Jul 20, 2021 City Council Special Meeting

WHILE SHE'S COMING TO THE MIC, ALSO, ONE OF THE THINGS I FAILED LAST WEEK WAS IN THE THREE MINUTE TIMING AND WAS BROUGHT TO MY ATTENTION THAT WE NEED TO ENFORCE THE THREE MINUTE RULE.

BARBARA CAMPBELL.

SO I THANK YOU FOR STAYING WITHIN YOUR TIME FRAME.

BUT PLEASE, EVERYBODY, STAY WITHIN YOUR THREE MINUTES.

AND I SHOULD HAVE STATED THAT EARLIER, BUT PLEASE PROCEED.

THAT'S NOT A PROBLEM.

GOOD EVENING.

MY NAME IS BARBARA AND I LIVE IN CARLSBAD, FOR 12 YEARS NOW.

NOW THAT THE HATE HAS BEEN SPEWED AND THE LIES HAVE BEEN TOLD, WE'RE STILL SUBJECT TO THE TRAGIC POLITICAL STATE OF OUR CITY.

I'M NOT GOING TO SPEAK ABOUT THE WONDERFUL THINGS THAT CORI DID FOR OUR CITY THAT NEEDED TO BE DONE.

BUT ASK WHY IT WASN'T DONE BEFORE.

MAYOR HALL I'M TALKING TO YOU TO.

WHAT BEACH IN OUR DAY AND AGE DOESN'T HAVE A LIFEGUARD? WHY DON'T PUBLIC SERVICE AND PUBLIC SERVANTS ANSWER OUR QUESTIONS? WHAT COMMUNITY IS IN SERIOUS NEED OF PROGRAMS TO HELP THOSE LESS FORTUNATE TURN THEIR HEADS? AND FOR GOD'S SAKES, IN A FREE COUNTRY, WHAT CITY TRIES TO DISENFRANCHISE THE RESIDENTS OF A COMMUNITY MOST AFFECTED? AND IF YOU DON'T KNOW THE MEANING OF THAT, IT MEANS TAKE AWAY OUR VOTE.

KATIE TAYLOR, THE WOMAN THAT OPENED UP A PUBLIC COMMENT PORTION OF LAST WEEK'S MEETING, DOESN'T LIVE IN CARLSBAD.

THANK YOU FOR BRINGING THAT UP AGAIN.

WHO IS SHE, A PAWN DRUG INTO SOME RIDICULOUS RECALL BECAUSE OF SOME TWO TIME LOSER, CARL DEMAIO, TRYING TO RID CITIES OF A DEMOCRATIC SYSTEM, ANYWAY.

IN ADDITION TO KATIE, ONE OF THE THREE PARASITES THAT BEGAN THIS TRAGIC EPISODE OF BULLYING AND HATE IN OUR CITY DOESN'T LIVE HERE EITHER.

THE OTHER TWO ARE JUST BATSHIT CRAZY AND I'M SCARED OF THEM.

AND YOU LADIES SHOULD BE, TOO, BECAUSE WE DON'T AGREE WITH EVERYTHING THEY AGREE WITH, BECAUSE WE'RE WOMEN, BECAUSE WE'RE DEMOCRATS.

I DON'T KNOW.

I'M NOT GAY.

BUT I'M TELLING YOU, YOU LADIES NEED TO BE AFRAID.

FREEDOM OF SPEECH DOESN'T GIVE YOU THE RIGHT TO THREATEN.

LET'S JUST GET THAT STRAIGHT.

MATT HALL, I WON'T EVEN GIVE YOU THE TITLE OF MAYOR BECAUSE YOU DON'T DESERVE IT.

YOU COULD HAVE STOPPED ALL OF THIS, YOUR FACEBOOK PAGE, SERIOUSLY? YOUR ONLY CONCERN IS YOUR POCKETBOOK AND YOUR FRIENDS POCKETBOOKS.

YOU'RE LIKE THE KID ON THE SCHOOL GROUND BULLY CHANGING THE RULES OF THE KICKBALL GAME IN ITS PROCESSION.

THE DISRESPECT FOR THE LAW DURING THE PANDEMIC, THE PEACEFUL PROTESTS AND THE ETHICS TRAINING THAT YOU-- I JUST CAN'T EVEN BELIEVE IT, IT FLOORED ME! OH, WAIT, NO, I'M USED TO IT.

SO GOING FORWARD, OUR COUNCIL SEAT IS EMPTY.

SHALL I REMIND YOU OF THE LAST RESIGNATION WE HAD? WE MADE IT THROUGH THE REMAINING TERM WITHOUT AN APPOINTMENT, WITHOUT A SPECIAL ELECTION THAT WOULD COST THE TAXPAYERS CLOSE TO FIVE HUNDRED THOUSAND DOLLARS.

MR. CHADWICK? DON'T FORCE YOUR AGENDA ON THE CITY.

THANK GOODNESS THE RULES HAVE CHANGED FOR THIS VACANCY.

WE DON'T WANT YOUR OPINION.

WE DON'T NEED YOUR OPINION.

WE DIDN'T ELECT YOU.

EVEN IF YOU TRY TO APPOINT ONE OF YOUR CRONIES, MR. HALL, HE MAY BE LIKELY SLEEPING ON THE JOB.

FORTUNATELY, HE WON'T BE ABLE TO RUN AGAIN IN 2022, SO OUR SUFFERING WILL BE MINIMAL.

SO I'M SURE YOU THINK I'M A NASTY OLD BIZIM BITTER TOWARD GOOD OLD DAYS CLUB.

I'M NOT.

I'M BITTER TOWARDS THOSE WHO DON'T WANT TO HELP, BITTER TOWARDS THOSE THAT DON'T WANT TO FOLLOW THE LAW, BITTER TOWARDS THOSE THAT DON'T SEEK THE VALUE OF HUMAN RIGHT.

AND WE THANK YOU VERY MUCH.

YOU'RE WELCOME.

PAIGE TICINO.

[00:15:07]

HELLO, MAYOR HALL COUNCIL MEMBER.

MY NAME'S PAIGE TICINO, I'M A LONG TERM CARLSBAD RESIDENT.

WELL, IT FINALLY HAPPENED, THE GREAT AMAZON RAINFOREST IS NOW EMITTING MORE CO2 THAN IT ABSORBS, AS WAS REPORTED LAST WEEK, CLIMATE CHANGE CONTRIBUTING TO HIGHER TEMPERATURES AND DROUGHT ALONGSIDE WITH FIRES OFTEN PURPOSELY SET TO CLEAR LAND FOR CATTLE AND AGRICULTURE MEANS THIS RAINFOREST IS NO LONGER A CARBON SINK.

THIS FALL, THE COUNCIL WILL HAVE A CHANCE TO PASS A CLIMATE EMERGENCY DECLARATION LIKE MANY OF OUR NEIGHBORS, BECAUSE THE EVENTS BEYOND OUR IMMEDIATE CONTROL, LIKE WHAT'S HAPPENING IN THE AMAZON, JURISDICTIONS NEED TO TAKE AGGRESSIVE ACTION ON CLIMATE CHANGE WHERE THEY CAN MAKE A DIFFERENCE.

A CLIMATE EMERGENCY IS A MEANS TO TELL EVERYONE, RESIDENTS, BUSINESS, STAFF, VISITORS THAT OUR CITY TAKES THIS ISSUE VERY SERIOUSLY.

AGAIN, YOU KNOW, THE WILDFIRES ARE RAVAGING THE WEST.

WE CAN SEE MANY OF THE IMPACTS OF CLIMATE CHANGE IN TERMS OF EXTREME WEATHER EVENTS.

SOME CONSEQUENCES, HOWEVER, WE CAN'T EASILY SEE LIKE OCEAN ACIDIFICATION THAT CONTRIBUTES TO THE DECLINE OF OUR CORAL REEFS AND I'M SORRY, OCEAN, DEOXYGENATION THAT IMPACTS MARINE ANIMALS AND CONTRIBUTES TO DWINDLING FISHERIES THAT WE RELY ON.

THE SCIENCE IS CLEAR.

WHAT ISN'T SO CLEAR IS THE POLITICAL WILL TO TREAT CLIMATE CHANGE WITH THE URGENCY IT DESERVES.

POLICIES AND ACTIONS MUST BE CONSIDERED IN LIGHT OF LOWERING GREENHOUSE GAS EMISSIONS.

PLEASE, WHEN THIS RESOLUTION COMES BEFORE YOU SHOW THAT YOU CARE ABOUT THIS THREAT TO OUR WELL-BEING AND PASS IT.

THIS STATEMENT IS FROM YOURS TRULY, KATY TAYLOR.

LENNY ARCANS.

GOOD EVENING, EVERYONE.

IF YOU HAD LISTENED TO HER FIRST MINUTE OF HER LAST WEEK'S SPEECH, SHE GAVE YOU A GOOD IDEA OF HER HISTORY AND HER FAMILY'S HISTORY HERE IN CARLSBAD.

SORRY, IF YOU COULD ADDRESS US UP HERE.

I'M SORRY.

SO HERE MAYOR HALL AND CITY COUNCIL MEMBERS, THANK YOU FROM KATY TAYLOR, AS I GREATLY APPRECIATE THE CITY COUNCIL'S DECISION TO HOLD AN OPENING MEETING TO DETERMINE THE REPLACEMENT PROCESS FOR CORI SCHUMACHER.

I APPRECIATE THE RECOGNITION OF THE IMPORTANCE FOR THE PUBLIC TO BE ABLE TO ATTEND IN PERSON.

THE RESIGNATION OF CORI SCHUMACHER IS A SIGNIFICANT EVENT AND THE DECISION HOW TO FILL HER VACANCY WILL BE A SIGNIFICANT DECISION.

I URGE THE COUNCIL TO KEEP IN MIND WHAT IS BEST FOR CARLSBAD IN YOUR DECISION ON HOW TO PROCEED.

THE COUNCIL HAS LOST THE TRUST OF THE PEOPLE.

IT IS TIME FOR YOU TO RESTORE THAT TRUST.

I AM UNABLE TO ATTEND TONIGHT'S MEETING DUE TO MY PREVIOUS COMMITMENT TO JOIN WITH OTHER GROUPS AND CERTAIN CITIZENS TO BE AT THE OCEANSIDE SCHOOL BOARD MEETING TONIGHT AT 6:00, WE WILL BE THERE TO VOICE STRONG OPPOSITION TO OCEANSIDE'S UNACCEPTABLE AND UNCONSTITUTIONAL ETHNIC STUDIES PROGRAM.

MANY VOICES AND GROUPS WILL BE THERE TO PROTEST THE IMPLEMENTATION OF THE INSTRUCTIONAL MATERIALS.

THIS INCLUDES LET THEM BREATHE NORTH COUNTY PATRIOTS, CALIFORNIA SCHOOL CHOICE FOUNDATION, [INAUDIBLE], CALIFORNIA REPUBLICAN WOMEN FEDERATED, CALIFORNIANS FOR EQUAL RIGHTS.

PARENT GROUPS OPPOSING CRITICAL RACE THEORY.

REBELS IN THE PARK, POLITICAL ACTION GROUP AND OTHERS WILL DEMAND OCEANSIDE SCHOOL BOARD CEASE AND DESIST FROM MOVING ETHNIC STUDIES FORWARD AS CURRENTLY APPROVED.

THIS IMPORTANT ISSUE IS COVERED DAILY IN THE NEWS ALL ACROSS THE COUNTRY, AS SIMILAR INSTRUCTIONAL MATERIALS HAVE CAUSED LARGE PROTESTS AT SCHOOL BOARD MEETINGS AND LITIGATION BY OUTRAGED PARENTS AND TEACHERS.

YOURS TRULY, KATIE TAYLOR.

THAT'S THE LAST PUBLIC COMMENT SPEAKER, THANK YOU.

OK, THANK YOU.

MOVING ALONG TO THE CONSENT CALENDAR, BUT BEFORE WE GET TO THE CONSENT CALENDAR,

[5. VILLAGE & BARRIO MASTER PLAN AMENDMENT DISCUSSION – Receive a presentation on options to address potential policy changes raised by the public during the adoption of the 2019 comprehensive update to the Village & Barrio Master Plan and provide direction as appropriate. (Staff contact: Shelley Glennon, Community Development) City Manager’s Recommendation: Receive the presentation and provide direction as appropriate.]

THERE IS AN ITEM FURTHER IN THE AGENDA.

ITEM FIVE, THE VILLAGE AND BARRIO MASTER PLAN AMENDMENT DISCUSSION.

I DON'T KNOW, BECAUSE THERE'S ONLY THREE OF YOU HERE TONIGHT.

IF YOU WANT TO DISCUSS WHETHER YOU WANT TO HEAR THAT TONIGHT WITHOUT A FOURTH COUNCIL MEMBER, IF YOU WANT TO HAVE A DISCUSSION THAT I NEED TO STEP DOWN, BUT I JUST WOULD LIKE THE AUDIENCE TO KNOW IF THEY DON'T WAIT UNTIL ITEM FIVE BEFORE WE DO THIS.

SO MR. BLACKBURN, IT'S UP TO YOU.

IF YOU FEEL THAT YOU WANT TO HAVE A DISCUSSION, I'LL LEAVE THE ROOM.

[00:20:03]

OF COURSE.

I WANT TO HEAR WHAT THE OTHER COUNCIL MEMBERS HAVE TO SAY.

MY THOUGHT IS ANY DECISION THAT IS MADE HAS TO BE THREE VOTES.

AND WITH THE MAYOR STEPPING DOWN, THAT MEANS ANY DECISIONS MADE HAVE TO BE MADE BY ALL THREE OF US AND THAT WOULD BE LACKING A DISTRICT ONE REPRESENTATIVE IN THE BARRIO MASTER PLAN IS DISTRICT ONE.

SO I PERSONALLY WOULD LIKE TO SEE IT PUT OFF UNTIL WE HAVE A FOURTH VOTE AND I SAY FOURTH VOTE BECAUSE THE MAYOR CAN'T VOTE ON IT.

WHAT'S YOUR THOUGHTS? SURE, I, TOO, ACTUALLY HAD QUESTIONS AROUND THAT JUST WHEN I WAS CHATTING WITH THE CITY MANAGER AND CITY ATTORNEY, SO I'M GLAD TO HEAR THAT WE'RE HAVING THIS DISCUSSION.

GIVEN THE VACANCY IN DISTRICT ONE, I DO BELIEVE THAT IT WOULD BE REALLY BENEFICIAL FOR OUR DISTRICT ONE REPRESENTATIVE TO BE PART OF THIS DISCUSSION.

SO I WOULD BE OPEN TO HAVING A CONTINUATION.

SO I THINK IT'S IMPORTANT THAT WE GET IT OUT OF THE WAY NOW, IF WE'RE GOING TO IF WE'RE GOING TO PUT THIS OFF SO THAT ANYBODY WHO'S SHOWN UP TODAY TO GIVE PUBLIC COMMENT DOESN'T HAVE TO STAY IF WE'RE NOT GOING TO TAKE IT UP TODAY.

BUT IT WOULD BE MY RECOMMENDATION THAT WE PUT IT OFF UNTIL WE HAVE A DISTRICT ONE REP.

OK, AND QUESTION FOR THE CITY MANAGER, IS THERE ANYTHING IN THIS TOPIC THAT IS TIME SENSITIVE THAT SHOULDN'T WAIT UNTIL WE HAVE AN ADDITIONAL COUNCIL MEMBER? NO.

OK, THANK YOU.

SO WE'RE GOING TO MAKE THE REQUEST THAT THIS BE PUT OFF UNTIL WE HAVE A DISTRICT ONE COUNCIL MEMBER.

COUNCIL, GIVEN THAT IT'S CURRENTLY AGENDIZED, COULD I GET A PROPER MOTION, SECOND MY MOTION? SECOND.

AND JUST TO CLARIFY, THIS ITEM WOULD NOT BE BROUGHT BACK UNTIL WE HAVE A FIFTH COUNCIL MEMBER, A DISTRICT ONE COUNCIL REPRESENTATIVE.

YES, PERFECT.

OK, VOTE PLEASE.

MINE'S NOT LIGHTING UP.

OH, YOU GOT IT.

THANK YOU VERY MUCH, AND WE CAN INVITE THE MAYOR BACK.

THAT PASSES 3-0.

OK, WITH THAT, WE'LL MOVE ON TO THE CONSENT CALENDARS ITEMS ONE THROUGH THREE, AND

[CONSENT CALENDAR]

WE DO HAVE A SPEAKER ON ITEM ONE.

DO WE WISH TO PULL ANY OTHER ITEM? WE ARE PULLING ONE.

YES, I WANT US TO PULL ONE.

OK, SO WHO VOTED FOR THE CONSENT CALENDAR ITEMS TWO AND THREE.

THERE IT GOES, IT PASSES UNANIMOUSLY.

IT'S NOT WORKING FOR.

I HAD A MONITORING AGREEMENT WITH THE WESTERN SOLUTIONS INC.

[1. AGREEMENT WITH WESTON SOLUTIONS, INC. TO CONDUCT A BACTERIA SPECIAL STUDY IN THE AGUA HEDIONDA LAGOON – Adoption of a resolution authorizing an agreement with Weston Solutions, Inc. to provide professional services to conduct a bacteria special study in the Agua Hedionda Lagoon in an amount not to exceed $148,907. (Staff contact: James Wood, Public Works)]

CONDUCTED BACTERIAL STUDY, A SPECIAL STUDY IN THE AGUA HEDIONDA LAGOON.

AND WE DO HAVE A SPEAKER, MARIANNE VINEY.

SO MARY ANN VIERNY DISTRICT ONE CARLSBAD.

GOOD EVENING, MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS, AND I THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT.

AND WHILE UP HERE, I'D ALSO LIKE TO THANK STAFF FOR THE GOOD JOB THAT THEY CONTINUE TO DO DURING COVID.

IN FACT, IT'S VERY GOOD.

SO NOW FOR LAST SUMMER, PAIGE TICINO AND I HAD THE OPPORTUNITY TO PARTICIPATE IN THE A GUA HEDIONDA LAGOON WATER QUALITY IMPROVEMENT PLAN UPDATE.

IT WAS A PANEL DISCUSSION PROCESS AND WE REPRESENTED PRESERVE CALAVERA.

[00:25:07]

AND AS A RESULT OF THAT PUBLIC PROCESS, STAFF DEVELOPED A MONITORING PROGRAM THAT, WHEN IMPLEMENTED, WILL HELP FURTHER PROTECT AND MAINTAIN OUR CITY OF CARLSBAD'S RICH NATURAL RESOURCES AND PUBLIC HEALTH AS WELL, INCLUDING CONTACT RECREATION IN THE LAGOON.

I'D LIKE TO COMMEND STAFF FOR THEIR RESPONSIVE AND KNOWLEDGEABLE ACTIONS DURING THE PROCESS.

THEY LISTENED TO AND CONSIDERED COMMUNITY FEEDBACK, AS IS REFLECTED IN THE FINAL MONITORING PROGRAM BEFORE US TONIGHT, WHICH IS MUCH APPRECIATED.

AND THE MODERATE MONITORING PROGRAM IS EXCITING TO LOOK FORWARD TO AS WELL, AT LEAST FOR ME, AND PRESERVE CALAVERA.

ONE ITEM WE WOULD LIKE TO REQUEST OF STAFF IS CONSIDERATION OF SIGNAGE AS A METHOD FOR COMMUNICATING POTENTIALLY ELEVATED RESULTS TO THE PUBLIC.

AND WE'D LIKE TO ASK TO HAVE A RESPONSE FROM STAFF ON THAT.

SO, THANK YOU AGAIN AND KUDOS TO STAFF.

OK, MR. CHADWICK, YOU WANT TO HAVE SOMEBODY TO RESPOND TO THAT QUESTION? AND MY INITIAL QUESTION IS, WOULD COUNCIL LIKE A PRESENTATION ON THIS OR JUST BE ABLE TO RESPOND TO QUESTIONS TO INCLUDE THE SPEAKER? I THINK IT WOULD HELP THE REASON THAT I PULLED THE ITEM IF WE GOT A BRIEF PRESENTATION.

AND GIVING THAT PRESENTATION TODAY IS OUR DIRECTOR, MR. JAMIE WOODS.

THANK YOU, MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS, AS MY PRESENTATION IS COMING UP.

WE DO HAVE A VERY SHORT PRESENTATION JUST TO GIVE YOU AN INITIAL INTRODUCTION INTO WHAT THIS IS AS SOON AS THE POWERPOINT GOES AWAY.

SO THIS IS JUST FOR A PROFESSIONAL SERVICE AGREEMENT WITH WESTERN SOLUTION FOR THIS MONITORING PROGRAM IN FEBRUARY OF 2021, THE CITY OF CARLSBAD, ALONG WITH THE OTHER JURISDICTIONS, AND THE CARLSBAD WATERSHED, WHICH IS A TOTAL OF NINE JURISDICTIONS, SUBMITTED A WATER QUALITY IMPROVEMENT PLAN THAT'S BEEN UPDATED.

THIS INCLUDED A REQUIREMENT FROM THE REGIONAL BOARD TO INCLUDE WATER WATER QUALITY MONITORING FOR THE AGUA HEDIONDA LAGOON.

THERE ARE THREE JURISDICTIONS THAT FEED INTO THAT SMALLER WATER BODY, AND THAT IS CITY OF SAN MARCOS, THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD.

SO WHAT WE'RE TALKING ABOUT HERE, THE SPECIFIC CONTRACT IS JUST WITH THOSE A COST SHARE AMONG THOSE THREE AND THEN THE WORK THAT WE HAVE INCLUDED IN THIS CONTRACT WOULD MEET THE REQUIREMENTS THAT THE REGIONAL BOARD HAS SET FORTH IN THE NEW MONITORING.

THIS WOULD LOOK AT RECREATIONAL MONITORING FOR HUMAN HEALTH, PUBLIC CONTACT IN THE WATERSHED, AS WELL AS LOOKING AT THE COUNTY AND THE STATE DEPARTMENT OF PUBLIC HEALTH'S SHELLFISH MONITORING THAT'S DONE IN THE OUTER LAGOON CLOSEST TO THE OCEAN.

SO WE'D BE LOOKING AT THEIR DATA, COMPILING THAT, AS WELL AS LOOKING AT RECREATIONAL DATA FOR HUMAN HEALTH.

THIS IS JUST A SHORT BREAKDOWN OF THE ACTUAL COST OF EACH CITY.

THE TOTAL CONTRACT THAT WE'RE BRINGING FORWARD IS ONE HUNDRED AND FORTY EIGHT THOUSAND NINE HUNDRED AND SEVEN NOT TO EXCEED THIS AMOUNT.

HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED AND SEVEN DOLLARS FOR YEAR ONE.

AND THIS IS THE BREAKDOWN OF THE THREE CITIES.

THERE IS A FIVE PERCENT MANAGEMENT FEE THAT THE CITY OF CARLSBAD DOES COLLECT SINCE WE DO HOLD THE CONTRACTS.

SO THE OTHER TWO JURISDICTIONS WILL PAY INTO THAT TO HELP FOR THE MANAGEMENT COST OF MANAGING THIS CONTRACT.

AND THEN THE RECOMMENDATION TONIGHT IS TO ADOPT A RESOLUTION AUTHORIZING THE AGREEMENT WITH WESTERN SOLUTIONS TO PROVIDE THE SERVICES TO CONNECT THE BACTERIA SPECIAL STUDY IN THE LAGOON OF HEDIONDA LAGOON FOR AN AMOUNT NOT TO EXCEED OF ONE HUNDRED AND FORTY EIGHT THOUSAND NINE HUNDRED AND SEVEN DOLLARS.

I'M HAPPY TO ANSWER ANY QUESTIONS.

OK, ANY QUESTIONS? YES, COUNCIL MEMBER ACOSTA? : THANK YOU AND I'M SO GLAD THAT WE HAVE THIS PROGRAM AND THAT STAFF DEVELOPED THIS PROGRAM AND THAT WE'RE DOING WATER QUALITY MONITORING IN OUR LAGOON, ONE OF THREE LAGOONS.

BUT ALL OF OUR LAGOONS ARE SO IMPORTANT TO OUR COMMUNITY.

AND I'M REALLY GLAD THAT WE'RE DOING THIS.

MY QUESTION WAS REALLY JUST ABOUT WHAT I READ IN THE STAFF REPORT.

AND IT WAS ABOUT HOW WE DO OUR CONTRACT, HOW WE SELECTED THE CONTRACTOR, THE CONSULTANT WHO'S GOING TO BE DOING THE WATER SAMPLING AND THE MONITORING AND THE COST.

BECAUSE I SAW THAT THERE WAS A WHAT LOOKED TO ME TO BE LIKE A STEEPER INCREASE OF 10 PERCENT PER YEAR FOR THAT, FOR EACH OF THE FIVE YEARS OR SO, ALTHOUGH IT LOOKS LIKE ONE

[00:30:01]

HUNDRED FORTY EIGHT THOUSAND NINE HUNDRED SEVEN DOLLARS EACH YEAR, IT COULD INCREASE BY 10 PERCENT FOR THE NEXT SEVERAL YEARS.

SO IT JUST SEEMED LIKE A STEEP INCREASE.

AND I'M WONDERING IF THAT'S BECAUSE OF A SPECIFIC REASON.

SO THE REASON FOR THAT IS THE, THIS IS REALLY AN ITERATIVE PROCESS.

SO UNTIL WE DO THE MONITORING, WE DON'T KNOW WHAT WE HAVE.

SO ONCE WE DO TESTING, WE MAY HAVE TO RE SAMPLE, WE MAY HAVE TO DO ADDITIONAL SOMETHING.

SO THE ORIGINAL PLAN WILL BE LAID OUT.

AND THE PLAN THAT WE, THAT THE WESTERN SOLUTIONS WILL ASSIST THE CITIES WITH IS TO BASICALLY CREATE A GRID OVER THE LAGOON AND THEN SAMPLE AND ALL OF THOSE SPOTS IN THE GRID SO THAT WE KIND OF KNOW WHAT THE WATER QUALITY IS THROUGHOUT THE LAGOON BECAUSE MORE SHALLOW WATER IS DIFFERENT THAN THE DEEPER WATER.

SO WE WANT TO KNOW WHAT THE ENTIRE LAGOON LOOKS LIKE, WHAT THE RESULTS OF TESTING OF ALL OF THOSE AREAS ARE.

ONCE WE DO THOSE, THERE MAY BE ADDITIONAL SAMPLING THAT IS NEEDED IN CERTAIN AREAS AND WE WON'T KNOW THAT UNTIL FUTURE YEARS.

AND THERE'S ADDITIONAL COSTS.

THE COST OF MONITORING INCREASES RAPIDLY EACH YEAR.

SO THAT'S ALSO PART OF THE NEED FOR THE 10 PERCENT.

THIS 10 PERCENT IS NOT A GUARANTEE.

THIS WOULD BE LOOKED AT EACH YEAR WITH THE CONTRACT AND IT HAS TO BE AGREED UPON BY WESTERN AND ALL THREE CITIES.

SO IT WOULDN'T BE JUST AN AUTOMATIC 10 PERCENT THAT'S ADDED EACH YEAR.

IT WOULD ONLY BE IF NECESSARY, IF IT'S NEEDED TO ACCOMPLISH THE REQUIREMENTS THAT WE'RE DOING.

IT ALSO WOULD INCLUDE CONTINUAL WORK WITH THE REGIONAL BOARD.

SO IF THEY FEEL THAT AREAS, FOR INSTANCE, NEAR THE YMCA OR NEAR CERTAIN AREAS WHERE THERE'S ADDITIONAL PUBLIC PEOPLE SWIMMING OR CONTACT WITH THE WATER, THEY MAY WANT MORE SAMPLING THERE.

WE'RE NOT GOING TO KNOW THAT UNTIL WE START THAT MONITORING.

SO THAT WAS THE REASON FOR THAT INCREASE JUST SO THAT WE DON'T HAVE TO COME BACK EACH YEAR WITH A AN ADDITION, WE JUST WANTED TO CAP IT, BUT GIVE OURSELVES ENOUGH THAT SOME YEARS IT MIGHT BE MORE, SOME LESS IF WE JUST DON'T KNOW WHETHER IT COULD ALSO PLAY INTO THAT AS WELL.

GREAT, GREAT.

I WAS LOOKING AT THE MATH ON THAT AND IT JUST SEEMED LIKE A PRETTY STEEP INCREASE WHEN YOU LOOK AT 10 PERCENT AND THEN 10 PERCENT ON TOP OF THAT AND THEN 10 PERCENT ON TOP OF THAT.

AND YOU'RE AT TWO HUNDRED TWENTY THOUSAND PLUS.

RIGHT, RIGHT.

SO WAS THAT SOMETHING THAT ALL OF THE RESPONDENTS TO OUR BID HAD? I MEAN, DID WE GO OUT TO BID AND EVERYBODY HAD THE SIMILAR KIND OF? YES, IT WAS PART OF THE RFP THAT WOULD BE A, THERE WOULD BE AN INCREASED PART AND THAT WAS NEGOTIATED AS PART OF THIS CONTRACT.

PER YEAR.

OK, OK.

YEAH, I MEAN, I KNOW THAT PART OF OUR JOB AS COUNCIL MEMBERS HERE IS TO BE GOOD FISCAL STEWARDS AND TO WATCH OUT FOR TAXPAYER MONEY.

SO I JUST WHEN I SAW THAT AND I HAVE MY OWN BUSINESS AND I HAVE SEEN INCREASES BUILT IN, ESCALATORS BUILT IN, BUT I WAS A LITTLE BIT CONCERNED ABOUT THE BIG JUMPS THAT IT APPEARED TO ME THAT WE HAD.

BUT FOR A SPECIALIZED AREA AND A PARTICULAR EXPERTISE LEVEL, I CAN SEE HOW THAT WOULD BE DIFFERENT.

SO THOSE WERE MY QUESTIONS.

ANY OTHERS? DOCTOR? YEAH.

DIDN'T WE HAVE AN OPPORTUNITY TO ADDRESS THE SPEAKER'S QUESTIONS? SO FOR NOTIFICATION, YES.

SO WE WILL AS WE DEVELOP THIS ACTUAL, THE ACTUAL PROCESS OF MONITORING WHAT'S GOING TO HAPPEN EACH YEAR, HOW MUCH WE'LL BE DOING EACH YEAR, WHERE WE WILL LOOK AT AND WE CAN WORK WITH, WE'LL CONTINUE TO STAY IN CONTACT WITH PRESERVE CALAVERA AND THE FOLKS THAT PROVIDED THE INPUT INITIALLY, ALONG WITH THE REGIONAL BOARD, TO DETERMINE HOW BEST TO DO THAT AND TO DO THE NOTIFICATIONS.

CURRENTLY, THE DH WILL POST THE BEACH, IF THERE IS ANY SAMPLING, MONITORING, BACTERIA MONITORING THAT IS ABOVE A LEVEL, THERE IS NO PROCESS FOR THAT IN THE LAGOON.

WE WOULD HAVE TO ALSO CONTACT THE BUSINESS OWNERS THERE THAT, YOU KNOW, ARE USING IT.

AND THEN THERE HAS TO BE A DETERMINATION OF WHAT THAT LEVEL IS THAT NEEDS TO BE POSTED.

SO ALL OF THOSE WILL BE THINGS WE WOULD HAVE TO WORK THROUGH AND DETERMINE A PROCESS FOR IF WERE TO DO THAT.

BUT WE WOULD BE HAPPY TO WORK WITH THE REGIONAL BOARD AND ALSO WE CAN STAY IN CONTACT WITH PRESERVED CALAVERA AND THOSE THAT WERE INVOLVED IN PROVIDING THAT AND DETERMINE HOW BEST TO DO THAT.

OK, MOTION? MOVE APPROVAL OF CONSENT CALENDAR ITEM NUMBER ONE.

SO ITEM ONE PASSES UNANIMOUSLY.

[4. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE SECTION 10.40.046 TO RESTRICT OVERNIGHT PARKING ON AVENIDA ENCINAS – 1) Introduction of an ordinance amending Section 10.40.046 of the Carlsbad Municipal Code to establish no parking zones along both sides of portions of Avenida Encinas, Macadamia Drive and Raintree Drive between the hours of 11 p.m. and 5 a.m.; and 2) Adoption of a resolution authorizing an appropriation of $17,100 from City Council Contingency to the Police Department’s Operating Budget for the cost of producing and installing no parking signs on Avenida Encinas to reflect the amendments to Title 10, Chapter 10.40, Section 10.40.046 of the Carlsbad Municipal Code. (Staff contact: Steve Thomas, Police Department and Allegra Frost, City Attorney’s Office) City Manager’s Recommendation: Introduce the ordinance and adopt the resolution.]

ORDINANCES FOR INTRODUCTION ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE SECTION

[00:35:10]

10.40.046 TO RESTRICT OVERNIGHT PARKING ON AVENIDA ENCINAS.

MR. CHADWICK.

YOU WANT TO MAKE THE INTRODUCTION? YES, SIR.

IN MAKING THE PRESENTATION TODAY IS DEPUTY CITY ATTORNEY ALLEGRA FROST, AS WELL AS OUR POLICE DEPARTMENT LIEUTENANT STEVE THOMAS .

AN OVERVIEW THE CITY HAS RECEIVED SEVERAL COMPLAINTS REGARDING VEHICLES AND MOTOR HOMES IN THE 6900 BLOCK.

CAN WE GET YOU JUST A LITTLE CLOSER TO THE MIC, YOU'RE A LITTLE WEAK.

THERE YOU GO.

ALL RIGHT.

THE CITY HAS RECEIVED SEVERAL COMPLAINTS REGARDING VEHICLES AND MOTOR HOMES IN THE 6900 BLOCK OF AVENIDA ENCINAS NEAR THE WATERS END COMMUNITY, WHICH IS JUST NORTH OF POINSETTIA.

VEHICLES AND MOTOR HOMES ARE PARKED FOR DAYS AT A TIME AND INDIVIDUALS LEAVE TRASH AND DUMP GRAY WATER ON THE STREET.

ON MAY 11TH, 2021, A MINUTE MOTION WAS MADE TO APPROVE, THE MINUTE MOTION WAS APPROVED BY CITY COUNCIL THAT REQUEST STAFF TO BRING BACK OPTIONS ON HOW TO RESTRICT OVERNIGHT PARKING LOT AVENIDA ENCINAS AND THE SURROUNDING AREAS.

CURRENTLY, THE CITY OF CARLSBAD HAS NO RESTRICTIONS FOR OVERNIGHT PARKING ON AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE TO INCLUDE MACADAMIA DRIVE AND RAINTREE DRIVE.

RECENT CHANGES ON DECEMBER 9TH, 2020, THE CITY PAINTED SPACE MARKINGS AND INSTALLED SIGNAGE LIMITING OVERSIZED VEHICLES FROM PARKING ON THE WEST AND EAST CURB LINES OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA COASTER STATION.

ON JUNE 9TH, 2021, THE CITY PAINTED SPACE MARKINGS INSTALLING SIGNAGE LIMITING OVERSIZED VEHICLES FOR PARKING ON THE WEST AND EAST CURB LINES THAT AVENIDA ENCINAS FROM POINSETTIA COASTER STATION TO POINSETTIA LANE AND ALSO ALONG MACADAMIA DRIVE AND RAINTREE DRIVE.

ALL THE BUSINESSES AND HOMEOWNERS ASSOCIATIONS AFFECTED BY THE PROPOSED ORDINANCE CHANGE WERE CONTACTED BY STAFF ALL SUPPORTED RESTRICTING OVERNIGHT PARKING ON AVENIDA ENCINAS, MACADAMIA DRIVE, AND RAINTREE DRIVE.

THE OPTIONS THAT STAFF CAME UP WITH, OPTION NUMBER ONE, GOING TO INTRODUCE AN ORDINANCE AMENDING SECTION 10.40.046 OF THE CARLSBAD MUNICIPAL CODE TO ESTABLISH NO PARKING ZONES BETWEEN 11:00 P.M.

AND 5 A.M.

ON THE WEST AND EAST CURB LINES OF THAT, AVENIDA ENCINAS FROM THE 6511 AVENIDA ENCINAS, WHICH IS THE TRAIN STATION ENTRANCE SOUTH TO POINSETTIA LANE, MACADAMIA DRIVE AND RAINTREE DRIVE.

THE PROS TO OPTION NUMBER ONE, IT WOULD ELIMINATE OVERNIGHT PARKING IN THE AREA OF CONCERN RAISED BY THE HOMEOWNER'S ASSOCIATION AND LIKELY REDUCE LITTERING AND ILLEGAL DUMPING IN THE AREA.

THE CONS WOULD BE IT MAY INCREASE VEHICLE PARKING IN FRONT OF THE WASTEWATER TREATMENT PLANT THAT IS LOCATED NORTH OF AVENIDA ENCINAS.

OPTION NUMBER TWO IS TO INTRODUCE AN ORDINANCE AMENDING SECTIONS 10.40.046, THE CARLSBAD MUNICIPAL CODE TO ESTABLISH NO PARKING ZONES BETWEEN 11:00 P.M.

AND 5 A.M.

ON THE WEST AND EAST CURB LINES OF AVENIDA ENCINAS FROM PALOMAR AIRPORT ROAD SOUTH TO POINSETTIA LANE, MACADAMIA DRIVE AND RAINTREE DRIVE.

THE PROS ON THIS, IT WOULD OFFER THE SAME BENEFITS AS OPTION ONE WOULD COVER A LONGER STRETCH OF AVENIDA ENCINAS AS WELL AS THE AREA OF CONCERN RAISED BY THE HOMEOWNERS ASSOCIATION AND THE CONS WOULD BE VEHICLES MIGHT RELOCATE TO OTHER NEIGHBORHOODS.

AND NUMBER THREE, OPTION NUMBER THREE IS MAKE NO AMENDMENTS TO THE MUNICIPAL CODE ORDINANCE THAT WOULD PROHIBIT OVERNIGHT PARKING AND APPROACH TO THIS WILL NOT DISPLACE ANYONE IN THE COMMUNITY THAT CAUSES, IT DOES NOT ADDRESS THE COMMUNITY CONCERNS.

THE FISCAL ANALYSIS FOR OPTION NUMBER ONE WOULD REQUIRE 42 SIGNS AT THREE HUNDRED DOLLARS PER SIGN.

THAT'S THE MAKING OF THE SIGNS AND THEN STALLING THE SIGNS AT A TOTAL COST OF TWELVE THOUSAND SIX HUNDRED DOLLARS.

OPTION NUMBER TWO WOULD REQUIRE 57 SIGNS AT THREE HUNDRED DOLLARS A SIGN COMES OUT TO SEVENTEEN THOUSAND ONE HUNDRED DOLLARS.

AND OPTION NUMBER THREE, THERE WOULD BE NO COST.

THIS ITEM WAS PRESENTED TO THE MUNICIPAL CODE SUBCOMMITTEE ON JUNE 28TH, AND AT THE SUBCOMMITTEE MEETING, STAFF EXPLAINED OPTIONS ONE AND TWO.

[00:40:03]

THE SUBCOMMITTEE ULTIMATELY RECOMMENDED OPTION TWO.

AND BASED ON THAT RECOMMENDATION, WE PREPARED AN ORDINANCE FOR COUNCIL'S CONSIDERATION TONIGHT, WHICH WOULD IMPLEMENT OPTION TWO.

THERE'S ALSO A CORRESPONDING RESOLUTION TO APPROPRIATE THE FUNDING NEEDED TO INSTALL THE SIGNAGE FOR OPTION TWO.

HOWEVER, COUNCIL PREFERS OPTION ONE OR SOME VARIATION, AND WE WOULD JUST BRING THAT BACK AT A FUTURE COUNCIL MEETING.

AND STAFF RECOMMENDATION STAFF DO NOT HAVE A RECOMMENDATION ON THIS OPTION, OPTIONS ONE AND TWO BOTH ADDRESS THE CONCERNS RAISED BY THE COMMUNITY.

AND THAT'S ALL WE HAVE FOR THE PRESENTATION.

AND DO WE HAVE SPEAKERS ON THIS? OK, QUESTIONS.

MR. BLACKBURN?" LIEUTENANT, IS IT ACCURATE TO SAY THAT EVEN THE BUSINESSES SUPPORTED THIS NO PARKING OPTION? IS THAT ACCURATE? YEAH, ALL THE HOTELS AND EVERYBODY WHO'S DOWN THERE.

ALL THE BUSINESSES, THE RESTAURANTS AND THE CAR DEALERSHIPS ALL SUPPORTED THIS, YES.

AND NONE OF THEM DIDN'T SUPPORT IT? CORRECT.

WOW.

GREAT.

MOTION? SURE, IF I COULD MAKE COMMENTS.

ARE YOU OK? OH, GOOD.

YEAH, I JUST WANT TO SAY THANK YOU FOR PUTTING THIS TOGETHER.

I KNOW THAT WHEN WE HAD THE TOWN HALL DOWN THERE AT WATERS AND COMMUNITY, WE HAD HEARD A LOT OF FEEDBACK AROUND THIS.

SO REALLY APPRECIATE HOW QUICKLY THIS HAS BEEN TURNED AROUND.

AND I KNOW THAT FOLKS ARE DEFINITELY GOING TO BE VERY EXCITED ABOUT SEEING THIS IMPLEMENTED.

SO DEFINITELY WANT TO COMMEND OUR STAFF FOR MOVING THIS ALONG AND MAKING SURE WE CAN GET THIS SITUATED.

OTHER COMMENTS, YES, COUNCIL MEMBER ACOSTA? YES, THANK YOU, I REMEMBER WHEN WE FIRST WERE TALKING ABOUT BRINGING THIS TO THIS COUNCIL MEETING OR TO A FUTURE COUNCIL MEETING, AND THERE WAS A LOT OF THERE WAS A LOT OF COMMUNITY INTEREST SIMILAR TO WATERS.

AND I JOINED MAYOR PRO TEM BLACKBURN AT LAKESHORE GARDENS FOR COMMUNITY MEETING ABOUT PUBLIC SAFETY AND ABOUT WHAT WAS HAPPENING ON AVENIDA ENCINAS.

AND IT WAS THE SAME KIND OF THING, JUST WIDESPREAD SUPPORT FOR MAKING SURE THAT THERE WAS NOT OVERNIGHT PARKING RV OVERNIGHT PARKING WAS A REAL PROBLEM.

SO I WAS GLAD TO SEE ALL OF THE LETTERS IN THE STAFF REPORT AND INCLUDED IN THE AGENDA PACKET.

AND I APPRECIATE THIS.

I SUPPORT THIS OPTION TWO.

MR. BLACKBURN? ON SLIDE NUMBER ONE.

LIEUTENANT, YOU SAID SEVERAL COMPLAINTS, WHILE THAT'S AN UNDERSTATEMENT.

WE'VE GOTTEN TONS AND TONS OF COMPLAINTS.

THE MUNICIPAL CODE SUBCOMMITTEE DOESN'T ALWAYS AGREE ON EVERYTHING.

BUT IN THIS PARTICULAR ONE, THIS WAS IN AND OUT IN A MOMENT.

THIS WAS A NO BRAINER.

AND IT WAS ALSO VERY IMPORTANT THAT IT GET DONE BEFORE THE PEAK OF SUMMER.

SO THANK YOU FOR THE EFFORTS YOU GUYS PUT INTO IT TO GET IT DONE SO QUICKLY.

AND SINCE THIS IS AN EFFORT THAT ORIGINALLY WAS SPEARHEADED BY COUNCIL MEMBER BHAT-PATEL, I THINK SHE SHOULD MAKE THE MOTION.

THANKS, MAYOR PRO-TEM .

YEAH, SO I WOULD LIKE TO MAKE THE MOTION FOR OPTION TWO, WHICH IS WHAT I KNOW WE HAD PREPARED TODAY WITH THE RECOMMENDATION TO MAYBE HAVE A REPORT OUT AS TO HOW IT'S GOING IN THE NEXT SIX MONTHS.

I KNOW I TALKED ABOUT THAT WITH THE CITY ATTORNEY AND CITY MANAGER.

SO THAT WOULD BASICALLY BE MY MOTION IF I CAN GET A SECOND.

IF I COULD TITLE THE ORDINANCE.

THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 10.40.046 OF THE CARLSBAD MUNICIPAL CODE TO ESTABLISH NO PARKING ZONES ALONG BOTH SIDES OF PORTIONS OF AVENIDA ENCINAS, MACADAMIA DRIVE AND RAINTREE DRIVE BETWEEN THE HOURS OF 11:00 P.M.

AND 5 A.M..

WE HAVE BOTH AN ORDINANCE BEFORE YOU AND A RESOLUTION.

MOVE, THE ORDINANCE AND RESOLUTION AS RECITED BY THE CITY.

MOVING ON, WE HAVE NO ORDINANCES FOR ADOPTION, PUBLIC HEARINGS.

IT PASSES UNANIMOUSLY.

WE DO NOT HAVE ANY PUBLIC HEARINGS.

[6. CONSIDERATION OF INFORMATION RELATED TO ACQUISITION OF THE PROPERTY LOCATED AT 3140 HIGHLAND DRIVE, MORE COMMONLY KNOWN AS THE CULVER-MYERS-CAPP HOUSE – Receive a report in response to the City Council’s June 15, 2021, direction for staff to present a report for City Council discussion regarding acquisition of the Culver-Myers-Capp house as a historical site and provide direction to staff as appropriate. (Staff contact: Jeff Murphy, Community Development) City Manager’s Recommendation: Receive the report and provide direction as appropriate.]

SO WE'LL MOVE TO ITEM SIX CONSIDERATION OF INFORMATION RELATED TO ACQUISITION OF PROPERTY LOCATED AT 3140 HIGHLAND DRIVE, MORE COMMONLY KNOWN AS THE CULVER-MYERS-CAPP HOUSE.

MR. CHADWICK.

YES, SIR, AND MAKING OUR PRESENTATION TODAY IS OUR REAL ESTATE MANAGER, MR. CURTIS JACKSON.

HONORABLE MAYOR, COUNCIL MEMBERS, I AM HERE TONIGHT ON A DISCUSSION OF THE CULVER-MYERS-CAPP HOUSE, WHICH IS LOCATED AT 3140 HIGHLAND DRIVE.

[00:45:07]

AND WE'RE HERE TO HAVE YOU RECEIVE A REPORT IN RESPONSE TO COUNCIL'S JUNE 15TH DIRECTION TO STAFF TO PRESENT A REPORT TO CITY COUNCIL REGARDING THE ACQUISITION OF THE CULVER- MYERS-CAPP HOUSE AS A HISTORICAL SITE AND TO PROVIDE DIRECTION TO STAFF AS APPROPRIATE.

SO QUICKLY FOR SOME PROPERTY INFORMATION, THE CULVER-MYERS-CAPP HOUSE, WHICH I'LL CALL "THE PROPERTY" FROM NOW ON TO SAVE SOME TIME, IS LOCATED ON ONE POINT TWO SEVEN ACRES ON THE CORNER OF HIGHLAND DRIVE AND OAK AVENUE.

IT'S ZONED FOR SINGLE FAMILY RESIDENTIAL, UP TO 10000 SQUARE FEET, AND ITS GENERAL PLAN IS R-4, WHICH ALLOWS ZERO TO FOUR DWELLING UNITS PER ACRE.

IT WAS ORIGINALLY CONSTRUCTED IN 1888 WITH REMNANT PIECES FROM THE TWIN INNS BUILDINGS IN THE DOWNTOWN VILLAGE.

THE HOME IS TWO THOUSAND NINE HUNDRED FIFTY EIGHT SQUARE FEET.

BUT AS YOU CAN SEE FROM THIS AERIAL, THERE IS AN ADDITIONAL CARRIAGE HOUSE AND SOME OTHER STRUCTURES AS WELL.

THE HOUSE HAS FOUR BEDROOMS AND THREE BATHROOMS. AND A BIT OF HISTORY ON THIS ITEM, ON JANUARY 8TH, THE OWNER SENT A LETTER TO CITY COUNCIL TO CONSIDER PURCHASE OF THE PROPERTY.

ON JANUARY 11TH, RIGHT AFTER THE OWNERS SOUGHT SUPPORT FROM THE HISTORIC PRESERVATION COMMITTEE TO SUPPORT A CITY PURCHASE.

ONE DAY LATER, ON JANUARY 12, OWNERS REQUESTED CITY COUNCIL TO CONSIDER PURCHASING THE PROPERTY DURING PUBLIC COMMENT.

ON JANUARY 28TH, CITY STAFF SUBMITTED A MEMORANDUM PROVIDING GENERAL INFORMATION ON THE PROPERTY, AS WELL AS FINANCIAL OPTIONS AND LIMITATIONS.

ON APRIL 15TH, THE HISTORIC PRESERVATION COMMISSION SUBMITTED A LETTER TO THE CITY COUNCIL.

AS PART OF THAT, ON APRIL 30TH, STAFF SUBMITTED ANOTHER MEMORANDUM TO CITY COUNCIL, WHICH RELAYED THE APRIL 15TH HISTORIC PRESERVATION COMMISSION LETTER TO THE CITY COUNCIL AND THEN THEREAFTER, ON MAY 15TH, THE PROPERTY WAS LISTED FOR SALE FOR TWO MILLION, NINE HUNDRED AND NINETY FIVE THOUSAND DOLLARS.

AND ON JUNE 15TH, COUNCIL APPROVED THE MINUTE MOTION DIRECTING STAFF TO PRESENT A REPORT ON THE PROPERTY.

SO WE'VE BEEN DEALING WITH THIS ALL OF 2021.

NOW I WANT TOUCH ON FOUR FINANCIAL CONSIDERATIONS AND ACQUISITION OR ACQUIRING THE PROPERTY FIRST, THE PROPERTY IS SUBJECT TO PROP H, WHICH WAS APPROVED IN 1982 VIA A MEASURE AND IS ALSO CODIFIED IN THE MUNICIPAL CODE, WHICH PROHIBITS THE CITY FROM SPENDING MORE THAN ONE MILLION DOLLARS OF GENERAL FUNDS ON REAL PROPERTY.

FURTHERMORE, IN 1986, ON DECEMBER 22ND, THE CITY COUNCIL DESIGNATED SPECIFIC SITES LOCATED WITHIN THE CITY AS POINTS OF HISTORICAL INTEREST, INCLUDING THE CULVER-MYERS-CAPP HOUSE, THE HISTORICAL SITE DESIGNATION DID NOT INCLUDE A PLAN OR FUNDING FOR THE ACQUISITION.

ADDITIONALLY, THE GROWTH MANAGEMENT PROGRAM, PARKS AND RECREATION, MASTER PLAN AND STRATEGIC ACTION PLAN THOSE PLANS, THE NORTHWEST QUADRANT HAS A SURPLUS OF FOURTEEN POINT TWO ACRES AND THERE IS NO DEFICIT PROJECTED AT BUILD-OUT OF PARK LAND.

ACQUISITION OF THE PROPERTY WAS NOT INCLUDED IN THE APPROVED MASTER PLAN AND ACTION PLAN AS WELL.

AND THEN IN THE 2017 REAL ESTATE STRATEGIC PLAN, WHICH COVERED TWENTY TWO PROPERTIES, THIS PROPERTY WAS NOT INCLUDED AT ALL.

THE HISTORICAL COMMITTEE RECOMMENDATION HIGHLIGHTS THE FACT THAT BETWEEN 1986 AND 1990, 19 PROPERTIES WERE APPROVED FOR HISTORIC DESIGNATION.

OF THOSE 19, THERE'S ONLY 13 THAT REMAIN.

THE CULVER-MYERS-CAPP HOUSE WAS INCLUDED IN THE ORIGINAL 19 PROPERTIES.

AT THE MARCH 08, 2021 HISTORIC PRESERVATION COMMITTEE MEETING, THE PROPERTY WAS DISCUSSED AND THEY THEREAFTER SENT THEIR LETTER TO THE CITY COUNCIL, WHICH IMPLORED THE CITY COUNCIL TO CONSIDER ADOPTING THE MILLS ACT TO ALLOW THE PROPERTY OWNERS TO PROTECT THE PROPERTY.

IT WOULD PROVIDE A TAX INCENTIVE FOR THE PROPERTY OWNER AND PROVIDE AT LEAST 10 YEARS PROTECTION FROM THE EXTERIOR OR THE ENTIRE PROPERTY FROM BEING DEMOLISHED.

AND THEY ALSO REQUESTED FROM THE CITY COUNCIL TO REAFFIRM THE 13 REMAINING HISTORIC DESIGNATIONS AS LANDMARKS, HISTORIC SITES OR POINTS OF INTEREST.

OUR NEXT STEPS, AS WE HAVE NO CURRENT MARCHING ORDERS, WOULD BE TO PROCEED AS DIRECTED BY THE CITY COUNCIL.

AND AGAIN, OUR ACTION HERE IS FOR COUNCIL TO RECEIVE A REPORT AND PROVIDE DIRECTION TO STAFF AS APPROPRIATE, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

OK, BEFORE WE HAVE QUESTIONS, DO WE HAVE SPEAKERS? WE DO, MAYOR.

WE HAVE TWO SPEAKERS.

THE FIRST ONE IS GARY N..

FOLLOWED BY CHAD MAJOR.

[00:50:14]

I THINK I ACTUALLY CHECKED, I KNOW THAT I DID NOT WANT TO SPEAK, BUT I WILL GO AHEAD AND SAY WE'D LIKE TO SEE THIS PROPERTY PRESERVED AND START MOVING FORWARD MORE QUICKLY ON SOME ACTION TO SAVE IT IN SOME WAY.

AND I'VE WRITTEN A LETTER TO SUGGEST WAYS WE COULD SAVE IT, WHICH INCLUDED MOVING THE HOUSE TO ANOTHER LOCATION RATHER THAN JUST BUYING IT AND PLACING A RESTRICTION ON THE PROPERTY SO THAT IF THEY SPLIT IT INTO SEVERAL LOTS OF COMMON PRACTICE WOULD BE TO SELL IT TO THE CITY FOR A DOLLAR AND THEN WE WOULD PAY TO MOVE IT TO ANOTHER SITE.

I HAD ALREADY CONTACTED THE PARKS AND REC DIRECTOR TO SUGGEST THAT IT COULD GO TO MAGEE PARK AND THAT IT WOULD FIT THERE, SO THAT WOULD BE OUR HISTORIC PARK.

SO IF WE DIDN'T WANT TO PURCHASE AND KEEP IT WHERE IT IS, WHICH WOULD BE A VERY GOOD THING TO DO, THEN THAT'S AN ALTERNATIVE WE COULD DO.

GOOD EVENING COUNCIL, MAYOR HALL, MY NAME IS CHAD MAJOR, I'M THE HISTORIC PRESERVATION COMMISSION CHAIRMAN, BUT I'M HERE SPEAKING ON MY OWN BEHALF.

CHAD MAJOR.

I'M ALSO RECUSED ON THIS ITEM AS IT PERTAINS TO THE HISTORIC PRESERVATION COMMISSION BECAUSE OF THE PROXIMITY OF MY HOUSE TO THE PROPERTY.

I LIVE DIRECTLY ACROSS THE STREET AT 3145 HIGHLAND DRIVE.

BUT I'M HERE TO SPEAK IN FAVOR OF THE CITY PURCHASING THE PROPERTY AND PRESERVING IT IN SOME WAY, PREFERABLY A PARK.

YOU KNOW, I THINK, IN MY OPINION, AS THE HISTORIC PRESERVATION COMMISSION CHAIRMAN, IT'S THE MOST HISTORIC RESIDENTIAL PROPERTY IN THE CITY.

IT'S IN A WONDERFUL LOCATION TO BE ABLE TO PRESERVE IT AND USE IT AS A PUBLIC SPACE AS IT IS ONE POINT TWO SEVEN ACRES.

IT'S ON THE CORNER.

IT'S ON HIGHLAND AND OAK, WHICH IS A BIGGER INTERSECTION.

IT'S NEAR A LOT OF SCHOOLS.

IT'S NEAR HERE.

IT IS OFFERED IT CLOSE TO THREE MILLION DOLLARS, BUT IT WAS ORIGINALLY OFFERED TO THE CITY FOR TWO AND A HALF MILLION DOLLARS, I'M IN CLOSE CONTACT WITH THE FAMILY AS WELL AS THE REALTOR.

SO I BELIEVE THEY WOULD BE OPEN TO AN OPTION, WHICH I THINK MS. BREWER COULD EXPLAIN BETTER, BUT AN OPTION TO BUY WHILE WE LEASE BACK THE PROPERTY AS A TRIPLE NET LEASE.

SO WE'D ASSUME MAINTENANCE, INSURANCE AND PROPERTY TAXES UNTIL THE CITY COULD VOTE ON ACQUISITION OF THE PROPERTY IS WHAT I'D BE IN FAVOR OF.

BUT ALSO GARY'S IDEAS OF MOVING THE HOUSE WOULD BE A SECONDARY OPTION.

BUT THE POSSIBILITIES ON THAT PROPERTY ARE QUITE EXQUISITE.

IF YOU'VE BEEN TO THE HOUSE, YOU KNOW WHAT I'M TALKING ABOUT.

IT LOOKS A LITTLE ROUGH ON THE OUTSIDE AT THE MOMENT, BUT ON THE INSIDE, IT'S VERY WELL PRESERVED.

IT'S A TIME MACHINE.

IT'S ALL GOT PERIOD ANTIQUES THAT WOULD GO WITH THE PROPERTY.

EVERYTHING FROM THE FIXTURES TO THE WALLPAPER TO THE TOILETS ARE ALL, YOU KNOW, ONE HUNDRED YEARS OLD.

AND IT COULD EASILY BE PRESERVED.

AND THE FACT THAT IT WAS BUILT BY MR. CULVER, WHO BUILT THE TWIN INNS AND THEY LITERALLY SAID THAT HE WOULD SAW A PIECE OF WOOD IN HALF WITH HAND TOOLS BECAUSE THEY DIDN'T HAVE ELECTRIC TOOLS BACK THEN.

HE WOULD USE HALF THE PIECE OF WOOD ON THAT HOUSE AND HALF THE PIECE OF WOOD ON THE TWIN INNS.

IT WAS BUILT WITH WOODEN NAILS, ALL WITH HAND TOOLS.

SO IT'S PRETTY HISTORIC.

SO I'LL WRAP IT UP THERE.

OK, THAT'S IT FOR SPEAKERS.

I ASKED ACTUALLY HAVE THIS PUT ON THE AGENDA AND IT WAS ONLY AND I'M NOT ONE FOR REALLY GOING OUT AND ACQUIRING REAL ESTATE ON BEHALF OF THE CITY.

BUT IF YOU HAVEN'T BEEN INSIDE THAT HOUSE, YOU'RE LITERALLY WALKED BACK 100 YEARS IN OF ALL THE PROPERTIES THAT I VIEWED WITHIN THE COMMUNITY, IF THERE WAS EVER ONE WHERE YOU WANTED TO PRESERVE THE HISTORY OF THIS CITY IN ACCORDANCE WITH THE TWIN INNS, THIS IS THAT PIECE OF PROPERTY.

SO I UNDERSTAND THAT THE PROP H VOTE, I WOULD HOPE AND THINK THAT PERHAPS SOMEHOW IN THE CITY WE COULD FIGURE OUT A WAY IN CONJUNCTION WITH THE CITY WHETHER IT IS TO BUY THE PROPERTY OR JUST MOVE THE HOUSE.

I REALLY THINK WE NEED TO TAKE SOME SORT OF EFFORT OR AT LEAST GIVE THE HISTORIC COMMISSION A CHANCE TO MAKE RECOMMENDATIONS TO INCLUDE MOVING IT TO THE MAGEE PROPERTY.

SO, YOU KNOW, IF YOU HAVEN'T WALKED THROUGH THE HOME, I WOULD REALLY INVITE YOU TO

[00:55:03]

TAKE THE OPPORTUNITY TO DO THAT.

THAT WILL PROBABLY MAKE ALL THE DIFFERENCE IN THE WORLD ABOUT HOW YOU THINK ABOUT THIS PIECE OF PROPERTY.

SO THOSE WOULD BE MY OPENING COMMENTS.

BUT I WOULD IF THERE ISN'T AN ENERGY TO DO THIS, THEN I WILL UNDERSTAND THAT, TOO.

BUT I FELT IT SO IMPORTANT AFTER I VIEWED THE PROPERTY THAT I SAID WE LEAST HAVE TO HAVE A DISCUSSION ON THE DAIS ABOUT THIS.

SO WITH THAT, I'M OPEN TO YOUR THOUGHTS ON THIS.

COUNCIL MEMBER ACOSTA, IF YOU'D LIKE TO BEGIN.

I ACTUALLY, PROBABLY HAVE SOME QUESTIONS FOR STAFF.

PLEASE, PLEASE BEGIN WITH YOUR QUESTIONS.

SO WHEN YOU TALKED ABOUT THE INVENTORY THAT THE CITY PREVIOUSLY DID OF PROPERTY THAT WE WANTED TO ACQUIRE AND THIS WASN'T INCLUDED, BUT THEN IN THE STAFF REPORT ALSO, IT MENTIONS THAT IT WAS ADDED LATER.

YOU EXPLAIN WHAT THE HISTORIC DESIGNATION IT SAID, BUT IT DIDN'T HAVE A HISTORIC DESIGNATION AT THAT TIME.

WHAT DOES THAT MEAN? I'M GOING TO HAND IT OFF TO SOMEONE BETTER SITUATED TO ANSWER.

GOOD EVENING, MAYOR AND COUNCIL, I'M SUZANNE SMITHSON, I'M THE LIBRARY AND CULTURAL ARTS DIRECTOR, AS WELL AS THE FORMER STAFF LIAISON TO THE HISTORIC PRESERVATION COMMISSION.

SO I KNOW SOME OF THE HISTORY OF THIS PROPERTY.

IN THE LATE 80S, THEY WERE DESIGNATED AS HISTORIC SITES OR LANDMARKS OR POINTS OF INTEREST.

NONE OF THE PROPERTIES WERE ACQUIRED BY THE CITY.

THEY JUST HAD THAT DESIGNATION GIVEN TO THEM BY COUNCIL RESOLUTION AND WITH THE VOLUNTARY AGREEMENT OF THE PROPERTY OWNERS.

SO IN EXPLORING THIS TOPIC AND LEARNING A LITTLE BIT MORE ABOUT HISTORIC PROPERTIES AND CITIES, I LEARNED ABOUT SOMETHING CALLED THE MILLS ACT.

CAN YOU DESCRIBE WHAT THAT IS AND WHETHER WE HAVE TALKED ABOUT THAT AS A CITY BEFORE? SURE, WE'LL HAVE DEPUTY MANAGER GARY BARBERIO DISCUSS THAT, BUT THE CITY HAS NOT ADOPTED THE MILLS ACT.

YES, SO I KNOW ENOUGH TO BE DANGEROUS ABOUT THE MILLS ACT, AND THE CITY DOES NOT HAVE A MILLS ACT ORDINANCE, THE CITY WOULD NEED TO ENACT A MILLS ACT ORDINANCE FIRST AND THEN THAT WOULD ALLOW PROPERTY OWNERS TO VOLUNTARILY ENTER INTO A MILLS ACT CONTRACT AND THEY WOULD NEED TO PRESERVE THE PROPERTY FOR A PERIOD OF TIME.

USUALLY IT'S 10 YEARS.

IN EXCHANGE FOR THAT, THEY WOULD GET A PROPERTY TAX, IN ESSENCE, A REDUCTION.

SO THAT'S THE KIND OF THE FINANCIAL INCENTIVE FOR THEM TO PRESERVE THE PROPERTY IN PLACE.

THE CITY, OF COURSE, WOULD INDIRECTLY BE, YOU KNOW, KIND OF THE LOSER AND THAT PROPERTY TAX BENEFIT TO THE PROPERTY OWNER.

THEY'D BE PAYING LESS PROPERTY TAX.

THE CITY WOULD RECEIVE LESS PROPERTY TAX.

BUT IN EXCHANGE, THE CITY WOULD BE ABLE TO POTENTIALLY PRESERVE A HISTORIC STRUCTURE FOR A LONGER PERIOD OF TIME.

COUNCIL HAS NEVER GIVEN DIRECTION TO STAFF TO PURSUE A MILLS ACT ORDINANCE.

BUT THAT IS WHAT YOU KNOW.

RECENTLY, THE HISTORIC PRESERVATION COMMISSION IN THEIR LETTER WAS RECOMMENDING THAT THE COUNCIL CONSIDER THAT AND POSSIBLY MOVE FORWARD WITH A LOCAL ORDINANCE FOR THE MILLS ACT, AND THEN PROPERTIES WOULD BE ABLE TO TAKE ADVANTAGE OF THAT VOLUNTARILY IF THEY CHOSE TO.

OK, SO THE PROPERTY OWNER WOULD KEEP THE PROPERTY.

THE CITY WOULDN'T OWN THE PROPERTY, BUT THE PROPERTY OWNER WOULD GET A PROPERTY TAX BREAK.

YES, IF THE CITY WAS TO ACQUIRE IT AND IT'S PUBLIC PROPERTY, WE WOULD NOT PAY PROPERTY TAX.

SO THE BENEFIT OF THE MILLS ACT WOULDN'T BE TO THE LOCAL AGENCY WOULD BE TO A PRIVATE PROPERTY OWNER.

JUST BY WAY OF EXAMPLE, OUR NEXT DOOR NEIGHBOR OR CITY, ENCINITAS, THEY HAVE A MILLS ACT ORDINANCE.

THE BOATHOUSES I THINK, WENT INTO MILLS ACT CONTRACT AND HELP PRESERVE THEM.

SO AS AN EXAMPLE OF HOW IT COULD BE REALIZED IN REAL LIFE.

AND I UNDERSTOOD THAT PART OF THE REASON THAT SOME CITIES WENT THAT ROUTE WAS THAT THEY DIDN'T HAVE TO ACQUIRE, OWN AND THEN MAINTAIN THE PROPERTY.

AND I THINK IT'S THAT ONGOING BURDEN OF MAINTENANCE THAT SOME OTHER CITIES KIND OF SHIRKED.

AND I'M WONDERING WHAT DOES THAT MEAN FOR US IN TERMS OF MAINTENANCE OR DID WE EXPLORE AT ALL IF WERE TO OWN IT, WHAT THE UPKEEP AND THE COSTS OF THAT WOULD BE?

[01:00:03]

BECAUSE I HEARD IT WAS LISTED FOR THREE MILLION DOLLARS.

BUT WHAT WOULD THE ANNUAL COST BURDEN BE OF OWNING A HISTORIC HOME LIKE THIS? I THINK THE ONLY WAY WE COULD, YOU KNOW, REACT TO THAT QUESTION IS WHAT IT COSTS US TO MAINTAIN SOME OF THE FACILITIES AT MAGEE PARK LIKE THE MAGEE HOUSE.

BUT WE HAVE NOT EXPLORED THAT ON THIS PROPERTY.

COUNCIL MOTION WAS TO PUT IT ON FOR DISCUSSION AND PROVIDE US DIRECTION.

YEAH, IF WE ACQUIRED THE PROPERTY AS A CITY, WE WOULD MORE THAN LIKELY BE RESPONSIBLE FOR THE MAINTENANCE.

ANOTHER POSSIBILITY IS MAYBE A NONPROFIT REQUIRES IT.

I THINK THAT'S WHAT HAPPENED WITH THE BOATHOUSES.

ENCINITAS, AGAIN, AS AN EXAMPLE, THE CITY DOESN'T OWN IT, BUT IT WAS ACQUIRED BY A NONPROFIT TO PRESERVE THOSE.

AND IT'S IN A MILLS ACT CONTRACT.

SO KIND OF LOOKING AT DIFFERENT TOOLS AND WAYS TO TRY AND PRESERVE IT.

IF WERE TO THE SUGGESTION FROM MR. N.

TO SOMEHOW ACQUIRE THE HOUSE ITSELF AND MOVE IT DOWN THE STREET TO MAGEE PARK.

YEAH, IT'S GOING TO BE A NICE ROUTE.

I'M JUST PICTURING IT'S NOT GOING TO GO UNDER THE FREEWAY, PROBABLY.

SO IT'S GOING TO HAVE TO GO LAS FLORES OR SOME OTHER WAY AND LOTS OF LINES TO GET THERE.

BUT IF WERE TO DO THAT, THEN WE'D BE RESPONSIBLE FOR THE COST AND THE MAINTENANCE, THE COST OF MOVING, RELOCATING IT TO SITE AND MAINTENANCE UNLESS THERE WAS SOME OTHER ARRANGEMENT WITH THE NONPROFIT.

YEAH, THANK YOU.

I'M JUST TRYING TO GET A SENSE OF WHAT THE COSTS WOULD BE AND IF WERE TO OWN THE PROPERTY AND IN ANY OF THESE SCENARIOS, IF WE OWNED THE PROPERTY, WE'D BE RESPONSIBLE FOR SOME ONGOING COST TO MAINTAIN THE PROPERTY.

I HAVE NOT PERSONALLY TOURED THE PROPERTY, BUT I HAVE SEEN THE PHOTOS THAT ARE IN THE LISTING AND I THINK MR. MAJOR SAID IT PRETTY WELL.

THE INTERIOR LOOKS PRETTY GOOD IN PRETTY GOOD SHAPE.

THE OUTSIDE NEEDS NEED SOME HELP.

SO, YOU KNOW, JUST TO GET IT UP TO PAR AND THEN TO MAINTAIN THAT OVER TIME WOULD BE DIFFICULT OR COSTLY FOR SURE.

THERE'D BE A COST TO IT.

IT'S WOOD, IT'S A LARGE STRUCTURE.

IT'S MULTISTORY, TWO STOREY AT LEAST, YOU KNOW, SIMILAR.

I MEAN, WE COULD IF THE COUNCIL'S DIRECTION WAS TO FIGURE OUT WHAT IT MIGHT COST AND COME BACK WITH THAT INFORMATION, WE CAN CERTAINLY PURSUE THAT.

OK, GREAT.

THANK YOU FOR THE CONVERSATION.

I THINK IT'S DEFINITELY WORTHY OF HAVING THIS DISCUSSION.

AND CARLSBAD HAS A LOT OF HISTORY AND IT IS IMPORTANT TO PRESERVE THAT.

SO I'M OPEN TO HEARING OTHER QUESTIONS AND COMMENTS FROM MY COUNCIL COLLEAGUES AS WELL.

MAYOR, IF I COULD SAY ONE MORE THING ON THAT MAINTENANCE.

IT'S SIMILAR TO A LOT OF THINGS.

THIS ISN'T IN OUR BUDGET.

SO, YOU KNOW, PARKS AND REC DOESN'T HAVE A BUDGET FOR THIS LIBRARY.

CULTURE ARTS DOESN'T HAVE BUDGET FOR THIS.

SO IF THERE WAS SOMETHING WE WANTED TO PURSUE, WE WOULD WANT TO DEVELOP THE COST ESTIMATES, COME BACK TO COUNCIL, IDENTIFY A FUNDING SOURCE AND HAVE COUNCIL AUTHORIZE THAT.

DOCTOR BHAT-PATEL QUESTIONS.

JUST ONE QUESTION AS A FOLLOW UP WITH REGARDS TO THE MILLS ACT.

SO IT WOULD HAVE TO BE IT WOULD BE A VOLUNTARY AGREEMENT.

RIGHT? SO, YEAH.

SO IF THE PROPERTY OWNER WERE TO DECIDE TO WANT TO MOVE FORWARD WITH IT, THEN ONLY WOULD WE BE ABLE TO HAVE THAT AGREEMENT IN PLACE? YES, IT IS VOLUNTARY BECAUSE.

WELL, YOU KNOW, I MEAN, PLEASE FORCE ME TO LOWER MY PROPERTY TAX.

THAT SOUNDS GREAT.

BUT THERE'S OBLIGATIONS WITH THAT.

YOU'RE RESTRICTED TO WHAT YOU CAN DO THE PROPERTY FOR THE LENGTH OF THE CONTRACT.

SO THEREFORE IT HAS TO BE VOLUNTARY.

AND DURING THAT TIME FRAME, LET'S JUST SAY THE CURRENT PROPERTY OWNER WERE TO AGREE TO IT AND THE NEXT PROPERTY OWNER WERE NOT TOO KEEN ON THAT.

IF IT WERE TO BE SOLD DURING THAT TIME FRAME, HOW IS THAT HANDLED? I BELIEVE THAT IF IT'S IN THE MILLS ACT CONTRACT TIME IS WHAT GETS YOU OUT OF A MILLS ACT CONTRACT, SO YOU WOULD BE PURCHASING THE REMAINDER OF THAT CONTRACT.

KIND OF LIKE A WARRANTY ON A VEHICLE.

OK, GREAT.

OUR TIMING TO PURCHASE A PIECE OF PROPERTY IS VERY POOR AT THIS EXPENSIVE TIME IN THE HOUSING MARKET.

I HAVE A HARD TIME SPENDING THREE MILLION DOLLARS ON IT WHEN WE DON'T HAVE EVEN A PURPOSE OR A THOUGHT OF WHAT WE'RE GOING TO DO WITH IT.

BUT I WOULD BE OPEN TO STAFF DISCUSSING WITH THE PROPERTY OWNERS THIS MILLS ACT, IF THEY ARE INTERESTED IN ENTERING INTO THAT, THEN IT GIVES US 10 YEARS TO COME UP WITH A

[01:05:04]

PLAN WHETHER THAT PLAN B MOVE THE PROPERTY, GET NONPROFITS TO PARTICIPATE OR WHATEVER WE CAN DO.

BUT RIGHT NOW, WHEN WE HAVE NO DESIGNATED USE FOR THE PROPERTY, IF WERE TO BUY IT, THE AMOUNT OF MONEY WE'D BE SPENDING, THE PROP H THAT WE HAVE TO GET PUBLIC PERMISSION TO SPEND THAT MUCH MONEY.

I THINK THE TIMING IS POOR, BUT I'D BE INTERESTED TO HEAR IF THE PROPERTY OWNER WOULD BE INTERESTED IN EXERCISING THAT MILLS ACT.

WE CAN ADOPT IT, APPLY IT TO THAT PROPERTY, AND THEN WE HAVE 10 YEARS TO THINK IT THROUGH AND FIGURE IT OUT.

IS THAT REASONABLE? IT'S POSSIBLE, YES, I MEAN, IT REALLY IT'S UP TO THE PRIVATE PROPERTY OWNER, RIGHT? SO I THINK MR. CAPP PASSED AWAY.

THE HEIRS NOW HAVE THE PROPERTY.

THEY PUT IT ON THE MARKET JUST UNDER THREE MILLION.

IT'S BEEN ON FOR, WHAT, A COUPLE COUPLE OF MONTHS NOW, ABOUT TWO MONTHS.

YEAH, WE COULD CERTAINLY CONTACT THEM AND SEE IF THEY HAVE ANY INTEREST IN SOME KIND OF WAY OF DELAYING A SALE AND GIVING US THE OPPORTUNITY TO PURSUE A PURCHASE OVER TIME RATHER THAN BECAUSE ANYTHING WE DO TO ACQUIRE THE PROPERTY FOR OVER A MILLION DOLLARS, GENERAL FUND MONEY HAS TO GO THROUGH THE PROP H VOTE OF THE PEOPLE.

SO THAT'S A FINANCIAL CONSTRAINT ON US.

AND ONE OF THE NICE THINGS ABOUT PUBLIC COMMENT IS I HADN'T EVEN THOUGHT ABOUT TAKING THE HOUSE AND MOVING IT TO A PARK.

SO I'M GLAD MR. N.

BROUGHT THAT UP, THAT BY APPLYING THE MILLS ACT TO IT MIGHT GIVE THE OPPORTUNITY FOR THE PROPERTY OWNERS TO SELL IT.

AND IF THE PEOPLE WHO WANT TO BUY IT DIDN'T WANT TO KEEP THAT HOUSE, THEN IT GIVES THAT OPPORTUNITY FOR US TO RELOCATE THE HOUSE.

I'M ASSUMING THAT YOU SAID TIME WOULD GET THEM OUT OF THE MILLS ACT COMMITMENT, BUT I'M GUESSING MOVING THE HOUSE TO A NEW LOCATION MIGHT AS WELL.

BUT YOU SAID YOU'RE NOT AN EXPERT ON THIS, BUT I'M JUST THROWING OUT IDEAS.

YES, THERE MAY BE A PROVISION IN THE MILLS ACT THAT, YOU KNOW, YOU PAY BACK THE.

THE PROPERTY TAX BENEFIT THAT YOU RECEIVED AND YOU CAN GET OUT EARLY, SIMILAR TO THE WILLIAMSON ACT, THEY DO THAT FOR AGRICULTURAL PROPERTY, BUT I'M JUST NOT FAMILIAR ENOUGH WITH THE MILLS ACT TO KNOW IF YOU CAN BUY YOUR WAY OUT OR, YOU KNOW, PAY BACK WHAT YOU SAVED OVER THAT TIMEFRAME TO GET OUT EARLY.

SO IF THAT'S NOT THE CASE, THEN, YOU KNOW, THE LENGTH OF THE CONTRACT WOULD RESTRICT WHEN I DON'T THINK I DOUBT WE WOULD BE ABLE TO MOVE IT UNDER THE MILLS ACT BECAUSE, YOU KNOW, PART OF IT'S THE STRUCTURE, BUT ALSO PART OF IT IS ITS LOCATION, ET CETERA, PART OF ITS HISTORICAL CONTEXT.

OK, I'D BE CURIOUS TO HEAR WHAT SUGGESTIONS THE REST OF THE COUNCIL HAS.

I JUST WANTED TO ADD ALSO, WE DON'T REALLY KNOW WHAT THE RAMIFICATIONS OF HAVING THE CURRENT OWNER PLACE A MILLS ACT ON IT WOULD DO TO THE FAIR MARKET VALUE OF THE HOUSE.

RIGHT NOW IT'S LISTED AT TWO POINT NINE.

IT COULD DRIVE THAT DOWN DUE TO THE RESTRICTIONS.

WE COULD KEEP IT UP DUE TO THE TAX BENEFITS, BUT THERE WOULD HAVE TO BE AN ANALYSIS OF THAT AS WELL.

ONE MORE THOUGHT I HAD TWO IS THAT THE CITY WOULD HAVE TO GO THROUGH THE PROCESS OF ADOPTING THE MILLS ACT BEFORE WE CAN IMPLEMENT IT ON ANY PROPERTY.

SO TONIGHT WE REALLY HAVE A COUPLE OF QUESTIONS.

BEFORE US WOULD BE MY THOUGHTS AND NOT ONLY IN THIS PIECE OF PROPERTY, BUT OTHER PIECE OF PROPERTY.

WE'VE NEVER GONE AHEAD WITH THE MILLS ACT.

SO THAT, I THINK, IS LIKE QUESTION NUMBER ONE.

OBVIOUSLY, IT COULD PERTAIN TO THIS PIECE OF PROPERTY, BUT IT ALSO COULD PERTAIN TO AT LEAST 13 OTHERS.

SO THAT'S ONE THOUGHT THAT WE MIGHT WANT TO GIVE DIRECTION ON.

I DIDN'T THINK WERE GOING TO SOLVE THIS PROBLEM TONIGHT.

I WAS JUST HOPING THERE WOULD BE ENOUGH ENERGY ON THE COUNCIL TO GIVE STAFF THE DIRECTION TO GO BACK AND WORK WITH THE HISTORICAL PRESERVATION COMMITTEE, WORK PERHAPS WITH NON-PROFITS.

I UNDERSTAND THAT THREE MILLION DOLLARS, GOOD OPPORTUNITIES, NEVER COME USUALLY AT THE RIGHT TIME.

BUT I THINK THIS IS A GREAT OPPORTUNITY.

BUT PERHAPS EVERYONE WORKING TOGETHER, INCLUDING THE PROPERTY, WE MIGHT COME UP WITH A SOLUTION, I DON'T KNOW WHAT THAT SOLUTION IS, BUT JUST TRYING TO KEEP AN OPEN MIND AND SAYING, HEY, LET'S GO OUT THERE, DO WHATEVER WE NEED TO DO TO HAVE THESE KINDS OF CONVERSATIONS AND MAYBE COME BACK AT WHATEVER YOU FEEL IS THE RIGHT TIME TO SAY HERE'S OPTIONS ABC AND INCLUDING THE ONE THAT MR. N.

COME UP WITH IN ACTUALLY MOVING IT.

THAT'S A PRETTY BIG HOUSE.

I'M NOT SURE HOW YOU'D GO ABOUT MOVING IT, BUT I WOULD ALSO ASK MY COLLEAGUES,

[01:10:01]

PLEASE TAKE THE TIME TO GO WALK THROUGH THAT HOUSE.

I MEAN, I'VE BEEN THROUGH A LOT OF HISTORIC STRUCTURES AND THIS ONE REALLY IS WORTH THE TIME TO GO VIEW IF YOU HAVE THAT OPPORTUNITY.

SO MY MOTION TONIGHT WOULD BE TO ASK STAFF TO WORK WITH THE HISTORICAL PRESERVATION COMMITTEE TO COME BACK WITH OPTIONS AS TO HOW WE COULD WORK COLLECTIVELY WITH THE COMMUNITY TO COME UP FOR SOME WAY OF ACQUISITION AND OR PRESERVATION OF THE HOUSE.

COULD WE ADD TO THAT? YOU TALK ABOUT THE MILLS ACT AND WE DON'T HAVE IT, BUT IT DOESN'T COST US ANYTHING TO HAVE THAT AND HAVE IT IN OUR BACK POCKET AND READY TO GO IF WE EVER WANT TO USE IT.

IS THAT ACCURATE? STAFF TIME AND RESOURCES, AND ONCE IT'S ENACTED AND SOMEBODY USES ON OUR PROPERTY THAN IT DOES IMPACT US MARGINALLY ON THAT PROPERTY WITH REDUCED PROPERTY TAX.

OK, AND I WOULD SAY YOU EVEN TONIGHT FOR SIMPLICITY, PERHAPS TWO MOTIONS ONCE DONE, THE MILLS THAT BECAUSE EVEN IF WE DIDN'T USE IT ON THIS, PERHAPS WE WANT TO USE IT AT A LATER DATE.

SO EVEN IF WE DON'T ACT ON THIS TONIGHT, I WOULD HOPE WE WOULD AT LEAST ACT ON THE MILLS ACT FOR FUTURE OPPORTUNITIES.

I'LL SECOND YOUR MOTION.

COUNCIL MEMBER ACOSTA.

ANY OTHER COMMENTS OR? I'M GLAD THAT WE'RE HAVING THIS CONVERSATION, I THINK IT'S REALLY IMPORTANT THAT WE RESPECT THE HISTORY OF CARLSBAD, THAT WE CONSIDER SAVING ANY HISTORICAL PROPERTIES THAT ARE YOU KNOW, IT'S NOT LIKE THEY'RE ABOUT TO DEMOLISH THIS ONE, BUT YOU NEVER KNOW WHAT DOWN THE LINE MIGHT BE DESTROYED.

SO WHATEVER WE CAN DO TO HELP INVENTORY AND THINK OF WAYS THAT WE CAN KEEP THESE HISTORICAL RESOURCES, YOU KNOW, ALIVE IS REALLY IMPORTANT.

SO, I SUPPORT THE MOTION.

DOCTOR, ANY FURTHER COMMENT? MR. BLACKBURN? OK WITH THAT, IS THAT MOTION CLEAR ENOUGH? OK, PLEASE VOTE.

IT PASSES UNANIMOUSLY.

THEN A SECOND MOTION WOULD BE TO BRING BACK TO US AT THE CITY MANAGER'S PREFERENCE, THE MILLS ACT, FOR US TO HAVE A CONVERSATION ON ADOPTING THAT, WOULD BE MY SECOND MOTION.

ANY COMMENTS? PLEASE VOTE.

PASSES UNANIMOUSLY .

AGAIN, I'D LIKE TO THANK THE CITY MANAGER FOR GETTING THIS BACK ON THE AGENDA AS QUICK AS POSSIBLE.

I'D LIKE TO THANK THE HISTORICAL PRESERVATION COMMITTEE FOR MAKING US AWARE OF THIS THIS HOUSE AND EVERYTHING THAT YOU'RE DOING, SO THANK YOU.

WITH THAT, WE'LL MOVE ON TO ITEM SEVEN, DECLARE THE EXISTENCE OF A CITY COUNCIL DISTRICT NUMBER ONE VACANCY AND CONSIDER OPTIONS TO FILL THE VACANCY.

[7. DECLARE THE EXISTENCE OF A CITY COUNCIL DISTRICT NO. 1 VACANCY AND CONSIDER OPTIONS TO FILL THE VACANCY – 1) Adoption of a resolution declaring the existence of a City Council District No. 1 Vacancy; and 2) Adoption of a resolution calling for a special election on Tuesday, April 12, 2022, for the election of a City Council Member – District No. 1 for a term ending November 2022 as required by the provisions of the laws of the State of California relating to charter cities; and 3) Adoption of a resolution requesting consolidation services from the San Diego County Registrar of Voters for the April 12, 2022, Special Election; and 4) Adoption of a resolution adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at the Special Election to be held in the City of Carlsbad on Tuesday, April 12, 2022. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Receive the report, adopt the resolutions and provide direction as appropriate.]

MR. CHADWICK INTRODUCTIONS.

JOINING US TONIGHT IS OUR ASSISTANT CITY ATTORNEY, CINDY MCMAHON, AS WELL AS OUR CLERK SERVICES MANAGER, FAVIOLA MEDINA.

LADIES? GOOD EVENING, MAYOR AND COUNCIL MEMBERS, MY NAME IS FAVIOLA MEDINA, CITY CLERK SERVICES MANAGER, AND ALSO WITH ME TODAY IS ASSISTANT CITY ATTORNEY CINDY MCMAHON.

THIS ITEM IS BEING BROUGHT FORWARD TO YOU TODAY AS A RESULT OF COUNCIL MEMBER CORI SCHUMACHER'S RESIGNATION ON JULY 9TH, 2021.

HER RESIGNATION CREATED A VACANCY.

AND THE CITY COUNCIL MUST DECLARE THE EXISTENCE OF THE VACANCY AS SOON AS PRACTICABLE.

PURSUANT TO CARLSBAD MUNICIPAL CODE, SECTION 2.04.110 D2 TO THE CITY COUNCIL MUST DETERMINE WITHIN 14 DAYS OF THE DECLARATION A VACANCY IN THIS INSTANCE AUGUST 3RD 2021 WHETHER TO FILL THE VACANCY BY EITHER APPOINTING A SUCCESSOR WHO WILL SERVE THE REMAINDER OF THE TERM OF THE FORMER CITY COUNCIL MEMBER OR BY SPECIAL ELECTION.

BY DECLARING THE EXISTENCE OF A VACANCY, THE CITY COUNCIL MAY CONSIDER THE FOLLOWING OPTIONS.

OPTION ONE WOULD BE TO FILL THE VACANCY BY SPECIAL ELECTION.

THE SPECIAL ELECTION WOULD OCCUR ON THE NEXT REGULARLY ESTABLISHED ELECTION DATE, NO LESS THAN ONE HUNDRED AND FOURTEEN DAYS AFTER THE DECLARATION OF VACANCY, WHICH WOULD BE APRIL 12, 2022 FOR VACANCIES DECLARED AFTER JULY 11, 2021.

REGARDING COSTS ASSOCIATED WITH THE SPECIAL ELECTION, I RECEIVED A ESTIMATED A REVISED ESTIMATE FROM THE ROV AFTER THE AGENDA ITEM WAS PRINTED, INDICATING THAT IT COULD

[01:15:03]

ACTUALLY BE ANYWHERE FROM FOUR HUNDRED AND FIFTY THOUSAND TO SIX HUNDRED AND FIFTY THOUSAND.

ONCE AGAIN, THIS IS A ROUGH ESTIMATE BASED ONLY ON WHAT WE KNOW AT THIS TIME.

AT THIS TIME, I'LL TURN THIS OVER TO THE ASSISTANT CITY ATTORNEY MCMAHON TO GO OVER ADDITIONAL ELECTION INFORMATION.

AFTER THIS MATTER WAS NOTICED TO THE PUBLIC, OUR OFFICE DID RECEIVE SOME QUESTIONS ABOUT SEVERAL THINGS, ONE OF THEM BEING IS THERE A POSSIBILITY FOR ALTERNATIVE ELECTION DATES.

AT THE MOMENT, IF THE COUNCIL WERE TO CALL A SPECIAL ELECTION, THE EARLIEST POSSIBLE ELECTION DATE WOULD BE IN APRIL OF NEXT YEAR.

SPECIAL ELECTIONS ARE REQUIRED TO BE HELD ON, ARE GENERALLY REQUIRED TO BE HELD ON ESTABLISHED ELECTION DATES.

AND APRIL OF NEXT YEAR IS, IN FACT THE EARLIEST ESTABLISHED ELECTION DATE THAT WE COULD MEET.

THERE ARE EXCEPTIONS TO THE RULES, BUT AS OF NOW, NONE OF THOSE EXCEPTIONS ARE APPLICABLE TO THE CITY.

WE COULD HAVE AN ELECTION ON DIFFERENT DATE IF OUR CHARTER HAD PROVIDED FOR THAT, BUT IT DOES NOT.

WE COULD HAVE IT ON DIFFERENT DATES IF THIS WERE AN INITIATIVE REFERENDUM OR RECALL ELECTION, BUT IT'S NOT.

AND THEN THERE ARE SOME CERTAIN EXCEPTIONS FOR SOME MAIL BALLOT ELECTIONS, NONE OF WHICH APPLY AS WE'RE NOT A SMALL CITY, THERE'S MORE THAN A THOUSAND ELIGIBLE VOTERS, AND THIS IS NOT A PROP 218 ELECTION.

SO THERE ARE AT THE MOMENT NO OTHER ALTERNATIVE ELECTION DATES AVAILABLE FOR US.

THE SECOND OPTION THAT THE CITY COUNCIL MAY CONSIDER IS TO FILL THE VACANCY BY APPOINTMENT, THE CITY COUNCIL HAS UNTIL SEPTEMBER 3RD, 2021 OR 45 DAYS FROM THE DATE OF THE DECLARATION OF VACANCY TO MAKE THAT APPOINTMENT.

IF THE CITY COUNCIL CHOOSES THIS OPTION, THE CITY CLERK SERVICES MANAGER WILL POST A NOTICE OF INTENTION TO FILL THE CITY COUNCIL SEAT BY APPOINTMENT WITH AN APPLICATION AND INTERVIEW PERIOD AS DEFINED BY THE CITY COUNCIL.

THE PERSON SELECTED TO FILL THE VACANCY MUST MEET THE ELIGIBILITY REQUIREMENTS FOR THE OFFICE, WHICH INCLUDES DISTRICT RESIDENCY AND VOTER REGISTRATION.

THE APPOINTEE WOULD HOLD OFFICE UNTIL A SUCCESSOR IS ELECTED, AND UNDER OUR MUNICIPAL CODE, THE APPOINTEE WOULD BE INELIGIBLE TO SEEK ELECTION FOR THE SAME OFFICE UNTIL ONE YEAR AFTER THE APPOINTMENT ENDS.

IF THE CITY COUNCIL IS UNABLE TO MAKE AN APPOINTMENT WITHIN FORTY FIVE DAYS OF THE DECLARATION OF VACANCY, THEN THE CITY COUNCIL MUST CALL A SPECIAL ELECTION.

AND AGAIN, OUR OFFICE HAS RECEIVED SOME QUESTIONS SINCE THIS MATTER WAS POSTED, WE'VE BEEN ASKED WHETHER THE PROVISION PREVENTING AN APPOINTEE FROM RUNNING FOR ELECTION COULD BE CHANGED.

THAT WOULD REQUIRE A MUNICIPAL CODE AMENDMENT.

WE'VE ALSO BEEN ASKED WHETHER WE COULD THE CITY COUNCIL COULD BOTH TEMPORARILY FILL THE VACANCY BY APPOINTMENT AND STILL HOLD THE ELECTION.

AND AGAIN, THAT WOULD REQUIRE A MUNICIPAL CODE AMENDMENT.

MUNICIPAL CODE AMENDMENTS HAVE A LEAD TIME OF BETWEEN 45 TO 60 DAYS.

AS MENTIONED BEFORE, IF THE CITY COUNCIL DOES NOT JUST SELECT THIS OPTION, THE CITY CLERK SERVICES MANAGER WILL POST A NOTICE OF INTENTION TO FILL THE CITY COUNCIL SEAT AND AN APPLICATION AND INTERVIEW PERIOD, AS DEFINED BY THE CITY COUNCIL WOULD TAKE PLACE.

AN EXAMPLE OF WHAT THE CITY COUNCIL HAS DONE IN THE PAST AND MAY CHOOSE TO DO IS TO REQUEST SUBMISSION OF APPLICATIONS AND STATEMENTS OF INTEREST AND QUALIFICATIONS.

THE APPLICANTS WOULD THEN ATTEND THE MEETING TO BRIEFLY SPEAK TO THEIR QUALIFICATIONS AND RESPOND TO CITY COUNCIL MEMBER QUESTIONS AFTER WHICH THE CITY COUNCIL WOULD TAKE A VOTE TO SELECT THE APPOINTEE.

COUNCIL CAN ESTABLISH THE PROCESS AS LONG AS IT IS IN COMPLIANCE WITH THE BROWN ACT.

THIS CONCLUDES OUR PRESENTATION AND STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS.

OK, DO WE HAVE SPEAKERS ON THIS ITEM? WE DO.

WE HAVE SIX SPEAKERS, THE FIRST ONE IS HOPE NELSON.

GOOD EVENING, CITY COUNCIL, STAFF.

IN 2019, D1 COUNCILWOMAN BARBARA HAMILTON RESIGNED HER SEAT, LEAVING WITH OVER THREE YEARS REMAINING TO SERVE, THE COUNCIL WOULDN'T LISTEN TO THE CITIZENS OF D1 AND THE COUNCIL DECIDED TO APPOINT, THUS TAKING THE VOTE FROM THE CITIZENS OF D1 FOR OVER THREE YEARS BECAUSE OF CITY COUNCIL'S POSITION.

D1 CITIZENS GOT THE VOTE THROUGH THE PETITION PROCESS AND OVERRODE THE COUNCIL.

D1 GOT THEIR VOTE.

NOW IN 2021, STAFF IS SUGGESTING A SPECIAL ELECTION TO FILL A SEAT, PERHAPS TO MAKE AMENDS FOR THE LAST DECISION THEY MADE.

ARE WE TO THINK MAYOR HALL AND COUNCIL MEMBER BLACKBURN HAVE FINALLY LEARNED WHAT

[01:20:03]

THE PEOPLE WANT AND THAT THEY WANT THEIR VOTE TO BE COUNTED? THE PROBLEM IS THAT THE TERM WE ARE TALKING ABOUT NOW WILL ONLY HAVE EIGHT MONTHS LEFT TO SERVE IF IT GOES TO A VOTE AND THE COST WE JUST FOUND OUT NOW WOULD BE 450 TO 650000 DOLLARS AND THERE WOULD STILL BE ANOTHER ELECTION IN NOVEMBER OF 2022 FOR THAT SAME SEAT.

THIS WHOLE SCENARIO MAKES ME WONDER WHAT IS GOING ON HERE AND WHAT MAKES ME VERY SKEPTICAL.

IN 2019, OVER THREE YEARS LEFT TO SERVE WAS THE REASON FOR D1 TO DEMAND A VOTE.

I HOPE YOU PEOPLE FINALLY UNDERSTAND THAT.

AND IN 2021, WITH ONLY EIGHT MONTHS TO SERVE AT A COST OF 450 TO 650000 DOLLARS, IT SEEMS A POOR CHOICE.

HOW MANY STREETLIGHTS ADDED TO THE VILLAGE AND THE BARRIO WOULD THAT PAY FOR? I'M SUGGESTING WITH THE LENGTH OF THE TERM AND WITH THE COST OF THE ELECTION, COUNCIL SHOULD AT LEAST TRY TO MAKE A REASONABLE APPOINTMENT.

AND WHAT AN EXAMPLE YOU COULD SET.

ADDITIONALLY, IF A REASONABLE APPOINTMENT CAN BE ACHIEVED, D1 WOULD HAVE REPRESENTATION FAR BEFORE AN APRIL ELECTION.

SO THAT'S MY ADVICE TO YOU.

I APPRECIATE YOU LISTENING.

HAVE A GOOD EVENING.

SHERRY ALVARADO.

FOLLOWED BY ELLIE ARCHONS AND TRACY CARMICHAEL.

COUNCIL, I'M HERE TO SPEAK ON BEHALF OF I'M NOT IN FAVOR OF AN ELECTION THAT'S JUST WAY TOO EXPENSIVE.

WE'VE ALREADY DONE THAT.

ONCE WE'VE SPENT ENOUGH MONEY, LET'S DON'T DO IT AGAIN.

LET'S TAKE THE APPLICATIONS AND YOU GUYS INTERVIEW THEM AS YOU WOULD A JOB.

I'M ALSO NOT IN FAVOR OF HAVING SOMEBODY TAKE THIS SEAT FOR MAYBE SEVEN MONTHS.

THEY'RE ONLY GOING TO LEARN THIS, COULD TAKE SEVEN MONTHS TO LEARN YOUR JOB.

I SAY WHOEVER YOU GIVE THE SEAT TO, GIVE THEM A CHANCE TO RUN.

IF THEY RUN IN THE ELECTIONS AND THEY WIN, THEN SO BE IT.

THEY RAN, THEY WON.

REMOVE THAT ONE YEAR CLAUSE.

THAT'S NOT RIGHT FOR ANYBODY.

WHO WANTS TO TAKE A SEAT, AND YOU'RE WASTING ENERGY, EDUCATION, SOMEBODY COULD TAKE THE SEAT AND POSSIBLY WIN IT AND HAVE THAT KNOWLEDGE.

YOU KNOW, LET'S THINK ABOUT THIS.

MAYOR HALL AND COUNCIL MEMBERS, I AM ADAMANTLY OPPOSED TO A SPECIAL ELECTION.

ELLIE ARCHONS.

WHY GO THROUGH ANOTHER EXPENSIVE, TAXPAYER FUNDED SPECIAL ELECTION THAT WOULD COST FOUR HUNDRED AND FIFTY TO SIX HUNDRED AND FIFTY THOUSAND DOLLARS MORE OR MORE, ESPECIALLY IF THIS WASN'T CONSIDERED IN THE 2021 TWENTY TWO BUDGET? WOULDN'T IT MAKE SENSE TO OFFER THE CANDIDATES WHO RAN FOR OFFICE WITH THE SECOND AND THIRD MOST VOTES FROM THE LAST SPECIAL ELECTION, THE OPPORTUNITY TO SERVE THE COMMUNITY? AFTER ALL, WE ALREADY SPENT THE MONEY AND THEY WERE THE ONES WHO CAMPAIGNED AND WANTED TO SERVE THE CITIZENS IN DISTRICT ONE.

SO GIVE THEM THE COMMON COURTESY TO OFFER THEM THE SEAT AND AN OPTION TO ACCEPT OR DECLINE THE JOB.

SO SHOULD THEY DECLINE THEN GO THROUGH THE APPLICANTS WHO ARE WILLING TO VOLUNTEER THEIR TIME AND EFFORTS FOR THE NEXT 15 MONTHS? APPOINTING A WILLING CANDIDATE WOULD MAKE THE MOST COMMON SENSE, ESPECIALLY AFTER AFTER THE PANDEMIC.

WILL CARLSBAD HAVE TO RAISE TAXES TO FUND THIS ELECTION? I THINK IT'S TIME TO SERIOUSLY CONSIDER APPOINTING A CITIZEN TO THE VACANT SEAT, WAITING FOR THAT SPECIAL ELECTION IN APRIL, ONLY FOR THAT CANDIDATE TO SERVE FOR SEVEN MONTHS OR EIGHT MONTHS JUST DOESN'T MAKE LOGICAL SENSE TO ME, ESPECIALLY WHEN IT TAKES THE COUNCIL THREE TO FOUR MONTHS TO TRAIN AND UPDATE THE INCOMING CANDIDATE.

MEANWHILE, WE SIT WITH A COUNCIL OF FOUR A MAJORITY OF REPRESENTATIVES THAT VOTED ALONGSIDE CORI SCHUMACHER.

THIS TROUBLES ME AND IT TROUBLES MANY GREATLY.

CITY COUNCIL AND STAFF, YOU ALL HAVE A LOT OF WORK TO DO TO REGAIN OUR TRUST.

THE ONLY REQUIREMENT NEEDED IS THAT YOU LISTEN TO ALL YOUR CONSTITUENTS CONCERNS AND UNDERSTAND WHAT'S BEST FOR THE ENTIRE CARLSBAD, BECAUSE THIS NEXT CANDIDATE WILL BE REPRESENTING ALL OF CARLSBAD, NOT JUST D1.

[01:25:02]

CORI SCHUMACHER'S IDEALS OF CHANGE FOR THE CITIZENS OF CARLSBAD WAS WAY TOO RADICAL A CHANGE FOR US.

IT DIDN'T WORK FOR US.

WE, THE CITIZENS OF CARLSBAD, WANT TO TAKE BACK OUR CITY AND APPOINT A CANDIDATE THAT LOOKS AFTER THE SAFETY AND BEST INTEREST OF OUR BUSINESS OWNERS, FAMILIES AND THE HARDWORKING, TAXPAYING CITIZENS THAT SUPPORT IT.

APPOINT A TRUSTED, WELL QUALIFIED INDIVIDUAL WHO CAN RIGHT THE WRONGS DONE TO OUR BEAUTIFUL CITY.

WE HAVE MANY APPLICATIONS FOR YOU TO LOOK AT, SO PLEASE CONSIDER THEM SERIOUSLY.

AND NO SPECIAL ELECTIONS, PLEASE.

TRACY CARMICHAEL, FOLLOWED BY ARNIE COHEN AND CHAD MAJOR.

GOOD EVENING, MAYOR HALL, COUNCIL MEMBERS.

STAFF AND MORE IMPORTANTLY, THE CITIZENS OF CARLSBAD, THANK YOU FOR THE OPPORTUNITY TO COME AND ADDRESS YOU TONIGHT.

MY NAME IS TRACY CARMICHAEL AND I'M A CARLSBAD RESIDENT.

WHEN PROBLEMS ARISE, WE MUST UNDERSTAND THE ROOT CAUSE OF THEM.

OFFER SOLUTIONS.

TO SEE THE SYSTEMIC CHANGE THAT WE CAN MAKE.

TODAY, I'M GOING TO KEEP IT REAL SIMPLE.

UNFORTUNATELY, TWO PEOPLE HAVE WALKED AWAY FROM THIS POSITION.

THIS SITUATION HAS LEFT THE RESIDENTS FEELING SHORTCHANGED BY THE LACK OF REPRESENTATION OUR RESIDENTS NEED A FULL COUNCIL TO MAKE DECISIONS ON THE BEST INTEREST OF OUR CITIZENS AND FOR YOU TO BE ABLE TO DO YOUR JOB.

THE OTHER PROBLEM THAT I SEE IS THE FINANCIAL IMPLICATIONS TO THIS.

ANOTHER SPECIAL ELECTION WILL ONLY DIVERT MONEY FROM THE SERVICES OF ALL RESIDENTS.

ANOTHER SPECIAL ELECTION IS A WASTE OF TAXPAYER MONEY BECAUSE THE PEOPLE HAVE VOTED TWICE, IS A THIRD TIME REALLY GOING TO CHANGE ANYTHING? OR ARE WE JUST PUTTING A BAND-AID ON THE SITUATION? WE HAVE SEEN WHAT HAPPENS IN THE LAST GO AROUND WITH A TWO-TWO SPLIT.

WE WANT MORE.

WE DESERVE MORE.

THE LARGEST PROCESS OR THE LARGEST PROBLEM OCCURRED ON FEBRUARY 23RD WHEN THIS COUNCIL CHANGED THE MUNICIPAL CODE, STATING THAT THE APPOINTEE WOULD BE INELIGIBLE TO RUN AND SEEK THE OFFICE UNTIL ONE YEAR AFTER THIS POLICY CHANGE ELIMINATES THE RIGHT.

OF THE VOTERS, THE VOTERS SHOULD HAVE TO BE THE JUDGES OF THE APPOINTEE.

THAT'S YOUR JOB TO MAKE THE APPOINTMENT; IT'S OUR JUDGMENT TO JUDGE WHETHER OR NOT WE LIKE THEIR JOB.

WE CANNOT HAVE A POLICY THAT PROHIBITS ANYONE FROM HAVING THE OPPORTUNITY TO RUN FOR OFFICE.

YOUR DECISION WILL BE A REFLECTION OF YOUR LEADERSHIP.

HOW ARE WE GOING TO BRING THIS CITY BACK TOGETHER? THIS IS A BIG STEP IN THAT WAY.

LET'S BE HONEST AND TRANSPARENT.

WE DON'T NEED JUST A SEAT FILLER OR ANYBODY WHO HAS A SPECIAL INTERESTS OR A CONFLICT OF INTEREST OR WHO HAS CONTRIBUTED TO ANYONE'S FINANCIAL CAMPAIGNS.

FOR AN ELECTED OFFICE OR A CANDIDATE, FOR THAT MATTER.

SO I REQUEST THIS COUNCIL TO GIVE CAREFUL CONSIDERATION TO THE APPOINTMENT PROCESS WITHOUT IMPLICIT BIAS.

OR DISCRIMINATION BY REMOVING THE STATEMENT, THE APPOINTEE SHOULD BE INELIGIBLE TO SEEK ELECTION IN THE FUTURE.

ADDITIONALLY, THIS COUNCIL COULD CONSIDER A COUNCIL--AND WE THANK YOU VERY MUCH, MRS. CARMICHAEL.

GOOD EVENING, I FIND MYSELF IN AN INTERESTING SITUATION THAT IS VERY SIMILAR TO WHEN I PARTICIPATED IN THE [INAUDIBLE] WITH BRIAN F..

ARNIE COHEN.

WERE AT ODDS WITH EACH OTHER ON A LOT OF THINGS PRIOR TO THAT, AND WE CAME TOGETHER TONIGHT.

HOPE NELSON AND I PROBABLY HAVEN'T AGREED ON VERY MUCH IN THE PAST FEW YEARS, BUT WE AGREE WHOLEHEARTEDLY ON THIS ISSUE.

I STRONGLY URGE YOU TO MAKE AN APPOINTMENT.

TWO BIG REASONS.

ONE, OBVIOUSLY, THE COST WE HEARD ABOUT, WHICH IS KIND OF CRAZY, AND THE SECOND IS WHAT'S GOING TO HAPPEN IF YOU DON'T MAKE AN APPOINTMENT? IT'S REALLY CURIOUS THAT HERE TONIGHT YOU HAVEN'T EVEN VOTED YET TO DECLARE

[01:30:01]

THE VACANCY, YOU'VE ALREADY HAD TO DEFER ONE MATTER BECAUSE WE DON'T HAVE A D1 REP.

HOW MANY MORE TIMES IS THAT GOING TO HAPPEN? WE JUST CAN'T AFFORD THAT.

SO WHAT IT REALLY COMES DOWN TO IS THE FOUR OF YOU AND WHETHER OR NOT YOU CAN COME TOGETHER TO COME TO COMMON GROUND AND FIND SOMEBODY YOU CAN ALL SUPPORT.

IN YOUR STATEMENT YOU PUT OUT TODAY ABOUT SUSPENDING YOUR SENATE CAMPAIGN, YOU SAID A COUPLE OF THINGS.

ONE WAS THE IMPORTANCE OF THE BUSINESS OF CARLSBAD.

AND THE SECOND THING WAS THE IMPORTANCE OF COMING TOGETHER TO WORK WITH YOUR FELLOW COUNCIL PEOPLE DESPITE PARTY PREFERENCES.

AND I CAN'T DO ANYTHING MORE THAN TO PRAISE THOSE TWO SENTIMENTS, AND I THINK THOSE ARE ABSOLUTELY TRUE.

WE UNDERSTAND WHAT'S GOING ON IN THE POLITICAL SIDE OF CARLSBAD'S BUSINESS.

POLITICAL PARTIES, SPECIAL INTERESTS HAVE REALLY PUT A LOT OF PRESSURE ON CANDIDATES OVER THE COURSE OF THE LAST COUPLE OF YEARS.

IT'S TIME TO PUT THAT ALL ASIDE.

IT'S TIME FOR YOU TO JUST SAY WE'RE GOING TO FIND THE BEST PERSON WE CAN FIND, THAT WE CAN ALL AGREE ON, SOMEBODY WHO CAN DO THE WORK AND START DOING IT RIGHT AWAY.

WE CANNOT AFFORD TO HAVE A VACANCY AND HAVE THINGS LIKE STRATEGIC PLANNING, WHICH LAST WEEK YOU TALKED ABOUT PUTTING ASIDE UNTIL YOU HAD A DISTRICT ONE REP.

BUDGETING, OTHER KINDS OF ISSUES THAT WE KNOW ARE HEADED TOWARDS THIS COUNCIL.

IT'S TIME TO JUST SAY WE ARE GOING TO COME TOGETHER.

WE ARE IN THE SPIRIT OF CARLSBAD, WE'RE GOING TO FORGET OUR BIASES, FORGET PARTY POLITICS, AND WE'RE GOING TO CONSIDER THE BEST CANDIDATE FOR THE JOB WHO MAY NOT ALWAYS VOTE EACH OF YOUR WAYS, YOU MAY VOTE AGAINST YOU SOMETIMES AND WITH YOU OTHER TIMES, BUT YOU NEED TO DO IT BECAUSE IT'S THE MOST IMPORTANT THING FOR THE CITIZENS OF CARLSBAD.

HELLO AGAIN, MY NAME IS CHAD MAJOR.

CHAD MAJOR.

I'M THE HISTORIC PRESERVATION COMMISSION CHAIRMAN, AND I'M SPEAKING ON MY OWN BEHALF.

I LIVE IN DISTRICT ONE ON HIGHLAND DRIVE, AS YOU KNOW.

I'M IN FAVOR OF APPOINTING SOMEBODY IN THE MEANTIME, UNTIL YOU CAN HAVE THE ELECTION, I THINK IT WOULD BE WRONG TO HAVE DISTRICT ONE AGAIN, GO WITH NO REPRESENTATION FOR THE TEN MONTHS OR WHATEVER WOULD BE BETWEEN NOW AND APRIL.

I THINK IT'S FINE AND FAIR TO SAY THAT THEY CAN'T RUN TO KEEP THE SEAT.

THAT'S FAIR.

I THINK IT'S A LITTLE WEIRD TO HAVE AN ELECTION FOR THAT SEAT IN APRIL AND THEN ANOTHER ELECTION FOR THAT SEAT IN NOVEMBER, WHERE THEY'D HAVE TO RUN TWICE AND RAISE ALL THAT MONEY AND MIX ALL THAT MONEY UP WITH CITY POLITICS.

BUT I THINK THAT THE COUNCIL SHOULD BE ABLE TO FIND SOMEONE THAT'S MIDDLE GROUND THAT EVERYONE CAN SOMEWHAT AGREE ON, HOPEFULLY IN THIS DAY AND AGE THAT REALLY JUST HAS DISTRICT 1 AT HEART AND ISN'T SO PARTISAN AND CAN FILL THAT SEAT IN THE MEANTIME.

MR. BLACKBURN? WE'RE TALKING ABOUT THIS, WAS IT SIX MONTHS BETWEEN AN APRIL ELECTION AND THE NOVEMBER ELECTION? IT'S ACTUALLY ONLY FIVE MONTHS BECAUSE, ISN'T IT, TAKE 30 DAYS FOR THE REGISTERED VOTERS TO ACTUALLY CERTIFY THE VOTE? THAT IS CORRECT.

OK, QUESTIONS.

OK, THANK YOU.

OTHER QUESTIONS? DOCTOR BHAT-PATEL.

YEAH, JUST ONE QUESTION, DEPENDING ON WHAT WE DECIDE.

ONE OF THE QUESTIONS I HAD WAS WOULD WE BE ABLE TO DISCUSS THE APPOINTMENT PROCESS A BIT? THE LAST TIME WE DID THIS WAS, OF COURSE, MANY YEARS AGO.

AND I KNOW THAT SOME OF THE OPTIONS WITH REGARDS TO WHAT THE PROCESS LOOKS LIKE WAS DISCUSSED.

BUT I DO HAVE SOME CONVERSATION I'D LIKE TO HAVE WITH MY COLLEAGUES IF WE DID GO THAT ROUTE.

YES.

OK, GREAT, THANKS.

YES, COUNCIL MEMBER ACOSTA? I THOUGHT NOW MIGHT BE THE TIME THAT, YOU KNOW, AS PART OF THIS DISCUSSION, TALKING ABOUT OUR OPTIONS THAT WE MIGHT BE TALKING ABOUT.

ALSO, WHAT DOES THE APPOINTMENT PROCESS, WHAT WOULD IT LOOK LIKE? YOU KNOW, HOW HAS IT BEEN DONE IN THE PAST? BECAUSE I HAVE OUTSIDER KNOWLEDGE.

I WASN'T ON THE DAIS.

I WASN'T PART OF THE CONVERSATION.

I ONLY KNOW WHAT I SAW AND READ.

BUT FOR THOSE OF YOU, ESPECIALLY CITY STAFF WHO WERE HERE, WHO CAN DESCRIBE THE PROCESS, HOW IT WENT, AND MAYBE SOME SUCCESSFUL WAYS THAT WE MIGHT DO THAT IF WE DID GO DOWN THE APPOINTMENT ROUTE.

WOULD YOU LIKE ME TO TAKE THAT ONE?

[01:35:03]

COUNCIL MEMBER, IF I MAY, I WAS HERE FOR THE LAST APPOINTMENT PROCESS WHEN WE HAD AN ABSENCE CAUSED BY THE RESIGNATION OF FARRAH DOUGLAS.

AND SO WE DID HOLD AN APPOINTMENT PROCESS AND WE HAD THE CITY CLERK PUT OUT A NOTIFICATION OF THE VACANCY AND PEOPLE SUBMITTED APPLICATIONS.

THERE WAS AN APPLICATION FORM AND MOST PEOPLE ATTACHED THEIR RESUME.

I CAN'T RECALL IF WE HAD 29 OR 31 PEOPLE, ALL 31 OR 29, CAME INTO THE CHAMBERS, MADE A PRESENTATION TO THE CITY COUNCIL.

THERE WAS NOT QUESTIONING.

I'LL TALK ABOUT QUESTIONING IN A MINUTE OTHER THAN CLARIFYING WHERE SOMEONE WAS OR LIVED.

AND THEN THE COUNCIL DID SOMETHING REALLY AMAZING.

THEY HAD A BOARD UP HERE WITH ALL 29 OR 31 NAMES LISTED AND THE COUNCIL TOOK THEIR TOP FIVE.

AND BECAUSE WE DON'T ALLOW ANY ANONYMOUS VOTES UNDER THE BROWN ACT AND EVERYTHING WAS TRANSPARENT, EACH COUNCIL MEMBER WAS ALLOWED TO PUT FIVE RANKINGS UP ON THE BOARD.

AND FORTUNATELY, AFTER ALL FOUR COUNCIL MEMBERS CONCLUDED WE HAD SOMEONE WHO WAS A TOP VOTE GETTER AND HAD A UNANIMOUS VOTE, WHICH WAS GOOD BECAUSE THERE WERE SEVERAL WHO HAD THE NEXT AMOUNT OF VOTES.

AND SO THAT WAS WHEN MICHAEL SCHUMACHER WAS APPOINTED TO THE CITY COUNCIL.

THAT'S HOW WE DID AT THAT TIME.

WE'VE ALSO SEEN IT DONE WHEN WE HAD A VACANCY IN ANOTHER OFFICE WHERE THE COUNCIL INSTEAD PREPARED QUESTIONS, AS YOU'VE DONE FOR COMMITTEE MEMBERS IN THE PAST.

THE ONLY THING THAT WE ASK FROM A FAIRNESS PERSPECTIVE IS THAT ALL COUNCIL MEMBERS OR COUNCIL CANDIDATES GET THE SAME QUESTION.

IT WOULDN'T BE FAIR TO ASK EVERYONE DIFFERENT QUESTIONS.

AND AS LONG AS YOUR PROCESS COMPLIES WITH THE BROWN ACT, THE STAFF WILL SUPPORT IT AND FACILITATE IT IN ANY WAY POSSIBLE.

I HOPE THAT HELPS.

THANK YOU, THAT WAS EXACTLY RIGHT AND THERE I DON'T KNOW IF YOU HAVE MORE QUESTIONS ABOUT THIS AREA, BUT I HAD A DIFFERENT QUESTION THAT WAS ABOUT THE CODE.

YOU WANT TO GO AHEAD.

I DO THANK YOU SO A COUPLE OF QUESTIONS.

ONE WOULD BE AROUND THE DURATION THAT WE HAD ALLOWED FOLKS TO SPEAK FOR WHEN THEY WERE TO COME BEFORE US.

AND THEN YOU HAVE FIVE MINUTES AND IT'S LIKE A JOB INTERVIEW, RIGHT.

YOU HAVE THE OPPORTUNITY TO COME MAKE YOUR ELEVATOR SPEECH AND THEN WE HAVE THE OPPORTUNITY TO FIGURE OUT WHAT WE WOULD WANT TO DO.

ONE OF THE THINGS THAT I HAD A QUESTION AROUND, AND POTENTIALLY IT'S GOING TO LEAD INTO A COMMENT, IS HOPEFULLY LOOKING AT MY COLLEAGUES AND SEEING IF WE WOULD BE INTERESTED IN POTENTIALLY ADDING ON AT LEAST A QUESTION.

JUST ONE QUESTION.

IT DOESN'T HAVE TO BE MULTIPLE, BUT ONE OF THOSE QUESTIONS WOULD BE REALLY AROUND WHAT THE DECISION MAKING PROCESS FOR SOMEONE WOULD LOOK LIKE FOR POTENTIALLY A SCENARIO.

AND WE CAN PROVIDE THAT TO FOLKS.

THAT JUST ALLOWS FOR ME AS SOMEBODY WHO WOULD BE WORKING WITH THAT INDIVIDUAL TO UNDERSTAND WHAT THEIR DECISION MAKING PROCESS LOOKS LIKE, WHY THEY WOULD COME TO THAT CONCLUSION, AND THEN HOPEFULLY FOR THE RESIDENTS TO HAVE THAT OPPORTUNITY TO HEAR THAT AS WELL SO THAT THEY KNOW WHAT POTENTIALLY THEIR REPRESENTATIVE WOULD BE REFLECTING IN THEIR DECISION MAKING.

SO THAT'S JUST A QUESTION/COMMENT FOR MY COLLEAGUES, AND LOOKING FORWARD TO MAKING MORE COMMENTS LATER.

QUESTION IS FOR CITY ATTORNEY.

SOME OF THE SPEAKERS, BOTH IN FAVOR AND AGAINST, ASK QUESTIONS ABOUT CAN SOMEBODY RUN IF WE APPOINT THEM, CAN THEY RUN AFTERWARDS? AND WE NOW HAVE A NEWER MUNICIPAL CODE THAT SAYS, NO, THEY CANNOT.

IF THIS COUNCIL DECIDED TO CHANGE THAT, COULD THAT BE.

I KNOW IT TAKES 30 OR SO DAYS FOR A MUNICIPAL CODE TO CHANGE.

CAN THAT BE DONE DURING THE SELECTION PROCESS IF THE COUNCIL CHOSE TO DO THAT? AND I'LL GIVE YOU THE REASON WHY I'M ASKING THAT IS YOU CAN NEVER ANTICIPATE EVERY SCENARIO THAT COULD COME UP IN THE FUTURE.

AND I THINK I DID VOTE IN FAVOR OF THAT WHEN IT WAS BROUGHT BEFORE US NEVER DREAMING THAT THIS IS GOING TO HAPPEN.

AND NOW THAT I'M IN THE MIDDLE OF IT, I LOOK BACK ON IT AND I THINK I'M A LITTLE BIT OF A HYPOCRITE BECAUSE I FEEL LIKE I'M IN THIS VERY UNIQUE SITUATION THAT 14 OR 15 YEARS AGO WHEN [INAUDIBLE] RESIGNED, I WAS ONE OF THOSE PEOPLE WHO ASKED TO BE APPOINTED TO FILL THE REMAINDER OF HER JOB.

I ENDED UP GETTING ELECTED AT THE VERY NEXT ELECTION TO FILL THAT SPOT, BUT THEN

[01:40:01]

YEARS LATER, WHEN FARRAH DOUGLAS LEFT AND MIKE SCHUMACHER RAN, WE HAD IT IN SUCH A WAY THAT HE WAS ALLOWED TO RUN FOR THE SPOT AND HE DID FULFILL THE SPOT.

AND IN MY OPINION, HE DID AN EXCELLENT JOB AND IT WOULD HAVE BEEN TRAGIC TO SAY HE DIDN'T HAVE THE OPPORTUNITY TO RUN AND WE WOULDN'T HAVE HAD WHAT I CONSIDER ONE OF OUR BEST COUNCIL MEMBERS.

SO THAT'S A LONG EXPLANATION THAT GOES ALONG WITH MY QUESTION.

IS IT SOMETHING THIS COUNCIL COULD DO SIMULTANEOUSLY AND MAKE THAT DECISION BEFORE AN APPOINTMENT WERE MADE IF WE CHOSE TO DO THAT? I CAN'T THINK OF ANYTHING THAT WOULD PREVENT THE COUNCIL FROM GIVING US DIRECTION TO BRING BACK AN AGENDA ITEM CONCERNING ANOTHER CHANGE TO THE CODE.

OK, THAT'S MY ONLY QUESTION FOR NOW.

THANKS.

YES.

LET'S START BACK AT COUNCIL MEMBER ACOSTA'S END.

THIS WAS THE SECOND TOPIC THAT I WANTED TO BRING UP, AND I WANTED TO ASK ABOUT THE SAME TOPIC IN A DIFFERENT WAY BECAUSE I WASN'T PART OF THE MUNICIPAL COMMITTEE THAT YOU WERE ON COUNCIL MEMBER BLACKBURN THAT CAME UP WITH THAT RULE THAT SAID THAT AN APPOINTEE COULDN'T RUN FOR THAT OFFICE WITHIN THAT YEAR.

BUT IT MADE SENSE TO ME BECAUSE I THOUGHT, WELL, AN APPOINTEE WOULD HAVE AN AUTOMATIC ADVANTAGE AN INCUMBENT'S ADVANTAGE AND YET THEY DIDN'T RUN.

AND I'M WONDERING WHAT THE DISCUSSION WAS.

THAT WAS WHAT I WAS GOING TO ASK.

WHAT WAS YOUR DISCUSSION? WHY DID YOU COME TO THAT CONCLUSION? THAT'S THE REASON I WOULD HAVE THOUGHT IS BECAUSE YOU DON'T WANT TO GIVE AN APPOINTEE AN INCUMBENT'S ADVANTAGE TO RUN FOR THAT OFFICE THAT IS, YOU KNOW, UNWARRANTED.

IT'S SOMETHING WE GAVE THEM, YOU KNOW, NOT SOMETHING THEY EARNED BECAUSE THEY RAN AND WON THE PEOPLE'S VOTE AND THEN WERE ABLE TO, YOU KNOW, BE AN INCUMBENT AND RUN AGAIN.

IT'S A GIFT THAT WE GAVE THEM THE APPOINTMENT.

SO I'M WONDERING IF THERE WAS MORE DISCUSSION AROUND THAT.

ARE THERE OTHER REASONS WHY IT WOULD BE NOT GOOD FOR AN APPOINTEE TO BE GIVEN THE OPPORTUNITY TO RUN WITHIN A YEAR OF THEIR APPOINTMENT? GO AHEAD, MR. BLACKBURN.

AS PART OF THE MUNICIPAL CODE SUBCOMMITTEE THAT CAME UP WITH THAT.

LIKE I SAID AT THE BEGINNING, IT'S SOMETHING I DIDN'T ANTICIPATE THIS SCENARIO.

SO I DIDN'T LOOK AHEAD AND SEE THIS TYPE OF SCENARIO.

BUT YOU SAY THAT THE PERSON WHO GETS APPOINTED HAS AN UNFAIR ADVANTAGE.

THEY PROBABLY ALSO HAVE AN UNFAIR DISADVANTAGE IF THEY DO A POOR JOB.

SO I LOOK BACK ON IT AND I THINK IF I HAD IT TO DO OVER AGAIN, I WOULD NOT HAVE VOTED THAT WAY.

BUT I COULDN'T SEE THIS SCENARIO AND I COULDN'T LOOK INTO THE FUTURE AND AND RECOGNIZE IT.

THAT'S WHY I ASKED THE QUESTION OF THE CITY ATTORNEY.

IF THIS COUNCIL CHOSE TO CHANGE THAT, COULD WE CHANGE IT DURING THE PROCESS THAT WE WHEN THE PERSON IS APPOINTED, THEY ALSO HAVE THE OPPORTUNITY TO RUN FOR THE SEAT AT THE END OF THAT TERM.

BUT THIS IS JUST MY THOUGHTS.

AND I'M LOOKING TO THE REST OF THE COUNCIL FOR THEIR OPINIONS.

AND I WAS JUST WONDERING, MY QUESTION WAS PHRASED IN SUCH A WAY, LIKE WHAT ARE THE ADVANTAGES OF NOT ALLOWING SOMEBODY TO RUN? WAS THAT ALL THE CONVERSATION WAS WHAT I IMAGINED? I'M NOT SURE IF THERE WAS ANY OTHER ADVANTAGE TO NOT ALLOWING AN APPOINTEE TO RUN.

IF YOU GET RIGHT TO THE POINT, IT WAS POLITICS IS MY BELIEF IS WHY ALL THIS SPUN OUT.

SO, I MEAN, WHEN WE GO BACK OVER THE HISTORY OF TIME, COUNCILS HAVE QUITE OFTEN APPOINTED PEOPLE AND THEY'VE GONE ON TO RUN AGAIN, SO.

I DON'T KNOW, I WASN'T THERE IN THE MEETING AND THERE ARE TWO DIFFERENT PEOPLE, VERY DIFFERENT POLITICS, WHO BOTH AGREED AT THE TIME THAT IT WAS A GOOD IDEA.

SO.

WELL, I GUESS, YEAH.

I MEAN, IF IT'S SOMETHING ELSE BEYOND WHAT YOU SAID.

AND I'LL TELL YOU THAT I THINK THE ATTORNEY WAS PART OF THIS DISCUSSION.

I WAS PART OF THE DISCUSSION AS WELL, THAT THE DISCUSSION WAS KIND OF I DON'T WANT TO SAY A FLIP OF A COIN.

WE TOOK IT MUCH MORE SERIOUSLY THAN THAT.

BUT THERE WASN'T AN IN-DEPTH WHAT IF PROS AND CONS.

IT WAS A RECOMMENDATION THAT CAME UP.

IT WAS BROUGHT TO THE COUNCIL AND THE COUNCIL MADE THE FINAL DECISION.

BUT I THINK IT'S UNFAIR TO READ TOO MUCH INTO IT.

I WAS ONE OF THE PEOPLE WHO SUGGESTED IT AS PART OF THE SUBCOMMITTEE BUT I'M ALSO THE ONE WHO'S NOW ASKING THE QUESTIONS.

WAS THAT THE RIGHT CHOICE? AND I'M USING MICHAEL SCHUMACHER AS THE BEST EXAMPLE OF WAS THAT THE RIGHT CHOICE? OK, THANK YOU.

I THINK IT WAS THE RIGHT CHOICE, BUT THANK YOU.

SO I WOULD ADD THIS.

THIS WASN'T THE MAIN FOCUS WHEN THIS CAME TO THE SUBCOMMITTEE.

THIS PARTICULAR PROVISION, THEY WERE LOOKING AT THE ORDINANCE AS A WHOLE AND THERE WERE A LOT OF REVISIONS THAT WERE MADE AND THEY WERE MORE THE FOCUS OF CONVERSATION THAN THIS PARTICULAR ONE, THIS PARTICULAR PROVISION.

JUST TO FOLLOW UP, ARE THERE OTHER JURISDICTIONS THAT HAVE INCLUDED THAT CLAUSE, FOR INSTANCE, AND HAVE THEY SEEN SUCCESS WITH THAT OR NON SUCCESS? IT WAS BASED ON A RELATIVELY RECENT ORDINANCE THAT WAS DONE BY THE CITY OF CHULA VISTA, AND I DON'T HAVE AN ANSWER TO YOUR QUESTION IN TERMS OF HOW THEY HAD RECENT EXPERIENCE WITH IT.

YES, DR.

BHAT-PATEL.

[01:45:01]

I'D HAVE TO INQUIRE.

IF I COULD GO BACK AND JUST HIGHLIGHT, YOU KNOW, WHEN DR.

BHAT-PATEL ASKED ABOUT ASKING QUESTIONS, YOU KNOW, I THINK THAT'S VERY KEY IF WE'RE GOING TO GO DOWN THAT PATH.

I WOULD ALSO HAVE.

TO HOPE TO INTERVIEW THEM ALL PERSONALLY, IF WE ALL AGREE TO THAT VERSUS JUST FOR THREE MINUTES, BUT WHEN WHEN I THINK OF THE COUNCIL TODAY AND THE BIGGEST GIFT SOMEONE COULD GIVE COMING ON THIS COUNCIL WOULD BE OF HOW THEY'VE COLLABORATED IN THE COMMUNITY, HOW THEY'VE HAD THE ABILITY TO BRING OPPOSING VIEWS TOGETHER FOR THE GREATER GOOD, NOT THROUGH POLITICS, BUT THROUGH ACTUALLY THE GREATER GOOD OF THE FACTS OF MATTERS AND HOW PEOPLE HAVE SOME PEOPLE HAVE A SPECIAL KNACK FOR THAT.

AND I'VE SEEN IT DEMONSTRATED MANY TIMES IN VERY CONFRONTATIONAL SITUATIONS.

AND I THINK THOSE PEOPLE, IF THEY WERE TO APPLY, WOULD BE ABLE TO DO A WHOLE LOT FOR US IN THE NEXT 14 MONTHS.

SO ANOTHER QUESTION RELATED TO THE APPOINTMENT PROCESS AND JUST JUST TRYING TO SEE WHAT OTHER CITIES, OTHER JURISDICTIONS HAVE DONE IN A LIKE WHAT DID THE APPLICATION LOOK LIKE? WAS IT SIMILAR TO OUR COMMISSION APPLICATION THAT HAS BOXES THAT YOU CHECK, YOU KNOW, AND THE CITY CLERK VERIFIES THINGS, YOU KNOW, THE BASIC DATA AND ENSURES THAT THEY WENT THROUGH THE YOU KNOW, IF THEY SAID THEY WENT THROUGH THE CITIZEN'S ACADEMY, THAT THEY DID AND THAT KIND OF THING.

THERE WAS A SAMPLE APPLICATION THAT WAS DONE IN THE LAST GO AROUND AND FOR 2019, AND THAT ONE WAS VERY SIMILAR TO BOARDS AND COMMISSIONS APPLICATION.

HOWEVER, ONCE AGAIN, THE PROCESS WOULD BE DETERMINED BY YOU.

SO IF YOU SO CHOSE TO ADD QUESTIONS ABOUT THEIR QUALIFICATIONS OR WHATEVER QUESTIONS YOU FIND MIGHT HELP YOU MAKE THAT DECISION.

THOSE WOULD BE INCLUDED IN THERE, BUT IT DID INCLUDE BASIC INFORMATION THAT THEY WERE TO PROVIDE, AS WELL AS ITEMS THAT WERE ASKED.

GREAT, THANK YOU.

I GUESS WHAT I'M HEARING IS IT'S UP TO US, THERE ARE SOME EXAMPLES THAT WE CAN TAKE A LOOK AT OF THINGS THAT WE HAVE USED IN THE PAST AND MAYBE OTHER CITIES NEARBY, BECAUSE I KNOW THAT CITIES TO OUR NORTH AND SOUTH HAVE JUST RECENTLY DONE COUNCIL APPOINTMENTS.

AND WE JUST WANT TO MAKE SURE THAT WE'RE DOING IT THE BEST WAY POSSIBLE SO MAYBE WE CAN LEARN FROM THE GOOD THINGS THEY'VE DONE AND MAYBE ALSO SOME, YOU KNOW, MISTAKES AND LESSONS LEARNED THAT WE CAN IMPROVE UPON.

SO THAT'S WHAT I'M HOPING FOR IF WE DO GO DOWN THAT APPOINTMENT ROUTE.

I JUST WANT TO DO IT IN A WAY THAT'S FAIR, THAT'S REASONABLE.

THAT IS, YOU KNOW, REALLY GETS TO TO THE HEART OF THE MATTER OF APPOINTING SOMEONE WHO REPRESENTS DISTRICT ONE REALLY WELL AND AND CARES FOR THE COMMUNITY.

ONE OTHER THING I THINK WAS NOTEWORTHY IN THE LAST ONE, WE HAD THREE PRIOR COUNCIL MEMBERS, ONE DATING ALL THE WAY BACK TO THE 90S, THAT DID APPLY.

SO WE DID HAVE A GOOD SELECTION OF CANDIDATES, OF, YOU KNOW, PEOPLE TO CHOOSE FROM.

ANY OTHER COMMENTS? DOCTOR? YEAH, JUST A FEW COMMENTS, SO I'D LIKE TO START OFF WITH SAYING THAT I AM LOOKING FORWARD TO FILLING THE VACANCY BY AN APPOINTMENT.

I DO APPRECIATE EVERYONE COMING OUT AND MAKING THEIR COMMENTS TONIGHT AND JUST GIVEN THE SITUATION AND THE TIME FRAME, THE COSTS ASSOCIATED WITH HAVING TO HOLD A SPECIAL ELECTION, TO ME, IT SEEMS THE MOST PRUDENT TO MOVE FORWARD WITH TRYING TO FIND SOMEONE VIA AN APPOINTMENT PROCESS.

AND AS I MENTIONED, I DO THINK THAT HAVING THE OPPORTUNITY TO ASK QUESTIONS DURING THAT PROCESS WOULD BE REALLY IMPORTANT.

I THINK FOR ME, HAVING THAT PERSON ANSWER THEM IN REAL TIME IS MORE IMPORTANT THAN JUST ON AN APPLICATION.

IT'S VERY EASY TO PUT SOMETHING TOGETHER ON AN APPLICATION THAT YOU CAN REFINE MANY TIMES, BUT WHEN YOU'RE DOING IT IN REAL TIME, IT'S DIFFERENT.

SO I PERSONALLY WOULD WANT TO INCORPORATE THAT INTO WHATEVER DURATION WE DECIDE UPON.

AND THAT QUESTION SHOULD BE ANSWERED IN THAT TIME FRAME WITH THE BIO AND WHATEVER ELSE SOMEBODY WANTS TO INCORPORATE INTO THEIR STATEMENT.

[01:50:03]

I AM TORN ON THE PIECE WITH REGARDS TO CHANGING THE MUNICIPAL CODE WHERE WE DO NOT ALLOW THE INDIVIDUAL TO RUN.

I PERSONALLY DON'T FEEL THAT WE SHOULD CHANGE.

IT WILL ALLOW FOR US TO BE A LITTLE BIT MORE APOLITICAL IN THAT PROCESS.

I FEEL AT LEAST IT REMOVES THAT CONTINGENT THAT INDIVIDUAL COULD THEN RERUN.

SO THAT'S JUST MY INITIAL THOUGHTS ON THAT.

I'M HAPPY TO HEAR MY COLLEAGUE'S COMMENTS ON THAT AS WELL.

AND THEN, I THINK THE ONLY OTHER THING THAT I HAD PUT A COMMENT ON WAS WITH REGARDS TO THE PROCESS ITSELF, I'M OPEN TO, OF COURSE, DISCUSSING IF WE WANTED TO DO LIKE A RANK CHOICE, SORT OF VOTING FOR THE INDIVIDUAL ONCE WE GET TO THE POINT WHERE WE HAVE THOSE INDIVIDUALS.

AND THEN I KNOW THE MAYOR ASKED WHETHER OR NOT WE WOULD BE OPEN TO DOING INDIVIDUAL INTERVIEWS, I THINK AS LONG AS WE ALL DECIDED THAT WE WANTED TO GO THROUGH THAT PROCESS, I DO THINK THAT WE SHOULD ALL BE INTERVIEWING EACH INDIVIDUAL THAT THEN APPLIES SO THAT IT IS A FAIR SHOT RATHER THAN JUST ONE PERSON MAYBE WANTING TO INTERVIEW EVERYONE AND THEN ONLY, YOU KNOW, THE REST OF US, THEN MAYBE HAVING THE OPPORTUNITY TO HEAR THAT PERSON FOR THE FIRST TIME DURING THEIR PROCESS THAT THEY COME BEFORE US.

SO I THINK IT WOULD JUST MEAN THAT WE WOULD OF COURSE, IT'S JUST A COMMITMENT THAT WE'RE MAKING TO ONE ANOTHER, THAT WE WOULD GO THROUGH THAT PROCESS.

BUT I DO THINK THAT WE JUST NEED TO MAKE SURE THAT WE DO SO IN A WAY THAT'S EQUAL FOR ALL APPLICANTS.

THOSE ARE MY COMMENTS.

MR. BLACKBURN COMMENTS? I'LL JUST REITERATE, I WOULD HATE TO GET A CANDIDATE WHO IS DOING AN EXCELLENT JOB, BUT BECAUSE OUR MUNICIPAL CODE, A CHOICE THAT WE MADE JUST MONTHS AGO, REALLY.

WOULD PROHIBIT THAT PERSON FROM CONTINUING TO DO A GOOD JOB AND THAT WE WOULD JUST ARBITRARILY HAVE TO START OVER.

I THINK RESIDENTS ARE SMART ENOUGH TO WATCH, ESPECIALLY THEY'D BE VERY CURIOUS TO SEE HOW A AN APPOINTEE WOULD PERFORM.

AND IF THE APPOINTEE PERFORMED POORLY, THEN SOMEBODY ELSE WILL GET ELECTED TO THAT SEAT.

IF SOMEBODY DID AN EXCELLENT JOB AND AGAIN, I WILL JUST KEEP THROWING MICHAEL SCHUMACHER OUT THERE, IT WOULD HAVE BEEN DEVASTATING TO THE COMMUNITY TO HAVE SAID YOU DID AN EXCELLENT JOB, NOW HIT THE ROAD.

WE'RE GOING TO START OVER WITH SOMEBODY NEW.

SO I FEEL STRONGLY THAT I'D LIKE TO REVERSE MY VOTE ON THAT.

AND I FEEL STRONGLY THAT WE'RE TAKING AWAY THE OPPORTUNITY OF SOMEBODY TO PERFORM WELL THEN ALSO CONTINUE TO PERFORM WELL AFTER THE APPOINTMENT IS OVER.

CAN I ASK A QUESTION? EVEN IF WE WANTED TO, WE DECIDED TO DO THAT, CAN WE MAKE IT THROUGH THE LEGAL PROCESS IN TIME TO MAKE IT WORK FOR WHAT WE'RE UP AGAINST TONIGHT? IF WE BRING BACK AN AGENDA ITEM NEXT TUESDAY, THE 27TH, IF WE'RE ABLE TO DO THAT, THE STAFF REPORTS, OF COURSE, BEING DUE LAST WEEK.

BUT IF WE AGAIN, MANAGE TO GET THAT ON, ON TUESDAY, AND YOU ALL DECIDED TO INTRODUCE AN ORDINANCE, IT WOULD TAKE EFFECT.

THAT WOULD BE THE FIRST READ THEN YOU'D HAVE A SECOND READ.

IT WOULD TAKE EFFECT 15 DAYS, EXCUSE ME, 30 DAYS AFTER THE SECOND READ.

SO I HAVE SEPTEMBER 17TH.

YEAH, SEPTEMBER 17TH THAT IT WOULD BE EFFECTIVE.

SO THAT DOESN'T WORK.

ARE YOU SAYING THAT DOESN'T WORK OR JUST TO GO IN EFFECT AFTER THE SELECTION WAS MADE, IT WOULD STILL WORK.

AFTER THIS ELECTION, YOU COULD MAKE IT WORK.

AFTER THE SELECTION WAS MADE, WOULD YOU BE MORE SPECIFIC, CITY ATTORNEY? IF THIS COUNCIL INITIATED, INTRODUCED AND ADOPTED IT AND IT WAS EFFECTIVE LATER PRIOR TO THIS PERSON COMING ON BOARD, IT WOULD TAKE EFFECT AFTER THE APPOINTEE, BUT THE APPOINTEE WOULD NOT BE VOTING ON IT.

IF I UNDERSTAND THIS, IT'S AFTER SEPTEMBER 3RD.

RIGHT, SO IF THE COUNCIL WERE TO IF WE BROUGHT THE ITEM BACK NEXT TUESDAY AND IT WAS INTRODUCED THEN AND THEN YOU HAVE YOUR BREAK.

SO IT WOULD IF IT WERE ADOPTED ON I THINK IT'S AUGUST 17TH IS YOUR NEXT MEETING, THE ORDINANCE WOULD BE ADOPTED, BUT IT WOULDN'T BECOME EFFECTIVE UNTIL SEPTEMBER 17TH.

AND YOU ARE REQUIRED TO MAKE AN APPOINTMENT BY SEPTEMBER 3RD.

OR YOU MUST CALL A SPECIAL ELECTION.

YOU'RE NOT ANSWERING THE QUESTION DIRECTLY.

IF IT DOES TAKE EFFECT AFTER THE APPOINTMENT IS MADE, IT WOULD STILL ALLOW THAT PERSON TO RUN FOR THAT POSITION.

IS THAT CORRECT? THAT'S CORRECT.

YES, MS. ACOSTA? SURE, I'M READY TO MAKE MY COMMENTS.

[01:55:01]

OK, I'M TRYING TO GO THROUGH THE LIST THAT I WROTE DOWN HERE AND I WAS LISTENING VERY CAREFULLY TO THE PUBLIC COMMENT AND READING THROUGH THE PUBLIC COMMENT THAT CAME IN.

THERE HAS BEEN A LOT OF INTEREST.

AND I WELCOME THAT.

YOU KNOW, PEOPLE IN D1 IN PARTICULAR WEIGHING IN WITH HOW THEY FEEL ABOUT THIS THIS PARTICULAR VACANCY AND HOW WE CAN FILL IT.

THAT NUMBER, THE ESTIMATE OF 450 TO 650000 DOLLARS FOR A SPECIAL ELECTION MADE ME SAY, WOW, JUST SITTING RIGHT HERE WAS BIGGER THAN THE NUMBER IT WAS IN THE STAFF REPORT.

AND I ALREADY FELT THAT NUMBER WAS TOO BIG.

SO I AM NOT IN FAVOR OF THE SPECIAL ELECTION AND SPENDING TAXPAYER FUNDS FOR SUCH A LARGE AMOUNT FOR THE SPECIAL ELECTION, FOR SUCH A SHORT PERIOD OF TIME UNTIL THE NOVEMBER 2022 ACTUAL ELECTION.

SO I AM GOING DOWN THE APPOINTMENT ROUTE AND I'M SUPPORTIVE OF THIS.

I JUST WANT TO BE REALLY CLEAR AND CAREFUL ABOUT HOW WE PUT IT TOGETHER SO THAT IT'S AS FAIR AS POSSIBLE.

THERE WERE PEOPLE WHO WEIGHED IN ON THAT IN PUBLIC COMMENT TODAY AND I WROTE DOWN SOME OF THEIR NOTES.

BUT JUST BEING CAREFUL AND AND UNDERSTANDING WHAT THE APPLICATION LOOKS LIKE, THAT'S WHY WE'RE ASKING THESE QUESTIONS AND WANT TO KIND OF HAVE A ROLE IN MAKING SURE THAT IT'S CLEAR CUT THAT WE DEFINITELY VERIFIED.

I KNOW THERE WERE QUESTIONS IN OCEANSIDE ABOUT THE APPOINTMENT UP THERE THAT THINGS HADN'T BEEN PROPERLY VERIFIED.

SO I JUST WANT TO MAKE SURE THAT WE VERIFY CANDIDATES AND THAT THE INFORMATION THAT IS PRESENTED IS TRUTHFUL AND CORRECT.

I KNOW THAT WE DO THAT ALREADY AND WE DO A GREAT JOB, BUT I COME FROM A SLIGHTLY DIFFERENT PERSPECTIVE AS A NONINCUMBENT WHO RAN FOR OFFICE IN A NON INCUMBENT OFFICE.

THERE WAS NOBODY WHO SAT IN THIS DISTRICT FOR SEAT BEFORE I RAN AND MY OPPONENT RAN AND I JUST REALLY ENJOYED THE PROCESS OF TALKING WITH THE COMMUNITY AND ENGAGING PEOPLE.

AND I FEEL LIKE THERE IS SUCH A THING AS AN INCUMBENT ADVANTAGE AND IT EXISTS.

AND IT'S NOT FAIR TO NEW PEOPLE LIKE MYSELF WHO COME IN, WHO BRING A LOT OF GREAT QUALITIES AND COMMITMENT TO SERVICE TO TO THE DAIS AND AND I REALLY THINK THAT GIFTING SOMEONE AN INCUMBENT ADVANTAGE THROUGH AN APPOINTMENT PROCESS IS UNFAIR.

AND I'M ALL ABOUT FAIRNESS AND DOING WHAT IS THE RIGHT THING, PARTICULARLY FOR DISTRICT ONE THAT HAS HAD SUCH A SUCH A TEMPESTUOUS TIME, SUCH LIKE A CONTROVERSIAL TIME WITH MULTIPLE PEOPLE AND TWO RESIGNATIONS SINCE THE DISTRICT WAS CREATED IN 2017.

SO I'M THINKING OF DISTRICT ONE AND TRYING TO THINK OF WHAT IS MOST FAIR.

SO I SUPPORT THE ORDINANCE THAT SAYS THAT AN APPOINTEE CAN'T RUN WITHIN THAT SAME YEAR FOR THAT OFFICE, FOR THE DISTRICT ONE COUNCIL SEAT.

AND I DON'T THINK WE SHOULD CHANGE THAT.

AND AS FOR THE APPLICATION AND THE INTERVIEW PROCESS AND TRYING TO MAKE SURE THAT WE CAN REALLY [INAUDIBLE] OUT THEIR SKILLS, THEIR ABILITY TO COLLABORATE AND THEIR CARE AND COMPASSION FOR THE COMMUNITY AND THEIR UNDERSTANDING, I THINK THAT DOES COME THROUGH THE APPLICATION AND INTERVIEW PROCESS.

I THINK MAYBE AN INTERVIEW QUESTION OR QUESTION ON THE ACTUAL APPLICATION MIGHT BE NICE, MAYBE LIKE SHORT FORM QUESTIONS, LIKE JUST A PARAGRAPH.

YOU KNOW, WE ASK A COUPLE OF QUESTIONS, BUT ALSO GIVE THE COUNCIL THE OPPORTUNITY TO ASK A LIVE QUESTION.

I LOVE THAT IDEA OF LIKE HEARING A SCENARIO.

I THINK THERE'S A TERM FOR THAT IN H.R.

I DON'T KNOW WHAT IT'S CALLED, BUT IT'S LIKE HYPOTHETICAL SCENARIO QUESTIONING OR SOMETHING.

BUT I THINK THAT YOU GET TO UNDERSTAND PEOPLE'S THOUGHT PROCESS AND, YOU KNOW, THE ABILITY TO THINK THROUGH HOW TO MAKE A TOUGH DECISION IF YOU GIVE THEM A HYPOTHETICAL LIVE IN THE KIND OF INTERVIEW.

SO I LOVE THE IDEA OF DOING THE TRANSPARENT LIVE.

I DON'T KNOW WHAT YOU CALL IT, LIKE A GRID, A TABLE WHERE WE KIND OF VOTE IN FRONT OF EVERYBODY.

AND I THINK THAT IS THE WAY THAT WE SHOULD DO IT AGAIN, I THINK IT WORKED OUT WELL, EVEN IF IT HADN'T EVEN IF THERE HADN'T BEEN A UNANIMOUS CHOICE THAT LAST TIME, I THINK THAT MAY BE JUST LIKE A SECOND ROUND, LIKE ANOTHER QUESTION WE WOULD HAVE THE COUNCIL WOULD HAVE BEEN ABLE TO COME TO ONE PERSON.

SO I'M HOPEFUL THAT WE CAN DO THAT HERE.

I THINK THAT WE CAN FIND SOMEBODY THAT WE CAN ALL AGREE ON.

I'M OPTIMISTIC ABOUT IT.

AND I THINK THAT'S THE WAY THAT WE SHOULD GO.

YES, DOCTOR? I ALREADY MADE MY COMMENTS.

I MADE MY COMMENTS BUT I LIKE THE IDEA OF A HYPOTHETICAL QUESTION, BUT RATHER THAN IT BE IN WRITING, I'D LIKE IT TO BE ONE OF THE ONES THAT THEY HAVE TO ADDRESS IN REAL LIFE.

AND I GUESS THE ONLY THING I WOULD LIKE TO ADD IS AS IMPORTANT AS THIS IS, I DON'T KNOW THAT I CAN JUDGE SOMEBODY IN THREE TO FIVE MINUTES.

[02:00:01]

SO I WILL BE INTERVIEWING THOSE WHO ESPECIALLY THOSE WHO I DON'T KNOW, BECAUSE THOSE ARE THE ONES THAT I NEED TO KNOW IN ORDER TO PASS JUDGMENT.

AND SO I YOU KNOW, I WOULD LIKE TO BE ABLE TO INTERVIEW ALL THE CANDIDATES TO WHATEVER DEPTH I FEEL NECESSARY.

YEAH, JUST A COMMENT ON THAT, I THINK THAT'S A GREAT IDEA AND I FORGOT TO MENTION THAT IN MY COMMENTS.

I ALSO APPRECIATED THAT COUNCIL MEMBER BHAT-PATEL, JUST FOR THE INTEREST OF FAIRNESS, SAID THAT IF ONE OF US INTERVIEWS THEM, THAT WE SHOULD ALL TRY TO INTERVIEW THEM AND MAKE SURE THAT WE TRY TO WE EACH GET THE OPPORTUNITY TO SIT DOWN WITH EVERYBODY.

SO I DO THINK THAT'S A GOOD IDEA FOR ALL OF US TO INTERVIEW FOLKS.

SO ARE WE READY TO MOVE FORWARD? I WANT TO MAKE ONE MOTION FIRST, THEN I'LL BE READY TO MAKE THE MAIN MOTION.

BUT I WOULD LIKE TO MAKE THE MOTION THAT WE BEGIN THE PROCESS OF CHANGING THE MUNICIPAL CODE SO THE APPOINTEE CAN RUN FOR THE SPOT AT THE END OF THEIR TERM.

HEARING NO SECOND, THEN I WILL GO ON TO THE NEXT MOTION.

I MOVE THE ADOPTION OF A RESOLUTION DECLARING THE EXISTENCE OF A CITY COUNCIL DISTRICT NUMBER ONE VACANCY AND THAT WE BEGIN THE PROCESS OF A APPOINTMENT.

I'M SORRY, DOCTOR? JUST A QUICK QUESTION, SO SINCE WE'VE DONE THAT, THAT WAS I KNOW THAT WAS THE ONLY DIRECTION THAT YOU ALL NEEDED.

HOWEVER, FOR THE CONVERSATION AROUND THE APPOINTMENT PROCESS WOULD NOW BE APPROPRIATE TO POTENTIALLY PROVIDE SOME MORE CLARITY ON WHAT WE WOULD WANT INCLUDED IN THAT.

YES, OUR GOAL WOULD BE TO BRING THAT BACK AND HAVE YOU APPROVE IT AT THE NEXT MEETING.

OK, SO PROVIDING THAT DIRECTION NOW WOULD BE HELPFUL FOR THE NEXT MEETING? YES.

OK, GOOD.

YOU WANT TO GIVE DIRECTION NOW? SURE.

SO BASED ON THE CONVERSATION THAT WE JUST HAD, I WOULD LIKE TO AT LEAST INCLUDE AND I'M SURE OTHERS MAY CHIME IN HERE.

SO IF YOU ALL WANT TO INCLUDE ANYTHING, I'M HAPPY TO INCLUDE IT IN MY MOTION.

HOWEVER, DURING THE APPOINTMENT PROCESS, WE'VE ALL AGREED TO INTERVIEW THE CANDIDATES THAT APPLY TO ALLOW FOR A FIVE MINUTE PITCH DURING THE CONVERSATION.

WHEN WE INTERVIEW ALL CANDIDATES THAT WE'VE BROUGHT FORWARD.

COUNCIL MEMBER, IF I COULD JUST WHEN YOU INITIALLY SAY INTERVIEW, YOU'RE TALKING ABOUT INDIVIDUAL PERSONAL INTERVIEWS BY EACH OF THE COUNCIL MEMBERS OUTSIDE OF THE PUBLIC'S VIEW.

SO IT WOULD BE PRIVATE MEETINGS.

AND THE ONLY REASON I'M SEEKING THIS CLARIFICATION IS I DON'T WANT ANYONE TO EXPECT THAT WE'RE GOING TO HAVE THE COUNCIL MEETING OPEN AND THEN WE'RE GOING TO HAVE A SERIES OF IT WOULD BE A ONE ON ONE.

YES, INDIVIDUAL ONE ON ONE INTERVIEW WITH EACH OF THE DIFFERENT COUNCIL MEMBERS AND THE MAYOR AND THEN ALSO INCORPORATING A HYPOTHETICAL SCENARIO QUESTION INTO THE PITCH THAT AN INDIVIDUAL WOULD BE MAKING.

AND WE'LL LEAVE THAT TO THE DISCRETION OF OF THE STAFF TO FIGURE OUT WHAT MIGHT BE A GOOD ONE, UNLESS YOU WOULD LIKE US TO PROVIDE ONE.

WE CAN BRING ONE BACK FOR YOUR APPROVAL.

OK, GREAT.

AND FOR CLARIFICATION, YOU'RE LOOKING SPECIFICALLY FOR A HYPOTHETICAL THAT ELIMINATES THE PERSON'S DECISION MAKING? CORRECT, YES, PLEASE.

AND WITH THE APPLICATION PROCESS, I BELIEVE THERE WAS A MENTION OF INCORPORATING A QUESTION WITH REGARDS TO THEIR PASSION TO SERVE THE COMMUNITY AND WHY THEY WOULD WANT TO SERVE THE COMMUNITY.

SO INCORPORATING THAT INTO THE APPLICATION AND THAT WOULD BE MY MOTION.

AND IF I FORGOT ANYTHING, YOU CAN ADD A FRIENDLY AMENDMENT IN COUNCIL MEMBER.

AND AGAIN, MY APOLOGIZE, BUT WE'RE JUST TRYING TO SEEK CLARIFICATION.

WOULD IT BE HELPFUL IF EACH COUNCIL MEMBER SAY, SUBMITTED A QUESTION TO THE CITY ATTORNEY, THE CITY ATTORNEY CAN SCRUB IT FOR LEGAL AND ILLEGAL ISSUES.

AND THEN WHAT WE CAN DO IS BRING THOSE QUESTIONS BACK.

WE WOULD JUST ASK THAT YOU DO SO IN A FAIRLY TIMELY FASHION.

SO THAT WAY WE CAN ALSO GET A FLAVOR FOR EACH INDIVIDUAL COUNCIL MEMBER'S DESIRES, NEEDS, EXPECTATIONS, AND WHAT THEY WOULD LIKE TO SEE THE CANDIDATE ANSWER.

AND THIS IS WITH REGARDS TO THE APPLICATION ITSELF.

I CAN INCLUDE THAT IN MY MOTION.

AND WHEN YOU SAID FIVE MINUTES, THAT MEANS FIVE MINUTES PRESENTATION NIGHT OF? MM HMM.

IS NOW THE TIME TO ADD THE WAY WE DID IT LAST TIME WITH THE BOARD AND WE ALL PUT--THE RANKED CHOICE.

AND I SECOND THE MOTION.

[02:05:01]

THERE WERE TWO OTHER CONCEPTS THAT I HEARD THE COUNCIL MEMBERS TALK.

ONE WAS AROUND RANK CHOICE VOTING, WHETHER YOU WANTED TO INCLUDE THAT IN THE PROCESS.

AND THEN I THOUGHT I HEARD COUNCIL MEMBER ACOSTA ALSO WANT SOME SORT OF LIVE HYPOTHETICAL WAS.

YEAH, I INCLUDED THAT.

OH I THOUGHT I HEARD YOU SAY A HYPOTHETICAL IN THE APPLICATION PROCESS.

SO THAT'S WHY I WAS.

OH YEAH.

NO WHEN I HAD MENTIONED EARLIER DURING MY COMMENTS I HAD MENTIONED WANTING TO DO IT LIVE AS WELL.

SO I THINK WE ALL WERE ON THE SAME WAVELENGTH ON THAT.

ALL RIGHT, THANK YOU.

AND THAT'S PART OF THEIR FIVE MINUTES? INCLUDED IN THE FIVE MINUTES.

THAT WAS DR. BHAT-PATEL MOTION, I'LL SECOND.

OH, OK.

I'M SORRY.

I JUST WANT TO CLARIFY ONE THING, AND THAT IS IF EACH OF THE COUNCIL MEMBERS DESIRES TO SUBMIT A QUESTION TO THE CITY ATTORNEY'S OFFICE FOR INCLUSION IN THE STAFF REPORTS THAT YOU ALL CAN MAKE THE CHOICE ABOUT THE HYPOTHETICAL THAT YOU WANT TO USE.

THOSE WOULD BE DUE TO OUR OFFICE BECAUSE THEY NEED TO BE PUBLISHED ON FRIDAY.

THEY'D BE DUE TO OUR OFFICE ON THURSDAY MORNING AT 10:00.

THAT'S THIS THURSDAY? YES.

ANY OTHER CONVERSATION? CALL THE QUESTION, PLEASE VOTE.

OK, OK.

PASSES UNANIMOUSLY.

IS THAT IT FOR THIS ITEM, I TAKE IT?

[8. CITY COUNCIL REGIONAL COMMITTEE AND SUBCOMMITTEE APPOINTMENTS – 1) Adoption of a resolution suspending the Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update Subcommittee; and 2) Adoption of a resolution appointing members of the City Council to the San Diego Association of Governments Board of Directors; and 3) Adoption of a resolution appointing members of the City Council to the San Diego Association of Governments Shoreline Preservation Working Group; and 4) Adoption of a resolution appointing members of the City Council to the North County Transit District Board of Directors; and 5) Adoption of a resolution confirming the Mayoral appointment of a member of the City Council to the San Diego County Water Authority Board of Directors; and 6) Adoption of a resolution appointing members of the City Council to the Clean Energy Alliance Joint Powers Authority Board of Directors; and 7) Adoption of a resolution confirming the Mayoral appointments of members of the City Council to the various regional committee assignments; and 8) Adoption of a resolution confirming the Mayoral appointments of members of the City Council to the various subcommittee assignments. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Receive the presentation and adopt the resolutions.]

MOVING ONTO ITEM EIGHT, DOES ANYONE WANT A BREAK OR ARE WE GOING TO KEEP MOVING? KEEP MOVING.

CITY COUNCIL, REGIONAL COMMITTEE AND SUBCOMMITTEE APPOINTMENTS, MR. CHADWICK, INTRODUCTIONS.

[INAUDIBLE] AND ITEM TWO ALSO MAKING THE PRESENTATION IS OUR ASSISTANT CITY ATTORNEY, CINDY MCMAHON, AS WELL AS OUR CITY CLERK SERVICES MANAGER FAVI.

LADIES, HELLO AGAIN.

AS MENTIONED IN THE PREVIOUS ITEM, ON JULY 9TH, 2021, CITY COUNCIL MEMBER CORI SCHUMACHER RESIGNED FROM HER DISTRICT ONE CITY COUNCIL SEAT.

EFFECTIVE IMMEDIATELY, HER RESIGNATION HAS LEFT VACANCIES ON BOTH CITY COUNCIL, REGIONAL COMMITTEE ASSIGNMENTS AND SUBCOMMITTEE ASSIGNMENTS IN ACCORDANCE WITH CARLSBAD MUNICIPAL CODE SECTION 2.04.100 AND CALIFORNIA GOVERNMENT CODE SECTION 40605.

THIS ITEM IS BEING BROUGHT FORWARD TO HAVE THESE VACANCIES REASSIGNED TO OTHER MEMBERS OF THE CITY COUNCIL.

THE CITY COUNCIL MAY CONSIDER APPROVAL OF ONE OF THE FOLLOWING OPTIONS, OPTION ONE WOULD BE TO ONLY REASSIGN THE DISTRICT ONE REGIONAL AND SUBCOMMITTEE VACANCIES.

IF THE CITY COUNCIL SELECTS THIS OPTION, THE FOLLOWING REGIONAL AND SUBCOMMITTEE ASSIGNMENTS WOULD NEED TO BE REASSIGNED.

THESE CAN ALSO BE FOUND IN EXHIBIT SEVEN AND EIGHT OF THE STAFF REPORT.

THE REGIONAL ASSIGNMENTS INCLUDE THE LEAGUE OF CALIFORNIA CITIES PRIMARY APPOINTEE, BUENA VISTA LAGOON JOINT POWERS COMMITTEE PRIMARY, ENCINA WASTE WATER AUTHORITY, BOARD OF DIRECTORS, NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY ALTERNATE AND FOR THE SUBCOMMITTEE ASSIGNMENTS, THAT INCLUDES THE HOMELESS ACTION SUBCOMMITTEE, AS WELL AS THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY SUBCOMMITTEE.

OPTION TWO WOULD BE TO REASSIGN ALL REGIONAL AND SUBCOMMITTEE ASSIGNMENTS IF THE CITY COUNCIL SELECTS THIS OPTION.

ALL OF THE REGIONAL AND SUBCOMMITTEE ASSIGNMENTS LAST CONFIRMED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD JANUARY 12, 2021 MAY BE REASSIGNED.

A LIST OF ALL THE ASSIGNMENTS MAY BE FOUND IN EXHIBITS TWO THROUGH EIGHT OF THE STAFF REPORT.

MEETING INFORMATION, INCLUDING MEETING TIMES AND LOCATIONS FOR EACH OF THE REGIONAL SUBCOMMITTEE ASSIGNMENTS MAY BE FOUND IN EXHIBIT NINE.

I WOULD LIKE TO POINT OUT THAT PAGE THREE OF EXHIBIT NINE LISTS THE CLEAN ENERGY ALLIANCE AS MEETING ON THE THIRD THURSDAY, BUT HAS ACTUALLY MOVED TO THE FOURTH THURSDAY OF EVERY MONTH.

IN ADDITION TO OFFERING THESE OPTIONS TO THE CITY, COUNCIL, STAFF ALSO RECOMMENDS THAT BOTH THE HOMELESS ACTION SUBCOMMITTEE AND THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY UPDATE SUBCOMMITTEE BE SUSPENDED.

STAFF WORK WILL CONTINUE, AND ALL ITEMS THAT WOULD HAVE BEEN REVIEWED AND CONSIDERED BY THESE SUBCOMMITTEES WOULD NOW GO DIRECTLY TO THE FULL CITY COUNCIL FOR CONSIDERATION AND APPROVAL.

THIS CONCLUDES THE PRESENTATION AND STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS.

SPEAKERS? QUESTIONS? COMMENTS? WE'LL START WITH COUNCIL MEMBER ACOSTA.

WHEN I FIRST WAS LOOKING THROUGH THE ITEM, I DEFINITELY THOUGHT THAT IT

[02:10:04]

MADE A LOT OF SENSE FOR THE COUNCIL SEAT THAT'S VACANT, THAT HAS REGIONAL APPOINTMENTS ASSIGNED TO IT WOULD BE MAKE THE MOST IT WOULD MAKE THE MOST SENSE IF THOSE APPOINTMENTS WERE DISPERSED AMONG THE COUNCIL.

AND I THINK THAT'S WHAT HAPPENED LAST TIME THERE WAS A VACANCY.

BUT NOT TO REASSIGN ALL REGIONAL AND SUBCOMMITTEE ASSIGNMENTS JUST BECAUSE IT MIGHT GET MESSY.

AND THERE'S SOME SCHEDULING DIFFICULTIES.

AND WE KNOW THAT EVEN WITH CAREFUL CONSIDERATION, THERE WERE SOME SCHEDULING DIFFICULTIES THE LAST TIME, WHICH IS HOW I GOT ON THE NORTH COUNTY DISPATCH JPA AND I'M VERY HAPPY TO BE THERE.

SO THANK YOU, MAYOR PRO TEM BLACKBURN, FOR HAVING A SCHEDULING ISSUE THAT LED TO THAT.

SO I REALLY DO THINK THAT JUST DISPERSING THE ASSIGNMENTS THAT BELONGED TO COUNCIL MEMBER SCHUMACHER AMONG US IS THE BEST WAY TO ABSORB THEM.

AND I DID LAST TIME, IF YOU RECALL, HAVE A CONFLICT WITH THE LEAGUE OF CALIFORNIA CITIES IN THAT I AM A SPONSOR OR MY CLIENT IS A SPONSOR.

BUT I WAS ABLE TO RESOLVE THAT SO I WOULD BE ABLE TO ATTEND THE LEAGUE OF CALIFORNIA CITIES DIVISION MEETING SAN DIEGO COUNTY DIVISION MEETINGS.

AND I YOU KNOW, I USED TO WORK AT THE LEAGUE OF CALIFORNIA CITIES AND I'M VERY TIED IN THERE.

SO THAT WOULD BE AN EASY ONE TO TAKE ON AND DO WELL WITH.

SO I JUST WANTED TO MENTION THAT BECAUSE THAT WAS--WHILE YOU'RE SPEAKING, WHICH ARE THE ONES WOULD YOU THINK YOU MIGHT WANT--MIGHT AS WELL.

WELL, THE ENCINA WASTEWATER AUTHORITY BOARD OF DIRECTORS, I'M ALREADY THE ALTERNATE.

GO FOR IT.

YOU'VE GOT THE MIC.

IT WAS COUNCIL MEMBER STEPPING FORWARD.

YOU DON'T NEED ALL THE BACKGROUND, I GUESS, BUT I WOULD BE HAPPY TO TAKE ON THAT POSITION AS WELL.

I COULD STEP FORWARD.

AND THEN, YOU KNOW, I HAVE THE PRIMARY NORTH COUNTY DISPATCH JPA POSITION NOW, SO I WOULDN'T BE ABLE TO TAKE THE ALTERNATE BECAUSE I HAVE THE PRIMARY POSITION.

BUT THOSE ARE JUST THE TWO LEAGUE OF CALIFORNIA CITIES, SAN DIEGO COUNTY DIVISION AND ENCINA WASTEWATER AUTHORITY BOARD OF DIRECTORS--CAN'T INTEREST YOU IN JOINT DISPATCH? NO, I'M ALREADY THERE.

OH YEAH.

I'M THE PRIMARY.

YOU CAN'T DO TWO AT ONCE, HUH? [CHUCKLING] I CAN'T BE THE PRIMARY AND ALTERNATE, I DON'T THINK.

NO.

OK, DOCTOR, YOU'RE NEXT.

SURE, SO I AGREE THAT JUST REASSIGNING DISTRICT ONE WOULD MAKE THE MOST SENSE IN TERMS OF WHERE WE'RE AT CURRENTLY AND WAITING FOR THE PROCESS OF WHEN WE DO THE REASSIGNMENTS FOR EVERYONE IN JANUARY TO MOVE IT ALONG AT THAT POINT.

AND I WOULD BE HAPPY TO SERVE ON ANYTHING IF WE NEED TO.

BUT I DO HAVE A PRETTY FULL PLATE, SO I WILL DO SO IF NEED BE.

WHAT WOULD YOU LIKE TO VOLUNTEER FOR? MS. ACOSTA.

DID YOU SAY YOU WERE TAKING THE LEAGUE OF CALIFORNIA CITIES? I WOULD BE HAPPY TO, YES.

I AGREE WITH STAFF THAT THE SUBCOMMITTEES COULD BE SUSPENDED, BUT AS A RESULT, I'M ALREADY ON BUENA VISTA LAGOON JOINT POWERS COMMITTEE.

I'M ALREADY ON ENCINA WASTEWATER AND I HAD TO GIVE UP NORTH COUNTY DISPATCH BECAUSE IT'S THE SAME.

OH BY THE WAY, IT IS THE SAME DAY AS ENCINA WASTEWATER.

SO NOW YOU CANNOT ATTEND BOTH OF THOSE.

AT THE EXACT SAME TIME? IT IS, AND I HAVE ASKED FOR THEM TO CHANGE THE TIME AND THEY DID CHANGE THE TIME, BUT THEN ENCINA WASTEWATER CHANGED THEIR TIME TO BE THE EXACT SAME TIME AGAIN.

WEREN'T YOU PRESIDENT OF THAT? ON ENCINA WASTEWATER, I'M THE CHAIR--AND YOU CAN'T HANDLE THIS? [CHUCKLING] I CAN ONLY DO SO MUCH, SIR.

SO I THINK THERE'S GOING TO BE A CONFLICT FOR MS. ACOSTA AS WELL, IT'D BE THE EXACT SAME CONFLICT THAT I HAVE IF SHE IS GOING TO BE ON ENCINA WASTEWATER.

AND IF YOU ARE TOO BUSY, I'M HAPPY TO ATTEND BOTH OF THE COMMITTEE MEETINGS FOR ENCINA WASTEWATER IF YOU WANT ME TO, I'M COMPLETELY HAPPY TO DO THAT.

OK, SO BUT I THINK YOU'RE SAYING THAT I WOULD HAVE A CONFLICT WITH NORTH COUNTY DISPATCH JPA AND ENCINA WASTEWATER AUTHORITY BOARD OF DIRECTORS AS THE SECOND.

THEY'RE HELD AT THE SAME TIME AND THE SAME DAY.

OK, SO THEN I WILL JUST STAY WITH NORTH COUNTY DISPATCH JPA BECAUSE I LIKE THEM AND THEY NEED ME AND AND ALSO LEAGUE OF CALIFORNIA CITIES FROM THIS LIST.

SO WE WOULD NEED A SECOND PERSON FOR ENCINA WASTEWATER, BUT I THINK IT CAN WAIT UNTIL WE HAVE ANOTHER BOARD MEMBER, UNLESS ONE OF OUR CURRENT COUNCIL MEMBERS WANTS TO TAKE IT, BUT IF IT'S GOING TO BE A BURDEN, I THINK IT CAN WAIT UNTIL THE APPOINTMENT.

YOU'RE BOTH SHAKING YOUR HEADS YES? YEAH, THAT'S FINE.

AND I WAS JUST GOING TO SAY NORTH COUNTY DISPATCH JPA ONLY MEETS FOUR TIMES A YEAR, SO IT'S ONLY FOUR TIMES THAT THERE'S A CONFLICT.

[02:15:05]

THOSE FOUR TIMES A YEAR FALL ON THE SAME DAY AS ALL THE ENCINA WASTEWATER.

OK, SO I CAN STAY THE ALTERNATE ON ENCINA WASTEWATER THEN, WHICH IS WHAT I AM NOW.

FOR THE SECOND ENCINA WASTEWATER, UNLESS DR.

BHAT-PATEL WANTS IT, IT CAN STAY VACANT, OK, AND IF YOU WANT, I'LL TAKE THE BUENA VISTA UNLESS YOU HAVE A DESIRE TO DO THAT, DOCTOR.

YOU CAN GO AHEAD WITH THAT ONE AND THEN WITH REGARDS TO ENCINA, I GUESS THE QUESTION I HAVE IS, DO WE NEED A PERSON THERE REPRESENTING? BECAUSE WE'VE ALWAYS HAD TWO REPRESENTATIVES.

SO IF WE DO NEED SOMEONE IF YOU'RE INTERESTED IN THAT, I'M HAPPY TO STEP INTO NORTH COUNTY DISPATCH, IF THAT'S SOMETHING THAT WOULD HELP OUT.

I JUST WANT TO MAKE SURE THAT WE HAVE A REPRESENTATIVE IF WE NEED ONE AT ENCINA.

ENCINA CAN TEMPORARILY GO WITHOUT A SECOND MEMBER UNLESS ONE OF OUR COUNCIL MEMBERS WOULD LIKE TO FILL THAT.

BUT THERE'S NO REAL PUSH OBLIGATION TO FILL IT.

I'M GOOD WITH EVERYTHING YOU'VE SAID, MR. BLACKBURN, AND I APPRECIATE COUNCIL MEMBER ACOSTA JUMPING FORWARD.

SO WE NEED A MOTION? YEAH, SO WE JUST WANT TO MAKE SURE WE HEARD CORRECTLY.

SO SUSPENDING THE SUBCOMMITTEES REGIONAL ASSIGNMENTS, LEAGUE OF CALIFORNIA CITIES PRIMARY WOULD BE COUNCIL MEMBER ACOSTA, BUENA VISTA LAGOON JOINT POWERS PRIMARY WOULD BE MAYOR HALL.

ENCINA WASTEWATER AUTHORITY BOARD OF DIRECTORS WE'RE WAITING ON.

IS THAT CORRECT? AND THEN NORTH COUNTY DISPATCH JPA ALTERNATE WOULD BE DR.

BHAT-PATEL.

THAT CORRECT? THAT'S RIGHT.

MM HMM.

AND I JUST WANT TO EMPHASIZE THAT WHEN WE TALK ABOUT SUSPENDING THE SUBCOMMITTEES, THE WORK OF THE COMMITTEES WILL STILL CONTINUE.

THAT WORK WILL JUST BE DIRECT, DOCKETED THE CITY COUNCIL.

ONCE WE END UP HAVING A FIFTH COUNCIL MEMBER, HOWEVER, THEN THAT COMMITTEE ASSIGNMENT WILL RESUME.

OK, OK, SO MR. BLACKBURN YOU'RE MAKING THAT MOTION.

MY MOTION IS, AS THE ATTORNEY JUST RECITED.

SECOND? SECOND.