Jul 13, 2021 City Council Meeting

LIKE TO CALL TONIGHT'S MEETING TO ORDER, BUT MORE IMPORTANTLY, I CAN'T TELL YOU HOW

[CALL TO ORDER: ROLL CALL: ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District on Consent Item No. 9. INVOCATION: PLEDGE OF ALLEGIANCE:]

[00:00:06]

[APPLAUSE] I KNOW WE ALL LOVE ZOOM, BUT YOU JUST DON'T GET THE SAME ENERGY THROUGH ZOOM AS YOU DO IN A LIVE AUDIENCE.

SO I JUST WANT TO SAY THANK YOU TO EACH AND EVERY ONE OF YOU FOR BEING HERE TONIGHT AND HOPEFULLY WE'LL HAVE A VERY POSITIVE AND REASONABLY SHORT MEETING TONIGHT.

THAT'S WHAT MY COLLEAGUES ARE ASKING.

I'D LIKE TO CALL TONIGHT'S MEETING TO ORDER AND COULD WE PLEASE TAKE ROLL CALL? HERE. COUNCIL MEMBER BHAT-PATEL.

HERE.

MAYOR PRO TEM BLACKBURN.

PRESENT MAYOR HALL.

HERE. ALSO, I THINK THIS DOESN'T GO UNNOTICED AS WE DO HAVE A NEW PERSON AT THE UP HERE ON THE PODIUM TONIGHT AFTER HOW MANY MONTHS YOU'VE BEEN IN OFFICE.

SO THIS IS HER FIRST NIGHT HERE.

SO LET'S GIVE LET'S GIVE COUNCIL MEMBER ACOSTA A ROUND OF APPLAUSE.

[APPLAUSE] SO WITH THAT, BEFORE WE HAVE THE PLEDGE OF ALLEGIANCE, THE CITY COUNCIL IS SERVING AS THE CARLSBAD MUNICIPAL WATER DISTRICT ON CONSENT ITEM NUMBER NINE.

SO I'VE GOT THAT DOWN, MR. BLACKBURN, PLEASE LET US IN THE PLEDGE.

PLEASE JOIN ME IN THE PLEDGE TO OUR FLAG.

NEXT IS THE MINUTES OF THE REGULAR MEETING HELD MAY 11TH, THE MINUTES OF A REGULAR

[APPROVAL OF MINUTES]

AND THE MINUTES OF A SPECIAL MEETING HELD JUNE TWENTY THIRD.

MOVE APPROVAL OF THE MINUTES RECITED BY THE MAYOR.

SECOND.

ANYONE WANT AN ITEM PULLED? OK, PLEASE CAST YOUR VOTE WITH OUR NEW LITTLE MACHINE HERE.

OH, IT PASSED UNANIMOUSLY, MOVING RIGHT ALONG TO PRESENTATIONS.

[PRESENTATIONS]

OK, IT IS MY PLEASURE TO PRESENT THE PROCLAMATION FOR PARKS AND REC MONTH, SO THE PERSON ACCEPTING THIS WILL BE SENIOR COMMISSIONER PATRICIA MEHAN.

ARE YOU HERE? OK, GREAT.

I'LL GO AHEAD AND READ THIS PROCLAMATION.

THIS IS A RESOLUTION, A BEAUTIFUL RESOLUTION WITH A LOT OF WHEREASES.

SO THERE WE ARE.

THE PROCLAMATION READS PARKS AND RECREATION MONTH, JULY 2021, WHEREAS THE CITY OF CARLSBAD PARKS AND REC DEPARTMENT, PARKS AND RECREATION DEPARTMENT ACTIVELY PROMOTES COMMUNITY HEALTH AND WELLNESS THROUGH HIGH QUALITY PARKS AND FACILITIES, IS NATIONALLY ACCREDITED AND TRAINS AND EMPOWERS STAFF TO PROVIDE EXCELLENT CUSTOMER SERVICE.

AND WHEREAS THE PARKS AND RECREATION DEPARTMENT BUILDS COMMUNITY CONNECTEDNESS THROUGH CREATIVE AND INNOVATIVE RECREATION PROGRAMING, PROMOTES HEALTHFUL LIVING AND PROVIDES SPECIAL EVENTS FOR THE ENTIRE FAMILY.

AND WHEREAS THE PARKS AND RECREATION DEPARTMENT IS A STEWARD OF MORE THAN 1000 ACRES OF OPEN SPACE PROPERTIES AND OVERSEES 51 MILES OF OPEN SPACE TRAILS AND FULFILLS DIVERSE COMMUNITY NEEDS THROUGH A TRANSPARENT AND INCLUSIVE COMMUNITY OUTREACH AND ENGAGEMENT PROCESS. AND WHEREAS THE PARKS AND RECREATION DEPARTMENT IS CURRENTLY WORKING ON THE DEVELOPMENT OF SEVERAL PARKS AND ENHANCEMENT PROJECTS, INCLUDING BUENA VISA RESERVOIR PARK, CALAVERA HILLS COMMUNITY PARK GATEWAY, POINSETTIA COMMUNITY PARK OFF LEASH DOG PARK, VETERANS MEMORIAL PARK, SOUTH SHORE AGUA HEDIONDA LAGOON TRAIL AND VILLAGE H OFF LEASH DOG AREA.

AND WHEREAS THROUGHOUT THE COVID-19 PANDEMIC, THE PARKS AND RECREATION DEPARTMENT DEVELOPED AND OFFERED VIRTUAL PROGRAMS, CLASSES AND EVENTS, THEN SUBSEQUENTLY RESUMED IN-PERSON PROGRAMS, CLASSES AND EVENTS APPEALING TO A WIDE RANGE OF INTERESTS AND AGES.

PARKS AND RECREATION DEPARTMENT PROVIDED IN-PERSON YOUTH SUMMER CAMPS, INCLUDING SPORTS, ARTS, SCIENCE AND MORE, TO PROVIDE A STABLE, SAFE AND FUN ENVIRONMENT DURING THE PANDEMIC RECOVERY PERIOD.

AND WHEREAS THE PARKS AND RECREATION DEPARTMENT DISTRIBUTED VIA PICKUP OR DELIVERY OVER 60,000 MEALS TO CARLSBAD SENIORS AS PART OF THE SAN DIEGO COUNTY HEALTH AND HUMAN

[00:05:02]

NOW, THEREFORE, I, COUNCIL MEMBER TERESA ACOSTA ON BEHALF OF THE MAYOR AND CITY COUNCIL DO HEREBY PROCLAIM THE MONTH OF JULY 2021 AS PARKS AND RECREATION MONTH IN THE CITY OF CARLSBAD. THANK YOU.

[APPLAUSE] MIC] IT IS AN HONOR TO BE ON THE COMMISSION FOR THE SENIOR CENTER, WHICH IS PART OF THE PARKS AND RECREATION DEPARTMENT.

I WANT TO THANK PREVIOUS COUNCILS, PRESENT COUNCIL FOR BUILDING AND HAVE A FORESIGHT OF WONDERFUL PARKS AND RECREATION.

AND THE PEOPLE THAT WORK FOR THE PARKS AND RECREATION ARE FANTASTIC, ALL THE WORK THEY DID DURING COVID.

THEY'RE LIKE SAINTS TO ME.

THEY WERE JUST WONDERFUL AND I REALLY APPRECIATE ALL THEY DID AND I WANT EVERYONE THAT SEES THEM AT THEIR WORK SAY THANK YOU FOR ALL THE WORK AND THE TIME YOU SPENT.

SENIOR CENTER IS WHAT I'M PART OF, WHICH IS PART OF THE PARKS AND REC.

AND IT'S VERY IMPORTANT BECAUSE WE HAVE A LOT OF SENIORS THAT DON'T COMMUNICATE WITH ANYBODY BUT GO TO THE SENIOR CENTER.

AND WE ARE WE JUST ARE REALLY HAPPY WITH WHAT THEY'VE DONE TO ENHANCE THEIR LIVES AT THE SENIOR CENTER WITH ALL THE PROGRAMS AND WHAT THEY HAVE ACCOMPLISHED FOR FOR THE SENIORS. AND ALSO, I WANT TO PUT A PLUG FOR CARLSBAD NEWCOMERS, WHICH MEETS AT THE SENIOR CENTER. AND I'M REALLY GLAD THE PARKS AND REC LETS THEM, BECAUSE THIS IS IMPORTANT, THE NEWCOMERS IS A MISNOMER.

IT SHOULD BE FOR ALL IS NOT NEW.

IT'S OLD LIKE ME AND I'M CERTAINLY NOT NEW.

SO I WANT TO PUT A PLUG IN FOR THEM, FOR PEOPLE THAT IF THEY WANT TO MEET OTHER PEOPLE, GO THE SENIOR CENTER, LOOK AND SEE WHAT THEY HAVE.

IT'S A WONDERFUL PLACE AND WE HOPE THAT WE CAN ENCOURAGE AND ENHANCE PLACES FOR OTHER SENIORS TOO IN OTHER PARKS LIKE WE HAVE AT THE SENIOR CENTER.

THAT'S A DREAM OF MINE.

AND THANK YOU SO MUCH FOR EVERYTHING.

[APPLAUSE] VERY WELL SAID.

SO NOW IT'S MY OPPORTUNITY TO GIVE A PROCLAMATION FOR A RETIREMENT OF SANDY PARSONS FROM THE LIBRARY BOARD OF TRUSTEES SO SANDY.

SO HERE'S YOUR PROCLAMATION.

AND SO IT'S IT'S AMAZING, IT SEEMS LIKE JUST YESTERDAY YOU WERE APPOINTED AND SOMEBODY IN THE AUDIENCE MUST HAVE BLINKED THEIR EYES BECAUSE IT'S EIGHT YEARS LATER.

SO I WOULD JUST LIKE TO SAY A FEW WORDS IN THIS PROCLAMATION ABOUT JUST SOME OF THE THINGS THAT YOU WERE ABLE TO DO ALONG WITH YOUR OTHER BOARD MEMBERS, BUT MOST IMPORTANTLY, WHAT YOU'VE BEEN ABLE TO ACCOMPLISH.

WHEREAS DR. A SANDY PARSONS HAS DILIGENTLY SERVED ON THE CARLSBAD LIBRARY BOARD OF TRUSTEES FOR EIGHT YEARS WITH DEDICATION, DISTINCTION, ADVOCATING FOR THE INTERESTS OF LIBRARY PATRONS IN THE COMMUNITY.

WHEREAS DURING SANDY'S TENURE, SHE ACTIVELY PARTICIPATED IN COMMITTEE WORK TO REDESIGN THE USE OF SPACE IN ALL THREE LIBRARY FACILITIES TO MEET THE CHANGING NEEDS OF THE COMMUNITY.

WHEREAS SANDY ADVOCATED FOR NEW TECHNOLOGY TO MEET COMMUNITY EXPECTATIONS, INCLUDING ADDING HIGH SPEED INTERNET ACCESS, IMPROVING THE LIBRARY CATALOG, CREATING A STATE OF THE ART EXPLORATION HUB, IMPLEMENTING AN ONLINE PAYMENT SOLUTION, EXPANDING E-RESOURCES AND ENHANCING SELF-SERVICE OPTIONS.

WHEREAS SANDY PROVIDED CRITICAL COMMUNITY PERSPECTIVE ON PROGRAMS AND SERVICES, INCLUDING CARLSBAD READS TOGETHER, CAREER ONLINE HIGH SCHOOL AND THE MOBILE BOOK BIKE, ENCOURAGING STAFF TO EXPAND VIRTUAL PROGRAMS AND SERVICES AND INCREASE THE VOLUME OF E-BOOKS AND

[00:10:03]

WHEREAS SANDY, WHO IS PASSIONATE ABOUT GENEALOGY, IS AN ACTIVE PARTICIPANT IN GENEALOGY IN THE CARLSBAD HISTORY PROGRAMS AND SUPPORTED THE ONGOING PARTNERSHIPS WITH NORTH COUNTY SAN DIEGO COUNTY GENEALOGICAL SOCIETY.

WHEREAS SANDY WAS CONSISTENT, WAS A CONSISTENT ADVOCATE FOR ACCESSIBILITY IN LIBRARY FACILITIES TO ENSURE THAT THEY COULD COULD BE ENJOYED EQUALLY BY ALL COMMUNITY MEMBERS.

NOW, THEREFORE, I.

MATT HALL MAYOR FOR THE CITY OF CARLSBAD, CALIFORNIA, ON BEHALF OF THE COUNCIL, HEREBY RECOGNIZED DR.

A. SANDY PARSONS FOR EIGHT YEARS OF DEDICATED SERVICE ON THE CARLSBAD LIBRARY BOARD OF TRUSTEES AND WISH TO COMMEND HER FOR THE EXEMPLARY SPIRIT SHE HAS EXHIBITED IN CARRYING OUT THOSE DUTIES.

WE LOOK FORWARD TO HER CONTINUE ACTIVE, ACTIVE PARTICIPATION IN THE COMMUNITY OF CARLSBAD AND LOOKING FOR ANOTHER CAREER FOR YOU.

I THREW THAT IT. [APPLAUSE] GO AHEAD.

WELL, IT'S AMAZING THE EIGHT YEARS IT WAS LIKE I BLINKED AND IT WAS GONE, AND I WANT TO THANK THE MAYOR AND CITY COUNCIL FOR THE OPPORTUNITY TO SERVE FOR EIGHT YEARS.

WE HAVE A PHENOMENAL LIBRARY SYSTEM WHICH EVERY CITIZEN OF CARLSBAD AND THE COUNTY CAN BE PROUD OF. AND IN PARTICULAR, I WANT TO THANK SUZANNE, OUR DIRECTOR OF LIBRARY AND CULTURAL ARTS.

IF I GOT THAT RIGHT [APPLAUSE] AND ALL THE LIBRARY STAFF AND ESPECIALLY THE GENEALOGY STAFF, WE HAVE A FABULOUS GENEALOGY COLLECTION, WHICH IS NOT ONLY RECOGNIZED IN SAN DIEGO COUNTY, BUT THE STATE AND THE NATION.

AND THE BBC HAS RECENTLY TAKEN AN INTEREST IN INTERVIEWING THE PRESIDENT OF OUR NORTH SAN DIEGO COUNTY GENEALOGICAL SOCIETY [LAUGHTER] BECAUSE OF OUR COLLECTION.

AND I WANT TO THANK EVERYBODY FOR THE OPPORTUNITY TO SERVE.

AND I LOOK FORWARD TO USING THAT COLLECTION.

AND THANK YOU VERY MUCH.

THANK YOU SANDY. [APPLAUSE] AND LAST, A PRESENTATION ANNOUNCEMENT IN RECOGNITION OF DONATION FROM THE CARLSBAD FRIENDS OF THE LIBRARY AND SUZANNE SMITHSON AND LIBRARY CULTURAL ARTS DIRECTOR AND ROBBIE ADAMS, PRESIDENT OF THE CARLSBAD FRIENDS OF THE LIBRARY.

DO YOU WANT TO COME UP, PLEASE? AND WE JUST WANT TO SAY THANK YOU FOR THE GENEROSITY OF THE OF THE CARLSBAD FRIENDS OF THE LIBRARY, SO SUSAN.

SURE. THANK YOU, MAYOR AND COUNCIL MEMBERS, AND THANK YOU MOSTLY TO THE FRIENDS OF THE LIBRARY, THEY DONATE TO US EVERY YEAR.

THEY ARE THE REASON THAT WE CAN BE NOT ONLY A GREAT LIBRARY, BUT AN AMAZING LIBRARY BECAUSE OF THEIR EXTRA SUPPORT AND THEIR DEDICATION AND DONATIONS FROM SELLING BOOKS IN OUR IN OUR BOOKSTORES JUST ADDS UP VERY QUICKLY.

FOR SOME OF YOU THAT PAY ATTENTION TO THESE THINGS, YOU'LL SEE THAT THEIR DONATION THIS YEAR IS A LITTLE LESS THAN OTHER YEARS, BUT THAT'S NOT OUT OF THEIR ABILITY OR DESIRE TO TO SHARE MONEY WITH US.

BUT IT'S OUT OF OUR REQUEST.

AFTER BEING CLOSED FOR A PERIOD OF TIME, WE HAD LIMITED PROGRAMS OPEN TO THE PUBLIC.

AND SO WE REQUESTED LESS OF THEM THIS YEAR.

SO THAT'S NO REFLECTION ON THEIR THEIR DESIRE TO TO DONATE TO US.

AND WE'RE THRILLED TO HAVE OUR NEW PRESIDENT OF THE FRIENDS OF THE LIBRARY, ROBBIE ADAMS, HERE TO SAY A FEW WORDS AND PRESENT THIS BEAUTIFUL LITTLE CHECK.

HELLO, I'M GLAD TO BE HERE, AND I JUST LIKE SANDY, WANT TO COMMEND OUR LIBRARY STAFF ON WHAT A WONDERFUL JOB THAT THEY DID DURING THE PANDEMIC, THEY CAME UP WITH CREATIVE AND INNOVATIVE IDEAS AND WAYS TO CONTINUE TO SERVE OUR COMMUNITY WITH LIBRARY PROGRAMS AND SERVICES. AND LIKE SUZANNE SAID, WE WE OUR STORES HAVE BEEN CLOSED FOR OVER A YEAR.

SO OUR DONATION THIS YEAR IS NOT WHAT WE WOULD LIKE FOR IT TO BE.

BUT OUR STORES ARE GOING TO BE OPENING SOON.

WE HOPE SO.

THINGS PERHAPS GET BACK INTO BUSINESS.

WE'RE WORKING REAL HARD ON THAT AND WE ARE JUST SO HONORED TO MAKE WHATEVER CONTRIBUTION THAT WE CAN TOWARDS PROVIDING OUR COMMUNITY WITH LIBRARY SERVICES AND PROGRAMS. THANK YOU. [APPLAUSE]

[00:17:45]

[PUBLIC COMMENT (Part 1 of 2)]

YOUR FEEDBACK IS IMPORTANT TO US AND WE WILL REFER TO THE CITY STAFF FOR FOLLOW UP.

SO WITH THAT, I WILL SET ASIDE THE FIRST 15 MINUTES FOR SPEAKERS AND THEN WE'LL CONCLUDE WITH ANY ADDITIONAL SPEAKERS AFTER THAT TIME.

SO CITY CLERK, PLEASE.

YES, OUR FIRST SPEAKER IS A KATE KATIE TAYLOR, REPRESENTING A GROUP.

SO THEY HAVE 10 MINUTES.

[APPLAUSE] OH, GOOD EVENING, THANK YOU, EVERYBODY, GREATEST PICTURE IN THE WORLD, AND WE WANT TO KEEP IT LOOKING JUST LIKE THAT.

MY NAME IS KATIE TAYLOR.

THANK YOU TO EVERYONE, EVERYONE WHO IS HERE THIS EVENING.

I'M HERE TO SPEAK REGARDING THE RESIGNATION OF COUNCILMAN MEMBER CORI SCHUMACHER ON JULY 9TH ON BEHALF OF SAVE CARLSBAD.

FIRST, LET ME EXPLAIN WHY.

LADIES AND GENTLEMEN, PLEASE KEEP THE APPLAUSE DOWN.

GO AHEAD. FIRST, LET ME EXPLAIN WHY I'M COMPELLED TO SPEAK TODAY.

CARLSBAD IS WOVEN INTO THE FABRIC OF MY LIFE FROM GROWING UP IN CARLSBAD AND OPERATING MY BUSINESS IN CARLSBAD, NOW GOING ALMOST 40 YEARS.

MY BROTHER WAS IN THE FIRST GRADUATING CLASS OF CARLSBAD HIGH SCHOOL.

MY MOTHER WAS A LIBRARIAN AT MAGNOLIA ELEMENTARY UNTIL SHE RETIRED, A JOB SHE LOVED.

I REMEMBER WHEN THE I5 FREEWAY OUT THERE WAS BUILT AND THEY HAD TO TAKE MY AUNT AND UNCLE'S HOUSE ON [INAUDIBLE] TO MAKE ROOM FOR IT.

SO AND I PAINFULLY REMEMBER WATCHING FROM MY HOME IN LA COSTA AS THE FIRES RAGED AND LOOK LIKE ALL OF LA COSTA MIGHT BURN DOWN.

MY FAMILY HAS THREE GENERATIONS THAT HAVE ATTENDED CARLSBAD SCHOOLS AND NOT LONG BEFORE OUR FOURTH GENERATION WILL BE READY.

THAT IS WHY I WILL NOT STAY SILENT AS I SEE INDIVIDUALS TRY TO DESTROY THE CARLSBAD I LOVE FROM WITHIN, BECAUSE THAT IS EXACTLY WHAT HAPPENING TODAY.

AND THERE IS NO BETTER EXAMPLE THAN CORI SCHUMACHER.

I'M HERE REPRESENTING AND SPEAKING FOR A GROUP OF PEOPLE WHO ALL LOVE CARLSBAD, HAVE

[00:20:04]

WE HAVE ALL WATCHED AS ONE CALIFORNIA CITY AFTER ANOTHER IS DESTROYED, UNSAFE TO VISIT SAN FRANCISCO, LOS ANGELES, VENICE BEACH, OAKLAND, NOW EVEN SAN DIEGO, WITH HOMELESS TENTS LINING THE STREETS AND FREEWAY OVERPASSES, TRASH EVERYWHERE, SLIPPING IN THE SAME BIG CITY ABYSS.

CARLSBAD COULD QUICKLY FOLLOW SUIT.

BUT I'M HERE TO SAY LOUD AND CLEAR, NOT CARLSBAD, NOT OUR WONDERFUL NORTH COUNTY AND NOT ON MY WATCH. SO TONIGHT I'M HERE TO TELL YOU WE THE PEOPLE HAVE SPOKEN LOUDLY AND CLEARLY DURING THE CORI SCHUMACHER RECALL CAMPAIGN.

WE WILL NOT TOLERATE ANOTHER TOXIC CITY COUNCIL MEMBER.

WILL NOT THE PEOPLE NOT TOLERATE ANY COUNCIL MEMBER THAT DOES NOT SUPPORT AND RESPECT THE CARLSBAD POLICE DEPARTMENT.

WE THE PEOPLE WILL NOT TOLERATE A CITY COUNCIL MEMBER WHO DOES NOT SUPPORT OUR LOCAL BUSINESSES AS CORI TRY TO KEEP THEM SHUT DOWN NEVER, EVER AGAIN.

WE THE PEOPLE WILL NOT TOLERATE CITY COUNCIL MEMBERS BASING DECISIONS FOR AWARDING CITY CONTRACTS ON THE SMOKESCREEN OF EQUITY AND DIVERSITY.

THE DECISIONS MUST BE BASED ON THE VENDOR BEST FOR CARLSBAD.

WE THE PEOPLE WILL NOT TOLERATE ANOTHER CORI SCHUMACHER, WHO ON A TWITTER POST, WROTE, IT'S TIME FOR YOUR BRAND OF WHITE NATIONALIST, REGRESSIVE, TRADITIONALIST, AUTHORITARIAN, TOXIC, DESTRUCTIVE POLITICS TO GET THE F OUT OF NORTH COUNTY AND TAKE THE FIVE NORTH COUNTY MAYORS AND SUPERVISOR DESMOND WITH YOU.

TIME'S UP. CORI IS THE FACE OF DESTRUCTIVE POLITICS AN EMBARRASSMENT FOR ALL OF US IN CARLSBAD. WE THE PEOPLE WILL NOT TOLERATE A CITY COUNCIL REMAIN SILENT WHEN THEIR COLLEGE, THEIR COLLEAGUE USES VULGAR LANGUAGE, HEINOUS, UNFOUNDED ACCUSATIONS AGAINST NORTH COUNTY MAYORS, SUPERVISOR JIM, DESMOND OR ANYONE, ESPECIALLY CARLSBAD RESIDENTS.

IT'S JUST NOT ACCEPTABLE.

WE, THE PEOPLE, WILL NOT TOLERATE A CITY COUNCIL MEMBER THAT JUDGES CARLSBAD AND EVERY ACTION THEY TAKE THROUGH THEIR OWN BIAS RACIST, BIGOTED, NARCISSISTIC LENS.

WE THE PEOPLE DON'T CRITICIZE YOUR POLICIES BECAUSE OF SEXUAL ORIENTATION, CHOICE OF PERSONAL PRONOUNS.

WE CRITICIZE YOU WHEN WE THINK YOUR POLICIES ARE BAD AND DO NOT REFLECT THE MAJORITY OF RESIDENTS AND BUSINESS OWNERS.

WE THE PEOPLE ARE HERE TO DEMAND ANY PERSON ON THE CARLSBAD CITY COUNCIL WHO BELIEVES OR PORTRAYS IN SPOKEN WORD OR WRITTEN COMMENT THAT CARLSBAD IS A RACIST CITY WITH NO FACTS TO SUPPORT SUCH AN ACCUSATION SHOULD RESIGN IMMEDIATELY.

OR YOUR RECALL MAY BE NEXT.

AND COUNCIL MEMBERS CORI, COUNCIL MEMBERS ACOSTA, PATEL.

I'M SPEAKING DIRECTLY TO YOU.

WE THE PEOPLE ARE TAKING CARLSBAD BACK FROM THE VOICES AND HANDS THAT DO NOT LOVE OUR CITY. WE THE PEOPLE WILL NOT TOLERATE EVER AGAIN THE ACTIONS TAKEN BY CORI TO BESMIRCH, ATTACK, MAKE FALSE ACCUSATIONS IN COURT AGAINST CARLSBAD COMMUNITY MEMBERS LIKE CORI SCHUMACHER DID AGAINST ANTHONY [INAUDIBLE], LARRY [INAUDIBLE] AND NOEL [INAUDIBLE].

NEVER, EVER AGAIN.

WE THE PEOPLE DEMAND A PUBLIC APOLOGY FROM THE CARLSBAD CITY COUNCIL FOR NOT PROTECTING YOUR CONSTITUENTS WHEN THEY WERE UNDER ATTACK BY CORI.

YOU REMAIN SILENT WHILE COUNCIL MEMBER SPREAD VICIOUS LIES THAT CONTINUE TO THIS DAY ON THE SOCIAL MEDIA AND IN PERSON.

THE QUALITY OF THEIR LIVES WILL NEVER BE THE SAME AS CORI'S LIES AND ATTACKS REMAIN ON SOCIAL MEDIA, NEVER AN APOLOGY FROM CORI AND ONLY SILENCE FROM THE REMAINING FOUR COUNCIL MEMBERS. COUNCIL MEMBERS.

YOU SWORE AN OATH.

WHY IS IT YOU CAN FIND EIGHT HOURS OF YOUR TIME FOR IMPLICIT BIAS AND MICROAGGRESSION TRAINING, BUT NOT TWO MINUTES TO SPEAK OUT ABOUT THE INJUSTICES OF THE FIRST AMENDMENT, FREEDOM OF SPEECH BY SOMEONE UNTIL WHO UNTIL JULY 9TH REPRESENTED CARLSBAD, CORI SCHUMACHER. WE, THE PEOPLE ARE HERE TODAY TO DEMAND ANY RECENT CITY COUNCIL VOTES BE PLACED BACK ON THE AGENDA FOR A REVOTE.

THIS INCLUDES CLEAN ENERGY ALLIANCE, HOMELESS VOUCHERS AND PARKING LOTS, THE TRASH CONTRACT AND MUNICIPAL CODE CHANGES.

THESE VOTES WERE TAINTED BY QUITTER CORI.

WE THE PEOPLE WILL NEVER AGAIN REMAIN SILENT, AS EVIDENCED BY THE CORI SCHUMACHER RECALL CAMPAIGN. WE ARE TAKING BACK OUR CITY AND WE ARE SAVING CARLSBAD.

WE THE PEOPLE DEMAND THE CITY COUNCIL PERFORM AS A COUNCIL WAS INTENDED TO PERFORM AS A NONPARTISAN GROUP.

THERE'S NO REASON FOR DEMOCRATIC, REPUBLICAN PARTIES OR UNIONS TO BE INVOLVED.

[00:25:03]

WHY HAS THERE BEEN NO PUBLIC COMMENT REGARDING UNPRECEDENTED, UNPRECEDENTED ACTIONS BY CORI? WHY HAS THERE BEEN NO ACTION BY THE CITY COUNCIL TO HOLD HER ACCOUNTABLE? WHY HAS THERE NEVER BEEN AN APOLOGY TO ANTHONY [INAUDIBLE], LARRY [INAUDIBLE] AND NOEL [INAUDIBLE] FOR CORI'S ATTEMPT TO ILLEGALLY SILENCE THEIR RIGHT TO FREE SPEECH? WHY IS THERE NOT BEEN ANY ACKNOWLEDGMENT TO DATE THAT CORI HAS FAILED TO PAY IN FULL HER COURT ORDERED LEGAL FEES? REQUEST. FIRST REQUEST IS MY UNDERSTANDING THAT THE CITY COUNCIL MEETING TO DISCUSS THE COUNCIL VACANCY REPLACEMENT IS SCHEDULED FOR TUESDAY, JULY 20TH, VIA ZOOM.

WE ARE REQUESTING THE MEETING BE IN PERSON PUBLIC MEETING FOR PEOPLE TO ATTEND.

SECOND REQUEST.

MOST IMPORTANT, BASED ON THESE FAILURES BY THE CITY OF CARLSBAD.

WE REQUEST THE CITY CARLSBAD.

AND YOU'RE REALLY GOOD AT PROCLAMATIONS.

I HEARD THEM EARLIER. THEY'RE GREAT.

WE REQUEST A PROCLAMATION IN HONOR OF ANTHONY [INAUDIBLE], LARRY [INAUDIBLE], AND NOEL [INAUDIBLE]. OUR REQUEST A CARLSBAD CITY FREE SPEECH PROCLAMATION.

THE PROCLAMATION DEDICATING JULY 9TH, THE DAY CORI SCHUMACHER ANNOUNCED HER RESIGNATION TO THE FREEDOM OF SPEECH IN CARLSBAD IN RECOGNITION OF ANTHONY [INAUDIBLE], LARRY [INAUDIBLE] AND NOEL [INAUDIBLE] FOR THEIR DEDICATION.

THEY'RE STANDING UP.

THEY'RE FIGHTING BACK AGAINST A CITY COUNCIL MEMBER WHO ABUSED THE LEGAL SYSTEM, RECOGNIZING THE TOLL ON THEIR FINANCIAL AND PERSONAL LIVES, RECOGNIZING THE UNFAIR, EXPENSIVE AND EXPENSES THEY'RE PLACED ON THESE MEN, RECOGNIZING FREE SPEECH IN CARLSBAD, IN CLOSING. LET JULY 9TH BE THE INSPIRATION TO START A NEW BEGINNING IN CARLSBAD.

WE, THE PEOPLE, WE THE PEOPLE ARE LISTENING.

WE THE PEOPLE ARE WATCHING.

AND WE THE PEOPLE WILL NEVER REMAIN SILENT AGAIN.

[APPLAUSE] NEXT SPEAKER IS LINDA DANIELS.

MAYOR, CITY COUNCIL, I'M LINDA DANIELS AND A MEMBER OF THE SIERRA CLUB [INAUDIBLE] AND A 20 YEAR RESIDENT OF NORTH COUNTY, AN EIGHT YEAR RESIDENT OF CARLSBAD DISTRICT WHERE MR. BLACKBURN IS. I AM PLEASED AND PROUD THAT THE CITY OF CARLSBAD HAS MADE SOME EFFORT TO ADDRESS THE ISSUE OF CLIMATE CHANGE BY THE ORDINANCE OF THE WATER PUMP HEATERS IN ALL NEW RESIDENCES. BUT THE CLIMATE IS HEATING FASTER THAN WE THOUGHT POSSIBLE, AND THE ICE CAPS ARE MELTING FASTER AND TEMPERATURES ARE RISING FASTER.

AS CARLSBAD DOES NOT HAVE AN ENVIRONMENTAL COMMISSION, WE MUST RELY ON STAFF AND THEY TRACK OUR GHG EMISSIONS.

AND FOR THE PUBLIC LIKE ME TO COME HERE AND ASK FOR YOUR HELP, WE NEED TO DECLARE A CLIMATE EMERGENCY.

THE FIRST SUCH DECLARATION WAS MADE IN DECEMBER 2016, FIVE YEARS AGO, ALMOST FIVE YEARS AGO. SINCE THEN, OVER 1800 LOCAL GOVERNMENTS, 33 COUNTRIES HAVE MADE CLIMATE EMERGENCY DECLARATIONS.

AS OF JANUARY, ANOTHER 11,000 SCIENTISTS FROM 153 COUNTRIES.

AND AS OF APRIL, ANOTHER 21 SCIENTISTS HAVE SIGNED ON.

AND AFTER WHAT'S BEEN GOING ON THIS LAST WEEK AND TWO AND PEOPLE DYING, I THINK THERE'LL BE MORE. THE PUBLICATION SCIENCE SCIENTIFIC AMERICAN HAS AGREED WITH MAJOR NEWS OUTLETS WORLDWIDE TO START USING THE TERM CLIMATE EMERGENCY IN ITS COVERAGE OF CLIMATE CHANGE.

AS THE ARTICLE SAID, THE ADVERSE EFFECTS OF CLIMATE CHANGE ARE MUCH MORE SEVERE THAN EXPECTED AND NOW THREATEN BOTH THE BIOSPHERE AND HUMANITY.

EVERY EFFORT MUST BE MADE TO REDUCE EMISSIONS AND INCREASE REMOVAL OF ATMOSPHERIC CARBON IN ORDER TO RESTORE THE MELTING ARCTIC AND THE DEADLY CYCLE OF DAMAGE THAT THE CURRENT CLIMATE IS DELIVERING.

THIS IS A STATEMENT OF SCIENCE, NOT POLITICS.

THOUSANDS OF SCIENTISTS HAVE STATED HUMANITY FACES A CLIMATE EMERGENCY.

WHY THE WORD EMERGENCY? BECAUSE WORDS MATTER TO PRESERVE A LIVABLE PLANET.

HUMANITY MUST TAKE ACTION IMMEDIATELY.

FAILURE TO SLASH THE AMOUNT OF CARBON IN THE ATMOSPHERE WILL MAKE THE EXTRAORDINARY HEAT STORMS WE'VE HAD THE WILDFIRES, THE ICE MELT OF 2020 ROUTINE AND COULD RENDER A SIGNIFICANT PORTION OF THE EARTH UNINHABITABLE.

THAT'S WHAT THEY WARNED IN THE JANUARY SCIENTIFIC AMERICAN ARTICLE.

WHAT DO WE NEED TO DO TO LIMIT GLOBAL WARMING AND ACT ON THE CLIMATE EMERGENCY TO PREVENT

[00:30:01]

TEN YEARS AGO, IF WE HAD DONE IT, WE ONLY HAD TO DO A THREE POINT THREE PERCENT.

AND EVERY YEAR IT'S GOING TO INCREASE, INCREASE AND INCREASE.

WE NEED DEEP REDUCTIONS IN METHANE.

WE NEED TO CONSERVE AND RESTORE NATURAL SPACES, AND WE NEED TO DECLARE A CLIMATE EMERGENCY FOR THE CITY OF CARLSBAD.

THANK YOU FOR YOUR TIME. LARRY [INAUDIBLE].

LADIES AND GENTLEMEN, LADIES AND GENTLEMEN, PLEASE, WE WOULD PREFER YOU DO NOT CLAP DURING PUBLIC COMMENT. SO LET'S JUST LEAVE THE TIME FOR SPEAKERS, PLEASE.

GOOD EVENING, MAYOR HALL, MAYOR PRO TEM BLACKBURN, COUNCIL MEMBERS.

CELIA, IT'S ALWAYS GOOD TO SEE YOU BACK, BUT SORRY ABOUT THE FOOT OR THE LEG AND.

BARBARA, A GREAT CITY CLERK.

ANYWAY, WE LIVE IN INTERESTING TIMES.

AND WITH ALL OF US HAVING TO GO THROUGH AN HISTORIC PANDEMIC, POLITICAL TURMOIL.

AND THE RESULTING FINANCIAL MELTDOWN DOES NOT EVEN IN DISTANCE PAST.

SO IT'S WITH INCREASING ALARM THAT I SEE THE CITY HAS BEEN AND IS CONTINUING TO DO SO, DO SO ON A SPENDING SPREE.

CARLSBAD HAS HIRED OVER 70 EMPLOYEES OVER THE LAST COUPLE OF BUDGET CYCLES.

THIS IS UNPRECEDENTED.

AND NOT ACCEPTABLE.

ALL ALONG MAJOR ARTERIES THROUGHOUT CARLSBAD, YOU CAN SEE VACANT OFFICE BUILDINGS AND CLOSED BUSINESSES, OUR VILLAGE BUSINESS THE ONE THAT'S STILL, THAT ARE STILL OPEN, ARE STILL BLEEDING. OUR VILLAGE.

OH, SORRY, THERE'S NO WAY OUR BUSINESS COMMUNITIES ARE GOING TO JUST SURVIVE THE MONTHS AHEAD IN YEARS, THE YEARS AND MONTHS AHEAD WITH COVID RELIEF, THIS IS GOING TO BE A FIVE YEAR BATTLE TO GET BACK TO NORMAL, FIVE YEARS.

YOU JUST DON'T MISS ONE WEEKEND AND EXPECT TO MAKE IT UP ON THE NEXT WEEKEND IF YOU'RE A BUSINESS. EVEN WITH THE OPENING OF OUR SMALL BUSINESS.

AT ONLY 50 TO 60 PERCENT OF THE CAPACITY BECAUSE THEY CAN'T FIND ENOUGH EMPLOYEES TO FILL THEIR STAFF, SO THEY'RE NOT GOING TO MAKE ANY MONEY, PEOPLE AREN'T GOING TO WORK.

WHEN CITIZEN, OK.

SO I REQUEST THAT THE COUNCIL STAFF HALT HIRING ASAP.

TAKE A DEEP BREATH BEFORE THIS ILL ADVISED EXPANSION GETS OUT OF CONTROL AND IT WILL.

I MUST SAY THAT THE COUNCIL FAILED MISERABLY.

AND I MEAN MISERABLY.

ONE OF YOUR OWN HAD AN EMOTIONAL ISSUES THAT NEEDED HELP.

DID ANYBODY IN THE COUNCIL OFFER ANY? THE ANSWER IS NO.

BECAUSE WE HAD A MELTDOWN HERE.

WHEN CITIZENS ARE HARASSED AND FALSELY ACCUSED IN A POLICE REPORT, COURT APPEARANCES.

WHAT DOES A COUNCIL DO? NOTHING. FEEL LIKE A.

YOUNG FRANKENSTEIN HERE, YOU PEOPLE ALLOW THIS TRAVESTY WITHOUT DOING YOUR JOBS AND PROTECTED THE CITIZENS AND THEIR FIRST AMENDMENT RIGHTS.

SO I'M GOING TO TAKE TIME TO READ IT REAL QUICK.

FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION PREVENTS THE GOVERNMENT FROM MAKING LAWS WHICH REGULATE THE ESTABLISHMENT OF RELIGION OR WOULD PROHIBIT THE FREE EXERCISE OF RELIGION OR BRIDGE THE FREEDOM OF SPEECH.

AND THE FREEDOM OF PRESS AND THE FREEDOM IS.

THANK YOU. THAT'S OUR 15 MINUTES.

OK, AND WE HAVE HOW MANY SPEAKERS LEFT? OK, WELL, WE'LL PICK THOSE TWO UP AT THE END.

MOVING ON TO THE CONSENT CALENDAR ITEMS ONE THROUGH NINE.

[CONSENT CALENDAR]

SO WE WILL PULL ITEM FOUR.

IS THERE ANY OTHER ITEMS THAT YOU WOULD LIKE TO HAVE PULLED? SO IS ITEM FOUR, WE HAVE A SPEAKER, SO CAN YOU HAVE A MOTION ON THE? MOVE APPROVAL OF THE CONSENT CALENDAR ITEMS NUMBER ONE THROUGH NINE WITH THE EXCEPTION OF FOUR.

SECOND.

PLEASE VOTE. THAT PASSES UNANIMOUSLY.

ITEM FOUR PURCHASE OF 100 MILLION DOLLAR OF PROPERTY INSURANCE COVERAGE.

[4. PURCHASE OF $100 MILLION OF PROPERTY INSURANCE COVERAGE THROUGH AON]

SECOND. PLEASE VOTE.

[00:35:02]

MOVING ON, THERE'S NO ORDINANCES FOR INTRODUCTION OR ADOPTION.

WE'RE GOING TO PUBLIC HEARINGS.

[10. FISCAL YEAR 2021-22 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1, A SPECIAL ASSESSMENT DISTRICT]

DISCLOSURES? SEEING EVERYONE SHAKE THEIR HEAD NO, MR. CHADWICK. GREAT.

THANK YOU, SIR. AND MAKING THE PRESENTATION THIS AFTERNOON WILL BE OUR ASSISTANT FINANCE DIRECTOR, MS. ROXANNE MUHLMEISTER AS WELL AS OUR ASSISTANT TO THE TREASURER, JASON [INAUDIBLE].

GOOD EVENING, MAYOR HALL MAYOR, PRO TEM AND COUNCIL MEMBERS.

IT IS GOOD TO BE BACK IN PERSON TONIGHT.

WE ARE HERE TO PRESENT THE ANNUAL ASSESSMENT PUBLIC HEARINGS FOR OUR STREET LIGHTING AND LANDSCAPE DISTRICTS NUMBER ONE AND NUMBER TWO.

AND I'D LIKE TO INTRODUCE JASON [INAUDIBLE], ASSISTANT TO THE TREASURER, TO GIVE THE PRESENTATION TONIGHT. AND THANK YOU, ROXANNE.

GOOD EVENING, MAYOR HALL MAYOR, PRO TEM AND CITY COUNCIL MEMBERS.

AT THE CITY COUNCIL MEETING EIGHT WEEKS AGO ON MAY 18TH, COUNCIL ADOPTED A RESOLUTION THAT INITIATED THE PROCEEDINGS FOR THE CITY'S STREET LIGHTING AND LANDSCAPING DISTRICTS NUMBER ONE AND TWO FOR THE FISCAL YEAR 2021, 22.

APPROVED THE PRELIMINARY ENGINEER'S REPORT AND SET TONIGHT'S PUBLIC HEARINGS.

TONIGHT, I WILL BRIEFLY SUMMARIZE THE ENGINEER'S REPORTS FOR BOTH DISTRICTS.

AT THE CONCLUSION OF MY PRESENTATION TO SEPARATE PUBLIC HEARINGS.

NEED TO. WILL NEED TO BE CONDUCTED ONE FOR DISTRICT ONE AND ONE FOR DISTRICT TWO.

AFTER THE PUBLIC HEARINGS, COUNCIL WILL BE ASKED TO APPROVE A RESOLUTION TO APPROVE THE FINAL ENGINEER'S REPORT AND SET THE ANNUAL ASSESSMENTS FOR BOTH DISTRICTS.

THERE ARE THREE IMPROVEMENT MAINTAINED WITHIN DISTRICT ONE.

THERE IS THE STREET LIGHTING IMPROVEMENT ZONE, THESE STREET TREES IMPROVEMENT ZONE AND THE MEDIAN LANDSCAPING IMPROVEMENT ZONE.

THE CITYWIDE IMPROVEMENT ZONES DEFINE THE AREAS THAT ARE MAINTAINED AND SERVICED IN THE DISTRICT, AND THEY CONSIST OF OVER 7300 STREETLIGHTS.

SIXTY EIGHT ACRES OF LANDSCAPED MEDIANS, NINE ACRES OF PARKWAYS AND LANDSCAPED POCKETS, AND OVER ELEVEN THOUSAND NINE HUNDRED TREES IN THE PUBLIC RIGHT OF WAY.

THIS CHART SUMMARIZES THE FUNDING SOURCES AND TOTAL COST ESTIMATE FOR EACH IMPROVEMENT IN DISTRICT NUMBER ONE FOR THE COMING FISCAL YEAR.

ASSESSMENTS IN EACH ZONE ARE COLLECTED ANNUALLY FROM PROPERTY OWNERS.

THE STREET LIGHTING FUND REPRESENTED IN THE FIRST COLUMN WILL RECEIVE A GENERAL BENEFIT CONTRIBUTION OF JUST OVER A HUNDRED AND THIRTEEN THOUSAND DOLLARS FROM THE CITY'S GENERAL FUND. THE GENERAL BENEFIT IS THE SHARE OF BENEFITS RECEIVED FROM AN IMPROVEMENT THAT DOES NOT PROVIDE A SPECIAL BENEFIT TO THE ASSESSED PROPERTIES.

ONLY SPECIAL BENEFITS CAN BE ASSESSED TO THE PROPERTY OWNERS, WHICH IS WHY THE GENERAL BENEFIT IS PAID BY THE CITY'S GENERAL FUND.

FOR STREET LIGHTING. THE CITY HAS DETERMINED THAT THE GENERAL BENEFIT IS EXCLUSIVELY THE CITY'S ARTERIAL ROADWAYS.

ALL THREE FUNDS, ALL THREE ZONES, EXCUSE ME, RECEIVE A CONTRIBUTION FROM THE CITY'S LIGHT AND LANDSCAPING DISTRICT NUMBER TWO.

THAT. THAT CONTRIBUTION IS FROM WORK BEING DONE ON THOSE IMPROVEMENTS IN THE DISTRICT, BECAUSE ALL COSTS FOR THE MAINTENANCE ARE CHARGED THROUGH DISTRICT NUMBER ONE, THE CONTRIBUTION FROM DISTRICT NUMBER TWO IS MADE TO REIMBURSE DISTRICT NUMBER ONE FOR THOSE COSTS ATTRIBUTABLE TO DISTRICT NUMBER TWO.

TOTAL REVENUES AND ACCUMULATED FUNDS RESERVES IN BOTH THE STREET TREES AND MEDIAN LANDSCAPING FUNDS WILL NOT BE SUFFICIENT TO COVER ANTICIPATED COSTS FOR THE UPCOMING FISCAL YEAR. IN ORDER TO MAINTAIN THE SAME LEVEL OF MAINTENANCE WITHIN EACH OF THESE ZONES. THE CITY HAS HISTORICALLY RELIED ON GENERAL FUND OPERATING TRANSFERS TO MAKE UP THE DEFICIT. THE TREES AND MEDIANS FUNDS WILL RECEIVE CASH TRANSFERS OF 240,000 AND 950,000 DOLLARS, RESPECTIVELY, IN THE NEW FISCAL YEAR.

THESE TRANSFERS WERE RECENTLY APPROVED BY THE CITY'S OPERATING BUDGET FOR THE FISCAL YEAR. THE ASSESSMENT FOR A SINGLE FAMILY PARCEL IN DISTRICT ONE HAS BEEN SEVENTY DOLLARS AND 44 CENTS FOR THE LAST 25 FISCAL YEARS AND IS PROPOSED TO BE THE SAME FOR FISCAL YEAR 2021-22.

RATES HAVE NOT INCREASED IN THIS TIME BECAUSE THE DISTRICT WAS FORMED IN 1983 WITHOUT AN ALLOWABLE RATE INFLATOR.

AFTER THE 1996 PASSAGE OF THE RIGHT TO VOTE ON TAXES ACT, OTHERWISE KNOWN AS PROPOSITION 218, A NOTICE AND BALLOT MUST BE SENT TO EACH ASSESSED PROPERTY OWNER AND MAJORITY OF THE BALLOTS RECEIVED BACK MUST APPROVE THE PROPOSED INCREASE FOR ASSESSMENTS.

MOVING ON TO DISTRICT TWO.

DISTRICT TWO WAS FORMED IN 2003 FOR THE NEW DEVELOPMENTS OF THE CITY TO PAY FOR IMPROVEMENTS FOR STREET LIGHTING, STREET TREES AND MEDIAN LANDSCAPING.

[00:40:02]

THERE ARE CURRENTLY 15 BENEFIT DEVELOPMENT ZONES LOCATED THROUGHOUT THE CITY.

IN EACH OF THE DEVELOPMENT ZONES IN DISTRICT TWO A MAXIMUM, AN ACTUAL ASSESSMENT IS CALCULATED ON AN ANNUAL BASIS.

THESE RATES ARE SHOWN IN THE FIRST TWO COLUMNS OF THE CHART.

THE MAXIMUM ANNUAL ASSESSMENTS CAN INCREASE AN ANNUAL INCREASE IN LINE WITH CONSUMER PRICE INDEX FOR THE SAN DIEGO REGION.

THE LAST COLUMN ON THE TABLE SHOWS THE DOLLAR CHANGE IN THE ANNUAL ACTUAL ASSESSMENT OVER THE PRIOR FISCAL YEAR.

IN A MAJORITY OF THESE ZONES, THE HOMEOWNERS ASSOCIATION HAS OPTED TO MAINTAIN ALL OR A PORTION OF THE IMPROVEMENTS.

IN THESE ZONES WHERE THE HOA IS MAINTAINING THESE IMPROVEMENTS, THE RATES ARE MUCH LOWER.

THE ASSESSMENTS, THE ASSESSMENT AMOUNTS VARY BETWEEN ZONES IN THIS DISTRICT, DEPENDING ON THE DENSITY AND THE AMOUNT AND TYPES OF IMPROVEMENTS BEING MAINTAINED BY THE CITY WITHIN EACH DEVELOPMENT. AND THAT CONCLUDES MY REPORT ON THE DISTRICTS, I'D BE HAPPY TO ANSWER ANY QUESTIONS BEFORE PUBLIC COMMENT.

THANK YOU. ANY QUESTIONS BEFORE THE PUBLIC? WITH THAT, I WOULD LIKE TO OPEN UP THE PUBLIC TESTIMONY ON ITEM 10, DISTRICT ONE, ANYONE WISHING TO SPEAK ON THIS ITEM? SEEING NO ONE, I'LL CLOSE THE PUBLIC TESTIMONY AND WE'LL GO AHEAD AND VOTE ON THIS ITEM, THEN GO TO THE NEXT ONE. SO WITH THAT, IS THERE ANY COMMENT ON ITEM 10 FROM THE COUNCIL SO WE COULD HAVE A MOTION ON ITEM 10? MOVE ADOPTION OF THE RESOLUTION CONTAINED IN AGENDA ITEM NUMBER 10.

SECOND. PLEASE VOTE.

ITEM 10 PASSES UNANIMOUSLY, ITEM 11.

[11. FISCAL YEAR 2021-22 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, A SPECIAL ASSESSMENT DISTRICT]

IS THERE ANYONE IN THIS AUDIENCE WISHING TO SPEAK TO ITEM NUMBER 11 DISTRICT TWO.

SEEING NO ONE, I'LL CLOSE THE PUBLIC TESTIMONY AND BRING IT BACK TO THE COUNCIL, ANY COMMENT ON THIS ITEM? WITH THAT CAN WE HAVE A MOTION? MOVE ADOPTION OF THE RESOLUTION CONTAINED IN AGENDA ITEM NUMBER 11.

SECOND. PLEASE VOTE.

THAT PASSES UNANIMOUSLY.

MOVING RIGHT ALONG TO ITEM 12 CREDIT CARD FEES, MR.

[12. CREDIT CARD FEES]

GOOD EVENING MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS.

I'M HERE TONIGHT TO HOLD A PUBLIC TO ASK YOU TO HOLD A PUBLIC HEARING ON THAT WOULD ADD A TWO PERCENT CREDIT CARD FEE FOR TRANSIENT OCCUPANCY TAX, BUSINESS LICENSE, TAX AND DEVELOPMENT FEE PAYMENTS TO THE MASTER FEE SCHEDULE.

BUT FIRST, A BIT ABOUT HOW WE GOT HERE.

AND THE CITY'S INTERNAL AUDITOR DURING AN AUDIT OF TRANSIENT OCCUPANCY TAX IDENTIFIED THAT SOME LARGE PAYMENTS WERE BEING MADE VIA CREDIT CARD AND THAT THE CITY WAS PAYING A DECENT AMOUNT FOR THOSE FEES.

ON MARCH 16TH, THE CITY COUNCIL ASKED STAFF TO CONSIDER AND PROPOSE OPTIONS FOR THE CITY COUNCIL TO CONSIDER ADDING A CREDIT CARD FEE TO CERTAIN TRANSACTIONS.

ON JUNE EIGHTH, STAFF PRESENTED THOSE OPTIONS, AND THE CITY COUNCIL CONSIDERED MANY, MANY OF THOSE OPTIONS. AND TODAY WE'RE HERE TO HOLD THE PUBLIC HEARING AS WE WERE REQUESTED TO COME BACK AND HOLD A PUBLIC HEARING.

BUT FIRST, THE CONSIDERATIONS THAT WERE THAT WERE DISCUSSED ON THE JUNE 8TH MEETING, THEY INCLUDED A VARIETY OF DIFFERENT TYPES OF TRANSACTIONS THAT THE CITY ALLOWS.

THE TRANSACTION VOLUMES OF THOSE SPECIFIC TRANSACTIONS AND THE VALUES OF THOSE TRANSACTIONS, AS WELL AS THE PUBLIC VERSUS PRIVATE BENEFIT.

IT WAS CONSIDERED THE SYSTEM LIMITATIONS WERE CONSIDERED AS WELL, AND THE FEASIBILITY OF IMPLEMENTING DIFFERENT FEE STRUCTURES.

ALSO, THE WHAT OTHER AGENCIES ARE DOING WAS CONSIDERED, AS WELL AS THE POTENTIAL EFFECTS OF CHARGING A FEE, CONSIDERING THE EFFICIENCY OF CITY OPERATIONS, EFFICIENCY AND COST TO CITY'S CUSTOMERS, AND THE POSSIBILITY THAT CUSTOMERS WOULD USE AN ALTERNATIVE PAYMENT METHOD IF A CITY FEE IS CHARGED.

WITH THAT IN MIND, THE CITY COUNCIL REQUESTED THAT STAFF BRING BACK SOME ADDITIONAL INFORMATION. WE WERE REQUESTED TO BRING BACK VALUE AND VOLUME INFORMATION REGARDING THE SPECIFIC TRANSACTION TYPES.

SO IN THIS CHART YOU SEE ON THE LEFT SIDE, BUSINESS LICENSE AND DEVELOPMENT FEE TRANSACTIONS ARE GROUPED TOGETHER AND THEN TRANSIENT OCCUPANCY TAXES ARE BELOW THAT.

THAT'S BECAUSE THE FIRST TWO BUSINESS LICENSE TAX AND DEVELOPMENT FEES ARE TRANSACTED

[00:45:03]

AND SO THEY'RE GROUPED TOGETHER.

THE IMPORTANT ELEMENT HERE THAT YOU'LL NOTICE IS THE AMOUNTS AT THE DOLLAR VALUES AND THE NUMBER OF TRANSACTIONS PAID BY CHECK AND PAID BY CREDIT CARD.

SOME INTERESTING THINGS POP OUT.

AND WHAT THIS INFORMATION WAS USED TO DETERMINE WAS THE AVERAGE COST OF A TRANSACTION PAID BY A CREDIT CARD.

SO WHEN YOU MULTIPLY OR DIVIDE THE TOTAL DOLLAR VALUE BY THE NUMBER OF TRANSACTIONS, YOU GET AN AVERAGE TRANSACTION VALUE OF A BUSINESS LICENSE TAX OR DEVELOPMENT FEE OF AROUND SIX HUNDRED DOLLARS.

AND FOR TRANSIENT OCCUPANCY TAX, WHICH IS WHERE THIS WAS IDENTIFIED IN THE INTERNAL AUDIT, IT WAS OVER 6000 DOLLARS PER TRANSACTION.

NOW, THAT'S VERY IMPORTANT BECAUSE WHEN WE WE WERE ALSO ASKED TO CALCULATE THE ESTIMATED COST TO PROCESS PAYMENTS.

AND IN ORDER TO DO THAT, A BIG FACTOR FOR THE AMOUNTS PAID BY CREDIT CARD WAS THE TWO PERCENT MERCHANT FEE THAT IS ASSOCIATED WITH THOSE TRANSACTION VALUES.

AND SO WHAT WHAT WE HAVE HERE ARE THE SAME TYPES OF TRANSACTION TYPES ON THE LEFT SIDE.

AND WHAT WE DID WAS A MINUTE STUDY OR A TIME TRIAL OF WHAT NEEDS TO BE DONE TO PROCESS EACH ONE OF THESE TRANSACTIONS.

SO, FOR INSTANCE, FOR BUSINESS LICENSE TAX, WE HAVE AN ACCOUNT CLERK TWO THAT PROCESSES.

AND IN ORDER TO DO IT FOR A PAYMENT MADE BY A CHECK, THEY'VE GOT TO PICK UP THE MAIL, OPEN THE MAIL DATE AND TIME STAMP IT AND DO ALL OF THESE PROCESSES HERE.

SO WE LOOKED AT THAT AND THE BURDEN RATE OF EACH OF THOSE EACH OF THOSE THAT TIME.

AND WE DID THE MATH AND THAT'S WHERE WE GOT THE TWENTY FOUR DOLLARS.

SO IT IS FOR THE CITY CHEAPER TO ACCEPT A CREDIT CARD PAYMENT BY OR FOR A BUSINESS LICENSE TAX WHEN THE AVERAGE OF SIX HUNDRED DOLLARS, WHICH IS THE PROPENSITY OF THE THE COST TO THE CITY FOR PROCESSING THAT TRANSACTION, WHERE YOU SEE HERE YOU SEE THAT SIX HUNDRED DOLLARS TIMES TWO PERCENT, WHICH IS THE MERCHANT FEE, AMOUNTS TO ABOUT TWELVE DOLLARS. SO THERE IS A BREAK EVEN POINT WHEN AS THE DOLLAR VALUES GO UP ON A CREDIT CARD TRANSACTION WHERE IT CAN AND IS NOT.

OPTIMAL FOR THE CITY TO ACCEPT A CREDIT CARD FEE.

WE DID DISCUSS SYSTEM LIMITATIONS AT THE LAST MEETING WHERE WE COULDN'T IMPOSE A MINIMUM CHARGE OR A MAXIMUM FOR SOME OF THESE TRANSACTIONS AS WE ARE OPENING THEM UP TO TO ONLINE PAYMENTS. AND OUR SYSTEMS DO HAVE THAT LIMITATION.

SO THIS WAS THE INFORMATION THAT WE WERE REQUESTED TO PROVIDE.

AND AT THIS POINT, THE RECOMMENDED ACTION IS TO HOLD A PUBLIC HEARING THAT WOULD ADD A TWO PERCENT CREDIT CARD FEE FOR TRANSIENT OCCUPANCY TAX, BUSINESS LICENSE TAX AND DEVELOPMENT FEE PAYMENTS TO THE MASTER FEE SCHEDULE AND AT THE COUNCIL'S DISCRETION AFTER THE PUBLIC HEARING TO ADOPT A RESOLUTION ADDING THE FEE TO THE CITY'S MASTER FEE SCHEDULE, WHICH WOULD HAVE AN EFFECTIVE DATE OF SEPTEMBER 13TH.

WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS OF STAFF? YES, COUNCIL MEMBER ACOSTA.

THANK YOU. I REMEMBER WHEN WE LAST HAD THIS CONVERSATION, WE ALSO TALKED ABOUT WORKING WITH THE BANKS TO SEE IF WE COULD GET A BETTER DEAL BECAUSE THE MERCHANT FEES SEEMED A LITTLE HIGH AND VARIABLE.

SO I WAS WONDERING WHAT YOU FOUND OUT WHEN YOU LOOKED INTO THAT.

ABSOLUTELY. AND SO A LITTLE BIT MORE BACKGROUND ON THAT, THE CITY.

THE CITY JOINED, GOT INTO ITS CONTRACT WITH BANK OF AMERICA, ENTERED INTO THAT CONTRACT ON FEBRUARY 13TH, 2018, AND THAT WAS AFTER A PFM ASSET MANAGER AIDED IN GOING THROUGH PROPOSALS TO MAKE SURE THAT THE CITY GOT THE BEST DEAL POSSIBLE.

THEY ANALYZED PROPOSALS FROM 10 DIFFERENT BANKS AND THEY CONSIDERED THE BANKING CHARGES, MERCHANT SERVICES AND CUSTODY CHARGES.

AND WHAT WE'RE REALLY ANALYZING HERE TODAY IS THE TWO PERCENT INTERCHANGE FEE, WHICH IS IMPOSED BY VISA, MASTERCARD, AMERICAN EXPRESS.

AND THOSE ARE PRETTY SET BY THE INDUSTRY.

AND AND THAT'S THE MAJORITY OF THE CHARGE THAT WE'RE GETTING HERE.

THAT DEPENDS ON THE THOSE SET FEES ARE DEPENDENT UPON THE TYPES OF CARDS THAT ARE USED.

SO SOMEONE WITH A HIGH VALUE OR HIGH POINT CARD WOULD THERE WOULD BE A HIGHER SET INTERCHANGE FEE.

AND THAT IS JUST THE COST OF DOING BUSINESS VIA A CREDIT CARD.

TO THE CITY. IT'S INCURRED OVER THE APPROXIMATELY THE PAST 12 MONTHS, AROUND THREE HUNDRED AND FORTY THOUSAND DOLLARS IN CREDIT CARD FEES FOR THAT SPECIFIC INTERCHANGE FEE.

[00:50:03]

AND WE DID. WE GOT A COMPARISON THAT'S IN LINE WITH CITY OF ORANGE COUNTY, CITY OF SAN JOSE. IT IS A VERY COMPARABLE RATE THAT WE'RE RECEIVING THERE.

SO REALLY, THE THE AMOUNT THAT WE'RE TALKING ABOUT IS THE SET INTERCHANGE FEES THAT VISA, MASTERCARD AND OTHER OTHER CREDIT CARD COMPANIES ARE SETTING.

AND WE'RE PAYING EFFECTIVELY FOR THE POINTS THAT FOLKS ARE GETTING.

THANK YOU FOR THE RESPONSE.

THAT WAS VERY HELPFUL. AND JUST TO CLARIFY ONE MORE TIME, I KNOW WE TALKED ABOUT THIS BEFORE, BUT THIS IS MAYBE A NEW AUDIENCE, NEW VIEWERS.

WHEN WE TALKED ABOUT THAT TWO PERCENT, WE TALKED ABOUT IT BEING THE AVERAGE AND NOT MORE THAN OUR COSTS, RIGHT? ABSOLUTELY. SO WE HAD FOUND WHEN WE LOOKED AT THE AVERAGE COST THAT THE CITY INCURS FOR FOR ANY CREDIT CARD FEE, IT WAS TWO POINT THREE FIVE PERCENT.

AND THAT'S WHY THE PROPOSAL WAS TWO PERCENT, BECAUSE WE ARE NOT ALLOWED TO RECOUP MORE THAN THE COSTS THAT WE INCUR FOR ANY OF THESE TYPES OF TRANSACTIONS.

ANY OTHER QUESTIONS, DR.

BHAT-PATEL? YEAH, JUST ONE, THANKS FOR THE PRESENTATION.

HAVE WE RECEIVED ANY PROTESTS REGARDING THIS? NO, WE HAVE NOT. OK, GREAT.

THANK YOU. SO GOING BACK TO THE SLIDE WHERE YOU SHOW THE DIFFERENTIAL IN COST.

YES. SO IS THERE A REASON WHY WE COULDN'T JUST USE IT FOR TRANSIENT OCCUPANCY TAX AND LET THE OTHERS RIDE? THERE IS NO REASON.

THAT IS FEASIBLE BECAUSE THAT IS IN A SEPARATE SYSTEM.

AND WE COULD ABSOLUTELY DO THAT.

OK. SO, OK.

IS THERE ANY PUBLIC COMMENT ON THIS? I HAVE NO SPEAKERS, MAYOR.

OK, I WOULD JUST LIKE TO SUGGEST TONIGHT IS A COMPROMISE AND I PERSONALLY, I THINK ALL BUSINESS, IF WE'RE GOING TO CHARGE.

OK, IS THERE ANYBODY IN THE AUDIENCE WISHING TO SPEAK ON THIS ITEM? I'D LIKE TO OPEN THE PUBLIC HEARING, SEEING NONE.

THEN I'LL CLOSE THE PUBLIC HEARING AND COME BACK TO THE COUNCIL.

I PERSONALLY THINK THAT IF WE'RE GOING TO USE, YOU KNOW, TAKE MONEY THROUGH A CREDIT CARD, THEN WE SHOULD BE ABLE TO ABSORB THIS.

BUT IF IF THAT ISN'T THE WILL OF THE COUNCIL, THEN I WOULD STRONGLY URGE THAT, YOU KNOW, IT'S IT MAKES MORE SENSE FOR US TO JUST CHARGE THE TRANSIENT OCCUPANCY TAX OF TWO PERCENT VERSUS THE OTHERS. BUT I WOULD LIKE TO HEAR EVERYBODY'S COMMENT ON THAT.

SO MS. ACOSTA DO YOU WANT TO START IT OFF OR WHAT ARE YOUR THOUGHTS? YEAH, I'D BE HAPPY TO GO FIRST.

WHEN WE PREVIOUS PREVIOUSLY DISCUSSED THIS ITEM, I WAS PRETTY CLEAR ABOUT THE IMPORTANCE OF ADOPTING NEW TECHNOLOGY AND NOT TURNING FOLKS AWAY, ESPECIALLY SMALL BUSINESSES AND RESIDENTS WHO MIGHT FIND IT EASIER TO PAY MORE IN A MORE TIMELY MANNER AND NOT HAVE A LATE BILL PAID BY USING THE CREDIT CARD SYSTEM.

AND I THINK THAT THAT'S VERY IMPORTANT.

WE DON'T WANT TO DISSUADE PEOPLE FROM USING CREDIT CARDS.

I ALSO THINK THAT COMING OUT OF THE PANDEMIC, WE HAVE TO BE VERY CONSIDERATE OF OUR IMPACTS ON BUSINESSES AND ON RESIDENTS, JUST PEOPLE HAVING A LITTLE BIT OF A TIGHTER TIME MORE RECENTLY. SO I UNDERSTAND THAT WE'VE BEEN COVERING THESE THESE COSTS FOR THE CREDIT CARD TRANSACTIONS.

AND WHEN WE BROUGHT THIS THIS ITEM BACK, WE BROUGHT IT BACK NOT FOR RESIDENT FEES, BUT REALLY LOOKING AT THESE THESE PARTICULAR PAYMENT TYPES AS KIND OF A COMPROMISE SOLUTION.

AND I DO THINK THAT GOING EVEN EVEN FURTHER TO LOOK AT JUST THE ONES THAT ARE TOO EXPENSIVE THAT THAT WE ARE WE'RE COVERING MORE THAN WE OUGHT TO IN TERMS OF THE CREDIT CARD FEE, THE TOT, AS YOU CAN SEE ON THIS CHART RIGHT HERE, THE OTHERS BREAK EVEN THE BUSINESS LICENSE TAX AND THE DEVELOPMENT FEE SEEMS TO BE NOT TOO MUCH OF A COST FOR US TO ABSORB THAT THAT ADDITIONAL TRANSACTION FEE.

BUT FOR THE TOT, IT DOES SEEM LIKE WE'RE WE'RE SHELLING OUT A BIT MORE THAN WE OUGHT TO.

SO I THINK THAT IT WOULD BE A GOOD COMPROMISE SOLUTION TO JUST LOOK AT THE TOT FOR THE TWO PERCENT COST AND JUST THAT ONE.

DR. BHAT-PATEL.

SURE. SO REALLY, REALLY QUICKLY, THIS MIGHT BE A FOLLOW UP QUESTION IN SOME SENSE BASED ON THE COMPROMISE PRESENTED, IF WE DID DECIDE TO MOVE FORWARD ON THE TOT ASPECT OF THINGS.

IS THERE A POSSIBILITY FOR US TO PHASE THAT? I KNOW WE WERE TALKING ABOUT POTENTIALLY, YOU KNOW, MOVING AHEAD WITH MAKING THIS EFFECTIVE ON SEPTEMBER 13TH.

AND I UNDERSTAND THAT IT'S PART OF THE CITY'S MASTERPIECE SCHEDULE.

HOWEVER, GIVEN THE IMPACTS THAT IT WOULD HAVE ON THOSE PAYING THOSE TAXES AND NAVIGATING

[00:55:06]

I WOULD LIKE TO TO CELIA TO SEE IF THERE'S ANY RESTRICTION.

I'M NOT AWARE OF ANY RESTRICTIONS ON YOUR ABILITY TO DO SO.

I WOULD REMIND THE COUNCIL THAT TOT IS MONEY THAT'S HELD IN ESCROW FOR THE CITY.

SO IT IS REALLY THE CITY'S MONEY BEING HELD IN AN ACCOUNT BY THE HOTELS, IF THAT IMPACTS YOUR THINKING. GREAT, THAT WAS THE ONLY QUESTION THANKS.

COMMISSIONER BLACKBURN. AFTER LISTENING TO THE PRESENTATION AND LISTENING TO THE OTHER COUNCIL MEMBERS, I'M FINE WITH THE COMPROMISE OF APPLYING IT JUST TO THE TOT TAX.

COULD WE HAVE A FURTHER CONVERSATION? I MIGHT AGREE WITH DR.

BHAT-PATEL JUST PUTTING THIS ALL OFF FOR A YEAR, MS. ACOSTA. YOU HAVEN'T HAD A CHANCE TO RESPOND.

I'M NOTA SURE THAT WE WE NEED TO PUT IT OFF FOR ANOTHER YEAR, LIKE WE'VE BEEN CUTTING DOWN, CUTTING DOWN, CUTTING DOWN.

I, I'M NOT SURE THAT WE NEED TO.

I THINK THAT THIS YEAR IS A BOOM YEAR ALREADY.

YOU KNOW, TRAVEL'S COME BACK WITH A VENGEANCE AND IT AND IT'S GOING TO CONTINUE DOING SO.

SO I DON'T KNOW WHY WE WOULD PUT IT OFF FOR A WHOLE ANOTHER YEAR.

I'M NOT SURE WHAT DATE WE'RE TALKING ABOUT, BUT I WOULD THINK THAT STAFF'S PROPOSED DATE WOULD BE ALL RIGHT. ANY FOLLOW UP WITH THAT, DR.

BHAT-PATEL. I'D LOVE TO HEAR WHAT MAYOR PRO TEM BLACKBURN HAS TO SAY, AND THEN I'D BE HAPPY TO FOLLOW UP. OK, I'M OPPOSED TO PUTTING IT OFF.

OUR TAXPAYERS ARE PICKING UP THE TAB FOR THE PEOPLE WHO ARE PAYING THE TOT TAX BILLS VIA CREDIT CARD, I, IF THEY DON'T WANT TO PAY THE FEES, THEY CAN PAY IT BY CHECK.

SO IT'S WE'RE NOT ENFORCING WE'RE NOT FORCING THEM TO PAY WITH A CREDIT CARD.

SO I'M OPPOSED TO WAITING ANOTHER YEAR.

DOCTOR? THAT'S A FAIR POINT, SO I'LL BE I'LL BE OPEN TO MOVING FORWARD WITH THE OPTION.

OK WITH THAT THEN MR. BLACKBURN IF YOU WANT TO MAKE MAKE THE MOTION.

I JUST LIKE TO CLARIFY THAT THE RESOLUTION BEFORE YOU PARAGRAPH TWO WOULD BE CHANGED.

WE WOULD STRIKE OUT THE WORDS BUSINESS LICENSE TAX AND DEVELOPMENT FEE TRANSACTION TO INCLUDE ONLY THE WORD TRANSIENT OCCUPANCY TAX.

YEAH. AND MY NOTE SAID THAT MY MOTION IS TO ADOPT THE RESOLUTION IN AGENDA ITEM NUMBER 12 WITH THE ONLY CHANGE THAT IT WILL APPLY ONLY TO TOT TAX.

EXCELLENT. THANK YOU.

SECOND.

PLEASE VOTE. OK, THAT ITEM PASSES UNANIMOUSLY.

MOVING ON TO ITEM 13, CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A

[13. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A FOUR-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 320 HEMLOCK AVE]

AND DO WE HAVE ANY DISCLOSURES? EVERYONE'S SHAKING THEIR HEAD NO, MR. CHADWICK. GOOD MORNING.

THANK YOU, SIR. AND MAKING OUR PRESENTATION TODAY WILL BE OUR CITY PLANNER, MR. DON NEU, ALONG WITH OUR ASSOCIATE PLANNER, MR. CHRIS GARCIA. GENTLEMEN? THANK YOU, MR. CHADWICK.

GOOD EVENING, MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS.

FOR THE RECORD, I'M CHRIS GARCIA.

I'M THE PROJECT MANAGER OF THIS APPLICATION.

THE ITEM BEFORE YOU AS AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE PERMITS TO DEMOLISH AN EXISTING SINGLE FAMILY HOME AND CONSTRUCT A FOUR UNIT CONDOMINIUM PROJECT.

AND BEFORE I BEGIN FURTHER, I WOULD LIKE TO TURN IT OVER TO THE CITY ATTORNEY TO GO OVER THE APPEAL PROCEDURE.

THANK YOU, CITY COUNCIL. I JUST WOULD LIKE TO REMIND YOU OF SOME OF OUR MUNICIPAL CODE PROVISIONS RELATED TO A PLANNING COMMISSION APPEAL.

IF THIS CITY COUNCIL WANTED TO GRANT THE APPEAL, IT WOULD NEED TO DETERMINE THAT THERE WAS AN ERROR OF ABUSE OF DISCRETION ON THE PART OF THE PLANNING COMMISSION.

YOU CAN DETERMINE THAT BY FINDING THAT THERE WAS EITHER THE DECISION WAS NOT UPHELD BY THE EVIDENCE THAT WAS BEFORE THE FACTS OR SUPPORTED BY THE FACTS IN THE RECORD, OR THAT THERE WAS NOT A FAIR AND IMPARTIAL HEARING.

SO THOSE ARE THE TWO WAYS THAT YOU COULD FIND THAT MAKE THAT DETERMINATION.

NEXT SLIDE, PLEASE. THE NEXT SLIDE SAYS THAT YOU'RE NOT ALLOWED TO CONSIDER NEW INFORMATION IN ACCORDANCE WITH OUR CODE THAT WASN'T PRESENTED TO THE PLANNING COMMISSION.

HAVING SAID THAT, YOU CAN APPROACH THE INFORMATION DE NOVO AND MAKE YOUR OWN DETERMINATION REGARDING THE FACTS, BUT YOU CAN'T CONSIDER NEW FACTS THAT WEREN'T PRESENTED TO THE PLANNING COMMISSION.

AND THE LAST SLIDE IS JUST THE ORDER OF PRESENTATION IN THE ORDER OF PROCEDURE THAT WE'LL BE FOLLOWING TONIGHT ON APPEAL, AND I THINK IT SPEAKS FOR ITSELF.

AND WITH THAT, THE PLANNING STAFF IS GOING TO WALK YOU THROUGH THE PROJECT.

THANK YOU CITY ATTORNEY BREWER.

AS MENTIONED BEFORE, THE ITEM IS AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A FOUR UNIT CONDOMINIUM PROJECT.

THIS IS AN AERIAL IMAGE OF THE PROJECT SITE, WHICH IS LOCATED ON THE NORTH SIDE OF HEMLOCK AVENUE BETWEEN GARFIELD STREET AND THE RAILROAD TRACKS.

[01:00:02]

THE PROPOSED FOUR UNIT DEVELOPMENT CONSISTS OF TWO THREE STORY BUILDINGS CONTAINING TWO UNITS EACH. ALL UNITS HAVE THREE BEDROOMS AND AN ATTACHED TWO CAR GARAGE, TWO COMMON VISITOR PARKING SPACES ARE LOCATED ON SITE AND TWO ADDITIONAL PARKING SPACES ARE LOCATED IN THE DRIVEWAY OF UNIT ONE.

THIS IS THE PROPOSED SITE PLAN SHOWING THE TWO TWO UNIT BUILDINGS, THE DRIVE ISLE IS PROPOSAL ON THE WEST SIDE OF THE PROPERTY THAT SERVES THE GARAGES FOR THREE OF THE FOUR UNITS AND THE TWO COMMON VISITOR PARKING SPACES.

THE EXCLUSIVE USE DRIVEWAY IS LOCATED TO THE EAST OF THE DRIVE ISLE AND SERVES UNIT ONE.

THIS IS A RENDERING OF THE PROPOSED PROJECT, LOOKING AT THE SOUTHWEST CORNER OF THE BUILDING, THE THREE STORY UNITS HAVE FRONT ENTRIES AND BALCONIES OVERLOOKING THE STREET.

A PRELIMINARY REVIEW REVIEW APPLICATION FOR THE PROJECT WAS FILED IN JANUARY OF 2020, A FORMAL APPLICATION WAS SUBMITTED TO THE CITY IN OCTOBER OF 2020.

THE PLANNING COMMISSION HEARD THE PROJECT IN APRIL OF THIS YEAR.

WHERE AFTER PUBLIC TESTIMONY APPROVED THE DEVELOPMENT.

AN APPEAL OF THIS DECISION WAS FILED, WHICH IS WHY THE ITEM IS IN FRONT OF THE CITY COUNCIL TODAY. SEVERAL ISSUES AND CONCERNS HAVE BEEN RAISED IN THE APPEAL APPLICATION, SOME OF WHICH YOU MAY HEAR DURING PUBLIC TESTIMONY.

THE ITEMS REFLECTED ON THIS SLIDE ARE REFLECTED IN THE APPEAL APPLICATION.

I'D LIKE TO FOCUS THE REMAINING PORTION OF MY PRESENTATION ADDRESSING THESE.

THE APPELLANT STATED THAT THE PLANNING COMMISSION DID NOT SUFFICIENTLY WEIGH THE IMPACT OF THE FOURTH, THE DISCRETIONARY FOURTH UNIT, THE PROJECT SITE AS A GENERAL PLAN LAND USE DESIGNATION, WHICH ALLOWS RESIDENTIAL DEVELOPMENT AT 15 TO 23 DWELLING UNITS PER ACRE.

THEREFORE, THE SITE COULD BE DEVELOPED WITH THREE OR FOUR UNITS.

THE GROWTH MANAGEMENT CONTROL POINT OF NINETEEN UNITS PER ACRE WAS USED TO CALCULATE THE UNIT YIELD, WHICH RESULTED IN THREE POINT SIX UNITS.

ACCORDING TO THE MUNICIPAL CODE, A CALCULATION THAT RESULTS IN A FRACTIONAL UNIT OF POINT FIVE OR GREATER MAY BE ROUND UP, SUBJECT TO A FRACTIONAL UNIT ALLOCATION FROM THE CITY'S EXCESS DWELLING UNIT BANK.

AND PROVIDED THAT THE MAXIMUM DENSITY IS NOT EXCEEDED.

BY ROUNDING UP THE FOUR UNITS, THE MAXIMUM DENSITY IS NOT EXCEEDED, AND THE PROJECT QUALIFIES FOR A FRACTIONAL UNIT FROM THE CITY'S EXCESS DWELLING UNIT PER CITY COUNCIL POLICY NUMBER 43.

FURTHERMORE, THE DAY BEFORE THE PLANNING COMMISSION HEARD THIS ITEM, THE CITY COUNCIL ADOPTED A RESOLUTION INDICATING THAT THE CITY'S RESIDENTIAL HOUSING CAPS CONTAINED IN THE GENERAL PLAN GROWTH MANAGEMENT PLAN, CITY COUNCIL POLICY NUMBER 43 AND THE CITY'S MUNICIPAL CODE ARE PREEMPTED BY STATE LAW AND UNENFORCEABLE.

THEREFORE, ANY REMOVAL OF A FRACTIONAL UNIT FROM THE EXCESS DWELLING UNIT BANK IS BEING DOCUMENTED SOLELY FOR TRACKING PURPOSES.

THE APPELLANT STATES OF THE PLANNING COMMISSION WAS NOT PROPERLY INFORMED ABOUT THE FRONT SETBACKS OF NEIGHBORING PROPERTIES.

THE PROJECT IS SUBJECT TO THE CITY'S PLANNED DEVELOPMENT ORDINANCE, WHICH DICTATES THAT CONDOMINIUM PROJECTS HAVE A MINIMUM SETBACK OF 10 FEET FROM THE PUBLIC STREET AND 20 FEET FOR DIRECT ENTRY GARAGES.

EXISTING SETBACKS ON NEIGHBORING PROPERTIES DO NOT FACTOR INTO THE SETBACK REQUIREMENTS FOR THIS DEVELOPMENT. THE PROJECT HAS BEEN DESIGNED TO MEET THESE OBJECTIVES, SETBACK STANDARDS AND THEREFORE IS IN COMPLIANCE WITH THE REQUIRED SETBACKS.

FINALLY, THE APPELLANT'S STATES THAT THE PLANNING COMMISSION DID NOT ADEQUATELY FAMILIARIZE ITSELF WITH THE SUBJECT PROPERTY AND DID NOT HAVE SUFFICIENT INFORMATION TO ADDRESS ALL CONCERNS AND QUESTIONS POSED BY THE PLANNING COMMISSION DURING THE HEARING.

THE PLANNING COMMISSIONERS RECEIVED THE PROJECT STAFF REPORT AND PLANS ABOUT A WEEK PRIOR TO THE HEARING. THEY ALSO RECEIVED A BRIEFING FROM CITY STAFF AND WERE SENT WRITTEN PUBLIC COMMENTS THAT WERE RECEIVED PRIOR TO THE HEARING.

AT THE HEARING, THE COMMISSIONERS DECLARED THAT THEY HAD VISITED THE PROJECT SITE OR VIEWED THE SITE VIA ONLINE MAPS.

ALSO, DURING THE HEARING, THE COMMISSION ASKED QUESTIONS OF STAFF AND RECEIVED ANSWERS.

FOLLOWING DEBATE AND DELIBERATION, THE PLANNING COMMISSION FOUND THAT THEY HAD ADEQUATE INFORMATION TO MAKE AN INFORMED DECISION ON THE PROJECT, AS REFLECTED IN THE VOTE TO APPROVE THE PROJECT. THE PROJECT IS SUBJECT TO THE STATE HOUSING ACCOUNTABILITY ACT.

UNDER THE ACT CITIES CANNOT DISAPPROVE A PROJECT OR IMPOSE A CONDITION REQUIRING LOWER DENSITY UNLESS THE CITY FINDS, BASED ON A PREPONDERANCE OF THE EVIDENCE, THAT THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY.

BASED ON THE EVIDENCE PROVIDED, STAFF DOES NOT FIND THAT THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY.

THEREFORE, IT'S RECOMMENDED THE CITY COUNCIL ADOPT A RESOLUTION DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE THE PROJECT.

THANK YOU, MAYOR AND COUNCIL MEMBERS, THAT CONCLUDES STAFF'S PRESENTATION.

FOR MY HELP, COULD YOU PUT THE SLIDE BACK UP ON PROCEDURE? THANK YOU. CITY MANAGER HAS IT.

DO WE HAVE ANY QUESTIONS? SEEING NO QUESTIONS FROM COUNCIL, THE APPELLANT'S PRESENTATION.

AND REMIND ME, CITY ATTORNEY, HOW MUCH TIME DO THEY HAVE? OK.

[01:05:07]

MEMBERS OF CITY COUNCIL HAPPY TO SEE EVERYBODY IN PERSON AND LOVE THE PASSION TONIGHT, THE COMMUNITY ENGAGEMENT, AND THAT'S WHY WE'RE HERE.

THANK YOU FOR YOUR TIME. I WANT TO USE THE TEN MINUTES, HOPEFULLY LESS, TO READ SOME NOTES AND REVIEW A FEW SLIDES THAT I THINK WILL HELP JUST GIVE US CONTEXT.

ALL RIGHT. SO WE'RE NOT MAKING THESE DECISIONS IN A VACUUM OR BASED ON LIMITED INFORMATION. SO I WANT TO REVIEW SOME SLIDES, THEN I WANT TO LEAVE SOME TIME TO READ A LETTER FROM ONE OF MY NEIGHBORS WHO COULDN'T BE HERE JUST BECAUSE SHE WASN'T SURE HOW LONG SHE'D HAVE TO SIT.

SO SHE GAVE ME A HANDWRITTEN LETTER.

SO I'D LIKE TO READ THAT AT THE END.

MY NAME IS KURT HOY. I LIVE ON HEMLOCK AVENUE IN DISTRICT ONE AND MY NEIGHBORS AND I FORMED A GROUP CALLED THE COALITION FOR COASTAL TAMARAC.

YOU MIGHT HAVE HEARD OF US.

WE ACTUALLY JUST ALSO SUBMITTED A PETITION WITH 80 OR SO SIGNATURES FROM OUR NEIGHBORS JUST DIRECTLY IN OUR AREA.

WE DIDN'T CHRIS ACTUALLY RECOMMENDED THAT WE DON'T GO OUTSIDE OF THAT AREA.

SO WE JUST STUCK TO PEOPLE ON OUR STREET.

WE CREATED THIS ORGANIZATION OF NEIGHBORS OUT OF CONCERN FOR THE OVERDEVELOPMENT OF OUR NEIGHBORHOODS. WE CHOSE TO APPEAL THE PLANNING COMMISSION'S DECISION TO APPROVE THIS PROPOSED HEMLOCK COAST HOMES PROJECT FOR A NUMBER OF REASONS, BUT PRIMARILY BECAUSE WE'D LIKE TO SEE A MORE THOUGHTFUL AND SUSTAINABLE APPROACH TO DEVELOPMENT IN THE TARMAC GARFIELD AREA.

SPECIFICALLY, WE BELIEVE THIS PROJECT SHOULD BE LIMITED TO THE THREE UNITS THE LOT IS ZONED FOR BASED ON THE MATH THAT CHRIS EXPLAINED.

AND WE'D LIKE TO SEE THE FRONT SETBACK CONFORM TO THAT OF NEIGHBORING PROPERTIES.

ALMOST ALL THE HOUSES ON OUR STREET ARE SET BACK TO 20 FEET.

IN SOME CASES, AND I BELIEVE AND OTHER PEOPLE KNOW BETTER, BUT ONE OF THE DEVELOPMENTS, A CONDO PROJECT TO THE LEFT OF THE PROPERTY, I THINK, IS AT 15.

SO BEFORE WE GO FURTHER, I'D LIKE TO SHARE A FEW SLIDES AGAIN FOR CONTEXT.

I'VE GOT THE CONTROLLER HERE.

THIS IS THE SUBJECT PROPERTY IS 320 HEMLOCK AVENUE.

WE REFER TO IT AS MID'S HOUSE BECAUSE THAT WAS THE NAME OF THE FORMER OWNER.

THIS IS LOCATED IN THE COASTAL ZONE.

IT'S A 1950S HOUSE.

AND ONE THING THAT I THINK YOU'LL NOTICE OR THAT WE NOTICE AS A COMMUNITY, A NEIGHBORHOOD, IS THAT THESE THESE HOUSES, THE WAY THEY'RE ORIGINALLY BUILT, WERE THOUGHTFUL IN IN REGARD TO A COMMUNITY AND MAKING IT LIVABLE.

SO WHEN YOU KIND OF PLOP SOMETHING IN THE MIDDLE, IT CAN REALLY DISRUPT THAT.

SO WHILE A RENDERING MIGHT LOOK GREAT OF A NEW PROJECT WITHOUT KNOWING THE STREET AND HAVING THAT CONTEXT, IT'S REALLY HARD TO UNDERSTAND THE IMPACT THAT IT MIGHT HAVE.

AND THIS IS THESE ARE THE PEOPLE WHO LIVE ON OUR STREET.

THIS IS THREE GOING ON, FOUR GENERATIONS OF HEMLOCK AVENUE RESIDENTS FROM.

YOU KNOW, ONE, TWO TO NINETY SIX, AND I THINK IT'S REALLY IMPORTANT TO, YOU KNOW, FOR THE PLANNING DEPARTMENT, FOR THE COUNCIL, FOR EVERYBODY TO UNDERSTAND THAT WHEN WE'RE APPROVING THINGS AND WE'RE CHECKING BOXES AND WE'RE SAYING THIS IS ALLOWABLE, WHAT'S THE LAW? WHAT'S THE STATE SAY? OUR LAWYERS WILL TELL US WHAT WE CAN'T DO.

THERE'S MORE TO IT THAN THAT, RIGHT, THERE ARE PEOPLE INVOLVED IN THESE DECISIONS AND THESE DECISIONS ARE LONG LASTING.

THE INTERESTING PART ABOUT THIS, AND EVEN ME BEING HERE TO REPRESENT MY NEIGHBORHOOD IS THAT IT'S NOT ONLY ABOUT THESE PEOPLE.

OUR ISSUE WITH THE NUMBER OF UNITS IS MORE RELATED TO PARKING, WHICH ACTUALLY HAS A BIGGER EFFECT ON THE REST OF CARLSBAD.

BECAUSE THIS IS A BLOCK AND A HALF FROM THE BEACH.

RIGHT. SO WHEN RESIDENTS OCCUPY ALL THE PARKING SPOTS, THE REST OF CARLSBAD CAN'T COME DOWN TO THE BEACH. SO WE'RE ACTUALLY, YOU KNOW, REPRESENTING THE REST OF THE CITY, BUT IT'S ALMOST LIKE THE REST OF THE CITY SHOULD BE HERE AND THEY SHOULD KNOW ABOUT THESE THINGS. SO WE'RE THE PEOPLE WHO ALLOW OUR FRIENDS AND NEIGHBORS AND THE REST OF CARLSBAD TO PARK IN OUR DRIVEWAYS WHEN THERE'S NO PARKING.

THIS IS ANOTHER HOME IN THE AREA.

THIS IS ACTUALLY JUST DIRECTLY BEHIND THE SUBJECT PROPERTY.

THIS IS ON JUNIPER STREET.

AND I JUST WANT TO GIVE YOU A SENSE OF SOME OF THE ORIGINAL, THE CHARACTER THAT WE HAVE IN CARLSBAD. SIDE NOTE.

[01:10:03]

THAT'S WHY THEY WANT TO LIVE HERE.

THEY WANT TO BUY HERE. CHARACTER IS GOOD FOR BUSINESS.

THIS HOUSE WILL BE THE NEXT ONE TO BE TORN DOWN AFTER MID'S.

THAT'S BEING DEVELOPED INTO FOUR UNITS AS WELL.

SIX PEOPLE THERE WILL BE DISPLACED LOOKING FOR A NEW HOME.

ONE OF THEM, A WOMAN I JUST MET WHEN I WAS WALKING AROUND GETTING THE PETITION SIGNED, JUST MOVED HERE RECENTLY FROM SOLANA BEACH.

NOW SHE'S LOOKING FOR SOMEWHERE ELSE TO GO.

AND THIS IS THE TYPE OF DEVELOPMENT THAT'S TAKING THE PLACE OF HOMES LIKE MID'S AND THE ONE ON JUNIPER. QUITE DIFFERENT.

ON THE FAR RIGHT, YOU CAN SEE A LITTLE SKY OVER THE ROOF OF A NEIGHBORING HOUSE THERE, WE THOUGHT THE SO I DON'T HAVE A POINTER.

THIS IS TWO HOMES WHEN THE ONE ON THE RIGHT WITH THE TWO PEAKS ON THE ROOF WENT IN, WE THOUGHT, WOW, THAT'S BIG. AND THE NEXT ONE WENT IN.

AND THAT SEEMS TO BE THE TREND FOR, YOU KNOW, HOWEVER WE JUSTIFY IT AS A CITY, IT'S ALWAYS BIGGER, THE SETBACKS ARE ALWAYS CHANGING.

AND IT'S KIND OF A MOVING TARGET.

THIS IS HEMLOCK AVENUE, SO THIS IS OUR STREET FROM A DIFFERENT PERSPECTIVE, ABOUT MIDWAY DOWN NEAR THE BOAT, YOU SEE THE SUBJECT PROPERTY ON THE LEFT.

WE ARE GETTING CRUSHED BY TRAFFIC, BY PARKING, PARKING, TO BE SPECIFIC, NOT SO MUCH THE TRAFFIC. SO IN OUR THIS IS A SCREENSHOT FROM A VIDEO THAT I TOOK, RODE MY BIKE DOWN THE STREET, SO THEY'RE JUST A COUPLE OF STILLS HERE BECAUSE I CAN'T RUN A VIDEO IN THIS PRESENTATION. BUT I WANTED YOU TO HAVE THIS PERSPECTIVE.

THIS IS A DAY IN FEBRUARY.

THIS IS WHAT THE STREET LOOKS LIKE, THIS IS PARKING.

WHAT WE KNOW AND RECOGNIZE AS PEOPLE WHO LIVE THERE, RIGHT? WE DON'T LIVE ELSEWHERE AND MAKE DECISIONS ON OUR NEIGHBORHOOD, WE LIVE IN OUR NEIGHBORHOOD. WE KNOW THAT EVERY UNIT IN A MULTIPLE UNIT DEVELOPMENT PUTS AT LEAST TWO CARS ON THE STREET, REGARDLESS OF A GARAGE OR THE ONE THIRD, IS ONE THIRD CHRIS? OF VISITOR PARKING SPACES THAT WE REQUIRE.

I DIDN'T KNOW THAT BEFORE I STARTED LOOKING INTO THIS.

THAT'S A BICYCLE PARKING SPOT, RIGHT? SO FOR EVERY UNIT, THEY'RE REQUIRED TO PUT IN ONE THIRD OF A VISITOR PARKING SPOT.

SO WE KNOW THE REAL LIFE HERE BECAUSE WE KNOW THE RESIDENTS.

WE KNOW WHOSE CARS THESE ARE.

RIGHT. AND SO WE EXPECT A DRAMATIC INCREASE IN CARS ON THE STREET.

AND THAT'S THE REASON WE'RE REALLY FOCUSED ON THE NUMBER OF UNITS AND THE DENSITY.

THIS IS ANOTHER ANOTHER SHOT, THE SUBJECT PROPERTY'S RIGHT THERE ON THE LEFT.

AGAIN, THIS IS A DAY IN FEBRUARY.

CURRENTLY, THOSE WHO LIVE IN THESE MULTIUNIT CONDOS ON OUR STREET.

HAVE TO PARK IN FRONT OF THEIR NEIGHBOR'S HOUSES, THEY HAVE TO PUT THEIR TRASH CANS ACROSS THE STREET IN THE MORNING, SO THIS WHOLE IDEA, LIKE PEOPLE WILL COME DOWN THE STREET LIKE THERE'S PLENTY OF PARKING.

WHAT ARE YOU TALKING ABOUT? IT'S ONLY BECAUSE THESE PLANS ARE REALLY.

EXPLOITING THE NEIGHBORS AND CAPITALIZING ON THE FACT THAT EVERYONE ELSE HASN'T DEVELOPED YET. SO WHEN I SAY A SUSTAINABLE PLAN, I MEAN SOMETHING THAT OTHERS COULD DO THAT WILL WORK FOR US GOING FORWARD.

THESE ARE THE KINDS OF THINGS THAT COME IN.

SOMEBODY DOES IT. THEY'RE THE FIRST TO DO IT.

NO ONE COULD DO IT BEFORE AND NO ONE'S GOING TO BE ABLE TO DO IT AFTER.

THERE'S NOWHERE TO PUT A CAR.

OBVIOUSLY, SOME SAFETY CONCERNS INVOLVED IN THAT, TOO.

SO THIS IS THE BOTTOM OF THE STREET HERE, I CAN MOVE ON, YOU GET THE IDEA.

THIS IS A DEVELOPMENT PROJECT ON TAMARAC, IT'S FIVE UNITS.

I DON'T KNOW THAT THEY'RE ALL OCCUPIED.

IT'S NOT WHERE I LIVE.

IT'S JUST AN OBSERVATION.

WE REALLY LIKE THIS.

THIS IS A THIS IS GOOD LOOKING.

THE DRIVEWAY'S WIDE.

THERE ARE VISITOR PARKING SPOTS.

AND I JUST WANT TO DEMONSTRATE THAT AT ANY MOMENT, ANY TIME THE VISITORS PARKING SPOTS ARE FULL AND THESE CARS ARE LEFT OUT, THE STREET WHERE THERE USED TO BE NO CARS PARKED NEXT TO THIS PROPERTY TAKES THE OVERFLOW, WHICH LOOKS LIKE THIS.

THERE AREN'T ANY DRIVEWAY CUTOUTS HERE.

THERE AREN'T ANY HOMES RIGHT THERE.

AND THERE WERE NEVER CARS THERE BEFORE.

SO THIS ISN'T A, YOU KNOW, SOME KIND OF LEGAL THING OR WHATEVER.

THIS IS AN OBSERVATION FROM A NEIGHBOR.

SO I THINK WE HAVE TO BE REALLY AWARE OF THIS THIS OVERFLOW ON THE STREET.

[01:15:02]

HE DID A GREAT JOB. IT LOOKS GREAT.

WE LOVE THE LOOK OF IT.

BUT THE NUMBER OF UNITS IS GOING TO REALLY IMPACT OUR INFRASTRUCTURE IMMEDIATELY.

THIS IS SIR, YOUR TEN MINUTE TIME IS THE LIGHTS FLASHING RED, SO I WILL GIVE YOU ANOTHER 15 SECONDS TO CONCLUDE IF YOU COULD PLEASE, SIR.

THANK YOU SO MUCH. SO THE BIG CHALLENGE HERE IS THAT WITH DENSITY IS THAT IF WE GO UP TO FOUR UNITS, WHICH IS DISCRETIONARY, YOU CAN ALSO PUT TWO ADUS.

RIGHT. SO NOW WE'RE NOT TALKING ABOUT THE THREE IT'S ZONED FOUR.

WE'RE TALKING ABOUT SIX UNITS.

NOW WE'RE TALKING ABOUT EIGHT TO 10 CARS ON THE STREET.

AND THIS IS THE KIND OF THING THAT NEIGHBORS DON'T DO TO NEIGHBORS RIGHT HERE.

SIR, YOU HAVE YOUR TIME TO SPEAK IF YOU'RE SIGNED UP, OK, PLEASE, PLEASE.

SO WE THANK YOU VERY MUCH.

[INAUDIBLE] SO NEXT.

SO THE NEXT IS.

THE APPLICANT PLEASE.

GOOD EVENING, MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS.

MY NAME IS KIRK MOLER.

INITIALLY, I WOULD LIKE TO INTRODUCE OUR GROUP AND DESCRIBE WHY WE WERE ORIGINALLY ATTRACTED TO THIS PROPERTY WHEN IT WAS PUT ON THE MARKET.

OUR GROUP IS COMPRISED OF THREE PARTNERS.

WE ARE OUR LONGTIME NORTH COUNTY RESIDENTS.

I'M AN ARCHITECT AND I'M CURRENTLY WORKING ON MANY PROJECTS IN CARLSBAD, MY OFFICE IS IN CARLSBAD AND I LIVE IN THE AREA AS WELL.

MY PARTNER, JOHN [INAUDIBLE] IS A LICENSED CIVIL ENGINEER AND REAL ESTATE AGENT.

HE LIVES IN CARLSBAD AND HAS BEEN INVOLVED IN MANY RESIDENTIAL DEVELOPMENT PROJECTS HERE DURING HIS CAREER.

MY OTHER PARTNER, MIKE MOORE, IS A LICENSED CONTRACTOR WITH VAST EXPERIENCE IN BUILDING RESIDENTIAL PROJECTS THROUGHOUT NORTH COUNTY.

WE ALL LOVE THE AREA.

WE ENJOY SPENDING TIME WITH OUR FAMILIES HERE AND HAVE ALWAYS DESIRED TO BUILD A PROJECT OF OUR OWN IN THIS AREA.

WE INITIALLY WERE ATTRACTED TO THE PROJECT FOR MANY REASONS.

THE MOST IMPORTANT INCLUDE INCLUDED THE CHARM OF THE NEIGHBORHOOD, THE SQUARE SHAPE OF THE SITE, THE EXISTING MIX OF SINGLE FAMILY HOMES AND MULTIFAMILY HOMES, THE FLAT TOPOGRAPHY OF THE SITE, AND THAT CURRENT ZONING ALLOWS FOR FOUR UNITS TO BE CONSTRUCTED COMFORTABLY ON SITE, THE SQUARE SITE AND DENSITY ALLOWED FOR US TO CREATE TWO SEPARATE DUPLEX STRUCTURES INSTEAD OF A SINGLE LONG CONTINUOUS STRUCTURE.

THE THE EXISTING MIX OF SINGLE FAMILY AND MULTIFAMILY PROPERTIES ALLOW FOR OUR PROJECT TO FIT IN NICELY WITH THE NEIGHBORHOOD.

OUR COASTAL CRAFTSMAN DESIGN IS COMPATIBLE WITH THE EXISTING STYLE AND ESTHETICS OF THE NEIGHBORHOOD, ESPECIALLY WITH THE PROPERTY DIRECTLY TO THE WEST.

THE NEIGHBORHOOD CONTAINS A MIX OF TWO AND THREE STORY MULTIFAMILY PROJECTS WHICH ALLOW FOR OUR PROJECT TO ALSO BLEND IN WELL.

WE WERE VERY SENSITIVE TO THE IMPACTS DEVELOPMENT CAN HAVE ON NEIGHBORHOODS.

EARLY ON IN THE DESIGN PROCESS, WE MET WITH A FEW OF THE NEIGHBORS TO EXPLAIN OUR PROJECT AND DISCUSS ANY CONCERNS THEY MAY HAVE.

IT WAS NOTED THAT DENSITY, SETBACKS, PARKING AND LIGHTING WERE OF THE MAIN CONCERN SURROUNDING OUR PROJECT.

AFTER MEETING, AFTER OUR MEETING, WE WE COMPLETELY REDESIGNED THE PROJECT IN A WAY THAT PROVIDED MORE ON SITE PARKING, EXPANDED A PORTION OF THE FRONT YARD SETBACK TO TWENTY FEET AND ELIMINATED LIGHT POLLUTION POTENTIAL.

WE STUDIED THE PROJECT CONFIGURATION IN MANY DIFFERENT WAYS AND FOUND THAT THAT THE UNITS WOULD WOULD NEED TO BE CONFIGURED IN ONE LARGE BUILDING IF WE WENT WITH THE THREE UNIT PROJECT. HOWEVER, THE THREE UNIT PROJECT WOULD NEED TO BE MUCH LARGER THAN THE FOUR UNITS THAN THE EXCUSE ME.

THE UNITS WOULD NEED TO BE MUCH LARGER THAN THE FOUR UNIT PROJECT FOR PROJECT FEASIBILITY REASONS. THIS, WE FOUND, WOULD DRIVE THE COST OF EACH OF THE UNITS UP, REDUCING POTENTIAL BUYER POOL TREMENDOUSLY.

OUR GOAL WAS TO PROVIDE QUALITY UNITS THAT ARE MORE AFFORDABLE THAN OTHER OPTIONS IN THE AREA. ADDITIONALLY, WE PLAN TO EXCLUDE ALL UNITS FROM BEING UTILIZED AS SHORT TERM VACATION RENTALS WITHIN OUR RECORDED CCNR DOCUMENT.

WE HAVE COMPLETED THE DOCUMENT AND HAVE SUBMITTED THEM TO THE CITY.

CURRENTLY, THERE ARE NO COMMENTS.

WE FEEL THAT THIS WILL NOT ONLY MAKE OUR PROJECT A BETTER PLACE TO LIVE LONG TERM, BUT WILL ALSO HELP MAINTAIN THE CHARM OF THE NEIGHBORHOOD.

[01:20:03]

WE'RE NOT PROPOSING ANY VARIANCES OR REQUESTING ANY CONCESSIONS.

THE DISCRETIONARY UNIT, AS PREVIOUSLY REFERRED TO, IS NOT DISCRETIONARY.

IT IS ALLOWED BY RIGHT PER SECTION 21 53 230 TABLE A.

THE PROPOSED FRONT YARD SETBACK IS ALLOWED PER SECTION TO 21 45 80.5.

CURRENTLY FIFTY PERCENT OF THE HOMES ON HEMLOCK ARE MULTIUNIT PROJECTS.

ADDITIONAL SETBACK AND DENSITY INFORMATION HAS BEEN INCLUDED IN THE STAFF REPORT SUPPORTING THIS INFORMATION.

WE SPENT A GREAT DEAL OF TIME WORKING WITH CITY STAFF TO ENSURE ALL ASPECTS OF OUR PROJECT COMPLY WITH CODE AS WELL AS FIT IN WITH THE EXISTING LOOK AND FEEL OF THE SURROUNDINGS. ADDITIONALLY, WE WORKED WITH NEIGHBORS TO ADDRESS THEIR CONCERNS TO THE BEST OF OUR ABILITIES.

WE FEEL STRONGLY THAT OUR PROJECTS IS SET ASIDE A LITTLE DIFFERENTLY THAN SOME OF THE OTHER PROJECTS IN THE AREA AS WE HAVE MUCH MORE AVAILABLE PARKING ON SITE THAN THAN OTHER OPTIONS, WE'RE VERY EXCITED TO MOVE FORWARD WITH OUR PROJECT AND WELCOME ANY QUESTIONS OR COMMENTS YOU MAY HAVE. THANK YOU.

ANY QUESTIONS? THANK YOU.

WITH THAT, I'LL OPEN THE PUBLIC TESTIMONY, DO WE HAVE SPEAKERS? WE DO MAYOR, THE FIRST SPEAKER.

BEAR WITH ME ON READING THIS HANDWRITING.

DARNELL THANK YOU. SORRY ABOUT THAT.

SORRY. GETTING A LITTLE NERVOUS HERE.

I WAS A LITTLE JUICED UP WHEN YOU WAS GOING THROUGH IT THERE WAS, MATT, CITY COUNCIL.

IT'S RIDICULOUS, SOME OF THE STUFF THAT'S GOING ON AS FAR AS THE BUILDING, LIKE THE PRISON OVER HERE, THE THING'S OVER BEHIND SMART FINAL, A NEIGHBOR OF MINE WROTE A LETTER.

HE'S NOT ABLE TO BE HERE TONIGHT.

BUT I'M READING THIS BASED ON.

HIM ALLOWING ME TO BECAUSE I READ IT, I THOUGHT MAN TERRY HIT IT RIGHT ON THE NAIL HEAD, YOU KNOW, HE JUST HE OWNS A BUSINESS IN L.A..

HE'S HE KNOWS WHAT HE'S TALKING ABOUT, HE DOES DEALERSHIPS HERE IN TOWN, HE DEALS WITH THE CITY. SO THIS IS FROM KIND OF STARTING A IT WAS ORIGINALLY TO CHRIS, BUT IT GOES I'M WRITING TO YOU IN THE CITY OF CARLSBAD AS A VERY CONCERNED CITIZEN.

MY FAMILY ARE EXTREMELY DISAPPOINTED IN THE PLAN DEVELOPMENT AT 320 HEMLOCK.

I LIVE NEXT DOOR. I DON'T WANT TO LISTEN TO THIS, THE NEIGHBORS ON THE OTHER STREET WHEN I WENT AROUND WITH A PETITION TOLD ME, YOU ARE NOT GOING TO LIKE WHAT'S GOING TO HAPPEN NEXT TO YOU. OK, I'M GETTING OFF ON A TANGENT NOW.

FOUR LARGE HOUSES ON A SMALL LOT, WE FEEL THESE FOUR UNITS PLANNED FOR THIS LOT ARE WAY OVER WHAT SHOULD BE ALLOWED.

I KNOW THE STATE OF CALIFORNIA HAS A LOT TO DO WITH THAT.

ALLOWED FOR THIS LOT SIZE.

WE FEEL IF THE CITY OF CARLSBAD ALLOWS THIS DEVELOPMENT TO GO FORWARD AS PLANNED, THE CITY WILL BE CREATING AN UNSAFE CONDITION ON HEMLOCK AND DESTROYING THE VERY REASONS WHY THE HEMLOCK RESIDENTS BOUGHT THERE AND WHY WE LIVE THERE.

IF WE WANTED MANHATTAN BEACH, WE WOULD HAVE BOUGHT IN MANHATTAN, IN REDONDO BEACH.

THE PEOPLE I'VE SPOKEN WITH, I FEEL, ARE VERY CONCERNED ABOUT THE COMMUNITY TRANQUILITY AND LIFESTYLE IS BEING SOLD OUT FROM UNDER US FOR THE GREED OF DEVELOPERS.

THE CITY AND THE STATE OF CALIFORNIA, IT REALLY FEELS LIKE THE CITIZENS ARE HELPLESS IN THIS SITUATION, IT SEEMS LIKE THE CITY IS RACING AND RUSHING THIS SITUATION.

IT SEEMS LIKE THE CITY IS REPEATING MYSELF.

THE PROJECT IS BASICALLY BEING RUBBER STAMPED.

BECAUSE WE WERE AFRAID AS A CITY, BECAUSE THE STATE'S GOING TO COME IN.

THERE'S OTHER CITIES THAT ARE FIGHTING THIS, THEY'RE SAYING, YOU KNOW, SB NINE AND 10, THAT THEY'RE ALL AWARE OF THIS.

YOU KNOW, THEY'RE GOING LIKE, YOU KNOW, YOU KNOW, BACK OFF, LET'S DO OUR THING.

WE DON'T WANT THIS. OK, LET ME GET BACK TO [INAUDIBLE] SO I DON'T' GO OVER THREE MINUTES.

THEY HAD THIS PLANNING COMMISSION THING OVER SPRING BREAK WITH ZOOM.

WELL, A LOT OF US DON'T DO THAT.

I DON'T DO IT. SO MANY WILL NOT BE AROUND OR DO NOT HAVE ACCESS TO A COMPUTER, I SUGGEST POSTPONING THIS SO MORE PEOPLE CAN VOICE THEIR CONCERNS AND OPINIONS.

THE CITY OWES IT TO US TO PAY OUR TAXES AND MAKE IT A GREAT PLACE TO LIVE AND SHOP.

MY WIFE AND I RECENTLY WENT THROUGH.

NOW, THIS IS THIS IS TREMENDOUS RIGHT HERE.

WENT THROUGH THE COASTAL COMMISSION TO BUILD A 400 SQUARE FOOT ROOM IN THE BACK OF OUR HOUSE. SO THE SIR THE RED LIGHT'S FLASHING, SO 15 SECONDS, PLEASE.

[01:25:02]

HOOPS AND REGULATIONS WE HAD TO CONFORM TO THIS WAS OVER THE TOP AND NOW THAT'S ACROSS THE STREET FROM US IS MAKING THAT LEAVE SCRATCHING OUR HEAD.

[INAUDIBLE] HE MADE IN A BIG HANDWRITING SO I WOULDN'T GET MESSED UP, BUT HE'S SAYING THE SKYSCRAPERS, YOU GET THE DRIFT OF WHAT I'M SAYING.

YOU GO DOWN ON GARFIELD LIKE THAT PICTURE PASSION. YOU'VE BEEN CRYSTAL CLEAR.

AND I THANK YOU. I, I THANK YOU VERY MUCH.

MARK NULTY.

PLEASE. NO, NO APPLAUSE.

THANK YOU, SO I ACTUALLY DON'T LIVE ON HEMLOCK, I LIVE ONE STREET OVER ON REDWOOD, AND I GUESS MY COMMENTARY IS MORE JUST BECAUSE YOU CAN DOESN'T MEAN YOU SHOULD.

AND I THINK, YOU KNOW, ALL OF US ARE JUST CONCERNED THE DIRECTION THAT THE CITY IS ALLOWING DEVELOPMENT TO HAPPEN.

AND I'M ACTUALLY PRO DEVELOPMENT.

I THINK IT'S INEVITABLE, BUT I JUST THINK WE NEED TO BE RESPONSIBLE IN TERMS OF HOW WE DO IT AND WHAT WE ALLOW BECAUSE IT IS AFFECTING OUR NEIGHBORHOODS.

I WON'T GO THROUGH ALL THE SAME POINTS THAT EVERYBODY ELSE HAS.

BUT AGAIN, I JUST WANTED TO TO SPEAK IN OPPOSITION.

THANK YOU. THANK YOU.

CURT HOY. OH.

KIMBERLY SPECK.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS, I'M NOT A RESIDENT OF OF CARLSBAD, MY MOTHER IS A RESIDENT ON THAT STREET.

I GREW UP ON THAT STREET HEMLOCK.

OUR HOME WAS ONE OF THE FIRST HOMES IN THE AREA.

I'M SPEAKING ON BEHALF OF MY MOTHER, WHO IS CONCERNED ABOUT THE NUMBER OF VEHICLES THAT ARE GOING UP AND DOWN THE STREET ALREADY.

SHE GETS OUT AND SHE DOESN'T DARE TAKE A WALK ON THE STREET BECAUSE AS YOU COULD SEE FROM THE SLIDES THAT WERE SHOWN, THERE IS ONLY ROOM FOR ONE CAR TO GO DOWN THE STREET WHEN THERE IS PARKING ALONG THE SIDE OF THE STREET.

AND THAT IS AND DURING THE SUMMER MONTHS AND SPRING VACATION MONTHS, THERE IS EVEN LESS THAN THAT SOMETIMES.

THE CONCERN I HAVE IS FOR MY MOTHER'S WELL-BEING AND ALSO THE RESIDENTS.

BUT YOU SAW THAT TO THE WEST OF THIS PROPOSED DEVELOPMENT.

THERE IS FOUR UNITS THAT ARE THERE.

THEY THE ACTUAL GRADE OF THOSE UNITS WAS RAISED AT THE TIME THEY WERE BUILT BY FOUR FEET.

AND THEY PUT AND MY PARENTS HAD TO PUT UP WITH A FENCE THAT COVERED WENT ABOVE THE ROOF OF THEIR HOME. AND MY FATHER CAME TO THIS CITY AND GOT THAT LOWERED, THANKFULLY.

THANK YOU TO THE POWERS THAT BE AT THAT TIME.

BUT SUBSEQUENT TO THAT, THE DENSITY HAS INCREASED.

AND I'M CONCERNED ABOUT INFRASTRUCTURE.

I'M CONCERNED ABOUT THE SEWER LINE IN THAT AREA.

TWICE IN THE PAST, THE CITY'S SEWER LINE BACKED UP INTO MY MOTHER'S HOME, WHICH IS AT THE LOWEST POINT OF THE OF THE STREET AND.

BACKED UP AND RUIN AND INTO HER LIVING AREA, THE SECOND THE FIRST TIME IT HAPPENED, THEY DIDN'T REALIZE THAT IT HAD TO DO WITH THE LATERAL LINE PROBLEM.

SUBSEQUENT TO THAT, WE HAD A FRIEND WHO WAS A CONTRACTOR WHO CAME IN TO HELP WITH MY MOTHER WITH SOME THINGS, AND SHE MADE AN APPEAL TO THE CITY.

AND THE CITY FOUND THAT, YES, IN FACT, IT WAS LACK OF MAINTENANCE OF THE SEWER LINE OR WHATEVER THE STORM DRAIN OR WHATEVER IT WAS.

AND THE CITY ACTUALLY CAME IN AND TOOK CARE OF CLEANING UP, RE-CARPETING AND AND CLEANING, CLEANING UP TO THE POINT WHERE MY MOTHER COULD STILL LIVE IN THE HOME AND NOT HAVE TO ACTUALLY VACATE IT.

I'M CONCERNED THAT WITH MORE DENSITY IN THE AREA, ADDING MORE UNITS, I KNOW THAT IT THAT THAT. SO, MA'AM, YOUR RED LIGHT, PLEASE, PLEASE CONCLUDE.

SO I'M CONCERNED ABOUT THE INFRASTRUCTURE AND THE IMPACT, AND I DON'T KNOW IF THAT HAS

[01:30:01]

GARY WARD.

THANK YOU. APPRECIATE YOUR TIME THIS EVENING.

I HAD A COUPLE OF COMMENTS THAT I WOULD HAVE LIKED TO HAVE MADE, BUT SOMEBODY ASKED ME TO READ A LETTER FROM ONE OF THE RESIDENTS ON HEMLOCK, WHO IS AN 88 YEAR OLD WOMAN AND OBVIOUSLY COULDN'T BE HERE TONIGHT.

SO IF I CAN GET THROUGH THIS QUICKLY AND I HAVE A COUPLE OF SECONDS LEFT, THEN I CAN MAKE MY COMMENTS. SO JUST SAYS LADIES AND GENTLEMEN, I'VE LIVED ON HEMLOCK AVENUE SINCE DECEMBER OF 1966, IT WAS A GOOD PLACE TO RAISE A FAMILY.

THINGS HAVE CHANGED A LOT AS THINGS HAPPEN OVER TIME, BUT NOT FOR THE BETTER.

CHILDREN CANNOT SAFELY PLAY BALL IN THE STREET OR EVEN SAFELY WALK ON IT.

GARFIELD STREET IS GETTING TO BE HARD TO CROSS OR TO EXIT FROM HEMLOCK, CARS PARKED ON BOTH SIDES OF GARFIELD OBSCURE TRAFFIC GOING NORTH AND SOUTH.

IT HAS BECOME RISKY IN THE SUMMER TO HAVE A HOME, AND OUR ONLY OUTLET IS GARFIELD.

ON THE EAST SIDE OF THE RAILROAD TRACKS.

HEMLOCK IS NOT UNIQUE.

OLD SINGLE FAMILY HOMES ARE BEING TORN DOWN AND MULTI UNITS BUILT.

IT TAKES AT LEAST TWO GOOD SALARIES TO RENT A UNIT AND MORE THAN A MILLION DOLLARS TO BUY, WHICH MEANS AT LEAST TWO CARS PER UNIT.

MANY GARAGES ARE USED FOR STORAGE, WHICH MEANS THE CARS ARE PARKED ON THE STREET.

NO PARKING AVAILABLE FOR GUESTS OR PEOPLE WHO DON'T LIVE WITHIN WALKING DISTANCE TO ENJOY A DAY AT THE BEACH AND INCLUDING RESIDENTS OF CARLSBAD.

PEOPLE WHO LIVE MORE THAN THREE MILES EAST EXCUSE ME OF THE BEACH ARE GRADUALLY BEING EXCLUDED FROM THE OPPORTUNITY TO ENJOY THE OCEAN.

PARKING IS IMPOSSIBLE TO FIND FOR THE MOST.

AND THEN SHE HAS HER NAME, LAVERNE [INAUDIBLE] 282 HEMLOCK.

P.S. OUR CHILDREN NEED PLACES TO PLAY SAFELY, SO I PROBABLY OH, I HAVE A MINUTE LEFT.

THANKS. SO MY COMMENTS REALLY COME MORE FROM A PERSONAL PERSPECTIVE.

MY FAMILY AND I HAVE HAD THE GREAT OPPORTUNITY TO ACTUALLY LIVE IN THAT HOUSE FOR THE LAST FOUR YEARS, THE BETTER PART OF THE LAST FOUR YEARS.

AND WHEN WE HEARD IT WAS GOING TO COME UP FOR SALE, OF COURSE, WE WERE OVERJOYED, THINKING MAYBE WE COULD ACTUALLY OWN A HOME HERE TRANSPLANTED EAST COASTERS WHO HAVE JUST FALLEN IN LOVE WITH CARLSBAD.

BUT WHEN WE FOUND OUT THAT DEVELOPERS WERE INTERESTED IN THE PROPERTY.

WE KNOW WE STOOD ABSOLUTELY NO SHOT, AND THEN WHEN WE FOUND OUT THAT THERE WERE GOING TO BE FOUR UNITS VERSUS THREE, I MEAN, THEN THERE REALLY ISN'T EVEN I DIDN'T EVEN WANT TO TAKE THE TIME TO SUBMIT A BID.

AND I WOULD SAY THAT IF THAT IT WAS ZONED R3 WOULD ONLY BE FOR THE DEVELOPER MAY NOT HAVE EVEN PUT A BID IN IF THEY KNEW THAT THEY COULD ONLY BUILD THREE UNITS RATHER THAN FOUR TO GIVE PEOPLE LIKE ME AN OPPORTUNITY TO BID.

BUT THAT OBVIOUSLY DIDN'T HAPPEN.

IF I WERE THERE, THAT HOUSE WOULD HAVE WOULD STAY.

WE WOULD NOT HAVE DONE ANYTHING EXCEPT MAY.

WE THANK YOU VERY MUCH, SIR.

THANK YOU. DAN MARINELLI.

ALL RIGHT, GOOD EVENING.

THANK YOU, MAYOR, MAYOR PRO TEM, CITY COUNCIL MEMBERS.

I'M GOING TO ECHO SOME OF THE SAME SENTIMENTS YOU'VE BEEN HEARING.

I THINK IT'S REALLY ABOUT OPENING THE DIALOG FOR WHAT'S RIGHT FOR THAT AREA.

IT'S ABOUT NOT JUST SETBACKS AND FACADES AND PARKING SPACES, BUT IT'S REALLY ABOUT THE COMMUNITY AS A WHOLE. WHAT'S HAPPENING IN THAT AREA? WHO'S BENEFITING FROM IT? THE RESIDENTS, THE OWNERS, THE RENTERS, PEOPLE COMING IN FOR VACATION.

HOW ARE WE APPEALING TO OUR CURRENT RESIDENTS? HOW ARE APPEALING TO PEOPLE WHEN COME VISIT HERE? AND AS A PUBLIC HEALTH NURSE IN THE STATE OF CALIFORNIA, THAT'S NOT A SAFE SITUATION RIGHT THERE WITH THE PARKING THAT IT'S NOT A PLACE.

I HAVE TWO KIDS LIVING THERE.

I WON'T LET THEM WALK TO THE BEACH ON THEIR OWN.

IT IS NOT SAFE TO CROSS GARFIELD, IT IS NOT SAFE TO CROSS TAMARAC.

I MEAN, IT'S JUST A NIGHTMARE.

IF YOU WALK OUT, YOU COULD GET RUN OVER BY A CAR AND YOU'RE OBSCURED ENTIRELY BY THOSE CARS PARKED THERE. SO THE PARKING IS A HUGE DEAL.

IT'S NOT JUST ABOUT THE NUMBER OF PARKING SPOTS.

IT REALLY IS A PUBLIC HEALTH ISSUE.

AND THERE'S SO MANY THERE'S SO MANY VIEWPOINTS TO CONSIDER.

AND IT'S NOT LIKE A SIMPLE YES OR NO THING.

AND IT'S TO TRY TO OPEN THE DIALOG ABOUT WHAT DO WE REALLY WANT MOVING FORWARD.

[01:35:02]

AND THEY COME DOWN TO ENJOY THE BEACH.

I DON'T REALLY KNOW THE ANSWER TO THESE QUESTIONS.

I DON'T KNOW THAT YOU GUYS DO EITHER.

BUT IT'S SOMETHING WE SHOULD THINK ABOUT.

IN ORDER TO MOVE FORWARD WITH WHAT KURT SAID, HAVING A SUSTAINABLE DEVELOPMENT KIND OF ETHOS FOR THAT REGION IN PARTICULAR, RIGHT THERE ON THE COAST OF CARLSBAD REGION, THERE'S GOT TO BE AN IDEAL BALANCE.

HOW ARE THESE BUILDINGS BEING USED? WHO'S USING THEM? AND ADDING THE EXTRA UNITS IS AWESOME ON ONE END BECAUSE WE HAVE A HOUSING SHORTAGE IN CALIFORNIA AND IN CARLSBAD.

BUT IN REALITY, THOSE UNITS AREN'T REALLY GOING TO BE SERVING OUR COMMUNITY AT THE PRICE POINT THEY'RE AT. THAT'S THAT'S NOT IT'S IT'S JUST NOT HAPPENING.

I'M ACTUALLY REALLY STOKED THAT YOU GUYS ARE NOT GOING TO BE ALLOWING SHORT TERM RENTALS.

THAT'S HUGE. I WISH THAT WAS THE CASE WITH ALL ALL DEVELOPMENT IN THAT REGION BECAUSE THE SHORT TERM RENTALS ARE EVEN A BIGGER PROBLEM.

SO. I MEAN, I DON'T KNOW.

THERE'S NO GOOD ANSWER. I LIKE THIS QUOTE RIGHT HERE IT SAYS WHAT IS POPULAR FOR CARLSBAD IS NOT ALWAYS RIGHT AND WHAT IS RIGHT FOR CARLSBAD IS NOT AS POPULAR.

AND I KIND OF CAN LOOK AT THIS FROM BOTH SIDES AND IT'S DIFFICULT TO SAY, BUT SOME SIMPLE IDEAS FOR A PROJECT LIKE THIS TO MAKE IT WORK IF WE MOVE FORWARD USING FLOOR AREA RATIO INSTEAD OF LOT COVERAGE WHEN APPROVING THESE PROJECTS, YOU'D FIND THAT LESS LESS UNITS WOULD BE APPROVED ON THOSE. IF WE CREATED OUR COMMUNITY, MAYBE PROVIDING LOW OR MIDDLE INCOME OPTIONS IN PURCHASING AND REQUIRED A PERCENTAGE OF OWNER OCCUPANTS ACTUALLY BEING IN THOSE PROPERTIES, THAT WOULD MAKE A HUGE DIFFERENCE IN OUR COMMUNITY.

AND JUST LOOKING AT RATIOS AND RULES IN GENERAL FOR THIS SORT OF THING, SHORT TERM RENTALS, PARKING REQUIREMENTS AND HOW WE CAN PROMOTE A COMMUNITY RATHER THAN ERODE A COMMUNITY. I LIVED IN THERE FOR 10 YEARS.

I LIVED IN CARLSBAD SINCE 1986.

ON AND OFF THAT AREA IS ERODING FROM THE INSIDE OUT IN THE SUMMER.

IT'S TOO PACKED WITH PEOPLE VISITING IN THE WINTER.

IT'S A GHOST TOWN BECAUSE NO ONE'S THERE.

AND THAT'S ALL I GOT.

THANK YOU. THANK YOU, SIR.

NO MORE SPEAKERS MAYOR.

OK WITH THAT, I'LL CLOSE THE PUBLIC TESTIMONY AND BRING IT BACK TO US.

QUESTIONS OF STAFF.

YES, DR. BHAT-PATEL.

SURE, THANK YOU FOR THE PRESENTATION AND FOR EVERYONE WHO SPOKE TONIGHT.

SO A FEW QUESTIONS FROM FOLKS THAT BROUGHT UP SOME OF THE QUESTIONS DURING THEIR PUBLIC COMMENT. SO I KNOW THAT THE APPELLANT MENTIONED THE SETBACKS AND THAT THERE WERE DIFFERENT PROPERTIES THAT HAVE DIFFERENT SET BACKS, WHETHER IT WAS 20 FEET, 15 FEET.

AND THEN, OF COURSE, THE ONE CURRENTLY THAT WE'RE LOOKING AT, THE PROJECT WE'RE LOOKING AT IS THE SET BACK IS SMALLER.

SO JUST TRYING TO UNDERSTAND, YOU KNOW, IF THAT'S ACCURATE.

AND THEN, OF COURSE, YOU KNOW, I KNOW THE APPLICANT MENTIONED THAT IT DOES FIT WITHIN, OBVIOUSLY, THE ZONING REQUIREMENTS AND ALL OF THE OTHER.

IT'S IN COMPLIANCE WITH EVERYTHING ELSE AND THAT THERE WEREN'T ANY VARIANCES.

SO JUST WANTED TO CHECK IN ABOUT THAT.

SURE, SO I PULLED UP THE AERIAL PHOTO HERE ON THE SCREEN AND THERE ARE VARYING SETBACKS ALONG THIS STREET. I CAN REALLY ONLY SPEAK TO THE DEVELOPMENT STANDARDS THAT ARE IN PLACE TODAY FOR A DEVELOPMENT, AND THAT'S FOR THE PLANNED DEVELOPMENT ORDINANCE FOR A CONDO PROJECT. THE FRONT SET BACK IS 10 FEET FOR THE MAIN STRUCTURE.

THAT'S FROM THE PROPERTY LINE, WHICH IS ABOUT EIGHT IN THIS CASE, ABOUT EIGHT FEET BACK FROM THE FACE OF CURB.

SO IT'S ABOUT 18 FEET FROM THE FACE OF CURB.

HOWEVER, WITH THAT SAID, THE ONES THAT ARE 20 FEET BACK, THEY'RE PROBABLY ABOUT TWENTY EIGHT FEET BACK FROM THE FACE OF CURB.

THE OTHER REQUIREMENT IS THAT THE FRONT FACING GARAGE BE LOCATED AT LEAST 20 FEET BACK.

AND I BELIEVE THAT WAS ENCOURAGED OR PUT IN PLACE SO THAT VEHICLES COULD PARK IN THE GARAGE AND NOT HANG OUT INTO THE SIDEWALK.

SO THE ONE CAR THAT OR THE ONE GARAGE THAT FACES THE STREET DOES HAVE THE 20 FOOT SETBACK TO THE FACE OF THAT GARAGE, BUT THE REST OF THE STRUCTURE IS 10 FEET.

OK, THANK YOU.

AND THEN I KNOW FOLKS MENTIONED PARKING CONCERNS, SO I JUST WANTED TO TOUCH BASE.

I KNOW THAT THERE ARE GARAGES PROPOSED, FROM WHAT I UNDERSTAND, AND THIS MIGHT BE MORE A QUESTION FOR THE APPLICANT.

I KNOW THAT THERE ARE GARAGES PROPOSED AND PREVIOUSLY FOR A PROJECT THAT WE'VE HAD.

I KNOW FOR SOME YOU KNOW, WE HAD ASKED IF IN THE CCNRS YOU WOULD, YOU KNOW, REQUIRE THE PARKING IN THE GARAGE TO MAYBE MITIGATE, YOU KNOW, SOME OF THE CONCERNS THAT FOLKS HAVE BROUGHT UP. IS THAT SOMETHING YOU HAVE CONSIDERED? AND THEN IN TERMS OF LET'S SEE HERE, I HAVE A FEW QUESTIONS, SO BEAR WITH ME HERE.

OK, AND THEN IN TERMS OF TIMELINE, I KNOW FOLKS WERE CONCERNED ABOUT THIS BEING KIND OF, YOU KNOW, FAST FORWARDED, I JUST WOULD LOVE TO HEAR WHEN THIS WAS STARTED, WHERE WE'RE AT IN TERMS OF THAT TIMELINE AND WHERE WE'RE GOING.

[01:40:01]

STAFF HAS WORKED WITH, AS MENTIONED BY THE APPLICANT, HE HAS DONE MULTIPLE PROJECTS IN THE CITY OF CARLSBAD. SO HE DOES HAVE A GOOD UNDERSTANDING OF THE CITY CITY CODES.

BUT HE STILL CHOSE TO DO A PRELIMINARY REVIEW WHERE THE CITY DID PROVIDE FEEDBACK.

AND AS HE MENTIONED, BASED ON THAT FEEDBACK, AS WELL AS HIS FEEDBACK WITH THE NEIGHBORS, THE PROJECT DESIGN DID CHANGE, I BELIEVE, BEFORE THE FORMAL APPLICATION AND THEN MAYBE EVEN AFTER THE FORMAL APPLICATION IN OCTOBER OF 2020.

PROJECTS LIKE THIS ON THIS SCALE ARE TYPICALLY ABOUT FOUR TO SIX MONTHS AT A BEST CASE SCENARIO, IF THERE'S NOT A LOT OF ISSUES.

AND I THINK THAT'S ABOUT THE TIMELINE WE WERE ON ABOUT SIX MONTHS FROM OCTOBER 2020 TO APRIL 2021. OK, AND THEN I KNOW THERE WAS MENTION OF, FOR INSTANCE, SOMEONE MENTIONED SB NINE AND 10, THOSE ARE STILL IN CONSIDERATION.

SO I'M ASSUMING WHAT WAS BEING REFERENCED WAS SB 330.

CORRECT? AND WITH REGARDS TO COMPLIANCE WITH STATE LAW FOR THE DENSITY.

SO WHAT WE WERE REFERENCING THERE WAS THE SITUATION WHERE WE HAD GROWTH MANAGEMENT CONTROL POINTS THAT WE'RE NO LONGER ABLE TO ENFORCE, AS CHRIS WAS DESCRIBING IN THE PRESENTATION, THE GENERAL PLAN HAS A RANGE FOR THE PROPERTY.

WHEN WE DID HAVE THE GROWTH CONTROL POINTS, THE CONTROL POINT WAS SORT OF A, I DON'T KNOW, A TEMPORARY MAXIMUM, IF YOU WILL, UNLESS ADDITIONAL FINDINGS OF FACILITIES WERE AVAILABLE. NOW, WE DON'T HAVE THAT BACKSTOP AND THEY'RE ABLE TO GO HIGHER TO THE TOP OF THE RANGE. IN THIS PARTICULAR PROJECT'S CASE, IT'S NOT AT THE TOP OF THE RANGE.

IT'S KIND OF BETWEEN THE CONTROL POINT AND THE TOP OF THE RANGE.

ONE OF THE THINGS I THINK ALONG THE LINE THAT YOU MAY BE QUESTIONING IS IN THE BEACH AREA IN THIS PARTICULAR PART OF THE COMMUNITY, IT HAS A MEDIUM TO HIGHER GENERAL PLAN DENSITY THAT'S BEEN ON THAT AREA FOR QUITE, QUITE A LONG TIME, PROBABLY SINCE INCORPORATION TIME.

AND THE R3 ZONING AND WHAT YOU SEE ON THE GROUND WITH THE R3 ZONING, IT ALLOWS SINGLE FAMILY HOMES AND ALSO ALLOWS MULTIFAMILY.

AND THAT'S WHY YOU GET THAT MIX IN THE NEIGHBORHOOD.

AND SO ON SOME STREETS, IT WAS MAYBE MORE PREDOMINANTLY SINGLE FAMILY AND OVER TIME IT STARTED TO TRANSITION.

BUT THERE HASN'T BEEN A CHANGE IN THE ZONING OR THE GENERAL PLAN THAT WOULD TRIGGER THAT SORT OF TRANSITION.

THANK YOU. AND JUST A FEW MORE SO WITH REGARDS TO I KNOW SOMEONE MENTIONED INFRASTRUCTURE RELATED ISSUES, JUST WANTED TO TOUCH BASE ON, YOU KNOW, IF WE HAD HEARD ISSUES AROUND THAT PRIOR TO THE APPLICATION AND WHAT WHAT'S BEING DONE TO POTENTIALLY MITIGATE? TO MY KNOWLEDGE, I HAD NOT HEARD ABOUT THE POTENTIAL INFRASTRUCTURE ISSUES OUT THERE.

I KNOW THE PROJECTS DID GET REVIEWED BY OUR LAND DEVELOPMENT ENGINEERING DEPARTMENT.

I CAN'T SAY IF THE PUBLIC OR THE UTILITIES DEPARTMENT DID LOOK AT THIS SPECIFIC PROJECT.

HOWEVER, I'M SURE THEY'LL TAKE A LOOK AT IT WITH BUILDING PERMITS.

OK. AND THAT'S IT FOR NOW.

THANK YOU. OTHER QUESTIONS.

MR. BLACKBURN. ONE OF THE SPEAKERS WAS A LITTLE CONCERNED THAT THEY'RE PLANNING COMMISSION MEETING WAS DONE VIA ZOOM AND NOT ALL THE SPEAKERS WHO WANTED TO SPEAK SPOKE BECAUSE OF COMPUTER COMPUTER SHYNESS OR NOT WANTING TO BE ON ZOOM.

HOW MANY SPEAKERS SPOKE AT THE PLANNING COMMISSION? DO YOU REMEMBER? AND THERE WAS ALSO SOME VERY IMPASSIONED SPEAKERS.

AND I WONDERED IF THEY HAD AN OPPORTUNITY TO BE HEARD BY THE PLANNING COMMISSION AS WELL? SO THE STRUCTURE OF THE PLANNING COMMISSION DURING THE COVID PANDEMIC WAS THAT WHEN THEY SUBMITTED COMMENTS, THEY WOULD NOTE IF THEY WOULD LIKE TO BE READ INTO THE RECORD VERSUS JUST ATTACHED TO THE STAFF REPORT.

I DON'T HAVE THE EXACT NUMBER.

IF MY RECOLLECTION IS THAT THE ADMIN SECRETARY READ A HANDFUL, MAYBE FOUR OR FIVE, INTO THE RECORD, AND THEN WE RECEIVED MORE THAT WERE ATTACHED TO THE STAFF REPORT AND DISTRIBUTED TO THE PLANNING COMMISSIONERS WITH THE STAFF REPORT.

SO ANY SPEAKERS AT THE PLANNING COMMISSION LEVEL DIDN'T GET TO ACTUALLY SPEAK, JUST THEY WROTE IT AND SOMEBODY READ IT INTO THE RECORD.

THAT'S CORRECT. OK, GO BACK TO THE STATE INFLUENCE ON THE ZONING.

HELP ME UNDERSTAND. EARLIER, WE TALKED A LITTLE BIT ABOUT THAT IT'S R3.

BUT IF THAT FALLS IT LIKE R3 AND A HALF, WE COULD ROUND UP TO FOUR.

I KNOW YOU TRIED TO EXPLAIN THAT, BUT I DIDN'T COMPLETELY UNDERSTAND IT.

WOULD YOU HELP ME? SO THE R3 DESIGNATION DOES NOT MEAN THREE UNITS FOR A PROPERTY.

IT'S ACTUALLY JUST THE MULTIFAMILY DESIGNATION, WHICH CAN BE CONFUSING, ESPECIALLY WHEN YOU WHEN THERE'S OCCUPANCIES OF R3 THAT MEAN SOMETHING TOTALLY DIFFERENT.

[01:45:03]

IN THIS CASE, IF YOU GO AT THE LOW RANGE OF 15 UNITS PER ACRE, YOU GET THREE UNITS MINIMUM. IF YOU GO TO THE MAXIMUM OF 23, YOU GET FOUR POINT THREE UNITS.

YOU SINCE YOU CANNOT EXCEED THE MAXIMUM, THAT HAS TO BE ROUND DOWN TO FOUR.

SO YOU'RE AT THREE OR FOUR.

THERE IS AN EXCEPTION FOR ONE SINGLE FAMILY HOME ON THE LOT THAT EXISTED PRIOR TO A CERTAIN YEAR. SO IN THIS CASE, ONE, THREE OR FOUR UNITS IS PERMITTED ON THE PROPERTY.

UNLESS THEY INVOKE A STATE DENSITY BONUS, THEN UP TO SEVEN UNITS COULD BE ON THE PROPERTY. OK, EARLIER, I MAY HAVE MISUNDERSTOOD YOU, BUT PLEASE HELP ME UNDERSTAND.

YOU SAID THAT THAT IT WOULD BE ZONED FOR THREE PLUS UNITS AND IT WAS DISCRETION OF STAFF TO DECIDE THAT IT COULD GO TO FOUR RATHER THAN THREE.

DID I MISUNDERSTAND THAT? YEAH. SO IN THE MUNICIPAL CODE THERE'S A TABLE THAT DESCRIBES WHEN YOU DO THE CALCULATIONS FOR THE UNIT YIELD AND WHEN YOU USE THE GROWTH MANAGEMENT CONTROL POINT AND YOU RECEIVE A CALCULATION OF POINT FIVE OR GREATER, IT DOES SAY YOU MAY ROUND UP.

NOW, THE MAY IS SUBJECT TO FINDINGS AND THOSE FINDINGS GENERALLY HAVE TO DO WITH ONE.

YOU DO NOT EXCEED THE DENSITY BY ROUNDING UP, WHICH IN THIS CASE FOR UNITS IS AT 21 UNITS PER ACRE. SO YOU DO NOT EXCEED THE DENSITY THERE WITH FOUR UNITS.

AND THEN THE OTHER MAIN FINDINGS HAVE TO DO WITH CITY COUNCIL POLICY 43 AND THE CITY'S EXCESS DWELLING UNIT BANK, WHICH BASICALLY EXEMPTS PROJECTS THAT ARE ROUNDING UP FOR A FRACTIONAL UNIT TO THE NEXT HOLE NUMBER FOR A POINT FIVE OR GREATER.

AGAIN, AS NOTED, THAT'S HOW THIS PROJECT WAS EVALUATED.

HOWEVER, THE CITY COUNCIL THE NIGHT BEFORE SHORTLY PASSED THE RESOLUTION RECOGNIZING STATE LAW PREEMPTS THAT.

OK. AND MY NEXT QUESTION IS FOR OUR CITY ATTORNEY.

PLEASE HELP ME UNDERSTAND THE LAW A LITTLE BIT ON THIS.

THE PLANNING COMMISSION DOESN'T GET TO USE A MOTION.

THEY HAVE A SET OF STANDARDS THAT THEY HAVE TO FOLLOW.

IS THAT ACCURATE? THAT'S CORRECT.

SO ONE OF MY ON MY NOTES, I WROTE THAT THE ONLY WAY WE CAN REVERSE PLANNING COMMISSION'S DECISION WITH THIS APPEAL IS AN ERROR OR ABUSE OF DISCRETION, WHICH I, I DON'T THINK I CAN FIND OR THEY OR THERE WAS NOT A FAIR AND IMPARTIAL HEARING.

AND I KIND OF FALL BACK ON A FAIR HEARING WHERE IF IT WAS NON COVID, ALL OF THESE SPEAKERS WOULD HAVE GOTTEN THE OPPORTUNITY TO BE HEARD BY THE THE PLANNING COMMISSION.

IN THIS PARTICULAR CASE, IT WAS ALL DONE BY BEING READ INTO THE RECORD BY A THIRD PARTY.

WOULD THAT BE A REASONABLE LEGAL REASON TO TURN THIS BACK TO THE PLANNING COMMISSION SO THAT THESE RESIDENTS CAN BE HEARD FIRSTHAND BY THE PLANNING COMMISSIONERS? THE PLANNING COMMISSION MEETING WAS HELD IN ACCORDANCE WITH THE LAWS IN PLACE AT THE TIME AND THE EXECUTIVE ORDERS THAT GAVE US THAT RELIEF FROM THE BROWN ACT, ALL OF THE INTERESTED CITIZENS WERE ALLOWED TO PARTICIPATE, ALTHOUGH I RECOGNIZE THEY WEREN'T ALLOWED TO TESTIFY ORALLY.

WHEN WE TALK ABOUT A LACK OF A FAIR OR IMPARTIAL HEARING.

WE GENERALLY ARE TALKING ABOUT SOMETHING THAT, FOR INSTANCE, A COMMISSIONER WITH A CONFLICT OF INTEREST OR A PROCEDURAL ISSUE THAT CREATED UNFAIRNESS TO IN THE HEARING PROCESS ITSELF. SO PROCEDURAL DUE PROCESS IS WHAT WE'RE TALKING ABOUT.

SO THE OPPORTUNITY TO BE HEARD, THE OPPORTUNITY TO HAVE A FAIR PROCESS AND THE OPPORTUNITY TO HAVE A FAIR, IMPARTIAL DECISION MAKER, THOSE ARE THE THINGS THAT WE SHOULD FOCUS ON. IT WOULD BE HARD FOR ME TO DETERMINE THAT FOLLOWING THE LAW CREATED IMPART, A LACK OF FAIRNESS IN A HEARING.

OK AND WOULD CLEARLY, YOU KNOW, WHERE I'M TRYING TO GO WITH THIS.

SO HELP ME WITH THIS.

IF IF THIS BODY CHOSE TO DETERMINE THAT, YES, IT WAS BAD CIRCUMSTANCES.

YES, THE LAW ALLOWED FOR DIFFERENT CONDITIONS UNDER THE COVID RULES.

COULD THIS BODY LEGALLY SEND US BACK WITH THE IDEA THAT THEY DIDN'T GET A FAIR SHAKE OR A FAIR HEARING BECAUSE THEY WEREN'T ABLE TO SPEAK DIRECTLY TO THE COMMISSIONERS AND THE COMMISSIONERS WERE NOT ABLE TO HEAR THEM? DO WE HAVE THE FLEXIBILITY OR THE LATITUDE TO MAKE THAT DECISION AS A COUNCIL? YOU HAVE THE ABILITY TO UPHOLD, MODIFY OR OVERTURN THE PLANNING COMMISSION DECISION.

YOU'VE JUST PROVIDED A SECOND OPPORTUNITY FOR PEOPLE TO BE HEARD ORALLY HERE.

SO YOU HAVE A SECOND ARGUMENT AGAINST FINDING A LACK OF OF IMPARTIALITY OR UNFAIRNESS.

AND I DON'T. I ALSO WANT TO REMIND YOU THAT IF YOU GET OVER THE HURDLE OF WHAT IT TAKES

[01:50:05]

AND THAT IS THAT IN ORDER TO MAKE THESE DETERMINATIONS, YOU HAVE VERY STRICT DEFINITIONS OF EVIDENTIARY BACKGROUND THAT YOU'RE REQUIRED TO MEET.

AND IF YOU COULD PUT THAT BACK UP, MR. GARCIA, I THINK IT WOULD HELP THE COUNCIL TO REMIND YOU.

AND THAT IS AN AREA WHERE YOUR DISCRETION HAS BEEN PREEMPTED BY THE STATE IN TERMS OF SB 330. THE STATE HAS DECLARED THERE'S A HOUSING EMERGENCY.

AND ONE WAY THAT THEY HAVE DEALT WITH THAT EMERGENCY IS BY TRUNCATING OR RELIEVING THE COUNCIL OF SOME DISCRETION.

AND WHAT THEY'VE DONE IS MAKE IT DIFFICULT FOR YOU.

SO THIS IS SOMETHING THAT WE WOULD HAVE TO HAVE THE COUNCIL IDENTIFY FOR US.

YOU'D HAVE TO FIND IT BASED ON THEIR PREPONDERANCE OF THE EVIDENCE.

THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT AND THAT THERE'S NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE THAT.

AND THERE'S ANOTHER PROVISION THAT TALKS ABOUT THE EVIDENTIARY STANDARD THAT HAS TO BE BASED ON OBJECTIVE DATA AND IDENTIFIED PREVIOUSLY.

I CAN'T RECALL THE EXACT LANGUAGE, BUT I CAN LOOK IT UP IF THE COUNCIL NEEDS IT.

SO SO THIS WOULD BE THE HURDLES THAT YOU WOULD NEED TO GET OVER AND FIND IN THIS RECORD IN ORDER TO BE ABLE TO GRANT THE APPEAL.

THANK YOU FOR HELPING ME THROUGH THAT.

NO, THANK YOU.

AND THAT'S ALL MY QUESTIONS.

THANK YOU. COUNCIL MEMBER ACOSTA.

THANK YOU. I AM LOOKING THROUGH THE PACKET SAW THE ISSUES CITED IN THE APPEAL AND THE STAFF'S RESPONSES TO ALL OF THOSE.

WE'VE HAD THIS PRESENTATION JUST NOW AND ADDITIONAL CONCERNS.

AND I THINK THIS IS ONE OF THE HARDEST THINGS ABOUT BEING A COUNCIL MEMBER AND LEARNING THE ROPES, LEARNING WHAT THE LAWS ARE AND THE PREVIOUS PLANS AND ZONING THINGS THAT ARE IN PLACE ALREADY PREVENT US FROM MAKING A DECISION THAT IS IN VIOLATION OF OUR OUR PLANS THAT WE ALREADY HAD OUR ZONING, THAT WE ALREADY HAD, OUR RULES AND LAWS THAT WERE ALREADY IN PLACE. SO ONE OF THE QUESTIONS THAT THAT I SAW THAT WASN'T EXACTLY ADDRESSED AND WAS BROUGHT UP SEVERAL TIMES WAS ABOUT THE CHARACTER OF THE NEIGHBORHOOD.

AND I WAS JUST WONDERING IF SOMEONE CAN REMIND ME WHAT HAPPENED ABOUT WHAT HAPPENED TO THOSE OBJECTIVE DESIGN STANDARDS WE WERE PREVIOUSLY TALKING ABOUT.

ARE THEY IN PLACE? ARE THEY COMING? DO WE HAVE PEOPLE WHO TALK A LOT ABOUT COMMUNITY CHARACTER? DO WE HAVE SOMETHING IN PLACE NOW TO ENSURE THAT THE ARCHITECTURE AND DESIGN IS SIMILAR? SURE, IN REGARD TO THE OBJECTIVE DESIGN STANDARDS, WE DO HAVE A REQUEST FOR PROPOSALS OUT RIGHT NOW, SO WE ARE TRYING TO SOLICIT A FIRM TO HELP US DEVELOP THOSE.

AND THEN WE WOULD, YOU KNOW, WORK THROUGH PUBLIC INPUT AS WELL AS BRING IT BACK TO THE PUBLIC HEARING PROCESS.

SO WE'RE WE'RE QUITE A WAYS OFF FROM HAVING THOSE COMPLETED, BUT THEY ARE IN THE PIPELINE. OK, SO OBJECTIVE DESIGN STANDARDS ARE IN THE PIPELINE.

IT'S SOMETHING THAT'S COMING FOR THIS AREA, BUT WE DON'T HAVE THEM YET.

CORRECT. OK, GREAT.

THANK YOU. THE OTHER THE OTHER CONCERN THAT I DIDN'T HEAR QUITE ASKED AND ANSWERED WAS ABOUT THE THE PARKING.

AND I JUST WONDERED IF THERE WAS SOMETHING COMING OR MAYBE IN THE PIPELINE THAT RELATED TO PARKING. I REMEMBER SPECIFICALLY ONE OF THE PUBLIC COMMENTS THAT WAS JUST MADE ABOUT ONLY ONE CAR BEING ABLE TO GO DOWN THE STREET IF PEOPLE PARK ON BOTH SIDES.

SO I WAS JUST KIND OF WONDERING IF THERE WAS ANY EVALUATION OF THE PARKING IN THIS AREA? SO THE THE PROJECT IN IN THE BEACH AREA OVER LAY ZONE'S REQUIRED TO HAVE THEIR VISITOR PARKING OFF OR ON THEIR PROJECT SITE, AND IT DOES NOT ALLOW THEM TO TAKE CREDIT FOR ON STREET PARKING. WE KNOW PEOPLE PARK ON THE STREET.

MY UNDERSTANDING IS THERE IS A STREET WIDTH TO BE ABLE TO PARK ON BOTH SIDES OF THE STREET AND THAT THE STREET DOES MEET THAT STANDARD FOR PARKING ON BOTH SIDES OF THE STREET. OK, THANK YOU.

I DON'T HAVE ANY FURTHER QUESTIONS.

OK, WHO WOULD LIKE TO GO FIRST? MR. BLACKBURN. LET ME FIRST SAY THAT I THINK THAT YOUR DEVELOPMENT IS BEAUTIFUL.

I LOOKED AT IT AND I THOUGHT IT WAS JUST WONDERFUL.

BUT I ALSO FEEL DROPPING THAT BEAUTIFUL PROPERTY IN THE MIDDLE OF THIS NEIGHBORHOOD IS IS HEARTBREAKING. I LOOKED AT THAT NEIGHBORHOOD, IT WAS WHAT BUILT IN THE 50S OR 60S, I THINK IT WAS SO QUAINT, IT'S SO NICE.

IF I COULD AFFORD TO LIVE THERE, I PROBABLY WOULD.

I THINK THAT ANYBODY, NOT JUST ME AND NOT JUST THESE RESIDENTS, I THINK ANYBODY WHO HAD A

[01:55:01]

UNFORTUNATELY, WE HAVE TO FOLLOW THE LAW.

AND THE LAW SAYS THAT WE CAN'T REVERSE THIS UNLESS THERE'S AN ERROR OF ABUSE OR DISCRETION. AND I CAN'T FIND THAT THERE'S ANY ABUSE OF DISCRETION BY THE PLANNING COMMISSION. AND IT SAYS THAT THEY WERE THAT THE APPELLANT DIDN'T GET A FAIR AND IMPARTIAL HEARING AND.

THE CITY ATTORNEY WAS NICE ENOUGH TO HELP ME THROUGH THE LEGAL LEGALITIES OF THIS AND AND PUT THE LAW UP THERE, EVERY FIBER OF MY BEING WANTS TO SAY NO TO THIS PROJECT.

IT JUST DOESN'T FIT IN THERE.

BUT LEGALLY, I HAVE TO TO SUPPORT STAFF'S DECISION AND SUPPORT THE DENIAL OF THE PROTEST, BUT I WANT TO SAY TO THE NEIGHBORS, I'M SO SORRY THAT I HAVE TO DO THAT, BUT IT'S THE LAW. DR.

BHAT-PATEL. SURE, THANK YOU FOR, YOU KNOW, FOR EVERYONE THAT CAME OUT TONIGHT.

I WON'T REPEAT WHAT THE MAYOR PRO TEM JUST SAID, BUT SIMILARLY, I WAS TRYING TO FIND, YOU KNOW, IF THERE WAS A WAY THAT I COULD FIND SOME EVIDENCE OF PUBLIC HEALTH OR SAFETY.

AND THEN, OF COURSE, IF THERE WAS AN IMPARTIAL HEARING AT ALL AND I, TOO, WAS UNABLE TO FIND THAT. SO TO UPHOLD THE LAW, SIMILARLY, I WILL BE HAVING TO VOTE TO DENY THE APPEAL.

COUNCIL MEMBER ACOSTA, THANK YOU.

AS I PREVIOUSLY SAID, THIS IS ONE OF THE MOST FRUSTRATING THINGS ABOUT BEING HERE AND LEARNING THE ROPES OF BEING A COUNCIL MEMBER AND WHAT IT MEANS.

AND PART OF WHAT IT MEANS IS UPHOLDING THE LAW.

I SIT ON THE CITY'S LEGISLATIVE COMMITTEE, AND I KNOW I'M GOING TO TALK ABOUT THAT AT THE END OF THE MEETING WHEN I GIVE MY UPDATES.

BUT THE STATE REALLY HAS BEEN PUSHING DOWN REALLY HARD ON ON HOUSING AND AND DOING THINGS THAT TAKE AWAY OUR LOCAL CONTROL RELATED TO HOUSING BECAUSE THERE'S A LACK OF HOUSING STATEWIDE. SO THEY'VE TIED OUR HANDS IN A LOT OF WAYS THEY'RE CONTINUING TO TRY TO DO IT EVEN MORE. BUT IN THIS CASE, IT'S PRETTY CLEAR THAT WE WOULD PUT OURSELVES AT SIGNIFICANT RISK IF WE TRIED TO TO COME UP WITH SOME SOMETHING THAT WAS TOO CREATIVE, BECAUSE THIS IS PRETTY CLEAR THAT THIS FALLS WITHIN THE LAW AS AS IT IS AND WE CAN'T UPHOLD THE APPEAL.

AND I WOULD JUST ECHO MY COLLEAGUES, AND IF THERE'S ONE THING THAT I THINK IS FOR US AS A COMMUNITY THAT WE NEED TO BE VERY AWARE OF IS HOW THE QUALITY OF OUR LIFE IS BEING ERODED BY THE STATE OF CALIFORNIA.

[APPLAUSE] COME ON.

PLEASE, PLEASE. SO SO YOU JUST YOU GOT TO THINK ABOUT THAT AND YOU IN THE AUDIENCE ARE IN CONTROL. IF IF COME ON, PLEASE.

SO IF YOU WOULD PLEASE IF YOU THINK ABOUT WHAT WE'VE CREATED BACK IN THE 80S AND 90S WITH GROWTH MANAGEMENT, WE HAD A LOT OF CONTROLS.

I MEAN, EVEN TO THE HOUSING CAP, ALL THOSE ARE BEING ERODED.

SO I TOO WOULD ECHO WHAT MY COLLEAGUES SAY.

BUT GOING FORWARD, IF YOU WANT YOUR QUALITY OF LIFE BACK, YOU'RE GOING TO HAVE TO MAKE CHANGES AT THE STATE LEVEL.

SO WITH THAT, IF WE COULD HAVE A MOTION.

MOVE ADOPTION OF THE RESOLUTION CONTAINED AN AGENDA ITEM NUMBER 13, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION.

SECOND. PLEASE VOTE.

OK, THE DENIAL HAS BEEN UPHELD, SO.

WITH THAT, LET'S TAKE A 10 MINUTE BREAK AND THEN WE'LL BE BACK HERE.

WHAT TIME DO WE HAVE? SOMEBODY HAVE THE TIME? IT'S EIGHT O'CLOCK.

WE'LL BE BACK AT 8:10.

AND MOVE ON TO DEPARTMENTAL AND CITY MANAGER REPORTS.

ITEM 14, AUCTION TO PRESERVE OPEN SPACE AND RECREATION IN THE SOUTHWEST QUADRANT.

[14. OPTIONS TO PRESERVE OPEN SPACE AND RECREATION IN THE SOUTHWEST QUADRANT]

AND GOOD EVENING, COUNCIL MEMBERS.

MR. MAYOR, I WAS JUST COMMENTING WITH MY COLLEAGUES THAT I'VE BEEN WITH THE CITY 17 MONTHS NOW AND I'VE GIVEN 18 PRESENTATIONS OVER THAT PERIOD OF TIME.

AND THIS IS MY FIRST PRESENTATION ACTUALLY IN FRONT OF YOU.

SO VERY EXCITED.

AND I WELCOME THE OPPORTUNITY.

SO AS AS MR. CHADWICK HAD MENTIONED, THIS IS ITEM NUMBER 14 WHERE WE ARE GOING TO COVER SOME OPTIONS ON PRESERVING OPEN SPACE IN RECREATIONAL SPACE IN THE SOUTHWEST QUADRANT.

[02:00:03]

FOLLOWING THE DISCUSSION, THE CITY COUNCIL PASSED A MINUTE MOTION DIRECTING STAFF TO RETURN WITHIN SIX MONTHS TIME WITH INFORMATION REGARDING PLANNING AREA F AND OTHER COASTAL PROPERTIES TO PRESERVE OPEN SPACE AND RECREATION.

THE STAFF REPORT IN THIS PRESENTATION IS INTENDED TO SATISFY COUNCIL'S DIRECTION.

NOW, SPEAKING OF THE PRESENTATION, THIS SLIDE SHOWS THE TOPICS WE'LL BE COVERING THIS EVENING, INCLUDING A BRIEF OVERVIEW OF THE PERFORMANCE STANDARDS, WHAT SITES ARE AVAILABLE IN THE COASTAL AREA OF THE SOUTHWEST QUADRANT FOR POSSIBLE PARKS AND OPEN SPACE, THE CHALLENGES OF SECURING THOSE SITES, WHAT OPPORTUNITIES EXIST WITH THE REALIGNMENT OF CARLSBAD BOULEVARD? AND THEN WE'LL CONCLUDE WITH A POSSIBLE PATH FORWARD.

SO WITH THAT, WE'LL BRIEFLY TALK ABOUT THE STANDARDS FOR PUBLIC FACILITIES.

NOW, THE CITY STANDARDS FOR PUBLIC FACILITIES ARE WELL-ESTABLISHED WITHIN THE CITY'S GROWTH MANAGEMENT PLAN, WHICH WAS ADOPTED BY THE CITY COUNCIL AND PASSED BY THE VOTERS BACK IN 1986.

AMONG OTHER REQUIREMENTS, THE GMP PLACES CONDITIONS ON HOW GROWTH IS TO OCCUR IN THE CITY, INCLUDES A MINIMUM PERFORMANCE STANDARDS FOR WHEN AND WHERE PUBLIC FACILITIES ARE TO BE PROVIDED AND INCLUDED IN THE GMP ARE STANDARD SPECIFICALLY FOR PARKS AND OPEN SPACE. NOW, TO ENSURE COMPLIANCE WITH THE STANDARDS, THE CITY WAS DIVIDED INTO 25 LOCAL FACILITIES MANAGEMENT ZONES.

EACH ZONE ALSO HAS AN ADOPTED LOCAL FACILITIES MANAGEMENT PLAN, WHICH IN TURN DESCRIBES HOW THE ZONE WILL BE DEVELOPED, HOW COMPLIANCE WITH THE GMP STANDARDS WILL BE ACHIEVED, AND HOW THE NECESSARY PUBLIC FACILITIES WILL BE PROVIDED.

SO HERE'S A MAP OF THE CITY WHICH SHOWS THE FOUR QUADRANTS OF THE CITY IN THE FOUR DIFFERENT COLORS AND THE 25 DIFFERENT ZONES, THE BOUNDARIES OF WHICH ARE LARGELY FOLLOW ROAD ALIGNMENTS AND PROPERTY BOUNDARIES, WHICH IS KIND OF WHY THEY'RE AWKWARDLY SHAPED HERE. AS MENTIONED, THE CITY COUNCIL DIRECTION WAS TO LOOK AT OPPORTUNITIES FOR PLANNING AREA F AND OTHER COASTAL PROPERTIES.

SINCE PLANNING AREA F IS LOCATED IN THE SOUTHWEST QUADRANT, WE FOCUSED OUR SEARCH IN THAT PARTICULAR QUADRANT.

ALSO, WE FURTHER REFINED OUR FOCUS TO ONLY INCLUDE THOSE ZONES THAT WERE ALONG THE COAST, WHICH INCLUDE ALL OF ZONE NINE, WHICH IS WHERE PONTO ARE, WHICH WERE AS PONTO AS WELL AS PLANNING AREA F IS LOCATED, THE ENTIRETY OF ZONE 22.

AND THAT PORTION OF THE ZONE THREE, THAT IS IN THE SOUTHWEST QUADRANT.

REGARDING THE STANDARDS FOR OPEN SPACE, THE GMP REQUIRES THAT 15 PERCENT OF THE TOTAL LAND AREA IN THAT AND ANY SINGLE ZONE BE SET ASIDE FOR PERMANENT OPEN SPACE, AS REFLECTED IN PRIOR ANNUAL REPORTS TO THE CITY COUNCIL, AS WELL AS ON THIS SLIDE.

THIS OBJECTIVE WAS FOUND TO BE SATISFIED IN 1986 WHEN IT WAS DETERMINED THAT SEVERAL ZONES, INCLUDING ZONES THREE AND NINE, WERE ALREADY DEVELOPED OR IN COMPLIANCE WITH THE STANDARD.

ZONE 22 HAS PRESERVED CLOSE TO 17 ACRES OF ITS 22 ACRE REQUIREMENT.

BUT THERE IS STILL DEVELOPMENT POTENTIAL IN THAT ZONE.

AS DEVELOPMENT OCCURS, THE PROJECTS WILL BE CONDITIONED TO MEET THE RESPECT OF OPEN SPACE REQUIREMENTS. AS SUCH, CONTRARY TO WHAT YOU MIGHT HEAR THIS EVENING, THE CITY IS IN COMPLIANCE WITH THE GMP STANDARD FOR OPEN SPACE.

UNDERGROWTH MANAGEMENT, THE STANDARD FOR PARK SPACE IN THE CITY IS THREE ACRES FOR EVERY 1000 PEOPLE WITHIN EACH QUADRANT.

THE CHART HERE SHOWS HOW PARK STANDARDS GET APPLIED TO THE DIFFERENT QUADRANTS, SO LOOKING FROM LEFT TO RIGHT, THE COLUMN ON THE FAR LEFT IS THE CITY AS [INAUDIBLE] THE INDIVIDUAL CITY QUADRANTS AND THEN THE BUILD OUT POPULATION PER QUADRANT, WITH THE 3RD COLUMN SHOWING THE PROJECTED NEED BASED ON THE GROWTH MANAGEMENT STANDARD, FOLLOWED BY THE CURRENT PARKS THAT ARE ALREADY PRESERVED WITHIN THOSE QUAD WITHIN THOSE QUADRANTS, AND THEN THE ALLOCATION OF VETERAN'S MEMORIAL PARK AND THEN THE PROJECTED BUILD OUT ONCE VETERAN'S PARK IS PLANNED.

NOW, THE IMPORTANT TAKEAWAY HERE IS THAT WITH THE ADDITION OF VETERAN'S PARK, WE EXCEED OUR PROJECTED PARK STANDARDS FOR EACH OF THE QUADRANT UNDER THE GROWTH MANAGEMENT PLAN.

NOW, AS YOU MAY RECALL FROM A PRESENTATION THAT PARKS DEPARTMENT PROVIDED A FEW YEARS BACK, THERE IS A LOT OF INFORMATION THAT SUPPORT THAT WENT INTO THE DETERMINATION THAT I'M NOT GOING TO REPEAT HERE.

HOWEVER, KYLE LANCASTER OUR PARKS DIRECTOR, IS AVAILABLE.

SHOULD THEY HAVE ANY QUESTIONS ON THIS.

WHAT THE PERFORMANCE STANDARDS EXPLAIN, WE WANT TO TRANSITION TO WHAT SITES MIGHT BE AVAILABLE FOR POSSIBLE PARK OR OPEN SPACE USES SHOULD THE COUNCIL ELECT TO EXCEED THE GMP STANDARD. SO THE MAP HERE ON THE LEFT SHOWS THE THREE ZONE BOUNDARIES, ZONE THREE ON THE TOP IS IN PINK, ZONE 22 IS OUTLINED IN RED AND ZONE NINE IS IN ORANGE.

[02:05:04]

THE AREAS IN GREEN ARE THOSE PROPERTIES THAT ARE EITHER VACANT OR UNDERDEVELOPED.

A COMPLETE LIST OF PROPERTIES IS PROVIDED IN EXHIBIT EIGHT OF YOUR STAFF REPORT.

SO WHEN LOOKING AT THE PROPERTY LIST, MOST OF THE SITES ARE UNDER A HALF ACRE IN SIZE AND SO THEY'RE NOT LIKELY SUITABLE FOR OPEN SPACE OR PARK USE.

HOWEVER, THERE ARE A FEW REASONABLY SIZED SIZED SITES THAT ARE LISTED HERE.

SITE ONE INCLUDES THE 11 ACRE PONTO PROPERTY, WHICH CURRENTLY HAS AN ACTIVE APPLICATION FOR A ONE HUNDRED AND THIRTY SIX MULTI MULTIFAMILY CONDOMINIUM PROJECT AND ROUGHLY 18000 SQUARE FOOT OF COMMERCIAL SPACE FOR RETAILS AND SHOPS.

SITE TWO IS A 14 ACRE PROPERTY OWNED BY NEW AGE CARLSBAD RESORT, WHICH IS ACTIVELY PROCESSING AN APPLICATION FOR A 322 UNIT HOTEL AND TIMESHARE PROJECT, ALONG WITH ROUGHLY 52000 SQUARE FOOT OF COMMERCIAL SERVICES THAT LARGELY SERVICE THE HOTELS, RESTAURANTS, BALLROOMS, MEETING ROOM SPACE.

STAFF IS CURRENTLY WORKING WITH THE COASTAL COMMISSION STAFF AND THE APPLICANT ON SOME REMAINING PROJECT ISSUES RELATED TO THE SEWER ALIGNMENT AND THE PROTECTION OF OPEN SPACE ON THAT PROPERTY. WE AN, WE ANTICIPATE THAT THE PROJECT MAY BE READY FOR PLANNING COMMISSION CONSIDERATION BY THE END OF THIS CALENDAR YEAR.

SITE FIVE IS A SMALLER PARCEL, IT'S ONLY ONE AND A HALF ACRES IN SIZE, THE BUILDINGS ON THE SITE ARE NO LONGER IN USE.

THEY APPEAR TO BE ABANDONED.

THERE IS NO CURRENT PROPOSAL TO DEVELOP THE PROPERTY, BUT WE DID INCLUDE IT HERE BECAUSE IT DOES APPEAR TO BE AN UNDERUTILIZED PIECE OF PROPERTY.

LASTLY, SITE 10 IS OWNED BY ENCINA WASTEWATER AND SITE 11 OWNED BY CARLSBAD MUNICIPAL WATER DISTRICT, AND BASED ON CONVERSATIONS WITH THEIR STAFF, THERE IS AN INTEREST IN EXPANDING THE RECYCLING OPERATIONS INTO A SMALL PORTION, THE NORTHERN PORTION OF BOTH OF THOSE PROPERTIES. HOWEVER, FUTURE PLANS FOR THE USE OF THE REMAINING AREA IS STILL UNDETERMINED AT THIS TIME.

SO WITH THE POTENTIAL SITES IDENTIFIED, LET'S TRANSITION TO THE ACQUISITION CHALLENGES.

SO THE TWO MOST OBVIOUS SITES, WHICH ARE SITES ONE AND TWO, CURRENTLY HAVE ACTIVE DEVELOPMENT PERMIT APPLICATIONS THAT ARE IN PROCESS.

NOW, CONTRARY TO THE RECENT CORRESPONDENCES THAT HAVE BEEN RECEIVED ON THIS ISSUE, THE ZONING AND THE LAND USE ALLOWANCES IN THE CURRENT GENERAL PLAN AND THE LOCAL COASTAL PLAN ALLOW FOR THE TYPE AND DENSITY AND INTENSITY OF THE DEVELOPMENT THE APPLICANTS ARE CURRENTLY PROPOSING IN THEIR APPLICATIONS.

THE RESOLUTIONS AND BACKGROUND SUPPORTING THE STATEMENT CAN BE FOUND IN THE MATERIALS THAT WERE PRESENTED TO THE CITY COUNCIL ON JANUARY TWENTY SIXTH, THEREFORE, THE PROPERTY OWNERS HAVE A LEGAL RIGHT TO PURSUE THE APPLICATIONS TO DECISION.

IN FACT, THE OWNERS OF THE PONTO SITE SUBMITTED AN SB 330 APPLICATION RECENTLY AND CONTRARY TO SOME PUBLIC VIEWS.

SB 330 DOES TIE THE CITY COUNCIL'S HANDS BY LIMITING THE CITY TO ONLY APPLYING THOSE RULES AND REGULATIONS THAT WERE IN PLACE AT THE TIME THE APPLICATION WAS SUBMITTED, WHICH WAS APRIL OF THIS YEAR.

IF THE APPLICATION MEETS THE ZONING AND LAND USE ALLOWANCES UNDER THE CURRENT CITY CODE, THE CITY MUST ACCEPT THE APPLICATIONS.

NOW, THAT BEING SAID, WHILE THE OWNERS OF THE PONTO PROPERTY SUBMITTED A LETTER JUST YESTERDAY SAYING THAT THEIR PROPERTY IS NOT FOR SALE, THE CITY DOES HAVE THE ABILITY TO APPROPRIATE APPROACH ANY OF THESE PROPERTY OWNERS TO SEE IF THEY WOULD BE WILLING TO SELL THEIR PROPERTIES TO THE CITY AT A FAIR MARKET PRICE.

AND ANOTHER CHALLENGE IS, IS THE WILLINGNESS OF THE PROPERTY OWNER TO SELL.

CURRENTLY THE PROPERTY OWNERS WILL WISH TO PURSUE ENTITLEMENTS IF THE OWNERS REMAIN UNWILLING TO SELL THEIR PROPERTY.

THE ALTERNATIVE WOULD BE FOR THE CITY COUNCIL TO DECIDE WHETHER TO PURSUE EMINENT DOMAIN AND ACQUIRE THE PROPERTY THROUGH CONDEMNATION.

IT SHOULD BE NOTED THAT THE FACTORS COMPLICATING THE CITY'S USE OF EMINENT DOMAIN INCLUDE THE AVAILABILITY OF LAND THAT'S ALREADY UNDER THE OWNERSHIP OF THE CITY, AS WELL AS THE CITY'S DETERMINATION.

THERE ARE PARKS STANDARDS HAVE ALREADY BEEN MET.

THE NEXT AREA OF CHALLENGE IS THE FUNDING SOURCE ITSELF.

THERE ARE THREE FUNDING SOURCES THAT OFTEN COME UP AS A MEANS OF FINANCING OPEN SPACE AND PARK ACQUISITION. THE FIRST IS IN THE PARK IN-LIEU FEE FUND FOR THE SOUTHWEST QUADRANT, WHICH CURRENTLY HAS A BALANCE OF ABOUT TWO HUNDRED AND EIGHT THOUSAND DOLLARS.

UNDER THE TERMS OF THE CITY COUNCIL RESOLUTION THAT ESTABLISHED THAT FEE, WHICH IS EXHIBIT 20 OF YOUR STAFF REPORT.

THE FUNDS CAN BE USED FOR PARK AND RECREATIONAL USE, BUT NOT OPEN SPACE ACQUISITION.

THE SECOND SOURCE OF THE COMMUNITY, THE SECOND SOURCE IS THE COMMUNITY FACILITIES DISTRICT NUMBER ONE. NOW, THE FUNDS FROM THAT FROM THE DISTRICT ARE TO BE SPENT ONLY ON 11 SPECIFICALLY IDENTIFIED PUBLIC FACILITIES.

UNFORTUNATELY, THE SITES IN ZONES THREE, NINE AND 22 ARE NOT LISTED IN THE CFD AND THEREFORE NOT ELIGIBLE FOR FUND USE, WHICH LEADS TO THE THIRD SOURCE, WHICH IS THE

[02:10:05]

NOW, THE USE OF GENERAL FUNDS ALSO LEADS TO ANOTHER CHALLENGE, WHICH IS THE REQUIREMENT FOR A PUBLIC VOTE.

NOW, IN 1982, THE VOTERS PASSED PROPOSITION H, WHICH REQUIRES THAT ANY CAPITAL EXPENDITURE FROM THE GENERAL FUND OF A MILLION DOLLARS OR MORE MUST HAVE A MAJORITY APPROVAL OF THE PUBLIC.

IN 2002, THE VOTERS PASSED THE INITIATIVE, AN INITIATIVE THAT GRANTED CERTAIN EXEMPTIONS OF PROP H, WHICH ARE REFLECTED ON THIS SLIDE.

PARK ACQUISITION IS NOT LISTED NOT A LISTED EXEMPTION UNDER PROP C.

HOWEVER, FOLKS HAVE ARGUED THAT ACQUISITION OF NATURAL OPEN SPACE AND TRAILS PROVIDES A CERTAIN LEVEL OF FLEXIBILITY IN THE INTERPRETATION.

HOWEVER, WHAT MANY PEOPLE DO NOT REALIZE IS THE CITY COUNCIL CREATED A CITIZEN'S COMMITTEE IN 2005 TASKED WITH IDENTIFYING AND RANKING OPEN SPACE SITES AND TRAIL SEGMENTS THAT WOULD BE COVERED UNDER THE PROP C EXEMPTION.

FOLLOWING A WELL VETTED REVIEW PROCESS, THE CITY COUNCIL PRIORITIZED 16 SITES CITYWIDE THAT WOULD NOT BE SUBJECT TO THE PUBLIC VOTE REQUIREMENT.

THE POSSIBLE ACQUISITION SITES LISTED IN THE STAFF REPORT ARE NOT ONE OF THE 16 SITES REFLECTED REFLECTED BY THE CITY COUNCIL.

AS MUCH AS SUCH, STAFF FINDS THAT THE GENERAL FUND MONIES OVER A MILLION DOLLARS USED TO ACQUIRE PARK OR OPEN SPACE LANDS REQUIRES A PUBLIC VOTE.

WHILE STAFF HAS IDENTIFIED SEVERAL CHALLENGES, THERE IS AN OPPORTUNITY TO TRY TO ACHIEVE THE DESIRES OF THE COMMUNITY AND COUNCIL IN PROVIDING PARK SPACE IN THIS AREA WITH THE REALIGNMENT OF CARLSBAD BOULEVARD.

SO FOR CLARIFICATION, THE REALIGNMENT PROJECT COVERS THAT PORTION OF CARLSBAD BOULEVARD, GENERALLY BETWEEN PALOMAR AIRPORT ROAD AND LA COSTA AVENUE.

THE PROJECT IS LOCATED IN THE SOUTHWEST QUADRANT AND COVERS COASTAL ZONES NINE AND 22, WHICH IS THE FOCUS OF THIS REPORT.

SO A LITTLE BACKGROUND.

THE CITY RECEIVED FROM THE STATE OF FROM THE STATE, THE CARLSBAD BOULEVARD, RIGHT OF WAY WHEN STATE HIGHWAY WAS REPLACED WITH INTERSTATE I5 IN 1950.

AND SINCE 2008, VARIOUS REALIGNMENT SCENARIOS WERE INVESTIGATED AND A FEW CIP PROJECTS ARE ACTUALLY PURSUED.

IN 2015, AS PART OF THE COMPREHENSIVE UPDATE TO THE CITY'S GENERAL PLAN, A POLICY WAS ADDED THAT ESTABLISHED DETAILED GUIDING PRINCIPLES FOR HOW THE REALIGNMENT WAS TO BE REIMAGINED. THE POLICY, WHICH INCLUDED NINE DETAILED SUB POINTS, TALKS ABOUT THE NEED FOR MULTIMODAL IMPROVEMENTS, RECREATIONAL AND OPEN SPACE, COASTAL GATHERING PLACES AND A SCENIC CORRIDOR. AS PART OF A FEASIBILITY STUDY, STAFF INVESTIGATED HOW MUCH LAND AREA COULD BE FREED UP TO ACHIEVE THE GENERAL PLAN POLICY.

SO LET ME EXPLAIN A LITTLE BIT WHAT YOU'RE SEEING HERE.

THIS IS CARLSBAD BOULEVARD.

IT'S BROKEN INTO THREE PARTS.

THE IMAGE ON THE BOTTOM IS THE SOUTHERN PORTION OF CARLSBAD BOULEVARD NEAR LA COSTA.

AS YOU MOVE NORTH AND THROUGH POINSETTIA IN THE MIDDLE IMAGE AND THEN CONCLUDING TO IN THE TOP IMAGE AT PALOMAR AIRPORT ROAD.

SO THE BLUE LINES SIGNIFIED THE CONCEPTUAL REALIGNMENT OF CARLSBAD BOULEVARD, THE ORANGE LINES ON THIS SLIDE REPRESENT THE EDGE OF THE EXISTING RIGHT OF WAY EASEMENT.

WHAT THE SLIDE HERE SHOWS IS THE AREA WITHIN THE EXISTING RIGHT OF WAY EASEMENT THAT COULD BE MADE AVAILABLE FOR VERY VARIOUS PUBLIC USES.

SO BY THE NUMBERS, THE AREA REPRESENTS ROUGHLY 64 ACRES AND ALMOST THREE LINEAL MILES OF LAND AVAILABLE FOR PARKS, OPEN SPACE USES, AS WELL AS MULTIMODAL ROADS AND TRAILS, BEACH ACCESS AND BEACH PARKING.

THE PROJECT SITE IS ALSO LOCATED IN THE SOUTHWEST QUADRANT, WHERE COMMUNITY MEMBERS HAVE PUBLICLY REQUESTED THESE TYPES OF FACILITIES TO BE LOCATED IN THEIR COMMUNITY.

FINALLY, WHAT MAKES THIS PROJECT THE MOST IDEAL IS THE CITY ALREADY OWNS THE LAND.

NOW, HONING THE DISCUSSION MORE ON THE PONTO AREA, PARTICULARLY THAT PORTION OF THE RIGHT OF WAY SOUTH OF POINSETTIA, THE REALIGNMENT COULD GENERATE SPACE RANGING IN WIDTH FROM 100 TO 200 FEET WIDE AND PROVIDE ROUGHLY 22 ACRES OF AVAILABLE LAND.

POSSIBLE USES THAT SPACE MAY INCLUDE IS TRAILS, POCKET PARKS, OPEN SPACE CORRIDORS, PARK AND BEACH ACCESS.

NOW, CONCERNS HAVE BEEN RAISED IN RECENT CORRESPONDENCES THAT ANY REALIGNMENT IMPROVEMENTS WILL BE REMOVED DUE TO SEA LEVEL RISE.

NOW, STAFF RESPECTFULLY DISAGREES WITH THE LEVEL OF CONCERNS THAT'S BEING RAISED, BUT LET ME EXPLAIN WHY.

SO LET'S LOOK AT AN AERIAL HERE OF THE AREA NEAR PONTO PROPERTY, WHICH IS LOCATED ON THE FAR RIGHT OF THIS SLIDE AND LABELED.

WITH THE NORTH AND SOUTHBOUND LANES OF CARLSBAD BOULEVARD RUNNING ON THE WESTERN PORTION OF THE PROPERTY AND THEN THE CARLSBAD STATE BEACH CAMPGROUND LOCATED WEST OF THAT, WHAT

[02:15:04]

NOW, LOOKING AT THE 2017 SEA LEVEL RISE VULNERABILITY STUDY THAT WAS REFERENCED IN RECENT PUBLIC COMMUNICATIONS, THE STUDY IDENTIFIES THAT THE BEACH AREA IS VULNERABLE TO FLOODING, BUT NOT NECESSARILY THE STATE OR CITY CONTROLLED AREAS, GIVEN THE ELEVATION DIFFERENCE. WHILE THE STUDY DOES IDENTIFY THE BEACH IS VULNERABLE TO FLOODING AND THE BLUFF AREA IS VULNERABLE TO EROSION.

THE STUDY DOES NOT IDENTIFY IF, WHEN OR THE MAGNITUDE OF POTENTIAL FAILURES OR THEIR ACTUAL IMPACTS ON STATE OR CITY RESOURCES.

SO IT'S IMPORTANT TO NOTE THAT THE STUDY ONLY IDENTIFIES VULNERABILITIES.

NEXT IN THE PROCESS IS A DEVELOPMENT OF ADAPTATION PLAN THAT LISTS THOSE MEASURES ON HOW THE CITY WILL ADDRESS THOSE VULNERABILITIES AND PROTECT THE BEACH RESOURCES.

THERE IS GOING TO BE MORE ON SEA LEVEL RISE.

WHEN WILL BE DISCUSSED WHEN STAFF WILL PRESENT THE COMPREHENSIVE UPDATE TO OUR LOCAL COASTAL PROGRAM, WHICH IS GOING TO BE SCHEDULED FOR LATER NEXT MONTH.

BUT BASED ON THE INFORMATION WE HAVE TO DATE, THE REALIGNMENT PROJECT IS A FEASIBLE OPTION FOR COUNCIL TO CONSIDER.

NOW, THE EXACT MIX OF USES IS NOT SET IN STONE AND WOULD REQUIRE A ROBUST COMMUNITY ENGAGEMENT AND PUBLIC INPUT PROCESS TO HEAR EXACTLY WHAT THE COMMUNITY IS LOOKING FOR IN PARK SPACE NEEDS.

BUT FROM OUR VANTAGE POINT, WE FIND THAT A MEANINGFUL AND USABLE PUBLIC SPACE CAN REASONABLY BE ACCOMPLISHED AS PART OF THE CARLSBAD REALIGNMENT PROJECT, WITH THE HELP OF THE COMMUNITY, WHICH LEADS TO OUR RECOMMENDED PATH FORWARD.

SHOULD THE CITY COUNCIL AGREE THAT THE REALIGNMENT PROJECT IS THE BEST OPTION FOR PARK AND OPEN SPACE IN THIS QUADRANT, STAFF RECOMMENDS THAT THE CARLSBAD BOULEVARD REALIGNMENT PROJECT RETURN AS PART OF THE STRATEGIC PLANNING SESSION THAT IS BEING SCHEDULED FOR LATER THIS FALL. ADDITIONALLY, WE RECOMMEND THAT STAFF CONTINUE TO WORK WITH THE APPLICANTS FOR SITES ONE AND TWO TO ENSURE THAT THEIR PROPOSED PRIVATE DEVELOPMENT PROJECT APPLICATIONS MEET REQUIRED CODES AND REGULATIONS AND ADDRESS COMMUNITY INPUT AS APPROPRIATE. WITH THAT, THAT CONCLUDES STAFF'S PRESENTATION ON THIS ITEM AND WE ARE AVAILABLE TO ANSWER ANY QUESTIONS.

QUESTIONS OF STAFF, YES, COUNCIL MEMBER ACOSTA.

THANK YOU AND THANK YOU TO STAFF FOR THE EXCELLENT PRESENTATION.

I HAVE I HAVE A FEW QUESTIONS.

THERE WAS A SLIDE WHERE WE TALKED ABOUT THE OPPORTUNITY TO PURCHASE THE LAND, I FORGET WHICH ONE THAT WAS, BUT I WAS WONDERING, I KNOW WE TALKED ABOUT THIS IN JANUARY, BUT I WAS WONDERING IF YOU HAVE THE INFORMATION ABOUT HOW MUCH THAT WOULD BE, HOW MUCH ARE WE TALKING IF THE CITY WERE TO APPROACH THE OWNER OF THE THIS PONTO PROPERTY, HOW MUCH ARE WE TALKING THAT WE WOULD HAVE TO TO PURCHASE THE LAND FOR? FIRST, WE WOULD NEED TO GET DIRECTION FROM COUNCIL TO TO APPROACH THE PROPERTY OWNERS TO DO THE INTEREST. BUT ULTIMATELY, WE WOULD HAVE TO DO AN APPRAISAL TO IDENTIFY WHAT THE WHAT THE FAIR MARKET VALUE IS OF THE PROPERTY AND THEN AGREE ON THAT APPRAISAL.

BUT THE FIRST STEP WOULD HAVE TO BE FOR COUNCIL TO DIRECT US TO TO MOVE FORWARD TO APPROACH THE PROPERTY OWNER.

THANK YOU. I REMEMBER ON THAT SLIDE MAYBE YOU COULD BRING UP THAT SLIDE BECAUSE WE TALKED ABOUT SOME SOME ROADS.

WE DEFINITELY HAVE TALKED ABOUT NOT GOING DOWN.

LET'S CONDEMNATION, FOR EXAMPLE.

AND WE WERE PRETTY CLEAR IN THE LAST MEETING THAT THAT WAS SOMETHING WE WERE TRYING TO AVOID. BUT SORRY TO HAVE YOU GO BACK IN THE SLIDES, BUT WE'RE TALKING ABOUT ALL THE DIFFERENT OPTIONS OUT THERE.

AND AND IT WAS THIS LAST ONE.

IF THE IF THE SELLER WERE WILLING AND WE WE WANTED TO, WHAT WOULD THAT FAIR MARKET PRICE BE? AND AND I REMEMBER HEARING SOME NUMBERS BEING THROWN ABOUT ONCE UPON A TIME.

I THINK THAT THERE WAS SOME KIND OF APPRAISAL THAT WAS DONE IN THE PAST.

IT WASN'T APPRAISAL.

IT WAS THE CURRENT ASSESSED VALUE THAT'S ON THE TAX ASSESSOR ROLLS, WHICH IS NOT REFLECTIVE OF WHAT THE FAIR MARKET VALUE OR CURRENT VALUE OF THE PROPERTY IS.

IT'S ONLY FOR PROPERTY TAX PURPOSES.

UNFORTUNATELY, A LOT OF FOLKS THINK THAT THAT IS WHAT THE VALUE IS AND I BELIEVE IT WAS FIFTEEN MILLION DOLLARS. THAT'S WHAT'S ON THE TAX ROLL.

HOWEVER, AGAIN, THAT'S NOT REFLECTIVE OF WHAT ACTUAL MARKET RATE IS.

AND WE HAVE TO DO AN APPRAISAL TO DETERMINE WHAT THAT NUMBER IS.

OK, SO AN APPRAISAL WILL BE NEEDED.

AND I'M ASKING BECAUSE THE COMMUNITY IS IS WONDERING AND HAS IDEAS ABOUT WHAT THEY THINK THE PROPERTY IS WORTH SO THAT THE ASSESSED VALUE BACK IN THE DAY AT SOME POINT WAS 15 MILLION. BUT IT COULD BE IT COULD BE MORE AND AN APPRAISAL WOULD BE NECESSARY.

AND AND SO WE'RE TALKING ABOUT, YOU KNOW, AS AS AN OPTION, AS A RECOMMENDED PATH FORWARD, LOOKING AT THIS THIS LINEAR PARK, HOW MUCH MONEY ARE WE TALKING ABOUT FOR THAT?

[02:20:01]

ONE OF THE CHALLENGES WE HAVE WITH THE WITH THAT IS WE DON'T HAVE A SCOPE OF WORK OF THE PROJECT. AGAIN, WE HAVE NOT REALLY ENGAGED THE COMMUNITY TO FIND OUT WHAT KIND OF DESIRES THEY WOULD HAVE, YOU KNOW, WHAT KIND OF AMENITIES, WHAT TYPE OF SERVICES THEY WOULD LIKE TO PROVIDE. UNTIL THAT IS DONE, WE'RE NOT ABLE TO PROVIDE A COST ESTIMATE OF WHAT WHAT A REALIGNMENT PROJECT WOULD COST.

I CAN SAY THAT, YOU KNOW, GIVEN THAT WE DO OWN THE RIGHT OF WAY AND THAT THE SCOPE OF THE WORK WOULD FALL WITHIN THAT RIGHT OF WAY, THAT'S A SAVINGS FOR US, THAT WE WOULDN'T HAVE TO ACQUIRE THE PROPERTY TO ACHIEVE THE THE REALIGNMENT EFFORT.

I CAN'T SAY JUST KIND OF SPEAKING BACK ON THE ON THE COST OR THE VALUE OF THE PONTO PROPERTY, ALTHOUGH IT'S NOT OFFICIAL AND HASN'T PUBLICLY COME OUT.

I HAVE BEEN TOLD THAT THAT THAT THE PROPERTY WAS BEING SOLD AT AROUND 45, 40 TO 45 MILLION DOLLARS. BUT THAT, AGAIN, IS UNOFFICIAL, IT'S BASED ON COMMUNICATIONS THAT I'VE HEARD FROM THAT STAFF HAS HAD WITH THE APPLICANT.

OK, SO I'M JUST TRYING TO HELP SUSS OUT SOME NUMBERS FOR THE COMMUNITY.

IF IT'S 40 MILLION DOLLARS OR SO OF CITY MONEY.

THAT'S TAXPAYER MONEY THAT WOULD HAVE TO GO TO ALL THE VOTERS OF CARLSBAD.

FROM WHAT YOU'VE PRESENTED TO US, THEN ALL THE VOTERS OF CARLSBAD WOULD GET TO DECIDE WHETHER WE WANT TO SPEND CITY MONEY ON ACQUIRING PROPERTY FOR SOMETHING LIKE THAT.

AND THAT WOULD TAKE SOME TIME, RIGHT? EVEN IF WE DID SAY WE WANTED TO GO DOWN THAT ROUTE BECAUSE WE'D HAVE TO GET IT ON A BALLOT. CORRECT. SO HOW MUCH TIME ARE WE TALKING ABOUT TO GO THAT WAY? I DON'T THINK WE COULD POSSIBLY DO IT BEFORE APRIL AND WE HAVE, YOU KNOW, OTHER CONSTRAINTS SO WE WOULDN'T BE ABLE TO SECURE THE ABILITY TO PURCHASE THE PROPERTY UNLESS WE COULD POTENTIALLY GET AN OPTION THAT WAS WORTH THE COST, LESS THAN A MILLION DOLLARS SO THAT WE COULD THEN PUT IT ON THE BALLOT FOR THE VOTERS TO APPROVE.

THAT'S HOW PROPOSITION H WORKS.

RIGHT. OK, THANK YOU.

AND I KNOW I'M ASKING SOME HYPOTHETICALS, AND IT'S REALLY TOUGH BECAUSE WE DON'T HAVE THE STUDIES AND WE DON'T HAVE ALL OF THE INFORMATION AT OUR AT OUR FINGERTIPS.

BUT I'VE BEEN ASKED THESE QUESTIONS BEFORE, AND I THINK IT'S HELPFUL IF WE CAN AT LEAST TRY TO GIVE AS MUCH INFORMATION AS WE HAVE IN RESPONSE TO THOSE.

SO WHEN WE WERE TALKING ABOUT THE LINEAR PARK AND YOU YOU SHOWED THAT SLIDE, YOU SHOWED THERE WAS A DATE 2015, THIS CONCEPT OF THE LINEAR PARK HAD BEEN PRESENTED.

WHAT KIND OF WHAT KIND OF COMMUNITY OUTREACH AND AND PLANS WERE DEVELOPED AT THAT TIME? THAT WAS PART OF THE GENERAL PLAN, THE COMPREHENSIVE UPDATE TO THE GENERAL PLAN.

AND THERE WAS A NUMBER OF PUBLIC MEETINGS.

THERE WAS AN ADVISORY COMMITTEE, A CITIZEN ADVISORY COMMITTEE THAT WAS PUT TOGETHER THAT HELD A NUMBER OF MEETINGS THAT WENT THROUGH NOT ONLY THOSE POLICIES, BUT A NUMBER OF DIFFERENT POLICIES ASSOCIATED WITH THAT.

IT WAS A MULTIYEAR PROCESS.

AND, YOU KNOW, EVENTUALLY IT WENT TO THE CITY COUNCIL FOR APPROVAL.

SO IT WAS A VERY WELL VETTED, DISCUSSED DOCUMENT.

AND ALTHOUGH I CAN'T SPECIFICALLY IDENTIFY WHEN THIS POLICY WAS CONSIDERED, I CAN TELL YOU THAT THERE WAS A NUMBER OF MEETINGS ASSOCIATED WITH THAT UPDATE.

GREAT. GREAT. YES, THANK YOU.

I WAS JUST WONDERING IF THERE WAS ANYTHING SPECIFIC FOR THE LINEAR PARK, IF THERE WAS ANY SPECIAL COMMITTEE OR GROUP OR BECAUSE OBVIOUSLY THAT'S A HUMONGOUS DOCUMENT.

THERE WAS NOTHING THE POLICY IDENTIFIED THE DIRECTION AND WHERE THE COUNCIL WOULD LIKE TO GO WITH THAT PARTICULAR REALIGNMENT EFFORT.

I THINK THE NEXT STEP WOULD BE TO, YOU KNOW, GET DIRECTION WITH COUNCIL TO MOVE FORWARD WITH DEVELOPING A SCOPE WORK AND A PLAN AND WORKING WITH THE COMMUNITY ON DEFINING WHAT HOW WE IMPLEMENT THOSE POLICIES IN THE GENERAL PLAN.

GREAT. AND FOR HISTORY THAT I DON'T HAVE BETWEEN 2015 WHEN THE GENERAL PLAN WAS APPROVED.

HAS THERE BEEN ANY ACTION ON THE LINEAR PARK? HAS THERE BEEN MOVEMENT THERE? NO. OK, AND WE ALSO STILL WE HAVEN'T LOST ANY OF THE PROPERTY THAT WE OWNED BACK IN 2015 WHEN WE CAME UP WITH THIS CONCEPT, RIGHT? CORRECT. WE HAVE NOT LOST ANY.

OK, AND THEN AS FOR THE THE SLIDE, WHERE YOU AT THE VERY BEGINNING, WHERE YOU TALKED ABOUT THE THE PARK REQUIREMENTS AND YOU TALKED ABOUT VETERAN'S PARK, A LOT OF WHAT WE'VE TALKED ABOUT IN DIFFERENT CONVERSATIONS I'VE HAD WITH THE COMMUNITY WAS ABOUT LIKE VETERAN'S PARK NOT BEING PHYSICALLY LOCATED IN THE SOUTHERN PORTION OR SOUTHWEST QUADRANT, BUT IT'S YET IT'S SUPPOSED TO SATISFY PARK REQUIREMENTS FOR, YOU KNOW, THE OTHER AREAS OF THE COMMUNITY.

CAN YOU EXPLAIN, LIKE, WHAT THAT PROCESS WAS OR HOW THAT WAS? THAT WAS DETERMINED AND AND APPROVED PROBABLY BY THE CITY COUNCIL AND WHAT POLICY THAT THAT'S PART OF. I'M GOING TO ASK THE PARK DIRECTOR TO ANSWER THAT.

YES, MA'AM. THAT IS PART OF THE GROWTH MANAGEMENT PLAN AND THE COMMUNITY FACILITIES IMPROVEMENT PLAN AND DATES BACK TO 1986 AND THEN FOLLOW UP CONFIRMATION IN 1992, WHERE

[02:25:07]

SO THE COUNCIL AT THAT TIME DETERMINED THAT EACH OF THE QUADRANTS WOULD HAVE ROUGHLY A QUARTER OF THE BENEFIT AND THEREFORE DIVIDE THE ACREAGE IN QUARTERS AS WELL.

OK, I'M NOT SURE IF ANYBODY HAS ANYTHING ELSE TO ADD, I KNOW THAT THAT THAT WAS SOMETHING THAT THE COMMUNITY HAS TALKED ABOUT A BIT, IS THAT THIS CONCEPT OF THIS VETERAN'S PARK THAT SATISFIES THE REQUIREMENTS FOR DIFFERENT AREAS OF THE CITY WAS KIND OF A VERY POPULAR CONCEPT IN A WHILE AGO, IN THE LATE 80S OR 90S, AND THAT NOW THERE'S MORE INTEREST IN HAVING PARKS THAT ARE LOCATED WITHIN EACH AREA SO THAT PEOPLE CAN WALK, BIKE AND NOT HAVE TO DRIVE AND PARK AND GO PARK THEIR CARS AND GO TO A PARK.

SO THAT'S JUST KIND OF LIKE AN IDEOLOGICAL SHIFT THAT URBAN PLANNERS AND CITY FOLK HAVE HAVE COME TO. BUT IT WAS APPROVED AND IT WAS SOMETHING THAT OUR COUNCIL DECIDED AND, YOU KNOW, FUNDS WERE ALLOCATED TO IT BACK IN THE DAY.

SO IT'S NOT SOMETHING WE CAN REVERSE.

MAYBE WE CAN ADD MORE PARKS, BUT IT'S NOT SOMETHING THAT WE CAN CHANGE COURSE OF THIS LATE IN THE GAME. THIS HAS BEEN IN PROGRESS SINCE THE 80S.

I KNOW THAT I'M TAKING UP A LOT OF TIME WITH THE QUESTIONS, BUT I'VE BEEN IN A LOT OF CONVERSATION WITH THE COMMUNITY, PARTICULARLY BECAUSE THE THE PONTO PROPERTY IS IN DISTRICT FOUR. AND NOW THAT WE HAVE DISTRICTS, YOU KNOW, PEOPLE REALLY DO COME TO THE COUNCIL MEMBERS FOR THEIR THEIR AREA AND SAY, PLEASE BE MY CHAMPION AND HELP MAKE SURE THAT THE COMMUNITY GETS WHAT THEY WANT.

AND I'M JUST KIND OF WONDERING WHAT KIND OF COMMUNITY OUTREACH WE'VE DONE HISTORICALLY, MAYBE EVEN WITH THIS WITH THIS AREA ABOUT THIS PROPERTY, OTHER THAN CONSTITUENTS, RESIDENTS COMING TO US AND TELLING US WHAT THEY WANT AND THEN COMING TO PUBLIC COMMENT, SENDING US EMAILS.

HAVE WE DONE ANY KIND OF COMMUNITY OUTREACH EVENTS, YOU KNOW, LIKE TOWN HALLS OR OR ANYTHING TO KIND OF GET GET OUR FINGER ON THE PULSE OF WHAT THE COMMUNITY WANTS? AND I KNOW THIS WAS SOMETHING THAT COUNCIL MEMBER BLACKBURN TALKED ABOUT WHEN WE LAST BROUGHT THIS UP. HE WAS TALKING ABOUT EVEN JUST LIKE TRYING TO ASSESS LIKE, WHAT IS THE COMMUNITY INTEREST REALLY FOR THIS AREA? I DON'T BELIEVE THERE'S ANY FORMAL.

WELL, YEAH, IF I MAY STEP IN, THERE HAS NOT BEEN A PUBLIC OUTREACH MEETINGS IN REGARDS TO THE LINEAR PARK, BUT THERE HAS BEEN SOME SPECIFIC STAKEHOLDER MEETINGS.

AND I BELIEVE WHEN THE THE FEASIBILITY STUDIES WERE BEING DONE AND THE 2012, 2013 TIME FRAME, THAT THEY DID APPROACH SOME HOAS IN THE AREA, SOME HOMEOWNERS ASSOCIATIONS AND ALSO STAKEHOLDERS SUCH AS UTILITIES AND AND OTHER STAKEHOLDERS.

IF I MIGHT MS. ACOSTA? THE LINEAR PARK PROBABLY DATES BACK TO GARY WHAT? 2006, 2008.

AND THERE WAS, I WOULD SAY, SEVERAL HUNDRED THOUSAND SPENT ON SOME ROAD, POSSIBLE ROAD ALIGNMENTS, I DON'T REMEMBER, BUT SOMEWHERE AROUND 2008, IT BECAME ONE OF THE TOP THREE PRIORITIES FOR THE CITY.

WE SPENT THE BETTER PART OF THREE STATE PARKS DIRECTOR.

SO WHAT IS THAT, SIX, EIGHT YEARS TRYING TO BUILD A RELATIONSHIP WITH THE STATE OF CALIFORNIA. BECAUSE WE WANTED TO HAVE COLLABORATION, EVEN TO THE POINT OF DISCUSSING THE THE LAND JUST SOUTH OF TERRAMAR, WHICH I FORGET, IT'S ABOUT 16, 18 ACRES.

SO AT A MOMENT IN TIME, THIS WAS A EXTREMELY HIGH PRIORITY WITH A LOT OF DISCUSSION.

BUT THEN AS WE GOT INTO THE GENERAL PLAN UPDATE AND SO ON, WE WE WENT AHEAD AND STARTED FOCUSING ON THAT, THINKING IT WOULD BE PART OF IT, WHICH THE OUTCOME WAS THE POLICIES THAT YOU'RE TALKING ABOUT.

AND THEN MOST RECENTLY, FOUR YEARS AGO, IT WAS BROUGHT UP AND GOAL SETTING ABOUT THE, YOU KNOW, THE 2050 PLAN, I.E.

THE LINEAR PARK.

BUT IT GOT VERY LITTLE DISCUSSION AND NO PRIORITY AT THAT TIME FROM THE COUNCIL.

AND THAT'S ABOUT FOUR YEARS AGO.

SO BUT IT HAS BEEN A HIGH PRIORITY DATING BACK TO, I WOULD SAY, ABOUT 2006.

GREAT. THANK YOU. THANK YOU FOR THE HISTORICAL INFORMATION AS WELL, BECAUSE I DO THINK IT'S REALLY IMPORTANT FOR THOSE OF US WHO MAYBE WERE LIVING HERE PAYING ATTENTION, BUT NOT THAT CLOSE OF ATTENTION.

AND NOW WE HAVE YOU KNOW, WE GET TO REALLY SHOW UP AND AND MAKE DECISIONS AND AND REALLY

[02:30:02]

IF WE DON'T HAVE ALL THE HISTORY, THEN THEN WE'RE NOT SURE EXACTLY WHAT IT IS WE'RE STANDING UP FOR. THE OTHER THING THAT I WANTED TO POINT OUT IN THAT THE SLIDES THERE SEEM TO BE TOWARDS THE END, THERE SEEM TO BE A FIGURE THERE THAT IT WAS LIKE THE NUMBER OF ACRES THE LINEAR PARK WOULD BE ABLE TO PROVIDE IN TERMS OF PARK SPACE SOUTH OF POINSETTIA. AND I WANT TO SAY IT WAS 22.

WHAT WAS THAT NUMBER AGAIN? THAT'S CORRECT. HERE, LET ME GET TO THAT SIDE.

SO IF YOU LOOK AT JUST THAT AREA SOUTH OF POINSETTIA TO THE EDGE OF THE CITY BOUNDARY, WE ESTIMATE THAT THERE ARE ROUGHLY 22 ACRES OF LAND THAT WOULD BE AVAILABLE WITH THE REALIGNMENT OF CARLSBAD BOULEVARD.

SO THAT WOULD FREE UP THE SPACE FOR DIFFERENT TYPES OF LAND USES OR PARKS USES OR TRAILS.

AND THEN THAT THE THE WIDTH OF THAT AREA CAN RANGE ANYWHERE FROM 100 FEET TO 250 FEET THROUGH THAT THAT CORRIDOR.

OK, DO I'M ONE OF THE I THOUGHT THERE WAS A MAP WHERE YOU KIND OF SHOWED YOU SHOWED WHAT YOU SHOW WHERE THAT THAT WAS.

SO I GUESS IT'S THE MOST SOUTH AT LA COSTA AVENUE THAT THE BOTTOM PICTURE, RIGHT? YEAH, IT'S DOWN TO BASICALLY DOWN AT THE BOTTOM OF.

CAN YOU SEE THE ARROW IF I MOVE IT? YES. YEAH, I CAN SEE YOUR ARROW.

THERE'S, THERE'S POINTS.

SO IT'S THIS AREA RIGHT HERE.

IT'S THE PEACH AREA? YEAH, IT'S A PEACH AREA WOULD BE THE AREA THAT'S THAT WOULD BE OPEN FOR FOR ACTIVATION.

OK, AND POINSETTIA AVENUE IS WHERE? IT'S GONNA BE HERE AND THEN AND THEN COME DOWN THIS WAY.

OK, IT'S A IT'S A LITTLE OVERLAP.

IF YOU SEE THERE'S POINT, THERE'S PONTO HERE AND THEN IT'S ALSO OVER HERE.

MM HMM. OK, SO, YOU KNOW, THE THE PONTO PROPERTY THEN THAT WE'RE TALKING IS 11 ACRES? ROUGHLY 11 ACRES, CORRECT.

A LITTLE OVER 11 ACRES.

AND THIS IS A LITTLE BIT MORE.

BUT IT'S SKINNIER.

MIGHT LIMIT THE WAY THAT IT'S USED, BUT IT IS MORE PROPERTY? CORRECT. IT WOULD, YES.

AND THEN ALSO BEING LONGER, THOUGH, IT ALSO ALLOWS FOR A LITTLE BIT MORE CONNECTIVITY THAN WITH OTHER AREAS.

OK, OK, THAT'S ALL MY QUESTIONS FOR RIGHT NOW.

THANK YOU VERY MUCH. DR.

BHAT-PATEL. I THINK MY COLLEAGUE ASKED QUITE A FEW OF MY QUESTIONS, SO I APPRECIATE THAT, THANKS. MR. BLACKBURN. MAYOR TALKED ABOUT HOW MUCH WORK WENT INTO LINEAR PARK DISCUSSIONS AND YOU TALKED ABOUT UP TO ABOUT FIVE YEARS AGO.

WHAT IS IT GOING TO TAKE TO GET THAT BACK TO BEING A PRIORITY OR TO AT LEAST TO KNOW THAT WE'RE MOVING FORWARD ON IT? I THINK PART OF THAT IS TO HAVE THIS BE DISCUSSED AT THE STRATEGIC PLANNING SESSION THAT'S SCHEDULED IN THE FALL BECAUSE THE INTENT WAS THE COUNCIL WAS GOING TO IDENTIFY THOSE GOALS THAT DIDN'T GET PRIORITIZED AS PART OF THE [INAUDIBLE] CURRENT YEAR BUDGET WHERE WE'RE GOING TO EVALUATE THOSE.

SO THAT WOULD BE THE FIRST STEP WOULD BE TO BRING THIS TO BE DISCUSSED WITH OTHER PRIORITIES AS PART OF THE STRATEGIC PLANNING SESSION.

AND WHEN MAYOR TALKED ABOUT TRYING TO WORK WITH THE STATE, SOME OF THAT WORKING WITH THE STATE WAS A LITTLE BIT OF LAND SWAPPING TO MAKE THIS A LITTLE BIT SMOOTHER TRANSITION.

IS THAT ACCURATE? THAT'S CORRECT.

CAN WE DO IT WITHOUT THAT? I BELIEVE WE CAN. OK, THANKS.

JUST TO FOLLOW UP ON SOME OF COUNCIL MEMBER ACOSTA'S COMMENTS, WE HAVE HAD SOME COMMUNICATION WITH THE PROPERTY OWNER.

DO THEY SEEM TO BE A WILLING SELLER? ON THE PONTO? NO. WE RECEIVED A LETTER JUST YESTERDAY THAT WAS INCLUDED IN DISTRIBUTION THAT YOUR COUNCIL RECEIVED TODAY INDICATING THEY ARE NOT INTERESTED IN SELLING THE PROPERTY.

WE HAVE NOT APPROACHED THE OTHER SITES, SITE TWO WHICH IS THE HOTEL SITE.

HOWEVER, THEY ARE PRETTY FAR ALONG IN THE PROCESS.

THEY'RE LOOKING AT GETTING THEIR ENTITLEMENT CONSIDERED AT THE END OF THE CALENDAR YEAR, BUT WE HAVE NOT OFFICIALLY TALKED TO THEM TO SEE IF THEY'RE INTERESTED.

SO WE TALKED ABOUT YOU GAVE SOME ROUGH FIGURES ON LAND COSTS.

WHAT'S THE DENSITY COSTS GOING TO BE? YOU'RE GOING TO HAVE TO MOVE THE DENSITY OFF THAT PIECE OF PROPERTY [INAUDIBLE] ANOTHER PIECE OF LAND, TOO. RIGHT.

SO THERE AND THIS WAS A COMMENT THAT WAS RAISED IN ONE OF THE CORRESPONDENCE REGARDING SB 330 AND ITS IMPACTS AND IMPLICATIONS ON PONTO SITE, WHERE THE STATE LAW DOES ALLOW THE JURISDICTION TO DO A DOWN ZONING OF A PIECE OF PROPERTY.

HOWEVER, AS PART OF THAT, THEY NEED TO CONCURRENTLY REZONE ANOTHER PROPERTY TO MAKE UP THAT DENSITY. IT'S REFERRED TO AS THE NO NET LOSS PROVISION.

SO BASICALLY, YOU'RE REDUCING IN ONE AREA.

YOU HAVE TO INCREASE IT SOMEWHERE ELSE TO MAKE UP THE LOSS.

THE DIFFERENCE, HOWEVER, WITH THIS ONE IS THAT THE APPLICANT HAS SUBMITTED AN SB 330 APPLICATION FOR A DEVELOPMENT PERMIT OUT PERMIT.

[02:35:03]

SO THE ZONING THAT'S IN PLACE FOR THE PONTO PROPERTY ALLOWS FOR RESIDENTIAL AND COMMERCIAL. SO THEY ARE ENTITLED TO THAT LAND USE.

SO IF THE COUNCIL DECIDES TO MOVE FORWARD AND REZONE THE PROPERTY, WE COULDN'T RETROACTIVELY APPLY IT TO THE PROPERTY, TO THE TO THE APPLICANT.

THEY HAVE AN ENTIRE THEY HAVE A RIGHT TO PURSUE THEIR APPLICATION.

HOWEVER, SOMEBODY WOULD HAVE TO REPLACE THAT DENSITY.

WELL, SO THERE WOULD BE TO THAT.

THAT YES, IT WOULD BE SO BASICALLY IT WOULD BE THE CITY'S RESPONSIBILITY TO REZONE IT.

YEAH, AND GIVEN THE FACT THAT EVERY SQUARE ACRE IN THE CITY HAS ALREADY GOT A DENSITY ON IT, YOU WOULD HAVE TO EVEN IF YOU HAD A PIECE OF RESIDENTIAL LAND, YOU WOULD HAVE TO TAKE WHATEVER THE EXISTING DENSITY AND ADD THAT TO IT.

CORRECT. THAT'S ONE PART OF THE EXERCISE WE'RE GOING THROUGH WITH THE HOUSING ELEMENT UPDATE NOW. OK.

ANY OTHER QUESTIONS? SO WE HAVE AND I'M JUST GOING TO ASK THE COUNCIL, WE HAVE APPROXIMATELY ONE HOUR OF SPEAKERS. DO YOU WANT TO GIVE THE NORMAL ALLOTTED TIME OR DO YOU WANT TO CUT IT TO EIGHT MINUTES AND TWO MINUTES? MS. ACOSTA. I'M FINE WITH GIVING IT THE FULL AMOUNT OF TIME, BUT I DON'T KNOW, I'M WILLING TO GO WITH WHATEVER THAT MY COLLEAGUES WISH.

DOCTOR. I'M OPEN TO THE ALLOTTED TIME.

I KNOW FOLKS HAVE BEEN WAITING, SO I'M FINE WITH THAT.

ANYTHING'S FINE WITH ME.

OK, LET'S GO AHEAD AND HAVE THE SPEAKERS THEN.

CHARLES WICK.

AND IF WE COULD, BEFORE YOU START, SIR, WE WON'T START YOUR TIME YET.

COULD YOU CALL THE NEXT TWO OR THREE SPEAKERS AND HAVE THEM LINED UP SO WE CAN GET THROUGH THIS AS QUICK AS.

PAIGE [INAUDIBLE], JODY M.

JONES. HELLO.

HELLO, MAYOR, PRO TEM AND COUNCIL MEMBERS, I WANT TO THANK THE CITY FOR FINALLY GIVING SOME DIRECTIVE TO THE PLANNING COMMISSION TO COME UP WITH THESE THIS REPORT THEY DID.

AND I WANT TO ALSO THANK THE PLANNING COMMISSION FOR SETTING UP ALL THE THINGS THAT THEY WROTE IN THEIR PROPOSAL, AND I READ THE STAFF REPORT, VERY NICE READING A COUPLE HOURS AND I'M NOT GOING TO ADDRESS ANY OF THE ITEMS THEY BROUGHT UP BECAUSE I HAVE I'D LIKE TO DISCUSS ONE OTHER POSSIBILITY.

IT'S CALLED VISION, THE.

CARLSBAD IS A GREAT CITY.

I'VE KNOWN ABOUT IT FOR A LONG TIME.

IT'S A REAL CROWN JEWEL ALONG THE COAST SINCE I WAS A KID COME DOWN SKI IN THE LAGOON.

AND I ALSO GREW UP IN REDLANDS.

IT'S A GREAT LITTLE TOWN.

THEY HAVE A CROWN JEWEL OF A TOWN.

YOU BOTH HAVE A VISION FROM THE PAST WITH PEOPLE DONATING MONEY TO GIVE YOU SOMETHING OF VALUE AND THEY HAVE A VISION TO LOOK FORWARD TO.

I WAS A PLANNING COMMISSIONER FOR THE CITY OF REDLANDS FOR SEVEN YEARS.

DURING THAT TIME, WE DEVELOPED THE EMERALD NECKLACE APPROACH, A CROWN JEWEL WITH AN EMERALD NECKLACE ALL THE WAY AROUND IT.

SO WHAT WE DID IS TAKE THE PAST, WHICH WAS CITRUS VISITORS, GREAT LINCOLN LIBRARY, THAT SORT OF THING. AND THEY MADE.

WHEN I WAS ON THE COMMISSION, WE BUILT THAT PROJECT, WE CAME UP WITH A NECKLACE, WENT ALL AROUND THE CITY, AND I THINK CARLSBAD HAS THE POSSIBILITY TO DO THAT TOO, CROWN JEWEL OF A CITY. YOU HAVE FOUR QUADRANTS THAT SURROUND IT.

RIGHT NOW, THERE'S ONLY THREE THAT HAVE PARKS ON IT.

SO THE WAY THAT REDLANDS DID IT IS WE HAD LOTS OF PEOPLE.

WE HAD A FAMILY NAME [INAUDIBLE] AND JACK [INAUDIBLE] A COUPLE OF YEARS AHEAD OF ME IN HIGH SCHOOL. HE STARTED A COMPANY THAT'S BECOME A WORLDWIDE GIS PERSON.

IT'S CALLED ESRI, E S R I.

AND HE HELPED LEAD THAT CHARGE, DO THAT, GET THAT CITY GOING.

AND HE PUTS HIS MONEY WHERE HIS MOUTH IS.

HE IS STILL BUYING LAND.

HE BOUGHT [INAUDIBLE] RANCH, I BELIEVE, A FEW YEARS AGO, OVER 100 MILLION DOLLARS.

HE COULD AFFORD IT. HE'S NOW A BILLIONAIRE AND JUST FROM LITTLE REDLANDS.

AND HE DONATED THAT FOR PUBLIC.

I THINK WE HAD AN EMERALD IN REDLANDS.

[02:40:01]

CHARLIE MUNGER IS ANOTHER GUY THAT STARTED IN REDLANDS.

THAT'S WHERE HE STARTED HIS INVESTMENT.

AND WE SHOULD.

WE HAVE. PARTIAL NECKLACE AROUND HERE, WE HAVE THREE PARTS, I THINK YOU WOULD HAVE A BROKEN [INAUDIBLE] IF YOU DON'T GET A PARK AND BUY IT WHATEVER WAY IS POSSIBLE.

BUT I THINK FUNDING FROM THOSE KIND OF.

WE THANK YOU VERY MUCH FOR YOUR TIME IS UP.

PAIGE [INAUDIBLE].

HI MAYOR AND COUNCIL MEMBERS, MY NAME'S PAIGE [INAUDIBLE], AND I'M HERE SPEAKING ON BEHALF OF PRESERVE CALAVERA.

CARLSBAD HAS A UNIQUE OPPORTUNITY TO FULFILL THE VISION OF THIS COMMUNITY FOR A PARK SERVING THE SOUTHWEST COASTAL AREA AT PONTO, YOU HAVE VACANT LAND IN THE RIGHT LOCATION, WHICH IS RARE. WE NEED TO SEIZE THE OPPORTUNITY, LISTEN TO THE VOICES OF YOUR RESIDENTS AND FIND A WAY TO MAKE THIS HAPPEN.

NONE OF THE CHALLENGES PRESENTED IN THE STAFF REPORT ARE INSURMOUNTABLE.

REZONING HAPPENS ALL THE TIME.

YOUR OWN HABITAT MANAGEMENT PLAN CLARIFIES THAT LAND CAN BE REZONED TO OPEN SPACE AS LONG AS 25 PERCENT OF A SITE REMAINS DEVELOPABLE.

YOU HAVE ALREADY ESTABLISHED THE PRECEDENT FOR EXCEEDING THE GMP PERFORMANCE STANDARD FOR PARKS WHEN CIRCUMSTANCES WARRANT SPECIAL CONSIDERATION, AS THEY DID WITH THE BUENA VISTA RESERVOIR PARK, WHICH I'M GLAD TO SEE IS CLOSE TO BEING DONE.

OF COURSE, IT WILL TAKE SOME FUNDING TO REALIZE THIS VISION, BUT THE STAFF REPORT HAS NOT CONSIDERED THE FULL RANGE OF FUNDING THAT COULD BE AVAILABLE FOR THIS.

THINGS LIKE STATE AND FEDERAL GRANTS FOR PARKS AND OPEN SPACE, TRANSPORTATION SYSTEM FUNDING FOR IMPROVED COASTAL ACCESS AND ADAPTATION, ADAPTIVE MANAGEMENT RESPONSES TO SEA LEVEL RISE, AND OF COURSE, CITY GENERAL FUNDS CAN BE COMMITTED WITH A VOTE OF THE PEOPLE AND THOSE SAME PEOPLE CAN MAKE PRIVATE DONATIONS.

THIS IS EXACTLY THE KIND OF PROJECT THAT CAN REALLY BRING A COMMUNITY TOGETHER TO CREATE SOMETHING SPECIAL FOR THE RESIDENTS AND VISITORS OF TODAY AND THOSE OF TOMORROW.

OF COURSE, YOU WILL NEED TO WORK MORE WITH THE LAND OWNER TO MAKE THIS HAPPEN.

THE STAFF REPORT IMPLIES THAT SOMEHOW THE WIDENING OF CARLSBAD BOULEVARD WOULD BE THE ANSWER, BUT THAT COSTLY PROJECT HAS BEEN TALKED ABOUT FOR OVER 30 YEARS AND STILL REMAINS AN UNFUNDED CONCEPT.

IF YOU DO NOT TRY TO CREATE THIS PARK, YOU WILL NEVER KNOW IF YOU CAN.

WE URGE YOU TO DIRECT STAFF TO TAKE THE NEXT STEPS TO MOVE THE PROJECT FORWARD.

THIS IS ONE OF THOSE RARE OPPORTUNITIES TO MAKE A COURSE CORRECTION IN A WAY THAT REALLY RESPONDS THE NEEDS OF TODAY.

ONCE THIS OPPORTUNITY IS LOST, IT WILL BE GONE.

THANK YOU. JODY M JONES TO BE FOLLOWED BY JANE [INAUDIBLE] AND MICHAEL [INAUDIBLE].

HELLO AND GOOD EVENING. THANK YOU, MAYOR COUNCILMAN STAFF.

MY NAME IS JODY JONES AND I APPRECIATE THE OPPORTUNITY TO SPEAK AND THANK YOU FOR DIRECTING STAFF BACK IN JANUARY TO BRING BACK VIABLE STRATEGIES REGARDING PLANNING AREA F. THAT WAS AWESOME WORK YOU DID, BUT YOU MISSED SOME STUFF.

PEOPLE FOR PONTO ARE MADE UP OF TALENTED, DEDICATED INDIVIDUALS THAT HAVE SPENT, IF NOT HUNDREDS, THOUSANDS OF HOURS RESEARCHING THE LAND, THE LAWS AND THE HISTORY OF THIS AREA.

DARE I SAY, NOBODY KNOWS MORE ABOUT IT THAN LANCE SCHULTE.

AND BY NOT TAPPING INTO THIS RESOURCE, YOU'VE MISSED A HUGE OPPORTUNITY.

YOU SAID YOU HAVE NOT ENGAGED THE COMMUNITY ON WHAT THEY WANT IN A LINEAR PARK, MIKE WE ABSOLUTELY HAVE ENGAGED THE COMMUNITY.

WE HAVE COLLECTED OVER FIVE THOUSAND LETTERS, EMAILS, PETITIONS, ALL ASKING FOR LINEAR PARK OR SO, NOT FOR THE LINEAR PARK FOR PONTO PARK.

I KNOW IT'S HEAVY. THANK YOU, MIKE.

WE KEEP COMING UP HERE, WE KEEP ASKING BECAUSE WE KEEP NOT GETTING HEARD.

YOU WE HAVE BEEN AT EVERY BUDGET MEETING, WE HAVE BEEN REQUESTING FUNDS.

WE HAVE BEEN AT EVERY OPPORTUNITY.

YOU'VE ALLOWED US TO SPEAK AND THANK YOU FOR GIVING US THAT OPPORTUNITY TO SPEAK.

ALTHOUGH IT'S NOT LOST ON US, THAT AGENDA ITEMS RELATED TO PONTO ARE ALWAYS AT THE END OF THE MEETING. THAT'S OK.

WE'LL STILL COME AND WE WILL KEEP FLOODING YOUR INBOXES WITH INFORMATION REGARDING PONTO PARK. THE MAIN WAY TO FIGURE OUT HOW TO DO THIS IS TO WORK WITH US TO MAKE THAT HAPPEN, PROVIDE A CITIZEN APPROACH TO MAKING THIS HAPPEN.

THE FACT THAT YOU CALL IT CHALLENGES, CHALLENGES, CHALLENGES JUST SHOWS YOU'RE NOT REALLY TRYING TO FIGURE OUT A WAY TO MAKE IT HAPPEN.

WE'VE ALREADY IDENTIFIED MULTIPLE WAYS TO MAKE IT HAPPEN.

LANCE SENT YOU A NINETEEN PAGE DOCUMENT REGARDING ALL THE THINGS IN YOUR REPORT THAT WERE OMITTED, INCORRECT OR INACCURATE.

JUST BECAUSE YOU STAND UP HERE AND SAY THEY'RE RIGHT DOESN'T MEAN THEY'RE THEY ARE.

[02:45:04]

AND WE'RE NOT HERE TO BE ARGUMENTATIVE.

WE'RE HERE TO WORK WITH YOU.

WE'RE HERE TO HELP SHOW YOU HOW TO GET WHAT THE COMMUNITY WANTS.

AND THAT BOX OVER THERE IS JUST A SMALL PORTION OF WHAT THE COMMUNITY WANTS.

EVERYBODY IS SAYING THEY WANT PONTO PARK.

NOBODY HAS SAID THEY WANT A LINEAR PARK.

THE FACT THAT A HIGH PRIORITY HAS TAKEN OVER THIRTY YEARS TO EVEN GET ANY ATTENTION, THAT SHOULD TELL YOU SOMETHING. IT'S NOT HIGH PRIORITY TO ANYBODY.

PONTO PARK IS ABSOLUTELY HIGH PRIORITY AND IT'S ABSOLUTELY WHAT THE PEOPLE ARE WANTING.

SO PLEASE TELL THE CITY STAFF TO WORK WITH PEOPLE FOR PONTO, WORK WITH YOUR CITIZENS TO FIGURE OUT HOW TO MAKE IT HAPPEN.

THANK YOU. JANE [INAUDIBLE].

HEY, I'VE BEEN A CARLSBAD RESIDENT FOR 17 YEARS AND I'VE LIVED IN THE VILLAGE OF CARLSBAD AND I'VE LIVED DOWN BY PONTO AND I'VE LIVED OVER BY BRESSI RANCH.

SO I REALLY DO SEE THE PARK INEQUITIES THAT ARE GOING ON IN THE CITY.

AND THERE'S REALLY NOTHING DOWN AT PONTO.

AND PEOPLE DON'T WANT TO DRIVE ALL THE WAY INLAND TO VETERAN'S PARK.

WHEN YOU WANT TO GO TO A PARK BY THE BEACH, YOU WANT TO BE NEAR THE BEACH, YOU WANT TO BE NEAR THE OCEAN. AND THERE'S SO MANY VISITORS SERVING PLACES THERE, HOTELS AND RESTAURANTS. YOU KNOW, PEOPLE PEOPLE WANT TO BE BY THE BEACH.

SO I REALLY THINK THAT WITH THE EROSION THAT'S GOING TO HAPPEN AND THE LOSS OF, YOU KNOW, COASTAL SPACES, THAT WE WE DEFINITELY THE LINEAR PARK IS NOT THE WAY TO GO.

IT KIND OF REMINDS ME OF WHAT'S GOING ON IN THE VILLAGE OF CARLSBAD, THAT SIDEWALK THAT YOU HAVE WITH A LITTLE BIT OF GRASS ON THE SIDE.

THAT'S NOT A PARK. PEOPLE JUST WALK BACK AND FORTH.

THAT'S CROWDED.

IT'S JUST IT'S NOT A PLACE FOR PEOPLE TO SIT DOWN, TO RELAX, TO ENJOY THE OUTDOORS.

SO ALSO THE LINEAR PARK A COUPLE OF YEARS AGO, MAYOR HALL YOU HAD MENTIONED, THAT MIGHT BE SEVENTY FIVE MILLION DOLLARS, WHEREAS AT THE TIME, TWO YEARS AGO, MAYBE BUYING PONTO WAS TWENTY TWO MILLION.

SO IF IT'S FORTY FIVE AND SEVENTY FIVE OR EIGHTY, IT'S STILL CHEAPER TO TRY TO BUY PONTO PARK AND TO MAKE THAT A PARK, WHICH IS A BETTER QUALITY.

ALL OF US MOVED TO CARLSBAD BECAUSE IT WAS SUCH A BEAUTIFUL PLACE, YOU KNOW, 20, 30 YEARS AGO, SO OVER DEVELOPING IT AND NOT GIVING US THE OPEN SPACE, ESPECIALLY WHEN THE DENSITY IS JUST INCREASING AND ALL OF THE NEW CONDOS AND TOWNHOMES ARE GETTING TALLER AND NOBODY HAS A YARD, YOU KNOW, EVERYTHING IS YOU KNOW, YOU'RE LUCKY IF YOU GET A LITTLE BALCONY OR SOMETHING, BUT THERE'S JUST NO MORE OPEN SPACE.

SO WHERE ARE PEOPLE GOING TO GO? WE'RE JUST GOING TO BE PACKED IN LIKE SARDINES.

SO I DON'T WANT TO LOSE THE QUALITY OF LIFE THAT I MOVED HERE FOR.

I WANT YOU TO PROTECT IT, PRESERVE IT, GIVE US MORE OPEN SPACE.

YOU KNOW, GIVE THE PEOPLE IN THE SOUTHWEST QUADRANT WHAT THEY DESERVE, EVEN PEOPLE FAR IN AS BRESSI RANCH. WE WANT A COASTAL PARK TO GO TO, TOO.

WHAT ABOUT HALF OF THE OF THE CITY THAT HAS NO COASTAL PARK.

SO THINK ABOUT THAT AND, YOU KNOW, PRESERVE OUR QUALITY OF LIFE.

THANK YOU. MICHAEL [INAUDIBLE] TO BE FOLLOWED BY LANCE SCHULTE, WHO WILL BE REPRESENTING A GROUP. CAN I ASK A QUESTION BEFORE MY TIME STARTS NOW? NO. OK. ALL RIGHT, SO A LONG NIGHT I'M GOING TO START WITH A DOCTOR ANALOGY TO KEEP IT INTERESTING. I THINK EVERYBODY HERE KNOWS I'M A MEDICAL DOCTOR.

AND, YOU KNOW, WHEN I WAS IN MY MEDICAL TRAINING, I REMEMBER THERE WAS THIS REALLY AMAZING EMERGENCY ROOM DOCTOR WHO JUST TAUGHT US SO MUCH.

AND WHAT WAS UNIQUE ABOUT THIS GUY? WHAT HE TAUGHT ME WAS THAT SOMETIMES THE LABS AND ALL THE X-RAYS AND EVERYTHING THAT WE'RE LOOKING AT REALLY AREN'T THE MOST IMPORTANT THING.

IT'S HOW DOES OUR PATIENT LOOK? AND HE LITERALLY USED TO WALK IN THE ROOM OF THE PATIENTS AND TAKE AN EYE, PUT AN EYEBALL ON THE PATIENT, SAY THAT PERSON'S SICK.

SO WHEN WE TALK ABOUT BEING IN COMPLIANCE.

I'M SORRY. LET'S LOOK AT THE BIG PICTURE OF THE SOUTHWEST QUADRANT RIGHT BY THE COAST, THE PATIENT IS SICK.

THERE IS NO PARK DOWN THERE, GUYS, YOUR NUMBERS MAY SAY DIFFERENTLY, BUT THERE IS NO PARK. FLY A DRONE OVER THERE AND SHOW ME WHERE KIDS WITHIN A COUPLE OF MILES OF WHERE I LIVE CAN PLAY IN OPEN SPACE.

I HAVE A REALLY GOOD TEAM OF PEOPLE WHO I'VE WORKED WITH FOR EIGHT YEARS, AND WE HAVE CITY PLANNER, EX CITY PLANNERS, EX CITY MANAGERS, ATTORNEYS, VERY TALENTED.

I PUT THEM UP AGAINST THE CREW THAT HAS WORKED ON THIS.

AND WE HAVE PROBLEMS WITH THIS ANALYSIS AND WE THINK THAT THERE IS MORE THAT CAN BE DONE.

SO I'LL LEAVE IT AT THAT.

THIS ACTIVE APPLICATION, THIS HAS BEEN GOING ON FOR A LONG TIME.

AND SO I WANT THAT NOTED THAT I WOULD STRESS THAT THIS MAY NOT BE AS ACTIVE AS PEOPLE MIGHT BELIEVE. AS FAR AS ACQUISITION CHALLENGES.

[02:50:01]

BUT HERE WE ARE AND THIS PROPERTY WILL BE SOLD.

THESE ARE NOT DEVELOPERS.

THEY SHOW NO INDICATION OF ANYTHING THAT WE'VE EXTENSIVELY RESEARCHED TO SUGGEST THAT THEY'RE GOING TO DEVELOP THIS PROPERTY, THEY'RE GOING TO SELL IT.

I THINK YOU'RE SEEING A LOT OF SMOKE AND MIRRORS RIGHT NOW FROM THEM.

AND I REALLY DON'T THINK THAT THEY HAVE ANY CONNECTION TO THE CITY OR OUR VALUES.

AND THAT, I ALSO FEEL SHOULD BE NOTED, THIS IS NOT A NORMAN ROCKWELL PICTURE OF SOME LOCAL PERSON JUST TRYING TO DEVELOP THEIR LAND.

THESE ARE NOT THOSE KIND OF PEOPLE.

AS FAR AS THIS REALIGNMENT, I'D LIKE TO KNOW WHY THERE WAS NO COST ANALYSIS OF THIS, BECAUSE OUR UNDERSTANDING IS THIS IS GOING TO BE EXTREMELY EXPENSIVE.

SO THAT SHOULD COME UP PRETTY SOON, I THINK, BEFORE WE TAKE NEXT STEPS.

SO PLEASE, I BELIEVE IN YOU GUYS, SHOW VISION, SHOW MORAL COURAGE HERE AND DO THE RIGHT THING. THANKS. LANCE SCHULTE.

I WOULD LIKE TO ASK THE COUNCIL BEFORE I START IF I CAN SHOW THIS TO THE COUNCIL AND THE CITIZENS OF CARLSBAD, THIS IS A DONATION THAT PEOPLE FOR PONTO CITIZENS HAVE BEEN ABLE TO SECURE FOR A PONTO PARK.

THIS IS A SCALE MODEL OF WHAT WOULD BE A 12 FOOT TALL BRONZE STATUE BY AN INTERNATIONALLY KNOWN ARTISTS THAT WOULD BE A BEACON TO SOUTH CARLSBAD AT PONTO PARK.

CAN I SHOW THIS OR DO I HAVE TO REMOVE IT FROM SIGHT? YOU NEED TO REMOVE IT.

LANCE, WE'VE HAD THIS DISCUSSION WITH YOU.

PLEASE I THOUGHT I'D ASK THE COUNCIL.

THANKS, MIKE. WE HOPE YOU LISTEN TO THE CITIZENS OF CARLSBAD AND ALSO SOME OF THE EXPERTISE THAT YOU HAVE.

I'D LIKE TO ASK A SIMPLE ASK FOR A COUNCIL THAT I THINK IS REALLY CONSISTENT WITH EVERYTHING THAT THE STAFF HAS SAID AND AND ALSO WITH WHAT THE COMMUNITY HAS SAID TO YOU.

AND AS TO DIRECT ABOUT FIVE PERCENT OF THE FUNDED CIP STUDY BUDGET.

NOW, RIGHT NOW, FOR A COLLABORATIVE PEOPLE FOR PONTO CITIZEN LED COLLABORATIVE CHARRETTE FOR THE PONTO COASTAL PARK PROMENADE ISSUES.

DO THIS NOW VERSUS WHO KNOWS WHEN AND WHEN IT'S TOO LATE, INCLUDING THE CHARRETTE TEAM, CITY PARK, PUBLIC WORKS FINANCE PLANNING DIRECTORS, CAL STATE PARKS, COASTAL COMMISSION REPRESENTATIVES. AND WE SUGGEST ALSO HAVING THE MAYOR AND COUNCIL PERSON ACOSTA AS PART OF THE AS PART OF THE AS PART OF THE THE TEAM.

COULD YOU HAND THIS TO THE.

I HAVE IT FOR YOU IF YOU WANT.

DO YOU WANT TO GIVE IT TO ME, I'LL MAKE SURE THAT COUNCIL RECEIVES IT.

CONSENSUS. I WAS INVOLVED IN A TWO MILLION DOLLAR MULTI AWARD WINNING PROCESS WHERE WE DID THIS VERY, VERY SUCCESSFULLY.

AND I THINK THIS WOULD BE VERY, VERY BENEFICIAL FOR CARLSBAD, THE COUNCIL, EVERYONE.

THIS WILL COME AT NO COST TO THE CITY AS A STUDY IS ALREADY A SANDAG FUNDED COMPONENT OF THE CIP BUDGET.

THE RESULTS OF THE CHARRETTE ARE LIKELY TO SAVE TAXPAYERS HUGE AND I MEAN TENS OF MILLIONS OF DOLLARS AND AND PRESENT ALSO SOME VERY COST EFFECTIVE SOLUTIONS.

THE CHARRETTE COLLABORATIVE ACTUALLY WILL RESULT IN THE CITY POSSIBLY EVEN MAKING MONEY ON A PONTO PARK VIA PRIVATE SECTOR DONATIONS HAVE BEEN MENTIONED AND EXTERNAL FUNDS.

PEOPLE FOR PONTO CITIZEN CHARRETTE PROCESS WILL LIKELY ACHIEVE ALL THE OBJECTIVES OF THE RELOCATION PROJECT AND LIKELY MORE.

PLUS, 11 ACRE OR MORE CITY PARK THAT WOULD BE A HUB TO COASTAL PARK FOR THE CITY.

AND BASED ON COST ESTIMATES THAT WE'VE DONE AND TALKS THAT WE'VE HAD WITH DEVELOPERS THAT KNOW WHAT THE VALUE IS, PROBABLY AT ABOUT A 50 PERCENT DISCOUNT FOR TAXPAYERS VERSUS THE WHAT COULD BE AN UNNECESSARY RELOCATION THAT WILL CONGEST TRAFFIC ALONG CARLSBAD BOULEVARD. THE PROMENADE FEATURES CAN BE DONE BASED ON CITY DATA FOR ABOUT 10 PERCENT OF THE RELOCATION PROJECT.

WE COULD SAVE TAXPAYERS 90 PERCENT OF THE COST OF THE PROMENADE PROJECT IF WE SIMPLY

[02:55:07]

AND IF YOU DOUBT ME, I CAN SHOW YOU IT'S VERY SIMPLE.

SINCE 2017 CITIZENS HAVE ASKED THE COUNCIL TO FUND A CITIZENS LED COLLABORATIVE CHARRETTE PROCESS TO SHOW THE COUNCIL WHAT IS POSSIBLE.

THERE IS SO MUCH POSSIBLE IF YOU WORK WITH US, IF YOU WORK WITH CITIZENS, IF YOU LISTEN TO THE EXPERTISE AND THE PEOPLE ON THE GROUND AND YOU EMBRACE THAT CHARRETTE PROCESS.

A MEANINGFUL SIZE AND DIMENSION PONTO COASTAL PARK IS A GROWING CITY MOVEMENT.

SIXTY TWO PERCENT OF CARLSBAD LIVES SOUTH OF PALOMAR AIRPORT ROAD AND HAS ZERO COASTAL PARKS, NOT ONE SINGLE ACRE FOR 62 PERCENT OF THE CITY OF CARLSBAD.

IT IS BLATANTLY UNFAIR.

IT VIOLATES PROBABLY SEVERAL PRINCIPLES OF THE CALIFORNIA COASTAL ACT.

YOU RECEIVE FIVE THOUSAND EMAILS AS SHOWN AND OVER SIX THOUSAND SIX HUNDRED EMAILS JUST FOR TONIGHT'S MEETING, SAYING THIS EXACT SAME THING.

PEOPLE FOR PONTO KNOW THAT IF YOU COLLABORATE WITH US AND WORK WITH US, WE CAN TOGETHER.

CREATE WIN, WIN, WIN OPTIONS FOR THE COUNCIL.

THEY MAY NOT BE THE ONES YOU CHOOSE, BUT THEY'RE OPTIONS THAT YOU SHOULD CONSIDER.

THE OPTIONS YOU HAVE TO CONSIDER, YOU HAVE TO LOOK AT ALL THE POSSIBILITIES AND WE HAVE A LOT OF THINGS THAT YOU HAVE NO IDEA ABOUT THAT COULD BE HUGELY BENEFICIAL BENEFIT TO THE CITY OF THE CITIZENS OF CARLSBAD.

AS I MENTIONED, YOU HAVE THREE POINT TWO FIVE DOLLARS MILLION IN THE CIP BUDGET JUST TO STUDY, JUST TO START STUDYING THE THE RELOCATION.

TAKE FIVE PERCENT OF THIS BUDGET COULD ANSWER MAJOR ISSUES FOR YOU AND ALSO PROBABLY GENERATE THE FUNDS TO PROVIDE FOR A LOT OF THE FACILITIES YOU'RE TRYING TO FUND.

THE CIP BUDGET DESCRIPTION SAYS YOU NEED TO LOOK AT REALIGNMENT ALTERNATIVES.

WE CAN PROVIDE THOSE TO YOU IN THE CHARRETTE PROCESS.

IT SAYS YOU NEED TO LOOK AT RELATED LONG TERM COASTAL PLANNING ISSUES.

WE HAVE BROUGHT THOSE ISSUES UP TO YOU ON NUMEROUS OCCASIONS.

THE RATIONALE IN THE CIP BUDGET SAYS TO ANALYZE MORE DETAILED ALTERNATIVES AND CREATE OPTIONS AND COST ESTIMATES, WE'RE HERE TO HELP YOU DO THAT.

WE THINK WE HAVE SOME SOLUTIONS AND OPTIONS FOR YOU THAT YOU REALLY, LIKE, BELIEVE ME.

MATT, I THINK YOU'LL [INAUDIBLE].

YOU REALLY WILL, BECAUSE THEY ACCOMPLISH A LOT OF THINGS THAT YOU WANT TO ACCOMPLISH AND YOU CAN DO IT A LOT CHEAPER THAN THE RELOCATION PLAN.

WE'VE PROVIDED YOU A LOT OF DATA SETS, WE PROVIDED YOU A 19 PAGE SUMMARY OF SOME OF THE INCORRECT INFORMATION, I THINK THAT'S IN IN YOUR REPORT.

AND I WANT TO LET YOU KNOW AND THE CITIZENS OF CARLSBAD KNOW WHERE I COME FROM.

I WAS A CITY PLANNER FOR CARLSBAD.

I WROTE THE MOST COMPLICATED LOCAL FACILITIES MANAGEMENT PLAN IN THE CITY AT THE TIME, WHICH WAS ZONE SIX, WHICH WAS LA COSTA.

I WAS PROJECT MANAGER FOR THE CITY FOR TWO OF THE FIRST DEVELOPER INITIATED GROWTH MANAGEMENT PLANS. I KNOW THE GROWTH MANAGEMENT PLAN BECAUSE I WAS HERE WHEN WE WERE WRITING IT AS STAFF.

I'M NOT WHEN I SPEAK AND TELL YOU AND SHOW YOU THE DATA.

IT'S CORRECT. BECAUSE I WAS HERE.

WE'VE TALKED ABOUT NO INFORMATION ABOUT SEA LEVEL RISE INCORPORATED IN IN THE REALIGNMENT, IF YOU LOOK AT HOW THAT AFFECTS THAT, YOU'LL SEE THERE ARE SOME CONCERNS YOU SHOULD BE LOOKING AT. IF YOU LOOK AT HOW SEA LEVEL RISE IS GOING TO IMPACT THE CAMPGROUND, WHICH IS A HIGH PRIORITY, LOW COST VISITOR ACCOMMODATION USE IN THE CITY.

IN FACT, IT'S ONLY LOW COST VISITOR ACCOMMODATION IN THE CITY.

IT SHOULD BE CAUSE FOR CONCERN.

AS I MENTIONED, THERE'S NO COST BENEFIT ANALYSIS.

MATT HAS HAS BEEN ON RECORD SAYING THAT THE RELOCATION AND THE RELOCATION BUYS ZERO ACRES OF NEW LAND. YOU'RE JUST REARRANGING THE DECK CHAIRS.

THAT'S COST SEVENTY FIVE MILLION VERSUS A TWENTY MILLION DOLLAR ESTIMATE.

AS MATT HAD PUBLICLY SAID, THAT WOULD ACTUALLY BUY 11 NEW ACRES OF LAND TO THE CITY AND YOU WOULD STILL HAVE ALL THE LAND WITHIN WITHIN THE RELOCATION AREA STILL.

SO IT'D BE CHEAPER TO LANDBANK ALL THAT LAND IN THE RIGHT OF WAY AND BUY LAND WHILE YOU

[03:00:03]

ONE OF THE THINGS THAT WAS NOT MENTIONED IS THAT A LOT OF OUR PARKS ARE REALLY UNUSABLE AS PARKS BECAUSE THEY'RE COVERED WITH HABITAT AND PARKING.

SO ACTUALLY WE HAVE LESS PARKS THAN WHAT YOU EVEN THINK AND OUR STANDARD IS THE LOWEST STANDARD IN NORTH COUNTY.

OCEANSIDE REQUIRES FIVE ACRES PER THOUSAND POPULATION, ENCINTAS REQUIRES FIVE ACRES PER THOUSAND POPULATION.

WE IN CARLSBAD ONLY REQUIRE THREE ACRES PER THOUSAND POPULATION.

WE PROVIDE 40 PERCENT LESS PARKS THAN ADJACENT CITIES.

AND MANY OF THOSE PARKS ARE UNUSABLE AS PARKS FOR HUMANS.

WE HAVE A GREAT OPPORTUNITY TO ADDRESS SOME OF THE MISSING COASTAL ACT ISSUES THAT ARE GOING UNDISCLOSED, AND WE CAN GO INTO THOSE IN MORE DETAIL BECAUSE THEY'RE SOMEWHAT COMPLICATED. AND ALSO, THE LAST THING TO MENTION THE EXISTING LAND USE FOR THE PROPERTY IS NOT WHAT STAFF SAYS.

THERE ARE FIVE LEGISLATIVE LEGALLY CHANGING ORDINANCE CHANGING REQUIREMENTS THAT NEED TO OCCUR ON THIS PROPERTY AND PONTO BEFORE THEY CAN DEVELOP.

THREE OF THEM HAVE TO BE DONE BY COUNCIL, LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT TO ADJUST THE CHANGE FROM NONRESIDENTIAL RESERVE, WHICH IT IS IN THE LOCAL FACILITIES MANAGEMENT PLAN, LCP AMENDMENT AND A ZONE CHANGE.

AND WE THANK YOU VERY MUCH, LANCE.

NEXT SPEAKER IS ARNIE COHEN, FOLLOWED BY DALE [INAUDIBLE] AND FRED BRIGGS.

GOOD EVENING. IT'S BEEN A LONG TIME AND IT'S GOOD TO SEE EVERYBODY IN PERSON AND LIVE, YOU KNOW, I LOOK AT THIS THIS PROJECT AND I'VE HAD SOME CONVERSATIONS WITH THE MAYOR, FRED BRIGGS, WHO'S GOING TO FOLLOW ME, TALKING ABOUT THE COASTAL PARK AND THE REALIGNMENT AND WHAT WE CAN DO THERE.

AND, YOU KNOW, I LOOK AT IT AS A BUSINESS PLAN, A BUSINESS ISSUE.

SO I'M A BUSINESS BACKGROUND.

MY BUSINESS BRAIN SAYS, WHAT ARE THE CHALLENGES? WHAT ARE THE OPPORTUNITIES? YES, I UNDERSTAND THE PONTO GROUP WHO HAS THEY'VE DONE TREMENDOUS WORK AND I KNOW THEY'VE DONE A LOT OF RESEARCH AND THEY HAVE A LOT OF INFORMATION.

BUT THE BIGGEST CHALLENGE I CAN'T SEEM TO GET PAST WITHOUT.

WITHOUT SOME MORE INFORMATION IS DO YOU HAVE A WILLING SELLER AND WILL THE COMMUNITY, THE ENTIRE CITY OF CARLSBAD, VOTE TO SPEND THE MONEY TO DO IT? IF YOU DO HAVE A WILLING SELLER, NOW YOU HEAR 20 MILLION, YOU HEAR 40 OR FORTY FIVE MILLION, I'M THINKING 30 TO 40 MILLION IS PROBABLY WHAT IT'S GOING TO BE, YOU KNOW, WHERE IS THAT? IF THAT IF MORE THAN A MILLION OF THAT HAS TO COME FROM THE GENERAL FUND IT'S GOT TO GO TO THE CITIZENS.

AND IT'S THE QUESTION IS, WILL THE ENTIRE CITY SUPPORT THAT? BECAUSE THIS ISN'T JUST GOING TO BE A VOTE IN DISTRICT FOUR, DISTRICT THREE OR THE SOUTHWEST QUADRANT. IT'S GOING TO BE A VOTE OF THE ENTIRE CITY.

WILL THEY WANT TO SEE THAT MUCH MONEY BEING SPENT IN ONE AREA OF THE COMMUNITY AS OPPOSED TO BEING SPENT ON THINGS ALONG THE ENTIRE COAST FROM PALOMAR AIRPORT ALL THE WAY DOWN TO LA COSTA, THAT, QUITE FRANKLY, COULD BE AND SHOULD BE ONE OF THE MOST BEAUTIFUL SEGMENTS OF THE ENTIRE CALIFORNIA COAST.

IF YOU THINK ABOUT WHAT COULD BE DONE THERE IN A LINEAR PARK, IT COULD BE SOMETHING THAT WOULD BE UNMATCHED BECAUSE WE HAVE BASICALLY THE ABILITY TO START FROM SCRATCH.

WE CAN MAKE IT WHATEVER WE WANT.

I THINK YOU WOULD HAVE THE ENTIRE CITY MUCH MORE SUPPORTIVE OF SOMETHING THAT 64 ACRES, IF I REMEMBER CORRECTLY, IT'S 64 ACRES FROM PALOMAR AIRPORT ALL THE WAY DOWN, NOT TWENTY TWO ACRES. OK, YOU'RE TALKING ABOUT THE SOUTHWEST QUADRANT.

SO IS IT AT PONTO OR IS IT THE ENTIRE STRIP? IT'S STILL THE SOUTHWEST QUADRANT.

IT CAN BE A PARK, IT CAN BE PARKING, WHICH IS NEEDED, IT COULD BE BETTER ACCESS TO THE COAST. IT COULD EVEN BE THE ABILITY TO SAY, IF WE'RE GOING TO DO THAT, WE CAN GO TO THE STATE AND GIVE THEM ONE OF THE THINGS THEY WANT.

THEY WANT TO MOVE THE CAMPGROUND EASTWARD A LITTLE BIT, TAKE THE OLD RIGHT OF WAY FOR THE COAST HIGHWAY AND USE SOME OF THAT TO MOVE THE CAMPGROUND EASTWARD.

WE COULD GO BACK TO THEM AND SAY, OK, WE'RE WILLING TO DO THAT.

NOW, LET'S START TALKING ABOUT THE CITY NOW BEING ABLE TO MANAGE THE ENTIRE SEVEN MILES OF OUR BEACH, WHICH THEY'VE STOPPED THE CONVERSATION ON.

SO I THINK THERE'S A LOT MORE HERE.

BUT ULTIMATELY, TO ME, IT GETS BACK TO THE BOTTOM LINE.

DO YOU HAVE A WILLING SELLER? AND IF YOU DO, WILL THE CITY SUPPORT IT? IF YOU WANT TO PURSUE THE PONTO PARK, YOU NEED TO ANSWER THOSE TWO QUESTIONS.

[03:05:05]

THANKS. DALE [INAUDIBLE].

GOOD EVENING MAYOR, MEMBERS OF THE COUNCIL.

I'VE NOT APPEARED BEFORE THIS BODY FOR, I THINK CLOSE TO 20 YEARS WHEN WE WERE LOOKING FOR A STOP SIGN AT AVENIDA ENCINAS AND PORTAGE WAY.

I'VE LIVED IN THE COMMUNITY NOW FOR ALMOST 20 YEARS AND WITHOUT GOING OVER ALL THAT'S BEEN SAID. LET ME JUST ECHO WHAT I HEARD THEM SAY, AND THAT IS.

THOSE OF US IN PONTO.

IN THE SHADOW OF PONTO, WANT TO WORK COLLABORATIVELY WITH YOU, MEMBERS OF THE COUNCIL.

TO WORK TO DEVELOP A PARK.

FOR THE USE AND ENJOYMENT AND BETTERMENT OF THE QUALITY OF LIFE OF THE CITIZENS OF CARLSBAD. WHEN I REMEMBER COUNCILMAN BLACKBURN STOPPING ME AT MONROE AND CARLSBAD BOULEVARD TO POINT OUT.

THAT THERE WAS A STOP SIGN.

AND SAYING WE JUST DID THAT CHANGE AND I KNOW THAT YOU MAY NOT HAVE SEEN IT.

AND I SAID, THANK YOU, OFFICER.

AND I'VE BEEN MINDFUL OF THAT STOP SIGN OR THAT SIGNAL EVER SINCE THEN AND ALWAYS PAY DUE DEFERENCE AS I MAKE THE TURN FROM MONROE TO CARLSBAD BOULEVARD.

AS A CITIZEN OF CARLSBAD AND 20 YEAR RESIDENT.

I WOULD LIKE TO BE ABLE TO ENJOY THAT WALK TO THE OCEAN FROM MY HOUSE.

AND NOT SEE.

A SEA OF RED TILED ROOFS, BUT RATHER CHILDREN PLAYING IN THE PARK.

WE'LL WORK WITH YOU.

WORK WITH US.

WE'RE THE CITIZENS OF CARLSBAD.

THANK YOU. FRED BRIGGS, FOLLOWED BY SHANNON DELANEY AND PAIGE EXCUSE ME, DAN [INAUDIBLE].

MR. MAYOR, MEMBERS OF COUNCIL.

MY NAME IS FRED BRIGGS.

I LIVE OUT ON BASSWOOD AVENUE AND I'M CURRENTLY SERVING AS CHAIRMAN OF THE CITY'S BEACH COMMITTEE BEACH COMMISSION.

EXCUSE ME. HOWEVER, WHAT I HAVE TO SAY THIS EVENING IS ON MY OWN BEHALF.

WE ARE SEEING SOME MARVELOUS OPPORTUNITIES OPENING UP IN FRONT OF US TONIGHT.

THIS HAS BEEN A VERY INTERESTING DISCUSSION.

WE HAVE MULTIPLE, MULTIPLE OPTIONS OPENING UP IN FRONT OF US.

THE BIG PROBLEM IS GOING TO BE MAKING IS GOING TO BE MAKING THE DECISION.

EVER SINCE CARLSBAD BEGAN ASSESSING SATISFACTION WITH CITY IMPROVEMENT EFFORTS, CARLSBAD RESIDENTS HAVE CONSTANTLY REAFFIRMED THEIR FOCUS ON THE QUALITY OF LIFE HERE AND THE DESIRE TO MAINTAIN A BEACH COMMUNITY ENVIRONMENT AND A LIFESTYLE.

LIKE MYSELF, A MAJORITY OF RESIDENTS REPORT THAT BEACH ACTIVITIES AND ACCESS TO THE COASTLINE WERE AND REMAIN CENTRAL TO THEIR DECISION TO LIVE HERE.

IN FACT, A VIABLE ARGUMENT CAN BE MADE THAT OUR COASTLINE IS OUR COMMUNITIES MOST ATTRACTIVE AND VALUABLE ASSET.

BUT CARLSBAD NEEDS BADLY TO PROVIDE BETTER ACCESS, EXPANDED AND IMPROVED FACILITIES AND ADDITIONAL PUBLIC SAFETY RESOURCES FOR THE RESIDENTS AND THE VISITORS ALIKE.

THE TIME HAS ARRIVED TO GIVE SERIOUS CONSIDERATION TO THE CONCEPT OF PROVIDING A CITY BEACH PARK IN THE PONTO AREA.

THE SPACE IS AVAILABLE THERE FOR A DRAMATIC IMPROVEMENT IN PUBLIC COASTAL AND BEACH ACCESS IF THE FULL POTENTIAL IS UTILIZED.

WE'VE SEEN SEVERAL DIFFERENT OPTIONS ON HOW TO UTILIZE THAT, THAT OPPORTUNITY, WHILE

[03:10:08]

I ENCOURAGE THE CITY COUNCIL TO CONSIDER AND INITIATE A COMMUNITY DISCUSSION REGARDING A BEACHSIDE PARK IN PONTO IN THAT AREA AS AN ELEMENT OF WHAT A WIDER AS AN ELEMENT OF A WIDER VISION TO PRESERVE AND PROTECT OUR REMAINING COASTLINE.

WE HAVE AN OPPORTUNITY HERE TO DO SOMETHING FANTASTIC, LET'S GET WITH IT.

THANK YOU. SHANNON DELANEY.

HI MEMBERS OF CARLSBAD CITY COUNCIL.

MY NAME IS SHANNON DELANEY, A LONGTIME NORTH COUNTY RESIDENT THAT'S BEEN ACTIVE IN THE AQUATIC COMMUNITY, THE LIFEGUARD COMMUNITY AND THE JUNIOR GUARD PROGRAMS UP AND DOWN THE COAST. I'M READING THIS LETTER ON BEHALF OF MY COLLEAGUE SCOTT [INAUDIBLE] WHO'S A CLOSE FRIEND WHO IS CURRENTLY OUT OF TOWN.

SCOTT'S A FORMER PROFESSIONAL TRIATHLETE, TURNED A HIGH PERFORMANCE COACH.

THE SPORT OF TRIATHLON HAS BLESSED BOTH OF US WITH THE OPPORTUNITY TO TRAVEL THE WORLD UNDER THE BANNER OF SPORT AND WITNESS FIRSTHAND THE MAGIC THAT HAPPENS WHEN COMMUNITIES BRING TOGETHER FITNESS LIFESTYLE THAT'S ACCESSED BY ALL.

AND THIS IS ON BEHALF OF SCOTT.

CARLSBAD IS BLESSED IN THAT THERE STILL REMAINS SOME UNDEVELOPED LAND THAT CAN BE USED FOR COASTAL ORIENTED COMMERCIAL RECREATION VERSUS MORE HOUSING.

OVER THE PAST FEW YEARS, I HAVE BECOME INTERESTED IN A CONCEPT TO BRING IN A HIGH-PERFORMANCE TRIATHLON TRAINING ACADEMY TO NORTH COUNTY AND IN SAN DIEGO, WHICH IS THE BIRTHPLACE OF THE SPORT.

ALONG THE WAY OF DEVELOPING THIS CONCEPT, I RAN INTO THE PEOPLE FOR PONTO AND BECAME AWARE OF THE COASTAL OCEAN, OPEN SPACE AND RECREATIONAL LAND OPPORTUNITY.

THAT IS THE VACANT LAND ALONG HIGHWAY 101.

IN CARLSBAD. OUTSIDE OF PRODUCTIVE CONVERSATIONS, I'VE ALSO ENGAGED INTERESTED PARTIES WILLING TO EVALUATE AND FUND A UNIQUE CENTER THAT COULD BE BROADENED TO REACH FITNESS, SURFING, LIFEGUARDING COMMUNITIES WHILE CONTINUING TO BRING PEOPLE OF THE CITY AND SHOWCASE EVERYTHING THAT CARLSBAD HAS TO OFFER.

IMAGINE IF CARLSBAD CHOOSES A LAND USE PLAN ALONG ITS COASTLINE TO ALLOW FOR A WONDERFUL BLEND OF COMMERCIAL AND PUBLIC RECREATION THAT COULD STILL MEET THE REQUIRED OPEN SPACE.

LOOKING BACK AT THE BATIQUITOS LAGOON EDUCATIONAL PARK MASTER PLAN, THE [INAUDIBLE] INC., A COMMERCIAL RECREATIONAL FACILITY, SOMETHING THAT WAS INTRODUCED I THINK IN THE 80S, EARLY 90S, WE COULD DO THIS NOW IF THERE IS ADEQUATE LAND AND ACCESS, I ENVISION A LOCAL COASTAL PROGRAM AT PONTO THAT WILL SERVE GENERATIONS TO COME, OFFERING NEIGHBORS THE OPPORTUNITY TO LIVE ACTIVE, HEALTHY LIFESTYLES.

THE STRETCH OF HIGHWAY 101 IN CARLSBAD IS ONE OF THE MOST MAGNIFICENT STRETCHES OF ROAD IN THE WORLD. I THINK WE CAN ALL AGREE ON THAT.

THIS COUNCIL HAS THE OPPORTUNITY TO DO SOMETHING REALLY SPECIAL THAT WILL LEAVE A LASTING LEGACY ON GENERATIONS TO COME.

I HOPE YOU CAN REACH HIGH AND DO THE RIGHT THING BY THINKING OF FUTURE GENERATIONS NEED FOR COASTAL RECREATION AND LOOKING AT STRATEGIC PARTNERSHIPS TO MAKE THIS HAPPEN.

THERE ARE PLENTY OF OPPORTUNITIES AND CONVERSATIONS IN THE MAKING.

THANK YOU SO MUCH FOR YOUR TIME.

DEANNE [INAUDIBLE], REPRESENTING A GROUP YOU'LL HAVE 10 MINUTES.

AND YOU'LL BE GLAD TO KNOW I WON'T TAKE IT ALL.

GOOD EVENING, EVERYONE. IT'S WONDERFUL TO SEE YOU ALL IN PERSON.

MAYOR HALL, COUNCIL MEMBERS.

CITIZENS FOR NORTH COUNTY APPRECIATE THE OPPORTUNITY TO SPEAK ON ITEM 14.

THIS YEAR, MANY OF US HAVE COME TO CHERISH THE OPPORTUNITY TO WORK, WALK, RUN AND PLAY.

AND YES, I DID SAY WORK IN OUR PARKS AND OPEN SPACES.

BEFORE YOU, TONIGHT IS THE FUTURE OF THESE CHERISHED SPACES IN A CRITICAL PART OF THIS COMMUNITY THAT IS, I BELIEVE LANCE MENTIONED, WAS REPRESENTS ABOUT 60 PERCENT OF OUR OF OUR RESIDENTS. WE APPRECIATE THE STAFF REPORT AND ITS HISTORY OF THE SOUTHWEST QUADRANT AND ITS RECREATIONAL AND OPEN SPACE NEEDS.

UNFORTUNATELY, IT FAILS IN ITS MISSION.

YOU MIGHT HAVE GOTTEN THAT IDEA FOR THE LAST FEW SPEAKERS.

IT IS NOT SO MUCH AN ANALYSIS OF HOW TO FIX PONTO'S DEFICIT WHILE ADDRESSING THE THREAT OF FUTURE EROSION AND THE RISING SEA LEVEL AS IT IS A CAMPAIGN FLIER CONCEIVED TO CONVINCE PONTO RESIDENTS TO FORFEIT NEIGHBORHOOD OPEN SPACE AND PARKS IN EXCHANGE FOR

[03:15:04]

THERE WAS NOT EVEN A PRETENSE OF CORRECTING THE SHORTAGE OF OPEN SPACE IN PONTO.

NO, THE GOAL IS CLEARLY FOCUSED ON THE POTENTIAL COST SAVINGS AND USING AVAILABLE LAND ALONG THE COAST THAT THE CITY ALREADY OWNS.

WE ARE NOT TALKING ABOUT GAINING MORE LAND FOR PROMISED OPEN SPACE IN PARKS, BUT RELABELING SPACES WITHOUT PROVIDING THE AMENITIES THAT ACTUALLY MAKE THEM PARKS AND OPEN SPACE. RELABELING IS AKIN TO REARRANGING THE DECK CHAIRS ON THE TITANIC.

AND THAT'S WHAT THIS REPORT DOES.

ITS PROPOSAL TO CONFISCATE A LANE OF ROADWAY, ESSENTIALLY THAT MIGHT OR MIGHT NOT STILL BE HERE IN 25 YEARS TO MAKE WAY FOR MORE PARKING SPACES LINKED BY SLIGHTLY WIDER FOOTPATHS OR BIKE LANES, THOUGH PROBABLY NOT BOTH.

A POINT OF HISTORY, COUNCILWOMAN ACOSTA YOU ASKED ABOUT WHEN THIS CAME ABOUT, THIS LINEAR PARK CONCEPT I REMEMBER AND I'VE LIVED HERE 21 YEARS AND IT SEEMS LIKE I'VE BEEN AT COUNCIL MEETINGS FOR 21 YEARS OF EQUATING A LINEAR PARK TO A REAL PARK AS SOMETHING AKIN TO COMPARING A TWEET WITH WAR AND PEACE.

IT'S NOT THE SAME THING, AND I THINK THE ANALOGY STILL HOLDS.

THE REPORT ASSERTS THE CITY HAS DELIVERED ON THE GROWTH MANAGEMENT PLANS, COMMITMENT TO OPEN SPACE ACREAGE.

YET NOWHERE IS THERE A LIST OF THE MISTAKES MADE IN CALCULATING DEVELOPER OBLIGATIONS UNDER THE GMP OR OF THE VARIANCES GIVEN THAT HAVE NIPPED AND TUCKED AT THIS COVENANT.

WHERE IS THE HISTORY OF THE LAWSUITS FILED TO FORCE COMPLIANCE AND LAND ACQUISITION? NOT HERE IN THIS REPORT.

ALSO MISSING IS THE DEFINITION OF WORLD CLASS.

WHO HAS BEHELD WORLD CLASS MULTIMODAL MOBILITY CORRIDORS SO DESIRABLE THAT PONTO RESIDENTS SHOULD SETTLE FOR THAT INSTEAD OF A PARK AND COASTAL TRAILS? SHOULDN'T SUCH DETAILS BE PART OF AN ANALYSIS? IS IT NOT A MISTAKE TO OMIT IT? IT IS A MISTAKE TO PRETEND THE LAND REFERRED TO AS VETERAN'S PARK SERVES PONTO OR IS EVEN A LOCATION THAT SHOULD BE UTILIZED AS A CENTRAL PARK.

AGAIN, A POINT OF HISTORY.

REPEATEDLY, WE HAVE SUGGESTED THAT ONE OF THE BETTER USES FOR THAT PROPERTY OF VETERAN'S PARK IS AS LOW INCOME OR AFFORDABLE HOUSING AND TO CREATE A COMMUNITY THERE WITH ITS OWN PARK WHILE PROVIDING COMMUNITIES IN THIS IN PONTO WITH THEIR OWN PARK.

WE CAN FORGIVE OUR CITY'S LEADERS IN 1986 FOR PROPOSING VETERAN'S AND FOR NOT GRASPING THE THREATS WE FACE TODAY AND EVEN THOSE WHO SAT ON THIS COUNCIL IN 2006.

BUT THAT DOES NOT MEAN WE SHOULD HOLD FAST TO THEIR MISTAKES AND CHARGE OVER THE CLIFF TO OBLIVION IN 2021.

AND THEN THERE IS THIS PAGE 10, I REALLY DON'T LIKE PAGE 10, LOTS OF ASSERTIONS ABOUT THE HOLY GRAIL OF CONNECTIVITY, WHICH IS PRETTY MUCH PRETTY RICH, ACTUALLY, CONSIDERING THAT THIS COUNCIL RECENTLY WENT FORWARD WITH AN EMASCULATED HUB PARK THAT IS SO ANEMIC AS TO MAKE THE GOALS CITED IN THIS SECTION OF THE REPORT IMPOSSIBLE TO ACHIEVE FROM THE VERY BEGINNING. PLEASE TABLE THIS REPORT, COMMIT FUNDS TO ACQUIRING LAND FOR PONTO AND TAKE IT TO THE VOTERS FOR APPROVAL.

WE HAVE ALWAYS RALLIED TO PROTECT OUR COMMUNITY.

JOIN US. WOULDN'T THAT BE WORLD CLASS? THANK YOU. DIANE [INAUDIBLE].

ALWAYS HATE TO FOLLOW DEANNE, I CAN TELL YOU THAT.

HONORABLE MAYOR AND COUNCIL, AND I'M HERE TONIGHT TO READ INTO THE RECORD A LETTER FROM HOWARD [INAUDIBLE] ON BEHALF OF NORTH COUNTY ADVOCATES THAT Y'ALL RECEIVED EARLIER TODAY.

PONTO AREA'S ONE OF THE VERY LAST REMAINING SAN DIEGO COASTAL AREAS WHERE THERE'S STILL AN OPPORTUNITY TO CREATE A SPECIAL PLACE THAT BENEFITS RESIDENTS AND VISITORS ALIKE.

THIS COUNCIL RECOGNIZED THAT WHEN YOU DIRECTED STAFF TO TAKE SIX MONTHS TO IDENTIFY THE OPPORTUNITIES TO PRESERVE OPEN SPACE AND RECREATION IN PLANNING AREA F.

THE STAFF REPORT CLAIMS THAT GMP OPEN SPACE AND PARK STANDARDS ARE ALREADY BEING MET.

HOWEVER, WE DISPUTE SOME OF THE CONCLUSIONS ABOUT OPEN SPACE THAT WE BELIEVE ARE BASED ON FAULTY, INCONSISTENT INTERPRETATIONS OF THE GMP PERFORMANCE STANDARDS.

WE'VE RAISED THAT DISPUTE AND A LEGAL CHALLENGE THAT THE CITY HAS BEEN DRAGGING OUT FOR OVER TWO YEARS, FOR EXAMPLE, YEARS AGO.

ZONE NINE WAS DETERMINED TO BE IN COMPLIANCE BASED ON THE MASTER PLAN FOR A PROJECT THAT

[03:20:04]

FOOTNOTE THREE ON PAGE THREE OF THE REPORT SAYS, QUOTE, THE OPEN SPACE STANDARD WAS MET FOR ZONE NINE THROUGH THE EARLIER PRESERVATION OF THE BLUFFS AND SLOPES END QUOTE.

BLUFFS AND SLOPES ARE CONSTRAINED LANDS.

THOSE MUST BE EXCLUDED FROM OPEN SPACE COMPUTATIONS.

IN FACT, ZONE NINE DOES NOT MEET THE PERFORMANCE STANDARDS THAT REQUIRES 15 PERCENT UNCONSTRAINED ACRES OF OPEN SPACE.

WE URGE YOU TO DIRECT STAFF TO DO MORE, TO EXPLORE ALL THE OPPORTUNITIES.

SO THE END RESULT IS WHAT THE PEOPLE OF THIS AREA HAVE BEEN SAYING THEY WANT FOR OVER 10 YEARS A COASTAL ACCESS PARK AT PONTO.

HERE IS SOME OF THE THINGS THAT REQUIRE FURTHER ACTION.

FIRST REQUEST THE OPEN SPACE COMMITTEE RECONVENE AND EVALUATE POSSIBLE ADDITIONAL LANDS ALONG THE SOUTHWEST QUADRANT, INCLUDING THOSE SITES THAT WOULD PROVIDE CONNECTIVITY FOR HABITAT AND COULD BE RESTORED FROM THEIR CURRENT DEGRADED CONDITION.

TWO CONSIDER THE IMPLICATIONS OF SEA LEVEL RISE ALONG THE COAST, INCLUDING THE LOSS ACREAGE AND THE EFFECTS ON THE STATE PARK CAMPGROUND.

THREE EVALUATE A FULL RANGE OF POTENTIAL FUNDING SOURCES FOR PARK AND NATURAL OPEN SPACE THAT COULD INCLUDE REALLOCATING SOME OF THE PARK ACRES AND FUNDS FROM VETERAN'S PARK BACK TO THE SOUTHWEST QUADRANT WHERE THEY BELONG.

OTHER FUNDING SOURCES WITHIN THE CITY AND OTHER STATE AND FEDERAL SOURCES THAT ARE AVAILABLE FOR PARKS AND COASTAL ACCESS AND NATURAL LANDS.

WE ENCOURAGE THE CARLSBAD CITY COUNCIL AND THEIR ATTORNEYS TO EXPLORE A SETTLEMENT OF OUR OPEN SPACE LITIGATION IS A WASTE OF TIME AND RESOURCES TO DRAG THIS LITIGATION OUT FOR YEARS AND IN THE MEANTIME, LOSE OPPORTUNITIES LIKE THIS ONE BEFORE YOU TONIGHT.

THANK YOU. LAURA WALSH.

HI, LAURA WALSH, THANKS FOR THE OPPORTUNITY TO SPEAK.

I'M THE POLICY MANAGER FOR THE SURF RIDER FOUNDATION IN SAN DIEGO COUNTY AND I KNOW IT'S GETTING LATE. SO I JUST I WANTED TO SPEAK TODAY TO JUST HAMMER HOME THE POINT OF HOW IMPORTANT IT IS TO INCLUDE SEA LEVEL RISE IN THIS DISCUSSION.

YOU KNOW, SURF RIDER IS ALL ABOUT PROTECTING BEACHES IN THE COUNTY AND WE KIND OF SAY WE CAN'T PROTECT SOMETHING THAT DOESN'T EXIST.

AND THAT'S KIND OF THE EXISTENTIAL THREAT OF SEA LEVEL RISE THAT WE'RE FACING TODAY.

AND I KNOW THE CITY HAS DONE A VULNERABILITY ASSESSMENT AND FOUND THAT 14 ACRES IN THIS PARTICULAR PLANNING AREA ARE VULNERABLE BY 2050.

I WORKED ON THE CLIMATE ASSESSMENT FOR THIS REGION AND 2050 IS A DATE WE TALK ABOUT AND SEA LEVEL RISE BECAUSE OF RAPID ACCELERATION THAT WE'LL SEE AT THAT DATE.

BUT BEFORE THEN, WE HAVE A BACKGROUND RATE OF SEA LEVEL RISE THAT IS STEADILY, INCREMENTALLY INCREASING.

SO SCRIPPS IS TELLING PEOPLE THAT BY 2030 WE'RE GOING TO HAVE A 50 FOLD INCREASE IN HIGH TIDE FLOODING DAYS. THAT'S A LOT OF DAYS THAT YOU WON'T BE ABLE TO ACCESS THE BEACH.

AND, YOU KNOW, WE'RE HAVING THESE CONVERSATIONS REGIONALLY IN PLACES LIKE OCEANSIDE THAT HAVE A LOT OF EXTREME SAND LOSS THAT THEY'RE DEALING WITH AND PROJECT PROPOSALS THAT THEY'RE LOOKING AT ARE UPWARDS OF 30 MILLION DOLLARS.

AND SO I JUST KIND OF WANTED TO BRING THAT TODAY THAT, YOU KNOW, SOME OF THE SHORT TERM SOLUTIONS FOR SAND REPLACEMENT THAT WE'RE SEEING, THEY'RE NOT GOING TO LAST FOREVER.

THE BEACHES ARE HIGHLY VULNERABLE JUST FROM OUR REGIONAL WORK.

IT'S REALLY RARE TO SEE, YOU KNOW, EITHER A 20 ACRE OR AN 11 ACRE OPPORTUNITY TO PRESERVE AN AREA FOR UPLAND RELOCATION.

AND AS CITIES, DO HAVE TO GO GET THE PERMITTING FOR BIG PROJECTS THAT THEY WANT TO PRESERVE SAND IN THEIR COMMUNITY.

THEY'RE GOING TO HAVE TO PROVE THAT THEY LOOKED AT HOLISTIC MANAGEMENT OPTIONS FOR MAINTAINING A BEACH. SO I JUST THINK THIS IS A REALLY GOOD TIME TO CONSIDER THAT IN CARLSBAD. THANKS.

THAT IS THE LAST SPEAKER ON THIS ITEM.

OK, WE WANT TO THANK THE SPEAKERS TONIGHT.

AND THERE WAS A WHOLE LOT OF GOOD POINTS MADE.

I REALLY APPRECIATE THE INPUT THAT WE WERE GIVEN TONIGHT ON FROM MULTIPLE DIFFERENT SPEAKERS. SO DO WE HAVE ANY QUESTIONS? MS. COUNCIL MEMBER ACOSTA.

YES, THANK YOU, SOME SOME NOTES THAT I HAD TAKEN EARLIER JUST KIND OF WERE REINFORCED IN SOME OF THE PUBLIC COMMENTS. I HAD SOME MORE QUESTIONS FOR STAFF.

THE SEA LEVEL RISE PORTION, I KNOW YOU MENTIONED THAT BEFORE, AND JUST BECAUSE IT WAS THE LAST ONE THAT WE JUST HEARD, I WANTED TO I WANTED TO SAY THAT AGAIN, WE HAVE NEXT MONTH WE'RE GOING TO BE TALKING ABOUT ADAPTATION STRATEGIES.

IS THAT RIGHT? OK, COULD YOU GIVE US MORE INFORMATION ABOUT WHAT'S GOING TO BE HAPPENING NEXT MONTH.

SO JUST KIND OF ALSO KIND OF CLARIFY EVEN MORE ABOUT WHAT THE STUDY THEY'RE REFERRING TO

[03:25:03]

THERE WAS A REPORT DONE AND CALLED A SEA LEVEL RISE VULNERABILITY REPORT, AND IT WAS DATED IN 2017.

A VERSION OF IT WAS ACTUALLY PRESENTED TO THE COUNCIL, I BELIEVE, A YEAR AND A HALF AGO OR TWO YEARS AGO. WHAT THAT IDENTIFIED IS AREAS WHERE THERE'S VULNERABILITIES FOR FLOODING AND EROSION.

THE STUDY DOES NOT IDENTIFY HOW MUCH EROSION IS GOING TO OCCUR, HOW MUCH FLOODING IS GOING TO OCCUR. IT DOESN'T IDENTIFY THAT THE PARK AREA, HOW MUCH OF THE PARK AREA IS GOING TO BE IMPACTED BY BY SEA LEVEL RISE.

IT JUST IDENTIFIES THAT THESE ARE VULNERABILITY AREAS.

ONCE WE BRING THE LOCAL COASTAL PROGRAM AMENDMENT TO YOU COUNCIL, WHICH IS GOING TO INCLUDE A SEA LEVEL RISE POLICY SECTION, THE NEXT STEP ONCE THE COUNCIL ADOPTS THOSE AND ACCEPTS THE REPORTS, THE NEXT STEP IS TO DEVELOP AN ADAPTATION PLAN THAT IDENTIFIES WHAT PROGRAMS, POLICIES, WHAT ARE WE GOING TO DO AS A CITY TO ADDRESS THOSE VULNERABILITIES SO WE CAN PROTECT THE BEACH RESOURCES THAT ARE AT RISK.

AND SO THAT THAT IS THE NEXT STEP THAT WOULD REQUIRE A CONSULTANT TO BE BROUGHT ON BOARD TO HELP US. AND WE'RE WORKING WITH THE COMMUNITY IN TERMS OF COMING UP WITH THE POLICIES AND THE PROGRAMS THAT WILL BE IN THAT ADAPTATION PLAN.

SO THE ACTUAL SCHEDULE IS NOT SET UP YET.

WE FIRST WANT TO TAKE THE FIRST STEP IN GETTING THE LCPA TO THE COUNCIL FOR THEM TO CONSIDER IT AND THEN GET DIRECTION TO MAKE THAT NEXT STEP.

GREAT. THANK YOU. THANK YOU VERY MUCH.

BECAUSE I THINK THAT THE IDEA IS THAT WE DON'T WANT TO PURSUE THIS, PURSUE A ROUTE WHERE THE THE PARK SPACE THAT WE'D BE LOOKING AT WOULD JUST BE WASHED AWAY OR ERODED RIGHT AWAY. SO I THINK THAT IS REALLY IMPORTANT TO CONSIDER THOSE FACTORS.

THE OTHER THING THAT I HAD THOUGHT OF EARLIER AND THAT CAME UP AGAIN WAS ALL OF THE DIFFERENT PARTIES THAT WE WOULD NEED TO WORK WITH FOR THE REALIGNMENT.

AND COULD COULD YOU KIND OF GO OVER WHO THOSE ARE IN ADDITION TO OBVIOUSLY THE CITY AND AND THE THE COMMUNITY.

THERE'S THE COASTAL COMMISSION, THERE'S STATE PARKS.

WHO ELSE WHO ARE THE STAKEHOLDERS? GO AHEAD.

YES, COASTAL COMMISSION AND OTHER RESOURCE AGENCIES WILL CERTAINLY BE INVOLVED.

STATE PARKS WOULD BE INVOLVED IF THERE WAS A LAND SWAP.

BUT AS MENTIONED, THERE IS A POTENTIAL FOR NOT DOING A LAND SWAP, IN WHICH CASE STATE PARKS WOULD BE CONSULTED.

I DON'T KNOW THAT THEY WOULD NECESSARILY NEED TO BE A PARTY TO AN AGREEMENT PER SAY.

BEYOND THAT, THERE WOULD BE EXTENSIVE REVIEW BY PARKS AND RECOMMISSION, PLANNING COMMISSION, THIS COUNCIL.

SO THERE WOULD BE MULTIPLE BODIES THAT WOULD CERTAINLY REVIEW ANY SORT OF PLANS FOR A LINEAR PARK. SO IF I MIGHT JUMP IN, BESIDES TALKING TO THE STAKEHOLDERS, INCLUDING EVERYTHING WHICH DIRECTOR LANCASTER MENTIONED, INCLUDING ALL THE UTILITY COMPANIES, THE THE BIG STEP THAT WE WOULD DO IS AN EXTENSIVE PUBLIC OUTREACH PROCESS.

AND YOU'VE HEARD MANY OF THE PUBLIC COMMENTS EMPHASIZE THAT THEY WANT TO BE INVOLVED IN A PROJECT. THAT'S THE FIRST BIG STEP IS TO TO HAVE THOSE NEIGHBORHOOD MEETINGS, TO HAVE COMMUNITY MEETINGS AND HEAR WHAT'S IMPORTANT TO THE COMMUNITY WHEN WE START A PROJECT OF THIS MAGNITUDE. SO, YEAH.

THANK YOU. AND COUNCIL MEMBER ALSO, JUST TO CLARIFY, THE LAND SWAP COMPONENT WAS EFFECTIVELY ABANDONED BACK.

AND I WANT TO SAY GARY WAS IT 2016? OK, YEAH, AND THIS THIS ABANDONMENT OCCURRED BY THE CITY COUNCIL.

GREAT, THANK YOU. THERE WERE A COUPLE OF OTHER QUESTIONS THAT CAME OUT OF CAME OUT OF SOME OF THE PUBLIC COMMENT, JUST THAT I DON'T KNOW A LOT OF THE HISTORY ABOUT.

AND THERE WAS A PROPOSAL FOR FOR A COMMUNITY OUTREACH THAT WAS TAKING TAKING A CERTAIN PERCENTAGE OF THE THREE POINT TWENTY FIVE MILLION IN THE CIP BUDGET THAT'S ALREADY SET ASIDE FOR THIS. WHAT'S THE FEASIBILITY OF DOING SOMETHING LIKE THAT? IS THAT? IS THAT FACT BASED? YEAH, WE DO HAVE A CIP PROJECT, THE REALIGNMENT OF CARLSBAD BOULEVARD FROM MANZANO DRIVE TO LA COSTA AVENUE, AND THAT PROJECT, THE BUDGET WAS ONE POINT SEVEN MILLION DOLLARS, BUT A MAJORITY OF THAT FUNDING HAS BEEN SPENT.

IT LOOKED LIKE THERE WAS ABOUT 250,000 DOLLARS REMAINING IN THAT.

SO I'M NOT SURE WHERE THAT THAT THREE MILLION DOLLAR FIGURE CAME FROM.

THERE ARE OTHER THERE'S ANOTHER PHASE TWO REALIGNMENT OF CARLSBAD BOULEVARD, BUT IT DOESN'T HAVE ANY FUNDING IN THAT PROJECT.

OK, THANK YOU, I'M GLAD I ASKED.

AND THEN ANOTHER QUESTION WAS ABOUT CHANGING OUR PARKS STANDARD.

WHAT'S THE PROCESS FOR DOING THAT? BECAUSE I KNOW THAT ONE OF THE COMMENTS WAS TALKING ABOUT THREE ACRES PER THOUSAND PEOPLE VERSUS OUR TWO NEIGHBORS TO THE NORTH AND SOUTH, OCEANSIDE AND ENCINITAS HAVING FIVE

[03:30:04]

WHAT'S THE PROCESS FOR CHANGING THE PARK STANDARD? IT WOULD REQUIRE A COUNCIL DIRECTION TO DO SO.

AGAIN, WE ARE OPERATING OFF OF THE 1986 GROWTH MANAGEMENT STANDARDS AND THE COMMUNITY FACILITIES IMPROVEMENT PLAN, WHICH IS THREE ACRES PER THOUSAND.

CERTAINLY THE COUNCIL HAS THE DISCRETION TO INCREASE THAT, BUT WE'VE NOT RECEIVED THAT DIRECTION TO DATE. JUST TO ALSO EXPAND ON THAT A LITTLE BIT.

ONE OF THE GOALS OF THE COUNCIL IS TO START LOOKING AT GROWTH MANAGEMENT PLAN AND UPDATING THAT AND FUNDING AND DIRECTION WAS GIVEN TO CREATE A CITIZEN'S COMMITTEE TO LOOK AT, YOU KNOW, WHAT THAT WOULD ENTAIL.

AND PART OF THAT IS GOING TO BE LOOKING AT THE DIFFERENT PUBLIC FACILITIES.

ALL OF THEM WOULD INCLUDE PARKS AND OPEN SPACE AND EVALUATING WHAT WHAT STANDARD WE SHOULD BE LOOKING AT. SO THAT'S BEING TASKED BY A COMMUNITY DEVELOPMENT TO WORK ON THAT AND IN THE COMING MONTHS WILL BE COMING BACK WITH A PLAN ON HOW THAT COMMITTEE CAN BE CREATED AND ESTABLISHED AND WHO WOULD BE MADE UP ON THAT COMMITTEE AND THEN AS WELL AS A PROBABLY A CONSULTING CONTRACT TO SOLICIT ASSISTANCE AND NOT ONLY IDENTIFYING KIND OF WHAT THE MECHANISM WOULD LOOK LIKE, BUT ALSO ASSIST IN THE PUBLIC ENGAGEMENT AND OUTREACH, BECAUSE IT'S GOING TO BE A REALLY ROBUST INVOLVEMENT WITH THE COMMUNITY AS TO ESTABLISHING THOSE THOSE STANDARDS OF WHAT THEY WOULD LIKE TO SEE IN THE UPDATED GROWTH MANAGEMENT PLAN. GREAT.

THANK YOU. IN FACT, THAT WAS GOING TO BE MY NEXT QUESTION ABOUT GROWTH MANAGEMENT 2.0.

AND DIDN'T WE ALREADY CONSIDER THAT A COUNCIL PRIORITY AND WOULD THIS BE PART OF THAT? SO THANK YOU FOR BRINGING THAT UP BEFORE I GOT THERE.

AND THEN ONE OTHER QUESTION BEFORE Y'ALL ASK YOUR QUESTIONS AND WE GO TO CLOSING COMMENTS, BUT IT WAS ABOUT THE OPEN SPACE COMMITTEE.

WHEN WHEN WAS THAT DISCONTINUED? SOMEBODY MENTIONED THAT WE NEED TO REINSTATE THE OPEN SPACE COMMITTEE.

I BELIEVE IT'S BEEN MEETING RELATIVELY REGULARLY AS A RESULT OF A SETTLEMENT AGREEMENT THAT WE ENTERED INTO. SO WE HAD INITIAL YEARS AND WE HAVE HAD SUBSEQUENT YEARS.

I DON'T KNOW THE EXACT DATES, BUT EVER SINCE OUR SETTLEMENT WITH NORTH COUNTY ADVOCATES, WE HAVE BEEN MEETING REGULARLY ON THE OPEN SPACE COMMITTEE, AND WE'VE ACTUALLY HAD A COUPLE OF ACQUISITIONS AS WELL.

MAYBE MR. BARBERIO COULD GIVE, BECAUSE I THINK WHAT WE'RE TALKING ABOUT, THE COMMITTEE THAT ONCE SERVED ON 20 YEARS AGO, BUT I DON'T REMEMBER WHEN IT SUNSETED, IF THAT'S THE ONE WE'RE TALKING ABOUT.

I APOLOGIZE. I DIDN'T RECOGNIZE THERE WAS A PRIOR ONE.

YEAH, I BELIEVE THE QUESTION WAS RELATING TO THE CITIZENS COMMITTEE THAT THE COUNCIL APPOINTED AFTER PROP C PASSED AND GAVE AUTHORITY FOR THE COUNCIL TO SPEND MORE THAN A MILLION DOLLARS ON OPEN SPACE, NATURAL OPEN SPACE ACQUISITION AND TRAIL CONNECTIVITY.

THEY DID THEIR WORK AND MADE THEIR REPORT TO THE CITY COUNCIL.

THAT DATE IS ACTUALLY PART OF YOUR STAFF REPORT.

2009, 2008, 2009.

YES, 2008 2009.

WHAT THE CITY ATTORNEY WAS REFERRING TO IS WE DO HAVE AN INTERNAL STAFF COMMITTEE THAT CONTINUES TO PURSUE THE RECOMMENDATIONS THAT WERE MADE BY THE SUBCOMMITTEE AS A RESULT OF THOSE RECOMMENDATIONS IN THE REPORT TO COUNCIL AND ALSO AS A RESULT OF A LAWSUIT SETTLEMENT THAT THE CITY ATTORNEY REFERRED TO.

AND SO WE'VE MADE A COUPLE OF PURCHASES.

AND IN THE RECENT PAST THAT WE RECENTLY REPORTED TO YOU IN THE REAL ESTATE STRATEGIC PLAN UPDATE [INAUDIBLE] CIRCLE PURCHASE AND THEN A PURCHASE ON A OK, GREAT, SO JUST TO CLARIFY, THE OPEN SPACE COMMITTEE WAS A CITIZEN'S COMMITTEE FOR PROP C THAT BASICALLY DETERMINED THE PRIORITY LIST FOR THE FUNDING.

THEY DID TWO THINGS. FIRST, IT WAS CITY COUNCIL APPOINTED.

SO WAS WAS A CITIZENS SUBCOMMITTEE APPOINTED BY THE COUNCIL.

AND THEY DID TWO THINGS.

THEY ESTABLISHED CRITERIA FOR EVALUATING SITES AND THEY PRODUCED A A LIST THAT WAS PRIORITIZED AND THAT ALL THAT WAS PRESENTED TO THE COUNCIL AND ACCEPTED.

AND WE STILL USE THAT CRITERIA IN EVALUATING OPEN SPACE PURCHASES.

AND WE STILL ARE PURSUING PROPERTIES THAT WERE IDENTIFIED BY THAT COMMITTEE, AGAIN, BASED ON WILLING SELLER.

AND THAT CAN CHANGE OVER TIME.

AND SO, YOU KNOW, OPPORTUNITIES HAVE COME OUR WAY SINCE THAT TIME.

OK, THANK YOU. THAT'S ALL MY QUESTIONS FOR NOW.

THANKS. DR.

BHAT-PATEL. SURE, THANK YOU.

JUST A COUPLE OF QUESTIONS WITH REGARDS TO HISTORICALLY ANY SORT OF ENGAGEMENT OR PUBLIC OUTREACH THAT'S BEEN DONE REGARDING WHETHER IT'S THE I KNOW WE HAD ASKED ABOUT THE LINEAR PARK ASPECT OF THINGS, BUT ALSO WITH REGARDS TO PONTO PARK, CAN YOU ALL PROVIDE ME WITH SOME OF THAT INFORMATION AS WELL? AND TO MY KNOWLEDGE, THERE'S NOT BEEN DIRECT PUBLIC ENGAGEMENT REGARDING THE PONTO

[03:35:04]

IS THAT SOMETHING, OF COURSE, AS YOU MENTIONED, WE MAY NOT HAVE NECESSARILY ASKED SPECIFICALLY AROUND PONTO PARK, BUT WITH REGARDS TO LIKE A LINEAR PARK OR ANYTHING RELATED TO THAT, SINCE IT WAS PREVIOUSLY A COUNCIL PRIORITY WHERE IF, IF AND WHEN IT WAS POTENTIALLY BROUGHT UP DURING ANY OF THESE SURVEYS, WHERE DID IT FALL ON THAT? IF YOU HAVE THAT ANSWER, THAT'S ONE OTHER QUESTION.

I DO NOT HAVE THAT ANSWER.

I THINK WE MAY HAVE REPRESENTATION FROM OUR COMMUNICATIONS TEAM, THEY MAY BE ABLE TO PROVIDE YOU WITH SOME DETAIL ON THAT.

AND AGAIN, MR. BARBERIO MIGHT BE ABLE TO REFERENCE PRIOR PUBLIC ENGAGEMENT THAT OCCURRED ON THE INITIAL REALIGNMENT ATTEMPTS.

OK. AND THEN, LET'S SEE HERE.

AND COUNCIL MEMBER BHAT-PATEL, I'M LOOKING AT OUR COMMUNICATIONS DIRECTOR WHO WAS SHAKING HER HEAD. SO I DON'T BELIEVE THAT WE HAVE ANY ANY DATA OR SURVEY DATA RELATED TO THE LINEAR PARK. GARY.

IS THAT ACCURATE? YES, IF I MIGHT KIND OF HAD TWO PARTS TO THAT OUTREACH, PUBLIC OUTREACH IN THE PONTO AREA, I THINK IT WAS MORE SPECIFIC TO PONTO PARK IDEA WAS WHERE YOUR QUESTION WAS COMING FROM AND THEN ABOUT THE LINEAR PARK.

WE HAVE NOT AS AS WAS ANSWERED, WE HAVE NOT DONE OUTREACH IN PONTO SPECIFICALLY TO A PONTO PARK. BUT THERE HAS BEEN A HISTORY OF EXTENSIVE OUTREACH AND PLANNING EFFORTS IN THE PONTO AREA, THERE'S A NUMBER THERE'S A MASTER PLAN THAT'S STILL VALID.

THERE'S A SPECIFIC PLAN THAT COVERS PART PART OF PONTO AREA.

WE ALSO DID EXTENSIVE OUTREACH FOR THE PONTO BEACHFRONT VISION PLAN THAT THE COUNCIL ADOPTED BUT WAS NOT ADOPTED BY THE COASTAL COMMISSION.

AND THEN WITH THE THE 2015 GENERAL PLAN EFFORT, A LOT OF EFFORT, PUBLIC OUTREACH WAS DONE. ALSO NOT SPECIFIC TO PONTO PARK.

NOW TO SPEAK TO THE LINEAR PARK.

YES, IT WAS AT ONE POINT A COUNCIL GOAL, AS GENTLEMEN HAVE ANSWERED QUESTIONS EARLIER, WE DIDN'T GET MUCH FURTHER THAN STAKEHOLDER OUTREACH AND PURSUING THE FIRST STRATEGY, WHICH WAS PARTNERING WITH THE STATE OF CALIFORNIA PARKS, PARKS AND RECREATION CONSIDERING A LAND SWAP. THE MAYOR MENTIONED THE MANZANO PROPERTY, WHICH IS KIND OF THE OPEN SPACE AREA THAT'S JUST SOUTH OF THE TERRAMAR NEIGHBORHOOD ON THE EAST SIDE OF THE BOULEVARD.

THAT LAND SWAP HAD A LOT OF COMPLICATIONS.

AND AS THE CITY MANAGER MENTIONED, THE COUNCIL DID GIVE US DIRECTION TO ABANDON THAT AND PURSUE A STRATEGY FOR CARLSBAD BOULEVARD WITHIN OUR RIGHT OF WAY FROM NORTHERN CITY TO SOUTHERN CITY LIMIT.

AND IT WAS, AGAIN, A COUNCIL GOAL FOR SEVERAL YEARS.

WE ENGAGED IN SOME PROJECT EFFORTS IN THAT AREA.

YOU'RE FAMILIAR WITH THE TERRAMAR PROJECT AND THE TAMARAC CARLSBAD BOULEVARD INTERSECTION PROJECT. THOSE WERE AS A RESULT OF THE COUNCIL GOALS.

AND THEN THE NEXT THE NEXT MAJOR UNDERTAKING WE WERE GOING TO DO WAS THE PROJECT THAT'S BEEN REFERRED TO FROM MANZANO SOUTH TO LA COSTA AVENUE, AND THAT IS A PROJECT IN OUR CIP WITH SOME FUNDING, BUT NOT ENOUGH TO REALLY ACCOMPLISH THE OUTREACH AND THE PLANNING EFFORT. BUT AS WE'VE TALKED ABOUT AT LENGTH HERE TONIGHT IN OUR PRESENTATION, THERE'S JUST GREAT OPPORTUNITY THERE WITH COMMUNITY INPUT, COUNCIL INPUT, PLANNING COMMISSION INPUT AND THE OTHER STAKEHOLDERS THAT HAVE BEEN MENTIONED, COASTAL COMMISSION, STATE PARKS. SO THERE HAS BEEN A LOT OF EARLY WORK DONE, BUT WE'VE NEVER GOTTEN TO TO, YOU KNOW, THE PROJECT BASED PUBLIC OUTREACH AND ENGAGEMENT THAT NEEDS TO HAPPEN.

OK, AND ONE LAST QUESTION, WHILE YOU WERE TALKING, I WAS THINKING ABOUT THIS IS, IS THERE ANY OTHER PROPERTY OWNED BY THE CITY THAT CAN BE LOOKED AT BESIDES THE LINEAR PARK AND PONTO? AND THIS WOULD ONLY BE LIKE, YOU KNOW, I'M NOT SAYING LOOKING AT IT RIGHT NOW, BUT

[03:40:03]

SO. I MEAN, THE ONLY ONE THAT I WOULD SAY THAT THAT IS CITY OWNED IS SITES 10 AND 11, WHICH IS THE CARLSBAD MUNICIPAL WATER DISTRICT SITE.

HOWEVER, AGAIN, THEY DID HAVE SOME PLANS TO EXPAND THEIR [INAUDIBLE] I'M SORRY, THE RECYCLING CENTER OR OPERATIONS.

BUT THERE WAS A NUMBER, A LARGE AREA THAT WASN'T AVAILABLE.

THEY DIDN'T HAVE ANY IMMEDIATE PLANS FOR.

YES. IF I COULD ELABORATE ON THAT, KNOWING A LITTLE MORE OF THE HISTORY THERE.

SO IT'S ACTUALLY OWNED BY THE CITY.

IT WAS PURCHASED FROM [INAUDIBLE].

AND THERE ARE RESTRICTIONS ON THAT PROPERTY THAT WE CAN.

AND THIS PROPERTY IS ABOUT FIVE ACRES OR SO.

AND IT'S ADJACENT OR YES, ADJACENT, JUST SOUTH OF THE WATER RECYCLING FACILITY.

IT WAS PURCHASED AT THE SAME TIME AS THE LAND THE WATER RECYCLING FACILITY WAS IS ON AND AS WELL AS THE EXPANSION AREA FOR WATER RECYCLING.

WE DON'T HAVE ANY IMMEDIATE PLANS OR EVEN FUTURE PLANS TO EXPAND INTO THAT AREA.

BUT THE RESTRICTION THAT CAME WITH BUYING THAT LAND FROM [INAUDIBLE] WAS THAT WE CAN ONLY USE IT FOR WATER TREATMENT USES UNLESS AN ALTERNATIVE USE IS APPROVED BY THE [INAUDIBLE] BOARD. SO WHILE THAT IS KIND OF VACANT AND UNPLANNED AT THIS POINT IN TIME, IT DOES COME WITH THAT LAND USE RESTRICTION.

SO IF WE WANTED TO PURSUE PARK USE THERE, WE WOULD NEED TO GO TO THE [INAUDIBLE] BOARD AND GET THEIR APPROVAL.

AND THAT MAY OR MAY NOT BE POSSIBLE.

GREAT. THANK YOU. COMMISSIONER BLACKBURN.

THE ONLY QUESTION I HAVE AT THIS TIME, DID WE RECEIVE A LETTER FROM THE PROPERTY OWNER AND COULD YOU PLEASE HELP US WHAT THAT IS SAID IN THAT LETTER IF WE COULD? YES SIR, YES.

THE CITY OF CARLSBAD DID RECEIVE A LETTER DATED JULY 12TH, AND IT WAS SENT VIA EMAIL TO ALL THE COUNCIL MEMBERS, AS WELL AS THE CITY ATTORNEY AND CITY CLERK, AS WELL AS UNFORTUNATELY HCD. AND I'M GOING TO I'M GOING TO READ THIS INTO THE RECORD, BECAUSE I DO THINK THAT IT SPEAKS VOLUMES.

AND THIS IS IN PERTINENT PART.

IT SAYS, AS INDICATED IN OUR PREVIOUS TESTIMONY AND CORRESPONDENCE TO THE CITY COUNCIL, THE PONTO PROPERTY IS NOT FOR SALE AS A PARK OR OPEN SPACE.

AND THE CITY CANNOT LEGALLY USE EMINENT DOMAIN TO TAKE THE PROPERTY FOR SUCH PURPOSES OVER THE LANDOWNER'S OBJECTIONS.

FURTHER AND AGAIN, IT'S A TWO PAGE LETTER, BUT IT CONCLUDES WITH WITH EACH CITY COUNCIL MEETING AT WHICH THE PONTO PROPERTY IS DISCUSSED, IT BECOMES MORE APPARENT THAT THE CITY IS MISUSING ITS LAND USE AUTHORITY AS A PRETEXT TO UNDERMINE RESIDENTIAL DEVELOPMENT OF THE PROPERTY FOR MODERATE AND LOW INCOME HOMES CLOSER TO THE BEACH AND OPPONENTS HOMES BECAUSE THERE IS NO LEGITIMATE PLANNING PURPOSE SERVED FOR CONTINUING TO TARGET THE PONTO PROPERTY IN THIS MANNER.

WE REITERATE OUR REQUEST TO THE CITY TO REMOVE THE PONTO PROPERTY FROM FURTHER CONSIDERATION FOR PUBLIC PARK AND OPEN SPACE PURPOSES.

AND AGAIN, THIS WAS SENT TO ALL COUNCIL MEMBERS, THE CITY ATTORNEY, AS WELL AS HCD AND MYSELF. OK, FINAL COMMENTS, I THINK I'D LIKE TO START TONIGHT, IF I COULD, SO I WANT TO TAKE US BACK TO ABOUT 1985 AND WHEN WE TALK ABOUT GROWTH MANAGEMENT AND COMMUNITY INPUT AND CONVERSATIONS THAT HAVE TAKEN PLACE IN THE CITY, AND THERE IS A COMMENT MADE ABOUT FORMER COUNCILS AND THEY MIGHT NOT HAVE HAD THE FORESIGHT OR SO ON.

AND AND THAT'S PROBABLY TRUE THAT WE COULDN'T IMAGINE WHAT 30 YEARS UP THE ROAD WOULD LOOK LIKE. BUT I WILL ASSURE YOU FROM 2005, WHEN WE HAD THE COMMITTEE TO STUDY GROWTH, THERE WAS AND THAT WENT ON FOR A YEAR.

THERE WAS A TREMENDOUS AMOUNT OF COMMUNITY INPUT INTO THE FORMATION OF GROWTH MANAGEMENT DOWN TO THE DETAIL.

AND WE TALKED A LITTLE BIT TONIGHT ABOUT PARK ACREAGE, WHETHER IT'S THREE ACRES OR FIVE ACRES. KEEP IN MIND, THOSE STANDARDS WERE SET ON OR ABOUT 1986 AND FULLY ADOPTED IN 1994.

NOT ONLY WERE THEY ADOPTED, BUT THERE IS ALSO A FACILITIES PLAN STATING HOW WE WOULD PAY FOR THEM AND THE CITY WAS NOT GOING TO PAY FOR THEM.

[03:45:01]

SO WE HAD THE VOTE 1986 TO CAP TO CAP THE GROWTH, WE SPENT FROM ABOUT 1986, 1987 AND ACTUALLY SHUT THE CITY DOWN, HAD A GROWTH MORATORIUM WHERE WE WENT THROUGH AND STUDIED THIS WHOLE COMMUNITY EVERY ACRE AND GAVE IT A DESIGNATION.

AND BELIEVE ME, THERE WAS A LOT OF INPUT IN THAT PERIOD OF TIME TO WHEN WE GOT TO 1994 AND WE ADOPTED ALL OF THIS.

AND I APPRECIATE, LANCE, HE WAS PART OF THE STAFF.

HE WAS PART OF WHAT CREATED THIS PLAN IN 1994.

WE REALIZED IN THIS SPECIFIC AREA, ALONG WITH OTHER AREAS IN THE CITY, THAT SOME OF OUR STANDARDS COULD NOT BE MET, I.E.

OUR PARK REQUIREMENT.

SO THAT IS WHY AT THAT TIME, WE AS A COMMUNITY, NOT THE COUNCIL, WE AS A COMMUNITY PICKED ON VETERAN'S PARK TO IF THERE WAS A SHORTAGE BECAUSE SOME OF THE LAND HAD ALREADY BEEN DEVELOPED, WE COULDN'T GO BACKWARDS IN ORDER TO CREATE MORE PARKLAND WHERE LAND WAS ALREADY DEVELOPED AND OR IF SOMEBODY WAS IN PROCESS.

AS WE WERE GOING INTO THIS, THEY WERE ALLOWED TO GO UNDER AN ORIGINAL STANDARD, WHICH DID NOT MEET NECESSARILY OUR GROWTH MANAGEMENT STANDARDS.

BUT THOSE STANDARDS WERE ADOPTED WITH FULL PUBLIC REVIEW IN 1994.

IF WE FAST TRACK UP TO WHEN WE DID THE PONTO MASTER PLAN AND SOMEBODY CAN CORRECT THE YEARS, BUT IT WAS PROBABLY SOMEWHERE AROUND 2004 TO 2007, WE LOOKED AT THE WHOLE PONTO AREA THAT WAS YET TO BE PLANNED.

AND THE TRIGGER ON THAT WAS THE HILTON HOTEL DOWN THERE.

WE ACTUALLY HELD THEM OFF FOR THE BETTER PART OF THREE YEARS AS WE WENT IN AND MASTER PLAN THAT WHOLE AREA.

THERE WAS UNBELIEVABLE PUBLIC INPUT DURING THAT PERIOD OF TIME OF WHAT SHOULD BE CREATED IN THAT AREA.

IT WENT THROUGH ALL THE PROPER HEARINGS, WENT ALL THE WAY TO THE COASTAL COMMISSION AND THE COASTAL COMMISSION DID NOT ADOPT IT BECAUSE WE DID NOT HAVE AN APPLICANT.

WE WERE TRYING TO SET THE VISION, SET THE COURSE FOR THAT AREA.

BUT IT WASN'T THAT THE COMMUNITY DIDN'T HAVE INPUT.

I WILL ASSURE YOU THEY HAD TREMENDOUS INPUT TO THAT.

OUT OF THAT, WE REALIZED ON OR ABOUT THAT TIME THE PARKS BECAME A QUESTION IN THAT AREA.

THAT'S WHY I SAY AROUND 2006, 7 WE STARTED TALKING ABOUT A LINEAR PARK.

WE ACTUALLY WENT AND STARTED WORKING WITH THE STATE OF CALIFORNIA, TRYING TO TRYING TO FIGURE OUT THE LAND AND SO ON AND SO FORTH.

WE ACTUALLY EVEN LOOKED AT DIFFERENT ALIGNMENTS.

AND OUT OF THAT, AS PROPERTY STARTED TO DEVELOP, IF YOU NOTICE, THE COASTAL HIGHWAY JOGS TO THE LEFT. IN THE AREA WHERE IT'S BEEN AND IT'S A NEW SET OF HIGHWAY, THERE'S ACTUALLY AN ABANDONED ROADWAY NEXT TO THE THE STATE PARK.

WELL, THAT'S HOW WE STARTED TO APPLY THOSE STANDARDS AND MAKE DEVELOPERS PAY FOR THE FOR THE NEW ROAD RIGHT OF WAY AS THEY DEVELOPED ALL THAT LAND THROUGH POINSETTIA PROPERTIES.

SO THIS ISN'T SOMETHING THAT WE HAVE JUST STARTED TO STUMBLE ACROSS.

THIS HAS BEEN IN THE CONVERSATION FOR THE BETTER PART OF 15 PLUS YEARS.

IN 2010, WE STARTED TO DO THE GENERAL PLAN UPDATE, AGAIN.

A 30 MEMBER COMMITTEE SPENT FIVE YEARS AND PROBABLY THE BETTER PART OF THREE AND A HALF, FOUR MILLION DOLLARS STUDYING THE COMMUNITY, I.E.

THIS PART OF THE COMMUNITY.

ALSO, IF WE REMEMBER WHEN WE WERE OUT AT THE FARADAY BUILDING ON A SATURDAY IN A JOINT MEETING WITH OUR PLANNING COMMISSION AND THE PUBLIC, AND THERE WAS PROBABLY A HUNDRED PEOPLE PLUS AT THAT MEETING TO SPEAK.

THE PRESIDENT OF THE HOA AT THAT TIME STOOD UP AND THERE WAS A DEBATE BECAUSE ONE OF THE DEVELOPERS WANTED TO INCREASE DENSITY IN THE PONTO AREA AND THE PRESIDENT STOOD UP AND SAY, WE WILL NOT SUPPORT ANYTHING OVER THE 23 UNITS TO THE ACRE.

I DON'T REMEMBER AT THAT TIME ANY CONVERSATION ABOUT THIS PIECE OF PROPERTY BEING A FUTURE PARKS. AND WE'RE NOW AT 2015.

REALLY WHAT THIS BOILS DOWN TO AND IF WE'RE HONEST WITH ONE ANOTHER, IT'S MORE ABOUT THE DEVELOPMENT OF THAT LAND VERSUS PARKS, BECAUSE WE REALIZE THAT THERE IS ABOUT 130 PLUS ACRES ALONG THE COASTLINE, YOU SAID TO TWO POINT SEVEN MILES.

I THOUGHT IT WAS ACTUALLY LONGER THAN THAT, THAT WE COULD, AS MR. BRIGGS SAID, THAT WE COULD CREATE A LINEAR PARK SECOND TO NOWHERE IN THE STATE OF

[03:50:06]

NO ONE HAS A TWO POINT SEVEN MILE LINEAR PARK.

SO WHEN WE GET DOWN DOWN TO THE SPECIFICS OF THIS, WE'RE IN AN EXTREMELY COMPLICATED SITUATION. WE'VE ONLY TALKED ABOUT LAND COSTS.

WE HAVEN'T TALKED ABOUT THE DENSITY COST TO MOVE THE DENSITY.

WE HAVEN'T TALKED ABOUT WHAT IT COST TO BUILD A 10 OR 11 ACRE PARK.

SO THAT'S PLUS, PLUS, PLUS.

YES. AND SOMEBODY QUOTED ME AS SAYING THERE WAS ABOUT 75 MILLION DOLLARS AND I COULD BE CORRECTED ON THAT NUMBERS, WHAT IT WOULD COST TO PAY FOR ALL THE REALIGNMENT AND THE IMPROVEMENTS OF WHATEVER THE COMMUNITY THINKS THAT THEY WOULD LIKE TO SEE IN A IN A LINEAR PARK. MR. BRIGGS SEVERAL YEARS AGO WENT THROUGH THE STATE OF CALIFORNIA AND PRESENTED THIS COUNCIL WITH A VIDEO OF DIFFERENT AREAS THAT HAD UNBELIEVABLE, YOU KNOW, LANDSCAPES OF THE SHORELINE AND WHAT OTHER CITIES WERE ABLE TO DO AS A LINEAR PARK.

AND WE REALLY IF I DON'T KNOW IF YOU STILL HAVE THAT MOVIE, THAT VIDEO, MR. BRIGGS. BUT I STILL REMEMBER TO THIS DAY AND WE EVEN TALKED ABOUT PERHAPS DOING DIFFERENT THEMES ALONG THE LINEAR PARK IN.

SO ALL THIS CONVERSATION HAS BEEN GOING ON FOR MANY, MANY YEARS.

SO TODAY WE REALLY NEED TO BE HONEST WITH OURSELVES.

WHAT IS THE GREATER GOOD FOR ALL CONCERNED AS FAR AS OUR COASTLINE? AND SO I THINK TONIGHT IT WOULD BE DIFFERENT IF PEOPLE WERE WILLING TO MOVE FORWARD ON SOME OF THIS STUFF. BUT THEY ARE NOT.

THEY'VE MADE THAT CRYSTAL CLEAR.

YOU KNOW, BY THE WAY, JUST ON THE PONTO SITUATION, WE'VE HAD A CONVERSATION ON JULY 15TH, 2014, JULY 24TH, 2018, JANUARY 26, 2021, AND THEN TONIGHT.

SO WE HAVE ON TOP OF EVERYTHING ELSE AGAIN, REACHED OUT TO THE COMMUNITY.

SO CONVERSATION HAS NOT JUST BEEN COUNCIL ORIENTATED, IT'S ALWAYS BEEN COMMUNITY ORIENTATED. SO I WOULD LIKE TO SAY THAT I THINK THE PATH FORWARD I'VE HAD THIS CONVERSATION WITH MANY PEOPLE IN THE COMMUNITY.

I UNDERSTAND THERE WERE SOME THINGS THAT WE DIDN'T THINK ABOUT IN 1994, I.E.

THE TRENCHING OF THE TRACKS, THE LINEAR PARK, AND THERE PROBABLY WHO KNOWS WHAT OTHER THINGS THAT THE COMMUNITY MIGHT LIKE TO SEE.

SO FOUR YEARS AGO, I DURING A GOAL SETTING OH, LET ME GO BACK.

I MISSED A POINT.

DURING GOAL SETTING.

EVERY YEAR WE WOULD HAVE GOAL SETTING, WITHOUT A DOUBT, AND STARTING AROUND 2006 OR 7.

PART OF GOAL SETTING IS COMMUNITY INPUT.

THEY'RE PART OF THE GOAL SETTING PROCESS.

SO IT WAS, AGAIN, THE COMMUNITY IN MULTIPLE YEARS HAVING CONVERSATIONS ABOUT THE PRIORITY OF THIS BEING IN THE TOP THREE GOALS OF THE CITY.

THAT, TOO, HAD COMMUNITY INPUT.

SO I THINK TONIGHT, OBVIOUSLY, THIS IS A CONVERSATION.

IT'S A BIG DOLLAR CONVERSATION.

TRENCHING OF THE TRACKS IS A BIG CONVERSATION.

IF WE WANT MORE PARKLAND, THAT'S A CONVERSATION.

BUT ONCE AGAIN, IT'S TIME REALLY FOR US TO SAY, LET'S SAY TIME OUT, LET'S GO BACK TO THE COMMUNITY AND NOW LISTEN TO NOT ONLY WHAT IS A SPECIFIC GROUP IS ASKING FOR, BUT LET'S HEAR WHAT ALL THE COMMUNITY WOULD LIKE TO SEE IN A 2050 PLAN.

AND ALL OF US COME TOGETHER AS A COMMUNITY TO HAVE THAT CONVERSATION, UNDERSTANDING AT THE END OF THE DAY, IT'S GOING TO HAVE TO BE FOR THE GREATER GOOD OF COMMUNITY, I.E., SOMEBODY IS GOING TO HAVE TO PAY FOR IT.

WHAT IS THAT FORMULA? SO THOSE ARE MY THOUGHTS.

MR. BLACKBURN.

SURE, THANK YOU.

YEAH, I MEAN, I THINK THERE'S A, OF COURSE, MANY DIFFERENT OPPORTUNITIES THAT WERE PRESENTED HERE TONIGHT AND DEFINITELY CURIOUS TO HEAR WHAT THE DISTRICT REPRESENTATIVE HAS TO SAY AS WELL.

BUT, YOU KNOW, JUST JUST LOOKING AT THE DIFFERENT OPTIONS.

AND OF COURSE, FOR ME, YOU KNOW, COMMUNITY INPUT, IT SOUNDS LIKE.

AND YOU'VE PROVIDED A GREAT OVERVIEW, MAYOR.

AND I KNOW OUR TEAM HERE HAS PROVIDED A GREAT OVERVIEW IN TERMS OF, YOU KNOW, WHAT KIND OF OUTREACH WE'VE DONE WHERE WE'VE BEEN WORKING.

AND THEN, OF COURSE, THE CONCERN THAT'S BEEN BROUGHT UP THAT THERE ISN'T NECESSARILY THAT SPACE FOR FOLKS TO ENJOY.

AND, OF COURSE, TRYING TO FIGURE OUT WHAT MAKES THE MOST SENSE WITHIN OUR LEGAL JURISDICTION IN TERMS OF MOVING FORWARD BASED ON WHAT WAS PRESENTED WITH REGARDS TO THE PROPERTY OWNER AND THEN BASED ON WHAT WE CAN ACTUALLY DO AS A CITY COUNCIL.

AND SO TO ME, YOU KNOW, HAVING THOSE OPTIONS THAT YOU ALL HAVE PROVIDED ARE A GREAT

[03:55:08]

I DO THINK THE OTHER THING THAT I KNOW I ASKED ABOUT ARE THERE OTHER OPTIONS AVAILABLE? AND FROM WHAT IT SOUNDS LIKE, POTENTIALLY NOT.

BUT WHAT I WOULD BE INTERESTED IN IS DURING THAT CONVERSATION, SEEING IF THERE ARE OTHER OPTIONS AVAILABLE, JUST BESIDES, YOU KNOW, AND POTENTIALLY IT'S IN ADDITION TO A LINEAR PARK, IF THAT'S WHAT EVERYONE WANTS.

BUT JUST, YOU KNOW, THOSE ARE THOSE ARE SOME OF MY THOUGHTS AROUND, YOU KNOW, WHAT WE'VE HEARD, OBVIOUSLY WHAT WE'VE HEARD OVER THE COURSE OF THE PAST FEW YEARS AND THEN IN CONJUNCTION WITH, YOU KNOW, WHAT WE'VE RECEIVED FROM THE PROPERTY OWNER AND THEN, OF COURSE, WHERE WE'RE AT WITH STATE LAW AND HCD.

SO THAT'S DEFINITELY AS A SOUTHWEST QUADRANT RESIDENT, I DO FEEL THERE IS A NEED.

I HAVE TO SAY THAT I'VE TALKED TO FOLKS ABOUT THIS OVER THE YEARS AS SOMEONE WHO GREW UP THERE AND WALKS THAT SPACE A LOT.

AND I KNOW THAT THERE IS A NEED.

AND SO I DO THINK THAT, YOU KNOW, THINKING OF IT FROM THAT PERSPECTIVE, I AM VERY EXCITED ABOUT A POTENTIAL OF SOMETHING THAT WILL BRING CONNECTIVITY TO THAT ENTIRE REGION, BECAUSE I FEEL THAT I WOULD LIKE TO BE ABLE TO BRING MY KID DOWN THAT WAY AND HAVE THE OPPORTUNITY TO WALK, WALK THE COAST IN A MANNER THAT IS ENJOYABLE, ACCESSIBLE, AND ALSO PROVIDES RECREATION NOT ONLY FOR OUR RESIDENTS, BUT ALSO FOR THOSE THAT ARE VISITING.

SO DEFINITELY I DO WANT TO SAY THAT IT'S A VERY DIFFICULT DECISION.

AGAIN, I'M GOING TO HEAR WHAT MY FELLOW COLLEAGUE HAS TO SAY, ESPECIALLY GIVEN THAT SHE IS REPRESENTING THAT DISTRICT.

BUT THAT'S THOSE ARE MY THOUGHTS AS OF NOW.

THANKS. THANK YOU.

I ASSUME YOU'RE ABOUT TO CALL ME MAYOR.

I LISTEN TO A LOT OF A LOT OF INTERESTING PHRASES FROM THE COMMUNITY, PEOPLE ASKING FOR AN EMERALD NECKLACE FOR A, YOU KNOW, A GEM FOR CARLSBAD ALREADY AS THIS AMAZING PLACE TO HAVE, WORLD CLASS.

I THINK THAT WAS EVEN SOMEWHERE IN THE STAFF REPORT IN A WORLD CLASS PARKS AND AND SPACES. I ALSO HEARD WORDS LIKE CONNECTIVITY.

AND AND I PREVIOUSLY HAD WRITTEN DOWN SIGNATURE SPACE, SIGNATURE PARK.

IN PREVIOUS MEETINGS, I REMEMBER HEARING PEOPLE SAY WE WANT A PLACE WHERE PEOPLE CAN HAVE A WEDDING OR CELEBRATE A BIG EVENT, YOU KNOW, A PARK SPACE THAT IS JUST PHENOMENAL WHERE YOU HAVE THIS VIEW OF THE OCEAN, WHERE IT'S YOU CAN PLAY, YOU CAN CELEBRATE, YOU CAN ENJOY YOUR COMMUNITY.

AND I THINK THAT ALL OF THOSE IDEAS, THAT VISION OF OUR LOVE FOR THE COMMUNITY, FOR CARLSBAD ARE WHAT WE'RE REALLY TRYING TO GET TO HERE.

AND AND I THINK THAT THE THE FOCUS HAS BEEN ON THIS PROPERTY BECAUSE IT'S VACANT.

AND I THINK THERE'S BEEN A FOCUS ON ON THIS THIS PONTO PROPERTY FOR FOR A WHILE.

THE FACT THAT WE HAVE AN UNWILLING SELLER WHO IS SENDING, YOU KNOW, LETTERS DEFENDING THEIR LEGAL RIGHTS AND THAT WE WE PUT OURSELVES IN JEOPARDY BY PURSUING THAT PROPERTY IS SOMETHING TO CONSIDER. IT'S SOMETHING TO TO BE CONCERNED ABOUT.

AND AND I THINK IT'S IMPORTANT THAT WE LOOK AT ALTERNATIVES.

THAT'S WHY I WAS VERY HAPPY TO LEARN A LOT MORE ABOUT THE REALIGNMENT.

BUT I THINK THAT THE COMMUNITY HAS HAD MAYBE FITS AND STARTS IN THIS CONVERSATION.

THEY THEY'VE NOT CONSISTENTLY BEEN INVOLVED.

AND AND IT DOES TAKE A CONCERTED EFFORT FROM THE CITY TO MAINTAIN THAT DIALOG.

AND THEN ONCE WE HAVE A PROJECT IDENTIFIED AS A PRIORITY, AS THE MAYOR SAID, AND IT'S ON THE PRIORITY LIST, THEN NOT TO LET IT FALL OFF THE PRIORITY LIST.

IN FACT, THAT'S SOMETHING WE'VE BEEN TALKING ABOUT FOR A LONG TIME IN DISTRICT FOUR IN LA COSTA WHERE PROJECTS THAT WERE ON THE LIST, SOMEHOW FELL TO LOWER RANKING PRIORITIES AND THEN DRIFTED OFF THE LIST.

AND ALL OF A SUDDEN, ALL OF A SUDDEN, THERE'S NO MORE FUNDING AVAILABLE.

SO IF THIS IS A PRIORITY FOR OUR COMMUNITY, WE NEED TO ENGAGE THE COMMUNITY.

WE NEED TO KEEP IT ON THE PRIORITY LIST.

WE NEED TO STAY FOCUSED AND GET IT DONE AND BE EFFICIENT ABOUT IT, BECAUSE THE LONGER WE DRAG THINGS OUT, I ALWAYS SAY THIS TO THE LONGER WE DRAG IT OUT, THE MORE EXPENSIVE IT BECOMES, YOU KNOW, JUST THE COSTS PILE UP AND THEN ALL OF A SUDDEN IT'S NO LONGER FEASIBLE. SO IN LISTENING TO THE CONVERSATIONS, I EVEN WROTE DOWN ONE OF THE QUOTES, COMMUNITY MEETINGS TO PRESERVE AND PROTECT OUR COASTLINE.

I THOUGHT THAT WAS GREAT BECAUSE IT WAS BEYOND JUST LOOKING AT A VERY SMALL AREA, BUT A

[04:00:06]

AND HAVING MORE PEOPLE IN CARLSBAD REALLY PARTICIPATE IN THIS BEYOND MY DISTRICT, NORTH OF POINSETTIA AS WELL.

I THINK THAT'S REALLY IMPORTANT.

BUT BUT THEN AGAIN, WE'VE GOT THOUSANDS OF COMMENTS, 600 TONIGHT.

I THINK PEOPLE FOR PONTO SAID THAT HAVE JUST COME IN FROM THAT AREA.

SO WE WANT TO MAKE SURE THAT OUR STAKEHOLDERS ARE ENGAGED.

SO WHAT I'M WHAT I'M HEADED TOWARDS IS, IS A RECOMMENDATION AND A MOTION THAT WE WE IMMEDIATELY START OUTREACH IN THIS AREA ABOUT COASTLINE PROPERTIES THAT CAN BE DEVELOPED INTO A PARK AND THAT IN PARTICULAR RESTARTING THIS REALIGNMENT CONCEPT.

YOU KNOW, WE'VE GOT IT HERE.

WE HAVE WE'VE GOT TO START.

BUT HOW CAN WE REENGAGE WITH THE COMMUNITY, REENGAGE WITH ALL OF THE STAKEHOLDERS? THAT'S WHY I ASK THAT QUESTION ABOUT WHO THE STAKEHOLDERS ARE, IDENTIFYING THEM, MAKING SURE THAT WE'RE BACK ON TRACK, WE'RE DIFFERENT NOW.

THINGS HAVE CHANGED. THE LAST TIME WE HAD A BIG CONVERSATION ABOUT THIS, I KNOW WE HAD ONE IN JANUARY THAT I WAS PART OF THAT THAT BROUGHT THIS HERE TODAY.

BUT THINGS HAVE CHANGED AND THINGS ARE STILL CHANGING RAPIDLY.

WE GOT TO STAY ON IT, KEEP ON THE BALL.

I KNOW WE'VE GOT THE STRATEGIC PLANNING SESSION LATER, LATER THIS YEAR.

AND WE'LL BE TALKING MORE ABOUT WHAT OUR STRATEGIC PLAN IS FOR THE FOR THE NEXT SEVERAL YEARS. BUT BUT I WOULD LIKE TO MAKE A MOTION THAT WE IMMEDIATELY ENGAGE IN COMMUNITY OUTREACH TO PRESERVE AND PROTECT OUR COASTLINE AND AND BY THAT SPECIFICALLY FOCUS ON THIS REALIGNMENT PROJECT AND HOW WE CAN START IT BACK UP AGAIN.

SO I'LL SECOND FOR PURPOSES OF DISCUSSION REALLY BRIEFLY, SO AND MAYOR MAY I GO AHEAD? OK, GREAT. SO FOR THE STRATEGIC PLANNING, CAN YOU GIVE ME THE TIMELINE AS TO WHEN WE ARE STARTING THAT CONVERSATION? THAT'S A VERY DIFFICULT DISCUSSION TO HAVE AS THIS IS NOT NOTICED UNDER THIS AGENDA TOPIC. AND THAT'S WE IT IS OUR INTENT TO BRING THIS BEFORE CITY COUNCIL AND THIS WOULD BE KIND OF A THREE PRONGED APPROACH OF AND THE REQUEST ISN'T TO HAVE A DISCUSSION ABOUT STRATEGIC PLANNING, BUT IT IS TO FOLLOW THROUGH ON COUNCIL COUNCIL'S DIRECTION, REALLY, OF MAKING SURE THAT WE HAVE A FULL COUNCIL TO BEGIN MOVING FORWARD WITH OUR STRATEGIC PLANNING EFFORTS.

SO PREVIOUSLY, THE DISCUSSION HAD BEEN HELD UP BECAUSE WE DID NOT HAVE A FULL COUNCIL.

WE DO NOT HAVE A FULL COUNCIL AT THIS TIME.

AGAIN, WE WILL BE HAVING THAT DISCUSSION AT NEXT WEEK'S CITY COUNCIL MEETING.

SO I'M I'M HESITANT TO HAVE ANY DISCUSSIONS.

THE INTENT, THE ORIGINAL INTENT HAD BEEN TO HAVE THAT DISCUSSION IN THE FALL.

SO IT WAS PROBABLY GOING TO BE AROUND NOVEMBER TIME FRAME.

OK, SO BASICALLY STRATEGIC PLANNING WOULDN'T BEGIN IN THE NEXT FEW MONTHS.

IT WOULD BE POTENTIALLY NOVEMBER EARLIEST TIMEFRAME.

AND THAT'S ALL WE CAN TALK ABOUT.

YEAH, WHATEVER WHATEVER COUNCIL ULTIMATELY DECIDES ON WHETHER WE POSTPONE UNTIL WE HAVE A FULL COUNCIL OR IF COUNCIL WOULD LIKE TO MOVE FORWARD.

OK, AND THEN THIS MIGHT BE MORE OF A QUESTION FOR MY COLLEAGUE WITH REGARDS TO THE OUTREACH THAT WE'RE TALKING ABOUT.

I'M ASSUMING IT'S WITH, YOU KNOW, SOME OF THE THINGS THAT WE HAD MENTIONED IN OUR QUESTIONS, WHICH WERE, YOU KNOW, WHAT KIND OF OUTREACH HAS BEEN DONE AROUND LINEAR PARKS OR JUST JUST PARK SPACE IN THAT PARTICULAR AREA AND OBVIOUSLY INVOLVING ALL STAKEHOLDERS.

IS THAT ACCURATE? YES.

AND AND MAYBE THE MOTION NEEDS TO BE REWARDED SO THAT WE ASK STAFF TO COME BACK TO US WITH. I'M LEARNING AS I GO, WITH A WITH AN OUTREACH PLAN THAT MAY INCLUDE WEB SURVEYS, AS YOU PREVIOUSLY MENTIONED, AND ALSO STAKEHOLDER MEETINGS AND VARIOUS TOOLS TO ENGAGE THE COMMUNITY. OK, WOULD YOU BE.

AND I UNDERSTAND THE URGENCY OF WANTING TO DO IT, BUT AT THE SAME TIME, I'M COGNIZANT OF THE FACT THAT WE ARE AND BELIEVE ME, I KNOW THIS HAS BEEN A VERY LONG CONVERSATION, SO I'M TRYING TO, YOU KNOW, FIND THE WAY THAT WE CAN DO IT IN A WAY THAT'S GOING TO MITIGATE COST, BUT ALSO MAKE SURE THAT OUR OUR STAFF AND OUR COMMUNITY CAN PARTICIPATE IN A WAY THAT'S THE MOST, YOU KNOW, EFFICIENT BUT ALSO TRANSPARENT.

SINCE OUR STRATEGIC PLANNING HASN'T BEEN SLOTTED, I GUESS.

[04:05:01]

THE TRENCHING IS A BIG NUMBER, SO WHEN WE'RE THINKING VISION, THIS ISN'T GOING TO HAPPEN IN TWO MONTHS, THREE MONTHS, ANY TIME WE'VE DONE A VISIONING PROCESS IN THE COMMUNITY, IT'S USUALLY BEEN THE STEADY GROWTH WAS A YEAR THAT WAS ROCKET SPEED.

WHEN WE DID THE GENERAL PLAN UPDATE, WHICH WAS A 30 MEMBER COMMITTEE, WAS FIVE YEARS.

I THINK WE CAN DO IT IN LESS THAN FIVE YEARS BECAUSE WE HAVE A LOT OF HISTORY.

BUT I WOULD NOT WANT TO BE STARTING TO GIVE PRIORITY TO ONE VISION OVER ANOTHER VISION.

I UNDERSTAND HOW IMPORTANT THIS IS.

I'VE BEEN SAYING THE VISION PROCESS FOR FOUR YEARS NOW IS THE BEST WAY TO ADDRESS THIS, BUT NOT AS AN INDIVIDUAL, JUST THE THE COASTLINE, BUT TO LOOK AT ALL THE DREAMS OF OUR COMMUNITY AND HAVE A CONVERSATION.

AND AGAIN, ONCE YOU START TO PUT NUMBERS TO THOSE, YOU ALSO HAVE TO THINK OF THE FINANCING PLAN THAT GOES TOWARDS ALL OF THESE AND HOW WE AS A COMMUNITY EXPECT TO PAY FOR THEM. SO I UNDERSTAND AND I APPRECIATE THE HURRY, BUT I THINK WE SHOULD MAKE SURE THAT WE INCORPORATE EVERYTHING WE WANT TO SEE IN THE 2050 PLAN.

SO WE SEE A GROSS NUMBER VERSUS A SINGLE NUMBER, IF THAT MAKES SENSE TO YOU.

I JUST WANT TO REMIND THE COUNCIL THAT YOU'RE ALSO AMBITIOUS, THAT YOU'RE FAR EXCEEDING THE SCOPE OF OUR AGENDA ITEM, THE AGENDA ITEM IS REALLY RELATED TO THE COASTAL AREA THAT WAS NOTED AND DOESN'T INCLUDE THE ENTIRE CITY OR THE ENTIRE MASTER PLAN.

SO IF WE CAN COME BACK TO THE AGENDA ITEM AT HAND, IT WOULD REALLY HELP.

THANK YOU. SO, I MEAN, I THINK I THINK I JUST WANT MORE CLARITY ON A TIMELINE FOR THE MOTION, AND I AM DEFINITELY SUPPORTIVE OF COMMUNITY OUTREACH, OBVIOUSLY, AND SUPPORTIVE OF WANTING TO MAKE SURE THAT FOLKS HAVE THE OPPORTUNITY TO VOICE THEIR, YOU KNOW, EITHER SUPPORT, CONCERNS OR WHATEVER ELSE FOR IT.

I THINK I JUST NEED TO HEAR A TIMELINE AND THEN I'D BE SUPPORTIVE.

PERHAPS WE COULD JUST HAVE STAFF COME BACK WITH AN UNDERSTANDING SO WE CAN INCREASE THE SCOPE OF THE CONVERSATION TO GIVE US SOME IDEA OF HOW THIS MIGHT ALL MELD TOGETHER IN THE VISIONARY PROCESS.

SO IF WE COULD JUST KEEP IT SIMPLISTIC TO THAT AND HAVE THAT COME BACK SOMETIME IN THE NOT TOO DISTANT FUTURE.

SO I UNDERSTAND THE NEED FOR HURRY.

YOU KNOW, I UNDERSTOOD THAT FOUR YEARS AGO WHEN WE STARTED INTO THIS CONVERSATION, BUT IT'S TAKEN US FOUR YEARS TO ACTUALLY GET TO THIS MEETING.

YEAH, YEAH. NO, I UNDERSTAND AND AGREE.

AND I HEAR YOUR POINT ABOUT BALANCING THE PRIORITIES AND WHICH IS WHY WE JUST HAD THE GOAL SETTING WORKSHOP, WHY WE'RE DOING THE STRATEGIC PLANNING WORKSHOP.

AND I THINK WE'LL CONTINUE TO HASH OUT THOSE PRIORITIES THERE IN THE CORRECT FORUM FOR FOR THOSE. SO THE MOTION WOULD BE FOR STAFF TO BRING BACK THE COMMUNITY OUTREACH OPTIONS AND SCOPE FOR THE OH OF SHOOT I LOST MY LEFT MY NOTES FOR THE OPTIONS TO PRESERVE OPEN SPACE AND RECREATION IN THE SOUTHWEST QUADRANT.

AS WELL AS A BUDGET? YES. AS WELL AS THE BUDGET.

IN THE STRATEGIC PLAN.

AND YOU KNOW, THIS NEEDS TO BE PART OF JUST MORE THAN OPEN SPACE.

I MEAN, THERE'S A LOT OF THINGS THAT I THINK THIS COMMUNITY IS GOING TO WANT WHEN WE START TO OPEN THE CONVERSATION UP.

SO YOU WANT ONE INCLUSIVE GROUP, NOT MULTIPLE GROUPS, WORKING PARALLEL.

IT WAS A BIT OF A FRANKENSTEIN MOTION, I'M SORRY, OK, NOTED ACCURATELY, I DON'T.

COULD YOU PLEASE REPEAT YOUR MOTION? I MIGHT HAVE TROUBLE REPEATING THE MOTION.

OK, I HAVE COMMUNITY OUTREACH OPTIONS IN SCOPE AND BUDGET TO PRESERVE OPEN SPACE IN SOUTH PONTO AREA.

IS THAT CORRECT? I JUST READ THE TITLE OF THE AGENDA ITEM OPTIONS TO PRESERVE OPEN SPACE AND RECREATION IN THE SOUTHWEST QUADRANT.

AND WHAT I WAS SUGGESTING, IT NEEDS TO BE MUCH BROADER THAN THAT, IT NEEDS TO BE REALLY TOWARDS THE GOAL THAT WE SET EARLIER THIS YEAR ABOUT, YOU KNOW, GIVING THAT PRIORITY TO

[04:10:03]

YEAH, I. SEE IF WE GET A SECOND ON THE MOTION.

SECOND. UNLESS YOU'D LIKE TO MAKE A SUBSTANTIVE MOTION MAYOR.

BUT LET'S SEE IF WE GET A SECOND ON THE FIRST MOTION.

I SECONDED. OK, THANK YOU.

AND JUST TO TO RESPOND TO THAT COMMENT, I JUST WANT TO MAKE SURE THAT WE WERE NOT EXCEEDING THE SCOPE OF THE CONVERSATION FOR THIS AGENDA ITEM.

BUT I AGREE THAT WE WILL BE TALKING ABOUT IT AT THE STRATEGIC PLANNING SESSION.

WE WE HAVE TO IN ORDER TO PRIORITIZE THE FUNDING AND ENSURE THAT THE COMMUNITY IS ON BOARD WITH US AS A STRATEGIC PRIORITY FOR THE CITY GOING FORWARD.

AND IT'LL BE ALL DONE INCLUSIVELY WITH ONE CITIZEN'S GROUP AND.

WELL, I THINK THIS IS FOR THIS FOR THE TOPIC OF THIS OF THE THE PRESERVE OPEN SPACE AND RECREATION, THE SOUTH WEST QUADRANT VERSUS STRATEGIC PLAN OVERALL, I MEAN, ISN'T THAT A DIFFERENT THING? SO IF.

IF THE MOTION SUCCEEDS STAFF, WE'LL COME BACK WITH A PLAN AND THEN THE COUNCIL CAN TELL US WHETHER THAT'S ADEQUATE OR WHETHER YOU NEED TO EXPAND IT.

KEEP IN MIND, WE HAVE 11 DIFFERENT FACILITIES THAT WE HAVE TO LOOK AT AS WE GO THROUGH THIS, AND IT'S MORE THAN OPEN SPACE AND PARKS.

THE WAY IT'S WORDED, I HAVE A HARD TIME WITH IT, I UNDERSTAND WHAT YOUR GOAL IS, BUT I FEEL LIKE WE'RE PIECEMEALING.

AND AS MUCH AS IT PAINS ME, I AGREE WITH MAYOR WHEN HE SAYS THAT WE NEED TO LOOK AT IT AS A MORE A BIGGER PICTURE.

AND I THINK I WOULD RATHER DO IT THAT WAY THAN TO PIECEMEAL.

AND I FEEL THAT THAT'S WHAT WE'RE DOING WITH THIS.

SO I CAN'T SUPPORT THE MOTION.

CAN I MAKE A SUGGESTION THAT PERHAPS AFTER LISTENING TO THE CONVERSATION, WOULD YOU MIGHT WANT TO SUGGEST SOMETHING MS. BREWER AS TO HOW TO GET THIS BACK BEFORE US IN A MORE ALL INCLUSIVE CONVERSATION? YES, I WOULD NOTE THAT YOU'RE PLANNING DIRECTOR SUGGESTED THAT WE PUT IT ON THE STRATEGIC PLANNING SESSION. OK, SO BUT ISN'T THE STRATEGIC PLANNING SESSIONS NOT TILL NOVEMBER OR LATER, SO THE SENSE OF URGENCY IS.

DIMINISHED, ELIMINATED, REALLY, IF WE'RE IF WE'RE PUTTING IT THERE AND WE'RE NOT MAKING A MOTION, PASSING IT TONIGHT.

WE ARE GOING TO BE BRINGING UP THE PLANNING SESSION, THE STRATEGIC PLANNING SESSION RELATED TO ANOTHER AGENDA ITEM, WE'LL TRY TO MAKE SURE THAT THAT'S BROAD ENOUGH THAT YOU CAN DISCUSS THE TIMING OF THAT STRATEGIC PLANNING SESSION AS WELL.

AND WE'LL FOLLOW COUNCIL'S DIRECTION ON THAT AGENDA ITEM.

BUT IT'S NOT ON TONIGHT.

OK, SO WE HAVE A MOTION AND A SECOND, AND I'M I'M WILLING TO, YOU KNOW, IN THE COMMENTS, SEE WHAT WE CAN DO TO TO EXPAND THE LANGUAGE SO THAT WE CAN PASS SOMETHING TONIGHT THAT INCORPORATES THIS LONG DISCUSSION THAT WE'VE JUST HAD IN ALL THIS COMMUNITY OUTREACH AND INPUT. I WOULD SUGGEST THAT WE GIVE PRIORITY TO ONE OF OUR STRATEGIC GOALS, WHICH WAS THE UPDATE OF THE 2050 PLAN TO MAKE SURE IT INCLUDED THE THE PARK CONVERSATION THAT WE'RE HAVING TONIGHT. OK, SO I'M TRYING TO THINK OF HOW TO WORD THAT TO FIT IT IN THE MOTION.

THE 2050 PLAN IS CURRENTLY A COUNCIL GOAL.

RIGHT. AND SO WE ALREADY HAVE THAT.

IF YOU WOULD LIKE TO DO SOMETHING.

JUST TO MAKE IT A PRIORITY, THAT WE WANT TO MAKE IT HAPPEN SOONER THAN LATER.

OR START. SO I MADE THE MOTION AND HAS A SECOND DOES SOMEBODY, THE MOTIONS ON THE TABLE DOES SOMEBODY WANT TO PROVIDE A SUBSTITUTE MOTION.

I WOULD JUST MAKE A SUBSTITUTE MOTION THAT WE MOVE FORWARD RAPIDLY WITH THE FORMATION OF THE 2050 PLAN AS A COUNCIL GOAL TO BE MAKE SURE THAT IT INCLUDES PARKLAND IN, IN AND ALONG THE COAST, BUT FOR WHICH WE TALKED ABOUT TONIGHT.

I'M NOT GOING TO BE SPECIFIC ABOUT PIECES OF PROPERTY.

COUNCIL MEMBERS, AS AS WE, I MENTIONED EARLIER, ALTHOUGH THIS IS NOT PART OF THIS AGENDA ITEM, WE WILL BE BRINGING AN ITEM BACK BEFORE CITY COUNCIL NEXT WEEK TO DISCUSS TIMING OF THE STRATEGIC PLAN AND STRATEGIC PLANNING EFFORTS.

SO THAT MIGHT BE AN OPPORTUNITY TO HAVE THAT DISCUSSION AT THAT TIME FROM A TIMING PERSPECTIVE. ALTHOUGH THERE IS A CURRENTLY A MOTION AND A SECOND THAT'S ON THE FLOOR AND I [INAUDIBLE]. AND A SUBSTITUTE MOTION.

WELL, THAT'S OK. I'M WILLING TO ACCEPT THAT AND WITHDRAW MY MOTION IF IF YOU'RE WILLING

[04:15:02]

WELL, I MEAN, I THOUGHT YOUR MOTION WAS WAS BETTER THAN JUST NOT HAVING A MOTION AT ALL.

WELL, I MEAN, WE DON'T HAVE THE EXACT WORDAGE IN THE IN THE CITY ATTORNEY IS STARTING TO VIBRATE CHADWICK IS GIVING US AN EASY WAY TO HAVE THE CONVERSATION IN THE UPCOMING MEETING.

SO I THINK THAT WAS THE BEST, BEST THOUGHT OF THE NIGHT.

SO YOU'RE OK WITH THAT? WE'LL HAVE IT NEXT WEEK.

OK, SO YOU'RE WITHDRAWING YOUR MOTION? I WITHDRAW MY MOTION. AND DOCTOR.

YOU'RE WITHDRAWING YOUR SECOND.

SO THAT CONCLUDES THIS ITEM.

SO MOVING ON TO A MORE COMPLICATED ITEM, ADOPTION OF A RESOLUTION TO APPOINT TWO MEMBERS TO THE LIBRARY BOARD. THIS IS ITEM 15.

[15. MAYORAL APPOINTMENT OF TWO MEMBERS TO THE LIBRARY BOARD OF TRUSTEES]

SO I WOULD LIKE TO NOMINATE STAN [INAUDIBLE], DISTRICT FOUR AND WILLIAM [INAUDIBLE] FROM DISTRICT ONE. DOESN'T NEED A SECOND, BUT I'LL GIVE IT A SECOND ANYWAY.

OK, PLEASE VOTE.

THAT PASSES UNANIMOUSLY.

COUNCIL REPORTS.

MAYOR EXCUSE ME,

[PUBLIC COMMENT (Part 2 of 2)]

FOLLOWED BY CHRISTINE WRIGHT.

THANK YOU, BARBARA. YOU BET.

SHOULD I GO NOW? YES.

WELL, WELCOME BACK, EVERYBODY.

IT'S GOOD TO SEE YOU, EVEN IF IT'S BEEN A LONG TIME, ALTHOUGH CORI SCHUMACHER IS NO LONGER PART OF THE CITY COUNCIL.

SHE LEFT A LASTING LEGACY.

SHE DID THINGS NO OTHER COUNCIL PERSON HAS DONE.

SHE MADE IT A POINT TO KEEP IN TOUCH WITH THE VOTERS AND FIND OUT WHAT THEY WANTED.

CORI SCHUMACHER RAISED THE BAR ON WHAT SHOULD BE EXPECTED FROM A CITY COUNCIL MEMBER.

FIRST OF ALL, SHE BROUGHT A NEW TRANSPARENCY TO THE COUNCIL.

SHE PUBLISHED A NEWSLETTER THAT EXPLAINED EVERY VOTE AND WHY SHE VOTED THE WAY SHE DID.

IN THE PAST WE WERE LEFT TO OUR OWN DEVICES TO FIGURE OUT WHAT SOME OF THE VOTES MEANT AND WHAT THE RAMIFICATIONS WERE.

VOTERS ELECTED THE COUNCIL TO REPRESENT THEM.

IT'S IMPORTANT FOR US TO KNOW WHY THE MEMBERS VOTE THE WAY THEY DO.

GONE ARE THE DAYS OF BACKROOM POLITICS WITH BEHIND DOORS DEALS.

SO CORI DID HER PART TO MOVE THE COUNCIL INTO THE 21ST CENTURY.

SECONDLY, CORI HAD OFFICE HOURS IN THE PAST.

IF YOU WERE TO FRONT OF THE COUNCIL, IT WAS PRETTY DIFFICULT TO GET TO SPEAK WITH THEM.

IN MY EXPERIENCE, THE ONLY TIME PRIOR TO HER BEING ON THE COUNCIL THAT I TALKED WITH COUNCIL MEMBERS WAS IF WE WERE ATTENDING THE SAME MEETING OR AN EVENT LIKE THE CITY STAFF THANK YOU LUNCHEONS OR THE FUNDRAISERS AT THE AGUA HEDIONDA LAGOON FOUNDATION.

THIRD, CORI HELD REGULAR TOWN HALLS IN ORDER TO ENGAGE WITH THE VOTERS.

SHE ASKED CONSTITUENTS WHAT WAS IMPORTANT TO THEM AND FOLKS COULD ASK HER ABOUT ANYTHING THEY WANTED. IF SHE DIDN'T KNOW THE ANSWER, SHE WOULD DO RESEARCH, GET BACK TO THEM.

AND ALTHOUGH WE DIDN'T ALWAYS LIKE THE ANSWERS, AT LEAST WE WERE INFORMED.

LASTLY, CORI MADE THE COUNCIL A FULL TIME JOB.

SHE PROBABLY READ AND STUDIED MORE EACH WEEK THAN THE ENTIRE OLD COUNCIL DID IN A MONTH.

SHE READ EVERYTHING.

SHE WAS WELL PREPARED AT COUNCIL MEETINGS AND ASKED EXCELLENT PROBING QUESTIONS.

THE FACT THAT SHE WAS NOT ALWAYS PROVIDED WITH REASONABLE ANSWERS WAS NOT HER FAULT, BUT A VESTIGE FROM HOW THINGS USED TO BE.

CORI LEAVING THE COUNCIL IS A GREAT LOSS FOR CARLSBAD NOW, BUT HER STUDIES WILL GREATLY BENEFIT CARLSBAD WHEN SHE RETURNS.

HOPEFULLY HER LEGACY WILL REMAIN AND GROW AND THE COUNCIL MEMBERS WILL CONTINUE TO BE MORE RESPONSIVE TO THE CITIZENS WHO PUT THEM THERE.

CARLSBAD IS AWAKE AND AWARE AND WATCHING.

THANK YOU. CHRISTINE WRIGHT.

LAST BUT NOT LEAST, I WOULD LIKE TO THANK CORI SCHUMACHER FOR HER PUBLIC SERVICE AS A CITY COUNCIL MEMBER FROM DECEMBER 2016 UNTIL JULY 2021.

SHE WAS ELECTED TWICE TO THE CITY COUNCIL ONCE AS AN AT LARGE MEMBER, AND THE OTHER IS A

[04:20:02]

SHE WAS ABLE TO PROVIDE TRANSPARENCY TO THE CITY COUNCIL, HOLDING HOLDING DROP IN OFFICE HOURS, PROVIDING A NEWSLETTER TO HER INTERESTED CONSTITUENTS AS TO THE AGENDA ITEM AND WHY SHE VOTED FOR OR AGAINST IT.

THE CLARITY OF HER REASONS FOR HER VOTE HELPED THE PUBLIC AND ME UNDERSTAND THE SOMETIMES COMPLEXITIES OF THE ISSUES.

IN ADDITION, MS. SCHUMACHER WAS ABLE TO LEAD THE WAY WITH MANY ISSUES THAT HAD LAIN HAD LAID STAGNANT IN OUR TOWN.

THE NORTH BEACH LIFEGUARD PROGRAM WAS INSTITUTED WITHIN MONTHS OF HER TAKING OFFICE AS A PILOT PROGRAM AND IS IN FULL FORCE TODAY.

MS. SCHUMACHER ESTABLISHED THE HOMELESS OUTREACH PROGRAM, WHICH WAS THE FIRST IN SAN DIEGO COUNTY AND HAS BEEN THE GUIDE FOR OTHER SIMILAR PROGRAMS. THIS PROGRAM WENT FROM PART TIME TO FULL TIME TO HANDLE THE INCREASE IN OUR HOMELESS POPULATION AND AS WE KNOW, IT IS IMPORTANT REGIONAL ISSUE.

SHE WAS THE GO TO COUNCIL PERSON IN MY NEIGHBORHOOD WHEN THERE WERE SMALL ISSUES SUCH AS POOR STREET OVERLAY OR LIGHTING ISSUES.

SINCE SHE ANSWERED THE CALL WITHIN 48 HOURS, SHE SPENT MANY HOURS RESEARCHING THE ISSUES AND COULD PROVIDE ON THE DAIS A HISTORY OF OTHER THAN WHAT WAS PROVIDED BY STAFF, WHICH EXPLAINED PUBLICLY HER VOTE.

SHE ALSO WORKED TO ESTABLISH A DESIGN REVIEW BOARD, WHICH WAS A PET ISSUE FOR ME AFTER STATE MANDATES HAVE BEEN TAKING OVER OUR ABILITY TO CONTINUE OUR GROWTH, TAKEN OVER OUR ABILITY TO CONTINUE OUR GROWTH MANAGEMENT PLAN AND LOCAL DECISION MAKING ABILITIES, WHICH ARE BECOMING MORE DIFFICULT EACH YEAR, OUR CITY DOES DOES NOT LOOK THE SAME WHEN DEVELOPERS HAVE THE CHOICE TO USE THE STATE DENSITY BONUS INSTEAD OF OUR PROVEN CITYWIDE ORDINANCE THAT INCLUDES INCLUSIONARY HOUSING PLAN.

MS. SCHUMACHER HAS HELD MANY TOWN MEETINGS TO ENSURE THAT THE MEMBERS OF HER DISTRICT AND THOSE INTERESTED IN CITY ISSUES COULD BE ADDRESSED.

WHEN SHE RAN FOR MAYOR IN 2018, SHE GOT 44 PERCENT OF THE VOTE, WHICH IS VERY SIGNIFICANT. I BELIEVE SHE WOULD HAVE MADE A GREAT MAYOR.

HER CONCERN FOR THE RESIDENTS WAS PARAMOUNT TO HER THINKING WHEN, DURING THE CORONAVIRUS PANDEMIC IN THE FALL OF 2020, WITH NO VACCINE IN SIGHT, SHE ACTED BUT WAS UNSUCCESSFUL IN CREATING A CITYWIDE MASK REQUIREMENT.

SHE WAS CONCERNED FOR THE SAFETY AND HEALTH OF ALL RESIDENTS, HER COMMUNITY INVOLVEMENT WITH SYNERGISTIC. AND SHE WAS ABLE TO INSPIRE MANY PEOPLE TO GET INVOLVED IN CITY GOVERNMENT THERE, THEREBY ALLOWING US TO DISCOVER AT THAT TIME THAT PLANNING COMMISSIONERS WERE BEING APPOINTED BY THE MAYOR AND BEING ALLOWED TO SERVE BEYOND THEIR TWO TWO TERM LIMIT, WHICH WAS AGAINST THE LAW.

I'M VERY EXCITED FOR THE NEXT PHASE OF MS. SCHUMACHER'S LIFE AS SHE WILL BE ATTENDING A UNIVERSITY OUTSIDE THE COUNTY.

I KNOW SHE WILL DO WELL AND FINISH HER EDUCATION WITH HIGH MARKS.

THANK YOU, CORI YOU'RE A FRIEND AND AN ACHIEVER.

YOU'VE INSPIRED ME TO DO MORE AND GET INVOLVED.

THANK YOU, COUNCIL. HEY, FINAL COMMENTS, COUNCIL MEMBER

[COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]

YES, I'M GOING TO ZOOM THROUGH SEVERAL COMMENTS, BUT FIRST, I DO WANT TO ACKNOWLEDGE THAT COUNCIL MEMBER SCHUMACHER SUBMITTED HIS RESIGNATION AND I WISH HER VERY WELL.

THIS IS A HARD JOB. PUBLIC SERVICE IS TOUGH, AND I JUST WANT TO WISH HER VERY WELL.

ALSO LAST WEEK, VERY, VERY BUSY, BUSY TIME.

WE OFFICIALLY FULLY REOPENED THE CARLSBAD SENIOR CENTER AND HAD A RIBBON CUTTING FOR THAT. THE CARLSBAD SENIOR CENTER NOW HAS ALL THE IN-PERSON SERVICES THAT THEY PREVIOUSLY HAD AND SOME HYBRID VIRTUAL ONES.

SO THAT'S PRETTY COOL. WE HAD OUR TGIF IN YOUR BACKYARD KICKOFF, SO ALL THE TGIF CONCERTS IN THE PARK ARE BEING STREAMED AND YOU CAN ACCESS THEM ON THE ON THE WEBSITE.

SO THAT WAS VERY EXCITING.

THIS MORNING. TODAY, JULY 13TH, THE LEGISLATIVE COMMITTEE MEETING MET AND WE HAD REALLY EXCELLENT CONVERSATION ABOUT LEGISLATION.

WE ALSO HAD THE OPPORTUNITY TO HEAR FROM CONGRESSMAN MIKE LEVIN'S OFFICE.

AND LATER TODAY, WE LEARNED OF A FIVE MILLION DOLLAR ALLOTMENT THAT HE WAS ABLE TO GET FOR CARLSBAD VILLAGE AND BARRIO IMPROVEMENTS.

SO WE'RE REALLY EXCITED THAT WE WERE ABLE TO GET THAT FUNDING FROM THE FEDERAL GOVERNMENT THROUGH OUR CONGRESSMAN.

SO THAT'S THE EXCITING GOOD NEWS.

BUT WE HAVE A LOT GOING ON.

IT'S BUSY TIMES AND I'M REALLY EXCITED TO BE HERE IN PERSON JUST ONE MORE TIME.

I JUST WANTED TO SAY THANK YOU.

AND THIS HAS BEEN A REALLY GREAT EXPERIENCE TO BE ON THE DAIS FOR THE FIRST TIME RATHER THAN MEETING WITH YOU, VIRTUALLY AS I HAVE BEEN OVER THE LAST SEVEN MONTHS.

SO I'M REALLY GLAD TO BE HERE AND ENJOYING THIS EXPERIENCE, SERVING THE COMMUNITY OF CARLSBAD. THANK YOU. DR.

BHAT-PATEL. SURE, THANK YOU.

I KNOW WE HAVEN'T MET SINCE INDEPENDENCE DAY, SO FOR THOSE OF YOU THAT CELEBRATED, I KNOW

[04:25:01]

AND I WAS ABLE TO CELEBRATE IN MY BACKYARD AND AT THE PARK HYATT, WHICH WAS REALLY GREAT.

AND THEN DEFINITELY THE SENIOR CENTER REOPENING WAS REALLY FUN TO SEE EVERYONE OUT THERE AND JUST BEING ABLE TO OPEN THE DOORS BACK UP TO ALL OF THE DIFFERENT PROGRAMS AND ESPECIALLY THE INTERGENERATIONAL PROGRAM OR INTERGENERATIONAL CENTER.

I DO LOOK FORWARD TO MY PARENTS AT SOME POINT TAKING MY BABY THERE AND ENJOYING SOME OPPORTUNITIES TO RECREATE.

AND THEN OTHER THAN THAT, I TOO WOULD LIKE TO WISH WELL TO OUR COLLEAGUE COUNCIL MEMBER SCHUMACHER ON HER NEXT JOURNEY.

THANK YOU. MR. BLACKBURN. NOTHING, THANK YOU.

OK, JUST MR. CHADWICK, JUST A QUESTION TO YOU, OBVIOUSLY THERE IS A VACANCY, SO WHEN WILL WE BE DISCUSSING THAT? MAYOR YOU'RE STEALING MY THUNDER.

THANK YOU. YES, WE WILL BE DISCUSSING IT AT OUR NEXT SCHEDULED MEETING, WHICH IS AT SIX O'CLOCK ON THE 20TH.

THAT IS A ZOOM CALL.

THAT'S OR AT LEAST A WORKSHOP.

BUT WE WILL BE DISCUSSING THAT ALONG WITH OUR STRATEGIC PLANNING AND COMMITTEE ASSIGNMENTS TO INCLUDE BOTH SUBCOMMITTEE AS WELL AS THE REGIONAL COMMITTEE ASSIGNMENTS.

SO THE FACT THAT THAT'S A ZOOM MEETING AND MS. BREWER, MAYBE YOU CAN HELP ME.

IT WAS MENTIONED EARLIER TONIGHT THAT THE PUBLIC WOULD PERHAPS LIKE TO HAVE THAT MEETING IN PERSON. WHAT KIND OF HOOPS WOULD WE HAVE TO AS A COUNCIL IF WE WANTED TO MAKE A CHANGE WITH THE SHORT NOTICE TO MAKE THAT A PUBLIC MEETING, TO TRY AND GET PEOPLE TO FACE TO FACE SITUATION? IT IS A PUBLIC MEETING.

IF YOU'D LIKE TO PUT IT ON A LIVE MEETING, YOUR NEXT OPPORTUNITY WOULD BE THE TWENTY SEVENTH. SO THERE'S NO WAY I, I WE COLLECTIVELY COULD CHANGE THE 20TH TO A LIVE MEETING? THE SHORT ANSWER IS YES.

IF IF COUNCIL SO DESIRES HAD TURNED THAT INTO A LIVE IN-PERSON MEETING, WE ABSOLUTELY COULD. JUST THE PREVIOUS DIRECTION HAD BEEN WORKSHOPS WERE GOING TO BE ZOOM, ALTHOUGH THE COUNCIL ALSO DID NOT CONTEMPLATE A RESIGNATION.

SO I DO FEEL IT'S A SPECIAL CIRCUMSTANCE AND IF THAT'S THE DESIRE OF COUNCIL STAFF CAN CERTAINLY MAKE THAT OCCUR. SO MS. BREWER GUIDE ME. I NEED TO MAKE A MOTION FOR THAT TO HAVE A DISCUSSION ABOUT IT.

IF YOU WOULD LIKE TO DEVIATE FROM WHAT HAS BEEN PREVIOUSLY INSTRUCTED AND ADOPTED, IT WOULD TAKE MOTION OF THE CITY COUNCIL AND I'LL HAVE TO CONFIRM WHETHER YOUR ADOPTED REGULAR TIME AND MEETING PLACE INCLUDES THE WORKSHOP AS VIRTUAL, IN WHICH CASE WE'LL HAVE TO NOTICE NEXT WEEK'S MEETING IS A SPECIAL MEETING TO HAVE A PUBLIC LIVE IN MEETING.

SO I'M GOING TO MAKE THAT MOTION IF I GET A SECOND AND WE'LL DISCUSS IT.

IF WE'RE OK WITH A ZOOM MEETING, THEN I DON'T WANT TO DEBATE IT.

I WAS IN RESPONSE TO SOMEBODY IN THE COMMUNITY IS THE REASON I'M SAYING THIS.

SO IF.

I'LL I'LL SECOND BECAUSE I HAD THAT NOTE AND I FAILED TO MENTION IT.

SO I APPRECIATE YOU BRINGING IT UP.

SO MS. COUNCIL MEMBER ACOSTA.

WHAT IS YOUR PLEASURE? I AM ABLE TO AND HAPPY TO MEET IN PERSON IF THAT'S WHAT MY COLLEAGUES WOULD LIKE.

MR. BLACKBURN. WELL WE MADE THE DECISION THAT WORKSHOPS WOULD BE ZOOM AND OUR VERY FIRST WORKSHOP. WE'RE CHANGING IT.

SO I KIND OF WONDER WHY WE MAKE THESE DECISIONS AND THEN JUST AT WILL JUST MAKE THE CHANGES. BUT WITH THAT SAID, I HAVE NO PROBLEM WITH IT BEING AN IN-PERSON.

OK, THEN I'LL CALL THE QUESTION.

PLEASE VOTE.

AM I DOING SOMETHING WRONG? AND I THINK THE COMMUNITY TO BE VERY APPRECIATIVE AND IT WAS BROUGHT UP EARLIER TONIGHT, SO THAT'S THE ONLY REASON I SUGGESTED THAT.

OTHERWISE, I'M I'M GOOD FOR THE WAY WE'VE SET THIS OUT.

BUT I ALSO HAVE.

OH, THE OTHER QUESTION IN OUR LEGISLATIVE MEETING TODAY, ONE OF THE THINGS WE TALKED ABOUT AND WE HAD RECEIVED A PRESENTATION ON GRANTS AND AN UPDATE ON OUR THE GRANTS THAT WE WERE WORKING ON AND WHAT HAVE WE BEEN SUCCESSFUL.

AND THERE WAS SOME CONVERSATION THAT PERHAPS TOWARDS THE END OF AUGUST, IF YOU COULD WORK

[04:30:05]

SO IF THAT'S POSSIBLE, I THINK THEY DID A PRETTY GOOD JOB OF OF GETTING OUT THERE AND GAINING GAINING SOME SOME MONEY FOR US ON SOME OF THESE SPECIAL THINGS.

SO IF WE COULD DO THAT, I'D BE APPRECIATIVE.

ALSO ANNOUNCEMENTS WHERE YOU MIGHT FIND MORE THAN THREE COUNCIL MEMBERS PARTICIPATING IN UPCOMING EVENTS.

THIS THURSDAY, JULY 15TH, AT THREE TO FIVE P.M., THERMAL FISHER GRAND OPENING CEREMONY, THERMAL FISHER SCIENTIFIC.

THAT'S A 5791 VAN ALLEN WAY.

AND WE ALL KNOW THAT THERMAL FISHER HAS BEEN HERE FOR QUITE A WHILE, BUT THEY ARE DONE QUITE AN EXPANSION.

SO WE'RE GOING TO DO A RIBBON CUTTING THERE.

ALSO ON MONDAY, JULY 19TH, AT 8:30 TO 10:00 A.M., CARLSBAD FIRE DEPARTMENTS AWARDS AND RECOGNITION CEREMONY.

THAT'S AT THE SAFETY TRAINING CENTER AT 5750 ORION STREET HERE IN CARLSBAD.

SO THAT'S ALL I HAVE FOR TONIGHT.

MR. CHADWICK? NOTHING TO REPORT, SIR.

MS. BREWER? NOTHING, THANK YOU.

CITY CLERK? NOTHING.

I HAVEN'T FORGOT ANYTHING ELSE.

WE'RE GOOD TO GO. SO WITH THAT, WE STAND ADJOURNED AND HOPEFULLY NEXT TIME I'LL HAVE A GAVEL.

* This transcript was compiled from uncorrected Closed Captioning.