HomeMy WebLinkAbout2022-05-10; City Council; MinutesMay 10, 2022 Carlsbad City Council Regular Meeting Page 2
Tyrone Brown expressed his concerns with racism.
Suzanne Hume expressed her concerns with air pollution and plastic pesticides.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 5. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF MARCH 31, 2022 -Accept and file Report on City
Investments as of March 31, 2022. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services Department}
2. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF MICHAEL CALDERWOOD FOR
$56,260 -Adoption of Resolution No. 2022-101 authorizing settlement of the Workers'
Compensation claim of Michael Calderwood. (Staff contact: Sarah Reiswig and Judy von
Kalinowski, Administrative Services Department}
Glen Bernard shared information on a news article about City of San Diego Workers'
Compensation history.
3. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF KEVIN NOLAN FOR $62,350 -
Adoption of Resolution No. 2022-102 authorizing settlement of the Workers' Compensation
claim of Kevin Nolan. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative
Services Department}
4. ADDITIONAL APPROPRIATION FOR CITY FLEET FUEL EXPENSES -Adoption of Resolution No.
2022-103 authorizing an appropriation of $100,000 from the Fleet Maintenance Fund to the
Fleet Maintenance Operations budget for projected city fleet fuel expenses. (Staff contact:
Bradley Northup, Public Works}
5. SOLICIT PROPOSALS FOR USE OF AGRICULTURAL CONVERSION MITIGATION FEES-Adoption
of Resolution No. 2022-104 authorizing the Agricultural Conversion Mitigation Fee Ad Hoc
Citizens Advisory Committee to solicit proposals for available funding from the Agricultural
Conversion Fee Fund, evaluate proposals and bring forward recommendations to the City
Council for funding consideration. (Staff contact: Nancy Melander, Housing & Homeless
Services)
ORDINANCES FOR INTRODUCTION:
6. REDUCTION OF USE OF SINGLE-USE PLASTIC BOTTLES AND BAGS AND PROHIBIT THE
INTENTIONAL RELEASE OF BALLOONS IN THE CITY OF CARLSBAD -1} Introduction of
Ordinance No. CS-423 amending Title 6 of the Carlsbad Municipal Code to add Chapter 6.22
-Plastic Bottled Beverage Reduction; and
May 10, 2022 Carlsbad City Council Regular Meeting Page 3
2) Introduction of Ordinance No. CS-424 amending Title 6 of the Carlsbad Municipal Code to
add Chapter 6.24 -Plastic Bag Ban; and
3) Introduction of Ordinance No. CS-425 amending Title 6 of the Carlsbad Municipal Code to
add Chapter 6.26 -Intentional Release of Balloons Prohibition. {Staff contact: James Wood,
Public Works)
City Manager's Recommendation: Introduce the ordinances.
Environmental Management Director Jamie Wood and Assistant City Attorney Robby
Contreras presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Glen Bernard expressed support for Ordinance No. CS-425 but expressed concerns with
Ordinance No. CS-424 regarding the sanitation of personal reusable bags in grocery stores.
Janis Jones expressed her support for the ordinances.
Gabriel Bartoli expressed his support for the ordinances.
Tayo Lazootin expressed her support for the ordinances.
Nyle Connolly expressed his support for the ordinances.
Tamara Dixon expressed concerns with homelessness and trash in the community.
Mitch Silverstein expressed his support for the ordinances.
In response to an inquiry from Mayor Pro Tern Blackburn, Environmental Management
Director Jamie Wood explained that the Ordinance No. CS-423 is designed to mirror existing
California state law. Assistant City Attorney Contreras further explained that reusable bags
and recyclable paper bags would not incur a fee under this ordinance.
In response to an inquiry from Mayor Hall, Environmental Management Director Jamie Wood
explained that the Public Resources Code defines marine-degradable as biodegradable under
marine environment conditions in less than 120 days.
In response to an inquiry from Mayor Hall, Environmental Management Director Jamie Wood
explained that plastic bags often used for produce are usually considered biodegradable,
however bags that are purchased to transport other grocery items such as milk are usually
considered reusable and not biodegradable.
City Attorney Celia Brewer titled Ordinance No. CS-423.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-423. Motion carried unanimously, 5/0.
May 10, 2022 Carlsbad City Council Regular Meeting Page 4
City Attorney Brewer titled Ordinance No. CS-424.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-424. Motion carried unanimously, 5/0.
City Attorney Brewer titled Ordinance No. CS-425.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-425. Motion carried unanimously, 5/0.
Mayor Hall declared a recess at 6:06 p.m.
Mayor Hall reconvened the meeting at 6:11 p.m.
ORDINANCES FOR ADOPTION:
7. ORDINANCE NO. CS-421-MILITARY EQUIPMENT USE POLICY -Adoption of Ordinance No.
CS-421 adopting the Carlsbad Police Department's Military Equipment Use Policy. {Staff
contact: Faviola Medina, City Clerk's Department)
City Manager's Recommendation: Adopt Ordinance No. CS-421.
City Attorney Brewer titled Ordinance No. CS-421.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-421. Motion carried unanimously, 5/0.
8. ORDINANCE NO. CS-422 -HOUSING ELEMENT PROGRAMS -Adoption of Ordinance No. CS-
422 adopting amendments to the Carlsbad Municipal Code Title 18 (Building Code) and Title
21 (Zoning Ordinance) implementing certain housing programs required under the 2021-
2029 Housing Element. (Staff contact: Faviola Medina, City Clerk's Department)
City Manager's Recommendation: Adopt Ordinance No. CS-422.
City Attorney Brewer titled Ordinance No. CS-422.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-422. Motion carried unanimously, 5/0.
PUBLIC HEARINGS:
9. FISCAL YEAR 2022-23 ANNUAL ACTION PLAN FOR THE CITY OF CARLSBAD'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM -Adoption of Resolution No. 2022-105 approving
the Fiscal Year 2022-23 Annual Action Plan and authorizing submission to the U.S.
Department of Housing and Urban Development. (Staff contact: Nancy Melander, Housing
& Homeless Services)
May 10, 2022 Carlsbad City Council Regular Meeting Page 5
City Manager's Recommendation: Take public input, close the public hearing, and adopt the
resolution.
Senior Program Manager Nancy Melander and Housing and Homeless Services Director
Mandy Mills presented the report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 6:17 p.m.
Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:17
p.m.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-105. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AGREEMENT WITH VIGILANT SOLUTIONS FOR THE REPLACEMENT OF THE EXISTING LICENSE
PLATE READERS AND CONSIDERATION OF EXPANDING THE PROGRAM -1) Adoption of a
resolution approving and appropriating funding for an agreement with Vigilant Solutions for
the replacement of existing license plate readers in an amount not to exceed $1,099,240 and
appropriating up to $200,000 for installation; or
2) Adoption of Resolution No. 2022-106 approving and appropriating funding for an
agreement with Vigilant Solutions for the replacement of existing license plate readers and
expansion of the license plate reader program in an amount not to exceed $1,469,374. (Staff
contact: Cindy Anderson, Police)
City Manager's Recommendation: Adopt a resolution.
Police Captain Bryan Hargett and Police Lieutenant Jeff Smith presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Vicky Sayage expressed her concerns with allocating money from the General Fund to
purchase new license plate readers.
In response to an inquiry from Mayor Pro Tern Blackburn, Police Captain Hargett explained
that there would be a benefit to data collection by adding additional cars equipped with the
license plate readers.
In response to an inquiry from Mayor Pro Tern Blackburn, Police Lieutenant Smith confirmed
that there is a high volume of calls from residents reporting crime at hotels within the city
and those calls often lead to arrests.
In response to an inquiry from Council Member Bhat-Patel, Senior Management Analyst
Cindy Anderson explained that the funding for the agreement would be taken from the
General Fund.
May 10, 2022 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Council Member Bhat-Patel, Police Captain Hargett explained
that license plate readers are used as a tool in nearly all investigations within the Police
Department.
In response to an inquiry from Council Member Acosta, Police Lieutenant Smith explained
that the license plate readers capture around six million photos per month.
In response to an inquiry from Council Member Acosta, Police Captain Hargett explained that
fixed locations of license plate readers were determined based off crime trends and growth
through north county.
In response to an inquiry from Council Member Acosta, Police Lieutenant Smith explained
that monthly audits are performed by the police administrative lieutenant, they are then
forwarded to a captain for review and then kept on record in the police department. He
further explained that biannual audits randomly select 10 inquires that have been completed
in the last six months, verify the case legitimacy, forwarded to a captain for review and kept
on record in the Police Department.
In response to an inquiry from Council Member Acosta, Police Captain Hargett explained that
the cameras included in the expansion would capture travel in opposite directions as the
current cameras.
In response to an inquiry from Council Member Acosta, Police Captain Hargett explained that
currently the cameras are replaced every five years.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-106. Motion carried 4/1 {Acosta -No).
Minute Motion by Mayor Pro Tern Blackburn, seconded by Mayor Hall directing staff to bring
back information to be able to equip two additional patrol cars with license plate readers -
4/1 (Acosta -No).
11. AGREEMENT FOR A REPLACEMENT COMPUTER-AIDED DISPATCH SYSTEM WITH THE OPTION
FOR AN IN-CAR VIDEO SYSTEM -1) Adoption of a resolution authorizing the City Manager to
execute an agreement with Motorola Solutions, including related addenda and ordering
documents, for a replacement computer-a ided dispatch system in an amount not to exceed
$1,856,620; or
2) Adoption of Resolution No. 2022-107 authorizing the City Manager to execute an
agreement with Motorola Solutions, including related addenda and ordering documents, for
a replacement computer-aided dispatch system and an optional in-car video syst em for 60
vehicles in an amount not to exceed $2,735,053. (Staff contact: Javier Ruiz and Christie
Calderwood, Police)
City Manager's Recommendation: Adopt a resolution.
May 10, 2022 Carlsbad City Council Regular Meeting Page 7
Police Captain Christie Calderwood and Information Technology Manager Javier Ruiz
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk}.
Vicky Sayage expressed her concerns with the current dispatch system and urged the City
Council to request the Police Department to create a detailed data privacy plan and audit.
In response to an inquiry from Mayor Pro Tern Blackburn, Information Technology Manager
Ruiz explained that this new dispatch system would likely be implemented before the
completion of the Safety Center remodel. He added that this would not make the permanent
installation after the remodel completion more difficult or add an additional cost.
In response to an inquiry from Mayor Pro Tern Blackburn, Information Technology Manager
Ruiz explained that all data is kept private and secure and added that access is only granted
by permission from the Police Department.
Mayor Pro Tem Blackburn left the dais at 7:12 p.m.
In response to an inquiry from Council Member Bhat-Patel, Police Captain Calderwood
explained that there is one million dollars in funding from the Strategic Digital Transformation
Investment Fund allocated for this project.
Mayor Pro Tem Blackburn returned to the dais at 7:14 p.m.
In response to an inquiry from Council Member Acosta, Information Technology Manager
Ruiz explained the main differences between Option 1 and Option 2 as outlined in the staff
report, including the areas of footage that the cameras would capture and how the cameras
detect motion to begin recording.
In response to an inquiry from Council Member Acosta, Information Technology Manager
Ruiz explained that the current retention schedule of footage is one year and only shared
with other agencies as needed.
In response to an inquiry from Council Member Norby, Information Technology Manager Ruiz
explained that with new technologies being implemented in the department, additional staff
resources will likely be needed to maintain service levels.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-107 and directing staff to bring back an audit confidentiality policy.
Motion carried unanimously, 5/0.
12. STATE LEGISLATIVE UPDATE AND LEGISLATIVE PLATFORM AMENDMENT IN SUPPORT OF
PROPOSED CHANGES TO THE RALPH M. BROWN ACT -1} Receive a presentation on state
legislative and budget activity and the city's recent and ongoing advocacy efforts and provide
May 10, 2022 Carlsbad City Council Regular Meeting Page 8
feedback as appropriate; and
2) Adoption of Resolution No. 2022-108 approving amendments to the City of Carlsbad 2022
Legislative Platform to support reforms to the Ralph M. Brown Act that would ease local
jurisdictions' ability to conduct hybrid style (in person and virtual) meetings. (Staff contact:
Jason Haber, City Manager's Department)
City Manager's Recommendation: Receive the presentation, provide feedback as
appropriate and adopt the resolution.
Intergovernmental Affairs Director Jason Haber and Renne Public Policy Group Managing
Director Dane Hutchings presented the report and reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
Mayor Pro Tem Blackburn left the dais at 8:19 p.m.
Mayor Pro Tem Blackburn returned to the dais at 8:21 p.m.
Glen McDonnel from Assemblymember Tash Boerner Horvath's office expressed his
appreciation for the work of the City Council and the Legislative Subcommittee.
In response to an inquiry from Council Member Bhat-Patel, Renne Public Policy Group
Managing Director Hutchings explained that AB 1944 allows for City Council discretion to set
parameters on allowing remote participation in public meetings. Mr. Hutchings added that
AB 2449 has similar guidelines in its current draft, however recent amendments being
considered include requiring a medical excuse to participate remotely.
Council received the report.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-108. Motion carried unanimously, 5/0.
Mayor Hall declared a recess at 8:37 p.m.
Mayor Hall reconvened the meeting at 8:41 p.m.
13. CITY COUNCIL MEETING PUBLIC PARTICIPATION OPTIONS -Consider providing a mechanism
for members of the public to participate virtually in City Council meetings and other public
meetings. (Staff contact: Sheila Cobian, City Manager's Department)
City Manager's Recommendation: Discuss options and provide direction to staff.
In response to an inquiry from Mayor Pro Tern Blackburn, Director of Legislative &
Constituent Services Sheila Cobian explained that staff would need until the end of the
calendar year to implement hybrid meetings. She further explained the staffing costs
associated with implementing hybrid meetings.