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HomeMy WebLinkAbout2020-04-21; City Council; ; COVID-19 Actions and Expenditures ReportCA Review CKM  Meeting Date: April 21, 2020  To: Mayor and City Council  From: Scott Chadwick, City Manager   Staff Contact: Geoff Patnoe, Assistant City Manager  Geoff.Patnoe@carlsbadca.gov or 760‐434‐2820  Subject: COVID‐19 Actions and Expenditures Report  Recommended Action  Receive a report on recent actions and expenditures related to the city’s response to the  COVID‐19 pandemic and provide direction as appropriate.   Executive Summary & Discussion  At the April 7, 2020, City Council meeting, the City Council voted unanimously to direct staff to  return to City Council with financial expenditure reports relating to the city’s response the  COVID‐19 pandemic. The city manager further committed to provide a bi‐weekly update to the  City Council on recent actions and expenditures related to the city’s response to the pandemic.  Staff from the following major service areas will provide a verbal report relating to current  statistics, data, programming and relevant communications:  City Manager Emergency Operations Administrative Services Community Services Public Works Police Fire Economic Revitalization and Recovery Communication & Engagement Fiscal Analysis  None.  Next Steps  Staff will continue to provide the reports bi‐weekly until the end of the emergency.  Environmental Evaluation (CEQA)  Pursuant to 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, and therefore does not require environmental review.  April 21, 2020 Item #7 Page 1 of 2 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 scheduled meeting date.  Exhibits  None.  April 21, 2020 Item #7 Page 2 of 2 April 17, 2020 All Receive -Agenda Item#_!]_ For the Information of the: CITY COUNCIL Date $i__ CA~ CC i...---- CM ~M ~CM (3) ~ Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Jason Haber, Intergovernmental Affairs Director Via: Scott Chadwick, City Manager {city of Carlsbad Re: Additional Materials Related to Staff Report Item No. 7 -COVID-19 Actions and Expenditures Report This memorandum presents two draft advocacy letters for City Council direction as part of the City Manager's Office update on COVID-19 actions. The positions advocated in these letters were discussed and supported by the City Council Legislative Subcommittee at their meeting on April 14. However, the city's Legislative Platform does not provide sufficient authority for staff to submit the attached letters without first obtaining City Council approval, pursuant to City Council Policy No. 39. As such, the attached letters are presented for City Council consideration and direction to staff. Attachment A is a letter proposed to be sent to our district representatives in the California State Assembly and California State Senate, which (a) endorses a March 22 advocacy letter from the League of California Cities to Governor Newsom, and (b) requests state action to provide temporary relief to cities on a variety of operational chailenges during, and for a limited time period after the conclusion of the COVID-19 State of Emergency. Attachment B is a letter proposed to be sent to U.S. Congressman Mike Levin in support of H.R. 6467, the Coronavirus Community Relief Fund Act. If directed by the City Council, staff proposes to send similar letters to U.S. Senators Dianne Feinstein and Kamala Harris. Attachment: A. State Advocacy Letter-COVID-19 B. Federal Advocacy Letter-H.R. 6467, Coronavirus Community Relief Fund Act · cc: Geoff Patnoe, Assistant City Manager Celia Brewer, City Attorney City of Carlsbad -City Manager's Offif e City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 I 760-434-2820 t April 21, 2020 The Honorable California State Assembly/Senate State Capitol, Room __ Sacramento, CA 95814 Dear Assemblymember/Senator _, Attachment A {cityof Carlsbad Given the significant operational and economic impacts of the COVID-19 crisis, the City of Carlsbad strongly supports the sentiments expressed in the attached March 22 letter from the League of California Cities to Governor Newsom "seeking immediate action to pause certain statutory requirements, so that cities can devote the resources necessary to protect the health and safety of all Californians." In addition, the City of Carlsbad respectfully request that the state take the following actions to provide additional temporary relief to cities during, and for a limited time period after the conclusion of the COVID-19 State of Emergency: Permitting Time lines Extend or suspend deadlines for processing all discretionary city-issued permits. Affordable Housing Extend project readiness deadlines on all Tax Credit Allocation projects and expedite disbursement of relief funds and formula allocations for low income housing. Vehicle Miles Traveled Criteria Delay required implementation of vehicle miles traveled criteria (VMT) for determining transportation impacts. S82 Grants Extend the submittal and completion dates for SB2 planning grants and issue regulatory waivers to expedite the disbursement of Permanent Local Housing Allocation grant funds to entitlement jurisdictions, allowing cities and counties to follow up later with formal applications and five-year plans for the use of money as required. Cal Recycle -Solid Waste Management Issue waivers on meeting state waste diversion mandates for recycling & organics and extend the deadlines for the submission of annual reports to Cal Recycle. City of Carlsbad City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t CEQA Exemptions Develop CEQA exemption for a) COVID-19 recovery related activities and programs and b) to allow local jurisdictions to administratively extend approved discretionary permits (i.e., CDPs, CUPs). Support for Federal Relief The city also requests that the state support local efforts to encourage federal action on the following items: 1. H.R. 6467, the Coronavirus Community Relief Act (to provide $250B to cities and counties with populations of less than 500,000); and 2. Legislation to make state and local governments eligible for emergency paid leave payroll tax credits. These actions would provide a great deal of relief for cities throughout California as we adjust to meet the operational challenges associated with the ongoing State of Emergency. Your dedicated leadership and advocacy on behalf of the City of Carlsbad is greatly appreciated. Sincerely, Matt Hall Mayor cc: Members of the Carlsbad City Council City of Carlsbad City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t 2019-2020 LEAGUE OFFICERS President John F. Dunbar Mayor, Yountville First Vice President Cheryl Viegas Walker Council Member, El Centro Second Vice President Cindy Silva Council Member, Walnut Creek Immediate Past President Janet Arbuckle Council Member, Gross Valley Executive Director Carolyn M . Coleman March 22, 2020 The Honorable Gavin Newsom Governor, State of California State Capitol Building Sacramento, CA 95814 Dear Governor Newsom: Thank you for your leadership and partnership during this unprecedented public health crisis. The League of California Cities appreciates the open lines of communication with your Administration and the combined effort to address needs in real time. With our cities on the front lines of responding to this crisis, while continuing to deliver essential services, it is critical that we continue to work together as new issues and concerns arise. We know you share our intent to make the best decisions we can to protect our communities. City resources and personnel are stretched thin, as they navigate the response necessary to contain the COVID-19 outbreak while complying with the requirements for social distancing and self-quarantining. Many city employees who would normally assist in ensuring that cities comply with certain statutory requirements have been pulled from their regular assignments to work on emergency response efforts. In light of this, the League of California Cities respectfully requests that you take immediate action to pause certain statutory requirements, so that cities can devote the resources necessary to protect the health and safety of all Californians. Specifically, we request the following relief during the period that began on March 4, 2020 with the issuance of your Proclamation of a State of Emergency as a result of threat ofCOVID-19 ("State of Emergency"): Review and Approval of Development Proiects o Existing law requires completion ofreview and decisions on development applications within strict time limits. Failure by a city to approve or disapprove a development project within those time limits may result in the project being "deemed" approved. • Relief Requested: Extend the deadlines in the Permit Streamlining Act (Gov. Code§ 65920 et seq.), Housing Accountability Act (Gov. Code§ 65589.5), Subdivision Map Act (Gov. Code§ 66410 et seq.), and Government Code section 65852.2, relating to Accessory Dwelling Units, by 120 days from when the deadline would otherwise expire if the 1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.cacities.org I (916) 658-8200 deadline would have expired during the State of Emergency or the application is submitted during the State of Emergency. Housing Elements o Existing law requires cities to review their Housing Elements "as :frequently as appropriate" in order to evaluate progress made and any changing conditions affecting its housing needs, and to report on the status and progress of implementing the Housing Element annually. Depending on jurisdiction and other factors, a minimum four-year, five-year, or eight-year revision cycle applies. The housing elements in several regions will be due in the next year or two (upcoming deadlines can be found at the following link: https://www.hcd.ca.gov/community-development/housing-element/docs/6th- web-he-revised-duedate.pdf. Although some of these deadlines seem far off, there are many things that have to be done prior to submitting a Housing Element to the Department of Housing and Community Development (HCD), including the solicitation of robust public input (statutory community meetings, California Environmental Quality Act scoping meetings, etc.). Further, in developing their housing elements, cities benefit from technical assistance from HCD and are required to plan for their share of the regional housing need developed by councils of governments. Orders to self-isolate, closure of government facilities, and closure of many businesses will make it virtually impossible to engage the community in the manner required by this mandate. Moreover, many cities are preparing comprehensive General Plans, in addition to their mandatory Housing Elements, to ensure that their General Plans are internally consistent. Because of the necessary measures cities must take during this public health emergency, cities will not be able to devote the time and attention necessary for adoption of a community-supported Housing Element in a timely manner. ■ Requested Relief: Extend the dates by which cities must submit their Housing Elements to HCD by six months if they are required to submit their Housing Elements in 2020 or 2021. Extend the requirement in Government Code section 65400 that cities submit an annual report on the status and progress to HCD before April 1, 2020 by 120 days to July 30, 2020. Housing and Community Development {HCD) Grant Programs o Existing law authorizes HCD to administer programs that provide grants and loans (from both state and federal housing programs) that create rental and homeownership opportunities. Without these programs cities have fewer resources to ensure all Californians, including veterans, seniors, people with disabilities, farmworkers, and individuals and families who are experiencing homelessness, have access to housing. ■ Requested Relief: Direct HCD to extend the application deadlines for all HCD grant programs that would otherwise expire during the State of 1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.cacities.org I (916) 658-8200 ll~~F~12~~ ~CITIES Emergency to 120 days after the Governor terminates the State of Emergency. California Environmental Quality Act o Existing law establishes certain deadlines that lead agencies must comply with to determine the environmental impact of proposed projects. • Relief Requested: Direct the Governor's Office of Planning and Research to adopt guidelines extending lead agency deadlines established pursuant to the California Environmental Quality Act by 120 days from when the deadline would otherwise expire if the deadline would have expired during the State of Emergency, including but not limited to: • Public Resources Code Section 21000 et seq., which sets forth the requirements of environmental review of projects and establishes publication and public comment periods, as that section applies to applications deemed complete prior to the declaration of the State of Emergency; • CEQA guidelines section 15102, which provides 30 days to determine whether an EIR or Negative Declaration will be required; • CEQA guidelines section 15103, which provides a 30 day window within which an agency must review and comment on a notice of preparation; • CEQA Guidelines section 15104, which requires that a meeting requested by a project applicant be convened within 30 days of the request; • CEQA guidelines section 15105, which establishes the public agency review period for a draft environmental impact report or negative declaration; • CEQA guidelines section 15107, which provides that a negative declaration for a private project must be completed within 180 days of the application being deemed complete. • CEQA guidelines section 15108, which provides that an environmental impact report for a private project must be completed within one year of the application being deemed complete. Transportation Funding o In order for cities to obtain SB 1 (Beall, Statutes of 2017) road maintenance and rehabilitation account funds, existing law requires cities to maintain their existing commitment of local funds for street, road, and highway purposes. The amount of this commitment is calculated pursuant to Streets & Highways Code section 2036. lh addition, cities are required to develop a list of projects they propose to be 1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.cacities.org I (916) 658-8200 LEAGUE OF CALIFORNIA CITIES funded with SB 1 funds by May 1 of each year. If a city does not submit the list of projects within 90 days of the May 1 deadline, the city forfeits the funding. • Requested Relief: Reduce the requirement in California Streets and Highways Code section 2036(b) that cities expend a certain amount of general fund revenue for street, road, and highway purposes by 25 percent to account for the reduction in spending during the fourth quarter of the fiscal year, as a result of the State of Emergency. Extend the deadline to submit a list of projects established by the California Transportation Commission pursuant to California Streets and Highways Code section 2034 in its "Local Streets and Roads Funding Program 2019 Reporting Guidelines" (August, 2018) by 120 days to August 29, 2020. Public Records Act o Existing law requires an agency to respond to a request for a public record within 10 days ofreceiving the request. Under "unusual circumstances" (as defined), an agency may extend the period for responding by up to 14 days. "Unusual circumstances" does not include a public health emergency, such as the State of Emergency. Some cities may be able to continue to comply with the current statutory deadlines. Other cities will not, due to factors such as limited staffing or IT capability. • Relief Requested: State that the phrase "unusual circumstances" found in Section 6253(c) includes the State of Emergency. Suspend the provision of Government Code 6253(c) that limits the extension to respond to 14 days for all Public Records Act requests other than those for records created during, and relating to, the State of Emergency. Political Reform Act -Form 700 o Existing law requires certain local elected officials and employees to submit a Statement of Economic Interest, also known as Form 700, by April 1 of each year. Failure to timely file Form 700 results in the imposition of fines in the amount of $10 per day up to $100. • Relief Requested: Direct the Fair Political Practices Commission (1) not to impose fines under Government Code section 91013 for failure to timely file Form 700s by April 1, 2020; and (2) to establish a new filing deadline after the Governor terminates the State of Emergency. California Government Claims Act o Existing law requires cities to provide certain notices to claimants who submit a Government Claims Act claim within very short deadlines, ranging from 20 to 45 days. If the city does not provide such notices within the deadlines, the city may lose certain defenses and may be subject to longer statutes of limitations. The Governor's Executive Order N-35-20 appears to offer some relaxation of these requirements, including the time within which the State must act upon claims. 1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.cacities.org I (916) 658-8200 However, there are some remaining ambiguities, including the time within which local agencies must act upon claims. • Relief Requested: Toll the requirements that local agencies provide notice to Government Claims Act claimants-including but not limited to those under Government Code sections 910.8, 911.3 , 911.6, 912.4, and 915.2- until 20 to 45 days after the Governor terminates the State of Emergency, if either the deadline to provide notice would have expired during the State of Emergency or the claim is submitted during the State of Emergency. Solar Permits o Existing law provides that an application for approval of a solar installation will be deemed approved in the absence of a written denial within 45 days. • Requested Relief: Extend the deadline in Civil Code section 714(e)(2)(B) by 120 days to 165 days if the deadline would have expired during the State of Emergency or the application is submitted during the State of Emergency. Wireless Telecommunication Facilities: o Existing law provides that a collocation or siting application for wireless telecommunications facility shall be deemed approved if certain requirements are met, including that a city or county fails to approve or disapprove the application within a "reasonable period of time." • Requested Relief: Suspend application of Government Code section 65964.1 until the Governor terminates the State of Emergency. Financial Reports o Existing law provides that cities must submit to the State Controller information on annual compensation for the previous calendar year no later than April 30. • Requested Relief: Extend the deadline in Government Code section 53891 for submitting compensation information to the State Controller by 120 days to August 28, 2020. Police Department Registration o Existing law requires sex offenders to register with the police department within five days of moving into or changing their address, or 30 days if the individual is without housing. Existing law also requires arson offenders to register with the police department within 14 days of moving into or changing their address in a jurisdiction. These registrations require in-person fingerprinting, photographs, and signing of documents. Fingerprinting is problematic at this time, in light of the social distancing recommendations, as it requires person to person contact (police department employees must hold the registrants hand in place to scan). • Requested Relief: Toll the deadlines for fingerprinting in penal code sections 290 (sex offenders) and 457.1 (arson offenders) until the Governor terminates the State of Emergency. 1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.cacities.org I (916) 658-8200 Thank you again for your leadership and partnership during these uncertain times. I appreciate your consideration of these urgent requests. If you have questions or would like to further discuss, please do not hesitate to contact me at (916) 658-8200. Sincerely, Carolyn M. Coleman Executive Director 1400 K Street, Suite 400, Sacramento, CA 95814-3916 I www.cacities.org I (916) 658-8200 April 21, 2020 The Honorable Mike Levin United States House of Representatives 1626 Longworth HOB Washington, DC 20515 Dear Congressman Levin, Attachment B ( City of Carlsbad The City of Carlsbad supports H.R. 6467, the Coronavirus Community Relief Fund Act, and we greatly appreciate your decision to cosponsor this important legislation. H.R. 6467 would provide $250 billion to cities of fewer than 500,000 people; helping to alleviate the impact of lost revenues and unexpected costs incurred in response to the COVID-19 public health emergency. This bill helps address the limitations of the stimulus package signed by President Trump last month, which authorized $150 billion in payments to states and large cities. Unfortunately, that funding is not available for local governments to close budget gaps; only to cover the costs for coronavirus-related expenses. Furthermore, smaUer cities such as Carlsbad, are not eligible to receive direct funding under the adopted formula for allocating relief. Thank you for your diligent work to advance this legislation, which provides much-needed support to smaller cities in our collective effort to manage this crisis and mitigate its effects on our communities. The City of Carlsbad would be happy to offer testimony or any other manner of support to help ensure the passage of H.R 6467 in the 116th Congress. Sincerely, Matt Hall Mayor City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t April 21, 2020 To: From: Via: All Receive -Agenda Item#~ For the Information of the: CITY COUNCIL .,/ Date *CA \.(c:c_ CM_ ACM_ DCM (3) Council Memorandum {city of Carlsbad Re: Honorable Mayor Hall and Members of the City Council Laura Rocha, Deputy City Manager, A~-istrative Services Geoff Patnoe, Assistant City Manage Additional Materials Related to Sta ort Item No. 7 -COVID-19 Actions and Expenditures Report This memorandum provides a breakdown of the costs of the city's extensive emergency response efforts by department and type of cost as of April 17, 2020. These expenses are being tracked to understand the financial impact of COVID-19 on the city and to request state and the federal government reimbursement for eligible expenses. The next update will be provided on May 5, 2020. Description of Purchase Expenditures Committed Department G:.!J Item or Service Order Amount to Date Funds l:!=l Remaining B City Manager CJea_i:i~~g supplies 15 15 ------• 8 Co'!'m1:1nication & Engagement Public notification 44,110 35,434 79,544 ·~---?. i gi:i_? ge -~,046 3,046 B Community Development Cleaning supplies 411 411 . B Environmental Management Cleaning supplies 5 5 IT equipment 118 118 B Facilities Cle~_ni!!g services 189,000 189,000 Cleani~.li supplies 13,346 21,035 34,381 M_e_~ls and meal s_upplies 205 205 Public notification 26 I 26 ~-~---- Signage 303 303 8 Fire Clean in~.?ervices 14,400 ' 14,400 Cleani~ supplies 1,515 1,515 · Me~ls ~nd meal supplies 18,245 18,245 Pro!_ective gear 11,544 11,544 8 Fleet Cleani~~ S_LJ_~plies 129 129 8 HR Cleani!_'lg supplies 655 , 655 ·-. Protective gear 190 190 a Information Technology IT equipment 73,526 88,876 162,402 Administrative Services Branch 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2415 Honorable Mayor Hall and Members of the City Council April 21, 2020 Page 2 Department Description of G:.!.J Item or Service Purchase Expenditures Committed Order Amount l:!J Remaining 8 Parks & Recreation ---Cleaning suep_lie_s __ Meals ~nd meal supplies Other ____________ Sig_!lage 8 Police Cleaning services Cleaning supplies ____________ Pro~E:_C!ive gear B Sala~i!!s and wages ------------ Overtime Parttime salaries Salaries _8_T_r_a_ns~p_o_rt_a_ti_o_n ______ Pr<?!ectivE:_ gea_!: _ a Utilities Cleaning supplies IT equipment Grand Total Methodology -------__ 3,584 __ ~ 112,982 436,960 to Date Funds 5,031 8,615 --14~991-r--------·- 127,974 I 1,341 ! 1,341 10,992 i 10,992 1 3,300 3,300 2,337 2,337 7,175 i 7,175 116,754 I 116,754 45,070 I . 45,07() I 1,034,359 1,034,35~ 214 214 295 295 65 65 1,437,664 1,874,624 The amounts above were compiled using data from the city's accounting system and inputs, estimates and data, from department management analysts. Definitions -Cleaning supplies include disinfecting wipes, hand sanitizers, etc.; -Meals and meal supplies consist of senior meal program and meals at EOC; -Protective gear includes, masks, gloves and other protective wear; -IT equipment includes laptops, earbuds, adapters, etc.; -Salaries and wages represent staff hours worked on COVID-19 activities. Funding received On April 17, 2020 Carlsbad received $50,344 from the CARES Act Provider Relief Fund. The payment was automatic for hospitals and other healthcare providers on the front lines of the coronavirus response, including the city's first responders. The distributed amount is based on the city's share of 2019 Medicare fee for service reimbursements that the city receives for ambulance bills. The funding received will offset future COVID-19 reimbursement claims. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney