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[00:00:02]

CITY COUNCIL MEETING TO ORDER, THE TIME IS 3:00, AND SO IF WE COULD PLEASE BEGIN

[CALL TO ORDER]

BY TAKING ROLE? COUNCIL MEMBER NORMANDY, HERE, COUNCIL MEMBER ACOSTA, HERE, COUNCIL MEMBER BHAT-PATEL, HERE, MAYOR PRO TEM BLACKBURN, PRESENT, MAYOR HALL, HERE.

MR. BLACKBURN, IF YOU COULD PLEASE LEAD US IN THE PLEDGE.

PLEASE JOIN ME IN THE PLEDGE TO OUR FLAG.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

EXCUSE ME, JUST A MOMENT.

WILL SOMEBODY TAKE OVER FOR JUST A MOMENT, PLEASE? TERESA, YOU'RE ON MUTE, TERESA.

GREAT, WE'LL, GO AHEAD AND START AGAIN WITH A PLEDGE.

THANK YOU VERY MUCH, I HAD AN INTERRUPTION.

OK, WE DO NOT HAVE ANY MINUTES MS. BREWER, DO WE HAVE ANYTHING TO REPORT OUT FROM CLOSED SESSION? WE DO THANK YOU VERY MUCH, MAYOR, THE CITY COUNCIL MET IN CLOSED SESSION EARLIER

[PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION]

THIS AFTERNOON TO DISCUSS THE INITIATION OF LITIGATION.

THE COUNCIL VOTED UNANIMOUSLY TO AUTHORIZE THE CITY ATTORNEY'S OFFICE TO INITIATE LITIGATION.

ONCE THE LITIGATION IS FORMALLY COMMENCED, THE LITIGATION, THE DEFENDANTS AND OTHER PARTICULARS WILL BE DISCLOSED TO ANY PERSON UPON INQUIRY, UNLESS DOING SO WOULD JEOPARDIZE THE CITY'S ABILITY TO EFFECTUATE SERVICE OF PROCESS OR TO CONCLUDE EXISTING SETTLEMENT NEGOTIATIONS TO ITS ADVANTAGE.

THAT CONCLUDES THE REPORT OUT.

OK, THANK YOU, MOVING ON PUBLIC COMMENT, DO WE HAVE PUBLIC COMMENT SPEAKERS?

[PUBLIC COMMENT:]

WE DO HAVE KNOWLEDGE AND THE PUBLIC COMMENT, WE HAVE TWO SPEAKERS.

THE FIRST HERE IS DEREK SLOAN AT 7576.

WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? MR. SLOAN.

GOOD AFTERNOON, CAN YOU HEAR ME? YES, WE CAN HEAR YOU.

CAN YOU HEAR ME SPEAKING? GREAT, ALL RIGHT, GOOD AFTERNOON, MY NAME IS DEREK SLOAN, AND I'M SPEAKING TODAY TO BRING TO ATTENTION SAFETY ISSUES WITH THE LA COSTA OVERLAY PROJECT BETWEEN THE INTERSECTIONS OF CADENCIA AND RANCHO SANTA FE ON LA COSTA AVENUE.

THE LA COSTA OVERLAY PROJECT HAS MADE MY FRONT YARD A DANGEROUS PLACE FOR MYSELF AND MY FAMILY.

I AM NOT A CIVIL ENGINEER, BUT THE OUTCOMES OF THE PROJECTS ROADWAY CHANGES HAD BECOME PAINFULLY OBVIOUS FROM MY HOME.

THE PROJECT WRAPPED UP IN NOVEMBER OF 2019, AND ON NOVEMBER 11, 2019, MY PARKED FAMILY VEHICLE WAS HIT ON THE STREET, RESULTING IN THE DRIVER'S CAR BEING TOTALED AND SIGNIFICANT DAMAGE TO MY VEHICLE.

LITTLE DID I KNOW THIS WAS ONLY THE BEGINNING OF A LONG STRING OF ACCIDENTS TO COME IN THE NEXT TWO YEARS.

ON APRIL 11, 2020, A DRIVER TOTALED ANOTHER FAMILY VEHICLE PARKED ON THE STREET, AS WELL AS DAMAGING A NEIGHBOR'S JEEP AND TOTALING THE DRIVER'S CAR.

ON JANUARY 1ST, 2021, THE SAME NEIGHBOR'S JEEP, WHICH HAD JUST BEEN REPAIRED, WAS TOTALED BY ANOTHER DRIVER.

ALONG THIS 350 FOOT STRETCH OF LA COSTA OVER THE PAST TWO YEARS, OVER A DOZEN VEHICLES HAVE BEEN DAMAGED OR TOTALED AND THE SAFETY OF THE ROADWAY HAS DETERIORATED.

I'M HERE BECAUSE LAST WEDNESDAY NIGHT, SEPTEMBER 8TH, 2021, WHILE WATCHING TV WITH MY FAMILY, A CAR LAUNCHED ITSELF TOWARDS MY HOME.

IT TOOK OUT A UTILITY BOX ON MY PROPERTY.

THE LOUD BOOM, FOLLOWED BY THE POWER FAILURE ALONG THE FULL BLOCK, WAS ALARMING AND VERY DISTRESSING FOR MY FAMILY.

I RAN OUTSIDE AND CALLED 9-1-1 AS FLUIDS FROM THE VEHICLE EMPTIED ONTO THE CRUSHED UTILITY BOX, AND SMOKE EMANATED FROM THE TOTALED VEHICLES ENGINE BAY.

I'VE BEEN IN CONTACT WITH THE STREETS DEPARTMENT SINCE THE VERY FIRST ACCIDENT TO TRY TO FIX SOME OF THE ROADWAY ISSUES, BUT THEY'VE MADE IT CLEAR THAT THE CITY HAS NO PLANS TO MAKE SIGNIFICANT CHANGES TO THE ROADWAY.

I'M ASKING THE CITY TO IMMEDIATELY REMEDIATE THESE ISSUES ON LA COSTA AVENUE, REDUCING THE SPEED, INTRODUCING SPEED LIMITING DEVICES AND FIXING THE ROAD STRIPING ARE ALL NECESSARY OR SHOULD BE CONSIDERED TO MAKE LA COSTA AVENUE SAFE AGAIN FOR THE LA COSTA NEIGHBORHOOD.

AS A LONGTIME RESIDENT OF THE AREA, I'M READY AND AVAILABLE TO HELP CONTRIBUTE TO THE SUCCESS OF ANY FORTHCOMING REVISION TO LA COSTA AVENUE.

[00:05:02]

THANK YOU FOR YOUR TIME TODAY.

[INAUDIBLE] RECORD, WE DON'T USUALLY ASK THIS, BUT DO WE HAVE CONTACT INFORMATION FOR THIS PERSON? CITY CLERK.

WE DO HAVE THIS CONTACT INFORMATION.

OKAY, THANK YOU, WE APPRECIATE YOUR COMMENTS TODAY.

GREAT, THANK YOU.

THE NEXT SPEAKER IS JESSICA KRAMER AT 6858, MS. KRAMER, WOULD YOU PLEASE PRESS STAR SIX TO UNMUTE? THAT CALLER IS NOT ON THE LINE.

THAT IS ALL THE SPEAKERS WE HAVE FOR KNOWN AGENDA.

OK, THEN MOVING ON, WE HAVE THE CONSENT CALENDAR ITEMS, ONE THROUGH...

MAYOR.

YES, I BELIEVE THERE'S A PROCLAMATION, A PRESENTATION.

[PRESENTATIONS]

I AM SO SORRY, YES, MS. ACOSTA, I'M GETTING AHEAD OF MYSELF.

THANK YOU VERY MUCH.

YES, NATIONAL PREPAREDNESS MONTH, SEPTEMBER 2021.

AND I'D LIKE TO ASK COUNCIL MEMBER ACOSTA TO PLEASE GIVE THE PROCLAMATION AND SAY A FEW WORDS.

YES, THANK YOU, BE MY PLEASURE.

IT LOOKS LIKE I MAY BE PRESENTING THIS TO CHIEF CALDERWOOD, THE FIRE CHIEF.

IS THAT RIGHT? MARIE JONES KIRK FROM OUR EMERGENCY PREPAREDNESS BUREAU.

OK, WONDERFUL, THANK YOU MISS JONES KIRK FOR BEING HERE TODAY, AND I'M SO PLEASED TO BE ABLE TO READ THIS LOVELY PROCLAMATION TO YOU IN HONOR OF NATIONAL PREPAREDNESS MONTH.

WE ALL KNOW WHAT AN IMPORTANT THING THIS IS LIVING THROUGH AN UNPRECEDENTED TIME WITH THE WORLDWIDE PANDEMIC AND WILDFIRES, SO I'LL GO AHEAD AND AND READ THIS PROCLAMATION TO YOU.

IT'S A VERY WONDERFUL, I'LL MAKE IT QUICK AND THEN GIVE YOU A CHANCE.

AND THIS IS A PROCLAMATION PROCLAIMING, WHEREAS ALL MEMBERS OF THE CARLSBAD COMMUNITY HAVE CONTINUED TO EXPERIENCE THE UNPRECEDENTED CHALLENGES AND EFFECTS OF THE COVID 19 PANDEMIC, INCLUDING THE LOSS OF LIFE AND LIVELIHOOD, SEVERE WINTER WEATHER, EXTREME HEAT, POWER OUTAGES, CYBER INSECURITIES AND A LOCAL WILDFIRE ON THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, WHICH ALL THREATEN THE SAFETY OF OUR RESIDENTS.

AND WHEREAS CALIFORNIA PUBLIC SAFETY AGENCIES CONTINUE TO ENGAGE NUMEROUS LARGE SCALE AND DEVASTATING WILDFIRES ACROSS THE STATE THIS YEAR.

AND WHEREAS SAN DIEGO COUNTY CONTINUES TO EXPERIENCE EXTREME FIRE CONDITIONS, THAT HEIGHTENED THE IMPORTANCE OF DISASTER PREPAREDNESS AND SHOULD UNSAFE SPARK PRODUCING OR FIRE PRACTICES BE WITNESSED DURING HOT, HIGH WIND DAYS, RESIDENTS ARE ASKED TO REPORT SUCH PRACTICES TO ENSURE APPROPRIATE ACTIONS ARE TAKEN TO MITIGATE THE HAZARD, AND WHEREAS THE LOSS OF LIFE, DAMAGE TO PROPERTY AND ECONOMIC LOSS CAN BE GREATLY REDUCED IF APPROPRIATE, EMERGENCY PREPAREDNESS MEASURES ARE TAKEN BEFORE, DURING AND AFTER A MAJOR EMERGENCY.

AND WHEREAS WE ENCOURAGE EVERYONE TO PREPARE FOR AND INCREASE THEIR KNOWLEDGE OF PROPER SAFETY MEASURES DURING ANY EMERGENCY OR DISASTER, AND SPECIFICALLY BY ADHERING TO THE CURRENT COVID 19 PUBLIC HEALTH ORDERS, GET VACCINATED, GETTING VACCINATED AND STAYING HOME WHEN ILL AND SEEKING TESTING IF COVID SYMPTOMS ARE PRESENT.

MAINTAINING A MINIMUM OF THREE DAYS OF EMERGENCY SUPPLIES TO ENHANCE PERSONAL FAMILY AND BUSINESS SELF SUFFICIENCY.

TAKING ADVANTAGE OF TELECONFERENCING AND OTHER ELECTRONIC INFORMATION SHARING AND SOCIAL MEDIA TECHNOLOGIES TO STAY INFORMED DURING DISASTERS AND BY ATTENDING THE VARIOUS ONLINE PREPAREDNESS ACTIVITIES PLANNED IN SUCCEEDING WEEKS THROUGHOUT THE CITY AND COUNTY.

NOW, THEREFORE, I COUNCIL MEMBER TERESA ACOSTA ON BEHALF OF THE MAYOR AND CITY COUNCIL, DO HEREBY PROCLAIM THE MONTH OF SEPTEMBER 2021 AS NATIONAL PREPAREDNESS MONTH IN THE CITY OF CARLSBAD.

YEAH, THERE WOULD BE APPLAUSE.

SO THANK YOU SO MUCH FOR YOUR HARD WORK, AND WE'LL BE HANDING YOU THE PROCLAMATION, I'M SURE YOU'LL BE RECEIVING THE PHYSICAL PROCLAMATION IN PERSON AS WELL.

THANK YOU COUNCIL MEMBER ACOSTA, JUST A FEW COMMENTS THE THEME OF THIS YEAR'S NATIONAL PREPAREDNESS MONTH IS PREPARED TO PROTECT PREPARING FOR DISASTERS IS PROTECTING EVERYONE YOU LOVE.

WILDFIRES ARE A NATURAL PART OF CALIFORNIA'S LANDSCAPE, WITH THE FIRE SEASON IN CALIFORNIA AND ACROSS THE WEST STARTING EARLIER AND ENDING LATER EACH YEAR.

LAST JANUARY'S PARK FIRE WAS A REMINDER TO ALL CARLSBAD RESIDENTS AND BUSINESSES THAT THE TIME TO PREPARE AND PREVENT IS NOW.

STEPS RESIDENTS CAN TAKE TODAY TO BE PREPARED, MAKE A PLAN AND SHARE YOUR PLAN.

TALK TO YOUR FAMILY AND FRIENDS ABOUT HOW YOU COMMUNICATE BEFORE, DURING AND AFTER DISASTER.

BUILD A KIT, GATHER SUPPLIES THAT WILL LAST FOR SEVERAL DAYS AFTER DISASTER FOR EVERYONE LIVING IN YOUR HOME, AND DON'T FORGET YOUR PETS.

[00:10:01]

SIGN UP FOR ALERT SAN DIEGO TO RECEIVE NOTIFICATIONS IN THE EVENT OF A FIRE OR EMERGENCY.

BE READY TO GO IF YOU'RE ASKED TO EVACUATE.

ENSURE YOU'RE FAMILIAR WITH MORE THAN ONE ROUTE OUT OF YOUR NEIGHBORHOOD IN CASE TRAFFIC IS BACKED UP.

FOR WILDFIRE EVACUATIONS DURING COVID, PLAN FOR EXTENDED STAYS AT TEMPORARY EVACUATION POINTS AS PLACEMENT IN SHELTERS WILL BE A SLOWER PROCESS.

HOMEOWNERS AND RENTERS CALL YOUR INSURANCE AGENT TODAY.

ASK ABOUT LOSS OF USE COVERAGE AND HOW THEY MAY HELP ARRANGE SHELTER DURING IMMEDIATE DISPLACEMENT CAUSED BY EVACUATIONS ORDERS.

WHEN WE'RE HAVING SANTA ANA CONDITIONS PAY CLOSE ATTENTION TO THE NEWS IN THE CITY SOCIAL MEDIA AND AS WE ALL KNOW, CARLSBAD BUSINESSES ALSO PLAY A VITAL ROLE IN THE COMMUNITY'S PREPAREDNESS AND RESPONSE TO A WILDFIRE.

INSPECT YOUR SITE FOR FIRE HAZARDS AND HELP YOUR EMPLOYEES PREPARE BY EDUCATING THEM ABOUT THE THREAT OF WILDFIRES AND ENCOURAGE THEM TO PREPARE THEIR FAMILIES AND HOMES.

PLAN FOR A POTENTIAL SDG&E PUBLIC SAFETY POWER OUTAGES, WHICH MAY LAST FOR SOME HOURS OR, IF NOT DAYS.

DURING WINDY DAYS, AVOID OR STOP OUTDOOR SPARK AND FLAME PRODUCING ACTIVITIES.

THE CITY'S WEBSITE IS THE BEST RESOURCE FOR CARLSBAD RESIDENTS AND BUSINESSES.

THE CITY'S EMERGENCY PREPAREDNESS GUIDE CAN BE FOUND BY TYPING EMERGENCY PREPAREDNESS IN THE HOME PAGE SEARCH WINDOW.

AND REMEMBER, THE BEST TIME TO GET PREPARED IS DURING A DISASTER THREATENS YOU, YOUR HOME OR YOUR SAFETY, THANK YOU.

AND WE THANK YOU VERY MUCH.

CONGRATULATIONS, OK, NOW MOVING ON TO THE CONSENT CALENDAR ITEMS ONE THROUGH

[CONSENT CALENDAR:]

FOUR, DOES ANYONE WISH TO PULL AN ITEM? I THINK WE HAVE SPEAKERS ON NUMBER FOUR, DON'T WE? YES.

ANY OTHER ITEM? SO IF WE COULD HAVE ITEMS ONE THROUGH THREE AND THEN WE'LL HEAR THE SPEAKER ON ITEM FOUR, MOVE APPROVAL OF CONSENT CALENDAR ITEMS ONE, TWO AND THREE.

PLEASE CALL ROLL.

COUNCIL MEMBER NORBY.

YOU'RE ON MUTE PETER.

AYE.

COUNCIL MEMBER ACOSTA.

AYE.

MAYOR, I'M SORRY, COUNCIL MEMBER BHAT-PATEL.

AYE.

MAYOR PRO TEM BLACKBURN.

AYE.

MAYOR HALL.

AYE, ITEMS ONE THROUGH THREE PASSED UNANIMOUSLY AND CAN WE PLEASE HAVE THE

[4. RATIFICATION OF AGREEMENT TO TERMINATE THE MUTUAL COOPERATION AND SETTLEMENT AGREEMENT WITH COUNTY OF SAN DIEGO REGARDING THE MCCLELLAN-PALOMAR AIRPORT]

SPEAKER ON ITEM FOUR? AND FOR THOSE THAT ARE LISTENING ITEM FOUR IS RATIFICATION OF AN AGREEMENT TO TERMINATE THE MUTUAL COOPERATION AND SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN DIEGO AND THE MCCLELLAN AIRPORT PALOMAR AIRPORT.

WE DO HAVE A GROUP HOPE NELSON, REPRESENTING SUZANNE THORLEY, GRAHAM THALI AND BARBARA CAMPBELL AT 1945.

CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? MS. NELSON, CAN YOU PLEASE PRESS STAR 6 TO UNMUTE? GOOD AFTERNOON, COUNCILMAN STAFF, THIS IS HOPE NELSON SPEAKING ON BEHALF OF CITIZENS FOR A FRIENDLY AIRPORT REGARDING TERMINATION OF THE CITY OF CARLSBAD COUNTY OF SAN DIEGO MUTUAL COOPERATION AND SETTLEMENT AGREEMENT.

LET'S START WITH THE FACT THAT FOR YEARS, OUR MAYOR, MATT HALL, SAID THERE WAS NOTHING CARLSBAD COULD DO ABOUT CONCERNS OVER THE COUNTY OWNED PALOMAR AIRPORT BECAUSE CARLSBAD HAD NO CONTROL.

ON OCTOBER 10TH, 2018, JUST A FEW MONTHS PRIOR TO SUPERVISOR BILL HORN'S TERMING OUT, THE COUNTY BOARD OF SUPERVISORS RUSHED THE MASTER PLAN TO A VOTE.

ON NOVEMBER SIX, 2018, CITIZENS FOR A FRIENDLY AIRPORT FILED A LAWSUIT AGAINST THAT MASTER PLAN.

SURPRISINGLY, OUR CITY COUNCIL FOLLOWED C4FA'S LEAD BY FOLLOWING THEIR OWN LAWSUIT AGAINST THE COUNTY.

HOWEVER, IT TOOK ONLY 143 DAYS BEFORE THE CITY'S SUPPORT CAME TO AN ABRUPT END AND THEY SETTLED WITH THE COUNTY, THUS ENDING THEIR LAWSUIT AND THEIR DEFENSE OF CARLSBAD.

FORMALLY NAMING THE SETTLEMENT THE QUOTE MUTUAL COOPERATION AND SETTLEMENT AGREEMENT, UNQUOTE.

THERE REALLY WAS NOT MUCH OF A MUTUAL IN IT FOR CARLSBAD, AND IT LOOKED MORE LIKE THE CITY COOPERATION AGREEMENT.

THE CITY WAS GIVING EVERYTHING AND GETTING NOTHING, MAKING IT A VERY BAD DEAL FOR THE CITIZENS.

AS A RESULT, C4FA FILED A SECOND LAWSUIT, THIS TIME AGAINST THE CITY AND THE COUNTY, CLAIMING WHAT WAS DONE IN THE AGREEMENT WAS ILLEGAL.

THAT LAWSUIT NOW WILL NOT BE HEARD FOR TWO REASONS.

ONE, THE CITY AND THE COUNTY WILL SAVE MONEY BY NOT GOING TO COURT AND TWO, C4FA WON THE FIRST LAWSUIT AGAINST THE COUNTY.

[00:15:02]

SO A SETTLEMENT AGREEMENT TO THEM IS MOOT.

IT'S CLEAR FROM THE COURT'S RULING AND C4FA'S FIRST LAWSUIT THAT THE CITY OF CARLSBAD AS A RESULT OF THE 1979 PALOMAR AIRPORT ANNEXATION AGREEMENT HAS HAD FINAL AUTHORITY ALL ALONG.

IT NOW SHOULD BE CRYSTAL CLEAR TO THE CITY OF CARLSBAD, HOPEFULLY TO MAYOR HALL AND TO THE COUNTY THAT THE COUNTY MUST COME TO CARLSBAD FOR APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT BEFORE ANYTHING RELATING TO A CHANGE IN THE USE OF THE AIRPORT CAN BE DONE, INCLUDING A RUNWAY EXPANSION THAT WOULD CHANGE THE AIRPORT FROM THE CURRENT B-2 TO THE REQUESTED D3 AIRPORT, BRIEFLY QUOTING FROM THE COURT DECISION.

THE CHANGE FROM A B TO AIRPORT TO A D THREE WOULD ALLOW LARGER AIRCRAFT TO TAKE OFF WITH MORE FUEL.

THIS EVIDENCE AND INTENT THIS EVIDENCES AN INTENT TO USE THE AIRPORT IN A WAY THAT WAS NOT PREVIOUSLY AUTHORIZED.

SO NOW WE ARE THREE YEARS DOWN THE ROAD FROM THE 2018 AIRPORT MASTER PLAN, AND HOW MUCH MONEY HAS THE CITY COUNCIL SPENT WITH KK&R AND OTHER OUTSIDE ATTORNEYS TO FIND OUT WHAT THEY SHOULD HAVE KNOWN AND EXERCISED ALL ALONG FROM THE BEGINNING? THE CITIZENS FOR FRIENDLY AIRPORT IS HAPPY ABOUT THE TERMINATION OF WHAT WAS A VERY UNBALANCED SETTLEMENT AGREEMENT.

BY THE WAY, ANYONE WHO WANTS TO SEE THE AGREEMENT CAN FIND IT AT WWW.C4FA.ORG.

WITH A NEW AIRPORT MASTER PLAN BEING PUBLISHED TODAY AND THE PROCESS STARTING OVER, WE HOPE THERE WILL BE NO NEED FOR LAWSUITS AGAINST OUR OWN CITY OF CARLSBAD REGARDING THE AIRPORT, AND THAT THE CITY COUNCIL TAKES RESPONSIBILITY AND WISELY USES THE CONTROL THEY HAVE REALIZED FROM C4FA'S LAWSUIT.

I THANK YOU.

OK, DOES ANYONE HAVE ANY COMMENT, IF NOT MR. BLACKBURN, YOU WANT TO MAKE A MOTION? MOVE APPROVAL OF CONSENT CALENDAR ITEM NUMBER FOUR.

SECOND.

CALL ROLL.

COUNCIL MEMBER NORBY.

AYE.

COUNCIL MEMBER ACOSTA.

AYE.

COUNCIL MEMBER BHAT-PATEL.

AYE.

MAYOR PRO TEM BLACKBURN.

AYE.

MAYOR HALL.

AYE, ITEM NUMBER FOUR PASSES UNANIMOUSLY.

[5. ORDINANCE TO AMEND TILE 8 OF THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES]

MOVING ON TO ORDINANCES FOR INTRODUCTION, ITEM FIVE, MS. BREWER.

YOU'RE ON MUTE CELIA, I BELIEVE ITEM FIVE HAS A COMPREHENSIVE PRESENTATION AND WILL LIKELY BE INTRODUCED BY THE CITY MANAGER.

OK.

SO MAKING OUR PRESENTATION TODAY IS OUR DEPUTY CITY ATTORNEY, MARISSA KAWECKI, AS WELL AS OUR ASSISTANT CHIEF MATT MAGRO.

AFTERNOON, COUNCIL MEMBERS.

MY NAME IS MARISSA KAWECKI, I'M A DEPUTY CITY ATTORNEY, I ADVISE THE HOMELESS OUTREACH TEAM AND ALSO SERVE AS OUR PROSECUTOR.

I'M GOING TO BE PULLING UP OUR PRESENTATION AS THE OTHER PRESENTER INTRODUCES HIMSELF.

GOOD AFTERNOON, MAYOR HALL AND CITY COUNCIL MEMBERS, MATT MAGRO HERE FROM THE POLICE DEPARTMENT, YOUR ASSISTANT CHIEF.

TODAY WE ARE HERE TO PRESENT AN ORDINANCE PACKAGE.

IT IS TECHNICALLY ONE SINGLE ORDINANCE, BUT THERE ARE MULTIPLE SECTIONS OF THE MUNICIPAL CODE TO BE AMENDED OR ADDED OR CHAPTERS TO BE ADDED.

SO WE WILL JUMP RIGHT IN.

WE'RE GOING TO START WITH ASSISTANT CHIEF MAGRO WITH A LITTLE BIT OF BACKGROUND INFORMATION AND THEN WE'LL GET INTO SOME OF THE DETAILS OF THE ORDINANCE.

THANK YOU, AND ONCE AGAIN, THANK YOU MAYOR HALL AND CITY COUNCIL MEMBERS, IT'S A PLEASURE FOR US TO PRESENT THIS ORDINANCE PACKAGE TO YOU GUYS TODAY REGARDING THE QUALITY OF LIFE ORDINANCE.

BEFORE WE GET STARTED, I JUST WANT TO MAKE SURE EVERYBODY CAN SEE THE POWERPOINT PRESENTATION AND THERE'S NO ISSUES WITH MY VOLUME OR DEPUTY CITY ATTORNEY MARISSA KAWECKI'S .

OK, HOPEFULLY, EVERYONE CAN HEAR AND SEE.

SO TODAY WE'D LIKE TO INTRODUCE AN ORDINANCE TO AMEND TITLE EIGHT OF THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES.

WE WILL START WITH A BRIEF OVERVIEW OF THE CHALLENGES, COVERS SOME STATS RELATED TO HOMELESSNESS AND THE NEED FOR CHANGE CHANGES.

WE'LL FINISH WITH SOME DETAILS OF THE AMENDMENTS.

MARISSA WILL BE CHANGING THE SLIDES FOR ME, SO I APOLOGIZE IF WE GET A LITTLE OUT OF SYNC AT TIMES, BUT AS WE GET STARTED WITH THIS PACKAGE, I WANTED TO PROVIDE JUST A

[00:20:04]

LITTLE BACKGROUND FOR PERSPECTIVE.

IT'S IMPORTANT TO NOTE THAT SOME OF THESE ARE VOTER INITIATED LEGISLATIVE CHANGES IN LAW THAT HAVE OCCURRED OVER THE PAST COUPLE OF YEARS, AND SOME OF THEM MADE IT CUMULATIVELY AS THEY ALL COME TOGETHER, CHALLENGING FOR LAW ENFORCEMENT TO ENFORCE QUALITY OF LIFE ISSUES AND SOME OF THE LOW LEVEL OFFENSES.

SO I'M GOING TO JUST BRIEFLY TOUCH WITH SHORT EXPLANATIONS ON SOME OF THESE CHANGES THAT HAVE PLACED SOME LIMITS ON OUR ABILITY TO RESPOND TO INCREASES IN SOME OF THIS ACTIVITY.

THESE ORDINANCES ARE AB 109, PROP 47 AND PROP 57.

NEXT SLIDE, PLEASE.

UM, AB 109 WAS LABELED AS A PUBLIC SAFETY REALIGNMENT PATH.

THIS ESSENTIALLY TRANSFERRED THE RESPONSIBILITY FOR HOUSING SUPERVISION OF SOME SENTENCED FELONS TO THE COUNTIES.

IT SHIFTED SUPERVISION OF SOME RELEASED FELONS FROM THE STATE, FROM STATE PAROLE TO COUNTY PROBATION AND REDUCED PENALTIES FOR VIOLATION OF TERMS OF RELEASE.

NEXT SLIDE, PLEASE.

PROPOSITION 47, WHICH WAS LABELED AS THE SAFE NEIGHBORHOOD AND SCHOOLS ACT.

THIS, WHAT WE SAW WAS IT REDUCED THE SENTENCE FOR DRUG POSSESSION TO MISDEMEANORS INCLUDING HEROIN, METH, COCAINE, FENTANYL AND MADE ALL THEFTS UNDER NINE HUNDRED AND FIFTY DOLLARS, MISDEMEANOR OFFENSES SUCH AS SHOPLIFTING, THEFT, FORGERY, FRAUD, RECEIVING STOLEN PROPERTY AND EVEN FOR REPEAT OFFENDERS, AND ALLOWED PERSONS THAT WERE ALREADY CONVICTED OF OFFENSES TO PETITION FOR REDUCTION IN SENTENCING.

NEXT SLIDE PLEASE.

PROPOSITION 57 WAS KNOWN AS A PAROLE FOR A PAROLE FOR NONVIOLENT CRIMINAL ACT.

THIS ALLOWED FOR EARLY, RELEASE OF NONVIOLENT INMATES FROM STATE PRISON.

THEY ELIMINATED DIRECT FILING ON JUVENILES, AND IT COUNTED ESSENTIALLY CRIMES SUCH AS ASSAULT WITH DEADLY WEAPONS ON POLICE OFFICER.

THE WHOLE MYRIAD OF DIFFERENT TYPES OF CRIMES THAT WEREN'T ALREADY LISTED AS VIOLENT BECAME NONVIOLENT BY DEFAULT.

NEXT SLIDE, PLEASE.

[INAUDIBLE] SOMEONE TO TOUCH ON, SOME STATISTICS RELATED TO HOMELESSNESS AT THE POLICE DEPARTMENT IS ABLE TO CAPTURE, THESE ARE GOING TO BE CALLS FOR SERVICE OVER THE LAST FOUR YEARS AND CRIME REPORTS RELATED TO HOMELESSNESS AS WELL.

JUST WANTED TO GO OVER THOSE.

NEXT SLIDE, PLEASE.

OK, TO THE IF YOU'RE LOOKING AT THE SCREEN TO THE LEFT, YOU SHOULD SEE A DISTRIBUTION OF 2021 CALLS FOR SERVICE.

A HEAT MAP HAS OUTLINED ALL OF THE DISTRICTS.

YOU CAN SEE WHERE THE SOME OF THE HEAT SIGNATURES ARE FOR CALLS OF SERVICE AND THEN THE GRAPH, WHAT YOU'LL SEE IS FROM JANUARY OF 17 THROUGH TO AUGUST 31ST OF 2021.

HOW MONTHLY THE CALLS FOR SERVICE HAVE KIND OF SHOWED A TRENDING UPWARD, WHICH IF YOU LOOK AT CALLS FOR SERVICE FOR 2020, WE HAD AN ANNUAL OF ABOUT FORTY FOUR HUNDRED AND NINETY SEVEN CALLS FOR SERVICE.

AND YEAR TO DATE, AT THE END OF AUGUST OF THIS YEAR, WE'RE ALREADY AT THIRTY NINE HUNDRED AND SEVENTY FIVE.

AND AGAIN, THESE ARE RELATED TO CALLS FOR SERVICE, AND IT DOES NOT COUNT THE OTHER MECHANISMS THAT WE GET IN REQUESTS FOR POLICE SERVICES SUCH AS EMAIL CALLS, SOME OF THE ONLINE SERVICES THAT WE HAVE AS WELL.

SO SOME OF THOSE ARE ADDITIONAL HOMELESS RELATED INQUIRIES DEMANDS FOR SERVICE THROUGH THE POLICE DEPARTMENT.

NEXT SLIDE, PLEASE.

WHAT, AS YOU CAN SEE FROM THIS SLIDE, THESE ARE HOMELESS RELATED CRIME REPORTS, AND THE NUMBERS AGAIN ARE TRENDING IN UPWARD DIRECTION.

YOU LOOK BACK AT THREE OR FOUR YEARS AGO, MOST OF OUR NUMBERS ARE DOWN AROUND IN THE FORTIES AND FIFTIES, AND THEY KIND OF BOUNCE AROUND MONTH TO MONTH.

BUT GENERALLY, THIS WHOLE TREND HAS BEEN PUSHING UPWARDS, WHICH IN 2019 OUR AVERAGE CRIME CRIMES RELATED TO THAT WAS 68 PER MONTH WAS THE AVERAGE FOR THE YEAR.

AND THEN IN 2020, WE HAD EIGHTY EIGHT PER MONTH.

IT WAS THE AVERAGE IN 2021, RIGHT NOW, WE'RE ALREADY SEEING AT NINETY ONE.

AND AGAIN, SOME OF THE NUMBERS DURING 2020 WERE DOWN AT THE EARLY PART OF THE COVID PART.

AND THEN YOU CAN SEE SOME OF THE SPIKES DURING THAT TIME, AS WHEN SOME OF THE HEALTH ORDER CHANGES HAPPEN AND WE STARTED TO HAVING MORE PEOPLE OUT INTO THE COMMUNITY AND SOME OF THOSE AREAS.

SO NEXT SLIDE.

THE PROPOSED ORDINANCE THAT WE'RE GOING TO COVER THAT RISK IS GOING TO GO INTO GREAT DETAIL ON WHAT AD ENFORCEMENT OPTIONS FOR THE POLICE DEPARTMENT AND THESE

[00:25:03]

ENFORCEMENT OPTIONS ALIGNED WITH THE CITY'S HOMELESS RESPONSE PLAN AND THE COUNCIL GOAL TO REDUCE THE UNSHELTERED HOMELESS POPULATION BY 50 PERCENT AMONGST THOSE THAT WANT HELP WITHIN THE NEXT FIVE YEARS.

CITY STAFF HAS HEARD FROM THE COMMUNITY AT SEVERAL OUTREACH MEETINGS, WEBINARS, TOWN HALLS MEET WITH THE CHIEFS AND DISTRICT MEETINGS.

THE ORDINANCE WOULD BE RESPONSIVE TO THE COMMUNITY FEEDBACK THAT WE HEARD TIME AND TIME AGAIN AT ALL OF THESE OUTREACH MEETINGS AND WOULD ADDRESS SOME OF THE CONCERNS THAT OUR COMMUNITY HAD WITH PUBLIC PEACE, SAFETY, HEALTH, HEALTH AND THE ENVIRONMENT.

ADDITIONALLY, THE FEEDBACK THAT WE RECEIVED RELATED TO THE FACT THAT THE COMMUNITY ABSOLUTELY WANTED MORE ACCOUNTABILITY FOR DISRUPTIVE AND LOW LEVEL CRIMINAL BEHAVIOR IN AND AROUND THEIR COMMUNITIES AND BUSINESSES.

THE MUNICIPAL CODE AMENDMENTS, IN ADDITION, WOULD ALSO GIVE OUR POLICE DEPARTMENT ADDITIONAL ENFORCEMENT OPTIONS THAT WOULD PROVIDE FOR A MORE BALANCED APPROACH TO BE ABLE TO OFFER SERVICES AND HAVE ENFORCEMENT OPTIONS WHEN DEALING WITH THE QUALITY OF LIFE ISSUES.

WITH THAT, I WOULD LIKE TO TURN THE PRESENTATION OVER TO MARISSA TO COVER THE DETAILS OF THE ORDINANCES AND SOME OF THOSE CHANGES, AND THANK YOU FOR THE OPPORTUNITY TO COVER THIS PART.

OK, BEFORE JUMPING INTO THE ORDINANCES, I'M GOING TO ADD A LITTLE BIT MORE BACKGROUND TO THE LEGAL LANDSCAPE.

IN ADDITION TO THE STATE LAWS THAT ASSISTANT CHIEF MAGRO PRESENTED TO EARLIER, THESE ARE SOME OF THE MOVING PARTS, IF YOU WILL, THAT WE HAVE TO WORK WITH AND BE MINDFUL OF WHEN CRAFTING ORDINANCES AND WHEN REGULATING THIS AREA.

THE FIRST CONCERN, PRIMARY CONCERN IS CONSTITUTIONAL CONCERNS, AND THESE HAVE BEEN RAISED THROUGH LAWSUITS, SETTLEMENTS, AND IF YOU LOOK AT CITIES ORDINANCES OVER THE YEARS, PROBABLY IN THE LAST 10 YEARS, YOU'VE SEEN AMENDMENTS THAT HAVE BEEN THE RESULT, USUALLY OF LEGAL CHALLENGES.

AS MENTIONED IN THE STAFF REPORT, A LOT OF THESE CHALLENGES RELATE TO THEIR CONSTITUTIONAL ISSUES.

SO DUE PROCESS CONCERNS UNDER THE FOURTEENTH AMENDMENT, THE EIGHTH AMENDMENT, THE FOURTH AMENDMENT AND ALSO THE FIRST AMENDMENT RIGHT TO USE PUBLIC OPEN SPACE FOR FREE SPEECH EXPRESSION ASSOCIATION, ONE OF THE KEY LAWSUITS THAT WAS COVERED IN A PREVIOUS STAFF PRESENTATION IN MARCH OF 2021 IS THE MARTIN VERSUS BOISE CASE.

IT'S A NINTH CIRCUIT CASE THAT WAS DENIED CERTIFICATION FROM THE U.S.

SUPREME COURT, BUT ESSENTIALLY THAT CASE IT DOESN'T PROHIBIT CITIES FROM CITING FOR UNLAWFUL CAMPING, BUT IT REALLY DOES CONSTRAIN HOW THE MANNER IN WHICH YOU'RE GOING TO CITE, THE TIMES AND PLACES IN WHICH YOU CAN CITE.

IT ACTUALLY REALLY RESTRICTS CITATIONS CONCERNING LYING, SLEEPING IN PUBLIC AS OPPOSED TO CAMPING PER SAY.

BUT IT DOES LEAVE AVENUES FOR CITIES TO REGULATE IN TERMS OF OBSTRUCTION OF PUBLIC PROPERTY AND ITEMS BEING STORED ON PUBLIC PROPERTY.

AND IT DOES ALLOW US TO REGULATE CAMPING WITH REGARD TO TIME AND PLACE SOME MANNER.

THE NEXT BULLET POINT HERE IS COVID 19 AND THE CDC GUIDELINES THAT COMPLICATED MATTERS A LITTLE BIT FURTHER.

SO THE MARTIN CASE CAME DOWN IN SEPTEMBER OF 2018.

THERE WAS AN APPEAL FOR IT TO BE HEARD EN BANC BY THE ENTIRE PANEL, BUT THAT WAS DENIED, AND THEN BASICALLY, AS THAT LITIGATION WAS STILL CONTINUING, COVID HIT AND THE CDC PUT OUT GUIDELINES AS TO RECOMMENDATIONS WHAT TO DO WITH ENCAMPMENTS, AND THEY RECOMMENDED NOT TO DISPERSE ENCAMPMENTS, ESSENTIALLY FOR CONCERNS THAT IT COULD SPREAD COVID MORE AND THAT BEING IN A CONGREGATE SHELTER SETTING COULD LEAD TO A HIGHER RISK OF CONTRACTING COVID.

ENVIRONMENTAL CONCERNS, THESE ARE CONCERNS THAT HAVE BEEN RAISED IN VARIOUS CITIES THROUGHOUT THE STATE WITH REGARD TO HOMELESS ENCAMPMENTS, ESPECIALLY POLLUTION AND WATER COURSES.

AND THERE IS AGAIN A REFERENCE IN THE STAFF REPORT TO THE CITY'S POTENTIAL LIABILITY SHOULD WATERCOURSES BE POLLUTED.

LET'S SEE, IT'S ON PAGE, UM DISCUSSED THE FINES, THE VIOLATIONS THAT THE CITY CAN FACE IN THE EVENT THAT THESE WATERCOURSES ARE POLLUTED UP TO TWENTY FIVE THOUSAND DOLLARS IN FINES.

NOT THAT THE REGIONAL BOARD WOULD DO THAT THE FIRST TIME AROUND, BUT THEY DO START WITH WARNINGS AND ESCALATE ENFORCEMENT AS TIME GOES ON, BUT THAT IS KIND OF THE MOST EXTREME CIRCUMSTANCE.

AND THEN FINALLY, NEW AND AMENDED ORDINANCES CITIES HAVE ADOPTED ORDINANCES TO PROTECT THEIR OWN HEALTH, SAFETY AND WELFARE OF THE COMMUNITIES,

[00:30:03]

AND SOME OF THIS COMES IN THE FORM OF RESOLUTIONS DURING COVID.

FOR EXAMPLE, SOME CITIES IN NORTHERN CALIFORNIA ADOPTED RESOLUTIONS TO RESTRICT CAMPING IN PARKS.

SOME OF THOSE ORDINANCES OR RESOLUTIONS WERE ENJOINED.

BUT THEN, AS THE COVID EMERGENCY DISSIPATE OR THE COURTS DETERMINED THAT IT HAD DISSIPATED, THOSE INJUNCTIONS WERE LIFTED.

THERE HAVE ALSO BEEN OTHER CITIES, MOST RECENTLY THE CITY OF NOVATO IN MARIN COUNTY, THAT ENACTED A DAY CAMPING PROHIBITION.

BUT IN ADDITION TO THAT, THEY RESTRICT CAMPING WITHIN 50 FEET OF CRITICAL INFRASTRUCTURE.

THERE IS A PENDING INJUNCTION IN THAT CASE AS TO WHAT IS CRITICAL INFRASTRUCTURE MEAN.

THERE'S SOME ALLEGATIONS THAT THERE'S VAGUENESS AND OVER BROADNESS IN THAT PARTICULAR ORDINANCE SO CITIES HAVE AMENDED THEIR ORDINANCES ACCORDINGLY.

AT THE SAME TIME, SOME CITIES HAVE CHOSEN NOT TO AMEND THEIR ORDINANCES IN LIGHT OF THE MARTIN CASE, AND THEY'VE CHOSEN TO INSTEAD ENFORCE IN A MANNER THAT IS LEGALLY COMPLIANT, WHICH IS WHAT THE CITY OF CARLSBAD HAS BEEN DOING TO DATE.

AND THAT MEANS ESSENTIALLY THAT YOU CANNOT ENFORCE CAMPING AT ALL TIMES OF THE DAY.

YOU CAN'T HAVE A FLAT PROHIBITION ON CAMPING IN PUBLIC PLACES, BUT YOU CAN ENFORCE IT AT CERTAIN TIMES OF DAY IN CERTAIN LOCATIONS OF THE CITY.

ALTERNATIVELY, YOU CAN OFFER SHELTER OR HOUSING AND CHOOSE TO NOT CITE AN INDIVIDUAL UNLESS THAT PERSON REFUSES AN OFFER FOR SHELTER OR HOUSING.

SO CITIES SUCH AS OCEANSIDE HAVE AMENDED THEIR CAMPING ORDINANCE TO REFLECT THAT, AND THAT THEY WILL NOT ISSUE A CITATION TO AN INDIVIDUAL UNLESS THEY ARE OFFERED HOUSING AND REFUSE IT.

OTHER CITIES, SUCH AS VISTA ARE REFLECTING THAT IN A POLICY.

THERE ARE SOME CITIES AS WELL POWAY DEL MAR AND SOLANA BEACH THAT PROHIBIT CAMPING DURING THE EVENING HOURS AS OPPOSED TO THE DAYTIME HOURS.

THOSE ORDINANCES PREDATE THE MARTIN CASE, BUT THAT'S JUST TO GIVE YOU AN EXAMPLE, THERE'S ALL KINDS OF CAMPING ORDINANCES AND WAYS THAT CITIES HAVE BEEN REGULATING THIS CONDUCT OVER THE YEARS BEFORE AND AFTER THE MARTIN CASE.

SO THE CURRENT ORDINANCES THAT WE HAVE TO WORK WITH IN THE CMC IS THE CARLSBAD MUNICIPAL CODE.

WE HAVE AN ORDINANCE THAT CURRENTLY PROHIBITS CAMPING ON PUBLIC PROPERTY AT ALL TIMES OF THE DAY, INCLUDING CAMPING AND VEHICLES.

WE HAVEN'T BEEN ENFORCING THE VEHICLE HABITATION ORDINANCE DUE TO LITIGATION IN THE CITY OF LOS ANGELES AND THE CITY OF SAN DIEGO ON THOSE ISSUES, WHICH IS STILL PENDING.

URINATING, DEFECATING IN PUBLIC, OPEN ALCOHOL CONTAINERS AND DRINKING IN PUBLIC, THIS IS CURRENTLY RESTRICTED IN THE VILLAGE BARRIO MASTERPLAN AREA IN ROTARY PARK SCAVENGING.

THERE ARE NUMEROUS PROVISIONS IN OUR PARKS SECTION FOR UNLAWFUL ACTS SUCH AS ENTERING PARKS OR BEACHES AFTER POSTED CLOSING TIMES, OBSTRUCTING WALKWAYS AND ERECTING STRUCTURES, AND THEN DISTRIBUTION OR SOLICITATION OF PERSONS IN VEHICLES.

THIS ORDINANCE IT'S QUITE NARROW, IT REALLY ONLY APPLIES TO HIGH SPEED INTERSECTIONS ABOVE THIRTY FIVE MILES PER HOUR AND HIGHWAY ON AND OFF RAMPS, AS WELL AS LA COSTA AVENUE.

THE PROPOSED ORDINANCE.

THESE ARE THE TOOLS, ESSENTIALLY THAT WE'RE LOOKING TO ADD.

WE WOULD BE AMENDING CHAPTER 8.36, WHICH IS THE CAMPING ON PUBLIC PROPERTY.

THE CURRENT CHAPTER TO ALLOW FOR CAMPING ON A RESTRICTION FOR CAMPING ON PRIVATE PROPERTY, CAMPING ON OPEN SPACE PROPERTY, CAMPING ON PUBLIC PROPERTY, ONLY AT CERTAIN TIMES OF THE DAY.

AND IT WOULD RESTRICT THE STORAGE OF PROPERTY, STORAGE OF PERSONAL BELONGINGS ON PUBLIC PROPERTY.

THE NEW ORDINANCE WOULD AMEND SECTION 8.28.050.

THIS IS THAT DISTRIBUTION OR SOLICITATION OF PERSONS AND VEHICLES TO SLIGHTLY AMEND THE LANGUAGE TO INCLUDE SALES, AND IT WOULD ADD A NEW CHAPTER THAT KIND OF ROUNDS OUT THE SOLICITATION OFFENSE, WHICH REGULATES AGGRESSIVE SOLICITATION AS WELL AS SOLICITATION IN A PARKING LOT AFTER DARK.

AND THERE ARE A FEW OTHER SECTIONS THAT WE PULLED OUT OF CHAPTER 8.32 WHEN WE WERE ENACTING OUR SIDEWALK VENDING ORDINANCE THAT WE WOULD JUST BE PUTTING BACK IN.

BUT THERE ARE NO CHANGES.

AND THEN WE WOULD BE ADDING A NEW CHAPTER 8 .

38 CONCERNING OBSTRUCTION OF PROPERTY.

THIS IS BOTH PUBLIC PROPERTY AND PRIVATE PROPERTY THAT'S OPEN TO THE PUBLIC.

TRESPASS OF PRIVATE PROPERTY, OPEN TO THE PUBLIC AND DISORDERLY CONDUCT, VARIOUS TYPES OF DISORDERLY CONDUCT THAT ARE NOT THAT DON'T FALL WITHIN THE AMBIT OF PROTECTED FIRST AMENDMENT SPEECH AND THEN FINALLY AMEND SECTION 8.44.040.

THIS IS OUR CONSUMPTION OR POSSESSION OF AN OPEN CONTAINER.

WE WOULD BE ADDING PINE PARK HOLIDAY PARK TO THAT SECTION AS PLACES WHERE YOU CANNOT CONSUME OR THESE BEVERAGES UNLESS THERE'S A PERMIT ISSUED BY THE CITY MANAGER FROM THE PARKS DEPARTMENT.

[00:35:01]

SO JUST GOING INTO A LITTLE BIT MORE OF THE DETAILS.

THE AMENDED CHAPTER EIGHT POINT THIRTY SIX, THIS WOULD BE THE NEW PROPOSED TITLE UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY AND STORAGE OF PROPERTY.

I FORGOT TO MENTION I'M SORRY, FIRES IN MY PREVIOUS SLIDE.

IT WOULD EXPAND THE DEFINITION SECTION TO AID AND ENFORCEMENT.

AND THIS IS VERY IMPORTANT BECAUSE OUR POLICE DEPARTMENT REALLY NEEDS CLEAR GUIDELINES AS TO WHAT QUALIFIES AS CAMPING, WHAT QUALIFIES AS PERSONAL PROPERTY.

AND THIS HAS BEEN THE SUBJECT OF A LOT OF LITIGATION.

SO IT WAS REALLY IMPORTANT FOR US TO CLEAN UP OUR DEFINITIONS AND MAKE SURE THAT OUR POLICE DEPARTMENT AND OUR PUBLIC KNOW EXACTLY WHAT IS REGULATED UNDER OUR ORDINANCE.

IT WOULD CODIFY OUR EXISTING PD POLICY FOR CAMPING ON PUBLIC PROPERTY AGAIN WITH THE ADVENT OF THE MARTIN CASE, CITIES ARE NOT ENFORCING THEIR CAMPING ORDINANCES AT ALL LOCATIONS IN ALL TIMES OF DAY, AND IF THEY AREN'T, THEN THEY'RE RISKING A LAWSUIT.

WHILE MANY CITIES HAVEN'T NECESSARILY CHANGED THEIR ORDINANCES OR CODIFICATION, THAT IS THEIR POLICY AND THIS ORDINANCE WOULD SIMPLY CODIFY OUR POLICY, OUR EXISTING POLICY.

ALSO IN OUR POLICY, WHICH IS NOT IN THE ORDINANCE, IS TO OFFER SERVICES AND OFFER HOUSING IF AVAILABLE TO ANY PERSON WITH WHOM THE POLICE DEPARTMENT MAKES CONTACT.

SO AS OUR CITY PROSECUTOR, WHEN I'M REVIEWING OUR WHEN I'M REVIEWING A MISDEMEANOR CITATION PRIOR TO FILING CHARGES, EVERY SINGLE TIME, I MAKE SURE THAT SERVICES AND HOUSING HAVE BEEN OFFERED IF AVAILABLE.

IF NOT, I WOULD REJECT THAT CITATION FOR FILING.

IT WOULD ALSO EXPAND OUR CAMPING OFFENSE TO OPEN SPACE PROPERTY AND PRIVATE PROPERTY, A LOT OF OTHER CITIES ESPECIALLY HAVE A PRIVATE PROPERTY CAMPING ORDINANCE.

SOME OTHER CITIES, SUCH AS VISTA, DO HAVE A PROHIBITION ON OPEN SPACE PROPERTY.

IT WOULD PROHIBIT FIRES AND COOKING ON PUBLIC PROPERTY INCLUDED IN THE MATERIALS WITH A GRAPH JUST TO DEPICT THE AMOUNT OF FIRES IN 2020 AND 2021 ASSOCIATED WITH HOMELESS INDIVIDUALS OR HOMELESS INCIDENTS.

THERE WERE ONE HUNDRED AND TWENTY SIX SUCH FIRES IN 2020 AND TO DATE IN 2021, THERE HAVE ALREADY BEEN 87 SUCH FIRES.

AND THEN IT WOULD PROHIBIT STORAGE OR LEAVING UNATTENDED PERSONAL PROPERTY IN PUBLIC AREAS.

AND THESE TERMS, STORAGE AND LEAVING UNATTENDED ARE DEFINED IN THE ORDINANCE JUST TO MAKE CLEAR WHAT EXACTLY IS ALLOWED AND ISN'T.

THE UNLAWFUL CAMPING ON PUBLIC PROPERTY.

THE PROHIBITION WOULD BE CAMPING ON PUBLIC PROPERTY BETWEEN THE HOURS OF 6 A.M.

AND 10 P.M.

.

THERE IS A DISTINCTION BETWEEN CAMPING VERSUS LYING, SITTING AND SLEEPING.

SO MERELY LYING, SITTING OR SLEEPING OR SOMEONE HAVING A PICNIC DURING THE DAY, THAT'S NOT GOING TO BE, THAT'S NOT PROHIBITED CONDUCT.

WE'RE NOT GOING TO BE CITING FOR THAT.

SOMEONE SITTING ON A PARK BENCH FOR A FEW HOURS, THEY'RE NOT GOING TO BE CITIED.

SO CAMPING MEANS YOU'RE GOING TO HAVE TO HAVE SOME BELONGINGS WITH YOU.

THAT IS EVIDENCE THAT THIS IS A KIND OF A LONG TERM PLACE THAT YOU'RE STAYING AS OPPOSED TO JUST MERELY PASSING THROUGH FOR A FEW HOURS.

NO CAMPING ON OPEN SPACE PROPERTY AT ANY TIME.

CITATIONS MAY BE ISSUED AT ANY TIME IF AN INDIVIDUAL HAS REALISTIC ACCESS TO SHELTER AND WILLFULLY REFUSES SUCH SHELTER FOR ANY REASON UNRELATED TO THE EXERCISE OF A CONSTITUTIONAL RIGHT.

SO REALISTIC ACCESS TO SHELTER., THAT'S KIND OF LANGUAGE TAKEN FROM THE MARTIN CASE, BUT IF WE OFFER SOMEONE A BED, FOR EXAMPLE, IN A SHELTER, THE POLICE DEPARTMENT DOES AND THE PERSON REJECTS IT, EVEN DURING THE NIGHTTIME HOURS, THEY CAN BE CITED UNDER OUR ORDINANCE.

SIMILARLY, IF THE INDIVIDUAL SAYS THAT THEY HAVE A PLACE TO STAY BUT JUST REFUSE TO GO THERE, THEY COULD ALSO BE CITED UNDER THE ORDINANCE AND THAT'S SOMETHING THAT THE MARTIN CASE MADE CLEAR THAT CITIES CAN DO.

THE UNLAWFUL CAMPING ON PRIVATE PROPERTY AND FIRES ON PUBLIC PROPERTY SECTION OF CHAPTER 8 .

36.

ESSENTIALLY, NO CAMPING ON PRIVATE PROPERTY WITHOUT THE OWNER OR LESSEES EXPRESS PERMISSION, WHETHER THAT'S VERBAL OR IN WRITING.

AND I ALREADY WENT THROUGH THE STATS, BUT NO FIRES ON PUBLIC PROPERTY.

I THINK FOR OBVIOUS REASONS, THE RISKS OF WILDFIRES AND JUST THE SPREAD OF THESE FIRES AS A RESULT OF THE INCIDENTS THAT WE'VE HAD TO DATE.

THE STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES, THIS IS THE LAST SUBSECTION SUBSTANTIVE SUBSECTION OF THE NEW CHAPTER AMENDED CHAPTER 8.36.

IT WOULD BE UNLAWFUL TO STORE LEAVE UNATTENDED YOUR PERSONAL PROPERTY, INCLUDING CAMP FACILITIES OR CAMPING IMPLEMENTS, IN A PUBLIC PLACE BETWEEN THE SAME HOURS 6 A.M.

TO 10 P.M.

AS THE PROHIBITION ON PUBLIC CAMPING.

THE OFFICERS UNDER THIS ORDINANCE, THEY CAN EITHER CITE FOR THIS SUBSECTION OR THEY CAN JUST SIMPLY REMOVE THE PROPERTY CLEARING ENCAMPMENT LIKE THEY HAVE BEEN DOING TO DATE.

THEY COULD DO BOTH.

IT'S KIND OF UP TO HOW THEY WANT THEIR DISCRETION AS TO HOW THEY WANT TO HANDLE THE SITUATION.

IN REMOVING STORED PERSONAL PROPERTY, THE POLICE DEPARTMENT DOES HAVE PROCEDURES AND PROTOCOLS THAT THEY FOLLOW TO MAKE SURE THAT THEY'RE LEGALLY COMPLIANT, AND THE ORDINANCE WOULD ALSO MAKE IT UNLAWFUL FOR AN INDIVIDUAL TO INTERFERE WITH A CLEANUP.

THE AMENDED SECTION 8.28.050 WHICH I PREVIOUSLY SAID, IT'S SIMPLY MINOR AMENDMENTS, WE'RE JUST ADDING SALES TO THIS SECTION AND THIS SUBSECTION IS

[00:40:05]

NARROW.

IT ONLY APPLIES TO HIGH SPEED INTERSECTIONS.

THE COMMERCIAL VISITOR OVERLAY ZONE AND THE LA COSTA AVENUE, IT WAS ORIGINALLY INTENDED TO ADDRESS HAWKING ACTIVITIES, SO IT REALLY ONLY COVERS A NARROW SECTION OF THE CITY.

AND THAT'S WHY WE CHOSE TO OFFER THIS NEW CHAPTER 8.34 SOLICITATION FOR INTRODUCTION BECAUSE IT WOULD REGULATE MORE CONDUCT THAN THAT.

THAT'S THE OTHER SECTION.

IT WOULD IMPOSE A CITY WIDE BAN ON AGGRESSIVE SOLICITATION OR DISTRIBUTION, WHICH IS DEFINED IN THE ORDINANCE.

NO SOLICITING OR DISTRIBUTING BY APPROACHING A MOTOR VEHICLE STOP THAT A TRAFFIC CONTROL SIGN SIGNAL OR LIGHT.

SO SOMEONE MERELY STANDING IN A MEDIAN, THIS WILL NOT REGULATE THAT CONDUCT.

UNFORTUNATELY, THAT WOULD MOST LIKELY BE ILLEGAL UNDER THE FIRST AMENDMENT, SO WE WOULDN'T BE ABLE TO REGULATE JUST MERELY STANDING IN THE LAST BULLET POINT.

PASSIVELY STANDING, SITTING OR PERFORMING MUSIC WHILE HOLDING A SIGN WITH NO FURTHER CONDUCT WOULD NOT BE A VIOLATION.

NEW CHAPTER 8.38, OBSTRUCTION OF PROPERTY AND TRESPASS THAT PROHIBITS OBSTRUCTION, WHICH COULD MEAN PARTIAL OR COMPLETE OBSTRUCTION, BLOCKAGE OF PUBLIC AND QUASI PUBLIC PROPERTY, SO IT'S GOING BEYOND JUST OBSTRUCTION OF BEACHES AND PARKS, WHICH IS CURRENTLY WHAT THE MUNICIPAL CODE REGULATES.

SO THIS COVERS SIDEWALK, STREETS, PARKS AND IT CAN COVER AREAS WHETHER OR NOT THERE ARE PERSONS THERE OR MAYBE PRESENT.

IT ALSO PROHIBITS TRESPASS ON PARKING LOTS, SHOPPING CENTER PROPERTY AND OTHER PRIVATE PROPERTY OPEN TO THE PATRONAGE OF THE PUBLIC.

AND UNDER THE ORDINANCE, AN INDIVIDUAL WOULD HAVE TO EITHER BE WORN BY AN OFFICER FIRST PRIOR TO BEING CITED, OR THERE WOULD HAVE TO BE SIGNAGE UP EITHER IN THAT PRIVATE PROPERTY OR IN PUBLIC PROPERTY, INDICATING THAT THEY COULD BE CHARGED WITH THIS OFFENSE.

AND FINALLY, THE AMENDED SECTION EIGHT POINT FOUR FOUR ZERO FOUR, OH, THE CITY'S OPEN CONTAINER LAW, WE WOULD JUST BE EXPANDING THAT PROHIBITION TO HOLIDAY PARK AND PINE AVENUE COMMUNITY PARK BASED ON DATA AND COMMUNITY FEEDBACK THAT THOSE HAVE BEEN PROBLEMATIC AREAS.

AGAIN, IF SOMEONE'S HAVING A PICNIC OR A BIRTHDAY CELEBRATION IN THE PARK THAT IS PERMITTED THROUGH THE PARKS DEPARTMENT, THEY WOULD BE ABLE TO HAVE ALCOHOL AT THAT EVENT PURSUANT TO THEIR PERMIT.

SO THIS WOULDN'T PROHIBIT THOSE TYPES OF EVENTS.

POSSESSION WOULD BE AN INFRACTION AND CONSUMPTION WOULD BE A MISDEMEANOR.

THAT'S JUST THE CLEANUP OF THIS SECTION BASED ON STATE LAW AND THE BUSINESS AND PROFESSIONS CODE.

UM, IF THE ORDINANCE IS ADOPTED, I'LL LET ASSISTANT CHIEF MAGRO RUN THROUGH THE POLICE DEPARTMENT'S NEXT STEPS AND THEN THE FOLLOWING THE CITY ATTORNEY'S OFFICE.

HERE WE GO.

OK, I'M SORRY ABOUT THAT TRYING TO GET UNMUTED HERE.

IT'S A LITTLE BIT PROBLEMATIC, BUT I THINK FROM THE POLICE DEPARTMENT'S PERSPECTIVE, OUR NEXT STEPS WOULD BE CONDUCT OUTREACH, WHICH WE'VE DONE QUITE A BIT UP TO THIS POINT.

BUT WE WOULD CONTINUE TO DO SOME OUTREACH, PROVIDE PUBLIC EDUCATION IN PERSON AT MANY, YOU KNOW, EACH OF ALL THE DISTRICTS TO HAVE SOME MORE TOWN HALL, AT LEAST GET THE INFORMATION OUT THERE AND WE WOULD UTILIZE OUR SOCIAL MEDIA PLATFORM AND OUR WEB PAGES.

WE WOULD LIKE TO REVIEW AND UPDATE OUR POLICIES AND MAKE ANY NECESSARY CHANGES TO ENSURE ANY COMPLIANCE WITH APPLICABLE LAWS LIKE, FOR EXAMPLE, THE STORAGE OF PERSONAL PROPERTY.

AND WITH THAT, WE WOULD REVIEW THOSE POLICIES AND MAKE SURE THAT WE DO FOLLOW THE LAW ON THE STORAGE AND THE RELEASE OF IT.

WE BEGIN USING OUR NEW ENFORCEMENT TOOLS ONCE THE ORDINANCE IS EFFECTIVE, AND WE'D CONTINUE TO TRACK DATA ON HOMELESS CALLS FOR SERVICE OFFENSES AND CITATIONS, AND WE WOULD PROVIDE ORDINANCE IMPLEMENTATION UPDATES AS APPROPRIATE IN THE QUARTERLY UPDATES FOR COUNCIL GOALS TO REDUCE THAT COUNCIL GOAL.

THAT WAS TO REDUCE HOMELESS HOMELESSNESS BY 50 PERCENT FOR THOSE WHO WANT ASSISTANCE IN THE NEXT FIVE YEARS.

AND JUST A REMINDER THAT THAT WAS ONE OF THE THINGS WE HAVE ALREADY IMPLEMENTED IS THOSE QUARTERLY UPDATES.

SO WE WOULD INCLUDE THE ORDINANCE IMPLEMENTATION UPDATES IN THAT QUARTERLY REVIEW OF THAT COUNCIL GOAL.

AND THEN FROM THE CITY ATTORNEY'S OFFICE PERSPECTIVE, WE WOULD CONTINUE REVIEWING MISDEMEANOR CITATIONS AND FILE DOWNGRADE OR DISMISS CHARGES AS NECESSARY.

THERE ARE A NUMBER OF INFRACTIONS CITATIONS THAT ARE ISSUED AS WELL BY THE POLICE DEPARTMENT.

WE DO REVIEW THOSE, BUT WE DON'T FILE CHARGES ON THOSE CASES.

THOSE JUST GO DIRECTLY TO THE COURT.

SO WE ARE REVIEWING INFRACTIONS AS WELL TO ENSURE THAT THEY'RE LEGALLY COMPLIANT AND PROPERLY CHARGED.

WE WOULD ENSURE THAT INCIDENT REPORTS FROM THE POLICE, AS I MENTIONED

[00:45:03]

EARLIER IN THE PRESENTATION, THAT THEY REFLECT AND OFFERING OF SHELTER HOUSING IF AVAILABLE AND THEN ANY OTHER SOCIAL SERVICES, SUCH AS DRUG TREATMENT.

BEFORE FILING A CASE, WE MAKE SURE THAT SERVICES ARE ALWAYS OFFERED, AND THEN WE WOULD ENSURE THAT OUR PLEA OFFERS FULFILL THE GOALS OF THE CITY'S HOMELESS RESPONSE PLAN AND LINK DEFENDANTS TO HOMELESSNESS SERVICES.

AS MENTIONED IN THE STAFF REPORT, OUR CASES TO DATE HAVE BEEN DISPOSED OF EITHER THROUGH A PROBATIONARY PLEA OFFER OR THEY'VE ULTIMATELY BEEN DISMISSED.

SOMETIMES OVER A PERIOD OF TIME, IF NO NEW LAWS ARE BEING VIOLATED, WE FIND THAT IN THE INTEREST OF JUSTICE, DISMISSAL IS APPROPRIATE.

BUT WITH REGARD TO THE PROBATIONARY PLEA OFFERS, THOSE ARE USUALLY THREE YEARS IN DURATION AND THEY INCLUDE A STAY AWAY ORDER FROM THE LOCATION AT ISSUE.

AND IF AN INDIVIDUAL VIOLATES THAT, THEY CAN BE CHARGED WITH A NEW OFFENSE A PROBATION VIOLATION.

SO THE STAFF'S RECOMMENDATION WE DID IN THE STAFF REPORT, THERE ARE THREE DIFFERENT OPTIONS WE WOULD RECOMMEND, WE DIDN'T ACTUALLY WEIGH OUT THE OPTIONS IN THE SLIDE, BUT THE FIRST OPTION WOULD BE TO INTRODUCE THE ORDINANCE INTO ADDRESS, WHICH ADDRESSES THE FOLLOWING QUALITY OF LIFE CONCERNS.

THE SECOND OPTION WOULD BE TO DIRECT STAFF TO RETURN WITH AN ORDINANCE THAT INCLUDES SOME OF THE PROPOSED AMENDMENTS AND ADDITIONS, AS IDENTIFIED BY THE CITY COUNCIL, AND THEN THE FINAL OPTION WOULD BE TO NOT INTRODUCE THE ORDINANCE.

WE WOULD, AS STAFF, WOULD RECOMMEND OPTION ONE AND BECAUSE IT WOULD ADDRESS ALL OF THE FOLLOWING ISSUES, UNLAWFUL CAMPING ON PUBLIC AND PRIVATE PROPERTY, FIRES AND COOKING ON PUBLIC PROPERTY.

STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.

SOLICITATION, OBSTRUCTION OF PROPERTY, TRESPASS AND DISORDERLY CONDUCT, AND OPEN CONTAINERS IN HOLIDAY PARK AND PINE AVENUE COMMUNITY PARK.

WE DID LAY OUT THE PROS AND CONS WITHIN THE ORDINANCE TO KIND OF FACILITATE THE COUNCIL'S THOUGHT PROCESS AND DISCUSSION, BUT WE BELIEVE THAT THIS WOULD BE THE BEST TOOLS FOR THE CITY AND FOR THE POLICE DEPARTMENT, AND THEY WOULD BE USED JUDICIOUSLY AND NOT EXPLOITED IN ORDER TO ADDRESS PROBLEMATIC CONDUCT WITHIN THE CITY.

AND WITH THAT, IF THERE ARE ANY QUESTIONS, WE WILL RECEIVE YOUR QUESTIONS.

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

SO LET'S DO THE SPEAKERS NEXT, PLEASE.

THE FIRST SPEAKER IS JESSICA KRAMER AT 6858.

CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? HI, MY NAME IS JESSICA KRAMER, MR. MAYOR AND STAFF, I HAVE DISABILITY LIMITATIONS THAT MAKE THIS THIS NEXT THREE MINUTES VERY CHALLENGING.

SO I ASK AS AN ACCOMMODATION THAT YOU PLEASE DON'T CUT ME OFF IF I GO SLIGHTLY OVER MY THREE MINUTES.

AGAIN, MY NAME IS JESSICA KRAMER, I'M A 20 YEAR CARLSBAD BUSINESS OWNER, RESIDENT AND PASSIONATE VOLUNTEER.

I ALSO HAVE LIVED EXPERIENCE WITH BEING HOMELESS IN CARLSBAD.

AFTER I WAS STRICKEN DOWN BY A DEBILITATING RECURRENT BRAIN AND SPINAL CORD SWELLING CONDITION, THE COST OF MY MEDICAL CARE DECIMATED MY SAVINGS LEFT ME FAR BELOW THE POVERTY LINE AND UNABLE TO MEET MY BASIC NEEDS.

DURING MY PERIODS OF HOMELESSNESS, WHICH BECAUSE OF A LACK OF DISABILITY, ACCESSIBLE SERVICES AND RESOURCES, LASTED ALMOST 16 TERRIFYING YEARS, I EXPERIENCED VIOLENCE, DISCRIMINATION, HUMILIATION, HUNGER, RAPE, ABUSE BY LAW ENFORCEMENT AND PARAMEDICS AND MANY OTHER ATROCITIES, ALL TOO COMMON FOR THOSE LIVING WITH DISABILITIES, BOTH PHYSICAL AND PSYCHOLOGICAL, BUT ESPECIALLY FOR THOSE WHO DON'T HAVE A SAFE PLACE TO BE OR LIVE.

I'M A PROUD SURVIVOR, AND I USE MY VOICE TODAY TO SHED THE LIGHT OF KINDNESS ON THOSE WHO ARE SO, SO VULNERABLE AND STRUGGLING TO MEET EVEN THEIR MOST BASIC NEEDS.

BUT I STILL LIVE WITH SCARS THAT MOST OF THE TIME CAN'T BE SEEN ON THE OUTSIDE.

IF YOU COULD SEE THE TERROR AND SADNESS INSIDE OF ME, YOU WOULD SEE SCARRING THAT IS HARD TO LIVE WITH AND LAST A LIFETIME.

SOMETIMES, THOUGH, MY DISABILITY IS VISIBLE WHEN I GET SICK OR TRAUMA TRIGGERED, I CAN ACT OUT IN WAYS THAT HAVE NOTHING TO DO WITH MY PERSONALITY, MY NATURE OR MY MORALITY.

AND I HAVE BEEN JUDGED TERRIBLY IN THESE TIMES.

ONE COULD EASILY MISCONSTRUE MY DISABILITY RELATED SYMPTOMS OF CHRONIC BRAIN SWELLING AND POST-TRAUMATIC STRESS DISORDER AS ACTING OUT OR EVEN WORSE, AS DISORDERLY CONDUCT.

BUT IT'S NOT THOSE BEHAVIORS OR SYMPTOMS OF A DISABILITY AND THE TRAUMA I'VE EXPERIENCED, AND THEY ARE IN FACT GREATLY PROTECTED UNDER THE ADA AMERICANS WITH DISABILITIES ACT.

I, AS A PERSON WITH A DISABILITY, HAVE TREMENDOUS LEGAL RIGHTS, SPECIAL PROTECTION AND SPECIAL CONSIDERATION UNDER THE LAW.

UNFORTUNATELY, MISUNDERSTANDINGS ABOUT DISABILITY AND HOMELESSNESS

[00:50:02]

CAUSES THOSE DISABILITY RELATED BEHAVIORS TO BE OSTRACIZED, PUNISHED OR, EVEN WORSE, CRIMINALIZED.

THIS IS AN UNACCEPTABLE RESPONSE TO PERSONS WITH SIGNIFICANT PHYSICAL AND MENTAL LIMITATIONS.

THE CITY IS MAKING GREAT IMPROVEMENTS, BUT HOUSING, SHELTER AND RESOURCES ARE STILL INSUFFICIENT AND INACCESSIBLE.

THE CITY'S ATTORNEY'S OFFICE CHARGES TITLE EIGHT AND 11 VIOLATIONS OF THE CARLSBAD MUNICIPAL CODE AS DEFAULT CRIMINAL MISDEMEANORS.

THE PROPOSED ORDINANCE CHANGES TO TITLE EIGHT WILL SERVE AS A PATHWAY TO FURTHER DISCRIMINATE AGAINST AND CRIMINALIZE OUR MOST VULNERABLE.

THE STAFF REPORT IS LOADED WITH CONTRADICTIONS.

THE NEW PROPOSED ORDINANCES DIRECTLY CONTRADICT OUR CITY'S RATHER COMPASSIONATE POLICE MANUAL POLICY 464 REGARDING HOMELESS PERSONS AND POLICY 326 REGARDING ABUSE OF DISABLED ADULTS.

SO NOW OUR POLICE DEPARTMENT IS GOING TO MAKE THE POLICE MANUAL LESS COMPASSIONATE? THESE ORDINANCES MOST CERTAINLY CONTRADICT THE LOCAL AND NATIONAL MOVEMENT TO DECRIMINALIZE HOMELESSNESS.

THE STAFF REPORT ACKNOWLEDGES THESE ORDINANCES WILL DISPROPORTIONATELY AFFECT UNSHELTERED PERSONS AND WILL CREATE LEGAL AND FINANCIAL BARRIERS TO THOSE TRYING TO EXIT HOMELESSNESS.

PLEASE STOP CRIMINALIZING DISABILITY AND HOMELESSNESS.

PLEASE STOP SPENDING MORE TIME AND MONEY, PUNISHING THOSE WHO ALREADY CAN'T MEET THEIR BILLS....AND WE THANK YOU VERY MUCH, YOU ARE THIRTY SECONDS OVER YOUR TIME, WE APPRECIATE YOUR COMMENTS.

THANK YOU.

THE NEXT SPEAKER IS KATIE TAYLOR AT 1681.

MS. TAYLOR WILL YOU PLEASE PRESS STAR SIX TO UNMUTE.

GOOD AFTERNOON, THIS IS KATIE TAYLOR, I WANT TO FIRST AND FOREMOST CONGRATULATE THE MAYOR, CITY COUNCIL AND STAFF FOR LEANING FORWARD WITH THE ORDINANCES TO AMEND TITLE EIGHT OF THE MUNICIPAL CODE.

ADDRESSING THE QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES.

MY RECOMMENDATION TODAY BEFORE THE PROPOSED ORDINANCE WAS AVAILABLE FOR REVIEW, WAS TO HIRE A LEGAL TEAM TO ADVISE CARLSBAD ON WHAT ORDINANCES CAN BE IMPLEMENTED TO ADDRESS THE HOMELESS ISSUE.

WHEN MARTIN VERSUS BOISE WAS HANDED DOWN, THE COUNTRY DID NOT HAVE THOUSANDS OF DRUG AND ALCOHOL ADDICTED HOMELESS LIVING ON THE STREETS.

I APPLAUD THE STEPS IN THIS DIRECTION.

CITIES ARE AMENDING THEIR ORDINANCES TO TAKE BACK CONTROL OF THEIR STREETS AND PUBLIC AREAS.

DRIVE THRU SEAL MANHATTAN BEACH, THEY'RE DOING SOMETHING RIGHT.

IN REVIEWING THE ORDINANCE, A FEW ITEMS OF CONCERN JUMPED OUT.

UNDER UNLAWFUL CAMPING, CAMP OR SLEEP AT ANY TIME IN ANY LOCATION, EXCUSE ME, THIS IS NUMBER 2BTO BE CAMP OR SLEEP AT ANY TIME IN ANY LOCATION CITY IF THE PERSON REALISTICALLY HAS ACCESS TO TEMPORARY OR PERMANENT SHELTER.

I THINK THE CITY ATTORNEY MENTIONED A SPECIFIC ITEM.

I'D LIKE MORE CLARIFICATION BECAUSE I WOULD RECOMMEND THE WORD REALISTICALLY BE REMOVED AS TO SUBJECTIVE.

I HAVE QUESTIONS ABOUT THE ENFORCEMENT EFFECTIVENESS OF MISDEMEANORS.

WHAT WILL THE FINES BE? THE HARDCORE CHRONIC HOMELESS POPULATION HAS LITTLE FEAR OF TICKETS AND FINES AS THIS FRESH START TO DEAL WITH THE QUALITY OF LIFE CONCERNS.

I THINK A NEW SHOPPING CART OWNERS WILL GO HAND IN HAND TO BUILD A NEW CITY ORDINANCE ON THE USE OF SHOPPING CARTS.

SHOPPING CARTS CAN ONLY BE USED AS A PLACE OF BUSINESS AND PARKING LOT AREA THEY'RE ASSOCIATED WITH NO SHOPPING CART USE ON SIDEWALKS, STREETS, PARKS, SHOPPING CARTS RETURNED TO THE RIGHTFUL OWNERS.

THE BUSINESS NAME HAS BEEN REMOVED AS A STORAGE AREA AT THE CITY, WHERE A LOCAL BUSINESS OWNER, YOU CAN SEE THE RETURN CARTS AND, WITH A VALID CLAIM, HAVE THEIR SHOPPING CART RETURNED.

I DO NOT WANT TO HEAR ANYTHING ABOUT A BUSINESS BEING RESPONSIBLE WITH THEIR SHOPPING CART OR MANDATE EXTENSIVE MEASURES FOR BUSINESS OWNERS TO TAKE SO SHOPPING CART CANNOT BE MOVED FROM A BUSINESS LOCATION.

BUSINESS OWNERS ARE THE BREAD AND BUTTER OF CITY, TIME YOU PROTECT THEIR INTERESTS.

THEY EARN PROTECTION BY THEIR TAXES TO THE CITY.

STOP IGNORING HOMELESS STEALING SHOPPING CARTS, HELP BUSINESS OWNERS.

LAST, LET'S START CLEANING UP CARLSBAD.

THE DOWNTOWN, THE FOUNTAIN, THE STREETS, THE SIDEWALK, THE BENCHES, REMOVE WEEDS, CLEAN UP AND MAINTAIN THE PLANTERS AND REMOVE EVERY BIT OF GRAFFITI.

THIS CAN BE DONE RIGHT NOW, AND I WANT TO THANK YOU FOR A BRIGHT DAY AHEAD FOR THE CITY OF CARLSBAD.

THANK YOU.

THE NEXT SPEAKER IS ALI ARKINS AT 8100 EIGHT ONE ZERO ZERO.

WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON, CITY COUNCIL MEMBERS, MAYOR HALL, MAYOR PRO TEM BLACKBURN VOTE YES, AND ADOPT OPTION ONE OF THE ORDINANCE TO AMEND TITLE 8.

HERE ARE CARLSBAD POLICE DEPARTMENT WHO WANT TO SERVE AND PROTECT THEIR CITIZENS OF CARLSBAD AND IMPROVE OUR QUALITY OF LIFE FOR BOTH THE HOMELESS AND THEIR RESIDENTS.

EVERYONE ON THIS COUNCIL HAS EXPERIENCE IN SERVING AND PROTECTING THE COMMUNITY, BUSINESS PUBLIC HEALTH, MAYOR PRO TEM BLACKBURN YOU WORKED AS AN OFFICER FOR THE

[00:55:04]

CARLSBAD POLICE DEPARTMENT FOR DECADES, SO YOU SHOULD UNDERSTAND AND SUPPORT OUR CPD ORDINANCES.

AND DR.

PATEL, YOUR PH.D., IS IN PUBLIC HEALTH, SO YOU TOO SHOULD WHOLEHEARTEDLY SUPPORT AND AMEND ORDINANCES, THESE ORDINANCES.

SO MY CONCERNS ARE COUNCIL, WHY DURING YOUR SERVICE TO OUR COMMUNITY, ARE WE FACING A PUBLIC HEALTH, SAFETY AND ENVIRONMENTAL LIABILITIES? EVERY DAY IN DOWNTOWN CARLSBAD, WE SEE HUMAN WASTE ON THE STREETS, THE MENTALLY ILL AND THE ADDICTED LOITERING OR PASSED OUT ON PUBLIC PROPERTY.

AND ACCORDING TO CPD, AN INCREASE IN CRIME MOSTLY THROUGHOUT DISTRICT ONE AND ALL RECORDED DURING YOUR TENURE AS REPRESENTATIVE FOR CARLSBAD.

UM, CARLSBAD POLICE DEPARTMENT, IT'S PROVIDING THE COUNCIL SOLUTIONS, CLARITY AND FORESIGHT TO THE POTENTIAL LEGAL LAWSUITS.

AND PLEASE HELP THE POLICE, YOU KNOW, POLICE DEPARTMENT AND ANSWER THE CITIZENS WHO CALL FOR PROTECTION DAILY AND YOU CAN HELP THEM IMPROVE OUR QUALITY OF LIFE SAFETY AND CONCERNS.

PLEASE READ THE ORDINANCE SUBMITTED TO HELP FUND THE POLICE DEPARTMENT WITH ADEQUATE FUNDING AND SUPPORT THEIR EFFORTS TO PROTECT AND SERVE.

HALT ALL FUTURE HIRING OF ALL CITY EMPLOYEES RELATED TO THE HOMELESS.

THE MILLIONS OF DOLLARS USED TO HIRE CITY EMPLOYEES TO HELP THE HOMELESS FIND SHELTER HAS NOT SHOWN SUCCESS IN REACHING ANY GOALS IN THE PAST THREE YEARS, BUT HAS ONLY MADE CARLSBAD A MAGNET FOR THE HOMELESS AND HAS ONLY MADE THE SITUATIONS WORSE.

NOW IT'S YOUR TURN TO LISTEN TO THE PEOPLE AND PASS THE ORDINANCE THE POLICE DEPARTMENT IS PROPOSING AND ALLOW THEM THE PURPOSE AND DIGNITY TO PERFORM THEIR DUTIES, DO THE RIGHT AND OBVIOUS VOTE YES TO THE TITLE AMENDMENT EIGHT AMENDMENTS AS SOON AS POSSIBLE.

THANK YOU.

THE NEXT SPEAKER IS YUSUF MILLER AT 3087, WILL YOU PLEASE PRESS STAR SIX TO UNMUTE.

GOOD EVENING, EVERYONE, I'M YOUSEF MILLER WITH THE NORTH COUNTY CIVIL LIBERTIES COALITION, AND THIS ORDINANCE, IT COULD DISPROPORTIONATELY AFFECT THE HOMELESS.

AND WHAT WE'RE LOOKING AT HERE IS OPEN CONTAINER LAWS, WHICH CAN ONLY BE USED IN PRIVATE PROPERTY.

IT SEEMS TO BE WHAT THEY'RE GETTING AT.

SO PRIVATE PROPERTY IS IN YOUR HOME OR IN YOUR APARTMENT, BUT THESE PEOPLE ARE HOMELESS, SO THEIR PROPERTY, THEIR RESIDENCE IS ON THE PUBLIC STREET.

THIS CAN LEAD TO DISPROPORTIONATE ARREST, A CITATION OF PEOPLE WHO CAN'T EVEN AFFORD TO PAY THE CITATIONS.

AND AND IT JUST EXACERBATES THEIR SITUATION.

CAMPING IN PUBLIC, IN PUBLIC AREAS OR PUBLIC SPACES.

PUBLIC SPACES AGAIN IS WHERE THEY LIVE.

SO IT ACTUALLY CRIMINALIZES THEIR EXISTENCE IN CARLSBAD.

AND I DON'T KNOW, BUT I DOUBT IF THAT'S WHERE WE WANT TO GO WITH DEALING WITH THE HOMELESS PROBLEM.

WE WANT TO BE MORE COMPASSIONATE, ALTHOUGH WE WANT TO FIX THE ISSUE WHEN IT COMES TO HEALTH AND HUMAN SERVICES.

BUT WE HAVE TO BE HUMANE ABOUT IT AS WE GO INTO THIS AREA OF CLEANING UP WHATEVER ISSUES THAT ARE CAUSED BY SOME OF THESE, THESE INFRACTIONS.

SOLICITING PERSONS IN VEHICLES.

NOW HOW ARE WE EVEN DETERMINE THAT IF A PERSON IS SITTING WITH A SIGN ASKING FOR CHARITY FROM FROM OTHER PASSERS BY, DOES THAT MEAN THEY'RE SOLICITING CARS OR IS IT TO WHAT THEY WALK UP TO THE VEHICLE? WE NEED TO BE CLEAR ABOUT THAT.

SOMEONE SITTING AT THE SIDE OF A PARK AND THEY'RE ASKING FOR CHARITY FROM A PERSON DOES NOT MEAN THEY'RE SOLICITING VEHICLES.

CAN THAT DISCRETION BE USED TO TO UNFAIRLY CRIMINALIZE AND CITE OUR HOMELESS PEOPLE? AND TO BE CLEAR, THAT THESE THESE CODES, WHICH MAY MAY PERPETUATE THIS INTENSIFY THE HOMELESS CASE, WE NEED TO MAKE SURE THAT WE LOOK AT IT WITH COMPASSION, WITH HONEST INTENTION TO HELP INSTEAD OF JUST RID OUR STREETS BY ANY MEANS NECESSARY OF PEOPLE WHO ARE UNDESIRABLE AND HARD FOR US TO LOOK AT.

BUT I HOPE YOU TAKE THOSE INTO CONSIDERATION WHEN IT COMES TO THIS ORDINANCE.

THANK YOU.

OUR NEXT SPEAKER IS GREG ANGEL AT 4526.

WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON, HONORABLE MAYOR AND COUNCIL MEMBERS, IT'S A PLEASURE TO BE WITH YOU TODAY.

MY NAME IS GREGG ANGEL, I SERVE AS CEO OF INTERFAITH COMMUNITY SERVICES.

INTERFAITH WORKS IN CLOSE PARTNERSHIP WITH THE CITY OF CARLSBAD ON A NUMBER OF QUALITY OF LIFE ISSUES.

TOGETHER WE OPERATE AN EMPLOYMENT CENTER CONNECTING LOW INCOME AND UNSHELTERED INDIVIDUALS TO SHORT TERM AND PERMANENT EMPLOYMENT.

TOGETHER, WE PROVIDE RENTAL ASSISTANCE AND COMPREHENSIVE CASE MANAGEMENT TO SUPPORT

[01:00:01]

LONG TERM SELF-SUFFICIENCY FOR STRUGGLING CARLSBAD FAMILIES.

TOGETHER WITH INTERFAITH BEHAVIORAL HEALTH, SOCIAL WORKERS AND CARLSBAD POLICE OFFICERS, WE ARE AT THE HOMELESS OUTREACH TEAM WORKING TO HELP PEOPLE GET OFF THE STREETS OF CARLSBAD.

WHEN IT COMES TO HOMELESSNESS, INTERFAITH COMMENDS THE CITY OF CARLSBAD EMPHASIS ON A BALANCED APPROACH.

EVERYONE SHOULD BE HELD ACCOUNTABLE FOR THEIR ACTIONS, AND ALL PEOPLE SHOULD BE EXPECTED TO ABIDE BY THE RULE OF LAW.

BUT WHEN THE RULE OF LAW IS CHANGED IN WAYS THAT CITY STAFF THEMSELVES IDENTIFY WILL DISPROPORTIONATELY IMPACT UNSHELTERED CARLSBAD RESIDENTS WITHOUT COMMENSURATE ADDITIONAL RESOURCES TO HELP THOSE UNSHELTERED RESIDENTS.

THAT IS NOT A BALANCED APPROACH.

I'D LIKE TO OFFER AN ALTERNATIVE AND A SUGGESTION FOR YOUR CONSIDERATION.

BECAUSE RIGHT NOW THERE IS NO SHELTER IN CARLSBAD FOR WOMEN OR CHILDREN.

THERE IS A FANTASTIC SHELTER IN CARLSBAD FOR MEN, BUT IT'S FULL, SO THE INDIVIDUALS WHO WOULD BE IMPACTED BY THESE ORDINANCES DO NOT HAVE OTHER OPTIONS.

THERE IS AN ALTERNATIVE.

LAST YEAR, AT THE HEIGHT OF COVID, THE CITY OF CARLSBAD, AN INTERFAITH COMMUNITY SERVICES, PARTNERED ON A TRULY BALANCED APPROACH.

AND TOGETHER WE OPENED AN EMERGENCY HOTEL SHELTER FOR MEDICALLY FRAGILE, UNSHELTERED PEOPLE.

WE HELPED 59 PEOPLE GET OFF THE STREETS OF CARLSBAD AND INTO SHELTER IN A CARLSBAD HOTEL.

THE PREVIOUS CALLER REFERENCED THE MYTH, AND IT IS A MYTH THAT IT'S OTHER PEOPLE'S HOMELESS, OTHER PEOPLE FROM OTHER COMMUNITY ON OUR STREETS.

WE CAN DISPUTE THAT.

WE CAN DISPEL THAT BECAUSE AT THIS HOTEL SHELTER LAST YEAR, 85 PERCENT WERE PREVIOUS RESIDENTS OF CARLSBAD WHEN THEY HAD HOMES OF THEIR OWN.

THEY WERE AND REMAIN OUR NEIGHBORS.

INTERFAITH STAFF SUPPORTED THE SHELTER RESIDENTS SEVEN DAYS A WEEK, COMPLETING COMPREHENSIVE ASSESSMENTS FOR HOUSING, MENTAL HEALTH, PHYSICAL HEALTH NEEDS, 24/7 SITE SECURITY.

AND IN THE END, 66 PERCENT OF THOSE INDIVIDUALS SUCCESSFULLY CONNECTED TO STABLE HOUSING.

EARLIER THIS YEAR, THE COUNCIL APPROVED FUNDING AND A PRACTICAL PLAN TO REPLICATE THIS SUCCESSFUL BALANCED APPROACH.

BUT UNFORTUNATELY, THOSE RESOURCES HAVE NOT YET COME TO REALITY.

I REQUEST AND INTERFAITH COMMUNITY SERVICES REQUESTS THAT THE CITY BRING ONLINE THAT APPROVED ADDITIONAL SHELTER HOTEL SHELTER RESOURCE BEFORE OR SIMULTANEOUS TO CONSIDERATION OF THESE ORDINANCES.

OUR NEXT SPEAKER IS KELLY LEBRESON AT 1732.

WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? HELLO, THIS IS KELLY LEBRESON.

THANK YOU, CITY ATTORNEY, CARLSBAD POLICE ASSISTANT CHIEF MAGRO, THE HOMELESS TEAM AND OTHER CITY STAFF FOR WORKING TOGETHER TO PRODUCE LANGUAGE TO AMEND TITLE EIGHT AS THE CARLSBAD MUNICIPAL CODE TO ADDRESS SAFETY AND QUALITY OF LIFE ISSUES IN THE CARLSBAD COMMUNITY.

THANK YOU FOR LISTENING TO THE CITIZENS IN THE TOWN HALL MEETINGS AND THE COUNCIL MEETINGS.

THIS IS A GREAT STEP FORWARD TO ADDRESS THE UNSAFE AND UNCLEAN PUBLIC AND PRIVATE SPACES IN OUR TOWN.

EVEN BIG CITIES LIKE LOS ANGELES, LONG MIRED IN DRUG AND CRIME RIDDLED HOMELESS ENCAMPMENTS, ARE PASSING NEW ORDINANCES TO BAN THE ENCAMPMENTS.

I QUOTE FROM A RECENT ARTICLE.

PROPONENTS HAVE PRAISED THE ORDINANCE, WITH MANY NOTING THAT THE UNCHECKED HOMELESS POPULATION HAS DAMAGED AND DESTROYED MANY PLACES WHERE LARGE ENCAMPMENTS WERE BUILT, INCLUDING AN ECHO PARK WHERE THE HOMELESS WERE EXPELLED IN A MASSIVE SWEEP IN APRIL, WHICH YIELDED THIRTY FIVE TONS OF TRASH.

SEVEN HUNDRED TWENTY THREE POUNDS OF BIOLOGICAL WASTE AND THOUSANDS OF HYPODERMIC NEEDLES.

ANOTHER NEIGHBOR TO OUR NORTH VENICE BEACH SHARES SOME OF THE CHARACTERISTICS OF CARLSBAD AND IS ALSO GOING ON OFFENSE IN ADDRESSING THE HOMELESS CRISIS THERE.

ANOTHER ARTICLE STATES, VENICE BEACH FACES NOT A DISPLACED PERSONS PROBLEM, BUT A TRANSIENT PROBLEM OWING TO ITS NICE WEATHER, WELL-MEANING VOLUNTEERS WHO GIVE OUT FOOD AND CLOTHING AND LOS ANGELES'S LAX APPROACH TO ENCAMPMENTS, ADDICTS AND OTHER LOST SOULS ARE DRAWN THERE FROM AROUND THE COUNTRY.

I'D ALSO LIKE TO ADDRESS REALLY QUICKLY THE ASSISTANT CITY ATTORNEY'S CONCERNS REGARDING LAWSUITS TO THE CITY.

THERE ARE CITIES WHO HAVE BEEN SUED FOR THEIR ORDINANCES BUT HAVE BEEN

[01:05:02]

SUCCESSFUL IN FIGHTING AGAINST THESE LAWSUITS.

FOR EXAMPLE, HOUSTON, TEXAS DEMOCRAT MAYOR SYLVESTER TURNER ARGUED THAT THE CITY MUST BALANCE THE PROVISION OF SERVICES WITH ENFORCEMENT OF THE LAW AGAINST ENCAMPMENTS.

THEY, THE MAYOR, CONSISTENTLY ENFORCE THE LAW AGAINST CAMPING AND DRUG CONSUMPTION, EVEN FIGHTING AND WINNING A LAWSUIT AGAINST THE AMERICAN CIVIL LIBERTIES UNION, WHICH HAD ATTEMPTED TO HAMSTRING ENFORCEMENT EFFORTS.

CARLSBAD CAN BLAZE THE TRAIL OF LEADERSHIP TO OUR LOCAL COMMUNITIES IN NOT ONLY MAKING OUR TOWNS SAFER, MORE PROSPEROUS, BUT WE CAN DEMONSTRATE TRUE COMPASSION FOR HOMELESS INDIVIDUALS BY COLLABORATING AS A COMMUNITY TO RAISE THEM UP OUT OF ADDICTION POVERTY.

OUR NEXT SPEAKER IS TRACY CARMICHAEL AT 9751, WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON MAYOR HALL, COUNCIL MEMBERS, STAFF AND CARLSBAD RESIDENTS.

I'M A CARLSBAD HOMEOWNER OF 34 YEARS.

MY NAME IS TRACEY CARMICHAEL.

AGENDA ITEM NUMBER FIVE IS THE INTRODUCTION OF THE ORDINANCE TO AMEND THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATING TO HOMELESS AND PUBLIC SPACES.

TODAY, I'M CALLING TO LET YOU KNOW THAT I SUPPORT THE CARLSBAD POLICE OFFICERS TO HAVE THE TOOLS THAT THEY NEED TO PROTECT THE SAFETY OF OUR RESIDENTS.

HOWEVER, I AM REQUESTING THIS ITEM AND DISCUSSION BE TABLED TO THE NEXT COUNCIL MEETING DUE TO THE INADVERTENT ERROR IN THE LANGUAGE OF THE POLICY IN THE ORIGINAL AGENDA ITEM.

THE IMPORTANCE OF THE DEVELOPMENT OF A NEW PUBLIC POLICY ORGAN, IT NEEDS TO BE REFLECTIVE AND SUPPORTED BY ALL STAKEHOLDERS.

WHAT IS THE DEFINITION OF A STAKEHOLDER? ARE THOSE THE PEOPLE THAT HAVE SPECIAL INTERESTS WHO WE'VE HEARD FROM TODAY? THERE ARE MANY RESIDENTS LISTENING AND IT'S SO IMPORTANT EVERYONE IS ALLOWED A FAIR AND EQUITABLE AMOUNT OF TIME TO REVIEW ALL NEW INFORMATION AND UNDERSTAND THE UNENCUMBERED CONSEQUENCES OF NEW POLICY CHANGES.

THIS ADDITIONAL TIME WILL ALLOW FOR MORE INPUT AND OPINIONS FROM ALL STAKEHOLDERS REGARDING THE ACCOUNTABLE MEASURE OUTCOMES, SHORT AND LONG TERM IMPACTS, AND THE COMMUNITY BENEFIT TO ALL RESIDENTS AND THE CITY.

TODAY IT IS MY HOPE THAT WE CAN START TO RESTORE AND BUILD COMMUNITY TRUST BY PRACTICING RESPECTFUL, ACTIVE LISTENING AND WORKING TOGETHER, ALLOWING THIS ITEM TO BE TABLED TO THE NEXT COUNCIL MEETING.

I THANK YOU FOR YOUR TIME AND CONSIDERATION FOR THE BEST QUALITY OF LIFE OF CARLSBAD RESIDENTS.

THANK YOU.

THE NEXT SPEAKER IS CHRISTINE DAVIS AT 2121, WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON, THANK YOU, MAYOR HALL AND COUNCIL MEMBERS, MY NAME IS CHRISTINE DAVIS, I'M THE EXECUTIVE DIRECTOR OF THE CARLSBAD VILLAGE ASSOCIATION, AND I'M CALLING TODAY IN TOTAL SUPPORT OF THE PROPOSED AMENDMENTS TO TITLE EIGHT OF THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES.

FIRST, I WOULD LIKE TO THANK POLICE CHIEF MICKEY WILLIAMS, ASSISTANT POLICE CHIEF MATT MAGRO, LIEUTENANT KEVIN LEON, SERGEANT ERIC COVANTA AND OFFICER SEAN LAWTON, AND OTHERS WHO HAVE LITERALLY BEEN OUR LIFELINE IN THE VILLAGE LATELY FROM PRODUCING BUSINESS SAFETY GUIDELINES FOR OUR BUSINESS OWNERS AND THEIR STAFF.

HE WAS SPEAKING TO BUSINESSES OFTEN AT OUR REQUEST, PARTICIPATING IN RECENT WEBINARS TO MAKE US FEEL HEARD.

SO THANK YOU VERY MUCH FOR THAT.

I ALSO WANT TO MAKE IT VERY CLEAR THAT COMPASSIONATE POLICING AND RESOURCES ARE NECESSARY, AND I DON'T THINK THOSE WOULD GO OUT THE WINDOW WITH THESE AMENDMENTS.

WHAT THESE AMENDMENTS WOULD DO WOULD HELP WITH ACCOUNTABILITY FOR UNWANTED BEHAVIOR AND PROVIDE THE POLICE WITH MORE RESOURCES, IF YOU WILL, TO HELP.

I KNOW YOU'VE ALL SEEN THE CHANGES IN THE VILLAGE LATELY.

NOT NEWS TO ANYONE.

THE VILLAGE LANDSCAPE IS MUCH DIFFERENT THAN IT WAS EVEN JUST A COUPLE OF YEARS AGO.

THE REASON WHY CBA AND BUSINESS OWNERS ARE IN FAVOR OF THESE AMENDMENTS IS BECAUSE TOO OFTEN WHEN WE CALL FOR HELP, IT SEEMS THAT THE HANDS OF THE POLICE OFFICERS ARE TIED IN HOW MUCH THEY CAN HELP AND WHAT THEY CAN AND CANNOT DO.

IMAGINE HOW HARD IT IS TO DO BUSINESS AND KEEP YOUR STAFF AND CUSTOMERS FEELING SAFE

[01:10:01]

WHEN SOMEONE OUTSIDE YOUR FRONT DOOR IS YELLING OBSCENITIES ON AND ON.

BUT THIS IS THE TYPE OF BEHAVIOR THAT COULD NOT BE ADDRESSED OR RECTIFIED BY A POLICE CALL.

IMAGINE COMING TO WORK AND FINDING YOUR FRONT DOOR IMPASSABLE BECAUSE OF PEOPLE SLEEPING THERE AND NEEDING TO CALL THE HOMELESS OUTREACH TEAM FOR CLEAN UP ASSISTANCE.

CORI SHORTCUTS, A NEW PROPERTY MANAGER AT THE CARLSBAD VILLAGE FAIR SHOPPING HAS BEEN ON THE JOB FOR EIGHT WEEKS.

THEY HAVE 40 BUSINESSES THERE.

IN ITS FIRST FOUR WEEKS, HE SPENT OVER $1000, JUST REPAIRING DAMAGE CAUSED BY ONE PERSON.

HIS MAINTENANCE MANAGER LOGGED UP TO TWO HOURS PER DAY, JUST MANAGING THIS ONE PERSON.

WE FEEL THAT THESE AMENDMENTS ARE A STEP IN THE RIGHT DIRECTION.

THEY CAN HAVE IMMEDIATE IMPACT.

THE STORIES GO ON AND ON AND.

YOU KNOW, IT'S A SAD SITUATION, BUT WE FEEL THAT THIS COULD MAKE AN IMMEDIATE IMPACT.

AND THESE AMENDMENTS WOULD INCREASE THE ABILITY OF THE CARLSBAD POLICE TO ADDRESS THE ISSUES, ESPECIALLY THE CHRONIC ONES CITYWIDE, AND HELP RESTORE THE QUALITY OF LIFE DOWNTOWN.

SO THANK YOU FOR YOUR CONSIDERATION.

WE HOPE YOU ARE...

THAT INCLUDES ALL OF THE SPEAKERS, MAYOR.

OKAY, BRINGING IT BACK TO COUNCIL, QUESTIONS.

ANY QUESTIONS? MR. BLACKBURN.

OF IT, I'M ADDRESSING TO THIS TO ASSISTANT CHIEF MAGRO, BY THE WAY, CONGRATULATIONS, ASSISTANT CHIEF OF LONG, LONG, WELL-DESERVED PROMOTION.

THIS CHANGE, SOME PEOPLE WERE CONCERNED ABOUT THE LACK OF COMPASSION.

IT'S MY UNDERSTANDING, AND PLEASE HELP ME IF I'M WRONG, THAT THIS IS A TOOL FOR OFFICERS TO USE IN A VERY SMALL PERCENTAGE OF VIOLATIONS.

THIS IS GOING TO BE JUST FOR THE MOST OUTRAGEOUS SITUATIONS.

THE OFFICERS AREN'T GOING TO TAKE A ZERO TOLERANCE, GO OUT AND JUST START ISSUING CITATIONS TO EVERYBODY THEY FIND VIOLATING THIS.

THIS IS GOING TO BE RESERVED FOR THOSE WHO CONTINUE TO VIOLATE IT, EVEN AFTER THEY'VE BEEN WARNED AND ASKED TO DISCONTINUE.

AM I MY ACCURATE? YES.

COUNCIL MEMBER BLACKBURN, YOU ARE ACCURATE IN THAT.

I ALWAYS LIKE TO SAY THAT COMPASSION AND ENFORCEMENT HAVE TO BE BALANCED IN COMPARISON.

POLICE DEPARTMENT DOESN'T MEAN THAT WE'RE GOING TO IGNORE THE PROBLEM.

AND SO WHAT WE REALLY WANT IS TO HAVE THE ABILITY TO HAVE DISCRETION FOR OUR OFFICERS TO TRY TO GAIN COMPLIANCE, BUT ALSO HAVE ENFORCEMENT OPTIONS SO THAT IN THE EVENT WE DON'T, WE'RE ABLE TO TAKE CARE OF THAT PROBLEM FOR THAT BUSINESS OWNER OR THAT RESIDENT.

THANK YOU.

COMMISSIONER NORBY.

THANK YOU, MAYOR.

I HAVE SOME SOME COMMENTS, BUT I BELIEVE THIS IS THE QUESTIONS OF STAFF, SO I'LL HOLD OFF UNTIL WE GET TO COMMENTS FROM COUNCIL MEMBERS.

AND ANY OTHER QUESTIONS? UH, DR. BHAT-PATEL.

YEAH, THANK YOU.

THANKS FOR THE PRESENTATION.

AND OF COURSE, THANK YOU TO THE SPEAKERS FOR CALLING IN.

JUST A COUPLE OF QUESTIONS.

ONE IS REGARDING CLARITY ON THE SHELTER THAT WAS PROVIDED LAST YEAR TO FOLKS.

CAN YOU PLEASE PROVIDE CLARITY ON WHO WAS PROVIDING THOSE SERVICES AND WHO WAS PAYING FOR THAT? BUT OH, GO AHEAD, GO GO AHEAD, SIR, I WAS.

GO AHEAD.

SO I WAS GOING TO CALL UP HOLLY NELSON TO GO AHEAD AND ADDRESS THOSE ISSUES.

GOOD AFTERNOON COUNCIL AND THANK YOU FOR THE QUESTION, COUNCIL MEMBER BHAT-PATEL, SO LAST YEAR, THE COUNTY OF SAN DIEGO DID RUN AN AT RISK HOTEL PROGRAM IN OUR CITY FROM MARCH TO JULY, AND THEY DID CONTRACT WITH A REGIONAL TASK FORCE ON THE HOMELESS WHO DID SUBCONTRACT WITH INTERFAITH COMMUNITY SERVICES.

GREAT, THANK YOU.

AND THEN JUST TO CLARIFY, I KNOW THAT THERE ARE QUESTIONS AROUND THE DISPROPORTIONATE EFFECT AND SUCH ON FOLKS THAT ARE EXPERIENCING HOMELESSNESS.

I JUST WANT TO ASK WITH REGARDS TO THIS PARTICULAR MUNICIPAL CODE, IT IS, OF COURSE, TO ADDRESS THE QUALITY OF LIFE CONCERNS, BUT THIS WOULD BE APPLICABLE TO ANYONE THAT WOULD BE VIOLATING THESE PARTICULAR MUNICIPAL CODES, CORRECT? THAT'S CORRECT, IT WOULD APPLY TO ANYONE WHERE THE BEHAVIOR WAS OCCURRING IN VIOLATION OF THOSE ORDINANCES THAT WE HAVE.

OK.

AND JUST ANOTHER CLARIFICATION QUESTION, SO KIND OF PIGGYBACKING OFF OF WHAT MAYOR PRO TEM BLACKBURN HAD MENTIONED.

THIS IS REALLY ANOTHER TOOL TO BE ABLE TO IMPLEMENT FOR FOLKS THAT MAY BE REFUSING

[01:15:05]

HELP OR THOSE THAT HAVE CONTINUOUSLY VIOLATED A PROVISION THAT MAY BE ON OUR MUNICIPAL CODE.

YES, MARISSA, I'M SORRY, DID YOU WANT TO? NO, I WOULD AGREE WITH THAT AS WELL.

IT DOES REFERENCE IN THE STAFF REPORT THAT WHILE THESE OFFENSES ARE CHARGEABLE AS A MISDEMEANOR PURSUANT TO OUR CODE, THAT DOESN'T MEAN THAT EVERY TIME SOMEONE'S ENCOUNTERED, THEY'RE AUTOMATICALLY CHARGED WITH A MISDEMEANOR.

THERE'S A LOT OF THOUGHT AND FACTORS THAT GO INTO THAT CONSIDERATION BY BOTH THE POLICE DEPARTMENT AND THE CITY PROSECUTOR'S OFFICE.

SO IT'S DETERMINE ON A CASE BY CASE CIRCUMSTANCE WHETHER SOMEONE'S GOING TO BE CITED OR HOW THAT WILL WORK.

IN PRACTICE I HAVEN'T SEEN A CASE TODAY WHERE SOMEONE HAS NEVER BEEN CONTACTED BY THE POLICE DEPARTMENT AND THE FIRST TIME THEY'RE CONTACTED, THEY'RE CITED WITH A MISDEMEANOR.

IF I DID SEE A CASE LIKE THAT, I WOULD REJECT IT BECAUSE I KNOW IT WOULDN'T GO VERY FAR IN A COURT, SO.

GREAT.

THANK YOU.

THOSE ARE MY QUESTIONS.

ANY OTHER QUESTIONS? MS. ACOSTA, DO YOU HAVE QUESTIONS? WELL, I SUPPOSE I DO HAVE ONE QUESTION.

I'M WONDERING WHAT KINDS OF I KNOW I'VE RECEIVED A LOT OF PUBLIC COMMENT, A LOT OF EMAILS AND CONTACT FROM PEOPLE IN THE COMMUNITY ASKING FOR CLARIFICATION AROUND CLEANING UP ENCAMPMENTS, PARTICULARLY AND ABOUT BEHAVIOR, PARTICULARLY IN THE CARLSBAD VILLAGE AREA.

AND I'M WONDERING WHAT KIND OF RESPONSE MS. NELSON HAS RECEIVED IN HER PUBLIC OUTREACH MEETINGS THAT SHE'S BEEN HAVING ON HOMELESSNESS.

IF THIS IS, THIS IS SOMETHING THAT PEOPLE ARE ASKING FOR AND CONCERNED ABOUT? SO AND JUST A QUICK CLARIFYING QUESTION, DO YOU MEAN WITH THE OFFICE HOURS COUNCIL MEMBER ACOSTA OR FOR THE BUSINESS MEETINGS? AND WELL, I HAVEN'T BEEN A MEMBER OF THE SUBCOMMITTEE AND ALL OF THE PUBLIC OUTREACH MEETINGS ON HOMELESSNESS BECAUSE I KNOW YOU ARE THE STAFF MAIN STAFF PERSON FOR THOSE.

AND I'M JUST WONDERING KIND OF THE SENSE THAT YOU'VE BEEN GETTING AS OUR PERSON ON CITY STAFF FOR HOMELESS OUTREACH? SURE.

SO I BELIEVE THAT WITH THE TOWN HALLS, THIS WAS ECHOED A LOT WITH THE QUALITY OF LIFE.

THERE WAS A LOT OF CONCERNS THAT WAS ADDRESSED AROUND ENCAMPMENTS AND AROUND THE VISIBILITY, THE INCREASED VISIBILITY.

AND SO THAT THAT HAS BEEN SOMETHING THAT'S BEEN ECHOED IN A LOT OF DIFFERENT MEETINGS IN THE MORE OF THE OFFICE HOURS SETTINGS.

IT'S USUALLY A SMALLER GROUP.

SO WE USUALLY HAVE DIFFERENT REPRESENTATION AND WE USUALLY GET INTO DIFFERENT CONVERSATIONS.

SO THERE'S USUALLY KIND OF A WIDER RANGE OF PERSPECTIVES IN THERE.

BUT THERE'S DEFINITELY BEEN A LOT OF PUBLIC COMMENT RECEIVED ON OUR END IN OUR OFFICE AS WELL REGARDING THIS.

BUT ALSO WE'VE HAD PEOPLE FROM OTHER NONPROFITS AND OTHER, YOU KNOW, MEMBERS FROM OUR HOMELESS COMMUNITY ALSO TALKING ABOUT HOW THIS WOULD SIGNIFICANTLY IMPACT THEM AND THEIR ABILITY TO ADVANCE FOR HOUSING, EMPLOYMENT AS WELL AS, YOU KNOW, FOR POTENTIAL BENEFITS AS WELL.

SO THERE'S WE'VE HEARD FEEDBACK ON BOTH SIDES.

GREAT, THANK YOU.

I KNOW THAT YOU'RE THE PERSON WHO HAS FOR A WHILE NOW BEEN OUR MAIN PERSON THAT PEOPLE REACH OUT TO AND EMAIL.

SO IT'S REALLY VALUABLE TO HAVE YOUR PERSPECTIVE.

THANK YOU.

OK, I DON'T SEE ANY MORE HANDS UP, SO WE'LL GO TO COMMENTS, MR. NORBY, YOU SAID YOU HAD A COMMENT.

THANK YOU, MAYOR.

LET ME LET ME JUST START BY, FIRST OF ALL, THANKING EVERYONE WHO HAS EMAILED ME AND CONTACTED ME.

OUR STAFF HAS BEEN WORKING ON THIS FOR A VERY LONG TIME.

PAST DECISIONS BY THIS COUNCIL TO FLEX AND TO CREATE POSITIONS TO DEAL WITH THIS ISSUE AND OUR CITIZENRY AND OUR BUSINESS COMMUNITY THAT HAS DEALT WITH IT.

IT IS A VERY DIFFICULT PROBLEM.

AND SOMETIMES WE'RE FACED WITH DECISIONS THAT ARE MAYBE NOT SO GOOD AND REALLY NOT SO GOOD AND TERRIBLE, AND THERE'S JUST I WISH THERE WAS A PERFECT ANSWER AND A GREAT ANSWER THAT WE COULD SOLVE THIS ISSUE, BUT THERE'S NOT.

SO WITH THAT, I'D LIKE TO SAY THAT I HAVE SOME CONCERNS AND I WANT TO EXPRESS MY 20 PERCENT OF THE COUNCIL ON THOSE CONCERNS.

AND THE CONCERNS ARE THIS AND I'LL TRY AND LAY IT OUT THIS WAY.

RIGHT NOW, IT'S ILLEGAL TO CAMP IN CARLSBAD.

HOWEVER, ON PUBLIC SPACES.

HOWEVER, WE'RE NOT ENFORCING THAT BECAUSE OF THE MARTIN VERSUS BOISE CASE, AND WE'RE

[01:21:07]

NOT ENFORCING THAT BECAUSE OF CDC GUIDELINES SAYING PLEASE DO NOT DISRUPT ENCAMPMENTS BECAUSE OF COVID REASONS, AND BOTH OF THOSE ARE IN PLACE.

SO THE ATTEMPTED OR THE REMEDIATION THAT WE'RE ATTEMPTING TO PUT ON IS TO LEGALIZE CAMPING AND OUR MUNICIPAL CODE FROM 10 P.M.

TO 6 A.M.

THAT IS PROBLEMATIC TO ME AND IN THE CONTEXT OF DISTRICT ONE, IN FACT, CITYWIDE, IT'S PROBLEMATIC TO ME FOR TWO REASONS.

NUMBER ONE, I DON'T THINK IT SERVES OUR RESIDENTS AND OUR BUSINESS COMMUNITY THE BEST AND NUMBER TWO, I DON'T THINK IT SERVES OUR HOMELESS COMMUNITY THE BEST.

I WAS TOUCHED BY THE FIRST SPEAKER, JESSICA KRAMER, AND WHAT SHE DEALT WITH ON THE STREETS AND THE IMPACTS IT'S HAD TO HER LIFE.

I DO NOT THINK HAVING HOMELESS CAMPING IN OUR PUBLIC STREETS, SIDEWALKS AND PLACES IS THE ANSWER.

AND RIGHT NOW, WE DON'T HAVE ROOMS FOR THEM.

SO WHEN AN OFFICER OR WHEN THEY'RE APPROACHED AND WE DON'T HAVE A ROOM FOR THEM, THEY ARE ALLOWED TO CAMP, CAMPING AND WILL BECOME LEGAL FROM 10 P.M.

UNTIL 6 A.M..

I'VE ASKED STAFF TO PREPARE A COUPLE OF SLIDES WHY I THINK THIS AFFECTS DISTRICT ONE, MORE SO THAN OTHER DISTRICTS AND IF WE COULD HAVE THOSE DISPLAYED STARTING WITH THE VILLAGE AND BARRIO.

IF YOU CAN GO AHEAD AND PULL THOSE UP.

THANK YOU.

THANK YOU VERY MUCH, AND SO THIS IS KIND OF THE PRIMARILY THE VILLAGE AREA HERE NORTH OF CARLSBAD VILLAGE DRIVE, THERE WE GO, GOES A LITTLE BIT SOUTH.

BUT YOU CAN SEE THIS IS WHAT WE WOULD CALL KIND OF PRE-WORLD WAR LOT PERSONALIZATION SET UP MOSTLY BY THE RAILROADS, BUT THEY'RE VERY SMALL BLOCKS WITH VERY SMALL PARCELS.

AND ALMOST EVERY SINGLE ONE OF THE PARCEL HAS A LINE OR HAS A PUBLIC SIDEWALK.

AND SO THEY SHARE A PROPERTY LINE WITH PRIVATE PROPERTY AND PUBLIC SIDEWALK.

ABOUT 50 PERCENT OF THE SPACE IN THIS AREA IS PUBLIC SPACE, AND 50 PERCENT OF THE SPACE IS PRIVATE SPACE.

SO WHEN YOU SEE THE HEAT MAP OF WHERE THE ISSUE IS GOING ON IN THAT BIG YELLOW CIRCLE WHERE MOST OF OUR CALLS ARE COMING FROM, THIS IS THE PRIMARY REASON WHY.

YOU KNOW, I NOTE THAT THE ORDINANCE SAYS OBSTRUCTION OF A SIDEWALK IN A LOT OF AREAS MOST AREAS IN CARLSBAD THE SIDEWALK INTO THE PUBLIC SIDEWALK IS FIVE FEET WIDE, AND SO IF A PERSON IS SLEEPING ON THAT SIDEWALK, THAT PERSON IS OBSTRUCTING THE SIDEWALK.

BUT IN THESE AREAS, WE OFTEN HAVE SIDEWALKS THAT ARE EIGHT FEET OR 12 FEET WIDE ON MANY OF OUR STREETS.

AND WE HAVE IN THE PAST THAT IT'S OK TO OBSTRUCT.

IT'S OK TO OBSTRUCT WITH, YOU KNOW, OUTDOOR DINING FACILITY, A PIECE OF FURNITURE, AN A-FRAME SIGN, WHATEVER THE CASE MAY BE.

BUT IT IS POSSIBLE, OR IT IS HIGHLY PROBABLE THAT A PERSON CAN, CAN SLEEP OR CAMP IN THIS AREA WITHOUT OBSTRUCTING THE SIDEWALK.

AND IF YOU COULD GO TO, SO THIS IS JUST A PICTURE OF A LOT PARCELIZATION OF DOWNTOWN CARLSBAD.

IF YOU GO TO THE NEXT EXHIBIT, THERE'S THREE OR FOUR.

SO THIS IS POST WORLD WAR TWO OR POST INTERSTATE CONSTRUCTION WITH A LOT PARCELIZATION GETS TO BE A LOT BIGGER.

THERE IS TYPICALLY A PERIMETER SIDEWALK ON PUBLIC PROPERTY THAT'S FIVE FEET LONG, BUT ONCE YOU GO THROUGH THAT DRIVEWAY APRON, YOU ARE ON PRIVATE PROPERTY.

AND THESE PROPERTIES WILL HAVE THE ABILITY TO MAINTAIN A PROHIBITION AGAINST CAMPING.

NEXT SLIDE.

THIS IS SIMILAR, THIS IS THE FORUM, IT'S ALL ON PRIVATE PROPERTY AND THE PRIVATE PROPERTY OWNERS, SO THE SAME STOREFRONT HAS A SIDEWALK IN FRONT OF IT, BUT IT'S A PRIVATE SIDEWALK, IT'S NOT A PUBLIC SIDEWALK.

NEXT SLIDE.

AND THEN THIS IS THE PLAZA PASEO REAL, WHICH IS VERY, VERY SIMILAR.

AND SO THAT CONCLUDES, I JUST WANTED TO SHOW COUNCIL THAT WE HAVE THIS KIND OF PREWAR DEVELOPMENT PATTERN OLD SCHOOL DEVELOPMENT.

PATTERN ONE IS A MUCH MORE SHARED PUBLIC PRIVATE SPACE, AND THAT'S WHY ALL OF THESE ISSUES ARE GOING ON.

SO IF I TAKE A LOOK AT MY OPTIONS JUST AS A PERSON, SOLVING THE HOMELESS PROBLEM BY ALLOWING OUR HOMELESS TO CAMP WOULD BE MY LAST ALTERNATIVE.

IT IS NOT A SOLUTION, IN MY OPINION.

IT'S NOT A GOOD SOLUTION FOR OUR COMMUNITIES OR OUR HOMELESS POPULATION.

WE'RE GOING TO BE DEALING WITH ISSUES OF HUMAN WASTE.

WE'RE GOING TO BE DEALING WITH ISSUES OF TRASH.

YOU KNOW, MUCH OF OUR COMMUNITY GETS UP BEFORE SIX O'CLOCK AND EXERCISES, INCLUDING MY WIFE AND CARLSBAD, DOESN'T GO TO BED AT 10:00.

IT IS AN 18 HOUR COMMUNITY IN THE DOWNTOWN AREA.

SO I WOULD I WOULD ASK MY COLLEAGUES TO CONSIDER THAT WE ASKED OUR STAFF OPTION NUMBER TWO TO BRING BACK THE REMAINDER OF THE ORDINANCE, I DON'T HAVE ANY ISSUES WITH.

IT'S JUST 8.36 IN TERMS OF THE CAMPING MAKING CAMPING LEGAL BETWEEN 10 TIL 6.

I WOULD ASK THAT WE ASK OUR STAFF TO BRING THE ORDINANCE BACK SO WE CAN APPROVE EVERYTHING ELSE IF WE CAN DO THAT TONIGHT.

THAT IS GREAT AND THAT WE CONTINUE TO WORK ON SOLUTIONS THAT ARE BETTER

[01:25:02]

FOR OUR COMMUNITY AND OUR BETTER FOR OUR HOMELESS POPULATION.

AND I KNOW THAT THOSE SOLUTIONS ARE GOING TO BE IN DISTRICT ONE BECAUSE IT IS WHERE THE ISSUE IS.

BUT AGAIN, JUST MY 20 PERCENT, I WOULD RATHER HAVE A SHELTER.

I WOULD RATHER HAVE MOTEL VOUCHER.

I WOULD RATHER HAVE THE ACCESS TO HYGIENE.

I'D RATHER HAVE SECURITY.

I'D RATHER HAVE SOME SORT OF A TENT OR SHELTER AS OPPOSED TO SAYING, WE'RE GOING TO PUT THEM ON THE STREETS, LET THEM SLEEP ON THE STREETS, LET THEM IMPACT RESIDENTS AND BUSINESS OWNERS WHO HAVE CLOSE PROXIMITY TO PUBLIC PROPERTY.

AND WE'RE GOING TO DO THAT BECAUSE WE CAN'T DO THE OTHER.

THAT'S JUST NOT THE RIGHT ANSWER FOR ME.

SO THAT WOULD BE MY REMARKS, THANK YOU.

OK, WHO WOULD LIKE TO GO NEXT? MR. BLACKBURN.

WELL, WELL, MR. NORBY COMMENTS ARE FRESH, I WANTED TO ASK STAFF TO COMMENT ON SOME OF THAT.

I AGREE THAT I DON'T LIKE THE IDEA OF SAYING YES, IT'S OK TO CAMP IN PUBLIC BECAUSE OF ALL OF THE THE ISSUES MR. NORBY BROUGHT UP.

BUT I UNDERSTOOD THAT THERE'S A LOT OF LEGAL RAMIFICATIONS FOR US DOING THAT, SO I'M CURIOUS AS TO CAN WHAT MR. NORBY SAID [INAUDIBLE].

CAN YOU TALK ABOUT THAT? I'M GOING TO DEFER TO THE CITY ATTORNEY'S OFFICE ON THE LEGAL QUESTION.

SO WE CAN BRING DEPUTY CITY ATTORNEY MARISSA KAWECKI BACK, BUT I DO WANT TO JUST GENERALLY SAY THAT THE, OUR PERCEPTION OF THIS ORDINANCE IS THAT WE ARE TRYING TO GIVE MORE TOOLS THAN WE CURRENTLY HAVE FOR ENFORCEMENT TO THE POLICE DEPARTMENT, BUT WE ALSO RECOGNIZE THAT THERE'S ALTERNATIVE WAYS TO DO THIS.

SO FOR INSTANCE, NOT EVERYBODY IS ACKNOWLEDGING THE RESTRICTED HOUR CAMPING.

SOME CITIES ARE, SOME CITIES AREN'T.

OTHER CITIES ARE DOING THINGS LIKE HANDING OUT VOUCHERS SO THAT THEY CAN MAKE SURE THEY OFFER A BED BEFORE A CITATION IS ISSUED.

BECAUSE THERE'S DIFFERENT WAYS THAT WE CAN COMPLY WITH BOISE, MARTIN V.

BOISE.

WE ARE TRYING TO COME UP WITH A BALANCED APPROACH GIVEN OUR CIRCUMSTANCES CURRENTLY IN THE CITY, AND WE THINK THAT THESE WERE THE BEST TOOLS THAT WE COULD RECOMMEND TO OUR DEPARTMENT AND TO OUR COUNCIL.

WE'RE PERFECTLY HAPPY TO GO BACK AND STUDY ALTERNATIVES IF THE COUNCIL WOULD LIKE US TO.

I APPRECIATE THAT THE COUNCIL MEMBER WOULD LIKE US TO ALSO POTENTIALLY BRING BACK THE REMAINDER OF THE ITEMS WHERE THERE'S NO CONCERNS.

SO AT THIS MOMENT IN TIME, AND I WANT TO BE RESPECTFUL OF MR. NORBY IN THIS CONVERSATION, DOES ANYONE HAVE ANY OTHER CONCERNS? IF WE COULD HEAR THOSE ALSO AND THEN PERHAPS WE'LL COME BACK AND HAVE A DEEPER DISCUSSION WITH MR. NORBY OR OUR PERSONAL THOUGHTS ON WHAT HE IS SAYING, SO ARE THERE ANY OTHER CONCERNS WITH YOU ORDINANCE? MS. ACOSTA, COUNCIL MEMBER ACOSTA.

WELL, I JUST WANT TO MAKE MY COMMENTS ON THE WHOLE PACKAGE AND NOT JUST ON THAT, BECAUSE I THINK IT'S REALLY IMPORTANT, PARTICULARLY FOR THE PUBLIC TO KNOW THAT THIS IS A FOLLOW UP TO OUR OUR DISCUSSIONS THAT WE'VE ALREADY BEEN HAVING AT OUR GOAL SETTING WORKSHOP WHERE WE SAID ADDRESSING HOMELESSNESS IS ONE OF OUR TOP PRIORITIES.

WE UNDERSTAND THE COMMUNITY, OUR CITIZENS AND BUSINESS OWNERS AND OUR STAKEHOLDERS ARE CONCERNED ABOUT THE INCREASE OR THE APPARENT INCREASE IN HOMELESS IN CARLSBAD.

WE HAVE BEEN LISTENING REALLY CAREFULLY.

I KNOW WE ALL HAVE AND STAFF TOO, AND THAT'S WHY I CALLED ON MS. NELSON EARLIER BECAUSE I KNOW SHE'S BEEN BEARING THE BRUNT OF IT ON THE STAFF SIDE FOR SOME TIME UNTIL WE RECENTLY HIRED SOME HELP FOR HER.

BUT WE HAD A WHOLE PACKAGE THAT IS LISTED ON THE WEBSITE THAT ANYBODY CAN LOOK UP.

OUR HOMELESS RESPONSE WAS AUGMENTED GREATLY THIS YEAR IN MARCH, 2021 AND WE CHOSE A COMPASSIONATE APPROACH.

WE CHOSE AS A COUNCIL TO REALLY FIND WAYS TO HELP TO PARTNER WITH NONPROFIT ORGANIZATIONS, TO GIVE THEM SOME ADDITIONAL ASSISTANCE SO THAT THEY COULD HIRE MORE PEOPLE.

WE CHOSE TO GO WITH THE COUNTY.

THE COUNTY ALSO RECOGNIZES THAT THIS IS A PROBLEM.

IT'S NOT JUST IN CARLSBAD, IT'S EVERYWHERE.

SO THE COUNTY KIND OF PONIED UP SOME MONEY AND A NEW PROGRAM AS WELL, AND PARTICULARLY IN NORTH COUNTY.

SO WE'RE WORKING WITH THEM.

THERE'S A WHOLE BUNCH OF PROGRAMS THAT JUST KICKED OFF BETWEEN MARCH 2021 AND NOW, AND I KNOW THAT THERE ARE SOME MEMBERS OF THE PUBLIC WHO ARE SO FRUSTRATED THEY SEE THE PROBLEM NOT GOING AWAY, AND THEY THOUGHT THAT IT WOULD IMMEDIATELY.

BUT WE JUST LIKE GOT UP TO HIRING SOME OF THESE FOLKS THAT WE'VE BEEN TALKING ABOUT IN MARCH BECAUSE YOU DON'T JUST HIRE THEM THE NEXT DAY, YOU HAVE TO PUT OUT THE LISTING

[01:30:02]

AND VET CANDIDATES AND THEN DO SOME HIRING.

SO WE'RE STILL KIND OF GETTING THE BALL ROLLING, AND I KNOW THAT THAT IS NOT ALWAYS EASY FOR EVERYONE TO GRASP THAT WE'RE STILL SEEING RESULTS.

WE'RE STILL COLLECTING DATA.

WE DON'T KNOW WHAT THE THE RESULTS ARE OF THE THINGS WE'VE ALREADY BEEN INVESTING IN.

AS OF MARCH, WHEN WE HAD THAT COUNCIL MEETING, I BELIEVE IT'S MARCH 23, 2021 WHEN WE FINALLY PUT TOGETHER THAT PACKET.

BUT I JUST WANTED TO SHARE THAT WE HAVE TAKEN THAT COMPASSIONATE APPROACH.

I THINK IT'S REALLY IMPORTANT THAT WE CONTINUE TO EMPHASIZE THAT, THAT WE UNDERSTAND THAT THE SITUATION OF BEING HOMELESS AND UNHOUSED COMES WITH A LOT OF OTHER BAGGAGE.

THERE ARE REASONS, THERE MAY HAVE BEEN SOME MENTAL HEALTH REASONS OR ADDICTION REASONS OR POOR JOB SKILLS TO JOB OPENINGS MATCH, YOU KNOW, AND HELPING PEOPLE FIND THE RESOURCES THEY NEED TO GET THEM OUT OF THAT SITUATION, GET THEM THE JOB SKILLS TRAINING THAT THEY NEED, OR CONNECT THEM TO SOMEONE WHO CAN GET THEM ON THEIR FEET IS THE WAY THAT WE'VE CHOSEN TO GO.

WE DO SEE, HOWEVER, THAT THERE ARE ENCAMPMENTS, AND DURING COVID, THE STATE ENCOURAGED US TO EASE OFF ON REMOVING ENCAMPMENTS AND REMOVING PEOPLE FROM FROM PUBLIC PROPERTY.

PRIVATE PROPERTY OWNERS, CAN, YOU KNOW RIGHT NOW HAVE PEOPLE REMOVED? IT'S JUST THAT IT'S VERY UNCLEAR AND IT'S DIFFICULT AND TO CHANGE OUR MUNICIPAL CODE LANGUAGE SEEMS LIKE AN ARTICULATION OF, WELL, YOU COULD GET CITED.

YOU KNOW, IT ALLOWS OUR LAW ENFORCEMENT A LITTLE BIT MORE ABILITY TO GO IN THERE AND HELP ENFORCE REMOVING FOLKS WHO HAVE PITCHED A TENT ON A VACANT LOT OR NEXT TO SOMEONE'S PRIVATE PROPERTY ON THEIR SIDE OF THEIR HOUSE.

SO I THINK IT'S REALLY IMPORTANT THAT WE LOOK AT THIS AS A COMPLEMENT TO THE WORK THAT WE PREVIOUSLY ENACTED, AND I THINK THAT WE'RE STILL PURSUING A COMPASSIONATE APPROACH IN CARLSBAD.

THIS IS JUST A LITTLE BIT MORE ASSISTANCE ON THE LAW ENFORCEMENT SIDE.

OUR HOT TEAM IS HIGHLY TRAINED AND THEY DO HAVE A COMPASSIONATE APPROACH WHEN THEY ENCOUNTER HOMELESS PEOPLE.

SO THAT'S NOT CHANGING.

YOU KNOW, WE'RE NOT COMING OUT AND SAYING THAT WE'RE WE'RE GOING TO HAVE THEM BE STRICTER OR TOUGHER.

WE'RE JUST MAKING SURE THAT THEY HAVE THE TOOLS, THE LEGAL TOOLS AND THAT'S WHY WE HAD OUR CITY ATTORNEY'S OFFICE WORK SO CAREFULLY ON THIS TO MAKE SURE THAT WE'RE DOING EVERYTHING PROPERLY.

AND I HOPE THAT I'VE ARTICULATED THAT PROPERLY.

AND IF I HAVEN'T IT'S MY OWN LACK OF LEGAL KNOWLEDGE TO STATE THE WORDS PROPERLY.

BUT I KNOW THAT OUR CITY ATTORNEY'S OFFICE RESEARCH THIS VERY CAREFULLY.

SO I, JUST WANTED TO RESPOND TO SOME OF THE PUBLIC COMMENT THAT WE RECEIVED THAT WAS CONCERNED THAT WE'RE CHANGING DIRECTION, WE'RE NOT AND WE'RE STILL PURSUING THIS COMPASSIONATE APPROACH.

IT'S JUST THESE ARE SOME ADDITIONAL TOOLS WE CAN GIVE OUR LAW ENFORCEMENT OFFICERS, WHEN THEY ENCOUNTER PROBLEMATIC CONDUCT THAT I WROTE THAT DOWN, BUT THAT WAS SOMETHING THAT OUR CITY ATTORNEY, ASSISTANT CITY ATTORNEY MENTIONED EARLIER, A PHRASE THAT REALLY DESCRIBES WHAT IT IS THAT WE'RE TRYING TO GET AT IS WHEN PEOPLE ARE REFUSING, IF WE'RE DIRECTING THEM TO SHELTER OR TRYING TO GIVE THAT COMPASSIONATE APPROACH AND THEY'RE REFUSING.

WE HAVE SOME TOOLS THAT WE CAN GIVE OUR LAW ENFORCEMENT OFFICERS.

SO I DEFINITELY AM LISTENING CAREFULLY TO COUNCIL MEMBER NORBY.

I KNOW I'VE SEEN THAT HEAT MAP AND I WANT I WANT TO KEEP THOSE SLIDES FROM THAT PRESENTATION THAT ASSISTANT CHIEF MAGRO MADE BECAUSE THAT HEAT MAP WAS REALLY TELLING.

AND FOR THE CALLS FOR SERVICE FOR HOMELESS CONTACTS.

SO I KNOW THEY'RE MOSTLY IN D 1, THEY ARE EVERYWHERE, BUT THEY'RE MOSTLY IN D 1, AND I REALLY WANT TO LISTEN TO YOU AND MAKE SURE THAT WE'RE HELPING YOU AND YOUR RESIDENTS AS WELL AND BUSINESS OWNERS AS WELL.

DR. BHAT-PATEL.

YES, THANK YOU.

I TOO, JUST WANT TO SAY THAT I'VE BEEN RECEIVING QUITE A BIT OF COMMUNICATION ABOUT THIS SUBJECT MATTER, OF COURSE, LIKE ALL OF US HAVE BEEN.

I WANT TO OBVIOUSLY FIRST THANK OUR STAFF AND OUR MY COLLEAGUES FOR TAKING THE TIME TO RESPOND TO FOLKS THAT DO OUTREACH AND OF COURSE, MAKING SURE THAT WE'RE TAKING THAT BLENDED APPROACH OF REALLY BEING AS COMPASSIONATE AS WE CAN BE, BUT ALSO TRYING TO FIGURE OUT HOW WE CAN ADDRESS SOME OF THESE MORE DIFFICULT ISSUES.

AND I THINK THAT'S THE PIECE FOR ME WHERE THIS SPEAKS TO ME, GIVEN THE AMOUNT OF COMMUNICATION WE'VE RECEIVED FROM FOLKS THAT ARE LIVING IN AND AROUND THE AREAS THAT ARE SPECIFICALLY AFFECTED, THAT THEY WOULD LIKE TO SEE SOMETHING MORE FROM THEIR COUNCIL AND FROM THEIR CITY STAFF.

AND SO I THINK THIS IS SOMETHING THAT REALLY SPEAKS TO THAT.

I DO ALSO WANT TO SAY THAT FOR ME, I'VE BEEN DEFINITELY AWARE AND HAVE MADE AN OPPORTUNITY TO, OF COURSE, TALK TO FOLKS THAT ARE CONCERNED AND AT THE SAME TIME HAVE HAD THE

[01:35:03]

OPPORTUNITY TO BE PART OF A COUPLE OF CONVERSATIONS WITH A LARGER GROUP OF PEOPLE WHERE WE'VE HAD THE OPPORTUNITY TO REALLY SHARE, WHAT DOES IT LOOK LIKE TO ENSURE THAT WE'RE MOVING FORWARD IN A DIRECTION THAT NOT ONLY ALLOWS FOR FOLKS TO FEEL SAFE, BUT THEIR CHILDREN TO FEEL SAFE WHEN THEY'RE GOING OUT AND ABOUT? AND SO I THINK DEFINITELY I WANT TO ECHO THE SENTIMENTS THAT COUNCIL MEMBER ACOSTA SHARED, WHICH IS THAT WE ARE STILL MOVING FORWARD IN A COMPASSIONATE MANNER.

I THINK THAT WE HAVE SO MANY DIFFERENT OPTIONS THAT WE'VE DEFINITELY PUT FORWARD FOR OUR TEAM TO MAKE SURE THAT AS WE MOVE FORWARD, WE'RE DOING SO IN A WAY THAT IS ADDRESSING HOMELESSNESS IN A COMPREHENSIVE MANNER.

AND THEN HERE WE'RE JUST ADDING COUNCIL MEMBER ACOSTA MENTIONED JUST ANOTHER TOOL TO THE TOOLBOX FOR OUR PUBLIC SAFETY PERSONNEL TO ENSURE THAT AS WE COME ACROSS ANY ISSUES THAT WE DO HAVE THE ABILITY TO BE ABLE TO EFFECTIVELY ADDRESS THEM.

AND SO THIS JUST IMPROVES OUR EFFICIENCY JUST REALLY ALLOWS FOR OUR HOPEFULLY OUR COMMUNITY TO FEEL A BIT MORE SAFE AND AT THE SAME TIME ENSURES THAT WE ARE DOING WHAT WE CAN TO ADDRESS THIS ISSUE IN A HOLISTIC MANNER BECAUSE IT ISN'T A ONE SIZE FITS ALL APPROACH, AS IT SOMETIMES SEEMS TO BE FOR A LOT OF PEOPLE.

IT REALLY IS A REALLY DIFFICULT CONVERSATION FOR EVERYONE ACROSS THE UNITED STATES.

IT'S NOT JUST HERE, IT'S LITERALLY ACROSS THE UNITED STATES AND THEN, OF COURSE, HERE IN THE STATE OF CALIFORNIA.

AND I DO THINK THAT BEING ABLE TO PROVIDE OUR CITY STAFF, ESPECIALLY OUR FOLKS THAT ARE GOING OUT AND INTERACTING WITH OUR TEAM OF INDIVIDUALS, MAKING SURE THAT THEY HAVE THE ABILITY TO REALLY DO SO IN A WAY THAT'S COMPREHENSIVE.

SO AND COUNCIL MEMBER NORBY I JUST WANT TO ADDRESS ALSO THAT I WOULD LOVE TO BE ABLE TO HEAR A LITTLE BIT MORE ABOUT SOME OF THE THOUGHTS THAT YOU HAVE.

AND LIKE COUNCIL MEMBER, ACOSTA SAID, WOULD WANT TO MAKE SURE THAT YOUR CONSTITUENCY IS REPRESENTED IN THE BEST WAY POSSIBLE, THANKS.

MR. BLACKBURN, ANY OTHER THOUGHTS COMMENTS? YEAH, AS MY CLOSING COMMENT, I COMPLETELY AGREE WITH MR. NORBY.

BUT WITH THAT SAID, I DON'T WANT TO DELAY ANY PART OF THIS ORDINANCE.

I WANT TO GET THE ORDINANCE THROUGH RIGHT AWAY.

BUT WITH IF MR. NORBY WANTS TO MAKE THE MOTION, I WOULD SECOND IT TO BRING BACK ANY CHANGES OR ENHANCEMENTS TO THE ORDINANCE THAT THE MAJORITY OF THIS COUNCIL MIGHT SEE FIT AT A FUTURE MEETING.

JUST SO I HAVE CLARITY ON WHAT YOU JUST SAID, MR. BLACKBURN, YOU'RE GOING TO INCLUDE THE CAMPING ORDINANCE AT THIS MOMENT OR YOU'RE WANTING TO EXCLUDE THAT AND BRING IT BACK AT A LATER DATE AND APPROVE EVERYTHING ELSE.

I WANT TO APPROVE EVERYTHING, INCLUDING THE CAMPING ORDINANCE.

BUT IF MR. NORBY WOULD LIKE TO MAKE A SECOND TO BRING BACK ENHANCEMENTS OR ANY CHANGES TO THAT POLICY, I WOULD BE WILLING TO SECOND THAT.

BUT I DON'T WANT TO DELAY ANY PART OF THE CURRENT PROPOSED MUNICIPAL CODE CHANGES.

BUT I WOULD ENTERTAIN THE IDEA OF ENHANCING IT AT A LATER COUNCIL MEETING.

SO I THINK WHAT THE, JUST A SECOND PETER, LET ME GET A THOUGHT IN HERE, YOU KNOW, IT SOUNDS TO ME, WE'RE ALL IN CONCURRENCE, WE JUST HAVE QUESTIONS IN AND AROUND WHAT MR. NORBY WAS SUGGESTING.

YOU KNOW, MY THOUGHTS AND THEN I'LL LET PETER TALK IS THAT WE APPROVE EVERYTHING EXCEPT THE CAMPING ORDINANCE.

YOU KNOW, WHY TAKE SOMETHING THAT ALREADY SAYS NO CAMPING AND SAYS, NOW YOU CAN CAMP? I THINK THAT NEEDS TO.

THAT PIECE NEEDS TO GO BACK AND HAVE STAFF COME BACK WITH OTHER OPTIONS WOULD BE MY THOUGHT.

THAT, TO ME, KEEPS IT CLEANER THAN PUTTING AN ORDINANCE IN PLACE AND THEN COMING BACK AT A LATER DATE AND REVERSING SOMETHING YOU'VE JUST DONE IN A MONTH OR SO, PREVIOUS TO THAT.

BUT, MR. NORBY, YOUR THOUGHTS? YEAH, THANK YOU, MR. MAYOR.

THE REASON THAT THIS IS BEFORE YOU TO CHANGE THE ORDINANCE TO ALLOW CAMPING BETWEEN 10 P.M.

AND SIX A.M.

IS BECAUSE WE HAVE NO OTHER RESOURCES.

IF WE HAVE OTHER RESOURCES, IF WE HAD A SHELTER, IF WE HAD A PROGRAM LIKE WE HAD BEFORE WITH THE INTERFAITH COUNCIL, WE HAVE HOTEL VOUCHERS OR IF WE HAD A BED SOMEWHERE, WE WOULD NOT HAVE TO ADOPT THIS ORDINANCE.

THIS WOULD NOT BE NECESSARY AND WE COULD ENFORCE OUR CAMPING ORDINANCES.

BUT IT'S BECAUSE WE DON'T AND WE ARE AS A BODY SUGGESTING THAT WE ADOPT THIS AS OUR SOLUTION, AT LEAST TEMPORARILY.

I APPRECIATE MR. BLACKBURN COMMENT COMMENTS, BUT I DO NOT WANT TO APPROVE CAMPING AS A LEGAL USE IN OUR MUNICIPAL CODE BETWEEN 10 P.M.

AND SIX A.M..

I WOULD RATHER, YOU KNOW, I GUESS I'LL IF WE'RE IN AN EMERGENCY SITUATION AND THE JUDGE IS TELLING ME THAT WE HAVE TO DO THAT, OF COURSE, I'M GOING TO FOLLOW THAT.

[01:40:01]

I'M ALSO GOING TO FOLLOW WHAT THE MAJORITY OF THIS COUNCIL WANTS.

BUT FROM MY 20 PERCENT, I DON'T WANT TO HANDLE A HOMELESS PERSON BY PROVIDING AN ANSWER, EVEN TEMPORARILY, THAT SAYS OUR ANSWER IS YOU GET TO SLEEP ON THE STREET OR A SIDEWALK YOU KNOW, AND I'M JUST THINKING ABOUT OUR SPACES OUR RAIL TRAIL BETWEEN HOPE AND TAMARACK OR UPPER BLUFF WALKWAY, OUR STREETS WITH SIDEWALKS THAT ARE WIDE.

AND I DON'T WANT THAT TO BE A SOLUTION, AND SO I WOULD RATHER NOT TO HAVE THIS ORDINANCE COME BACK WITHOUT THAT CAMPING SECTION IN IT AND THEN WORK ON THAT TO FIND A BETTER SOLUTION.

DR.

BHAT-PATEL.

SURE, JUST A COUPLE OF QUESTIONS FOR CLARITY.

SO AND THIS IS JUST WITH REGARDS TO WHAT WHAT WE'RE DISCUSSING HERE RIGHT NOW.

SO ONE WOULD BE WITH THE I KNOW THERE WAS A DURING THIS CONVERSATION, THERE WAS A CLAIM MADE THAT CURRENTLY WE HAVE ON THE BOOKS SOMETHING THAT DOES NOT ALLOW CAMPING, IS THAT ACCURATE? IT IS, WE CURRENTLY HAVE AN ORDINANCE THAT ADDRESSES CAMPING.

OK, AND WHAT THIS WOULD BE DOING WOULD BE AMENDING THAT AND ALLOWING CAMPING FROM A CERTAIN TIME FRAME.

AND THIS WOULD ALSO BE, AND I REALLY WANT TO DEFER TO THE CITY ATTORNEY ON THIS, BUT THIS IS THE REASON THAT WE'RE DOING THIS IS BECAUSE OF BOISE AND BECAUSE THE FACT THAT WE DO NOT HAVE THE ADEQUATE NUMBER OF BEDS IS THAT CORRECT? THAT'S CORRECT CITY MANAGER, AND IT WOULD BE ESSENTIALLY IT'S CODIFYING OUR CURRENT POLICY, SO OUR CURRENT POLICY WE ARE WE ARE NOT ENFORCING CAPPING DURING EVENING HOURS.

THE POLICE DEPARTMENT HAS NOT BEEN DOING THAT BECAUSE IF THEY WERE, THEY WOULD BE VIOLATING MARTIN VERSUS BOISE.

SO WE'RE CODIFYING EXISTING POLICY.

THAT'S THE PROPOSAL.

OK, AND THEN JUST BRIEFLY, SO A COUPLE OF DIFFERENT POINTS.

ONE OTHER PIECES WE ARE OFFERING A BED BEFORE ENFORCEMENT, IS THAT CORRECT? THAT'S WHAT I THOUGHT I READ.

IF AVAILABLE, BUT THE ORDINANCE DOESN'T REQUIRE THAT A BED BE OFFERED AND AVAILABLE, WHEREAS SOME CITIES SUCH AS OCEANSIDE DO REQUIRE THAT, HENCE THEY'RE ALLOWED TO ENFORCE THEIR NO CAMPING ORDINANCE AT ALL TIMES AND IN ALL LOCATIONS OF THE CITY.

OK.

SO OURS IT'S MORE, I WOULD SAY, ASPIRATIONAL IN NATURE AND THAT WE WILL OFFER SERVICES AND OFFER A BED IF AVAILABLE, BUT IF NOT AVAILABLE, WE STILL DO HAVE THE OPTION TO SITE BECAUSE WE WERE OFFERING ALTERNATIVE SLEEPING ARRANGEMENTS, SO TO SPEAK, DURING THE EVENING HOURS.

SO LET ME ASK THE QUESTION DIFFERENTLY.

IF I REFUSE TO TAKE YOUR BED, I CAN STILL CAMP BETWEEN 10 AND 6 IN THE MORNING.

NO, IF WE OFFER A BED AND AN AVAILABLE BED AND YOU REFUSE, YOU CAN BE SITED BETWEEN 10 P.M.

AND 6 A.M..

OK.

AND THEN WE ARE GOING TO HAVE A COMPREHENSIVE DISCUSSION REGARDING THE OPTIONS THAT WERE PRESENTED FOR THE CITY COUNCIL ON THE 28TH REGARDING HOMELESS SERVICES.

UH, NOT A COMPREHENSIVE WHAT WE'LL BE DOING IS WE'LL BE COMING BACK FOR AN UPDATE ON THE HOTEL VOUCHER PROGRAM AND THAT IS CURRENTLY SLATED FOR DISCUSSION ON SEPTEMBER 28.

OK, YEAH, I WAS JUST TRYING TO FIGURE OUT WHEN WOULD BE A GOOD TIME BECAUSE SO I HEAR YOU, COUNCIL MEMBER NORBY, I DO AGREE THAT WE NEED TO ADDRESS IT IN A MORE COMPREHENSIVE MANNER.

AND THEN MAYOR PRO TEM BLACKBURN, I HEAR YOU, WHERE WE'RE TRYING TO FIGURE OUT HOW WE CAN ADDRESS THIS AND MAKE SURE OUR TEAM, SINCE WE'RE ALREADY ENACTING AND ACTING ON ON THIS PARTICULAR PIECE OF MUNICIPAL CODE, JUST MAKING SURE WE'RE CODIFYING IT IS WHAT WAS SAID.

SO I GUESS, YOU KNOW, BASED ON THE TIMELINE, I JUST WANTED TO ASK MR. CHADWICK, WOULD IT BE POSSIBLE FOR US TO HAVE THE CONVERSATION AROUND THAT ASPECT OF THE THE MUNICIPAL CODE DURING THE PIECE THAT WE HAVE THE HOTEL VOUCHER BEING BROUGHT BACK TO US? WOULD IT, COULD WE HAVE THE CONVERSATION THAT DAY SINCE WE'RE TALKING ABOUT HOMELESSNESS JUST SO IT'S AT A I KNOW IT'S IN TWO WEEKS, BUT I JUST WANTED TO ASK, SINCE I KNOW THERE SEEMS TO BE A SENSE OF URGENCY AROUND MAKING SURE WE CAN ADDRESS THIS.

WHATEVER PLEASES COUNCIL AND IF COUNCIL WOULD LIKE THIS ITEM TABLED AND WE COULD END UP HAVING A DISCUSSION ON THE 28TH, [INAUDIBLE] CERTAINLY MADE THAT REQUEST.

[01:45:01]

WE WERE BRINGING THIS FORWARD BASED OFF OF INPUT THAT WE HAVE RECEIVED FROM THE COMMUNITY.

WE ARE SENSITIVE TO COUNCIL MEMBERS WISHES, THOUGH, AND AGAIN, WE JUST WANT TO DO WHAT'S IN THE BEST INTEREST OF THE CITY AND FOLLOW YOUR DIRECTION.

OK, ALL RIGHT, SO LET ME JUST SUGGEST SOMETHING AND, YOU KNOW, IF YOU ALL WANT TO CHIME IN BECAUSE IT SOUNDS LIKE THERE'S SOME APPETITE AROUND THIS, BUT THE SUGGESTION IS JUST THAT WE COULD MOVE FORWARD WITH THE OTHER PARTS OF THE ORDINANCE.

MAYBE HAVE A CONVERSATION AROUND THE CAMPING ON PUBLIC PROPERTY, WHICH IS AMENDING CHAPTER 8.36 ON THE 28TH FOR THE TIME CERTAIN.

IF YOU ALL ARE OPEN TO THAT...SECOND.

AND WE CAN HAVE A MORE COMPREHENSIVE CONVERSATION, AND I THINK ALL OF US WILL HAVE THE OPPORTUNITY TO LOOK INTO IT A BIT MORE.

I'D SECOND THAT MOTION, MR. BLACKBURN, I JUST WANT TO BE SURE, 100 PERCENT THAT I UNDERSTAND THIS.

SO MS. KAWECKI, COULD YOU PLEASE EXPLAIN IT IN VERY SIMPLE TERMS AND LET ME TELL YOU HOW I INTERPRET IT, AND I COULD VERY WELL BE WRONG.

RIGHT NOW, WE HAVE A CAMPING ORDINANCE THAT WE CANNOT ENFORCE.

THIS ORDINANCE IS SAYING THAT IT WILL ALLOW US TO ENFORCE DAYTIME CAMPING, BUT NIGHTTIME CAMPING UNDER ONLY CERTAIN CIRCUMSTANCES.

IF WE DO NOTHING, THEN ARE WE STILL ABLE TO ENFORCE DAYTIME CAMPING? IF WE TABLE THIS ONE CAMPING ITEM, I GOT THE IMPRESSION IT WAS A LITTLE BIT DIFFERENT THAN THAT, SO PLEASE HELP ME.

WE ARE ABLE TO ENFORCE IT UNDER POLICE POLICY.

WE'RE JUST BASICALLY NOT ENFORCING OUR ORDINANCE AS WRITTEN, SO OUR ORDINANCE SAYS WE CAN ENFORCE AT ALL TIMES OF DAY, AND WE'RE JUST CHOOSING NOT TO ENFORCE AT ALL TIMES OF DAY UNDER POLICIES.

WE'RE ALSO NOT ENFORCING VEHICLE HABITATION, WHICH IS ALLOWED UNDER OUR CURRENT CAMPING ORDINANCE, AND THAT'S TO COMPLY WITH THE LAW, I JUST WANT TO MAKE IT CLEAR THAT SO THE LAW, IF WE GO CAMPING TOPIC, DOES THAT PREVENT ANY KIND OF ENFORCEMENT BETWEEN NOW AND WHEN WE MAY VOTE ON THAT IN THE FUTURE? NO.

OK, THEN I HAD A MISUNDERSTANDING OF IT, AND I'M GOING TO CHANGE MY POSITION, I THOUGHT DIFFERENTLY.

AND IT WAS MY MISTAKE, SO I WILL SUPPORT TABLING THE CAMPING PORTION AND VOTING ON ALL THE REST.

WHAT I WOULD NEED FROM THE COUNCIL IN ORDER TO ACCOMPLISH THAT IS ACTUALLY A MOTION TO BRING BACK THE THE ITEM FOR INTRODUCTION AT A SUBSEQUENT MEETING.

AND I SAY THAT BECAUSE THIS IS A DIFFICULT IF YOU WANT TO CHANGE THAT SECTION CHAPTER 8 .

36 I BELIEVE IT IS, WE [INAUDIBLE] SOME ITEMS IN IT, INCLUDING THE PROHIBITION OF FIRES AND COOKING AND THE UNATTENDED PERSONAL PROPERTY AND STORAGE OF PROPERTY.

SO IF YOU WANT TO RETAIN THOSE, WE NEED TO GO AND JUST REWRITE AND CLEAN UP THIS ORDINANCE AND REMOVE ONLY THE CAMPING RESTRICTIONS, IF THAT'S THE DIRECTION.

OR DO YOU WANT TO EXCLUDE THAT ENTIRE SECTION? YOU NEED TO GIVE US DIRECTION IN THE FORM OF EMOTION, AND WE'LL BRING IT FORWARD TO YOU AT THE NEXT MEETING.

CAN I JUST CLARIFY ONE THING THE THE UNLAWFUL CAMPING ON PUBLIC PROPERTY THAT'S IN SUBSECTION 8.36.03A.

AND THEN AFTER THAT, SUBSECTION B COVERS PRIVATE PROPERTY C TALKS ABOUT KIND OF THE EXCEPTION AND THEN 040 050 COVER FIRE COOKING STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.

SO THERE'S MORE.

IT APPEARS FROM YOUR DISCUSSION, THERE'S ONE SUBSECTION THAT IS OF CONCERN.

SO I UNDERSTAND IT.

IT WOULD BE 3.8.36.1 IS WHAT WE'RE SPEAKING DIRECTLY TO CORRECT.

COUNCILMAN.

WELL, BECAUSE EACH ONE SPELLED OUT SEPARATELY AS YOU GO DOWN THE PAGE.

THAT'S CORRECT.

I BELIEVE IT'S 603081 YEAH.

OK, BUT JUST THAT ONE PIECE, WE'RE NOT TALKING ABOUT THE REST OF IT.

IT'S JUST THAT ONE SUBSET OR SUBSECTION.

SO I UNDERSTAND THAT TO MEAN THAT YOU WOULD LIKE US TO DELETE FROM THIS, FROM THE NEXT ORDINANCE THAT WE'RE GOING TO INTRODUCE ONLY THE SECTIONS THAT HAVE TO DO WITH CAMPING AND NOT THE SECTIONS THAT HAVE TO DO WITH FIRES OR STORAGE OF PROPERTY.

CORRECT.

OK, AS LONG AS THE MOTION REFLECTS THAT, THAT'S WHAT WE'LL BRING BACK TO YOU AT YOUR NEXT MEETING.

AND TO CLARIFY, WAS THERE EMOTION, I THOUGHT THAT COUNCIL MEMBER BHAT-PATEL WAS.

I'LL MAKE THAT MOTION, YES.

YEAH, I'LL MAKE THAT MOTION.

[01:50:01]

AND I SECOND IT.

CLERK, PLEASE CALL ROLL.

COUNCIL MEMBER NORBY, AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL AYE, MAYOR PRO TEM BLACKBURN AYE, MAYOR HALL, AYE .

SO THIS ITEM PASSES UNANIMOUSLY.

AND IS THERE A TIME CERTAIN AS TO WHEN THIS COMES BACK THEN? THE PLAN BASED OFF WHAT I BELIEVE, COUNCIL JUST DIRECTED, WE WOULD RETURN THIS ON THE 28TH WITH THE DISCUSSION ABOUT THE HOUSING VOUCHER OR THE HOTEL VOUCHER UPDATE.

OK, JUST SO WE'RE CLEAR ON THAT DATE.

OK, GOOD ENOUGH.

SO IT IS 10 TO FIVE, LET'S TAKE A 10 MINUTE BREAK AND THEN WE'LL COME BACK TO THE NEXT AGENDA ITEM.

TO AMEND THE CARLSBAD MUNICIPAL CODE CHAPTER 10.44, TO ESTABLISH A FORTY

[6. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 10.44 TO ESTABLISH A 45 MPH SPEED LIMIT ON POINSETTIA LANE FROM CASSIA ROAD TO EL CAMINO REAL]

FIVE MILE AN HOUR SPEED LIMIT ON POINSETTIA AIR FROM CASSIA ROAD TO EL CAMINO REAL, SO MR. CHADWICK INTRODUCTIONS.

THANK YOU SIR, MAKING OUR PRESENTATION TODAY IS OUR CITY TRAFFIC ENGINEER, MR. JOHN KIM.

THANK YOU, CITY MANAGER, DOES THE CITY COUNCIL HAVE ANY SPECIFIC QUESTIONS, OR WOULD YOU LIKE TO SEE A PRESENTATION ON THE SUBJECT? I'M PERSONALLY GOOD TO GO.

ANYBODY WANT TO SEE A PRESENTATION? PLEASE RAISE YOUR HAND.

I DON'T SEE ANY HANDS BEING RAISED, SO THAT PROBABLY TAKES IT TO THE CITY ATTORNEY FOR INTRODUCING THE ORDINANCE.

THANK YOU, THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10 CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE, SECTION 10.44.360 TO ESTABLISH A FORTY FIVE MILE PER HOUR SPEED LIMIT UPON POINSETTIA LANE, FROM CASCIO ROAD TO EL CAMINO REAL.

MOVE INTRODUCTION TO THE ORDINANCE CONTAINED IN AGENDA ITEM NUMBER SIX.

SECOND.

MR. KIM, THAT'S ONE OF THE BEST PRESENTATIONS YOU'VE EVER MADE.

PLEASE CALL ROLL.

AND I WOULD JUST LIKE TO SAY THAT THERE IS NO PUBLIC COMMENT ON THIS ITEM.

COUNCIL MEMBER NORBY, AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE, MAYOR PRO TEM BLACKBURN AYE, MAYOR HALL, AYE..

THIS ITEM PASSES UNANIMOUSLY.

WELL DONE.

[7. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 6.16 – NUISANCES]

MOVING ON TO ITEM SEVEN ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE, CHAPTER 6 .

16, NUISANCES, MR. CHADWICK INTRODUCTIONS? YES SIR, MAKING TODAY'S PRESENTATION WILL BE OUR DEPUTY CITY ATTORNEY, MARISSA KAWECKI.

OH, I'M TRYING TO START MY VIDEO, I'M SORRY, IT'S NOT ALLOWING.

SORRY, MADAM CLERK, THE ZOOM IS INDICATING I CANNOT START MY VIDEO BECAUSE THE HOST HAS STOPPED IT.

BRUCE, I THINK THIS ITEM IS SUCH THAT YOU CAN MAKE AN ORAL PRESENTATION AND ANSWER QUESTIONS.

NO PROBLEM.

SIMILARLY TO MR. KIM, ARE THERE ANY QUESTIONS REGARDING THIS ITEM OR WOULD YOU LIKE A PRESENTATION? I'M PERSONALLY GOOD, DOES SOMEBODY WANT A PRESENTATION? IF SO, PLEASE RAISE YOUR HAND.

NOT SEEING ANY HANDS RAISED, DO WE HAVE SPEAKERS ON THE SIDE OF.

WE DO HAVE ONE SPEAKER, JESSICA CRAMER, AT 6858.

THE CALLER IS NOT ON THE LINE.

THAT CONCLUDES OUR SPEAKERS, MAYOR.

OK.

AND WITH THAT, CAN WE HAVE A MOTION THEN? DOES THAT NEED TO BE INTRODUCED? YES, YES.

[INAUDIBLE] THE ORDINANCE? THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE SIX, CHAPTER 6.16 OF THE CARLSBAD MUNICIPAL CODE CONCERNING PUBLIC NUISANCES AND JUST FOR THE PUBLIC'S KNOWLEDGE, THIS WOULD ALLOW US, UNDER CERTAIN CIRCUMSTANCES TO CRAFT ATTORNEYS FEES FOR PUBLIC NUISANCE ACTIONS.

MOVE INTRODUCTION OF THE AGENDA ITEM NUMBER SEVEN.

SECOND.

PLEASE CALL ROLL.

COUNCIL MEMBER NORBY, AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL AYE, MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE, THIS ITEM PASSES UNANIMOUSLY,

[8. ADOPTION OF ORDINANCE NO. CS-400 – VACANCIES IN OFFICE]

MOVING ON TO ORDINANCES FOR ADOPTION.

ITEM NUMBER EIGHT ADOPTION OF ORDINANCE NUMBER CS400, VACANCY IN OFFICE.

DO WE HAVE ANY SPEAKERS ON THIS ITEM? WE DO NOT HAVE ANY SPEAKERS, SO IF YOU WANT TO TITLE THE ORDINANCE MS. BREWER.

ARE YOU READY FOR THE TITLE?

[01:55:04]

YES, PLEASE.

THANK YOU.

THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION, 2.04.110 VACANCIES IN OFFICE.

MOVE ADOPTION OF THE ORDINANCE CONTAINED AN AGENDA ITEM NUMBER EIGHT.

SECOND.

COULD THE CLERK PLEASE CALL ROLL? COUNCIL MEMBER NORBY, AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE, MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE, THIS ITEM PASSES UNANIMOUSLY, MOVING ON TO DEPARTMENTAL AND CITY MANAGER REPORTS,

[9. AMENDMENTS, GRANT FUNDS AND ENGAGEMENT PLAN FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT]

ITEM NUMBER NINE AMENDMENTS, GRANT FUNDS AND ENGAGEMENT PLAN FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTION PROJECT MR. CHADWICK INTRODUCTIONS.

YES, SIR, AND MAKING TODAY'S PRESENTATION WILL BE OUR SENIOR PROGRAM MANAGER, MIKE KRIM, ALONG WITH OUR COMMUNICATION AND ENGAGEMENT DIRECTOR.

ALL RIGHT, THANK YOU VERY MUCH, MR CHADWICK.

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

THE ITEM BEFORE YOU TONIGHT IS REGARDING THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT.

NEXT SLIDE WILL GIVE US THE PROGRAM AGENDA FOR TONIGHT.

IT'S GIVING A LITTLE PROJECT, BACKGROUND AND PURPOSE, REMINDING THAT AND THE GRANT AGREEMENT TASKS AND STATUS.

THEN WE'LL MOVE ON TO DISCUSSING THE MEAT OF ONE OF THE MEATS OF THE ITEMS, WHICH IS THE RECOMMENDATION ABOUT AN AGREEMENT AMENDMENTS REGARDING AN OPPORTUNITY THAT WE HAVE TO STUDY AND SEEN AS CREEK RESTORATION POSSIBILITIES.

AND THEN I'LL TURN IT OVER TO MY CO-PRESENTER, DIRECTOR RAY, TO DISCUSS PUBLIC ENGAGEMENT FOR THE PROJECT.

SO IN THE NEXT SLIDE, WE'VE GOT THIS.

JUST GIVE US SOME BEARING WHERE THE LOCATION OF THE PROJECT IS.

IT'S APPROXIMATELY A ONE MILE LONG STRETCH OF CARLSBAD BOULEVARD APPROXIMATELY FROM MANZANO DRIVE DOWN TO ISLAND WAY.

AS YOU KNOW, THAT'S PART OF THE SECTION THAT GOES THROUGH THE PALOMAR AIRPORT ROAD INTERSECTION AND THEN TERMINATES JUST NORTH OR RIGHT AT THE NORTH PART OF THE CAMPGROUND.

SO FOR SOME BACKGROUND, THE PROJECT, THIS IS A CLIMATE READY GRANT FUNDED PROJECT FROM THE CALIFORNIA COASTAL CONSERVANCY, WE RECEIVED BACK, THE COUNCIL ACCEPTED BACK ON MAY 5TH, 2020 A GRANT IN THE AMOUNT OF FOUR HUNDRED AND NINETY EIGHT THOUSAND DOLLARS.

IT INVOLVES A CORE TEAM OF FOR, THE PROJECT OF THE COASTAL CONSERVANCY STAFF, ALSO RESEARCHERS AND STAFF FROM THE SCRIPPS INSTITUTION OF OCEANOGRAPHY CLIMATE CENTER FOR CLIMATE CHANGE IMPACTS AND ADAPTATION.

AND THEN THE CITY ALSO HIRED GHD INC AND THEIR SUB CONSULTANT K2UA TO ASSIST WITH THE WITH THE PROJECT.

THE LARGER PROJECT TEAM ALSO INCLUDES THE CALIFORNIA STATE PARKS AND THE CALIFORNIA COASTAL COMMISSION, SO THERE'S ESSENTIALLY THREE GOALS FOR THE PROJECT.

ONE IS TO INCREASE RESILIENCY OF THE CRITICAL INFRASTRUCTURE THAT BEING ADDRESSING THE EXISTING AND FUTURE CLIMATE CHANGE IMPACTS TO CARLSBAD BOULEVARD TO THE ROADWAY THAT INCLUDES SEA LEVEL RISE, AS WELL AS EXTREME STORM EVENTS.

WE ALSO WANT TO IMPROVE COASTAL ACCESS AND RECREATION AND THEN ENHANCE THE NATURAL ENVIRONMENT, AND THAT'S BOTH THE UPLAND AND THE WETLAND ENVIRONMENT AROUND [INAUDIBLE] ON THE NEXT SLIDE, WE GO THROUGH SOME OF THE GRANT AGREEMENT TASKS.

SO THE FIRST IS RESEARCH.

THERE'S BEEN A LOT OF WORK DONE ON SOUTH CARLSBAD BOULEVARD AND WE DON'T WE WANT TO MAKE SURE THAT WE INCORPORATE THAT INTO WHATEVER WE DO GOING FORWARD.

MOST RECENTLY, WE HAD EFFORTS IN 2010 TO 2013 TO TALK ABOUT THE REALIGNMENT OF THE BOULEVARD.

THE NEXT WAS TO IDENTIFY CONSTRAINTS, AND THIS IS BOTH THE PHYSICAL CONSTRAINTS THAT I WAS DISCUSSING WITH REGARD TO BLUFF RETREAT AND FLOODING BASED ON SEA LEVEL RISE, BUT ALSO SOME OF THE REGULATORY CONSTRAINTS.

THERE ARE A NUMBER OF STATE AND FEDERAL AGENCIES, AS WELL AS CITY DEPARTMENTS THAT WILL PLAY A ROLE IN THE PERMITTING ENVIRONMENTAL REVIEW OF THIS PROJECT AND THEREFORE GETTING THEIR INPUT EARLY HELPS INCREASE THE LIKELIHOOD OF FUTURE SUCCESS.

THE NEXT WAS THE PRELIMINARY CONCEPTUAL DESIGNS, AND THAT'S KIND OF WHERE WE ARE NOW, RIGHT BETWEEN THERE AND MAYBE STARTING TO TALK ABOUT ALTERNATIVES.

THOSE ARE JUST PENCIL DRAWINGS TO SEE WHAT CAN FIT WHERE WE WANT TO TAKE AN ANALYSIS OF HOW FAR THE BLOOD IS GOING TO BE RETREATING AND BE CONSISTENT WITH THE LOCAL COASTAL PROGRAMS, DIRECTION ON THAT AND THEN SEE WHAT WE CAN FIT IN THERE.

THAT'S RIGHT NOW, THAT'S PURELY A TECHNICAL ANALYSIS BASED ON THE ENGINEERING CODES AND STANDARDS BASED ON THINGS SUCH AS THE GENERAL PLANS, MOBILITY ELEMENTS AND THE POLICIES THAT ARE INCLUDED IN THERE WITH LIKE COMPLETE STREETS.

AND THEN, AS I MENTIONED, THE LOCAL COASTAL PROGRAM.

IMPORTANTLY, THIS IS ONLY AN INTERIM STEP, AND IT HAS YET TO BEEN INFLUENCED BY ANY DIRECTION FROM COUNCIL OR THE PUBLIC INPUT.

AND THAT WILL BE MS. RAY WILL BE DISCUSSING THE POSSIBLE OPPORTUNITIES FOR INPUT AT THE END OF THE DAY AFTER I'M COMPLETED HERE.

ONCE THOSE DESIGN ALTERNATIVES ARE COMPLETED, THEN THE FINAL PRODUCT THAT

[02:00:04]

NEEDS TO BE DELIVERED TO THE CALIFORNIA COAST CONSERVANCY BY FEBRUARY OF 2023 WOULD BE A 15 TO 30 PERCENT ENGINEERING DESIGN.

BUT THERE'S THREE COMPONENTS AS PER COUNCIL'S DIRECTION PREVIOUSLY, WHEN THEY ADOPTED GUIDING PRINCIPLES ON THE AREA.

THIS IS NOT JUST A ROADWAY REALIGNMENT PROJECT, IT'S ALSO TAKING A LOOK AT COASTAL ACCESS AND RECREATION AREAS WITHIN THAT ONE AND A HALF MILE STRETCH, AND ALSO TAKING A LOOK AT HABITAT RESTORATION.

SO TALKING ABOUT THE HABITAT RESTORATION, THERE ARE SOME UPLAND AREAS THAT COULD STAND FOR HAVING SOME NATIVE HABITAT INTRODUCTION.

BUT WHAT WE'RE REALLY HERE TO TALK ABOUT, ABOUT THE HABITAT PART IS ENCINAS CREEK.

THIS IS JUST GETTING FOLKS BEARING ABOUT ENCINAS CREEK.

IT STARTS IN THE EAST OF EL CAMINO REAL, GENERALLY PARALLELS PALOMAR, FORT ROAD, GOES UNDER THE FREEWAY, GOES UNDER THE RAILROAD AND THEN GOES THROUGH THE PROJECT AREA, EVENTUALLY REACHING THE SHORELINE.

AND THAT PROJECT AREA IS CIRCLED IN RED THERE.

TALKING ABOUT THE NEXT SLIDE, WE'LL TALK ABOUT THE RESTORATION PLANS THERE FOR THE STUDY.

SO THE UPPER IMAGE, THE AERIAL IMAGE ON THE THE UPPER LEFT SHOWS THAT AREA THAT WAS CIRCLED IN RED AND THEN YOU COULD SEE THE DIVIDED HIGHWAY AND THEN THE RAILROAD ON THE FARM, ON THE RIGHT AT THE EDGE OF THE PICTURE, THE LOWER IMAGE IS A LOOK FROM THE NORTHBOUND LANES LOOKING SOUTHWARD, LOOKING WESTWARD.

AND IT'S THE SUN WENT DOWN, BUT IT GOT DARK THERE, SO THOSE OF YOU THAT ARE FAMILIAR WITH ENCINAS CREEK AREA, WHEN YOU'RE DRIVING ALONG THE BOULEVARD, THE EXISTING HABITAT IS REALLY DEGRADED.

THAT WHOLE AREA IS FULL OF ICE PLANTS.

AND WHILE DIRECTOR RAY GETS THAT POWERPOINT BACK UP, I CAN KEEP TALKING ABOUT IT.

THE ENCINAS CREEK GOES UNDER THE RAILROAD IS CONSTRAINED, NOT MUCH WE CAN DO ABOUT THERE.

BUT THEN THE NORTHBOUND LANES ARE ESSENTIALLY A BIG FIELD SLOPE WITH JUST CULVERTS IN THERE, AND THAT GREATLY RESTRICTS THE WATER FLOW.

IT'S NOT A VERY NATURAL SITUATION.

AND THEN BECAUSE THERE'S KABUL THAT FORMS RIGHT AT THE AT THE AT THE END OF THE ENCINAS CREEK, WHEN IT HITS INTO THE OCEAN, A LOT OF TIMES THAT BLOCKS THE THE CREEK FROM ENTERING THE OCEAN.

A LOT OF TIMES IT'S MORE A HIGH TIDE FLOW THAT THAT TAKES THE THE OCEAN WATER INTO THE CREEK SYSTEM RATHER THAN THE OTHER WAY AROUND.

SO THIS IS A REALLY, WE HAVE AN OPPORTUNITY FOR UNIQUE HABITAT CREATION HERE.

THERE'S VERY FEW SMALL ESTUARINE SYSTEMS THAT ARE STILL BETTER NATURAL OR COULD BE NATURALIZED UP AND DOWN THE COAST.

AND WE REALLY WANT TO SEE THE GOAL OF THIS IS TO TO ALLOW US TO GET MORE MONEY TO STUDY WHAT EXACTLY WOULD HAPPEN.

THERE'S A COUPLE OF ALTERNATIVES THAT WE'RE LOOKING AT, AND THAT'S MOSTLY JUST ABOUT THE TIMING OF WHEN THE HARDENED STRUCTURES ALONG THAT COAST WOULD BE REMOVED.

THERE'S MORE DETAIL IN THE STAFF REPORT AND THEN A LOT MORE DETAIL IN ATTACHMENT C TO THE RESOLUTION THAT TALKS ABOUT THE SCOPE OF WORK.

SO AS WE SAID, IN ORDER TO FUND AND EFFECTUATE THIS ADDITIONAL ANALYSIS, ALL THREE PROJECT RELATED AGREEMENTS THAT WERE PREVIOUSLY APPROVED BY THE CITY COUNCIL NEED TO BE AMENDED.

THE FIRST IS THE COASTAL CONSERVANCY'S STANDARD AGREEMENT THAT WOULD NEED TO BE AMENDED SO THAT WE CAN ACCEPT ADDITIONAL COASTAL CONSERVANCY GRANT FUNDS IN THE AMOUNT OF THIRTY FIVE THOUSAND ONE HUNDRED DOLLARS.

THE SECOND WOULD BE TO REDUCE THE SCRIPPS INSTITUTION OF OCEANOGRAPHY OR THE UNIVERSITY OF CALIFORNIA'S RESEARCH AGREEMENT AMOUNTS BY AROUND THIRTY NINE THOUSAND DOLLARS.

WE'VE SPOKEN WITH THEM AND THEY CAN STILL COMPLETE ALL OF THE ANALYSIS CLIFF HAZARDS ANALYSIS THAT THEY WERE PLANNING ON DOING WITH THAT REDUCTION.

SO THAT DOESN'T REDUCE THE QUALITY OF WORK THAT WE'RE GOING TO GET FROM THEM.

AND THEN WE ALSO HAD SOME CONTINGENCY MONEY IN THE BUDGET ALREADY FOR ABOUT $15000.

SO ALL OF THAT TOTALS TO $90000, AND THEN THAT MONEY WOULD BE USED TO INCREASE GHD'S AGREEMENT AMOUNT AND THEIR SCOPE OF SERVICES.

SO THAT CONCLUDES THE PART ABOUT THE PROJECT BACKGROUND, AND I'LL TURN IT OVER TO DIRECTOR RAY.

THANK YOU, MR. GRAHAM.

SO THE OTHER TOPIC THAT WE WANTED TO DISCUSS WITH YOU TODAY IS RELATED TO PUBLIC ENGAGEMENT.

THE REASON THAT PUBLIC ENGAGEMENT MAY NOT BE QUITE AS STRAIGHTFORWARD ON THIS PROJECT AS IT IS FOR OTHERS IS BECAUSE YOU CAN SEE HERE ON THIS SLIDE THAT THE PROJECT AREA FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT OVERLAPS WITH A LARGER PROJECT, WHICH IS THE CARLSBAD BOULEVARD REALIGNMENT PROJECT.

AND THAT PROJECT IS SEEKING TO MOVE CARLSBAD BOULEVARD TO THE EAST.

LOOK AT POTENTIAL COASTAL, RECREATIONAL AND OPEN SPACE USES ON THE FREED UP LAND FROM MANZANO ALL THE WAY TO THE SOUTHERN BORDER.

AND SO EARLIER THIS YEAR, WHEN THE CITY COUNCIL WAS TALKING ABOUT POTENTIAL GOALS, CREATING A VISION FOR THE COASTLINE WAS ONE THAT WAS DISCUSSED QUITE A BIT AND HAS BEEN

[02:05:01]

SOMETHING THAT'S BEEN DISCUSSED IN THE PAST.

AND SO IN LIGHT OF THAT, WE REALLY HAVE COME UP WITH THREE DIFFERENT WAYS, WE MIGHT WANT TO APPROACH THIS PARTICULAR PROJECT AND I'LL GO OVER EACH OF THOSE.

AND THEN WE'RE SEEKING THE CITY COUNCIL'S INPUT ON HOW YOU MIGHT WANT TO MOVE FORWARD WITH DISCUSSION WITH THE PUBLIC ABOUT THIS REALLY IMPORTANT PART OF OUR COASTLINE.

THE FIRST OPTION IS TO WAIT AND GO AHEAD AND FINISH THE TECHNICAL 30 PERCENT DESIGN 15 TO 30 PERCENT DESIGN.

AND THAT WOULD ENABLE US TO FULFILL THE GRANT REQUIREMENTS, BUT REALLY TO WAIT TO ENGAGE THE PUBLIC UNTIL THE COUNCIL MIGHT BE READY TO DISCUSS THE LARGER CORRIDOR.

THIS WOULD PROVIDE POTENTIAL FOR A MORE COHESIVE DESIGN.

BUT THE DOWNSIDE OF THAT IS IF WE DID DESIGN JUST THIS ONE STRETCH OF ROADWAY WITHOUT PUBLIC INPUT.

ONCE WE GOT THAT LARGER ENGAGEMENT, IT COULD BE THAT WE WOULD WANT TO MAKE SOME CHANGES TO THAT DESIGN.

SO SOME PLUSES AND MINUSES THERE.

WE COULD ALSO JUST FOCUS THE PUBLIC ENGAGEMENT AROUND THE ONE MILE SEGMENT OF ROADWAY.

THAT IS THE PART THAT NEEDS TO GET MOVED AWAY FROM THE COAST.

SO IT'S THE MORE TIME SENSITIVE PART OF THE PROJECT.

AND THAT WOULD ALLOW US TO COMPLETE A DESIGN THAT COULD BE READY IF THERE WERE, FOR EXAMPLE, GRANT FUNDING AVAILABLE FOR CONSTRUCTION.

AND THEN IT WOULD ALSO ALLOW US TO CONSIDER THE COASTAL USES IN A LARGER CONTEXT AT A LATER TIME WITH THE OTHER COASTAL LAND IN THE SOUTH THERE.

AND THEN AGAIN, IN TERMS OF A DOWNSIDE, WE WOULD BE LOOKING AT MULTIPLE ROUNDS OF ENGAGEMENT WITH A SIMILAR GROUP OF STAKEHOLDERS RATHER THAN TALKING ABOUT IT ALL AT ONCE.

SO THE THIRD OPTION THAT WE'VE COME UP WITH IS TO GO AHEAD AND FOCUS ON THIS ONE MILE AREA, INCLUDING THE COASTAL USES THERE.

SO THE ADVANTAGE OF THAT APPROACH IS THAT THERE IS DESIRE BY SOME COMMUNITY MEMBERS TO HAVE SOME RECREATIONAL USES ALONG THE COAST.

AND SO IF WE WENT AHEAD AND PLANNED THIS PROJECT AREA THAT COULD SATISFY THAT NEED A LITTLE SOONER THAN WAITING TO HAVE A LARGER DISCUSSION ABOUT THE CORRIDOR.

BUT IT WOULD PROVIDE PERHAPS FEWER OPPORTUNITIES.

I IMAGINE WHEN WE START TO DISCUSS WITH THE PUBLIC ALL OF THE THINGS THAT THEY MIGHT LIKE TO SEE ALONG THE COASTLINE.

THERE'S GOING TO BE A LOT OF GREAT IDEAS.

AND SO WITH JUST THAT ONE MILE STRETCH, WE WOULDN'T HAVE AN OPPORTUNITY TO PROPERLY ADDRESS ALL OF THOSE OPPORTUNITIES, BUT IT WOULD BE A WAY TO GET STARTED.

SO AGAIN, THREE OPTIONS THAT WE'VE COME UP WITH BECAUSE THIS PROJECT'S JUST A LITTLE DIFFERENT THAN SOME OF THE OTHERS.

ONE IS, DO WE WANT TO WAIT AND PERHAPS JUST ENGAGE THE PUBLIC IN A LARGER DISCUSSION ABOUT THAT SOUTH CARLSBAD CORRIDOR? WE WANT TO HAVE A VERY NARROW PUBLIC ENGAGEMENT AND GET THE ROADWAY DESIGN SO THAT THAT CAN MOVE FORWARD OR GO AHEAD AND COMPLETE THE OUTREACH ON BOTH PARTS OF THIS ONE MILE STRETCH AT THIS TIME.

SO A FEW OPTIONS TO CONSIDER.

AND NOW I'M GOING TO TURN IT OVER TO MR. GRAHAM TO GO OVER THE RECOMMENDED ACTIONS AND THEN I WILL STOP SHARING AND WE WELCOME YOUR FEEDBACK.

GREAT.

THANK YOU VERY MUCH.

SO THE RECOMMENDED ACTION WOULD BE TO ADOPT A RESOLUTION THAT WOULD AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENTS TO THOSE THREE AGREEMENTS THAT I DISCUSSED THE STATE COASTAL CONSERVANCY GRANT AGREEMENT, UNIVERSITY OF CALIFORNIA RESEARCH AGREEMENT AND THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND GHD FOR THIS PROJECT.

AND IT WOULD ALSO WE RECOMMEND THAT WE ACCEPT AND APPROPRIATE THE GRANT FUNDS PROVIDED BY THE COASTAL CONSERVANCY TO THE ENVIRONMENTAL MANAGEMENT DEPARTMENT BUDGET.

AND THEN THE SECOND ACTION WOULD BE THAT THE COUNCIL WOULD PROVIDE DIRECTION ON

[02:10:02]

THE PUBLIC ENGAGEMENT PROCESS FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT.

OK.

DO WE HAVE SPEAKERS ON THIS ITEM? THERE IS ONE SPEAKER, MARIANNE VINEY, 1425, WILL YOU PLEASE PRESS STAR SIX TO UNMUTE? HELLO, CAN YOU HEAR ME? WE CAN HEAR YOU.

HELLO.

OKAY.

MARIANNE VINEY, DISTRICT ONE.

GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS.

THANK YOU FOR THE OPPORTUNITY TO SPEAK AND FOR THE WORK YOU DO FOR OUR BEAUTIFUL CITY.

IT'S POTENTIALLY REALLY GOOD NEWS THAT THE ENCINAS CREEK WOULD UNDERGO RESTORATION, HABITAT IMPROVEMENT AND ALSO REDUCTION IN POLLUTANTS THAT COME FROM THE STORM DRAINS THAT ENTER INTO THE CREEK AND WHICH ALSO, YOU KNOW, THEN GO INTO THE OCEAN.

SO, YOU KNOW, I'LL TALK ABOUT THAT A LITTLE BIT LATER, BUT MY QUESTION IS REALLY TO STAFF, WILL YOU BE CONSIDERING IMPACTS FROM THE AIRPORT? PALOMAR AIRPORT STORM WATER RUNOFF, ESPECIALLY IN LIGHT OF MORE DESTRUCTIVE STORM EVENTS PREDICTED FROM WORSENING CLIMATE CHANGE.

SO, YOU KNOW, THE AIRPORT CONTAINS A LARGE QUANTITY OF IMPERVIOUS SURFACE AREA AND THAT IS POTENTIALLY THROUGH THE, YOU KNOW, THROUGH THAT STORM DRAINS ENTERING INTO THE ENCINAS CREEK, CAUSING, YOU KNOW, POLLUTION TO ENTER THAT CREEK.

AND SO IT WOULD BE REALLY ADVISABLE, IN MY OPINION, TO TRY TO REDUCE THAT KIND OF POLLUTION BECAUSE IT IS EVENTUALLY GOING INTO THE OCEAN.

AND SO I HOPE THAT YOU DO TAKE THESE FACTORS INTO CONSIDERATION, AND THAT WOULD BE MY REQUEST.

THANK YOU VERY MUCH.

THAT CONCLUDES ALL THE SPEAKERS MAYOR.

OK, QUESTIONS, ANY QUESTIONS? UH, MS. ACOSTA, COUNCIL MEMBER ACOSTA.

YES, THANK YOU, WHEN I WAS LOOKING THROUGH THE PACKET EARLIER, THE WAY THAT OPTION ONE WAS PRESENTED TALKED ABOUT PROCEEDING WITH A CONCEPTUAL DESIGN AND WAITING ON THE PUBLIC ENGAGEMENT PROCESS UNTIL THE CITY IS READY TO MOVE FORWARD WITH THE CARLSBAD BOULEVARD REALIGNMENT PROJECT AND THE WAY THAT THE SLIDES WERE PRESENTED, IT WAS LIKE A BIG RED FLAG.

WAIT, WAIT, BUT SO I GUESS I'M READING THE PACKET, JUST THOUGHT THAT THE WAITING WAS NOT AS BIG OF A DEAL, BUT IT SEEMS IN THE SLIDE PRESENTATION, MAYBE IT IS.

SO HOW LONG ARE WE TALKING ABOUT WAITING? SO I KNOW WE'VE GOT A BIG GROUP OF MY CONSTITUENTS WHO REALLY IS INTERESTED IN FINDING OUT THE FEASIBILITY OF THE REALIGNMENT.

OK, YES, AND I'M SORRY IF THAT WASN'T CLEAR, I DIDN'T MEAN TO BE INCONSISTENT.

I THINK THE TIMING REALLY WOULD BE SOMEWHAT UP TO THE CITY COUNCIL RIGHT NOW.

THAT LONGER STRETCH THE SOUTH CARLSBAD REALIGNMENT PROJECT IS NOT SOMETHING THAT I THINK IS ACTIVELY BEING WORKED ON.

IT, OTHER MORE PRESSING NEEDS HAVE COME UP IN PUBLIC WORKS, SO THAT MIGHT BE SOMETHING IF THE CITY COUNCIL WANTED TO DO SOME REPRIORITIZATION.

I'LL PROBABLY DEFER TO THE CITY MANAGER ON THAT.

BUT THE TIMING, I THINK, IS SOMEWHAT FLEXIBLE DEPENDING ON THE COUNCIL'S DESIRE.

THAT'S, YEAH TINA IS COMPLETELY ACCURATE OVER TIME, IT SEEMS LIKE THIS REALIGNMENT BECAME DEPRIORITIZED WHERE THERE WERE FOCUSED ON MORE PRESSING ISSUES IN THE EVENT THAT COUNCIL WOULD LIKE US TO REPRIORITIZE OR MOVE THIS UP WE CERTAINLY CAN.

OK, THANK YOU, BECAUSE I REMEMBER THE OTHER DAY WHEN WE HAD THE TOPIC OF HOW TO LOOK AT PARK SPACE IN PLANNING AREA F, THE REALIGNMENT WAS A SUGGESTION FROM STAFF.

LOOK AT THIS, LOOK AT A LINEAR PARK.

AND I THINK BY DOING ONLY THE SMALLER CHUNK, WE WOULD BE DISREGARDING THAT OPTION FOR THOSE CONSTITUENTS WHO ARE REALLY CONCERNED ABOUT IT, REALLY INTERESTED AND WANT TO SEE IT.

AND I THINK THEY DISMISSED IT.

I'VE BEEN TOLD THEY DISMISSED IT BECAUSE IT KEPT GETTING PUT OFF, SO THEY LIKE TO ENGAGE WHEN IT COMES TO THE PUBLIC OUTREACH AND TALKING TO STAFF AND SEEING THE FEASIBILITY OF DOING THAT, SO I'M REALLY INTERESTED IN MAKING SURE THAT WE DON'T JUST PROCEED WITH ONE LITTLE PART AND FORGET ABOUT SOUTH OF THIS AREA.

AND WE SHOULD BE LOOKING AT A COMPREHENSIVE REALIGNMENT.

IT'S THE SAME STREET, IT'S THE SAME AREA.

IT'S JUST A LITTLE FURTHER DOWN.

SO I'M REALLY INTERESTED IN MAKING SURE THAT WE LOOK AT THE COMPREHENSIVE PUBLIC OUTREACH.

SOME OF THE PEOPLE ARE THE EXACT SAME.

I THINK THAT MR. [INAUDIBLE] MENTIONED THAT, THAT IT WOULD BE A LITTLE BIT REPETITIVE BECAUSE WE'D BE GOING BACK TO SOME OF THE SAME STAKEHOLDERS FOR JUST A LITTLE FURTHER STRETCH DOWN THE ROAD.

SO I'D LIKE TO SEE A COMPREHENSIVE OUTREACH PROGRAM THAT INCLUDES NEIGHBORS FURTHER SOUTH OF THIS PARTICULAR ONE MILE STRETCH.

SO THANK YOU.

IT JUST A THOUGHT ON THAT MS. ACOSTA ALL ALONG WHEN WE'VE LOOKED AT THIS ROAD SEGMENT, WE'VE NEVER REALLY LOOKED AT IT AS BEING ONE CONTINUOUS ONE.

WE'VE TALKED ABOUT IN THE PAST HAVING DIFFERENT THEMES, AND PERHAPS WE DON'T HAVE THE WHOLE SAME THEME FROM POINT A TO POINT B, BUT IT'S KIND OF HOW IT'S BEEN DESIGNED OVER THE YEARS.

THE MIDDLE SEGMENT OF THE ROAD REALIGNMENT HAS ALREADY BEEN DONE, SO THERE'S TWO SEGMENTS LEFT THE SOUTH SEGMENT AND THE NORTH SEGMENT.

AND SO I THINK, YOU KNOW, FOR FOR ONE OF THE THOUGHTS, IF YOU'RE JUST SPEAKING ABOUT THE ROAD AND TRYING TO GET THE ROAD INTO POSITION TO WHERE YOU GET GRANT FUNDING, AND I THINK THERE'S AN OPPORTUNITY THINKING ABOUT HOW MUCH MONEY THE STATE AND

[02:15:01]

THE FEDS ARE TRYING TO GET INTO THE SYSTEM AND INFRASTRUCTURE.

THERE'S AN OPPORTUNITY FOR MAYBE THAT PIECE.

BUT WHEN YOU, I TOTALLY AGREE WITH YOU ON HOW WE LOOK AT THIS WOULD PROBABLY BE LIKE PART OF THE GROWTH MANAGEMENT 2.0 OR THE 2050 PLAN IS TO HOW WE TALK ABOUT THIS INCLUSIVELY AS TO WHAT YOU ACTUALLY WANT TO SEE AS AMENITIES ABOVE AND BEYOND THE ROAD.

BUT I THINK IN ALL CASES, THE ROAD GETS MOVED TO THE EAST IN ORDER TO GET THE LAND AVAILABLE TO DO WHATEVER WE MAY WANT TO DO.

YEAH, THANK YOU.

PART OF THAT VISIONING THAT WE'VE BEEN TALKING ABOUT, IT'S GETTING THE COMMUNITY ENGAGED IN VISIONING DIFFERENT PARTS OF THE CITY.

SO DEFINITELY IT COULD BE PART OF GROWTH MANAGEMENT PLAN.

BUT AS REGARDS THIS, THIS PARTICULAR PUBLIC ENGAGEMENT OPTION, I JUST WANT TO MAKE SURE IT DOESN'T GET LEFT OFF THE TABLE BECAUSE I CAN SEE THAT WE WOULD ONLY JUST WORK ON THE ONE LITTLE CHUNK AND FORGET ABOUT THE REST.

AND THAT WOULD GET TABLED AND THEN FALL FURTHER AND FURTHER DOWN THE PRIORITY LIST.

SO JUST TO SPEAK UP FOR THE PEOPLE IN THE PONTO AREA THAT ARE SUPER INTERESTED IN PARKS SPACE, THAT WE SHOULD ENGAGE THEM AND HAVE THEM AS PART OF THIS VISIONING AND OUTREACH PROCESS.

THANK YOU.

AND I TOTALLY AGREE, AND I THINK, YOU KNOW, IN MR. CHADWICK, YOU CAN GIVE US A DATE, PERHAPS, BUT I THINK WE'RE GOING TO TALK ABOUT GOAL SETTING AND THE GROWTH MANAGEMENT 2.0 IN THE NOT TOO DISTANT FUTURE OR AT LEAST HAVING A CONVERSATION ABOUT THAT.

THAT'S CORRECT, IT WILL.

OUR NEXT GOAL SETTING OR STRATEGIC PLANNING EFFORTS WILL OCCUR IN THE FALL.

SO WE DON'T HAVE A DATE CERTAIN AT THIS POINT YET.

SO THAT'S LIKE IN THE NEXT THREE OR FOUR MONTHS.

YES.

MR. NORBY, YOU, I SAW YOUR HAND UP NEXT.

THANK YOU, I'M JUST I CAN'T TELL YOU HOW EXCITED I AM ABOUT THIS, I MEAN, NOT TO GET OVERDRAMATIC, BUT IT IS LITERALLY THE END OF A CONTINENT AND THE BEGINNING OF A GREAT OCEAN AND A WORLD FAMOUS KIND OF RESOURCE THAT WE HAVE.

AND IT'S SO EXCITING.

AND AS A LONG TIME CARLSBAD RESIDENT AND BUSINESS OWNER DOWN HERE, I REMEMBER CARLSBAD BOULEVARD WHERE OUR OUR SEAWALL AND BLUFF TOP WALKWAY IS RIGHT NOW PRIOR TO BUILDING THAT FACILITY.

AND I'LL JUST DESCRIBE IT AS MAYBE A LANE LIMIT LINE, NOT EVEN A BICYCLE LANE, SO TO SPEAK, BUT DEFINITELY A LANE LIMIT LINE, A FEW FEET OF ASPHALT AND A FEW FEET OF BLUFF, TOP WALKWAY.

AND MAYBE, YOU KNOW, A DOZEN TO 40 OR 50 PEOPLE A DAY WOULD TRAVERSE THAT DOWN TO TAMARACK.

IT WAS REALLY, REALLY DANGEROUS.

YOU WOULD FALL OFF THE BLUFF AND THEN YOU HAD THIS KIND OF UNEVEN SURFACE, AND THEN THIS FACILITY WAS BUILT.

AND I DON'T KNOW WHAT THE PEDESTRIAN COUNT IS ON THAT FACILITY, BUT I KNOW IT'S IN THE THOUSANDS A DAY AND WE CAN PROBABLY SCALING TO SEVERAL THOUSAND A DAY OF OUR CITIZENS AND VISITORS TO THE COAST WHO WERE JUST ENJOYING THIS MORE HUMAN SCALE INTERFACE WITH THIS OCEAN AND THIS PLACE THAT WE HAVE LITERALLY A LINEAR PARK.

AND TO THINK ABOUT THE OPPORTUNITIES THAT PRESENT THEMSELVES IN THE SOUTH THAT ARE EVEN GREATER IN TERMS OF SPACE AND THE ABILITY FOR US TO ENJOY THAT RESOURCE FROM SOMETHING OTHER THAN A CAR IS IT GIVES ME GOOSE BUMPS.

AND SO IT IS SO IMPORTANT AND SO BIG THAT I WOULD WANT TO HAVE AS MUCH ROBUST CITIZEN INPUT AS POSSIBLE TO THIS AS EARLY AS POSSIBLE, KNOWING THAT WE'RE JUST TALKING ABOUT A PIECE.

BUT YEAH, SO HOWEVER WE STRUCTURE THAT, YOU KNOW, IT'S INSTEAD OF LIKE, WELL, DO WE DO IT LATER? DO WE DO IT NOW WHAT IT IS? I THINK WE DO IT AT ALL POINTS AND WE DO IT AS ROBUSTLY AS POSSIBLE.

THANK YOU.

DR.

BHAT-PATEL.

SURE YEAH, THANK YOU.

I JUST HAVE A BRIEF QUESTION, AND THEN IT'S IF I'M ABLE TO MAKE A QUICK COMMENT.

I'D LOVE TO BE ABLE TO DO THAT, BUT JUST QUICKLY I NOTICED WITH REGARDS TO TIMELINE, IT'S ON PAGE TWO OF 20 FOR ITEM NINE.

IT SAYS ALL WORK IS TO COMPLETE, IS TO BE COMPLETED BY FEBRUARY 28, 2023.

SO IT DOES SEEM LIKE THERE IS SOME SENSE OF A TIMELINE THERE.

AND THEN OF COURSE, ALLOWS FOR US TO FIGURE OUT HOW WE WOULD WANT TO MAP OUR PUBLIC ENGAGEMENT DURING THAT PROCESS.

IS THAT ACCURATE? I GUESS IF I IF I COULD DISCUSS THE DELIVERABLES FOR THE COAST CONSERVANCY GRANT, WHICH IS WHICH IS WHAT THAT TIMELINE IS REFERRING TO.

SO WE NEED TO GET A 15 TO 30 PERCENT ENGINEERING DESIGN OF THE ROADWAY.

WE ALSO NEED TO FIGURE OUT WHERE THE COASTAL ACCESS POINTS ARE GOING TO BE, WHERE THE FUTURE PARKING EXISTING AND FUTURE PARKING, HOW WE'RE GOING TO TRANSITION THAT OUT.

[02:20:02]

AND THEN ALSO GET A PRETTY, PRETTY GOOD IDEA ABOUT WHICH HABITAT RESTORATION ALTERNATIVE WE'RE GOING TO DO.

WE'VE SPOKEN WITH THE COASTAL CONSERVANCY.

WE WERE ORIGINALLY THINKING THAT WE WOULD HAVE ENOUGH TIME TO REALLY GET INTO THE OPEN SPACE AREAS AND DESIGNING THEM AND THINKING ABOUT WHAT WHAT WE CAN HAVE.

BUT WE ALSO APPRECIATE THAT THAT'S A MUCH LARGER KIND OF CONTINUOUS KIND OF THING.

THE ROADS, ONE THING THE ROAD HAS BEEN DESIGNED TO TRANSITION INTO THE EXISTING TERRAMAR AND EXISTING CAMPGROUND ROADWAY SCENARIO SO WE CAN BUILD THIS CHUNK SEPARATELY.

BUT WE APPRECIATE THAT THE OPEN SPACE DISCUSSION IS A MUCH LARGER DISCUSSION.

SO WE'VE SPOKEN TO THE COASTAL CONSERVANCY AND THEY SAID AS LONG AS WE CAN PROVIDE NOT A FULL DESIGN, BUT SOME KIND OF RANGE OF OPTIONS FROM MAYBE BOOKENDED KIND OF CONCEPTS AND HOW THEY RELATE TO THE COASTAL ACCESS AND THE PARKING THAT WOULD SATISFY OUR DELIVERABLES.

SO FROM FROM US, AS FAR AS GETTING INPUT ON THE DESIGN, IT'S KIND OF MORE TALKING JUST ABOUT THE ROADWAY.

AND THEN BECAUSE THAT'S THE MORE TECHNICAL PART OF IT AND THEN THE OTHER DISCUSSIONS COULD BE A LONGER DISCUSSION AS LONG AS WE HAVE EVERYTHING DONE BY BY EARLY 2023.

AND I'LL JUST ADD WHEN IT COMES TO WHEN WE ENGAGE THE PUBLIC, I THINK THE IT SOUNDS LIKE IT'S THE FAR IN THE FUTURE, BUT I THINK WE WOULD WANT TO GET THE PUBLIC'S INPUT NOW AND THEN GIVE THE ENGINEERS A CHANCE TO GO THROUGH SOME ITERATIONS.

AND SO, MR. GRAHAM, I'M NOT SURE WHAT THE LATEST WOULD BE THAT YOU'D HAVE TO HAVE THAT PUBLIC INPUT, BUT PRETTY SOON TO BE ABLE TO EVEN JUST MEET THAT TIMELINE, EVEN THOUGH IT'S NOT UNTIL EARLY 2023.

YES, IT WOULD BE.

IT WOULD BE GREAT TO GET THAT EARLY INPUT, ESPECIALLY IF SOME OF THE DESIGN ALTERNATIVES THAT WE'VE BEEN THINKING ABOUT WERE COMPLETELY CHANGED.

SO I WOULD SAY WITHIN ABOUT SIX MONTHS OR SO, SIX TO EIGHT MONTHS WOULD BE GREAT AND THEN WE COULD.

THEN WE COULD GET TO THE REAL TECHNICAL ACTUALLY COMING AND DECIDING ON A PREFERRED ALTERNATIVE AND BRINGING THAT FORWARD TO COUNCIL FOR APPROVAL AND THEN DOING THE FINAL ENGINEERING DESIGNS, YEAH.

MR. BLACKBURN, OH, IF, IF I MAY.

I'M SORRY.

I'M SORRY, DOCTOR.

NO WORRIES.

AND SO, YEAH, SO THAT'S REALLY HELPFUL CONTEXT JUST TO KNOW LIKE WHAT THE TIMELINE LOOKS LIKE.

I UNDERSTAND THAT IT'S FOR THE THE GRANT AND OF COURSE, FOR THE ROADWAY DESIGN, BUT JUST WANTED TO MAKE SURE THAT WE UNDERSTOOD THAT IF WE WANTED TO HAVE A MORE COMPREHENSIVE OUTREACH PROGRAM, THAT WE DEFINITELY HAVE THE ABILITY AND THAT IT WOULD BE COMING SOON, WHICH IS GREAT.

AND SO I PERSONALLY, I JUST BRIEFLY WANTED TO MAKE A QUICK COMMENT THAT I AGREE IT HAS BEEN A LONG TIME COMING TO BE ABLE TO RE-ENVISION THIS PARTICULAR AREA.

I GREW UP GOING TO THE SOUTH CARLSBAD AREA, SO FOR ME, JUST TO BE ABLE TO SEE AND ENVISION WHAT IT COULD BE IS EXCITING.

AND SO DEFINITELY LOOKING FORWARD TO HEARING FROM OUR COMMUNITY ON THAT PIECE TO SEE WHAT FOLKS HAVE IN MIND AND WHAT ELSE CAN WE ADD TO THIS PARTICULAR AREA THAT WOULD ALLOW FOR THIS TO BECOME SOMETHING EVEN MORE ENJOYABLE FOR EVERYONE? SO THANK YOU.

I JUST WANTED TO INCLUDE THAT.

MR. BLACKBURN.

AT THE BEGINNING OF THIS CONVERSATION, I WROTE DOWN THAT I WANT TO WAIT AND ADDRESS THE ENTIRE CORRIDOR RATHER THAN TRYING TO PIECEMEAL IT.

BUT I.

MAYOR, YOU MADE THE COMMENT THAT WE DON'T WANT TO DELAY IT SO FAR THAT WE MIGHT LOSE THE OPPORTUNITY FOR STATE FED OR SANDAG MONEY TO HELP WITH IT.

SO I JUST WANT TO BE SURE THAT WE DON'T LOSE THAT OPPORTUNITY, BUT I DO LIKE THE IDEA OF TAKING IT AS AN ENTIRE CORRIDOR.

YOU KNOW, MY MY COMMENT IS IS I THINK WE'RE GOING TO GET A LOT OF INPUT IN MORE THAN ONE, YOU KNOW, YOU KNOW, THE ROADS, ONE PIECE OF THIS.

BUT I MEAN, WHAT THE POSSIBILITIES OF THREE AND A HALF MILE OF COASTLINE AND THE AMOUNT OF INPUT AND THOUGHT THAT NEEDS TO GO INTO THAT.

I MEAN, THAT'S NOT SOMETHING WE'RE GOING TO DO IN A MEETING OR TWO.

I MEAN, THAT'S GOING TO TAKE A LOT OF, YOU KNOW, CONSIDERED CONSIDERATION WITH THE COMMUNITY AND ALL ASPECTS OF THE COMMUNITY IS JUST NOT THE PEOPLE AND PONTO, BUT I MEAN THAT THREE AND A HALF MILES IS GOING TO SERVICE THE WHOLE CITY, YOU KNOW, AND IT'S I THINK IT'S GOING TO BE SOMETHING SECOND TO NONE.

AND I CAN REMEMBER A FEW YEARS AGO WHEN MR. BRIGGS CAME WITH A VIDEO THAT HE HAD PUT TOGETHER OF SEGMENTS THROUGHOUT CALIFORNIA AND JUST SHOWING US ALL THE UNBELIEVABLE POSSIBILITIES OF WHAT WE MAY BE ABLE TO DO WITH THIS, THIS PIECE OF LAND.

SO AND I GREATLY LOOK FORWARD TO THE PUBLIC INPUT PART OF IT.

SO.

BUT I DO THINK WE NEED TO MOVE FORWARD ON THE ROAD SEGMENT TO HOPEFULLY GARNER WHATEVER WE CAN OUT OF THE THE STATE AND THE FEDERAL GOVERNMENT.

YES, MS. ACOSTA.

YEAH, SO JUST TO CLARIFY, TO GO BACK TO MY COMMENTS AND WEAVE THEM IN WITH THE OTHERS, IS IT POSSIBLE TO DO THAT COMPROMISE COMPREHENSIVE?

[02:25:01]

WHAT I SAW OPTION ONE WAS TO DO A COMPREHENSIVE OUTREACH ON THE WHOLE AREA FROM PALOMAR AIRPORT ROAD TO LA COSTA AVENUE, AS IT SAYS HERE WOULD PROVIDE A MORE COHESIVE OVERALL DESIGN OF THE COASTLINE, PROVIDE GREATER OPTIONS AND OPPORTUNITIES FOR THE COMMUNITY'S INPUT BECAUSE THE PLANNING AREA WILL BE LARGER AND MORE DIVERSE AND COULD HELP ADDRESS RESIDENTS CONCERNS ABOUT PARK DEFICIENCY IN THE SOUTHWEST AREA.

ALL THOSE GREAT THINGS, CAN WE DO THAT AND STILL MEET OUR DEADLINES? I THINK THAT WOULD BE A CHALLENGE, I THINK TO GET REALLY THE KIND OF INPUT ON THE ENTIRE CORRIDOR WOULD PROBABLY BE LOOKING MORE LIKE A 12 MONTH PROCESS, NINE TO 12 MONTH PROCESS.

BUT THERE'S A LOT OF VARIABLES IT KIND OF DEPENDS ON IF IT'S MORE OF A VISIONING BIG PICTURE, KIND OF WHAT ARE YOUR NEEDS AND PRIORITIES AND WHAT WOULD YOU LIKE TO DO IN THIS AREA? WHAT WOULD YOU LIKE TO EXPERIENCE? I THINK THAT COULD EASILY BE DONE IN THAT SIX MONTH TIME PERIOD.

BUT IF WE WANTED TO TALK ABOUT ACTUALLY LOOKING AT DESIGNS AND GETTING MORE SPECIFIC, I THINK THAT WOULD TAKE SOME ITERATIONS, WHICH TAKES TIME FOR THE DESIGNERS TO COME UP WITH SOMETHING TO SHOW THE PUBLIC AND THEN GO THROUGH THAT PROCESS.

AND SO THAT MORE DETAILED INPUT, I THINK, WOULD ALSO INVOLVE GETTING THE PROJECT TEAM WORKING ON THE LARGER PROJECT ENGAGED.

AND SO I MIGHT JUST SORT OF LOOKING AT DEPUTY CITY MANAGER GOMEZ TO SEE IF SHE MIGHT WANT TO CHIME IN ON THAT BECAUSE I THINK WE WOULD NEED SOME TECHNICAL SUPPORT TO HAVE A GOOD, ROBUST DISCUSSION WITH THE COMMUNITY IF WE WANTED TO DO ANYTHING OTHER THAN JUST SORT OF BIG PICTURE VISION FOR THAT CORRIDOR.

DOES THAT MAKE SENSE? DID I ANSWER YOUR QUESTION? YEAH.

OKAY.

MS. GOMEZ.

I MEAN, IT KIND OF DOES.

I WOULDN'T SEE WHY IT WOULD BE AN OPTION IF IT'S NOT POSSIBLE.

SO THAT'S WHY I'M ASKING, YOU KNOW, IS THIS EVEN POSSIBLE? YOU KNOW, WHO IS IT AN OPTION IF IT'S NOT POSSIBLE? YES, MA'AM, AND SO IT IS POSSIBLE.

BUT WHAT WE WOULD NEED WOULD BE THE PRIORITIZATION OF THE CARLSBAD REALIGNMENT PROJECT WITH REGARDS TO A FOCUS AREA, AS WE HAD TALKED ABOUT AND ALSO ADDITIONAL FUNDS THAT WE WOULD NEED TO BUDGET FOR WITH REGARDS TO THE PUBLIC ENGAGEMENT FOR THE LARGER CORRIDOR OF THAT AREA.

AND SO THE PORTION THAT IS WITHIN THE ONE MILE SEGMENT THAT IS WITHIN THE GRANT CAN BE ACCOMPLISHED.

AND AS MS. RAY HAD HAD DISCUSSED, IS THAT WE CAN WE CAN START OFF WITH A BIGGER PICTURE AND THEN WITH ADDITIONAL FUNDING WITH REGARDS TO THE BIGGER PROJECT, THEN WE CAN EXPAND AND GET SOME TECHNICAL ASSISTANCE WITH REGARDS TO POTENTIAL DESIGNS.

OK, SO THEN AS I UNDERSTAND IT FOR I GUESS FOR MS. RIGHT, THE BEGINNING WAS BIGGER PICTURE VISIONING WHOLE AREA AND THEN BREAK IT DOWN INTO SEGMENTS.

FIRST SEGMENT WILL BE THIS ONE TO MEET THE GRANT QUALIFICATIONS AND MAKE SURE THAT WE CAN MOVE FORWARD ON THIS.

ANOTHER PART WOULD BE FURTHER DOWN THE LINE AND YOU WOULD COME BACK TO OR WE WOULD COME BACK TO COUNCIL FOR MORE FUNDING.

THAT'S CORRECT.

YES, I THINK THAT'S POSSIBLE TO DO IT THAT WAY.

[INAUDIBLE] DOCTOR? SURE, I JUST WANTED TO GET SOME CLARITY AND POTENTIALLY JUST MAYBE PROVIDE AN OPTION, I DON'T KNOW, BUT YOU ALL CAN LET ME KNOW ABOUT THIS.

SO I'M LISTENING, AND I COMPLETELY THINK HAVING A MORE COMPREHENSIVE CONVERSATION WOULD BE AWESOME.

BUT I UNDERSTAND THE URGENCY OF THE TIMELINE AS WELL AND MAKING SURE THAT WE'RE MEETING THE TARGETS FOR THE REALIGNMENT.

SO THE QUESTION I HAD WAS, IS IT POSSIBLE TO DO SOME SORT OF HYBRID? I THINK MAYBE KIND OF SIMILAR TO WHAT COUNCIL MEMBER ACOSTA MAY HAVE BEEN MENTIONING, BUT WHAT I WAS WANTING TO SAY WAS START TO DO OUTREACH FOR BOTH BUT RESERVE WHATEVER FIRST PORTION OF CONVERSATION THAT WE ARE HAVING WITH WITH THE

[02:30:06]

COMMUNITY WITH REGARDS TO THE REALIGNMENT AND THEN CONTINUE THE LARGER CONVERSATION FOR A LONGER PERIOD OF TIME ON THE BIGGER PICTURE.

SO IF THAT'S POSSIBLE, I FEEL LIKE THAT'S SOMETHING THAT IS PALATABLE FOR AT LEAST THOSE OF US THAT ARE WANTING TO HAVE A MORE COMPREHENSIVE CONVERSATION.

SO JUST MAKE SURE I'M UNDERSTANDING IT WOULD BE SORT OF ENGAGING THE COMMUNITY IN A DISCUSSION OF THEIR VISION FOR THAT ENTIRE STRETCH OF COASTLINE.

BUT AT THE SAME TIME, TALKING IN MORE DETAIL ABOUT SOME OF THE OPTIONS FOR THE ROADWAY AND THE COASTAL AREAS IN THE ONE MILE STRETCH.

CORRECT, SO IT'S ALMOST LIKE IF WE ARE GOING TO BE USING THE THE FUNDS ANYWAY TO HAVE THAT DISCUSSION WITH OUR COMMUNITY MIGHT AS WELL DO TWO AT ONCE, RIGHT? AND IT ALLOWS FOR US TO HAVE THAT MORE ROBUST DISCUSSION AND THEN BE ABLE TO UTILIZE THAT FOR A FURTHER DISCUSSION, MEANING THAT THE BIGGER VISIONING CAN CONTINUE ON FOR A LONGER PERIOD OF TIME, AS WE WERE SAYING THAT IT MAY TAKE 12 MONTHS, BUT AT THE SAME TIME, WE COULD ADDRESS THE REALIGNMENT DURING THAT TIME FRAME IN THAT SIX MONTH TIME FRAME THAT WE NEED.

SO THAT WAS THE THOUGHT, AND I HOPE IT WAS CLEAR, BUT I THINK WHAT YOU SHARED IS EXACTLY WHAT I WAS DISCUSSING WAS TO MAKE SURE THAT WE COULD HAVE START BOTH CONVERSATIONS BUT REALLY PRIORITIZE DURING THOSE CONVERSATIONS, THE REALIGNMENT AND ASK SOME MORE FEEDBACK ON THAT.

BUT THEN ONCE THAT'S DONE, WE CAN SEE IF WE WANTED TO CONTINUE TO HAVE MORE ENGAGEMENT ON THAT BIGGER VISIONING, AND IT'S ALREADY BEEN KICKED OFF FOR FOLKS.

YEAH, AND I THINK ONE OF THE THINGS THAT WAS STATED EARLIER TO GET INTO THE BIGGER PICTURE IS ALSO GOING TO TAKE MORE FUNDING TO COMPLETE THE BIGGER PICTURE, TO DO THE OUTREACH AND SO ON.

AND THE ONLY OTHER THING IS IS THIS IS A ONCE, I MEAN, THERE'S THREE AND A HALF MILES OF COASTLINE HERE, THERE'S NO OTHER PLACE LIKE IT IN CALIFORNIA, AND YOU KNOW, TO ME, I DON'T WANT TO RUSH IT.

I WOULD RATHER HAVE TOO MUCH PUBLIC INPUT IN A LOT OF TIME TO DO THE DESIGN WORK.

I MEAN, WE'VE BEEN WORKING ON THIS FOR 12 YEARS, AND I'VE SEEN WITH THE PUBLIC OUTREACH BEFORE AND THE COMMENT AND SO ON AND SO FORTH.

THERE IS A LOT OF WORK TO DO TO GET TO WHERE I THINK IT'S GOING TO BE TO A FINAL PRODUCT, AND THE LAST THING I THINK WE WANT TO DO AT THIS TIME IS RUSH THE BIG PICTURE.

WE HAVE AN OPPORTUNITY TO CREATE A SEGMENT, BUT AND I THINK WE'RE ALL INTO THE BIG PICTURE, IT'S JUST, YOU KNOW, TAKING THE TIME TO DO IT RIGHT.

DOCTOR.

YEAH, IF I MAY RESPOND TO THAT JUST BRIEFLY, SO I AGREE WITH YOU, I DON'T THINK ANY OF US WANT TO RUSH THE BIG PICTURE.

SURE, I THINK IT'S MORE ABOUT PROVIDING MORE OPPORTUNITIES FOR THAT CONVERSATION WITH THE COMMUNITY.

AND I THINK IT IS POSSIBLE.

I DO ALSO THINK THAT WHEN WE DO HAVE THIS DISCUSSION, WE CAN DO SO IN A WAY THAT WILL ACHIEVE OUR GOAL OF MAKING SURE WE CAN HAVE THAT CONVERSATION AROUND REALIGNMENT AND ALSO USE OUR FUNDS, I WOULD THINK IN A MORE FISCALLY RESPONSIBLE WAY BY ADDRESSING TWO ITEMS AT ONE TIME, I UNDERSTAND THAT IT MAY TAKE MORE TIME AND A RICHER DISCUSSION AND POTENTIALLY MORE RESOURCES AROUND THE BIGGER VISIONING PROCESS, HOWEVER, IF WE START IT SOONER RATHER THAN LATER, WE DO HAVE THE OPPORTUNITY TO KIND OF TAG TEAM ON THAT DISCUSSION.

SO THAT WAS THE THOUGHT.

IF I'M MISUNDERSTANDING, DEFINITELY FEEL FREE TO CLARIFY.

BUT FROM WHAT I UNDERSTAND, WE ARE ABLE TO MOVE FORWARD WITH THIS DISCUSSION AND DO SO IN A MANNER THAT WOULD ALLOW FOR US TO HAVE BOTH DISCUSSIONS, BUT THEN HAVE A RICHER DISCUSSION LATER ON THE BIGGER VISIONING PROCESS AFTER WE'VE DONE THE REALIGNMENT PIECE OF IT.

I JUST WOULD WANT TO DOUBLE CHECK WITH DEPUTY CITY MANAGER GOMEZ.

I THINK EVEN IF WE KEPT A BIG PICTURE, WE WOULD NEED TO HAVE SOME INVOLVEMENT FROM THE TECHNICAL SIDE JUST TO MAKE SURE THAT WE'RE KIND OF SETTING OUT THE RIGHT PARAMETERS OF THE DISCUSSION.

SO IT WOULD TAKE, I THINK, A LITTLE BIT OF TIME, EVEN IF THEIR TASK WASN'T TO IMMEDIATELY GO AND CREATE DESIGNS.

SO THAT WOULD BE MY ONLY CONCERN IS WE WOULD NEED TO HAVE SOME SOME PARTNERS IN PUBLIC WORKS WHO HAD AVAILABILITY TO SUPPORT THE PROCESS TO A CERTAIN EXTENT.

AND WE ARE HERE TO SERVE, AND SO IF THE CITY COUNCIL SO DIRECTS THAT THIS IS A PRIORITY AND AND REALLY WE DO HAVE SOME SUPPORT WITH REGARD TO WE DO HAVE THE THE FUNDING THAT'S ASSOCIATED WITH AT LEAST THE ONE MILE SEGMENT.

AND SO, WHAT I'M HEARING IS IT'S AN EXTENSION OF THAT FROM A HIGHER LEVEL, STARTING IT OFF AT THIS POINT AND THEN THAT WILL CONTINUE ON ON ITS OWN AS PART OF THE LARGER CROSSBRED REALIGNMENT PROJECT.

BUT FOR THE PURPOSES OF THE GRANT THAT WE'RE WORKING ON IS THAT WE CAN FOCUS IN ON THE ROADWAY, THE ROADWAY RELOCATION, AS WELL AS THE COASTAL USES, AND THEN BE ABLE TO MEET THE FEBRUARY 2023 TIMELINE.

SO I THINK WE WILL BE ABLE TO PROVIDE THAT SUPPORT.

OK, I FEEL LIKE I HAVE GOOD DIRECTION UNLESS THERE'S ANY OTHER COMMENTS.

THANK YOU.

FOR MS. BREWER, DO WE NEED A MOTION TO THAT EFFECT, OR DOES STAFF HAVE ENOUGH DIRECTION? YOU HAVE AN ITEM IN YOUR AGENDA REPORT TO ADOPT A RESOLUTION AND THEN PROVIDE DIRECTION ON PUBLIC ENGAGEMENT, SO YOU NEED TO AT LEAST ADOPT THE RESOLUTION.

AND YOU KNOW, IF MS. RAY FEELS LIKE SHE HAS CLARITY WITHOUT A MINUTE MOTION, THEN WE CAN BRING BACK

[02:35:01]

SOMETHING THAT MEETS YOUR NEEDS.

IF SHE NEEDS MORE CLARITY THAN I'D ASK THAT IT BE PUT IN A MOTION.

I WOULD APPRECIATE A MOTION JUST TO MAKE SURE WE CAN PROPERLY TRACK.

AND THEN IN FAIRNESS TO STAFF, MR. CHADWICK, CAN WE BRING THIS BACK AT A FOLLOWING MEETING SO THAT WE GET THIS RIGHT? BECAUSE THE WAY IT'S LAID OUT HERE, IT'S ONE, TWO OR THREE, AND WHAT I'M HEARING IS A HYBRID OF ALL THREE.

SO AND JUST THINKING FROM YOUR POINT OF VIEW AND THE RESOURCES AND THE TIMING TO DO THIS RIGHT, YOU KNOW, I JUST WANT TO MAKE SURE WE'RE NOT OVERLY CHALLENGING YOU.

AND I BELIEVE THAT THAT WOULD ACTUALLY BE THE MOST PRUDENT COURSE OF ACTION FOR US TO TAKE TO MAKE SURE THAT FROM A BUDGETING PERSPECTIVE AND FROM A STAFF PERSPECTIVE, WE CAN PROPERLY TRACK.

OK, SO WE'LL CONTINUE THIS TO TIME CERTAIN MR. CHADWICK? YEAH, WE CAN CERTAINLY BRING THAT BACK NEXT WEEK.

SIR, MAY I RECOMMEND THAT THE FIRST PORTION BE VOTED ON BY CITY COUNCIL AND THEN WE CAN COME BACK ON THE SECOND PORTION.

SURE, THAT'S OK WITH COUNCIL.

I'LL MOVE THE ADOPTION OF THE RESOLUTION CONTAINED IN AGENDA ITEM NUMBER NINE AGAIN.

CALL ROLL PLEASE.

COUNCIL MEMBER NORBY, AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE, MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE.

THIS ITEM PASSES UNANIMOUSLY.

THANK YOU AND THANK YOU, MR., CHADWICK AND STAFF.

OKAY, MOVING ON TO ITEM 10 UPDATE ON CALIFORNIA, DEPARTMENT OF

[10. UPDATE ON CALIFORNIA DEPARTMENT OF TRANSPORTATION – SAN DIEGO ASSOCIATION OF GOVERNMENTS’ INTERSTATE 5 NORTH COAST CORRIDOR PROGRAM]

TRANSPORTATION, SAN DIEGO ASSOCIATION OF GOVERNMENTS, INTERSTATE 5 NORTH COASTAL CORRIDOR PROGRAM AND I'LL LET MR. CHADWICK YOU MAKE THE INTRODUCTIONS.

[INAUDIBLE] I'M GOING TO ACTUALLY DEFER TO PAZ, PAZ WILL BE MAKING THE INTRODUCTIONS OF OUR SANDAG REPRESENTATIVE.

YES, SIR, WE HAVE WITH US, MR. HOSSEIN AJIDEH, WHO'S OUR ENGINEERING MANAGER, AND WITH THAT WE ALSO HAVE MR. ALLAN KOSUP, WHO IS WITH CALTRANS AS OUR I-5 CORRIDORS, SO WE'LL BE TURNING IT OVER TO MR. KOSUP.

GOOD EVENING, I'M AS PAZ SAID, I'M ALLAN KOSUP, THE I-5 CORRIDOR DIRECTOR, AND WE WANTED TO GIVE YOU AN EXCITING UPDATE ON WHAT YOU'LL SEE A STATUS OF CONSTRUCTION THAT'S OUT THERE NOW, BUT ALSO WHAT YOU'LL SEE OVER THE NEXT SIX MONTHS.

I THINK WE'VE GOT SOME REALLY GOOD MILESTONES COMING FORWARD THAT WE WANTED TO BRING YOU UP TO SPEED ON.

SO WITH THAT, FIRST SLIDE, PLEASE.

AND SO JUST BEFORE WE KIND OF DIVE INTO THE CONSTRUCTION, FOLKS SEE OUT THERE, JUST WANTED TO REMIND FOLKS HOW WE GOT HERE AND ESSENTIALLY ALMOST MORE THAN 10 YEARS AGO, THE COASTAL CITIES CALTRANS SANDAG WORK TOGETHER TO SORT OF HOLISTICALLY PLAN REGIONAL TRANSPORTATION IN THE CORRIDOR, AND THE CORRIDOR RUNS FROM ESSENTIALLY LA JOYA VILLAGE ALL THE WAY TO CAMP PENDLETON BOUNDARY AT THE NORTH END OF OCEANSIDE.

AND THE FOCUS REALLY WAS IN THREE AREAS, RIGHT? COME UP WITH A LONG RANGE APPROACH TO THE HIGHWAY IMPROVEMENTS.

THE COASTAL RAIL IMPROVEMENTS AT THE TIME MORE THAN ABOUT HALF THE RAIL LINE WITH SINGLE TRACK.

AND THEN TO INTEGRATE THAT WITH COASTAL ACCESS AND ENVIRONMENTAL RESOURCE IMPROVEMENTS IN THE LAGOONS AND ASSOCIATED UPLANDS.

AND FROM THAT CAME THE THE OVERALL VISION WAS A 40 YEAR VISION, AND FROM THE FREEWAY PERSPECTIVE, THE ULTIMATE SOLUTION WAS TO ADD TWO ADDITIONAL LANES ON THE FREEWAY, BOTH OF THEM BEING MANAGED LANES SIMILAR TO THE I-15 MODEL IN BOTH DIRECTIONS AND THEN ALSO TO COMPLETE THE DOUBLE TRACK AND COMPLETED NUMBER OF ACRES OF RESTORATION, LAGOON RESTORATION AND HABITAT PRESERVATION.

KNOWING THAT IT WAS A 40 YEAR PLAN AND THE REGION DIDN'T HAVE AND STATE DIDN'T HAVE SUFFICIENT FUNDING TO BUILD IT ALL AT ONE TIME, WE LOOKED AT HOW DO WE BUNDLE AND MOVE FORWARD MEANINGFUL PIECES OF THE PUZZLE.

AND FROM THAT VISION, YOU SAW THINGS LIKE THE POINSETTIA STATION IMPROVEMENTS AND THE ASSOCIATED DOUBLE TRACK.

AND WITH THAT, YOU ALSO SEE THE FREEWAY IMPROVEMENTS AND RAIL IMPROVEMENTS AT THE SOUTH END OF THE CORRIDOR.

NEXT SLIDE.

AND SO OUR APPROACH, YOU KNOW, SOME PROJECTS SPUN OFF AS INDEPENDENT PROJECTS WITH INDEPENDENT CONTRACTORS.

BUT THERE WERE SIX OR SEVEN IMPROVEMENTS THAT REALLY MADE SENSE TO BUNDLE THEM

[02:40:02]

TOGETHER AND TO BRING ON ONE CONTRACTING TEAM AND TO BUILD IT ALL IS ONE PROJECT AND THAT'S WHAT YOU SEE UNDER CONSTRUCTION TODAY.

AND YOU ESSENTIALLY SEE THE EXTENSION OF THE CARPOOL LANES FROM LOMA SANTA FE ALL THE WAY TO SEVENTY EIGHT.

YOU SEE A DOUBLE TRACK PROJECT THAT WE COMPLETED AT SAN ELIJO IN CARDIFF, RESTORATION IN THE SANTA ELIJO LAGOON AND THEN BIKE AND PED IMPROVEMENTS.

AND ONE OF THE APPROACHES ON THAT, ALL IN ALL, THIS IS AN $850 MILLION CONSTRUCTION PROJECT, AND OUR THOUGHTS WERE NOT ALL OF THE $850 MILLION WAS AVAILABLE ON DAY ONE.

WE KNEW THE STATE IN THE REGION HAD CASH FLOW CRUNCHES.

AND SO HOW DO WE PHASE THE CONSTRUCTION TO BRING IT ONLINE TO AS THE MONEY BECAME AVAILABLE, AS WELL AS THE PLANS BECAME AVAILABLE AND THE THOUGHT THERE REALLY WAS FOCUS FIRST ON THE SOUTH? THAT IS SORT OF THE THE BOTTLENECK, SO TO SPEAK.

IT'S THE BOTTOM OF THE FUNNEL.

SO YOU'VE GOT TO FIX THE LAGOON FIRST SO THAT WHEN YOU ADD MORE TRAFFIC TO THE NORTH, THEY HAVE A PLACE TO GO.

AND SO THAT REALLY HAS BEEN OUR APPROACH.

AND THE GOOD NEWS IS, I THINK IT'S DEFINITELY WORKING FOR US, AND NEXT SLIDE.

SO AT THE AT THE SOUTH END, THIS IS AT MANCHESTER THERE, AND YOU SEE THAT THE BRIDGE IS ESSENTIALLY 90 PERCENT COMPLETE, THE ULTIMATE BRIDGE.

AND IF YOU GO OUT THERE TODAY, YOU'LL SEE US ACTUALLY STARTING TO TAKE OUT THE ROCK.

THAT WAS THE PAD THAT WE BUILT THE BRIDGE ON.

AND SO BY THE END OF THIS YEAR, THIS BRIDGE WILL BE OPEN TO TRAFFIC AND THE BOTTLENECK WILL BE RELIEVED.

IN ADDITION, THE ALLOWING US TO BUILD THIS LONGER BRIDGE IMPROVES TITLE FLUSHING IN THE LAGOON.

AND SO THAT'S THE IMPORTANCE, YOU CAN SEE HOW MUCH LONGER THE BRIDGE IS NOW, AND THAT'S THE IMPORTANCE OF THIS MILESTONE OF STARTING TO WORK OUR WAY OUT OF THE LAGOON BY TAKING ALL OF THAT ROCK OUT, THAT DIRT AND RESTORING TIDAL FLUSHING THE LAGOON.

AND TODAY WE'RE ALSO AS A MATTER OF THIS WEEK, WE'RE STARTING TO MOVE OUT OF THE CONSTRUCTION OFFICES THAT ARE ON THE SIDE OF THE HILL.

SO AND THIS PROJECT BROKE GROUND IN 2017, AND AS I SAID, THIS WAS OF ALL OF THE $850 MILLION OF CONSTRUCTION, THIS WAS THE MOST COMPLEX OF THE CONSTRUCTION EFFORT TO KEEP THE LAGOON FLOWING, THE FREEWAY FLOWING, SO THAT'S WHY WE STARTED HERE.

NEXT SLIDE.

SO AS WE PROGRESS OUR WAY NORTH INTO BASICALLY THE NORTH END OF ENCINITAS AND THE SOUTH END OF CARLSBAD, WHAT WE CALL HOV STAGES TWO AND THREE, THAT'S ALSO WRAPPING UP ESSENTIALLY THE INSIDE MEDIAN IS COMPLETE, AND WE'RE WORKING ON THE OUTSIDE AND MOST OF THE LANES ARE ACTUALLY PAVED BEHIND THE RAIL.

AND THE VISION HERE IS NOT THE VISION, BUT THE, YOU KNOW, WE'RE ESSENTIALLY FOUR MONTHS, FIVE MONTHS AWAY FROM OPENING THE CARPOOL LANE FROM CARDIFF LOMA SANTA FE ALL THE WAY UP TO PALOMAR AIRPORT ROAD.

SO WE'RE DEFINITELY ON TRACK BY THE END OF THIS CALENDAR YEAR, BEGINNING OF JANUARY OF NEXT YEAR, WE'LL HAVE ALL THAT, ALL THAT WORK COMPLETE AND OPEN TO TRAFFIC.

NEXT SLIDE.

AS WELL AS THE SOUND WALLS, WE'VE GOT THOSE SOUND WALLS THAT ARE UNDER CONSTRUCTION CLOSER TO PALOMAR AIRPORT ROAD.

AND THEN NEXT SLIDE.

SO THIS BRINGS US ESSENTIALLY TO PALOMAR AIRPORT ROAD, RIGHT? HOW DO WE GET NOW FROM PALOMAR AIRPORT ROAD TO SEVENTY EIGHT? EARLIER THIS YEAR, WE WORKED WITH THE CALIFORNIA TRANSPORTATION COMMISSION AND THEY FREED UP ENOUGH FUNDING TO GET THE INSIDE CONSTRUCTION OF THOSE LANES FUNDED.

LAST WEEK, WE AWARDED THAT CONTRACT TO THE, WE NEGOTIATED THE PRICE AND AWARDED THE CONTRACT WITH FSSW, WHO'S OUR CONTRACTOR OUT THERE.

AND SO BY EARLY TO MID-OCTOBER, WE WILL BE READY TO BREAK GROUND ON THAT CONSTRUCTION SO THAT WE CAN EXTEND THE CARPOOL LANES FROM PALOMAR AIRPORT ROAD, WHICH WILL OPEN IN JANUARY TO SEVENTY EIGHT.

RELATIVE TO THE REST OF THE WORK IN THE CORRIDOR, FROM A CONTRACTOR'S PERSPECTIVE, THIS IS RELATIVELY EASY COMPARED TO SOME OF THE OTHER STUFF WE'VE HAD THEM DO.

SO THE REASON I SAY THAT IS THAT WE'RE VERY CONFIDENT THAT WE CAN COMPLETE THE INSIDE WORK AND OPEN THE CARPOOL LANES IN ESSENTIALLY BY JANUARY OF 2022.

SO ESSENTIALLY 16, 17 MONTHS FROM NOW, WE'LL HAVE THE CARPOOL LANES ALL THE WAY OPEN TO SEVENTY EIGHT.

UM, AND THEN WE'LL FOLLOW THAT UP WITH ONE LAST FUNDING MILESTONE THAT

[02:45:04]

WE NEED TO DO WITH THE COMMISSION, THE CALIFORNIA TRANSPORTATION COMMISSION, WHO IS THE ONES WHO'S FUNDING THE PROJECT.

THEY'LL BE DOING ANOTHER LIFT OF FUNDS, ESSENTIALLY MID-NEXT YEAR JUNE, JULY, AND THAT WILL ALLOW US TO BEGIN THE WORK ON THE OUTSIDE OF THE FREEWAY.

SO THIS FIRST CONSTRUCTION THAT YOU'LL SEE COMING UP IN THE NEXT MONTH OR TWO FOCUSED ON THE INSIDE.

ESSENTIALLY, WE'LL SET BARRIER ON THE MIDDLE, WILL MOVE TRAFFIC TO THE OUTSIDE SO THAT WE CAN WORK BEHIND THE BARRIER.

A YEAR FROM NOW, WE'LL OPEN THE MIDDLE AND WORK ON THE OUTSIDE WHEN WE GET TO THE OUTSIDE.

IMPROVEMENTS INCLUDE AUXILIARY LANE, SOUTHBOUND AUXILIARY LANES CANNON TO PALOMAR AIRPORT ROAD AND THEN NORTHBOUND PALOMAR TO POINSETTIA, AS WELL AS SOME IMPROVEMENTS BETWEEN LAS FLORES AND 78 THAT ARE ON THE OUTSIDE OF THE FREEWAY.

WE'LL ALSO BEGIN THE LAST SOUTH WALL AT THAT PERIOD OF TIME, AND THEN WE CAN ALSO BEGIN THE CHESTNUT IMPROVEMENTS, ESSENTIALLY JULY OF 22.

SO IT'S ALL BECOMING TOGETHER.

WE HOPE TO BE OUT OF THIS AREA COMPLETE WRAPPED UP BY THE END OF 2023.

NEXT SLIDE.

I DID WANT TO TOUCH ON A COUPLE OF YOU KNOW, FEATURES THAT WHAT WE CALL PHASE FOUR.

SO THAT AREA BETWEEN PALOMAR AND 78, WE REFER TO IT AS PHASE FOUR.

INCLUDED IN THAT IS THE CHESTNUT AVENUE IMPROVEMENTS AND LIKE WE MAY HAVE MENTIONED AT PREVIOUS MEETINGS.

BUT THE IDEA HERE IS SIMILAR TO WHAT FOLKS CAN SEE IN ENCINITAS, BOTH AT ENCINITAS BOULEVARD AND SANTA FE, WHERE WE'RE PUSHING OUT THOSE EXISTING WALLS UNDER THE UNDER CROSSING SO THAT WE CAN GET ENHANCED SIDEWALK IN A BIKE AREA.

WE'RE ALSO WORKING WITH THE CITY TO INTEGRATE ART INTO THE FINAL PRODUCT.

SO AGAIN, ABOUT A YEAR FROM NOW, THIS WILL BEGIN CONSTRUCTION.

NEXT SLIDE.

WE DO HAVE WE KNOW THAT CONSTRUCTION IS ALWAYS AND WE APPRECIATE EVERYONE'S PATIENCE ON TWO THREE.

IT'S BEEN GREAT, IT'S BEEN A GREAT COLLABORATION WITH YOUR STAFF AND WITH THE PUBLIC.

WE ALWAYS KNOW THERE'S A LOT OF CONCERNS WHEN WE BREAK GROUND AS IT RELATES TO NOISE AND DUST AND SO FORTH, SO THAT WE CAN ANSWER QUESTIONS AND JUST LET FOLKS KNOW WHAT WE'RE UP TO.

WE DO HAVE A VIRTUAL OPEN HOUSE PLANNED FOR NEXT WEDNESDAY, SO WE WANT TO GET THE WORD OUT FOR THAT.

NEXT SLIDE.

AND ANOTHER SORT OF ENHANCEMENT OR FEATURE THAT PEOPLE WILL BE SEEING WITH CONSTRUCTION, WE JUST WANT TO RAISE AWARENESS OF.

WE'RE CONSTANTLY WORKING HARD TO REDUCE SPEEDS THROUGH CONSTRUCTION ZONES AND ESPECIALLY WITH COVID.

PRE-COVID OR POST-COVID, WE'VE NOTICED THAT SPEEDS HAVE REALLY INCREASED AND THROUGH, ESPECIALLY THROUGH CONSTRUCTION ZONES OR LATE AT NIGHT.

AND SO WE'VE BEEN TRYING DIFFERENT THINGS.

AND, YOU KNOW, THE 55 MILE AN HOUR SPEED LIMIT THROUGH THE CONSTRUCTION AREA WILL EXTEND THAT INTO PHASE FOUR.

WE'RE ALSO PILOTING SOME NEW ORANGE STRIPE, WHICH OTHER STATES HAVE BEEN USING SUCCESSFULLY.

SO WE'RE GOING TO TRY A COUPLE OF DIFFERENT CONFIGURATIONS ON PHASE FOUR.

THIS ORANGE STRIPE PATTERN WILL SORT OF SHADOW THE WHITE STRIPE.

NEXT SLIDE.

AND WE ALSO HAVE THIS SCENARIO THAT WILL BE PILOTING, WHICH HAS ORANGE STRIPES BETWEEN THE WHITE STRIPES, BUT ESSENTIALLY IT'S JUST TO RAISE AWARENESS THAT FOLKS ARE IN A CONSTRUCTION ZONE AND THEY SHOULD BE LOOKING FOR DIFFERENT, YOU KNOW, DIFFERENT DETOURS OR DIFFERENT MOVEMENTS THAN THEY'RE USED TO.

NEXT SLIDE.

SO JUST IN SUMMARY, WE'VE GOT THE VIRTUAL OPEN HOUSE FOR PHASE FOUR PLANNED SEPTEMBER 22ND NEXT WEDNESDAY.

WE'VE GOT THE SEGMENT FOR GROUNDBREAKING, PROBABLY PLANNED FOR THE FIRST WEEK IN OCTOBER.

FOR FIFTH OR SIXTH, I BELIEVE WILL BE OPEN TRAFFIC MANCHESTER TO PALOMAR AIRPORT ROAD JANUARY 22, JUST A FEW MONTHS FROM NOW.

AND THEN WE'LL GET IT ALL THE WAY OPEN TO SEVENTY EIGHT.

A YEAR LATER, JANUARY OF 23 CONSTRUCTION IMPACTS TO EXPECT SORT OF IN THE FIRST SIX MONTHS OF PHASE FOUR.

THE FIRST THING THAT WE END UP DOING IS, AS I SAID, SHIFTING TRAFFIC AWAY FROM THE MEDIAN SO THAT WE CAN GET BARRIERS IN.

AND THIS IS WHAT WE DID ON UNIT TWO AND THREE IS VERY SIMILAR.

UNFORTUNATELY, THERE'S GRINDING ASSOCIATED WITH THAT ON THE OUTSIDE.

THE GOOD NEWS IT'S, THE BAD NEWS IS IT CAN BE LOUD.

SO WE WORK WITH THE COMMUNITIES AND WE'LL GIVE ADVANCE NOTICE.

THE BAD NEWS IS BECAUSE OF WE HAVE TO CLOSE A LANE, IT USUALLY HAPPENS AT NIGHT.

IT IS NOT A LONG TERM ACTION.

[02:50:02]

IT'S USUALLY JUST A NIGHT OR TWO IN FRONT OF EACH COMMUNITY.

SO WE DO WORK WITH THE COMMUNITY AHEAD OF TIME, GIVE THEM A HEADS UP AND WE TRY TO GET OUT OF THERE AS QUICKLY AS POSSIBLE.

ONCE WE GET THAT DONE, I THINK THAT WILL BE THE MOST SIGNIFICANT CONSTRUCTION IMPACT IN THE SHORT TERM.

LONG TERM A YEAR FROM NOW WILL BE WORKING ON A LOSS FOR SUPER CLOSURE.

WE'VE BEEN DOING THOSE ON ALL THE INTERCHANGES IN BOTH ENCINITAS AND AND CARLSBAD.

THEY'VE BEEN WORKING GREAT WHERE WE CLOSE FOR A WEEKEND.

WE GET IN, GET OUT.

WE TRY TO LIMIT THE DISTURBANCE AND I THINK WE'VE BEEN WORKING WITH THE PUBLIC OUTREACH.

WE'VE NOT HAD ANY REAL COMPLAINTS TO SPEAK OF ON THOSE WEEKEND CLOSURES BECAUSE WE GET OUT IN FRONT OF THEM EARLIER.

THIS LAS FLORES ONE COULD BE LONGER THAN A WEEKEND.

WE REALLY HAVEN'T WORKED OUT THE SPECIFICS WITH THE CONTRACTOR YET.

IT'S JUST, IT'S PROBABLY JUST IN THE NORTHBOUND DIRECTION NORTHBOUND ON RAMP.

SO WHEN WE GET SOME MORE INFORMATION, WE'LL COME BACK AND TALK TO YOU ABOUT IT.

LAST SLIDE.

AND I DO WANT TO KIND OF SORT OF HIGHLIGHT WHAT WE LEARNED ON NORTH COAST CORRIDOR IN THIS IDEA OF SORT OF HOLISTIC PLANNING.

AND NOW WE'RE TAKING THAT IDEA OF SYSTEM PLANNING.

WE'RE TAKING THAT TO 78 AND THE SPRINTER LINE AND THE ARTERIALS.

AND SO THIS IDEA OF THESE COMPLETE CORRIDOR MANAGEMENT PLANS.

78 IS OUR NEXT PRIORITY, AND SO WE'VE BEEN WORKING WITH YOUR STAFF TEAM, PROBABLY FOR THE LAST 18 MONTHS.

AND THE IDEA IS, IS DEVELOPING, YOU KNOW, IT'S THE BRIDGE BETWEEN THE POLICY STATEMENTS AND THE VISION THAT'S IN THE RTP.

IT'S THE BRIDGE TO WHAT YOU'RE WORKING ON AT THE COMMUNITY LEVEL.

THE GENERAL PLANS AND COMES UP WITH A COMPREHENSIVE IMPLEMENTATION PLAN.

WHAT NEEDS TO GET BUILT FIRST? WHAT ARE THE CHARACTERISTICS, THE THRESHOLDS THAT ENABLED US TO WORK TOGETHER TO PUT THESE THINGS IN PLACE? SO, YOU KNOW, I THINK IT WORKED REALLY WELL ON KOESTER AND I-5 AND EXCITED TO TRY WHAT WE LEARNED THERE AND EXTEND THAT ON TO 78 AND SPRINTER AND COASTAL RAIL TRAIL OR, I'M SORRY, THE INLAND RAIL TRAIL.

SO BY THE END OF THIS, WELL, PROBABLY THE END OF THIS CALENDAR YEAR OR EARLY NEXT YEAR, WE'LL BE BRINGING YOU BACK SOME OF THE EARLY RESULTS OF THE OF THE [INAUDIBLE].

SO THAT CONCLUDES THE MY PRESENTATION AND OPEN TO ANY QUESTIONS.

OK.

DO WE HAVE ANY PUBLIC COMMENT ON THIS ITEM? THERE ARE NO PUBLIC SPEAKERS.

OK, ANY QUESTIONS FROM COUNCIL? I'VE GOT A COUPLE.

WE'RE TALKING ON A NATIONAL LEVEL OF PUTTING QUITE A BIT OF MONEY INTO INFRASTRUCTURE.

AND I KNOW THE I-5 CORRIDOR HAS ALWAYS BEEN THE QUESTION OF THE MONEY AND TRYING TO GET THE CASH FLOW TO BUILD IT OUT.

IS THERE ANY PLAN IF CALIFORNIA GETS THEIR FAIR SHARE OF MONEY TO GO AHEAD AND ACCELERATE THE BUILDOUT OF I-5 BECAUSE IT DOES HAVE ALL OF ITS ENVIRONMENTAL PERMITS AND IT'S PRETTY MUCH BASICALLY READY TO GO? YEAH, I MEAN, I THINK THAT'S A WE HAVE A LOT OF COMPETING PRIORITIES IN THE REGION AND ULTIMATELY RETURNED TO SANDAG BOARD AND ASK FOR THOSE POLICIES FOR THOSE PRIORITIES AND WHAT PROJECTS WE SHOULD MOVE FORWARD WITH.

JUST LOOKING EVEN TO 78, YOU KNOW, WE'VE GOT A NUMBER OF ENVIRONMENTAL DOCUMENTS, WE'RE WORKING ON THERE AS WELL.

THERE'S A NUMBER GOOD PROJECTS IN SOUTH BAY.

SO THE GOOD NEWS IS WE HAVE A LOT OF GOOD PROJECTS COMPETING FOR THAT NATIONAL FUNDS.

I'M NOT EXACTLY SURE HOW THE REGION WOULD PRIORITIZE THOSE.

OK, FROM A TIMING QUESTION.

WHAT WE'RE GOING TO COMPLETE IS 10 LANES TO SEVENTY EIGHT BY 2022.

YOU'RE GETTING, YEAH, 10 LANES, EIGHT PLUS TWO, EIGHT GENERAL PURPOSE LANES, AND THEN THE TWO NEW LANES WOULD BE CARPOOL LANES, HOV.

OK, AND THE I-5 IS SUPPOSED TO BE 12 LANES WIDE.

IT WOULD ULTIMATELY BE EIGHT PLUS FOUR, YES.

AND SO WHAT'S THE TIMING ON THE NEXT TWO? THAT WOULD BE CONTINGENT ON REGIONAL FUNDING.

OK, SO AGAIN, AND I THINK THIS WAS PASSED BY THE COASTAL COMMISSION AND ALL THAT ABOUT 2008, SO THIS PROJECT HAS BEEN IN THE PIPELINE NOW FOR 12 13 YEARS WAITING FOR FUNDING, SO IT SEEMED TO ME THAT IT WOULD HAVE TO HAVE SOME SORT OF PRIORITIZATION, WOULD IT NOT? YEAH, I MEAN, THERE'S A LOT OF COMPLEXITIES NOW WITH TRANSPORTATION IN TERMS OF REGIONS MAKING THEIR VMT TARGETS, VEHICLE MILES TRAVELED TARGETS, YOU KNOW,

[02:55:01]

IN JUST A GENERAL RETHINKING OF WHAT'S THE MOST EFFECTIVE TRANSPORTATION IMPROVEMENTS THAT A REGION CAN AND THE STATE WE'RE ALL WORKING TOGETHER ON ACHIEVING THOSE GOALS.

SO, YOU KNOW, IT'S A HARD QUESTION TO ANSWER RIGHT NOW.

AND I'M GLAD YOU BROUGHT UP THE VEHICLE MILES TRAVELED, YOU KNOW IT DOESN'T GO UNNOTICED THAT THERE'S A LOT OF PASS THROUGH TRAFFIC COMING FROM THE NORTH.

YOU CAN REALLY SEE IT ON THURSDAY, FRIDAY, SATURDAYS, WHERE, YOU KNOW, COMING INTO OCEANSIDE, IT'S BACKED UP THREE TO FIVE MILES CONTINUOUSLY.

DO WE DO WE TRACK THE PASS THROUGH TRAFFIC COMING FROM THE NORTH AND COMING FROM THE SOUTH? WE DO.

AND THAT'S SORT OF A NEW TECHNOLOGY.

NOW THAT WE HAVE, WE WE ACTUALLY WORK WITH CELL PHONE COMPANIES TO UNDERSTAND WHERE THE CELL PHONES ARE COMING FROM.

IT'S ALL ANONYMOUS, BUT WE CAN SEE PATTERNS AND WE CAN SEE WHAT PERCENTAGE OF THE TRAFFIC IS COMING FROM OUTSIDE THE REGION.

VERY HELPFUL ON OUR WEEKENDS.

WE ACTUALLY CARRY HIGHER VOLUMES ON THE WEEKENDS THAN WE DO ON THE WEEKDAYS IN SOME AREAS.

SO YOU'RE SPOT ON.

SO, SO REALLY, IT'S A FAIR STATEMENT TO SAY THEN IT, A LARGE PORTION OF THE VEHICLES MILES TRAVELED OR NOT GENERATED WITHIN OUR CITIES, BUT IT'S ACTUALLY GENERATED OUTSIDE OUR CITIES PASSING THROUGH.

YEAH, I MEAN, WE HAVE GOOD MOVEMENT.

WE HAVE OTHER CITIES FOR RECREATION AND TOURISM.

WE HAVE JOBS, BUT THEY'RE COMING TO AND FROM.

SO IT'S REALLY A MIX OF DIFFERENT USERS.

OK.

OK, I JUST WANT TO THANK YOU, I KNOW I KNOW, IT'S ALWAYS A CHALLENGE.

I MEAN, I'VE BEEN PART OF SANDAG FOR GOD I LOST COUNT 12 14 YEARS.

SO AND IT'S ALWAYS, YOU KNOW, IT'S ALWAYS INTERESTING HOW YOU DO YOUR PRIORITIES AND STUFF.

IT'S FUN.

IT'S A FUN AGENCY TO WORK IN, SO AND I CAN'T THANK YOU ENOUGH FOR COMING UP TONIGHT AND MAKING THIS PRESENTATION.

AND I'VE ALWAYS LOOKED FORWARD TO WORKING WITH YOU AND THANKS AGAIN FOR DOING THIS FOR US.

SO ANYONE ELSE, LAST CHANCE FOR QUESTIONS? MR. NORBY.

THANK YOU, YOU KNOW, IN SOME OF MY PRIOR WORK, I GOT TO ENJOY AND BE PART OF THE WONDERFUL ARTWORK THAT APPEARED ON SANTA FE, AND I HEARD ARTWORK ON CHESTNUT AND LOVE THAT STREET AS A BIKE RIDER, OBVIOUSLY.

AND SO I GUESS SO, IS THAT A, YOU KNOW, IT'S A COOPERATION WITH THE LOCAL ARTS COMMUNITY AND SANDAG? AND IS THAT PROJECT WELL UNDERWAY OF BEING DESIGNED OR BEING THOUGHT ABOUT IN TERMS OF THE CITY'S ARTS OFFICE OR WHAT'S GOING ON THERE? I GUESS, IS THIS QUESTION I WOULD ASK BECAUSE THAT PROJECT SET THE THE PROJECT ON SANTA FE'S BEAUTIFUL PROJECT, AND I'D LOVE TO SEE SOMETHING EQUALLY AS BEAUTIFUL ON CHESTNUT AND I'LL GO AHEAD AND CHIME IN, SIR.

SO WE HAVE BEEN WORKING WITH CALTRANS AND SANDAG TEAM, ALONG WITH OUR LIBRARY AND CULTURAL ARTS TEAM ON THE POSSIBILITY OF HAVING PUBLIC ART AND HAD REQUESTED DURING THE CIP BUDGET DEVELOPMENT PROCESS ONE HUNDRED THOUSAND DOLLARS THIS FISCAL YEAR ON THAT EFFORT.

AND SO, AS I UNDERSTAND IT, THE LIBRARY AND CULTURAL ARTS TEAM IS GOING TO MOVE FORWARD WITH A REQUEST FOR ARTISTS TO START THAT PROCESS.

SO YES, SIR, WE ARE WORKING HAND IN GLOVE WITH THE SANDAG AND CALTRANS TEAM.

WELL, THANK YOU FOR THAT, AND MY EXPECTATIONS ARE VERY HIGH.

YES, SIR, AND DEFINITELY THE LIBRARY AND CULTURAL ARTS TEAM ARE EXCITED ABOUT IT AND WILL BE MOVING FORWARD AND CERTAINLY WILL KEEP CITY COUNCIL INFORMED.

COUNCIL MEMBER ACOSTA.

YES, THANK YOU, AND THANK YOU, MR. KOSUP FOR THE PRESENTATION.

I JUST HAD A QUICK QUESTION ABOUT THE ENVIRONMENTAL ENHANCEMENTS AROUND THE BATIQUITOS AREA, AND I SAW THAT IN THE PACKET AND YOU BRIEFLY MENTIONED IT, BUT I WAS JUST WONDERING IF YOU COULD GIVE US A STATUS UPDATE ON THOSE 50 ACRES OF NATIVE HABITAT THAT ARE BEING PRESERVED AND RESTORED AND THEN THE TWENTY ONE ACRES OF COASTAL HABITAT THAT IS BEING PRESERVED.

IS IT ALL ALREADY SET ASIDE AND BEING PRESERVED? AND WE'RE GOOD, NOTHING MORE TO DO, NO RESTORATION ON THAT? YOU KNOW, THE HABITAT HAS BEEN RESERVED AND PUT ASIDE, THERE IS MONEY THAT THE REGION CONTRIBUTES TO THE ONGOING OPERATIONS MAINTENANCE OF THE BATIQUITOS LAGOON, AND SO WE ACTUALLY FUND DREDGING PERIODIC DREDGING, YOU KNOW, TO MAKE SURE THAT WE KEEP THE TIDAL FLUSHING GOING.

BUT THERE'S NO ACTUAL NEW CONSTRUCTION IN BATIQUITOS.

[03:00:01]

IN THE LONG TERM, TO THE MAYOR'S QUESTION ABOUT WHEN WE GO TO FOUR LANES, WE'RE ULTIMATELY GOING TO HAVE TO REPLACE THE BATIQUITOS BRIDGE ON I-5, JUST LIKE WE DID AT MANCHESTER.

SO BUT BUT THAT'S IN THE SECOND PHASE.

I SAW SOME ALLUSION TO THAT AS WELL, SO THANK YOU, THANK YOU FOR THE COMPREHENSIVE PRESENTATION AND WE LIKE HAVING THIS KIND OF PUBLIC FORUM WHERE YOU COME TO THE COUNCIL.

BUT WE'VE GOT VIEWERS AND WE'VE GOT PEOPLE IN THE PUBLIC WHO ARE LEARNING THINGS AND THEY CAN TELL THEIR FRIENDS.

AND I ALSO APPRECIATE THE OPEN HOUSE, THE VIRTUAL PUBLIC INPUT AND OUTREACH THAT YOU ALL DO.

SO THANK YOU FOR ALL OF THAT.

THANK YOU.

AND WE THANK YOU, THANK YOU FOR COMING TONIGHT.

SO MOVING ON TO THE LAST ITEM, IT'S A MAYORAL APPOINTMENT OF A MEMBER TO

[11. MAYORAL APPOINTMENT OF ONE MEMBER TO THE TRAFFIC & MOBILITY COMMISSION]

THE TRAFFIC AND MOBILITY COMMISSION.

AND DO WE HAVE ANY SPEAKERS ON THIS TONIGHT? THERE ARE NO SPEAKERS ON THIS ITEM MAYOR.

SO THEN WITH THAT, I WILL NOMINATE GILBERT ALVARADO.

SECOND IN DISTRICT ONE.

OK.

COULD YOU PLEASE CALL ROLL? COUNCIL MEMBER NORBY, AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL AYE .

MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE.

SO THIS PASSES UNANIMOUSLY, THANK YOU.

AND WE MOVE ON TO COUNCIL COMMENTS, AND LET'S START OFF WITH MR.

[COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]

NORBY TONIGHT.

ANY FINAL COMMENTS? THANK YOU, MAYOR.

NO, I JUST, I'LL KEEP IT REALLY BRIEF.

JUST THANK YOU TO MY COLLEAGUES FOR LISTENING ON AN ITEM THAT WAS SOMEWHAT DIFFICULT TO DEAL WITH, AND I AM STILL RAMPING UP, SO FORGIVE ME.

IN ANOTHER WEEK OR SO I'LL BE I'LL BE HOPEFULLY IN A MORE NORMAL SITUATION, BUT I APPRECIATE YOUR SUPPORT, YOUR SUPPORT STAFF SUPPORT, AND THAT CONCLUDES MY COMMENTS.

COUNCIL MEMBER ACOSTA.

THANK YOU, JUST REALLY BRIEFLY, WE HAD A LEGISLATIVE SUBCOMMITTEE MEETING THIS MORNING, AND I JUST WANTED TO SHARE THAT WE'VE BEEN WORKING REALLY HARD TO ADVOCATE FOR THE CITY.

WE'VE GOTTEN SOME, SOME GOOD WINS AND SOME OTHERS THAT WERE JUST WE HOPE THAT SOME OF THIS LEGISLATION ISN'T GOING TO REALLY AFFECT US AS MUCH AS WE FEAR THAT IT MIGHT AND WE'VE BEEN FIGHTING AGAINST IT.

AND ONE OF THOSE I MENTIONED BEFORE IS SB NINE.

THAT'S THE ONE BY SENATOR ATKINS, AND WE'RE SO LUCKY TO HAVE STATE REPRESENTATIVES.

ASSEMBLY MEMBER JOSHUA BERNARD HORVATH AND SENATOR PAT BATES THAT BOTH VOTED AGAINST THAT ONE.

IT REALLY WILL LIMIT FURTHER OUR ABILITY TO TO DO THE LAND USE THAT WE NEED TO DO AT THE LOCAL LEVEL.

SO BASICALLY, ALMOST ALL THE CITIES IN CALIFORNIA HAVE SIGNED ON TO A LETTER OPPOSING, AND A LETTER TO THE GOVERNOR ASKING HIM TO VETO THAT LEGISLATION.

SO WE'RE HOPEFUL, BUT EVEN IF IT DOES GET SIGNED, WE HAVE A BACKUP PLAN, YOU KNOW, TO WORK NEXT YEAR ON SOME CLEANUP LEGISLATION THAT WOULD MAKE IT NOT BE SO HARSH.

SO WE'LL CONTINUE WORKING ON IT, AND I WILL BE GOING UP TO SACRAMENTO LATE NEXT WEEK FOR SOME SOME MEETINGS WITH OTHER CITIES THROUGH THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, BUT I WILL SEE YOU BEFORE THEN, BECAUSE THAT'S LATE NEXT WEEK.

BUT I JUST WANT TO REPORT OUT FROM THE LEGISLATIVE SUBCOMMITTEE MEETING THIS MORNING, THANK YOU.

UH, DR. BHAT-PATEL.

YEAH, THANK YOU, SO JUST BRIEFLY, I KNOW THAT THIS WEEKEND THERE IS A COASTAL CLEANUP THAT FOLKS CAN TAKE PART IN THAT I KNOW THAT THE CITY HAS BEEN PUTTING OUT SOME COMMUNICATIONS ON, SO IT'S MORE ONE WHERE FOLKS CAN DO SO IN THE COMFORT OF THEIR OWN FAMILIES AND LOVED ONES OR JUST GO OUT ON THEIR OWN.

SO JUST WANTED TO THROW THAT OUT THERE THAT IF YOU'RE ABLE TO PARTICIPATE ON SEPTEMBER, YOU CAN DO SO FOR THOSE CELEBRATING YOM KIPPUR, JUST WANTED TO MENTION THAT I KNOW THAT THAT'S HAPPENING THIS WEEK, AND THEN I WILL ALSO BE AT THE LEAGUE OF CALIFORNIA CITIES MEETING NEXT WEEK AS WELL.

AND IT WILL BE REPRESENTING THE SAN DIEGO DIVISION ALSO.

SO JUST WANTED TO LET FOLKS KNOW.

BUT I KNOW THAT COUNCIL MEMBER ACOSTA WILL BE OUR VOTING MEMBER, SO I'M LOOKING FORWARD TO THAT.

MR. BLACKBURN.

I DON'T HAVE ANYTHING THANK YOU.

AND JUST A COUPLE OF THEIR COMMENTS ON THE LEDGE COMMITTEE, ONE OF THE THINGS AND I WANT

[03:05:01]

TO GIVE CREDIT TO COUNCIL MEMBER ACOSTA, IS OBVIOUSLY WE FOLLOW LEGISLATION AND TRY TO SUPPORT THOSE THINGS THAT ARE IMPORTANT TO US AND, YOU KNOW, TRY AND COMPROMISE AT BEST ON THOSE THAT WERE NOT IN SUPPORT OF.

BUT MORE IMPORTANTLY, SHE BROUGHT UP A DISCUSSION IN OUR MEETING THIS MORNING ABOUT HOW TO BE MORE PROACTIVE.

AND SO AS WE THINK ABOUT, YOU KNOW, SOME OF THE WISHES THAT WE HAVE IN THE COMMUNITY AND TONIGHT WAS A GOOD EXAMPLE WHEN WE WERE TALKING ABOUT A THREE AND A HALF MILE LINEAR PARK AND COASTAL PRESERVATION AND, YOU KNOW, TRENCHING OF THE TRACKS AND SO ON AND SO FORTH IS START TO TAKE A MORE PROACTIVE APPROACH.

AND SO WE'LL BE COMING BACK TO COUNCIL TO BROADEN THAT CONVERSATION, TO GET EVERYONE'S INPUT AS TO, YOU KNOW, WHAT'S ON YOUR WISH LIST OR WHAT DO YOU THINK IS ON THE COMMUNITY'S WISH LIST THAT WE CAN GO OUT AND PROACTIVELY START WORKING WITH OUR LEGISLATORS TO TRY AND PUSH SOME OF THOSE THINGS FORWARD.

SO I JUST WANT TO GIVE CREDIT TO COUNCIL MEMBER ACOSTA FOR TAKING THAT ON AND BEING IN, YOU KNOW, BRINGING THAT UP.

SO WITH THAT, I DON'T THINK IN THE NEXT WEEK YOU'RE GOING TO FIND MORE THAN TWO OF US AT ANY EVENT.

SO I HAVE NOTHING TO REPORT OUT THERE.

MR. CHADWICK, ANY THOUGHTS?

[CITY MANAGER COMMENTS]

NOTHING TO REPORT ASIDE TO SAY THAT NEXT MEETING WILL BE SEPTEMBER 21.

OK, AND MS. BREWER.

NOTHING THANK YOU.

OK, CITY CLERK.

NOTHING, THANK YOU.

OK, WELL, WITH THAT, THEN WE STAND ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.