HomeMy WebLinkAbout2022-12-13; City Council; ; Adoption of Ordinance Nos. CS-441 and CS-442 – Establishing Community Police Engagement CommissionCA Review CKM
Meeting Date: Dec. 13, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance Nos. CS-441 and CS-442 – Establishing Community
Police Engagement Commission
Districts: All
Recommended Actions
Adopt the following:
1.Ordinance No. CS-441 amending Chapter 2.15 and adding Chapter 2.30 Community-
Police Engagement Commission to Title 2 of the Carlsbad Municipal Code.
2.Ordinance No. CS-442 amending Sections 2.15.030 and 2.15.070 of the Carlsbad
Municipal Code.
Executive Summary/Discussion
The City of Carlsbad understands that a trusting relationship between the community and
Police Department is essential for a high-quality public safety environment. Following a series
of City Council meetings and community engagement forums in 2020 and 2021, the City Council
hired OIR Group, a leading consultant in police practices, to develop recommendations for the
best way to address community interest in a forum to provide more formal engagement with
the police department. After receiving OIR Group’s report and recommendations, the City
Council voted to direct staff to draft an ordinance establishing a community police engagement
commission.
Ordinance No. CS-441 establishes the Community-Police Engagement Commission based on the
recommendations contained in the OIR Group’s report and the City Council’s June 7, 2022,
direction (Exhibit 1).
Ordinance No. CS-442 contains two clarifying amendments to Carlsbad Municipal Code Section
2.15.030 – Board and commission membership and 2.15.070 – Vacancies, removal and
attendance (Exhibit 2). Although these amendments are not directly related to the
establishment of the Community-Police Engagement Commission, staff are bringing them
forward at this time for efficiency.
Ordinance Nos. CS-441 and CS-442 were introduced and first read at the City Council meeting
held on Dec. 6, 2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member
Bhat-Patel, the City Council voted 4-0-1, with Mayor Hall absent, to introduce Ordinance Nos.
Item #12 Dec. 13, 2022 Page 1 of 10
CS-441 and CS-442. The second reading allows the City Council to adopt the ordinances, which
will become effective 30 days after its adoption.
Fiscal Analysis
Supporting this commission will require staff time that will be absorbed within the existing
workload of the Police Department, City Attorney’s Office and City Manager’s Office. The
estimated annual cost of $4,000 for technical support, videography and archiving the meeting
videos will be requested in the proposed budget for fiscal year 2023-24.
Next Steps
The City Clerk Services Manager will have the ordinance, or a summary of the ordinance,
published in a newspaper of general circulation within 15 days following adoption of the
ordinance.
Environmental Evaluation
This action does not constitute a project within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to
cause either a direct physical change or a reasonably foreseeable indirect physical change in the
environment.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.Ordinance No. CS-441
2.Ordinance No. CS-442
Item #12 Dec. 13, 2022 Page 2 of 10
ORDINANCE NO. CS-441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 2.15 AND ADDING CHAPTER 2.30
COMMUNITY-POLICE ENGAGEMENT COMMISSION TO TITLE 2 OF THE
CARLSBAD MUNICIPAL CODE
WHEREAS, in January and February of 2021 the city held public meetings and conducted an
online survey in order to engage with the community on issues related to law enforcement policies,
practices and accountability measures; and
WHEREAS, in March 2021 the City Council received reports from city staff and a professional
facilitator with the outcomes and findings from these public engagement efforts; and
WHEREAS, on March 23, 2021, the City Council voted to hire OIR Group to make independent
recommendations about the best way to address community interest in a forum to provide more
formal engagement with the police department; and
WHEREAS, on June 7, 2022, the City Council received a report from OIR Group with
recommendations for establishing more formal community engagement with the Carlsbad Police
Department; and
WHEREAS, on June 7, 2022, the City Council voted to establish a five-member civilian
commission that would be known as the Community-Police Engagement Commission, would meet
quarterly, and would have as its primary duty community engagement, not police oversight; and
WHEREAS, the commission is to report directly to the City Council and present annual workplans
to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.050 is amended to read as
follows:
2.15.050 Appointments.
A.Appointments to the Planning Commission, Parks and Recreation Commission, Community
Police Engagement Commission, and Traffic and Mobility Commission, shall be made by the following
process:
1.The Mayor and each Council Member shall nominate one individual to serve on each of
the commissions for a term coinciding with the term of the Council Member making the
Item #12 Dec. 13, 2022 Page 3 of 10
Exhibit 1
appointment. The mayor shall nominate two additional individuals to serve on each of the
Planning Commission, Parks and Recreation Commission, and Traffic and Mobility
Commission. All nominations shall be subject to ratification by a majority vote of the City
Council. If a nominee is not approved by a majority vote of the City Council, the Council
Member making the nomination may nominate another individual at the same or a
subsequent meeting. In the event that a member of the City Council does not make any
nomination within 45 days of the date the Council Member is sworn into office or within 60
days of the occurrence of a vacancy, the appointment will be made by the Mayor with the
approval of the City Council.
2.Although each member of the City Council elected by a district shall use his or her best
efforts to appoint individuals residing in that district to these commissions, members of the
City Council may appoint individuals not residing in their districts in their discretion in order to
assure that the most interested and qualified individuals serve on the commissions.
B.Appointments to all other city boards and commissions shall be made by the Mayor with the
approval of the City Council.
3.Carlsbad Municipal Code, Title 2, is amended to add Chapter 2.30 to read as follows:
2.30.010
2.30.020
2.30.030
2.30.040
2.30.050
2.30.060
2.30.080
2.30.010
Created.
Purpose.
Chapter 2.30
COMMUNITY-POLICE ENGAGEMENT COMMISSION
Membership -Term -Qualification.
Trainings.
Meetings.
Duties.
Powers delegated to commission to be advisory.
Created.
A Community-Police Engagement Commission is created.
2.30.020 Purpose.
The purpose of the commission is to provide a cooperative and collaborative forum for the
community and police leadership to learn and discuss the challenges of modern-day policing and
provide a community perspective about public safety challenges. The commission will work
collaboratively with the Police Chief to provide advice, support, and recommendations relating to
current or newly considered policies and programs with an overarching goal of building trust and
fostering strong police-community relations.
The commission shall have no authority to direct the conduct of any department, including the police
department, to review or advise upon personnel matters related to individual peace officers or to
review confidential peace officer personnel files. It is not the purpose of this commission to review or
Item #12 Dec. 13, 2022 Page 4 of 10
comment upon items staff will present to City Council, unless the item is referred to the commission
by the City Council or City Manager.
2.30.030 Membership - Term -Qualification.
The Community-Police Relations Commission shall consist of five members to be appointed pursuant
to Section 2.15.050(A} with staggered terms as provided in Section 2.15.060.
In addition to those qualifications provided by Section 2.15.030, the city council may consider the
following additional criteria in appointing members to the commission:
1.A demonstrated ability to be open minded, impartial, objective, and unbiased.
2.An absence of any real or perceived bias, prejudice, or conflict of interest.
3.A record of community involvement.
4.An ability to build constructive working relationships and communicate effectively with
diverse groups.
5.A demonstrated commitment to the purpose of the commission with an eye toward
fostering positive police-community relationships.
6.Attendance at the Carlsbad Citizens Police Academy.
Persons with ongoing litigation against the city related to police matters shall be ineligible to serve on
the commission. In addition, current Carlsbad Police Department employees and their parents or
children are ineligible to serve on the commission.
2.30.040 Training.
Following appointment to the commission, members shall receive training on the following:
1.The authority and responsibilities associated with their role as a commission member;
2.City policies and legal requirements governing commission meetings; and
3.Carlsbad Police Department policies, procedures, and practices
In addition, as soon as reasonably practical, ideally within the first six months of their appointment,
commission members shall attend or observe the following:
1.Police officer use of force training, including defensive tactics and scenario-based training;
2.Police officer implicit bias training;
3.Police officer training related to interaction with people in mental health crisis;
4.At least two ride-a longs with the Carlsbad Police Department, one of which should be with the
homeless outreach team; and
5.A presentation from the city's homeless services coordinator
2.30.050 Meetings.
The Community-Police Engagement Commission shall establish a regular time and place of meetings
and shall hold not less than one meeting per quarter. The majority of the appointed members shall
constitute a quorum for the purpose of transacting the business of the commission.
Item #12 Dec. 13, 2022 Page 5 of 10
Each regular meeting agenda shall include an item allowing the Police Chief or designee to provide a
police department update, including a report on any notable past or upcoming events the police
department is planning for and relevant data, such as crime analysis and police response data.
2.30.060 Duties.
The commission's duties are to:
1.Promote productive communication and interaction between the City of Carlsbad Police
Department and community.
2.Provide a forum for police leadership to inform the commission and public of police initiatives,
challenges, and data relating to police activity.
3.Educate the community and receive community feedback regarding policing standards and
expectations.
4.Create additional community access to public safety information.
5.Recommend changes or improvements to Carlsbad Police Department policies, procedures or
training.
6.Review new or proposed Carlsbad Police Department programs to evaluate how those
programs might impact the Carlsbad community, including disenfranchised and marginalized
communities.
7.Provide a forum for presentations by police leadership on matters that receive high media
interest or come to the attention of the commission.
2.30.080 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City
Council, or as a delegation to the Community-Police Relations Commission of any of the authority or
discretionary powers vested and imposed by law in the City Council. The City Council declares that
the public interest, convenience and welfare require the appointment of a Community-Police
Relations Commission to act in a purely advisory capacity to the city council for the purposes
enumerated. Any power herein delegated to the commission to adopt rules and regulations shall not
be construed as a delegation of legislative authority but purely a delegation of administrative
authority.
Item #12 Dec. 13, 2022 Page 6 of 10
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at 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 6th day
of December, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of December, 2022, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta.
Burkholder.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
�I( Ht/v� CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
JdlvL, fvsHERRY FREISINGER, City Clerk
(SEAL)
Item #12 Dec. 13, 2022 Page 7 of 10
ORDINANCE NO. CS-442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTIONS 2.15.030 AND 2.15.070 OF THE
CARLSBAD MUNICIPAL CODE
WHEREAS, Chapter 2.15 of the Carlsbad Municipal Code applies to all boards and commissions,
except as otherwise specifically provided; and
WHEREAS, amendments to Carlsbad Municipal Code Section 2.15.030-Board and commission
membership -Qualifications and Section 2.15.070 -Vacancies, removal and attendance are necessary
to clarify the qualifications for serving on a board or commission and that the seat is forfeited if the
member no longer meets those qualifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.030 is amended to read as
follows:
2.15.030 Board and commission membership-Qualifications.
A.In addition to any qualifications or limitations imposed by law or contained in the authorizing
ordinance or resolution for any specific board or commission, members of the boards and
commission must meet the following minimum qualifications:
1.Resident of the City of Carlsbad and a registered voter.
2.Not currently an officer of or employed by the City of Carlsbad.
3.Not currently a sole proprietor under contract with the city, or a consultant or employee
of an entity under contract with the city, performing work that relates to the powers or duties
of the board or commission.
4.Not currently an officer, director, owner or principal of an entity under contract with the
City of Carlsbad to perform work that relates to the powers or duties of the board or
commission.
5.Appointment would not violate any term limits applicable to the position sought.
B.The city council may consider, in its discretion, the following additional criteria in appointing
members to the boards and commission:
1.Prior participation in the Citizen's Academy.
2.Recent experience and/or understanding of municipal government.
3.Knowledge of subject matter governed by the board or commission.
Item #12 Dec. 13, 2022 Page 8 of 10
Exhibit 2
4.Ability to fairly and impartially represent community interests.
5.Experience on other boards, commissions or committees.
6.Geographical diversity of the membership of the board or commission.
3.Carlsbad Municipal Code, Title 2, Chapter 2.15, Section 2.15.070 is amended to read as
follows:
2.15.070 Vacancies, removal and attendance.
A.Members of the city's boards, commissions and committees shall serve until reappointed or until
the member's successor has been appointed, qualified and seated. If a vacancy occurs other than by
the expiration of a term, the vacancy shall be filled in the same manner as the original appointment.
B.Appointees to all of the city's boards and commissions shall serve at the pleasure of the City
Council. Any member of a city board or commission may be removed at any time, with or without
cause, by the affirmative vote of three members of the City Council.
C.Any member of a city board or commission will forfeit their seat on the board or commission if the
member no longer meets the qualifications specified in Section 2.15.030{A)(l) -(4).
D.To assure participation of board and commission members, attendance by the members of the
boards and commissions at all regularly scheduled and special meetings of the boards and commissions
shall be recorded, and such record shall be provided annually to the city council for review. A board or
commission member may be removed by the affirmative vote of three members of the City Council
due to the member's absence from three consecutive regular meetings or from 25% of the duly
scheduled meetings of the board or commission within any fiscal year, except in the case of absences
due to illness or by permission of the board or commission as documented by the board or commission
liaison.
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
Item #12 Dec. 13, 2022 Page 9 of 10
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 6th day
of December, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of December, 2022, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
� I< �
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
f1'sHERRY FREISINGER, City Clerk
(SEAL)
Item #12 Dec. 13, 2022 Page 10 of 10