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HomeMy WebLinkAbout2017-05-16; City Council; Resolution 2017-085RESOLUTION 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 SANDAG 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 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 SANDAG 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 SANDAG 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. 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: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CARLSBAD POLICE DEPARTMENT REGARDING THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION ON BEHALF OF ITS OPEN SPACE ENFORCEMENT PROGRAM AGREEMENT NO. 5004937 This Memorandum of Understanding ("MOU") is made and entered into effective as of this ~day of 11A I Y . 2017, by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, a municipal corporation of behalf of its Police Department (collectively, "the Parties"). RECITALS The following recitals are a substantive part of this MOU: WHEREAS, illegal activities, such as off-road riding, trespassing, vandalism, and littering have complicated efforts to preserve and manage open space lands included in the City of Carlsbad's Habitat Management Plan, and the City of Carlsbad and the City of Carlsbad Police Department ("Police Department") have agreed a new strategy for enforcement on open space lands is required. WHEREAS, the SANDAG Board of Directors has agreed to allocate funding for local programs aimed at enforcement on conserved open space lands that are a part of larger regional Habitat Conservation Programs and have included funding as part of the FY 2016 and 2017 Environmental Mitigation Program's Regional Habitat Conservation Program budget. WHEREAS a pilot program proposed by the City of Carlsbad intends to address some of the inadequacies of existing enforcement programs by creating new positions within the Police Department dedicated to these preserves in a part-time capacity that also will coordinate enforcement activity with current efforts being carried out by preserve managers and private security firms. WHEREAS the City of Carlsbad desires to enter into an MOU with SANDAG to receive $98,280.00 from SANDAG in exchange for performing the work outlined in Exhibit A aimed at preserving sensitive and endangered species contained within City of Carlsbad conserved lands. NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: AGREEMENT SANDAG AGREES: 1. To serve as Contract Manager and will be responsible for administering invoices and review of products received from the Police Department. 2. To pay the City of Carlsbad within 30 days of receipt and approval of the Police Department's invoices. 3. To resolve any outstanding invoice questions with the City of Carlsbad within 30 days of receipt of invoice. 4. To be the liaison to the Police Department for discussion with other land managers and enforcement agencies to facilitate discussions on lessons learned. 5. To review the scope of services with the City of Carlsbad on a periodic basis and consider any improvements suggested by the Police Department to be more efficient with the available funding. Neither the City of Carlsbad nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless the City of Carlsbad, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. THE CITY OF CARLSBAD, ON BEHALF OF ITS POLICE DEPARTMENT AGREES: 1. To implement the activities identified as Task 1 (in Exhibit A) Scope of Services to provide increased technical and administrative law enforcement services to reduce negative impacts on the environment through increased patrols. 2. To collaborate with the City of Carlsbad Multiple Habitat Conservation Plan Preserve Manager to identify key problem areas of enforcement on conserved habitat lands within areas of the Carlsbad Habitat Management Plan (as shown in Exhibit D) and to allocate increased patrols to those areas. 3. To have the flexibility to move resources as necessary to implement the Scope of Services so long as the overall cost and overhead rate does not exceed the amount identified in Exhibits A and B. 4. To keep an accounting of the locations of all activities completed under this MOU, and the hours and cost incurred to implement those activities. 5. To provide to SANDAG an invoice (no more frequently than monthly, and no longer than quarterly) that includes all supporting material including, but not limited to, the number of hours spent working on the Scope of Services and the costs incurred during that invoice period. 6. To provide a quarterly report in the form of a short summary memorandum on the activities implemented over the quarter and a status of the project. 7. To provide a final summary report on results of the increased enforcement, an assessment of the project's success in reducing unauthorized use, and recommendations for future enhanced enforcement activities as part of the final invoice under this MOU. 2 8. To attend one SANDAG Working Group meeting to present the results of the project at the conclusion of the MOU which is 12 months from the Notice to Proceed (defined in Exhibit C). 9. Cindy Anderson shall be the Police Department lead on this Project and shall not be removed from the project or reassigned without prior notification to SANDAG. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City of Carlsbad under or in connection with any work, authority, or jurisdiction delegated to the Police Department under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the City of Carlsbad shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the City of Carlsbad under or in connection with any work, authority, or jurisdiction delegated to the Police Department under this MOU. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: SANDAG: City of Carlsbad Police Department: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attention: Keith Greer Email: keith.greer@sandag.org Phone: (619) 699-7390 City of Carlsbad Police Department 2560 Orion Way Carlsbad, CA 9201 0 Attention: Cindy Anderson Email: cindy.anderson@carlsbadca.gov Phone: (760) 931-2170 3. That unless it is amended by the Parties in writing, this MOU shall terminate on ] 1.11 y 1 , 2018, or on such earlier or later date as the Parties may agree to in writing. 4. The indemnification provisions of this MOU shall survive termination of the MOU . 5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 3 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint venturers or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 9. Nothing in the provisions of this MOU is intended to create duties or obligations to, or rights in, third parties to this MOU or affect the legal liability of the Parties to this MOU. 10. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS [;GA~ (J Executive Director or designee Exhibits: IZl Scope of Work (Exhibit A) fZl Budget (Exhibit B) fZl Schedule (Exhibit C) fZl Enforcement Patrol Areas (Exhibit D) CITY OF CARLSBAD, A MUNICIPAL CORPORATION APPROVED AS TO FORM : cZee""&<~~~~ Legal Counse 4 EXHIBIT A SCOPE OF WORK City of Carlsbad Open Space Enforcement Program The balance between sensitive habitats and species protection, and human use of Natural Communities Conservation Planning preserves has always been challenging. In areas that contain formally approved trails, regular patrols and interaction with preserve visitors is needed to educate the visitors on proper behaviors, such as keeping dogs on leash and staying on trails. In areas off limits to human access and subject to unauthorized activities such as homeless encampments, mountain biking, and rock climbing, more active enforcement leading to eviction and potential arrest is necessary. These closed a~eas of the preserves contain highly sensitive resources that must be protected under the jurisdictions conservation planning efforts. On September 25, 2015, the San Diego Association of Governments {SANDAG) Board of Directors approved a work plan for fiscal year 2016-2017 and allocated funds to assist local jurisdiction determine the best methods for providing enf6rcement on open space lands. Current efforts involving California Department of Fish and Wildlife wardens are limited due to a lack of staffing required for patrolling the vast amounts of open space now preserved throughout the region. This has prompted SANDAG to explore other options for open space enforcement that utilize existing policing powers of the jurisdictions to patrol these areas. As a pilot progrCJm, SANDAG is entering into a Memorandum of Understanding with the City of Carlsbad to fund localized enforcement of open space lands that are included in the City of Carlsbad's Habitat Management Plan (HMP) with exiting considered lands (See Exhibit D). The City of Carlsbad, on behalf of its Police Department will be developing two new positions under a new classification to patrol public areas as well as HMP preserve areas (identified in Exhibit D). SANDAG funding will enable these "Rangers" to spend a maximum of 1800 hours patrolling preserved lands. SANDAG funding would be limited to time patrolling conserved preserved area. Additional time not covered by SANDAG may be used by the Carlsbad Police Department to patrol others areas (e.g., beaches, public active use parks), as their authority allows. These "Rangers" will be Police Department employees with PC 832 certification that have the ability to issue citations for the most common infractions. Being Police Department employees, they also have direct radio access to Police dispatch when the need for further personnel and/or arrest is necessary. The "Rangers" would coordinate with other enforcement and public engagement efforts currently underway by preserve managers, private security, and trail volunteers. The City of Carlsbad will continue to contract with limited private security firms, and provide all administrative functions needed to serve these programs. There will be no costs associated with administrative functions pertaining to this current agreement as any duties required will be absorbed by existing administrative staff. Existing and future HMP preserve managers will also continue to provide patrolling and enforcement in accordance with their approved Preserve Management Plans and budgets. Once the project is initiated and, if after one year, it is determined to be successful, the City of Carlsbad, in its sole discretion will look to continue the program using non-SANDAG funding. 5 Task 1: Community Services Officer (Open Space Ranger) For a period of one year, two full-time employees (FTE) will dedicate a maximum combined total of 1800 hours, to patrolling and enforcement exclusively in the HMP preserves conserved lands. Duties include: • Patrol selected HMP preserves several times per week • Educate the public on appropriate behaviors in HMP preserves and on city trails • Issue warnings and/or citations as needed • Prepare patrol logs • Track annual statistics to measure effectiveness Task 1: Deliverables The City of Carlsbad will provide the following reporting materials and any costs associated will be absorbed by existing administrative staff: • Quarterly reports tracking enforcement actions on HMP preserves. The reports will contain information on deployment time, duration and location; coordination with preserve managers; observed activities; number of encounters with public; number and types of citations. • Year-end report including a summary of quarterly report information, evaluation of program success, recommendations for future enforcement actions by City staff, private security firms, and preserve managers. 6 Task 1 EXHIBIT B BUDGET Description Maximum 1800 hours HMP preserve properties TOTAL 7 Cost $98,280.00 $98,280.00 EXHIBIT C SCHEDULE Task City of Carlsbad Start Complete Police Department Lead 1 Cindy Anderson Notice to Proceed (NTP) 12 Months from NTP 8 Legend OCEANSIDE PACIRC OCEAN .. Existing Hardline Outside-Conserved .. Proposed Hardline Standards Area EXHIBIT D ENFORCEMENT PATROL AREAS 6 --~==:~Feet w 0 6,400 Exhibit D: Existing and proposed preserves within the City of Carlsbad as of 2015 that are included in the City's Habitat Management Plan. 9