[00:00:05] AND IF THE CLERK COULD PLEASE TAKE ROLL. [CALL TO ORDER] COUNCIL MEMBER NORBY, HERE, COUNCIL MEMBER ACOSTA, HERE, COUNCIL MEMBER BHAT-PATEL, HERE. PRO TEM BLACKBURN, PRESENT, MAYOR HALL, HERE. LET THE RECORD SHOW THAT ALL FIVE COUNCIL MEMBERS ARE PRESENT. TONIGHT THE CITY COUNCIL IS SERVING AS THE CITY OF CARLSBAD CITY COUNCIL AND THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS ON CONSENT ITEM NUMBER SIX. AND WITH THAT, IF MR. BLACKBURN, COULD YOU LEAD US IN THE PLEDGE? HE'S JOINED ME IN THE PLEDGE TO OUR FLAG. SO WE DID HAVE A CLOSED SESSION, MS. BREWER, DO YOU WANT TO REPORT OUT ON THE CLOSED SESSION? AND YOU'RE ON YOUTUBE. AND YOU'RE STILL ON MUTE TOO. THERE YOU GO. THANK YOU, I'M SORRY, WE HAVE NO REPORTABLE ACTION AT THIS TIME. OK, MOVING RIGHT ALONG. WE DO NOT HAVE MINUTES BUT WE DO HAVE A PRESENTATION AND TONIGHT'S PRESENTATION [PRESENTATIONS] IS GOING TO BE PRESENTED BY COUNCIL MEMBER ACOSTA, YOU'RE UP. WONDERFUL, THANK YOU SO MUCH. I'LL BE PRESENTING A PROCLAMATION. I BELIEVE THE RECIPIENTS ARE CARLSBAD CHAMBER OF COMMERCE AND CARLSBAD VILLAGE ASSOCIATION HERE. I'M VERY EXCITED TO BE THE LUCKY ONE TO MAKE THE PRESENTATION TONIGHT BECAUSE I'M A SMALL BUSINESS OWNER AND ACTIVE WITH THE CHAMBER, AND I HAVE MY BUSINESS HERE FOR OVER 10 YEARS, SO I'M A BIG BELIEVER. I'M ALWAYS TALKING ABOUT SUPPORTING SMALL AND LOCAL BUSINESS. THIS PROCLAMATION IS FOR SMALL BUSINESS SATURDAY. THAT'S NOVEMBER 27, 2021 AND I'VE GOT THE PROCLAMATION RIGHT HERE, SO I'LL GO AHEAD AND READ IT TO YOU WITH ITS WHEREAS IS. WHEREAS THE CITY OF CARLSBAD CELEBRATES OUR LOCAL SMALL BUSINESSES AND THE CONTRIBUTIONS THEY MAKE TO OUR LOCAL ECONOMY AND COMMUNITY. AND WHEREAS SMALL BUSINESSES REPRESENT 98 PERCENT OF ALL FIRMS IN CARLSBAD AND ARE RESPONSIBLE FOR FORTY THOUSAND SIX HUNDRED TWENTY EIGHT JOBS IN THE CITY. I HOPE YOU CAUGHT THAT, IT'S AMAZING. WHEREAS SMALL BUSINESSES HERE IN CARLSBAD AND ACROSS THE COUNTRY WERE ESPECIALLY HARD HIT BY THE COVID 19 HEALTH EMERGENCY DUE TO LOWER CONSUMER CONFIDENCE, HEALTH ORDER RESTRICTIONS AND OTHER COVID IMPACTS. AND WHEREAS NATIONALLY, NINETY SIX PERCENT OF CONSUMERS WHO SHOP ON SMALL BUSINESS SATURDAY AGREE THAT SHOPPING AT SMALL, INDEPENDENTLY OWNED BUSINESSES SUPPORTS THEIR COMMITMENT TO MAKING PURCHASES THAT HAVE A POSITIVE SOCIAL, ECONOMIC AND ENVIRONMENTAL IMPACT. AND MOST OF THE CONSUMERS AGREE THAT SMALL BUSINESSES ARE ESSENTIAL TO THEIR COMMUNITY. AND WHEREAS, ACCORDING TO THE SMALL BUSINESS ADMINISTRATION, THERE ARE THIRTY POINT SEVEN MILLION SMALL BUSINESSES IN THE UNITED STATES, WHICH EMPLOY AN ESTIMATED FORTY SEVEN POINT THREE PERCENT OF THE EMPLOYEES IN THE PRIVATE SECTOR. NOW, THEREFORE, I WITH GREAT PRIDE COUNCIL MEMBER ACOSTA ON BEHALF OF THE MAYOR AND CITY COUNCIL, DO HEREBY PROCLAIM NOVEMBER 27, 2021 THE SATURDAY AFTER THANKSGIVING TO BE SMALL BUSINESS SATURDAY IN THE CITY OF CARLSBAD. CONGRATULATIONS. IF YOU'D LIKE TO SAY A FEW WORDS, NOW WOULD BE THE TIME. I'LL JUST SAY, REAL BRIEFLY, I WAS GOING TO SHARE SOME OF THE STATISTICS THAT COUNCILWOMAN ACOSTA SHARED ALREADY, BUT THAT'S GREAT AS SHE SAID, SMALL BUSINESSES MAKE UP THE BULK OF OUR COMMUNITY AND THE BULK OF AMERICA, SO WE APPRECIATE THIS. AND WE'RE REALLY HAPPY TO BE BRINGING BACK THE GIFT CARLSBAD PROGRAM FOR A NEW TWO GIFT CARLSBAD 2.0 FOR THE HOLIDAY SEASON TO SUPPORT THOSE SMALL BUSINESSES AND ENCOURAGE PEOPLE TO SHOP IN OUR LOCAL COMMUNITY. SO WE'RE EXCITED TO BE PROMOTING THAT AND BRINGING THAT BACK, BUT HAPPY TO BE HERE. THANK YOU SO MUCH. THANK YOU, MISS DAVIS. ABSOLUTELY, WELL, I ABSOLUTELY LOVE YOUR ENTHUSIASM AS A FELLOW SMALL BUSINESS OWNER, I COULD HEAR IT IN YOUR VOICE. AND I COME FROM A LONG LINE OF ENTREPRENEURS, SO I SHARE YOUR, I SHARE YOUR FEELINGS. YOU KNOW, EVERYTHING THAT WE DO IS FOR THE SOLOPRENEURS IN OUR VILLAGE, THE MOM AND POP SHOPS, THE ENDURING FAMILY BUSINESSES. SO THIS IS ACTUALLY VERY SPECIAL. [00:05:01] WE'D LIKE TO INVITE ALL OF YOU AND ANYONE LISTENING DOWN TO THE VILLAGE ON NOVEMBER 27TH FOR SMALL BUSINESS SATURDAY, FROM 10 O'CLOCK TO FIVE O'CLOCK, WE'VE GOT A 10 A.M. TO FIVE P.M. WE HAVE A GREAT DAY PLANNED WITH LIVE MUSIC. THE CARLSBAD HIGH SCHOOL JAZZ ENSEMBLE WILL BE DOING A HOLIDAY CONCERT AND WE'RE GIVING AWAY OVER $2500.00 WORTH OF GIFT CARDS TO OUR VILLAGE RESTAURANTS AND TAP ROOMS AND WINERIES. SO KIND OF SUPPORT OUR DOWNTOWN BUSINESSES. SO PLEASE JOIN US GOING TO BE A GREAT DAY IN THE VILLAGE AND COME OUT AND SHOP SMALL AND SUPPORT THE SMALL BUSINESSES. THANK YOU VERY MUCH. IT WAS MY PLEASURE TO MAKE THE PROCLAMATION PRESENTATION, THANK YOU. THANKS FOR YOUR SUPPORT. THANK YOU, EVERYONE. MOVING ON TO PUBLIC COMMENT, DO WE HAVE SPEAKERS TODAY? [PUBLIC COMMENT] THIS TIME, ANYONE WISHING TO SPEAK ON AN AGENDA, PUBLIC COMMENT, PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO RAISE YOUR HAND. WHEN I CALL YOUR NAME OR LOST FOUR DIGITS OF YOUR PHONE NUMBER, PLEASE PRESS STAR SIX TO UNMUTE. YOU WILL HAVE THREE MINUTES TO MAKE YOUR COMMENTS. YOU WILL BE MUTED ONCE YOUR THREE MINUTES HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. WE DO HAVE SPEAKERS, MAYOR, THE FIRST. LET ME GO AHEAD AND READ THIS INTO THE RECORD THEN, SO BEFORE THEY START, THE BROWN ACT ALLOWS ANY MEMBER OF THE PUBLIC TO COMMENT ON ITEMS NOT ON THE AGENDA. PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT. MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING BY PROVIDING COMMENTS AS PROVIDED ON THE FRONT PAGE OF THIS AGENDA. THIS COUNCIL WILL RECEIVE COMMENTS AS REQUESTED UP TO A TOTAL OF 15 MINUTES IN THE BEGINNING OF THE MEETING. ALL OTHER NON AGENDA PUBLIC COMMENTS WILL BE HEARD AT THE END OF THE MEETING IN CONFORMANCE WITH THE BROWN ACT. NO ACTIONS CAN OCCUR ON THESE ITEMS. PLEASE CALL THE NAMES. THE FIRST SPEAKER IS, MARK KUHN, CAN YOU PLEASE UNMUTE? CAN YOU HEAR ME? YES, GO AHEAD. GREAT. MY NAME IS MARK KUHN, I'M THE PASTOR OF CARLSBAD NEW SONG CARLSBAD CHURCH AT 3780 PICO DRIVE AND I'M CALLING YOU BECAUSE THE CITY PLANNING HAD PASSED, EXCUSE ME, PASSED ON APPROVAL OF A DEVELOPMENT THAT WAS GOING TO HAPPEN ON ADAM STREET. AND I EXPRESSED TO THE PLANNING COMMISSION MY CONCERNS ABOUT THE WASTEWATER. SIR, THIS ISN'T AN AGENDA ITEM LATER IN IN THE MEETING. SO IF THIS WOULD BE AN ITEM OR YOU SHOULD SPEAK IT WHEN THAT ITEM IS CALLED. OK. I'M SORRY, I WAS JUST LISTENING. OK, SO THAT'S COMING UP HERE SHORTLY. NEXT. THE NEXT SPEAKER ENDS WITH ONE, SIX, EIGHT ONE. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON, MAYOR HALL AND CITY COUNCIL, THIS IS KATIE TAYLOR CALLING IN TODAY ON OCTOBER 26TH, COUNCIL MEMBERS, PATEL AND ACOSTA PARTICIPATING IN A JOINT ZOOM MEETING WITH THE CARLSBAD UNIFIED SCHOOL DISTRICT BOARD AND SUPERINTENDENT CHURCHILL. THE KEY TOPIC OF CONVERSATION, CRITICAL RACE THEORY MATERIALS AND EDUCATIONAL INSTRUCTION FOR CARLSBAD SCHOOLS. THE MAJORITY OF THE WRITTEN COMMENTS SUBMITTED AND THE PEOPLE CALLING IN TO SPEAK STATED THEIR CLEAR OPPOSITION TO CRITICAL RACE THEORY OR ALSO CALL DIVERSITY EQUITY INCLUSION, ETHNIC STUDIES, ET CETERA, AS IT PROMOTES AND TEACHES RACISM, BIGOTRY AND HATE. THE VERY IDEOLOGY PARENTS AND CONCERNED CITIZENS OVER THE COUNTRY ARE TELLING THEIR SCHOOL DISTRICTS LOUD AND CLEAR. THEY DO NOT APPROVE OR WANT THIS UNACCEPTABLE IDEOLOGY IN THEIR SCHOOLS. CALIFORNIANS FOR EQUAL RIGHTS SCHIEFFER HAS GIVEN CARLSBAD UNIFIED SCHOOL DISTRICT THEIR LOWEST SCORE ZERO FOR THEIR LACK OF TRANSPARENCY AND THEIR INSTRUCTIONAL MATERIALS PROMOTING CRITICAL RACE THEORY. BOTH COUNCIL MEMBER, BHAT-PATEL AND ACOSTA GAVE THEIR GUSHING APPROVAL AND SUPPORT FOR THESE DIVISIVE TEACHING MATERIALS. BOTH COUNCIL MEMBERS USE THEIR OWN RACE AND ETHNICITY TO PROMOTE THEIR POSITION. AS I SAID, THE SCHOOL BOARD MAY HAVE SEEN HERE TODAY, NO ONE EARNS ANY POINTS OR DEMERITS FOR THEIR RACE, GENDER, COLOR, NATIONAL ORIGIN. PEOPLE EARN POINTS AND RESPECT IN LIFE BY THEIR OWN QUALITIES AND ACTIONS. HOW YOUR LIFE SUPPORT HELPS YOUR FAMILY, YOUR COMMUNITY, SIMPLY PUT, BY YOUR OWN CHARACTER AND DEEDS, I REQUEST COUNCIL MEMBER BHAT-PATEL AND ACOSTA STOP TRYING TO EARN CREDIT FOR SOMETHING THEY HAVE NOTHING TO DO WITH THEIR RACE, GENDER AND NATIONAL ORIGIN. I SUGGEST EVERYONE IN THE CITY COUNCIL CONSIDER THE STRONG MESSAGE SENT BY VOTERS IN VIRGINIA ON NOVEMBER 2ND. THE PEOPLE ARE TAKING BACK THEIR SCHOOLS, TAKING BACK THEIR CITY COUNCILS AND [00:10:04] TAKING BACK THEIR STATE. ONE OF THE MAIN CATALYSTS DRIVING THE VOTER TURNOUT REJECTION OF CRITICAL RACE THEORY, REJECTION OF THE FALSE FLAG OF EQUITY AND REJECTION OF DIVISION, AND THE DIVISION PROMOTED AND CREATED BY THESE CONCEPTS. AND I THANK YOU FOR YOUR TIME. THAT CONCLUDES ALL OF OUR SPEAKERS MAYOR. OK, FOR THE GENTLEMAN WHO WAS FIRST UP, IT WAS ITEM NUMBER 11 IS WHERE YOU WOULD WANT TO SPEAK. SO WITH THAT, WE WILL MOVE ON TO THE CONSENT CALENDAR ITEMS ONE THROUGH SIX. [CONSENT CALENDAR] COUNCIL MEMBER ACOSTA. I'D LIKE TO PULL A NUMBER FOUR FOR DISCUSSION. OK. ANYONE ELSE? OK, SO WE'LL DO ONE TWO THREE FIVE SIX, MR. BLACKBURN MOVE APPROVAL OF ONE, TWO, THREE, FIVE AND SIX. SECOND. PLEASE CALL ROLL. COUNCIL MEMBER NORBY, YES. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR, PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE. I'M SORRY TO INTERRUPT, BUT COULD WE TAKE SPEAKERS ON THESE AS WELL? OH, THAT'S RIGHT. THANK YOU. THANK YOU. AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEMS ONE, TWO, THREE, FIVE AND SIX, IF YOU COULD PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. YOU WILL HAVE THREE MINUTES TO MAKE YOUR COMMENTS AND YOU WILL BE MUTED ONCE YOUR THREE MINUTES HAVE CONCLUDED. WE DON'T HAVE ANY SPEAKERS ON THOSE ITEMS. OKAY. THEN I CALL THE QUESTION. PLEASE TAKE ROLL. COUNCIL MEMBER NORBY, I WILL VOTE AYE AGAIN. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL, AYE. ONE, THREE, FIVE AND SIX PASSED UNANIMOUSLY. [4. APPROVAL OF CITY COUNCIL POLICY NO. 92 – EX PARTE COMMUNICATIONS AND APPROVAL OF CITY COUNCIL CODE OF ETHICS & PUBLIC SERVICE VALUES] ITEM NUMBER FOUR. APPROVAL OF CITY COUNCIL POLICY NUMBER NINETY TWO EX PARTE COMMUNICATIONS. AND APPROVAL OF THE CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES. WITH THAT, COUNCIL MEMBER ACOSTA. YES, THANK YOU FOR YOUR INDULGENCE BECAUSE I WANTED TO BRING THIS THIS ITEM TO EVERYONE'S ATTENTION, IN PARTICULAR EMPHASIZING THE NEED FOR TRANSPARENCY ON BEHALF OF THE COUNCIL AND THE CITY WITH THE PUBLIC AS WE'RE DISCUSSING OUR POLICY MATTERS AND GOING THROUGH THE QUASI JUDICIAL DECISIONS THAT WE MAKE, STARTING FIRST WITH THE CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES. I JUST WANTED TO THANK STAFF VERY MUCH FOR THE HARD WORK. I KNOW THAT WE ALL CAME TOGETHER FOR A PUBLICLY NOTICE MEETING WHERE WE WENT THROUGH THE CODE OF ETHICS DISCUSSION AS A TEAM AND COUNCIL MEMBER NORBY WASN'T HERE WITH US THEN, BUT WE HAD A VERY ROBUST DISCUSSION ABOUT VALUES AND COMMUNICATING THOSE WITH THE PUBLIC AND AND TRYING TO STRENGTHEN OUR TRUST WITH THE PUBLIC. I THINK THAT THE FINAL PRODUCT THAT IS HERE FOR FOUR VOTES TODAY IS VERY STRONG, REALLY CAPTURES THE DISCUSSION AND IS VERY WELL ARTICULATED. SOMETIMES IT'S HARD TO FIND THE EXACT RIGHT WORDS TO SAY WHAT YOU MEAN WHEN YOU'RE DISCUSSING A WORD LIKE RESPONSIBILITY OR TRUST. AND I THINK IT WAS WELL CAPTURED HERE. SO I JUST WANTED TO GIVE A BIG THANKS TO STAFF AND OUR CONSULTANT, JOANNE SPEARS, WHO HELPED US GET HELP GUIDE US THROUGH THAT, THAT DISCUSSION. AS FOR THE EX PARTE COMMUNICATIONS POLICY, I KNOW THAT THAT'S BEEN SOMETHING IN THE WORKS FOR A LONG TIME. I'VE LEARNED IN TALKING WITH STAFF FOR MANY YEARS, AND I ALSO UNDERSTAND IT WENT TO THE MUNICIPAL CODE SUBCOMMITTEE AND THEN CAME TO US NOW FOR A VOTE. I DO THINK IT'S SO IMPORTANT THAT WE BE VERY CLEAR ABOUT DISCLOSURES WHEN WE ARE MEETING WITH FOLKS AS THIS COUNCIL POLICY DRAFT POLICY THAT WE'RE VOTING ON TODAY [00:15:12] SAYS, PARTICULARLY FOR QUASI JUDICIAL DECISIONS, WE HAVE TO BE SO CLEAR WHO WE MET WITH WHEN WE MET WITH THEM, WHAT WE DISCUSSED FOR THE PUBLIC. AND AGAIN, ALONG THE SAME LINES AS IS WHAT I SAID ABOUT THE CODE OF ETHICS. IT'S REALLY ABOUT TRUST, A TRUST OF EACH OTHER, TRUST WITH THE PUBLIC, AND THAT TRANSPARENCY IS SO IMPORTANT. I DID IN LOOKING THROUGH THE LANGUAGE, THERE WAS SOMETHING THERE THAT GAVE ME A LITTLE PAUSE AND I WANTED TO BRING IT UP. SO I'M GOING TO TRY TO CALL UP THE PAGE NUMBER FOR YOU. I'M SORRY ON MY IPAD TRYING TO LOOK UP THE PAGE NUMBER, BUT IT WAS TO DO WITH THE PART WHERE ITEM NUMBER FOUR ON PAGE SIX OF 16 COUNCIL MEMBER. OK. I'M JUST LOOKING ON THE PACKET, I THINK IT'S PAGE 64,64, 65. THERE WE GO. OK SO SIXTY. SEVEN. OH, GOODNESS. OK, SO THIS IS THE PART I'M LOOKING AT THE PAGE SIXTY SIX OF THE AGENDA PACKET AND SIXTY SIX AND SIXTY SEVEN WHERE IT TALKS ABOUT THIS POLICY AND IT TALKS ABOUT MAKING THE DISCLOSURES, BUT IT ALSO TALKS ABOUT NUMBER FIVE OF ON PAGE SIXTY SIX AS EX PARTE COMMUNICATIONS ARE DISFAVORED AND SHOULD BE AVOIDED WHENEVER POSSIBLE BECAUSE THEY CAN BRING INTO QUESTION THE IMPARTIALITY AND FAIRNESS OF THE HEARING PROCESS, WHICH ABSOLUTELY MAKES SENSE. THIS IS ESPECIALLY TRUE OF EX PARTE COMMUNICATIONS THAT SUGGESTS DECISION MAKERS, ASSISTED PROJECT PROPONENTS OR OPPONENTS IN FORMULATING AND ADVOCATING THEIR POSITIONS. ABSOLUTELY. THERE'S ANOTHER PART THAT SPECIFICALLY TALKS ABOUT NOT BEING ABLE TO VISIT THE SITE WITH THE PROPERTY OWNER, AND I JUST WANTED TO MENTION THAT THERE MAY BE A CAVEAT TO THAT. LIKE IF YOU CAN'T, YOU CAN'T ENTER IT UNLESS THE OWNER, THE PROPERTY OWNER LIKE LETS YOU ON LIKE IF IT'S A GATED OR CLOSED PROPERTY. THAT DID HAPPEN TO ME AND I DISCLOSED IT WHEN I WENT TO ACOSTA TOWN SQUARE, THE HOUSING, THE LAND WHERE THEY WERE GOING TO PUT THE HOUSING, AND I DISCLOSED THAT AND I JUST WANTED TO MAKE SURE THAT IT'S OK TO DO THAT. IF YOU DISCLOSE IT, IT'S NOT THE BEST. LIKE, YOU DON'T WANT TO ENCOURAGE THAT. BUT IF THERE'S NO OTHER WAY TO LEARN ABOUT THE PROPERTY THAN TO GO SEE IT AND YOU NEED SOMEBODY TO LET YOU IN THAT THAT WOULD BE OK. SO I DID ALERT STAFF TO MY CONCERN, AND THERE WAS SOME SUGGESTED OTHER LANGUAGE. IT'S VERY MINOR THAT WE CAN LOOK AT TO CHANGE. JUST ADD A LITTLE BIT TO THAT PORTION. AND I THINK MS. MCMAHON, YOU MIGHT HAVE THAT LANGUAGE TO SHARE. YES COUNCIL MEMBER, LET ME SHARE MY SCREEN. ARE YOU ALL ABLE TO SEE THE PROPOSED LANGUAGE ON MY SCREEN? YES. SO THE SUGGESTED REVISIONS TO ADDRESS COUNCILMAN MS. ACOSTA'S CONCERNS WOULD BE THE PART IN RED. AND BASICALLY, IT WOULD INDICATE THAT WHEN POSSIBLE, A SITE VISIT SHOULD NOT INVOLVE ANY PROJECT PROPONENTS, OPPONENTS OR INTERESTED PARTIES. BUT IF FOR SOME REASON THAT IT'S NECESSARY FOR THOSE PEOPLE TO BE PRESENT, THEN IF THERE WERE ANY COMMUNICATIONS DURING THAT SITE VISIT, THOSE SHOULD ALSO BE DISCLOSED AT THE TIME DISCLOSURES ARE MADE AT [INAUDIBLE]. THANK YOU, MS. MCMAHON. SO I WANTED TO SHARE THIS WITH THE REST OF THE COUNCIL AND I THINK THE MAJOR REASON WHY IT CAUGHT MY EYE AND I WANTED TO BRING IT TO YOUR ATTENTION IS BECAUSE I DON'T WANT TO ON CONSENT, PASS SOMETHING AND THEN BY MISTAKE, STEP OVER THE LINE OR NOT DO IT RIGHT. LIKE, I JUST WANTED TO BE VERY CLEAR THAT THIS IS WHAT WE'RE ALL AGREEING TO AND DRAW SOME LIGHT AND ATTENTION TO IT SO THAT WE ALL SEE AND WE'RE ALL OK WITH THAT AND THAT WE DON'T ACCIDENTALLY ACCEPT AN INVITATION TO GO, LOOK AT SOMETHING AND THEN GET IN TROUBLE FOR IT LATER, YOU KNOW, LIKE WITH EACH OTHER. SO I JUST WANT TO MAKE SURE THAT WE'RE ALL AWARE AND SEE WHAT YOU THOUGHT OF THAT CHANGE, BECAUSE I THINK THAT THAT CHANGE MAKES IT STRONGER AND MORE CLEAR. MS. ACOSTA, IF YOU'D LIKE TO MAKE THE MOTION WITH THOSE ADDITIONS AND WE'LL SEE IF WE GET A SECOND. I DON'T THINK YOU'LL HAVE A PROBLEM. GREAT. SO I MOVE TO ACCEPT THIS AGENDA ITEM WITH THE CHANGES THAT WERE PRESENTED BY MS. MCMAHON JUST A MOMENT AGO TO THE EX PARTE COMMUNICATIONS POLICY. SECOND. ANY DISCUSSION? DO WE HAVE ANY SPEAKERS ON THIS ITEM? THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER FOUR, PLEASE RAISE YOUR HAND VIRTUALLY OR PRESS STAR NINE NOW. WE DON'T HAVE ANY SPEAKERS. OH, ACTUALLY, WE DO. DIANE WEIMER, COULD YOU PLEASE UNMUTE? HELLO, COUNCIL MEMBERS, THANK YOU VERY MUCH. THIS IS DIANE WEIMER FOR CITIZENS FOR NORTH COUNTY. I HAD A COUPLE OF I WAS VERY GLAD THAT COUNCILWOMAN ACOSTA POINTED OUT THAT [00:20:05] PARTICULAR AREA IN THE QUASI CHANGES THAT YOU WERE MAKING. I WOULD ALSO SUGGEST THAT UNDER THE COMPLY WITH THE BEST PRACTICES OF THE STATE, AS IDENTIFIED BY THE LEAGUE OF CITIES, WE NEED TO HAVE A REQUIREMENT THAT THE PRE-HEARING DISCLOSURE OF EX PARTE COMMUNICATIONS BE MADE IN WRITING WITHIN SEVEN DAYS OF THE COMMUNICATION AND SUBSEQUENTLY RESTATED ORALLY PRIOR TO THE HEARING. THEN, UNDER ITEM SIX STATEMENT OF POLICY, IT NEEDS TO BE BROADENED TO INCLUDE ANY OTHER SENSORY COMMUNICATION, SUCH AS VISUAL OR AUDITORY INFORMATION OBTAINED DURING THE SITE VISIT. THIS WOULD INCLUDE IN COVERED DIGITAL OR AI GENERATED INFORMATION OR EXPERIENCES THAT MIGHT BE PROVIDED. THOSE WERE SOME OF THE ISSUES WE HAD, ALTHOUGH THERE ALSO IS NOT A DETAILED TIMELINE OR DEADLINE FOR DELIVERY TO THE CITY CLERK OF EX PARTE MATERIALS, WHICH IS ANOTHER DETAIL THAT PROBABLY SHOULD BE INCLUDED IN THAT LANGUAGE. THOSE ARE JUST FOUR INCIDENTS, AS THERE ARE SEVERAL OTHERS. WE THINK PERHAPS THAT MAYBE YOU SHOULD TAKE THIS BACK AND MAKE SOME ADDITIONAL LANGUAGE CHANGES SO THAT THIS CAN HAVE THOSE GAPS FILLED. THE OTHER THING IS THAT ON THE CODE OF ETHICS AND PUBLIC SERVICE VALUES, AS YOU MAY RECALL, CITIZENS FOR NORTH COUNTY REQUESTED IMMEDIATELY AFTER THE 2016 ELECTIONS THAT WE WOULD REJECT, THAT WE WOULD HAVE A FRAMEWORK FOR AN INDEPENDENT ETHICS COMMITTEE SIMILAR TO SAN DIEGO'S, WHICH WOULD MAKE THIS PROCESS MORE STREAMLINED, OBJECTIVE AND CONSISTENT WITH BEST PRACTICES IN THE COUNTY AND AMONG CITIES THROUGHOUT THE STATE. THAT WOULD INCLUDE FUNDING FOR INVESTIGATIONS, ET CETERA, AND THAT TYPE OF APPROACH IS NOT REFLECTED IN THIS ETHICS CODE OF ETHICS PROPOSAL. AND SO WE WOULD SUGGEST THAT PERHAPS YOU IF YOU'RE GOING TO APPROVE SOMETHING LIKE THIS, ALTHOUGH WE DO ENCOURAGE YOU NOT TO. THAT THEY BE IDENTIFIED AS A PUBLIC SERVICE VALUES STATEMENT ASCRIBED TO BY THE COUNCIL MEETING AS OPPOSED TO A CODE OF ETHICS FOR THE CITY, WHICH SHOULD THEORETICALLY INCLUDE THINGS THAT HOLD PEOPLE ACCOUNTABLE, THAT APPLIES TO EVERYONE, BOTH ELECTED AND STAFF. AND YOU WOULD HAVE THE ABILITY TO HAVE SOME INDEPENDENCE ON THE ON THE ETHICS COMMISSION AND IT WOULD REFLECT WHAT OUR OTHER NEIGHBORING COMMUNITIES HAVE DONE AS WELL. SO MS. MCMAHON, DO YOU HAVE ANY COMMENTS ON THAT STATEMENT? AS TO THE SOME OF THE DETAILS THAT THE SPEAKER SPOKE ABOUT THIS, MY MEMORY IS THE SUBCOMMITTEE DID CONSIDER THOSE TYPES OF DETAILS AND WHETHER THEY WOULD BE WORKABLE. THERE WAS CONCERN AMONG THE SUBCOMMITTEE MEMBERS THAT OFTEN PROJECTS TAKE MANY YEARS FROM BEGINNING TO WHEN THEY COME IN FRONT OF THE CITY COUNCIL AND SOMETIMES COUNCIL MEMBERS ARE APPROACHED ABOUT PROJECTS THAT NEVER, IN FACT MAKE IT TO CITY COUNCIL. AND SO THERE WAS SOME CONCERN. IF THERE WERE SOME OF THE DETAILS THE SPEAKER SPOKE ABOUT, THAT IT MIGHT BE DIFFICULT FOR COUNCIL TO COMPLY AND NOT KNOWING AT THE FRONT END WHETHER SOMETHING WAS IN FACT GOING TO END UP IN FRONT OF THEM. AND SO THEY WANTED TO HAVE A POLICY THAT WAS EASY TO ADMINISTER AND WOULD ENSURE AND SO THEY FOCUSED ON HAVING DISCLOSURES BE MADE AT THE TIME OF THE MATTER COMES UP FROM THE CITY COUNCIL AND HAVING PROVISIONS IN THERE FOR MATTERS TO GET IN FRONT OF THE CLERK, BUT ALSO RECOGNIZING THAT AGAIN COULD TAKE MANY YEARS FOR A PROJECT TO GET IN FRONT OF COUNCIL IF IT GETS IN FRONT OF COUNCIL AT ALL. OK, SO WE HAVE A MOTION AND A SECOND. IF THERE'S NO OTHER FURTHER DISCUSSION, I WOULD CALL THE QUESTION. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL, AYE. SO ITEM NUMBER FOUR PASSES UNANIMOUSLY. MOVING ON TO AN ADOPTION OF AN ORDINANCE NUMBER CS-408 SOLID WASTE AND ORGANIC [7. ADOPTION OF ORDINANCE NO. CS-408 – SOLID WASTE AND ORGANIC WASTE REDUCTION REQUIREMENTS] WASTE REDUCTION REQUIREMENTS. THIS IS AN ADOPTION OF AN ORDINANCE. MS. BREWER. DO YOU WANT TO TITLE THE ORDINANCE AND THEN I'LL ASK FOR SPEAKERS. THANK YOU. THIS IS AN ORDINANCE OF THE CITY COUNCIL, THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL CODE REGULATING SOLID WASTE AND 8.17 OF THE CARLSBAD MUNICIPAL CODE REGULATING SPECIAL EVENTS. OK. DO WE HAVE ANY SPEAKERS? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER SEVEN, PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO RAISE YOUR HAND. THERE ARE NO SPEAKERS FOR THIS ITEM MAYOR. OK WITH THAT IF WE COULD HAVE A A MOTION MR. BLACKBURN. MOVE ADOPTION OF THE ORDINANCE CONTAINED IN AGENDA ITEM NUMBER SEVEN. [00:25:04] SECOND. COULD THE CLERK, PLEASE CALL ROLL. BOARD MEMBER NORBY, AYE. MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL, AYE. THIS ITEM PASSES UNANIMOUSLY, MOVING ON TO ITEM EIGHT AND ADOPTION OF [8. ADOPTION OF ORDINANCE NO. CS-409 – INSTALL STOP SIGNS ON CEREZO DRIVE AT LOS ROBLES DRIVE] AN ORDINANCE NUMBER CS-409. INSTALL STOP SIGNS AT CEREZO DRIVE AND LOS ROBLES DRIVE. COULD YOU PLEASE TITLE THE ORDINANCE MS. BREWER? THANK YOU. THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE TO ADD SECTION 10.28.996 TO PLACE STOP SIGNS ON CEREZO DRIVE AT LOS ROBLES DRIVE. MR. BLACKBURN, OH, WAIT, A SECOND, I'M SORRY, DO WE HAVE ANY SPEAKERS? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER EIGHT, RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO [INAUDIBLE] WE DO NOT HAVE ANY SPEAKERS MAYOR. MR. BLACKBURN. MOVE ADOPTION OF THE ORDINANCE CONTAINED IN AGENDA ITEM NUMBER EIGHT. 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. ITEM NUMBER EIGHT PASSES UNANIMOUSLY, MOVING ON TO ITEM NINE ADOPTION OF AN [9. ADOPTION OF ORDINANCE NO. CS-410 – SHARED MOBILITY DEVICES] ORDINANCE NUMBER CS-410 SHARED MOBILITY DEVICES. MS. BREWER, PLEASE TITLE. THANK YOU, THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 10.60 OF THE CARLSBAD MUNICIPAL CODE REGARDING SHARED MOBILITY DEVICES. OK. IS THERE ANY SPEAKERS ON THIS ITEM? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER NINE, PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE PLEASE PRESS STAR NINE NOW. THERE ARE NO SPEAKERS THERE. OK, MR. BLACKBURN. MOVE ADOPTION OF THE ORDINANCE CONTAINED AN AGENDA ITEM NUMBER NINE. 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. ITEM NINE PASSES UNANIMOUSLY. MOVING ON TO PUBLIC HEARINGS, TAX AND EQUITY FISCAL RESPONSIBILITY ACT. [10. TAX AND EQUITY FISCAL RESPONSIBILITY ACT PUBLIC HEARING FOR ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF CAMSTON WRATHER LLC] PUBLIC HEARING FOR ISSUANCE OF TAX EXEMPT BONDS FOR THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY. FOR THE BENEFIT OF CAMSTON WRATHER LLC. MR. CHADWICK, YOU WANT TO MAKE THE INTRODUCTIONS? YES, SIR AND MAKING OUR PRESENTATION TODAY IS OUR CHIEF INNOVATION OFFICER, MR. DAVID GRAHAM, ALONG WITH OUR ECONOMIC DEVELOPMENT MANAGER, MATT SANFORD, GENTLEMEN. THANK YOU VERY MUCH. SO WE WILL BE PRESENTING A SIMILAR HEARING TO ONE THAT YOU RECENTLY HEARD IT'S A TEPHRA ACT, PUBLIC HEARING AND ISSUANCE FOR TAX EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL AUTHORITY FOR THE BENEFIT OF CAMSTON WRATHER LLC. SO WITH THAT, I'M SHARING MY SCREEN. THE RECOMMENDED ACTION TODAY IS TO CONDUCT THE PUBLIC HEARING, WHICH IS WHAT YOU ARE DOING NOW AND ADOPT A RESOLUTION APPROVING THE ISSUANCE OF TAX EXEMPT BONDS IN AN AMOUNT NOT TO EXCEED $80 MILLION FOR THE PURPOSE OF FINANCING THE CAMSTON WRATHER E-WASTE RECYCLING FACILITY HERE IN CARLSBAD. WITH THAT, I'LL TURN THINGS OVER TO MATT SANFORD TO GO THROUGH THE ITEM ITSELF. THANKS, DAVID. CAMSTON WRATHER LLC HAS ASKED THAT THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY, OTHERWISE KNOWN AS THE CMFA, BE THE ISSUER OF TAX EXEMPT FINANCING IN AN AMOUNT NOT TO EXCEED $80 MILLION, TO FINANCE THE COSTS OF CONSTRUCTION, EXPANSION IMPROVEMENT AND OR EQUIPPING OF AN APPROXIMATELY ONE HUNDRED AND SIXTEEN THOUSAND SQUARE FOOT SOLID WASTE DISPOSAL FACILITY, AS DESCRIBED IN SECTION 142A6 OF THE INTERNAL REVENUE CODE. THE CMFA IS A JOINT POWERS AUTHORITY FORMED TO ASSIST LOCAL GOVERNMENTS, NONPROFIT ORGANIZATIONS AND BUSINESSES WITH THE ISSUANCE OF BOTH TAXABLE AND TAX EXEMPT DEBT. TEPHRA REQUIRES THAT A PUBLIC HEARING BE HELD BY THE GOVERNING BODY OF THE JURISDICTION IN WHICH THE PROJECT TO BE FINANCED WITH TAX EXEMPT FINANCING IS LOCATED, AND THAT THE GOVERNING BODY APPROVED THE PROPOSED FINANCING. SO I. TO PROVIDE A FEW DETAILS OF THE PRODUCT PROJECT THAT THESE BONDS WOULD FINANCE, THE PROJECT WILL BE LOCATED AT TWENTY EIGHT POINT FIFTY SIX WITH TALE LOOP EAST WITHIN THE CITY OF CARLSBAD. THE FACILITY WILL PROCESS ELECTRONIC WASTE LIKE CIRCUIT BOARDS AND RELATED [00:30:06] MATERIALS DERIVED FROM USED COMPUTERS, FLAT PANEL TELEVISIONS AND SMARTPHONES, USING A TWO STAGE NONTOXIC PROPRIETARY GREEN TECHNOLOGY DIVERTING SOLID ELECTRONIC WASTE FROM LANDFILLS. WHILE NOT DIRECTLY ASSOCIATED WITH CITY EFFORTS, THIS PROJECT IS GENERALLY IN ALIGNMENT WITH THE CITY'S SUSTAINABILITY GOALS AND COULD COMPLEMENT THE CITY'S EFFORTS TO DIVERT SOLID WASTE FROM LANDFILLS. THE DEBT ISSUED THAT IS FINANCED BY THE BONDS IS NOT DEBT OF THE CITY OF CARLSBAD IN ANY WAY. THERE IS NO OBLIGATION OF ANY KIND ON THE PART OF THE CITY OF CARLSBAD. THE CITY COUNCIL, OR ANY ENTITY CONTROLLED BY THE CITY OF CARLSBAD TO REPAY THE DEBT ISSUED BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY. ALL REPAYMENT OF DEBT IS A STRICT OBLIGATION OF THE BORROWER. ALL MONITORING AND ADMINISTRATIVE ACTIONS RELATED TO THIS ISSUANCE ARE THE RESPONSIBILITY OF THE CMFA, THE CITY OF CARLSBAD'S PARTICIPATION IN THE ISSUANCE OF THESE STATE BONDS WILL NOT IMPACT THE CITY'S APPROPRIATION LIMITS AND WILL NOT CONSTITUTE ANY TYPE OF INDEBTEDNESS BY THE CITY. AS PREVIOUSLY NOTED, IT IS RECOMMENDED THAT THE CITY COUNCIL CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE CMFA FOR THE BENEFIT OF THE BORROWER. SHOULD THERE BE ANY QUESTIONS, I'M JOINED TODAY BY ANTHONY STUBBS FROM THE CMFA AND LUKE RAY FROM CAMSTON WRATHER. THANK YOU. AND THAT COMPLETES OUR PRESENTATION. OK. THIS IS A PUBLIC HEARING AT THIS TIME, I'D LIKE TO OPEN THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER 10, PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO RAISE YOUR HAND. WHEN I CALL YOUR NAME OR LAST FOUR DIGITS OF YOUR PHONE NUMBER, PLEASE PRESS STAR SIX TO UNMUTE. WE DO NOT HAVE ANY SPEAKERS FOR THIS ITEM MAYOR. OK, THEN I'LL CLOSE THE PUBLIC HEARING. BRING IT BACK TO THE COUNCIL. DO WE HAVE ANY QUESTIONS ON THIS ITEM? NOT SEEING ANY QUESTIONS AND A MOTION MR. BLACKBURN. MOVE ADOPTION OF THE RESOLUTION CONTAINED IN AGENDA ITEM NUMBER 10. SECOND. 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. ITEM 10 PASSES UNANIMOUSLY. NOW, MOVING ON TO ITEM 11, THIS IS A PUBLIC HEARING. [11. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE FOUR SINGLEFAMILY RESIDENCES LOCATED AT 3745 ADAMS STREET] CONSIDER AN APPEAL FOR THE PLANNING COMMISSION DECISION TO APPROVE FOUR SINGLE FAMILY RESIDENCES LOCATED AT 3745 ADAM STREET. MR. CHADWICK, INTRODUCTION. YES SIR AND MAKING OUR PRESENTATION TODAY IS OUR ASSOCIATE PLANNER MS. JESSICA EVANS. THANK YOU MR. CHADWICK. SO GOOD AFTERNOON, MAYOR AND CITY COUNCIL, THE SECOND PUBLIC HEARING ITEM TODAY IS THE ADAM STREET HOLMES APPEAL. THE ZONING CODE OUTLINES PROCEDURES FOR APPEALS IN STATES THAT GROUNDS FOR APPEALS SHALL BE LIMITED TO THE FOLLOWING THAT THERE WAS AN ERROR OR ABUSE OF DISCRETION ON THE PART OF THE PLANNING COMMISSION IN THAT THE DECISION WAS NOT SUPPORTED BY THE FACTS PRESENTED TO THE PLANNING COMMISSION, OR THAT THERE WAS NOT A FAIR AND IMPARTIAL HEARING. IN ADDITION, THE CITY COUNCIL'S CONSIDERATION IS DE NOVO OR LIKE NEW, THAT LIMITS THE CONSIDERATION TO ONLY THE EVIDENCE PRESENTED TO THE PLANNING COMMISSION FOR CONSIDERATION IN THE DETERMINATION OR THE DECISION BEING APPEALED, AND THEREFORE NO NEW INFORMATION CAN BE CONSIDERED BY THE CITY COUNCIL THAT WAS NOT PRESENTED TO THE PLANNING COMMISSION. THE APPEAL IS LIMITED TO THE GROUNDS STATED IN THE APPEAL, AND THE CITY COUNCIL MAY UPHOLD, MODIFY OR OVERTURN THE PLANNING COMMISSION DECISION. TODAY'S PUBLIC HEARING PROCESS WILL INCLUDE THE STAFF PRESENTATION, FOLLOWED BY THE OPPORTUNITY FOR COUNCIL TO ASK QUESTIONS OF STAFF. THE APPELLANT'S PRESENTATION AND THE APPLICANTS PRESENTATION, BOTH THE APPELLANT AND THE APPLICANT ARE ALLOWED UP TO 10 MINUTES TO PRESENT. THE MAYOR WILL THEN OPEN THE PUBLIC HEARING COUNCIL WILL RECEIVE COMMENTS FROM PUBLIC SPEAKERS AND THE MAYOR WILL CLOSE THE PUBLIC HEARING. THEN THE COUNCIL CAN DISCUSS THE ITEM AND ACT ON THE PROJECT. THIS PROJECT IS LOCATED AT 3745 ADAMS STREET, JUST WEST OF ADAMS, BETWEEN MAGNOLIA AND TAMARACK AVENUE, AND THE SITE IS SURROUNDED BY SINGLE FAMILY RESIDENCES TO THE NORTH AND EAST AND TO THE SOUTH IS A ST PATRICK'S CHURCH AND TO THE WEST IS THE NEW SONG CHURCH. THE PROJECT PROPOSES TO SUBDIVIDE A 0.97 ACRE LOT INTO FOUR PARCELS AND TO CONSTRUCT FOUR NEW TWO STORY 3100 SQUARE FOOT SINGLE FAMILY HOMES. EACH DWELLING WILL ALSO INCLUDE A JUNIOR ACCESSORY DWELLING UNIT AND A DETACHED ACCESSORY DWELLING UNIT. HOWEVER, PURSUANT TO STATE HOUSING LAWS, THE ADS ARE ACTED UPON BY THE CITY [00:35:02] PLANNER AND ARE NOT A PART OF TODAY'S CITY COUNCIL'S ACTION. THIS IS THE PROPOSED SITE PLAN THAT SHOWS THE FOUR LOTS, AS WELL AS A BUILDING OUTLINE OF THE FOUR NEW SINGLE FAMILY RESIDENCES, EACH PROPOSED PARCEL MEETS THE MINIMUM LOT WIDTH LOT SIZE AND EACH HOME MEETS OR EXCEEDS DEVELOPMENT STANDARDS SUCH AS SETBACKS, LOT COVERAGE AND PARKING. THE PLANNING COMMISSION HELD A PUBLIC HEARING ON SEPTEMBER 1ST AND VOTED TO APPROVE THE PROJECT WITH A FIVE-ONE VOTE. COMMISSIONER LAFFERTY VOTED NO AND COMMISSIONER STEIN ABSTAINED. ON SEPTEMBER 10 THE PROJECT WAS APPEALED BY A RESIDENT DUE TO CONCERNS REGARDING THE BUILDING HEIGHT EXCEEDING THE HEIGHT LIMITATION, WHICH WOULD HAVE ADVERSE IMPACTS TO THE SURROUNDING NEIGHBORHOOD. AND SECONDLY, THAT THE FACTS AND EVIDENCE PRESENTED OR INFORMATION THAT WAS OMITTED FROM THE PLANNING COMMISSION CAUSED THE COMMISSION TO ABUSE THEIR DISCRETION OR APPROVE THE PROJECT IN ERROR. BUILDING HEIGHT IS DEFINED IN THE ZONING CODE AS A HEIGHT BEING MEASURED FROM THE EXISTING OR FINISHED GRADE, WHICHEVER IS LOWER AT ALL POINTS ALONG THE BUILDING COVERAGE. HOWEVER, THE ZONING CODE DOES NOT ALLOW FOR DISCRETIONARY PROJECTS, OR I'M SORRY THAT THE ZONING CODE DOES ALLOW FOR DISCRETIONARY PROJECTS, SUCH AS THE PROJECT IN QUESTION TO MEASURE FROM THE HIGHER, NEWLY ESTABLISHED ESTABLISHED GRADE FOR UTILITY AND DRAINAGE REASONS WHEN CONSIDERATION IS GIVEN TO THE NATURAL TOPOGRAPHY OF THE SITE, AS WELL AS COMPATIBILITY WITH THE EXISTING GRADE OF ADJACENT AND SURROUNDING PROPERTIES. SO THE PROJECT SLOPES DOWN FROM ADAM STREET WITH A SLOPE DIFFERENTIAL OF ABOUT 10 FEET. THE APPLICANT IS PROPOSING TO FILL THE SITE WITH SOIL TO INCREASE THE BUILDING PAD HEIGHT, WHICH WILL RESULT IN PAD HEIGHTS THAT RANGE FROM ABOUT ONE FOOT ABOVE NATURAL GRADE TO ABOUT FIVE AND A HALF FEET FOR THE BUILDING PADS LOCATED IN THE REAR. THERE ARE TWO REASONS WHY THE PAD HEIGHTS ARE NEEDING TO BE INCREASED, WHICH ARE SEWER DISPOSAL AND STORM WATER QUALITY REGULATIONS. THIS IS A PHOTO TAKEN FROM THE PROJECT SITE LOOKING UP TOWARDS ADAM STREET, AS YOU CAN SEE FROM THE PHOTO THE PROPERTY SLOPES AWAY FROM THE STREET, SO THE REAR OF THE PROPERTY MUST BE ELEVATED AT LEAST THREE FEET IN ORDER FOR SEWAGE TO GRAVITY FLOW INTO AN EXISTING SEWER MAIN ONTO ADAMS STREET. THERE IS AN ALTERNATIVE TO ELEVATING THE BUILDING PADS, WHICH WOULD REQUIRE THE SEWAGE TO BE DISPOSED WITH THE USE OF MECHANICAL PUMPS. HOWEVER, STAFF IS RECOMMENDING AGAINST THE USE OF PUMPS BECAUSE THERE ARE POTENTIAL ISSUES IN ENSURING THAT THE PUMPS ARE PROPERLY MAINTAINED AND THE POTENTIAL FOR MECHANICAL FAILURE COULD CAUSE SEWAGE BACK FLOW, AS WELL AS PUBLIC HEALTH AND SAFETY ISSUES. SECONDLY, TO COMPLY WITH STORM WATER QUALITY REGULATIONS, THE PROJECT MUST INSTALL A BIO FILTRATION BASIN WITH A PARTIAL RETENTION SYSTEM, AS SHOWN IN THE DIAGRAM. THIS WILL TREAT AND DETAIN STORM WATER BEFORE IT IS DISCHARGED FROM THE PROPERTY AND BECAUSE OF THE PROPERTY SIZE, SHAPE AND THE PROPOSED DEVELOPMENT THESE BASINS ARE REQUIRED TO BE ABOUT SIX AND A HALF FEET DEEP. IN ADDITION, BEST PRACTICES FOR DRAINAGE IS TO ALLOW THE STORM WATER TO FLOW IN THE DIRECTION THAT IT HAS HISTORICALLY DRAINED, WHICH IS WEST REALLY INTO [INAUDIBLE]. AND IN ORDER TO ACCOMMODATE THAT. THE FINISHED PAD AT THE REAR PORTION OF THE PROPERTY NEEDS TO BE ELEVATED BY FIVE AND A HALF FEET ABOVE THE NATURAL GRADE. AND SIMILARLY, WITH SEWAGE DISPOSAL. THE ALTERNATIVE FOR STORM WATER REGULATIONS WOULD BE TO UTILIZE THE MECHANICAL PUMP, RESULTING IN A REDUCTION IN THE PROPOSED BUILDING HEIGHT OF ABOUT TWO AND A HALF FEET, AND STAFF RECOMMENDS AGAINST PUMPS FOR STORM WATER BECAUSE OF CONCERNS SIMILAR TO SEWAGE DISPOSAL. POSSIBLE PIPE MAINTENANCE ISSUES AND FAILURES COULD CAUSE FLOODING ON SITE AND ONTO ADJACENT PROPERTIES, AS WELL AS CREATE ISSUES FOR SOIL EROSION. SO AND HEIGHT IS MEASURED FROM THE HIGHER FINISH GRADE, COMPATIBILITY WITH SURROUNDING PROPERTIES MUST BE TAKEN INTO CONSIDERATION AND TO ADDRESS POTENTIAL VISUAL IMPACTS DUE TO THE INCREASED BUILDING PAD HEIGHT, THE APPLICANT PROPOSES THE FOLLOWING FIRST THE DWELLING HEIGHTS ARE TWENTY SEVEN FEET IN LIEU THE MAXIMUM 30 FEET. SECONDLY, A TWO TO ONE SLOPE IS PROPOSED ON THE PERIMETER OF THE PROPERTY THAT IS FULLY LANDSCAPED AND THIRD, INCREASE THAT BOX FROM ADJACENT PROPERTIES. THIS EXHIBIT SHOWS THE OVERALL BUILDING HEIGHT MEASURED FROM THE PROPOSED AND EXISTING GRADES, AS PREVIOUSLY MENTIONED, THE ZONE ALLOWS FOR A MAXIMUM BUILDING HEIGHT OF 30 FEET. TO HELP MITIGATE ANY IMPACTS AND TO ACHIEVE BETTER COMPATIBILITY, THE APPLICANT PROPOSES A BUILDING HEIGHT FOR ALL STRUCTURES OF ABOUT TWENTY SEVEN FEET WHEN MEASURED FROM THE PROPOSED GRADE. IF HEIGHT IS MEASURED FROM THE EXISTING NATURAL GRADE AND NOT FROM THE NEW HIGHER GRADE THAN THE TALLEST HOME, THE PROPERTY WOULD MEASURE APPROXIMATELY THIRTY TWO POINT FIVE FEET, WHICH IS ABOUT TWO AND A HALF FEET OVER THE 30 FOOT HEIGHT LIMIT. [00:40:02] SECONDLY, TO FURTHER ENSURE COMPATIBILITY WITH THE ADJACENT PROPERTIES, A TWO TO ONE SLOPE IS PROPOSED AROUND THE PERIMETER OF THE PROJECT SITE. THE HIGHLIGHTED AREAS, AS SHOWN IN THE EXHIBIT, ARE THE SLOPED AREAS WHICH WILL AID IN THE TRANSITION OF THE GREAT DIFFERENCE BY STEPPING DOWN TOWARD THE ADJACENT PROPERTIES. THE SLOPE WIDTH RANGES FROM TWO FEET CLOSER TO ADAM STREET AND EXPANDS TO ABOUT 10 FEET WIDE TOWARD AND ALONG THE REAR OF THE SITE. THE SLOPE WILL ALSO BE FULLY LANDSCAPED WITH TREES AND SHRUBS TO BUFFER ANY VISUAL IMPACTS TO ALL ABUTTING PROPERTIES. TO FURTHER MITIGATE ANY POTENTIAL HEIGHT IMPACT THE APPLICANT EITHER MEETS OR EXCEEDS SIDE YARD SETBACKS FOR MAIN DWELLINGS. IN ADDITION, THE APPELLANT'S REAR PROPERTY ABUTS THE NORTH PROPERTY LINE, WHICH IS LOCATED HERE ON THE EXHIBIT. OR THE SIGHT OF RESIDENTS D, WHICH IS THE [INAUDIBLE] IN THE UPPER LEFT HAND CORNER HERE. AND THE MINIMUM REQUIRED SIDE YARD SETBACK FOR RESIDENT C IS NINE FEET. HOWEVER, THE APPLICANT IS PROPOSING AN INCREASE SETBACK OF 16 FEET, WHICH LEAVES ABOUT EIGHTY THREE FEET BETWEEN THE REAR OF THE APPELLANT'S HOME AND THE EDGE OF THE CLOSEST NEW RESIDENCE. STAFF HAS ALSO HEARD CONCERNS THAT THE NEIGHBORING PROPERTIES WERE CONSTRUCTED WITHOUT THE NEED OF ELEVATED PATHS. HERE'S A STREET VIEW AND IMAGE OF THE PROPERTY'S NEXT DOOR TO THE PROJECT SITE THAT HAVE A SIMILAR TOPOGRAPHY WHERE THE PROPERTY SLOPED DOWN FROM ADAMS STREET. IT IS IMPORTANT TO NOTE THAT AT THE TIME THOSE PROPERTIES WERE DEVELOPED, THEY WERE SUBJECT TO DIFFERENT STORM WATER QUALITY REGULATIONS AND WERE NOT REQUIRED TO HAVE BIO RETENTION BASINS. TODAY'S STANDARDS REQUIRE BIO RETENTION BASINS, AND IF THESE PROPERTIES NEXT DOOR WERE TO BE REDEVELOPED, THEIR PATHS WOULD BE INCREASED SIMILARLY TO THE PROJECT IN QUESTION. LASTLY, THE SECOND REASON FOR THE APPEAL IS STATED THE FACTS AND EVIDENCE PRESENTED TO THE PLANNING COMMISSION FOR INFORMATION OMITTED FROM THE PRESENTATION AND STAFF REPORT CAUSED THE COMMISSION TO ABUSE ITS DISCRETION OR APPROVE THE PROJECT IN ERROR. HOWEVER, THE PLANNING COMMISSIONERS RECEIVED THE PROJECT STAFF REPORT, WHICH INCLUDES A SUMMARY OF HOW THE PROJECT COMPLIES WITH CITY ORDINANCES AND POLICIES AND A FULL SET OF PLANS. PLANNING COMMISSIONERS ALSO RECEIVED A BRIEFING ON THE PROJECT IN THE DAYS BEFORE THE HEARING, AFTER THEY HAVE RECEIVED THE STAFF REPORT AND PLANS TO REVIEW ALL PUBLIC COMMENTS RECEIVED BEFORE THE HEARING WERE FORWARDED TO THE COMMISSIONERS, AND THE COMMISSIONERS RECEIVED A PRESENTATION THAT LAID OUT THE PROJECT DETAILS, INCLUDING THE BUILDING PAD INCREASE, OVERALL BUILDING HEIGHT AND STAFF ANSWERED QUESTIONS BY THE COMMISSIONERS. AFTER THE COMMISSIONER DISCUSSION AND QUESTIONS, THE PLANNING COMMISSION FOUND THAT THEY HAD ADEQUATE INFORMATION, FOUND THAT THE PROJECT COMPLIES WITH ALL APPLICABLE STANDARDS AND PROVISIONS, AND AGREED THAT THE BUILDING HEIGHT SHOULD BE MEASURED FROM THE FINISH GRADE AND VOTED TO APPROVE THE PROJECT. IN ADDITION, THE CITY IS SUBJECT TO THE STATE HOUSING ACCOUNTABILITY ACT, WHICH STATES THAT CITIES SHALL NOT DENY A PROJECT OR IMPOSE CONDITIONS REQUIRING A LOWER DENSITY UNLESS THE CITY FINDS THAT THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY, OR THERE'S NO FEASIBLE METHOD TO MITIGATE SUCH IMPACT. AND THEREFORE A STAFF IS RECOMMENDING THAT THE CITY COUNCIL ADOPT THE RESOLUTION TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION DECISION TO APPROVE THE PROJECT AS PROPOSED. AND THAT CONCLUDES MY PRESENTATION AND STAFF IN THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS. OKAY, MS. BREWER, HELP ME HERE, THE APPELLANT GOES FIRST, AND HOW MUCH TIME DO WE NORMALLY GIVE THEM? YOU EACH HAVE 10 MINUTES. WE HAVE AN APPELLATE PRESENTATION AND AN APPLICANT PRESENTATION, I BELIEVE THE APPELLANT WAS ALSO TOLD, ALTHOUGH IT'S NOT CONTAINED ON YOUR SLIDE, THAT THERE WOULD BE FIVE MINUTES FOR REBUTTAL. THEN YOU OPEN THE PUBLIC HEARING, SO YOU WILL START RIGHT NOW WITH A 10 MINUTE PRESENTATION BY THE APPELLANT. OK, FIRST I'VE GOT MR. NORBY. YOU'RE ON MUTE, SIR. AS I READ THAT FIRST SLIDE, THERE WOULD BE AN OPPORTUNITY OF OUR COUNCIL MEMBERS TO ASK QUESTIONS OF STAFF BEFORE WE GET INTO THE PRESENTATIONS BY THE APPELLANT? ABSOLUTELY CORRECT. OK, QUESTION THEN. I HAVE A FEW QUESTIONS, SO I HEARD THAT FOR PURPOSES OF FLOW IN TERMS OF THE SEWER, THE SITES NEED TO BE ELEVATED THREE FEET. IS THAT ACCURATE? BUT IT'S CORRECT, SO FOR SEWER PURPOSES, THE PADS DO NEED TO BE INCREASED BY THREE FEET. OKAY. AND THEN MY NEXT QUESTION WOULD BE IS A KIND OF A SINGLE BIO DETENTION FACILITY ON A SINGLE PIECE OF PROPERTY? IS THAT CONSIDERED A UTILITY? I CAN ANSWER THAT. YES, IT'S IT'S A DRAINAGE FACILITY. WE WOULD IT WOULDN'T BE CONSIDERED A UTILITY AS FAR AS ELECTRICAL, BUT IT'S A NECESSITY TO FOR DRAINAGE OF THE WATER. IT'S REQUIRED BY STATE REGULATIONS. AND SO THE WHAT I SAW WAS THAT WE COULD DEVIATE OR WE HAD DISCRETION BASED UPON [00:45:06] UTILITY REASON AND NOT BASED UPON A REASON FOR A FACILITY OR NOT BASED UPON A REASON THAT A PROJECT NEEDS A CERTAIN ITEM IN ORDER TO COMPLY. SO THE QUESTION IS REALLY JUST MATTER OF FACT AND DIRECT IS THE STATE DETENTION BASIN THAT IS INDIVIDUAL TO A PROJECT AND NOT CONNECTED TO OTHER MEMBERS OR OTHER PAYEES. IS THAT CONSIDERED A UTILITY? WELL, IN THE PRESENTATION, IT WASN'T NOTED ON THE SLIDE, BUT MS. EVANS ALSO NOTED THAT ITS UTILITY AND DRAINAGE SO DRAINAGE IS PART OF THE CONSIDERATION FOR THE PAD ELEVATIONS. SO THE PART THAT THE FOR US TO USE OUR DISCRETION THAT THAT STATEMENT READS FOR UTILITY REASONS OR FOR DRAINAGE REASONS, OR DOES IT JUST FOR UTILITY REASONS? IT'S FOR BOTH UTILITY AND DRAINAGE REQUIREMENTS. THANK YOU VERY MUCH FOR THAT. MY NEXT QUESTION IS, DO WE HAVE ANY EXAMPLES OF KIND OF NEWER PROJECTS? I GUESS I WOULD SAY MAYBE 15 YEARS OR 20 YEARS OR 10 YEARS, DO WE HAVE ANY EXAMPLES OF NEWER PROJECTS THAT HAVE USED PUMPS FOR EITHER SEWER OR FOR DRAINAGE REASONS? AH YES, WE DO, BUT I DON'T HAVE THEM HANDY, BUT THERE HAVE BEEN PUMPS USED FOR CERTAIN PROJECTS WITH FOR SEWER AND FOR DRAINAGE. THOSE AREN'T FAVORABLE. THOSE WERE PROJECTS THAT WERE KIND OF STUCK HAVING TO USE THOSE AS A THIRD ALTERNATIVE. BUT IT WOULDN'T BE THE FIRST DESIGN ALTERNATIVE THAT WE WOULD CHOOSE TO USE. OK. AND THEN I KNOW THE STREET VERY WELL. IT'S ON MY ROUTE TO CITY HALL AND JUST AN OBSERVATION OF THE STREET. I DON'T SEE ANY ELEVATED PATHS OR ANY PATHS THAT HAVE BEEN LIFTED. I SEE A LOT OF DRIVEWAYS THAT GO DOWN. AND A LOT OF BUILDING PATHS THAT ARE LOWER. AND I GUESS THEY'VE BEEN ABLE TO ACHIEVE FLOW ON THE SEWER, BUT IF DEVELOPED TODAY, THEY WOULD NEED A PUMP FOR THE DETENTION, THE DETENTION BASIN. OR COULD THEY GET IT DONE WITH A WIDER DETENTION BASIN THAT'S NOT AS DEEP? OR IS THAT THE ONLY OPTION IS TO GO WITH A PUMP SYSTEM FOR THE DETENTION BASIN? UH THOSE DETENTION BASINS WERE DESIGNED ABOUT AS SHALLOW AS THEY COULD GET. THEY USE SPECIAL MATERIALS TO TRY AND INCREASE THE STORAGE CAPACITY TO SHALLOW THEM UP, BUT THEY'RE ABOUT MAXED OUT ON THE SHALLOWNESS. SO YES, YOU WOULD NEED A PUMP TO... DIG INTO THE EARTH A LITTLE BIT AND MAKE IT DEEPER. OR IS THAT DEFEAT THE EFFORT OF HAVING A DETENTION BASIN? OH. THE DETENTION BASIN IS THE LOWEST PORTION OF THE WHOLE SYSTEM, AND THE DRAIN IS AT THE BOTTOM OF THAT, SO ANY AS YOU DIG DOWN THE DRAIN GETS THE OUTLET GETS LOWER, SO YOU NEED AN OUTLET BY GRAVITY, YOU NEED TO RAISE THAT UP. OK, I UNDERSTAND THAT. THANK YOU. THAT CONCLUDES MY QUESTIONS. ANYONE ELSE HAVE ANY QUESTIONS OF STAFF? SEEING, NO ONE THAN THE APPELLANT WOULD GO FIRST, AND THEY HAVE HELPED ME AGAIN, MS. BREWER, THEY HAVE TEN MINUTES. YES. BUT COULD YOU CONFIRM MY POWERPOINT? WE CAN SEE IT. THANK YOU. THANK YOU. GOOD AFTERNOON. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL, AND THANK YOU FOR THE OPPORTUNITY TO PRESENT MY APPEAL OF THE PLANNED COMMISSION'S APPROVAL OF ADAM STREET HOMES. IN ACCORDANCE WITH THE MUNICIPAL CODE, AS JESSICA DISCUSSED, THERE ARE TWO REASONS THAT A PROJECT CAN BE APPEALED TO THE COUNCIL, AND TODAY I'M GOING TO SPEAK TO BRIEFLY ABOUT BOTH. I UNDERSTAND THAT THE HEARING WAS CONDUCTED IN ACCORDANCE WITH THE LAWS IN PLACE AT THE TIME, BUT IT SURE DIDN'T FEEL FAIR. I'D LIKE TO HIGHLIGHT PROCEDURAL ISSUES THAT I BELIEVE CREATED UNFAIRNESS IN THE PROCESS. COMMENTS HAD TO BE SUBMITTED IN WRITING. THERE WAS NO OPPORTUNITY TO CALL IN OR SPEAK TO THE COMMISSION DIRECTLY. REQUEST TO MEET WITH THE COMMISSIONERS PRIOR TO THE HEARING WERE NOT GRANTED. THERE WAS NO NOTIFICATION THAT IF A COMMENT WAS SUBMITTED, THE SUBMITTER, THE SUBMITTER HAD TO SPECIFICALLY REQUEST IT BE READ INTO THE RECORD. THE DEVELOPER WAS PROVIDED COMMENTS OF COPIES OF ALL COMMENTS RECEIVED PRIOR TO THE MEETING, AND THOSE SAME COMMENTS WERE NOT AVAILABLE TO THE PUBLIC UNTIL AFTER THE MEETING. I COULDN'T READ WHAT MY NEIGHBORS SAID TO ME. THE PLANNING COMMISSION WAS TOLD DURING THE DESIGN AND DEVELOPMENT OF THE PROJECT THAT THE DEVELOPER HAD WORKED WITH THE NEIGHBORS PLANNING COMMISSION WAS GIVEN THE IMPRESSION THAT THE DEVELOPER HAD CONDUCTED OUTREACH, LISTENED AND ADDRESS CONCERNS AND DEVELOP A [00:50:01] DEVELOPER PROJECT THAT SATISFIED THE CONCERNS OF THE NEIGHBORHOOD. THE FACT IS, THEY ONLY MET WITH ONE ADJACENT PROPERTY OWNER BEFORE THE HEARING, AND THAT WAS ST. PATRICK'S CHURCH. I PERSONALLY REACHED OUT TO THE DEVELOPER BACK IN JANUARY OF 2021 TO EXPRESS MY CONCERN WITH THE AMOUNT OF GRADING AND RETAINING WALL IS BEING PROPOSED OFFERED TO MEET WITH THEM, THE DESIGN TEAM OR THEIR ENGINEER TO DISCUSS MY CONCERNS. THEY DID NOT ACCEPT MY OFFER AND THEIR RESPONSES INCLUDED AS PART OF THIS PRESENTATION. I BELIEVE THE PLANNING COMMISSION'S DECISION TO APPROVE THE PROJECT WAS INFLUENCED BY THE BELIEF THAT THE DEVELOPMENT WITH THIS DEVELOPMENT, PEDESTRIANS USING ADAMS STREET WOULD NO LONGER HAVE TO WALK IN THE STREET. DURING THE MEETING, THERE WAS A FAIR AMOUNT OF DISCUSSION ABOUT SAFETY, TRAFFIC CALMING PEDESTRIANS AT ST. PATRICK'S SCHOOL, ETC. THE COMMISSION WAS TOLD THAT THERE WERE SIDEWALKS ON ONE SIDE OF THE PROPERTY AND SIDEWALKS ON THE OTHER. AND THIS PROJECT WOULD PUT A CONTIGUOUS SIDEWALK ON THE WEST SIDE OF ADAMS. THE FACT IS, THE PARCEL JUST SOUTH OF THE SUBJECT PROPERTY WILL REMAIN UNIMPROVED AND PEDESTRIANS WILL HAVE TO CONTINUE TO WALK IN TO THE STREET. I BELIEVE THIS MISINFORMATION DELIVERED TO THE PLANNING COMMISSION WAS ANOTHER FACTOR THAT LED THE COMMISSION TO MAKE MORE OF AN EMOTIONAL DECISION RATHER THAN A DECISION BASED ON THE FACTS. THE PRESENTATION TO THE PLANNING COMMISSION STATED THAT BUILDING PADS WERE PROPOSED TO BE BETWEEN ONE TO FIVE AND A HALF FEET ABOVE EXISTING GRADES OF THE PROPERTY. THE FACT IS, ALL OF THE PADS PROPOSED ARE INCREASING BY MORE THAN FIVE AND A HALF FEET ABOVE THE EXISTING BRIDGE ON THE PROPERTY, AS YOU'LL SEE LATER, THIS ALSO IMPACTS THE BUILDING HEIGHTS. A COUPLE OF QUICK EXAMPLES SHOWN HERE IS A LOT THREE, THE PROPOSED PAD IS SIX AND A HALF FEET ABOVE THE EXISTING GRADE ONE TO THE PROPOSED PAD IS EIGHT POINT SEVEN FEET ABOVE THE EXISTING GRADE. SOME OF THE INFORMATION PRESENTED TO THE PLANNING COMMISSION WAS INACCURATE AND MISLEADING, AND THE PROPOSED GRADING AND BUILDING PADS DO NOT TAKE INTO ACCOUNT THE NATURAL TOPOGRAPHY OF THE SITE, AND THEY'RE NOT CONSISTENT OR COMPATIBLE WITH THE GRADES OF THE ADJACENT OR SURROUNDING PROPERTIES. THE DEVELOPER HAS STATED, AND THE PLANNING COMMISSION STAFF REPORT STATED ELEVATING THE BUILDING PADS FIVE POINT FIVE FEET IS NECESSARY IN ORDER TO INSTALL UTILITY AND DRAINAGE FACILITIES. THE NEXT FEW SLIDES, I'D LIKE TO TALK TO YOU ABOUT ALTERNATIVE DESIGNS THAT COULD HAVE BEEN INCORPORATED INTO THE PROJECT. THE DEVELOPMENT WAS LAID OUT WITH LARGE FLAT PADS ABOUT SEVEN TO EIGHT THOUSAND SQUARE FEET IN SIZE, FLAT REAR YARDS THAT ARE TWENTY EIGHT TO THREE THOUSAND EIGHT HUNDRED SQUARE FEET IN SIZE, AND THEN THE ENTIRE SITE DRAINS INTO TWO STORMWATER BASINS. THIS CROSS SECTION FROM THE TENTATIVE MAP SHOWS THE ENTIRE LOT BEING FILLED FOUR TO SIX FEET THROUGH THIS SECTION. THE BOTTOM LEFT PICTURE DEPICTS HOW THEY INTEND TO CONSTRUCT A DRAINAGE BASIN, WHICH WILL DISCHARGE RUNOFF VIA GRAVITY FLOW. AN ALTERNATIVE THAT COULD HAVE BEEN IMPLEMENTED IN LIEU OF WHAT WAS BEING PROPOSED WOULD BE THE INSTALLATION OF A PUMP SYSTEM TO DISCHARGE RUNOFF DURING RAIN EVENTS. THE BASIN COULD BE LOWERED TO THE EXISTING GRADE AND PUMP TO A DISCHARGE STRUCTURE THAT WOULD THEN GRAVITY OUTLET AS DESIGNED. IF THE PUMP FAILED DURING A RAIN EVENT, THE BASIN WOULD SIMPLY FILL UP OVERTOP AND DISCHARGE INTO THE SAME DISPERSION SYSTEM THAT IS CURRENTLY BEING PROPOSED. THIS DESIGN WOULDN'T CREATE ANY GREATER RISK OF FLOODING OR EROSION TO THE CURRENT. ANOTHER ALTERNATIVE PROBABLY PREFERABLE RATHER THAN HAVING TWO LARGE BASINS, IS TO HAVE SEVERAL SMALLER BASINS AT HIGHER ELEVATIONS IN THE PROPERTY ADJACENT TO OTHER HOA MAINTAINED IMPROVEMENTS. THIS WOULD REDUCE THE SIZE OF THE BASIN NEEDED IN THE LOWER PORTION OF THE LOT AND ELIMINATE THE NEED FOR IMPORTING SO MUCH FILL. THE SITE COULD HAVE ALSO BEEN DESIGNED WITH A SERIES OF TREATMENT, RETENTION AND INFILTRATION DEVICES, INCLUDING SUBSURFACE DRAINAGE AND STORAGE, WHICH COULD BE DISCHARGED TO AN OFF SITE STORM DRAIN SYSTEM VIA AN UNDERGROUND PIPING. THE DEVELOPER COULD HAVE ALSO UTILIZE, COLLECT AND RE-USE METHODS LIKE RAIN BARRELS FOR IRRIGATION. THEY COULD HAVE INCORPORATED PERVIOUS PAVEMENT, SUBSURFACE STORAGE SYSTEMS AND HIGHER AREAS OF THE LOTS THAT COULD HAVE ELIMINATED THE LANDSCAPE DRAINS AND PROVIDED SWELLS, PROVIDING OPPORTUNITY FOR INFILTRATION AND TREATMENT OF RUNOFF. THERE ARE A NUMBER OF ALTERNATIVE DESIGNS, TREATMENTS AND RETENTION SOLUTIONS THAT COULD HAVE BEEN IMPLEMENTED INTO THE DESIGN, ELIMINATING THE NEED FOR SO MUCH FILL. THE STORM WATER MANAGEMENT PLAN SUBMITTED WITH THE PROJECT SUMS IT UP WELL, CONSTRAINTS THAT INFLUENCE A STORM WATER MANAGEMENT DESIGN INCLUDED THE SIZE AND SCALE OF THE PROPOSED SITE PLAN. WHAT THE DEVELOPER IS SAYING IS BECAUSE WE DON'T WANT TO LOSE ANY FLAT USABLE YARD AREAS, WE HAVE TO FILL THE SITE TO CREATE A BASIN DEEP ENOUGH TO MITIGATE OUR STONEWARE IMPACTS. MOVING ON TO THE OTHER UTILITY CITED AS JUSTIFICATION FOR ELEVATING THE BUILDING PADS IS SEWAGE DISPOSAL. IF YOU TAKE A QUICK LOOK AT THE SYSTEM SERVING BOUGHT TO THE EXISTING MAIN AND ADAMS AS AN ELEVATION OF SEVENTY SEVEN FEET, THE MINIMUM PAD ELEVATION REQUIRED TO GRAVITY FLOWS TO A TWO PERCENT IS APPROXIMATELY EIGHTY TWO AND A HALF FEET ABOVE SEA LEVEL. THIS EXHIBIT SHOWS A CROSS SECTION BETWEEN LOT TWO AND THE HOME, JUST TO THE NORTH OF THE PROJECT THAT STATED THE MINIMUM ELEVATION NEEDED THE GRAVITY FLOW IS EIGHTY [00:55:02] TWO AND A HALF. PAD COULD BE FURTHER ELEVATED TO AN ELEVATION OF EIGHTY FIVE POINT SEVEN AND MAINTAIN A BUILDING HEIGHT UNDER THE 30 FOOT MAXIMUM HEIGHTS LIMIT IN ZONE. BUT THE DEVELOPER IS PROPOSING TO DO IS FILL IT TO AN ELEVATION OF NINETY POINT SEVEN, EIGHT FEET ABOVE WHAT IS NECESSARY FOR GRAVITY FLOW SEWER. THE LOWER LOTS POSE MORE OF A CHALLENGE, BUT AS YOU CAN SEE HERE, THE PAD ELEVATION OF THE REAR LOT ONLY NEEDS TO BE AT AN ELEVATION OF ABOUT EIGHTY TWO AND A HALF OR ABOUT FIVE FEET LOWER THAN WHAT THEY ARE PROPOSING. YOU CAN SEE THERE'S NO REASON THE SITE NEEDS TO BE RAISE FIVE POINT SEVEN TO EIGHT POINT SEVEN FEET ABOVE EXISTING GRADES IN ORDER TO DRAIN OR SEWER THE PROPOSED HOMES. PLANNING COMMISSION WAS TOLD THE HEIGHT OF THE BUILDING WALLS, THE HEIGHT OF THE BUILDING PADS WERE NECESSARY TO ACCOMMODATE GRAVITY FLOW. THE STAFF REPORT BEFORE YOU TODAY SAYS THE BUILDING PADS NEED TO BE ELEVATED ONLY THREE FEET FOR PROPOSED SEWER SYSTEM, AND THE INFORMATION PRESENTED TO THE PLANNING COMMISSION WAS NOT FACTUAL. ANOTHER OPTION, THE SEWER OF A PROPERTY THAT WASN'T EXPLORED WOULD HAVE BEEN TO CONVEY THROUGH A DRAFT SITE AN EASEMENT THROUGH AN ADJACENT PROPERTY. THERE'S PLENTY OF FALL AVAILABLE TO SEWER, EITHER TO MAGNOLIA OR [INAUDIBLE]. FOR SOME REASON, GRAVITY SYSTEM CANNOT SERVE THE REAR PROPERTIES. FOR EXAMPLE, IF THE MAINE AND ADAMS WAS LOWER THAN HAD SHOWN ON THE HIGHER EXCUSE ME THAN SHOWN ON THE [INAUDIBLE] PLANS. THE DEVELOPER SHOULD BE REQUIRED TO INSTALL INDIVIDUAL SEWER PUMPS TO SERVE THE HOME'S PLUMBING. SEWAGE IS AN IDEAL, BUT IT'S DONE ALL THE TIME. THE TAMARACK FIVE SUBDIVISION WAS CONSTRUCTED JUST A FEW BLOCKS AWAY. THIS PROJECT CONSTRUCTED FIVE HOMES, AND EACH ONE WAS SERVED BY AN INDIVIDUAL SEWER PUMP SYSTEM. THE REASON THESE HOMES ARE SERVED BY A SEWER PUMP SYSTEM, ACCORDING TO THE PLANNING COMMISSION STAFF REPORT, IN ORDER TO PROVIDE A GRAVITY SYSTEM, THE PROJECT WOULD HAVE HAD TO RAISE THE ELEVATION SIX FEET, AND THAT WOULD NOT HAVE BEEN COMPATIBLE WITH THE ADJACENT PROPERTIES. THE ADAMS HOME PROJECT IS NO DIFFERENT, RAISING THE PROPERTY AND CONSTRUCTING PADS THAT ARE FIVE POINT SEVEN TO EIGHT POINT SEVEN FEET HIGHER THAN EXISTING IS NOT COMPATIBLE WITH THE EXISTING GRADE OR THE ADJACENT PROPERTIES. AND I'D LIKE TO BRIEFLY TALK ABOUT BUILDING HEIGHTS AND CODE REVISIONS RELATED TO THAT. BACK IN 2009, THE [INAUDIBLE] CODE WAS MODIFIED TO ALLOW FOR BUILDING HATRED MEASURED AT FINISH GRADE ASSOCIATED WITH A DISCRETIONARY PERMIT. IN REVIEWING MEETING MINUTES OF PLANNING COMMISSION MEETINGS AND COUNCIL MEETINGS, YOU CAN FIND SPECIFIC DISCUSSIONS REGARDING COASTAL DEVELOPMENT PERMITS AND EXPRESSED CONCERNS ABOUT DEVELOPERS TAKING ADVANTAGE OF THE PROPOSED CODE CHANGE NUMEROUS TIMES THROUGHOUT THE HEARING, STAFF CONFIRMED AND REASSURED THE PUBLIC THAT THE CODE CHANGE WOULD BE THE EXCEPTION TO THE RULE AND THAT STAFF ALWAYS PUSHES APPLICANTS TO MINIMIZE THE AMOUNT OF GRADING AND RETAINING WALLS ON A PROJECT. HE FURTHER EXPLAINED THAT THE INTENT OF THE CODE WAS TO ALLOW SOME FLEXIBILITY FOR MAJOR PROJECTS THAT REGRADE THE ENTIRE TOPOGRAPHY OF THE SITE. SEEING PRODUCTS AND RANCH, OR CORI CREEK. THIS EXHIBIT JESSICA SHOWED YOU SHOWS BUILDING TWO AND A HALF FEET ABOVE THE HEIGHT LIMIT. WHAT WE HAVEN'T SEEN IS AN EXAMPLE OF LOT 2. AS PROPOSED, THE BUILD HEIGHT IS OVER FIVE FEET ABOVE THE ALLOWABLE HEIGHT LIMIT, IF MEASURED FROM EXISTING GRADE. IN MY OPINION, THE INFORMATION PRESENTED TO THE PLANNING COMMISSION WAS SELECTIVE, MISLEADING AND ERRONEOUS AT TIME. AND THIS IS WHY I BELIEVE THE PLANNING COMMISSION ERRED IN THEIR DISCRETION AND WHY THEIR DISCRETION WAS NOT SUPPORTED BY FACTS. I DON'T KNOW HOW MUCH TIME OR 30 SECONDS. OK. I'LL SKIP THE SLIDES AND JUST GO TO A CONCLUSION, I GUESS I ASK THAT THE COUNCIL FIND THERE'S SUBSTANTIAL EVIDENCE. THAT THE INFORMATION PRESENTED TO THE PLANNING COMMISSION WAS LACKING OR NOT FACTUAL, CAUSING THE PLANNING COMMISSION TO ERR IN THEIR DISCRETION TO APPROVE THE PROJECT AND RECOMMEND THAT YOU GRANT THE APPEAL AND REMAND THE PROJECT BACK TO THE PLANNING COMMISSION. AND MY CLOCK, I'M PAST 10 MINUTES. THAT IS YOUR TIME, THANK YOU. OKAY. SO WE GO TO THE APPLICANT NEXT. HELLO, THIS IS TOM ST. CLAIR. CAN YOU HEAR ME? YES. SO MY NAME IS TOM ST. CLAIR, I'M AT RINCON HOMES. FIRST OFF, I'D LIKE TO THANK STAFF FOR THEIR HARD WORK ON THIS PROJECT AND THE CITY COUNCIL FOR YOUR TIME. I'M GOING TO ADDRESS A FEW OF THE ISSUES THAT JOHN BROUGHT UP, BUT OUR PROJECT WAS INITIALLY IT'S DESIGNED WITH STAFF RECOMMENDATIONS IN MIND. THE MAIN ISSUE PRESENTED IS OUR PAD ELEVATIONS ARE HIGHER THAN THE EXISTING RATE. HOWEVER, THE CITY CODE ALLOWS FOR THIS IN CERTAIN CIRCUMSTANCES, AND STAFF AGREES THAT OUR SITE FITS THAT CRITERIA. OUR PAD ELEVATIONS WERE ABSOLUTELY DICTATED BY THAT RECOMMENDATION TO NOT PUMP, STORM, WATER AND SEWER. [01:00:01] THIS IS A SMALL SUBDIVISION. THE FEAR OF A PUMP FAILURE CAN CAUSE SOME SERIOUS ISSUES. WITH THIS IN MIND, THE PROCESS WITH CARLSBAD IS LENGTHY TO GET APPROVALS, AND WE DECIDED THE BEST COURSE OF ACTION WAS TO FOLLOW STAFF RECOMMENDATIONS. NOW I HAVE A LOT OF THINGS THAT I WAS GOING TO ADDRESS THAT JOHN HAS BROUGHT UP, HOWEVER, BASED UPON HIS PRESENTATION AND SOME OF THE INFORMATION THAT WAS PROVIDED THAT I BELIEVE TO BE A LITTLE SELECTIVE AND MISLEADING ON HIS PART. I'M GOING TO BRING MY CIVIL ENGINEER TYLER LAWSON IN RIGHT NOW TO. TO ADDRESS ALL THE CIVIL QUESTIONS, THEN I'LL GO BACK TO MY STUFF SO YOU CAN LET TYLER IN. GOOD AFTERNOON, CAN YOU GUYS HEAR ME? YEAH. YEAH. IS IT POSSIBLE FOR ME TO SHARE MY SCREEN? YES, YOU CAN SHARE YOUR SCREEN. WHERE'S THAT OPTION FOR ME? BOTTOM OF THE SCREEN, IT SAYS SHARE SCREEN. GREAT, THANKS. YEAH. GOOD EVENING, MAYOR, COUNCIL MEMBER, TYLER LAWSON, PASCAL, LARET, SUITER AND ASSOCIATES. I'M THE CIVIL ENGINEER FOR THE PROJECT. SO, YEAH, I WANT TO I WANT TO JUMP IN HERE AND CLEAR A FEW THINGS UP. I THINK THERE'S A LITTLE BIT OF BACK AND FORTH ABOUT WHAT WAS DRIVING THE HEIGHT OF THE PADS, IN PARTICULAR THE PADS THAT ARE TO THE WEST, THE ONES THAT ABUT THE SCHOOL. SO THIS IS AN EXHIBIT THAT WE HAD PREVIOUSLY PROVIDED. BUT I WANT TO HIGHLIGHT SOMETHING HERE THAT I THINK JASON GELDER HAD HAD SUGGESTED AND IT WAS IN THE PLANNING COMMISSION STAFF REPORT AS WELL. BUT BUT AGAIN, WE'RE DESIGNING THE PADS IN THE BACK TO BASICALLY AS LOW AS THEY CAN GO TO STILL GET THE STORM WATER OUT ON GRAVITY, NOT THE SEWER. THERE'S THERE'S SOME CONFUSION. I FEEL LIKE AT SOME POINTS THAT THE THE APPELLANT IS CLAIMING THAT THE SEWER IS THE DRIVING BOAT. BUT BUT WE HAVE NEVER REPRESENTED THAT IT'S STORM WATER AND AS JASON GELDER AND AS TOM AND OTHER STAFF MEMBERS, ENGINEERING STAFF MEMBERS HAVE STATED, YOU KNOW, DESIGNING A PROJECT THAT RELIES ON A STORM ON A PUMP TO GET STORM WATER OUT IS IS FRANKLY, IT'S NOT GOOD ENGINEERING. IT'S NOT BEST PRACTICE. AND WHEN IT CAN BE AVOIDED, IT SHOULD BE AVOIDED AT ALL COSTS. I CAN TELL YOU IN IN 16 YEARS OF ME BEING AN ENGINEER, I'VE ONLY HAD TWO PROJECTS THAT EVER HAD PUMPS AND I REGRETTED BOTH OF THEM. IT'S THEY HAVE MAINTENANCE ISSUES FROM TIME TO TIME. WHEN THE POWER GOES OUT, THERE'S ISSUES WITH THEM. THEY THEY TEND TO BE A LITTLE STINKY. THERE'S A LOT OF ISSUES WITH WITH HAVING PUMPS. AND SO WE'VE TAKEN ALL PRECAUTIONS TO BASICALLY TRY TO GET THIS TO DRAIN ON GRAVITY. SO I WANT TO MAKE SURE THAT EVERYBODY UNDERSTANDS THAT. ADDITIONALLY, THERE WERE SOME CONFUSION OR SOME QUESTIONS ABOUT SEWER FOR THE FRONT UNITS. AND I'M GOING TO SWITCH OVER HERE, SO THE FRONT UNITS, THE PAD ELEVATION WAS NOT SET BY STORM WATER, SO THOSE ARE OBVIOUSLY HIGHER IN ELEVATION AND THOSE PADS ARE ABLE TO DRAIN TO THE LOWER AREA AND GET INTO THE BNP THAT WE'VE DESIGNED AT THE WEST END OF THE PROPERTY. THE DRIVING FACTOR FOR LOTS ONE AND TWO THAT FRONT ON ADAMS IS THE DRIVEWAYS. SO ONE OF THE THINGS I BELIEVE, MAYBE A COUNCIL MEMBER, OR MAYBE THE APPLICANT OR THE APPELLANT HAD STATED, BUT WE ARE PROVIDING A FRONTAGE TO ADAM STREET THAT IS CONSISTENT WHAT STAFF HAD RECOMMENDED, WHICH IS A PARKWAY AND SIDEWALK IMPROVEMENTS. SO BECAUSE WE HAVE TO DO THAT, OUR SITE IS IS BASICALLY BEING ELEVATED WITHIN THE RIGHT OF WAY. AND THAT'S SOMETHING THAT SOME OF THE OTHER PROPERTIES TO THE NORTH AND TO THE SOUTH OF US DON'T HAVE. AND I THINK JESSICA HAD POINTED THIS OUT THAT THAT HAD THOSE PROPERTIES BEEN DEVELOPED TODAY, THAT WOULD HAVE IT WOULD HAVE HAD TO INCREASE THEIR PAD ELEVATIONS AND THEIR DRIVEWAYS, AND SUCH WOULD HAVE WOULD HAVE COME UP AS WELL. YOU KNOW, ONE THING I GUESS I WANTED TO HIGHLIGHT THAT I THOUGHT WAS A LITTLE MISLEADING IN THE APPELLANT'S LETTER THAT, BY THE WAY, I JUST RECEIVED A COUPLE OF HOURS AGO. SO I WAS TRYING TO READ THROUGH IT AND AND ADDRESS SOME OF THESE THINGS. SO, YOU KNOW, ONE, FOR EXAMPLE, I WANT TO POINT OUT THAT AGAIN, I THINK IS MISLEADING IS, YOU KNOW, THERE'S A LOT OF INFORMATION ABOUT THE AMOUNT OF FILL THAT WE HAVE. SO, YOU KNOW, ONE IS AN EXAMPLE. THEY'RE CLAIMING 5.7 FEET OF FILL ON LOT ONE. BUT WHAT I WANT TO HIGHLIGHT HERE IS, YOU KNOW, THE MAJORITY OF THE SINGLE FAMILY HOME, YOU CAN SEE THE CONTOURS HERE. THERE'S A NINETY ONE NINETY ONE, 90, 90 AGAIN OVER HERE. SO YOU KNOW, IT'S A FILL OF 1.7. LET'S CALL IT MAYBE TWO FEET. IF WE'RE BEING CONSERVATIVE FOR THE FRONT HOME, THE APPELLANT IS, IN MY OPINION, EXAGGERATING THE AMOUNT OF FILL ACROSS THE ENTIRE LOT BECAUSE OF ONE HOME OR THE PORTION OF THE ADU IN THE BACK. AT NINETY ONE SEVEN, THERE'S A CONTOUR OF 87 BACK HERE AND THIS ONE CORNER OF IT IS AT FOUR FEET, FOUR AND A HALF FEET OF FILL. SO, YOU KNOW, I GUESS THERE'S A HANDFUL OF THINGS THAT ARE LIKE THIS THAT ARE WITHIN THE 39 PAGES THAT I WAS ABLE TO QUICKLY REVIEW THAT FRANKLY, ARE MISLEADING OR PERHAPS [01:05:03] SHOW A LACK OF UNDERSTANDING OF KIND OF WHAT THE DESIGN INTENT IS. TRYING TO THINK IF THERE'S ANYTHING ELSE KIND OF BIG PICTURE HERE. YOU KNOW, ONE OF THE THINGS. SO HE ALSO DISCUSSES A NUMBER OF ALTERNATIVE DESIGN CONCEPTS THAT COULD, IN HIS OPINION, ALLEVIATE OR REDUCE THE DEPTH OF FILL AND REDUCE THE DEPTH OF THE BNP. AND AND FRANKLY, THAT'S NOT ACCURATE. IF YOU GUYS CAN RECALL ON HIS ALTERNATIVE DESIGNS HE WAS HE WAS CONTEMPLATING PUTTING BNPS BASICALLY IN THE MIDDLE OF SLOPES, WHICH WHICH FRANKLY DOESN'T WORK. YOU CAN'T PUT BNPS IN THE MIDDLE OF SLOPES. AND FURTHERMORE, THE DEPTH OF THE BNP IS WHAT'S DRIVING THE FILL. IT DOESN'T HAVE TO DO WITH THE AREA OF THE BNP. SO EVEN IF THERE WAS A WAY TO PROVIDE ADDITIONAL SMALLER BNPS, THE DEPTH WOULD NOT BE REDUCED AND THE HEIGHT WOULD NOT BE ABLE TO BE REDUCED FOR THOSE BACK TWO LOTS. I THINK I THINK THAT'S IT FROM A TECHNICAL STANDPOINT, BUT I AM AVAILABLE FOR ANY QUESTIONS. TOM, I'M NOT SURE IF YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADDRESS. YEAH, I DO. THANKS, TYLER. SO ONE OF THE THINGS THAT WAS MENTIONED IN THE ACTUAL REPORT THAT WAS SENT OUT FROM JOHN PRESENTATION THAT THE AID USED IN THE G8 IS KIND OF UNFAIRLY INFLUENCE THE PLANNING COMMISSION BY PROVIDING AFFORDABLE HOUSING. HOWEVER, DURING THE PLANNING COMMISSION HEARING, RON KEMP, THE CITY ATTORNEY, MENTIONED TO EVERYONE ON THE PLANNING COMMISSION. THAT THEY WERE TO IGNORE THE ADU AND JDU AS PART OF THEIR DECISION MAKING PROCESS FOR THIS PROJECT AND THAT THEY SHOULD BE APPROVING IT WITHOUT CONSIDERING THE ADU AND JDUS. THOSE WERE ADMINISTERIAL APPROVAL ONLY. I PERSONALLY BELIEVE THAT STAFF ABSOLUTELY UNDERSTOOD THIS. THEY'RE COMPETENT TO NOT HAVE THAT AFFECT THEIR DECISION. THERE IS ALSO THAT THERE WAS A SAFETY CONCERN, OR MAYBE THAT JOHN HAD BROUGHT UP THAT AROUND THE STREET, THE SIDEWALK, THAT PLANNING COMMISSION WAS UNFAIRLY INFLUENCED, THAT THE SIDEWALK IS A SAFETY IS, YOU KNOW, HELPING OUT CHILDREN AND ADULTS BY PROVIDING A SIDEWALK, BUT IT DOESN'T ACTUALLY CONNECT TO OUR NEIGHBORING PROPERTY. THAT IS TRUE. HOWEVER, I STILL THINK IT'S ADVANTAGEOUS THAT WE'RE PROVIDING ONE HUNDRED AND NINETY FIVE FEET OF FRONTAGE WITH SIDEWALK, AND I THINK ANY ADULTS OR CHILDREN THAT ARE WALKING ON THAT SIDEWALK VERSUS THE STREET WOULD BE SAFER. SO I, YOU KNOW, I JUST I KIND OF DISAGREE WITH THAT CONCEPT, BUT WE DID REACH OUT TO DIFFERENT NURSERIES AS FAR AS THE TREES GO BASED UPON THE HEALTH OF THE TREES. WE COULDN'T FIND A NURSERY THAT WAS GOING TO HARVEST THOSE TREES. AS FAR AS NEIGHBORHOOD REACH OUT, WE FOLLOWED ALL THE SAFETY PROTOCOLS. REMINDER THIS IS COVID TIME, SO WE SENT OUT NOTICES TO ALL THE NEIGHBORS. WE RECEIVE COMMENTS, EMAILS FROM JOHN. WE ONLY RECEIVED JOHN FAILED TO MENTION OR IDENTIFY HIMSELF, WHICH I TOTALLY UNDERSTAND THAT HE WAS TRYING TO AS HE DOES WORK WITH THE CITY. BUT IT WAS DIFFICULT COMMUNICATING WITH HIM, NOT KNOWING WHERE HIS PROPERTY WAS OR HOW WE WERE IMPACTING HIM. REGARDLESS, COMMUNICATION DID TRANSFER TO JESSICA. WE WORK WITH JESSICA TO MINIMIZE THE IMPACT TO THE NEIGHBORS. IN THAT LETTER TO JOHN, I DID STATE THAT REDUCING ADDING TWO TO ONE SLOPE WAS GOING TO HURT OUR YARD AREA. HOWEVER, WE DID END UP ACQUIESCING ON THAT SLOPING OUR SIDE YARDS AND REDUCING OUR FLAT PADS AND USABLE YARDS, AND WE REDUCED OUR WALL HEIGHTS. WE PUSHED THE ADU OFF THE PROPERTY LINE. WE REDUCED THE SIZE OF THE ADU. I DID MEET WITH JOHN IN PERSON. UNFORTUNATELY, YOU KNOW, THROUGH HIS CONVERSATIONS, REALLY THE ONLY THING THAT CARES ABOUT, WHICH IS TOTALLY UNDERSTAND, IS THAT HE WANTS HIS, THE PAD HEIGHTS LOWERED AND THE SLOPING AND REDUCING WALL HEIGHTS WAS NOT AS APPEALING TO JUST REDUCING THE PAD HEIGHTS. SO ALSO, AS MENTIONED IN THAT REPORT ABOUT. THAT CONCLUDES THE TEN MINUTES. MM-HMM. OKAY, SO NOW WE OPEN THE PUBLIC HEARING AND HAVE TESTIMONY. I BELIEVE THAT'S CORRECT. COUNCILMAN THE BELIEVE THAT THE APPELLANT WAS TOLD, OH, THAT'S RIGHT FOR REBUTTAL. AND I'D ALSO BEFORE YOU GO TO THE PUBLIC HEARING AFTER THE REBUTTAL. I WOULD LIKE TO MAKE SOME COMMENTS ON THE STANDARDS. OKAY, THANK YOU. WELL. WE'LL HAVE THE REBUTTAL. THANK YOU. FIVE MINUTES, IS THAT CORRECT? [01:10:03] YES, SIR. I DON'T THINK I NEED ALL THAT, BUT JUST WANTED IT TO SPEAK THROUGH, I MEAN. SURE, SCREEN A COUPLE OF ISSUES RELATED TO THE TO THE DRAINAGE. I WASN'T SUGGESTING THAT B&P'S BE BUILT INTO THE SLOPES. THEY COULD BE BUILT INTO THE YARD AREAS AND SUPPORTED WITH RETAINING WALLS AS NEEDED. THE PROBLEM IS THAT THE DEVELOPER DOESN'T WANT TO LOSE ANY FLAT BUILDING PAD OR YARD AREAS WHEN TALKING ABOUT THE DRIVEWAY GRADES. YES, THE GRADES WOULD INCREASE, BUT 14 PERCENT IS THE MAXIMUM GRADE THAT YOU CAN HAVE FOR A DRIVER WITHOUT AN EXCEPTION. THE HOUSE WOULD POSSIBLY NEED TO MOVE BACK A LITTLE BIT, BUT IT'S CERTAINLY DOABLE TO LOWER THE PADS QUITE A BIT AND CONSTRUCT THE DRIVEWAY OF THAT SORT OF A HOME ON THE LOT ONE YOU MIGHT NOT HAVE AS BIG A BACKYARD, YOU MIGHT HAVE A LITTLE STEEPER DRIVEWAY, BUT IT'S ALL DOABLE AS IT RELATES TO THE ACQUIESCE. TOM MENTIONED ABOUT LOWERING THE WALL HEIGHTS. THE ORIGINAL SUBMITTAL CAME IN WITH THE WALL HEIGHT RIGHT ON THE PROPERTY LINE. THEY REVISED IT TO PUT IN A TWO TO ONE SLOPE. IT'S A VERY SMALL AREA THAT HE'S TALKING ABOUT HERE. THIS SHOWS THE ORIGINAL DESIGN OF THE WALL AND THE BLUE AREA HERE IS THE ORIGINAL DESIGN WITH A TWO TO ONE SLOPE ON IT, AND I WOULD ARGUE THEY DIDN'T DO THAT TO MAKE THE NEIGHBORS HAPPY OR TO MAKE THE PROJECT MORE COMPATIBLE. THEY DID IT BECAUSE THEY SUBMITTED A PROJECT WITH A GREATER THAN A 10 FOOT SIDE YARD WALL FENCE COMBINATION, AND THAT WOULD HAVE REQUIRED THE DEVELOPER TO REQUEST THE VARIANCE, AND PLANNING WOULDN'T HAVE SUPPORTED THAT VARIANCE REQUEST. SO THEY HAD TO MOVE, THEY HAD THEY FOUND ANOTHER SOLUTION. I UNDERSTAND THE DESIGN INTENT, I GUESS MY POINT ABOUT HIGHLIGHTING THE FACT THAT THERE ARE FIELDS MUCH GREATER THAN SPOKEN TO IN THE STAFF REPORT AND THE PLANNING COMMISSION RESOLUTIONS IS, YOU KNOW, IT'S JUST A MATTER OF FACT THAT YOU ARE FILLING UP TO EIGHT POINT SEVEN FEET HERE. AND IT'S NOT NECESSARILY ABOUT THE PAD. THE BUILDING HEIGHT IS REALLY THIS THIS HOME RIGHT HERE WITH WITH AN UNDERLYING ELEVATION OF EIGHTY THREE AND A HALF RIGHT AT THE RIDGELINE OF THE ROOF, IT'S FIVE FEET OVER WHAT WOULD BE ALLOWED IN THIS AREA AND IT TAKES AWAY A SKIP THE SLIDES AT THE END BECAUSE I WAS RUNNING LONG. BUT DANNY, BEVERLY, JOHN, THEY ALL HAVE OCEAN VIEWS THROUGH THIS PROPERTY AND THE RIDGE LINE ELEVATION OF 112. IF YOU COMPLIED WITH THE CODE REQUIREMENTS AND MEASURED FROM EXISTING GRADE WOULD BE AT ABOUT 112 IN LOT TWO, AND WHAT YOU'RE PROPOSING IS A ROOFLINE OF ABOUT 117. BEVERLY'S VIEWS ABOUT 114. SO THERE ARE GREAT THERE ARE IMPACTS GREATER THAN THE PATHS THAT WILL OCCUR IF THIS PROPERTY IS ALLOWED TO BE DEVELOPED WITH AN ARBITRARY PAD, ELEVATIONS THAT I BELIEVE ARE SIMPLY TO CAPTURE OCEAN VIEWS. SO WITH THAT, I'LL TURN IT BACK TO THE NEXT SPEAKER. OK, SO WE'LL OPEN UP THE PUBLIC TESTIMONY. AT THIS, IT WILL OPEN THE PUBLIC HEARING. OH, I'M SORRY, MS. BREWER, YOU WANTED TO COMMENT, SHE SAID. AND IT MIGHT BE FRESHER IN THE COUNCIL MEMBERS OF MINDS IF I DID IT AFTER THE TESTIMONY, I JUST WANT TO GO OVER THE STANDARDS FOR THE APPEAL. THANK YOU. OK. SO I CAN DO IT AFTER THE. WOULD YOU RATHER HAVE ME DO IT NOW OR AFTER THE TESTIMONY? LET'S GO AHEAD AND GET THE TESTIMONY. THEN WE'LL WE'LL COME BACK TO YOU. OK, THANK YOU. SO WE'LL OPEN THE PUBLIC HEARING. CITY CLERK, DO YOU WANT TO CALL NAMES. YES MAYOR AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER 11. PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO RAISE YOUR HAND. WHEN I CALL YOUR NAME OR LAST FOUR DIGITS OF YOUR PHONE NUMBER, PLEASE PRESS STAR SIX TWO ON MUTE. THE FIRST SPEAKER IS MARK KUHN. CAN YOU PLEASE UNMUTE? YES. MY NAME IS PASTOR MARK KUHN FROM NEW SONG CHURCH IN CARLSBAD. I'M ALSO THE EXECUTIVE PASTOR FOR NEW SONG CHURCH ON HIS [INAUDIBLE] REASON I'M COMMENTING TODAY IS I SUBMITTED MY COMMENTS TO THE PLANNING COMMISSION WHEN I GOT PUBLIC NOTICE THAT THE PLANNING COMMISSION ACKNOWLEDGED THAT THEY RECEIVED MY COMMENTS BECAUSE THE BACK OF THIS PROPERTY BORDERS NEW SONG COMMUNITY CHURCH CARLSBAD DOES NOT IMPACT ST. PATRICK'S. IT IMPACTS MY CAMPUS. AND I SUBMITTED MY COMMENTS TO THEM. [01:15:01] THEY ACKNOWLEDGED THEM AND THAT WAS IT. I NEVER RECEIVED A NOTICE THAT THERE WAS A PLANNING COMMISSION, PUBLIC HEARING. I NEVER GOT TO APPEAR BEFORE THE PLANNING COMMISSION PUBLIC HEARING TO EXPRESS MY CONCERNS ABOUT THE STORM WATER RUNOFF, AND A DEVELOPER NEVER MADE CONTACT WITH ME TO DISCUSS THIS. SO BASED ON THAT, I SUBMIT THAT TO YOU AND I ASK THAT YOU SEND THIS BACK TO THE PLANNING COMMISSION SO WE CAN HAVE SOME RESOLUTION ON THIS ISSUE. THANK YOU. WE DON'T HAVE ANY MORE SPEAKERS MAYOR. OK. MS. BREWER, I'LL CLOSE THE PUBLIC TESTIMONY AND GO TO YOU MS. BREWER, THANK YOU VERY MUCH. I JUST WANTED TO REVIEW THE STANDARDS FOR APPEAL. AS THE APPELLANT SAID THE GROUNDS FOR AN APPEAL SHOULD BE IF THERE IS AN ERROR OR AN ABUSE OF DISCRETION THAT CAN BE DEMONSTRATED ONE OF TWO WAYS. NUMBER ONE, THAT THE FACTS DIDN'T SUPPORT THE PLANNING COMMISSION'S DECISION OR TWO, THAT THERE WAS NOT A FAIR AND IMPARTIAL HEARING. SO I'M GOING TO DO THEM IN REVERSE ORDER. JUST AS THE APPELLANT DID. A FAIR AND IMPARTIAL HEARING FROM A LEGAL PERSPECTIVE, REQUIRES THE FAIRNESS, REQUIRES NOTICE AND AN OPPORTUNITY TO BE HEARD. AND THE APPELLANT DID ACKNOWLEDGE THAT EVERYTHING WAS DONE IN ACCORDANCE WITH THE LAW. AND IMPARTIAL HEARING MEANS THAT WE HAVE FAIR AND IMPARTIAL DECISION MAKERS, AND NO EVIDENCE HAS BEEN PRESENTED THAT WE HAD A DECISION MAKER THAT WAS NOT IMPARTIAL, MEANING A CONFLICT OF INTEREST OR SOMEBODY WHO COULD NOT EVALUATE THE FACTS FAIRLY AND OBJECTIVELY. SO THAT'S WHAT THE MEANING OF THOSE WORDS UNDER THE LAW WITH RESPECT TO THE FACTS PRESENTED TO THE PLANNING COMMISSION. YOU'D HAVE TO CHECK WITH YOUR PLANNING DIRECTOR, BUT IT SAYS THAT THE PLANNING DECISION HAS TO BE SUPPORTED BY THE FACTS THAT WERE PRESENTED. NOT THAT YOU SHOULD PRESENT ALTERNATIVE FACTS AND ALTERNATIVE DESIGNS. YOU'LL HAVE TO CONFIRM WHETHER THOSE WERE PRESENTED TO THE PLANNING COMMISSION. IF THEY WEREN'T, YOU CAN'T CONSIDER THEM TODAY. AND FINALLY, THERE WAS A LOT OF TESTIMONY THAT YOU SHOULD GET TO WHY THE DECISION WAS MADE, THAT PEOPLE WERE MOTIVATED BY THE ADUS, ET CETERA. BUT THE LAW IS VERY CLEAR THAT YOU CAN'T GO INTO THE INDIVIDUAL MOTIVATIONS OR BEHIND THE MOTIVATIONS OF A DECISION MAKER OR COUNCIL MEMBER. IT WOULD JUST BE IMPOSSIBLE TO KNOW WHY PEOPLE MAKE THEIR DECISIONS, AND WE CAN'T GO ON ASSUMPTIONS. SO I JUST WANTED TO CLARIFY THOSE ISSUES FOR THE COUNCIL BEFORE YOU BEGIN YOUR DELIBERATIONS. SO I GUESS THE FIRST QUESTION I WOULD HAVE WOULD BE A STAFF ABOUT THE FACTUAL INFORMATION AND ALLOW YOU TO RESPOND TO THAT. MAYOR, LET ME GO AHEAD AND RESPOND TO THAT QUESTION, SO I THINK, AS ALWAYS, THE THE PLANNING COMMISSION WAS PROVIDED ALL PUBLIC COMMENTS DURING THIS PERIOD OF PUBLIC HEARINGS UNDER COVID. AS SOON AS THE PUBLIC WOULD SEND IN ANY SORT OF COMMENTS, WE WOULD FORWARD THEM TO THE COMMISSION SO THEY'D HAVE AN OPPORTUNITY TO REVIEW IT. AND IN FACT, THEN QUITE A BIT OF PLANNING COMMISSION DISCUSSION. THERE'S BEEN SORT OF AN ACKNOWLEDGMENT THAT THE COMMISSION'S ACTUALLY FOUND IT HELPFUL GETTING COMMENTS EARLIER IN THE PROCESS AND HAVING MORE TIME TO CONSIDER THE POINTS RAISED. SO THERE WERE COMMENTS SUBMITTED BY THE APPELLANT AND SOME OF THE NEIGHBORS THAT WERE PROVIDED TO THE COMMISSION IN ADVANCE OF THE MEETING. IT WAS DISCUSSED IN THE HEARING DURING THIS PERIOD OF VIRTUAL MEETINGS AS WELL. WE WOULD INDICATE ON THE AGENDAS AND THE PUBLIC NOTICE AS TO HOW THE MEETINGS WOULD WORK ABOUT PEOPLE SUBMITTING WRITTEN COMMENTS AND THEN INDICATING THAT THEY WANTED THEM READ ALOUD AT THE HEARING, UNTIL WE RECENTLY SWITCHED OVER TO A FORMAT SIMILAR TO THE COUNCILS WHERE PEOPLE COULD SPEAK DIRECTLY TO THE COMMISSIONERS, THE PLANNING COMMISSIONERS DO RECEIVE A BRIEFING. THEY RECEIVED A STAFF REPORT, THEY RECEIVED FULL SIZED PLANS AND THEY DID RECEIVE SOME OF THE ALTERNATIVES THAT WERE DISCUSSED TODAY. SO I THINK THEY HAD PRETTY MUCH A FULL SET OF INFORMATION TO KIND OF BASE THEIR DECISION ON NOT AWARE THAT THERE WAS ANY. I GUESS I DO WANT TO TALK TO THE CONFLICT OF INTEREST THING FOR JUST A SECOND. ONE OF OUR COMMISSIONERS DID ABSTAIN BECAUSE HE HAD A WORKING RELATIONSHIP WITH ONE OF THE APPLICANTS DESIGNERS. SO THAT WAS WHY THE ONE COMMISSIONER DID NOT PARTICIPATE. AND THEN WE ALSO HAD A REQUEST BY THE APPELLANT FOR COMMISSIONERS TO MEET ON SITE WITH THE APPELLANT TO DISCUSS THE PROJECT. AND TO MY KNOWLEDGE, I'LL DECLINE THAT OPPORTUNITY FOR FEAR OF A POTENTIAL CONFLICT OF INTEREST BY ENGAGING IN AN EX PARTE COMMUNICATION. SO I HOPE THAT ANSWERS YOUR QUESTION. IF NOT, I'D BE HAPPY TO CLARIFY IT FURTHER. NO, IT DID. I JUST WANT TO MAKE SURE THAT, YOU KNOW, YOU HAD A CHANCE TO RESPOND TO THAT STATEMENT FOLLOWING MS. BREWER COMMENTS. SO WITH THAT, THEN I WILL OPEN IT UP TO QUESTIONS AND MR. NORBY. THANK YOU MAYOR AND SO MR. NEU, I JUST HEARD THAT YOU RECEIVED OR THEY RECEIVED EITHER LETTERS OR SOME OF [01:20:06] THE ALTERNATIVES WERE ADDRESSED OR IN THE PLANNING COMMISSION MEETING, AND I WAS SPECIFICALLY GOING, I THINK I'D LIKE SOME CLARIFICATION FROM MS. BREWER IF ALTERNATIVES FOR ACHIEVING THAT DRAINAGE WERE DISCUSSED IN EITHER AT THE PLANNING COMMISSION MEETING OR IN COMMUNICATION RECEIVED BEFORE THE PLANNING COMMUNICATION PLANNING MEETING. IS THAT AN AREA THAT I CAN GO INTO AND DISCUSS OR I THINK WHAT I HEARD FROM MS. BREWER IS IF IT WASN'T DISCUSSED, YOU CAN'T DISCUSS IT HERE OR BRING ANY NEW INFORMATION INTO IT. SO WAS IT DISCUSSED? OK, WE'RE I'M GOING TO IS THAT, IF YOU KNOW, I WOULD ASK OUR CITY STAFF, IS THERE ANY OTHER WAY TO ACCOMPLISH THAT DETENTION BASIN, WHETHER IT'S MORE INTENSIVE THAN THE AMOUNT OF LAND THAT'S USED OR WHETHER IT'S ON THE INDIVIDUAL PROPERTY. SO I WOULD ASK THEM IF THAT WAS DISCUSSED IN PRIOR AND NUMBER TWO, IS IT POSSIBLE OR IS THAT THE ABSOLUTE ONLY DESIGN POSSIBLE WITHOUT USING PUMPS? PLANNING COMMISSION AT THIS LEVEL, THE COUNCIL IS ALLOWED TO CONSIDER THE EVIDENCE ANEW, BUT YOU CAN'T CONSIDER NEW EVIDENCE. SO IT'S A DE NOVO HEARING AT THE COUNCIL LEVEL, MEANING YOU ALL GET TO THINK ABOUT THE EVIDENCE AND YOURSELVES AND MAKE A DECISION YOURSELVES. HOWEVER, YOU CAN'T CONSIDER NEW EVIDENCE THAT WAS NOT CONSIDERED BY THE PLANNING COMMISSION. OK. MY QUESTION IS, WAS IT CONSIDERED BY THE PLANNING COMMISSION OR WAS IT IN FRONT OF THEM IN LETTER FORM OR SOMETHING ELSE? THE COUNCIL MEMBER NORBY, THE ALTERNATIVES PRESENTED BY THE APPELLANT WERE NOT PRESENTED TO THE PLANNING COMMISSION OF THE PUBLIC HEARING. AS FOR OTHER ALTERNATIVES, I AM GOING TO DEFER THAT TO MR. GELDER. MS. COUNCIL MEMBER NORBY, THERE WAS A DISCUSSION ON THE USE OF PUMPS AND PLANNING COMMISSION DID ASK IF PUMPS COULD BE USED AND THE ANSWER WAS YES, AND ASKED IF PUMPS WERE RECOMMENDED AND STAFF SAID NO, THEY'RE NOT RECOMMENDED. THIS WOULD BE A SUPERIOR ALTERNATIVE TO GRAVITY FLOW. APPRECIATE THAT. JUST, YOU KNOW, I'M NOT AN ENGINEER. WHAT DO WE DO IF THERE'S A IF THERE IS A FLAT LOT, THIS HAS SOME TOPOGRAPHY ON IT, BUT A SIMILAR ACRE FLAT LOT DIVIDED INTO FOUR. HOW DO WE DO DETENTION BASINS IN THAT SITUATION WHERE YOU DON'T HAVE FLOW, I GUESS YOU DON'T HAVE SLOPE TO DEAL WITH THE LOWEST POINT. IN THOSE SITUATIONS, TYPICALLY THERE'S A UNDER THERE, THERE'S A DRAINPIPE IN THE STREET OR SOMEWHERE TO CONNECT UNDERGROUND. SO A LOT OF THOSE CONNECTIONS ARE MADE UNDERGROUND. IN CASES WHERE YOU'RE IN A [INAUDIBLE] ISLAND, I GUESS YOU'RE SURROUNDED BY PROPERTIES AND THERE'S NO AND IT'S FLAT AND THERE'S NO DRAIN PIPE AROUND TO CONNECT TO, THEN YES, THERE WOULD BE A NEED FOR A PUMP IN THAT CASE. OKAY, GREAT. IS THERE A DRAINPIPE AROUND THIS PROPERTY SO THEY CONNECT TO THE PROPERTY? THE CLOSEST DRAIN FACILITY IS ON PIO PICO. TO THIS PROPERTY, WHICH WOULD BE ON THE OTHER SIDE OF THE CHURCH PROPERTY. OK, THANK YOU ALSO, THANK YOU FOR ANSWERING THE QUESTIONS, AND I'LL SAVE THE REST FOR COMMENTS. OTHER QUESTIONS. YES. MR. BLACKBURN. I JUST WANT WE DON'T DO THIS VERY OFTEN, SO I JUST WANTED TO MAKE SURE THAT I'M CORRECT. OH, FIRST OF ALL, I HAVE A DISCLOSURE. I DID SPEAK WITH MR. [INAUDIBLE] TODAY BY PHONE. THE MAJORITY OF THE CONVERSATION CENTERED AROUND AN APOLOGY THAT HE WAS GOING TO BE TAKING UP OUR TIME, AND HE WRESTLED WITH THE IDEA OF DOING THIS, AND WE REALLY DIDN'T TALK ABOUT THE DETAILS OF IT. BUT I JUST WANT TO MAKE SURE I DISCLOSE THAT I DID HAVE A PHONE CONVERSATION WITH HIM. WHEN WE TALK ABOUT ERROR ON THE SIDE OF THE PLANNING COMMISSION, THAT'S ONE OF THE WAYS SOMEBODY CAN APPEAL THIS. IF WE AS A COUNCIL DETERMINED THAT THEY WERE NOT GIVEN ALL THE INFORMATION OR ALL OF THE ALTERNATIVES, OR IT WAS ALL INCOMPLETE, WOULD THAT FALL UNDER AN ERROR AND THEN WE COULD SEND IT BACK TO THE PLANNING COMMISSION? WHAT YOUR CODE SAYS THE CODE ADOPTED BY THE CITY COUNCIL DOES NOT SAY WAS ALL THE INFORMATION PRESENTED. WHAT IT SAYS IS THE DECISION WAS NOT SUPPORTED BY THE FACTS PRESENTED TO THE PLANNING COMMISSION. SO IF YOU FIND THAT THE PLANNING COMMISSION'S DECISION WAS NOT SUPPORTED BY THE FACTS AND THE EVIDENCE THAT WOULD BE GROUNDS FOR ERROR, THAT'S [01:25:04] VERY DIFFERENT THAN SAYING THERE SHOULD HAVE BEEN ADDITIONAL FACTS. SO IF THE FACTS WERE. AND I'LL JUST BE HONEST, WHEN I LISTENED TO AN APPELLANT OR THE THE DEVELOPER, I TAKE IT WITH A GRAIN OF SALT BECAUSE THEY'RE BOTH TRYING TO GIVE AN ARGUMENT. THEY'RE LEAVING OUT SOME INFORMATION. I ALMOST EVERY TIME THEY'RE JUST GIVEN THE ARGUMENT OF WHY WE SHOULD SIDE WITH. MR. BLACKBURN WE LOST YOU, WE CAN'T HEAR YOU. BOARD. MR., I REMEMBER YOU, YOU CUT OUT, SIR. OK, I'M SORRY, WHERE DID I LEAVE OFF MY THEN I'LL APOLOGIZE MY IT'S GIVEN ME A NEW COMPUTER. THIS ONE KEEPS FREEZING. IF THE INFORMATION WAS GIVEN WAS FROM ONE SIDE, THAT'S ALWAYS A LITTLE BIT SLIGHTED. AND I AND I MY CONCERN IS THAT MAYBE NOT ALL OF THE ALTERNATIVES AND NOT ALL OF THE INFORMATION WAS SUPPLIED OR WAS INCOMPLETE. AND I AND I'M WRESTLING WITH THAT AND I WANT TO KNOW IF THAT'S A REASON I CAN SEND THIS BACK TO THE PLANNING COMMISSION AND THEN HAVE STAFF NOW THAT THEY'VE THEY'VE LISTENED TO THE COUNCIL AND THE COUNCIL'S QUESTIONS, LOOK AT IT WITH MORE CRITICAL EYE. I'M TRYING TO THINK OF HOW TO ANSWER THAT QUESTION IF THE CITY COUNCIL IS LACKING INFORMATION THAT IT NEEDS TO MAKE A DECISION THAT WE DIDN'T INCLUDE IN OUR STAFF REPORT TO ANSWER THE QUESTIONS ON THE GROUNDS FOR APPEAL. I SUPPOSE YOU COULD CONTINUE THE ITEM AND ASK FOR ADDITIONAL INFORMATION FROM STAFF. SO WHAT YOUR CODE SAYS IS THAT YOU CAN GRANT THE APPEAL, YOU CAN CONDITION THE APPEAL OR YOU CAN DENY THE APPEAL. BUT THERE IS ANOTHER ALTERNATIVE AND THAT IS, YOU COULD REMAND IT BACK TO THE PLANNING COMMISSION FOR ADDITIONAL FINDINGS. BUT IF WHAT YOU'RE LACKING IS A PIECE OF INFORMATION FROM STAFF, YOU COULD ALSO CONTINUE THIS ITEM TO HAVE STAFF BRING THAT ITEM BACK IF THAT'S NECESSARY OR CRITICAL TO YOUR DECISION MAKING. NOW, I'M SORRY, MAYBE I DIDN'T EXPLAIN IT RIGHT? I'M THINKING MORE ALONG THE LINES OF THE DEVELOPER'S PRESENTATION OF THE INFORMATION AND ALTERNATIVES, IF ANY OF IT WAS INCOMPLETE. CAN WE REMAND IT BACK TO THE PLANNING COMMISSION TO LOOK AT A SECOND TIME? SO ARE YOU TALKING ABOUT THE DEVELOPER'S PRESENTATION TODAY? NO, ON THE DAY THAT THEY PRESENTED TO THE PLANNING COMMISSION. THE APPELLANT IS CONCERNED THAT NOT ALL ALTERNATIVES WERE PRESENTED AND THEY WERE POSSIBLY PURPOSELY INCOMPLETE. I THINK I FROZE AGAIN, I AM SO SORRY. NO, YOU DIDN'T. YOU DIDN'T. I'M JUST TRYING TO THINK OF HOW TO ANSWER YOUR QUESTION. SO LET ME THINK ABOUT THE LEGAL STANDARD THAT I MEAN, YOU'RE ASKING ME TO APPLY A LEGAL STANDARD THAT I CAN'T FIND IN MY CODE. SO GIVE ME. OK, WE'LL COME BACK TO THAT QUESTION. OK, THANK YOU. AND I'LL BRING IT UP IN CLOSING STATEMENT AS WELL. DON WANTS TO MAKE A COMMENT HERE. THANK YOU, MAYOR. THE CITY ATTORNEY IS EVALUATING THAT. I DID WANT TO JUST BRING UP. THE APPELLANT DID PROVIDE A LETTER OR COMMENT LETTER TO THE PLANNING COMMISSION. AND IN THE LETTER, IT RAISES ESSENTIALLY THE ISSUES THAT YOU'RE FOCUSED ON TODAY AND THAT ONE IS SEWAGE, HOW THE PROPERTY COULD BE THE DESIGN DIFFERENTLY TO CONVEY SEWAGE. ALSO, STORM WATER IS RAISED AND THEN SOME MORE ON DRAINAGE AND THE SURROUNDING PROPERTIES OR THE COMPARISON IN TERMS OF THE GREAT HEIGHT. SO I THINK THE ISSUES THEMSELVES ARE ISSUES THAT THE PLANNING COMMISSION CONSIDERED. I THINK OF COUNCIL MEMBER BLACKBURN IS ASKING WHERE ALL POSSIBLE OPTIONS CONSIDERED. I THINK TONIGHT WE'VE KIND OF HEARING SORT OF EXPANSION OF SOME OF THE SAME OPTIONS, BUT I THINK GENERALLY SPEAKING, THE IDEA OF COULD THE SITE BE DESIGNED DIFFERENTLY TO MINIMIZE THE AMOUNT OF GRADING WAS EXPLORED AT THE PLANNING COMMISSION LEVEL? THANK YOU. THANK YOU VERY MUCH, MR. NEU I THINK THAT MAKES MY ANSWER MUCH EASIER. ANY OTHER QUESTIONS? BREWER MR. BLACKBURN, WE WANT TO MAKE FINAL COMMENTS. SURE. WHY ARE YOU ABLE TO HEAR ME? YEAH. TO START WITH THAT QUESTION EACH TIME I, WANT TO SEND IT BACK TO THE PLANNING [01:30:01] COMMISSION, BUT I'M HAVING A HARD TIME FINDING A LEGAL AVENUE TO DO IT. I DON'T WANT TO SAY A MISTRUST. I LISTEN TO APPELLANTS, I LISTEN TO DEVELOPERS AND I UNDERSTAND THAT THEY'RE GIVING ME JUST THEIR SIDE. BUT I DO TRUST OUR STAFF AND I JUST LISTEN TO MR.. NEW EXPLAINED THAT THOSE ALTERNATIVES WERE LOOKED AT AND IT WAS ALL EXPLORED AND I TRUST OUR STAFF. AND SO AS MUCH AS I, I THINK THAT IT'S DISRUPTIVE TO THE TO THE NEIGHBORHOOD, I DON'T LIKE THE IDEA THAT IT'S GOING, WHAT WAS IT, TWO AND A HALF FEET OVER WHAT WERE LIMITS WE'RE SUPPOSED TO DO? I CAN'T FIND ANY LEGAL REASON TO SUPPORT THE APPEAL, BUT I SURE WISH I COULD. AND THAT'S MY CLOSING COMMENT. OK, DR. BHAT-PATEL. YEAH. NOT TOO MANY, JUST I KNOW THAT THESE ARE ALWAYS DIFFICULT CONVERSATIONS TO HAVE, AND I JUST WANTED TO SAY THANK YOU TO THE APPELLANT, THE APPLICANT AND OUR STAFF FOR WORKING THROUGH IT. AND I TOO DO NOT HAVE ANY REASON TO EITHER REMAND THIS OR GRANT THE APPEAL. SO I JUST WOULD LIKE TO SAY THAT I WILL BE SUPPORTING THE RECOMMENDATION TO UPHOLD THE DECISION TO APPROVE THE PROJECT. THANK YOU. OK, MS., COUNCIL MEMBER ACOSTA. THANK YOU. YEAH, IT'S FRUSTRATING BECAUSE THERE'S THERE'S A SENSE THAT THINGS ARE GETTING TALLER, TALLER IN GENERAL, BUT WHEN IT COMES TO THIS SPECIFIC AGENDA ITEM, WE HAVE TO LOOK AT WHAT WE CAN SUPPORT IN AN APPEAL. AND LEGALLY WE HAVE TO MAKE CERTAIN FINDINGS AND I HAVE DIFFICULTY MAKING THOSE FINDINGS. I DON'T SEE HOW WE COULD DO IT. SO I IT'S VERY DIFFICULT TO HAVE TO SUPPORT THIS, BUT I DON'T FEEL LIKE I COULD REJECT THIS OR SEND IT BACK TO PLANNING COMMISSION . COMMISSIONER NORBY. THANK YOU, MAYOR. FIRST OF ALL, I TOTALLY SUPPORT THE DEVELOPER AND THE PROJECT APPLICANT, ACCOMPLISHING WHAT HE CAN ACCOMPLISH WITHIN THE ENVELOPE THAT IS PROVIDED WITH SETBACKS WITH HEIGHTS, LOT SIZE, THE REQUIREMENTS AND EVERYTHING. WHEN I LOOK AT THIS PROJECT, I DO BELIEVE THERE IS AN ALTERNATIVE AND THAT ALTERNATIVE IS IN THIS CASE, WOULD BE PUMPS. IT IS USED IN OTHER LOTS. IT'S USED IN A FLAT SITUATION WHEN THERE'S NO DRAINAGE. AND I LOOK AT THIS AND I THINK THE ERROR THAT I CAN FIND, THE ERROR THAT I WANT TO POINT OUT IN THE ERROR THAT WASN'T CONSIDERED. IS IT IS SO WE DON'T HAVE A VIEW ORDINANCE. WE HAVE AN ENVELOPE AND YOU'RE ENTITLED TO THAT ENVELOPE. AND AS LONG AS WE'RE INSIDE THAT ENVELOPE, WE'RE GOOD. BUT WHEN WE GO OUTSIDE THAT ENVELOPE IN THIS CASE THREE OR FOUR FEET, TWO FEET, FIVE FEET, WHATEVER IT IS, WE'RE STARTING TO RUFFLE FEATHERS AND THE ERROR IS BLOCKING I THINK SOMEBODY'S VIEW THAT THEY CURRENTLY HAVE OR SUNLIGHT THAT THEY CURRENTLY HAVE OR JUST BEING A NEIGHBOR, I LIVE ON A HILL AND I KNOW THAT MY BACKYARD IS HIGHER THAN SOME AND THAT'S [INAUDIBLE] FOR PEOPLE. AND THEN I HAVE PEOPLE UP ON THE HILL THAT'S HIGHER THAN MINE, AND THAT'S [INAUDIBLE] FOR ME. BUT TO HAVE A PAD THAT'S, YOU KNOW, FIVE TO EIGHT FEET HIGHER THAN YOUR NEIGHBORS AND THEY CAN'T SEE YOU AND YOU CAN SEE DOWN ONTO THEIR BACKYARDS. THAT'S ODD. AND THESE SORT OF FINDINGS THAT I WOULD MAKE IS COMPATIBILITY. I THINK THEY'RE WRONG ON NUMBER TWO IS IF YOU JUST PLAY THIS OUT OVER AND OVER AND OVER AND OVER AND YOU START RAISING PADS, THIS IS NOT WHAT I THINK CARLSBAD IS. IT IS A USUAL LOT CONFIGURATION TO HAVE SOME TOPOGRAPHY LIKE THIS. IT IS NOT UNUSUAL WE HAVE A LOT OF HILLS IN THIS TOWN AND A LOT OF STREETS THAT HAVE THIS SITUATION. AND IF WE JUST APPLY THAT ANSWER OVER AND OVER AND OVER THAT WE'RE GOING TO RAISE THESE PADS FIVE TO EIGHT FEET SO WE CAN GET THE ATTENTION BASIN ON THEM THERE. THAT IS, THAT IS WORSE THAN PUTTING PUMPS IN FOR RUNOFF, IN MY OPINION. AND WE WERE JUST GOING TO HAVE A VIEW ISSUE AFTER VIEW ISSUE AFTER VIEW ISSUE. AND WE'RE GOING TO HAVE THESE ODDITIES THAT IF IT'S NEW CONSTRUCTION, YOU KNOW, THE PADS RAISE TO GET A DETENTION BASE ON THEM. AND TO ME, THAT WASN'T FULLY VETTED OR FULLY FULLY DISCUSSED IN TERMS OF WEIGHING THESE ISSUES. AND I FIND THAT TO BE ERRONEOUS AND I'D LIKE TO BASICALLY APPROVE THIS PROJECT WITH THE CONDITION THAT THEY DON'T RAISE THEIR PADS MORE THAN THREE FEET, WHICH IS REQUIRED FOR SEWER AND LET THEM FIGURE OUT HOW TO DO DRAINAGE. THAT WOULD BE MY RECOMMENDATION, BUT IF IT GOES FORWARD LIKE IT IS, I'M [01:35:03] A NO VOTE BECAUSE I THINK THAT THERE WERE ERRORS DONE AT THE PLANNING COMMISSION AS WE CONSIDER THIS IN TOTALITY, HOW IT'S GOING TO AFFECT THIS. IF WE SAY YES TO THIS, WE'LL BE SAYING YES TO HUNDREDS OF THESE FOR THIS VERY REASON, AND I'M NOT WILLING TO DO THAT BECAUSE I THINK THAT THE IMPACTS ARE FAR GREATER THAN HAVE BEEN DISCUSSED. OKAY, MY FINAL COMMENT IS ONE OF THE MOST CHALLENGING THINGS IS ALWAYS AN INFILL LOT, ESPECIALLY, YOU KNOW, GIVEN THIS SPECIFIC INSTANCE. I THINK THE DEVELOPER REALLY FOLLOWED STAFF'S RECOMMENDATIONS. AND I APPLAUD STAFF. I MEAN, I'VE BEEN ON ALL SIDES OF CONVERSATIONS AND I HAVE THE GREATEST RESPECT FOR STAFF AND THAT THEY'RE GOING TO DO THE RIGHT WHAT'S RIGHT FOR ALL CONCERNED? THE VIEW IS NOT SOMETHING WE CAN DISCUSS. WE HAVE NO LEGAL STANDING BASED ON VIEW. AND SO I AGREE WITH HOW MR. BLACKBURN STARTED THIS CONVERSATION OFF AND BE WILLING TO ALSO FOLLOW THAT. SO WITH THAT MR. BLACKBURN IF YOU WANT TO MAKE A MOTION. MOVE ADOPTION OF THE RESOLUTION DENYING THE APPEAL CONTAINED AN AGENDA ITEM NUMBER 11. SECOND. THE CLERK PLEASE CALL ROLL. COUNCIL MEMBER NORBY, NO. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE. THIS ITEM PASSES FOUR-ONE, SO MOVING ALONG. WHAT TIME, IS IT? I MEAN, IT'S 4:37 SIR. DO WE WANT TO DO ONE MORE ITEM OR DO WE WANT TO TAKE A BREAK? ONE MORE ITEM KEEP MOVING OK. ONTO ITEM NUMBER 11, I MEAN 12, DETERMINATION TO CONTINUE VIRTUAL PUBLIC [12. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC MEETINGS ON DEC. 1, 2021] MEETINGS OR RESUME IN-PERSON PUBLIC MEETINGS ON DEC. ONE. MR. CHADWICK IF YOU WANT TO MAKE INTRODUCTIONS. YES, SIR. NOW THIS IS THIS WILL BE THE THIRD INSTANCE IN WHICH, CONSISTENT WITH THE CHANGE IN LEGISLATION, IT GIVES COUNCIL THE OPPORTUNITY TO MAKE A DETERMINATION FOR WHAT WE'RE GOING TO DO IN THE NEXT BASICALLY 30 DAYS AS FAR AS IN-PERSON MEETINGS. SO THAT SAID, ONE OF THE THINGS I REALLY WANT TO DO IS BRING UP OUR FIRE CHIEF TO TALK A LITTLE BIT ABOUT TRANSMISSION RATES WHERE WE'RE AT CURRENTLY. AND WITH THAT SAID, I'M GOING TO GO AHEAD AND TURN IT OVER TO A FIRE CHIEF, CHIEF CALDERWOOD, CHIEF. THANK YOU, CITY MANAGER AND GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS, I'LL BEGIN BY GIVING A QUICK OVERVIEW OF THE RELATED COVID NUMBERS. CURRENTLY, THE REPORTED CASES IN THE UNITED STATES EXCEEDS 42 MILLION, WITH SEVEN HUNDRED AND FIFTY FOUR THOUSAND DEATHS. WE DID SEE A FAIRLY SUSTAINED TREND OF DECREASE IN CASES NATIONWIDE, BUT UNFORTUNATELY THAT TREND NO LONGER CONTINUES. A NATIONWIDE INCREASING TREND HAS BEEN IN EFFECT SINCE THE SECOND WEEK OF OCTOBER AND CONTINUES TODAY. AS FAR AS THE OUTLOOK, STATEWIDE, THERE HAS BEEN OVER FOUR POINT SEVEN MILLION CONFIRMED CASES AND SEVENTY TWO THOUSAND DEATHS. UNLIKE THE NATIONWIDE OUTLOOK, HOWEVER, THE STATE OF CALIFORNIA HAS HAD A SUSTAINED DOWNWARD TREND FOR BOTH CASES AND DEATHS OVER THE LAST TWO MONTHS. IN ADDITION, THE COVID OCCUPIED HOSPITAL BEDS HAS REMAINED RELATIVELY FLAT. FOCUSING NOW CLOSER TO HOME, THE SAN DIEGO COUNTY CASES ARE RECORDED AT JUST ABOVE THREE HUNDRED AND SEVENTY SIX THOUSAND AND OVER FOUR THOUSAND TWO HUNDRED DEATHS. THE COVID CASE RATE PER ONE HUNDRED THOUSAND HAS BEEN STEADILY DECREASING SINCE AUGUST, BUT HAS LEVELED OFF WITH A MODEST UPTICK BEGINNING IN LATE OCTOBER. HOSPITALIZATION RATE HAS RELATIVELY MIRRORED THE CASE RATE. OVER THE PAST 30 DAYS, SAN DIEGO COUNTY HAS SEEN A FIVE PERCENT DECREASE IN COVID HOSPITALIZATIONS, FOUR PERCENT DECREASE IN COVID ICU PATIENTS. BUT DESPITE THE ABOVE DECREASES, THE TRANSMISSION RATE FOR THE COUNTY HAS MOVED FROM SUBSTANTIAL TO HIGH TRANSMISSION. AND FINALLY, AS NOTED ON EXHIBIT TWO, CARLSBAD HAS SEEN A DECREASE IN ACTIVE CASES SINCE EARLY SEPTEMBER AND NOW APPEARS TO HAVE PLATEAUED WITH A CURRENT ACTIVE CASES NUMBER OF ONE HUNDRED EIGHTY EIGHT. CURRENTLY, THE COUNTY PROVIDES A CASE RATE SUMMARY BY BOTH JURISDICTION AND ZIP CODE. THE CATEGORIES ARE LOW ONE POINT FOUR OR LESS MODERATE. [01:40:08] ONE POINT, I'M SORRY, LOW IS LESS THAN ONE POINT FOUR. MODERATE IS ONE POINT FOUR TO SEVEN POINT ZERO. SUBSTANTIAL SEVEN POINT ONE TO FOURTEEN POINT TWO AND HIGH FOURTEEN POINT THREE OR HIGHER. CARLSBAD AS A WHOLE HAS A CASE RATE OF TEN POINT THREE, PLACING US IN THE CATEGORY OF SUBSTANTIAL TRANSMISSION OR A CASE RATE BETWEEN SEVEN POINT ONE AND FOURTEEN POINT TWO. THE BREAKDOWNS BY ZIP CODE REVEALS OUR LOWEST CASE RATE IS IN NINE TWO ZERO ZERO NINE RATED MODERATE WITH A CASE RATE OF FIVE POINT NINE. FOLLOWED BY NINE TWO ZERO ONE ONE SUBSTANTIAL CASE RATE, EIGHT POINT FOUR AND NINE TWO ZERO ONE ZERO SUBSTANTIAL WITH A CASE RATE OF THIRTEEN POINT SEVEN. NINE TWO ZERO ZERO EIGHT IS IN THE HIGH CATEGORY AT A RATE OF SIXTEEN POINT EIGHT SIX. NEXT, THE FOLLOWING IS A REVIEW OF CDC AS IT RELATES TO INDOOR SETTINGS. TO MAXIMIZE PROTECTION, THEIR GUIDELINE STATES TO MAXIMIZE PROTECTION FROM THE DELTA VARIANT AND PREVENT POSSIBLY SPREADING. WEAR A MASK INDOORS AND IN PUBLIC MEETINGS. IF YOU ARE IN AN AREA OF SUBSTANTIAL OR HIGH TRANSMISSION, WHICH CARLSBAD IS IN SUBSTANTIAL AND NINE TWO ZERO ZERO EIGHT IS IN HIGH. PHYSICALLY DISTANCE AT SIX FEET OR GREATER. AVOID CROWDS, AVOID POORLY VENTILATED AREAS. [INAUDIBLE] DOES NOT HAVE SPECIFIC GUIDANCE FOR INDOOR MEETINGS. THEY DO STATE, MASKS ARE RECOMMENDED FOR EVERYONE WHO WORKS INDOORS. WHETHER YOU ARE VACCINATED OR UNVACCINATED. AFTER REVIEWING THE INFORMATION PROVIDED, A MAJORITY OF THE CITY OWNED BUILDINGS DO PROVIDE ADEQUATE SPACE AND VENTILATION FOR STAFF TO HAVE INDOOR MEETINGS IN PERSON, PROVIDED THEY MAINTAIN THE PROPER SPACING AND WEARING MASKS. THE DISCUSSION AROUND THE SPECIFIC CONSIDERATION OF IN-PERSON COUNCIL MEETINGS, WE NOTICE THAT THE CALENDAR NOTES WE HAVE TWO MEETINGS SCHEDULED IN THE MONTH OF DECEMBER, FOLLOWED BY THE FIRST MEETING OF THE YEAR ON JANUARY 11. IF COVID FOLLOWS THE ANTICIPATED TRAJECTORY OVER HOLIDAY SEASON, JANUARY 11TH WILL BE WELL PAST THE TIME WHERE WE WOULD START TO SEE AN INCREASE IN CASES. WHILE COUNCIL COULD CONSIDER GOING BACK TO IN-PERSON MEETINGS NOW NINE TWO ZERO ZERO EIGHT, WHICH IS WHERE COUNCIL CHAMBERS IS LOCATED, IS CURRENTLY IN THE HIGHEST CATEGORY OF TRANSMISSION AND STILL FALLS WITHIN THE CDC GUIDELINES OF ALL IN ATTENDANCE WEARING A MASK. AS AN ALTERNATIVE, COUNCIL COULD OPT TO EITHER A REASSESS THE SITUATION AFTER DECEMBER 14TH MEETING OR B FINISH OUT THE REMAINING TWO MEETINGS OF 2021 VIRTUALLY AND REASSESS THE OPTION TO HAVE IN-PERSON MEETINGS ON JANUARY 11 AFTER THE HOLIDAY SEASON PASSES. THAT CONCLUDES THE REPORT. OKAY. AND THEN, MAYOR, IF I COULD REAL QUICK, BECAUSE I REALIZED THAT THE CHIEF MADE REFERENCE TO A DOCUMENT IN EXHIBIT TWO. SHEILA, CAN YOU GO AHEAD AND PULL THAT UP JUST FOR THE BENEFIT OF OUR COUNCIL SO THEY'VE GOT IT IN FRONT OF THEM? I CAN PULL THAT. OH, OK, GREAT. LET ME SHARE MY SCREEN. BUT. AND THIS IS THE DOCUMENT THAT COUNCIL HAS SEEN NOW MULTIPLE TIMES. AND AS THE CHIEF MENTIONED, TYPICALLY WE SEE A BELL CURVE IN WHICH IF YOU LOOK AT WHERE WE RETURN TO IN-PERSON MEETINGS AT SEVEN 14, WE STARTED SEEING THAT INCREASE AND THEN WE STARTED SEEING A PRECIPITOUS DECREASE THAT EFFECTIVELY HAS HAS LEVELED OUT. AND SO YOU'RE SEEING THAT THERE REALLY ISN'T THAT MUCH DEVIATION FROM WEEK OVER WEEK, BUT WE'RE STILL RUNNING IN THAT HIGH TRANSMISSION RATE. SO JUST WANT TO POINT THAT OUT FOR COUNCIL'S CONSIDERATION AND STAFF ARE AVAILABLE TO ANSWER QUESTIONS YOU MAY HAVE. WE HAVE ANY PUBLIC COMMENT. AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER 12, PLEASE RAISE YOUR HAND IF YOU'RE JOINING US VIRTUALLY USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO RAISE YOUR HAND. [01:45:04] WE DO NOT HAVE ANY SPEAKERS MAYOR. OK, ANY QUESTIONS OF STAFF? NOT SEEN ANY. WHO WANTS TO START OFF WITH THEIR COMMENTS? DOCTOR, DO YOU WANT TO START OFF FIRST? SURE. I'M HAPPY TO. YEAH, I MEAN, I'M GLAD THAT WE HAD OUR FIRE CHIEF PRESENT THE INFORMATION IN THE DATA TO US WITH REGARDS TO WHAT MAKES THE MOST SENSE, AND I DO APPRECIATE THE CITY MANAGER ALSO CHIMING IN TO PROVIDE US WITH KIND OF AN OVERVIEW WITH REGARDS TO WHAT WOULD REALLY WORK FOR ALL OF US. SO I'M COMFORTABLE WITH MAINTAINING THE VIRTUAL MEETINGS FOR THE NEXT MONTH. AND THEN, OF COURSE, REASSESSING AT THAT TIME WHAT WE WOULD WANT TO DO IN JANUARY. BUT I REALLY DO APPRECIATE AGAIN, I JUST WANT TO SAY THAT I KNOW THAT THIS IS SUCH A CHANGING AND DYNAMIC CONVERSATION, AND I KNOW THAT FOLKS ARE REALLY WANTING TO GET BACK INTO IT. AT THE SAME TIME, WE WANT TO MAKE SURE WE'RE DOING WHAT WE CAN TO PROTECT THE HEALTH AND SAFETY OF OUR EMPLOYEES AND OF COURSE, OF OUR COMMUNITY AS WELL. SO REALLY APPRECIATE IT AND LOOKING FORWARD TO BEING BACK WHEN IT'S SAFE TO DO SO. THANKS. MR. NORBY. THANK YOU MAYOR. I WISH THE NUMBERS WERE A LOT LOWER AND I WISH WE WEREN'T IN THE SUBSTANTIAL AND THE HIGH SUBSTANTIAL. AND I WISH WE WEREN'T HEADING INTO WINTER AND I WISH WE WEREN'T HEADING INTO HOLIDAY SEASONS WHERE WE ALL GATHER. BUT WE ARE. AND SO FOR ME, I'D LIKE TO ALSO WAIT UNTIL THAT MEETING. STAY VIRTUAL, MEET, WAIT UNTIL THAT MEETING IN JANUARY. MY EXPECTATION IS TO, I GUESS MY EVALUATION WILL BE IF IT CONTINUES TO DROP AND WE DON'T SEE THE SPIKES THAT ARE TYPICALLY RELATED WITH THE HOLIDAY SEASON. THAT'S GOING TO BE GOOD INFORMATION TO GO BACK TO IN-PERSON MEETINGS. BUT I'M NOT. I'M NOT WILLING TO VOTE FOR THAT TODAY FOR DECEMBER'S MEETINGS. AND THEN LASTLY, I WOULD JUST ASK OUR STAFF TO CONSIDER HOW THEY'RE GOING TO CONFIGURE CITY HALL CHAMBERS WHEN WE GO BACK INTO IT, BECAUSE I DO BELIEVE THAT WE'LL GO BACK. PROBABLY, HOPEFULLY NOT, BUT CERTAINLY SOCIAL DISTANCE. AND SO I'D LIKE TO GIVE SOME SOME CONSIDERATION WHERE THE PODIUM IS OR WHERE A REPLACEMENT PODIUM IS, WHERE THE STAFF TABLE IS, WHERE AUDIENCE MEMBERS SIT, MAYBE KEEPING THEIR FIRST FEW ROWS VACANT AND THE PODIUM FURTHER AWAY TO GIVE STAFF SOME ROOM AND US SOME ROOM. BUT FOR NOW, IT WOULD BE TO CONTINUE VIRTUAL MEETINGS. COUNCIL MEMBER ACOSTA. THANK YOU. YES, I REALLY APPRECIATE STAFF SHARING THAT INFORMATION, CHIEF CALDERWOOD AND AND OUR CITY MANAGER FOR FOR POINTING OUT AGAIN THAT SLIDE THAT WE CONTINUE TO MONITOR EVERY TIME WE MAKE THIS DECISION. I'M PART OF A NUMBER OF OTHER ORGANIZATIONS THAT HAVE TO MAKE THE SAME DECISIONS. IN FACT, I JUST FOUND OUT A CONFERENCE FOR NEXT WEEK AND IN PERSON ONE WAS CANCELED BECAUSE OF VERY SIMILAR CONSIDERATIONS. ONE, IT'S JUST THE DATA OF THE CASES AND THE OTHER IS THE SPACE IN WHICH WE ARE MEETING, WHETHER IT'S SAFE AND WE CAN HAVE ENOUGH ROOM AND THERE'S VENTILATION AND ALL OF THOSE OTHER THINGS. SO WE CONTINUE TO LOOK AT THOSE THINGS AS WE AS WE MAKE THE DECISION FOR THE NEXT 30 DAYS. AND I'M PREPARED TO STAY VIRTUAL UNTIL THE NUMBERS GO DOWN AND WE CAN MAKE SURE EVERYBODY'S GOING TO BE SAFE IN COUNCIL CHAMBERS. THANK YOU. MR. BLACKBURN, I SUPPORT FINISHING DECEMBER VIRTUALLY AND REEVALUATING ON JANUARY 11TH. OK, WELL, I'M IN THE MINORITY. I'M READY TO GO BACK, BUT I UNDERSTAND THAT I UNDERSTAND WHERE YOU'RE AT, BUT I'M READY TO GO. SO WITH THAT MR. BLACKBURN A MOTION. MOVE THAT WE FINISHED DECEMBER VIRTUALLY AND REEVALUATE IN JANUARY ON JANUARY 11TH MEETING . SECOND. CLERK, PLEASE CALL ROLL. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL, NO. PASSES FOUR-ONE. OK, MOVING ON MR. CHADWICK, ARE WE GOING TO HAVE ITEM 14 OR DID YOU PULL THAT? NO, WE ARE HAVING ITEM 14. THERE ARE TWO ITEMS REMAINING, ONE OF WHICH YOU'RE CONFLICTED ON, SIR. OK. I'LL ASK ONCE AGAIN, DO YOU WANT TO TAKE A BRIEF MOMENT OR DO YOU WANT TO KEEP PRESSING ON THIS DOCTOR? JUST WE'RE WE'RE RIGHT ON. SO WITH THAT, WE'LL TAKE A SHORT ADJOURNMENT FOR 10 MINUTES. [01:50:06] 14 AND WHICH IS, I'M SORRY, ITEM 13, THE VILLAGE AND BARRIO MASTER PLAN AMENDMENT [13. VILLAGE & BARRIO MASTER PLAN AMENDMENT DISCUSSION] DISCUSSION. AND SO I'M GOING TO GO TAKE DINNER FOR THE NEXT HOUR AND TURN THE MEETING OVER TO MR. BLACKBURN. AND IF THE CITY CLERK COULD PLEASE TEXT ME WHEN YOU'RE DONE, I'D APPRECIATE IT. SO WITH THAT, I'M GOING TO PUNCH OUT OF THE MEETING. CAN YOU ALSO PLEASE DISCLOSE THE NATURE OF YOUR COLUMN? OH, I'M SORRY, I OWN I OWN PROPERTY IN THE NOTICED AREA. THANK YOU, MR. CHADWICK. THANK YOU, SIR. AND MR. CHADWICK, WILL YOU PLEASE INTRODUCE ITEM NUMBER 13? PERFECT AND MAKING OUR PRESENTATION TODAY AS OUR ASSOCIATE PLANNER, SHELLY GLENNON, SHELLY. AND YOU'RE ON MUTE SHELLY. SORRY GOOD AFTERNOON, MAYOR PRO TEM AND CITY COUNCIL, LET ME SHARE MY SCREEN. OK, CAN YOU SEE MY SCREEN JUST WANT TO MAKE SURE? OK, YES, WE CAN SEE IT. OK, THANK YOU. SHELLY GLENNON, ASSOCIATE PLANNER, PRESENTING TO YOU THE VILLAGE AND BARRIO MASTER PLAN AND DISCUSSION. OK, FOR TODAY'S PRESENTATION, STAFF WILL FIRST BEGIN WITH SOME BASIC BACKGROUND INFORMATION ON THE VILLAGE AND BREWER MASTER PLAN, AS WELL AS A BRIEF CHRONOLOGY. STAFF WILL THEN DISCUSS THE LIST OF MASTER PLAN AMENDMENT ITEMS AND THE STATUS OF EACH ITEM. PRIOR TO THIS MEETING, A PLANNING COMMISSION WORKSHOP WAS HELD TO RECEIVE PUBLIC INPUT ON THIS AGENDA ITEM, STAFF WILL PROVIDE A SUMMARY OF THE RESULTS FROM THIS WORKSHOP. NEXT, STAFF WILL DISCUSS SPECIFIC AMENDMENT ITEMS IN FURTHER DETAIL, INCLUDING COMMENTS, RECEIVED, STAFF ANALYSIS AND POTENTIAL OPTIONS TO ADDRESS THESE ITEMS. AND LASTLY, STAFF WILL CONCLUDE THE PRESENTATION BY PROVIDING A RECOMMENDATION AND THE NEXT STEPS TAKE. SHOWN IN THE SLIDE ABOVE IS THE VILLAGE AND BARRIO MASTER PLAN AREA LOCATED WITHIN DISTRICT ONE, JUST WEST OF HIGHWAY FIVE, EAST OF CARLSBAD STATE BEACH, NORTH OF AGUA HEDIONDA LAGOON AND SOUTH OF BUENA VISTA LAGOON. THE VILLAGE NEIGHBORHOOD, SHOWN IN A LIGHT GREEN COLOR, IS LOCATED WITHIN THE NORTHERN HALF OF THE MASTERPLAN AREA, WHILE THE BARRIO NEIGHBORHOOD IS LOCATED WITHIN THE SOUTHERN HALF OF THE HALF OF THE MASTERPLAN AREA. BOTH NEIGHBORHOODS ARE PARTIALLY LOCATED WITHIN THE COASTAL ZONE, WHICH IS LOCATED WEST OF THIS RED BOUNDARY LINE DELINEATED HERE. THE MASTERPLAN AREA IS FURTHER DIVIDED INTO ZONING DISTRICTS. THE VILLAGE NEIGHBORHOOD CONSISTS OF SIX DISTRICTS AS LISTED IN THE LEGEND TO THE RIGHT. THE VILLAGE CENTER DISTRICT IS THE LARGEST VILLAGE DISTRICT SHOWN IN RED. IT ENCOMPASSES THE CORE OF THE VILLAGE AND INCLUDES A MIX OF COMMERCIAL, RESIDENTIAL AND MIXED USE BUILDINGS. THE VILLAGE GENERAL DISTRICT SHOWN IN BLUE INCLUDES A MIX OF COMMERCIAL AND RESIDENTIAL USES AND PROVIDES AS A TRANSITIONAL AREA BETWEEN THE ADJACENT RESIDENTIAL NEIGHBORHOODS AND THE VILLAGE CENTER DISTRICT. BUT THE HOSPITALITY DISTRICT SHOWN IN LIGHT GREEN PROVIDES AS A TRANSITIONAL AREA BETWEEN THE BEACH AREAS AND THE VILLAGE CENTER. IT CONTAINS PRIMARILY EXCUSE COMMERCIAL BUILDINGS, PUBLIC QUASI PUBLIC FACILITIES AND LODGING. THE FREEWAY COMMERCIAL DISTRICT SHOWN IN THE BROWNISH RED COLOR IS LOCATED NEAR THE HIGHWAY FIVE ENTRANCE AND CONSISTS OF TRAVELER SERVICES INCLUDING LODGING, RESTAURANTS, RETAIL AND GAS STATIONS. THE PINE TYLER MIXED USE DISTRICT SHOWN IN LIGHT PURPLE IS A TRANSITIONAL AREA BETWEEN THE VILLAGE CENTER AND THE ESTABLISHED MULTI AND SINGLE FAMILY NEIGHBORHOODS IN THE BARRIO. IT CONTAINS RESIDENTIAL, COMMERCIAL AND OFFICE USES. AND THE ABILITY TO BORROW OTHER DISTRICTS SHOWN GREAT CONSISTS OF PRIMARILY PUBLIC AND QUASI PUBLIC USES. THE BARRIO NEIGHBORHOOD INCLUDES THREE DISTRICTS, AS SHOWN IN A LEGEND TO THE RIGHT. THE BARRIO PERIMETER DISTRICT, SHOWN IN ORANGE, CONSISTS PRIMARILY OF RESIDENTIAL USES, WHILE THE BARRIO CENTRAL DISTRICT, SHOWN IN YELLOW, IS ALSO RESIDENTIAL BUT CONTAINS MOSTLY SMALL LOT HOMES, DUPLEXES AND MULTIFAMILY STRUCTURES. AND, AS PREVIOUSLY DISCUSSED, THE VILLAGE BARRIO, OTHER DISTRICTS SHOWN IN GRAY CONSISTS OF PUBLIC QUASI PUBLIC FACILITIES. [01:55:02] SHOWN HERE IS A BRIEF CHRONOLOGY OF THE MASTER UPDATE IN JULY 2018, CITY COUNCIL ADOPTED THE CHIMBORAZO MASTER PLAN, MAKING THE PLAN EFFECTIVE IN ALL OF THE INLAND AREAS. IN AUGUST 2019, CITY COUNCIL ADOPTED COASTAL COMMISSION SUGGESTED MODIFICATIONS AND DIRECTED STAFF TO RETURN TO CITY COUNCIL TO ADDRESS SEVERAL VILLAGE ENVIRONMENTAL TOPICS, AS REQUESTED BY SEVERAL COMMUNITY MEMBERS. IN OCTOBER 2019, COASTAL COMMISSION CERTIFIED THE MASTER PLAN, OFFICIALLY MAKING IT EFFECTIVE IN THE COASTAL ZONE. IN DECEMBER 2019, STAFF RETURNED TO CITY COUNCIL AND WAS DIRECTED TO ADDRESS EIGHT TOPICS RELATED RELATED TO THE VILLAGE AND BREWER MASTER PLAN. AND LASTLY, THIS DISCUSSION WAS ORIGINALLY SCHEDULED FOR THE JULY 20TH HEARING BUT WAS POSTPONED TO A FUTURE DATE FOR WHEN THE DISTRICT WON. CITY COUNCIL SEAT IS FILLED NOW THAT THE SEAT HAS BEEN FILLED AS DIRECTED, STAFF IS BRINGING THIS DISCUSSION BACK TO CITY COUNCIL AND REQUESTING THAT CITY COUNCIL EVALUATE THE INPUT FROM THE PUBLIC PLANNING COMMISSION AND STAFF AND, IF APPROPRIATE, PROVIDE DIRECTION ON THE OPTIONS DISCUSSED IN THE STAFF REPORT. SINCE THE JULY HEARING, STAFF HAS REVISED THE STAFF REPORT TO INCLUDE OPTION UPDATES AND NEW DISCUSSIONS RELATED TO PUBLIC COMMENTS RECEIVED AT THE JULY 20TH CITY COUNCIL HEARING. LISTED HERE ARE THE EIGHT VILLAGE AND MASTER PLAN TOPICS LABELED AS AMENDMENT ITEMS, ITEMS ONE, FIVE, SIX AND SEVEN ARE CURRENTLY BEING PROCESSED SEPARATELY. THEREFORE, STAFF WILL JUST PROVIDE A QUICK UPDATE ON THESE ITEMS. ITEM ONE, DECISION MAKING AUTHORITY IN FEBRUARY,2021 STATE COUNCIL APPROVED CHANGING THE DECISION MAKING AUTHORITY FOR THE ENTIRE MASTERPLAN AREA TO BE THE CITY COUNCIL. THE AMENDMENT WAS LATER CERTIFIED BY A CLOSE COMMISSION THIS PAST AUGUST. ITEM FIVE, OBJECTIVE DESIGN STANDARDS THIS PAST OCTOBER, STATE COUNCIL APPROVED A PROFESSIONAL SERVICE AGREEMENT WITH ABP STUDIOS TO PREPARE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED USE DEVELOPMENT PROJECTS WITHIN THE VILLAGE AND BARRIO AREA, AS WELL AS A CHARTER FOR DESIGN REVIEW COMMITTEE TO REVIEW THE DRAFT DOCUMENTS. THIS PROJECT IS ANTICIPATED TO BE COMPLETED BY SUMMER TWENTY POINT THREE. ITEM SIX AND SEVEN, HOUSING AND PAYMENTS AND INCLUSIONARY HOUSING POLICIES ARE BEING ADDRESSED THROUGH THE CITY'S INCLUSIONARY HOUSING FEE UPDATE PROJECT. THIS PROJECT IS ANTICIPATED TO BE SENT TO CITY COUNCIL FOR DIRECTION SOMETIME EARLY SPRING OF NEXT YEAR. WELL, THERE, AMY, THE REMAINING ITEMS TWO, THREE, FOUR AND EIGHT WILL BE THE FOCUS FOR TONIGHT'S DISCUSSION. THESE ARE ALSO THE SAME DISCUSSION ITEMS THAT WERE PRESENTED AT THE PLANNING COMMISSION WORKSHOP. AS PREVIOUSLY DIRECTED BY CITY COUNCIL, THE PLANNING COMMISSION WORKSHOP WAS HELD TO ALLOW THE PUBLIC THE OPPORTUNITY TO PROVIDE ADDITIONAL FEEDBACK ON THE VILLAGE AND BIOMASS PLAN AMENDMENT ITEMS TO NOTIFY THE COMMUNITY OF THE WORKSHOP STAFF, PUBLISH INFORMATION ON THE WEB PAGE AND NOTIFIED ALL PERSONS ON THE VILLAGE AND BIOMASS AND EMAIL AND MAILING LISTS OF THE WORKSHOP. THE EMAIL LIST CONSISTS OVER SEVEN HUNDRED CONTACTS. FORTY THREE PERCENT OF THESE EMAILS WERE OPEN AND THE MAILING NOTICES WERE SENT TWO HUNDRED AND TWENTY SIX ADDRESSES, WHICH APPROXIMATELY 90 PERCENT WERE DELIVERED SUCCESSFULLY. IN THE INTERESTS OF PUBLIC HEALTH DURING THE COVID 19 PANDEMIC, THE PLANNING COMMISSION WORKSHOP WAS HELD VIRTUALLY AND PURSUANT TO VIRTUAL MEETING PROTOCOLS. THE COMMUNITY WAS ABLE TO PARTICIPATE BY EMAILING COMMENTS TO THE PLANNING COMMISSION PRIOR TO COMMENCEMENT OF THE AGENDA ITEM. AT THE WORKSHOP ALL BUT ONE COMMISSIONER WERE PRESENT. FIVE OF THE 14 EMAILS RECEIVED WERE READ INTO THE RECORD AND ONE VIDEO WAS PLAYED. AND STAFF, WHEN I BEGIN THE DISCUSSION ON THE MENU ITEMS TWO, THREE, FOUR AND EIGHT, STARTING FIRST WITH ITEM TWO PERMITTED USES VITAL TO A LIVE WORK AND PLAY COMMUNITY. PLEASE NOTE THAT STAFF WILL BRIEFLY DISCUSS EACH AMENDMENT ITEM. FOR MORE DETAILS, PLEASE REFER TO EXHIBIT TWO OF YOUR STAFF REPORT. ITEM TWO WAS INITIATED AT THE REQUEST OF SEVERAL COMMUNITY MEMBERS DURING THE AUGUST 2019 CITY COUNCIL HEARING. THE REQUEST WAS FOR, USES IS CONSIDERED VITAL FOR LIVE WORK AND PLAY COMMUNITY, INCLUDING BUT NOT LIMITED TO A POST OFFICE, PHARMACY, GROCERY STORE, HARDWARE STORE AND FARMERS MARKET BE PERMITTED AS DAILY USES WITHIN THE COMMERCIAL DISTRICTS. DURING THE PLANNING COMMISSION WORKSHOP, SEVERAL PLANNING COMMISSIONERS STATED THAT THE MARKET DEMAND IS NEEDED FOR THESE VITAL USES TO BE DEVELOPED AND PROVIDED DIFFERENT SUGGESTIONS ON HOW TO CREATE A MARKET DEMAND, AS WELL AS WHAT USAGE SHOULD AND SHOULD NOT BE CONSIDERED VITAL. DURING THE JULY 20 CITY COUNCIL HEARING, ONE COMMITTEE MEMBER EXPRESSED [02:00:01] SUPPORT FOR PERMITTING A FARMERS MARKET IN THE BARRIO, WHERE IT IS CURRENTLY NOT PERMITTED. AS SHOWN IN TABLE ABOVE, THE VITAL USES LISTED ARE CURRENTLY PERMITTED OR CONDITIONALLY PERMITTED IN THESE VILLAGE COMMERCIAL DISTRICTS. THE FARMERS MARKET IS THE ONLY CONDITIONALLY PERMITTED USE WHERE IN ONE DISTRICT WHERE IT IS CURRENTLY BEING HELD. BASED ON COMMENTS RECEIVED AND STAFF ANALYSIS, SIX OPTIONS FOR ITEM TWO HAVE BEEN IDENTIFIED. OPTION ONE RECOMMENDED BY A PLANNING COMMISSIONER IS TO RESTRICT HOUSING SIZES IN ORDER TO ALLOW FOR MORE SQUARE FOOTAGE FOR COMMERCIAL USES WHILE STILL MEETING DENSITY REQUIREMENTS AT MIXED USE SITES. THIS OPTION WOULD NOT DIRECTLY CREATE A MARKET DEMAND FOR VITAL USES, BUT WOULD PROVIDE FOR ADDITIONAL SQUARE FOOTAGE FOR THE VITAL USES TO BE DEVELOPED. HOWEVER, THE MASTER PLAN DOES ALREADY HAVE RESTRICTED BUILDING STANDARDS THAT REQUIRE MIXED USE PROJECTS TO HAVE MINIMUM 50 PERCENT OF THE GROUND FLOOR AREA AND 80 PERCENT OF THE BUILDING FRONTAGE TO CONSIST OF COMMERCIAL USES. ANY ADDITIONAL HOUSING RESTRICTIONS MAY POTENTIALLY HINDER THE ABILITY TO DESIGNATED DENSITIES AND IMPLEMENTATION OF THE HOUSING ELEMENT CONSISTENT WITH STATE MANDATES. THEREFORE, STAFF DOES NOT RECOMMEND THIS OPTION. OPTION TO RECOMMEND BY ANOTHER PLANNING COMMISSIONER IS TO IMPLEMENT SMART GROWTH PRINCIPLES AND STANDARDS TO HELP CREATE A LIVE WORK AND PLAY ENVIRONMENT THAT WOULD IN TURN HELP IMPROVE THE MARKET DEMAND FOR VITAL USES. HOWEVER, THE MASTER PLAN ALREADY DOES INCORPORATE SMART GROWTH PRINCIPLES AND STANDARDS THAT FOCUS ON LOCATING HOUSING NEAR TRANSIT AND PROMOTING WALKABILITY AND COMMERCIAL DEVELOPMENT THAT SERVES RESIDENTS AND CREATES JOBS AND THEREFORE STAFF DOES NOT RECOMMEND CONSUMPTION. OPTION THREE IS TO RESTRICT GROCERY STORE SIZES TO ENCOURAGE SMALL GROCERY STORE CHAINS, SUCH AS A TRADER JOE'S TO MOVE INTO THE VILLAGE AREA. SMALLER GROCERY STORES ARE NOT PRECLUDED FROM BEING DEVELOPED IN THE COMMERCIAL DISTRICTS. CURRENTLY, THERE IS AT LEAST ONE SMALL GROCERY STORE AND ONE SMALL MARKET LOCATED WITHIN THE VILLAGE. RESTRICTING SQUARE FOOTAGE OF A GROCERY STORE DOES NOT GUARANTEE THE USE WILL BE DEVELOPED, NOR WOULD IT IMPROVE THE MARKET DEMAND FOR SUCH A USE. THEREFORE, STAFF DOES NOT RECOMMEND THIS OPTION. HOWEVER, DEVELOPING A STUDY TO ASSESS THE MARKET DEMAND FOR VARIOUS USES CAN BE AN ALTERNATIVE. OPTION FOUR IS TO CONDITIONALLY PERMIT A FARMERS MARKET IN THE BARRIO DISTRICTS. THIS IS A NEW OPTION TO ADDRESS THE COMMENT LETTER RECEIVED AT THE JULY CITY COUNCIL HEARING. STAFF DOES NOT HAVE A POSITION ON THIS OPTION. ADDITIONAL OUTREACH WITH THE BARRIO RESIDENTS WOULD NEED TO BE CONDUCTED TO DETERMINE IF THERE IS A NEED FOR THIS USE. SINCE THE BARRIO IS PRIMARILY RESIDENTIAL. OPTION FIVE IS TO ADDRESS IS TO ADD A POLICY THAT ENCOURAGES OR TRACKS VITAL USES. THIS POLICY WOULD PRIORITIZE AND OR JUSTIFY THE NEED TO STREAMLINE PERMITTING PROCESS FOR THESE USES TO BE DEVELOPED AND OR TO IMPLEMENT A FUTURE PROGRAM TO INCENTIVIZE THE DEVELOPMENT OF VITAL USES IN THE VILLAGE. THIS POLICY WOULD BE IMPLEMENTED THROUGH EVALUATIONS OF FUTURE PROJECTS, BUT WOULD NOT HAVE A DIRECT IMPACT ON THE PROJECTS PROPOSED IN THE VILLAGE. THEREFORE, STAFF RECOMMENDS OPTION FIVE OR RECOMMENDS OPTION SIX, WHICH IS TO MAKE NO CHANGES TO MASTER PLAN SINCE THESE RELEASES IDENTIFIED BY THE COMMUNITY ARE CURRENTLY EXISTING AND ARE PERMITTED OR CONDITIONALLY PERMITTED IN THE VILLAGE. THE NEXT ITEM FOR DISCUSSION IS ITEM THREE REGARDING PARKING IN THE VILLAGE AND BARRIO MASTER PLAN AREA. DURING THE AUGUST 2019 CITY COUNCIL HEARING, MANY COMMUNITY MEMBERS EXPRESSED CONCERN REGARDING PARKING AVAILABILITY AND SUPPORTED THE USE OF PARKING MOVIES AND PUBLIC PRIVATE PARTNERSHIPS TO FUND THE DEVELOPMENT OF A PARKING STRUCTURE. AT THE NOVEMBER PLANNING COMMISSION WORKSHOP, SEVERAL COMMENTS FROM THE COMMUNITY WERE RECEIVED REGARDING THIS TOPIC. MANY WERE SUPPORTIVE OF A PARKING STRUCTURE, BUT WITH SPECIFIC CONDITIONS CONDITIONS SUCH AS LOCATING THE STRUCTURE ON THE OUTSKIRTS OF THE VILLAGE OR NEAR THE RAILROAD TRACKS, HAVING THE STRUCTURE INCORPORATE PUBLIC ART OR EXCUSES, OR USING A PUBLIC PRIVATE PARTNERSHIP TO FUND A PARKING STRUCTURE. THERE WAS ONE COMMUNITY MEMBER WHO OPPOSED THE DEVELOPMENT OF A PARKING STRUCTURE, STATING IT IS NOT APPEALING, NOR DOES IT FIT IN WITH THE BEACH TOWN COMMUNITY CHARACTER. ON JULY 20TH, AND JULY 2020, CITY COUNCIL APPROVED AN EMERGENCY LOCAL ORDINANCE TEMPORARY ALLOWING TEMPORARILY ALLOWING THE EXPANSION OF OUTDOOR OPERATIONS FOR CURB CAFE'S, SIDEWALK CAFES AND OUTDOOR SIGNAGE. SEVERAL BUSINESSES EXPRESSED HAVING THEIR EXPANDED OUTDOOR USE HAS BECOME PERMANENT, THEREBY PERMANENTLY REMOVING PARKING CELLS AND PUBLIC SIDEWALK SPACE. AFTER REVIEWING THE COMMENTS RECEIVED, STAFF CONFIRMED THAT THE MASTER PLAN DOES [02:05:05] NOT PRECLUDE THE CONSTRUCTION OF A PARKING STRUCTURE. THE ADOPTED PARKING MANAGEMENT PLAN REFERENCED IN THE MASTERPLAN DOES RECOMMEND IMPLEMENTING PARKING REDUCTION STRATEGIES BEFORE CONSIDERING A PARKING STRUCTURE. AN ANNUAL PARKING SURVEY IS CONDUCTED TO EVALUATE THE EXISTING PARKING SYSTEM, AS WELL AS THE SURROUNDING BEACH PARKING AREAS. THE TWENTY TWENTY ONE STUDY WAS RECENTLY CONDUCTED, WHICH I WILL GO INTO MORE DETAIL IN THE NEXT SLIDE. BASED ON THE COMMENTS RECEIVED AND STAFF ANALYSIS, THREE OPTIONS HAVE BEEN IDENTIFIED. OPTION ONE IS TO UPDATE THE PARKING LIEU FEE PROGRAM. STAFF IS RECOMMENDING THIS OPTION SINCE THE 2021 PARKING STUDY DID DETERMINE THAT THE EXISTING PARKING LIEU FEE PROGRAM IS OUTDATED AND NOT FINANCIALLY SUSTAINABLE IN THE LONG TERM. OPTION TWO IS BROKEN INTO TWO CATEGORIES. OPTION TWO A IS RECOMMENDED TO IMPLEMENT AND PRIORITIZE PARKING PROJECTS IDENTIFIED IN THE PARKING MANAGEMENT PLAN TO MAINTAIN AND IMPROVE THE PARKING SYSTEM WITHIN THE MASTERPLAN AREA, AS STAFF DOES RECOMMEND THIS OPTION. OPTION 2B IS ALREADY BEING IMPLEMENTED THEREFORE NO FURTHER ACTION IS REQUIRED. YES. CAN I JUST ASK FOR YOU TO PAUSE BRIEFLY? ONE OF OUR COUNCIL MEMBER MEMBERS LOST CONNECTION AND OH OK, THAT'S GOING ON RIGHT NOW. IF WE COULD JUST TAKE A TWO MINUTE BREAK OR PAUSE. SO IT'S NOT JUST ME. IT IS NOT JUST YOU, SIR. THANK YOU, MAYOR PRO TEM, SO I LEFT OFF AT OPTION TWO B TO CONDUCT THE PARKING STUDY. THIS IS ALREADY BEING IMPLEMENTED, THEREFORE. CAN YOU RESHARE YOUR SCREEN, PLEASE? OH, I'M SORRY. OK. OPTION TWO B TO CONDUCT THE PARKING STUDY. THIS IS ALREADY BEING IMPLEMENTED THEREFORE NO FURTHER ACTION IS REQUIRED. OPTION THREE WAS ADDED TO REFLECT THE RELATIONSHIP BETWEEN THE TEMPORARY ACTIVATIONS AUTHORIZED IN THE VILLAGE AND BARRIO MASTER PLAN AND THE PARKING AREAS, AND TO ADDRESS BUSINESS OWNERS REQUEST TO ALLOW THEIR TEMPORARY OUTDOOR USES TO BECOME PERMANENT. THE 2021 PARKING STUDY RECENTLY COMPLETED DETERMINED THAT THERE WERE CERTAIN AREAS IN THE VILLAGE THAT EXCEEDED THE EFFECTIVE PARKING CAPACITY THRESHOLD. HOWEVER, THESE AREAS DID NOT INCLUDE THE OUTDOOR CURB CAFE LOCATIONS. THEREFORE, STAFF IS RECOMMENDING OPTION THREE TO INVESTIGATE MAKING THE TEMPORARY OUTDOOR ACTIVATIONS PERMANENT. MOVING ON TO THE NEXT ITEM IS ITEM FOR TRAFFIC IMPACT ANALYSIS AND MITIGATION AND ROADWAY CONDITIONS IN THE VILLAGE AND BARRIO MASTER PLAN AREA. IN AUGUST 2019, CITY COUNCIL INITIATED ITEM FOUR TO ADDRESS MULTIMODAL ACCESS AND PEDESTRIAN SAFETY AT HIGH TRAFFIC AREAS OUTSIDE THE COSTAL ZONE. AS DID NOT IMPACT PROJECTS BEING DEVELOPED IN THE COASTAL ZONE DURING THE NOVEMBER PLANNING COMMISSION WORKSHOP, COMMUNITY MEMBERS REQUESTED ROAD IMPROVEMENTS TO ADDRESS TRAFFIC AND PEDESTRIAN SAFETY CONCERNS. SEVERAL PLANNING COMMISSIONERS EXPRESSED INTEREST IN ALLOCATING TRAFFIC IMPACT FEES TO FUND VILLAGE AND BARRIO CIRCULATION IMPROVEMENTS AND TO PRIORITIZE CIRCULATION PROJECTS AS LISTED IN THE MASTER PLAN'S IMPLEMENTATION ACTION MATRIX. THE COMMITTEE ALSO SUBMITTED LETTERS IN SUPPORT OF STREET IMPROVEMENTS IN THE VILLAGE AND BARRIO MASTER PLAN AREA DURING THE JULY 2021 CITY COUNCIL HEARING. OK, THERE ARE SEVERAL CIRCULATION IMPROVEMENT PROJECTS LISTED IN THE MASTER PLAN, TWO OF WHICH ARE CURRENTLY BEING PROCESSED, INCLUDING THE VILLAGE AND BARRIO TRAFFIC CIRCLE IMPROVEMENTS PROJECT AND A SUSTAINABLE MOBILITY PLAN. THE CITY DOES USE THE TRAFFIC IMPACT FEES TO FINANCE SOME OF THE CIRCULATION IMPROVEMENTS IN THE VILLAGE AND BARRIO, BUT ALSO USES IT TO FUND OTHER CIRCULATION PROJECTS CITYWIDE. [02:10:01] BASED ON COMMENTS RECEIVED AND STAFF ANALYSIS, FIVE OPTIONS HAVE BEEN IDENTIFIED. OPTIONS ONE THROUGH THREE ARE CIRCULATION PROJECTS CURRENTLY BEING IMPLEMENTED BY THE TRANSPORTATION DEPARTMENT. THESE PROJECTS WOULD ADDRESS MANY OF THE TRAFFIC CONCERNS AND THEREFORE NO FURTHER ACTION IS REQUIRED TO IMPLEMENT THESE OPTIONS. OPTION FOUR IS TO DEVELOP A NEW EGRESS AT THE SOUTH END OF THE BARRIO NEAR, AS SUGGESTED BY ONE PLANNING COMMISSIONER. CURRENTLY, THERE IS ONLY ONE SOUTHERN EGRESS LOCATED ON JEFFERSON STREET. A FEASIBILITY ANALYSIS AND COMMUNITY OUTREACH WOULD NEED TO BE CONDUCTED FIRST TO DETERMINE A NEED FOR A NEW SOUTHERN EGRESS. STAFF DOES NOT RECOMMEND THIS OPTION SINCE NO COMMUNITY COMMENTS WERE RECEIVED IN SUPPORT OF A NEW EGRESS AND DUE TO LIMITED FUNDING AND STAFF AVAILABILITY. OPTION FIVE IS TO DEVELOP THE TYLER STREET ONE WAY CONVERSION COMPLETE STREET FEASIBILITY STUDY. THIS OPTION WAS NOT DISCUSSED DURING THE PLANNING COMMISSION WORKSHOP. HOWEVER, THERE HAS BEEN RECENT SUPPORT FOR THIS OPTION FROM RESIDENTS LIVING ALONG THE STREET AT THIS TIME STAFF DOES NOT RECOMMEND MOVING FORWARD WITH THIS OPTION DUE TO THERE BEING OTHER PROJECTS THAT MAY PROVIDE GREATER BENEFIT TO THE VILLAGE AND BARRIO COMMUNITY AND DUE TO LIMITED FUNDING AND STAFF AVAILABILITY. THE LAST ITEM FOR DISCUSSION IS ITEM EIGHT REGARDING ALL OTHER MISCELLANEOUS VILLAGE AND BARRIO TOPICS AS REQUESTED BY THE COMMUNITY. DURING THE PLANNING COMMISSION, WORKSHOP COMMITTEE MEMBERS PROVIDED COMMENTS ON ADDITIONAL TOPICS RELATED TO THE VILLAGE AND BARRIO MASTER PLAN AS LISTED HERE, ONE OR MORE COMMISSIONERS EXPRESSED INTEREST IN A STREET TREE PROGRAM, THE GRAND AVENUE PROMENADE, DEVELOPING HISTORIC PRESERVATION POLICIES AND REGULATIONS, IMPLEMENTING A LIGHTING IMPROVEMENTS PLAN AND REDUCING THE BUILDING HEIGHT IN THE VILLAGE CONGRESSIONAL DISTRICTS FROM FOUR STORIES TO TWO TO THREE STORIES. BASED ON COMMENTS, YOU'VE SEEN STAFF ANALYSIS , NINE OPTIONS HAVE BEEN IDENTIFIED. PLEASE NOTE THAT MOST OF THESE OPTIONS WOULD NOT AMEND THE VILLAGE AND BARRIO MASTER PLAN, BUT INSTEAD OUR PROJECTS AND PROGRAMS THAT WOULD BE IMPLEMENTED SEPARATELY. OPTION ONE IS TO PREPARE A STREET TREE PLAN FOR THE VILLAGE AND BARRIO AREA. THE COMMUNITY GROUP THAT REQUESTED FOR A STREET TREE PLAN STATED THAT TREES SHOULD PROVIDE A DESIGN THEME ELEMENT FOR THE PUBLIC CORRIDOR AND NOT FOR THE INDIVIDUAL DEVELOPMENTS ALONG THE REACH. CURRENTLY, THE CITY'S 2016 LANDSCAPED MANUAL INCLUDES A STREETSCAPE PROGRAM THAT PROVIDES STREET TREE REQUIREMENTS FOR THE ENTIRE CITY AND REFERS TO THE COMMUNITY FOREST MANAGEMENT PLAN FOR THE LIST OF ALLOWED TREE SPECIES, INCLUDING CANOPY TREES USE TO SHADE PEDESTRIANS WHEN WALKING ALONG PUBLIC CORRIDORS. MASTER PLAN DOES LIST A FEW STREETSCAPE PLANS AND A PROMENADE TO BE DEVELOPED THAT COULD INCORPORATE A STREET TREE PLAN. THE MASTERPLAN ALSO RECOMMENDS IDENTIFYING A LIST OF PRIORITY STREETS FOR TREE PLANTINGS. CURRENTLY, ROOSEVELT AND MADISON STREETS ARE CONSIDERED PRIORITY STREETS FOR TREE PLANTINGS AS THEY SERVE AS PRIMARY ROUTES BETWEEN THE VILLAGE AND BARRIO. STATE STREET IS ALSO DISCUSSED AS A PRIORITY STREET. PLANTING TREES ALONG PRIORITY CORRIDORS CAN BE ACCOMPLISHED BY DEVELOPING A STREETSCAPE PLAN OR STREETSCAPE DESIGN GUIDELINES THAT WOULD INCLUDE A VARIETY OF PEDESTRIAN IMPROVEMENTS, NOT JUST TREE PLANTINGS. A SIMPLE TREE SIMPLE STREET TREE PLAN COULD ALSO BE DEVELOPED, AND THAT WOULD INCORPORATE A COHESIVE DESIGN THEME FOR TREE PLANTINGS ALONG EACH PRIORITY CORRIDOR. IF OPTION ONE IS PURSUED, FUNDING WOULD VARY SIGNIFICANTLY DEPENDING ON THE TYPE OF PLAN AND NUMBER OF PRIORITY CORRIDORS CHOSEN. STAFF CAN ANALYZE ONE OR ALL OF THE THREE TYPES OF PLANS AND RETURN TO CITY COUNCIL WITH A MORE DETAILED WORK PLANS, SCHEDULE AND COSTS IF REQUESTED. HOWEVER, AS MENTIONED, STAFF DOES NOT HAVE A POSITION ON THIS OPTION AT THIS TIME. WELL, OPTION TWO IS REGARDING THE GRAND AVENUE PROMENADE, THE PROMENADE IS LISTED AS A KEY VILLAGE RECOMMENDATION IN THE MASTERPLAN, AS SHOWN HERE, IT IS SEPARATED INTO TWO SECTIONS. OPTION TWO A IS TO CONSTRUCT THE GRAND AVENUE PROMENADE PILOT PROJECT. THE PILOT PROJECT WOULD CLOSE OFF THE SOUTHERN HALF OF GRAND AVENUE, THEREFORE REDUCING THE NUMBER OF LANES FROM FOUR TO TWO. OPTION TWO B IS TO CONDUCT A FEASIBILITY STUDY FOR THE PERMANENT INSTALLATION. STAFF IS RECOMMENDING OPTION TWO A ONLY AND DEPENDING ON THE RESULTS FROM THE FROM IMPLEMENTING THE PILOT PROGRAM SHOULD OPTION TWO B'S FEASIBILITY STUDY BE CONSIDERED. OK, OPTION THREE TO IMPLEMENT A MILLS ACT TAX INCENTIVE PROGRAM IS A SEPARATE PROJECT ALREADY BEING IMPLEMENTED THEREFORE NO FURTHER ACTION IS REQUIRED. AN OPTION FOUR IS TO ESTABLISH A HISTORIC DISTRICT IN THE VILLAGE AND BARRIO MASTER PLAN AREA, SEVERAL COMMUNITY MEMBERS REQUESTED HAVING THIS HISTORIC DISTRICT [02:15:01] DESIGNATION TO PRESERVE AND ENFORCE DESIGN STANDARDS THAT HIGHLIGHT AND PROTECT THE HISTORICAL IMPORTANCE, UNIQUE CHARACTER AND CHARM OF CARLSBAD VILLAGE AND BARRIO NEIGHBORHOODS. SINCE BOTH OPTION THREE OR FOUR WILL ADDRESS HISTORIC PRESERVATION FOR EFFICIENCY PURPOSES, STAFF RECOMMENDS THIS OPTION MOVE FORWARD WITH THE ESTABLISHMENT OF THE MILLS ACT PROGRAM CURRENTLY BEING IMPLEMENTED. OPTION FIVE IS ALSO BROKEN INTO TWO NEIGHBORHOOD LIGHTING PROJECTS, BOTH OF WHICH ARE CURRENTLY BEING IMPLEMENTED THERE FOR NO FURTHER ACTION IS REQUIRED. OPTION SIX IS TO REDUCE THE BUILDING HEIGHT IN THE VILLAGE, STAFF DOES NOT RECOMMEND THIS OPTION, AS IT WOULD HINDER THE THE ABILITY TO ACHIEVE THE DESIGNATED DENSITIES AND IMPLEMENTATION OF THE HOUSING ELEMENT. ADDITIONALLY, ANY REDUCTION IN RESIDENTIAL DENSITY WOULD HAVE TO BE OFFSET WITH AN INCREASE IN DENSITY SOMEWHERE ELSE IN THE CITY. OPTION SEVEN IS TO IMPLEMENT A PUBLIC ART AND CULTURAL PLAN IN THE VILLAGE AND BORROW MASTER PLAN. THIS PLAN IS CURRENTLY BEING IMPLEMENTED AS A SEPARATE PROJECT, THEREFORE NO FURTHER ACTION IS REQUIRED. OPTION EIGHT IS TO REVISE MASTER PLAN POLICY TWO POINT THREE THREE SO THAT IT ONLY PERTAINS TO THE BLAZER TRAILER PARK, WHICH IS AN RV PARK LOCATED IN THE VILLAGE AND NOT TO OTHER PROPERTIES AS REQUESTED BY A COMMUNITY MEMBER WHO IS CONCERNED ABOUT PROPERTIES BEING UP ZONED. THIS POLICY, HOWEVER, STAFF BELIEVES THIS POLICY IS NEEDED TO PROVIDE DIRECTION FOR ALL DEVELOPMENT PROJECTS THAT ARE LOCATED WITHIN MULTIPLE DISTRICTS. THIS POLICY WOULD REQUIRE ANY PROJECT LOCATED WITHIN MULTIPLE DISTRICTS TO BE RESTRICTED BY SITE DEVELOPMENT PLAN THAT REQUIRES DISCRETIONARY APPROVAL. THEREFORE, STAFF DOES NOT RECOMMEND IMPLEMENTING THIS OPTION. HOWEVER, STAFF CAN REWRITE THIS POLICY TO PROVIDE MORE GUIDANCE ON WHEN FLEXIBILITY WOULD, SHOULD AND SHOULD NOT BE ALLOWED IF REQUESTED. AND OPTION 9 IS TO REVISE THE MASTER PLAN BY RESTRICTING COMMERCIAL USES FROM BEING LOCATED WITHIN THE VILLAGE GENERAL DISTRICT. THE COMMUNITY MEMBER WHO MADE THIS REQUEST STATED THAT THE VG DISTRICT SHOULD ONLY BE LIMITED TO ESSENTIAL AND OFFICE USES. STAFF DOES NOT RECOMMEND THIS OPTION BECAUSE THE VG DISTRICT IS ALREADY MORE RESTRICTIVE IN PERMITTING COMMERCIAL USES THAN THE OTHER COMMERCIAL DISTRICTS AND BECAUSE IT IS INTENDED TO BE A TRANSITIONAL AREA BETWEEN THE NORTHERN AND RESIDENTIAL NEIGHBORHOODS AND THE VILLAGE CENTER DISTRICT. STAFF IS REQUESTING THAT THE CITY COUNCIL EVALUATE INPUT FROM THE PUBLIC PLANNING COMMISSION AND STAFF AND, IF APPROPRIATE, PROVIDE DIRECTION ON THE OPTIONS DISCUSSED IN THE STAFF REPORT. UPON RECEIPT OF CITY COUNCIL'S DIRECTION TO MOVE FORWARD WITH ONE OR MORE OF THE OPTIONS DISCUSSED, STAFF WILL RETURN TO CITY COUNCIL WITH THE SELECTED OPTIONS, REFINED SCOPE OF WORK SCHEDULE AND COSTS. DEPENDING UPON THE OPTION SELECTED IMPLEMENTATION COSTS WILL VARY. ADDITIONALLY, STAFF WILL ANALYZE IMPACTS TO THE ADVANCED PLANNING TEAM'S WORK PLAN BASED ON THE CHOSEN OPTIONS. UH, THIS CONCLUDES STAFF PRESENTATION STAFF IS AVAILABLE FOR QUESTIONS ALSO TO HELP FACILITATE THE CITY COUNCIL'S DISCUSSION ON THE DIFFERENT OPTIONS STAFF CAN BRING UP EACH OF THE OPTION TABLES IF NEEDED SHOWN HERE. THANK YOU. NOW'S A GOOD TIME TO ASK FOR ANY SPEAKERS. AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM 13, PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE JOINING US USING THE MEETING LINK OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS STAR NINE NOW TO RAISE YOUR HAND WHEN YOU CALL YOUR NAME OR LAST FOUR DIGITS OF YOUR PHONE NUMBER, PLEASE PRESS STAR SIX TWO ON MUTE. YOU'LL HAVE THREE MINUTES TO MAKE YOUR COMMENTS. YOU WILL BE MEETING ONCE YOUR THREE MINUTES HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. WE DO HAVE A SPEAKER, THE FIRST SPEAKER AT ZERO SORRY ZERO TWO ZERO ZERO. PLEASE UNMUTE. HI, THANK YOU. MAYOR, PRO TEM AND COUNCIL MEMBERS. MY NAME IS BRIAN TRACY. I'M A LOCAL RESIDENT AND I OWN STATUS SKATE SHOP HERE IN THE VILLAGE. WE ORIGINALLY OPENED IN AUGUST OF 2020 AT 2801 ROOSEVELT STREET. AND JUST THIS AUGUST 2021, WE MOVED TO 3045 ROOSEVELT. SO WE'RE RIGHT BEHIND PIZZA CORPS BOTH LOCATIONS LOCATED WITHIN THE VILLAGE CENTER. WE ARE A VERY FUN AND FAMILY FRIENDLY SKATEBOARD SHOP. WHILE OUR INITIAL LOCATION PROVIDED A WELL-DESERVED SKATE SHOP FOR LOCALS, OUR NEW LOCATION GIVES US THE SPACE TO CREATE A TRUE DESTINATION SKATE SHOP EXPERIENCE. ANOTHER GREAT REASON FOR FOLKS TO COME IN AND VISIT CARLSBAD. [02:20:02] IN MY OPINION, STATUS REALLY EXEMPLIFIES THE PEDESTRIAN AND CYCLIST FRIENDLY VIBE THAT THE MASTERPLAN SEEMS TO BOTH ENVISAGE AND INSPIRE. WHAT USED TO BE THE GARAGE DOORS TO AN AUTO SHOP ARE NOW ROLL UP GLASS DOORS USED AS OUR MAIN ENTRANCE. WHAT USED TO BE A DRIVEWAY IS NOW A PEDESTRIAN COURTYARD. OUR BUILDING WAS BUILT MANY YEARS PRIOR TO THE CURRENT MASTERPLAN AND WAS CLEARLY DESIGNED FOR SIGNAGE TO BE PLACED ABOVE THESE ROLL UP DOORS. THIS WAS THE CASE WITH THE AUTO SHOP FOR OVER 30 YEARS. EVEN THOUGH WE CONTINUE TO USE THE ROLL UP DOORS AS OUR MAIN ENTRANCE, THE CURRENT MASTER PLAN UNFORTUNATELY DOES NOT ALLOW THAT INTERPRETATION WHEN IT COMES TO SIGNAGE PERMIT. I'M OF THE BELIEF THAT OUR EXPECTATIONS OF SIGNAGE ALLOWANCE AND PLACEMENT FALL WELL WITHIN THE SPIRIT OF THE MASTER PLAN, JUST CURRENTLY OUTSIDE OF THE SPECIFIC SCENARIOS THAT WERE ANTICIPATED TO DATE AS A LOCAL BUSINESS OWNER WHO HAS BECOME INTIMATELY FAMILIAR WITH THE MASTER PLAN. I'D LIKE TO OFFER ASSISTANCE TO STAFF TO HELP IN DRAFTING AMENDMENTS TO THE PLAN THAT MIGHT ALLOW FOR MORE APPROPRIATE RULES FOR BUSINESSES WHO MAY HAVE SIMILAR CHALLENGES. I'M CERTAIN I'M NOT THE ONLY BUSINESS THAT IS OR WILL FACE CHALLENGES WITH SIGNAGE, WHICH IS OF COURSE, SO IMPORTANT TO THE SUCCESS OF A SMALL BUSINESS. THANK YOU FOR YOUR TIME AND CONSIDERATION REGARDING AMENDMENTS TO THE VILLAGE AND BARRIO MASTER PLAN. THANK YOU, SIR. OUR NEXT SPEAKER IS IMAGINE CARLSBAD. CAN YOU PLEASE UNMUTE? OK. CAN YOU HEAR ME? YES, WE CAN HEAR YOU. HELLO, THIS IS ROBERT WILKINSON. I AM REPRESENTING THE COMMUNITY GROUP. IMAGINE CARLSBAD. I'M SPEAKING TO YOU TONIGHT PRIMARILY ON ITEM EIGHT, OPTION TWO REGARDING THE IDEA OF THE GRAND PROMENADE. WE ARE PLEASED THAT FINALLY, THIS IDEA IS BEFORE YOU, WE SUPPORT A PRELIMINARY PLAN TO STUDY THE IDEA THAT IS, WE SUPPORT OPTION TWO B, A NEW TRAFFIC REPORT COMPREHENSIVE TO THE FULL CORE AREA AND A STUDY PLAN THAT LAYS OUT THE NEW MOBILITY FOR EACH AND EVERY BLOCK OF THIS CORRIDOR. BACK IN JULY, WE EMAILED TO EACH OF YOU A PACKET WITH OUR WRITTEN PITCH SUPPORTED BY GRAPHIC EXHIBITS AND HOPE THAT YOU WERE ALL ABLE TO REVIEW THAT PACKET AND THAT OUR PITCH WAS CLEAR. OVER THE PAST WEEK, WE SENT OUT AN ADDITIONAL PAPER TO AID IN BRINGING THIS IDEA FURTHER INTO FOCUS AND WHY WE SHOULD MOVE FORWARD ON IT STARTING TONIGHT. WE BELIEVE THAT FROM WHERE WE ARE TODAY ON THIS IDEA THAT DOING A TEST, A TEMPORARY TEST OR PILOT PROJECT AS THE NEXT STEP WITHOUT A STUDY PLAN WOULD BE OFF TARGET. EVALUATING THE IDEA WITH THIS TYPE OF TEST WOULD BE COUNTERPRODUCTIVE AND POTENTIALLY SETTING US BACK FURTHER RATHER THAN MOVING US FORWARD. THE GRAND PROMENADE WILL CREATE AN EXCITING AND MEANINGFUL PEDESTRIAN RAMBLA WITH MULTIPLE GATHERING PLACES WHERE MANY EVENTS CAN TAKE PLACE. MORE ON THAT IN A MINUTE. HOWEVER, THE GRAND PROMENADE IS AT ITS BASE, A MOBILITY PROJECT. IT WILL BETTER PROVIDE FOR THE THREE FORMS OF TRAVEL MOBILITY THAT ARE POPULAR AND FITTING IN THIS NEIGHBORHOOD FOR THE GRAND PROMENADE TO BE SUCCESSFUL IT WILL NEED TO ACHIEVE AN OPTIMUM BALANCE BETWEEN ALL THREE FORMS OF MOBILITY. THOSE ARE NUMBER ONE WALKING. ULTIMATELY, WE WILL GET TO FOCUS OUR ATTENTION ON THE DESIGN OF THIS AREA. A LINEAR PLAZA, A PEDESTRIAN RAMBLER AND AREA FOR ALL OF US TO USE ON A DAILY BASIS. PERSONALLY, WORK ON THIS AREA WILL BE THE MOST FUN AND REWARDING. NUMBER TWO, CYCLING, THE MASTER PLAN ONE OF THOSE OFFICIAL DOCUMENTS CALLS OUT FOR A MUCH EXPANDED AND IMPROVED NETWORK OF ROUTES FOR THIS FORM OF TRAVEL, AND THE GRAND PROMENADE SEGMENT WILL BE THE MOST IMPORTANT AS A BACKBONE ROUTE FOR EAST AND WEST TRAVEL. HOPEFULLY, YOU ARE ALL AWARE OF HOW CYCLING IS EXPANDING IN CARLSBAD. I STILL GET OUT ON MY ROAD BIKE EACH WEEK. FROM THAT VANTAGE POINT, I WITNESS. THAT CONCLUDES OUR SPEAKERS ON THIS ITEM. THANK YOU. ANY QUESTIONS FROM COUNSEL? AT MS. ACOSTA. THANK YOU. [02:25:02] THERE'S SO MUCH TO UNPACK HERE. BUT BEFORE I UH, GET INTO MY COMMENTS, I DID HAVE A QUICK QUESTION I WANTED TO ASK ABOUT THE OUTDOOR ACTIVATIONS AND THE PARKING AROUND THAT IN THE SLIDE, MS. GLENNON IN IT SAID JULY 2020. THE CITY COUNCIL APPROVED THOSE OUTDOOR ACTIVATIONS. AND HOW DID THAT GO? COUNCIL MEMBER ACOSTA, THE CITY COUNCIL TOOK SEVERAL ACTIONS APPROVING RESOLUTIONS THAT SUSPENDED CERTAIN LAND USE REGULATIONS AND FEES RELATED TO OUTDOOR ACTIVATION, AND SO THEY APPROVED THE GLOBAL LAND USE CHANGES. AND THEN SUBSEQUENT TO THAT, THERE'S BEEN A PERMITTING ISSUED. THERE'S BEEN APPROXIMATELY 48 PERMITS ISSUED IN THE VILLAGE, AND THAT INCLUDES EXPANSIONS INTO PRIVATE PROPERTY, CURB CAFéS AND SIDEWALK CAFES INTO THE RIGHT OF WAY. GREAT. THANK YOU. AND I'VE I'VE SEEN THEM AND ENJOYED THEM. I'M JUST I'M WONDERING ABOUT THE PROCESS BECAUSE THIS SEEMS TO BE NOT ALONG THIS KIND OF LIKE WHICH OF THESE THINGS DOESN'T QUITE FIT BECAUSE ALL OF THESE OTHER THINGS APPEAR TO HAVE COME UP THROUGH THIS KIND OF LONGER PROCESS OF WORKING WITH THE COMMUNITY. AND I DIDN'T SEE THAT ONE THERE UNTIL UNTIL I WAS BRIEFED ON THIS. AND I'M JUST WONDERING, I THOUGHT THAT THAT I'D GONE THROUGH THE ECONOMIC DEVELOPMENT SUBCOMMITTEE OF THE COUNCIL, WHICH WAS KIND OF LOOKING AT WAYS TO HELP BUSINESSES DURING THE PANDEMIC. AND I'M THINKING THAT IT SHOULD GO BACK THERE AND NOT BE SO MUCH A PART OF THIS, WHICH IS YOU KNOW THIS PACKAGE OF AMENDMENTS THAT CAME FROM A VARIETY OF COMMUNITY MEMBERS AND RESIDENTS AND BUSINESSES, BUT KIND OF BE ON THAT OTHER TRACK WHERE I THOUGHT THAT IT CAME OUT OF, WHICH IS KIND OF PANDEMIC THINGS AND TRYING TO MAKE SURE THAT WE'RE SUPPORTING OUR BUSINESS COMMUNITY DURING THIS TIME. SO I KNOW A LOT OF STUDY WAS IS GIVEN TO THOSE KINDS OF THINGS AND WANT TO MAKE SURE THAT WE'RE DOING THAT ON THE BACK END, AS WELL AS THE FRONT END AND NOT MAKING HASTY, HASTY DECISIONS. SO I JUST WANTED TO TO CHECK IN HOW THAT DECISION WAS MADE. BUT I GUESS I'VE MADE MY STATEMENT. IT'S COOL. I DON'T HAVE ANY OTHER QUESTIONS. THANK YOU. AND COUNCIL MEMBER, I WOULD LIKE TO ADDRESS THAT FOR THE BENEFIT OF COUNCIL BECAUSE THE COUNCIL MEMBER IS 100 PERCENT CORRECT IN THIS. THIS WAS NOT SOMETHING THAT CAME OUT OF ANY OTHER PREVIOUS PROCESS. HOWEVER, THIS WAS SOMETHING THAT AS A RESULT OF COVID, THERE WERE RULES THAT WERE LESSENED OR CREATED LESS OF A BURDEN TO ALLOW US TO DO THIS SO THAT WE COULD TRY AND ASSIST BUSINESSES TO CONTINUE TO STAY ON THEIR FEET. THAT SAID, WHEN WE WERE BRINGING THIS ITEM BEFORE COUNCIL FOR THEIR CONSIDERATION, IT FELT NATURAL FROM STAFF'S PERSPECTIVE TO INCLUDE IT IN THIS BECAUSE IN THE EVENT THAT COUNCIL PROVIDES THIS DIRECTION TO SAY WE DON'T WANT TO DO ANYTHING, THEN WE KNOW THAT WE CAN TAKE THIS OFF OF OUR LIST. IF COUNCIL PROVIDES US THAT THEY'D LIKE US TO CONTINUE TO INVESTIGATE THAT, THEN WE CAN TAKE THAT DIRECTION AND CONTINUE TO SPEND ADDITIONAL TIME. MR MURPHY, IS THERE ANYTHING YOU'D LIKE TO ADD? BUT NO OTHER THAN WHAT WE'LL DO IS WE WILL WORK WITH ECONOMIC DEVELOPMENT, TALKING WITH COMMUNITIES. ONE OF THE TASKS THAT WE ARE ALREADY DOING IS WORKING WITH ECONOMIC DEVELOPMENT IN PREPARING A SURVEY WITH THE BUSINESSES AND RESIDENTS IN THE DOWNTOWN AREA TO IDENTIFY WHAT THEIR THOUGHTS AND VIEWS ARE OF THESE OUTDOOR ACTIVATIONS. TO GET AN INTEREST AS TO WHETHER THEY WANT TO CONTINUE THEM OR WHETHER THEY WOULD LIKE TO SEE THEM RETURN TO WHAT THEY WERE PRIOR TO COVID. WONDERFUL. THANK YOU. AND I'M SO GLAD THAT YOU MENTIONED THAT SURVEY AND THAT HOPEFULLY IT'S BUSINESSES AS WELL AS RESIDENTS, RIGHT? THAT ENTIRE COMMUNITY. SO IT'S NOT JUST THE ONE PART OF IT. AND AND THEN, OF COURSE, THE STAFF WORK TO MAKE SURE THAT THEY'RE SAFE AND SANITARY AND, YOU KNOW, HAVE ADA ACCESS AND HAVE ALL OF THOSE COMPLIANCE ISSUES ADDRESSED. AND THEN WE'RE RECUPERATING ANY FEES THAT WE SHOULD BE RECUPERATING, REPLACING THOSE PARKING SPOTS AND THINGS LIKE THAT. SO. OK, GREAT. THANK YOU. AND THAT'S HELPFUL. I GUESS THE REST ARE MOSTLY JUST COMMENTS, SO I WILL DEFER ANYTHING ELSE TO OTHERS. MR. NORBY. THANK YOU ON ITEM SIX. I GUESS IT'S NUMBER 4 FOR THE FORMATION OF A HISTORIC DISTRICT. AND COULD YOU WAS STAFF NEUTRAL ON THAT OR THE STAFF RECOMMEND THAT? I CAN'T REMEMBER, STAFF DOES RECOMMEND ITEM SIX. [02:30:03] YEAH. OK, SO COULD YOU WALK ME THROUGH THAT? BECAUSE I THINK ONE OF THE VERY FIRST STEPS THAT WOULD HAVE TO HAPPEN IS LIKE AN ARCHITECTURAL PRESERVATION INVENTORY OF BUILDINGS THAT HAVE SIGNIFICANCE AT A NATIONAL LEVEL OR STATE LEVEL OR LOCAL LEVEL. AND THEN FROM THAT INVENTORY, WE WOULD ASCERTAIN MAYBE WHAT A HISTORIC DISTRICT WOULD LOOK LIKE IS THAT I'M THINKING WITHOUT DOING A HISTORIC RESOURCES INVENTORY BY A PRESERVATION ARCHITECT THAT IDENTIFIES OUR HISTORIC PROPERTIES NATIONAL, STATE AND LOCAL POTENTIAL. IT'S HARD TO FORM A HISTORIC DISTRICT. AND I THINK MAYBE STEP ONE WOULD BE TO DO THAT ASSESSMENT. I RECEIVED THAT ASSESSMENT AND THEN COME BACK AND SAY, OK, WELL, NOW WE KNOW WHERE OUR HISTORIC BUILDINGS ARE AND WHAT LEVEL THEY'RE AT, BASED UPON A PRESERVATION ARCHITECT TAKING A LOOK AT IT AND PROVIDING US THAT GUIDANCE. IS THAT WHAT YOU HAVE IN MIND OR IS THERE SOMETHING DIFFERENT? OR AM I MISSING SOMETHING? SURELY WE CAN ASK THE LIBRARY DIRECTOR, SUZANNE, CAN YOU KIND OF CHIME IN ON WHAT YOU'RE WORKING ON ON THAT EFFORT? YES, WE HAVE BEEN WORKING ON ESTABLISHING EXACTLY WHAT OUR HISTORIC INVENTORY IS RIGHT NOW. AND WE HAVE A FEW QUESTIONS WITH THAT TO HAVE A HISTORIC DISTRICT. EVERY PROPERTY WITHIN THAT AREA NEEDS TO BE HAVE A HISTORIC DESIGNATION. AND SO THAT IS PART OF IT. AND THEN HAVE ESTABLISHING EXACTLY WHAT OUR INVENTORY IS ANOTHER PART OF IT. SO WE HAVE HAD DISCUSSIONS AND ONGOING, AND WE'LL BE BRINGING THAT TO COUNCIL PRETTY SOON TO ESTABLISH EXACTLY WHAT OUR CURRENT INVENTORY IS AND OUR NEXT STEPS THAT WILL GO FORWARD AS PART OF THE WILL IN CORRELATION WITH THE MILLS ACT PROCESS. OK. AND SO IT'S IN FRONT OF US IS AN OPTION, BUT IT SOUNDS LIKE IT'S ALREADY GOING FORWARD. WE'LL BE BRINGING IT TO COUNCIL. OK, SO THE INCREASED FUNDING, I MEAN, IF I SUPPORT THAT OPTION. LET ME REPHRASE IT THIS WAY IF THE OPTION IS NOT INCLUDED IN AN AMENDMENT TO THE VILLAGE BARRIO MASTER PLAN, DOES IT STILL HAPPEN? IT'S STILL ONGOING AND YOU'RE BRINGING IT FORWARD TO US REGARDLESS. WE WILL STILL BRING FORWARD ESTABLISHING AN INVENTORY OF POTENTIAL HISTORIC PROPERTIES. IT JUST MAY NOT BE AS PART OF A DISTRICT, SO THERE'S A DISTRICT PART OF IT, BUT THEN THERE ARE VARIOUS HISTORIC PROPERTIES THROUGHOUT THE THROUGHOUT THE CITY THAT ARE SEPARATE FROM HAVING A HISTORIC DISTRICT. OK, I'M KIND OF THINKING IT'S THE CART BEFORE THE HORSE TYPE ISSUE. I'D LIKE TO DO THE INVENTORY FIRST AND THEN SEE WHAT'S THERE AND THEN SAY YES, WE CAN DO THE HISTORIC DISTRICT, BUT BY GIVING YOU APPROVAL, I GUESS THAT'S THE PATH WE'RE GOING TO TAKE OR SHOULD IT GAIN THE SUPPORT OF COUNCIL. THAT SOUNDS LIKE THE PATH WE'RE TAKING ANYWAY. SO. GREAT. THANK YOU. ANY OTHER QUESTIONS, MR. NORBY? YEAH, I HAVE ONE LAST ONE ON ITEM NUMBER TWO, OPTION FOUR, WHICH IS THE FARMERS MARKET AND IT'S, I THINK, APPROVED WITH THE CONDITIONAL USE PERMIT AND ONE ZONE AND NOT THE OTHERS. I GUESS IT WOULD BE TWO QUESTIONS. SO NUMBER ONE, WE'VE JUST FORMED AN ARTS AND CULTURE DISTRICT THERE, AND WE'RE LOOKING AT DOING MORE HISTORIC STUFF THERE COULD IF WE SAY, LET'S GO AHEAD AND MAKE THAT AN AMENDMENT TO THE BARRIO VILLAGE MASTER PLAN, MAYBE IN TERMS OF VARIOUS ZONES LIKE BP, BC,VBO HAVING A CONDITIONAL USE, BUT WE'D ALSO EXPAND THE DEFINITION TO INCLUDE LIKE CULTURAL, CULTURAL AND ARTS, MERCATO OR CULTURE AND ARTS FARMER'S MARKET IN ADDITION TO CULTURE AND ARTS. BECAUSE I THINK ABOUT SOME OF THE UTILIZATIONS THAT WE HAVE IN TERMS OF SIMILAR TO A FARMERS MARKET IS WE HAVE LIKE CULTURAL AND ARTS EXHIBITS AND DISPLAYS THAT ARE, I THINK, VERY SIGNIFICANT AND VERY BENEFICIAL FOR THE COMMUNITY THAT MAY COME UP IN THE FUTURE AS WELL AND WOULD LIKE TO ALLOW THAT. YOU KNOW, I LOOK AT THE ARTS AND THE VILLAGE IS KIND OF SIMILAR TO A FARMER'S MARKET OR SIMILAR TO A STREET FAIR IN A SMALL VERSION OF A OF A CULTURALLY SIGNIFICANT EVENT THAT'S GOT POP UP TENTS. AND MAYBE THEY'RE SELLING SOMETHING CULTURALLY UNIQUE OR ARTISTIC. I MIGHT JUST IF WE CAN EXPAND THAT TO INCLUDE THOSE TWO, I DON'T KNOW WHAT THAT MEANS. I DON'T KNOW IF WE CAN DO IT, BUT IT'S SOMETHING THAT I THINK THAT WE'LL PROBABLY GOING TO SEE IN THE FUTURE AS WE GET OUR CULTURAL ARTS DISTRICT UP. SO I'D LIKE TO IF THAT'S POSSIBLE. [02:35:01] SURE COUNCIL MEMBER NORBY, WE CAN ABSOLUTELY LOOK AT EXPANDING THAT IF THERE'S DIRECTION BASED ON OUR CONVERSATIONS WITH THE REQUESTER OF THIS. THEY WERE ALSO LOOKING AT POTENTIAL OPTIONS AND POTENTIAL LOCATIONS WITHIN THAT AND SUPPORTED ADDITIONAL COMMUNITY OUTREACH ON THAT TOPIC. OK, AND THEN I WOULD JUST I WOULD TRUST ALL PARTIES AND STAFF TO BE APPROPRIATE WITH THEIR CONDITIONAL USES, RIGHT? MAKE SURE THAT IT IS WHAT IT IS AND APPROPRIATE CONDITIONS ARE PUT ON. OK, THANK YOU FOR THAT. THAT'S IT FOR MY QUESTIONS. ANY QUESTIONS, DR BHAT-PATEL? NO, JUST COMMENTS, THANK YOU. OK, LET'S. I DON'T HAVE ANY QUESTIONS FOR YOU. LET'S JUMP TO COMMENTS. WE'LL START WITH MS. ACOSTA SORRY, I REALIZED I HAD ONE MORE QUESTION ABOUT THE STREET TREE PLAN. JUST JUST TO CLARIFY, BECAUSE IN THE PRESENTATION, WE TALKED ABOUT THE FACT THAT WE ALREADY HAVE POLICY ABOUT OUR TYPES OF TREES IN DIFFERENT AREAS AND STUFF. BUT I WAS WONDERING IF, BECAUSE I HAD GOTTEN PUBLIC COMMENT A LONG TIME AGO ABOUT KIND OF TRYING TO BECOME A TREE CITY, USA, IT'S JUST LIKE A DESIGNATION OR PLAN THAT SOME NONPROFIT HAS. WERE THE COMMENTS ALONG THOSE LINES, LIKE PLANT MORE TREES TO HELP BUILD URBAN FOREST STATIONS SO THAT WE COULD HAVE AN ENVIRONMENTAL POSITIVE IMPACT? WAS IT MORE LIKE THAT, OR WAS IT MORE LIKE TYPES OF TREES? I'M JUST KIND OF WONDERING WHAT THE REQUEST WAS FROM THE COMMUNITY WHEN THEY ASKED TO PREPARE A STREET TREATMENT? YES, CITY COUNCIL MEMBER ACOSTA. THE REQUEST WAS FOR A STREET TREE PLAN THAT PROVIDES A COHESIVE DESIGN THEME OF STREET TREES ALONG PRIMARY CORRIDORS. SO RIGHT NOW THERE IS. THE COMMUNITY GROUP HAD AN ISSUE WITH DIFFERENT DEVELOPMENTS, HAVING DIFFERENT TYPES OF TREES THAT DIDN'T PROVIDE A COHESIVE DESIGN THEME ALONG THE CORRIDOR. SO RIGHT NOW, THE MASTER PLAN DOESN'T PROVIDE THAT. SO THAT'S WHAT THEY ARE REQUESTING. WE DO HAVE THE MASTER PLAN DOES IDENTIFY STREETSCAPE PLANS AND PROMENADES THAT COULD HAVE A STREET TREE PLAN THAT WOULD DO THAT. BUT AS OF RIGHT NOW, AND THE THING IS BEING IMPLEMENTED FOR THAT. COUNCIL MEMBER, IF I COULD, I WOULD LIKE OUR PARKS AND REC DIRECTOR, KYLE LANCASTER, TO ADDRESS THE ISSUE OF TREE CITY USA, WHICH WE'VE BEEN A MEMBER OF FOR, I THINK, THE LAST 17 YEARS. KYLE, CAN YOU ADD TO THAT? YES, SIR, THAT IS CORRECT. WE BECAME A TREE CITY USA 17 YEARS AGO, ACTUALLY ABOUT THE TIME I ARRIVED HERE AT THE CITY, AND IT DOES REQUIRE CERTAIN ELEMENTS TO BE FULFILLED EACH YEAR, INCLUDING ARBOR DAY EVENT AT A ARBOR DAY OR ARBOR WEEK PROCLAMATION, THE BUDGETING OF AT LEAST TWO PERCENT OF TOTAL BUDGET TO STREET TREE INVENTORY. AND SO WE ARE CONTINUING WITH THOSE EFFORTS, AND IT'S ALSO TIED TO YOUR COMMUNITY FOREST MANAGEMENT PLAN IN REGARDS TO INCREASING OUR URBAN FOREST CANOPY. THERE IS A GOAL WITHIN THAT PLAN OF INCREASING BY 600 TREES PER YEAR. SO BETWEEN THOSE TWO ELEMENTS, WE ARE VERY MUCH ON THE FOREFRONT OF BEING CONSIDERED ONE OF THE PREMIER CITIES. WITH RESPECT TO TREE PLANTING AND OVERALL MAINTENANCE. EXCELLENT, THANK YOU, THANK YOU VERY MUCH FOR THAT ADDITIONAL INFORMATION. SO FOR THIS BUDGETED AMOUNT OF TWENTY TO ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS TO PREPARE STREET TREE PLAN THAT WOULD BE SIMPLY PREPARING THE PLAN AND LANGUAGE AROUND MS. GLENNON, THE TYPES OF TREES THAT AND THAT KIND OF THING. NOT PLANTING ANYTHING. NOT IMPLEMENTING, JUST PREPARING A PLAN. YES. CORRECT. CORRECT. ALL RIGHT. COOL, THANK YOU. THAT'S MY LAST QUESTION. MS. ACOSTA, START WITH A COMMENT. OK, GREAT, THANK YOU. IT MIGHT HELP HELP TO PUT THE GRID BACK UP OR THE THE TABLE THAT WE HAD BECAUSE THERE'S SO MUCH. WHEN WE COULD JUST WALK THROUGH THEM. I'LL GO FAST, I PROMISE. OKAY. GREAT. THANK YOU. HERE TO SHARE MY THOUGHTS. YEAH, JUST WE START AT THE TOP AND AND GO DOWN. A CONDITIONALLY PERMIT, I GUESS THE FIRST AVAILABLE ONE CONDITIONALLY PERMIT THE FARMER'S MARKET IN THE IN THE BARRIO DISTRICTS. I DO SEE THAT THERE'S THERE'S SOME COST TO IT, BUT I THINK IF THERE'S INTEREST IN DOING THAT, I WOULD SUPPORT DOING THAT AND EXPANDING OUR FARMERS MARKET. I KNOW THAT OUR FARMERS MARKETS ARE OVERFLOWING. THEY'RE DOING REALLY WELL AND AND THAT'S VERY EXCITING. [02:40:05] AND IF THERE'S MARKET INTEREST AND YOU KNOW, THE ABILITY TO DO MORE AND WE'RE JUST CONSTRICTED BY SPACE, THEN I THINK THAT WE SHOULD ALLOW IT. SO I WOULD SUPPORT THAT. I'M OK WITH THE REST OF THIS SLIDE, I DON'T I DON'T REALLY HAVE COMMENTS ON THE REST OF THIS SLIDE. THERE WE GO. SO I SUPPORT UPDATING THE PARKING AND LIEU FEE PROGRAM, THE SPECIFICALLY THAT THE OUTDOOR ACTIVATIONS THAT I TALKED ABOUT AS MY FIRST QUESTION, I JUST WANT TO MAKE SURE THAT IT GOES THROUGH A LOT OF STUDY AND THAT WE'RE SURE THAT WE KNOW WHAT WE'RE TALKING ABOUT, PARTICULARLY FOR SAFETY REASONS, BUT THAT WE KNOW WHAT ALL THAT ASPECTS ARE FOR THAT. SO I THINK WE OUGHT TO BE DOING THAT, BUT WE NEED TO GO THROUGH A PROCESS. SO I WOULD RECOMMEND THAT THAT GO TO THE ECONOMIC DEVELOPMENT SUBCOMMITTEE AND THAT AND THAT STAFF BRING THAT THERE WITH WITH INFORMATION FOR THEM TO AND THEN THEY WOULD BRING THAT TO COUNCIL AFTER THEY'VE DEBATED THAT. AND I LOVE THAT WE'RE ALREADY WORKING ON SO MANY OF THESE THINGS IN OTHER WAYS, LIKE THE SUSTAINABLE MOBILITY PLAN, BECAUSE THAT IS IT'S GREAT THAT WE'VE GOT OVERLAP WITH SOME OF THE OTHER THINGS WE'VE APPROVED. I'M OK, I DON'T HAVE ANYTHING ELSE ON THAT ONE. THE STREET TREE PLAN. I THINK THAT THE COMMENTS FROM MR. LANCASTER ABOUT THE TREE CITY USA AND THE FACT THAT WE ALREADY HAVE CITY CITY RULES ABOUT WHAT KINDS OF TREES SHOULD BE PLANTED, WHERE IS ENOUGH, AND WE DON'T NEED AN EXTRA SPECIAL MORE RULES FOR THIS AREA, I THINK I THINK WE'RE GOOD. SO THE GRAND AVENUE PROMENADE PILOT PROJECT, I RECOMMEND, I THINK IT'S A IT'S A GREAT IDEA TO GET STARTED. THAT'S TWO WAY. AND I AGREE WITH THE STAFF RECOMMENDATION FOR TWO B WAIT FOR THE RESULTS OF THE PILOT. THE HISTORIC DISTRICT IN THE VILLAGE AND BARRIO, I RECOMMEND AS WELL, I THINK I THINK THAT THIS IS A REALLY SPECIAL AREA FOR AS MUCH AS WE TALKED ABOUT THE MILLS ACT AND HISTORIC CULTURAL ASSETS THAT WE HAVE. THIS IS NOT IN MY DISTRICT, BUT I OBVIOUSLY GO THERE AND I KNOW THIS AREA WELL AND IT'S VERY IMPORTANT HISTORIC PART OF CARLSBAD. AND I THINK THAT WE NEED TO MAKE SURE THAT WE'RE PLANNING FOR ITS FUTURE AND PRESERVING IT. SO BUT I DO I DO THINK THAT THAT THE HISTORIC DISTRICT IN THE VILLAGE AND BARRIO CAN COME AFTER. I THINK MAYBE THAT'S A WAIT AND SEE BECAUSE I'D LIKE TO SEE THE MILLS ACT, THE MILLS ACT INVENTORY THAT'S GOING TO COME TO US FIRST. BECAUSE AS PART OF THE MILLS ACT, WE ASK STAFF TO COME TO DEVELOP THAT INVENTORY AND COME BACK TO US. AND I DON'T I WOULDN'T WANT TO EXCLUDE HISTORIC PROPERTIES JUST BECAUSE THEY'RE NOT IN THAT HISTORIC DISTRICT. SO IT MAY BE THAT THEY'RE MORE DISPERSED THAN WE THINK. SO I KIND OF LIKE TO SEE THE DATA BEFORE WE MAKE A REAL MOVE IN THAT DIRECTION. THE. I DON'T HAVE ANYTHING ON THIS ONE. THAT'S IT. OK, IT'S OK TO BE QUICK. THANK YOU. OK. COMMENTS. DR. BHAT-PATEL. I THANK YOU AND YEAH, IF WE COULD GO THROUGH THE SLIDES AGAIN, THAT'LL BE HELPFUL FOR ME AS WELL. SO FIRST, I JUST WANT TO SAY THANK YOU FOR THE PRESENTATION. I KNOW THIS HAS BEEN A LONG TIME COMING. WE'VE BEEN TALKING ABOUT IT FOR QUITE SOME TIME AND I KNOW THAT WHETHER IT'S THE RESIDENTS OR STAFF OR COUNCIL MEMBERS, THIS IS SOMETHING WE'VE BEEN WAITING FOR. SO I KNOW IT'S BEEN SOMETHING THAT YOU ALL HAVE BEEN JUDICIOUSLY WORKING ON, AND I JUST HAVE TO SAY THANK YOU FOR DOING THAT. SO WITH THAT, I'LL JUST GO INTO SOME OF MY THOUGHTS AND DEFINITELY I'M OPEN TO THE CONDITIONAL PERMIT FOR THE FARMERS MARKET IN THE BARRIO DISTRICT. I THINK THAT WOULD BE REALLY COOL TO START ACTIVATING IN THAT PARTICULAR AREA AS WELL. AND THEN THE POLICY FOR ENCOURAGING FROM THE TWO BECAUSE I KNOW WE'RE LOOKING AT WHETHER WE'D WANT TO DO NO CHANGES TO THE VILLAGE AND BARRIO MASTERPLAN OR ADDING A POLICY TO ENCOURAGE DEVELOPMENT OF VITAL USES, I THINK I WOULD GO AHEAD AND MOVE FORWARD WITH THAT OPTION NUMBER FIVE, ADDING THAT POLICY. AND THEN OVER HERE, I AM HAPPY WITH ALL THREE GREEN ITEMS [02:45:03] HERE IN TERMS OF GOING AHEAD AND UPDATING THE PARKING IN LIEU FEE PROGRAM. I WON'T READ THE OTHER TWO, BUT IN TERMS OF JUST THAT OUTDOOR ACTIVATIONS, I DO WANT TO RESPOND TO THAT AS WELL. I LOOK FORWARD TO HAVING THAT CONVERSATION ON THE ECONOMIC DEVELOPMENT COMMITTEE. I KNOW WE'VE BEEN DISCUSSING THAT IT IS SOMETHING THAT I APPRECIATE THAT COUNCILMAN [INAUDIBLE] MENTIONED. THERE ARE A LOT OF DETAILS THAT NEED TO BE IRONED OUT, AND SO I'M LOOKING FORWARD TO MAKING SURE WE HAVE EVERYTHING IN PLACE TO MAKE IT A SUCCESS FOR NOT ONLY OUR CITY, BUT ALSO FOR THOSE THAT ARE INVOLVED INCORPORATING, OF COURSE, RESIDENTIAL FEEDBACK AS WELL AS BUSINESS FEEDBACK. SO I'M LOOKING FORWARD TO THAT. AND THEN ON THIS PARTICULAR ONE, JUST WANT TO SAY I'M EXCITED. OF COURSE, THERE'S NO PARTICULAR OPTIONS MOVING FORWARD, BUT JUST WANTED TO SAY, I'M GLAD THAT WE ALREADY HAVE SOME OF THE PROJECTS BEING IMPLEMENTED AND ESPECIALLY I KNOW THE VILLAGE AND BARRIO TRAFFIC CIRCLES WERE SOMETHING THAT FOLKS WERE REALLY LOOKING FOR AND LOOKING FORWARD TO. SO I'M SO GLAD THAT THAT WAS A CIP PROJECT THAT WE WERE ABLE TO PRIORITIZE AND IT'S MOVING FORWARD. AND THEN, HERE, YES THE GRAND PROMENADE. EVER SINCE I'VE BEEN ON, AND I THINK EVEN BEFORE THAT, FOLKS HAVE BEEN TALKING ABOUT IT, SO REALLY LOOKING FORWARD TO SUPPORTING THAT AND DO RECOMMEND THAT AS WELL. AND SO AGAIN, TWO A, FOR THAT ONE AND THEN JUST WANTED TO MENTION FOR THE HISTORIC DISTRICT IN THE VILLAGE AND BARRIO, I DEFINITELY SUPPORT IT. I DO WANT TO SAY THAT WE SHOULD THINK ABOUT IT FROM THE PERSPECTIVE OF INCORPORATING IT WITH THE CULTURE OR SORRY, THE ARTS PLAN THAT WE'RE THINKING ABOUT THE ARTS DISTRICT, THAT WE'RE ALSO GOING TO BE ACTIVATING BECAUSE I FEEL THEY GO HAND IN HAND. AND SO IF THERE'S A WAY FOR US TO THINK ABOUT IT FROM THAT PERSPECTIVE AND MAKING SURE AND I'M SURE WE WILL, BUT I JUST WANTED TO PUT THAT ON THE RECORD, TOO, THAT IT'S SO IMPORTANT THAT THAT'S ALSO GOING TO BE SOMETHING THAT I THINK REALLY PLAYS INTO THIS AND WILL ALSO BE SOMETHING THAT WILL WORK REALLY WELL TOGETHER AS WE'RE THINKING ABOUT, OK, WE'RE GOING TO ACTIVATE THIS PARTICULAR AREA. HOW CAN WE ALSO INFUSE SOME OF THE HISTORICAL ASPECTS OF OUR OF OUR COMMUNITY AND MAKE SURE THAT THAT'S YOU KNOW SHINING THROUGH? AND WE'RE WORKING ON BOTH OF THOSE PLANS. SO JUST WANTED TO INCORPORATE THAT PIECE AND DEFINITELY WANT TO SEE WHAT'S GOING ON WITH THE. WITH THE INVENTORY WITH REGARDS TO THE MILLS ACT AND THEN JUST ACKNOWLEDGING AGAIN THAT WE HAVE QUITE A FEW PROJECTS THAT HAVE BEEN INCORPORATED HERE, LIKE WITH REGARDS TO THE LIGHTING AND THEN OF COURSE, THE PUBLIC ARTS AND CULTURAL PLAN THAT I JUST ALLUDED TO AS WELL. AND I THINK THAT'S IT, RIGHT? I DON'T THINK THERE'S ANOTHER SLIDE. OK, GREAT. YEAH. OTHER THAN THAT, REALLY, REALLY GLAD THAT THIS IS MOVING FORWARD AND LOOKING FORWARD TO SUPPORTING THE ITEMS I'VE MENTIONED. THANKS. THANK YOU. MR. NORBY, YOU'RE NEXT. THANK YOU. MAYOR PRO TEM AND THANK YOU COUNCIL FOR WAITING UNTIL YOU HAD A REPRESENTATIVE OF DISTRICT ONE WHO COULD SPEAK ON THIS ITEM. I APPRECIATE THAT VERY MUCH. AND SO WITH ITEM NUMBER TWO OPTION FOUR, WHAT I WOULD LIKE TO SEE. THE FIRST OF ALL, I'M AWARE OF FARMERS MARKETS THAT ARE DONE BY SCHOOL DISTRICTS, FOR EXAMPLE, A BENEFIT THE PTA OR PTO. IT'S NOT NECESSARILY ONE GROUP, IT COULD BE TWO OR THREE DIFFERENT GROUPS DOING TWO OR THREE DIFFERENT MARKETS IN THE FUTURE. AND I THINK WHAT'S IMPORTANT IS THAT THIS MAY NOT COME THIS YEAR, IT MAY NOT COME NEXT YEAR, BUT IT MAY COME FIVE OR SEVEN YEARS FROM NOW THAT WE EXPAND IT. AND I WOULD SUGGEST EXPANDING IT TO THE BP ZONE, THE BC ZONE AND THE VBO ZONE IN THE BARRIO. AND I WOULD ALSO LIKE TO EXPAND THE WORDING FROM FARMER'S MARKET TO ALSO INCLUDE CULTURAL AND ARTS MARKETS. SO THAT WOULD BE MY RECOMMENDATION ON ITEM NUMBER FOUR. AND AGAIN, I JUST I'M JUST GOING BY THE THINGS THAT I'VE SEEN, I'VE SEEN IT DONE IN PARK AREAS, I'VE SEEN IT DONE IN SCHOOLS, I'VE SEEN IT DONE IN KIND OF LARGE PARKING LOT COMMERCIAL DISTRICTS. AND SO I THINK THOSE THREE ARE THE NATURAL ZONES IT MIGHT BE. MAJORITY OR ALL OF THE BARRIO, BUT WHO KNOWS WHERE IT WILL HAPPEN, AND I DON'T WANT A REALLY GREAT GROUP TO COME UP AND I PROPOSE TO DO, YOU KNOW, A CULTURAL MARKET OR A FARMER'S MARKET AND MAYBE IT'S A HIGH PARK WE SAY, NO, THAT'S NOT INCLUDED. IT'S GOING TO BE A MAJOR USE PERMIT TO DO THAT. OR MAYBE IT'S SOMEWHERE ELSE. SO I THINK THOSE ARE THE THREE THAT I WANT TO INCLUDE AND THEN CHANGE THAT DEFINITION ONTO ITEM NUMBER THREE. SO THE UPDATE OF THE PARKING LIEU FEE PROGRAM, I TOTALLY SUPPORT THAT, AND I WANTED TO SPEND A MINUTE OR TWO AND TALK ABOUT THIS. IT HAS BEEN, IN MY OPINION, I'M GOING TO BE VERY CRITICAL OF IT. IT HASN'T BEEN UPDATED AND IT HAS BEEN A GIFT TO PROPERTY OWNERS, QUITE FRANKLY, THAT WE ALLOW THEM TO PAY SO LITTLE TO PAY INTO A PARKING DISTRICT AND IN LIEU FEE [02:50:06] INSTEAD OF ACTUALLY CREATING THE PARKING SPACE ON THEIR PROPERTY. SO I KNOW THE INTENT HERE IS TO UPDATE THAT DOLLAR AMOUNT FOR THE PARKING NEW FEE TO KIND OF BETTER REPRESENT WHAT IT WOULD COST TO DO PARKING TODAY. BUT I WANT TO EMPHASIZE HERE IS THAT AS YOU ARE IN A SMALLER FOOTPRINT AREA, VERY DYNAMIC AND A LOT OF GROWTH WITH THE TRANSIT AND WHAT'S HAPPENING IN THE VILLAGE. THE OPTION THAT WOULD BE AVAILABLE FOR MOST PROJECTS WOULD BE BELOW GRADE OR ABOVE GRADE PARKING, AND THOSE ARE MUCH, MUCH MORE EXPENSIVE THAN AT GRADE PARKING. AND I'M FAMILIAR WITH SEVERAL PROJECTS CITIES THE SOUTH THAT ARE VERY SMALL AND HAVE HAD TO DO BELOW GRADE PARKING TO MAKE IT WORK. SO I WANT TO MAKE SURE THAT BELOW GRADE AND ABOVE GRADE COSTS ARE INCLUDED IN THE PARKING LIEU FEE, NOT JUST ACCURATE, BECAUSE THERE'S GOING TO COME A DAY REAL SOON IF WE'RE NOT ALREADY THERE, THAT IT'S CHEAPER TO GO UNDERGROUND AND BUILD MORE BUILDING ON TOP VERSUS THIS KIND OF HALF YOUR GROUND IS PARKING AND HALF YOUR GROUND AS A BUILDING. THE SECOND THING I WOULD MENTION IS THAT WE HAVE AN OPPORTUNITY HERE TO CREATE SOME CARROTS. FOR PRESERVATION OR FOR WHAT OUR COMMUNITY REALLY LIKES, OUR COMMUNITY LIKES THE EXISTING BUILDINGS, AND OUR COMMUNITY HAS A HARD TIME WITH A FOUR STORY RECTANGLE BEING PUT ON A PLACE THAT HAS BEEN TORN DOWN. I THINK OUR COMMUNITY LIKES ADAPTIVE REUSES, AND I'M THINKING OF THE CAMPFIRE RESTAURANT AND THE QUONSET HUT AND THE COFFEE SHOP THERE WHERE IT WAS REUSED AND MAYBE 400 SQUARE FEET WAS ADDED ON TOP, AS WELL AS THE ANTIQUE COLLECTIVE, THERE ARE THE ANTIQUE STORE THAT IS NOW GOING TO BE THE HOME OF SOME REALLY, REALLY NICE RESTAURANTS, AND THEY PRESERVED THE QUONSET HUT THERE AS WELL. AND I THINK OUR COMMUNITY REALLY, REALLY LIKES THAT. SO WE CAN WE CAN CRAFT THIS PARKING IN LIEU FEE TO GIVE TO ESSENTIALLY NOT HAVE IT BE APPLICABLE TO BUILDINGS THAT ARE OVER 50 YEARS OLD, THAT ARE HISTORIC OR NOT APPLICABLE TO PROJECTS THAT ARE ADAPTIVE REUSES, BUT ARE APPLICABLE TO NEW CONSTRUCTION. AND THAT'S SIMPLY, I THINK, CREATES A CARROT TO HELP KEEP SOME OF THE BUILDINGS THAT WE'RE USED TO IN THE DOWNTOWN THAT WE LIKE, KEEP THEM THERE LONGER AND GIVE THEM A MORE VIBRANT LIFE AND LESS EXPENSIVE TO DO. SO I WOULD I WOULD LOOK INTO WHEN WE LOOK INTO UPDATING THE PARKING LIEU FEE. MY RECOMMENDATION WOULD BE TO ALSO TAKE IN CONSIDERATION BELOW GRADE ABOVE GRADE PARKING COSTS AS WE DEVELOP THE COST AND THEN LOOK AT SEE IF WE CAN CREATE SOME CARROTS TO KEEP WHAT OUR COMMUNITY WANTS, WHICH IS, I THINK, OUR EXISTING BUILDINGS. AND IF WE CAN CREATE SOME CARROTS FOR THEM, AS WELL AS ADAPTIVE REUSE VERSUS JUST TEAR DOWN AND NEW STRUCTURES, THEN ALSO ITEM NUMBER THREE. UM, YEAH, WE ABSOLUTELY NEED TO DO THAT BECAUSE I THINK ONE OF THE LESSONS OF COVID AND WE TALK ABOUT IT A LOT IS NOT TO GET RID OF THE GOOD THINGS THAT HAPPEN. AND I THINK AS WE'VE DONE THIS, THIS OUTDOOR ACTIVATION, THERE'S A LOT OF GOOD THINGS THAT HAVE HAPPENED AND IT'S JUST TEMPORARY AND IT JUST RUNS WITH THE EMERGENCY KIND OF ORDINANCE OR THE EMERGENCY DECLARATION OF OUR STATE. AND SO ONCE THAT WEARS OUT, BOY, YOU KNOW, IF WE DON'T DO SOMETHING, IT HAS TO GO AWAY IS JUST TEMPORARY BASED ON THAT EMERGENCY. SO I ABSOLUTELY BELIEVE THAT WE SHOULD GET IN THERE AND AND DO WHAT WE CAN BECAUSE I THINK OUR COMMUNITY LIKES THAT. I THINK THEY WANT THAT. I THINK THAT HAS WORKED OUT REALLY, REALLY WELL. THERE MAY BE SOME ISSUES THAT HAVE TO KIND OF FIGURE OUT THAT MAYBE HAVEN'T WORKED OUT SO WELL, BUT I THINK BY AND LARGE, IT'S WORKED OUT REALLY, REALLY WELL, AND I THINK WE WOULD BE WELL SERVED TO ALLOW THAT TO CONTINUE. HOWEVER, I'M REALLY I ALWAYS KIND OF WANT TO HAVE THIS FAIRNESS, AND WE ARE GIVING AWAY A LOT OF OR WE'RE AT VERY LOW COST, YOU'RE GIVING AWAY A LOT OF PUBLIC SPACE, BOTH ON OUR SIDEWALKS AND ON OUR STREETS IN TERMS OF PARKING. AND EVEN WHEN WE ALLOW OUTDOOR ACTIVATION ON PRIVATE PARKING, THAT'S PARKING THAT'S REQUIRED THAT THEY'VE NOW ACTIVATED OUTDOOR MEANING THAT PARKING HAS TO GO SOMEWHERE ELSE. SO I WANT TO MAKE SURE THAT WE ARE REALLY. I THINK WE REALLY DEAL WITH ISSUES OF FAIRNESS OF PUBLIC PROPERTY AND COST WITH THAT IN TERMS OF WHAT THE VALUE OF THAT USAGE OF PUBLIC PROPERTY IS AND WE MAKE THAT FAIR. AND THEN THE RESTAURANT TOUR CAN DECIDE WHETHER IT'S A GOOD DEAL FOR THEM AND THEY WANT TO DO IT OR NOT. AND I WOULD SIMPLY SAY IF WE PUT THE SHOE ON THE OTHER FOOT AND WE WENT INTO A [02:55:03] PRIVATE PROPERTY AND SAY HEY, WE NEED 16 FEET OF YOUR PRIVATE PROPERTY, WOULD YOU GIVE IT TO US FOR FREE? I KNOW WHAT THAT ANSWER WOULD BE. AND I, THAT'S THE FAIRNESS TEST THAT I WANT TO APPLY WHEN YOU'RE USING PUBLIC PROPERTY. WE THINK IT'S A GOOD THING, BUT THERE NEEDS TO BE SOME, SOME SOME FEES ASSOCIATED WITH THAT THAT ARE EQUITABLE AND THAT ARE FAIR. SO I REALLY WANT TO MAKE SURE THAT WE ADDRESS THAT ISSUE AS WELL. SO I WOULD SUPPORT NUMBER ONE AND NUMBER THREE WITH THOSE COMMENTS AND THEN ON CHIDE THEM FOR. I'VE NOTICED I CAN'T REMEMBER WHAT THE NUMBER WAS, BUT IT WAS SOMETHING OVER 40 RESIDENTS HAVE SIGNED A PETITION ON THE TYLER STREET ONE WAY CONVERSION. IT IS A VERY UNIQUE STREET. IT'S A VERY NARROW STREET. IT'S ESSENTIALLY BUTTS UP AGAINST THE RAILROADS. THERE'S NO ROADS THAT GO ACROSS TYLER STREET. I THINK IT'S JUST ABSOLUTELY PERFECT FOR A ONE WAY CONVERSION WHICH WOULD ALLOW BIKING TO GO ON AS WELL AS THE ONE LANE. AND I THINK THAT CERTAINLY ON THE WEST SIDE OF TYLER, THERE'S A LOT OF COMMERCIAL ACTIVITY THAT'S GOING ON THERE THAT WOULD BENEFIT BY THAT INCREASED PEDESTRIAN BIKING AND INCREASED SAFETY OF ONE LANE. SO THAT IS SOMETHING THAT I WOULD LIKE TO STUDY BECAUSE I THINK IT'S SUPPORTED BY THE COMMUNITY AND I THINK THAT THERE'S GREAT BENEFIT THERE. SO I WOULD BE, YES, ON THE TYLER ONE WAY AS WELL. AND THEN ONTO THE NEXT ITEM EIGHT. UH, LET ME JUST GATHER MY NOTES HERE. I THINK WITH RESPECT TO ITEM TWO A AND TWO B AND I HAVE EITHER FOR BETTER OR WORSE, I HAVE A LOT OF BACKGROUND ON IMPLEMENTING PLANS AND IN DOWNTOWN AREAS ALONG HIGHWAY ONE I WANT ESPECIALLY. AND IT IT SOUNDS GOOD TO DO A PILOT PROJECT AND JUST MAYBE PAINT THE ROUNDABOUT BEFORE YOU BUILD THE ROUNDABOUT OR REDUCE THE LANES WITH PAINT BEFORE YOU ACTUALLY BUILD A PROJECT OR TO DO SOMETHING. AND WHAT WE WOULD CALL A TACTICAL DEPLOYMENT VERSUS SOMETHING THAT IS DONE REAL AND IT VERY SELDOM WORKS. AND YOU CAN LOOK TO, YOU KNOW, YOU CAN LOOK TO SUCCESSFUL LANE DROP PROJECTS THAT ARE DONE REALLY, REALLY WELL IN COMMUNITIES. AND YOU CAN LOOK TO I'LL JUST USE IT AS AN EXAMPLE. OCEANSIDE, THAT TOOK AN AREA BECAUSE OF CONCERN AND SAFETY AND INCIDENTS THAT HAPPENED WITH BICYCLES AND SAID, LET'S DO A TEST PILOT AND LET'S RESTRICT THAT TO ONE LANE IN THAT DIRECTION. LET'S JUST KIND OF PAINT IT AND PUT SOME CONES OUT, AND IT HASN'T WORKED. AND SO THE THE FEAR THAT I HAVE IS THAT IF WE DID NO TWO A AND WE STRIPED IT, WE CONED IT OFF. AND YOU KNOW, YOU WOULD GET NONE OF THE BENEFITS THAT THE PROJECT WOULD BRING IN TERMS OF THE PEDESTRIAN ACTIVITY AND THE PROJECT BEING BUILT FOR THAT AND BIKE ACTIVITY. BUT YOU WOULD CREATE A LOT OF ANGER ON THE PART OF DRIVERS. SO WHAT I WOULD RATHER SEE, WHICH IS A LOT LESS MONEY. AND I HAVE TO ALSO SAY LIKE THE AMOUNT OF TRAFFIC THAT RUNS ON THAT ROAD AND THAT WIDTH OF THE ROAD AND KNOWING WHAT A LANE OF TRAFFIC CAN CARRY ON HIGHWAY 101, I DON'T KNOW WHAT THAT TRAFFIC COUNT IS THERE, BUT I KNOW THE TRAFFIC CAN EASILY HANDLE TEN TO FIFTEEN THOUSAND VEHICLE TRIPS A DAY, AND WE'RE PROBABLY TALKING ABOUT A NUMBER THAT'S A THIRD OF THAT OR A FIFTH OF THAT. SO WHAT ARE WE? WHAT ARE WE? WHAT ARE WE STUDYING? I MEAN, YOU KNOW, IT WILL WORK FROM A TRAFFIC PERSPECTIVE. IT'LL WORK FROM A BIKE PERSPECTIVE. IT'LL WORK FROM THE PEDESTRIAN PERSPECTIVE. WHAT'S THE PURPOSE OF DOING A PILOT PROJECT? SO I WOULD RATHER SEE A FEASIBILITY STUDY DONE LOOKING AT THAT ALTERNATIVE THAT IS PRESENTED BY ENVISION CARLSBAD, I GUESS, BUT ALSO OTHER ALTERNATIVES TO GET THIS IDEA OF ONE LANE IN EACH DIRECTION, BIKE LANES AND MORE PEDESTRIAN SPACE. AND THEN IF THAT FEASIBILITY STUDY SHOULD CAUSE US SOME CONCERN IN TERMS OF, OOH, THIS IS GETTING PRETTY DICEY HERE, PRETTY CLOSE IN TERMS OF EITHER ITS PARKING OR ITS TRAFFIC COUNTS, OR IT'S THE ABILITY TO GET THAT FLOW WORKING BECAUSE I THINK WE CAN DO IT FOR CARS, PEOPLE AND BIKES. I DON'T THINK IT'S A PROBLEM. THE ROADS IS WIDE ENOUGH. BUT IF THE FEASIBILITY STUDY SHOWS THAT THERE IS SOME ISSUE HERE, THEN MAYBE WE GO TO A PILOT PROJECT BECAUSE WE THINK THERE'S AN ISSUE AND WE WANT TO SEE IF IT WORKS. BUT I WOULD BE IN FAVOR OF TO BE FIRST, LESS MONEY AND LET THE STUDY SHOW IF WE'RE GOING TO RUN INTO SOME ISSUES, WHICH I DON'T THINK WE WILL. BUT LET'S LET'S DO THE STUDY AND LOOK AT THAT. SO THAT WOULD BE MY WOULD BE YES, ON TWO B ON THAT. AND THEN I WOULD BE, YES, ON FOUR AS WELL. [03:00:03] IT'S BEEN EXPLAINED TO ME THAT, YOU KNOW, I THINK IT'S NATURAL. WE'RE GOING TO HAVE TO DO A HISTORIC RESOURCES INVENTORY. WE'LL TAKE A LOOK AT IT. WE'LL SEE IF THERE'S KIND OF THIS WHOLE FABRIC THAT HASN'T BEEN DISTURBED AND IF WE CAN DO A HISTORIC DISTRICT DOWN THERE, BUT IT SHOULD BE OUR GOAL TO DO THAT. SO I WOULD BE YES ON THAT AS WELL. NUMBER FOUR AND THEN THE LAST POINT THAT I HAVE TO MAKE IS WE HAVE ONE SPEAKER ON THIS, BRIAN TRACY, WHO'S THE OWNER OF THE SKATEBOARD STORE. YEAH, I REMEMBER THAT WHEN IT WAS A CAR REPAIR FACILITY AND I THINK IT WAS A WEBBERS. A WONDER BREAD, SORRY, WONDER BREAD BAKERY OUTLET IN FRONT WHERE PIZZA PORT IS RIGHT NOW. AND HISTORICALLY, THERE'S ALWAYS BEEN A SIGN OVER THOSE GARAGE DOORS FOR THE GARAGE. NOW A PERSON COMES IN HAS ROLL UP DOORS THERE. THAT'S THE PRIMARY POINT OF ENTRY. BUT OUR SIGN ORDINANCE APPARENTLY IS SO RIGID THAT IT SAYS TO THIS PROPERTY OWNER, WELL, I'M SORRY, YOU HAVE TO KIND OF PUT THE SIGN ON THE STREET FRONTAGE AND NOT ON THE SIDE. AND WHAT I WOULD WHAT I WOULD ASK MY COLLEAGUES TO CONSIDER IS THAT, YOU KNOW, IT'S NOT A MALL, IT'S NOT A STRIP CENTER. IT DOESN'T HAVE A VILLAGE, IF YOU WILL. IT HAS OLD BUILDINGS, NEW BUILDINGS, IT HAS BEAUTIFUL BUILDINGS, IT HAS DILAPIDATED BUILDINGS, WHATEVER. AND LET'S NOT BE SO RIGID ON SIGNS. LET'S LET'S HAVE CONTROL OF THEM IN TERMS OF SIZE BASED UPON SQUARE FOOT OF FRONTAGE. BUT LET'S LEAVE IT UP TO THE BUSINESS OWNER OR THE BUSINESS OWNER THINK IS THE BEST PLACE TO PUT THE SIGN AND WHERE THE BUSINESS OWNER SAYS THIS IS THE ENTRY POINT WHERE PEOPLE ARE COMING IN AND IT MAY BE DIFFERENT THAN WHAT IS TYPICAL. BUT I'D LIKE US TO LOOK AT THE SIGNAGE KIND OF FLEXIBILITY IN THE VILLAGE BECAUSE IT IS A VERY UNIQUE ANIMAL COMPARED TO A MORE TRADITIONAL STRIP CENTER OR POWER CENTER OR MALL. AND THAT CONCLUDES MY COMMENTS. WELL, IF ANYBODY HAS A BETTER WAY OF DOING THIS, PLEASE SHARE IT WITH ME, BUT WHAT I THOUGHT I WOULD DO IS I LIKE THE RECOMMENDATIONS, BUT WITH SOME CHANGES AND THEN I WILL SHARE WITH YOU WHAT I WROTE DOWN. I HEARD THE CHANGES AND THEN YOU GUYS TELL ME IF YOU WANT TO JUST VOTE ON IT IN ONE BIG GROUP, I HEARD ITEM TWO-4 FARMERS MARKET IN THE BARRIO. I HEARD SUPPORT FOR 3-3.2. ASK OUR ECONOMIC DEVELOPMENT SUBCOMMITTEE TO REVIEW THE OUTDOOR ACTIVATION ISSUE. I HEARD TOO UPDATE PARKING IN LIEU FEES THAT WOULD BE 3-1, I HEARD 4-5, TYLER STREET ONE WAY AND 8-2 A AND B. THE FEASIBILITY STUDY. SINCE SIGNAGE ISN'T IN HERE, I THINK I'D LIKE TO TAKE THAT SEPARATELY. DOES ANYBODY WANT TO A BETTER WAY TO DO THIS, OR ANYBODY WANT TO TALK ABOUT CIRCLE BACK AROUND AND TALK ABOUT THINGS LIKE THE FEASIBILITY STUDY, WHICH WAS EIGHT TWO A AND 2B OR TYLER STREET ONE WAY? AND I DON'T SEE ANYBODY'S FACES, SO IF YOU'RE RAISING HANDS, I CAN'T SEE YOU. CAN WE GO BACK TO THE HUMAN FACES, PLEASE? AND COUNCIL OR MAYOR PRO TEM? I SAW COUNCIL MEMBER NORBY HAD HIS HAND RAISED. THE CITY ATTORNEY HAD HER RIGHT HAND RIGHT. WELL, LET'S START OFF WITH THE CITY ATTORNEY BECAUSE SHE'S GOING TO MAKE SURE I DO THIS CORRECTLY. WELL, ACTUALLY, I JUST WANTED TO ADDRESS THE RECOMMENDATION TO REFER THE ITEM TO THE ECONOMIC SUBCOMMITTEE ECONOMIC DEVELOPMENT SUBCOMMITTEE, WHICH I THINK WOULD NORMALLY BE A VERY EXTRAORDINARILY GREAT IDEA AND I WOULD HAVE NO PROBLEM WITH IT. HOWEVER, WE DO HAVE A SINGLE MEMBER ON THAT SUBCOMMITTEE THAT IS CONFLICTED OUT OF CONSIDERING THIS ITEM, SO WE'D RECOMMEND THAT THE COUNCIL THINK ABOUT ANOTHER ALTERNATIVE. I'M SORRY, I DIDN'T THINK OF IT EARLIER. COUNCIL MEMBER ACOSTA. YEAH, NO WORRIES. THANK YOU. AND I WOULD, IN THAT CASE, SAY THAT IT SHOULD COME BACK TO THE FULL COUNCIL. RIGHT. ANYBODY? OH, MR. NORBY, PLEASE. THANK YOU, MAYOR PRO TEM, I THINK YOU OUTLINED IT VERY WELL. THE THERE'S TWO AREAS WHERE I THINK THAT WE MAY NEED TO HAVE ADDITIONAL DISCUSSION AND YOU CALLED IT, WHICH WAS TWO A TWO B AND THEN TYLER, ONE WAY I THINK THE REST OF THEM WERE ALL IN PRETTY MUCH AGREEMENT. I'D LIKE MY COLLEAGUES TO CONSIDER AGAIN EXPANDING THE FARMERS MARKET TO THE VB BC VBO IN THE BARRIO, AND THEN ALSO EXTEND THE DEFINITION TO INCLUDE ARTS AND CULTURE MARKETS. DR. BHAT-PATEL CIRCLING AROUND TO YOU NOW. SURE, I'M I DON'T HAVE ANYTHING THAT I HAD PULLED OUT TO BE CONSIDERED SPECIFICALLY. I THINK I'M HAPPY WITH THE RECOMMENDATIONS I HAD MADE. [03:05:03] SO WITH REGARDS TO THE COMMENTS THAT COUNCIL MEMBER NORBY HAS MADE. I AM OPEN TO DISCUSSING THAT. I WOULD WANT TO SEE A LITTLE BIT MORE IN TERMS OF COSTS AND EVERYTHING, AND I KNOW THAT THAT WOULD BE PRESENTED TO IT, PRESENTED TO US, I'M SURE. SO I'M DEFINITELY OPEN TO CONSIDERING YOU KNOW EXPANDING THE USAGE AND TERMINOLOGY AROUND. IF IT'S A MAKERS MARKET OR AN ART MARKET TYPE THING, I THINK THAT'S DEFINITELY SOMETHING WE SHOULD BE OPEN TO AND I SEE MR. MURPHY RAISING HIS HANDS. MR. MURPHY, PLEASE HELP US. SO WHAT I WOULD RECOMMEND IS BECAUSE WE, IN ORDER TO GET CLEAR DIRECTION FROM COUNCIL ON WHAT ITEMS TO PROCEED WITH, WE NEED THREE VOTES. AND SO WHAT I WOULD RECOMMEND IS THAT WE PUT UP THE FIRST SLIDE IN LINE FOR ITEM TWO AND KIND OF GO THROUGH THE TWO ITEMS THAT WERE DISCUSSED, WHICH WERE ITEMS FOR A NUMBER FIVE AND SEE IF WE CAN GET MOTION TO GIVE DIRECTION TO STAFF ON HOW TO MOVE FORWARD WITH THAT PARTICULAR ITEM. AND WE JUST GO THROUGH EACH ONE OF THE THE SLIDES. WITH THAT, I THINK THAT MIGHT BE THE MOST EFFICIENT WAY. WOULD BE A LITTLE LESS CUMBERSOME. THANK YOU. LET'S IF EVERYBODY IS OK WITH THAT, LET'S JUST GO AHEAD AND PROCEED AND START OFF WITH THE FIRST SLIDE. SO ON THE FIRST SLIDE, THEN WE'RE GOING TO VOTE THAT WE SUPPORT STAFF RECOMMENDATIONS WITH TWO-4 FARMERS MARKET IN THE BARRIO THAT WILL OFFER ARTS AS WELL AS FARMER'S MARKET AND THAT WAS THE ONLY CHANGE I HAD ON ITEM TWO. ANYBODY ELSE HAVE ANY CHANGES ON THAT. MAYOR, IF I MAY, DEPUTY MAYOR OR MAYOR PRO TEM, I WOULD JUST SPECIFY THE ZONES, WHICH ARE BP BC AND VBO. OK. OK, THAT WOULD BE MY MOTION ON THIS ONE, AND IT'S GOING TO REFLECT MR. NORBY'S REQUEST. MAYOR PRO TEM EXCUSE ME, SORRY, I JUST WANTED TO MAKE A CLARIFICATION. THE VB OTHER, THE VILLAGE BARRIO OTHER DISTRICT THAT IS PUBLIC, QUASI PUBLIC FACILITIES ONLY, AND THEY ARE NOT SUBJECT TO THE DEVELOPMENT STANDARDS IN THE MASTER PLAN. THEY ARE SUBJECT TO THE ZONING ORDINANCE. SO I THINK THE AMENDMENT TO THE MASTERPLAN WOULD BE RESTRICTED TO THE BP AND BC DISTRICTS. MR. NORBY, ANY INPUT ON THAT? ARE YOU OK? YEAH, I'M OK WITH THAT, IF I'M HEARING YOU. SO LET'S JUST SAY AN ORGANIZATION WANTED TO SET SOMETHING UP AT PINE PARK MAKERS ART, WHATEVER. WHAT I'M HEARING IS THAT YOU COULD GO AHEAD AND DO THAT WITHOUT A MAJOR USE PERMIT ANYWAYS, BECAUSE IT DOESN'T. PERHAPS DOESN'T REQUIRE THAT. YEAH, I BELIEVE IT WOULD BE SUBJECT TO THE ZONING ORDINANCE. AND PERHAPS THE PARK AND RECREATION DIRECTOR KYLE LANCASTER CAN WEIGH IN ON WHAT WE DO FOR PERMITTING, FOR EVENTS ON PUBLIC PROPERTY. YES, SIR, WE DO HAVE FACILITY USE PERMITS AVAILABLE FOR PINE AVENUE PARK AND OTHER COMMUNITY PARKS FOR AN EVENT OF THAT NATURE. IF IT WAS SOMETHING MORE SIGNIFICANT, IT ALSO INVOLVED STREET AREAS OR A LARGE SCALE BEYOND OUR FACILITY USE THRESHOLDS THAT COULD TRIGGER WHAT IS CALLED A CITYWIDE SPECIAL EVENTS PERMIT. THERE ARE PROCESSES AVAILABLE FOR BOTH OF THOSE PERMITS CURRENTLY IN EFFECT. GREAT. AND I WOULD JUST HAVE BP AND BC AS THE ZONES. OK. SO ON ITEM NUMBER TWO, MY MOTION WILL BE THAT WE FOLLOW RECOMMENDATIONS WITH THE CHANGE THAT FARMERS MARKET IN THE BARRIO, WITH ARTS AND CULTURE IN THE BPVC ZONE. IF I COULD JUST MAKE ONE CLARIFICATION. WE WERE LOOKING FOR EITHER RECOMMENDATION ON FIVE OR SIX, BUT NOT BOTH. SO IF YOU'RE LOOKING FOR ADDING A VITAL USES, THAT WOULD BE ITEM NUMBER FIVE. IF YOU'RE LOOKING FOR NO ADDITIONAL CHANGES, THAT WOULD BE ITEM NUMBER SIX IN MY MOTION IS TO ADD NUMBER FIVE, NOT NUMBER SIX. BUT AGAIN. OK. CALL FOR THE VOTE, PLEASE. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. PASS THIS FOR FOUR AFFIRMATIVE VOTES. OK. ITEM NUMBER THREE, PLEASE. ITEM NUMBER THREE. THE ONE NOTE THAT I HAD FOR THIS WAS FOR THE OUTDOOR ACTIVATION TO GO TO ECONOMIC DEVELOPMENT. WE FOUND THAT THAT'S NOT GOING TO HAPPEN. [03:10:01] SO THE RECOMMENDATION IS THAT IT COMES BACK TO THE CITY COUNCIL AND THE OTHER ITEM IN NUMBER THREE WAS THE PARKING IN LIEU FEE. WE RECOMMEND THE CHANGE TO THE PARKING LIEU FEE, BUT WITH THE NOTES FROM MR. NORBY, IS THAT SUFFICIENT? FOR STAFF. AFTER YOU FEEL COMFORTABLE WITH THAT FROM COUNCIL MEMBER NORBY. I'M LOOKING AT ERIC AND DON TO SEE IF THEY'RE OK WITH IT, IF I IF THEY ARE, I AM. WE CAN CERTAINLY INVESTIGATE ALL OF THOSE THINGS THAT WOULD BE HELPFUL IF IT WAS JUST BEING STATED IN THE MOTION. OK. MR. NORBY, DO YOU WANT TO STATE IT AGAIN FOR THE MOTION? YEAH, I WOULD LIKE TO LOOK AT UPDATING THE PARKING, THE LIEU FEED PROGRAM AND IN TERMS OF COST ALSO INCLUDING WHICH PROBABLY WOULD HAPPEN ANYWAYS ABOVE GROUND AND BELOW GROUND PARKING COSTS, AND THEN ALSO TAKING A LOOK AT IF WE CAN CREATE SOME CARROTS FOR OTHER GOALS THAT ARE IN THE BARRIO VILLAGE MASTERPLAN, BUT SPECIFICALLY FOR HELPING OUT EXIST OR IF WE CAN CREATE A CARROT FOR EXISTING BUILDINGS IN TERMS OF THEIR PARKING IN LIEU FEE. EITHER, YOU KNOW, I'M NOT GOING TO I DON'T KNOW WHAT IT IS. IT MAY BE JUST NOT HAVING IT FOR THOSE AREAS. IF YOU KEEP THE OLD BUILDING AND THEN ALSO FOR OUR ADAPTIVE REUSE OF BUILDINGS. OK, SO TO KEEP THE MOTION SIMPLE, IT'S GOING TO BE RECOMMEND THE PARKING LIEU FEE RECOMMENDATIONS TO COME BACK TO US WITH A LOT OF CREATIVE IDEAS. I'M FINE WITH THAT. OK. SO ITEM NUMBER THREE, WE'LL VOTE FOR THAT. THAT'S MY MOTION. SECOND. YEAH, GO AHEAD. I JUST DIDN'T HEAR COUNCIL MEMBER BHAT-PATEL, GO AHEAD. OK, SO WHO DO I HAVE AS A SECOND? COUNCIL MEMBER BHAT-PATEL, THANK YOU. FOR THE VOTE. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. PASSES, ITEM NUMBER FOUR. THE ONLY ONE THAT I HAVE THAT WAS OTHER THAN WHAT'S RECOMMENDED WAS THE TYLER STREET ONE WAY. I CAN'T SUPPORT THAT IN THE MOTION, SO I MIGHT ASK MR. NORBY TO MAKE THE MOTION IF THAT'S WHAT YOU'D LIKE TO HAVE IN THERE. OTHERWISE I.. YEAH I WOULD MAKE A MOTION THAT WE INCLUDE THE TYLER STREET ONE WAY CONVERSION. I'LL SECOND. OK. MR. NORBY, DID YOU MAKE THE MOTION? IDEA. OK, I DIDN'T HEAR YOU, I'M SORRY. SO WE HAVE THE A MOTION AND MS. ACOSTA YOU SECONDED THAT? YES. OK. VOTE, PLEASE. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, NO. BASED ONLY ON THE ONE WAY FOR TYLER STREET THAT PASSES THREE TO ONE. ITEM NUMBER FIVE. OR I'M SORRY, ITEM NUMBER EIGHT, THE ONLY COMMENTS ON THAT WAS THE FEASIBILITY STUDY TWO B RATHER THAN TWO A. I AGREE WITH THAT COMPLETELY. SO THE MOTION WILL BE STAFF RECOMMENDATIONS. BUT TO ON EIGHT. HMM. I'M SORRY, CAN YOU REPEAT THAT, PLEASE? JUST LOST YOU, DID YOU LOSE ME ON THAT OR JUST THE AUDIO, IF YOU COULD REPEAT IT, OK? I'M SO SORRY. ON ITEM NUMBER EIGHT SUPPORT STAFF RECOMMENDATIONS WITH ONE CHANGE THAT WE FEASIBILITY STUDY WILL BE TWO B NOT TWO A. TWO B. SECOND. OK. DR. BHAT-PATEL SECOND. CALL FOR THE VOTE, PLEASE. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN. ITEM PASSES UNANIMOUSLY, STAFF, DO YOU NEED ANYTHING MORE FROM US? JUST A QUICK CLARIFICATION ON THAT VOTE THAT WAS FOR 2B AND FOUR FOUR, CORRECT? WE DIDN'T A MOTION FOR FOUR, BUT WE WE SHOULD GO. GO AHEAD. I SAID STAFF RECOMMENDATIONS, SO. OH, DID YOU OK? YES. SO IT INCLUDED THAT. SO YES. AND THEN I GUESS THE ONE LAST THING WAS THE SIGNAGE MR. NORBY. DID YOU WANT TO PUT THAT OFF FOR RIGHT NOW AND TALK WITH STAFF AND SEE HOW THEY'RE WITH CITY MANAGER AND SEE HOW YOU MIGHT WANT TO PRESENT THAT? YEAH. ABSOLUTELY, IF IT'S NOT INCLUDED IN HERE, I JUST DON'T KNOW WHAT THE OPPORTUNITY WOULD BE IF IT'S A CASE BY CASE BASIS THAT WE CAN DO A GRANDFATHER TYPE THING OR IF IT IS SOMETHING THAT NEEDS TO BE ADDRESSED IN A UPDATE. AND I KNOW THAT THE UPDATES DON'T HAPPEN VERY OFTEN, AND I WOULD HATE FOR THIS TO GO [03:15:05] ON FOR A YEAR OR TWO BEFORE WE DO IT. SO SINCE WE'RE DOING IT, BUT I GUESS FURTHER DISCUSSION IS PROBABLY THE RIGHT WAY TO GO AS OPPOSED TO INCLUDING IT INTO THIS ISSUE. IF I MAY MY MAYOR AND COMMISSIONER NORBY WE CAN AS WE'RE LOOKING AT UPDATES TO THE VILLAGE OF BARRIO AND MASTER PLAN, LOOK AT THIS ISSUE. WE WOULD BE ABLE TO INCLUDE A COMPREHENSIVE SIGNAGE UPDATE, BUT WE ARE AWARE OF THE ISSUE AND HAVE BEEN TALKING WITH THIS APPLICANT. THAT'S GOOD ENOUGH FOR ME. I'M SORRY, EVERYBODY CUT OUT FOR JUST A MOMENT. WAS THAT SATISFACTORY, MR. NORBY? THAT IS MORE THAN SATISFACTORY. OK, THANK YOU. STAFF SO YOU HAVE EVERYTHING YOU NEED FOR THIS AGENDA ITEM? YES, WE DO. OK, THANK YOU, MAYOR BACK FOR ITEM NUMBER 14. THANK YOU ALL. MAYBE HE FOUND SOMETHING BETTER TO DO. AND I TAKE IT, WE'RE ONTO ITEM 14. [14. SOUTH SHORE AGUA HEDIONDA LAGOON TRAIL UPDATE AND DIRECTION ON PURSUING THE PROJECT’S DESIGN, PUBLIC ENGAGEMENT AND DEVELOPMENT] YES, SIR. OKAY. SOUTH SHORE AQUA HEDIONDA LAGOON TRAIL UPDATE AND DIRECTION ON PURSUING THE PROJECT DESIGN, PUBLIC ENGAGEMENT AND DEVELOPMENT. MR. CHADWICK, INTRODUCTIONS. YES. SO MAKING PRESENTATION TODAY AS OUR PARK AND REC DIRECTOR, MR. KYLE LANCASTER, ALONG WITH OUR PARK PLANNING MANAGER KASIA [INAUDIBLE], FOUND SOMETHING BETTER TO DO. GOOD EVENING, MAYOR, AND GOOD EVENING AGAIN, COUNCIL MEMBERS. YES, I DO HAVE OUR PARKS PLANNING MANAGER KASIA TROJANOWSKA WITH ME FOR QUESTIONS AT THE END OF THE PRESENTATION. I WILL HANDLE THE BULK OF THE SLIDES AND I'LL SHARE MY SCREEN NOW. GIVING YOU THE OVERALL OUTLINE OF THE PRESENTATION TONIGHT, THESE BULLETS DO FOLLOW YOUR SUBSECTIONS AND THE STAFF REPORT, SO I WILL NOT REPEAT THEM NOW, BUT AGAIN IT FOLLOW VERY CLOSELY THOSE PARTICULAR DETAILS. OUR RECOMMENDED ACTION TONIGHT WILL BE RECEIVE A PROJECT UPDATE AND PROVIDE DIRECTION TO STAFF AS TO WHETHER OR NOT THE CITY SHOULD PURSUE THE DESIGN, PUBLIC ENGAGEMENT AND DEVELOPMENT OF THE SOUTH SHORE AGUA HEDIONDA LAGOON TRAIL PROJECT WITHIN ONLY THE HUB PARK LEASED PROPERTY. BY WAY OF BACKGROUND, 1975, THE CITY LEASED THIS 96 ACRE PIECE OF PROPERTY REFERRED TO AS HUB PARK FROM SDGE, AND THE INITIAL PERIOD OF LEASE WAS FOR 60 YEARS, WITH ADDITIONAL EXTENSIONS TAKING IT TO 2074, POTENTIALLY SO THE INITIAL TERM IS ACTUALLY DUE IN 2035 THAT IS YOUR 60 YEAR PERIOD. IF WE FAST FORWARD TO 2019, THE COUNCIL ADOPTED THE TRAILS MASTER PLAN IN AUGUST OF THAT YEAR, VERY NEXT MONTH BASED ON [INAUDIBLE] MOTION THAT WAS MADE DURING BUDGET ADOPTION. WE BROUGHT BACK A CIP PROJECT CAPITAL IMPROVEMENT PROGRAM PROJECT FOR THIS TRAIL TO BE ADDED. COUNCIL APPROVED THAT. AND THAT WAS BASED ON THE ORIGINAL DESIGN IN THE TRAIL'S MASTERPLAN, WHICH WAS A TWO POINT FOUR MILE PASSIVE RECREATION TRAIL LOOPED AROUND THE STRAWBERRY FIELDS AND ADJACENT OPEN SPACE. CONNECTION WAS AVAILABLE TO BOTH THE WEST SIDE OF THE HUB PARK PROPERTY AND THE EAST SIDE. THE TRAIL ACTUALLY EXTENDED BEYOND THE HUB PARK PROPERTY AND ALSO PROVIDED CONNECTION TO THE SOUTH SIDE OF THE PROPERTY VIA CANNON ROAD UNDERPASSES. AND THIS IS THE EXHIBIT FROM THE TRAILS MASTER PLAN, AND IF YOU CAN SEE WHERE MY CURSOR IS HERE, TRAIL SEGMENT 7C AGAIN SHOWING HUB PARK IN THIS HATCHED GREEN [03:20:06] AREA AND THE LOOP TRAIL CONFIGURATION AND BLUE, AS I MENTIONED EARLIER, EXTENDING WELL BEYOND THE HUB PARK PROPERTY. THE GOAL BEING TO ULTIMATELY TAKE IT TO THE FREEWAY AND THEN CONTINUE UNDER THE FREEWAY WITH ADDITIONAL TRAIL SEGMENTS THAT WOULD TAKE IT TO THE COASTLINE AND THEN BACK TOWARDS THE EAST AND SOUTH. LIKEWISE, CONTINUING OUT OF THE HUB PARK PROPERTY ALL THE WAY TO CANNON ROAD AND AS I REFERENCED EARLIER, THROUGH UNDERPASSES PROVIDING CONNECTIVITY TO TRAILS ON THE SOUTH SIDE OF CANNON ROAD. THIS IS AN AERIAL IMAGE SHOWING THE CONSTRAINTS OF THE PROPERTY AND THE ORIGINAL TRAIL ALIGNMENT IN THE TRAILS MASTER PLAN. SO IN THIS CASE, THE HUB PARK PROPERTY IS OUTLINED IN THIS YELLOW DOTTED CONFIGURATION. AND WITHIN THAT HUB PARK PROPERTY, YOU CAN SEE THE PRESERVE AREA AND THAT IS THE GREEN HATCHED. SO THAT'S SENSITIVE HABITAT. AND THEN THE ORANGE HATCHING HERE IS THE SDGE AND A UTILITY CORRIDOR. SO AGAIN, CONSIDERABLE CONSTRAINTS ON THE PROPERTY. THE ORIGINAL DESIGN, IF YOU'LL NOTE, LARGELY AVOIDED DISTURBANCE TO THE HABITAT AREAS AND INSTEAD. TRANSITION ALONG THE EDGE OF THAT HABITAT, AGAIN, PROCEEDING BEYOND THE HUB PARK PROPERTY BOTH TO THE WEST AND THE EAST AND SOUTH. THAT BRINGS US TO JUNE 15, 2021, FIVE MONTHS AGO WHEN WE PROVIDED THE COUNCIL WITH AN UPDATE ON THE INITIAL DESIGN. AT THAT TIME, WE ADVISED THE COUNCIL THAT THE SCOPE OF THE PROJECT HAD TO BE REDUCED CONSIDERABLY TO STAY WITHIN THE HUB PARK PROPERTY ONLY PER SDGE REQUIREMENTS. ADDITIONALLY, ANY ENCROACHMENTS INTO THAT SDGE AND A TRANSMISSION CORRIDOR THAT I SHOWED A MOMENT AGO HAD TO BE MINIMIZED. AND THEN ANOTHER SDGE REQUIREMENT WAS THAT THE ACCESS ROADS HAD TO BE MINIMIZED IN TERMS OF DOUBLING AS A TRAIL. THAT WAS SOMETHING THAT AGAIN WAS NOT FACTORED INTO THE ORIGINAL DESIGN BECAUSE WE HAVE OTHER TRAILS THAT ARE USING UTILITY ACCESS ROADS AND THAT IS NO LONGER ALLOWED PER SDGE STANDARDS AND PUC REGULATIONS. OH, CONTINUING ON WITH WHAT OCCURRED AGAIN AT THAT JUNE 15TH MEETING, WE ADVISED THAT THE TRAIL HAD BEEN SHORTENED AS A RESULT OF THE SDGE REQUIREMENTS FROM TWO POINT FOUR MILES TO ONE POINT FOUR MILES. AND THE TRAIL DID HAVE TO ENCROACH UPON SENSITIVE HABITAT IN A FEW AREAS AS A RESULT OF THE RECONFIGURATION. THE PEDESTRIAN ACCESS WOULD BE LIMITED TO ONLY ONE LOCATION AT CANNON ROAD, AND THAT'S WHERE THERE WAS AN EXISTING ACCESS ROAD AND PIPE GATE. THE TRAILHEAD WAS NOT ALLOWED TO HAVE ANY PARKING PER SDGE REQUIREMENTS, SO THE NEAREST AVAILABLE PARKING THAT WE IDENTIFIED WAS VETERANS MEMORIAL PARK SITE, EITHER ON THE STREET OR IN THE FUTURE. PARKING LOTS, WHICH WOULD BE ABOUT A HALF A MILE ADDITIONAL WALK. AND THIS EXHIBIT SHOWS YOU THE REVISED TRAIL ALIGNMENT. FIRST OF ALL, AGAIN, THE HUB PARK BOUNDARY IN THE DOTTED YELLOW LINE THAT YOU SAW PREVIOUSLY. AND NOW THE REVISED ALIGNMENT IN THE RED CONFIGURATION INSTEAD OF THE ORIGINAL BLUE FROM THE TRAILS MASTER PLAN. AND ONCE AGAIN, THIS IS WHAT WE CALL A THERE AND BACK TRAIL. IT'S GOING TO TAKE YOU FROM THAT CANNON PARK SINGLE, SORRY CANNON ROAD SINGLE ENTRY POINT THAT I REFERENCED ALL THE WAY TO THE WEST AND ULTIMATELY BE A VISTA POINT TO THE WEST, BUT TRANSITION NO FURTHER. INSTEAD, COME BACK TO THAT CANNON ROAD ENTRY POINT. IN THIS AERIAL SHOWS YOU A OVERLAY OF THE TWO ALIGNMENTS. AGAIN, BLUE MAINTAINING THE ORIGINAL DESIGN AND TRAILS MASTER PLAN AND RED BEING THE REALIGNED CONFIGURATION AND THE DOTTED YELLOW BEING YOUR HUB PARK BOUNDARY. THESE ARE POTENTIAL VIEWPOINTS ON THE REALIGNED SEGMENT, SO THE RED VERSION, IF YOU WILL. AND THIS IN PARTICULAR IS FROM THE VIEWPOINT NUMBER ONE, WHICH WOULD BE TO THE FAR WEST END OF THE PROPERTY. AND THIS IS A COUPLE OF SHOTS OF THE VIEWPOINT FROM NUMBER SIX, WHICH IS TOWARDS [03:25:02] THE EAST SIDE OF THE PROPERTY CLOSER TO CANNON ROAD. SO AT THE CONCLUSION OF THAT JUNE 15TH STAFF REPORT, COUNCIL DID DIRECT STAFF TO FURTHER PURSUE PHASES OF THE TRAIL. HOWEVER, COUNCIL ALSO DIRECTED STAFF TO RETURN WITH A PROJECT UPDATE IN THE FALL. AND SPECIFICALLY, WE WOULD PROVIDE MORE INFORMATION ON PARKING, CONSTRUCTION MITIGATION REQUIREMENTS, HABITAT AREA RESTORATION AND MANAGEMENT COSTS. AND SO THAT'S WHAT WE HAVE FOR YOU TONIGHT, STARTING WITH THE PARKING AND ACCESS TO THE TRAIL. WE DID CONSULT WITH THE AGUA HEDIONDA LAGOON FOUNDATION, AND THEY DECLINED TO ALLOW THE CITY TO USE THE DISCOVERY CENTER PARKING LOT AS A TRAILHEAD. LIKEWISE, SDGE HAS DECLINED TO ALLOW THE CITY TO USE THE ADJACENT STRAWBERRY FIELDS PARKING LOT AS A TRAILHEAD AND ALSO DECLINED TO ALLOW PEDESTRIAN ACCESS FROM THAT EXISTING PARKING TO THE TRAIL. REGARDING CONSTRUCTION REQUIREMENTS, THE TOTAL ESTIMATED CONSTRUCTION COSTS BASED ON THIS REALIGNMENT REPRESENTS A GREATER THAN SIX FOLD INCREASE FROM THE TOTAL ESTIMATED PROJECT COSTS. AGAIN ORIGINALLY ESTIMATED IN THE TRAIL'S MASTER PLAN. THE DESIGN WAS REVISED TO AVOID THE EXISTING UTILITY ROADS, PER SDGE REQUIREMENTS, AND THAT IS THE BULK OF THE REASON FOR THE HIGHER CONSTRUCTION COSTS AND HAVE A HABITAT MITIGATION COSTS. SO THE CURRENT ESTIMATES ON CONSTRUCTION COSTS ARE ABOUT TWO POINT EIGHT MILLION ALL IN. THERE'S A BREAKDOWN HERE PROVIDING THE ACTUAL CONSTRUCTION WORK AND THEN CONSTRUCTION MANAGEMENT INSPECTION OVERHEAD FOR THE CONTRACTOR AND A CONSTRUCTION CONTINGENCY. AGAIN, BOTTOM LINE ABOUT TWO POINT EIGHT MILLION TOTAL CONSTRUCTION COSTS. REGARDS TO THE HABITAT MITIGATION PROGRAM REQUIRED FOR THE IMPACTS TO THOSE SENSITIVE HABITAT AREAS. AGAIN, AS WE SAW EARLIER, PART OF THE PROPERTY IS ALREADY DESIGNATED AS PROPOSED HARD LINE PRESERVE. TYPICALLY, PRESERVES ARE TO BE SPARED FROM DEVELOPMENT IN PERPETUITY. HAVING SAID THAT, TRAILS CAN BE ALLOWED WITHIN PRESERVE AREAS, BUT THERE IS GENERALLY A MITIGATION REQUIREMENT FOR THAT. SO IN THIS CASE, THE CITY WOULD BE REQUIRED TO MANAGE THE LAND TO HABITAT MANAGEMENT PLAN STANDARDS AND WITH THE PROPOSED REALIGNED TRAIL. THERE WOULD BE A IMPACT OF APPROXIMATELY POINT FIVE ACRES OF PRESERVE AREA AND APPROXIMATELY ONE POINT SIX ACRES OF ADJACENT IMPACT TO OPEN SPACE. OUR CONSULTANT HAS ESTIMATED THE HABITAT MITIGATION COSTS AS AGAIN, ALL IN ABOUT $161,000. THAT BREAKS DOWN TO WETLAND MITIGATION OF ABOUT $202,000 AND UPLAND MITIGATION OF ABOUT $469,000. IN TERMS OF THE LONG TERM HABITAT MANAGEMENT, AFTER THE MITIGATION OCCURS, THERE WOULD BE SOME CHANGES BECAUSE CURRENTLY SDGE PROVIDES THE ENVIRONMENTAL MANAGEMENT AND MONITORING OF THE HUB PARK PROPERTY, SDGE HAS EXPRESSED THAT THEY WISH TO CONTINUE IN THAT ROLE OF SOLE MANAGER OF THE HABITAT. HOWEVER, IF THE CITY DOES DEVELOP THE TRAIL, THE RESOURCE AGENCIES WOULD LIKELY REQUIRE THAT THE CITY BECOME THE MANAGER OF THE HABITAT AT A MINIMUM ALONG THE MITIGATION AREAS THAT ARE DIRECTLY ADJACENT TO THE TRAIL. OR THEY COULD REQUIRE THE CITY TO MANAGE THE ENTIRE HUB PARK PROPERTY. THAT IS A DETERMINATION THE RESOURCE AGENCIES HAVE RESERVED FOR A LATER DATE AND FURTHER DESIGN PROCESS. SO AT THIS TIME, WE HAVE CONSTRUCTION MITIGATION COSTS FOR BOTH. SO ONCE THE MITIGATION IS COMPLETE, WE WOULD EITHER EXPERIENCE A $600, I'M SORRY, $6,500 A YEAR MANAGEMENT SERVICE OR POTENTIALLY IF WE WERE TO MANAGE THE ENTIRE HUB PARK PROPERTY UP TO $39,000 ESTIMATED FOR THOSE SERVICES. SO WE'VE GIVEN YOU A RANGE IN THIS CASE, DEPENDING ON WHICH DETERMINATION THE RESOURCE AGENCY MAKES IN THE END RESULT EITHER $6,500 ON THE LOW END OR $39,000 ON THE HIGH END. AS PART OF THIS PROCESS, WE ALSO REACHED OUT TO THE LOCAL TRIBAL COMMUNITIES. [03:30:04] OUR CONSULTANT SENT A NOTIFICATION LETTER OF THE PROJECT TO MAIN LOCAL TRIBES AND OUR STAFF CONDUCTED SITE VISITS WITH REPRESENTATIVES FROM THREE OF THOSE LOCAL TRIBES. OVERALL, THE PROPERTY WAS DEEMED TO BE OF SIGNIFICANT VALUE TO THE TRIBES, AND THERE IS A DESIRE OF THE TRIBES TO PRESERVE THE LANDSCAPE IN ITS CURRENT FORM. SPECIFIC TO PUBLIC ENGAGEMENT FOR THIS PROJECT, STAFF WOULD MOVE FORWARD WITH THAT ENGAGEMENT IF DIRECTED TO PURSUE THE TRAIL FURTHER. AND BASED ON OUR COMMUNICATIONS STAFF'S ESTIMATE, THEY COULD COMMENCE SOLICITATION OF THAT INPUT IN MARCH OF 2022. THAT LEADS US TO THE OPTIONS FOR TONIGHT AND THE FIRST BEING TO CONTINUE THE PURSUIT OF THE TRAIL WITHIN ONLY THE HUB PARK PROPERTY, TAKING ACCOUNT THE CONSTRAINTS AND CONCERNS NOTED. OPTION TWO IS TO CEASE PURSUIT OF THE TRAIL. LIKEWISE, TAKING INTO ACCOUNT THOSE SAME CONSTRAINTS, CONCERNS NOTED THAT COULD POTENTIALLY ALLOW US TO REALLOCATE RESOURCES BOTH FROM A STAFFING AND FUNDING PERSPECTIVE TO OTHER HIGH PRIORITY PROJECTS SUCH AS VETERANS MEMORIAL PARK. THE CARLSBAD ROAD REALIGNMENT, VILLAGE H, OFF LEASH DOG AREA AND TRAIL CONNECTIVITY. AND THE YET TO BE MASTER PLANNED ROBERTSON RANCH COMMUNITY PARK. THE THIRD OPTION WOULD BE TO SUSPEND PURSUIT OF THE TRAIL WITHIN ONLY THE HUB PARK PROPERTY AND REENGAGE THE ENTITIES TO ATTEMPT TO GAIN GREATER FLEXIBILITY. SO IN THIS CASE, WE WOULD NOT CONTINUE WITH ANY FURTHER DESIGN ELEMENTS OR CONSULTANT ACTION THAT WOULD REQUIRE SIGNIFICANT COSTS. WE WOULD ONLY GO BACK TO THOSE SAME ENTITIES, IN PARTICULAR SDGE, AGUA HEDIONDA LAGOON FOUNDATION, THE TRIBAL COMMUNITIES, TO SEE IF AGAIN, WE COULD GAIN GREATER FLEXIBILITY ON THEIR INITIAL DETERMINATIONS. BASED ON THE PHYSICAL ANALYSIS OF THOSE OPTIONS, FOR OPTION ONE, WE'D BE LOOKING AT A ONE TIME ADDITIONAL APPROPRIATION OF APPROXIMATELY $3.2 MILLION NEEDED TO CONTINUE THE PURSUIT OF THE TRAIL AND ADDITIONAL ONGOING APPROPRIATION OF AGAIN $13,000 TO $13,500 TO $46,000. SO THIS IS THAT SAME RANGE I REFERENCED EARLIER WITH THE ADDITION OF $7000 PER YEAR FOR TRAIL MAINTENANCE. SO THAT WOULD INCLUDE THE TRAIL SURFACE, THE TRASH COLLECTION SIGNAGE, ET CETERA. FOR OPTION TWO, THE FUNDS COULD BE REALLOCATED IF YOU DIRECTED US TO CEASE THE PURSUIT OF THIS TRAIL, AND THE CURRENT AVAILABLE BALANCE ON THE PROJECT IS ABOUT $491,000 THAT AGAIN COULD GO TO ONE OR MORE OF THOSE OTHER PRIORITY PROJECTS I REFERENCED. AND LASTLY, OPTION THREE WOULD HAVE NO DIRECT FISCAL IMPACT OTHER THAN THE STAFF TIME USED TO PURSUE GAINING GREATER FLEXIBILITY FROM THOSE ENTITIES. THAT BRINGS US BACK TO THE STAFF RECOMMENDATION, RECEIVE A PROJECT UPDATE AND PROVIDE DIRECTION TO STAFF AS TO WHETHER OR NOT THE CITY SHOULD FURTHER PURSUE THE DESIGN, PUBLIC ENGAGEMENT AND DEVELOPMENT OF THE SOUTH SHORE AGUA HEDIONDA LAGOON TRAIL PROJECT WITHIN ONLY IHUB PARK LEASED PROPERTY. WITH THAT KASIA TROJANOWSKA AND I ARE AVAILABLE TO ANSWER ANY QUESTIONS AND ALLOW THE COUNCIL TO TAKE ON FURTHER DISCUSSION, I WILL STOP SHARING AT THIS TIME. WE HAVE ANY SPEAKERS TONIGHT ON THIS. AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM 14, PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE USING THE MEETING LINK TO LOG IN OR IF YOU'RE JOINING US BY PHONE, PLEASE PRESS *9 NOW TO RAISE YOUR HAND. WE DO HAVE SPEAKERS, MAYOR. THE FIRST SPEAKER IS JOE GABALDON. IF YOU COULD PLEASE UNMUTE. THANK YOU, [INAUDIBLE]. GOOD EVENING, HONORABLE MAYOR AND MEMBERS OF THE COUNCIL. MY NAME IS JOE [INAUDIBLE] WE'RE HAVING A REALLY HARD TIME HEARING THEM. OK, LET ME TRY SOMETHING ELSE. PERHAPS YOU CAN GO TO ANOTHER SPEAKER WHILE I RESET UP MY SPEAKER SYSTEM HERE. SORRY, THE NEXT SPEAKER IS DAN [INAUDIBLE]. PLEASE UNMUTE. I BELIEVE WE GOT HIM BACK. [03:35:02] [INAUDIBLE] WE CAN HEAR YOU. FABIOLA, CAN YOU HEAR ME NOW? YES. CAN YOU HEAR ME? OK, GREAT. I CAN'T HEAR YOU, BUT I WILL GO. GOOD EVENING. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL. MY NAME IS JOE GABALDON AND I'M A REGIONAL PUBLIC AFFAIRS MANAGER FOR SDEG, AND WE THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS ITEM. SDGE APPRECIATES A LONGSTANDING COLLABORATION WITH THE CITY OF CARLSBAD, AND WE WOULD LIKE TO THANK YOUR STAFF FOR THEIR TIME AND EFFORTS ON THIS ITEM. SINCE 2019, VARIOUS SDGE TEAMS, INCLUDING LAND SERVICES, ENVIRONMENTAL SERVICES, TRANSMISSION ENGINEERING AND OTHER OPERATIONAL GROUPS THAT SERVICE CARLSBAD HAVE BEEN ENGAGED WITH THE PROJECT. WE HAVE BEEN WORKING WITH PARKS AND REC TEAM ON ALTERNATIVES TO MEET THE CITY'S GOALS, AS WELL AS OUR OPERATIONAL SAFETY AND REGULATORY CONSTRAINTS. FROM OUR PERSPECTIVE, WE BELIEVE PROGRESS HAS BEEN MADE AND THERE ARE ADDITIONAL OPTIONS TO EVALUATE. WE RECOMMEND CONTINUING THE DIALOG AMONG THE STAKEHOLDERS. THANK YOU FOR YOUR CONSIDERATION AND APOLOGIZE FOR THE TECHNICAL ISSUES. THE NEXT SPEAKER IS DIANE WEIMER. CAN YOU PLEASE UNMUTE? YES, CAN YOU HEAR ME? YES, GO AHEAD. GREAT. THANK YOU VERY MUCH, DIAN WEIMER, FOR CITIZENS FOR NORTH COUNTY. GOOD EVENING, MAYOR HALL AND COUNCIL MEMBERS ONCE AGAIN. THIS MAY BE TWENTY TWENTY ONE, BUT IT FEELS A BIT LIKE DEJA VU ALL OVER AGAIN FOR THE SOUTH SHORE'S AGUA HEDIONDA LAGOON TRAILS WITH A PROPOSAL THAT HAD THIS HAS THE POTENTIAL TO DERAIL HUB PARK. AND YET, BASED ON THE COMMENTS PREVIOUSLY BY SDG&E, I'M HOPEFUL THAT THAT MEANS THAT THERE IS AN OPPORTUNITY TO WHETHER IT IS TO CONTINUE THESE DISCUSSIONS AND MAKE THIS LONG, LONG AWAITED PARK ACTUALLY BEFORE 2019 AND SOMETHING THAT'S BEEN A PART OF OUR CITY'S RELIANCE ON TRAILS AND SYSTEMS FOR MORE THAN 30 YEARS. THAT'S JUST BEEN POSTPONED FOREVER AND EVER TO ACTUALLY BECOME A REALITY. WE DON'T WANT TO FIND OURSELVES IN A POSITION OF DISMANTLING SOMETHING THAT WE'D COUNTED ON TO BE SUCH A HUB OF OUR MOBILITY AND WALKABILITY GOALS FOR THIS COMMUNITY. SO WE'RE PLEASED TO HEAR THAT, AND I HOPE THAT OBSTACLE CAN BE CAN BE ELIMINATED IN A FAIRLY EFFICIENT FASHION AS WE THINK IT CERTAINLY CAN. AND WE APPRECIATE THE FACT THAT SDG&E ENDING HAS BEEN DOING A NUMBER OF BOTH PUBLIC AND PRIVATE PARKS ON UNDER THEIR EASEMENTS THROUGHOUT THE COMMUNITY, WHICH IS, I THINK, PROBABLY BECOME MUCH MORE OBVIOUS TO PEOPLE AS THEY'VE BEEN OUT DOING THIS PANDEMIC AND TRYING TO FIND TIME TO DO THINGS OUTDOORS. THAT LEAVES THE OBSTACLES OF THE AGUA HEDIONDA LAGOON FOUNDATION BEFORE US, AND THAT SEEMS TO BE SOMETHING EASY TO WORK WITH. THEY DON'T WANT TO LET RESIDENTS PARK IN THEIR PARKING LOT AS A TRAILHEAD, BUT SURELY THE CITY CAN FIND A WAY TO ADDRESS THOSE CONCERNS FOR THE FOUNDATION THAT WOULD CONVINCE THEM TO ALLOW SHARED USE OF THEIR PARKING LOT. THERE IS PRECEDENT SET. SHARED USE AGREEMENTS ARE ALREADY PART OF THE PARKING PLAN FOR THE DOWNTOWN AREA AND HELP US ALL INCREASE PUBLIC ACCESS WHILE NOT PAVING MORE A PARADISE TO PUT UP EVEN MORE PARKING LOTS, WHICH NONE OF US REALLY WANT. SO PERHAPS WE COULD DO A COMBINED COMBINATION WITH SDG&E NEAR WHAT IS THE AGRICULTURAL PROPERTY NOW AND THE AGUA LAGOON FOUNDATION? THAT COULD BE SOMETHING THAT COULD, AT DIFFERENT TIMES A DAY, ADDRESS EVERYONE'S CONCERNS. I WAS A BIT CONCERNED WHICH CONCERNED I THINK WE WERE BY THE CONCERNS OF THE INDIGENOUS PEOPLE. THERE'S A MARKED LACK OF DETAIL IN THE REPORT CONCERNING WHICH TYPEKIT TRIBE HAS CONTROLLING INTEREST. THIS IS PUZZLING AS DIFFERENT LANDS ARE ASSOCIATED WITH DIFFERENT TRIBES, AND THE TRIBE CONCERNED, ONCE DETERMINED, WOULD HAVE THE NATIVE AMERICAN MONITORS ON SITE AS THE LAW REQUIRES. AND HISTORICALLY, YOU KNOW, THE TRIBES HAVE BEEN VERY SUPPORTIVE OF THESE TYPES OF PRODUCTS PROJECTS. BUT AGAIN, I THINK ONCE WE REALLY HAVE IDENTIFIED SOME OF THIS INFORMATION AS TO WHO WOULD BE THE RESPONSIBLE PARTY. THAT ISSUE MIGHT ALSO ALLEVIATE ITSELF. FINALLY, COST THE LACK OF, YOU KNOW, OF HAVING THESE TYPES OF PROBLEMS MIGHT GO AWAY SO THAT WE COULD MAYBE MOVE BACK FROM THE SEVEN MILLION TO SOMETHING SOMEWHERE IN BETWEEN THE ONE MILLION AND THE SEVEN MILLION DOLLAR COST. CONCLUDES ALL OF OUR SPEAKERS THERE. OK, QUESTIONS, COMMENTS? CAN I START FIRST ON THIS ONE? YOU KNOW, THIS HAS ALWAYS BEEN THIS PIECE OF PROPERTY IS ALWAYS BEEN EXTREMELY CHALLENGING FOR A WHOLE HOST OF REASONS, AND TIMING SOMETIMES IS EVERYTHING. [03:40:03] AND WE'VE SEEN THIS START OUT AT ALL. WE CAN DO ALL THIS FOR SIX HUNDRED AND FIFTY THOUSAND OR SOME NUMBER LIKE THAT. WE'RE ALREADY SEEING WHERE IT'S ESCALATED TO TODAY. AND SO WHEN THEY WHEN WE TALK ABOUT PERHAPS OTHER AREAS ARE MORE ADVANTAGEOUS OR COULD BE BUILT OUT EASIER. I WOULD JUST SIMPLY GO ALMOST ACROSS THE STREET TO VETERANS PARK AND HOW MANY TRAILS COULD BE BUILT THERE. ALSO, I THINK WE'RE PRETTY MUCH ALIGNED TODAY. AND WE'LL TALK ABOUT IT IN GOAL SETTING. BUT AS THE THREE MILE COASTAL PARK AND A PARK THAT WE OWN AND HAVE PLENTY OF ACCESS TO, THAT COULD BE ACCELERATED, I THINK, IN A MUCH QUICKER TIME FRAME PERHAPS THAN WHAT WE'RE DOING ON THIS ONE. AND IT JUST, YOU KNOW, IT BRINGS BACK, YOU KNOW, AND AND I KNOW THIS IS A TOUGH SUBJECT, BUT WHEN A DEVELOPER WAS GOING TO DO THIS, THEY WERE ALLOTTING $12 MILLION PLUS A FULL TIME TRAIL'S PERSON TO TAKE CARE OF IT. SO WE'RE STARTING TO SEE MORE OF WHAT THE REALITY, I THINK IS OF TRYING TO MAKE THIS HAPPEN. AND I WOULD SUGGEST TIMING IS EVERYTHING, AND THIS IS ONE WE MIGHT WANT TO JUST STEP BACK OF FOR A PERIOD OF TIME AND ACCELERATE THE OTHERS WHERE WE KNOW WE CAN GET MORE TRAILS. I THINK AS MUCH MORE PER MILE REASONABLE COST AND PROBABLY DONE IN A MORE TIMELY FASHION. SO THOSE ARE SOME OF MY QUICK THOUGHTS. PETER, LET ME START WITH YOU AND I'M SORRY, DR. BHAT-PATEL, YOU WAVED YOUR HAND. THANK YOU. OK, SURE, I'M HAPPY TO GO NEXT. SO, YOU KNOW, DEFINITELY THIS IS SOMETHING THAT AGAIN, THE COMMUNITY HAS BEEN VERY MUCH ENGAGED WITH AND SOMETHING THAT I KNOW THAT OUR COMMUNITY HAS BEEN ASKING FOR. LIKE MENTIONED, I KNOW THAT THERE ARE A LOT OF DIFFERENT CONSTRAINTS AND DIFFERENT THINGS THAT WE HAVE TO TAKE INTO CONSIDERATION WITH REGARDS TO THE DIFFERENT OPTIONS BEFORE US AND WITH EVERYTHING THAT WAS LAID OUT, INCLUDING THE CONVERSATION AROUND MAKING SURE THAT WE ARE ENGAGING WITH THE INDIGENOUS GROUPS IN THE AREA, WHICH WE HAVE AND WE'VE CONSULTED WITH THEM. I PERSONALLY FEEL THAT OPTION THREE WHERE WE WOULD BE, AND THAT'S AGAIN THE ONE WHERE WE WOULD JUST CONTINUE TO PURSUE THE LAGOON TRAIL AND MAKE SURE THAT WE'RE TAKING INTO CONSIDERATION THE CONSTRAINTS AND CONCERNS WITH THE REPRESENTATIVES OF THE APPLICABLE ENTITIES. AND THAT, BY THE WAY, ALSO DOES NOT HAVE ANY ADDED FISCAL IMPACT. IT WOULD JUST BE CONTINUING TO UTILIZE OUR STAFF'S TIME ON THAT PARTICULAR REGARD. SO FOR ME, THAT WAS THE MOST PALATABLE BASED ON THE CONVERSATIONS WE'VE BEEN HAVING AND THEN ALSO JUST BASED ON TALKING TO OUR TEAM, OF COURSE, WITH WITH OUR OWN BRIEFING THAT WE HAD. AND THEN, OF COURSE, JUST IN GENERAL WITH ALL OF THE PAST INFORMATION THAT WE'VE RECEIVED WITH REGARDS TO THIS. SO I JUST WANTED TO PUT IN MY TWO CENTS AS TO WHERE I'M AT AND WHAT PARTICULAR OPTION I'D BE COMFORTABLE WITH MOVING FORWARD FOR TODAY. MR. NORBY. COUNCIL MEMBER, THANK YOU, MAYOR. BOY, THAT WAS IT WAS A SOMEWHAT OF A DISAPPOINTING STAFF REPORT, BUT UNDERSTANDABLE, IT'S JUST, IN MY OPINION THAT WE ARE NOT READY FOR PRIME TIME ON THIS OBVIOUSLY, WE'RE NOT IN AGREEMENT WITH SDG&E AND WE'RE NOT IN AGREEMENT WITH THE TRIBAL COMMUNITIES. WE'RE NOT IN AGREEMENT WITH THE AGUA HEDIONDA FOUNDATION AT THIS MOMENT. I DID HEAR FROM MR. GABALDON A WILLINGNESS TO CONTINUE WORKING ON IT AND PERHAPS SOME BREAKTHROUGHS. I DON'T KNOW IF THAT'S ALL TALK OR IF THERE ARE SOME IDEAS. WHAT IS SAID AND WHAT IS ACTUALLY DONE SOMETIMES CAN BE DIFFERENT. BUT HOPEFULLY HIS WORDS WERE OPTIMISTIC. I SHARE THAT COMMENT THAT THE SECOND SPEAKER HAD. BUT I GUESS THE ONLY OTHER THING I WOULD ADD, I ALSO SUPPORT NUMBER THREE. THE ONLY OTHER THING I ADD IS I JUST WANT TO MAKE SURE THAT BICYCLE PARKING, ROBUST BICYCLE PARKING IS LOOKED AT AS PART OF THE PARKING MATRIX BECAUSE ESPECIALLY AS YOU COME DOWN ON FARADAY, WHERE THE LAGOON FOUNDATION IS A GREAT PLACE FOR BIKE PARKING, ALSO MAYBE WHERE THE TRAIL ACCESS IS UP THERE, IF WE CAN GET BIKE PARKING PUT IN THERE, A LOT MORE PEOPLE ON ELECTRIC BIKES AND YOU KNOW, IT'S A LITTLE BIT OF A HARD WALK UP A HILL FOR A HALF MILE FROM VETERANS PARK TO GO TO A TRAILHEAD WHEN THERE'S A BEAUTIFUL TRAIL AS A VETERAN CAR. SO THIS IS AN AREA I THINK WHERE THERE'S A LOT OF BIKE ACTIVITY AND TO BIKE UP THERE ON A BIKE OR AN E-BIKE AND THEN START OUT FOR A WALK, THAT IS [03:45:02] SOMETHING THAT'S FAIRLY ATTRACTIVE AS WELL. SO JUST MAKE SURE THAT THAT'S IN THERE. BUT I ALSO SUPPORT OPTION THREE. COUNCIL MEMBER ACOSTA. THANK YOU. YEAH, I'VE FOR YEARS I'VE BEEN HEARING ABOUT THE COMMUNITY INTEREST IN HAVING TRIALS HERE AND CAPTURING THOSE VIEWS, AND I'M GLAD THAT WE GOT TO SEE SOME OF THE THE PICTURES OF WHAT THOSE VIEWS ARE ACROSS THE LAGOON. AND IT'S JUST FRUSTRATING THAT THAT THERE ARE SOME OBSTACLES IN OUR WAY RIGHT NOW. I THINK I THINK THAT THE MAYOR'S COMMENT ABOUT TIMING, YOU KNOW, THE TIMING IS DEFINITELY A FACTOR HERE. AND I THINK RIGHT NOW MIGHT BE THE TIME TO TAKE, TAKE A PAUSE AND GO BACK TO THE STAKEHOLDERS. GO BACK TO THE SDG&E AND FIGURE OUT THE AGUA LAGOON FOUNDATION AND FIGURE OUT WHAT IT IS THAT THAT IS REALLY OF CONCERN TO THEM AND SEE WHAT WE CAN DO TO FIND FLEXIBILITY THERE. SO I THINK OPTION THREE IS THAT TAKE A PAUSE SUSPEND FOR NOW, BUT CONTINUE TALKING AND SEEING MOVING FORWARD. SEEING WHAT OPTIONS THERE MAY BE BECAUSE THAT THAT PRICE TAG WAS GETTING REALLY HIGH AND AND I THINK THERE'S SOME, SOME OTHER DIFFICULTIES THAT WE WOULD HAVE TO NAVIGATE AS WELL. SO. OPTION THREE IS THE ONE THAT I SUPPORT AS WELL NOT GIVING UP. LET'S CONTINUE TO FIGURE OUT A WAY TO MAKE IT HAPPEN. HAVE THAT CAN DO ATTITUDE AND AND SEE WHAT WE CAN DO WITHOUT SPENDING MONEY RIGHT NOW. MR. BLACKBURN. BEFORE I EVEN SAW THE OPTIONS, I MADE A NOTE ON MY NOTEBOOK THAT SAID, MAYBE WE SHOULD PUT THIS OFF FOR A FEW YEARS. MAYBE THERE'LL BE A CHANGE IN DECISION MAKERS AND IF WE WAIT A LITTLE WHILE, MAYBE THEN WE CAN BUILD THIS CORRECTLY. INSTEAD OF ALL THESE SHORTCUTS AND OVER EXPENSES BY VOTING NUMBER TWO AND SAYING, LET'S SPEND OUR RESOURCES ELSEWHERE, THINGS THAT WE CAN GET DONE AND THINGS THAT ARE ALREADY STARTED. DOESN'T MEAN WE CAN'T COME BACK TO THIS LATER. SO I'M GOING TO SUPPORT OPTION NUMBER TWO, BUT THAT DOESN'T MEAN I'M GIVING UP. IT JUST MEANS JUST WANT TO PUT IT ON HOLD, WORK ON THINGS WE CAN GET DONE AND THEN COME BACK IN A FEW YEARS AND SEE HOW WE COULD. OK. SOMEBODY WANT TO MAKE A MOTION. I'D BE HAPPY TO MAKE A MOTION FOR OPTION NUMBER THREE. SECOND. CALL FOR THE QUESTION. I'M SO SORRY. BLACKBURN, I WAS I MY MY SCREEN FROZE. I JUST CAME BACK. AND WHAT ARE WE VOTING ON? I'M SO SORRY. OPTION THREE. OK, THANK YOU. EVERYBODY WENT SILENT FOR A MOMENT. OK. THE CITY CLERK, COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. PRO TEM BLACKBURN, NO. MAYOR HALL, NO. SO IT PASSES THREE-TWO. GOING TO FINAL COMMENTS, COMMISSIONER NORBY, WHY DON'T YOU GO FIRST. [COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS] HAPPY THANKSGIVING, EVERYBODY, AND I HOPE THAT YOU'RE WITH LOVED ONES AND YOU HAVE A GREAT THANKSGIVING, AND THAT CONCLUDES MY COMMENTS. DR. BHAT-PATEL. SURE, THANK YOU. BEFORE I GET INTO SOME OF THE WELL-WISHES FOR THE HOLIDAYS, I JUST WANTED TO CORRECT THE RECORD. I KNOW THAT THERE WERE SOME COMMENTS MADE IN THE BEGINNING OF THE MEETING AND I JUST WANTED TO ASK THE CITY MANAGER IF OUR INTERGOVERNMENTAL AFFAIRS DIRECTOR IS AVAILABLE TO RECTIFY A COMMENT MADE REGARDING THE CITY SCHOOLS COMMITTEE MEETING. YES, AND MR. HABER IS AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE. SURE, THANK YOU. SO I'D BE HAPPY TO, YOU KNOW, JUST CLARIFY WHAT WAS DISCUSSED DURING THAT MEETING. I KNOW THERE WERE COMMENTS MADE REGARDING THAT. THERE WAS A DISCUSSION AROUND CRITICAL RACE THEORY. SO CAN YOU PLEASE CLARIFY WHETHER OR NOT THAT WAS DISCUSSED? SURE, THANK YOU, COUNCIL MEMBER BHAT-PATEL, AND GOOD EVENING, CITY COUNCIL MEMBERS. SO WE'RE TALKING ABOUT THE CARLSBAD CITY SCHOOLS COMMITTEE MEETING THAT WAS HELD ON OCTOBER 26, AND NO CRITICAL RACE THEORY WAS NOT ON THE AGENDA FOR THAT MEETING. THERE WAS AN ITEM TO RECEIVE A REPORT AND DISCUSS INITIATIVES RELATED TO DIVERSITY, EQUITY AND INCLUSION. AND SO THE CITY MANAGER AND THE DISTRICT SUPERINTENDENTS DID PROVIDE UPDATES ON VARIOUS BOARD AND COMMITTEE ACTIONS, POLICY AND STAFFING CHANGES AND TRAINING PROGRAMS THAT ARE BEING IMPLEMENTED PRIMARILY TO ENSURE THAT STUDENTS, TEACHERS, STAFF AND FAMILIES FEEL SAFE AND WELCOME IN CITY AND SCHOOL FACILITIES AND PROGRAMS. SCHOOL CURRICULA AND SPECIFICALLY CRITICAL RACE THEORY WERE NOT ADDRESSED, [03:50:01] AND WERE NOT A PART OF THAT DISCUSSION OR THE AGENDA ITEM, EXCEPT TO THE DEGREE THAT IT WAS RAISED BY PUBLIC SPEAKERS WHO CALLED IN TO SPEAK ON THE ITEM. SO GREAT, THANK YOU. SO TO CONFIRM WE DID NOT HAVE ANY COMMITTEE MEMBERS THAT BROUGHT THAT UP AS AN ITEM TO DISCUSS. THAT IS CORRECT COUNCIL MEMBER. GREAT. THANK YOU. I JUST WANTED TO CLARIFY THAT FOR THE PUBLIC RECORD, SINCE THAT WAS MISGUIDED IN THE BEGINNING. AND THEN IN TERMS OF THE DIFFERENT HOLIDAYS, I JUST WANTED TO GO AHEAD AND SAY, HAPPY THANKSGIVING FOR THOSE THAT CELEBRATE AND I KNOW HANUKKAH WILL BE STARTING WHILE WE'LL BE ON BREAK AS WELL. SO TO THOSE THAT CELEBRATE. I HOPE YOU ENJOY AS WELL. THANK YOU. COUNCIL MEMBER ACOSTA. THANK YOU, I'LL BE VERY BRIEF AS WELL. HAPPY HOLIDAYS, I'M THANKFUL TO BE HERE WITH YOU. IT'S BEEN A YEAR PLUS SINCE I WAS ELECTED AND I'M VERY, VERY PLEASED TO BE SERVING THE COMMUNITY OF CARLSBAD AND CELEBRATING THE HOLIDAYS WITH YOU ALL, THANKS. MR. BLACKBURN. NOTHING, THANK YOU. YES, THEN AS FAR AS THE COUNCIL HAVING MORE TWO MEMBERS AT ANY LOCATION OVER THE NEXT FEW WEEKS, THAT WON'T BE OCCURRING, AT LEAST NOT TO OUR KNOWLEDGE. AND I DON'T HAVE ANY COMMENTS TONIGHT EXCEPT FOR THOSE WHO ARE TRAVELING. PLEASE BE SAFE IN THE UPCOMING HOLIDAYS. MR. CHADWICK. YES, SIR, JUST EVER SO BRIEFLY, EARLIER TODAY, SEVERAL MEMBERS OF [CITY MANAGER COMMENTS] THE CITY'S LEADERSHIP TEAM WERE PLEASED TO ATTEND A VIRTUAL CEREMONY FOR 14 OF OUR EMPLOYEES GRADUATING FROM SUPERVISOR'S ACADEMY, WHICH IS AN INTENSIVE 10 SESSION TRAINING IN AREAS OF TEAM DEVELOPMENT, PERFORMANCE MANAGEMENT, CONFLICT RESOLUTION, COMMUNICATION, DIVERSITY, EQUITY AND INCLUSION. IT'S A GREAT EXAMPLE OF THE PASSION OUR CITY EMPLOYEES BRING TO THEIR PUBLIC SERVICE. ALWAYS STRIVING TO IMPROVE AND GROW, WHICH TRANSLATES INTO AN EVEN BETTER LEVEL OF SERVICE FOR OUR COMMUNITY. SO AGAIN, I JUST WANT TO THANK THEM FOR CONTINUING THEIR EDUCATION AND CONTINUING TO DEVELOP AND BE OUTSTANDING PERFORMERS FOR OUR ORGANIZATION. BUT THAT SAID, AS IF THAT WASN'T ENOUGH. TOMORROW MORNING, I HAVE THE HONOR OF ADDRESSING THE LATEST CLASS OF GRADUATES FROM LEAD ADVANCE, WHICH IS A PROGRAM SPECIFICALLY GEARED TOWARD DEVELOPING OUR NEXT GENERATION OF WOMEN IN LEADERSHIP. YOU MAY RECALL THE CITY OF CARLSBAD IS ONE OF THE SPONSORS OF THIS PROGRAM, WHICH NOT ONLY PROVIDES 12 HALF DAY INTENSIVE SESSIONS ON TOPICS RELATED TO LEADERSHIP, BUT AN ONGOING NETWORK OF MENTORING AND SUPPORT. AND WE DO HAVE TWO OF OUR EMPLOYEES THAT ARE GRADUATING FROM THIS PROGRAM TOMORROW. BRIDGET DRURY, WHO'S IN OUR FINANCE DEPARTMENT, AND TERESA HODGES FROM PUBLIC WORKS. AND AGAIN, I JUST WANT TO RECOGNIZE THEIR OUTSTANDING COMMITMENT TO CONTINUE TO DEVELOP THEMSELVES. AND AGAIN, THIS IS REALLY GOING TO PROVIDE A SIGNIFICANT BENEFIT TO OUR RESIDENTS AND OUR WORKFORCE. THAT SAID, I JUST WANT TO ALSO EXTEND OUR GRATITUDE TO ALL OF OUR VETERANS WHO SERVED VETERANS DAY LAST WEEK. BUT THEN FINALLY, I HOPE EVERYONE HAS A SAFE AND WONDERFUL THANKSGIVING. THAT'S IT. MS. BREWER. I JUST. SAME THING. HAPPY TURKEY DAY, EVERYBODY AND OUR CITY CLERK. NOTHING AT THIS TIME. THANK YOU. OK, WELL, I JUST WANT TO ECHO WHAT YOU HAD TO SAY, MR. CHADWICK TO ALL THOSE WHO GAVE THE EXTRA. EXTRA MOUNTAIN, TRYING TO BETTER LEARN THEIR POSITIONS AND ROLES, THAT'S VERY WELL DONE, VERY WELL APPRECIATED. SO WITH THAT, WE STAND ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.