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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.