DECEMBER 14TH AT THREE P.M., AND I'D LIKE TO CALL THIS MEETING TO ORDER AND COULD [CALL TO ORDER] [00:00:07] THE CLERK, PLEASE TAKE ROLL? BHAT-PATEL HERE. MAYOR PRO TEM BLACKBURN PRESENT MAYOR HALL HERE. LET THE RECORD SHOW THAT ALL FIVE COUNCIL MEMBERS ARE PRESENT. AND BEFORE I GO INTO THE MEETING, I'M GOING TO READ SOMETHING NEW TONIGHT, EVEN THOUGH IT'S BEEN PART OF OUR AGENDA FOR SOME TIME. BUT IN THE EVENT A QUORUM OF THE CITY COUNCIL LOSES ELECTRIC POWER OR SUFFERS AN INTERNET CONNECTION OUTAGE THAT IS NOT CORRECTED WITHIN 15 MINUTES. THE MEETING WILL AUTOMATICALLY BE ADJOURNED AND ITEMS NOTICE AS PUBLIC HEARINGS WILL BE CONTINUED TO THE NEXT REGULAR SCHEDULED MEETING OF THE CITY COUNCIL. ANY OTHER AGENDA ITEMS THE COUNCIL HAS NOT TAKEN ACTION ON WILL BE PLACED ON FUTURE AGENDA ITEMS. AND FOR THOSE OF YOU WHO ARE WONDERING WHY I HAVE JUST READ THAT I MYSELF HAVE BEEN BOUNCED OUT OF MORE THAN ONE MORE THAN ONCE DURING THE DAY AS WE'VE BEEN THROUGH OUR ZOOM MEETING, SO HOPEFULLY WE WILL NOT HAVE THAT OCCUR HERE THIS EVENING. WITH THAT CLOSED SESSION, MS. BREWER, ANY ITEMS TO REPORT OUT ON, THANK YOU. WE HAVE NO REPORTABLE ACTION FROM CLOSED SESSION. OK, MINUTES OF THE REGULAR MEETING HELD OCTOBER 19TH. ANY CORRECTIONS? I THINK WE SKIPPED OVER THE PLEDGE OF ALLEGIANCE. I AM SO SORRY I'M IN SUCH A HURRY. YES, MR. BLACKBURN. PLEASE LEAD US IN THE PLEDGE, HONEY. WE'RE ALL RUSHING TO GET THIS DONE BEFORE WE RUN OUT OF POWER. BUT THANK YOU. PLEASE JOIN ME IN THE PLEDGE TO OUR FLAG. AMERICA AND TO THE REPUBLIC FOR WHICH IT IS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. MR. CHADWICK MINUTES OF THE REGULAR MEETING HELD OCTOBER 19. [APPROVAL OF MINUTES] WE HAVE APPROVAL OF THE MINUTES. SECOND. CLERK PLEASE CALL ROLL COUNCIL MEMBER.AYE, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN AYE. MAYOR HALL AYE. THE MINUTES PASSED UNANIMOUSLY. MOVING ON TO PRESENTATIONS AND I WILL GIVE THE FIRST PRESENTATION TONIGHT TO THE [PRESENTATIONS] RETIREMENT OF MR. DOBBS. AND I WOULD JUST LIKE TO START OFF BY SAYING, CLAYTON, THIS HAS BEEN A WONDERFUL THIRTY ONE YEARS. WE HAVE HAD A LOT OF GREAT TIMES TOGETHER AND I'M SO APPRECIATIVE TO BE ABLE TO READ THIS PROCLAMATION THAT'S A LITTLE DIFFERENT THAN OTHERS THAT I'VE READ BEFORE. CLAYTON DOBBS, PUBLIC WORKS SUPERVISOR. WHEREAS AFTER THIRTY ONE YEARS OF HARD AND DEDICATED WORK AT THE CITY OF CARLSBAD. CLAYTON C. DOBBS HAS ANNOUNCED HIS DESIRE TO RETIRE IN DECEMBER OF THIS YEAR. WHEREAS IN AUGUST OF 1990, CLAY BROUGHT HIS SKILLS AND EXPERTISE TO THE CITY OF CARLSBAD TO BEGIN HIS CAREER IN THE GENERAL SERVICES DEPARTMENT. WHEREAS CLAYTON BEGAN HIS CAREER IN THE OAK YARD AND UPON FULFILLING THE ROLE WITH THE STREET MAINTENANCE GROUP, HE TRANSITIONED TO THE STORM WATER MAINTENANCE GROUP IN 2003. WHERE CLAY PROVED HE POSSESSED THE CARLSBAD SPIRIT AND DESIRE TO DO THE RIGHT BY THE CITIZENS OF THE CITY OF CARLSBAD. WHEREAS CLAY WAS LATER PROMOTED TO UTILITY SUPERVISOR FOR STORM WATER MAINTENANCE AT THE CARLSBAD MUNICIPAL WATER DISTRICT, FOLLOWED BY A TRANSFER BACK TO PUBLIC WORKS AS A SUPERVISOR, PROVIDING SIGNIFICANT SERVICE IN THAT POSITION. TO THIS DATE, WHERE CLAY HAS BEEN A DEDICATED EMPLOYEE THROUGHOUT HIS YEARS AT THE CITY OF CARLSBAD AND HAS SUCCESSFULLY COMPLETED MANY COMPLEX AND CHALLENGING STREET MAINTENANCE, WATER INFRASTRUCTURE SERVICES IN STORM DRAIN MAINTENANCE PROJECTS, INCLUDING PLANNING, DESIGNING THE CONSTRUCTION OF PROJECTS THAT ARE PROVIDED GREAT BENEFIT TO THE CITY OF CARLSBAD. WHEREAS CLAY HAS ALWAYS BEEN CONSCIENTIOUS AND DEDICATED, EMPLOYEE SUPERVISOR, RESIDENT CITY OF CARLSBAD AND A FRIEND, CLAY IS KNOWN AS A PASSIONATE, OPINIONATED, APPROACHABLE COWORKER THAT HAS SHARED HIS KNOWLEDGE, EXPERTISE AND SENTIMENTS FREELY WITH ALL STAFF TO BEST PREPARE THEM TO CONTINUE TO SERVE THE [00:05:04] CITY OF CARLSBAD. WHEREAS CLAY'S DEDICATION IS POSITIVE. POSITIVE CONTRIBUTION TO THE CULTURE OF THE CITY OF CARLSBAD PUBLIC WORKS DEPARTMENT INTO THE QUALITY OF LIFE FOR THE COMMUNITY. NOW, THEREFORE, I MATT HALL, MAYOR OF THE CITY OF CARLSBAD, DO HEREBY TAKE GREAT PRIDE AND PLEASURE IN OFFERING MY PERSONAL CONGRATULATIONS AND THANKS AND APPRECIATION, AS WELL AS THOSE OF THE COUNCIL AND THE RESIDENTS OF CARLSBAD TO CLAYTON DOBBS FOR ITS THIRTY ONE YEARS OF DEDICATED SERVICE TO THE CITY OF CARLSBAD. CLAYTON, JOB VERY WELL DONE. WOULD YOU LIKE TO SAY A FEW WORDS? THANK YOU, SIR. THAT'S ALL I GOT. THIS CLIMATE OF POLITICAL CORRECTNESS, I MIGHT NOT WANT TO SAY ANYTHING, BUT I ENJOYED MY TIME HERE AT THIRTY ONE YEARS WENT BY IN A HEARTBEAT. I ENJOYED EVERYONE'S COMPANY AND THANK YOU VERY MUCH, MAYOR. ALL I CAN SAY IS CLAYTON JOB, WELL DONE. YOU'RE GOING TO BE MISSED. WE'RE DEFINITELY GOING TO FIND SOMETHING ELSE FOR YOU TO DO. THANK YOU, SIR. DON'T GO FAR. I WON'T, BORN HERE, RAISED HERE. I WON'T LEAVE HERE. OK, NEXT IS A PROCLAMATION IN RECOGNITION OF ROBERT FERRIS RETIREMENT AND MR. BLACKBURN IS GOING TO GIVE THAT PROCLAMATION. IT'S MY PLEASURE TO READ THE PROCLAMATION FOR ROBERT HARRIS, FERRIS, I'M SO SORRY. ROBERT FERRIS HAS BEEN A DEDICATED EMPLOYEE OF THE CITY OF CARLSBAD FOR THE LAST THIRTY TWO YEARS AND HAS ANNOUNCED HIS DESIRE TO RETIRE. ROBERT BEGAN HIS CAREER WITH THE FACILITIES DEPARTMENT AS A TEMPORARY PAINTER IN NINETEEN EIGHTY NINE GOSH NINETEEN EIGHTY NINE. MOST OF OUR EMPLOYEES WEREN'T EVEN BORN YET. HE PROGRESSED THROUGH THE DEPARTMENT AS A PART TIME PAINTER, BUILDING MAINTENANCE WORKER, SENIOR BUILDING MAINTENANCE WORKER, AND THEN WAS PROMOTED TO THE POSITION OF FACILITIES MAINTENANCE SUPERVISOR IN 2015. ROBERT HAS SKILLFULLY CONTRIBUTED TO NUMEROUS PROJECTS THAT THE CITY, INCLUDING INSTALLATION OF EMERGENCY POWER SYSTEM IN PREPARATION OF THE POTENTIAL Y2K ISSUES AND SUBSTANTIAL REMODEL WORK OF CITY HALL COMPLEX HARDING COMMUNITY CENTER. THE SCOUT HOUSE. AND THE EMERGENCY OPERATIONS CENTER. ROBERT HAS FAITHFULLY COORDINATED THE EFFORTS TO COMPLETE THE ENUMERABLE FACILITY SERVICE REQUESTS, STRIVING WITH THE FOCUS OF STEWARDSHIP EXCELLENCE AND INNOVATIVE SOLUTIONS FOR A VARIETY OF COMPLEX PROBLEMS. HIS TALENT AND DEDICATION TO SERVICE HAS BEEN RECOGNIZED VIA NUMEROUS MEMOS OF APPRECIATION FROM HIS PEERS, DEPARTMENT MANAGERS, DIRECTORS, CITY MANAGERS AND COUNCIL MEMBERS. ROBERT HAS BEEN A LOYAL, CONSCIENTIOUS AND TRUSTWORTHY PUBLIC SERVANT WHO HAS USED HIS KNOWLEDGE, SENSE OF HUMOR AND OUTGOING PERSONALITY TO PROMOTE AND MAINTAIN THE HIGHEST STANDARDS OF SERVICE FOR HIS PEERS, AS WELL AS FOR THE RESIDENTS OF CARLSBAD. THEREFORE, ON BEHALF OF THE COUNCIL AND THE MAYOR, I DO BY TAKE GREAT PRIDE AND PLEASURE IN OFFERING MY PERSONAL CONGRATULATIONS THANKS AND APPRECIATION, AS WELL AS THOSE OF THE COUNCIL AND RESIDENTS OF CARLSBAD TO ROBERT FERRIS FOR HIS THIRTY TWO YEARS OF DEDICATED SERVICE TO THE CITY OF CARLSBAD. AND ROBERT, WOULD YOU LIKE TO SAY SOMETHING? YEAH, I'M KIND OF I'M KIND OF WITH CLAY ON THIS WHOLE THING, IT'S IT'S BEEN A GREAT RUN OF IT. IT'S A GREAT PLACE TO WORK. I HIGHLY RECOMMEND ANYONE COME TO WORK HERE AND KNOW IT'S I'VE ENJOYED MY TIME HERE. IT'S I'M READY TO GO, BUT IT'S STILL A GREAT PLACE AND I'D LIKE TO THANK ALL OF YOU FOR GIVING ME A CHANCE TO MAKE IT THAT WAY. AND I THANK YOU. THANK YOU. AND I JUST WANT TO CONCLUDE BY SAYING THE SAME, I DID CLAYTON, DON'T GO TOO FAR. WE'RE GOING TO FIND ANOTHER JOB FOR YOU. WELL DONE. ALL RIGHT. THANK YOU, MAYOR. SURE. NEXT IS A PROCLAMATION AND RECOGNITION OF MICHAEL BAILEY'S RETIREMENT, AND DR. BHAT-PATEL WILL GIVE THIS ONE. THANK YOU MAYOR, AND YES, I AM GOING TO GO AHEAD AND READ THE PROCLAMATION FOR MR. BAILEY. SO WHEREAS MICHAEL W. BAILEY HAS BEEN A DEDICATED EMPLOYEE TO THE CITY OF CARLSBAD FOR THE PAST 20 YEARS AND HAS ANNOUNCED HIS DESIRE TO RETIRE IN DECEMBER OF THIS YEAR. AND WHEREAS MICHAEL SERVED AS A SERGEANT IN THE UNITED STATES MARINE CORPS FOR 13 YEARS, SERVING HIS COUNTRY IN OPERATION DESERT SHIELD, OPERATION DESERT STORM AND OPERATION RESTORE HOPE SOMALIA WHILE AMASSING MANY ACCOMMODATIONS AND MEDALS. AND WHEREAS ON OCTOBER 1ST, 2001, MICHAEL BEGAN HIS CAREER WITH THE CITY OF CARLSBAD AS A MAINTENANCE WORKER, ONE THEN STREETS MAINTENANCE WORKER, TWO AND THREE IN THE PUBLIC WORKS STREETS DIVISION. AND WHEREAS IN TWENTY FOURTEEN, MICHAEL WAS PROMOTED TO PUBLIC WORKS [00:10:01] INSPECTOR ONE, THEN TWO IN THE CONSTRUCTION MANAGEMENT AND INSPECTION DEPARTMENT, PROVIDING STEADFAST LEADERSHIP AND SERVICE IN THAT POSITION TO THIS DATE. AND WHEREAS MICHAEL HAS BEEN A DEDICATED EMPLOYEE THROUGHOUT HIS YEARS AT THE CITY OF CARLSBAD, SUCCESSFULLY COMPLETING MANY CHALLENGING AND COMPLEX PROJECTS WHICH HAVE PROVIDED GREAT BENEFIT TO THE RESIDENTS AND VISITORS OF THE CITY OF CARLSBAD. AND WHEREAS MICHAEL HAS BEEN A CONSCIENTIOUS, TRUSTWORTHY EMPLOYEE AND FRIEND AND HIS DEDICATION HAS POSITIVELY CONTRIBUTED TO THE CULTURE OF THE CITY OF CARLSBAD AND TO THE QUALITY OF LIFE FOR THE COMMUNITY AT LARGE. NOW, THEREFORE, I COUNCIL MEMBER BHAT-PATEL ON BEHALF OF THE MAYOR AND CITY COUNCIL, DO HEREBY TAKE GREAT PRIDE AND PLEASURE IN OFFERING MY PERSONAL CONGRATULATIONS THANKS AND APPRECIATION, AS WELL AS THOSE OF THE CITY COUNCIL AND THE RESIDENTS OF CARLSBAD. TO MICHAEL BAILEY FOR HIS 20 YEARS OF DEDICATED SERVICE TO THE CITY OF CARLSBAD. AND WITH THAT, MR. BAILEY, CONGRATULATIONS. AND IF YOU WOULD LIKE TO SAY A FEW WORDS, I'D LOVE TO INVITE YOU TO DO SO. OH, THANK YOU SO MUCH. WENT BY REALLY FAST LIKE CLAY AND ROBERT SAID. IT'S A GREAT PLACE TO WORK IN. I'M JUST THANKFUL THAT I WAS GIVEN THE OPPORTUNITY TO TO DO THIS, AND I'M GOING TO MISS A LOT OF THE LOT OF THE PEOPLE. I'VE SEEN A LOT OF CHANGES. THERE'S A LOT OF PEOPLE THAT AREN'T HERE ANYMORE, THAT I CAME UP THROUGH THE RANKS WITH. SO THERE'S A LOT OF NEW FACES, BUT I'M DEFINITELY GOING TO MISS MY, MY FELLOW WORKERS. SO THANK YOU VERY MUCH, I APPRECIATE EVERYTHING. AND MIKE, I TOO WOULD JUST LIKE TO SAY THANK YOU FOR YOUR SERVICE TO THE COUNTRY AND THANK YOU FOR YOUR SERVICE TO CARLSBAD JOB, VERY WELL DONE. WE ARE GOING TO MISS YOU. DON'T GO FAR. THANK YOU. SURE. OK, WITH THAT, LET'S MOVE ON TO PUBLIC COMMENT. [PUBLIC COMMENT] DO WE HAVE PUBLIC COMMENT SPEAKERS TONIGHT? THIS TIME, ANYONE WISHING TO SPEAK ON AGENDA, PUBLIC COMMENT, PLEASE RAISE YOUR HAND VIRTUALLY AND BE 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 YOU CALL YOUR NAME OR LAST 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 OR THREE MINUTES HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. WE DO HAVE SPEAKERS MAYOR. THE FIRST SPEAKER IS SIMON FRIEDMAN, CAN YOU PLEASE UNMUTE? MAY I PROCEED? YES, GO AHEAD. OH, THANK YOU. GOOD AFTERNOON, MAYOR HALL MEMBERS OF THE COUNCIL, MY NAME IS SIMON FRIEDMAN. I'VE BEEN A RESIDENT OF THE CITY OF CARLSBAD FOR OVER 30 YEARS, AND I'M HERE TO TALK TO YOU ABOUT BECAUSE I TALK TO SOME OF YOU ABOUT THIS ALREADY AND IN PARTICULAR, BIPLANES. I WOULD ASK ALL OF YOU IF YOU HAVE NOT DONE SO ALREADY TO DRIVE THROUGH THE CITY OF ENCINITAS, CARDIFF, SOLANA BEACH. THEY MAKE EXTENSIVE USE OF GREEN PAINT, GREEN BACK SHERYL'S AND SCIENTISTS TO PROMOTE THE SAFETY OF BICYCLISTS. ONE OF THE THINGS I THINK WE SHOULD STRIVE TO DO TO PROMOTE OUR GOALS OF TDM SUSTAINABILITY IS TO ENCOURAGE PEOPLE TO GET OUT ON THEIR BICYCLES. HOWEVER, WHAT SO MANY PEOPLE HAVE TOLD ME IS THE MAJOR NUMBER ONE REASON THEY DON'T IS A FEAR, AN UNDERSTANDABLE FEAR OF BEING HIT BY A CAR. WE BELIEVE THIS COMES DOWN TO EDUCATING MOTORISTS TO THE PRESENCE OF CYCLISTS. AND ALTHOUGH IT SOUNDS SOMEWHAT SIMPLIFIED, WE BELIEVE A LIBERAL APPLICATION OF GREEN PAINT THROUGHOUT COMFLICT ZONES AND BY CONFLICT ZONES. I MEAN, INTERSECTIONS, RIGHT-HAND TURNS AND SO ON WILL EDUCATE MOTORISTS TO THE PRESENCE OF CYCLISTS AND GIVE CYCLISTS MORE COURAGE TO GO OUT AND BE MORE ACTIVE AND PARTICIPATION. IN PARTICULAR, WE HAVE HAD AN EXPLOSION OF E-BIKES BY 2028 THE MARKET IS EXPECTED TO BE FORTY EIGHT BILLION IN THE 12 MONTHS LEADING UP TO JULY. TWENTY TWENTY ONE. THEY GREW TWO HUNDRED AND FORTY PERCENT OF THE UNITED STATES. SO WE HAVE A REAL OPPORTUNITY TO DISPLACE TO DISPLACE CARS WITH E-BIKES. AND WE DON'T HAVE THE EV CHARGING INFRASTRUCTURE OF HAVING TO WORRY ABOUT WHERE APARTMENT OWNERS CAN CHARGE BECAUSE THEY CAN CHARGE IN THEIR HOME WITH AN PIPE LIKE WE ARE AT. AND I'VE WORKED WITH THE TRANSPORTATION MOBILITY COMMISSION FOR THE LAST YEAR AND SUGGESTED VARIOUS PLANS AND IMPROVEMENTS. BUT FOR WHATEVER REASON, THE CITY HAS NO PLANS TO MAKE ANY IMPROVEMENTS TO THE BIKE LANES ON THE COAST HIGHWAY FROM PALOMAR TO TAMARACK. THIS IS APPARENTLY A VERY LOW PRIORITY, SO WE ARE ENCOURAGING THE CITY TO MAKE THIS A HIGH PRIORITY TO PROMOTE INCREASED USE OF BICYCLES ON THE COAST HIGHWAY TO PROMOTE BICYCLE SAFETY, TO HELP THE CITY MEET ITS TRANSPORTATION DEMAND MANAGEMENT GOALS AND ITS SUSTAINABILITY GOALS. AND FINALLY, AND NOT LEAST, THE SAFETY OF OUR RESIDENTS ON THEIR BIKES IN CARLSBAD. THANK YOU ALL FOR YOUR FOR YOUR ATTENTION. THE NEXT SPEAKER ENDS WITH ONE, SIX, EIGHT ONE. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON, MAYOR MATT HALL AND CITY COUNCIL, I WANT TO CONGRATULATE IN THE [00:15:08] LOUDEST TERMS MAYOR MATT HALL ON HIS NO VOTE ON THE SANDAG ONE HUNDRED AND SIXTY FIVE BILLION REGIONAL TRANSPORTATION PLAN BOONDOGGLE. THE PLAN INCLUDES MULTIPLE TAX INCREASES AS WELL AS A FOUR POINT FIVE CENT MILE TAX ON YOUR CAR MILEAGE, WHICH FOR THE AVERAGE DRIVER WOULD BE ABOUT AN ADDITIONAL $600 A YEAR. CALIFORNIANS ALREADY PAY THE HIGHEST GAS TAXES, AND SACRAMENTO LIES JUST ABOUT WHERE THE GASOLINE TAXES ARE SPENT. FINANCE VEHICLE REGISTRATION FEES. NOW, THE DEMOCRAT LEFT WING MEMBERS ON SANDAG, CHAIRED BY INSIDIOUS MAYOR KATHRYN BLAKE , HAVE VOTED TO MAKE SAN DIEGO COUNTY RESIDENTS AND FAMILIES SUFFER EVEN MORE FINANCIALLY. IS IT NOT GOOD ENOUGH FOR THE LIKES OF BLAKE SKINNER AND FELLOW DEMOCRATS WHO KNOW PEOPLE ARE STRUGGLING TO MAKE ENDS MEET FROM THE FAKE PANDEMIC RESTRICTIONS AND BUSINESS SHUTDOWNS? THESE HARD CORE LEFTIST DEMOCRATS WANT TO MAKE SURE RESIDENTS IN SAN DIEGO COUNTY EXPERIENCED EVEN MORE FINANCIAL HARM BY APPROVING THESE NEW DEMOCRAT SPONSORED DRACONIAN TAXES. DEMOCRATS NEVER TIRE OF SPENDING OTHER PEOPLE'S MONEY OR COERCING PEOPLE AND HOW THEY MUST LIVE. THE DEMOCRATS, WHO VOTED FOR THE SANDAG TRANSPORTATION PLAN, THINK WE SHOULD ALL STOP DRIVING CARS, JUST JUMP ON ELECTRIC BIKES, BUSSES AND TRAINS. THIS IS HOW WE ALMOST LIVE NOW, NO MATTER HOW UNREALISTIC AND UNFAIR THEIR IDEAS ARE FOR THE MAJORITY OF RESIDENTS. THEY PLAN MULTIBILLION DOLLAR BILLS FOR THE TWO PERCENT WHO USE PUBLIC TRANSIT. THEY NEVER TIRE OF WASTING OUR MONEY. MAYOR BLAKESPEAR HAS BEEN A DANGER TO THE QUALITY OF LIFE IN ENCINITAS, A COMPLETE AND UTTER FAILURE ON THE HOMELESS ISSUE. AND NOW WE ALL KNOW SHE'S A DANGER TO SAN DIEGO COUNTY AND ALL OF CALIFORNIA. WE MUST MAKE SURE HER POLITICAL CAREER ENDS IN NOVEMBER OF 2022. IN MY OPINION, VOTERS HAVE THE RIGHT TO KNOW HOW THE OTHER CARLSBAD COUNCIL MEMBERS WOULD HAVE VOTED ON THE SANDAG MULTI-BILLION DOLLAR HUGE TAX INCREASE. I REQUEST EVERY COUNCIL MEMBER STATE THEIR OPINION ON MAYOR HALL'S VOTE. COUNCIL MEMBER NORBY HAS VOICED HIS SUPPORT FOR MAYOR BLAKESPEAR, AND THAT SAYS IT ALL, BUT HE WILL BE GONE IN NOVEMBER. JUST KEEP IN MIND IF HE VOTES ON DIFFERENT CARLSBAD ISSUES AND EXPENDITURES BECAUSE HE SUPPORTS RADICAL BLAKESPEAR AND THE TAXES SHE JUST PUSHED THROUGH SANDAG.. THE OTHER COUNCIL MEMBERS. I ASK YOU, I REQUEST YOU OWE IT TO THE VOTERS TO STATE YOUR OPINION ON MAYOR HALL'S WONDERFUL, TERRIFIC, FANTASTIC. NO VOTE. THANK YOU. THE NEXT SPEAKER IS MARK GRAHAM, CAN YOU PLEASE UNMUTE? HI, CAN YOU HEAR ME? YES, GO AHEAD. OK, GOOD EVENING, MAYOR HALL AND COUNCILMAN STAFF, MY NAME IS MARK GRAHAM. I LIVE IN ELK GROVE. I'M GOING TO TALK ABOUT SOMETHING THAT'S NOT DIRECTLY ON THE AGENDA TONIGHT, AND THAT IS THE TELECOMMUNICATIONS ACT OF 1996. THERE'S A LOT OF CONFUSION ABOUT THE ACT. AND JUST JUST BEFORE YOU GET STARTED, I THINK THIS IS ON THE AGENDA. IT'S NOT ON THE AGENDA. IT'S RELATED TO AN AGENDA ITEM. BUT THIS ITEM IS NOT ON THE AGENDA. NO. OK. START OVER, PLEASE. GO AHEAD, SIR. OK, THANK YOU. ALL RIGHT. THE TELECOMMUNICATIONS ACT OF 1996, THERE'S A LOT OF CONFUSION ABOUT THE ACT AND THE EXTENT TO WHICH IT PREEMPTS STATE AND LOCAL REGULATORY AUTHORITY OVER THE PLACEMENT OF CELL ANTENNAS. SO I WANT TO READ YOU A KEY SECTION OF THAT LAW. AND THIS IS IN FORTY SEVEN UNITED STATES CODE SECTION THREE THREE TWO C SEVEN A. AND IT'S CALLED PRESERVATION OF LOCAL ZONING AUTHORITY, EXCEPT AS PROVIDED IN THIS PARAGRAPH. NOTHING IN THIS CHAPTER SHALL LIMIT OR EFFECT THE AUTHORITY OF A STATE OR LOCAL GOVERNMENT OR INSTRUMENTALITY THEREOF OVER DECISIONS REGARDING THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES. END QUOTE. NOW THAT IS A BROAD STATEMENT OF THE PRESERVATION OF LOCAL ZONING AUTHORITY. IT'S NOT SPECIFIC, AND THAT KIND OF OPENS THE DOOR TO WHERE A LOT OF CONFUSION HAS COME IN. BUT THAT IS SOMETHING THAT THE COUNCIL SHOULD BE AWARE OF. AND KEEP IN MIND WHEN YOU CONTEMPLATE AND WHEN YOU DELIBERATE ON SOME CHANGES TO YOUR AGENDA ITEM THAT LATER ON, WHICH IS ABOUT SALE AND TENANT POLICY ALSO THERE. SO SIR, YES, IN ALL HONESTY, THIS IS RELATED TO THAT AGENDA ITEM. [00:20:01] SO I'VE BEEN VERY, VERY LENIENT WITH YOU. BUT IF YOU WANT TO SPEAK TO THE ITEM, WAIT TILL THE ITEM COMES UP AND AND WE'LL HEAR WHAT YOUR COMMENTS ARE THERE. BUT THESE ARE RELATED TO THAT ITEM. SO WITH THAT, LET'S GO ON TO THE NEXT SPEAKER, PLEASE. THE NEXT SPEAKER ENDS WITH FIVE ONE THREE TWO. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? YES. GOOD EVENING, MAYOR AND CITY COUNCIL [INAUDIBLE] I HAVE A GROUP OF SIX HERE WITH ME, AND I WILL HAND MY TIME OVER TO TO GIVE THESE TO OTHERS. THE FIRST ITEM AND I DID SEND AN EMAIL TO YOU IN THE CITY EARLIER. THE FIRST ITEM IS THE REQUEST BY AT&T TO CHANGE THAT FIVE HUNDRED PREFERRED POLE LOCATION TO TWO HUNDRED, AND I'M ADAMANTLY AGAINST THIS. IN FACT, I'M SURPRISED THAT THE STAFF TOOK A NEUTRAL POSITION BECAUSE WE HAVE MADE IT KNOWN FOR THE LAST YEAR AND A HALF AT LEAST. THE CITIZENS DO NOT WANT SMART CELL FACILITIES IN THEIR NEIGHBORHOOD, BUT DAMN AGAIN, THIS IS RELATED TO AN AGENDA ITEM. SO PLEASE COME BACK WHEN THAT AGENDA ITEM IS CALLED. THIS ISN'T PUBLIC COMMENT. THIS IS ON AGENDA ITEM. NEXT SPEAKER. THE NEXT SPEAKER ENDS WITH ONE SEVEN, THREE TWO. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON. I'D LIKE TO CONCUR WITH AN EARLIER CALLER AND THANK MAYOR HALL FOR HIS NO VOTE ON THAT SANDAG PROPOSAL, BUT I'M CALLING REGARDING ENCOURAGING THE COUNCIL TO ADD TO THE CITY MANAGER'S WEEKLY REPORT ON COVID INFORMATION. COVID IS NOT GOING AWAY AND WE MUST LEARN HOW TO LIVE WITH THE VIRUS. THE GOOD NEWS IS WE HAVE EFFECTIVE AND INEXPENSIVE MEDICATIONS TO FIGHT COVID. LET'S TALK ABOUT THOSE IN THE CITY MANAGER'S WEEKLY REPORT. REPORT ON NATURAL IMMUNITY BEING DURABLE AND EFFECTIVE. REPORT ON EFFECTIVE AND INEXPENSIVE THERAPEUTICS LIKE IVERMECTIN, ASTHMA MEDICATIONS, INCLUDING STEROIDS AND INHALERS. REPORT ON THE COURTS ORDERING HOSPITALS TO TREAT PATIENTS WITH IVERMECTIN. JUST YESTERDAY, A COURT FOUND A HOSPITAL IN CONTEMPT AFTER REFUSING TO COMPLY WITH PREVIOUS ORDERS TO ADMINISTER IVERMECTIN TO IVERMECTIN TO A COVID PATIENT, PER HER FAMILY'S WISHES. REPORT ON GOOD NEWS TOO REGARDING THE OMICRON VARIANT, DR. ANGELIQUE COETZEE, THE SOUTH AFRICAN DOCTOR WHO FIRST IDENTIFIED THE NEW COVID 19 VARIANT OMICRON, SAYING THAT PATIENTS DIAGNOSED WITH THE VARIANT HAVE BEEN EXPERIENCING EXTREMELY MILD SYMPTOMS AND THERE'S NO INDICATION THAT THE VARIANT WILL CAUSE A MORE SEVERE ILLNESS. REPORT ON THE MONOCLONAL TREATMENTS THAT ARE ON THE CALIFORNIA GOVERNMENT WEBSITE. EVEN THE DEMOCRAT GOVERNOR OF COLORADO ANNOUNCED THIS WEEK THAT COVID 19 EMERGENCY IS OVER. BUT IN CALIFORNIA WE'RE TOLD TO MASK AGAIN. 14 DAYS TO FLATTEN THE CURVE, WE WERE TOLD GET VACCINATED SO WE CAN STOP THE VIRUS AND GET BACK TO NORMAL. WE'RE ABOUT 640 DAYS IN AND NOW WE'RE MASKING AGAIN. BUT THIS IS NOT ABOUT THE VIRUS AND IT'S NOT ABOUT HEALTH, IT'S ABOUT POWER. BUT THAT IS NOT HOW SELF. WHICH IS A DECLARATION THAT WE SHOULD VAX CARD EVERY PERSON WHO ENTERS OUR HOME. ROMANIA LIKE GROCERY STORES, BIFURCATED FOR VAXXED AND UNVAXXED. AUSTRALIA LIKE CAMPS WHERE YOU'RE SENT AGAINST YOUR WILL AS THE STATE DECIDES YOU MIGHT HAVE COVID. THE POLICE STATE TO SURROUND YOUR AIRCRAFT BECAUSE YOU MIGHT IN THE FUTURE COME DOWN WITH COVID. THIS IS NO JOKE. THIS IS HAPPENING IN REAL TIME. THIS IS A STATE OF TYRANNY AND WE ARE LIVING IT. LET'S BE BRAVE AMERICANS WHO KNOW OUR RIGHTS COME FROM GOD AND NOT GOVERNMENT. NEXT SPEAKER IS SUZANNE HUME. CAN YOU PLEASE UNMUTE? SUZANNE HUME, CAN YOU PLEASE UNMUTE? [00:25:06] WE CAN TRY AT DIFFERENT TIME. MAYOR LOOKS LIKE SHE IS THE LAST SPEAKER. OK, AND FOR THOSE. TO ASK YOU TO DIVEST FROM FOSSIL FUELS LIKE THE CITY OF ENCINITAS AND THE CITY OF SAN DIEGO, ALONG WITH HARVARD, THE UC SYSTEM AND SO MANY MORE. NORWAY'S SOVEREIGN WEALTH FUND, AND AGAIN, A VERY LONG LIST WE HAVE ON [INAUDIBLE] THE FOSSIL FUEL INDUSTRY, HAS A LONG HISTORY OF RACIAL, SOCIAL, ENVIRONMENTAL DISCRIMINATION. AND WE JUST REALLY NEED TO DIVEST FROM FOSSIL FUELS. AS YOU KNOW OR MAY HAVE HEARD, AIR POLLUTION FROM FOSSIL FUELS TAKES THE LIVES OF ONE IN 10 PEOPLE IN THE U.S. AND ONE IN FIVE IN THE WORLD. AND THE BURNING OF FOSSIL FUELS IS CAUSES OVER EIGHT POINT SEVEN MILLION DEATHS QUOTE. NOW, DARREN, WORKING WITH THE CITY OF ENCINITAS TO HELP THAT HAPPEN, AND WE'RE EXCITED TO WORK WITH YOU AS WELL. SO THANK YOU SO MUCH FOR KIDS TALK AND HAVE A GREAT DAY. THAT CONCLUDES ALL OF OUR SPEAKERS, MAYOR AND THE SPEAKERS WHO WERE THAT I CUT SHORT. THAT'S ITEM 16 IS WHERE I WOULD APPRECIATE YOU. JUST JUST REALLY BRIEFLY, MAYOR, I JUST WANTED TO CLARIFY ON THE LAST SPEAKERS POINTS. SURE. OKAY. YEAH. I JUST WANTED TO CLARIFY THAT. YES. THANK YOU SO MUCH. OKAY, NEXT, WE'LL BE MOVING ON TO THE CONSENT CALENDAR ITEMS ONE THROUGH TEN. [CONSENT CALENDAR] AND BEFORE WE HAVE A MOTION ON THAT, I WOULD LIKE TO MENTION THAT ON ITEMS EIGHT AND NINE ON THE CONSENT COUNTER ARE TO APPROVE AND AMEND AND RESTATED EMPLOYMENT AGREEMENTS, INCREASING THE CITY MANAGERS AND THE CITY ATTORNEYS ANNUAL BASE SALARIES AS OF JULY 1ST, 2021 AND TO MAKE CORRESPONDING CHANGES TO THE APPOINTED OFFICIAL SALARY RANGE SCHEDULES. IF APPROVED BY THE CITY COUNCIL, THE CITY MANAGER ANNUAL BASE SALARY WILL BE THREE HUNDRED AND TWENTY SIX THOUSAND SEVEN HUNDRED AND FIFTY SIX DOLLARS IN THE CITY ATTORNEY'S. ANNUAL BASE SALARY WILL BE THREE HUNDRED AND EIGHTEEN THOUSAND THREE HUNDRED AND SEVENTY NINE DOLLARS. MANY OF YOU DON'T READ ALL THE DIFFERENT AGENDA ITEMS, BUT WE WANT TO MAKE THAT OVERLY CLEAR. SO WITH THAT? DOES ANYONE WISH TO PULL AN ITEM ONE THROUGH 10? NOT SEEING ANY. CAN WE HAVE A MOTION, PLEASE? MOVE APPROVAL OF CONSENT CALENDAR ITEMS ONE THROUGH 10. SECOND. CALL ROLL PLEASE. HI, COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL. AYE. CONSENT CALENDAR ITEMS ONE THROUGH 10 PASSED UNANIMOUSLY. MOVING ON FOR ORDINANCES FOR PUBLIC COMMENT ON? AT THIS TIME, ANYONE WISHING TO SPEAK ON THE CONSENT CALENDAR ITEMS PLEASE RAISE THEIR HAND VIRTUALLY EVER 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 AND CLEARLY STATE WHICH ITEM YOU WISH TO SPEAK TO BEFORE THE START OF YOUR COMMENT. 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. THE FIRST SPEAKER ENDS WITH FIVE ONE THREE TWO. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? YES, WE'RE SUPPOSED TO HAVE A GROUP MEETING, THIS IS IRENE TSUTSUI, BUT I'LL [00:30:02] SPEAK FOR THREE MINUTES IF THAT'S ALL I HAVE. MS. IRENE, ACTUALLY THE ITEM THAT YOU WERE REFERRING TO IS ITEM 16. YOU ARE A GROUP SPEAKER FOR THAT ITEM, BUT THIS IS JUST CONSENT ITEMS. OH, THIS IS NOT THE ITEM, THEN. OK? NO, NOT YET. THANK YOU. OK SO. THE NEXT SPEAKER IS [INAUDIBLE] CAN YOU PLEASE UNMUTE? GOOD AFTERNOON, I'M SORRY, I'VE HAD DOGS BARKING IN THE BACK YARD, I'M SPEAKING TO ITEM 18. THANK YOU, WE'LL TAKE YOU AT THAT TIME. THAT CONCLUDES ALL OF THE SPEAKERS, MAYOR. OK. SO WE'RE MOVING ON TO ITEM 11. [11. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.301 TO RESTRICT OVERNIGHT PARKING ON ARMADA DRIVE] ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE BY ADDING SECTION TEN POINT FOUR ZERO POINT THREE HUNDRED ONE TO RESTRICT OVERNIGHT PARKING ON ARMADA DRIVE. CITY ATTORNEY, SIR, IT WILL HAVE A PRESENTATION BY SERGEANT SCOTT MERRITT, AS WELL AS OUR DEPUTY CITY ATTORNEY ALLEGRA FROST. OK. GOOD AFTERNOON, EVERYBODY. HOPEFULLY, MY SCREENS UP FOR ALL TO SEE. YES. ALL RIGHT, THIS IS A PROPOSAL TO AMEND THE OVERNIGHT PARKING ON ARMADA DRIVE. MY NAME'S SCOTT MERRITT. I'M A SERGEANT WITH THE TRAFFIC DIVISION AT THE CARLSBAD POLICE DEPARTMENT. I'LL BE ASSISTED BY A DEPUTY CITY ATTORNEY ALLEGRA FROST IF SOMETHING COMES UP. DURING TODAY'S PRESENTATION, WE'RE GOING TO DO AN OVERVIEW OF PURPOSE, CURRENT MUNICIPAL CODE, COMMUNITY CONCERNS, OPTIONS AND THEN FINALLY, A FISCAL ANALYSIS WITH QUESTIONS. SO OVER THE LAST SEVERAL MONTHS, THE CITY HAS RECEIVED COMPLAINTS REGARDING VEHICLES AND MOTOR HOMES PARKED ON ARMADA DRIVE BETWEEN PALOMAR AIRPORT ROAD AND LEGOLAND DRIVE. THIS AFFECTS THE WESTERN CURB LINE OF ARMADA DRIVE WHERE PEOPLE ARE PARKING FOR EXTENDED PERIODS. A COMMON COMPLAINTS ARE MOTORHOMES PARKED FOR DAYS AT A TIME, AND INDIVIDUALS LEAVE TRASH AND UNFORTUNATELY DUMP GRAY WATER ONTO THE STREET SIDE ARMADA DRIVE. WE WANT TO PROVIDE SOME OPTIONS FOR THE COUNCIL TO DISCUSS AND ADDRESS THE ISSUES ON THE ARMADA DRIVE PARKING. CURRENTLY, THERE ARE NO RESTRICTIONS FOR OVERNIGHT PARKING ON ARMADA DRIVE BETWEEN PALOMAR ROAD AND LEGOLAND DRIVE. BUT COMMUNITY CONCERNS, THE DATA PRESENTED, THIS DATA WAS PRESENTED TO THE TRAFFIC AND MOBILITY COMMISSION ON NOVEMBER 1ST OF 2021 FOR TRAFFIC AND MOBILITY COMMISSION RECOMMENDED OPTION ONE. AN ORDINANCE REFLECTING OPTION ONE AND CORRESPONDING RESOLUTION HAS BEEN PREPARED FOR COUNCIL'S CONSIDERATION. JUST TO MAKE SURE THAT STAKEHOLDERS IN THE AREA WERE AWARE, ALL BUSINESSES AFFECTED BY THE PROPOSED ORDINANCE CHANGE WERE CONTACTED BY CITY STAFF FROM THE POLICE DEPARTMENT ALL SUPPORTED RESTRICTING OVERNIGHT PARKING ON ARMADA DRIVE. SO THEY INTRODUCED THE AMENDMENT FOR TEN POINT FOUR ZERO THREE ZERO ONE OF THE MUNICIPAL CODE TO ESTABLISH NO PARKING ZONES BETWEEN 11 P.M. AND FIVE A.M. ON THE WEST CURB LINE OF ARMADA DRIVE FROM PALOMAR AIRPORT ROAD TO LEGOLAND DRIVE. THE PROS OF THIS OPTION, THEY WOULD ELIMINATE OVERNIGHT PARKING AREA AND CONCERN AND ADDRESS CONCERNS RAISED BY THE PROPERTY OWNERS ASSOCIATION. AND IT WOULD LIKELY REDUCE THE LITTERING AND THE ILLEGAL DUMPING IN THE AREA. THE UNINTENDED CONSEQUENCES, UNFORTUNATELY, IS RESTRICTING OVERNIGHT PARKING IN THIS AREA MAY INCREASE SIMILAR PARKING ISSUES IN OTHER AREAS OF THE CITY. AND THAT OUR OTHER OPTION WAS TO MAKE NO CHANGES TO THE MUNICIPAL CODE, WHICH WILL NOT DISPLACE ANYONE IN THE COMMUNITY. BUT UNFORTUNATELY, IT DOES NOT ADDRESS THE CONCERNS OF THE COMMUNITY AND SURROUNDING BUSINESSES IN THE AREA. WELL, THE FISCAL ANALYSIS WAS BASED ON INPUT FROM THE TRAFFIC ENGINEERING DIVISION, WITH A TOTAL OF 19 ROAD SIGNS NEEDED AT APPROXIMATELY $300 A SIGN WHICH SHOULD COME OUT TO ABOUT FIFTY THOUSAND SEVEN HUNDRED DOLLARS TOTAL. THIS WOULD BE FUNDED BY THE POLICE DEPARTMENT BUDGET. AND THE STAFF RECOMMENDATION IS TO INTRODUCE THE ORDINANCE RESTRICTING OVERNIGHT PARKING ON THE WEST TO ARMADA FROM PALOMAR ROAD TO LEGOLAND. ANY QUESTIONS FOR THE MAYOR OR COUNCIL. MR. CHADWICK. YES. ARE WE ONLINE, OK? LET'S SEE. I KNOW WE HAD EXPERIENCED A 10 SECOND ISSUE, BUT I'M CHECKING WITH [00:35:08] COMMUNICATIONS RIGHT NOW. YEAH, SHE'S SAYING THAT IT'S BEEN WORKING EVER SINCE WITH NO GLITCHES. OK, THANK YOU. CAN WE HAVE SPEAKERS ON THIS ITEM NEXT? 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 TO UNMUTE. YOU'LL HAVE THREE MINUTES TO MAKE YOUR COMMENTS. YOU WILL BE MUTED ONCE YOUR THREE MINUTES HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND AND PRESS STAR NINE NOW. WE DO NOT HAVE ANY SPEAKERS ON THIS ITEM MAYOR. OK. ANY QUESTIONS OF STAFF? AH DR. BHAT-PATEL. YES, THANK YOU, JUST ONE BRIEF ONE. SO I KNOW THAT THIS IS, AND THANK YOU. I KNOW THAT THIS I JUST WANT TO SAY THANK YOU BEFORE I GET INTO MY QUESTION. I KNOW THIS IS SOMETHING THAT YOU ALL TURNED AROUND REALLY QUICKLY. SO I JUST WANTED TO ACKNOWLEDGE THAT AND SAY, THANK YOU SO MUCH FOR DOING THAT. I KNOW WE ALL RECEIVED COMMUNICATIONS AROUND THIS AND REALLY APPRECIATE THE QUICK TURNAROUND FROM OUR STAFF, OUR COMMISSION. AND THEN OF COURSE, NOW WE'RE SEEING IT, SO HOPEFULLY WE'LL BE ABLE TO ADDRESS THOSE ISSUES. SO JUST BRIEFLY, I NOTICED THAT THE, YOU KNOW, IT'S CALLING OUT SPECIFICALLY THE WEST CURB. AND I JUST WANTED TO ASK WHAT THE DELINEATION IS ON THE EAST SIDE. FROM WHAT I UNDERSTAND FROM DRIVING THAT AREA AND FROM WALKING THAT AREA THERE ISN'T THERE ISN'T PARKING ON THAT SIDE. BUT CAN YOU JUST CLARIFY AND MAKE SURE THAT THERE ISN'T? YES. ON THE EAST SIDE OF ARMADA DRIVE, IT IS DESIGNATED AS A BIKE LANE, IT IS CLEARLY A NO PARKING ZONE WHERE WE DO HAVE AUTHORITY TO ENFORCE NO PARKING IN A BICYCLE LANE THROUGH [INAUDIBLE]. OK, PERFECT. I JUST WANTED TO MAKE SURE THAT SINCE WE WERE DESIGNATING SPECIFICALLY THE WEST SIDE, THAT THE EAST SIDE WOULDN'T BECOME A PROBLEM, AND IT SOUNDS LIKE WE'RE GOOD ON THAT. SO GREAT. THAT WAS MY ONLY QUESTION. JUST TO CLARIFY, THE ORDINANCE COVERS BOTH THE EAST AND THE WEST. WE INCLUDED THE EAST SO THAT IF EVER THE BIKE LANE IS REMOVED, WE STILL HAVE THAT IN PLACE. BUT THERE ARE SIGNS INDICATING NO, NO PARKING BECAUSE THE BIKE LANE ON THE EAST. SO THEY WON'T CHANGE THAT. THE ONLY IMPACT FROM THE ORDINANCE WILL BE TO RESTRICT OVERNIGHT PARKING ON THE WEST HAND SIDE. SO NEW SIGNS WILL GO UP ON THE WEST, EVEN THOUGH THE ORDINANCE DOES COVER BOTH SIDES. PERFECT, THANK YOU, I JUST WANTED TO MAKE SURE WE GOT THAT OUT THERE. THANK YOU SO MUCH. I APPRECIATE IT. ANY OTHER QUESTIONS? COMMENTS. MR. BLACKBURN, I'LL JUST SAY I'VE BEEN IN CONTACT WITH THE BUSINESS OWNERS ASSOCIATION IN THAT AREA, AND THEY ARE VERY APPRECIATIVE OF THE EFFORTS WITH ME. YES, COUNCIL MEMBER ACOSTA. YES, I WANTED TO ECHO WHAT THE OTHER COUNCIL MEMBERS HAVE SAID, WE'VE ALL RECEIVED COMMUNICATIONS ABOUT THIS AREA AND I'M REALLY GLAD THAT WE TOOK SWIFT ACTION AND ARE TAKING CARE OF IT. THANK YOU. OK. ANYONE ELSE? UM, SERGEANT BARRETT, YOU DID A VERY GOOD JOB ON MAKING YOUR PRESENTATION, SO WITH THAT, DO WE NEED MS. BREWER TO INTRODUCE THIS? YES, THANK YOU ALL. TITLE THE ORDINANCE FOR INTRODUCTION. THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION TEN POINT FOUR ZERO POINT THREE ZERO ONE OF THE CARLSBAD MUNICIPAL CODE TO ESTABLISH NO PARKING ZONES ALONG BOTH SIDES OF ARMADA DRIVE BETWEEN PALOMAR AIRPORT ROAD AND LEGOLAND DRIVE BETWEEN THE HOURS OF 11 P.M. AND 5 A.M.. THE REDUCTION OF THE ORDINANCE CONTAINED AN AGENDA ITEM NUMBER 11. PLEASE CALL ROLL. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL, AYE. ITEM NO. 11 PASSES UNANIMOUSLY. MOVING ON TO ITEM 12 ORDINANCE FOR ADOPTION. [12. ADOPTION OF ORDINANCE NO. CS-411…] NUMBER CS-411. MS. BREWER. [00:40:01] THANK YOU. THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 10.40 SECTION TEN POINT FOUR ZERO POINT ONE EIGHT ZERO REGARDING THE PARKING OF OVERSIZE VEHICLES. MR. BLACKBURN. MOTION TO ADOPT WOULD BE IN ORDER. MOVE ADOPTION OF THE ORDINANCE CONTAINED IN AGENDA ITEM NUMBER 12. SECOND. OH WAIT, IS THERE ANY SPEAKERS ON THIS ITEM? WILL CALL FOR SPEAKERS AT THIS TIME. ANYONE WISHING TO SPEAK ON ITEM 12, 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 THEY CALL YOUR NAME OR LAST FOUR DIGITS OF YOUR PHONE NUMBER, PLEASE PRESS STAR SIX TWO 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 NOT HAVE ANY SPEAKERS THERE. OK, PLEASE CALL ROLL AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL, AYE. THIS ITEM PASSES UNANIMOUSLY. MOVING ON TO PUBLIC HEARINGS, ITEM NUMBER 13, NEW VILLAGE ARTS THEATER. [13. THE NEW VILLAGE ARTS THEATRE] MR. CHADWICK INTRODUCTIONS. YES SIR AND MAKING A PRESENTATION TODAY IS OUR ASSOCIATE PLANNER JESSICA EVANS. THANK YOU, MR. CHADWICK. GOOD AFTERNOON, MAYOR AND CITY COUNCIL MEMBERS. THE FIRST PUBLIC ITEM HEARING TODAY. I'M SORRY. HERE WE GO. THE FIRST PUBLIC HEARING ITEM TODAY IS FOR THE NEW VILLAGE ARTS THEATER. THE APPLICANT IS REQUESTING THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A PERFORMANCE THEATER KNOWN AS THE VILLAGE ARTS, LOCATED AT 2787 STATE STREET. IN 2006, THE CITY SIGNED A LEASE WITH THE OPERATORS OF NEW VILLAGE ARTS TO OPERATE THE THEATER OUT OF THE CITY OWNED BUILDING. THE LEASE WAS FOR A TEMPORARY PERIOD OF THREE YEARS TO GAUGE THE COMMUNITY'S INTEREST IN ALLOWING IT TO BECOME A PERMANENT FIXTURE IN THE VILLAGE AREA. THE THEATER HAS SUCCESSFULLY BEEN OPERATING AT THIS LOCATION FOR CLOSE TO 15 YEARS, AND IT HAS BECOME AN INTEGRAL PART OF THE COMMUNITY THAT PROMOTES CULTURE AND ARTS IN THE VILLAGE AREA, AND AS THE COUNCIL IS AWARE, IN PART BECAUSE OF THE SUCCESS. EARLIER THIS YEAR, THE CITY COUNCIL APPROVED A 10 YEAR LEASE WITH THE THEATER OPERATORS WITH TWO FIVE YEAR EXTENSION OPTIONS. HOWEVER, DURING LEASE NEGOTIATIONS, STAFF FOUND THAT A CONDITIONAL USE PERMIT WAS NEVER FILED TO MAKE THE USE PERMIT AS REQUIRED UNDER THE VILLAGE AND BARRIO MASTERPLAN. IN TODAY'S ACTION WILL FORMALIZE THE THEATER'S CURRENT OPERATIONS. NEW VILLAGE ARTS CURRENTLY OPERATES AS A THEATER WITH ONE HUNDRED AND TWO SEATS, A BOX OFFICE MOBILE SERVICE COUNTER FOR SNACKS AND BEVERAGES, INCLUDING ALCOHOL, CLASSROOMS, OFFICES AND AN ARTIST'S WORKSHOP KNOWN AS THE FOUNDRY. THE APPLICANT HAS PROPOSED TO REMODEL THE INTERIOR TO RECONFIGURE THE EXISTING FLOOR SPACE. I'LL TALK A LITTLE ABOUT THAT LATER, AS THOSE IMPROVEMENTS ARE NOT SUBJECT TO THIS CONDITIONAL USE PERMIT, BUT BECAUSE THE THEATER USES AND OPERATIONS WILL GENERALLY REMAIN THE SAME. THE PROPOSED CONDITIONAL USE PERMIT BEFORE YOU TODAY SIMPLY MEMORIALIZE THE USE. THE CONDITIONS THAT HAVE BEEN IMPOSED FOR THE PERMIT ARE STANDARD FOR SIMILAR USES, EXCEPT FOR ONE, AS PART OF THE PERMIT, THERE IS A PROPOSED CONDITION OF APPROVAL THAT PLACES A LIMITATION THAT ALCOHOL MAY BE SERVED IN CONJUNCTION WITH THEATER PERFORMANCES OR SPECIAL EVENTS, AND THAT CONSUMPTION OF ALCOHOL MAY NOT BE PERMITTED OUTSIDE OF THE BUILDING. THE THEATER HAS BEEN OPERATING, THE THEATER HAS BEEN OPERATING WITHOUT IMPACTS TO THE SURROUNDING NEIGHBORHOOD AND WILL CONTINUE TO OPERATE IN THE SAME MANNER AS NO CHANGES TO THE PROPOSED TO THE USE ARE PROPOSED WITH THIS REQUEST. ALL PERFORMANCES AND BUSINESS OPERATIONS OCCUR WITHIN THE ENCLOSED BUILDING AND THEREFORE DOES NOT CREATE NOISE IMPACTS TO THE ADJACENT PROPERTIES. AND IN ADDITION, THERE HAVE BEEN NO COMPLAINTS RELATED TO THE SALE AND SERVICE OF ALCOHOL, AND THERE HAVE NOT BEEN ANY CODE ENFORCEMENT ISSUES RELATED TO THE OPERATIONS. WHILE NOT PART OF THE CONDITIONAL USE PERMIT, STAFF FELT IT IS APPROPRIATE TO DESCRIBE SOME OF THE CHANGES THAT ARE BEING PROPOSED, WHICH WILL BE PROCESSED AND APPROVED THROUGH THE BUILDING PERMIT PROCESS, CONSISTENT WITH THE VILLAGE AND BARRIO MASTER PLAN. THE IMAGE ON THE LEFT IS A CURRENT LOBBY AREA AND THE IMAGE ON THE RIGHT SHOWS THE PROPOSED IMPROVEMENTS. THE FOUNDRY WILL BE REPLACED WITH AN ART GALLERY. THE BOX OFFICE AND LOBBY AREA WILL BE UPDATED, RESTROOMS WILL BE EXPANDED AND A PERMANENT CONCESSION STAND WILL BE BUILT. THE ONE HUNDRED AND TWO SEAT THEATER WILL REMAIN AS IT IS TODAY. AND AGAIN, WHILE NOT PART OF THE CUP ACTION. [00:45:02] THE APPLICANT IS PROPOSING TO IMPROVE THE EXTERIOR FACADE OF THE THEATER. ON THE LEFT IS THE EXISTING BUILDING AND ON THE RIGHT IS A RENDERING THAT SHOWS THE PROPOSED CHANGES. THE THEATER WILL BE MAKING IMPROVEMENTS THAT INCLUDE THE REMOVAL OF THE MANSARD ROOF TO CREATE A FLAT ROOF APPEARANCE. TRELLIS STRUCTURES ABOVE THE SIDEWALK AREA WILL BE ADDED, AS WELL AS WOOD SITING AND NEW WINDOWS. ON SEPTEMBER 15TH, THE PLANNING COMMISSION HELD A PUBLIC HEARING FOR THE PROJECT, AND ONLY ONE COMMENT WAS RECEIVED BY THE BY THE PUBLIC IN SUPPORT. AND AFTER A COMMISSION DISCUSSION AND QUESTIONS, THE PLANNING COMMISSION UNANIMOUSLY VOTED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT. AND THEREFORE, IT BASED ON STUFF'S ANALYSIS AND THE PLANNING COMMISSION'S RECOMMENDATION STAFF IS RECOMMENDING THE CITY COUNCIL ADOPT THE RESOLUTION TO APPROVE THE PROJECT, AS DESCRIBED IN THE STAFF REPORT. THAT CONCLUDES MY PRESENTATION AND STAFF AND THE APPLICANT ARE AVAILABLE TO ANSWER ANY QUESTIONS. DOES THE APPLICANT HAVE A PRESENTATION? NO, BUT THEY ARE AVAILABLE TO ANSWER ANY QUESTIONS THAT THE CITY COUNCIL MAY HAVE. OK THEN, COULD WE HAVE PUBLIC COMMENT? MAYOR, WE SHOULD BE. YOU HAD TO TAKE PUBLIC COMMENT. CLOSE THE PUBLIC HEARING AND THEN ADOPT THE RESOLUTION AS APPROPRIATE. YEAH. SO WE'RE OPEN THE PUBLIC HEARING. WE'RE TAKING COMMENT. THIS TIME, I WOULD LIKE TO ASK THOSE WISHING TO SPEAK ON THIS ITEM TO 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. 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 NOT HAVE ANY SPEAKERS. WITH THAT, I'LL CLOSE THE PUBLIC COMMENT. AH MAYOR, I DID SEE MS. KURNER RAISED HER HAND FROM NEW VILLAGE ARTS. I'M SORRY, I THINK YOU MIGHT HAVE POPPED UP THE LAST SECOND. I DIDN'T SEE IT, SO WE'LL LEAVE THE PUBLIC COMMENT OPEN AND SHE WOULD LIKE TO SAY SOMETHING. HI, EVERYBODY, I JUST WANTED TO TAKE JUST A MOMENT I KNOW WE DIDN'T HAVE AN OFFICIAL PRESENTATION, BUT I'M CHRISTIANE KURNER. I'M THE FOUNDER AND EXECUTIVE ARTISTIC DIRECTOR OF NEW VILLAGE ARTS. I WANTED TO SAY HOW PROUD WE ARE WITH OUR LONG HISTORY WITH THE CITY OF CARLSBAD. HOW THRILLED WE ARE WITH THE POSSIBILITY OF WHAT THIS RENOVATION CAN DO TO CREATE A TRUE CULTURAL GATHERING SPACE IN THE HEART OF OUR CITY. AND HOW, ALTHOUGH IT'S BEEN A LONG PROCESS, WE ARE THRILLED TO BE CLOSER TO BEING ABLE TO GET STARTED AND TURN THAT BUILDING INTO A REALLY SPECIAL PLACE FOR ALL OF CARLSBAD AND BEYOND. SO THANK YOU VERY MUCH FOR THE CONSIDERATION, AND WE'RE DEFINITELY HERE TO ANSWER ANY QUESTIONS THAT ANYONE MIGHT HAVE. OK, THANK YOU, MS. KURNER. WE'LL CLOSE THE PUBLIC TESTIMONY THEN AND BRING IT BACK TO COUNCIL. COUNCIL ANY QUESTIONS? ANY COMMENTS? MR. NORBY. AND I JUST WANT TO KIND OF COMMENT JUST JUST A BIT HERE. I CAN REMEMBER WHERE THE LUMBER WAS ON THAT BACK WALL, KIND OF WHERE THE COUNTER IS RIGHT NOW, WHERE YOU GET YOUR YOUR SEATS AND WHERE THE ELECTRICAL SUPPLIES WERE AND WHEN IT WAS BOWER LUMBER. AND I REMEMBER THAT AND I REMEMBER PROBABLY 20 YEARS OF USED MATTRESS AND USED FURNITURE AND JUST REALLY KIND OF I GUESS I'LL USE THE WORD BLIGHT, BUT LOW PERFORMING RETAIL. AND THEN I REMEMBER NEW VILLAGE ARTS COMING IN AND I WANT TO CONGRATULATE NEW VILLAGE ARTS FOR WHAT THEY HAVE DONE KIND OF INTERNALLY WITH THEIR ORGANIZATION AND THEIR OPERATIONS. BUT FAR MORE IMPORTANTLY FOR THAT, I THINK THE CITY WAS WISE, IN ITS PARTNERSHIP WITH NEW VILLAGE ARTS AND NEW VILLAGE ARTS WAS THE FIRST ONE AND THE CATALYST THAT HAS REALLY, REALLY LAUNCHED NORTH STATE STREET INTO SOMETHING THAT WE CAN BE PROUD OF. AND IT'S JUST GREAT TO SEE THE TYPES OF OPERATIONS THAT WE HAVE COMING IN AROUND THERE, WHETHER IT'S HANDLES OR WHETHER IT'S, I DON'T WANT TO GIVE NUMBERS FOR ALL THE NAMES, BUT THE ADAPTIVE REUSES OF THE STRUCTURES THAT ARE ON THAT BLOCK. IT'S JUST FANTASTIC. AND SO THIS IS JUST A REAL KIND OF HEARTFELT THANK YOU TO NEW VILLAGE ARTS AS WELL AS THE CITY FOR THEIR WISDOM. AND IT'S JUST IT'S BEEN, I THINK, THE POSTER CHILD OF HOW THE ARTS CAN REALLY IMPACT AN AREA AND REALLY ELEVATE AN AREA AND BRING THE COMMUNITY TOGETHER CULTURALLY SO THEY CAN HAVE REALLY GREAT HUMAN RELATIONS. AND I'M LOOKING FORWARD TO SEEING THAT CONTINUE. [00:50:01] THANK YOU. YES, DR. BHAT-PATEL. THANK YOU, I THINK COUNCIL MEMBER NORBY LAID THE STAGE FOR SOME REALLY GREAT COMMENTS, SO I'LL JUST ECHO MANY OF THE SENTIMENTS THAT HE HAD AND THEN ALSO JUST SAY THAT I WANT TO REALLY EMPHASIZE HOW AWESOME NEW VILLAGE ARTS HAS BEEN OVER, ESPECIALLY THE LAST COUPLE OF YEARS WITH REGARDS TO HAVING TO CHANGE AND SHIFT DURING COVID AND STILL PROVIDING OUR COMMUNITY WITH SOME FUN ARTS AND CULTURE EXPERIENCES. AND SO I JUST WANTED TO SHARE THAT. OF COURSE, WE'VE HAD THE OPPORTUNITY TO DO THAT ON THE CITY LEVEL, TOO, BUT IT IS A PARTNERSHIP, AND I JUST WANTED TO SAY THANK YOU FOR CONTINUING TO BE GOOD PARTNERS AND PROVIDING THOSE AVENUES FOR OUR COMMUNITY. SO LOOKING FORWARD TO CONTINUING TO HAVE YOU ALL HERE. YES. COUNCIL MEMBER ACOSTA. THANK YOU. I WANTED TO ALSO EXPRESS GRATITUDE AND EXCITEMENT FOR NEW VILLAGE ARTS AS IT CONTINUES TO DEVELOP BECAUSE IT CERTAINLY HAS BEEN AN IMPORTANT ANSWER TO THE COMMUNITY'S QUESTION CAN WE GET MORE ARTS? CAN WE GET MORE CULTURAL ARTS IN THIS AREA? AND WE CONTINUE TO HEAR IT AS MUCH AS HAS BEEN DONE IN THIS AREA WITH MURALS AND PUBLIC ART? THERE'S JUST SUCH A DEMAND AND AND I LOVE IT. I FEEL LIKE IT'S PART OF THAT INTANGIBLE THAT WE HAVE IN CARLSBAD. THIS FEELING OF CAN WE GET MORE CULTURAL ENRICHMENT? AND NEW VILLAGE ARTS HAS BEEN ANSWERING THE CALL AND PARTICULARLY DURING THE PANDEMIC, AS COUNCIL MEMBER BHAT-PATEL MENTIONED WITH TRANSITIONING TO A LOT OF VIRTUAL. ONE OF THE THINGS THAT REALLY TOUCHED MY HEART, OF COURSE, WAS CAPTURING THE STORIES OF SOME OF THE ELDERLY FOLKS LIVING IN ASSISTED LIVING. AND LITTLE DID I KNOW AND I DIDN'T KNOW MY GRANDMOTHER WAS PROFILED IN THAT JUST BEFORE SHE PASSED. AND IN FACT, THE THE PERFORMANCE OF HER STORY. HER REALLY AMAZING STORY WAS RELEASED AFTER SHE PASSED. SHE WAS THE ONLY ONE WHO PASSED AWAY DURING THE FILMING. BUT IT WAS. IT WAS JUST REALLY COOL TO SEE THAT NEW VILLAGE ARTS WAS WAS REALLY FEATURING THE ELDERLY PEOPLE WHO LIVE IN CARLSBAD AND THEIR AMAZING LONG STORIES. NINETY EIGHT YEARS OF STORIES IN THE CASE OF MY GRANDMOTHER. SO VERY COOL. VERY EXCITING TO SEE NEW VILLAGE ARTS DO THIS NEW THING. WHEN I DID THE TASTE OF CARLSBAD VILLAGE EVENT, THAT WAS ONE OF THE LOCATIONS WHERE WE STOPPED AND LOOKED AROUND AND WERE ABLE TO GET A TASTE OF SOME, SOME FOOD. I CAN'T REMEMBER EXACTLY WHAT THEY WERE. THEY WERE OFFERING AS THE THE FOOD THERE, BUT WE GOT TO LOOK AROUND AND SEE THEY HAD SOME RENDERINGS ALSO OF SOME DREAMS THEY HAD FOR HOW TO TRANSFORM THE SPACE. SO NOW WE GET TO SEE IT ALL THE WAY BROUGHT TO US ON THE CITY COUNCIL, AND IT'S VERY EXCITING TO SEE THAT KIND OF GROWTH. SO THANK YOU. MR. BLACKBURN. I JUST NOT TO BE OUTDONE BY COUNCIL MEMBER NORBY THINKING BACK 30 YEARS AGO, BAUER LUMBER WAS MY HOME DEPOT. I KIND OF MISS IT. BUT IF IT HAS TO BE REPLACED BY, SOMETHING COULD HAVE BEEN REPLACED BY ANYTHING BETTER THAN NEW VILLAGE ART. SO I ABSOLUTELY SUPPORT THE RESOLUTION TONIGHT. GO AHEAD AND MAKE THE MOTION MS. MR. BLACKBURN. I THINK IT NEEDS A READING FROM THE ATTORNEY. DOES IT? I DON'T THINK SO. NO. OK, I'M SORRY. MOVE ADOPTION OF THE RESOLUTION CONTAIN AN AGENDA ITEM 13. OK. PLEASE CALL ROLL. COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE. MAYOR HALL AYE. PASSES UNANIMOUSLY. AGAIN. STAFF JOB WELL DONE. MOVING ON TO ITEM 14 AND THIS IS A PUBLIC HEARING. [14. JEFFERSON STREET APARTMENTS] JEFFERSON STREET APARTMENTS MR. CHADWICK YOU WANT TO MAKE THE INTRODUCTIONS? YES, SIR. MAKING OUR PRESENTATION TODAY IS OUR SENIOR PLANNER, MR. JASON GALL JASON. THANK YOU, MR. CHADWICK, MAYOR, MEMBERS OF THE COUNCIL. GOOD AFTERNOON. WE START THE PRESENTATION HERE. THE PROJECT BEFORE YOU TODAY, TITLED AS JEFFERSON STREET APARTMENTS, IS SITUATED ON A DEVELOPED POINT THREE ACRE PARCEL LOCATED AT THIRTY THIRTY NINE JEFFERSON STREET, JUST SOUTH OF CARLSBAD VILLAGE DRIVE AND NORTH OF OAK AVENUE. THE MADISON STREET ALLEY RUNS NORTH SOUTH ALONG THE PROJECT'S WESTERN BOUNDARY. THE PROJECT SITE IS LOCATED WITHIN THE CARLSBAD VILLAGE AND BARRIO MASTER PLAN AND THE COASTAL ZONE. THE SITE IS A RELATIVELY LOW LEVEL PROPERTY, WITH FOUR ONE STORY COMMERCIAL OFFICE BUILDINGS THAT WERE BUILT IN 1976 SURROUNDING LAND USES CONSIST OF A MIX OF COMMERCIAL OFFICE, SINGLE FAMILY, RESIDENTIAL AND MULTIFAMILY RESIDENTIAL. THE APPLICANT IS REQUESTING TO REPLACE THE EXISTING COMMERCIAL OFFICE BUILDINGS [00:55:03] WITH A SINGLE THIRTY FIVE THOUSAND EIGHT HUNDRED AND FIFTY FIVE SQUARE FOOT FOUR STORY MIXED USE BUILDING, WHICH INCLUDES 17 RESIDENTIAL APARTMENTS UNITS RANGING IN SIZE FROM EIGHT HUNDRED AND TEN SQUARE FEET TO SIXTEEN HUNDRED AND TEN SQUARE FEET AND TWO THOUSAND ONE HUNDRED EIGHTY FIVE SQUARE FEET OF COMMERCIAL RETAIL. LOCATED ON THE GROUND FLOOR FRONTING JEFFERSON STREET, THE RESIDENTIAL DENSITY OF THIS PROJECT WITH THE REQUEST OF THIRTY FIVE PERCENT STATE DENSITY BONUS, WILL RESULT IN A PROJECT DENSITY OF FIFTY THREE DWELLING UNITS PER ACRE IN EXCHANGE FOR THE INCREASED DENSITY, THE PROJECT IS PROVIDING THREE AFFORDABLE RENTAL UNITS ON SITE, WHICH EQUATES TO 20 PERCENT INCLUSIONARY HOUSING BEING MADE TO LOW INCOME HOUSEHOLDS. THESE THREE LOW INCOME UNITS REQUIRED UNDER STATE DENSITY BONUS WILL ALSO SATISFY THE AFFORDABLE HOUSING REQUIREMENTS OF THE CITY'S INCLUSIONARY HOUSING ORDINANCE. LOCATED BETWEEN THE TWO GROUND FLOOR RETAIL SUITES, THE PROJECT ALSO INCLUDES A LOBBY FOR ACCESSING THE THREE RESIDENTIAL LEVELS ABOVE. PARKING WILL BE PROVIDED ON SITE WITH THE CONSTRUCTION OF A GROUND LEVEL PARKING GARAGE, WHICH WILL HAVE 19 PARKING SPACES ABOVE THE RETAIL COMMERCIAL SUITES IS A ROOF TERRACE WITH A ONE THOUSAND EIGHTY FIVE SQUARE FOOT COMMON RECREATIONAL AMENITY RESERVED FOR THE RESIDENTIAL TENANTS OF THE BUILDING. SOLAR PANELS HAVE BEEN LOCATED ON THE ROOF AND ELECTRICAL VEHICLE CHARGING SPACES ARE PROPOSED WITHIN THE PARKING GARAGE. AT THE STREET LEVEL ALONG JEFFERSON, THE EXISTING DRIVEWAY THAT YOU SEE HERE ON THE SLIDE THAT IS CURRENTLY ACCESSING THE PROJECT SITE WILL BE CLOSED AND REPLACED WITH A NEW PARKWAY, LANDSCAPED SIDEWALK, CURB AND GUTTER. CLOSING THIS DRIVEWAY NOT ONLY ENHANCES THE STREET SCENE, BUT ALSO CREATES ADDITIONAL PARALLEL PARKING ALONG JEFFERSON STREET. THE LARGE CITY STREET TREE THAT YOU SEE IN THE PARKWAY IS ALSO PROPOSED TO REMAIN. THIS PROJECT WAS ANALYZED FOR CONSISTENCY WITH ALL REQUIRED CITY CODES, POLICIES AND STANDARDS, AND THAT THE STAFF REPORT AND RESOLUTION BEFORE YOU TODAY CONTAINS ALL THE ANALYSIS AND FINDINGS TO SUPPORT THE PROJECT APPROVAL. ADDITIONALLY, STATE LAW INCLUDES THE HOUSING ACCOUNTABILITY ACT WITH SPECIFIC REQUIREMENTS ON CITY ACTIONS FOR HOUSING PROJECTS. CITIES CANNOT DISAPPROVE A PROJECT OR IMPOSE A CONDITION REQUIRING LOWER DENSITIES UNLESS THE CITY FINDS BASED ON A PREPONDERANCE OF EVIDENCE THAT THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY, OR THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID SUCH ADVERSE IMPACT. BASED ON THE EVIDENCE PROVIDED, STAFF DOES NOT FIND THAT THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY. AT THE SEPTEMBER 15TH PLANNING COMMISSION, HEARING STAFF PRESENTED THE PROJECT. THE APPLICANT MADE THEIR PRESENTATION IN ONE MEMBER OF THE PUBLIC ASKED TO HAVE THEIR COMMENTS READ INTO THE RECORD. STAFF ADDRESSED QUESTIONS FROM THE PLANNING COMMISSION PERTAINING TO PROJECT DENSITY, BUILDING HEIGHT, PARKING AND TRAFFIC. AS EXPLAINED TO THE COMMISSION AND DETAILED IN THE STAFF REPORT, THE PROJECT COMPLIES WITH ALL APPLICABLE DEVELOPMENT STANDARDS WITHOUT THE NEED OF CONCESSIONS, INCENTIVES OR WAIVERS. FOLLOWING PLANNING COMMISSION DELIBERATION, THE PLANNING COMMISSION VOTED TO RECOMMEND APPROVAL OF THE PROJECT BY A VOTE OF SEVEN TO ZERO. THE PLANNING COMMISSION AND STAFF ARE RECOMMENDING THAT THE CITY COUNCIL ADOPT THE RESOLUTION, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT FOR THE JEFFERSON STREET APARTMENT PROJECT BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN. THIS DOCUMENT IS IDENTIFIED IN THE COUNCIL STAFF REPORT AS EXHIBIT ONE. THIS CONCLUDES MY PRESENTATION. HOWEVER, BEFORE WE MOVE ON, I'D LIKE TO POINT OUT THAT THE APPLICANT IS HERE TODAY AND IS AVAILABLE FOR ANY QUESTIONS. THANK YOU. ARE THERE ANY QUESTIONS OF STAFF AT THIS TIME? DID THE APPLICANT WANT TO MAKE A PRESENTATION? NO, THEY DID NOT. OK, THEN LET'S GO TO PUBLIC SPEAKERS. OPEN THE PUBLIC. COMMENT. THE PUBLIC HEARING. THANK YOU, MAYOR. AT THIS TIME, I WOULD LIKE TO ASK THOSE WISHING TO SPEAK ON ITEM 14 TO 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. YOU WILL HAVE THREE MINUTES TO MAKE YOUR COMMENTS. YOU WILL BE PERMITTED ONCE YOU HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. WE DO HAVE A SPEAKER. THE CALLER ENDING WITH SEVEN, SIX, NINE. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD AFTERNOON TO COUNCIL MEMBERS AND MAYOR HALL. MY NAME IS KEN HOLLAR. I LIVE IN A COUNCIL DISTRICT NUMBER ONE. MR. NORBY IS OUR REPRESENTATIVE. I'M CALLING TODAY TO TALK TO YOU ABOUT THE FACILITY. [01:00:02] THE APARTMENT COMPLEX PROPOSED FOR 225. IT'S A FOUR STORY, A MULTI-USE COMPLEX WITH 17 APARTMENTS, TWO RETAIL OUTLETS AND 19 SPACES. IT'S LOCATED ROUGHLY TO THE NORTH, ON THE BLOCK TO THE NORTH AT CARLSBAD VILLAGE. THE EAST ON JEFFERSON, THE WEST FOR THAT BLOCK IS MADISON. THE SOUTH IS OPEN. WE KNOW THAT THERE'S A LOT OF ACTIVITY ON OAK. OTHER CONSTRUCTION FOR HOUSING UNITS AT OAK AND MADISON, THERE ARE THREE UNITS DIFFERENT COMPLEXES BEING BUILT. ONE IS AT THE CORNER OF THAT CORNER ACROSS FROM DR. WILLIS OFFICE AND FOR SIX CONDOS IN THERE. AND THE PRICE STARTING PRICE FOR THAT PIECE OF PROPERTY IS ONE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS. NOW, THESE DAYS, WITH ALL THE DRUM BEATING ABOUT AFFORDABLE HOUSING HOUSING COSTS FOR FOUR INDIVIDUALS IN THAT RANGE, IT MOST CERTAINLY IS NOT NOT AFFORDABLE. CONCERN I HAVE FOR THAT PROPERTY IS ALSO THAT ON THAT BLOCK, THERE'S ONLY THERE ARE ALL THOSE BUILDINGS ON THAT BLOCK ARE SINGLE STORY HOMES OR OFFICES OR BUILDINGS, RETAIL SPACE, EXCEPT FOR THE KFC, WHICH IS TWO STORY. THIS IS JUST SOUTH ON THE ON THE WEST SIDE OF JEFFERSON NEAR HAL'S CAFE, WITH THERE BEING ONLY 19 PARKING SPACES ALLOTTED FOR GARAGE SPACE. IF EACH APARTMENT HAS TWO ADULTS IN IT, YOU WOULD THINK THAT THERE WOULD BE ONE CAR EACH FOR THOSE PEOPLE, WHICH MAKES PUTS 14 OR 17 CARS ON THE STREET. THIS WILL IMPACT THE LOCAL PARKING. THEIR APARTMENT BUILDING ON OAK AND JEFFERSON HAS BEEN THERE A LONG TIME, IT'S THREE STORY. AND SO THERE WOULD BE A GREAT IMPACT OF PARKING ON THE STREET IN THAT AREA. I DON'T KNOW WHERE THE PATRONS THAT WANT TO SOLICIT THOSE ARE THOSE RETAIL SPACES THEY'RE GOING TO PARK TO GET IN THERE. ALSO THIS THIS FOUR STORY MONSTROSITY BUILT ON THIS BLOCK WILL LOOK LIKE A CORN STALK IN A WHEAT FIELD OUT THERE, SO I THINK [INAUDIBLE] CAN BE GOOD. PART OF THE COASTAL COMMISSION PLAN HIGHLIGHTS VIEW RESOURCE MANAGEMENT AND THE MOST CERTAINLY WITH THIS FOUR STORY BUILDING. THERE GOES THE VIEW. THAT INCLUDES ALL OF OUR SPEAKERS, MAYOR. OK, WITH THAT, I'LL CLOSE THE PUBLIC TESTIMONY AND BRING IT BACK TO COUNSEL ANY QUESTIONS ON THIS. MR. NORBY. I'D LIKE TO JUST THANK THE SPEAKER FOR CALLING IN AND BEING INVOLVED IN THIS NEIGHBORHOOD AND ON THE PARKING CALCULATIONS FOR, YOU KNOW, I TRUST STAFF HAS DONE THEIR WORK AND IT'S BEEN [INAUDIBLE] WITH THE PLANNING COMMISSION. BUT IS THERE HOW MANY HOW MANY PARKING'S WERE PAID FOR IN LIEU IN THIS PROJECT, IF ANY? COUNCIL MEMBER NORBY, NO, THERE IS NO NO PARKING PAID FOR IN LIEU, ALL THE PARKING BEING PROVIDED ON SITE IS PROVIDED UNDER OUR MUNICIPAL CODE AND STATE LAW. REGARDING PROJECTS LOCATED WITHIN CLOSE PROXIMITY TRANSIT, CLOSE PROXIMITY IS POINT FIVE MILES OF THE VILLAGE ACOSTA STATION. OK, AND SO THAT'S THAT THAT ALLOWS ESSENTIALLY A LOWERING OF OUR PARKING STANDARDS IF YOU'RE BEYOND HALF A MILE. THAT IS CORRECT. AND IF THAT STATE LAW. YES. OK. SO I APPRECIATE THAT, AND I THINK, MAYOR, IF IT'S OK, I'LL JUST ADD A QUICK COMMENT HERE. I KNOW THAT WE'RE IN THE QUESTION SECTION, BUT MY COMMENT WOULD BE TO THE APPLICANT BEING VERY INVOLVED. FIRST OF ALL, HAPPY TO HEAR THAT YOU'RE HAVING AN ELECTRIC VEHICLE CHARGERS IN THERE, BUT BEING VERY INVOLVED IN THAT SPACE AND SEEING LITERALLY PROBABLY A HUNDRED BUILDINGS BEING BUILT FOR 10 YEARS, EVERY SINGLE DEVELOPED DEVELOPMENT, WHICH IS [01:05:01] FIVE YEARS LATER, THAT THEY HAD DONE MORE CHARGING AND THEY FIND THEMSELVES UPSIDE DOWN REAL QUICK. SO JUST TO COMMENT AND NOTHING THAT I WANT TO CONDITION OR ANYTHING BUT REALLY PUT AS MANY EV CHARGERS IN THERE AS YOU CAN BECAUSE YOU'RE GOING TO REGRET THE FACT THAT YOU DIDN'T DO THAT FIVE OR 10 YEARS FROM NOW. ANY OTHER QUESTIONS OR COMMENTS? YES. COUNCIL MEMBER ACOSTA. YEAH, I HAD A QUESTION, THANK YOU. AND THANKS FOR THE GREAT PRESENTATION IN LOOKING THROUGH THE THE REPORT AND LISTENING ALSO TO THE PRESENTATION AND KEEPING IN MIND SOME OF THE PUBLIC COMMENT. WHAT WERE THE ACTUAL CONCERNS ABOUT HEIGHT AND WHAT WERE THE ANSWERS TO THOSE? WE ARE LOCATED IN AN AREA THAT HAS ONE, TWO THREE STORY BUILDINGS AROUND THE PROXIMITY OF IT. THERE IS NO PROVISION THAT RESTRICTS YOU FROM DEVELOPING A MULTI-STORY BUILDING ADJACENT TO A ONE STORY BUILDING. THERE'S NO PROVISIONS IN THAT CASE. THE IDEA IS THAT EVENTUALLY THE NEIGHBORHOODS, AS YOU SEE MORE AND MORE GOING UP, ESPECIALLY ALONG WHAT YOU SEE ALONG STATE STREET, AS THOSE UNITS HAVE GONE UP, YOU'VE SEEN THE OTHER BUILDINGS GENTRIFYING AND ALSO GOING UP WITH HIGHER HIGHER BUILDINGS. AND THE EXPECTATION WITHIN THE VILLAGE CENTER IS THAT'S WHAT YOU'LL SEE AS AS THE DEVELOPMENT CONTINUES. YEAH. SO JUST TO CLARIFY THAT THOSE HEIGHTS ARE ALLOWED. THERE'S NOTHING SPECIAL, NO WAIVER, NO NOTHING EXTRA BEING GIVEN TO THIS DEVELOPMENT. THAT IS THAT IS WHAT IS THERE EXISTING ALREADY IN OUR POLICY, RIGHT? THAT IS CORRECT. OK, GREAT. AND THEN THERE WAS ONE OTHER THING THAT I WANTED TO CALL OUT, WHICH WAS THE PRESERVATION OF THE TREE. I UNDERSTOOD THAT THE PLANNING COMMISSION TALKED A BIT ABOUT THAT. CAN YOU EXPLAIN WHAT THAT ISSUE WAS? IT WASN'T NECESSARILY AN ISSUE. THERE WAS A THERE WAS A DESIRE TO SEE THE TREE REMAIN. IT IS A CITY STREET TREE. IF YOU LOOK DOWN JEFFERSON STREET, THERE ARE SEVERAL OF THOSE. I WOULDN'T CALL THEM HISTORICAL, BUT THE GOOD SIZE MATURE TREES THAT ARE ALONG THEIR FICUS TREES THAT ARE ALONG THERE. AND SO AS PART OF THIS DEVELOPMENT, THERE WAS AN ARBORIST THAT WAS PART OF THE DEVELOPMENT TEAM. WE MET WITH THE PARKS DEPARTMENT WITH THE ARBORIST, OUR CITY'S LANDSCAPE CONSULTANT AS WELL. DOWN AT THE SITE DEVELOPED PRESERVATION PLAN FOR THAT TREE SO THAT IN THE DURING CONSTRUCTION, THAT TREE WOULD BE PROTECTED IN PLACE LEADING UP TO IT DURING CONSTRUCTION AND AFTER. GREAT, THANK YOU, AND I WANTED TO CALL THAT ONE OUT BECAUSE I SEE IT AS AN EXAMPLE OF STAFF REALLY TRYING TO WORK TO ADDRESS A COMMUNITY CONCERN, SOMETHING THAT WAS BROUGHT UP BY THE COMMUNITY AND MAKING SURE THAT WE'RE WORKING WITH THE DEVELOPER TO DO OUR BEST TO MAKE SURE THAT IS WORKED AROUND AND HOPEFULLY THAT IT SURVIVES. BUT BUT I DID READ ABOUT THAT AND I JUST WANTED TO CALL THAT OUT BECAUSE THAT KIND OF COLLABORATION IS REALLY IMPORTANT. AND I'M I'M JUST REALLY GLAD TO SEE THAT OUR STAFF ALWAYS GOES ABOVE AND BEYOND TO MAKE SURE THAT WE ADDRESS THOSE KINDS OF CONCERNS VERY SERIOUSLY. AND WE WE DO THE EXTRA WORK REQUIRED TO MAKE SURE THAT THE COMMUNITY IS SATISFIED. SO THANK YOU FOR DOING THAT. AND AND I ALSO APPRECIATE THE EV CHARGERS. THANK YOU FOR MENTIONING THAT. COUNCIL MEMBER NORBY. OTHER QUESTIONS OR COMMENTS. DR. JUST A BRIEF QUESTION, AND THIS IS MORE AGAIN, JUST TO CLARIFY A POINT THAT WAS MADE EARLIER. SO I KNOW THAT YOU ALL HAD MENTIONED AND THIS WAS A CONCERN BROUGHT UP BY SOMEBODY THAT HAD COME TO THE PLANNING COMMISSION. AND I THINK MAYBE ONE OF THE SPEAKERS JUST TODAY. BUT WITH REGARDS TO DENSITY, SO THE DENSITY BONUS THAT IS GIVEN IS GIVEN THROUGH THE STATE. THAT'S CORRECT, RIGHT? OK. AND AND THAT IS SOMETHING THAT WE AS A CITY ARE UNABLE TO CONTROL. IT'S SOMETHING THAT IF IF THEY APPLY THROUGH THE STATE, THEN THE STATE HAS THE ABILITY TO PROVIDE THAT DENSITY BONUS. IT IS A STATE DENSITY BONUS, IT IS WRITTEN INTO OUR ORDINANCE, SO IT DOES ADDRESS STATE DENSITY BONUS. OK, PERFECT. ALL RIGHT. THANK YOU. AND MR. BEFORE, DID YOU HAVE A COMMENT MR. BLACKBURN. NO, JUST READY TO MAKE THE MOTION. GIVE ME 30 SECONDS, IF YOU WOULD. I THINK THIS IS A GOOD POINT. A GOOD MOMENT TO MAKE A POINT THAT YOU KNOW, THIS IS IN ONE OF OUR, YOU KNOW, WHEN WE THINK OF SANDAG AND ALL THE MULTIMODAL HUBS, THIS IS WITHIN THAT CIRCUMFERENCE OF THAT. AND SO WHEN YOU THINK ABOUT THE DENSITY AND THE DENSITIES THAT THEY'RE TALKING ABOUT TO MAKE TRANSIT WORK, WHAT YOU'RE SEEING HERE TODAY IS REALLY GOING TO BE A VERY SHORT BUILDING IF THEY CONTINUE DOWN THE LINES THAT THEY'RE HEADED. SO I JUST WANT TO MAKE EVERYONE HERE AND THOSE THAT ARE WATCHING. IT'S GOING TO BE VERY HARD TO KEEP THE HEIGHT DOWN UNLESS WE TAKE SOME PRETTY STRONG ACTION. SO WITH THAT, MR. BLACKBURN. MOVE ADOPTION OF THE RESOLUTION CONTAINED IN AGENDA ITEM NUMBER 14. PLEASE CALL ROLL. COUNCIL MEMBER ACOSTA AYE. COUNCIL MEMBER BHAT-PATEL, AYE. [01:10:01] MAYOR PRO TEM BLACKBURN AYE. MAYOR HALL AYE. SO ITEM 14 PASSES UNANIMOUSLY. MOVING ON TO DEPARTMENTAL AND CITY MANAGER REPORTS. ITEM NUMBER 15 DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON [15. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC MEETING ON DEC. 16, 2021] PUBLIC MEETINGS ON DECEMBER 16. ALL RIGHT. THANK YOU, SIR. YES, THANK YOU, SIR. AND ON SEPTEMBER 16TH, 2021, GOVERNOR NEWSOM SIGNED ASSEMBLY BILL THREE SIXTY ONE, WHICH WAS RELATED TO OPEN MEETINGS FOR STATE AND LOCAL AGENCIES. AND REALLY, IT APPLIES TO THE TECHNOLOGY THAT WE'RE USING OUR ABILITY TO BASICALLY GO VIRTUAL. SO CITY COUNCIL HAS THE ABILITY FOR EACH MONTH TO MAKE THAT DETERMINATION FOR THE FOLLOWING MONTH. PREVIOUSLY, COUNCIL MADE THAT DETERMINATION ON NOVEMBER 16TH ABOUT WE WOULD RETURN BACK. SO JOINING US FOR A PRESENTATION TODAY IS OUR FIRE CHIEF, CHIEF CALDERWOOD, ON THE DATA THAT WE'RE SEEING RELATED TO COVID, AS WELL AS ANY CHANGES IN STATE LAW WHICH RECENTLY OCCURRED. CHIEF CALDERWOOD. ALL RIGHT. THANK YOU, CITY MANAGER CHADWICK AND GOOD AFTERNOON, MAYOR AND CITY COUNCIL MEMBERS. I ALSO HAVE A LITTLE ASSISTANCE FROM OUR CITY CLERK'S OFFICE FOR SOME SLIDE PRESENTATIONS DURING THIS UPDATE. I'M GOING TO KEEP TODAY'S PRESENTATION VERY SHORT AS YOU HAVE ALREADY AGREED TO EXTEND VIRTUAL CITY COUNCIL MEETINGS THROUGH THE REMAINDER OF DECEMBER WITH A REEVALUATION IN THE MONTH OF JANUARY. SINCE WE LAST DISCUSSED THE TOPIC, THE GOVERNOR OF CALIFORNIA HAS MADE AN ANNOUNCEMENT THAT HE IS ONCE AGAIN IMPOSING A STATEWIDE INDOOR MASK MANDATE REGARDLESS OF VACCINATION STATUS STARTING TOMORROW AND CONTINUING UNTIL AT LEAST JANUARY 15TH. THIS ORDER CAME OUT FOLLOWING THE ANNOUNCEMENT THAT CALIFORNIA'S PER CAPITA RATE OF NEW COVID CASES HAS JUMPED FORTY SEVEN PERCENT IN THE PAST TWO WEEKS, ALTHOUGH THE OMICRON MOTION VARIANT HAS BEEN FOUND IN CALIFORNIA. OFFICIALS ARE NOT ATTRIBUTING THIS HIKE TO THE NEW VARIANT, BUT RATHER TO THE WINTER SEASON AND THE THANKSGIVING HOLIDAY. NEXT, I'D LIKE TO SHARE SOME MORE SOME OF THE MOST RECENT LOCAL OUTLOOK INFORMATION VIA THE SLIDE. ON THE SCREEN, YOU WILL SEE THE MOST RECENT DATA PROVIDED BY THE COUNTY DASHBOARDS. THAT BEING SAID, THE COUNTY DOES HAVE SOME CONFLICTING DATA BETWEEN THEIR LATEST DASHBOARDS AND THEIR LATEST WRITTEN REPORTS. WHILE THE NUMBERS DO HAVE SLIGHT, SLIGHT VARIATIONS, DEPENDING ON THE SOURCE, THEY ARE ALL CONSISTENT IN DELIVERING THE MESSAGE THAT THE SPREAD OF COVID 19 IS LIKELY INCREASING. FOR CONSISTENCY WITH OUR LAST CONVERSATION, I'M SHOWING INFORMATION FROM THE COUNTY'S MOST RECENT CASE RATE DASHBOARD. THIS SHOWS COUNTY WIDE TRANSMISSION RATE AT SUBSTANTIAL AT TWELVE POINT ONE, AND CARLSBAD IS OVERALL SUBSTANTIAL. CARLSBAD OVERALL RATE AT SUBSTANTIAL WITH EIGHT POINT NINE. THERE IS A ZIP CODE BREAKDOWN OF NINE TWO ZERO ZERO EIGHT SUBSTANTIAL TRANSMISSION AT EIGHT POINT SEVEN, NINE TWO ZERO ZERO NINE, SUBSTANTIAL AT EIGHT POINT NINE. NINE, TWO ZERO ONE ZERO. HIGH. AT A RATE OF FOURTEEN POINT SIX AND NINE TWO ZERO ONE ONE MODERATE AT A RATE OF SIX. THE NEXT SLIDE SHOWS THE ACTIVE CASES IN CARLSBAD AT TWO HUNDRED AND EIGHT. YOU WILL ALSO NOTICE THAT CARLSBAD DOES SEEM TO HAVE BEEN HOVERING AROUND THE TWO HUNDRED ACTIVE CASE MARK SINCE OCTOBER. SO I COULDN'T BE MORE EAGER TO RETURN TO IN-PERSON COUNCIL MEETINGS AND IN PERSON WHILE EVERYTHING FOR THAT MATTER AND WITHOUT A MASK. BUT BASED ON THE INFORMATION PROVIDED TONIGHT AND WITH THE STATEWIDE INDOOR MASK MANDATE EXTENDED UNTIL AT LEAST JANUARY 15TH, I RECOMMEND THAT COUNCIL CONTINUE THE VIRTUAL CITY COUNCIL MEETINGS THROUGH THE MONTH OF JANUARY AND RECONSIDER VIRTUAL COUNCIL MEETINGS AT THE JANUARY 25 MEETING TO DETERMINE THE STATUS OF FEBRUARY MEETINGS. THE JANUARY 25 FIFTH MEETING IS BEYOND THE CURRENT TIMELINE FOR THE GOVERNOR'S MASK MANDATE AND WILL ALLOW FOR THE HOLIDAY CASE REPORTS TO BE RECEIVED. THIS RECOMMENDATION IS CONSISTENT WITH OPTION ONE ADOPT A RESOLUTION MAKING FINDINGS THAT IS IN THE INTEREST OF PUBLIC HEALTH TO CONTINUE HOLDING VIRTUAL PUBLIC MEETINGS UNTIL [01:15:01] JAN. 14. TWENTY TWENTY TWO AS THE JANUARY TWENTY FIFTH MEETING WILL BE THE NEXT NON WORKSHOP COUNCIL MEETING BEYOND THE DATE OF JAN. 14. THIS CONCLUDES THE PRESENTATION, AND I RETURN THE DISCUSSION TO COUNCIL FOR CONSIDERATION. YES, DO WE HAVE PUBLIC SPEAKERS? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM 15, 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. YOU WILL HAVE THREE MINUTES TO MAKE YOUR COMMENTS. YOU WILL BE MUTED ONCE YOU THREE MINUTES HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. WE DO HAVE SPEAKERS. THE FIRST SPEAKER IS WILKIE, CAN YOU PLEASE UNMUTE? YES, GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS, I'M DIANE WILKIE, I'M A 38 PLUS YEAR RESIDENT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY, AND SOUTHWEST RIVERSIDE COUNTY, AND I'VE BEEN YOUR NEIGHBOR TO THE IMMEDIATE NORTH FOR 18 AND A HALF YEARS. I'M A RETIRED ADVANCED PRACTICE NURSE AND PUBLIC HEALTH NURSE. I SUPPORT THIS EXTENSION. I'D ALSO LIKE TO SEE THAT PERHAPS THIS CONTINUE AS A HYBRID OPTION IN THE FUTURE ONCE WE SEE WHERE THE NUMBERS FALL COME MID TO LATE JANUARY. THIS IS AN IMPORTANT VENUE THAT'S BEEN THAT HAS DEVELOPED OUT OF NECESSITY DURING COVID 19. IT PROVIDES THE OPPORTUNITY FOR THOSE WHO ARE OTHERWISE UNABLE TO ATTEND DUE TO THEIR OWN IMMUNOLOGICAL STATUS OR EXCUSE ME, ALSO FOR THOSE WHO PROVIDE CARE TO THOSE WHO ARE OR ARE OTHERWISE DISABLED. IT'S ALSO AN OPPORTUNITY TO THOSE WHO OTHERWISE WOULD NOT BE AVAILABLE DURING THIS TIME OF DAY BECAUSE OF THEIR NEED TO COMMUTE BACK AND FORTH FROM WORK PERHAPS. SO THAT'S IT FOR ME. THANK YOU. THE NEXT SPEAKER ENDS WITH NINE, NINE, NINE TWO. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? HI, GOOD EVENING, THIS IS VANESSA FORSYTH, AND I'M A RESIDENT OF CARLSBAD, AND I REALLY DON'T HAVE MUCH TO ADD. I'M A REGISTERED NURSE AND WORKED WITH THE MEDICAL RESERVE CORPS. I THINK IN TERMS OF THE SCIENCE AND WHAT IS HAPPENING IN TERMS OF CURRENT COVID CASES. THIS DEFINITELY MAKES SENSE TO EXTEND THE REMOTE ABILITY TO VIEW AND PARTICIPATE IN CITY COUNCIL MEETINGS. AND I WOULD AGREE WITH THE PREVIOUS SPEAKER THAT THE OPTION TO CONTINUE THE HYBRID CAN BE AVAILABLE FOR MORE CITIZENS TO PARTICIPATE AT THE MEETINGS. THANK YOU. THAT CONCLUDES ALL OF OUR SPEAKERS, MAYOR. OK, ANY QUESTIONS OF STAFF? WE ACTUALLY JUST HAD ONE MORE PERSON RAISED THEIR HAND. WOULD YOU LIKE TO TAKE THEM AT THIS TIME? SURE, GO AHEAD. THEY DROPPED OFF. OK. YES, DR. BHAT-PATEL. THANK YOU. YEAH, IS THERE. COULD WE, IF POSSIBLE, RESPOND TO FOLKS ABOUT THE HYBRID OPTION THAT THEY'RE MENTIONING, I KNOW WE'RE ABLE TO DO THAT CURRENTLY AND THAT WE'RE TRYING TO LOOK INTO THOSE OPTIONS. BUT I JUST WANTED TO REEMPHASIZE THAT SINCE I KNOW THIS IS SOMETHING THAT'S COME UP A FEW TIMES, YEAH, CERTAINLY COUNCIL MEMBER. AND THANK YOU FOR THE QUESTION. THIS IS SOMETHING THAT STAFF ISSUED A MEMO TO CITY COUNCIL, I BELIEVE THREE WEEKS AGO WHERE WE'RE OR I'M SORRY ABOUT SIX WEEKS AGO WHERE WE'RE LOOKING AT THE HYBRID SOLUTION. THE COSTS ASSOCIATED WITH IT IS, I BELIEVE, TWENTY FIVE THOUSAND AND WE'RE WORKING ON THAT SOLUTION CURRENTLY, AND WE HOPE TO HAVE IT LIKELY IN EARLY SPRINGTIME OF NEXT YEAR. OK. THANK YOU SO MUCH. YOU'RE WELCOME. OK, ANY OTHER COMMENTS? A MOTION, THEN MR. MR. NORBY. THANK YOU, MAYOR. I DON'T KNOW WHY, BUT IT APPEARS MY SCREEN HAS CHANGED ITS BACKGROUND ON ITS OWN HALFWAY THROUGH THE MEETING, AND SO IF IT'S OK WITH EVERYBODY, I'LL JUST STAY ON LIKE IT IS AS OPPOSED TO LOGGING BACK ON. BUT I JUST WANTED TO. IT JUST HAPPENED. I HAVE NO IDEA. MODERN TECHNOLOGY. MR. BLACKBURN. A MOTION. IT MOVES STACK RECOMMENDATIONS, MAKING THE FINDINGS TO CONTINUE VIRTUAL MEETINGS THROUGH JAN. 14 OF 22 AND IS IT THROUGH JANUARY 14TH, MR. [01:20:05] CHIEF CALDERWOOD, OR WERE YOU SAYING TO RE-SUGGEST, I THINK YOU HAD SAID JANUARY TWENTY FIFTH DURING YOUR PRESENTATION MENTIONED JANUARY TWENTY FIFTH BECAUSE WE DO HAVE A COUNCIL MEETING JANUARY 11TH AND THIS WOULD EXTEND THIS THROUGH JANUARY 14TH. SO OUR NEXT CITY COUNCIL MEETING THAT WOULD NOT BE A WORKSHOP WOULD BE JANUARY TWENTY FIFTH. AND I WOULD DEFER TO THE CITY ATTORNEY ON THE PROPER LANGUAGE TO MAKE SURE THAT WE CAN DO IT EITHER THE 14TH OR THE TWENTY FIFTH AS THE DATE WE STAY IN THE RESOLUTION. IF THIS IS ACCURATE. AND ISD MS. BREWER, I BELIEVE IT'S ACCURATE AS DRAFTED CURRENTLY, THOUGH. SO I'LL AND I JUST WANTED TO CLARIFY THE POINT BECAUSE I KNOW THE DATE WAS MENTIONED EARLIER, BUT IF THAT'S THAT'S WHAT IT IS, THEN GREAT SECOND. PLEASE CALL THE QUESTION. OH, I'M SORRY. THAT'S OK. A QUICK COMMENT. YEAH, BECAUSE I HAD UNDERSTOOD THAT IT WAS FOR 30 DAYS, SO WE'RE AT DECEMBER 14, SO THAT WOULD BE THEN THE STATE LAW WOULDN'T PERMIT US TO GO BEYOND THE 30 DAYS. EVERY 30 DAYS YOU HAVE TO CHECK IN AGAIN, RIGHT? RIGHT. BUT BECAUSE WE WE WOULD HAVE TO GO TO THE NEXT REGULAR COUNCIL MEETING. AND I BELIEVE THAT'S WHAT CHIEF CALDERWOOD WAS SAYING. SO WE'LL MAKE SURE WE GET IT SCHEDULED ON THE CORRECT DATE. BASED ON YOUR COUNCIL SCHEDULE, COUNCIL SCHEDULE. OK, WELL, I'M IN SUPPORT OF IT, I JUST WAS TRYING TO HELP CLARIFY. THANK YOU FOR ALL THE QUESTION. BHAT-PATEL. HI THERE PRO10 BLACKBURN HI MAYOR HALL. NO, THAT'S JUST FOR ONE. MOVING ON TO ITEM 16 AMENDMENTS TO THE CITY COUNCIL POLICY NUMBER SIXTY [16. AMENDMENTS TO CITY COUNCIL POLICY NO. 64] FOUR. MR. CHADWICK. YES, SIR, THANK YOU SO MUCH AND MAKING OUR PRESENTATION TODAY AS OUR ASSOCIATE PLANNER CORI. THANK YOU, MR. CHADWICK. GOOD AFTERNOON, MAYOR HALL AND MEMBERS OF THE CITY COUNCIL. WE'RE GOING TO SHARE MY SCREEN NOW. OK. THANK YOU. AND AGAIN, THIS IS MY NAME IS CORY. I'M HERE WITH THE CITY OF CARLSBAD PLANNING DIVISION. THIS PRESENTATION TONIGHT COVER THIS EVENING COVERS THE THE UPDATE TO CITY COUNCIL POLICY SIXTY FOUR. HERE'S A BRIEF AGENDA FOR THIS. THIS PRESENTATION CAN PROVIDE AN OVERVIEW AND BACKGROUND ON THE LAW AND AND THE POLICY AND PROPOSED AMENDMENTS TO POLICY. SIXTY FOUR THAT WOULD ADDRESS THE LAW AND THE CHANGES TO THAT LAW. I'LL DESCRIBE THE. FRED, THE THE THE OUTREACH THAT STAFF HAS DONE AND AS WELL AS PRESENT SOME POTENTIAL MODIFICATIONS TO THE POLICY AND CLOSE WITH A RECOMMENDATION FROM STAFF. OK, AND NOW JUST TO PROVIDE A LITTLE BACKGROUND ON THE FEDERAL LAW THAT APPLIES TO LOCAL AGENCIES. THE FEDERAL LAW THAT THAT LOCAL AGENCIES HAVE TO OPERATE UNDER IN THE REGULATION OF WIRELESS COMMUNICATION FACILITIES GOES BACK TO THE 1996 TELECOMMUNICATIONS ACT. IT SETS UP IMPORTANT PREEMPTION FOR LOCAL GOVERNMENT AND THE PERMITTING OF WIRELESS COMMUNICATION FACILITIES. IT WAS AT THIS TIME THAT THE FCC SET EXPOSURE LIMITS FOR RF EMISSIONS. THE MOST RECENT UPDATE TO THE FCC REGULATIONS WAS ISSUED IN SEPTEMBER OF TWENTY EIGHTEEN. THE BIG THING THAT THIS UPDATE DID WAS ESTABLISH A DEFINITION FOR A NEW CATEGORY OF WIRELESS COMMUNICATION FACILITIES, SOMETIMES REFERRED TO AS SMALL CELLS OR SMALL WIRELESS FACILITIES. AND NOW FOR A LITTLE BACKGROUND ON POLICY, SIXTY FOUR POLICY SIXTY FOUR WAS ORIGINALLY ADOPTED IN 2001 IN RESPONSE TO THE FEDERAL TELECOMMUNICATIONS LAW. IT HAS BEEN AMENDED AT TIMES IN ORDER TO BE CONSISTENT WITH THE UPDATES TO THAT [01:25:03] LAW. THE MOST RECENT AMENDMENT WAS DONE IN TWENTY SEVENTEEN. THE PURPOSE OF POLICY 64 IS TO GUIDE THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF WIRELESS COMMUNICATION FACILITIES. THE NEXT TWO SLIDES DESCRIBE SOME OF THE LIMITATIONS PLACED ON LOCAL AGENCIES BY THE FEDERAL TELECOMMUNICATIONS LAW. THE CITY CANNOT PROHIBIT WIRELESS SERVICES. IT CANNOT DISCRIMINATE BETWEEN WIRELESS SERVICE PROVIDERS. THE CITY MAY NOT PREVENT THE COMPLETION OF A WIRELESS NETWORK, AND IT MUST ACT ON APPLICATIONS WITHIN A REASONABLE TIME. ADDITIONALLY, THE CITY CANNOT REGULATE WIRELESS COMMUNICATION FACILITIES BASED ON THE ENVIRONMENTAL EFFECTS OF RF EMISSIONS, WHICH INCLUDES POTENTIAL HEALTH EFFECTS. THIS APPLIES BOTH TO THE REQUIREMENTS ADOPTED IN POLICY SIXTY FOUR, AS WELL AS THE REVIEW OF INDIVIDUAL WIRELESS FACILITIES. THE CITY CANNOT DENY PERMITS BASED ON RF EMISSIONS. THE THE MOST RECENT UPDATE TO FEDERAL RULE, TO FEDERAL LAW, THE FCC FINAL RULES 18 DASH ONE THREE THREE ADOPTED IN 20 IN SEPTEMBER OF 2018. AS I STATED, IT ESTABLISHES A NEW CATEGORY OF SMALL WIRELESS FACILITIES. IT ALSO ESTABLISHES NEW FASTER SHOT CLOCKS FOR SMALL WIRELESS FACILITY PERMITS, REQUIRING THAT LOCAL AGENCIES REVIEW THESE WITHIN 60 DAYS FOR EXISTING FACILITIES IF THEY LOCATE ON AN EXISTING FACILITY AND 90 DAYS IF THEY ARE INSTALLING A NEW FACILITY. IT ALSO THE RULING ALSO ESTABLISHES FURTHER RESTRICTIONS ON THE ABILITY TO PROHIBIT WIRELESS FACILITIES AND THE FEES THAT THAT LOCAL AGENCIES MAY CHARGE FOR INSTALLATIONS IS LIMITED BY THE RULING AS WELL. SO NOW I'M GOING TO DESCRIBE THE DEFINITION THAT WAS INCLUDED IN, I'M GOING TO SUMMARIZE IT. THE DEFINITION THAT WAS INCLUDED IN THE FCC RULING. SO ESSENTIALLY. SMALL WIRELESS FACILITIES ARE DEFINED AS WIRELESS COMMUNICATION FACILITIES THAT ARE MOUNTED TO STRUCTURES THAT ARE NO MORE THAN 50 FEET TALL. NO MORE THAN 10 PERCENT TALLER THAN ADJACENT STRUCTURES AND EXTEND AN EXISTING STRUCTURE OVER 50 FEET OR BY MORE THAN 10 PERCENT. IN ADDITION, ANTENNAS CAN BE NO MORE THAN THREE CUBIC FEET IN VOLUME, AND ASSOCIATED EQUIPMENT CAN BE NO MORE THAN TWENTY EIGHT CUBIC FEET IN VOLUME. THE PHOTO ON THE LEFT IS AN EXAMPLE OF A SMALL WIRELESS FACILITY LOCATED ON A STREETLIGHT IN CARLSBAD NEAR PALOMAR AIRPORT. YOU CAN SEE IN THE RED CIRCLES IS THE ANTENNA AND THE EQUIPMENT THAT'S MOUNTED TO THE POLE. THERE COULD BE ADDITIONAL EQUIPMENT MOUNTED UNDERGROUND AS WELL. THERE ARE ADDITIONAL PHOTOS IN THIS PRESENTATION THAT ARE INCLUDED FOR SAMPLES FOR YOUR VIEWING. NOW I'D LIKE TO DISCUSS THE AREAS WHERE THE CITY HAS DISCRETION, LOCAL AGENCY DISCRETION IS FOCUSED PRIMARILY ON THE REGULATION OF ESTHETICS. REGULATIONS MUST BE REASONABLE, MEANING THAT THEY ARE TECHNICALLY FEASIBLE FOR WIRELESS PROVIDERS TO COMPLY WITH AND STILL PROVIDE SERVICE. THEY MUST BE PUBLISHED IN ADVANCE. WHICH MEANS EITHER THROUGH THE ADOPTION OF AN ORDINANCE OR THROUGH THE ADOPTION OF A POLICY, AS CARLSBAD HAS DONE WITH POLICY SIXTY FOUR. IN ADDITION, THE REGULATIONS MUST BE SIMILAR TO HOW TO OTHER UTILITIES TO REGULATIONS THAT ARE APPLIED TO OTHER UTILITIES. HEY, NOW I'M GOING TO TO DISCUSS THE PROPOSED AMENDMENTS TO POLICY SIXTY FOUR THAT WERE PRESENTED IN THE STAFF REPORT. SO AGAIN, WE ARE PROPOSING A NEW CATEGORY FOR SMALL WIRELESS FACILITIES. WE ARE PROPOSING A AN ADMINISTRATIVE PERMIT PROCESS TO COMPLY WITH THE SHOT CLOCK TIME FRAMES. AND ALSO, IT'S IMPORTANT TO UNDERSTAND THAT THERE IS NO CHANGE FOR THE LARGER, MORE TRADITIONAL WIRELESS COMMUNICATIONS FACILITIES, SO THE PHOTO ON THE LEFT IS AN EXAMPLE OF A TRADITIONAL WIRELESS COMMUNICATION FACILITIES, THE TYPE THAT HAVE BEEN APPROVED OVER THE YEARS IN CARLSBAD AND WOULD NOT MEET THE DEFINITION OF A SMALL CELL OF A SMALL WIRELESS FACILITY. THIS IS A GOOD EXAMPLE OF WHAT OF THAT, WHAT MEETS STEALTH, THE RED CIRCLE WOULD BE WHERE THE ANTENNAS WOULD BE LOCATED AND ON THE TOP, AND THE LOWER RED CIRCLE WOULD BE WHERE [01:30:01] ADDITIONAL EQUIPMENT WOULD BE LOCATED. SO THESE STANDARDS THAT APPLY TO THESE REMAIN UNCHANGED. THEY ARE CURRENTLY PROCESSED WITH A CONDITIONAL USE PERMIT. AND THAT PROCESS WORKS WELL AND CONTINUES AND INCLUDES OPPORTUNITIES FOR PUBLIC ENGAGEMENT. SO NOW THIS SLIDE HERE DESCRIBES THE PERMIT PROCESS THAT APPLIES TO SMALL WIRELESS FACILITIES. SO ON THE LEFT IS THE FACILITY TYPE, AND THEN MOVING ALONG TO THE RIGHT WOULD BE THE LOCATION WHERE IT COULD BE LOCATED. SO EITHER ON PUBLIC OR PRIVATE PROPERTY OR ON THE RIGHT OF WAY, THE PERMIT THAT WOULD BE REQUIRED EITHER A MINOR CONDITIONAL USE PERMIT OR RIGHT AWAY PERMIT THE DECISION MAKER, WHICH WOULD BE THE CITY PLANNER OR THE ENGINEERING MANAGER AND WHETHER AND THE TYPE OF APPEALS PROCESS. I'D LIKE TO FOCUS YOUR ATTENTION TO THE ORANGE PORTION OF THIS TABLE. MOST WIRELESS CARRIERS, THEIR FOCUS IS IN THE RIGHT OF WAY. THAT'S WHERE THEY EXPECT TO BE INSTALLING ALMOST ALL OF THEIR FACILITIES. AND SO THIS IS THE PERMIT THAT WE WOULD BE UTILIZING IN THE VAST MAJORITY OF CASES. NOW I'M GOING TO GO THROUGH SOME OF THE DESIGN GUIDELINES THAT ARE PROPOSED IN THE DRAFT. SO THE PROPOSED DRAFT INCLUDES UPDATED DESIGN GUIDELINE LANGUAGE FOR SMALL WIRELESS FACILITIES WITHIN THE RIGHT OF WAY THAT ENCOURAGE THE PLACEMENT ON EXISTING INFRASTRUCTURE BEFORE NEW POLLS ARE PROPOSED OR PROPOSED. IT ALSO REQUIRES THE CONCEALMENT OF ANTENNAS AND POLE MOUNTED EQUIPMENT TO BE TO BE CONCEALED THROUGH THE USE OF SHROUDS AND OTHER EQUIPMENT CABINETS. ADDITIONALLY, THERE ARE SIZE LIMITS PROPOSED IN THE POLICY. THE ACCESSORY EQUIPMENT LIMITS WOULD BE LIMITED TO NINE CUBIC FEET. ON RESIDENTIAL AREAS AND 17 CUBIC FEET IN NONRESIDENTIAL AREAS TO LIMIT THE ESTHETIC IMPACT ON THESE ADDITIONAL, THE ADDITIONAL EQUIPMENT IS ENCOURAGED TO GO UNDERGROUND, ALTHOUGH IT COULD BE GROUND MOUNTED IF PROPERLY DISGUISED AND UNDERGROUND IS NOT FEASIBLE. THE PROPOSED AMENDMENTS ALSO INCLUDE FOLLOWING HEIGHT LIMITS, WHERE WE ARE LIMITING LIMITING SMALL WIRELESS FACILITIES TO A MAXIMUM OF FIVE FEET ABOVE THE EXISTING SUPPORT POLE. SO AS YOU CAN SEE HERE AT THE TOP, THERE'S AN ANTENNA THAT WOULD GO ABOVE THE SUPPORT POLE SO THAT POLE, SO THAT WOULD BE A FIVE FOOT LIMIT THERE WITH. AND IF NEW POLES ARE PROPOSED, THEN THEY SHOULD MEET THE CITY STREETLIGHT STANDARD FOR, WHICH WOULD BE APPROXIMATELY TWENTY FOUR TO TWENTY SIX FEET BY 10 PERCENT. SO NOW I'M GOING TO SWITCH OVER TO PUBLIC OUTREACH. IN EARLY 2020, THE CITY PUT OUT THE DRAFT OF THE OF THE GUIDELINES FOR A REVIEW BY THE WIRELESS INDUSTRY WE RECEIVE. WE RECEIVED COMMENTS FROM AT&T, VERIZON, CHROMECAST AND SPRINT. COMMENTS. THE COMMENT TOPICS PRIMARILY WERE PRIMARILY FOCUSED ON TECHNICAL AND LEGAL ISSUES, MEANING DEVELOPMENT STANDARDS OR POTENTIAL POTENTIAL CONSISTENCY ISSUES WITH THE LAW. THOSE COMMENTS AND RESPONSES ARE INCLUDED IN AN EXHIBIT IN A STAFF REPORT. IN ADDITION TO THAT, IN JUNE OF 2021, THE CITY COUNCIL HELD A WORKSHOP ON WIRELESS COMMUNICATION FACILITIES. THERE'S A PRESENTATION MADE BY TRIPP MAY OF TELECOM LAW FIRM AND NO PUBLIC COMMENTS WERE RECEIVED AT THAT MEETING, ALTHOUGH SOME WRITTEN COMMENTS WERE RECEIVED IN THE LEAD UP TO THAT MEETING. THAT STAFF REPORT, INCLUDING THOSE PUBLIC COMMENTS, ARE INCLUDED AS AN EXHIBIT IN THIS REPORT AS WELL. IN ADDITION, STAFF PUT OUT A POSTED THE DRAFT AMENDMENTS FOR A 30 DAY REVIEW PERIOD ON THE CITY WEBSITE IN ORDER TO NOTIFY THE PUBLIC THAT THE DRAFT WAS AVAILABLE FOR REVIEW. ADDITIONAL OUTREACH WAS MADE WITH E! NEWSLETTERS. CONTACTS TO LOCAL SCHOOL DISTRICTS. A NEWS RELEASE, THE PROJECT WEB PAGE AND SOCIAL MEDIA POSTS AND THOUSANDS OF INDIVIDUALS ARE CONTACTED THROUGH THAT PROCESS. AND THROUGH THAT REVIEW PERIOD, WHICH ENDED ON NOVEMBER 22ND OF 2021, THE CITY RECEIVED A TOTAL OF 93 COMMENTS, BOTH FROM THE PUBLIC AND FROM INDUSTRY REPRESENTATIVES. IN SUMMARIZING THE PUBLIC COMMENTS, THERE WERE CONCERNS MADE ABOUT THE HEALTH EFFECTS LOCATIONS NEAR RESIDENCES AND FIRE RISK POSED BY SMALL WIRELESS FACILITIES. [01:35:01] COMMENTS FROM THE INDUSTRY WERE AGAIN FOCUSED PRIMARILY ON TECHNICAL AND LEGAL ISSUES. THE RESPONSES TO THESE COMMENTS ARE INCLUDED IN THE STAFF REPORT. THEY IN CASES WHERE THEY WERE, IT MADE WHERE WE COULD WE INCORPORATED THEM INTO THE DRAFT. AND THERE ARE OTHER CASES WHERE THEY ARE INCLUDED AS OPTIONS FOR COUNCIL CONSIDERATION, WHICH WE'LL COVER LATER IN THIS PRESENTATION. LASTLY, STEPH HELD STAKEHOLDER MEETINGS WITH AT&T AND VERIZON AND A GROUP OF CITIZENS STAFF MET WITH ANYONE WHO HAD REQUESTED A MEETING. I'D LIKE TO NOW FOCUS YOUR ATTENTION ON ONE OF THE ONE OF THE REPEAT REQUESTS AND COMMENTS THAT WE RECEIVED FROM INDIVIDUALS. ONE OF THE REQUESTS IS THAT THE CITY WOULD ADOPT WHAT IS KNOWN AS THE FRONT YARD RULE. THIS IS A RULE THAT WAS ADOPTED BY THE CITY OF ELK GROVE IN REGARDS TO SMALL WIRELESS FACILITIES AND RESIDENTIAL ZONING. SO HOW IT OPERATES HERE IS HIGHLIGHTED IN GREEN. SO IN A RESIDENTIAL ZONING DISTRICT, NO SMALL CELL WIRELESS COMMUNICATION FACILITY SHALL BE LOCATED IMMEDIATELY ADJACENT TO, NOR IMMEDIATELY ACROSS THE STREET FROM FRONT YARD OF ANY RESIDENTIAL DWELLING. IT'S IMPORTANT TO NOTE THAT THIS RULE INCLUDES AN EXEMPTION WHICH IS HIGHLIGHTED IN GREEN HERE IN ORDER WHICH IS NECESSARY IN ORDER TO COMPLY WITH FEDERAL LAW. AND IT ALLOWS AN APPLICANT TO IF AN APPLICANT NEEDS A SPECIFIC LOCATION AND THEY DEMONSTRATE THAT THEY THAT THEY THAT THEY NEED THAT TO MEET THERE TO COMPLETE THEIR NETWORK, THEN IT WOULD BE EXEMPT FROM THIS, FROM THIS RULE. SO THIS IS THE FIRST OF THREE MAPS THAT STAFF WILL SHOW TO LOOK AT HOW THE FRONT YARD RULE MAY BE APPLIED AND COULD WORK IN CARLSBAD. THESE MAPS ARE INTENDED TO PROVIDE A LOOK AT THREE SAMPLE RESIDENTIAL NEIGHBORHOODS IN CARLSBAD. THIS IS NOT INTENDED TO BE AN EXHAUSTIVE CITYWIDE ANALYSIS. THIS MAP HERE IS FOCUSED ON THE AREA AROUND THE INTERSECTION OF TAMARACK AND HIGHLAND DRIVE. ALL RIGHT AWAY, AREAS SHOWN IN WHITE ARE PROHIBITED FROM HAVING A SMALL WIRELESS FACILITY. AND ALL THE GREEN HIGHLIGHTS. ARE LOCATIONS THAT COULD COMPLY WITH THE FRONT YARD STEP. SO I'M GOING TO CIRCLE HERE. THIS IS A GREEN ONE HERE. THESE ARE GREEN ONES HERE. ALL THESE GREEN HIGHLIGHTED AREAS ARE RIGHTS OF WAY WITHIN THE STREETS THAT WOULD POTENTIALLY COMPLY WITH THE FRONT YARD SET BACK. A MEANING THAT THERE IS NO FRONT YARD ADJACENT TO THAT IT COULD BE A SIDE YARD OR A REAR YARD THAT'S ADJACENT TO THAT, BUT NOT A FRONT YARD. THE ORANGE CIRCLES HIGHLIGHTED HERE DOWN AT THE BOTTOM ARE THE STREET LIGHTS, SO THESE THERE YOU CAN SEE DOTTED THROUGHOUT THE STREETS ARE THE STREET LIGHTS LOCATED IN THIS PART OF CARLSBAD. WHAT THIS MAP SHOWS IS THAT THERE ARE AREAS WHERE THERE COULD BE DIFFICULTIES IN MAKING COVERAGE AND DEPENDING ON TOPOGRAPHY OR THE DISTANCE FROM THE WIRELESS, THE COVERAGE FROM THE WIRELESS FACILITY SO IT COULD PRESENT PROBLEMS COULD PRESENT PROBLEMS FOR COMPLETING COMPLETING A NETWORK. THIS MAP HERE IS THE SECOND OF THREE MAPS IT SHOWS AN AREA OF CARLSBAD KNOWN AS BRESSIE RANCH. IT'S FOCUSED ON THE INTERSECTION OF TOWN GARDEN ROAD AND VILLAGE GREEN. AND AGAIN, GREEN HIGHLIGHTED AREAS SHOW THE RIGHTS OF WAY WHERE THERE COULD BE A WIRELESS COMMUNICATION FACILITY ACCORDING TO APPLICATION OF THE FRONT YARD RULE, AND THE WHITE AREAS ARE AREAS THE RIGHTS OF WAY OR WHITE AREAS ARE NOT. IT WOULD NOT WOULD NOT MEET THE FRONT YARD RULE REQUIREMENTS. AND AGAIN, THE YELLOW ORANGE. CIRCLES WOULD BE DENOTING STREET LIGHTS. THIS IS THE THIRD MAP I'LL SHOW TONIGHT. IT INCLUDES AN AREA IN THE SOUTHEAST PART OF TOWN CENTERED AROUND EL FUERTE STREET AND BOLERO. AND AGAIN, THE SAME APPLICATION HERE APPLIES WITH THE GREEN HIGHLIGHTED RIGHT AWAY AS SHOWN WHERE POTENTIAL FRONT YARD RULE. POTENTIAL WIRELESS COMMUNICATION FACILITY COULD LOCATE AND NOT BE PROHIBITED [01:40:05] BY THE FRONT YARD RULE. THERE ARE AREAS THAT COULD POTENTIALLY NOT COMPLY WITH THE RULE THAT MAY PRESENT DIFFICULTIES BASED ON DISTANCE AND COVERAGE AND. IT'S AS WELL AS TOPOGRAPHY. SO STAFF'S RECOMMENDATION WITH THE FRONT YARD RULE IS THAT IT WOULD NOT BE ADOPTED DUE TO POTENTIAL PROVISION OF SERVICE. EXCEPTIONS WOULD BE NEEDED TO PREVENT THAT PROHIBITION. ADDITIONALLY, A BETTER OPTION IS PRESENTED LATER IN THIS PRESENTATION THAT MAY BE MORE IS MORE LEGALLY DEFENSIBLE. ADDITIONALLY, IT MAY BE DIFFICULT TO IMPLEMENT THE FRONT YARD RULE BECAUSE OF THE DIFFICULTY IN IDENTIFYING FRONT YARDS WITH DEVELOPED MULTIFAMILY RESIDENTIAL PROPERTIES AND CONDOS. IT'S NOT ALWAYS CLEARLY EVIDENT. SO NOW I'M GOING TO SHIFT GEARS INTO THE POTENTIAL MODIFICATIONS THAT ARE AVAILABLE FOR A CITY COUNCIL CONSIDERATION IN THIS STAFF REPORT PACKAGE. SO. THERE ARE A TOTAL OF EIGHT OPTIONS FOR COUNCIL TO CONSIDER. SO AN ORIENTING YOUR VIEW ON THE LEFT WOULD BE THE OPTION NUMBER. AND IN THE SECOND COLUMN, MOVING TO THE RIGHT WOULD BE THE POTENTIAL MODIFICATION, THE NAME AND THE DESCRIPTION. AND THEN THIRD COLUMN WOULD BE WHO'S REQUESTING THIS? AND THEN IN THE FOURTH COLUMN WOULD BE STAFF'S RECOMMENDATION. SO THIS FIRST OPTION WOULD BE TO ALLOW CO-LOCATION FOR WIRELESS COMMUNICATION FACILITIES, SO ALLOW TWO ANTENNA OR TWO WIRELESS COMMUNICATION, SMALL WIRELESS FACILITIES CO-LOCATED ON ONE SINGLE SUPPORT POLE. ALLOWING CO-LOCATIONS WOULD MINIMIZE THE NUMBER OF NEW HOLES, WHICH COULD BE AN ESTHETIC BENEFIT. HOWEVER, CONVERSELY, AS AN ESTHETIC MATTER, MULTIPLE SWF'S ON A SINGLE STREETLIGHT OR A UTILITY POLE CAN GET BULKY AND MESSY. ALSO, CARRIERS PREFER NOT TO SHARE POLES FOR SWF'S THE MOST COMMON APPROACH FOR OTHER CITIES IS TO NOT ALLOW CO-LOCATIONS FOR SWF'S. PROPOSED POLICY DRAFT INCLUDED THIS OPTION [INAUDIBLE] THE PROPOSED POLICY DRAFT DOES NOT INCLUDE THIS OPTION. I'M SORRY. THE MOST THIS THE PROPOSED POLICY DRAFT INCLUDED HERE IS NOT IN IN THE DRAFT SUBMITTED INTO THE STAFF REPORT. BUT IT IS INCLUDED HERE BECAUSE IT IS A COMMON, A COMMON. IT WAS IT WAS CONSIDERED UNDER A NUMBER OF DIFFERENT JURISDICTIONS. THIS IS THE SECOND OPTION PROPOSED PREFERENCE LIST ACCOMPLISHES WHAT IS, WHAT THIS OPTION WOULD DO IS TO SIMPLIFY THE PREFERENCE LIST FOR THE PULL TYPES. SO THIS IS A REQUEST MADE BY INDUSTRY AND IS NOT RECOMMENDED BY STAFF. ESSENTIALLY ON THE LEFT, HERE IS THE PROPOSED POLICY. WE HAVE ESTABLISHED A PREFERENCE LIST BASED ON ON THE POLL TYPES, SO THE NUMBER ONE PREFERENCE WOULD BE FOR AN EXISTING OR REPLACEMENT STREET LIGHT POLE. THE SECOND PREFERENCE WOULD BE FOR THE REPLACEMENT, EXISTING OR REPLACEMENT WOULD UTILITY POLE. THE THIRD PREFERENCE WOULD BE FOR TRAFFIC SIGNALS THAT ARE EXISTING AND THEN FOURTH MOVING INTO NEW POLLS, NEW NON REPLACEMENT STREETLIGHT POLES AND FIVE NEW NON REPLACEMENT REPLACEMENT POLES THAT ARE NOT STREETLIGHTS. THE INDUSTRY REQUESTED THAT WE SIMPLIFY THIS LIST TO EXISTING TO PREFER EXISTING OR REPLACEMENT POLES OVER NEW NON REPLACEMENT POLES. HOWEVER. THAT BELIEVES THAT THIS EXISTING LIST ACCOMPLISHES WHAT IS BEING REQUESTED BY THE INDUSTRY AND. AND THE EXISTING, AS YOU CAN SEE BY THE FIRST THREE ITEMS LISTED HERE ARE EXISTING POLES AND AND ADDITIONALLY, TRAFFIC SIGNALS ARE RANKED THIRD, WHICH MEANS THAT WHICH IS IMPORTANT BECAUSE DEATH CITY TRAFFIC ENGINEERING HAS REQUESTED THAT THAT SMALL WIRELESS FACILITIES NOT USE TRAFFIC SIGNALS WHENEVER POSSIBLE. SO THIS OPTION WOULD WOULD ESTABLISH A REQUIREMENT, WOULD WOULD ESTABLISH A [01:45:06] REQUIREMENT FOR HIRING OUTSIDE EXPERTS TO REVIEW APPLICATION MATERIALS, INCLUDING RF REPORTS, AND TO VERIFY THE ACCURACY AND COMPLIANCE WITH LOCAL AND FCC REQUIREMENTS REQUESTS MADE BY STAFF AND IS RECOMMENDED FOR I'M SORRY REQUESTS MADE BY THE PUBLIC AND IS RECOMMENDED BY STAFF. THE REASONS BEING THAT STAFF MAY NOT HAVE THE EXPERTISE OR CAPACITY TO ADEQUATELY REVIEW ALL TECHNICAL ASPECTS OF THE APPLICATION. IF APPLICATION VOLUMES INCREASE, WORKLOAD CAPACITY COULD BE A PROBLEM. IF THIS OPTION IS SELECTED, STAFF COULD BRING BACK A PROPOSAL FOR CITY COUNCIL CONSIDERATION. THE FOURTH OPTION HERE IS THE PLACEMENT IN RESIDENTIAL AREAS FOR SMALL WIRELESS FACILITIES. WHAT THIS OPTION WOULD DO IS UTILIZE THE EXISTING WCF SITE PREFERENCE MAP, WHICH I'LL SHOW IN THE NEXT SLIDE AND EXPAND IT TO APPLY TO SMALL WIRELESS FACILITIES. THIS WAS REQUESTED BY PUBLIC AND STAFF'S RECOMMENDATION IS NEUTRAL. THE EXISTING POLICY, 64, INCLUDES THIS. IT INCLUDES THIS MAP ON THE RIGHT HAND SIDE, WHICH IS THE PREFERRED LOCATION MAP FOR WIRELESS COMMUNICATION FACILITIES. IT ESTABLISHES RIGHTS OF WAY ADJACENT TO INDUSTRIAL AND COMMERCIAL ZONES AS BEING PREFERRED, AS WELL AS RIGHTS OF WAY ADJACENT TO CERTAIN RESIDENTIAL ZONES, ALSO IS BEING PREFERRED LOCATIONS. IT PRIMARILY INCLUDES MAJOR ROADS LIKE ARTERIALS, ARTERIAL CONNECTOR STREETS, EMPLOYMENT AND INDUSTRIAL STREETS. AND IT EXCLUDES LOCAL AND NEIGHBORHOOD STREETS. SO THIS MAP COULD BE USED AS AN OPTION FOR SMALL WIRELESS FACILITIES. THE DRAFT DOES NOT PROPOSE DID NOT PROPOSE THIS DO THE SMALL COVERAGE AREAS FOR SMALL WIRELESS FACILITIES, BUT THIS WOULD BE THIS WOULD BE A POTENTIAL OPTION TO CONSIDER ANY ROAD NOT ON THIS MAP IS NOT A PREFERRED LOCATION. THESE ROADS, THESE ROADS ARE NOT SHOWN ARE TYPICALLY THE ROADS NOT SHOWN ON THIS MAP WOULD NOT BE PREFERRED LOCATIONS. THESE ROADS ARE NOT SHOWN, AND THOSE ARE TYPICALLY NEIGHBORHOOD RESIDENTIAL STREETS. THE MAP EXPRESSES THE VALLEY, THE MAP EXPRESSES THE CITY'S ESTHETIC VALUES IN PRESERVING RESIDENTIAL NEIGHBORHOOD CHARACTER. THIS OPTION TAKES INTO CONSIDERATION THE LIMITS ON LOCAL AUTHORITY UNDER FEDERAL LAW BECAUSE CITIES CANNOT PROHIBIT WIRELESS SERVICES. IT ESTABLISHED IT ESTABLISHES CRITERIA BASED ON ESTHETICS. IT WOULD REQUIRE APPLICANTS TO DEMONSTRATE THAT MORE PREFERRED THAT A MORE PREFERRED LOCATION IS NOT FEASIBLE OR AVAILABLE IN ORDER TO LOCATE IN A DISCOURAGED LOCATION. IN ADDITION TO THAT, SECTION E OF THE PROPOSED POLICY ALSO INCLUDES AN EXEMPTION FOR ANY REGULATION THAT IS NOT FEASIBLE DUE TO CONFLICTS WITH FEDERAL LAW. THE FIFTH OPTION IS TO ESTABLISH A REQUIREMENT FOR ANNUAL REPORTS. IT WOULD REQUIRE THAT CARRIERS SUBMIT ANNUAL REPORTS ON ALL FACILITIES, WHICH COULD SHOW RF EMISSIONS ARE WITHIN FCC LIMITS. THIS IS REQUESTED BY THE PUBLIC AND IS RECOMMENDED BY STAFF. IN ADDITION, THE SIXTH OPTION HERE IS TO ADD NOTICING REQUIREMENTS. THIS WOULD ADD IT AS PART OF SMALL WIRELESS FACILITY APPLICATIONS. IT WAS REQUESTED BY PUBLIC AND IS RECOMMENDED BY STAFF. THIS OPTION WOULD PLACE THE BURDEN OF NOTICING ON APPLICANTS. IT MUST BE COMPLETED PRIOR TO APPLICATION SUBMITTAL, WHICH WOULD PROVIDE TIME FOR IT TO BE COMPLETED PRIOR TO THE SHOT CLOCK DEADLINE. IT WOULD INCLUDE ALL PROPERTY OWNERS WITHIN THREE HUNDRED FEET OF THE PROPOSED FACILITY. THIS OPTION, OPTION SEVEN WOULD CHANGE THE DISTANCE FOR EVALUATION OF OTHER POLLS. APPLICANTS MUST CONSIDER MORE PREFERRED POLE TYPE WITHIN FIVE HUNDRED FEET. THIS REQUEST WOULD REDUCE THAT TO TWO HUNDRED FEET. IT WAS A REQUEST MADE BY INDUSTRY AND STAFF AS NEUTRAL ON THIS. SO TO GET INTO A LITTLE BIT MORE DETAIL HERE, THE PROPOSED POLICY, AS I DESCRIBED ABOVE, ESTABLISHES A PREFERENCE FOR CERTAIN POLE TYPES. IF A APPLICANT PROPOSES A LESSER PREFERRED PULL TYPE, THE POLICY REQUIRES THAT APPLICANT TO CONSIDER A MORE PREFERRED POLE TYPE WITHIN FIVE HUNDRED FEET IF ONE EXISTS WITHIN FIVE HUNDRED FEET AND PROVIDE JUSTIFICATION FOR WHY IT CANNOT USE THAT POLL. THE REQUEST WOULD REDUCE THAT FROM FIVE HUNDRED FEET TO TWO HUNDRED FEET. [01:50:02] SO THEN HOW THAT WORKS IS IF THEY PROPOSE A LESSER PREFERRED POLE TYPE. BUT THERE IS ONE WITHIN A MORE PREFERRED POLE TYPE WITHIN TWO HUNDRED FEET THAN THAN THEY WOULD HAVE TO PROVIDE THAT JUSTIFICATION AS TO WHY THEY CANNOT USE THAT POLE. AND LASTLY, IS AN OPTION ON INSURANCE AND INDEMNIFICATION, THE CITY REQUIRES INSURANCE AND INDEMNIFICATION AS PART OF ITS MLA FOR WIRELESS COMMUNICATION, A MASTER LICENSE AGREEMENT FOR WIRELESS COMMUNICATION FACILITIES LOCATED ON CITY OWNED FACILITIES SUCH AS STREET LIGHTS AND TRAFFIC SIGNALS. THE FACILITIES INSTALLED ON ELECTRIC UTILITY POLES OR ON NEW POLES THAT THE CITY DOES NOT OWN WOULD NOT BE PROTECTED UNDER THE MASTER LICENSE AGREEMENT. THE CITY MAY WISH TO CONSIDER ADOPTING INSURANCE AND INDEMNIFICATION REQUIREMENTS IN THE POLICY THAT APPLIES TO TO FILL THIS GAP THAT APPLIES TO THOSE FACILITIES THAT ARE NOT INSTALLED ON CITY OWNED FACILITIES. STAFF'S RECOMMENDATION IS THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING CITY COUNCIL POLICY NUMBER SIXTY FOUR, AS DESCRIBED IN THE STAFF REPORT, TO CONSIDER ADDING ANY OF THE MODIFICATION OPTIONS AS PRESENTED HERE IN THIS PRESENTATION. THIS IS THE CONCLUSION OF THE PRESENTATION STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS. I WOULD LIKE TO INTRODUCE TRIPP MAY AND MICHAEL JOHNSTON OF THE TELECOM LAW FIRM, WHO IS THE CITIES OUTSIDE COUNSEL ON THE TOPIC OF TELECOMMUNICATIONS LAW. TRIPP AND MICHAEL HAVE REVIEWED THIS POLICY TO ENSURE LEGAL COMPLIANCE WITH FCC RULES, AND THEY ARE AVAILABLE TONIGHT TO ANSWER ANY QUESTIONS. I'M ALSO HERE WITH PRINCIPAL PLANNER ERIC LARDY WILL BE ASSISTING WITH QUESTIONS AS WELL. OK. LET'S GO TO PUBLIC COMMENT NEXT. AT THIS TIME, I WOULD LIKE TO ASK THOSE WISHING TO SPEAK ON THIS ITEM TO 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. 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. THE FIRST SPEAKER IS [INAUDIBLE] CAN YOU PLEASE UNMUTE? THANK YOU, MAYOR COUNCIL MEMBER, THIS IS [INAUDIBLE] WITH VERIZON. VERIZON HAS HAD THE PLEASURE OF WORKING WITH YOUR STAFF FOR THE PAST COUPLE OF YEARS ON NOT ONLY THE MASTER LEASE AGREEMENT THAT WE HAVE, BUT ALSO THE PUBLIC OUTREACH THAT WE PARTICIPATED IN. YOU HAVE OUR COMMENT LETTERS AND WE SUPPORT THE STAFF RECOMMENDATION AND UPDATING THIS CODE, WHICH IS NECESSARY. IT'S NOT, AS YOU SEE FROM OUR LETTER, WE STILL HAVE SOME CONCERNS, BUT WE BELIEVE THIS IS THE RIGHT PATH FORWARD IN ORDER TO WORK WITH THE CITY AND IF AMENDMENTS ARE REQUIRED DOWN THE ROAD, WE'RE HAPPY TO WORK, CONTINUE TO WORK WITH THE CITY FOR DEPLOYMENT. THANK YOU VERY MUCH. THE NEXT SPEAKER ENDS WITH THREE ZERO TWO FOUR. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? HI, THIS IS JOHN OSBORN WITH AT&T. WE DID HAVE THE OPPORTUNITY TO WORK WITH MR. FUNK AND PROVIDE COMMENTS, ALTHOUGH THEY WERE VERY LIMITED TO THE POLICY AND WERE GENERALLY SUPPORTIVE OF THE POLICY. I WOULD SAY IN REGARDS TO THE DISTANCE LIMITATIONS THAT WERE ADDRESSED, THE 5G SMALL CELL TECHNOLOGY IN PARTICULAR DOES NOT TRAVEL A VERY LONG DISTANCE. AND SO IF WE ARE MANDATED TO HAVE A 500 FOOT DISTANCE BETWEEN THE POLES BASICALLY CREATING A BARRIER TO HOW THAT SYSTEM COULD ACTUALLY FUNCTION, THE WIRELESS PROPAGATION IS GENERALLY ABOUT 400 FEET MAXIMUM IN SOME CASES WITH NO OBSTRUCTIONS, MAYBE 500 FEET. SO THAT'S WHY THE INDUSTRY ASKED FOR THE 200 FEET AS A OR TO ENABLE US TO PUT THEM, I GUESS, WITHIN 200 FEET OF EACH OTHER SO THAT THE NETWORKS CAN CONNECT AND WE CAN CAN FILL IN THE COVERAGE GAPS IN THOSE AREAS. LASTLY, I WOULD JUST SAY THAT ON THE INSURANCE AND INDEMNIFICATION TO HAVE AN OPPORTUNITY FOR THE CARRIERS TO SELF-INSURE. AT&T IS GENERALLY SELF-INSURED, SO IT'S NARROWLY WRITTEN WHERE YOU HAVE TO HAVE OUTSIDE INSURANCE THAT CREATES SOME CONFLICTS FOR US, SO WE COULD JUST HAVE IT SET UP SO [01:55:05] THAT SELF-INSURANCE IS A POSSIBILITY THAT WOULD BE HELPFUL TO US. AND THAT CONCLUDES MY COMMENTS. THANK YOU, AND I'M AVAILABLE FOR QUESTIONS AS WELL. THE NEXT SPEAKER IS A GROUP. IRENE REPRESENTING MARIBEL CARSTENS, BRIAN CARSTENS, MELISSA ORCUTT, MARIANNE TOWNSEND, SAID YOU HAVE 10 MINUTES FOR YOUR COMMENT. YES. MY NAME'S IRENE TSUTSUI, AND I'M WITH A GROUP HERE. MAYOR AND COUNCIL, MY FIRST CONCERN IS THE 200 BIT CHANGE ON PREFERRED POLE LOCATION. WE'VE BEEN CONSISTENTLY GOING TO THE COUNCIL ASKING FOR MORE PROTECTION AGAINST HEALTH HAZARD, BIOHAZARD AND EVERYTHING ELSE, AND TO SEE THAT 200 FEET BE ACCEPTED IN A NEUTRAL POSITION IS RATHER SURPRISING TO ME. OTHER CITIES ARE GOING, YOU KNOW, 500 TO 1500 SETBACKS. AND MY UNDERSTANDING IS ALSO AVAILABLE TO TELECOM'S 500 FEET IS NO PROBLEM ALREADY AS IT IS, AND I BELIEVE THE STAFF NEEDS TO DO MORE RESEARCH ON THIS. I SIMPLY AM NOT BUYING THAT. THEY NEED TO INTERCEDE. THAT IS JUST AN EGREGIOUS OVERREACH ON THE PART OF TELECOMS. THEY HAVE A GREATER CAPACITY THEN THAN THAT AND CERTAINLY WITHIN 500 FEET. THE SECOND THING IS ON THE FRONT YARD RULE, AND I RESPECT CORY [INAUDIBLE] RESEARCH ON THIS WITH THE MAPS. I APPRECIATE THAT EFFORT, BUT I DON'T THINK ANY EFFORT WAS MADE OUTREACH TO MARK GRAHAM AND OTHER ELK GROVE OFFICIALS. AND MY CONCERN IS THAT THERE COULD BE SOMETHING THEY'RE MISSING BECAUSE HE VERY STRONGLY IS OF THE OPINION THAT THIS IS NOT A SETBACK AND TELECOMS HAVE MORE THAN ADEQUATE ALTERNATIVES TO GO AND PUT THEIR EQUIPMENT UP. SO I WOULD LIKE TO SEE THE STAFF EXPLORE THIS IN FULL WITH THE ELK GROVE OFFICIALS, INCLUDING MARK GRAHAM. ON THE FIRE RISK, I THINK IT WAS KIND OF MINIMIZED BECAUSE, AS I MENTIONED BEFORE IN THE ZOOM MEETING, POINSETTIA, THE POINSETTIA FIRE IN 2014 WAS A $23 MILLION DAMAGE FIRE. THE FIRE MOVED VERY FAST AND I HAVE A HUGE CONCERN. MANAGING PROPERTY ON SLOPES, I OVERSEE 50 HOMES AND NOW THE COMMENT WAS MADE BY STAFF THAT THE RIDGE LINES ARE AND FOLKS ARE LIKELY NOT AN OPEN SPACE THAT IS NOT LIKELY TO BE POPULATED WITH SMART CELL WIRELESS FACILITIES. BUT THE LANGUAGE DOESN'T STATE THAT. AND MALIBU, FOR EXAMPLE, AND I DID SUBMIT THEIR LANGUAGE, IT'S VERY CLEAR AND THIS IS FROM THEIR ORDINANCE, IT SAYS. QUOTE RIDGELINES NO PERSONAL WIRELESS SERVICE FACILITY SHALL BE PLACED ON OR NEAR A RIDGE LINE. I THINK THIS WOULD BE VERY GOOD TO HAVE THAT KIND OF STATEMENT IN CARLSBAD CONSIDERING THE FIRE RISK. SO THAT WOULD BE ONE REQUEST I MAKE IN THE SECOND WITH RESPECT TO EXPOSURE ON FIRES IS IF THEY COULD ADD SLOPE ABUTTING CHAPARRAL POPULATED AREAS IN THE IN THE TWO LISTS, THE PREFERRED AND THE DISCOURAGED YOU COULD PUT IN THE DISCOURAGED LIST SO THAT WE HOMEOWNERS ON SLOPES THAT ARE NEAR CHAPARRAL AREAS WHERE THE FIRES START AND ACCELERATE DUE TO THE SLOPES AND DOWN SLOPES. THAT WOULD GO A LONG WAY TO ASSURING US THAT WE'RE NOT EXPOSED TO THE VIRUS. I DID MENTION IN MY COMMENTS TO THE CITY THAT SUSAN FOSTER HAS DONE RESEARCH ON THE PROBLEM WITH THE SMART METER COMPONENT IN THERE, AND THERE ARE OTHER ISSUES WITH THE SURGE AND THE ON AND OFF MECHANISM THAT REALLY TRIGGERS CAN TRIGGER A SPARK AND AN ELECTRICAL FIRE. SO I THINK THAT THERE OUGHT TO BE MORE RESEARCH DONE ON THAT BECAUSE IF IT'S NOT CORRECTED, YOU'RE LOOKING AT A TIME BOMB WITH THESE SMART CELL FACILITIES AND IT'S JUST A MATTER OF TIME BEFORE IT HAPPENS. ON THE ANNUAL REPORTS, I WOULD LIKE TO CHANGE THE WORD SHOULD TO SHALL SO THAT THE TELECOMS DO COMPLY. YOU JUST SAY, SHOULD I MEAN, THEY DON'T HAVE THE REQUIREMENT TO COMPLY? SO THAT WAS JUST A LEGAL TYPE OF CHANGE THAT I NOTICED. I COMMEND THE STAFF TO RECOMMEND OUTSIDE EXPERTS THAT IT'S GREAT. I WAS VERY HAPPY TO SEE THAT, AND I THINK THAT WOULD GO A LONG WAY IN ASSURING CITIZENS THAT THEY'RE PROTECTED DOWN THE ROAD IN CASE, YOU KNOW, EQUIPMENT HAS TO BE UPGRADED AND PROTECTED AGAINST FIRE. YOU HAVE THE ABILITY TO DO THAT WITHOUT OUTSIDE EXPERTS GIVING YOU ADVICE ON THAT ON THE INSURANCE. I THINK IT'S TOO LOW. THE TWO MILLION PER INCIDENT AND FOUR MILLION AGGREGATE, I SENT LANGUAGE FROM MALIBU THAT ACTUALLY HAD TWO MILLION AND TWENTY FIVE MILLION AGGREGATE. SO I WOULD LIKE TO SEE THAT INCREASE. I THINK IT'S INSUFFICIENT AND I'D LIKE TO SEE SPECIFIC LANGUAGE IN THE REVISED [02:00:03] POLICY ON THE INSURANCE. IT'S A SEPARATE PARAGRAPH. SAME WITH THE INDEMNIFICATION. I SENT SAMPLE LANGUAGE FROM MALIBU AND I WOULD LIKE TO SEE A SEPARATE CLAUSE IN THE POLICY 64 ON THAT. JUST OTHER GENERAL COMMENTS IS I DIDN'T SEE ANYWHERE IN THE GENERAL POLICY LEADING UP TO THE FINER POINTS OF CONCERN ABOUT THE STATE OF THE PENDING LAWSUITS, THE SORT OF THE FLAVOR OF IT SEEMED LIKE IT WAS A DONE DEAL THAT THERE ARE NO OUTSTANDING PROBLEMS. YOU KNOW THAT THE WAY THE POLICY IS WRITTEN IS IN COMPLIANCE WITH THE FCC, BUT I THINK THERE OUGHT TO BE SOME MENTION THAT THIS IS A FLUID SITUATION. IT'S CONSTANTLY CHANGING. I MEAN, WE DO HAVE PENDING LAWSUITS AND THERE'S ONE LAWSUIT THAT WOULD BE FIRED SHORTLY. I UNDERSTAND ON THE START AND THEN I SENT YOU A LINK ALSO FOR A RECENT RESEARCH PAPER THAT CAME OUT ON THE HEALTH HAZARDS. THIS RESEARCH PAPER HAS NOT BEEN RETRACTED AND IT'S BEING WIDELY CIRCULATED, AND I THINK IT WAS VERY WELL RESEARCHED AND VERY WELL BALANCED. BUT IT DOES POINT OUT A CLOSE CONNECTION BETWEEN 5G AND COVID. AND I DON'T WANT TO SOUND LIKE A CONSPIRACY THEORIST, BUT I'VE DONE ALL MY RESEARCH AND THERE IS DEFINITELY A CONNECTION IN MY MIND. IT'S NOT CAUSAL, NECESSARILY, BUT IT'S WEARING DOWN THE IMMUNITY OF PEOPLE WHO ARE EXPOSED. THEIR BLOOD IS BEING AFFECTED. THE OXYGEN DEPLETION, CALLED HYPOXIA, IS WHAT'S BEING SEEN IN HOSPITAL. DR. CAMERON SYDELL CAUGHT IT EARLY LAST YEAR AND WARNED EVERYBODY AND THESE SYMPTOMS THAT PEOPLE ARE FEELING ARE NOT TYPICAL OF VIRUSES. THERE ARE TYPICAL OF RADIATION POISONING WHERE YOU GET HYPOXIA, BLOOD STICKING, YOU GET BLOOD CLOTS, NEUROLOGICAL EFFECTS, SKIN RASHES. AND I THINK THERE IS A VERY CLOSE TIE BETWEEN 5G AND THAT. SO I JUST WANTED TO MENTION THAT IN RESPECT TO THE FRONT YARD RULE, BECAUSE THAT'S ANOTHER REASON I WOULD LIKE TO SEE MORE RESEARCH DONE ON THE FRONT YARD RULE. I THINK IT WOULD REALLY GO A LONG WAY TO ASSURE CITIZENS THAT WERE PROTECTED AND ESPECIALLY ENSURE THE CITY AS WELL SO THAT IF YOU HAVE TO MAKE ADJUSTMENTS, YOU'RE NOT DOING THAT MANY ADJUSTMENTS. SO I'LL YIELD MY TIME NOW TO BRIAN. I THINK HE WANTS TO TALK. HI THERE. I'M BRIAN KIRSTEN AND BEEN A RESIDENT OF CARLSBAD FOR ABOUT 20 YEARS NOW. AND FIRST OF ALL, JUST LIKE TO MENTION THE EXPOSURE GUIDELINES. THAT'S A GREAT IDEA TO KEEP THEM IN POLICY 64 SO THAT WE GET REPORTS AS TO COMPLIANCE. SO REALLY GOOD JOB ON THAT. SECOND OF ALL, REGARDING 500 FEET, CO-LOCATION, I THINK COULD BE A REALLY GOOD TO JUST KEEP THE 500 FEET RULE, REDUCING IT DOWN TO 200 FEET. JUST BE A TERRIBLE FOR ESTHETICS OF THE NEIGHBORHOOD. WE'VE ALREADY SEEN THE VALUES OF HOMES GO DOWN IF THEY'RE NEAR WCF FACILITIES, NOT TO MENTION HARMFUL EFFECTS ON BIRDS AND BEES AND INSECTS AND THINGS TO MAKE LIFE WORTH LIVING IN CARLSBAD. THIRD, IF I COULD POINT OUT IN THE EXISTING POLICY, 64 UNDER DESIGN GUIDELINES AND SETBACKS, IT SAYS THAT IN A RESIDENTIAL ZONE AND PUBLIC. PARKS AND COMMUNITY FACILITIES, WCS SHOULD BE SET BACK FROM THE PROPERTY BOUNDARIES, A MINIMUM DISTANCE EQUAL TO THE ABOVE GROUND HEIGHT OF THE OVERALL SUPPORT STRUCTURES HEIGHT. BUT I'D LIKE TO MAKE SURE THAT THAT EXISTING LANGUAGE STAYS IN POLICY 64. AND ALSO POINT OUT THAT, WHAT THAT MEANS IS THE WCF NEEDS TO BE OUTSIDE OF THE PARK BOUNDARY, AND WE CURRENTLY HAVE ON FILE AN EXISTING APPLICATION FROM VERIZON TO PUT A VERY LARGE WCF FACILITY RIGHT IN THE CENTER OF POINSETTIA PARK. SO PLEASE MAKE SURE YOU REVIEW THAT AND IF POSSIBLE, GET THAT FACILITY TO BE LOCATED OUTSIDE OF THE PARK. AND WITH THAT, WE GO ON TO HI, MARY. HI, I'M SORRY, I JUST WANTED TO INTERRUPT AND SAY THAT WHEN YOU DO SCHEDULE A GROUP WITH OUR OFFICE, IT IS ONLY ONE PERSON THAT CAN SPEAK ON BEHALF OF EVERYONE. SO I'M NOT SURE IF THE COUNCIL WOULD LIKE TO ALLOW THEM TO CONTINUE TO SWITCH OFF, BUT IT IS ONLY ONE PERSON THAT I MAY I SPEAK THEM. DO I HAVE TIME? YEAH. OK. I JUST WANT TO READ THE LAST PARAGRAPH OF PETITIONS THAT WERE SIGNED BY ABOUT 150 PEOPLE. I THINK IT MIGHT HAVE BEEN EVEN 200 BACK. I THINK IT WAS IN 2020. OTHER COMMUNITIES IN CALIFORNIA HAVE DEVELOPED MORE DETAILED AND STRINGENT [02:05:03] CITY ORDINANCES TO PROTECT PROPERTY VALUES, MONITOR CELL PHONE TOWER ROLLOUTS OR SANDAG EMISSIONS, AND ADDRESS HEALTH CONCERNS OR FIRE SMALL CELL TOWERS ACTIVELY INVESTIGATING THOSE OPTIONS SO AS TO CONTROL WHAT TELECOMMUNICATIONS IS ALLOWED INTO THE CITY. PRIOR TO ANY ADDITIONAL APPLICATIONS BEING APPROVED AND APPLYING ANY ADOPTED ORDINANCES TO PREVIOUSLY APPROVED CELL SITES RETROACTIVELY EXAMPLE MINIMUM DISTANCE AWAY WAS THE RESPONSIBLE ACTION. THIS IS NEEDED TO AVOID CHANGING CARLSBAD INTO AN UNHEALTHY CITY TO LIVE IN, NOT TO MENTION UNSIGHTLY LANDSCAPES AND UBIQUITOUS TOWERS BOXES. NEXT, SPEAKER IS MARK GRAHAM, CAN YOU PLEASE UNMUTE? ALL RIGHT, CAN YOU HEAR ME? HOLD ON A SECOND. YES, WE CAN HEAR YOU OK. GOOD EVENING, MAYOR AND COUNCIL AND STAFF MARK GRAHAM. I'M AN EXPERT IN MUNICIPAL TELECOMMUNICATIONS POLICY. I RECOMMENDED THAT THE STAFF SHOULD CONTACT OUR CITY ATTORNEY, JONATHAN HOBBS, ASK HIM ABOUT THE LEGAL BASIS FOR OUR FRONT YARD RULE AND HOW IT WORKS HERE. IT HAS BEEN IN OUR MUNICIPAL CODE SINCE AUGUST OF 2019. THE CITY HAS BEEN RECEIVING PERMIT APPLICATIONS AND ISSUING CELL ANTENNA PERMITS. THERE HAS NOT BEEN AN EFFECTIVE PROHIBITION. THERE HAVE NOT BEEN ANY LAWSUITS BY TELECOM AGAINST THE CITY OVER OUR FRONT YARD RULE. IT IS NOT AN EFFECTIVE PROHIBITION. IT IS VERY OBVIOUS THAT STAFF HAS FAILED TO CONTACT OUR CITY ATTORNEY. YOU SHOULD DIRECT THEM TO DO THAT AND HAVE THAT CONVERSATION. SECONDLY, I PUT IN MY PUBLIC COMMENTS A STATEMENT IN THE CULVER CITY CITY COUNCIL MEETING NOVEMBER 8TH OF THIS YEAR. THE MAYOR ASKED ATTORNEY GAIL KARISH WHETHER THE CITY COULD ADOPT THE FRONT YARD RULE OR SOME VARIATION OF IT. SHE GAVE A DETAILED AND LONG LEGAL ANSWER, AND IT BOILS DOWN TO YES, YOU CAN. YOU WILL NEVER FIND A MORE KNOWLEDGEABLE, EXPERIENCED ATTORNEY ON TELECOMMUNICATIONS LAW THAN GAIL KARISH. I ALSO RECOMMENDED THAT THE STAFF CONTACT ATTORNEY ANDREW CAMPANELLI. HE'S BEEN PRACTICING TELECOMMUNICATIONS LAW FOR 28 YEARS. YOU WILL NEVER FIND A MORE EXPERIENCED, KNOWLEDGEABLE ATTORNEY THAN MR. CAMPANELLI. IT IS VERY OBVIOUS THAT STAFF HAS FAILED TO CONTACT ANY OF THESE THREE ATTORNEYS. HOBBS KARISH OR CAMPANELLI. NOW WHAT'S CONSPICUOUSLY MISSING FROM MR. CORY MAPS IS ANY MENTION OF THE RANGE OF THE CELL ANTENNA. FIRST OF ALL, I SHOWED YOU FROM VERIZON CHIEF EXECUTIVE OFFICER LOWELL MCADAM 2018 INTERVIEW. HE SAYS WE ARE NOW DESIGNING THE SYSTEM FOR OVER 2000 FEET FROM TRANSMITTER TO RECEIVER. THAT MEANS THE THE RANGE GOES OUT FOR A 5G CELL ANTENNA IN A 2000 FOOT RADIUS OR MORE. THIS IS NOT THEORETICAL, IT'S NOT ROOFTOP TO ROOFTOP. IT'S NOT IDEAL CONDITIONS. THIS IS BASED ON 11 CITIES OF TESTING WHERE VERIZON WAS TESTING FOR MORE THAN A YEAR. SO WHEN YOU HEAR OH, IT ONLY WORKS FOR 400 FEET, THAT IS NOT TRUE. SECONDLY, STAFF HAS FAILED TO POINT OUT THE DIFFERENCE BETWEEN A 4G AND 5G CELL ANTENNA. 4G IS THE KIND THAT PREVIOUS GENERATION THEY HAVE LONGER RANGE, SHORTER WAVELENGTH, A LONGER WAVELENGTH AND SHORTER FREQUENCY. NOW, THE CITY, MOST OF THE CELL ANTENNAS THAT TELECOM IS INSTALLING THESE DAYS ARE WHAT YOU WOULD CALL 4G. MOST OF THEM AND STAFF HAS FAILED TO TELL YOU THAT THESE HAVE A RANGE OF ONE TO THREE MILES. OK, COMPARE THAT TO THE RANGE OF THE 5G CELL ANTENNA OF TWO THOUSAND FEET. SO AS YOU LOOK AT THE MAPS AND YOU CONSIDER WHETHER YOUR CITY COULD ACTUALLY IMPLEMENT THE FRONT YARD RULE AND WHETHER IT WOULD BE AN EFFECTIVE PROHIBITION. A KEY QUESTION IN THAT WHOLE EQUATION IS HOW FAR DO THE SIGNALS GO? STAFF HAS FAILED TO MENTION IT. THE STAFF REPORT GIVES FALSE REPORT, GIVES FALSE INFORMATION, AND IT CLAIMS THAT THE RADIUS IS ONLY 500 FEET TO 1000 FEET. WELL, ACCORDING TO VERIZON CEO LOWELL MCADAM, THAT'S NOT TRUE. AND AGAIN? THE NEXT SPEAKER ENDS WITH NINE, NINE, NINE TWO. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? CAN YOU HEAR ME? MY NAME IS VANESSA FORSYTH, AND I AM JUST LISTENING TO THIS AND TRYING TO GET A BETTER UNDERSTANDING. YOU KNOW, MY CONCERN IS WE'RE GETTING DIFFERENT MESSAGES FROM THE CELL PROVIDERS AS TO WHAT IS THE DISTANCE. I JUST WANT TO SHARE THAT ON THE STREET THAT I LIVE. A NEIGHBOR HAS HAD A ON AN EXISTING POLE ADDED, YOU KNOW, A STREET LAMP. ONE OF THESE DEVICES, AND SHE'S ON THE CORNER LOT. SO IT ISN'T THE FRONT OF HER HOUSE, BUT IT'S RIGHT ON THE CORNER AND WITHIN 500 FEET [02:10:07] OF HER BEDROOM. AND YOU KNOW, MY CONCERN IS, YEAH, IN, YOU KNOW, AGAIN, I'M NOT I DON'T WANT TO SHARE NAMES OR ANYTHING BUT THIS PERSON IN THE FAMILY MEMBER, ONE OF THEM HAS A SERIOUS CANCER. AND I JUST THINK, YOU KNOW, WHAT'S PRESENTED HERE SHOULD BE MORE COMPREHENSIVE AND EXACT. AND YEAH, IT'S KIND OF SCARY. AND YOU KNOW, I ALSO WONDER ABOUT THE STREETLIGHT. I'M SORRY, THE STREETLIGHTS, YOU KNOW, WHEN TRAFFIC LIGHTS? WHY DO WE HAVE TO TAKE OUT THE INSURANCE? WHY SHOULDN'T IT BE THE WIRELESS COMPANIES TAKING OUT THE INSURANCE IN CASE THERE'S DAMAGE TO THEIR EQUIPMENT ON A TRAFFIC POLE? THESE ARE JUST SOMETHING I HAVE COME ACROSS IN LISTENING. THANK YOU FOR YOUR TIME. THAT CONCLUDES ALL OF OUR SPEAKERS, MAYOR. OK, COMING BACK TO COUNCIL, ANY QUESTIONS AT THIS TIME? MR. BLACKBURN. I'M KIND OF AN INSURANCE FREAK, I PROBABLY HAVE TOO MUCH PERSONAL INSURANCE. WAY MORE THAN I NEED, SO IT TAKES ME DIRECTLY TO THAT QUESTION ABOUT THEM PROVIDING A HIGHER DEGREE OF INSURANCE AND HOW THAT'S WHAT WE'RE WHAT WE'RE MAKING THEM INSURE AGAINST. THANK YOU, MAYOR PRO TEM. WE'RE GOING TO ASK TRIPP MAY, OUR OUTSIDE COUNSEL, TO RESPOND TO THAT QUESTION. GOOD EVENING, MR. MAYOR AND MEMBERS OF THE COUNCIL, MY NAME IS TRIPP MAY. AS FAR AS THE INSURANCE GOES, IT WOULD BE THE APPLICANT OR THE CARRIER WHO TAKES OUT THE INSURANCE POLICY. THE AMOUNTS THAT HAVE BEEN DISCUSSED TONIGHT, TWO MILLION IN THE SINGLE OCCURRENCE, OR TWENTY FIVE MILLION IN AGGREGATE, ARE WITHIN REASONABLE RANGE. THOSE ARE TYPICALLY COMMERCIAL GENERAL COMMERCIAL LIABILITY INSURANCE POLICIES, EMPLOYERS LIABILITY POLICIES, AUTO LIABILITY POLICIES. THE POLICIES IN COMMERCIAL GENERAL LIABILITY ALMOST UNIFORMLY COME WITH EXCLUSIONS FOR POLLUTION HAZARDS. AND SO WHILE THERE'S BEEN SOME DISCUSSION ABOUT GETTING THOSE EXCLUSIONS REMOVED FROM THE POLICIES, I HAVE YET TO FIND ONE OF THOSE POLICIES OR INSURER WHO WILL WRITE THEM. AND SO WE'VE LOOKED INTO IT, AND I'M CERTAINLY OPEN TO ANY OTHER INFORMATION THAT PEOPLE MAY HAVE. BUT TYPICALLY INSURERS DO NOT COVER THOSE TYPES OF POLLUTION HAZARDS. SOMETIMES LARGE, THE REPRESENTATIVE FROM AT&T TALKED ABOUT BEING SELF-INSURED, SOMETIMES LARGE ORGANIZATIONS ARE SELF-INSURED, IS THAT SATISFACTORY FOR WHAT WE'RE ASKING? SO WHAT WE WOULD MAKE SURE IS THAT THE CITY'S RISK MANAGER IS COMFORTABLE WITH ANY PARTICULAR APPLICANT SELF INSURING, RIGHT? SO THEY'D PROBABLY HAVE TO HAVE A CERTAIN MINIMUM NUMBER OF ASSETS. BUT MORE BROADLY, WE'D ALSO WANT TO MAKE SURE THAT THE INDEMNIFICATION REQUIREMENTS ARE AS BROAD AS THEY POSSIBLY COULD BE. SO, FOR EXAMPLE, IF INSURANCE DOESN'T COVER A PARTICULAR KIND OF HAZARD, THE INDEMNIFICATION REQUIREMENTS WOULD STEP IN AND THE COMPANY WOULD BE RESPONSIBLE FOR MITIGATING HARMS THAT THEY CAUSED, WHETHER INSURANCE COVERS THOSE TYPES OF RISKS OR NOT. OK, LAST QUESTION I WROTE DOWN TWO MILLION AND FOUR MILLION, YOU JUST QUOTED TWO MILLION AND TWENTY FIVE MILLION. DID I WRITE IT DOWN WRONG OR MISINTERPRET THAT? NO, YOU HEARD TWO DIFFERENT NUMBERS SO THAT TWO MILLION AND FOUR MILLION ARE PART OF THE INSURANCE REQUIREMENTS FROM THE CITY'S MASTER LICENSE AGREEMENT THAT WAS CREATED AT BELIEVE BACK IN 2018, 2017. THE TWO MILLION IN SINGLE OCCURRENCE AND TWENTY FIVE MILLION IN THE AGGREGATE IS THE INSURANCE REQUIREMENTS THAT WERE ADOPTED IN THE CITY OF ALEPPO. SO BOTH WERE DISCUSSED AT THIS MEETING. THE RECOMMENDATION FOR OURS WAS TWO AND FOUR, IS THAT CORRECT? I'M GOING TO ASK STAFF TO CONFIRM WHAT THEIR RECOMMENDATION WAS. I DON'T BELIEVE THERE WAS A NUMBER ASSOCIATED WITH IT. YES, THAT IS CORRECT, WE DIDN'T HAVE A SPECIFIC NUMBER. WE JUST HAD AN OUR OPTION EIGHT POTENTIAL EVALUATION OF ADDITIONAL INSURANCE REQUIREMENTS AND ADDITIONAL DIRECTION FOR ADDITION OF THOSE INTO THE POLICY. OK, THANK YOU. AND LIKE I SAID, JUST MY PERSONAL PREFERENCE, AND HOPEFULLY THEY NEVER HAVE TO USE IT, BUT I WOULD PREFER TO KEEP THE HIGHER LIMITS OF TWENTY FIVE. THANK YOU FOR ANSWERING MY QUESTIONS. WELCOME. OTHER QUESTIONS. YES. COUNCIL MEMBER ACOSTA. YOU KNOW, I SAW ONE THING IN THE COMMENTS THAT I DIDN'T SEE IN THE PRESENTATION IT [02:15:05] WAS ABOUT AND HAVING DIGITAL APPLICATIONS AND VERSUS SUBMITTING PAPER APPLICATIONS. AND I WAS WONDERING IF THAT WAS RESOLVED OR ADDRESSED. I SAW IT IN THE VERIZON LETTER THAT THEY WERE ASKING. IT WAS THE LAST ITEM THAT THEY WERE JUST ASKING FOR DIGITAL APPLICATIONS, AND I WAS WONDERING IF WE HAD RESPONDED TO THAT. THEMES WITH COVID AND EVERYTHING THAT WE WOULD HAVE ALLOWED THAT, BUT I'M JUST CHECKING. SO AS A GENERAL MATTER, WE RECOMMEND THAT STAFF BE GIVEN THE FLEXIBILITY TO ESTABLISH THE PERMIT APPLICATION SUBMITTAL PROCEDURES THAT MAKE SENSE FOR WHATEVER TIME WE'RE IN OR THE TYPES OF APPLICATIONS THAT ARE COMING THROUGH. SO IF THE COUNCIL WAS TO GIVE STAFF THE FLEXIBILITY TO ADOPT THOSE TYPES OF SUBMITTAL PROCEDURES THROUGH ELECTRONIC FILINGS, THAT WOULD BE AN OPTION. I'M SURE THERE'S PROBABLY SOME BACK INFRASTRUCTURE THAT WOULD NEED TO BE SET UP BEFORE IT COULD BE IMPLEMENTED. BUT OVERALL FLEXIBILITY AT STAFF LEVEL TO FIGURE OUT WHAT MAKES SENSE FOR HANDLING APPLICATION INTAKE IS OUR RECOMMENDATION. GREAT. ANYTHING ELSE FROM STAFF ABOUT HOW YOU RESPONDED TO THAT? YES. COUNCIL MEMBER THE WE DID MAKE SOME MODIFICATIONS TO THE DRAFT POLICY RELATED TO THAT. IT'S ALSO SOMETHING THAT AS WE COME OUT OF THE PANDEMIC SITUATION, WE WANT TO CONTINUE TO COMMUNICATE WITH THE INDUSTRY BECAUSE THERE ARE SOME REQUIREMENTS RELATED TO APPOINTMENTS AND OTHER THINGS THAT WE WANT TO CONTINUE TO HAVE FLEXIBILITY AND SEE HOW IT GOES. WORKING WITH INDUSTRY AS MORE AND MORE OF THESE BECOME BEGIN TO COME ONLINE. AND JUST TO ELABORATE A LITTLE BIT MORE AS FAR AS THE DEPARTMENT, WE ARE LOOKING AT TRYING TO STREAMLINE AS MUCH OF OUR PERMIT APPLICATIONS AS POSSIBLE, ESPECIALLY WHERE YOU HAVE MANDATES, WHERE WE HAVE TO HAVE VERY LIMITED TIME IN TERMS OF PROCESSING THE APPLICATIONS. WE'RE SEEING THE WITH SOLAR, WE'RE SEEING THIS WITH THE EV. THIS WOULD BE ANOTHER ONE WHERE WE WOULD WANT TO ESTABLISH A SYSTEM WHERE IF IT'S ONLINE, AS SIMPLE AS AN EMAIL SUBMITTAL. BUT THAT IS SOMETHING WE'RE TRANSITIONING TO, JUST NOT WITH THIS ONE, BUT WITH A NUMBER OF OUR APPLICATIONS. IT'S EXCELLENT, THANK YOU, AND IT REALLY DOES MAKE A LOT OF SENSE THAT WE WILL BE DOING THAT NOT JUST BECAUSE OF COVID, BUT FOR EFFICIENCY SAKE AND THE SAKE OF NOT HAVING TO USE PAPER FOR EVERYTHING BEING ABLE TO TO DO THINGS DIGITALLY NOW THAT WE KNOW THAT WE CAN. YEAH, IT MAKES A LOT OF SENSE. SO THANK YOU FOR THAT. I DO SEE A LOT OF THE OTHER COMMENTS HERE WHERE WE'RE WELL RESPONDED TO. AND I THINK THAT STUFF'S DONE A REALLY EXCELLENT JOB IN RESPONDING TO THE COMMUNITY AND ALL OF THE COMMUNITY'S CONCERNS, AS WELL AS INDUSTRY AND TRYING TO FIND THAT COMPROMISE AND THE RIGHT PATH FORWARD. SO THANK YOU FOR ALL YOUR HARD WORK ON THAT. AND I KNOW WE'RE TRYING TO BE A CITY THAT IS HIGHLY CONNECTED AND IS MAKING SURE THAT OUR POPULATION HAS ACCESS TO DIGITAL TOOLS. AND WE HAVE SUCH A STRONG EMPHASIS ON THAT. AND I THINK THAT THIS IS ALL PART OF THAT. SO THANK YOU FOR YOUR HARD WORK. ANY OTHER QUESTIONS? AND MAYOR I SEE, COUNCIL MEMBER NORBY HAND-RAISED. YES AND THEN AFTER MR. NORBY, WE DID HAVE EIGHT OPTIONS OR EIGHT ITEMS TO SPEAK TO. SO WE'LL GO TO THOSE AFTER WE TALK TO MR. NORBY. MR. NORBY MAKE SOME COMMENTS. THANK YOU. SO WE HEARD FROM A TELECOM, I THINK IT WAS MR. OSBORNE WANTING TO GO FROM FIVE HUNDRED FEET TO 200 FEET TO MAKE IT MORE EFFECTIVE, AND THEN WE HEARD FROM CITIZENS SAYING A THOUSAND FEET, TWO THOUSAND FEET. AND I BELIEVE YOUR RECOMMENDATION ON THAT WAS NEUTRAL. BUT WHAT DOES OUR STAFF SAY? WHAT DO OUR EXPERTS SAY ON THAT ISSUE OF DISTANCE COVERAGE AND FIVE HUNDRED FEET? THANK YOU. SORRY, GO AHEAD, ERIC. I WOULD SAY I'LL START AND THEN PASS OVER TO YOU IF THERE'S ANYTHING TO ADD. THANK YOU, COUNCIL MEMBER NORBY. WE'VE SEEN A LOT OF VARIETY RELATED TO THE RANGE OF THE SMALL CELL WIRELESS. IT WAS ALSO BROUGHT UP THAT SMALL CELL WIRELESS CAN BE EITHER 5G OR 4G, AND SO THERE IS ALSO A VARIATION IN THE RANGE RELATED TO THAT. THE SPECIFIC COMMENT AND OPTION THAT WE'VE INCLUDED IS ACTUALLY NOT A DISTANCE BETWEEN POLES. IT'S RELATED TO THE AREA THAT NEEDS TO BE EVALUATED FOR POLE PREFERENCE. AND SO THE ORDINANCE ESSENTIALLY REQUIRES THAT YOU FIRST LOOK AT EXISTING VERTICAL INFRASTRUCTURE BEFORE ADDING NEW POLES AND ITEMS. AND SO THE COMMENT FROM INDUSTRY WAS TO REDUCE THE AREA, YOU NEED TO EVALUATE EXISTING FACILITIES FROM FIVE HUNDRED TO TWO HUNDRED. THE CITY COUNCIL HAS THAT OPTION, BUT LOOKING AT OTHER ORDINANCES AND THE POTENTIAL RANGE WHICH FIVE HUNDRED IS ON SOME OF THE LOWER ENDS OF THE RANGE, WE'RE WE WERE NEUTRAL IN MAKING THAT CHANGE BECAUSE WE DO THINK IT IS ADEQUATE TO REQUIRE THAT THEY LOOK AT AN [02:20:01] AREA OF FIVE HUNDRED BEFORE THEY ADD ADDITIONAL INFRASTRUCTURE. AND WITH THAT TRIP, IS THERE ANYTHING YOU WANTED TO ADD ON THAT? YEAH, I THINK YOU COVERED IT PRETTY WELL. I JUST WANTED TO POINT OUT THAT THE TYPES OF TECHNOLOGIES THAT YOU SEE USED IN SMALL WIRELESS FACILITIES ARE SIMILAR TO THE ONES THAT YOU SEE ON MACRO CELLS. SO I THINK IT IS TRUE THAT 4G TECHNOLOGY IS ON A MACRO CELL COULD COVER A RADIUS OF SEVERAL MILES GIVEN THE RIGHT TYPES OF EQUIPMENT. BUT THAT'S JUST NOT NECESSARILY HOW SMALL WIRELESS FACILITIES ARE USED. THEY TYPICALLY COVER SMALLER AREAS THAT ARE HARD TO REACH WITH MACRO FACILITIES, SO LIKE FILLING IN A SMALL HOLE IN THEIR COVERAGE. AND ONE OF THE CHALLENGES THAT STAFF FACES IS THAT WE ARE NOT ABLE TO REGULATE TECHNICAL ENGINEERING CHOICES MADE BY THE CARRIERS. ONLY THE FCC HAS THAT AUTHORITY. WE ARE ALLOWED TO REGULATE ESTHETICS AND PLACEMENT AND THE LINE BETWEEN WHAT SOMETHING IS AND WHERE HOW IT LOOKS IS SOMETIMES HARD TO DEFINE. BUT WHILE WE CAN SAY WE PREFER THESE THINGS TO BE AWAY FROM RESIDENTIAL AREAS OR LOCATED ON ARTERIAL STREETS WHENEVER IT'S FEASIBLE TO DO SO, IT WOULD BE DIFFICULT TO SAY YOU MUST USE A PARTICULAR KIND OF TECHNOLOGY AND THEN SURVIVE A LEGAL CHALLENGE. OK, THANK YOU FOR THAT. AND THEN I BELIEVE IT WAS A NO FOR KIND OF OPTION NUMBER FOUR, AND THAT WAS THE KIND OF MAP WITH PRIME ARTERIALS. AND I JUST NOTICED THAT, YOU KNOW, THERE'S SOME STREETS LIKE TAMARACK, THERE'S A HOUSE, ALL THE HOUSES DRIVEWAY IN FRONT ON THAT ARTERIAL AND THEN SOME OF THE OTHERS, THE DRIVEWAYS FRONT ON THAT ARTERIAL AND THEN SOME OF THE ARTERIALS THERE SETBACKS, RIGHT? AND THERE'S NO DRIVE. THERE'S NO FRONTAGE ON THOSE ARTERIALS OR THE ROADS THAT WE USED IN THAT MAP. THEY'RE NOT THE SAME. I MEAN, THERE'S SOME THAT ARE JUST DIRECTLY IN FRONT OF HOMES AND SOME THAT DON'T HAVE ANY HOMES. THERE'S MAYBE ONE HUNDRED FOOT SETBACK ON THEM. SO JUST JUST AN OBSERVATION. THAT CONCLUDES MY COMMENTS. SO IF STAFF COULD PUT BACK UP THE EIGHT THINGS THAT YOU POSE TO US AS QUESTIONS. OK, I CAN DO THAT. SO THREE, FIVE, SIX AND EIGHT ARE RECOMMENDED BY STAFF. DOES ANYONE ON THE COUNCIL HAVE ANY OBJECTION TO THOSE BEING RECOMMENDED? AND THEN WE'LL DISCUSS THE OTHER FOUR. WE'RE IMPLEMENTING THOSE. AND I CAN'T SEE EVERYBODY, IF SOMEBODY IS NOT IN AGREEMENT, PLEASE SAY SO. OK. MS. BREWER, DO YOU WANT THAT IN THE FORM OF A MOTION, OR SHOULD I HOLD THAT AND TALK ABOUT THE OTHER ONES FIRST, YOU READ MY MIND MAYOR. IT WOULD HELP US IF YOU WOULD DO THEM AS DISCRETE MOTIONS SO THAT WE CAN FOLLOW ALONG SO YOU CAN TAKE THE FOUR OF THEM TOGETHER AND THEN WE CAN GO ON TO THE REST OF THEM. SO LET'S MAKE A MOTION? MR. BLACKBURN THREE FIVE SIX EIGHT EIGHT. WE APPROVE THOSE. THAT'S MY MOTION. PLEASE CALL ROLL. THAT'S JUST ON THESE ITEMS. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA AYE. COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR, PRO TEM BLACKBURN AYE. MAYOR HALL, AYE. SO THOSE PASSED UNANIMOUSLY. SO LET'S GO BACK TO THE ONES THAT ARE NOT RECOMMENDED, WHICH IS ITEM TWO. DOES ANYBODY OBJECT TO ITEM TWO? NOT HEARING ANY ONE, SO WE'RE NOT GOING TO MAKE A MOTION TO DO. FIRST OF ALL, I GUESS MS. BREWER, DO WE NEED A MOTION ON ITEM TWO? I THINK IT WOULD BE EASIER IF YOU TOOK ALL OF THE REMAINING ITEMS AND HAD A VOTE UP OR DOWN, UP OR DOWN. OK. SOME OF THEM MIGHT GO DIFFERENT DIRECTIONS, BUT. BUT I'LL TRY THAT, SO I'LL TRY THAT, LET'S SAY ONE ONE, TWO, AND SEVEN, WE RECOMMEND WE DON'T APPROVE THOSE. YOU WANT TO TRY THAT SLATE, YOU CAN DO THAT, YES. OK. [02:25:03] I'M SO SORRY. NORMALLY WE JUST ASK IF ANYBODY WANTS TO MAKE THAT MOTION AND WHEN IT WILL DIE FROM NO MOTION IN THIS PARTICULAR CASE WE'RE MAKING OK, SPEAKERS] MAKE THAT MOTION. THAT'S FAIR. MR. BLACKBURN DOES SOMEBODY WANT TO MAKE A MOTION ON THAT TO THAT? OK, I DIDN'T HEAR ANYBODY WANT TO MAKE THAT MOTION. SO I THINK THE QUICKEST WAY PROBABLY IS JUST TO GO THROUGH THESE REAL QUICK ONE AT A TIME. WE'LL START WITH NUMBER TWO THAT'S NOT RECOMMENDED. WILL SOMEONE WANT TO MAKE A MOTION TO THAT EFFECT? OK, NOT HEARING A MOTION THERE. SO I'M SORRY, MAYOR I JUST WANT TO SAY, SO WHAT YOU'RE WHAT YOU'RE ASKING IS, WOULD ANYONE LIKE TO MAKE A MOTION TO APPROVE THAT ITEM? YEAH, NOT TO RECOMMEND IT. I'M TRYING TO MAKE THIS MAKE SENSE FOR THE LAY PEOPLE AND FOR ME. SO WHAT I WAS, WHAT I WAS WANTING TO DO IS APPROVE STAFF'S NOT TO RECOMMEND IT. DO WE NEED A MOTION NOT TO RECOMMEND? NO. I THINK WHAT YOU JUST WANT TO SAY IS THERE IS ANYBODY WANT TO MAKE A MOTION TO RECOMMEND IT BECAUSE RIGHT NOW IT'S NOT RECOMMENDED. OK. DOES ANYONE CLAM UNDERSTANDING YOU? OK, THAT'S FAIR. DOES ANYONE WANT TO MAKE A MOTION ON AN ITEM TWO TO RECOMMEND IT. NOT HEARING ANYBODY SO OUT TWO IS OFF THE TABLE, SO WE'RE NOW DOWN TO ONE, THREE LET'S SEE ONE, FOUR AND SEVEN ARE NEUTRAL, RIGHT? ANYONE'S THOUGHTS. MAYOR, YEAH, SO I ACTUALLY I'M LOOKING AT THIS LIST AGAIN. HAVE POSSIBLY A COUPLE MORE QUESTIONS BECAUSE SOME IDEAS ARE ARE BEING GENERATED BY LOOKING AT THIS AGAIN. SO ON THE FIRST ONE, THE STAFF POSITION IS NEUTRAL TO ALLOW SMALL WIRELESS FACILITY CO-LOCATIONS FOR UP TO TWO FACILITIES ON ONE SUPPORT POOL. THIS IS NEUTRAL AND I AND WHEN STAFF MADE THE PRESENTATION AND AS I WAS LOOKING THROUGH THE STAFF REPORT, I MEAN, I COULD SEE PROS AND CONS OF THIS. BUT ISN'T IT EASIER FOR US? IS IT? DON'T WE LEAN MORE POSITIVE TOWARDS ALLOWING THE CO LOCATIONS BECAUSE THEN WE DON'T HAVE TO HAVE MORE LOCATIONS LIKE YOU JUST IDENTIFY ONE LOCATION, THEN YOU'VE GOT MULTIPLE FACILITIES ON THAT ONE LOCATION. SO I JUST WANTED TO SEE WHICH WAY STAFF WAS LEANING. EVEN THOUGH WE'RE NEUTRAL, WE'RE LEANING STAFF LEANING MORE MORE POSITIVE. THAT'S A REAL PRO. IT'S JUST ONE ONE. PULL MULTIPLE FACILITIES, AND I COULD SEE THAT THE CON MAY BE THAT A POLE COULD COULD GET BULKY IF IT HAS TOO MUCH EQUIPMENT ON IT. BUT IF YOU'RE ONLY ALLOWING TWO BOXES ON ONE POLE, THAT'S WHAT THIS SAYS TWO FACILITIES ON ONE SUPPORT POLE, THEN THAT MIGHT BE PREFERRED. SO JUST CHECKING IN WITH STAFF ON THAT. IS SO COUNCIL MEMBER ACOSTA, YOU ARE CORRECT THAT IT WOULD THEORETICALLY HAVE LESS FACILITIES OUT THERE AND BULKIER, THE ADDITIONAL CONSIDERATION IS BASED ON OUR CONVERSATION AND UNDERSTANDING THE TWO ANTENNAS WOULD NEED TO BE SEPARATED VERTICALLY ON THE POLE AS WELL. SO IT COULD POTENTIALLY ALSO RESULT IN SOME TALLER FACILITIES TO PROVIDE FOR THAT VERTICAL SEPARATION OF ABOUT 10 FEET. AND SO THAT'S WHY WE'VE SEEN IT IN SOME ORDINANCES. SO IF THE COUNCIL WANTS TO ALLOW THE MOST FLEXIBILITY FOR IT, THEN THEY SHOULD RECOMMEND ADDING THAT INTO THE POLICY. OK, SO JUST TO RESTATE THAT THAT IT WOULD ALLOW FOR A LOT MORE FLEXIBILITY IF WE IF WE DID AGREE TO ALLOW CO-LOCATIONS FOR UP TO TWO FACILITIES ON ONE SUPPORT POLE, WE COULD ALSO ADD IN THE LANGUAGE THAT THE MAXIMUM HEIGHT LIMIT STILL STANDS. SO IF THEY CAN'T TECHNICALLY FIGURE IT OUT, THEN THEY CAN'T CO-LOCATE ON ONE POLE. YES, THAT IS CORRECT. IF I MAY, ONE OF THE OTHER REASONS WHY WE MIGHT NOT WANT TO GO DOWN THE ROAD OF ALLOWING MULTIPLE FACILITIES ON ONE POLE IS THAT THE CARRIERS ALREADY HAVE RIGHTS TO CO-LOCATE WITHIN THE BOUNDARIES OF THE CRITERIA SET OUT BY THE FCC UNDER SECTION 64, WHICH IS A STATUTE THAT ALLOWS CO-LOCATION BY RIGHT ESSENTIALLY. AND SO IF WE WERE TO ALLOW THE FACILITIES TO GET BIGGER UNDER THE CODE, THEY COULD THEN GET EVEN BIGGER AGAIN UNDER SECTION SIXTY FOUR. IT'S ONE REASON WHY YOU MIGHT WANT TO AVOID THAT. AND THAT STATUTE DOES PREEMPT HEIGHT LIMITATIONS THAT ARE INCONSISTENT WITH THE RIGHTS TO EXPAND UNDER FEDERAL REGULATIONS. SO SETTING A LOWER BASELINE HAS SOME ADVANTAGES FOR LONG TERM PLANNING. [02:30:03] THE OTHER THING I WOULD JUST IN COMMENTING COUNCIL MEMBER, IF STAFF THOUGHT THIS WAS A POSITIVE, THEY WOULD HAVE, THEY WOULD HAVE SAID RECOMMEND. SO OBVIOUSLY, WHEREVER YOU SEEING NEUTRAL, THEY'RE CONS EQUAL TO THE POSITIVES. SO I WOULD JUST KEEP THAT IN MIND. AND SOME OF THE STUFF GETS PRETTY DARN DETAILED. SO DO I HEAR SUPPORT FOR ITEM ONE? I HEAR YOU. I WAS STILL A LITTLE THE LAST RESPONSE BY MR. MAY THREW ME FOR A LOOP BECAUSE I THOUGHT I WAS LEANING POSITIVE, BUT CERTAINLY DON'T WANT IT TO GET TOO BIG. SO AS LONG AS THERE'S SIZE RESTRICTIONS, THAT WOULD BE SOMETHING THAT THAT I WOULD BE IN FAVOR OF. CO-LOCATING BECAUSE, AS MR. MAY MENTIONED, THAT IS SOMETHING RECOMMENDED BY THE FEDERAL GOVERNMENT. IN ORDER TO MINIMIZE THE NUMBER OF LOCATIONS TO CO-LOCATE, IT'S A GOOD THING. SO I WOULD RECOMMEND DOING THAT. BUT WITH THE CURRENT SIZE RESTRICTIONS IS THAT POSSIBLE? IS THAT SOMETHING THAT IS WRITTEN IN AND EASY TO DO WITH WHAT WE HAVE RECOMMENDED HERE? YES, THAT'S FOR MR. LARDY OR MR. BARBARIO. THIS OPTION WOULD NOT INCREASE THE HEIGHT LIMIT THAT'S INCLUDED IN OTHER LOCATIONS IN THE DRAFT POLICY. AND SO UNLESS THERE WAS AN EXCEPTION DUE TO THOSE FTC REQUIREMENTS THAT MR. MAY WAS GOING OVER THE EXISTING HEIGHT STANDARD, WHICH WOULD APPLY. OK, SO NO, SO THERE WILL BE NO ADDITIONAL CHANGES, THERE WOULD BE NO GROWTH. SO ALLOWING FOR CO-LOCATION FOR UP TO TWO FACILITIES ON ONE SUPPORT POLE, WHICH WOULD ACTUALLY ACHIEVE LESS POLES. YES, THAT IS CORRECT. OK, SO I WOULD BE IN SUPPORT OF THIS ONE. YOU WANT TO MAKE A MOTION? YEAH, SO I MOVED TO SUPPORT THE RECOMMENDED MODIFICATION, NUMBER ONE. IS THERE A SECOND? I SECOND. OK. CALL FOR THE QUESTION.AY.E, COUNCIL MEMBER BHAT-PATEL, NO. MAYOR PRO TEM BLACKBURN NO. MAYOR HALL, NO. SO THAT ONE DIDN'T PASS. WE GO DOWN TO ITEM FOUR PLACEMENT RESIDENTIAL AREAS. AND WE WANT TO MAKE A MOTION, YES OR NO. NOT HEARING ANYONE MAKE A RECOMMENDATION ON THAT. ITEM NUMBER SEVEN. ANYONE WANT TO MAKE A RECOMMENDATION ON THAT? NOT HEARING ANYONE, SO I GUESS WE DON'T WANT TO RECOMMEND THAT EITHER. MS. BREWER. HELP ME HERE, DO WE NEED TO MAKE ANY OTHER MOTIONS ON THIS? THANK YOU. SO NOW THAT YOU'VE GONE THROUGH YOUR LIST, MAYOR, I THINK WHAT YOU WANT TO DO IS RETURN TO YOUR OPTIONS AND YOUR STAFF REPORT OPTION NUMBER THREE IS TO ADOPT THE MODIFICATIONS TO THE POLICY WITH THE SUGGESTED CHANGES AND IN THIS CASE, YOUR SUGGESTED CHANGES WOULD BE THREE, FIVE, SIX AND EIGHT. THE WAY I UNDERSTAND YOUR MOTIONS. THANK YOU, I APPRECIATE THAT GUIDANCE. AND I JUST LIKE TO CHECK IN WITH STAFF AND MAKE SURE THERE'S NOTHING ELSE WE NEED. NO, MS. BREWER. THANK YOU, MR. BLACKBURN, DO YOU WANT TO MAKE THAT MOTION? LET'S SEE IF I CAN WORK MY WAY THROUGH IT. MOVE ADOPTION OF THE RESOLUTION TO MODIFY THE DESIGN STANDARDS TO INCLUDE ITEMS NUMBER THREE, FIVE, SIX AND EIGHT. MS. BREWER, IS THAT SATISFACTORY? THAT'S CORRECT. YOU WENT FROM FROM THE OPTIONS TO THE RESOLUTION, BUT YES. OK, THANK YOU. OK. OK. PLEASE CALL ROLL. COUNCIL MEMBER ACOSTA AYE. COUNCIL MEMBER BHAT-PATEL AYE. MAYOR PRO TEM BLACKBURN AYE. MAYOR HALL AYE. PASSES UNANIMOUSLY SO, WE WERE AT 5:30 IN WHAT WAS THIS ITEM 13 ITEM 16, SIR? AND WE WANT TO TAKE A BREAK FOR 10 MINUTES. WE CAN DO THAT. WE STILL GOT A WAYS TO GO. TAKE A 10 MINUTE BREAK. YEAH, I'VE SEEN THUMBS UP THERE BY ONE COUNCIL MEMBER, SO IT IS FIVE THIRTY FIVE, SO [02:35:01] YOU'LL BE BACK AT FIVE FORTY FIVE. [17. AMENDMENT NO. 5 TO EXTEND AND AMEND THE AGREEMENT FOR TRANSFER STATION AND DISPOSAL SERVICES WITH PALOMAR TRANSFER STATION INC.] NUMBER FIVE, TO EXTEND AND AMEND THE AGREEMENT FOR TRANSFER STATION AND DISPOSAL SERVICES WITH PALOMAR TRANSFER STATION INC. THANK YOU, SIR, AND MAKING OUR PRESENTATION TODAY IS OUR ENVIRONMENTAL MANAGEMENT DIRECTOR, MR. JAMIE WOOD. SIR. GOOD EVENING, MAYOR, MAYOR, PRO TEM AND COUNCIL MEMBERS, I'M VERY HAPPY TO BE HERE TONIGHT TO SHARE THIS ITEM WITH YOU. SO, WE ARE LOOKING AT THE PALMORE TRANSFER STATION AGREEMENT. MY NAME IS JAMIE WOOD, I'M THE ENVIRONMENTAL MANAGEMENT DIRECTOR, AND COUNCIL PROVIDED IN JUNE 19 OF 2020, PROVIDED DIRECTION TO STAFF TO BEGIN NEGOTIATIONS WITH REPUBLIC FOR THE ADDITIONAL SERVICES AND A FIVE YEAR EXTENSION OF THE CITY'S CONTRACT. STAFF, ALONG WITH HF&H CONSULTANTS, NEGOTIATED WITH REPUBLIC SERVICES FOR THE NEW CONTRACT TERMS. THIS INCLUDED PROGRAMS AND SERVICES TO FULLY COMPLY WITH THE CURRENT AND PENDING STATE LAWS. SO THE NEW CONTRACT EXTENSION IS COTERMINOUS WITH THE COUNTY LEASE AGREEMENT, WHICH EXPIRES IN TWENTY TWENTY SEVEN. ALONG WITH THIS CONTRACT, IT ALSO INCLUDES THE RESPONSIBILITY FOR THE OPERATION OF THE RECYCLING BUYBACK CENTER AND DROP OFF. IT INCLUDES PROGRAMS TO INCREASE DIVERSION OF THE CITY'S RECYCLABLE MATERIALS, INCLUDING CONSTRUCTION AND DEMOLITION, AND IT INCLUDES PROGRAMS TO ASSIST WITH THE COMPLIANCE OF NEW STATE ORGANICS RECYCLING REQUIREMENTS. THIS CONTRACT ALSO INCLUDES LIQUIDATED DAMAGES, WHICH ARE RELATED TO DIVERSION PROGRAMS AND CONTRACTUAL REQUIREMENTS THAT WERE NOT IN PREVIOUS CONTRACTS. AND IT INCLUDES THE FEES FOR THE SOLID WASTE GENERATED BY NON CITY FRANCHISE HAULERS THAT WILL BE USED TO COVER COSTS RELATED TO IMPLEMENTING THE NEW STATE ORGANICS REGULATIONS. AND THOSE ARE PART OF THIS CONTRACT, BUT WE'LL BE DISCUSSING THOSE IN THE NEXT ITEM, ITEM 18 OF THIS AGENDA. SO LOOKING AT THE FEES ATTACHED TO THIS CONTRACT, THIS AGAIN, IS JUST FOR THE HAULING FROM PTS AND DISPOSAL FOR SOLID WASTE. ALSO THE HAULING AND PROCESSING OF ORGANICS AND CONSTRUCTION AND DEMOLITION. AND THIS IS THE PER TON CHARGE. SO THIS IS WHAT WE NEGOTIATED WITH HF&H CONSULTANTS WITH REPUBLIC. AND THEN THESE FEES AS A PER TON CHARGE ARE THEN SEPARATED OUT INTO THE ACTUAL RATES FOR TWENTY TWENTY TWO AND TWENTY TWENTY THREE. SO YOU'LL SEE HERE IN THIS CHART THE ACTUAL PER UNIT RATE, CURRENT RATES, THE NEXT YEAR PROPOSED RATES AND THEN THE CHANGE HERE. AND THESE ARE NOT AN EXHAUSTIVE LIST OF ALL OF THE THINGS BECAUSE THERE ARE SO MANY DIFFERENT ONES. WE JUST PICKED THE ONES TO PRESENT HERE THAT ARE THE MOST COMMON USE BY RESIDENTS AND BUSINESSES. SO THERE'S A SMALLER RESIDENTIAL CARD, [INAUDIBLE] SMALLER AND LARGER COMMERCIAL CARDS. BUT WE JUST TRIED TO PICK THE MOST COMMON THAT YOU'D SEE AND THOSE ARE HERE, AND I WON'T GO THROUGH ALL OF THESE RATES, BUT HAPPY-- WE'RE HAPPY TO ANSWER ANY QUESTIONS OR COME BACK TO THIS IF YOU HAVE QUESTIONS. THIS WAS IN THE STAFF REPORT. SO THE RECOMMENDATION TONIGHT IS TO ADOPT A RESOLUTION APPROVING AMENDMENT NUMBER FIVE TO EXTEND AND AMEND THE AGREEMENT FOR THE TRANSFER STATION AND DISPOSAL SERVICES WITH PALOMAR TRANSFER STATION INCORPORATED AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL FUNCTIONS OF THE CITY CONTRACT MANAGER AS DESCRIBED IN AMENDMENT NUMBER 5. WITH THAT I WILL STOP SHARING AND STAFF IS HERE, ALONG WITH THE ASSISTANT CITY ATTORNEY AND OUR CONSULTANT HF&H TO HELP ANSWER ANY QUESTIONS THE STAFF MAY HAVE. DO WE HAVE ANY SPEAKERS ON THIS ITEM? I WILL CALL FOR SPEAKERS. AT THIS TIME, I WOULD LIKE TO ASK THOSE WISHING TO SPEAK ON ITEM NUMBER 17 TO 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. YOU WILL HAVE THREE MINUTES TO MAKE YOUR COMMENTS. YOU WILL BE MUTED ONCE TO THREE MINUTES HAVE CONCLUDED. ONCE AGAIN, PLEASE RAISE YOUR HAND OR PRESS STAR NINE NOW. WE DO HAVE A SPEAKER, NEIL MOORE, CAN YOU PLEASE UNMUTE? GOOD EVENING, MAYOR AND COUNCIL. MY NAME'S NEIL MOORE, GENERAL MANAGER WITH REPUBLIC SERVICES. JUST WANT TO SAY I'M AVAILABLE IF THERE ARE ANY QUESTIONS I DO LIKE MR. WOODS NEW SYMBOL OF ADDING ANOTHER R TO THE HISTORIC THREE R'S OF REDUCE, REUSE AND [02:40:01] RECYCLE, NOW REPEAT. BUT AGAIN, WE'RE PROUD TO BE A PARTNER WITH THE CITY OF CARLSBAD, PROVIDE WASTE RECYCLING ORGANICS SOLUTIONS FOR THE RESIDENTS AND THE BUSINESSES. WE SEE PALOMAR TRANSFER STATION, I'M SURE YOU DO ALSO, IS REALLY AN ESSENTIAL INFRASTRUCTURE FOR CARLSBAD IN THE REGION AND IT REALLY PLAYS AN IMPORTANT ROLE IN GIVING US THE ABILITY TO PROACTIVELY ADDRESS COMPLIANCE LIKE THE THIRTEEN EIGHTY THREE THAT YOU HAVE HEARD SO MUCH ABOUT, BUT ALSO IN LINE WITH YOUR CLIMATE PLANS AND ALSO THE SUSTAINABLE MATERIALS PLAN THAT YOU'LL SEE THAT THE STAFF IS REALLY ASKED US TO WORK HARD ON DIVERTING MORE CONSTRUCTION AND DEMOLITION DEBRIS. BUT JUST WANT TO SAY THANK YOU FOR THE CONTINUED PARTNERSHIP AND THE SPIRIT OF TEAMWORK. WE'RE WORKING TOGETHER TO ACHIEVE THESE GOALS OF RECYCLING AND SAFE MANAGEMENT OF THE WASTE WHILE WE'RE PROVIDING GREAT SERVICE TO THE RESIDENTS AND BUSINESSES OF CARLSBAD. SO, THANK YOU VERY MUCH. THANK YOU. THAT'S THE ONLY SPEAKER? THAT CONCLUDES OUR SPEAKERS, YES. OK, DO WE HAVE ANY QUESTIONS OF STAFF? DO WE HAVE ANY COMMENTS? MR. BLACKBURN, YOU'RE UP. MOVE ADOPTION OF THE RESOLUTION CONTAINED AN AGENDA ITEM NUMBER 17. SECOND. [INAUDIBLE] PLEASE CALL ROLL. COUNCIL MEMBER NORBY. YOU'RE ON MUTE. AYE. COUNCIL MEMBER ACOSTA. AYE. COUNCIL MEMBER BHAT-PATEL. AYE. MAYOR PRO TEM BLACKBURN. AYE. MAYOR HALL. AYE. PASSES UNANIMOUSLY ITEM NUMBER 17. COUNCIL, I WOULD LIKE TO POINT OUT THAT THERE WAS A SECOND COMPONENT OF THE RECOMMENDATION, WHICH INCLUDED AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL OF THE AGREEMENTS AS NECESSARY. IT WASN'T IN THE RESOLUTION, BUT IT WAS A SECOND RECOMMENDATION. COULD WE GET A MOTION TO APPROVE THAT? [INAUDIBLE] MY MOTION. SECOND. CALL ROLL. COUNCIL MEMBER NORBY. AYE. COUNCIL MEMBER ACOSTA. AYE. COUNCIL MEMBER BHAT-PATEL. AYE. MAYOR PRO TEM BLACKBURN. AYE. MAYOR HALL. AYE. SO THAT PASSES UNANIMOUSLY ALSO. THANK YOU, MS. BREWER. MOVING ON TO ITEM 18, SUSTAINABLE MATERIALS MANAGEMENT AND [18. SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN] IMPLEMENTATION PLAN. MR. CHADWICK. YES SIR AND MAKING OUR PRESENTATION TODAY AS OUR ENVIRONMENTAL MANAGEMENT DIRECTOR JAMIE WOOD AND OUR SENIOR PROGRAM MANAGER AVECITA JONES. THANK YOU, CITY MANAGER. THANK YOU AGAIN, MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS, WE'RE VERY EXCITED TO BE PRESENTING TONIGHT THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN, AS WELL AS THE-- WHICH INCLUDES THE POLICIES, ROAD POLICIES ROADMAP AND AVECITA JONES IS HERE, SENIOR PROGRAM MANAGER, WITH ME TO HELP PRESENT THIS THIS ITEM. THANK YOU, JAMIE. IT'S AN HONOR TO PRESENT THE FINAL SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN. PERSONALLY, IT'S BEEN A DREAM OF MINE FOR THE PAST SEVEN YEARS, SO GOOD AFTERNOON, COUNCIL MEMBERS, MAYOR, MAYOR PRO TEM I AM GRATEFUL TO PRESENT THIS PLAN WITH JAMIE AND HAVE THAT OPPORTUNITY. AVECITA, IF YOU ADVANCE THE SLIDES, PLEASE. SO IN TWENTY NINETEEN, THE CITY ADOPTED THE SUSTAINABLE MATERIALS MANAGEMENT PLAN. IT INCLUDED THREE PHASES. THE FIRST PHASE WAS TO COMPLY WITH ALL-- TO HELP US TO COMPLY WITH ALL CURRENT STATE SOLID WASTE REGULATIONS. IN PHASE TWO, IT WAS TO COMPLY WITH THE NEW SB THIRTEEN EIGHTY THREE STATE LAW ON ORGANIC WASTE, AND THEN PHASE THREE WAS TO ESTABLISH SUSTAINABLE MATERIALS MANAGEMENT SYSTEMS THROUGHOUT CARLSBAD. THEY FIRST WANTED TO TALK A LITTLE BIT ABOUT PHASE TWO, WHICH IS THE COMPLIANCE WITH NEW ORGANICS REGULATIONS, THIS REQUIREMENT HAS SEVEN COMPONENTS. FIRST WAS COLLECTION AND PROCESSING OF ORGANIC WASTE, AND THIS IS BEING HANDLED BY REPUBLIC SERVICES THROUGH THE WASTE HAULER AGREEMENT THAT YOU COUNCIL APPROVED BACK IN SEPTEMBER. THE OTHER COMPONENTS, WHICH AREN'T INCLUDED IN THAT CONTRACT, INCLUDE AN EDIBLE FOOD RECOVERY PROGRAM, OUTREACH AND EDUCATION TO THE COMMUNITY, A PROCUREMENT OF RECYCLING AND ORGANIC WASTE PRODUCTS, SECURING CAPACITY FOR ORGANICS, RECYCLING, EDIBLE FOOD RECOVERY, MONITORING COMPLIANCE AND CONDUCTING ENFORCEMENT AND RECORDKEEPING. SO CURRENTLY, WE DO NOT HAVE THE STAFFING TO MEET COMPLIANCE WITH THIS LAW, AND SO ONE OF THE EXHIBIT TWO, WHICH IS THE RESOLUTION YOU HAVE TODAY, INCLUDES TO APPROVE [02:45:13] FOUR NEW SB THIRTEEN EIGHTY THREE COMPLIANCE RELATED FULL TIME STAFF POSITIONS AND A SALARY ADJUSTMENT FOR THE SENIOR PROGRAM MANAGER POSITION AND TO APPROPRIATE FUNDS FROM THE SOLID WASTE ENTERPRISE FUND FOR FISCAL YEAR TWENTY TWENTY ONE AND TWENTY TWO. AND THE-- AS I MENTIONED IN THE PREVIOUS AGENDA ITEM, THE FUNDING FOR THIS WAS INCLUDED IN THAT PALOMAR [INAUDIBLE] FOR THE FOUR STAFFERS, AND THE SALARY ADJUSTMENT WERE INCLUDED IN THE SB-- IN THE ITEM NUMBER 17 IN THE AGENDA THAT WAS JUST RECENTLY APPROVED. AND WITH THAT, I WILL TURN IT OVER TO AVECITA TO WALK THROUGH THE NEW ROADMAP FOR SINGLE USE PLASTICS. PHASE NUMBER THREE ESTABLISHED SUSTAINABLE MATERIALS MANAGEMENT SYSTEMS, WHICH IS NOT AN EASY ENDEAVOR. THEY ESTABLISHED THE PATH TO CREATE THIS VERY IMPORTANT DOCUMENT THAT WE ARE PROUDLY PRESENTING TO YOU TODAY. THE [INAUDIBLE] MANAGEMENT IMPLEMENTATION PLAN, SMMIP. THE SMMIP IS BROKEN DOWN INTO SEVERAL INITIATIVES. INITIATIVE A IS THE CITY DEPARTMENT ACTION PLAN. OUR CONSULTANT MET WITH THOSE CITY DEPARTMENTS AND DEVELOPED THE ACTION PLANS WITH EACH ONE OF THEM TO INCREASE SUSTAINABILITY. INITIATIVE B STAKEHOLDER ENGAGEMENT, THIS WAS DONE RELATED TO THE SMMIP FOR THE PROPOSED POLICIES THAT WERE PRESENTED TO COUNCIL BACK IN SEPTEMBER. INITIATIVE C POLICY DEVELOPMENT WE PRESENTED TO COUNCIL ON SEPTEMBER TWENTY ONE. AN EXTENSIVE LIST OR A WISH LIST OF POLICIES THAT ALIGN WITH THEIR CITY'S CORE VALUES OF SUSTAINABILITY. THESE RECOMMENDATIONS WERE BASED ON EXTENSIVE RESEARCH AND ENVIRONMENTAL IMPACT ANALYSIS. COUNCIL ULTIMATELY IDENTIFIED FOUR PRIORITY POLICIES AND DIRECTED STAFF TO COME BACK WITH A ROADMAP, PRIORITIZING THE POLICIES THAT WE WILL BE DISCUSSING SHORTLY. INITIATIVE D TECHNICAL ASSISTANCE, PUBLIC EDUCATION AND OUTREACH. THIS INITIATIVE IS KEY TO THE SUCCESS OF THE ROADMAP AND THE POLICY IMPLEMENTATION. SO LET'S REVIEW THE POLICIES THAT COUNCIL SELECTED AND DIRECTED STAFF TO DEVELOP THE ROADMAP, AND IT WILL BE THE SINGLE USE PLASTIC AND EXPANDED POLYSTYRENE FOOD SERVICE WARE PHASED-IN BAN BY SERVICE PROVIDERS THROUGHOUT THE CITY. THE PLASTIC BEVERAGE BOTTLE BAN FOR CITY FACILITIES AND CITY AFFILIATED EVENTS. THE BALLOON RELEASE BAN THROUGHOUT THE CITY. AND THE PLASTIC BAG BAN THROUGHOUT THE CITY. THE ROADMAP WILL INCLUDE STAGE ONE, WHICH IS THE DEVELOPMENT OF THE ORDINANCE. THE PUBLIC COMMENT AND COUNCIL ADOPTION. THE STAGE TWO, OH, SORRY. STAGE TWO, WHICH WILL BE THE ROLLOUT EDUCATION AND VERY KEY TO TECHNICAL ASSISTANCE FOR IMPLEMENTATION TO BUSINESSES AND THE PHASE-IN ENFORCEMENT AND THEN OTHER ONGOING ACTIVITIES. BUT BEFORE WE GO IN DETAIL TO THE ROADMAP, LET'S REVIEW ASSEMBLY BILL 1276. UH, ASSEMBLY BILL, I WOULD LIKE TO NOTE THAT THIS ASSEMBLY BILL WAS PASSED ON OCTOBER TWENTY TWENTY ONE AND IT PROHIBITS ANY FOOD FACILITY OR A THIRD PARTY FOOD DELIVERY PLATFORM IN THIS STATE FROM PROVIDING ANY SINGLE USE FOOD SERVICE WARE TO CONSUMERS UNLESS THEY ARE, IT IS REQUESTED BY THE CONSUMER. AB 1276 IS DESIGNED TO REDUCE PLASTIC POLLUTION FROM SINGLE FOOD AND BEVERAGE ACCESSORIES. THIS BILL EXPANDS ON THE SKIP THE STUFF OR UPON REQUEST INITIATIVES, AND IT REQUIRES CITIES TO ENFORCE THESE REQUIREMENTS BY JUNE ONE, TWENTY TWENTY TWO. SO AS YOU CAN SEE, IT SEEMS THAT WE'RE JUST IN TIME TO MEET COMPLIANCE WITH THIS NEW REGULATION. SO THE ROAD MAP OVERVIEW IN TWENTY TWENTY ONE. STAFF WORK WITH OUR CONSULTANTS, HF&H CONSULTANTS, AND DEVELOP THE SMMIP MAP, INCLUDING THE ROAD MAP. IN TWENTY TWENTY TWO, WE WILL BEGIN ORDNANCE DRAFTING FOR THESE POLICIES. WE CAN HARDLY WAIT. WE HAVE ALREADY CONDUCTED EXTENSIVE RESEARCH AND WE ARE READY TO BEGIN. WE WILL GATHER PUBLIC COMMENTS SINCE WE UNDERSTAND THAT EACH OF THESE PROPOSED [02:50:01] POLICIES AFFECTS DIFFERENT REGULATED ENTITIES AND HAS NUANCES THAT WILL IMPACT THE IMPLEMENTATION PROCESS IN ORDER TO HELP BUSINESSES, RESIDENTS, AND CITY DEPARTMENTS WITH SUCCESSFUL IMPLEMENTATION. STAFF IS PROPOSING A PHASED IMPLEMENTATION APPROACH. THEN WE WILL BRING THE ORDINANCE FOR ADOPTION. THE OUTREACH AND IMPLEMENTATION. I WOULD LIKE TO EMPHASIZE THAT THROUGHOUT THE PROCESS, THE STAFF WILL COORDINATE WITH OTHER CITY DEPARTMENTS TO SUCCESSFULLY IMPLEMENT THESE POLICIES. FOR EXAMPLE, BECAUSE SOME STAFF WILL ENGAGE WITH THE COMMUNICATIONS DEPARTMENT FOR DEVELOPING THE OUTREACH AND EDUCATION PLAN, THE STAFF WILL ALSO COORDINATE WITH THE DEPARTMENT OF INNOVATION AND ECONOMIC DEVELOPMENT FOR CONDUCTING A STAKEHOLDER FEEDBACK AND TECHNICAL ASSISTANCE FOR BUSINESSES. AND THEN WE WILL BE PROVIDING ONGOING ACTIVITIES AS WE'RE DEVELOPING AND IMPLEMENTING THESE POLICIES. IN JULY, TWENTY TWENTY THREE. THE PHASE-IN BAN OF SINGLE USE PLASTIC AND EXPANDED POLYSTYRENE FOOD SERVICE, WHERE WILL BE IN EFFECT. WHERE WE WILL ENCOURAGE THE USE OF REUSABLE OR CERTIFIED COMPOSTABLE AND OR MARINE DEGRADABLE MATERIALS. THE PLASTIC BAG BAN ENFORCEMENT IN STAGE ONE RETAIL ONLY WILL BECOME ENFORCEABLE, BALLOON RELEASE BAN WILL BECOME ENFORCEABLE AS WELL, AND THE PLASTIC BEVERAGE BOTTLE BAN AT CITY FACILITIES AND CITY AFFILIATED EVENTS WILL BECOME ENFORCEABLE. THEN, IN JULY ONE, 2024 THE PLASTIC BAG BAN, WILL IT BE EXPANDED TO RESTAURANTS TO COINCIDE WITH THE SB THIRTEEN EIGHTY THREE REQUIREMENTS? HOW WILL BECOME ENFORCEABLE? AS ONGOING ACTIVITIES. AFTER THE PHASE-IN EDUCATION STAGE ENDS, THE CITY MAY ENFORCE THE ORDINANCE AS COMPLIANT MECHANISM IN TANDEM WITH ONGOING TECHNICAL ASSISTANCE, CONTINUOUS OUTREACH AND PUBLIC EDUCATION. THIS IS A TOP PRIORITY. THIS IS A TOP PRIORITY STRATEGY FOR ASSUMING COMPLIANCE. I WOULD LIKE TO PRESENT THIS HIGH LEVEL OVERVIEW SLIDES FOR THE IMPLEMENTATION OF EACH TIMELINE. THESE FIGURES, YOU COULD FIND THEM IN APPENDIX G IN THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN. AGAIN, THIS IS ANOTHER HIGH LEVEL TIMELINE FOR THE BALLOON USE RESTRICTION AND THE PLASTIC BEVERAGE BOTTLE BAN, THIS [INAUDIBLE] IS THE SAME FOR THESE TWO POLICIES. SO WE COMBINE THEM. FINALLY, THIS IS A TIMELINE FOR THE PLASTIC BAG BAN, AND AGAIN, THIS IS A VERY HIGH LEVEL OVERVIEW, BUT I'LL BE HAPPY TO GO OVER ANY DETAILS LATER IF YOU HAVE ANY FURTHER QUESTIONS. THERE FOR THE ROADMAP, THERE ARE SO MANY ESTIMATED BENEFITS, AND BUT THERE ARE ALSO SOME COST ASSOCIATED. THE BENEFITS, OF COURSE, WILL BE THE FUNDS THAT WILL BE DIVERTED FROM THE LANDFILL. BUT I WOULD LIKE TO POINT OUT THAT THESE ARE HARD TO RECYCLE ITEMS, SINGLE USE PLASTICS, POLLUTE OUR ENVIRONMENT, OUR OCEANS, AND BY ADOPTING THIS BAN, IT ELIMINATES THE WASTE BEFORE IT GETS CREATED. THERE WILL BE A BENEFIT BY THE GREENHOUSE REDUCTION, AS NOTED IN THIS CHART. AND I WOULD LIKE TO POINT OUT THAT THERE WILL BE COSTS AS WELL. THE CITY WILL NEED A STAFFING RESOURCES FOR PROVIDING TECHNICAL ASSISTANCE, DEVELOPING COMPLIANCE PROTOCOLS, CONDUCTING INSPECTIONS AND ENFORCING THE ORDINANCE. OUR CONSULTANT ESTIMATED THE ROADMAP TO NEED TWO POINT FIVE FULL TIME EQUIVALENT POSITIONS. AND WE ARE CONSERVATIVELY ASKING FOR ONLY TWO FULL TIME POSITIONS. SO OUR RECOMMENDATIONS IS THAT COUNCIL ACCEPTS THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN, INCLUDING ITS ROADMAP TO EXECUTE THIS NEW ENVIRONMENTAL POLICIES, THAT COUNCIL APPROVES THE TWO NEW FULL TIME EQUIVALENT STAFF POSITIONS TO PROVIDE ONGOING OUTREACH, INSPECTIONS AND ENFORCEMENT OF THE NEW ENVIRONMENTAL POLICIES, AND THAT YOU ARE AUTHORIZED RELATED FUNDING FROM THE GENERAL FUND FOR THE NEW POSITIONS IN FISCAL YEAR TWENTY TWENTY ONE, TWENTY TWO. THANK YOU FOR LETTING ME PRESENT THIS ITEM. [02:55:04] ARE THERE ANY QUESTIONS? OK. DO WE HAVE SPEAKERS ON THAT ITEM? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM 18, 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. 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. THE FIRST SPEAKER IS JANICE JONES. PLEASE UNMUTE. HI, GOOD EVENING. HONORABLE MAYOR, COUNCIL MEMBERS AND STAFF, THIS IS THE THIRD TIME THAT I'VE SPOKEN DURING A CARLSBAD CITY COUNCIL MEETING REGARDING THE NEED TO MITIGATE SINGLE USE PLASTIC POLLUTION. I WON'T REVIEW THE ENVIRONMENTAL AND HEALTH IMPACTS CAUSED BY DISPOSABLE PLASTICS BECAUSE I AND OTHERS HAVE SHARED THAT INFORMATION WITH YOU PREVIOUSLY, AND I'M ASSUMING UPCOMING SPEAKERS WILL ALSO ADDRESS THAT. IN FEBRUARY OF 2019, WHEN WE FIRST-- WAS WHEN WE FIRST ASKED COUNCIL MEMBERS TO ENACT A SINGLE USE PLASTIC ORDINANCE. SINCE THEN, THE PROBLEM HAS ESCALATED. AND GROUPS LIKE THE CARLSBAD CLEANUP CREW AND HOPEFULLY SOMEONE FROM THE CLEANUP CREW WILL BE ABLE TO SPEAK ON BEHALF OF THEIR CLUB. BUT THAT GROUP OUT OF CARLSBAD HIGH SCHOOL HAS TAKEN ON THE TASK OF CONDUCTING CLEANUPS AROUND TOWN, AND THEIR WORK IS COMMENDABLE. I THINK THEY'VE JUST RECENTLY BEEN RECOGNIZED FOR THEIR WORK, IN FACT. I'M IN AWE OF THEIR LEADERSHIP ON THIS ISSUE, BUT I ALSO FEEL IT'S SHAMEFUL THAT OUR YOUTH HAVE TO TACKLE THE PROBLEM WITHOUT CITY LED MITIGATION EFFORTS IN PLACE TO LESSEN THEIR BURDEN. TODAY, I'M ASKING YOU ON BEHALF OF THE YOUNG PEOPLE OF CARLSBAD AND OTHERS WHO COULD NOT BE HERE TONIGHT TO MOVE FORWARD WITH THE SUSTAINABLE MATERIALS PLAN, INCLUDING THE SINGLE USE PLASTIC POLICY ROADMAP AND ALL THE RELATED ORDINANCES. I BELIEVE THE ROADMAP, WHICH INCLUDES A WELL-THOUGHT-OUT TIMELINE OF ACTIVITIES INCLUDING OUTREACH, EDUCATION, IMPLEMENTATION, SUPPORT AND LONG TERM MONITORING, WILL BE EFFECTIVE IN REDUCING THE SINGLE USE PLASTIC DEBRIS THAT'S BEEN ACCUMULATING SORRY IN OUR NEIGHBORHOODS AND ON OUR BEACHES. AND I DO WANT TO THANK THE CITY STAFF FOR THE THOUGHTFUL WORK THAT THEY'VE PUT INTO THIS. IT REALLY IS AN OUTSTANDING PLAN. AS SOMEONE WHO PERSONALLY CLEANS CARLSBAD BEACHES, I'LL CONCLUDE BY THANKING YOU IN ADVANCE FOR TAKING THIS IMPORTANT STEP TOWARD A CLEANER CITY FOR OUR RESIDENTS AND OUR VISITORS. AND I ALSO WANT TO THANK YOU, ESPECIALLY ON BEHALF OF OUR YOUTH. WE MUST THINK BEYOND OUR OWN SELFISH DEPENDENCE ON CONVENIENCE AS WE WORK TOGETHER TO ENSURE THAT FUTURE GENERATIONS WILL BE ABLE TO ENJOY A HEALTHY COMMUNITY AND COASTLINE. THANK YOU FOR YOUR TIME. I APPRECIATE ALL THE WORK THAT'S GONE INTO THIS, AND I APPRECIATE THE SUPPORT OF THE CITY DOING ALL THE OUTREACH AND GATHERING COMMUNITY INPUT. THANK YOU. THE NEXT SPEAKER IS KEVIN LEE. CAN YOU PLEASE UNMUTE? HI THERE. GOOD EVENING, MAYOR HALL, MAYOR PRO TEM, CARLSBAD CITY COUNCIL MEMBERS, MY NAME IS KEVIN LEE. I'VE SPOKEN BEFORE. I'M HERE TONIGHT ON BEHALF OF DR. BRONNER'S, A FIFTH GENERATION FAMILY RUN BUSINESS BASED HERE IN NORTH COUNTY SAN DIEGO, ALSO CALIFORNIA BENEFIT CORPORATION WITH A GLOBALLY RECOGNIZED BRAND. MANY OF OUR DR. BRONNER'S THREE HUNDRED AND FIFTY PLUS EMPLOYEES RESIDE HERE IN CARLSBAD AND THROUGHOUT THE REST OF NORTH COUNTY, INCLUDING MYSELF. I'M PROUD TO CALL MYSELF A CARLSBAD RESIDENT, AND I LIVE RIGHT NEXT TO TAMARACK BEACH. I WANT TO THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT AND TO VOICE OUR SUPPORT OF CITY COUNCIL APPROVING THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN WITH THE ROADMAP PRESENTED THAT WILL LIMIT SINGLE USE PLASTICS AND REDUCE PLASTIC WASTE AND POLLUTION IN OUR BEAUTIFUL COASTAL COMMUNITY. IT IS CRUCIAL THAT THE CITY OF CARLSBAD TAKES BOLD ACTION ON SINGLE USE PLASTICS, STARTING IN THE WAYS OUTLINED BY THE ROADMAP. AS I MENTIONED, I LIVE BY THE BEACH AND I OFTEN SEE LITTER NEAR OR ON OUR BEACHES. MOST OF IT'S SINGLE USE PLASTICS FROM NEARBY BUSINESSES. THESE STREAMS OF SINGLE USE PLASTICS DEGRADE OUR CULTURAL ECOSYSTEMS AND OUR BEAUTIFUL CITY. OVER THE YEARS, DR. BRONNER'S HAS TAKEN STEPS TO ADDRESS OUR PLASTIC USE, INCLUDING SOURCING 100 PERCENT POST-CONSUMER RECYCLED [INAUDIBLE] PLASTIC FOR MOST OF OUR BOTTLES. AND WE SET BUSINESS GOALS LIKE SENDING ZERO WASTE TO LANDFILL AND EXPANDING [03:00:01] REFILL OPTIONS FOR OUR PRODUCTS. OUR CUSTOMERS AND EMPLOYEES, HOWEVER, CONSTANTLY REQUEST THAT WE DO MORE, AND UNFORTUNATELY, SOLVING THE MANY PROBLEMS RELATED TO SINGLE USE PLASTICS IS TOO COMPLEX FOR US TO TACKLE ALONE, AND SO WE NEED TO WORK TOGETHER. WE WANT TO ENCOURAGE CITY COUNCIL TO APPROVE THE PLAN AND ROADMAP PRESENTED TONIGHT AS A STARTING POINT. WE CAN TELL THAT THE ROADMAP WAS WELL THOUGHT OUT, AND WE APPRECIATE THAT THERE ARE OPPORTUNITIES FOR RESIDENTS, LOCAL BUSINESSES AND OTHER STAKEHOLDERS TO PROVIDE INPUT ALONG THE WAY. I WANT TO COMMEND THE STAFF FOR PUTTING TOGETHER SUCH A COMPREHENSIVE AND INCLUSIVE PLAN. WE COMMIT TO WORKING WITH CITY COUNCIL, THE MAYOR AND THE BUSINESS COMMUNITY TO SUPPORT ACTION ON SINGLE USE PLASTICS HOWEVER WE CAN. THANK YOU FOR YOUR TIME TONIGHT AND EFFORT ON THIS IMPORTANT ISSUE. OUR NEXT SPEAKER IS D. [INAUDIBLE]. CAN YOU PLEASE UNMUTE? GOOD EVENING, YET AGAIN, MAYOR AND COUNCIL MEMBERS. DIANE [INAUDIBLE], RETIRED ADVANCED PRACTICE NURSE AND PUBLIC HEALTH NURSE LIVING NEXT DOOR TO YOU IN OCEANSIDE. I SENT YOU AN EXTENSIVE LETTER EARLIER TODAY WITH MULTIPLE SOURCE CITATIONS TO SPEAK TO THE VARIOUS ISSUES. I DO APPRECIATE THE TIME AND ENERGY AND EFFORT THAT STAFF HAS PUT INTO THIS VERY LENGTHY REPORT. I'M HOPING THAT THEY CAN FIND THE ENERGY TO ACCELERATE THE PROCESS AND GET US ACROSS THE FINISH LINE IN A MUCH MORE TIMELY MANNER. DESPITE COVID, MULTIPLE OTHER CITIES HAVE MANAGED TO ENACT ORDINANCES REGARDING THE SKIP THE STUFF AND OTHER SINGLE USE PLASTICS. IT IS A MAJOR HEALTH CONCERN. THE MICROPLASTICS GOING INTO OUR ENVIRONMENT ARE GOING TO BE SERVED UP IN THE FISH DINNER YOU EAT TONIGHT. THEY'RE GOING TO BE SERVED UP IN THE VEGETABLES AND PRODUCE YOU EAT TOMORROW FOR LUNCH. THIS IS NOT A SMALL ISSUE. THIS IS A GLOBAL ISSUE AND IT'S SOMETHING THAT ALL OF US NEED TO BE ON BOARD FOR TO ADDRESS. I WAS SURPRISED TO SEE, BUT THANKFUL TO SEE ARTIFICIAL TURF OR SYNTHETIC TURF IN YOUR SUSTAINABILITY PLAN. WHAT I WAS VERY SHOCKED TO SEE, HOWEVER, WAS THAT IT APPEARED THAT THE INFORMATION WAS LIFTED FROM THE GLOSSY BROCHURES OF THE SYNTHETIC TURF INDUSTRY. I WOULD LIKE TO SEE THAT ASPECT CLEANED UP TREMENDOUSLY. THERE ARE MULTIPLE FALSEHOODS THAT ARE REPEATED THERE THAT ARE SIMPLY NOT TRUE. IT'S A MASSIVE, MASSIVE PETROCHEMICAL PRODUCT. I CANNOT THINK OF ANY OTHER CONSUMER PRODUCT THAT HAS THE FOOTPRINT OF THE OVER MILLION SQUARE FEET OF PLASTIC GRASS YOU HAVE INSTALLED IN YOUR PARKS AND CITIES. SAN DIEGO COUNTY OVERALL HAS OVER THIRTEEN POINT EIGHTY FIVE MILLION SQUARE FEET AGAIN IN PARKS AND IN SCHOOLS. THIS DOES NOT INCLUDE RESIDENTIAL AND COMMERCIAL APPLICATIONS. THE AMOUNT OF CARBON THAT CAN BE SEQUESTERED BY UTILIZING NATURAL GRASS FAR EXCEEDS WHAT CAN BE DONE. ACTUALLY, THERE'S NO SEQUESTRATION WITH PLASTICS, PERIOD. WHAT IT DOES DO, HOWEVER, AND WAS DISCOVERED BY DR. SARAH-JEANNE ROYER WHO WAS WITH THE SCRIPPS INSTITUTION OF OCEANOGRAPHY, WHO SPECIALIZES IN MICROPLASTICS. WHAT IT DOES DO IS IT OFF GASES IN EVER INCREASING AMOUNTS, HUGE AMOUNTS OF ETHYLENE AND METHANE. THIS IS OVER THE 400 PLUS YEARS THAT IT WILL TAKE THESE FIELDS TO DEGRADE. MAKE IT CLEAR THAT YOU UNDERSTAND WHAT I'M SAYING NEXT. THIS IS NOT A PRODUCT THAT IS RECYCLABLE. IT IS ABSOLUTELY NOT. WE HAVE BEEN LIED TO. YOU HAVE PROBABLY BEEN LIED TO FOR DECADES NOW REGARDING THIS ISSUE. IT IS NOT GOING AWAY AND THE INDUSTRY HAS NOW. OUR NEXT SPEAKER IS KENNETH [INAUDIBLE]. CAN YOU PLEASE UNMUTE? HI, GOOD EVENING. HONORABLE COUNCIL MEMBERS AND MAYOR HALL. MY NAME IS KENNETH [INAUDIBLE], AND I AM SPEAKING ON BEHALF OF CARLSBAD HIGH SCHOOL'S CARLSBAD CLEANUP CREW, BETTER KNOWN AS C3. IN SUPPORT OF MOVING FORWARD WITH THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN SINCE 2019, C3 HAS BEEN DEDICATED TO MAKING CARLSBAD A CHAMPION OF SUSTAINABILITY. THROUGH WEEKLY CLEANUPS AND INVOLVEMENT OF MORE THAN 200 MEMBERS, WE HAVE BEEN ABLE TO MAKE HUGE STRIDES WITHIN THE COMMUNITY. JUST ONE EXAMPLE OF OUR MANY PROJECTS IS OUR HANDS TO HAND ENDORSEMENT PROGRAM, IN WHICH WE COLLABORATED WITH PARTICIPATING LOCAL RESTAURANTS TO ACHIEVE CONSISTENT AND HEALTHY ECO PRACTICES. OUR LOCAL BUSINESSES ARE NOT JUST THE ONLY ONES PURSUING A GREENER LIFESTYLE, BUT SO ARE OUR NEIGHBORING CITIES. EARLIER THIS YEAR, I SPOKE AT AN OCEANSIDE CITY COUNCIL MEETING TO PASS THE SKIP THE STUFF ORDINANCE AIMED TO PROVIDE UTENSILS AND STRAWS ONLY UPON REQUEST. ADDITIONALLY, ENCINITAS HAS PASSED A BAN ON SINGLE USE PLASTICS TWO YEARS AGO. [03:05:04] BASED OFF OF OUR DATA, CLEANUPS IN CARLSBAD ROUGHLY COLLECT 80 PERCENT MORE SINGLE PLASTICS THEN ENCINITAS. PERSONALLY, I CANNOT SPEND A SINGLE WALK IN THE VILLAGE WITHOUT FINDING AT LEAST DOZENS OF SINGLE PLASTICS LITTERING THE STREETS. IT'S TIME THE CITY OF CARLSBAD SPEARHEADED THIS PROGRESSIVE MOVEMENT ALONGSIDE THE REST OF ITS NEIGHBORING CITIES. COUNCIL MEMBERS AND MAYOR HALL, I URGE YOU TO IMPLEMENT THE PROPOSED POLICIES WITHIN THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PROGRAM FOR CARLSBAD ECOLOGICAL HEALTH. THANK YOU FOR YOUR TIME. I APPRECIATE THE INTENSIVE WORK THAT YOU PUT INTO THE PLAN BY THE STAFF. OUR NEXT SPEAKER IS SUZANNE HUME. CAN YOU PLEASE UNMUTE? YES, THANK YOU. GOOD EVENING, MAYOR HALL AND CITY COUNCIL. CLEANEARTH4KIDS, SUPPORTS THE SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN. WE SUPPORT THE PROPOSED ROADMAP TO REDUCE SINGLE USE ACCESSORIES AND FOOD SERVICE WARE, PHASING OUT PLASTIC BAGS AND POLYSTYRENE AND STOPPING THE RELEASE OF BALLOONS. WHEN COMPLETED, THESE ORDINANCES WILL REDUCE HARMFUL PLASTICS AND SAFEGUARD OUR HEALTH AND OUR ENVIRONMENT. AS YOU WORK TO PROTECT OUR HEALTH, OUR WATER, OUR OCEAN AND WILDLIFE, WE HAVE TWO ADDITIONS FOR YOU TO CONSIDER. SO FIRST, AS STATED BY MS. [INAUDIBLE], PLEASE INCLUDE OR PLEASE ADD ADDITIONAL INFORMATION ABOUT THE HARMS OF SYNTHETIC TURF TO YOUR POLICY. STOPPING THE INSTALLATION OF NEW SYNTHETIC TURF ON CITY PROPERTY IS SO IMPORTANT. SYNTHETIC TURF GETS WASHED INTO OUR WATER AND BREAKS DOWN INTO MICROPLASTICS. SYNTHETIC TURF IS ALSO CALLED ARTIFICIAL TURF. IT'S JUST, YOU KNOW, JUST BIG CARPETS OF PLASTIC, GRASS AND TOXIC CHEMICALS. AND SYNTHETIC TURF IS ONLY RECYCLABLE AT ONE PLACE IN THE NETHERLANDS. SO THIS IS A CHAIN OF CUSTODY ISSUE, AS YOU KNOW. SO EXCITED FOR YOU TO HAVE THIS, AND WE HAVE INFORMATION AND VIDEOS AVAILABLE ON OUR CLEANEARTH4KIDS WEBSITE. AND SECONDLY, SINCE MOST PLASTICS ARE DERIVED FROM FOSSIL FUELS THAT DIRECTLY HARM OUR OCEANS, WILDLIFE, HEALTH AND AIR QUALITY AND OUR COAST, AS DEMONSTRATED BY THE TAR BALLS FROM RECENT OIL SPILLS, WE ASK THAT THE CITY OF CARLSBAD, WHOSE RETIREMENT SYSTEM IS CALPERS, TO ADD A STATEMENT TO THIS PLAN AND TO THE CARLSBAD INVESTMENT POLICY TO COMMIT TO WRITE A LETTER TO CALPERS, ASKING CALPERS TO DIVEST ITS $30 BILLION FROM FOSSIL FUELS AND TO LET THE EMPLOYEES OF CARLSBAD KNOW THE CARLSBAD-- I MEAN THAT CALPERS, SORRY, HAS THE 30 BILLION DOLLARS INVESTED IN FOSSIL FUELS, INCLUDING COAL. IT'S REALLY IMPORTANT THAT THE CITY EMPLOYEES OF CARLSBAD ARE AWARE OF THIS AND THAT THE CITY OF CARLSBAD COMMUNICATE DIRECTLY WITH CALPERS. AS I SAID BEFORE, THE CITY OF ENCINITAS AND OTHERS HAVE COMMITTED TO CONTACTING CALPERS. MORE INFORMATION IS ON OUR TEAM ONE DIVESTMENT PAGE ON CLEANEARTH4KIDS, AND WE CAN FOLLOW UP WITH YOU ABOUT THIS AS WELL. THANK YOU SO MUCH FOR WORKING TO PROTECT OUR HEALTH AND OUR WATER, OUR OCEANS AND WILDLIFE. HAVE A WONDERFUL DAY AND THANK YOU FROM CLEANEARTH4KIDS.ORG. OUR NEXT SPEAKER IS RON ASKELAND, CAN YOU PLEASE UNMUTE? GOOD EVENING, HONORABLE COUNCIL MEMBERS, MAYOR AND STAFF, I'M DR. RONALD ASKELAND, CHAIR OF THE SAN DIEGO SIERRA CLUB ZERO WASTE SUBCOMMITTEE. WE STRONGLY SUPPORT MOVING FORWARD WITH THE PROPOSED SUSTAINABILITY ROADMAP. THE PROPOSAL ADDRESSES KEY ZERO WASTE ISSUES TO INCREASE RECYCLING, REDUCE FOOD WASTE, LIMIT PLASTIC WASTE, DIVERT MATERIALS FROM LANDFILLS AND REDUCE METHANE PRODUCTION. BANNING SINGLE USE PLASTICS IS ESPECIALLY IMPORTANT TO REDUCE MARINE POLLUTION AND PROTECT WILDLIFE. AS OTHER SPEAKERS MENTIONED REGARDING SYNTHETIC TURF ON PAGES 44 AND 45 OF YOUR PLAN, THE SIERRA CLUB IS OPPOSED TO THE USE OF ARTIFICIAL TURF DUE TO THE HUMAN HEALTH DANGERS AND THE ENVIRONMENTAL DAMAGE. THIS PORTION OF THE PLAN SHOULD BE MODIFIED TO REDUCE THE USE OF SYNTHETIC TURF AS MUCH AS POSSIBLE. PLEASE MOVE FORWARD WITH THE POLICY IMPLEMENTATION ROADMAP WITHOUT FURTHER DELAY. THE TIME TO ACT IS NOW. THANK YOU FOR YOUR TIME AND CONSIDERATION. THE NEXT SPEAKER IS MELISSA MORRIS, CAN YOU PLEASE UNMUTE? YES, HI, GOOD EVENING. THANK YOU, MAYOR HALL AND COUNCIL FOR TAKING THE INITIATIVE TO CONTINUE THIS FIGHT AGAINST PLASTIC POLLUTION AND CONSIDERING THIS ROADMAP LEADING TO AN ORDINANCE. MY NAME IS MELISSA MORRIS AND I AM NEW SOUTHERN CALIFORNIA FIELD REPRESENTATIVE BASED IN SAN DIEGO COUNTY FOR OCEANA. OCEANA SUPPORTS POLICIES TO REDUCE SINGLE USE PLASTIC, PARTICULARLY YOUR EFFORTS TO PHASE OUT [INAUDIBLE] OR EXPANDED POLYSTYRENE FOOD WARE. EXPANDED POLYSTYRENE OR PLASTIC FOAM IS A FORM OF DISPOSABLE PLASTIC THAT IS RARELY [03:10:01] RECYCLABLE AND BREAKS UP INTO SMALLER AND SMALLER PIECES INTO OUR ENVIRONMENT. MAKING IT EXTREMELY HARD TO REMOVE. PLASTIC POLLUTION IS A GROWING THREAT TO THE WORLD'S OCEANS, AS WELL AS TO OUR HEALTH AND CLIMATE. EACH YEAR, AN ESTIMATED THIRTY THREE BILLION POUNDS OF PLASTIC ENTERS THE MARINE ENVIRONMENT. MOST MARINE PLASTICS COME FROM LAND BASED SOURCES, AND IT'S NO SURPRISE THAT MUCH OF IT IS SINGLE USE. NEARLY 40 PERCENT OF ALL PLASTIC PRODUCED IS FOR PACKAGING, MOST OF WHICH IS USED ONLY ONCE AND THEN THROWN AWAY. COMPANIES HAVE BEEN INCREASINGLY PUMPING THE MARKET FULL OF NEW DISPOSABLE PLASTIC PRODUCTS FOR DECADES. WE'RE SEEING THE CONSEQUENCES OF THAT ON COASTLINES WORLDWIDE, WHERE THE TOP 10 MOST COMMON WASTE ITEMS FOUND AT BEACH CLEANUPS ARE SINGLE USE PLASTIC ITEMS, INCLUDING PLASTIC CUPS, CONTAINERS, STRAWS, UTENSILS AND BAGS. THE LIST OF MARINE ANIMALS AFFECTED BY PLASTIC POLLUTION IS ALSO GROWING. IN A REPORT RELEASED IN 2020, OCEANA SURVEYED DOZENS OF GOVERNMENT AGENCIES, ORGANIZATIONS AND INSTITUTIONS THAT COLLECT DATA ON THE IMPACT OF PLASTIC ON MARINE MAMMALS AND SEA TURTLES HERE IN THE UNITED STATES. WE FOUND EVIDENCE OF ALMOST 18 HUNDRED ANIMALS FROM 40 DIFFERENT SPECIES SWALLOWING PLASTIC OR BECOMING ENTANGLED IN IT, AND OCEAN ANIMALS AREN'T THE ONLY ONES WITH A DIET CONTAMINATED BY PLASTIC. A 2019 STUDY FOUND THAT WE'RE CONSUMING AT LEAST EIGHT CREDIT CARDS WORTH OF PLASTIC EVERY SINGLE WEEK. AS WITH MANY PLASTICS, PLASTIC FOAM CONTAINERS CONTAINS CHEMICALS THAT ARE POTENTIALLY HAZARDOUS TO HUMAN HEALTH. WITHOUT POLICY CHANGE, ALL OF THIS WILL ONLY GET WORSE. THE PLASTICS INDUSTRY EXPECTS ANNUAL PRODUCTION WITH MORE THAN TRIPLED BY 2050, WHICH MEANS PLASTIC CAN BE EXPECTED TO ENTER OUR OCEANS AT A GROWING RATE IF WE DO NOT CHANGE OUR COURSE. I ASK THAT YOU VOTE YES AND PASS THIS ROADMAP IN SUPPORT TO EVENTUALLY LEAD TO AN ORDINANCE, AND I THANK ALL OF YOU FOR YOUR TIME AND HARD WORK. OUR NEXT SPEAKER ENDS WITH NINE, NINE, NINE TWO. CAN YOU PLEASE PRESS STAR SIX TO UNMUTE? GOOD EVENING AGAIN, THIS IS VANESSA FORSYTH. THANK YOU, HONORABLE COUNCIL MEMBERS AND MAYOR HALL. I HAVE RESIDED IN CARLSBAD DISTRICT FOUR FOR ABOUT TWENTY TWO YEARS WITH MY FAMILY. I'M SPEAKING IN SUPPORT OF AGENDA ITEM 18. I HAVE SPOKEN BEFORE AND SUBMITTED A STATEMENT WHEN IT CAME UP IN SEPTEMBER, AND MY RECOLLECTION WAS THAT MOST OF THE CITY COUNCIL MEMBERS SUPPORTED ORDINANCES THAT WOULD ADDRESS, YOU KNOW, WHAT THIS SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN ROADMAP OUTLINES. AND I BELIEVE IT'S EVEN BROADER IN ITS SCOPE, WHICH IS GREAT. I THINK OTHER PEOPLE HAVE SPOKEN TO WHAT THE ENVIRONMENTAL CONCERNS ARE, AND I WOULD LIKE TO SPECIFICALLY ADDRESS THAT, I BELIEVE IN TERMS OF ENVIRONMENTAL MANAGEMENT, THERE ARE ONLY NOW TWO STAFF MEMBERS. AND SO I AM SAYING THAT, YES, IN TERMS OF ACTUALLY IMPLEMENTING THIS ROAD MAP AND MOST IMPORTANTLY, EDUCATING THE PUBLIC AND THE CONSUMERS, THE COMMERCE, I MEAN, THE COMMERCIAL BUSINESSES THAT WE REALLY NEED TO HAVE THE ADDITIONAL FOUR STAFF MEMBERS. AND I THINK THAT IT'S IMPORTANT IN TERMS OF HAVING A SUSTAINABLE AND WONDERFUL, BEAUTIFUL COMMUNITY HERE IN CARLSBAD. SO AGAIN, ASKING FOR SUPPORT OF THAT, AND I WOULD LIKE TO EMPHASIZE THAT AS THE GOALS COME FORWARD WITH SPECIFIC ORDINANCES, I ASKED THE CITY COUNCIL AT THAT-- WITHIN THE TIMELINE TO PASS THOSE ORDINANCES AND ALSO TO MAKE SURE THAT WE CAN ALSO MONITOR AND, YOU KNOW, ADDRESS THESE ISSUES. THANK YOU. THAT CONCLUDES THE SPEAKERS, MAYOR. OK. QUESTIONS OF STAFF? MR. BLACKBURN QUESTIONS? YEAH, I'M SORRY, I MISSED IT IF YOU ADDRESS THIS, BUT IS THIS YET ANOTHER FOR THE TWO OF THE FOUR EMPLOYEES? IS THIS YET ANOTHER UNFUNDED STATE MANDATE THAT THE CITIES HAVE TO PICK UP THE TAB FOR? SO, NO, THESE POLICIES THAT WE'RE PROVIDING-- WE'RE PRESENTING WITH THE ADDITIONAL TWO PEOPLE FOR THE SINGLE USE PLASTICS, BALLOONS, RESTRICTED USE ARE NOT THOSE ARE ABOVE AND BEYOND STATE LAW. SO THOSE ARE NOT REQUIREMENTS OF THE STATE LAWS CURRENTLY. THE SKIP THE STUFF, THOUGH, THAT IS A NEW STATE LAW THAT GOES INTO EFFECT JUNE THE [03:15:05] 1ST. BUT HOLISTICALLY, THE REST OF THIS IS ABOVE AND BEYOND STABLE. THANK YOU. SO, MR. WOOD, COULD YOU JUST GO OVER AGAIN, IS IT THE TWO, FOUR OR SIX EMPLOYEES WE'RE HIRING? YES. SO THE IN THE LAST ITEM, THERE WERE FOUR POSITIONS THAT WERE APPROVED THROUGH THE SP THIRTEEN EIGHTY THREE FOR ORGANICS. THAT IS, TO COMPLY WITH THE NEW STATE REQUIREMENTS. THE TWO THAT ARE IN THIS THIS PROPOSAL ARE FROM GENERAL FUND BECAUSE THEY WOULD NOT BE COMING FROM THE RATES PAID BY THE RESIDENTS AND BUSINESSES ASSOCIATED WITH SOLID WASTE. IT WOULD BE COMING FROM THE GENERAL FUND TO SUPPORT THESE NEW ABOVE AND BEYOND STATE LAW REQUIREMENTS THAT WE WOULD BE IMPLEMENTING. SO A TOTAL OF SIX IF THESE WERE ALL APPROVED TONIGHT FOR SB, THIRTEEN EIGHTY THREE ORGANICS AND TWO FOR SINGLE USE PLASTICS AND RESTRICTED USE [INAUDIBLE]. SO HAVE OTHER CITIES GONE THAT FAR TO ADD ADDITIONAL [INAUDIBLE] TO DO THIS? THEY HAVE. MANY OF THE CITIES ARE EITHER IN PROCESS OF DOING IT OR HAVE I BELIEVE THE COUNTY ADDED 11 POSITIONS IF-- THERE WERE QUITE A FEW. SO MOST ALL OF THE OTHER CITIES AND THE NUMBERS THAT WE ARE PROVIDING, THEY WERE ESTIMATES THAT CAME FROM OUR CONSULTANT IN LOOKING AT CITIES THAT ARE IMPLEMENTING PROGRAMS LIKE THIS OF SIMILAR SIZE OR THAT ARE CURRENTLY IMPLEMENTING THESE PROGRAMS. HOW, YOU KNOW, THE NUMBER OF PEOPLE OR STAFF THAT WE WOULD BE USING TO IMPLEMENT AND ALSO ULTIMATELY ENFORCE USE, PROVIDING TECHNICAL ASSISTANCE AND ENFORCEMENT LATER ON ONCE THEY'RE FULLY ENGAGED. THAT WAS THE ANALYSIS THAT WAS DONE, AND THAT WAS THE RECOMMENDATION WE'RE BRINGING FORWARD. SO WHEN WE TALK ABOUT WORKING WITH INDUSTRY, ARE THEY GOING TO BE PART OF THE TEAM THAT YOU WORK WITH OR GO IN A LITTLE BIT MORE DETAIL HOW WE BRING THE FOOD INDUSTRY, THE LEISURE INDUSTRY INTO THIS? ARE THEY GOING TO BE PARTNERS WITH US OR ARE WE JUST GOING TO GO OUT AND START EDUCATING? SO WE WOULD-- WE DO HAVE A PLAN TO AND AVECITA MAY CAN SPEAK TO THIS A LITTLE FURTHER. WE ARE WORKING WITH COMMUNICATIONS TO DO SOME OUTREACH INITIALLY TO FIND OUT WHERE PEOPLE ARE IN THE PROCESS, WHAT THEY NEED IN ORDER FOR US TO DO THE RIGHT THING, TO GET THEM THE RIGHT INFORMATION THAT THEY NEED. ONE OF THE BIGGEST THINGS WITH THIS IS FINDING THE MARINE DEGRADABLE OR COMPOSTABLE MATERIALS TO REPLACE THE PLASTICS AND THE STYROFOAM. IT'S OUT THERE, BUT IT'S NOT ALWAYS AS-- IT'S NOT AS EASILY AVAILABLE AS PEOPLE MIGHT ASSUME IT IS WITH SOME OF THE OTHERS. SO IT'S GETTING THEM THE RIGHT INFORMATION TO FIND THAT. AND THAT'S WHAT-- WE DID A PILOT STARTED IN TWENTY NINETEEN AND THEN WITH COVID, WE WERE DELAYED FOR A BIT. WE FINISHED IT UP EARLIER THIS YEAR, BUT WE FOUND IN WORKING WITH SOME OF THE RESTAURANTS AND BUSINESSES IN CARLSBAD THEY'RE, MOST OF THEM ARE WILLING TO DO IT. THEY JUST NEED THE HELP TO GET THERE AND TO FIND THE RIGHT EQUIPMENT, THE NEW THINGS TO REPLACE THE PLASTICS AND STYROFOAM. SO THAT'S A LOT OF WHAT THEY WILL BE DOING INITIALLY AND THEN LATER DOWN THE ROAD. IT WOULD BE THE ENFORCEMENT FOR THOSE THAT ARE JUST NOT WILLING TO TRY. BUT OUR GOAL WOULD NEVER BE ENFORCEMENT, FIRST. IT WOULD BE OUTREACH ASSISTANCE AND THEN ULTIMATELY ENFORCEMENT FOR THOSE THAT AREN'T COMPLYING. SO WHEN YOU SAY TRY, IT SOUNDS LIKE YOU JUST DON'T CALL A DISTRIBUTOR IN ORDER THIS, YOU KNOW, YOU'RE MAKING IT SOUND LIKE IT'S A CHALLENGE TO EVEN GET THE REPLACEMENT MATERIALS. WELL, MOST PEOPLE BUY THEM LOCALLY AT LARGE WHOLESALE FACILITIES STORES. THEY JUST GO THERE AND WHATEVER THEY SEE, THERE IS WHAT THEY USUALLY GET. SO THAT'S NOT ALWAYS THE CASE AT SOME OF THE LARGE WHOLESALE AREAS, BUT THERE ARE LOCAL. AND WE'VE DONE SOME EXTENSIVE RESEARCH WITH OUR CONSULTANTS TO HAVE AN ENTIRE LIST OF THESE ITEMS THAT COULD -- RESTAURANTS AND BUSINESSES COULD TRANSITION TO. IT'S JUST THEY WOULD LIKELY HAVE TO ORDER THEM. AND SO BUT TYPICALLY AS THINGS GO, THE MORE THAT PEOPLE NEED THEM, THOSE STORES END UP-- THEY'LL START STOCKING THEM ONCE THEY KNOW PEOPLE WILL BUY THEM. SO THE HOPE IS THAT BY DOING THIS, SOME OF THOSE WILL THEN BECOME AVAILABLE LOCALLY AND AT STORES WHERE PEOPLE COULD GO BUY THEM LIKE THEY NOW DO PLASTIC AND STYROFOAM. WELL, AGAIN, IT WOULD SEEM TO ME LIKE IF YOU'RE WORKING CLOSELY WITH THE LEISURE INDUSTRY OR WITH THE, SHOULD I SAY, THE HOTEL INDUSTRY AND THE RESTAURANT INDUSTRY, THEY PROBABLY KNOW MORE ABOUT THIS THAN PERHAPS YOU DO, YOU KNOW, BECAUSE I MEAN, THEY DO THIS FOR A LIVING ON A DAY BY DAY BASIS. SO IT SEEMED TO ME THAT, YOU KNOW, THERE'LL BE MORE OF A PARTNERSHIP AND HOW YOU GO ABOUT THIS AND SO ON AND SO FORTH. I MEAN, I HEAR QUESTION MARKS AND WHAT YOU'RE SAYING, SO. [03:20:03] AND WE DO. BUT THAT IS PARTLY WE DO WANT TO HAVE THOSE STAFF SO THAT WE CAN BE OUT THERE AND WORKING WITH THOSE BUSINESSES AND LISTENING TO THEM AND PROVIDING THAT HELP TO THEM. BUT YES, SOME OF THE LARGE ONES CAN. IT'S THE SMALLER BUSINESSES THAT REALLY HAVE MORE OF THE PROBLEM BECAUSE THEY DON'T HAVE THE TIME AND ABILITY TO GO OUT AND DO THE RESEARCH AND FIND THAT STUFF. SO WE WOULD BE TRYING TO PROVIDE THAT FOR THEM AND KEEPING THEM UPDATED ON THE MOST RECENT THINGS THAT THEY COULD USE IN PLACE OF PLASTICS AND STYROFOAM. SO I MEAN, I CAN JUST SPEAK FROM SOMEBODY WHO'S BEEN IN THE INDUSTRY. THEY PROBABLY ARE MORE CREATIVE ABOUT HOW GOING ABOUT THIS THAN YOU ARE. AND THAT'S WHY I ASK IF YOU'RE GOING TO USE THEM AS PART OF YOUR TEAM VERSUS JUST GOING OUT THERE AND SAYING ABC AND SO ON AND SO FORTH. SO I WOULD FEEL A MUCH MORE COLLABORATIVE APPROACH AS THE INDUSTRIES THEMSELVES WERE INVOLVED VERSUS JUST GOING OUT, HIRING PEOPLE TO SAY, HEY, WE NEED TO GO OUT AND TELL YOU HOW TO DO THIS, SO. I'M JUST GIVING COMMENT ABOUT JUST HIRING PEOPLE TO GO OUT AND START A CONVERSATION WHERE THE INDUSTRY PROBABLY ALREADY UNDERSTANDS THE CONVERSATION. AND I SAY THAT BECAUSE I KNOW SEVERAL PEOPLE THAT ARE IN THAT INDUSTRY AND THEY'RE PRETTY ASTUTE. SO, JUST SOME OF MY COMMENTS ON HOW TO GO ABOUT THIS. COUNCIL MEMBER ACOSTA? I'M SORRY IF I COULD INTERRUPT FOR A MOMENT. WE DID HAVE A SPEAKER RAISE THEIR HAND AFTER WE TOOK COMMENT ON THIS ITEM. I'M NOT SURE IF YOU'D LIKE FOR US TO TAKE THAT SPEAKER AT THIS TIME. SO, I MEAN, WE'VE HAD SEVERAL SPEAKERS. WOULD THIS HAVE TO BE VOTED ON BY THE COUNCIL AT THIS TIME? MS. BREWER. SO YOUR RULES SAY THAT WHEN SOMEBODY COMES LATE, IT TAKES A UNANIMOUS VOTE OF THE COUNCIL TO ALLOW THAT PERSON TO SPEAK. SO MR. BLACKBURN. NO. OK. SO MS.. COUNCIL MEMBER ACOSTA, I THINK YOU WERE SPEAKING. OH, YES. THANK YOU, AND THANK YOU FOR THE PRESENTATION AND FOR ALL OF THE GREAT ENGAGEMENT. I WAS VERY HAPPY TO LEARN ABOUT THE BILL AB 1276 AND THE FACT THAT THE BILL NOT ONLY MIRRORED A LOT OF WHAT WE HAD VOTED ON, BUT HAD MORE INFORMATION IN IT AND SOME THINGS THAT WE HADN'T YET DISCUSSED LIKE ABOUT ENFORCEMENT. SO, WE DON'T NEED TO COVER SOME OF THOSE EXTRA THINGS BECAUSE THEY'RE ALREADY GOING TO BE IN STATE LAW. I AM CURIOUS. MY QUESTION IS ABOUT THE TIMELINES BECAUSE IT SOUNDS LIKE SOME OF THE PUBLIC COMMENTS WAS CONCERNED THAT IT'S GOING TO TAKE A WHILE. BUT I ALSO UNDERSTAND AND TO THE MAYOR'S POINT, LIKE WE NEED TO DO A LOT OF ENGAGEMENT WITH INDUSTRY AND MAKE SURE PEOPLE ARE ON BOARD. SO I WAS JUST WONDERING IF YOU COULD GO BACK TO OR I KNOW YOU HAD A LOT OF SLIDES, SO MAYBE YOU DON'T HAVE TO SHARE THE SLIDES, BUT MAYBE WHATEVER YOU WANT. BUT IF EITHER MR. WOOD OR MISS JONES COULD SHARE WITH US, YOU KNOW, WHEN WOULD THESE THINGS BE IN EFFECT? IT LOOKED TO ME LIKE EVERYTHING WOULD BE IN EFFECT, LIKE FEBRUARY, TWENTY TWENTY TWO. THINGS WOULD BE VOTED ON PRETTY MUCH BY THEN, BUT IF YOU COULD ANSWER THAT, THAT WOULD BE HELPFUL. THANK YOU. SURE, OUR INTENT WOULD BE THAT YOU WOULD BE RECEIVING THE MUNICIPAL CODE UPDATES, THE CHANGES TO THAT IN THE SPRING TO EARLY SUMMER OF NEXT YEAR. BUT THE ENFORCEABILITY OF IT, SO REQUIRING THAT ENFORCEABILITY, WOULD BE JULY 1ST OF TWENTY TWENTY THREE. AND OTHER THAN TO SKIP THE STUFF, WHICH IS JUNE 1ST TWENTY TWENTY TWO. SO PUTTING THAT ONE ASIDE, ALL OF THE OTHERS WOULD BE THAT. SO REALLY AFTER THE FIRST OF THE YEAR, AS SOON AS WE GET THE OUTREACH MATERIALS DEVELOPED, PROVIDE ALL OF THAT INFORMATION, WE WOULD STAND, HOPEFULLY HAVING STAFF TO BE ABLE TO GO OUT AND DO SOME OF THAT WORK. WE WOULD START THAT OUTREACH EDUCATION COMPONENT, THE TECHNICAL ASSISTANCE COMPONENT THROUGHOUT THAT ENTIRE YEAR, SO THAT HOPEFULLY BY JULY ONE OF TWENTY TWENTY THREE, WE'RE IN FULL-- WE'RE IN COMPLIANCE AND THAT'S WHEN ENFORCEMENT COULD START. SO THE REALITY IS THE MUNICIPAL CODE CHANGES WOULD HAPPEN EARLY NEXT YEAR. BUT THE ENFORCEABILITY OF THAT WOULD NOT START, FROM A MUNICIPAL CODE VIOLATION, UNTIL JULY ONE OF TWENTY TWENTY THREE. SO WE WOULD START PRETTY MUCH IMMEDIATELY WITH THE OUTREACH, THE PUBLIC OUTREACH USING COMMUNICATIONS TO DO THAT, WORKING WITH OUR BUSINESS ASSOCIATIONS, THE CHAMBER, ALL OF THAT WORK WILL START EARLY NEXT YEAR. THE WORK TO TRANSITION, HELPING BUSINESSES TO TRANSITION AWAY FROM [03:25:03] PLASTICS, FINDING THEM THE RIGHT THINGS THAT WORK. ONE OF THE THINGS THAT WITH THE PILOT THAT WE DID WAS, ONE OF THE RESTAURANTS, SALSA WAS A CONCERN BECAUSE OF THE ACIDITY OF THAT. SO WE TOOK THEM SEVERAL OPTIONS, LET THEM TRY IT OUT SO THAT THEY FELT COMFORTABLE, THAT THEY'RE NOT GOING TO PUT SOMETHING IN A BAG IN A TAKEAWAY THAT BREAKS DOWN BEFORE PEOPLE GET AT HOME. SO THOSE ARE THE KINDS OF THINGS THAT WE WOULD LIKE TO HELP THEM DO AND NOT JUST LEAVE THEM OUT ON THEIR OWN. BUT WE WANT THAT-- WE NEED THAT YEAR TO GET ALL OF THAT WORK DONE AND THE STAFFING TO DO THAT. SO THAT WAS THE TIMELINE. ALSO, WE HAVE THE TRANSITION TO THE NEW WASTE HAULER IN THE FIRST PART OF NEXT YEAR, AS WELL AS THE NEW ORGANICS REGULATIONS THAT WE WILL ALSO BE IMPLEMENTING. SO WE'LL BE OUT WORKING WITH THEM A LOT. IT JUST THAT WAS REALLY THE REASONING FOR USING THE JULY ONE TO JUNE 30TH FOR THE OUTREACH WITH THE EFFECTIVE ENFORCEMENT DATE OF JULY ONE, TWENTY TWENTY THREE. OKAY. OKAY, GREAT. THANK YOU. AND I JUST THOUGHT I REMEMBER WHEN WE HAD THIS CONVERSATION BEFORE THAT I WAS OK WITH THE EIGHTEEN MONTHS. BUT WHAT WE ULTIMATELY DECIDED ON WAS TO GET THIS UP AND RUNNING AND FULLY IMPLEMENTED IN 12 MONTHS. SO, I JUST WANT TO DOUBLE CHECK TO MAKE SURE THAT MY RECOLLECTION IS RIGHT. IF IT'S ABSOLUTELY IMPOSSIBLE, I UNDERSTAND. BUT I WAS JUST REMEMBERING THAT DISCUSSION, HOW WE WANTED TO GET IT STANDING UP AS SOON AS POSSIBLE. THAT IS CORRECT. WELL, THAT WAS THE DISCUSSION THAT WAS HAD WE WERE LOOKING AT THE 12 MONTHS FROM-- BUT REALLY WITHOUT STAFF TO DO IT RIGHT NOW, WE'RE TWO PEOPLE AND THERE'S JUST NO CAPACITY TO DO ANYTHING ABOVE WHAT THE COMPLIANCE REQUIREMENTS. SO WITHOUT THE STAFFING AND THEN OUR ASSUMPTION WAS ONCE YOU GO THROUGH THE HIRING PROCESS, YOU DO THE ONBOARDING, GET THEM UP TO SPEED. THAT WOULD TAKE AT LEAST THREE TO FOUR MONTHS. SO THAT WAS REALLY THAT TIME PERIOD. I'M NOT SURE HOW WE CAN DO IT QUICKER THAN THAT. WE WERE USING THE 12 MONTHS AS GIVING THE BUSINESSES THE 12 MONTHS, WHICH WOULD BE THE JULY TO JUNE TIME PERIOD. ONCE WE'RE KIND OF HAVE THE OUTREACH DONE AND HAVE THE EMPLOYEES THERE. BUT I'M NOT SURE WITH OUR CURRENT STAFFING HOW WE COULD DO THAT ANY SOONER THAN WHAT WE PROVIDED. THANK YOU. AND I FEEL LIKE IT'S ASKING SO MUCH OF JUST THE TWO OF YOU NOW WHO ARE IN THAT DEPARTMENT. AND I KNOW YOU'RE CARRYING A LOT RIGHT NOW, BUT YOU WILL HAVE HELP SOON. SO WE'RE BY LAW, THIRTEEN EIGHTY THREE IS GOING TO GET FOUR MORE PEOPLE IN AND THEN WE'VE BEEN TALKING ABOUT ADDING [INAUDIBLE] NEW ONES AS WELL. SO BUT ACCELERATING THAT AND GETTING THAT UP AND RUNNING AS SOON AS POSSIBLE, JUST SUCH A PRIORITY, SUCH A PRIORITY TO GET IT UP THERE. SO THANK YOU FOR WHATEVER YOU CAN DO IN THAT AREA. DR. BHAT-PATEL. OH, THANK YOU. I DON'T HAVE ANY QUESTIONS, BUT IF YOU'RE OPEN FOR COMMENTS, I'M HAPPY TO PROVIDE FEEDBACK THAT WAY. OK, START US OFF. OK, THANK YOU. WELL, FIRST OFF, I JUST WANT TO SAY THANK YOU TO MR. WOOD AND MS. JONES. I KNOW THIS HAS BEEN A LONG ROAD AND I DEFINITELY HAVE TO SAY YOU ALL HAVE BEEN WORKING ON THIS EVEN BEFORE I WAS ON COUNCIL. SO I JUST HAVE TO SAY THANK YOU FOR DOING WHAT YOU'VE BEEN DOING. IT'S A LONG, LONG TIME COMING. [03:30:24] AND I KNOW THAT THERE WAS A SPEAKER THAT MENTIONED THAT THE FIRST TIME WE BROUGHT UP SINGLE USE PLASTICS WAS ACTUALLY MAYBE ONE OF MY ONE OF MY FIRST FEW MEETINGS, AND I THINK IT WAS FEBRUARY OF 2019. AND SO JUST TO SEE IT COME FULL CIRCLE AFTER A FEW YEARS IS REALLY EXCITING. AND I KNOW THAT SPECIFICALLY FOR OUR-- ALL OF THE DIFFERENT FOLKS THAT HAVE [03:35:07] THE OPPORTUNITY TO ENJOY OUR COASTAL CITY, IT'S SO IMPORTANT NOT ONLY FROM A CLIMATE CHANGE PERSPECTIVE, BUT REALLY FROM A PERSPECTIVE OF ENSURING THAT AS WE PUSH FORWARD THAT OUR FUTURE GENERATIONS CAN CONTINUE TO ENJOY THE NATURAL RESOURCES THAT WE HAVE. AND I THINK IT'S SO, SO ESSENTIAL THAT AS A COASTAL CITY THAT WE ARE LEADERS IN THE REGION AND DEFINITELY WE ARE IN MANY DIFFERENT REGARDS WHEN IT COMES TO [19. APPOINT ONE MEMBER TO THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD] ENVIRONMENTALISM AND SUSTAINABILITY. HOWEVER, ON A FEW DIFFERENT FRONTS, POLICY WISE, WE JUST HAVEN'T BEEN AND I'M LOOKING [20. APPOINT FOUR MEMBERS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY COMMITTEE] [03:40:15] FORWARD TO CHANGING THAT WITH OUR COUNCIL TODAY AND MAKING SURE THAT WE ARE CATCHING UP WITH SOME OF OUR NEIGHBORS. AND SO DEFINITELY LOOKING FORWARD TO THAT AND MAKING SURE THAT WE ARE PRIORITIZING OUR ENVIRONMENT. SO ALL I'M GOING TO SAY AND I'M LOOKING FORWARD TO SUPPORTING THIS AND SUPPORTING THE ROADMAP AND DEFINITELY MAKING SURE THAT WE ARE DOING SO IN A MANNER THAT IS EXPEDIENT, BUT AT THE SAME TIME IS GOING TO-- I KNOW WE TALKED ABOUT ORGANIZATIONAL CAPACITY DURING GOAL SETTING, SO I JUST WANT TO MAKE SURE THAT WE'RE DOING [03:45:35] IT IN A WAY THAT'S MINDFUL OF HOW MANY FOLKS WE HAVE ON BOARD CURRENTLY. AND AS WE'RE BRINGING FOLKS ON. THAT WE'RE ABLE TO DO SO IN A WAY THAT YOU ALL CAN BALANCE THAT WORKLOAD AS [COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS] WELL. SO LOOKING FORWARD TO THAT, AND DEFINITELY, I THINK I JUST WANT TO EMPHASIZE HOW OUR CITY IS ALWAYS REALLY MINDFUL OF MAKING SURE THAT WE ARE EDUCATING FOLKS ALONG THE WAY THAT WE'RE DOING WHAT WE CAN TO BRING THEM ALONG AS WE'RE MAKING CHANGE HAPPEN. [03:50:18] YOU KNOW, PEOPLE ALWAYS SAY CHANGE IS THE ONLY CONSTANT, RIGHT? AND SO THIS IS ONE OF THOSE OTHER THINGS WHERE THIS IS ANOTHER CHANGE WE'RE [CITY MANAGER COMMENTS] BRINGING ALONG INTO THE COMMUNITY. AND I DO WANT TO EMPHASIZE AGAIN THAT I THINK MR. WOOD AND MS. JONES HAVE ACTUALLY WORKED REALLY WELL WITH THE BUSINESS COMMUNITY. AN EXAMPLE WOULD BE DOING SUSTAINABILITY FORUMS AND OTHER THINGS THAT THEY'VE HAD THE OPPORTUNITY TO DO WITH THE BUSINESS COMMUNITY AND WORK WITH THEM AND REALLY UNDERSTAND WHAT ARE SOME OF THE THINGS THAT THEY'RE ALREADY UTILIZING. AND THEN ALSO, WHAT ARE WE UTILIZING AND HOW WE CAN KIND OF COME TOGETHER AND THEN EDUCATE FOLKS THAT MAY NOT NECESSARILY HAVE HAD THE OPPORTUNITY TO LEARN JUST ABOUT YET? AND SO I AM REALLY LOOKING FORWARD TO THIS. I THINK NOT ONLY IS THIS GOING TO BE A REALLY KEY AND INSTRUMENTAL PLAN MOVING FORWARD, BUT I DO THINK IT'S REALLY JUST GOING TO BE SOMETHING THAT MANY OF OUR FUTURE [CITY ATTORNEY COMMENTS] GENERATIONS ARE GOING TO THANK US FOR. AND ALSO, I THINK IT'LL JUST BE SOMETHING THAT WE'RE ALL GOING TO BE PROUD OF FOR SURE AS WE MOVE FORWARD. SO I JUST WANTED TO SAY THANK YOU AND I'M REALLY LOOKING FORWARD TO SUPPORTING THIS TONIGHT. OKAY, MR. NORBY? THANK YOU, MAYOR. YOU KNOW, I'M VERY HAPPY WITH THIS PRESENTATION TONIGHT AS WE KIND OF HAVE THIS FIRST, I THINK IT WAS NOVEMBER, MAYBE OCTOBER. WE KIND OF CHALLENGED TO YOU TO GET BACK TO US BEFORE THE END OF THE YEAR. SHORT TIMELINE, YOU DID THAT. AND [INAUDIBLE] I RECALL THAT FIRST PRESENTATION. IT WAS FOUR ON THE SOLID WASTE SIDE, WHICH IS REQUIRED BY THE STATE AND WILL BE PAID FOR IN OUR WASTE HAULER FEES. AND SO IT'S NOT A GENERAL FUND EXPENDITURE. BUT THEN IT WAS FOUR ON THE OTHER SIDE AND I THINK IT WAS A FULL TIME EQUIVALENTS. AND SO THAT HAS BEEN HAS GONE FROM FOUR TO TWO. MAYBE IT WAS EVEN FOUR POINT FIVE, BUT I KNOW IT WAS AT LEAST FOUR AND IT'S GONE TO FOUR POINT TWO TO KIND OF ACCOMPLISH WHAT THE COUNCIL DECIDED ON DOING THAT. SO I DID NOT KNOW HOW THAT WAS GOING TO GO. I KNEW THAT YOU WERE GOING TO KIND OF DRILL DOWN AND YOU'RE GOING TO COME, YOU'RE GOING-- THERE'S PART OF ME THAT SAID, YOU KNOW, YEAH, I KNOW WE DID LIKE FOUR OUT OF FIVE, BUT WE'RE STILL GOING TO NEED FOUR, RIGHT? NOT THREE. OR MAYBE WE NEED MORE. SO I'M HAPPY TO SEE IT'S TWO. YOU KNOW, I DEFINED MYSELF. I SELF DEFINE MYSELF AS AN ENVIRONMENTALIST, BUT ALSO AS A VERY PRAGMATIC ENVIRONMENTALIST. AND I LOOK AT THIS IN TERMS OF, IS IT POSSIBLE? IS IT PRACTICAL? CAN WE DO THAT? WILL IT HAPPEN? WHAT ARE THE OBSTACLES AND KIND OF A PRAGMATIC FORMAT. BUT I WANT TO SHARE WITH YOU THAT I WAS PROFESSIONAL STAFF IN A CITY WHO ADOPTED THIS FOUR YEARS AGO AND WORKED WITH OVER FOUR HUNDRED MERCHANTS, THREE COMMUNITIES. AND IT WAS NOTHING. IT WAS ABSOLUTELY A NO BRAINER TO HAVE THIS BECOME PART OF THAT COMMUNITY'S FABRIC. IT WAS EMBRACED BY THE COMMUNITY. IT WAS EMBRACED BY THE SUPPLIERS. IT WAS EMBRACED BY THE RESTAURANT INDUSTRY. IT'S BEEN GOING ON. IT IS NOT AN ISSUE THAT IS PROBLEMATIC IN TERMS OF ITS OPERATIONS OVER THE LAST COUPLE OF YEARS. AND I THINK IT'S VERY, VERY IMPORTANT BASED UPON SOME OF THE SPEAKERS THAT WE HEARD TONIGHT. IT IS AN IMPORTANT PART OF OUR COMMUNITY. ENVIRONMENTALISM AND PROTECTION OF THE OCEAN AND WASTE REDUCTION IS AN IMPORTANT PART OF OUR COMMUNITY. AND LIKE ANYTHING ELSE THAT'S IMPORTANT TO OUR COMMUNITY, WHETHER IT'S SENIOR CITIZENS OR COMMUNICATION OR PARKS AND REC OR POLICE OR WHATEVER, WE FIND A WAY AND WE STRIKE THAT BALANCE TO MAKE TO MAKE IT HAPPEN. SO I'M REALLY HAPPY TO SEE THIS. I KNOW THERE'S CONCERN OUT IN THE COMMUNITY RIGHT NOW. FIRST OF ALL, I WOULD SAY, YOU KNOW, I'M JUST GIVING A KIND OF A MAYBE A THUMBNAIL HERE, BUT I THINK BETWEEN 30 AND 50 PERCENT OF OUR BUSINESSES ARE ALREADY DOING IT. THEY'RE ALREADY PRACTICING REALLY, REALLY GOOD PRACTICES WITH REGARD TO THEIR SINGLE USE PLASTICS WITH THEIR RECYCLABLES. AND I WOULD SAY IT'S PROBABLY BETWEEN 30 AND 50 PERCENT ALREADY DOING IT, MAYBE EVEN MORE. AND I KNOW THERE'S CONCERN ON SOME BUSINESS OWNERS AND SOME RESTAURANT OWNERS PART THAT IT'S GOING TO BE SLIGHTLY MORE EXPENSIVE OR IT COULD BE SLIGHTLY MORE EXPENSIVE TO TRANSITION INTO THIS MORE KIND OF SUSTAINABLE WAY, WITH LESS IN THE WASTE STREAM AND LESS IN OUR OCEANS. THAT IS GETTING TO BE LESS AND LESS AND LESS OF THE CASE WITH THE SUPPLIERS AND WITH THE MATERIALS THAT ARE OUT THERE TO REPLACE SINGLE USE PLASTICS AND SINGLE USE DISPOSABLES. THAT DELTA IS CLOSING QUICKLY. [03:55:01] AND IN SOME CASES, IT'S NOT EVEN A COST ANYMORE. IT'S JUST A BETTER CHOICE. BUT I WILL TELL YOU, AS A BUSINESS OWNER AS WELL, THERE IS A COST OF NOT DOING IT AND YOU'RE HAVING MORE AND MORE CONSUMERS WHO ARE SENSITIVE TO OUR ENVIRONMENT, SENSITIVE TO OUR OCEANS, WHO WILL REFUSE TO PATRONIZE YOUR BUSINESS JUST BECAUSE THEY'RE MAKING A PERSONAL CHOICE THAT THIS IS SOMETHING THAT THEY DON'T AGREE WITH AND THIS IS SOMETHING THAT THEY WANT TO WORK ON AND THEY'LL JUST GO SOMEPLACE ELSE. SO THERE'S THAT PERCENTAGE THAT'S OUT THERE, AND I USE MYSELF, YOU KNOW, I'M, I JUST, I GUESS ONE OF MY VICES WOULD BE, I LIKE WINE AND I'M A MEMBER OF SEVERAL WINE CLUBS. BUT WHEN THE WINE COMES AND I JOIN A WINE CLUB AND IT COMES AND IT'S IN STYROFOAM AND IT'S NOT PACKED WELL AND IT'S NOT DONE WITH, YOU KNOW, EASILY RECYCLABLE PRODUCTS, I WILL CALL THAT WINERY ONCE AND SAY, LISTEN, THE OTHER WINERIES ARE USING CARDBOARD THAT'S CHOPPED UP AND EASILY BREAKS DOWN INTO OUR WASTE STREAM. AND IF YOU DON'T GO THERE, I'M GOING TO QUIT YOUR WINE CLUB. I MEAN, IT'S THAT IMPORTANT TO ME. SO CONSUMERS ARE EXERCISING THAT CHOICE MORE AND MORE, AND I THINK OUR BUSINESSES NEED TO BE AWARE OF THAT. BUT I'M VERY HAPPY WITH THIS. I THINK IT REPRESENTS OUR COMMUNITY WELL, OUR KIND OF PLACE ON EARTH, RIGHT NEXT TO OCEANS WITH LAGOONS AND LOOKING FORWARD TO SUPPORT THIS. COUNCIL MEMBER ACOSTA, ANY OTHER COMMENTS? I THINK I MADE ALL MY COMMENTS, I'M VERY PROUD TO SUPPORT THIS, THANK YOU. MR. BLACKBURN ANY MORE COMMENTS? I JUST WANT TO SAY YESTERDAY WE DID HAVE A GOAL SETTING AND ONE OF THE THINGS WE TALKED ABOUT IS SPENDING MORE MONEY THAN WE HAVE COMING IN. AND THAT DOES-- WE HAVE HIRED LOT OF EMPLOYEES THROUGHOUT THE ENTIRE ORGANIZATION. AND IT'S STARTING TO HURT FINANCIALLY A LITTLE BIT. BUT IN THIS PARTICULAR CASE, THIS IS IMPORTANT AND STAFF HAS SAID THAT WE JUST DON'T HAVE STAFF CAPACITY TO DO IT RIGHT WITHOUT HIRING ADDITIONAL PEOPLE. SO I'M GOING TO SUPPORT IT. LET ME KNOW WHEN YOU'RE READY FOR THE MOTION. AND I'LL JUST MAKE TWO QUICK COMMENTS. I'M IN GENERAL AGREEMENT WITH EVERYONE. THERE ARE SEVERAL WAYS TO ACCOMPLISH A GOAL, AND I THINK MR. NORBY SUMMED IT UP CORRECTLY. THE INDUSTRY IS PROBABLY EQUAL TO OR GREATER THAN WHERE WE'RE AT AT THIS MOMENT AND PERHAPS INCORPORATING THEM INTO YOUR INTO YOUR FRONT OF YOUR GAME PLAN VERSUS TAKING A GAME PLAN TO THEM. WE'LL GET YOU THERE A LOT QUICKER THAN AS IF YOU'RE WALKING OUT INTO AN AREA WHERE THERE IS NO KNOWLEDGE. THE OTHER THING IS, IS WHEN YOU TALK ABOUT CARLSBAD, AND CARLSBAD BEING ON THE FOREFRONT, IT WAS BEFORE LEGOLAND THAT CARLSBAD DID AWAY WITH DRIVE THRU RESTAURANTS. AND THE REASON WE DID AWAY WITH DRIVE THRU RESTAURANTS WAS THE LITTER THAT WE WERE FINDING ON OUR COASTLINE. SO CARLSBAD HAS, I THINK, DEMONSTRATED THROUGHOUT THE YEARS ITS ENVIRONMENTAL SENSITIVITY TO QUITE AN EXTREME SO THAT I JUST THINK THAT WAS NOTEWORTHY. SO WITH THAT MR. BLACKBURN, IF YOU WANT TO MAKE A MOTION. MOVE ADOPTION OF BOTH RESOLUTIONS CONTAINED AN AGENDA ITEM NUMBER 18. 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. SO THIS PASSES UNANIMOUSLY. MOVING ON TO ITEM NINETEEN APPOINT ONE MEMBER TO THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, I BELIEVE THAT'S FOR ME TO DO, AND IT WOULD BE MR. CANEPA TO BE REAPPOINTED SO. IS THERE ANY SPEAKERS ON THIS ITEM? AT THIS TIME, ANYONE WISHING TO SPEAK ON ITEM NUMBER 19, IF YOU COULD PLEASE RAISE YOUR HAND VIRTUALLY IF YOU'RE JOINING USING THE MEETING LINK. IF YOU'RE ON THE PHONE, CAN YOU PLEASE PRESS STAR SIX? I APOLOGIZE IF YOU'RE JOINING US VIA THE 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. 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 NOT HAVE ANY SPEAKERS, MAYOR. OK. IS THERE A SECOND? I SECONDED IT. OK. CALL FOR THE QUESTION. COUNCIL MEMBER NORBY. AYE. COUNCIL MEMBER ACOSTA AYE. COUNCIL MEMBER BHAT-PATEL. AYE. MAYOR PRO TEM BLACKBURN. AYE. MAYOR HALL. AYE. PASSES UNANIMOUSLY. MOVING ON TO ITEM 20 APPOINT FOUR MEMBERS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY COMMITTEE, AND I BELIEVE THIS IS UP TO EACH OF THE DISTRICT REPRESENTATIVES. AM I CORRECT ON THAT MS. BREWER? CELIA? YES, I'M SORRY, I'M JUST UNMUTING. I'M GOING TO ASK FAVI TO CONFIRM THAT WITH ME BECAUSE I THINK THAT, THAT-- LET'S SEE. THAT IS CORRECT. YEAH. ONE FROM EACH. SO WE'RE READY TO DO THIS. MR. NORBY, YOU WANT TO GO FIRST? YOU'RE MUTED MR. NORBY. SOMETIMES THAT THING JUST WON'T COME OFF. BOY, I TELL YOU, I USE A SPACE BAR TO GET IT OFF, AND SOMETIMES IT WON'T. I HAVE TO GO DOWN AND FIND IT. MAYOR, I WANT TO APOLOGIZE PROFUSELY. I THOUGHT THESE WERE MY [INAUDIBLE] APPOINTMENTS. I HAVE-- I AM NOT PREPARED TO MAKE A DISTRICT ONE APPOINTMENT AT THIS TIME. OK. I AM CORRECT, MY UNDERSTANDING IS CORRECT, MS. BREWER, THAT THESE ARE-- OR FAVI, THAT THESE ARE BE DONE BY--[INAUDIBLE] OK. HOW ABOUT HOW ABOUT COUNCIL MEMBER ACOSTA? OK, WELL, THERE WASN'T ANY APPLICANTS FROM DISTRICT FOUR, SO I WAS KIND OF WAITING TO SEE WHAT THE OTHER DISTRICT COUNCIL MEMBER, YOU KNOW, AND THEN I CAN APPOINT FROM THE LEFT OVER. THANK YOU VERY MUCH. I APPRECIATE THAT. DR. BHAT-PATEL? SURE. SO FROM DISTRICT THREE, THERE WAS ELIZABETH TORIO, AND I BELIEVE THAT ELIZABETH HAD ALSO SUBMITTED SOME FEEDBACK ONLINE TO ALL OF US VIA EMAIL, SO I WANTED TO PUT ELIZABETH NAME FORWARD. SECOND. MAYOR WOULD YOU LIKE FOR ME TO CALL FOR SPEAKERS BEFORE WE DID ALL THE VOTES? YES, WE CAN SURE BY ALL MEANS. AT THIS TIME, I WOULD LIKE TO ASK THOSE WISHING TO SPEAK ON ITEM NUMBER 20 TO 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 A MUTE. 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 NOT HAVE ANY SPEAKERS, MAYOR. OKAY. DO WE WANT TO VOTE ON THESE ALTOGETHER OR ONE AT A TIME MS. BREWER? I WOULD RECOMMEND ONE AT A TIME, SINCE IT'S NOT CLEAR. OK, THEN YOU'VE-- YOU PUT FORTH YOUR NAME, DR BHAT-PATEL, ELIZABETH TORIO. CORRECT. CORRECT. YEAH, THAT'S THE ONE I PUT FORWARD. OK. AND I SECONDED IT. OK. CALL FOR THE QUESTION. COUNCIL MEMBER NORBY. AYE. COUNCIL MEMBER ACOSTA, AYE, COUNCIL MEMBER BHAT-PATEL, AYE. MAYOR PRO TEM BLACKBURN, AYE, MAYOR HALL, AYE. MR. BLACKBURN, YOU'RE-- KEITH [INAUDIBLE]. OK. I'LL SECOND. CALL FOR THE QUESTION. COUNCIL MEMBER NORBY. AYE, COUNCIL MEMBER ACOSTA, AYE. COUNCIL MEMBER BHAT-PATEL. AYE. MAYOR, PRO TEM BLACKBURN. AYE. MAYOR HALL. AYE. OK. COUNCIL MEMBER ACOSTA, ARE YOU READY AT THIS MOMENT? SURE, YEAH. AND LIKE I SAID, I WAS JUST TRYING TO SEE WHAT OTHER THE OTHER DISTRICT CHOICES WERE. BUT I PICKED STEVE GISH. OK. SECOND. CALL FOR THE QUESTION. COUNCIL MEMBER NORBY, AYE. COUNCIL MEMBER ACOSTA AYE, COUNCIL MEMBER BHAT-PATEL, AYE. [04:00:02] MAYOR PRO TEM BLACKBURN. AYE. MAYOR HALL. AYE. OK, SO. HELP ME WITH THIS. ON DISTRICT ONE, THERE'S, JOHN ALLEN MAY AND DAVID BARNETT, DO WE WANT TO PUT THAT OFF FOR A MEETING OR MR. NORBY OR COUNCIL? YES. DR. BHAT-PATEL? YEAH, IF I MAY SUGGEST I KNOW I'VE SEEN. WELL, I BELIEVE MR. BARNETT MAY HAVE SERVED ON THIS PREVIOUSLY, IF I'M NOT MISTAKEN, OR HE SERVED ON A COMMISSION. AND I KNOW MR. MAY HAD WANTED TO SERVE ON SOMETHING FOR SOME TIME. HE'S BEEN APPLYING TO DIFFERENT COMMISSIONS. SO JUST TO BE FAIR AND BE ABLE TO PROVIDE HIM WITH THAT OPPORTUNITY, I JUST THOUGHT I WOULD RAISE THAT. BUT I'M NOT 100 HUNDRED PERCENT IF MR. BARNETT HAS PARTICIPATED IN SOMETHING ELSE, I JUST REMEMBER THAT NAME AND INTERACTING WITH SOMEONE WITH THAT NAME. SO THEY BOTH APPLIED FOR OTHER OTHER BOARD. OTHER THINGS? OK, I JUST WANTED TO BRING THOSE UP. SO, OF COURSE, IT'S UP TO MR. NORBY, BUT I JUST WANTED TO BRING THAT UP. YEAH, I GUESS I WOULD ASK. WE'RE PROBABLY ABOUT THREE WEEKS AWAY FROM OUR NEXT COUNCIL MEETING. IS THERE A DETRIMENT TO WAITING FOR THREE WEEKS TO APPOINT A DISTRICT ONE? I MEAN, I'D LIKE TO GIVE BOTH APPLICANTS-- I'D LIKE TO READ THEIR APPLICATION AND TO GIVE IT DUE CONSIDERATION AS OPPOSING ONE-- AS OPPOSED TO PICKING ONE OVER THE OTHER. BUT IF THERE IS A DETRIMENT TO NOT HEARING THIS FOR THREE WEEKS AND AGAIN, I PROFUSELY APOLOGIZE. IT'S NOT SOMETHING THAT I HAD ON MY RADAR IN TERMS OF-- I'M NEW TO THIS AND THAT WOULD BE MY FIRST APPOINTMENT AND I BLEW IT, SO I APOLOGIZE FOR THAT. BUT I'D LIKE TO WAIT THREE WEEKS UNLESS IT'S A PROBLEM. MR. CHADWICK. I BELIEVE THAT, AND I'M GOING TO DEFER TO FAVI ON THIS, BUT I BELIEVE THAT WE CAN ACCOMMODATE THAT. IS THAT CORRECT, FAVI? BASED OFF OF THE QUORUM WE WOULD HAVE, I WOULD SAY YES, BUT I WOULD ALSO LIKE TO CONFIRM WITH CITY ATTORNEY BREWER IF SHE'S AWARE OF ANYTHING ELSE OTHER THAN THE QUORUM REQUIREMENT. UM, NO, I BELIEVE WE HAVE THREE SIX SHOULD BE FINE FOR A QUORUM. AND I WOULD NOTE THAT IT ALREADY SAYS THAT THE DISTRICT ONE POSITION HAS BEEN VACANT FOR QUITE A WHILE, SO I THINK WE CAN WAIT ANOTHER THREE WEEKS. OKAY. OK. SO WE'LL PUT THAT OFF FOR THREE WEEKS TO A MOTION FOR THAT MS. BREWER. NO, WE WILL JUST CONTINUE UNTIL WE CAN FILL THIS ITEM. HOWEVER, I DO WANT TO KNOW WHAT WE'RE GOING TO BE FILLING IT FROM THE EXISTING APPLICANT POOL BECAUSE WE DON'T INTEND TO GO OUT AND RE-ADVERTISE. IS THAT CORRECT? YOUR UNDERSTANDING AS WELL? OK, THANK YOU. OK WITH THAT, THEN WE'LL GO TO FINAL COMMENTS. WELL, MR. NORBY, YOU WANT TO START, I JUST WANT TO KEEP THIS VERY SHORT AND JUST SAY HAPPY HOLIDAYS TO ALL AND HOPE YOU'RE SURROUNDED WITH FAMILY AND FRIENDS AND LOVE AND GOOD FEELINGS, AND WE'LL SEE YOU IN JANUARY. OK. COUNCIL MEMBER ACOSTA. THANK YOU. YES. THE END OF A REALLY BUSY AND PRODUCTIVE YEAR, I ALSO WANT TO WISH EVERYBODY HAPPY HOLIDAYS AND TO ENCOURAGE PEOPLE OVER THIS TIME, IF THERE ARE THINGS THAT YOU THINK OF FOR THE UPCOMING YEAR THAT YOU'D LIKE US TO CONSIDER ON THE CITY COUNCIL, NOW'S A GREAT TIME TO EMAIL US YOUR IDEAS AND YOUR THOUGHTS ABOUT THINGS THAT WE COULD BE WORKING ON. AND SO WE COME OUT IN JANUARY WITH LOTS OF THINGS ON OUR AGENDA. NOT THAT WE DON'T ALREADY HAVE THEM PLANNED, BUT YOU KNOW, ADD TO OUR LIST. THAT'S WHAT WE'RE HERE FOR. WE'RE HERE TO SERVE YOU. SO THANK YOU. HAPPY HOLIDAYS. DR BHAT-PATEL. YEAH, I JUST WANTED TO BRIEFLY GIVE A SHOUT OUT TO THE CARLSBAD CLEANUP CREW. I KNOW THAT SOMEBODY MENTIONED THEY WERE ACTUALLY JUST RECOGNIZED BY THE 10 NEWS AND WERE GIVEN AN AWARD IN DECEMBER, WHICH WAS REALLY EXCITING. AND SO I JUST WANTED TO SAY THAT IT'S REALLY INSPIRATIONAL TO ALWAYS SEE PEOPLE INVOLVED WITHIN OUR COMMUNITY AND ESPECIALLY OUR YOUNG PEOPLE, WHICH IS ALWAYS REALLY COOL. AND SO JUST WANTED TO SAY THAT AS CARLSBAD HIGH SCHOOL IS MY ALMA MATER REALLY COOL, TO SEE SOME STUDENTS OUT THERE DOING EVERYTHING THEY CAN TO CLEAN UP OUR BEAUTIFUL CITY AND DOING EVERYTHING THEY CAN TO PROTECT OUR CLIMATE. SO JUST WANTED TO SAY AWESOME JOB AND CONGRATULATIONS. AND THEN OTHER THAN THAT, I KNOW WE HAVE A FEW OTHER MEETINGS COMING UP IN THE NEXT FEW DAYS AND NCTD, CLEAN ENERGY ALLIANCE. I KNOW THAT THOSE ARE GOING TO BE HAPPENING. BUT THEN AFTER THAT, YES, IT IS THE HOLIDAY. SO TO THOSE THAT CELEBRATE HAPPY HOLIDAYS, MERRY CHRISTMAS AND HAPPY NEW YEAR. AND THEN MAYOR AND KEITH, I KNOW WE'RE ALMOST BIRTHDAY TWINS. SO HAPPY EARLY BIRTHDAY. RIGHT AFTER THE NEW YEAR TO THE TWO OF YOU BECAUSE I KNOW YOU BOTH SHARE A BIRTHDAY. SO HAPPY BIRTHDAY. MR. BLACKBURN. [INAUDIBLE] THE MOST IMPORTANT THING IS FOR ME TO SAY, YES, WE SHARE THE SAME BIRTH DATE, NOT THE SAME YEAR. I JUST WANT TO MAKE SURE THAT'S CLEAR. AND PRIYA, YOU BROUGHT UP THE HIGH SCHOOL KIDS IN THE CLEANUP. THEY INVITED US. GOSH, IT'S PROBABLY BEEN A YEAR NOW TO PARTICIPATE. AND IT WAS A LOT OF WORK. I QUIT EARLY AND I DIDN'T-- I FIGURED THEY WERE GOING TO COLLECT ONE HUNDRED POUNDS OF TRASH. I FOUND OUT THE NEXT DAY IT WAS NEARLY A TON OF TRASH OF OLD BICYCLES AND SHOPPING CARTS AND ALL KINDS OF STUFF. I WAS ABSOLUTELY SURPRISED THAT THEY COLLECTED THAT MUCH TRASH AND THAT WAS JUST THE ONE DAY THAT I QUIT EARLY. SO APPARENTLY THOSE GUYS ARE JUST EARNING THEIR KEEP AND I APPRECIATE IT, AND I JUST WANT TO MAKE SURE THAT I ECHO WHAT DR. PATEL JUST SAID. OTHER THAN THAT, I HAVE NOTHING TO ADD. THANK YOU SO MUCH. OK, AND I JUST LIKE TO WISH MR. CHADWICK, MS. BREWER AND YOUR YOUR WHOLE TEAM A JOB WELL DONE THIS YEAR. IT'S AMAZING HOW MUCH WE'VE HAD BEEN ABLE TO ACCOMPLISH IN SPITE OF ALL THE CHALLENGES AND TO MY COLLEAGUES, I'VE REALLY ENJOYED THIS LAST SIX MONTHS. IT SEEMS LIKE WE'VE ALL COME BACK TOGETHER. WE MIGHT NOT ALWAYS AGREE, BUT WE'RE AT LEAST BACK TOGETHER AND I THINK MOVING IN A REAL POSITIVE DIRECTION. SO FOR THAT, I AM EXTREMELY APPRECIATIVE AND FOR THE COMMUNITY JUST TO WISH YOU VERY HAPPY OR VERY MERRY CHRISTMAS AND A HAPPY NEW YEAR. AND BY ALL MEANS, PLEASE, PLEASE BE SAFE. AND THAT I DO HAVE AN ANNOUNCEMENT THIS THURSDAY, THE 16TH FROM 11:00 TO 1:30 P.M.. THE SAN DIEGO NORTH EDC LUNCHEON, IT AT NORTH COUNTY ECONOMIC DEVELOPMENT AWARDS. AND IT'S GOING TO BE UP THE SEABIRD RESORT. THAT'S UP 101 MISSION AVE. IN OCEANSIDE. SO MR. CHADWICK. YEAH, THANK YOU, MAYOR, AND I JUST WANT TO THANK ALL COUNCIL AND ALL OF OUR EMPLOYEES, AND I WISH YOU ALL A VERY HAPPY AND RESTFUL HOLIDAY SEASON. REALLY APPRECIATE THE DIRECTION AND POLICY ADVICE THAT YOU'VE BEEN GIVING US OVER THIS ENTIRE YEAR. AND, LAST I CERTAINLY WANT TO JUST TRULY THANK ALL OF OUR CITY EMPLOYEES BECAUSE THEY'VE BEEN DOING A HECK OF A JOB IN DIFFICULT SITUATIONS AND DIFFICULT-- WORKING REMOTELY, NOT A LOT OF FUN. AND I REALIZE WORKING IN A PANDEMIC OR AN ENDEMIC IT CAN BE A CHALLENGE. SO I JUST-- MY HEART GOES OUT TO THE COMMUNITY AS WELL OF ALL OF US AS WE CONTINUE TO MAKE OUR WAY THROUGH THIS. ONE LAST THING COUNCIL YESTERDAY ENDED UP PROVIDING US ADDITIONAL DIRECTION RELATED TO THE STRATEGIC GOAL, AND WE WILL BE DOING THE COMMUNITY ENGAGEMENT PROCESS AFTER THE HOLIDAYS. WE ARE GOING TO PUT A PAUSE ON IT TO MAKE SURE THAT EVERYONE GETS THEIR OPPORTUNITY TO SHARE TIME WITH FAMILY AND FRIENDS. PLEASE DO SO SAFELY AND SOCIALLY DISTANCE AS APPROPRIATE. BUT AGAIN, WE JUST WANT TO AGAIN THANK YOU FOR THE TIME IN THE EFFORTS, AND I HOPE EVERYONE HAS A GREAT HOLIDAY. THANKS. YES, MS. BREWER? THANK YOU. I'D JUST LIKE TO MAKE A CLARIFICATION WITH RESPECT TO ITEM 15, WHICH WAS THE CONTINUATION OF VIRTUAL MEETINGS ITEM AND THE RESOLUTION THAT WAS ADOPTED BY THE COUNCIL WAS ABSOLUTELY CORRECT. BUT WE DO NEED TO CLARIFY IT'LL COME BACK TO YOU AT THE FIRST REGULAR MEETING, NOT THE SECOND REGULAR MEETING IN JANUARY. SO I JUST WANT TO MAKE SURE I CORRECTED THAT AND OTHER THAN THAT I JUST WANT TO SAY HAPPY MARY, EVERYTHING. I HOPE EVERYONE ENJOYS. CAN'T WAIT FOR THE BREAK. CAN'T WAIT TO SEE YOU AGAIN WHEN WE GET BACK. [04:05:01] [INAUDIBLE] NEXT [INAUDIBLE] CITY CLERK. I JUST WANT TO WISH EVERYONE HAPPY HOLIDAYS. OK, WELL WITH THAT. EVERYONE BE SAFE AND WELL, ADJOURN THE MEETING. * This transcript was compiled from uncorrected Closed Captioning.