace Officers, Ranger's authority is limited by state law and city policy. All citations Rangers issue are for infractions or misdemeanors and must be directly observed by the issuing Ranger. Under current City Ordinances, the Police Rangers are limited to issuing citations for infractions. Rangers cannot issue notices to appear for misdemeanor violations. To fully empower the Rangers to perform their intended functions of enforcing all provisions of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code, including allowing Rangers to issue written notices to appear for misdemeanor violations as well as infractions, California Penal Code section 836.5 requires the Council to pass an ordinance authorizing, empowering and giving the Police Rangers the power to arrest for misdemeanor violations, which includes issuing written notices to appear. If this ordinance is adopted, all Police Rangers will be required to complete a Peace Officers Standards and Training (POST) certified Penal Code section 836.5 Power of Arrests course. Accordingly, the Police Department is requesting Council to introduce the requested ordinance. Fiscal Analysis No direct fiscal impact is anticipated as the result of this action. However, the City Attorney's Office and the Police Department may experience an increase in court activities if adjudication becomes necessary. Next Steps If the Council introduces this ordinance, this ordinance will be set for adoption which will authorize Police Rangers to issue Notices to Appear for misdemeanor violations and infractions of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code. Once adopted, the ordinance will take effect 30 days after the date of adoption or as soon thereafter as allowed by law. Environmental Evaluation (CEQA} Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of 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. Page 110 Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance adding section 1.08.030 to the Carlsbad Municipal Code to authorize Carlsbad Police Rangers to issue Notices to Appear for misdemeanor violations and infractions of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code. 2. May 16, 2017, Resolution # 2017-085, approving a one-year pilot program that established two provisional Police Ranger positions beginning July 1, 2017. Page 111 ORDINANCE NO. CS-320 THE INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION 1.08.030 TO THE CARLSBAD MUNICIPAL CODE EXHIBIT 1 WHEREAS, on or about May 17, 2017, the Carlsbad City Council adopted a resolution approving a one-year pilot program establishing two provisional Police Ranger positions. WHEREAS, the provisional Police Ranger program was established to provide additional enforcement services within the open spaces of the City of Carlsbad. WHEREAS, the provisional Police Ranger program is designed to improve the quality of life for residents and visitors to the City of Carlsbad by both educating and arresting, when necessary, persons who violate the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code. WHEREAS, the provisional Police Rangers may not arrest individuals that violate the Carlsbad Municipal Code or the animal control provisions of the San Diego County Code unless and until authorized by ordinance by the Carlsbad City Council. WHEREAS, any individual serving as a Police Ranger is not a peace officer as specified in sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code, and thus, not covered by the Police Officers' Procedural Bill of Rights, Gov. Code sections 3300-3311. THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: Section 1. Pursuant to Penal Code section 836.5, it is the purpose and intent of the Carlsbad City Council in enacting this ordinance to authorize, empower and give the non-exclusive duty to enforce the provisions of the Carlsbad Municipal Code and the animal control provisions of the San Diego County Code, as adopted by section 7.08.010, 1 EXHIBIT 1 subd. 8, of the Carlsbad Municipal Code, throughout the City of Carlsbad to the City of Carlsbad Police Rangers. Section 2. It is also the purpose and intent of the Carlsbad City Council to authorize the City of Carlsbad Police Rangers, pursuant to Penal Code section 836.5, to make arrests without a warrant whenever any City of Carlsbad Police Ranger has reasonable cause to believe that the person to be arrested has, in the presence of the police ranger, violated any misdemeanor or infraction provision of the Carlsbad Municipal Code or the animal control provisions of the San Diego County Code as adopted by section 7.08.010, subd. 8, of the Carlsbad Municipal Code. Section 3. To effectuate the above stated purposes and intentions of the Carlsbad City Council, section 1.08.030 is hereby added to the Carlsbad Municipal Code to read as follows: (a) A City of Carlsbad Police Ranger is authorized, pursuant to Penal Code section 836.5, to arrest any person, without a warrant, whenever a City of Carlsbad Police Ranger has reasonable cause to believe that the person to be arrested has, in the presence of the Police Ranger, committed a misdemeanor or infraction violation of any provision of the Carlsbad Municipal Code or the animal control provisions of the San Diego County Code as adopted by section 7.08.010, subd. 8, of the Carlsbad Municipal Code. (b) The city manager may deputize any City of Carlsbad Police Ranger to exercise the power of arrest described in subdivision (a) of this section if the Police Ranger has satisfactorily completed an introductory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to Penal Code section 832. Nothing in this section authorizes any Police Ranger deputized pursuant to this section to carry a firearm. 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 it to be published at 2 EXHIBIT 1 least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 27th day of June, 2017, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the __ day of _____ , 2017, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (Seal) 3 Q S~~fiR~port M eeting Date: To: From: Staff Contact: Subject: 5/16/17 Mayor and City Council Kevin Crawford, City Manager Cindy Anderson, Senior Management Analyst cindy.anderson@carlsbadca.gov or 760-931-2170 Adopt resolution to approve a one-year pilot program establishing two provisional Police Ranger positions to begin July 1, 2017, authorize the city manager to execute an MOU with SANDAG to accept funding from SAN DAG in the amount of $98,280, and approve the appropriation of an amount not to exceed $65,000 from asset forfeiture funds to purchase a 4x4 vehicle and a mobile data computer to be utilized by the Rangers. Recommended Action Adopt resolution to approve a one-year pilot program establishing two provisional Police Ranger positions to begin July 1, 2017, authorize the City Manager to execute an MOU with SANDAG to accept funding from SANDAG in the amount of $98,280, and approve the appropriation of an amount not to exceed $65,000 from asset forfeiture funds to purchase a 4x4 vehicle and a mobile data computer to be utilized by the Rangers. Executive Summary The Police Department is proposing the establishment of a one-year pilot Ranger patrol program to help patrol the open space in the city, including the preserves, trails, lagoons, beaches, and parks, to begin on July 1, 2017. The Police Department would hire two new provisional employees, classified as Rangers, who would be unarmed and have limited peace officer powers. Funds from asset forfeiture would be appropriated in an amount not to exceed $65,000 to purchase a 4x4 vehicle and mobile data computer for the Rangers to conduct patrols. The San Diego Association of Governments (SAN DAG) has offered the Police Department funding in the amount of $98,280 to be used to offset the costs of the Ranger salaries during the one- year pilot program. Discussion BACKGROUND: On December 6, 2005, City Council voted to accept the City of Carlsbad Open Space Management Plan. Section 3.1.7, Issue# 16 of the Plan (Exhibit 3) identified several enforcement issues present in the open space areas to include off-road vehicles, transient encampments, vandalism, dogs off leash, and illegal dumping. The Plan also mentioned the frequent delay in police response regarding these issues. The Plan recommended the hiring offive Rangers to provide enforcement services. Page 44 Page 115 In 2008, the city formed a multi-departmental team to study safety issues related to the City's preserves and trails system. The team found the following issues consistent throughout their research: • Vandalism; to include damaged and removed signs, graffiti to structures and plants, and damage to fences and gates. • Damage to natural habitat; to include bike riding off trail or in prohibited areas, hiking off trail, and unauthorized usage such aspaintball games. • Animals; to include dogs off leash and failure to clean up after dogs. • Trespassing; to include Box Canyon trespassing. • Enforcement response; police did not respond to minor trail issues or were delayed. SETILEMENT AGREEMENT Per the March 14, 2017 Settlement Agreement related to the General Plan Lawsuit, the city is required to: "within twelve (12) months, the City shall present to the City Council for consideration and, if approved by the City Council, implement a one-year pilot program to employ two provisional park rangers to patrol open space areas. At the end of the pilot program, the City shall evaluate the effectiveness ofthe program and shall make recommendations to the City Council based on the standards and objectives of the Open Space Management Plan." EXAMPLES OF QUALITY OF LIFE ENFORCEMENT ISSUES: Agua Hedionda Lagoon: The Police Department has received feedback from several residents expressing their opinions that they perceive little to no law enforcement activities upon the Agua Hedionda Lagoon. Furthermore, Parks & Recreation staff also have stated the need for more proactive law enforcement patrols upon and around the lagoon to curtail illegal activities. Preserves and Trails: The 2014-2015 Habitat Management Plan annual report (Exhibit 4) documents preserve and enforcement activities within the preserve and trail system. The report identified the following issues: o Transient encampments; located within at least three preserves. • Damage to natural habitat; caused by unauthorized mountain bike activity within at least three preserves. • Animals; to include dogs off leash and failure to clean up after dogs within at least two preserves. • Vandalism; to include graffiti and kiosk damage within one preserve. • Trespassing; primarily within the Box Canyon preserve area. The report documented numerous trespass incidents. With the countywide increase in transient population, it will become ever more important to maintain a consistent, visual law enforcement presence upon the preserves and trails to prevent the establishment of encampments. Parks: The Police Department occasionally responds to calls for service, primarily from people who are attempting to enjoy City parks or from nearby residents. The calls for service frequently Page 45 Page 116 are related to quality of life issues to include presence of transients1 loud parties1 drug usage1 excessive alcohol consumption1 vandalism1 dogs1 and park usage issues. CURRENT ENFORCEMENT ACTIVITIES: Agua Hedionda Lagoon: The Police Department currently has a boat that may be utilized to patrol the lagoon. However1 the staffing of the boat only occurs on holiday weekends with the use of sworn police officers on an overtime basis. Therefore, there is a lack of consistent law enforcement presence upon the lagoon. Furthermore, these holiday patrols of the lagoon and its perimeter have consistently revealed that violations are of a minor nature related to quality of life and nuisance issues. It is expected that these types of violations can regularly be rectified by unarmed, uniformed law enforcement personnel who possess the ability to issue minor offense citations in the event education and prevention fail. Preserves and Trails: The Police Department currently patrols the preserves and trails with the use of our traffic division utilizing police off-road motorcycles. These patrols may occur up to 2- 4 hours a week. These patrols have consistently revealed that observed violations are of a minor nature related to quality of life issues and are frequently addressed through education and voluntary compliance. However, due to the infrequency ofthese patrols the perceived presence ofthe officers has failed to generate compliance with ordinances. Furthermore, the city's Parks & Recreation Department contracts with Center for Natural Lands Management (CNLM) to provide monitoring of the City's preserves. In addition to conducting biological surveys, invasive species removal, wildlife monitoring1 erosion control/trail maintenance, and public education, CNLM provides one employee who patrols for violations of ordinances. This employee has no enforcement authority but provides a visual deterrence. However, if enforcement action is necessary1 this employee must call the police department. Parks & Recreation also contracts with a security company to provide a total of 24 hours of security patrol, weekly, at four of the City's preserves. These patrols are conducted by security employees who have no enforcement authority and who must call the Police Department to affect any enforcement. The CNLM and security company will stay in place and continue to provide patrols to supplement the Ranger program. Parks: City parks receive occasional proactive patrols from police officers. However1 police presence is typically on a call-by-call basis or in response to a request for extra patrol related to a specific incident. Violations observed during these patrols of the parks are typically of a minor nature and do not require an armed police officer. The Parks & Recreation Department provided a list of issues that occur within the parks which the Rangers would be able to assist1 which includes but is not limited to: • Dogs in parks; owners not picking up dog waste • Trespass into posted 'keep ouf areas • Graffiti Page 46 Page 117 "' Vandalism "' Littering/Dumping ® Smoking "' Fireworks e Fires ® Loitering ® Disturbing the peace • Public urination/defecation • Motorized vehicles on pedestrian paths • Golfing • Sign erection/handbill distribution • Un permitted uses (e.g.1 jump houses, slip 'n' slides) • Unpermitted sales (e.g., food concessions, craft fairs) • Operation of radio controlled vehicles/aircraft outside allowable hours/locations RANGER PROPOSAL: The Police Department is proposing the establishment of a one-year pilot Ranger patrol program to begin July 1, 2017. The proposal is for the hiring of two full-time Rangers, as provisional employees for one year. The Rangers would be unarmed1 however they would have limited peace officer powers under state law. The Rangers would be required to undergo a thorough police background investigation to include both a psychological and polygraph examination prior to being hired. The Rangers would be outfitted in a distinct uniform that would clearly differentiate the Ranger from a police officer. The Rangers would be outfitted with a police radio1 marked police ranger vehicle, handcuffs1 OC pepper spray, a Taser1 and a ballistic vest. The Rangers will complete a Peace Officers Standards and Training (POST) certified course that would authorize them to issue citations for minor ordinance violations. The Rangers will also complete a field training program with an experienced police officer and/or community service officer prior to being placed in the field for solo patrol. The Rangers will drive a marked Carlsbad Police truck which will provide off-road capabilities. It is necessary for the Rangers to have a 4x4 patrol vehicle so that they can access the off-road preserve areas when necessary. The Rangers may also patrol the preserves1 trails, lagoon1 and parks on foot1 bicycle, ATV, motorcycle, or boat. The Rangers will be scheduled on a 4/10 schedule with Wednesday as their overlap day. This will provide for seven-day a week coverage. Furthermore1 the Rangers will work under the direct supervision of police sergeants and managed by patrol lieutenants. SANDAG COOPERATIVE EFFORT: The San Diego Association of Governments (SANDAG) has offered the Carlsbad Police Department one-time environmental mitigation program funding in the amount of $98,280 to be used to offset the cost of enforcement patrols within the preserves. This funding would be Page 47 Page 118 applied to the personnel cost of the two Rangers during the initial one-year pilot program and requires law enforcement to provide enforcement patrols within habitat preserve lands. The agreement with SAN DAG will require dedicated patrols of the habitat preserve areas within the city. To ensure that Ranger patrols satisfy the requirements of the SAN DAG agreement, the Rangers will spend a minimum of 50% of their patrol times within the preserve areas. For the purposes of SAN DAG patrols and enforcement, lagoons within the city are considered preserve areas. Patrol and enforcement records will be maintained by the Police _Department to account for Ranger patrol times and locations, and to enable the Police Department to complete quarterly and year-end reports to SAN DAG. During the pilot year, the Rangers will collect data during their patrols, which includes but is not limited to, the number of contacts made, number of citations and warnings given, and number and types of calls for service . At the conclusion of the 9th month of the pilot program, the collected data will be analyzed and evaluated to determine the effectiveness of the Ranger program. A report will be compiled and submitted to City Council with a recommendation on whether or not to continue the program. The recommendation will be made to City Council to determine if the program will be made permanent while the Rangers are still provisional employees. Fiscal Analysis A Ranger would receive a top-step base annual salary of $70,320 with a maximum annual fiscal expense with maximum benefits of $125,637, paid for out of the general fund. For fiscal year 2017 /18, the Police Department is requesting funding for salaries of two Rangers at a maximum top-step and fully benefited annual cost of $235,600, minus $98,280 from the SAN DAG funding, for the one year pilot program. The total cost of uniforms and equipment would be $6,668 per Ranger. This start-up cost would be absorbed within the current Police Department budget. A new 4x4 vehicle and mobile data computer would also be purchased and outfitted for the Rangers. The approximate cost of the outfitted vehicle and a new mobile data computer is approximately $65,000, which will be purchased using asset forfeiture funds. There are enough · funds in asset forfeiture to cover this purchase Near the conclusion of the one year pilot program, while both Rangers are provisional employees, a review of the pilot program will determine if the Ranger program should become permanent. If the program is continued, the Police Department will be requesting funding for salaries of the two Rangers and the ongoing cost of the vehicle and computer replacement funds as part of the normal budgeting process. Next Steps If City Council approves the resolution, the MOU with SAN DAG will be signed by the City Manager and the Police Department will accept payment from SANDAG in the amount of $98,280 on a reimbursable basis. The Police Department will work with Human Resources on hiring two full- Page 48 Page 119 time Police Rangers. The Administrative Services Director will be authorized to appropriate $65,000 from Asset Forfeiture for the Police Department to purchase a 4x4 vehicle and mobile data computer for the Rangers. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of 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 None required. Exhibits 1. Resolution to approve a pilot program establishing two Police Ranger positions, execute an MOU wit h SAN DAG to accept a grant from SANDAG in the amount of $98,280, and approve the appropriation of an amount not to exceed $65,000 from asset forfeiture t o purchase a 4x4 vehicle and mobile data computer. 2. Memorandum of Understanding between SANDAG and the City of Carlsbad Police Department, Agreement No. 5004937. 3. 2005 Open Space Management Plan (on file in the City Clerk's Office) 4. 2014-2015 Habitat Management Plan annual report (on file in the City Clerk's Office) Page 49 Page 120 RESOLUTION NO. 2017-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A RESOLUTION TO APPROVE A PILOT PROGRAM ESTABLISHING TWO POLICE RANGER POSITIONS, AUTHORIZE THE CITY MANAGER TO EXECUTE AN MOU WITH SAN DAG TO ACCEPT A GRANT FROM SAN DAG IN THE AMOUNT OF $98,280, AND APPROVE THE APPROPRIATION OF AN AMOUNT NOT TO EXCEED $65,000 FROM ASSET FORFEITURE TO PURCHASE A RANGER VEHICLE AND COMPUTER. EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that in 2005, City Council voted to accept the City of Carlsbad Open Space Management Plan; and WHEREAS, the police department is proposing two Ranger positions to patrol the preserves, trails, lagoons, beaches, and parks for a one year pilot program; and WHEREAS, the salary of a Ranger position would be $68,267 with a maximum annual fiscal expense with maximum benefits of $117,800; and WHEREAS, the total cost of uniforms and equipment would be $6,668 per Ranger and would be absorbed in the police department's budget; and WHEREAS, the total cost of a 4 x 4 vehicle and computer terminal for the Rangers' use would be $65,000 and would be purchased using appropriated asset forfeiture funds; and WHEREAS, an MOU between SANDAG and the City of Carlsbad Police Department authorizes the city to accept $98,280 from SAN DAG to offset the cost of the pilot program. 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 City of Carlsbad will establish two new Ranger positions for one pilot year program. 3. The City of Carlsbad Police Department will receive $98,280 from SAN DAG to offset the cost of the pilot program. 4. That the Administrative Services director is authorized to appropriate $65,000 in asset forfeiture funds to purchase a vehicle and computer and transfer personnel costs for the remainder of Fiscal Year 2016/17 in an amount not to exceed $40,000 from the City Council contingency account to the police department's operating budget. Page 121 EXHIBIT 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of May, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. Page 122