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[00:00:01]

ORDER, PLEASE TAKE ROLL.

[CALL TO ORDER]

ALL FIVE COUNCIL MEMBERS ARE PRESENT.

SAYS I MUST READ THE FOLLOWING.

[ANNOUNCEMENT OF CONCURRENT MEETINGS]

THE CITY COUNCIL IS ALSO SERVING AS THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS ON CONSENT CALENDAR ITEM NUMBER ONE AND DEPARTMENTAL AND CITY MANAGER REPORT ITEM NUMBER 13.

NEXT IS THE PLEDGE.

MS. BHAT-PATEL, WILL YOU PLEASE LEAD US IN THE PLEDGE? PUT YOUR RIGHT HAND OVER YOUR HEART.

READY? BEGIN.

ALLEGIANCE]. NEXT IS APPROVAL OF THE MINUTES TO BE THE MINUTES OF THE

[APPROVAL OF MINUTES]

REGULAR MEETING HELD NOVEMBER 7TH OF 23 MINUTES OF THE REGULAR MEETING, HELD NOVEMBER 14TH OF 23 MINUTES OF THE SPECIAL MEETING HELD DECEMBER 5TH OF 23. MOVE APPROVAL OF THE MINUTES AS RECITED BY THE MAYOR.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

NEXT CITY ATTORNEY, WILL YOU PLEASE REPORT OUT ON CLOSED SESSION? THANK YOU. MAYOR. THERE WAS NO REPORTABLE ACTION.

[PUBLIC COMMENT]

NEXT IS PUBLIC COMMENT.

I'M GOING TO READ THE FOLLOWING.

THE BROWN ACT ALLOWS ANY MEMBER OF THE PUBLIC TO COMMENT ON ITEMS NOT ON THE AGENDA.

PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING BY PROVIDING COMMENTS AS PROVIDED ON THE FRONT PAGE OF THIS AGENDA.

THE CITY COUNCIL RECEIVED COMMENTS AS REQUESTED, UP TO A TOTAL OF 15 MINUTES AT THE BEGINNING OF THIS MEETING.

ALL OTHER NON-AGENDA PUBLIC COMMENTS WILL BE HEARD AT THE END OF THE MEETING.

IN CONFORMANCE WITH THE BROWN ACT.

NO ACTION CAN OCCUR ON ANY OF THESE ITEMS. WE WELCOME CLAPPING DURING THE CEREMONIAL PRESENTATIONS AT THE BEGINNING OF THE CITY COUNCIL MEETING.

HOWEVER, WE ASK THAT YOU REFRAIN FROM CLAPPING DURING THE BUSINESS SECTION OF THE MEETING, STARTING WITH THE NON-AGENDA PUBLIC COMMENT.

THIS WILL HELP MAKE SURE THAT THE PEOPLE'S BUSINESS CAN BE CONDUCTED EFFICIENTLY, AND THAT THIS CHAMBER IS A PLACE WHERE ALL POINTS OF VIEW ARE WELCOMED AND RESPECTED.

THE CLERK WILL CALL YOUR NAME.

PLEASE COME UP TO THE PODIUM.

YOU HAVE THREE MINUTES AT THE 2 AND HALF MINUTE MARK.

THE PODIUM TURNS YELLOW TELLING YOU, GIVING YOU A WARNING THAT YOU HAVE 30S LEFT, PLEASE REFRAIN FROM GOING OVER THE THREE MINUTES AT THE THREE MINUTE TIME LIMIT.

I'VE ASKED THE CLERK TO TURN OFF THE MICROPHONE.

PLEASE CALL OUR FIRST SPEAKER, MICHAEL VON NEUMANN.

GOOD EVENING. MY NAME IS MICHAEL VON NEUMANN, I'M A RESIDENT OF ENCINITAS.

I'M A PEDESTRIAN, CYCLIST AND MOTORIST.

I HAVE DRIVEN AND RIDDEN THOUSANDS OF MILES ON CARLSBAD STREETS OVER THE PAST 30 YEARS.

I WANT TO THANK THE CITY OF CARLSBAD, THE COUNCIL, THE TRAFFIC SAFETY AND MOBILITY COMMISSION, CITY STAFF AND POLICE DEPARTMENT FOR THE CONCERTED EFFORT TO MAKE STREETS SAFER FOR ALL USERS, ESPECIALLY THE MOST VULNERABLE LIKE MYSELF, WHO'S OLD.

I PRIMARILY RIDE AND DRIVE ON CARLSBAD BOULEVARD ALONG THE COAST EL CAMINO REAL, LA COSTA AVENUE, POINSETTIA, FARADAY COLLEGE AND CANON CARLSBAD SHOULD BE COMMENDED FOR THE CHANGES BEING DESIGNED AND IMPLEMENTED ON MANY OF THESE STREETS, INCLUDING LANE NARROWING, LANE REDUCTION, GREEN PAINT FOR CONFLICT AREAS, WIDER BIKE LANES WITH BUFFERS, [INAUDIBLE] PAVEMENT MARKINGS, SPEED HUMPS, BULB OUTS, FLASHING PEDESTRIAN CROSSINGS, SLOWER SPEED LIMITS, LAW ENFORCEMENT AND EDUCATION.

CHANGING CAR CENTRIC ROADWAY DESIGN TO ACCOMMODATE A WIDER VARIETY OF USERS IS A CHALLENGE.

CHANGING GENERATIONS OF MOTOR VEHICLE DRIVER EXPECTATIONS AND PRACTICES WILL TAKE TIME.

PLEASE STAY THE COURSE.

FUTURE GENERATIONS WILL BENEFIT.

I KNOW I CAN DRIVE AND BIKE WITH GREATER SAFETY AND ENJOYMENT.

BECAUSE OF CARLSBAD'S EFFORTS.

CARLSBAD RESIDENTS AND VISITORS ARE EXTREMELY FORTUNATE TO HAVE YOU LEADING.

THANK YOU.

TIA? GOOD EVENING. MY NAME IS TIA PAULA ESTRADA.

I AM TEN YEARS OLD AND I LIVE ON [INAUDIBLE] I AM HERE TO TALK ABOUT WHY AND HOW PUTTING A TRAFFIC LIGHT ON [INAUDIBLE] WOULD BENEFIT ITS COMMUNITY MEMBERS, AND HOW IT WOULD KEEP US SAFE. WHEN I GET OLDER, I WANT TO GO TO SAGE CREEK HIGH SCHOOL.

THERE WAS A BUS STOP ACROSS THE STREET FROM MY HOUSE.

YOU MAY BE THINKING, WHY CAN'T YOU JUST CROSS THE STREET?

[00:05:01]

WELL, BECAUSE ONE THERE IS NO STOP SIGN OR CROSSWALK.

TWO, THE CARS DRIVE SO FAST THAT WHEN MY MOM DRIVES ME TO SCHOOL, IT TAKES SO LONG BECAUSE WE ARE WAITING FOR A GAP IN THE CARS.

BECAUSE SO MANY PEOPLE DRIVE DOWN SO FAST THAT IT MAKES ME FEEL UNSAFE DRIVING DOWN MY OWN STREET.

I BELIEVE THAT BUILDING A TRAFFIC LIGHT AND CROSSWALK AT [INAUDIBLE] WOULD SOLVE BOTH THESE PROBLEMS. THANK YOU. THERE ARE NO ADDITIONAL SPEAKERS.

THAT WAS EXCELLENT.

THANK YOU VERY MUCH FOR COMING AND SHARING THAT.

[CONSENT CALENDAR]

NEXT IS CONSENT CALENDAR ITEMS NUMBER ONE THROUGH SEVEN.

DO WE HAVE ANY SPEAKERS ON CONSENT CALENDAR ITEMS? THERE ARE NO SPEAKERS.

DO WE HAVE ANY COUNCIL MEMBERS WHO WOULD LIKE TO PULL AN ITEM? MISS BURKHOLDER, WHICH NUMBER? I'D LIKE TO PULL ITEM NUMBER THREE, PLEASE.

ANY OTHER COUNCIL MEMBERS WANT TO PULL ONE? LOOKING FOR A MOTION FOR ONE, TWO, FOUR, FIVE, SIX AND SEVEN.

SO MOVED. SECOND.

PLEASE VOTE.

PASSES UNANIMOUSLY.

MISS BURKHOLDER, NUMBER THREE.

[3. REVISIONS TO THE CARLSBAD PART-TIME, UNREPRESENTED , AND UNCLASSIFIED EMPLOYEES’ SALARY SCHEDULES, AND REVISIONS TO THE UNREPRESENTED EMPLOYEES COMPENSATION AND BENEFITS PLAN]

JUST WAIT FOR THEM TO GET.

SEATED. SO THIS ITEM IS ABOUT PART TIME SALARY SCHEDULE, UNREPRESENTED EMPLOYEE SALARY SCHEDULE, UNCLASSIFIED EMPLOYEE SALARY SCHEDULE, AND UNREPRESENTED EMPLOYEES COMPENSATION AND BENEFITS PLAN.

AUTHORIZATION OF PAY INCREASE FOR PART TIME EMPLOYEES, UNREPRESENTED EMPLOYEES, AND UNCLASSIFIED EMPLOYEES.

THAT IS A LONG TITLE.

SO MY QUESTION FOR YOU IS THIS WAS AN EXCELLENT REPORT AS FAR AS WHAT POSITIONS OR JOB TITLES ARE AFFECTED BUT I DIDN'T SEE. LIKE A TOTAL LIKE MATH.

WHAT ARE WE TALKING ABOUT WITH A 4% RAISE FOR THESE JOB TITLES? WHAT DOES THAT LOOK LIKE FINANCIALLY FOR US? THE 4% WILL.

BE ABOUT 620,000.

JUDY, IF YOU COULD PLEASE INTRODUCE YOURSELF AS WELL AS SILVANO IN YOUR TITLE.

THANK YOU SO MUCH.

JUDY VON KALINOWSKI, HUMAN RESOURCES DIRECTOR.

I'M WITH SILVANO RODRIGUEZ, DATA ANALYTICS MANAGER.

SO IF I UNDERSTOOD YOUR QUESTION CORRECTLY ABOUT HOW MUCH THE TOTAL COST WOULD BE FOR THAT LARGE TITLE.

FINANCE HAS TOLD US IT'S ABOUT 620,000, BUT I WOULD ASK THAT.

ZACH KORACH, THE FINANCE DIRECTOR OR LAURA ROCHA CONFIRMED THAT NUMBER.

WHILE WE'RE WAITING FOR ZACH, I WOULD JUST LIKE TO ADD THAT THE FUNDING FOR THIS INCREASE IS WAS IN THE BUDGET APPROVED, SO WE DO NOT NEED TO ASK FOR ANY ADDITIONAL FUNDING. GOOD EVENING.

THANK YOU FOR THE QUESTIONS. ZACH KORACH, FINANCE DIRECTOR.

THE FULL AMOUNT OF THE PERCENT INCREASE THAT'S BEING REQUESTED IS INCLUDED IN THE FISCAL YEAR 23-24 BUDGET.

SO NO ADDITIONAL APPROPRIATIONS ARE BEING REQUESTED AT THIS TIME.

AND YOU'RE CONFIRMING THAT IT WAS 620,000? CORRECT. OKAY.

AND THAT WAS GOING TO BE MY NEXT QUESTION WAS WHERE FROM? WHERE DOES THIS COME? SO IF IT'S ALREADY INCLUDED IN THE BUDGET I'M FINE WITH THAT.

THAT'S THE ONLY QUESTIONS I HAD FOR YOU ALL.

THANK YOU, THANK YOU.

ANY OTHER QUESTIONS OR COMMENTS ON ITEM NUMBER THREE? MOTION FOR THREE. PLEASE MOVE ADOPTION OF THE RESOLUTION AND AGENDA.

ITEM NUMBER THREE. SECOND.

PLEASE VOTE. PASSES UNANIMOUSLY.

ITEM NUMBER EIGHT.

[8. ADOPTION OF ORDINANCE NO. CS-462 – REVISIONS TO CARLSBAD MUNICIPAL CODE CHAPTER 2.04 - ELECTED OFFICIALS]

IT'S MY UNDERSTANDING WE NO LONGER HAVE TO READ THE ORDINANCE.

IS THAT CORRECT? MOTION, PLEASE.

FOR ITEM NUMBER EIGHT. YEP.

MOVE. ADOPTION OF THE ORDINANCE IN AGENDA ITEM NUMBER EIGHT.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY, ITEM NUMBER NINE.

[9. AGREEMENT WITH NETLY FIBER HOLDINGS, LLC., TO GRANT A LICENSE FOR THE USE OF CITY-OWNED CONDUIT IN EXCHANGE FOR FIBER-OPTIC CABLE]

CITY MANAGER, PLEASE.

YES. ITEM NUMBER NINE IS THE AGREEMENT WITH NETLY FIBER HOLDINGS LIMITED LIABILITY CORPORATION TO GRANT A LICENSE FOR THE USE OF CITY OWNED CONDUIT IN EXCHANGE FOR FIBER OPTIC CABLE MAKING.

OUR PRESENTATION WILL BE OUR INFORMATION TECHNOLOGY DIRECTOR, MARIA CALLANDER ALONG WITH OUR ASSISTANT INFORMATION TECHNOLOGY DIRECTOR, JOE STEPHENSON. TAKE IT AWAY.

GOOD EVENING COUNCIL.

MY NAME IS MARIA CALLANDER.

I'M THE IT DIRECTOR.

AND WITH ME TONIGHT IS JOE STEPHENSON, OUR ASSISTANT IT DIRECTOR.

WE ARE HERE TONIGHT TO PRESENT ITEM NUMBER NINE, WHICH IS THE NETLY FIBER HOLDINGS LICENSE AGREEMENT.

THANK YOU. MARIA, AND, THANK YOU, COUNCIL AND MAYOR, FOR THE OPPORTUNITY TO PRESENT THIS AGREEMENT BY WAY OF OVERVIEW AND THIS BRIEF PRESENTATION, WE'LL TALK

[00:10:03]

ABOUT A LITTLE BIT OF BACKGROUND FOR WHY WE'RE HERE.

DESCRIBE THE AGREEMENT AND SOME OF THE COST AVOIDANCE MEASURES THAT ARE INCLUDED, SOME OTHER CONSIDERATIONS, WE THINK, THAT ARE IMPORTANT FOR THE COUNCIL TO BE AWARE OF.

AND THEN SOME NEXT STEPS.

SO IN 2010, THE CITY COUNCIL APPROVED THE PILOT OF A TRAFFIC MANAGEMENT SYSTEM THAT ALLOWED FOR THE CENTRALIZED COORDINATION OF TRAFFIC SIGNALS THROUGHOUT THE CITY. AS PART OF THAT PROJECT, A NETWORK WAS IMPLEMENTED TO SUPPORT THAT TECHNOLOGY.

HOWEVER, THAT NETWORK WAS BASED ON THE NEEDS OF THE TECHNOLOGY AT THAT TIME, WHICH MOSTLY RELIED ON WIRELESS COMMUNICATIONS AND LEGACY COPPER CABLING. SO THINK ABOUT WHAT YOU MIGHT HAVE IN YOUR HOME.

THAT'S ALL THAT WAS NECESSARY AT THE TIME.

HOWEVER, AS TECHNOLOGY HAS IMPROVED, THAT CABLING JUST IS NO LONGER SUFFICIENT.

SO FOR SOME TIME WE'VE LOOKED AT WAYS TO MITIGATE THOSE, THOSE SHORTCOMINGS.

ALSO, THE TECHNOLOGY NEEDS NOT JUST THE FASTER COMMUNICATIONS, BUT MORE MORE COMMUNICATION OR JUST MORE DATA THAT NEEDS TO BE MOVED WITH MODERN TRAFFIC MANAGEMENT TECHNOLOGIES. ALSO IN 2019, THE CITY COUNCIL APPROVED THE CREATION OF THE CARLSBAD DIGITAL INFORMATION NETWORK, OR CDIN PHASE ONE OF THAT PROJECT WAS COMPLETED LAST YEAR, AND IT DID REMEDIATE SOME OF THE DEFICIENCIES IN THE TRAFFIC MANAGEMENT NETWORK I MENTIONED BEFORE, BUT NOT ALL OF THEM.

AGAIN, SPECIFICALLY, THAT COPPER CABLING JUST WASN'T QUITE SUFFICIENT FOR THE NEEDS OF THE GROUP.

YEAH. RECOGNIZE THE STATIC IN THE BACKGROUND? I'M HOPING THAT THEY CAN HEAR IT AT HOME.

BECAUSE IF WE'RE HEARING STATIC HERE.

I DON'T KNOW, BUT.

OKAY. THANK YOU.

SORRY. THAT'S FINE SO.

YEAH. SO WE WERE ABLE TO REMEDIATE SEVERAL THOSE DEFICIENCIES WITH THAT PROJECT.

ADDITIONALLY, IN THE ORIGINAL NETWORK IMPLEMENTATION, SOME OF THE EQUIPMENT THAT WAS PROCURED IS NOW VERY OLD, IN SOME CASES AS MUCH AS 12 YEARS OLD, SO NEEDS TO BE REPLACED.

AND THE NEWER TECHNOLOGY JUST AGAIN DOESN'T SUPPORT THAT OLD CABLING.

SO NETLY FIBER HOLDINGS IS A COMPANY THAT'S MANAGED AND OPERATED BY A COMPANY CALLED UBIQUITY MANAGEMENT, AND THAT'S PROBABLY THE NAME THAT MOST OF THE COUNCIL IS FAMILIAR WITH, THEIR BUSINESS IS TO INSTALL FIBER OPTIC CABLING IN, IN A CITY IN AN AREA TO THEN IN TURN LEASE THAT FIBER OPTIC CABLE TO INTERNET SERVICE PROVIDERS, WHO THEN IN TURN PROVIDE RESIDENTS WITH SERVICES, FOR HIGH SPEED INTERNET ACCESS.

THEY DO HAVE PLANS TO INSTALL CITYWIDE THROUGHOUT CARLSBAD, AND THEY ARE A PUBLIC UTILITY, MEANING THAT AS LONG AS THEY COMPLY WITH OUR PERMITTING AND, INSPECTION RULES, THEY OF COURSE HAVE THE RIGHT TO DEPLOY THEIR CABLING IN A RIGHT OF WAY.

SO THE NATURE OF THIS AGREEMENT IS SUCH THAT NETLY WILL UTILIZE SOME OF THE UNDERGROUND CONDUIT THAT WAS INSTALLED BEGINNING IN 2010 FOR USE OF THE TRAFFIC MANAGEMENT SYSTEM TRAFFIC MANAGEMENT SYSTEM.

THEY WILL INSTALL THEIR FIBER OPTIC CABLING IN THOSE CONDUITS, AND IN TURN, WE WILL GET ACCESS TO SOME OF THAT FIBER OPTIC CABLING FOR THE PURPOSES OF OUR TRAFFIC MANAGEMENT SYSTEM, OBVIOUSLY, THIS IS A GREAT OPPORTUNITY TO REALIZE SOME MUTUAL BENEFITS FOR THE CITY.

WE GET THAT ACCESS FOR OUR SYSTEM.

WE ALSO HAVE TO CAUSE LESS DAMAGE TO OUR STREETS, BECAUSE THEY WON'T BE HAVING TO TRENCH OR DIG IN THOSE AREAS WHERE THE CONDUIT ALREADY EXISTS.

AND OF COURSE, THEY DON'T HAVE TO PAY FOR THAT KIND OF CONSTRUCTION WORK OR DISRUPTION EITHER.

THIS AGREEMENT RIGHT NOW IS FOR ONE SPECIFIC ROAD SEGMENT, WHICH I'LL TALK ABOUT IN A SECOND, BUT IT'S STRUCTURED IN SUCH A WAY THAT OVER TIME IT CAN BE AMENDED TO ADD OTHER PARTS OF THE CITY AS NETLEY WORKS THROUGH THROUGH THE CITY.

SO THIS IS THE ROAD SEGMENT WE'RE TALKING RIGHT NOW.

SO THIS IS RANCHO SANTA FE STARTING AT SAN LEO ROAD ALL THE WAY DOWN TO 11 HAYNE, WHERE RANCHO SANTA FE TURNS SOUTH AND CONTINUES ON 11 HAYNE AND THEN IN TERMS OF COST AVOIDANCE, OBVIOUSLY THIS MEANS WE WOULDN'T HAVE TO REPLACE THAT COPPER CABLING.

THAT WOULD BE KIND OF DONE FOR US BY THE VERY NATURE OF THE FIBER OPTIC CABLING BEING PLACED.

STAFF ESTIMATE THAT OVER THE COURSE OF THIS AGREEMENT AND OVER THE COURSE OF NETLY'S INSTALLATION IN THE CITY, THAT COULD SAVE BETWEEN 3 AND $9 MILLION.

THE SPECIFIC ROAD SEGMENT ALONG RANCHO SANTA FE IS PROBABLY MORE IN THE NEIGHBORHOOD OF 60 TO $150,000, AND OF COURSE, IT SPEEDS UP THE TIME FOR US TO REALIZE THE BENEFITS OF FIBER OPTIC COMMUNICATIONS FOR OUR TRAFFIC MANAGEMENT SYSTEM, AND IT PROVIDES A QUICKER SERVICE FOR OUR RESIDENTS IN TERMS OF BEING ABLE TO LEVERAGE THAT HIGH SPEED INTERNET ACCESS THAT NETLY WILL PROVIDE AND IT'S A HUGE VALUE TO THE CITY, CONSIDERING THAT NETLY WOULD BE DOING THIS WORK REGARDLESS OF WHETHER OR NOT THIS AGREEMENT WAS IN PLACE.

SO NOW WE GET TO, EXPERIENCE A LITTLE ADDED VALUE, FROM THAT WORK.

SO SOME OTHER CONSIDERATIONS THAT WE JUST WANT TO MAKE SURE COUNCIL IS AWARE OF IT'S POSSIBLE THAT IN THE FUTURE THERE'S SOME PART OF THE CITY WHERE WE EITHER DON'T HAVE

[00:15:07]

CONDUIT OR NETLY IS NOT INTERESTED IN, YOU KNOW, INSTALLING FIBER IN THOSE AREAS THAT WE MAY STILL HAVE TO MAKE SOME SORT OF INVESTMENT IN FIBER OPTIC CABLING AT THIS TIME, WE'RE NOT REALLY AWARE OF ANY OF THOSE LOCATIONS, BUT IT'S POSSIBLE AS MENTIONED, THE CONTRACT OR THE AGREEMENT IS WRITTEN IN SUCH A WAY THAT WE CAN AMEND IT IN THE FUTURE.

AND IT'S STRUCTURED SUCH THE CITY MANAGER WOULD APPROVE THOSE AMENDMENTS ALSO, AS I MENTIONED, SOME OF THE NETWORK EQUIPMENT THAT'S IN USE IS PRETTY SIGNIFICANTLY OUT OF DATE. SO ALONG WITH THIS CABLING, WE WOULD HAVE TO UPGRADE THAT EQUIPMENT.

HOWEVER, AT LEAST FOR THE SEGMENT OF RANCHO SANTA FE, WE ALREADY HAVE THE BUDGET IN OUR STRATEGIC DIGITAL TRANSFORMATION INVESTMENT PROGRAM TO PAY FOR THOSE UPGRADES, AND ANY FUTURE UPGRADES WOULD BE BROUGHT FORWARD THROUGH THE BUDGET PROCESS IN THAT MECHANISM.

SO I RECOMMENDED ACTION TONIGHT IS TO APPROVE THE RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONDUIT AND FIBER LICENSE AGREEMENT WITH NETLEY FIBER HOLDINGS AND WITH THAT, WE'RE READY FOR QUESTIONS.

DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS.

ANY QUESTIONS FROM COUNCIL? MS. ACOSTA? GREAT.

THANK YOU FOR THE PRESENTATION.

THIS AREA GOES THROUGH MY DISTRICT 4, IN THE SOUTH EASTERN PART OF CARLSBAD.

AND I'M JUST KIND OF WONDERING IF YOU CAN SHARE WITH US WHAT KIND OF NOTICING OR INFORMATION IS GOING TO BE PUT OUT THERE TO OUR RESIDENTS ABOUT CONSTRUCTION, LIKE HOW IS THAT GOING TO BE COMMUNICATED? SO FROM MY UNDERSTANDING, THE SINCE THEY'RE NOT AS IT PERTAINS TO INSTALLING THIS FIBER, SINCE THEY'RE NOT GOING TO HAVE TO TEAR UP THE STREET, IT WOULD BE THE TYPICAL, ROADWAY SIGNS, RIGHT? MERGE HERE TO MOVE AROUND THE TRUCK, BUT I'M NOT AWARE OF ANY SPECIFIC NOTICING THAT WOULD OCCUR BEYOND WHAT WOULD NORMALLY OCCUR.

THAT MIGHT BE A QUESTION FOR CAN YOU TALK A LITTLE BIT ABOUT NETLY'S CURRENT PRACTICE? BECAUSE IT'S MY UNDERSTANDING THAT WHAT THEY'LL DO IS THEY'LL HAND BILL NEIGHBORHOODS, AND SO IS THAT THEY'RE STILL GOING TO CONTINUE, BECAUSE, AGAIN, AS THEY'RE COMING INTO, DIFFERENT NEIGHBORHOODS, THERE'S SOME TYPE OF NOTICING THAT CURRENTLY EXISTS.

OKAY, I UNDERSTAND, THANK YOU.

YES. SO THIS PARTICULAR WORK IS IN THE ON THE ONLY THE MAIN THOROUGHFARES.

WE ONLY HAVE CONDUIT ON THESE MAJOR ROAD SEGMENTS.

WHEN THEY GET INTO NEIGHBORHOODS, THEY WOULD DO WHAT THEY'RE ALREADY DOING NOTHING CHANGES IN THAT.

RIGHT. SO THIS PARTICULAR AREA HAS HOUSES RIGHT NEXT TO THIS VERY FAST PACED RANCHO SANTA FE ROAD.

IT'S JUST A SMALL WALL, SIX FOOT WALL SEPARATES THE BACKYARD OF HOUSES.

SO I JUST WANT TO MAKE THAT RECOMMENDATION THAT WE MAKE SURE THAT WE'RE INFORMING OUR RESIDENTS THAT THIS IS HAPPENING RIGHT BEHIND THEIR HOUSES, JUST WHATEVER WE CAN DO.

CITY MANAGERS, NEWSLETTER, SOCIAL MEDIA.

WE'VE GOT A GREAT COMMS DEPARTMENT.

JUST LET FOLKS KNOW BECAUSE, PEOPLE HAVE BEEN ASKING A LOT OF QUESTIONS ABOUT OTHER CONSTRUCTION THINGS, AND I JUST WANT TO MAKE SURE THAT WE'RE THROWING THIS IN THE POT AND MAKING SURE THAT WE'RE ADDRESSING OUR COMMUNITY'S NEED TO KNOW.

YEAH. THANK YOU. SURE.

ANY OTHER QUESTIONS FROM COUNCIL? ANY COMMENTS? MOTION FOR THE ADOPTION OF THE RESOLUTION, PLEASE.

SO MOVE.

SECOND, PLEASE VOTE.

PASSES UNANIMOUSLY.

ITEM TEN CITY MANAGER.

[10. REVIEW OF 2023 TGIF CONCERTS IN THE PARK AND OPTIONS FOR 2024 TGIF CONCERTS IN THE PARK]

YES. THANK YOU SO MUCH.

ITEM TEN IS THE REVIEW OF THE 2023 TGIF CONCERTS IN THE PARK AND OPTIONS FOR 2024 TGIF CONCERTS IN THE PARK, MAKING OUR PRESENTATION TODAY IS OUR LIBRARY AND CULTURAL ARTS DIRECTOR, SUZANNE SMITHSON AND OUR POLICE CHIEF, MICKEY WILLIAMS, BUT I ALSO WANT TO MAKE MENTION OF THE FACT THAT MORGAN FRYE, WHO WAS THE MANAGER MANAGEMENT ANALYST FROM THE CITY MANAGER'S OFFICE, SHE'S ALSO IN ATTENDANCE AND WHO WORKED SUBSTANTIALLY ON THIS PROJECT.

UNFORTUNATELY, I ALSO HAVE TO MENTION THAT THIS WILL BE THE LAST CITY COUNCIL MEETING FOR MORGAN'S ATTENDANCE AS SHE'S ACCEPTED A POSITION IN BEND, OREGON. MORGAN, WE'RE GOING TO MISS YOU.

THAT SAID, GO AHEAD AND TURN IT OVER TO SUZANNE AND MICKEY.

THANK YOU, CITY MANAGER.

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

I'M SUZANNE SMITHSON, LIBRARY AND CULTURE CULTURAL ARTS DIRECTOR.

AND PRESENTING WITH ME IS MY PARTNER.

I SHOULD SAY PARTNER IN CRIME, RIGHT.

POLICE CHIEF MICKEY WILLIAMS, TODAY'S PRESENTATION.

WE ARE HERE TO REPORT ON THE 2023 TGIF CONCERTS IN THEN PARKS SEASON AND TO PRESENT OPTIONS TO YOU FOR THE 24 AND 25 SEASON.

THE RECOMMENDED ACTION TO TAKE PLACE AT THE END OF THE PRESENTATION IS TO ADOPT RESOLUTIONS TO APPROPRIATE FUNDING FOR THE UPCOMING CONCERT SEASONS, AND TAKING INTO

[00:20:04]

CONSIDERATION OTHER OPTIONS AND PROVIDING DIRECTION TO STAFF.

FOR 37 SEASONS NOW, FRIENDS, FAMILIES AND NEIGHBORS HAVE COME TOGETHER EVERY SUMMER TO ENJOY CONCERTS IN OUR PARKS IT STARTED WITH A FEW CONCERTS IN MCGEE PARK WITH SEVERAL HUNDRED ATTENDEES, AND THE SIZE AND SHAPE HAS CHANGED OVER THE YEARS FROM A MORE INTIMATE SETTING TO NOW OVER 30,000 PARTICIPANTS A YEAR ATTENDING OUR CONCERTS, IN 2014 IS THE YEAR THAT WE SAW THE CHANGE FROM TGIF, JAZZ IN THE PARKS TO CONCERTS IN THE PARKS.

THE NUMBER OF CONCERTS THAT WE HAVE HAS CHANGED SINCE THE VERY BEGINNING.

SEE A LITTLE BIT OF A SLOW START THERE.

THE AVERAGE OVER THE LAST 37 SEASONS HAS BEEN IS TEN CONCERTS.

WE SINCE 1990, THE ONLY TIME WE HAVE HAD FEWER THAN NINE, FEWER THAN TEN CONCERTS.

EXCUSE ME, FEWER THAN NINE CONCERTS WAS IN 1993 AND THEN THIS PAST SUMMER.

SINCE ITS VERY FIRST CONCERT, OUR ESTIMATES SHOW THAT 1.04 MILLION RESIDENTS AND PEOPLE WHO LIVE, WORK AND PLAY IN CARLSBAD HAVE ATTENDED THESE CONCERTS.

IT IS CARLSBAD'S LARGEST COMMUNITY EVENT.

THIS LAST YEAR WE REDUCED TO SIX CONCERTS TO STAY WITHIN OUR EXISTING BUDGET.

IT WAS A YEAR THAT WE WERE ASKED TO REDUCE OUR BUDGET, AND INSTEAD THIS DEDUCT COUNT AS A REDUCTION OF OUR BUDGET.

IT WAS JUST STAYING WITHIN THE BUDGET THAT WE WERE GIVEN.

WE WOULD HAVE HAD TO ASK FOR ADDITIONAL FUNDING IF WE HAD CONTINUED THE NINE CONCERTS.

BUT EVEN WITH THAT REDUCTION OF SIX CONCERTS, IT SAW OUR HIGHEST ATTENDANCE ON RECORD.

SO THE SIX CONCERTS BROUGHT EVEN MORE ATTENDEES THAN ANY OTHER YEAR FOR THE NINE CONCERTS.

THE PART OF THIS WAS DUE TO COMING BACK FROM COVID AND THE INCREASE OF IN EXPENSES FROM 2019 TO 2022.

THE CONCERTS AVERAGED FROM AROUND 20,000 PER CONCERT TO ABOUT 30,000 PER CONCERT BETWEEN WITH THAT GAP YEAR, THE INCREASE IN EXPENSES, THE AVAILABILITY OF SUPPLIES, THE INCREASE OF LABOR ALL CONTRIBUTED TO THE INCREASE OF COST IN 2022.

WHEN WE BROUGHT BACK THE FULL SLATE OF NINE CONCERTS, WE WERE.

IT COST MORE THAN WE HAD BUDGETED, BUT WE HAD LEFTOVER FUNDS FROM 2021 TO APPLY TOWARD THAT.

THE TGIF CONCERTS ARE INTERESTING BECAUSE THEY THE SUMMER SPANS THE CUT OFF OF THE FISCAL YEARS, AND MOST OF OUR CONTRACTING HAPPENS IN THE SPRING. WE'LL START OUR CONTRACTING IN JANUARY FOR THE SUMMER 2024 SEASON, SO WE HAD SOME LEFTOVER 2021 FUNDS THAT WE COULD APPLY TO THE 2022 SERIES 2021.

WE DID OFFER A STREAMING CONCERTS.

WE CALLED IT TGIF IN YOUR BACKYARD.

WE STREAMED FOUR CONCERTS WITH SOME OF OUR MORE POPULAR BANDS FROM SEASONS PAST.

HERE IS THE SCHEDULE OF ATTENDANCE FOR OUR CONCERTS.

IN REDUCING 6 TO 6 CONCERTS FROM NINE.

WE TOOK ONE CONCERT AWAY FROM STAGECOACH, ONE AWAY FROM POINSETTIA AND ONE AWAY FROM CALAVERA.

YOU CAN SEE TRADITIONALLY, AS THE SEASON GOES ON, MORE AND MORE CONCERTS, WHETHER IT'S WORD OF MOUTH OR WANTING TO END THE SUMMER WITH A BANG, OUR CONCERT ATTENDANCE GREW THOSE LAST 2.

THE LAST TWO ARE ALL HISTORICALLY OUR LARGER ATTENDANCE CONCERTS AT ALGA NORTE PARK IN AUGUST, THAT 8000 WAS A RECORD BREAKING ONE.

IT WAS A VERY POPULAR, ABBA TRIBUTE BAND CALLED FABA THEY WERE ALSO PLAYING THE NEXT NIGHT AT, BELLY UP.

AND SO THERE WERE A LOT OF PEOPLE THAT HEARD THAT THEY WERE IN TOWN.

AND SO WE WE DID HAVE A VERY LARGE CROWD TO FIT ON A BASEBALL FIELD.

THE. KNOWING THAT TRAFFIC IS, TRANSPORTATION ISSUES ARE PROBABLY ONE OF OUR LARGEST CHALLENGES.

OVER THE LAST FEW YEARS, WE HAVE MADE SOME ADJUSTMENTS TO TRY TO ACCOMMODATE PARKING AND TRANSPORTATION, WE HAD ALMOST 2000 SHUTTLE RIDERS, AND THAT WAS AT THE FOUR CONCERTS.

WE DON'T DO SHUTTLES AT STAGECOACH PARK BECAUSE THERE ARE TWO LOCAL PLACES THAT WE HAVE AN AGREEMENT WITH FOR TO ALLOW PARKING THAT ARE WITHIN WALKING

[00:25:05]

DISTANCE. LA COSTA CANYON HIGH SCHOOL AND THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS ARE BOTH RIGHT AROUND THE CORNER AND ACROSS THE STREET FROM THIS PARK.

SO WE HAD THE SHUTTLE SERVICES.

NEW THIS YEAR WE HAD A E BIKE VALET.

REGULAR BIKES WERE ALSO ACCEPTED.

IT WASN'T JUST E-BIKES.

THE SAN DIEGO BIKE COALITION HOSTED THAT.

SO IT WAS ENCOURAGING PEOPLE TO RIDE THEIR BIKES TO THE CONCERTS.

WITH OUR SAFER STREETS THIS YEAR, ONE THING THAT WE DID IS WE ELIMINATED PARKING IN THE BIKE LANES THAT WE HAVE HAD IN YEARS, IN THE PAST.

SO THERE WERE PARKING CITATIONS ISSUED THIS YEAR, WHICH CAUSED SOME CONCERNS, ESPECIALLY FROM LONGTIME CONCERT GOERS WHO HAD ATTENDED THOSE. BUT AGAIN, WHEN YOU'RE BRINGING, YOU KNOW, 4 TO 8000 PEOPLE INTO A BASEBALL FIELD, THE CHALLENGE WITH PARKING AND TRANSPORTATION IS THE LARGEST CHALLENGE.

WE DO A TRAFFIC CONTROL PLAN, AND WE HAVE CONTRACTS WITH VENDORS TO HELP US WITH ALL OF THE, MARKINGS FOR THAT.

OUR COMMUNICATIONS DEPARTMENT DID IN THE CITY DID A NONSCIENTIFIC WAY OF GETTING COMMUNITY INPUT, WE HAD A LINK ON THE WEBSITE FOR, OVER SIX WEEKS, AND WE HAD, INTERCEPT SURVEYS INTERVIEWING PEOPLE WHO ATTENDED THE, CONCERT AT CALAVERA AND A CONCERT AT ALGA NORTE.

WE HAD MORE THAN 1600 RESPONDENTS, A LITTLE OVER HALF HAD ACTUALLY ATTENDED CONCERTS, SOME OF THOSE HAD NOT ATTENDED CONCERTS, THE OVERALL FEELINGS FROM THE CONCERTS WERE, AS YOU SEE ON THE SCREEN, THERE WAS A LOT OF GRATITUDE AND APPRECIATION FOR HAVING THE CONCERTS, COMMENTS ON THE CROWDS AND PARKING, AND THERE WERE THINGS THAT WE ASKED THEM TO RATE AS LOWER IMPORTANCE, HIGHER IMPORTANCE.

AND INTERESTINGLY, THE ONLY THING THAT RATED AS IMPORTANT WAS THE ABILITY TO BRING ALCOHOLIC BEVERAGES.

SO WE DO GET A WAIVER FOR THAT EACH YEAR TO BRING ALCOHOLIC BEVERAGES AND GLASS, TO THOSE CONCERTS, THERE WAS SUPPORT FOR CORPORATE SPONSORSHIPS, ESPECIALLY IF WE CAN HAVE A LOCAL COMPANY, POTENTIALLY DO A SPONSORSHIP.

THERE WAS NO REQUIRED, NO SUPPORT FOR FEWER CONCERTS.

THERE WERE A FEW RANDOM COMMENTS.

AND YOU HAVE THE FULL REPORT AND ALL THE COMMENTS VERBATIM IN YOUR STAFF REPORT.

THERE WERE A FEW PEOPLE THAT SAID WE DON'T NEED THESE CONCERTS, BUT MOST OF THEM WERE VERY POSITIVE IN HAVING THE CONCERTS IS A GREAT SUMMER ACTIVITY, A FUN THING TO BRING FAMILY, FRIENDS AND EVEN VISITORS FROM OUT OF TOWN TO WITH THESE GROWING CROWDS THROUGH THE YEARS, NATURALLY, SAFETY AND SECURITY CONCERNS HAVE ARISEN.

AND TO ADDRESS THOSE, I WILL TURN THE PRESENTATION OVER TO POLICE CHIEF MICKEY WILLIAMS. SO GOOD EVENING, MAYOR AND, COUNCIL.

MY NAME IS MICKEY WILLIAMS. I HAVE THE HONOR OF SERVING AS THE POLICE CHIEF.

SO IN RESPONSE TO THE INCREASING NUMBER OF TRAGIC INCIDENTS ACROSS THE UNITED STATES, OCCURRING AT PUBLIC EVENTS, INCLUDING CONCERTS, THE POLICE DEPARTMENT, ALONG WITH THE FIRE DEPARTMENT, CONDUCTED A REVIEW OF OUR POLICING AND OUR PUBLIC SAFETY STAFFING OF THESE CONCERTS.

AS A RESULT OF THAT REVIEW, SEVERAL RECOMMENDATIONS WERE MADE TO BE IN BEST PRACTICE IN BETTER ALIGNMENT WITH BEST PRACTICES FOR POLICING THESE TYPES OF EVENTS. SO I'LL GO THROUGH THOSE, RECOMMENDATIONS.

AS FAR AS ENHANCING OUR SAFETY FIRST IS TO PROVIDE A CONTROLLED EVENT LOCATION.

AND WHAT THAT MEANS IS TO PREVENT, TO PROVIDE A SECURE VENUE FOR THE CONCERT TO OCCUR, WHERE IT'S CLEAR TO ALL WHO ARE PARTICIPATING IN THE CONCERT AND WHO ARE NOT, THAT'S AN IMPORTANT, SAFETY ASPECT.

NUMBER TWO IS TO LIMIT THE ATTENDANCE BASED ON A VENUE SPECIFIC REVIEW.

SO THE POLICE DEPARTMENT, ALONG WITH THE FIRE DEPARTMENT AND LIBRARY STAFF, WILL EVALUATE EACH OF THE POTENTIAL VENUES THAT WE WILL BE HOSTING CONCERTS AT AND DETERMINE WHAT THE SAFE NUMBER OF ATTENDEES ARE.

AS YOU SAW EARLIER, YOUR AVERAGE ATTENDEE, ATTENDANCE THIS YEAR WAS ABOUT 5600 PEOPLE PER CONCERT, BUT IT FLUCTUATED FROM JUST OVER 4000 TO OVER 8000.

AND THAT DOES PROVIDE SAFETY CONCERNS.

SO WE WOULD LIKE TO PUT A LIMIT, THAT'S A SAFE LIMIT ON EACH CONCERT.

THIS COULD BE ACCOMPLISHED THROUGH EITHER A TICKET OR A RESERVATION TYPE SYSTEM.

WE ALSO WOULD LIKE THOSE THAT COME INTO THE VENUE THAT WOULD BE SECURE TO SEARCH FOR WEAPONS OR A SCREEN FOR WEAPONS, SIMILAR TO YOU WOULD HAVE IF YOU WENT TO A

[00:30:05]

POTTERY GAME OR YOU WENT TO ANY OTHER TYPE OF CONCERT.

WE ALSO WOULD LIKE TO ENHANCE OUR SECURITY PRESENCE BOTH AT THE ENTRANCE EXIT POINTS, AND ALSO INSIDE THE VENUE, AUGMENTING OUR POLICE SERVICES WITH PRIVATE SECURITY PERSONNEL.

WE WOULD LIKE TO ENHANCE OUR SITUATIONAL AWARENESS AND OUR UNIFIED COMMAND CAPABILITIES WITH RESPECT TO THE ENHANCING OUR SITUATIONAL AWARENESS.

WE INTEND TO DEPLOY ADDITIONAL OFFICERS WITH UNIQUE EQUIPMENT THAT WILL BE ABLE TO PROVIDE OUR INCIDENT COMMANDERS IN OUR COMMAND POST WITH REAL TIME SITUATIONAL INFORMATION SO THAT IF AN EVENT DOES HAPPEN, OUR INCIDENT COMMANDER WILL HAVE UP TO DATE IN THE MOMENT INFORMATION ON WHAT IS OCCURRING SO THAT THEY CAN START, ASSUMING COMMAND OF THE INCIDENT AND DIRECTING RESOURCES AS APPROPRIATE.

AND THEN THE SECOND PIECE OF THAT, THE UNIFIED COMMAND, AFTER REVIEWING, AFTER ACTION REPORTS OF OTHER TYPES OF TRAGIC INCIDENTS THAT HAVE OCCURRED AT PUBLIC VENUES, ONE OF THE SHORTCOMINGS THAT WAS IDENTIFIED IN PRIOR EVENTS, IS A LACK OF UNIFIED COMMAND BEFORE AN INCIDENT HAPPENS.

AND SO WHAT THAT MEANS IS HAVING A POLICE MANAGER, ALONG WITH A FIRE MANAGER ON SCENE IN A COMMAND POSITION BEFORE SOMETHING HAPPENS AND GOES WRONG SO THAT THEY CAN IMMEDIATELY TAKE CONTROL AND START DIRECTING RESOURCES.

AND THEN LASTLY, A REVIEW OF THE POTENTIAL VENUES WAS CONDUCTED.

AND FROM A SAFETY PERSPECTIVE, TWO VENUES ARE PREFERRED.

THOSE BEING STAGECOACH AND CALAVERA PARKS.

ANY VENUE COULD BE USED.

HOWEVER, FROM A SAFETY PERSPECTIVE, THE TWO CALAVERA AND STAGECOACH ARE PREFERRED, OTHER VENUES MAY HAVE MAYBE, FOR EXAMPLE, LESS, ATTENDANCE, NUMBERS AND THAT SORT OF THING.

SO WITH THESE ENHANCEMENTS, AS YOU WOULD EXPECT, THE COST FOR PROVIDING SAFETY AT THESE EVENTS DOES GO UP, CURRENTLY WE SPENT A PER CONCERT BETWEEN POLICE AND FIRE ABOUT $6,500 PER CONCERT.

THAT'S CURRENTLY WHAT WE DO.

THE ENHANCEMENTS THAT I MENTIONED WOULD ADD AN ADDITIONAL APPROXIMATELY 23,500 PER CONCERT, FOR THE COST OF PROVIDING SAFETY, IT SHOULD BE NOTED THAT A SUBSTANTIAL PORTION OF THAT $23,500 EXTRA IS, PROVIDING FOR THE SECURITY, THE PHYSICAL SECURITY OF THE VENUE, PRIMARILY UTILIZING FENCING, WHICH WOULD BE, RENTED, SO THERE IS A POSSIBILITY, DEPENDING ON WHAT VENUES ARE SELECTED OR IF WE LOOKED FOR ALTERNATIVE VENUES THAN PARKS.

THERE IS A POTENTIAL TO REDUCE THAT COST IF LESS FENCING WAS NEEDED, AND WE COULD UTILIZE A MORE SUITABLE, VENUE FOR A SECURE, EVENT.

SO THE TOTAL COST FOR POLICE AND FIRE SERVICES WITH THESE ENHANCEMENTS, INCORPORATING WHAT WE HAVE BEEN SPENDING ALONG WITH THE ENHANCEMENTS I MENTIONED, ARE APPROXIMATELY $30,000 PER CONCERT.

AND I'LL NOW TURN IT OVER TO DIRECTOR SMITHSON.

THANK YOU CHIEF. NOW I'M GOING TO TALK A LITTLE BIT ABOUT FUNDING.

THE CARLSBAD FRIENDS OF THE ARTS IS A PRIMARY SUPPORT GROUP.

BOOTS ON THE GROUND GROUP THAT RAISES FUNDS FOR THESE CONCERTS AS WELL AS OTHER CULTURAL ARTS ACTIVITIES.

THEIR MISSION IS JUST TO SUPPORT THE PROGRAMS OF THE CULTURAL ARTS OFFICE.

THEY ARE A 500 AND 1C3 WITH THEIR OWN DIRECTOR, THEIR OWN BOARD, REGULAR MEETINGS.

THEIR ANNUAL DONATIONS HAVE RANGED FROM 25,000 TO 44,000 IN THE YEARS SINCE 1997 1987, WHEN THEY WERE CREATED SHORTLY AFTER THE CULTURAL ARTS OFFICE WAS CREATED IN THE CITY OF CARLSBAD IN 1986, THEIR DONATION FOR 2023, WHICH YOU ACCEPTED IN JULY, WAS FOR $30,000, THAT WAS EARNED AT THE CONCERTS.

SO THEY SELL BOTH ADS IN A CITY PRODUCED, PRINTED PROGRAM THAT'S DISTRIBUTED AT THE CONCERTS.

THIS LAST YEAR, THEY RAISED 6000 FOR IN ADS, THE PRINTER PAYS FOR THE COST OF THE PRINTING AS AN IN-KIND DONATION.

WE DON'T PAY FOR THE PRINTING OF THOSE PROGRAMS, THEN DURING THE CONCERTS, BEFORE THE CONCERTS, IN THE FIRST HALF, THEY HAVE OPPORTUNITY DRAWINGS IN WHICH, THE ATTENDEES CAN PURCHASE TICKETS.

AND THE LOCAL BUSINESSES HAVE DONATED PRODUCTS THAT THEY THEN SELECT NUMBERS, USUALLY ABOUT 5 OR 6 PER CONCERT

[00:35:02]

AT THE INTERMISSION.

DURING THE HALFWAY THROUGH THE CONCERT, THEY RAISED 24,000 THIS LAST SUMMER IN SELLING THOSE OPPORTUNITY DRAWING TICKETS.

SO WHATEVER WE DO, AS FAR AS ANY CORPORATE SPONSORSHIPS, WE WOULD LIKE TO NOT HAVE IT DIMINISH OR IMPACT THE FRIENDS OF THE ARTS ABILITY TO RAISE FUNDS.

SO THE TOTAL COST FOR OUR SIX CONCERTS WAS A LITTLE OVER $214,065 TO BE EXACT, OR A LITTLE OVER $35,000 PER CONCERT, WHICH IS 15% HIGHER THAN IT WAS BUDGETED.

SO EVEN THOUGH WE REDUCED TO STAY WITHIN OUR BUDGET, THE COSTS STILL ESCALATED, SO WE STILL ANTICIPATE ANOTHER 10 TO 15% COST INCREASE FOR THIS COMING SUMMER TO ABOUT $40,000 PER CONCERT.

RIGHT NOW THAT IS OUT OF THE GENERAL FUND SUPPORT AND IT IN PLUS THE ADDITIONAL DONATION FROM THE FRIENDS OF THE ARTS.

SO IF WE MOVE FORWARD WITH NINE CONCERTS FOR 2024, THE TOTAL WOULD BE ABOUT $362,250.

IF WE ADD THE SAFETY MEASURES THAT ARE PROPOSED, IT WOULD BE ANOTHER COST.

SO THE COST FOR NINE CONCERTS, THE TOTAL COST WOULD BE $573,750.

AND THE DEPARTMENT'S BUDGET FOR THE CONCERTS FOR THIS YEAR REMAINS AT ABOUT $200,000.

SO THAT IS THE REASON FOR IN THE RESOLUTION.

WE ARE ASKING FOR ADDITIONAL FUNDS.

WE HAVE COUNCIL POLICY 79.

I'VE MENTIONED A FEW THINGS ABOUT SPONSORSHIP.

THIS WAS ENACTED ALMOST TEN YEARS AGO, OR APPROVED BY COUNCIL TO HAVE CORPORATE MARKETING SPONSORSHIPS AND PARTNERSHIPS. IT REQUIRES ISSUING A REQUEST FOR PROPOSALS, THE CITY HAS ACTUALLY NEVER, USED THIS COUNCIL POLICY TO HAVE A MARKETING PARTNERSHIP.

SO IT WOULD, TAKE A LITTLE BIT OF EFFORT TO SEE WHAT THE APPETITE IS FROM OUR LOCAL BUSINESSES AND AGAIN, FROM THAT COMMUNITY INPUT REPORT.

THE COMMUNITY FEELS LIKE A LOCAL COMPANIES AND LOCAL BUSINESSES WOULD BE APPROPRIATE SPONSORS FOR THIS CONCERT.

BECAUSE THE CONCERTS WILL BEGIN IN SIX MONTHS AND, THE ADVERTISING FOR IT BEGINS IN ABOUT THREE MONTHS.

WE DON'T ANTICIPATE THE ABILITY TO HAVE A SPONSORSHIP PROGRAM READY FOR SUMMER OF 2024 FULL IMPLEMENTATION WOULD BE SUMMER OF 2025. SO NOW WE HAVE TWO PAGES, TWO SLIDES OF RECOMMENDED ACTION HERE FOR YOU TONIGHT.

TO RECEIVE THE REPORT, ADOPT TWO RESOLUTIONS APPROPRIATING MONEY IN THIS FISCAL YEAR FOR, TO THE LIBRARY AND CULTURAL ARTS DEPARTMENT TO FOR THE ADDITIONAL FUNDS FOR NINE CONCERTS AND APPROPRIATE MONEY IN THE POLICE DEPARTMENT'S CURRENT BUDGET FOR ENHANCED SAFETY MEASURES FOR NINE CONCERTS IN 2024, FOR 2024, WE ONLY ANTICIPATE $50,000, ABOVE WHAT THE POLICE DEPARTMENT'S CURRENT BUDGET IS.

AND THEN IN AS WE ARE BEGINNING TO PREPARE OUR 2425 OPERATING BUDGET, DIRECT THE CITY MANAGER TO INCLUDE FUNDING TO HOST AND PROVIDE ENHANCED SAFETY MEASURES AT NINE CONCERTS GOING FORWARD, AND ALSO TO DIRECT THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSAL FOR CORPORATE SPONSORSHIPS CONSISTENT WITH COUNCIL POLICY 79, AND AS WELL AS PROVIDING FEEDBACK AND DIRECTION, ESPECIALLY ON CONCERT LOCATIONS AND NUMBER OF CONCERTS.

THAT CONCLUDES OUR PRESENTATION.

THANK YOU. DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS.

QUESTIONS FROM COUNCIL.

NO QUESTIONS.

COMMENTS. WELL, I'VE GOT A QUESTION.

LET ME LET ME START WITH THIS, IT SAID THAT YOU NEED AN INCREASE OF 50,000 FOR THE POLICE BUDGET, BUT I THOUGHT IT WAS 20 PLUS THOUSAND PER CONCERT. EXPLAIN.

SO I CAN EXPLAIN THAT, SO THE 50,000 WOULD BE TO GET US THROUGH THE FISCAL YEAR 23-24 BUDGET IF WE WOULD ANTICIPATE HAVING TWO CONCERTS,

[00:40:10]

WITH THESE ENHANCED SECURITY MEASURES, THE TOTAL COST OF THOSE WOULD BE APPROXIMATELY 30,000 EACH.

WE ALREADY WERE FACTORING THE 6000 APPROXIMATELY.

SO WE'RE ASKING FOR 25,000 EXTRA FOR EACH OF THOSE TWO CONCERTS.

AND THEN FOR THE REMAINING SEVEN, WE WOULD HAVE A REQUEST IN OUR NEXT FISCAL YEAR BUDGET FOR THOSE.

OKAY. WHERE WOULD.

WHERE DOES THIS MONEY COME FROM? I KNOW IT'D BE GENERAL FUND, BUT WE'RE CUTTING THINGS A LITTLE BIT TIGHT.

COULD YOU GIVE ME AN EXPLANATION OF WHERE THAT MONEY IS GOING TO COME FROM? AND I'M ALSO CURIOUS IF WE GOT SPONSORS, HOW MUCH DO WE EXPECT TO GET FROM SPONSORS? SO FIRST, THE, FUNDS THAT WE'RE TALKING ABOUT RIGHT NOW, THOSE WOULD BE, EFFECTIVELY GENERAL FUND DOLLARS.

SO, THE ADDITIONAL FUNDS THAT WE'RE TALKING ABOUT AS FAR AS SECURING UNDER THE EXISTINGCOUNCIL POLICY COUNCIL POLICY 79, JUST AS A CORRECTION, IT ACTUALLY, WE DID ISSUE AN RFP OR A REQUEST FOR PROPOSALS UNDER COUNCIL POLICY 79.

AND, UNFORTUNATELY, THE ONLY RESPONDENT THAT WE ENDED UP RECEIVING FROM IT, HAD INDICATED THAT, EFFECTIVELY, THEY WANT A FEE FOR THE SERVICE TO BE ABLE TO PROVIDE OR TRY AND SECURE THOSE ADDITIONAL LAW, CONTRIBUTIONS.

AND I THINK THEY WERE ASKING FOR ABOUT 100,000 A YEAR TO BE ABLE TO KIND OF RUN THE CORPORATE SPONSORSHIP PROGRAM AS A RESULT OF THAT, LACK OF SUCCESS WHEN THE PROGRAM INITIALLY WAS STOOD UP THAT'S THE REASON WHY IT HASN'T BEEN USED SINCE.

SO. OKAY AND YOU, YOU RECOMMENDED TWO PARKS, STAGECOACH AND CALAVERA, BUT THEY'RE KIND OF ON THE FAR EAST SIDE OF THE CITY.

IS THERE ANOTHER OPTION TO MAKE IT A LITTLE BIT MORE OF A TRIANGLE? SO THERE'S SOMETHING MORE ON THE WEST SIDE, LIKE POINSETTIA PARK? YES, SIR. SO IF WE WOULD LIKE TO HAVE THREE VENUES, THE THIRD PREFERENCE WOULD BE ALGA NORTE PARK.

ONE OF THE CONCERNS? I HEAR IS THAT WE HAVE SO MANY PEOPLE IN A SMALL AREA AND PARKING ISSUES, IS IT REASONABLE TO HAVE LIKE AN RSVP TYPE OF PROGRAM WHERE WE JUST DON'T HAVE RANDOM PEOPLE SHOWING UP AND WE DON'T KNOW IF THERE'S GOING TO BE 1000 OR 10,000 SHOW UP WHERE THERE'S SOME TYPE OF AN RSVP. AND THAT ONE.

IS IT REASONABLE TO GIVE PREFERENCE TO CARLSBAD RESIDENTS FIRST, AND THEN IF THERE'S ROOM AFTERWARDS, THEN OUT OF OUT OF THE CITY RESIDENTS? YES, WE HAVE LOOKED AT RESERVATION TYPE SYSTEMS. WE HAVE A CURRENT SYSTEM WITHIN THE CITY, CIVIC REC.

IF YOU'VE TAKEN A CLASS AT, THE SENIOR CENTER, YOU'VE USED CIVIC REC TO MAKE A RESERVATION.

OR YOU PUT YOUR KIDS IN SPRING CAMPS.

YOU'VE USED CIVIC REC.

IT'S A LITTLE BIT DIFFICULT FOR A FIRST TIME USER TO USE IT BUT THERE IS A WAY OF A PERSON YOU REGISTER, THEY SET UP AN ACCOUNT IN THE PROGRAM, AND THEN THEY COULD SAY, WE WANT SIX TICKETS TO THIS CONCERT FREE, NO CHARGE.

IT DOESN'T HAVE TO BE ANY CHARGE, BUT WE COULD USE THAT SYSTEM.

THERE ARE OTHER SYSTEMS THAT WE COULD DO A TICKETING, TYPE SYSTEM THAT'S A LITTLE MORE USER FRIENDLY THAN CIVIC REC IS.

BUT, YES, THERE ARE WAYS THAT WE CAN DO A RESERVATION SYSTEM.

WHAT WOULD BE SOME OF THE UNINTENDED CONSEQUENCES OF GIVING PRIORITY TO CARLSBAD RESIDENTS? AND THEIR GUESTS.

YOU KNOW, UNINTENDED CONSEQUENCES.

I CAN'T THINK OF ANY IT'S IT WOULD JUST BE CUMBERSOME TO OPEN THE TICKETING SYSTEM UP FOR A PERIOD FOR A LIMITED GROUP AND THEN OPEN UP FOR A SECOND PERIOD FOR OTHERS, WE COULD FIND A WAY TO MAKE IT WORK.

THAT WOULD BE EASIER IN CIVIC REC TO DO, BECAUSE IT DOES REQUIRE ADDITIONAL INFORMATION AND REGISTRATION, THE PART THAT WOULD BE REALLY A COMMUNICATIONS CHALLENGE IS LETTING PEOPLE KNOW THAT THEY HAVE TO DO THAT AFTER 37 SEASONS OF OF JUST SHOWING UP, YOU KNOW, SOME OF THE FUN OF IT IS JUST SHOWING UP TO A CONCERT, DECIDING LAST MINUTE.

HEY, LET'S GO.

SO, IT WOULD TAKE AWAY THAT SPONTANEITY, BUT IT DOESN'T MEAN WE CAN'T DO IT AT ALL ONE THING THAT WE'VE BEEN CONSIDERING AS WE'VE BEEN PONDERING THIS IS THE IDEA OF HAVING X NUMBER OF RESERVATIONS AND THEN TAKING A CERTAIN, SAY, A THOUSAND ON SITE RESERVATIONS YOU KNOW, WHERE IF 3000 PEOPLE, FOR EXAMPLE, WERE

[00:45:08]

ABLE TO MAKE RESERVATIONS AHEAD OF TIME, SETTING ASIDE A CERTAIN NUMBER OF JUST WALK UPS AND YOU, YOU KNOW, TAKE YOUR CHANCES? THE OTHER THING WE CAN DO IS NOT DO A TICKETING SYSTEM AND DO LIKE A FIRST COME, FIRST SERVE.

BOTH WITH THE TICKETING SYSTEM, WITH, ADDITIONAL SECURITY AND A WEAPONS CHECK.

ALL OF THOSE THINGS WILL TAKE MORE TIME.

SO WE WOULD ANTICIPATE, SAY, OPENING THE GATES AT 3, INSTEAD OF CURRENTLY OPENING THE GATES AT 4 TO ALLOW FOR ALL OF THAT PROCESSING TIME.

IF WE DID A FIRST COME, FIRST SERVE TYPE SETUP, WE WOULD PROBABLY HAVE, IT OPEN A LITTLE BIT LATER.

RIGHT NOW, AS IT IS, WE HAVE LINES LINED UP AT 4, TO RUSH THE FIELD, BUT IT TAKES A WHILE TO TURN A BASEBALL FIELD INTO A CONCERT VENUE, SO WE NEED AS MUCH TIME AS WE CAN ON THE STAFF TO TO SET THAT UP, SET UP THE STAGE AND THE DANCE FLOOR AND THINGS.

SO THERE ARE A LOT OF OPTIONS THAT WE CAN GO TO.

BUT NOTHING THAT WE CAN'T, NOTHING THAT WOULD BE IMPOSSIBLE.

AS FAR AS RESERVATIONS, CARLSBAD RESIDENTS FIRST OR FIRST COME, FIRST SERVE, WE CAN MANAGE ALL OF THOSE.

DO YOU HAVE AN ESTIMATE OR A GUESSTIMATE ON THE MIX OF CARLSBAD RESIDENTS VERSUS NON RESIDENTS? FROM THE COMMUNITY INPUT SURVEY THAT WAS TAKEN.

IT WAS ABOUT A FIFTH.

IF YOU LOOK AT THE PIE CHART IN THE SURVEY RESULTS, THE FOUR ZIP CODES WERE ABOUT EQUALLY REPRESENTED WITH A FIFTH PART OF THE PIE, BEING THE NON CARLSBAD RESIDENTS.

THAT WAS THOSE WERE JUST THE ONES THAT TOOK THE SURVEY.

IT DOESN'T NECESSARILY MEAN THAT'S THE ATTENDEES AT THE CONCERTS.

THANK YOU. QUESTIONS FROM COUNCIL.

MISS BURKHOLDER I'M SORRY, MAYOR, I JUST I HAVE QUESTIONS WRITTEN HERE AND I JUST DIDN'T RAISE MY HAND.

SO THANK YOU FOR THAT.

I HAVE JUST THREE QUICK QUESTIONS AND THEN COMMENT WHEN YOU WERE SPEAKING, CHIEF WILLIAMS, ABOUT THE FENCING, WAS THERE, ANY POTENTIAL FOR PURCHASING FENCING SO THAT WE DIDN'T HAVE TO GO RENT IT EVERY TIME? AND WAS THERE LIKE A COST ANALYSIS ON THAT? WE RECEIVED OUR QUOTE BASED ON AN ASSUMPTION OF A RENTAL, IT WOULD BE POSSIBLE FOR US TO EVALUATE THE POTENTIAL FOR PURCHASING.

HOWEVER, ALONG WITH PURCHASING, THEN COMES STORAGE ISSUES AND THOSE TYPE OF THINGS, AND ALSO THE RESPONSIBILITY TO DEPLOY AND THEN RECOLLECT, SO THAT'S A MUCH MORE COMPLICATED ANALYSIS, THAN OBTAINING OUR QUOTE FOR FENCING, AT THIS POINT.

OKAY. THANK YOU FOR THAT.

BUT YOU SOUND LIKE YOU'RE OPEN TO IT TO.

I WOULD BE OPEN TO RESEARCHING THE POTENTIAL FOR A PURCHASING OF FENCING.

I DO THINK THAT BASED ON THE STORAGE CHALLENGES WE'VE HAD WITH BARRICADES THAT WE'VE ALREADY PURCHASED FOR EVENTS LIKE OUR SPRING AND FALL FAIR, STORAGE IS GOING TO BE A MAJOR ISSUE.

GOT IT AND THEN CONTINUING ON WITH, THANK YOU.

WILL THERE BE ANY OUTREACH, TO RESIDENTS FOR FEEDBACK ABOUT THE ENHANCED SECURITY MEASURES THAT YOU WANT TO DEPLOY IN THE COMING SEASONS? WE COULD ABSOLUTELY, OBTAIN FEEDBACK AS FAR AS HOW THE EXPERIENCE WAS, WITH THE ENHANCED SECURITY.

HOWEVER, I REALLY AM ATTEMPTING TO KEEP US, ANCHORED IN BEST PRACTICES OF POLICING AND THESE EVENTS.

I UNDERSTAND IT IS A BIT OF AN INCONVENIENCE TO HAVE TO GET A RESERVATION OR TO HAVE TO GO THROUGH A SCREENING THAT YOU OTHERWISE HADN'T GONE THROUGH, BUT IT REALLY IS IN MY PROFESSIONAL OPINION, THE MOST RESPONSIBLE WAY FOR US TO PROVIDE THESE EVENTS.

SURE. I DON'T THINK I ASKED THE QUESTION CORRECTLY.

I WAS TALKING ABOUT BEFORE THE MEASURES ARE IN PLACE, HOW ARE WE GOING TO REACH THE RESIDENTS TO LET THEM KNOW THINGS HAVE CHANGED? OH, I UNDERSTAND, I'M SORRY.

SO IT'S GOING TO BE A MAJOR COMMUNICATION CHALLENGE, AND SOMETHING THAT WE ARE GOING TO WORK WITH OUR COMMUNICATIONS TEAM AT THE CITY, THE POLICE, COMMUNICATIONS, FIRE, COMMUNICATIONS, LIBRARY COMMUNICATIONS.

BECAUSE WE DO NEED TO INFORM, PEOPLE THAT, THE MAYBE THE RULES HAVE CHANGED AT THESE CONCERTS, FOR THE NEXT SEASON.

THAT'S GOING TO BE A VERY IMPORTANT PART OF THIS WE DON'T WANT TO HAVE ANY FRICTION AT THE CONCERTS.

WE WANT PEOPLE TO SHOW UP UNDERSTANDING WHAT THE RULES ARE, UNDERSTANDING WHY THE RULES CHANGED AND THAT SORT OF THING, SO THAT WE DON'T HAVE AVOIDABLE FRICTION AT THE EVENTS THEMSELVES. THANK YOU.

AND MY LAST QUESTION IS DIRECTED TO YOU, MISS MILLS, ON SLIDE 13, WE WERE TALKING ABOUT THE CULTURAL FRIENDS OF THE ARTS, AND I JUST WONDERED HOW THAT

[00:50:04]

AMOUNT. I THINK IT WAS AROUND $30,000, HOW THAT COMPARED TO PREVIOUS YEARS DONATIONS I DON'T HAVE THE EXACT PREVIOUS YEARS RIGHT IN FRONT OF ME, BUT IT'S VARIED BETWEEN ABOUT 25,000 AND 44,000 PER YEAR.

I KNOW THEY WERE A LITTLE SLOW TO COME BACK AFTER THE PANDEMIC.

AND I DON'T KNOW WHY I CALLED YOU MISS MILLS.

SORRY. MY COLLEAGUE.

JUST LET ME KNOW, MISS SMITHSON.

THAT WAS DUMB.

WELL, THANK YOU FOR THAT.

I APPRECIATE THAT THEY WE DO APPRECIATE THE FRIENDS OF THE ARTS SO MUCH.

I'M A LITTLE BIT JEALOUS THAT DISTRICT ONE DOESN'T HAVE A VENUE FOR A CONCERT, BUT I DO APPRECIATE THE CHIEF'S NOTICE TO SAFETY.

AND I DO HAVE JUST COMMENTS.

AND THAT'S IT. ANY OTHER QUESTIONS? MS. ACOSTA. JUST ONE.

I KNOW THAT WE'VE LAID OUT THIS PRESENTATION.

WE'VE INCLUDED ALL THIS ADDITIONAL FEEDBACK HERE.

AND I JUST WOULD LIKE TO HEAR FROM THE CHIEF ONE MORE TIME.

LIKE, DO WE HAVE TO DO THIS IS SOMETHING WE HAVE TO DO, RIGHT? BECAUSE I'M HEARING YOU SAY MY PROFESSIONAL OPINION, IT'S THE RESPONSIBLE THING TO DO.

BUT I THINK IT'S LIKE EVEN STRONGER THAN THAT FROM WHAT I HAD HEARD BEFORE.

SO I JUST WANT IT TO BE VERY CLEAR THAT THIS IS SOMETHING WE NEED TO DO TO PROTECT OUR CITIZENS.

THAT'S WHAT YOU'RE TELLING US.

I UNDERSTAND YOUR QUESTION, SO THERE ISN'T A STATUTE OR A LAW THAT REQUIRES US TO DO IT.

HOWEVER, I FIRMLY BELIEVE THAT.

IF WE'RE GOING, IF WE DESIRE AS A COMMUNITY TO HOST CONCERTS THAT DRAW THOUSANDS OF PEOPLE BASED ON WHAT WE LEARN FROM ACROSS THE COUNTRY WITH THESE INCIDENTS, THE NUMBER OF ACTIVE SHOOTER TYPE SITUATIONS HAVE INCREASED DRAMATICALLY OVER THE LAST FIVE YEARS IN THE UNITED STATES.

THESE ARE, EVENTS THAT WE SHOULD PLAN FOR.

AND I THINK TO THE CITY'S CREDIT, WE HAVE SUBSTANTIALLY INVESTED IN BEING PREPARED AS A CITY FOR THESE TYPE OF SITUATIONS.

OUR POLICE DEPARTMENT IS VERY WELL OUTFITTED AND EQUIPPED TO BE ABLE TO RESPOND TO THESE SITUATIONS QUICKLY.

AND WHAT WE'RE TRYING TO DO HERE WITH THE WITH RESPECT TO THESE CONCERTS IS MAKE SURE THAT OUR PEOPLE AND OUR EQUIPMENT THAT WE HAVE ARE PEOPLE THAT ARE TRAINED AND OUR EQUIPMENT THAT WE'VE ALREADY, OBTAINED ARE IN THE PROPER POSITION TO BEST BE UTILIZED.

IF UNFORTUNATELY, ONE OF THESE SITUATIONS WERE TO HAPPEN.

SO, IT WOULD BE IT'S MY STRONG RECOMMENDATION THAT, WE ENHANCE OUR SECURITY IN THE WAYS THAT WE'RE DISCUSSED.

THANK YOU. CLOSING COMMENTS.

MISS LUNA? CHIEF WILLIAMS, I'D LIKE TO COMMEND YOU ON COMING FORWARD BEFORE THIS COUNCIL AND REQUESTING THIS.

I DON'T THINK A LOT OF OTHER CHIEFS AND A LOT OF OTHER JURISDICTIONS WOULD DO THAT.

AND I THANK YOU FOR THINKING OF OUR CITY AND BEING PROACTIVE AND BY STRENGTHENING THE SAFETY OF THESE CONCERTS THAT WE VALUE. MS. BURKHOLDER? YEAH.

WHEN MISS SMITHSON SAID REFERENCE TO SPONTANEITY, I COULD THINK THAT CHIEF'S HEAD WOULD EXPLODE ON IT, BECAUSE THAT'S NOT WHAT WE LIKE, RIGHT? WE DON'T LIKE THE SPONTANEITY IF WE'RE TRYING TO KEEP PEOPLE SAFE.

BUT SPEAKING OF THAT, WITH THESE TYPE CHANGES, I THINK YOU'RE VERY WELL AWARE, CHIEF, THAT THE BALANCED APPROACH NEEDS TO BE WHAT PEOPLE SEE IN CARLSBAD TO, YOU KNOW, SO THERE'S NOT AS MUCH RESISTANCE AS YOU MAY ANTICIPATE FOR CHANGING SOMETHING THAT HAS BEEN INSTITUTIONALIZED FOR 37 YEARS HERE IN CARLSBAD.

AND I'M SUPER EXCITED THAT THERE'S GOING TO BE NINE CONCERTS BACK ON THE DOCKET.

AND HOPEFULLY I'LL GET TO PARTICIPATE AT ONE OF THOSE THIS SUMMER.

IT WAS SUPER FUN.

AND SO THANK YOU FOR THE HARD WORK THAT YOU'VE DONE.

I THINK WHAT YOU'RE PROPOSING IS REASONABLE AND WILL DEFINITELY ENHANCE THE SECURITY MEASURES AT OUR CONCERTS.

THANK YOU. MISS ACOSTA? THANK YOU. THANKS AGAIN FOR THIS GREAT PRESENTATION.

WE ALL KNOW THAT TGIF CONCERTS IN THE PARK ARE SOME OF OUR MOST POPULAR EVENTS PEOPLE THINK OF CONCERTS WHEN THEY THINK OF CARLSBAD IN OUR REGION.

AND I JUST WANT TO EXPRESS MY GRATITUDE FOR CONSIDERING ALL OF THE ELEMENTS.

YOU KNOW, IT IS ABOUT PROVIDING A SAFE ENVIRONMENT FOR US TO HAVE FUN AND FOR US TO HAVE OUR FAMILIES, HAVE SOME GOOD, CLEAN FUN, BUT CERTAINLY IN THE FEEDBACK WE'VE HEARD ABOUT WANTING TO STILL BE ABLE TO BRING ALCOHOL AND STILL BE ABLE TO, YOU KNOW, HAVE A FREE EVENT.

SO WE JUST NEED TO FIND THAT RIGHT BALANCE.

AND I THINK WE'RE LISTENING TO EVERYONE.

AND I'M ALSO VERY EXCITED THAT WE'RE GOING TO HAVE A FULL SCHEDULE.

I HOPE EVERYTHING THAT WE'RE ABLE TO DO, ALL THESE THINGS THAT WE'RE ENVISIONING, I KNOW WE CAN DO IT AND I'M REALLY EXCITED ABOUT THIS.

SO THANKS. MISS BHAT-PATEL? YES. THANK YOU AND THANKS FOR THE PRESENTATION.

AND I KNOW THAT WE'VE HEARD LOUD AND CLEAR FROM THE COMMUNITY THAT THIS IS SOMETHING THAT EVERYONE TRULY ENJOYS.

[00:55:01]

I KNOW I HAVE BEEN GOING TO THESE SINCE I WAS A KID, SO IT'S, YOU KNOW, GREAT TO BE A PART OF THE COMMUNITY AND OBVIOUSLY SEE EVERYONE OUT THERE ENJOYING, WHAT OUR COMMUNITY HAS TO OFFER IN TERMS OF THE SAFETY MEASURES, SUPPORTIVE OF THOSE? I THINK REALLY IT'S A PROACTIVE WAY FOR US TO MOVE FORWARD.

SO LOOKING FORWARD TO SUPPORTING THAT.

IN TERMS OF THE NINE CONCERTS, SUPPORTIVE OF THAT AS WELL, KEEPING IN MIND THAT DOES MEAN AS WE MOVE FORWARD, WE HAVE TO BE MINDFUL OF COST, AND THAT DOES MEAN THAT WE'D BE SHIFTING PRIORITIES AWAY FROM OTHER THINGS AS WELL, AND THEN OTHER THAN THAT, JUST REALLY LOOKING FORWARD TO THIS MOVING FORWARD AND THE CORPORATE SPONSORSHIP PART OF IT.

INTERESTED TO SEE WHAT COMES OF THAT AS WELL.

THANKS. I THINK THIS IS ONE OF THE MANY STRENGTHS OF OUR CURRENT POLICE CHIEF.

I THINK THAT TOO MANY CITIES THROUGHOUT THE NATION RELY ON LUCK AS THEIR STRATEGY, AND WHEN THE CONCERT'S OVER, THEY ALL HIGH FIVE AND SAY, THANK GOD WE GOT THROUGH ANOTHER ONE WITHOUT AN INCIDENT, THANK YOU FOR BEING PROACTIVE ON THIS AND YOUR WHOLE STAFF AND THE FIRE CHIEF, I WROTE A LITTLE NOTE THAT SAYS I SURELY DON'T WANT CARLSBAD TO BE THE CITY.

OTHER CITIES LEARN FROM OUR MISTAKES.

I WANT THEM TO LEARN FROM OUR SUCCESSES, AND IT'S SOMETHING THAT WE'RE IT'S NEW.

SO AS WE DO THIS WEEK AFTER WEEK, WE CAN ADJUST IT.

AND MAYBE IT'LL NEED EVEN MORE ADJUSTMENT FOR THE FOLLOWING YEAR.

BUT I THINK IT'S A GREAT IDEA.

I THINK IT'S WORTH EVERY PENNY.

IT'S THE ABSOLUTE SINGLE MOST POPULAR EVENT IN OUR CITY.

I WAS SURPRISED HOW MANY STRANGERS OR STRANGERS TO ME, PEOPLE I DIDN'T KNOW CAME TO ME AND SAID THEY KNEW EXACTLY HOW MANY CONCERTS WE HAD AND HOW MANY WE ELIMINATED FROM PRIOR PRIOR YEARS THAT SURPRISED ME.

THAT WAS A CLEAR SIGNAL THAT THIS IS A VERY POPULAR IN OUR COMMUNITY.

SO WITH THAT SAID, I'M LOOKING FOR THE MOTION FOR THE ADOPTION ON FOR NUMBER TWO, ADOPTION FOR NUMBER THREE, THE DIRECTION OF THE CITY MANAGER FOR NUMBER FOUR, IN DIRECTION OF THE CITY MANAGER FOR NUMBER FIVE.

SO MOVED.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

THANK YOU. NEXT IS THE LEGISLATIVE PLATFORM.

[11. 2024 LEGISLATIVE PLATFORM AND LEGISLATIVE PROGRAM UPDATE]

ITEM NUMBER 11, CITY MANAGER.

YEP NUMBER 11 IS THE 2024 LEGISLATIVE PROGRAM AND LEGISLATIVE PROGRAM UPDATE.

MAKING OUR PRESENTATION TODAY IS OUR INTERGOVERNMENTAL AFFAIRS DIRECTOR, JASON HABER.

JASON. THANK YOU, MR. CHADWICK. GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS.

I'M JASON HABER, INTERGOVERNMENTAL AFFAIRS DIRECTOR FOR THE CITY, THIS ITEM PRESENTS AN ANNUAL UPDATE ON THE CITY'S INTERGOVERNMENTAL AFFAIRS PROGRAM AND THE PROPOSED CHANGES TO THE CITY'S LEGISLATIVE PLATFORM.

THE RECOMMENDED ACTION IS TO ADOPT A RESOLUTION APPROVING THE CITY OF CARLSBAD 2024 LEGISLATIVE PLATFORM.

DIRECT STAFF BY MOTION TO ADVOCATE FOR FIVE CITY SPONSORED LEGISLATIVE PROPOSALS AND FUNDING FOR A VARIETY OF CITY CAPITAL IMPROVEMENT PROJECTS, AND TO RECEIVE REPORTS ON STATE AND FEDERAL LEGISLATIVE AND BUDGET ACTIVITY AND PROVIDE FEEDBACK.

TO PROVIDE A BRIEF OVERVIEW OF THE CITY'S INTERGOVERNMENTAL AFFAIRS PROGRAM.

CITY COUNCIL POLICY 39 PROVIDES THE FRAMEWORK FOR THE CITY'S INTERGOVERNMENTAL AFFAIRS PROGRAM, AND WHEN IT WAS UPDATED IN 2019, IT WAS AMENDED TO LAY OUT THE ROLES AND DUTIES OF THE CITY COUNCIL LEGISLATIVE SUBCOMMITTEE, WHICH WAS ESTABLISHED BY CITY COUNCIL RESOLUTION THAT SAME YEAR.

IN ADDITION TO PROVIDING THAT THE CITY ADOPT A LEGISLATIVE PLATFORM WHICH LAYS OUT THE CITY'S POSITIONS ON, INTERGOVERNMENTAL MATTERS AFFECTING THE CITY, THE POLICY TASKS THE SUBCOMMITTEE WITH CONDUCTING AN ANNUAL REVIEW OF THE PLATFORM AND RECOMMENDING CHANGES TO THE CITY COUNCIL AS NEEDED FOR APPROVAL.

THE CITY MAINTAINS MEMBERSHIP IN TWO PROFESSIONAL ASSOCIATIONS, INCLUDING THE LEAGUE OF CALIFORNIA CITIES AND NATIONAL LEAGUE OF CITIES, WHICH ENGAGE ON LEGISLATIVE MATTERS ALSO AFFECTING THE CITY.

AS YOU KNOW, THE MAYOR PRO TEM BHAT-PATEL AND COUNCILMEMBER ACOSTA MAINTAIN REGIONAL AND STATEWIDE LEADERSHIP ROLES WITH THE LEAGUE OF CALIFORNIA CITIES, WE ALSO MAINTAIN AND ENGAGE CONTRACTS WITH STATE AND FEDERAL LOBBYISTS THAT REPRESENT THE CITY IN SACRAMENTO AND DC AND ADVOCATE ON OUR BEHALF AND WE ENGAGE A CONTRACT GRANT WRITER THAT ASSISTS THE CITY IN PURSUING FUNDING OPPORTUNITIES THAT ARE BROUGHT TO OUR ATTENTION THROUGH THOSE VARIETY OF AVENUES AND WHICH ALIGN WITH THE CITY'S NEEDS.

THE STAFF REPORT INCLUDES END OF YEAR REPORTS DETAILING THE EFFORTS THAT ARE CONDUCTED ON BEHALF OF THE CITY BY OUR STATE AND FEDERAL LOBBYISTS.

[01:00:03]

AND I'LL JUST TOUCH ON A FEW OF THE HIGHLIGHTS THAT ARE INCLUDED THERE.

AT THE STATE LEVEL THIS YEAR, IN 2023, THE LEGISLATURE LATER CONSIDERED OVER 3000 BILLS THAT WERE BEFORE THE LEGISLATURE THIS YEAR, 1500 PIECES OF LEGISLATION WERE TRACKED ON BEHALF OF THE CITY BECAUSE THEY HAD SOME IMPACT RELATIVE TO CITY OPERATIONS.

WE ADVOCATED AND POSITIONED ON 23 DIFFERENT PIECES OF LEGISLATION.

13 OF THOSE WERE SIGNED BY THE GOVERNOR, TWO WERE VETOED, AND FOUR WERE DEFERRED TO BECOME TWO YEAR BILLS, WE HAD THE BENEFIT OF SUPPORT FROM ASSEMBLY MEMBER TASHA BOERNER, TO SECURE $350,000 IN NEW FUNDING IN THE STATE BUDGET TO SUPPORT THE CITY'S STATE STREET PARKING LOT, ELECTRIC VEHICLE CHARGING STATION PROJECT, AND WORKING TOGETHER WITH SENATOR BLAKESPEAR, WHO AUTHORED, A CITY SPONSORED BILL, SB 428, THAT WAS SIGNED INTO LAW BY THE GOVERNOR THIS YEAR AS WELL.

THAT BILL PROVIDES EMPLOYERS WITH THE ABILITY TO FILE TEMPORARY RESTRAINING ORDERS ON BEHALF OF THEIR EMPLOYEES IN CASES WHERE THOSE EMPLOYEES ARE EXPERIENCING THIRD PARTY HARASSMENT IT'S A PROACTIVE MEASURE THAT ALLOWS EMPLOYERS TO TAKE ACTION BEFORE THAT HARASSMENT ESCALATES INTO THREATS OF VIOLENCE TOWARDS EMPLOYEES.

JUST TO HIGHLIGHT A FEW OF THE AREAS THAT WE SAW THE MOST LEGISLATIVE ACTIVITY THAT WE FOCUSED ON THIS YEAR.

BEHAVIORAL HEALTH WAS A BIG TOPIC OF NEW LEGISLATION THIS YEAR, INCLUDING A PROPOSAL THAT PASSED THROUGH THE LEGISLATURE ADVANCING A $6.38 BILLION BOND ACT, WHICH WILL BE PUT BEFORE VOTERS THIS MARCH AS PROPOSITION ONE, IN THE PUBLIC SAFETY REALM, WE SAW A LOT OF FOCUS ON TRYING TO ADDRESS THE STATE'S FENTANYL CRISIS.

CREATION OF A TASK FORCE AND ADOPTION OF SENTENCING ENHANCEMENTS FOR FENTANYL TRAFFICKING.

WE ALSO SAW A FOCUS ON BILLS THAT WE TRACKED IN GOVERNMENT OPERATIONS, TRANSPORTATION, THE LABOR, RELATED TO HOUSING AND YOU'LL RECALL A GOOD DEAL.

WHILE WE DIDN'T POSITION ON THE BILL, THERE WAS A BILL THAT WENT THROUGH THE LEGISLATURE RELATED TO WATER IN TERMS OF THE OPPORTUNITY FOR MEMBERS OF THE SAN DIEGO COUNTY WATER AUTHORITY TO DETACH FROM THEIR MEMBERSHIP IN THAT AGENCY.

THIS BEING THE FIRST YEAR THAT THE CITY ENGAGED A FEDERAL LOBBYIST OR REENGAGED A FEDERAL LOBBYIST.

WE SPENT THIS YEAR A GOOD DEGREE BUILDING RELATIONSHIPS WITH OUR CONGRESSIONAL DELEGATION AND REPRESENTATIVES AND BUILDING RELATIONSHIPS WITH FEDERAL AGENCIES.

WE FILED LETTERS OF SUPPORT ON TWO MEASURES THAT WERE AUTHORED OR COAUTHORED BY CONGRESSMAN LEVIN.

THE SPENT FUEL PRIORITIZATION ACT RELATES TO THE RELOCATION OF SPENT FUEL AT SAN ONOFRE, AND THEN THE SOUTHERN CALIFORNIA COAST AND OCEAN PROTECTION ACT WOULD PROHIBIT OIL DRILLING AND EXPLORATION OFF THE COAST OF CALIFORNIA.

AGAIN WITH THE SUPPORT OF CONGRESSMAN LEVIN, THE CITY DID SECURE A PROPOSED APPROPRIATION IN THE HOUSE TRANSPORTATION, HOUSING, AND URBAN DEVELOPMENT APPROPRIATIONS BILL THAT IS STILL UNDER CONSIDERATION AND PENDING APPROVAL BY CONGRESS, HOPEFULLY IN MID-JANUARY.

THAT FUNDING WOULD SUPPORT CARLSBAD SAFE ROUTES TO SCHOOL IMPROVEMENTS, BUILDING ON THE NEEDS IDENTIFIED THROUGH OUR TRAFFIC SAFETY EMERGENCY.

AND THEN FINALLY, JUST IN TERMS OF ENGAGING OUR FEDERAL LOBBYISTS, IT'S A GREAT OPPORTUNITY FOR THE CITY TO STAY INFORMED ON POTENTIAL IMPACTS OF FEDERAL ACTIONS THAT WOULD AFFECT THE CITY INCLUDING ANY IMPACTS ASSOCIATED WITH THE POTENTIAL FEDERAL GOVERNMENT SHUTDOWN.

STAYING APPRIZED OF FEDERAL FUNDING OPPORTUNITIES THAT ALIGN WITH OUR NEEDS AND OTHER TRANSPORTATION ISSUES THAT AFFECT THE CITY, AT THIS POINT, I'M GOING TO SHIFT GEARS INTO LOOKING AT THE 2024 LEGISLATIVE PLATFORM.

EACH YEAR AT THE END OF THE STATE LEGISLATIVE SESSION STAFF ENGAGES WITH DEPARTMENTS ACROSS THE CITY.

WE REVIEW THE PLATFORM.

WE REVIEW BILLS THAT WERE PROPOSED IN THE PRIOR YEAR, WE IDENTIFY PAIN POINTS AND OPPORTUNITIES FOR CHANGES IN STATE LAW THAT WOULD CREATE OPPORTUNITIES TO IMPROVE EFFICIENCY OR EFFECTIVENESS OF GOVERNMENT OPERATIONS HERE AT THE CITY.

WE REVIEW THAT WITH THE LEGISLATIVE SUBCOMMITTEE THIS YEAR.

WE TOOK TWO MEETINGS TO DO THAT AND ULTIMATELY, THE RECOMMENDATIONS THAT ARE INCLUDED IN YOUR PACKET AND THE RESOLUTION ARE THOSE OF THE SUBCOMMITTEE AND STAFF AS WELL, WE PROPOSE TO MAINTAIN THE LEGISLATIVE PRIORITIES THAT WERE IDENTIFIED LAST YEAR.

THOSE ALIGN WITH THE AREAS OF FOCUS IN THE CITY'S FIVE YEAR STRATEGIC PLAN.

[01:05:02]

AND THOSE ARE OUTLINED ON THIS SLIDE.

SO WHILE THE FULL TEXT OF THE LEGISLATIVE PLATFORM IS INCLUDED IN YOUR PACKET AND ATTACHED TO THE RESOLUTION, I'LL JUST TOUCH ON SEVERAL OF THE HIGHLIGHTS. IF YOU WOULD LIKE TO DIVE INTO ANY OF THE SPECIFIC LANGUAGE OF THE RECOMMENDATIONS, I CAN PULL UP THE DOCUMENT AND WE CAN DO THAT, SEVERAL OF THE PROPOSALS THAT ARE, IDENTIFIED FOR CHANGES THIS YEAR INCLUDE, RECOMMENDING AND CREATING TOOLS THAT WOULD ALLOW FOR THE CLARIFICATIONS THAT WOULD ALLOW FOR THE USE OF RESTRICTIVE COVENANTS FOR ESTABLISHING OPEN SPACE DEDICATIONS, SEVERAL PROVISIONS THAT RELATE TO CLIMATE CHANGE, SUPPORTING FUNDING AND LEGISLATION FOR CLIMATE CHANGE ADAPTATION, BUILDING DECARBONIZATION, EMISSIONS REDUCTIONS AND CARBON SEQUESTRATION, WE INCLUDE A STATEMENT THAT WOULD PROMOTE AND ADVOCATE FOR A MORE EQUITABLE VOTING STRUCTURE TO BE ESTABLISHED AT THE SAN DIEGO COUNTY WATER AUTHORITY, SPECIFICALLY, THE INCLUSION OF A TALLY VOTE IN ADDITION TO THE CURRENT WEIGHTED VOTE AT THE WATER AUTHORITY FOR DECISION MAKING AT THE BOARD LEVEL, WHICH CREATES ADVANTAGES FOR AGENCIES THAT HAVE LARGER POPULATIONS THAT THEY REPRESENT.

WE HAVE A STATEMENT RELATED TO THE SCOPE AND FUNDING OF PUBLIC RECORDS ACT COMPLIANCE, ENSURING THAT SCOPE DOES NOT BROADEN WITHOUT APPROPRIATE FUNDING SUPPORT TO HELP CITIES IMPLEMENT THOSE EXPANSIONS.

WE HAVE A POSITION THAT WOULD ADVOCATE FOR ALLOWING THE USE OF ELECTRONIC AND DIGITAL MEDIA FOR PUBLIC NOTICING, AS OPPOSED TO PRINTED NEWSPAPERS UNDER THE BROWN ACT PROVISIONS AS A COST SAVING MEASURE FOR CITIES.

WE HAVE A STATEMENT THAT WOULD ESTABLISH SUPPORT FOR CREATING A CLOSED SESSION EXCEPTION FOR THREATS TO CYBERSECURITY.

ANOTHER POSITION THAT WOULD ALLOW AND CREATE TOOLS FOR AGENCIES TO ADDRESS DISRUPTIVE BEHAVIOR AND HATE SPEECH OCCURRING AT PUBLIC MEETINGS, A VARIETY OF POSITIONS RELATED TO STATE DENSITY BONUS LAW, PARTICULARLY RELATED TO REPLACEMENT HOUSING.

REPLACEMENT OF EXISTING AFFORDABLE HOUSING IN NEW DENSITY BONUS DEVELOPMENTS.

PROHIBITING THE USE OF DENSITY BONUS UNITS AS VACATION RENTALS, AND A CLARIFICATION AROUND THE APPLICATION OF CITY'S INCLUSIONARY HOUSING ORDINANCES AS IT RELATES TO DENSITY BONUS.

WE'VE GOT A COUPLE POSITION STATEMENTS THAT RELATE TO PRESERVING AND PROTECTING LOCAL DECISION MAKING AUTHORITY RELATED TO DEVELOPMENT OF ADUS, ACCESSORY DWELLING UNITS, AND PARKING PROVISIONS, AS WELL AS SUPPORT FOR, ESTABLISHING AND FUNDING WELLNESS PROGRAMS FOR PUBLIC SAFETY PERSONNEL.

FINALLY, ON THE LEGISLATIVE PLATFORM FRONT, A HANDFUL OF POSITIONS RELATED TO ENCOURAGING PROPER AND TIMELY INTAKE OF ARRESTEES.

FUNDING. CREATING FUNDING FOR BEHAVIORAL AND MENTAL HEALTH PROGRAMS. SUPPORTING THE ESTABLISHMENT OF E-BIKE RIDER SAFETY TRAINING REQUIREMENTS AND LICENSING REQUIREMENTS, A STATEMENT THAT WOULD ENCOURAGE THE EXPEDITION OF A TRANSITION TO THE USE OF UNLEADED AVIATION GASOLINE, AND FINALLY SUPPORTING THE CLARIFICATION OF CONFLICT OF INTEREST LAW AS IT RELATES TO GOVERNMENT CONTRACTING.

ALSO INCLUDED IN YOUR PACKET IS A LIST OF PRIORITY PROJECTS.

EACH YEAR, THE CITY HAS AN OPPORTUNITY TO WORK WITH OUR LEGISLATORS TO IDENTIFY, CITY FUNDING NEEDS, THAT MAY ALIGN WITH THE PRIORITIES OF OUR LEGISLATURE, OUR LEGISLATORS, AND WHICH ALIGN WITH THE FUNDING REQUIREMENTS OF VARIOUS STATE AND FEDERAL, FUNDING OFFERINGS, SO WE HAVE WORKED WITH THE CITY FINANCE DEPARTMENT AND OUR PUBLIC WORKS DEPARTMENT TO IDENTIFY THOSE PRIORITY PROJECTS THAT ARE IN NEED OF FUNDING AND LIKELY TO BE ALIGNED WITH STATE PRIORITIES, WHILE WE RECOGNIZE, WE'VE INCLUDED A LIST OF ABOUT 18 PROJECTS AT THIS POINT, THAT'S ANTICIPATED TO BE A MULTI YEAR EFFORT TO ACHIEVE FUNDING FOR EACH OF THOSE, HOWEVER, WE WANTED TO IDENTIFY A BROAD RANGE OF PROJECTS TO ENSURE THAT WE FIND ALIGNMENT WITH OUR REPRESENTATIVES.

I WON'T TOUCH ON ALL OF THESE, BUT JUST TO HIGHLIGHT A HANDFUL, FIRST ON THE LIST WOULD BE INTERSECTION IMPROVEMENTS IN THE AREA OF CAMINO DE LOS COCHES AND MAVERICK WAY AT LA COSTA CANYON HIGH SCHOOL, WANT TO EMPHASIZE AGAIN LOOKING AT FUNDING FOR SITE ACQUISITION AND DESIGN RELATED TO FIRE STATION SEVEN.

FUNDING ONCE AGAIN FOR LA POSADA DE GUADALUPE.

EXPANSION. THE HOMELESS SHELTER.

EXPANSION. FUNDING.

LOOKING FOR FUNDING FOR LOWERING THE RAILROAD TRACKS IN THE VILLAGE, POTENTIALLY FOR MONROE STREET POOL REPLACEMENT AND ROBERTSON RANCH PARK DEVELOPMENT.

[01:10:09]

HIGHLIGHTING ONCE AGAIN FUNDING NEED AROUND SAFE ROUTES TO SCHOOL IMPROVEMENTS AND OTHER BICYCLE, VEHICLE AND PEDESTRIAN SAFETY IMPROVEMENTS THROUGHOUT THE CITY, LOOKING FOR FUNDING TOWARDS SEA LEVEL RISE, ADAPTATION MEASURES AND SHORELINE PRESERVATION.

SPECIFICALLY INCLUDING THOSE AROUND SOUTH CARLSBAD IN OUR PILOT AREA BETWEEN MANZANO DRIVE AND ISLAND WAY.

LASTLY, IN TERMS OF TONIGHT'S ACTION, THE CITY COUNCIL LEGISLATIVE SUBCOMMITTEE HAS REVIEWED AND IS RECOMMENDING THAT WE APPROACH OUR STATE REPRESENTATIVES TO, SECURE AUTHORS FOR POTENTIALLY CITY SPONSORED BILLS WE'VE GOT FIVE PROPOSALS THAT WILL BE DISCUSSING ON COUNCIL'S DIRECTION WITH OUR LEGISLATORS.

THAT FIRST INCLUDES A PROPOSAL TO AMEND THE CALIFORNIA VEHICLE CODE TO ESTABLISH REQUIREMENTS FOR E-BIKE RIDER SAFETY TRAINING AND LICENSING.

THIS IS SOMETHING THE CITY COUNCIL SUPPORTED LAST YEAR AND WE, HAVE NOT COME ON AS A SPONSOR YET, BUT WE ANTICIPATE THAT WE WOULD BE ABLE TO DO THAT THIS YEAR IF THAT WAS THE COUNCIL'S INTEREST, SECOND PROPOSAL TO AMEND THE GOVERNMENT CODE TO ADD THREATS TO CYBERSECURITY AS A CLOSED SESSION EXCEPTION UNDER THE BROWN ACT.

AND A THIRD PROPOSAL TO AMEND THE GOVERNMENT CODE TO ALLOW FOR THE POSTING OF LEGAL ADVERTISING AND PUBLIC NOTICING BY ELECTRONIC AND DIGITAL MEDIA.

FINALLY TO AMEND THE CIVIL CODE TO IDENTIFY THE USE OF RESTRICTIVE COVENANTS AS AN ACCEPTABLE INSTRUMENT FOR DOCUMENTING OPEN SPACE DEDICATIONS AND A CLARIFICATION IN THE GOVERNMENT CODE TO CLARIFY STATE DENSITY BONUS LAW REGARDING THE REPLACEMENT OF EXISTING AFFORDABLE HOUSING AND THE APPLICATION OF LOCAL INCLUSIONARY HOUSING REQUIREMENTS.

TO SUMMARIZE AGAIN AND RESTATE.

THE RECOMMENDED ACTION FOR TONIGHT IS TO ADOPT A RESOLUTION APPROVING THE 2024 CARLSBAD LEGISLATIVE PLATFORM DIRECT STAFF BY A MOTION TO ADVOCATE FOR THE FIVE CITY SPONSORED LEGISLATIVE PROPOSALS AND SEEK FUNDING FOR THE PRIORITY PROJECTS THAT WERE IDENTIFIED IN THE PACKET, AND FINALLY RECEIVE THOSE REPORTS ON STATE AND FEDERAL LEGISLATIVE AND BUDGET ACTIVITY AND PROVIDE FEEDBACK.

AND WITH THAT, MAYOR, I'M HAPPY TO ANSWER ANY QUESTIONS, BUT ALSO WOULD LIKE TO INVITE THE MEMBERS OF THE LEGISLATIVE SUBCOMMITTEE, IF THEY HAVE ANY COMMENTS THAT THEY WOULD LIKE TO ADD TO MY PRESENTATION AT THIS TIME.

GO AHEAD. OKAY, GREAT.

THANK YOU SO MUCH, JASON.

I JUST WANT TO SHARE WITH MY COLLEAGUES, HOW MUCH WORK WE PUT INTO THIS, LEGISLATIVE PLATFORM AND THE LEGISLATIVE PROPOSALS AND FUNDING REQUESTS THAT WE'RE BRINGING TO YOU. THIS IS MORE THAN WE USUALLY DO, BUT I JUST WANTED TO CLARIFY AND UNDERSCORE THAT THESE ARE NOT IN ORDER, AND WE ARE NOT TRYING TO PUSH ALL OF THEM AT ONCE. SO IF THERE IS SOMETHING AND I KNOW THAT JASON, MR. HABER SAID THESE THE IN GENERAL THAT WE ARE SEEKING FUNDING AND WE ARE SEEKING AUTHORS AND WILLING TO COME ON AS A SPONSOR, BUT WE DON'T EXPECT TO PUSH ALL FIVE LEGISLATIVE PROPOSALS OR ALL OF THE FUNDING REQUESTS AT ONCE.

SO IT'S NOT JUST MULTIYEAR, IT'S WHAT FITS WITH WHAT THE LEGISLATORS ARE WORKING ON THIS YEAR, BECAUSE THERE ARE LEGISLATIVE FOCUSES AT BOTH THE STATE AND FEDERAL GOVERNMENT EVERY YEAR, AND WE WANT TO FIT WITH WHAT THEY'RE LOOKING FOR.

THAT ALSO IS RELEVANT TO THE STAGE OF THE PROJECT THAT WE'RE IN FOR THE FUNDING REQUESTS, BECAUSE IF SOMETHING IS SHOVEL READY AND LEGISLATOR CAN KICK IN, SOME AMOUNT, SOME FUNDING AMOUNT TO HELP BRING A PROJECT TO COMPLETION.

THAT'S AN EASIER REQUEST THAN TRYING TO GET A FEASIBILITY STUDY EARLY ON, WHICH IS HARDER TO GET.

WE HAVE TO DEMONSTRATE THAT WE'VE PUT IN SOME EFFORT AND FUNDING AS WELL, SO THAT I JUST WANT TO SHARE THAT WITH YOU.

BUT IT'S A REAL PLEASURE TO SERVE THERE FOR YOU.

AND I HOPE THAT ANY QUESTIONS THAT YOU HAVE THAT WE CAN SORT THROUGH THIS AND GET YOUR SUPPORT FOR THIS LEGISLATIVE PLATFORM.

THANKS. MY TURN.

GO AHEAD. OKAY. THANK YOU.

I JUST WANTED TO FOCUS ON THE RELATIONSHIP BUILDING THAT WE'VE DONE FOR THE PAST YEAR WITH OUR REPRESENTATIVES IN THE DISTRICT.

THEY ARE VERY ENGAGED WITH THE CITY OF CARLSBAD AND US AT THE LEGISLATIVE SUBCOMMITTEE COMMITTING TO COMING EVERY TIME WE HAVE A MEETING TO GIVE US UPDATES ON WHAT IS GOING ON IN CONGRESS AND WHAT IS GOING ON WITH THE STATE SENATE AND THE ASSEMBLY.

AND WE REALLY APPRECIATE THEIR ENGAGEMENT.

AND THEY ARE VERY WELL AWARE THEY'RE EXCITED THAT THIS IS ON THE AGENDA TONIGHT.

AND THAT'S KIND OF FUNNY.

BUT THEY ARE. SO I THINK THEY'RE GOING TO BE WORKING WITH US, SUCCESSFULLY IN THE FUTURE.

SO THANK YOU. DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS.

DO WE HAVE ANY OTHER QUESTIONS? ANY COMMENTS?

[01:15:01]

SO I'D LIKE TO THANK BOTH OF MY COLLEAGUES UP HERE.

I HATE TO USE THE WORD WORKHORSES, BUT YOU ARE THEIR ENERGIZER BUNNIES.

I'VE SERVED ON MANY COMMITTEES WITH THIS TYPE OF LEGISLATIVE PLATFORM.

AND I WILL TELL YOU, THESE TWO WOMEN ARE STELLAR, MR. HABER. YOU'RE YOU, I DON'T KNOW HOW YOU DO IT WITH THEM, ALL THREE OF YOU ARE, THIS IS VERY BIG.

BUT IT'S ONE OF THOSE THINGS THAT NOBODY REALLY PAYS ATTENTION TO UNTIL YOU GET A BIG DOLLAR AMOUNT OR SOMETHING.

THEN EVERYBODY'S ALL OVER IT AND THAT.

THAT GOES TO MY NEXT COMMENT, WHICH IS, I SERVED ON THE PLANNING COMMISSION FOR A NUMBER OF YEARS AND GRANTED, YES, MAYBE AN ASPECT OF THIS WAS AGENDIZED.

HOWEVER, I DON'T THINK THE COMMISSION REALLY REALIZED WHAT THE EFFORTS WERE THAT THIS GROUP WAS DOING.

IN FACT, I WILL SAY A LOT OF OUR COMMISSION MEMBERS DO NOT EVEN KNOW THAT WE HAVE A LEGISLATIVE SUBCOMMITTEE, EVEN THOUGH YOUR LIAISONS GIVE A REPORT, BECAUSE THE REPORT, I'LL BE VERY FRANK, IS VERY, UNMOTIVATING IT'S VERY, DRACONIAN.

IT'S VERY DRY.

AND I THINK WE'RE DOING THESE LADIES AND MR. HABER AN INJUSTICE BY NOT JUICING IT UP A BIT, LETTING OUR COMMISSIONERS KNOW.

AND I WOULD INVITE EITHER ONE OF THEM IF THEY WOULD APPEAR MAYBE BEFORE OUR SENIOR COMMISSION OR BE.

I MEAN, I HATE TO PUT IT ON STAFF, I HATE TO PUT IT ON THEM, BUT WE HAVE TO DO SOMETHING SO THAT THEY'RE OUT THERE OPERATING IN THEIR WORLD, AND THEY'RE OUT HERE OPERATING IN THIS WORLD, AND THEY ARE NOT AWARE OF WHAT THESE HARD WORKING WOMEN ARE DOING ON THEIR EFFORTS.

AND I WOULD LIKE TO SEE SOMETHING DONE ABOUT THAT IN SOME WAY.

AND I'M NOT PUTTING IT ON STAFF, IN THAT WAY.

IF I AM, THEN IT'S GOT TO BE SOMETHING THAT'S A LITTLE MORE ENERGIZING AND THAT'S APPLICABLE TO WHAT THEY'RE WORKING ON BECAUSE, THEY'LL COME TO ME AND SAY, I DIDN'T KNOW WE WERE WORKING ON THIS.

I DIDN'T KNOW WE WERE DOING THIS WHEN YET WHEN THEY'RE TAKING POSITIONS ON THINGS.

THEY ACTUALLY DID KNOW.

BUT THE WAY THE PRESENTATION WAS GIVEN TO THEM, IT DIDN'T REGISTER, SO THERE'S NO EFFECTIVENESS.

SO, THAT'S JUST A GENERAL COMMENT THAT I HAVE.

ANY OTHER COMMENTS? MISS BHAT-PATEL? YES. THANK YOU.

AND THANK YOU FOR THE PRESENTATION.

AND THANK YOU TO MY COLLEAGUES FOR WORKING SO HARD ON THIS.

I KNOW THAT, I JUST WANT TO SAY THAT I'M IN SUPPORT OF ALL OF THE CHANGES AND THE RECOMMENDATIONS THAT HAVE BEEN PUT FORWARD.

I KNOW THAT, JASON, WE WORKED ON RESTRUCTURING ALL OF THIS A FEW YEARS AGO, AND IT SEEMS LIKE IT'S BEEN WORKING.

AND I'M REALLY GLAD THAT, YOU KNOW, THERE'S AN AMAZING STRUCTURE TO THIS.

AND OBVIOUSLY THERE HAVE BEEN A LOT OF WORK PUT INTO THIS BY MY COLLEAGUES WITH REGARDS TO MAKING SURE THAT WE'RE, YOU KNOW, IN CHECK WITH NOT ONLY WHAT WE AS A CITY NEED, BUT ALSO SEEING THE LANDSCAPE OF WHAT'S GOING ON AROUND THE STATE AND WHAT WE CAN DO TO BE, YOU KNOW, FORWARD THINKING IN THAT PARTICULAR REGARD.

SO, IN SUPPORT, LOOKING FORWARD TO IT.

THANKS AGAIN FOR ALL THE WORK.

MISS BURKHOLDER JUST IN RESPONSE TO, MISS LUNA.

OF COURSE. I THINK EITHER ONE OF US WOULD BE HAPPY TO GO TO THE COMMISSIONER'S, AT THE MEETINGS AND SPEAK TO THE IMPORTANCE OF THE LEGISLATIVE SUBCOMMITTEE.

SO WE WILL BE WORKING WITH STAFF, OF COURSE, TO, GO TALK WITH THE CITY MANAGER AND FIGURE OUT HOW WE'RE GOING TO BEST ACCOMPLISH THAT.

THANK YOU, MISS ACOSTA.

THANK YOU, I AGREE WITH ALL OF THAT.

I JUST HAD FORGOTTEN TO MENTION ONE OTHER THING, WHICH WAS THAT THIS MORNING'S MEETING, ASSEMBLY MEMBER TASHA BOERNER WAS OUR SPECIAL GUEST, GAVE A PRESENTATION IN PERSON AND THEN PRESENTED US WITH ONE OF THOSE BIG CHECKS TO SHOW THAT, YOU KNOW, SHE HAD BROUGHT $350,000 TO OUR CITY FOR THE EV CHARGING STATIONS.

SO WE JUST WE WERE SO GRATEFUL, AND WE'RE LUCKY TO HAVE SUCH STRONG RELATIONSHIPS, EXCUSE ME, WITH OUR LEGISLATORS SO THAT WE'RE ABLE TO HAVE THOSE KINDS OF POSITIVE MOMENTS.

SO THANK YOU, MR. HABER, FOR ALL YOUR HARD WORK ON THAT.

MOTION, PLEASE. YES, MOVE STAFF RECOMMENDATION AND AGENDA ITEM NUMBER 11.

SECOND. PLEASE VOTE.

[INAUDIBLE] PASSES UNANIMOUSLY.

WE HAVE TWO MORE ITEMS LEFT.

ONE IS GOING TO BE POSSIBLY BRIEF, THE OTHER ONE MODERATE.

DOES ANYBODY NEED A BATHROOM BREAK? LOOKING IN BOTH DIRECTIONS.

OKAY. TEN MINUTES.

WE'RE GOING TO RECONVENE AT 6:30.

[12. UPDATE ON STATUS OF NEGOTIATIONS TO RELOCATE SAN DIEGO GAS & ELECTRIC’S NORTH COAST SERVICE CENTER]

BACK IN SESSION. ITEM 12 CITY MANAGER.

YES, ITEM 12 IS THE UPDATE ON STATUS OF NEGOTIATIONS TO RELOCATE THE SDG&E, NORTH COAST SERVICE CENTER AND MAKING OUR PRESENTATION TODAY AS OUR

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DEPUTY CITY MANAGER, GARY BARBERIO.

GARY? THANK YOU, MR. CITY MANAGER, MAYOR, MAYOR PRO TEM, MEMBERS OF THE COUNCIL.

GARY BARBERIO, DEPUTY CITY MANAGER FOR COMMUNITY SERVICES, WHILE I'LL BE MAKING THE PRESENTATION TONIGHT, THE WORK EFFORT THAT I'LL BE PRESENTING, WAS A TEAM EFFORT WITH MYSELF AND OUR CITY ATTORNEY, I WANT TO RECOGNIZE HER.

I'LL BE GIVING YOU AN UPDATE ON STATUS ON OUR NEGOTIATIONS TO RELOCATE THE SDG&E SERVICE CENTER, AND JUST BRIEF HISTORY OF HOW WE GOT HERE.

THE IMPETUS FOR THIS EFFORT COMES FROM OUR 2014 AGREEMENT SETTLEMENT AGREEMENT WITH, BETWEEN THE CITY AND ENERGY AND SDG&E.

ONE OF THE BIGGEST PIECES IN THAT AGREEMENT WAS IN EXCHANGE FOR THE CITY SUPPORTING AN APPLICATION BY NRG TO THE CALIFORNIA ENERGY COMMISSION FOR AN AMENDED APPLICATION TO GET APPROVED A 500 MEGAWATT, POWER PLANT THAT WAS A PEAKER PLANT BETWEEN THE RAILROAD TRACKS AND I-5 IN EXCHANGE FOR THAT CITY SUPPORT, THE CITY WAS GIVEN A GUARANTEE THAT THE 1000 MEGAWATT ENCINA POWER STATION THAT WAS BUILT IN STARTING IN THE 1950S, WOULD BE SHUT DOWN, DECOMMISSIONED AND DEMOLISHED.

AND AS THE COUNCIL AND THE COMMUNITY IS ALL AWARE THAT, POWER PLANT AND THE STACK NO LONGER EXIST, THEY HAVE BEEN HAVE BEEN DEMOLISHED.

THAT WAS ONE OF THE BIGGEST COMMUNITY BENEFITS IN THAT 2014 AGREEMENT.

BUT AS IT RELATES TO WHAT WE'RE, UPDATING YOU ON TONIGHT, THE SAN DIEGO GAS AND ELECTRIC SERVICE CENTER AND THE IDEA OF RELOCATING, IN THAT AGREEMENT, THE CITY, WOULD ALWAYS HAS HAD AN IDEA THAT THAT INDUSTRIAL TYPE USE SHOULD BE MOVED OFF THE COAST. THE IDEA WAS IF SDG&E IN THE CITY OF CARLSBAD COULD FIND A MUTUALLY ACCEPTABLE, ALTERNATIVE LOCATION OFF THE COAST, THAT WE WOULD BE ABLE TO RELOCATE THE SERVICE CENTER TO THAT LOCATION, AND THEN NRG WOULD CONTRIBUTE $22.5 MILLION TO BUILD A NEW SERVICE CENTER FOR SDG&E ON THIS MAP, THE THE RED OUTLINE WITH THE TAG OF SDG&E THAT'S THE 16 ACRE SERVICE CENTER SITE.

AND THEN THE GREEN OUTLINE, SOLID GREEN OUTLINE IS, THE ABOUT 2 TO 3 ACRE CANNON PARK PARCEL, ALSO OWNED BY SDG&E.

WE DO MANAGE AND OPERATE THE PARK UNDER A LEASE AGREEMENT.

ONE OF THE POTENTIAL LOCATIONS FOR RELOCATION OF THE SERVICE CENTER, YOU WILL SEE ON THIS GRAPHIC IS THE SDG&E LOT 11 ON THE NORTH SIDE OF CANNON ROAD, EAST OF I-5, AS THE COUNCIL IS AWARE, FOR A NUMBER OF YEARS, WE LOOKED FOR A SITE, EXPLORING WELL OVER A DOZEN SITES IN THE CITY.

SDG&E'S CRITERIA WAS WITHIN THE CITY LIMITS, BUT GENERALLY WEST OF EL CAMINO REAL, FOR VARIOUS REASONS.

SOMETIMES IT WAS THE CITY SAYING THAT SITE WOULD NOT WORK.

SOMETIMES IT WAS SDG&E.

THE LIST DWINDLED DOWN TO NOTHING AVAILABLE WITHIN THE CITY OF CARLSBAD, WE ALSO EXPLORED, AS COUNCIL IS AWARE, RELOCATING THE SERVICE CENTER TO THE SHOPS AT CARLSBAD MALL, AND THEN WE ACTUALLY, EVEN RE EXPLORED THE IDEA OF MOVING ON TO SDG&E LOT 11.

SO IF WE WERE ABLE TO SUCCESSFULLY RELOCATE THE SERVICE CENTER, THE CITY WAS GOING TO RECEIVE OWNERSHIP OF THE SDG&E PARCEL, THE 16 ACRES PLUS THE CANNON PARK SITE, AS WELL AS WHAT'S IDENTIFIED AS NUMBER ONE ON ABOUT A 5.76 ACRE PIECE OF PROPERTY THAT SDG&E OWNS ON THE NORTH SHORE OF AGUA HEDIONDA LAGOON, WE'RE STILL TRYING TO FIND A SOLUTION TO RELOCATING THE SERVICE CENTER.

AND SOME OF THOSE OPTIONS THAT WE'VE EXPLORED, WERE.

EXCUSE ME, I WANT TO GO BACK ONE.

NO. I'M GOOD.

THE LAST TIME WE GAVE YOU AN UPDATE WAS ON MARCH 7TH OF THIS YEAR.

AND AT THAT TIME, WE WERE EXPLORING, RELOCATING SDG&E ON SITE, PUSHING THE CENTER BACK TO THE EAST, UP AGAINST THE RAILROAD TRACKS ON SDG&E PROPERTY, AS WELL AS, ABOUT EIGHT ACRES OF NRG PROPERTY.

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IN THAT ALTERNATIVE, THE CITY WOULD HAVE, RECEIVED THE WESTERN PORTION OF WHERE WE MOVED THE CENTER OFF OF ABOUT 8 OR 10 ACRES HOWEVER, AT THAT TIME, WE TOLD YOU THAT THERE WAS A SIGNIFICANT FUNDING GAP, THE CITY IS NOT CONTRIBUTING FINANCIALLY TO THE RECONSTRUCTION COSTS OF A NEW SERVICE CENTER, BUT THERE WAS A GAP BETWEEN WHAT THE NEW SERVICE CENTER WOULD COST AND WHAT NRG AND SDG&E COLLECTIVELY WERE WILLING TO CONTRIBUTE TO THAT CONSTRUCTION, AND THE HOPE AT THAT TIME, BACK IN MARCH WAS NRG WAS IN THE PROCESS OF SELECTING A DEVELOPMENT PARTNER FOR THE REDEVELOPMENT OF THE OLD POWER PLANT SITE.

AND THE HOPE WAS, THE THOUGHT AT THAT TIME WAS THAT THE DEVELOPMENT PARTNER WOULD HAVE SOME CREATIVE IDEAS ABOUT HOW TO SHRINK OR EVAPORATE THE FUNDING GAP.

ON THE AGAINST THE TRACKS UP, ALTERNATIVE.

SO COUNCIL GAVE US AN ADDITIONAL SIX MONTHS TILL SEPTEMBER.

WE WERE DUE TO COME BACK TO YOU WITH AN UPDATE, BUT YOU ALSO GAVE US A DROP DEAD DATE OF MARCH 31ST, 2024, SO, THIS IS A GRAPHIC THAT KIND OF SHOWS YOU WHAT THE AGAINST THE TRACKS OPTION WOULD LOOK LIKE. IT WAS THE YELLOW DASHED LINE, BUT WE'VE SHOWED YOU A SIMILAR GRAPHIC AND OTHER PRESENTATIONS WHERE MAYBE WE DON'T RELOCATE AS FAR EAST AND CITY GETS A LITTLE LESS ACREAGE, WHAT'S COME WHAT'S HAPPENED OVER THE SINCE MARCH IS WE'VE MET OVER 18 TIMES, AND WHILE NRG STILL HAS NOT SELECTED ON THE FINAL SELECTION OF THEIR DEVELOPMENT PARTNER, IT HAS BECOME CLEAR TO THEM THAT. THE DEVELOPMENT PARTNER WAS NOT GOING TO BE ABLE TO FILL THE DOUBLE DIGIT FUNDING GAP FOR THE AGAINST THE TRACKS OPTION.

SO IN LATE AUGUST, NRG PROPOSED A DIFFERENT OPTION.

IT'S REALLY THAT KIND OF BLUE DASH LINE THAT I JUST SHOWED YOU, AND IN THAT OPTION, THE THOUGHT WAS THAT THE FUNDING GAP COULD BE CLOSED, WE'RE REFERRING TO THAT AS THE SEASIDE OPTION.

AND LET ME EXPLAIN WHAT THAT OPTION ENTAILS, SO IN THAT OPTION, SDG&E WOULD RELOCATE TO THE EASTERN 13 ACRES OF THEIR PROPERTY.

THE BUILDING THAT'S KNOWN AS HILDA'S, THAT'S WESTERN, ON FRONTS ON CARLSBAD BOULEVARD.

AND THE PARKING AND LAY DOWN AREAS WOULD BE RELOCATED TO THE 13 ACRES EASTERN 13 ACRES, AS WELL AS THE EIGHT ACRE PORTION OF NRG.

INSTEAD OF REBUILDING THE ENTIRE SERVICE CENTER, THE ONLY THING THAT WOULD GET REBUILT IS A NEW ADMINISTRATION BUILDING FOR SDG&E.

WHAT THAT WOULD LEAVE THE CITY WITH IS APPROXIMATELY SIX ACRES ON THE WESTERN PORTION OF SDG&E LAND, OR ABOUT FIVE ACRES, NET.

AND I'LL EXPLAIN THAT. SO THAT'S THE SEASIDE OPTION.

LET ME SHOW YOU A GRAPHIC.

SO AGAIN, THE KIND OF WESTERN 5 TO 6 ACRES IS SHOWN IN ORANGE.

AND THEN THE REMAINING SDG&E PROPERTY, AS WELL AS THE EIGHT OR SO ACRES OF NRG PROPERTY. SO THEY'LL BE RELOCATING, TAKING DOWN THIS HILDA'S BUILDING, LAY DOWN AREAS.

AND SOME EMPLOYEE AND CUSTOMER PARKING AREAS.

THOSE WOULD ALL BE RELOCATED TO THE REMAINING EASTERN PORTION OF THE PROPERTY, AND THE CITY WOULD RECEIVE TITLE TO THE WESTERN 5 TO 6 ACRES. JUST BY WAY OF EXAMPLE, TO SHOW WHAT WE COULD REALIZE FROM THAT FIVE ACRES, WE WOULD GET THE OWNERSHIP OF CANNON PARK.

IT WOULD GIVE US THE ABILITY TO POSSIBLY EXPAND CANNON PARK BY ABOUT AN ACRE, AN AREA OF PARKING THAT COULD BE USED FOR CANNON PARK VISITORS, AS WELL AS BEACH GOERS AND ABOUT A TWO ACRE SITE.

THAT COULD BE THE PERMANENT LOCATION OF FIRE STATION SEVEN.

AS YOU KNOW, WE ONLY HAVE A TEMPORARY LICENSE AGREEMENT ON THE NRG PROPERTY, FOR A TEMPORARY STATION.

AND ONE OF THE COUNCIL'S GOALS IS TO FIND AND BUILD A PERMANENT LOCATION FOR STATION SEVEN.

I'M NOT SAYING THAT'S THE PLAN.

I'M JUST GIVING YOU KIND OF A GRAPHIC REPRESENTATION THAT COULD BE.

WELL THIS OPTION, THE SEASIDE OPTION, OBVIOUSLY THE 5 TO 6 ACRES IS SIGNIFICANTLY LESS THAN WHAT WE ANTICIPATED UNDER THE 2014 AGREEMENT.

IT'S EVEN SIGNIFICANTLY LESS THAN AGAINST THE TRACKS OPTION AND SO, CARLSBAD STAFF'S REACTION TO THIS PROPOSAL WAS,

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WELL, IT'S GOING TO TAKE MORE THAN JUST 5 TO 6 ACRES.

THERE NEEDS TO BE SOME ADDITIONAL COMMUNITY BENEFIT THAT WOULD COME WITH THIS PROPOSAL AND SO, WE DID, PRELIMINARILY NEGOTIATE SOME ADDITIONAL COMMUNITY BENEFITS AND I'LL READ THESE OFF BUT THEN I'LL SHOW YOU SOME GRAPHICS THAT, YOU KNOW, GIVE YOU A BETTER PERSPECTIVE.

SO THE CITY WOULD STILL RECEIVE TITLE TO THE 5.76 ACRE PARCEL THAT SDG&E OWNS ON THE NORTH SHORE OF AGUA HEDIONDA LAGOON, SDG&E IS ALSO AGREED TO COOPERATE FULLY WITH THE CITY AND DEVELOPING A TRAIL NETWORK IN THE HUB PARK LEASE AREA.

THE CHALLENGE WITH DOING THAT IS THAT WE REALLY DON'T IN OUR LEASE AREA BOUNDARY.

WE REALLY DON'T HAVE FRONTAGE ON CANNON AND SO THEY WOULD PROVIDE US ACCESS THROUGH LOT 11 TO THE HUB PARK AREA, THEY WOULD ALLOW US TO BUILD A SMALL TRAILHEAD PARKING LOT ON LOT 11 AND THEN, ACCESS, ACROSS LOT 11, TO GAIN ACCESS TO TWO PEDESTRIAN TUNNELS THAT ARE ACTUALLY BUILT AND BURIED UNDERNEATH CANNON ROAD THAT WE COULD THEN UNCOVER, AND EXTEND THE TRAIL NETWORK TO THE SOUTH SIDE OF CANNON ROAD.

AND WHILE THE DETAILS HAVE NOT BEEN WORKED OUT YET, THEY'VE ALSO AGREED TO PROVIDE SOME COST SHARING ON THESE HUB PARK TRAIL SYSTEM. AND I'LL SHOW YOU A PHOTO OF THAT.

FROM NRG THE CITY WOULD RECEIVE A IRREVOCABLE OFFER OF DEDICATION FOR THREE PROPERTIES.

THEY HAVE A 10.8 ACRE BEECH BLUFF PROPERTY.

AND THEN THEY OWN THE LAGOON BASINS, AND THEY ARE WILLING TO GIVE US AN ISLAND ON THE MIDDLE AND INNER AGUA HEDIONDA LAGOON BASINS, INNER BEING THE EASTERNMOST BASIN.

AN IRREVOCABLE OFFER OF DEDICATION IS I'M GOING TO BUTCHER THE LEGALITY OF IT.

BUT BASICALLY IT'S AN OFFER TO GIVE THE LAND TO THE CITY, AND THEY'RE GOOD FOR 24.5 YEARS.

SO THE OFFER WOULD STAND THE CITY IF AND WHEN WE WERE READY TO TAKE OWNERSHIP TO ANY ONE OF THOSE THREE PROPERTIES, WE COULD EXERCISE THAT IOD AND TAKE OWNERSHIP TO THE PROPERTY AND USE IT FOR THE BENEFIT OF OUR RESIDENTS.

HOWEVER, THE COUNCIL AND FUTURE COUNCILS DECIDE WHEN THAT'S APPROPRIATE AND THE LAST THING, IS BOTH SDG&E AND NRG WOULD WOULD QUIT CLAIM OR GRANT THE ACTUAL FEE TITLE OWNERSHIP TO THE UNDERLYING RIGHT OF WAY OF BOTH CANNON ROAD AND CARLSBAD BOULEVARD.

ACROSS THEIR FRONTAGE, WE DO HAVE A RIGHT OF WAY EASEMENT FOR THAT.

BUT HAVING OWNERSHIP IF THE CITY EVER REALIGNED EITHER ONE OF THOSE ROADWAYS, HAVING THE OWNERSHIP GIVES US A LOT MORE FLEXIBILITY.

SO WALKING THROUGH THOSE ADDITIONAL COMMUNITY BENEFITS.

THIS IS THE 5.76 ACRE, NORTHSHORE BLUFF PARCEL OUTLINED IN YELLOW AGAIN ON THE NORTH SHORE OF AGUA HEDIONDA LAGOON. THE UPPER BLUFF AREA IS ABOUT AN ACRE.

IT'S ACTUALLY, GENERAL PLAN DESIGNATED RIGHT NOW FOR RESIDENTIAL DEVELOPMENT, 30 PLUS YEARS AGO, SOMETHING LIKE THAT, SDG&E ACTUALLY WENT TO TRY AND SELL THAT TO A DEVELOPER, AND THE NEIGHBORHOOD REACTED AND SDG&E HAS OWNED IT EVER SINCE.

OUR CONCEPT WOULD PROBABLY BE TO MAKE IT ALL OPEN SPACE BECAUSE MAJORITY OF IT IS OPEN SPACE RIGHT NOW.

I MENTIONED THE PARK AND THE TRAIL SYSTEM.

THE PARK LEASE AREA IS OUTLINED IN RED LOT 11 IS, YOU KNOW, HAS A LABEL ON IT AND IS IN WHITE.

YOU CAN SEE WHERE THE, TRAILHEAD PARKING LOT MIGHT BE LOCATED AT LEGOLAND DRIVE, GENERAL LOCATION OF THOSE TWO UNDERCROSSINGS. AND THEN THE YELLOW AND BLACK DASHED LINE, OUTLINES A CONCEPTUAL TRAIL SYSTEM THAT WE'RE WORKING WITH SDG&E ON THE DETAILS ON. AND AGAIN, THIS WOULD COME WITH SOME FORM OF COST SHARING WITH SDG&EE AND THE DETAILS OF THAT TO BE WORKED OUT. NRG BEECH BLUFF PARCEL.

IT'S JUST THE OTHER SIDE OF CARLSBAD BOULEVARD, FROM WHERE THE OLD ENCINA SITE USED TO BE SEEING THE POWER PLANT.

AS A PART OF, THEN DESAL APPROVALS AND OUR 2014 AGREEMENT, WE DID GET AN IOD FOR THE UPPER BLUFF

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PORTION OF THIS 10.8 ACRE PARCEL, ABOUT 2.5 ACRES, AND THAT'S OUTLINED IN THE DASHED BLUE LINE, BUT UNDER THIS PROPOSED SEASIDE OPTION AGREEMENT, WE WOULD GAIN TITLE TO THE ENTIRE PARCEL.

AND THAT WAS 10.8 ACRES.

I MENTIONED THE TO THE TWO LAGOON BASINS, THE MIDDLE AND INNER LAGOONS, GRAPHICALLY SHOWN ON THE SCREEN.

THE MIDDLE LAGOON IS ABOUT 21 ACRES, AND THE INNER LAGOON IS 181.25 ACRES.

SO SUBSTANTIAL ACREAGE.

WE DO HAVE A LEASE OVER THE WATER SURFACE OF THE INNER LAGOON.

THE CITY HOLDS THAT LEASE, RIGHT NOW.

AND WE USED TO HAVE A SIMILAR LEASE OVER THE MIDDLE LAGOON.

THAT LEASE IS NOW HELD BY THE ENCINITAS MAGDALENA YMCA.

BUT IF WE, YOU KNOW, A THOUGHT WOULD BE IF WE TOOK OWNERSHIP OF THESE, YOU KNOW, THE CITY COULD BE, IN CONTROL OF THE PROPERTY.

AND, YOU KNOW, MAYBE A WATER SPORTS RECREATION PROGRAM COULD BE DEVELOPED THERE, BUT AGAIN, THE IOD DOESN'T GIVE US DOESN'T IT'S NOT AN OBLIGATION TO TAKE OWNERSHIP.

IT'S AN OPPORTUNITY TO TAKE OWNERSHIP WHEN AND IF WE'RE READY TO TAKE THAT.

AND THEN, JUST A GRAPHIC SHOWING IN BLUE THE RIGHT OF WAY THAT ENERGY WOULD BE QUIT CLAIMING AND THE YELLOW SHOWING THE RIGHT OF WAY ON CANNON AND A LITTLE PIECE ON CARLSBAD BOULEVARD THAT SDG&E WOULD BE QUIT CLAIMING, TOTAL ACREAGE OF THIS AREA IS JUST UNDER TEN ACRES. SO ONE OF THE THINGS IN THE 2014 AGREEMENT WAS THE IDEA THAT WE'RE GOING TO RELOCATE THE SERVICE CENTER, BUT IF THAT FAILED, WE DO HAVE A PROVISION THAT NRG WOULD PAY US $10 MILLION.

SO IF WE EVER THREW IN THE TOWEL TERMINATING NEGOTIATIONS, IT'S NOT GOING TO WORK.

WE WOULD GET $10 MILLION, AND SO I'VE GIVEN YOU SEVERAL UPDATES OVER THE LAST COUPLE OF YEARS AND I'VE ALWAYS SAID THAT, YOU KNOW, OUR GOAL, WHAT WE'RE NEGOTIATING IS DIFFERENT THAN THE 2014 AGREEMENT.

BUT THE IDEA WOULD BE, IS IT A BUNDLE OF COMMUNITY BENEFITS AND LAND, ETC.? THAT'S SIGNIFICANTLY BETTER THAN A $10 MILLION ONE TIME PAYMENT AND TONIGHT, I THINK WE'RE RECOMMENDING TO YOU THAT WE THINK THIS SEASIDE OPTION REPRESENTS A SIGNIFICANTLY BETTER DEAL THAN JUST THE $10 MILLION.

WE'RE ASKING YOU TO GIVE US THE NEGOTIATING DIRECTION TO PROCEED FURTHER, IN THE DISCUSSIONS ABOUT SEASIDE OPTION, THE IDEA THAT WE'D RETURN TO THE CITY COUNCIL BY END OF MARCH WITH A FULLY, VETTED AND PUT DOWN ON PAPER AGREEMENT THAT CODIFIES, IF YOU WILL, THE POINTS OF THIS, SEASIDE OPTION THAT I'VE OUTLINED TONIGHT, IF WE'RE UNABLE TO REACH THAT AGREEMENT BY MARCH 31ST, THE COUNCIL COULD DECIDE TO, REASSESS THE NEGOTIATION EFFORTS AND MAKE A DECISION ABOUT WHETHER TO TERMINATE OR NOT. IF WE DID DECIDE TO TERMINATE AT THAT POINT, WE WOULD RECEIVE THE $10 MILLION FROM ENERGY AS PER THE SETTLEMENT AGREEMENT, ALTERNATIVELY, IF WE'RE CLOSE TO AN AGREEMENT, YOU COULD EXTEND THE MARCH DEADLINE, AND I GUESS AN OUTSIDE OPTION WOULD BE SEASIDE.

IT'S NOT GOING TO WORK.

MAYBE THERE'S A, YOU KNOW, A LAST FINAL OPTION.

NOT AWARE OF WHAT THAT WOULD BE, BUT THAT'S STILL OUT THERE FOR THE COUNCIL'S CONSIDERATION, NRG AND SDG&E REPRESENTATIVES ARE HERE TONIGHT AND THEY WILL BE ADDRESSING THE COUNCIL, WITH THAT, I'LL CONCLUDE AND ANSWER ANY QUESTIONS YOU MAY HAVE.

DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS.

SO IF YOU WANT TO ASK QUESTIONS OF ME NOW, OR DO YOU WANT TO HEAR FROM SDG&E AND LEAVE IT UP TO THE INDIVIDUAL COUNCIL MEMBER WHO THEY WANT TO ASK THE QUESTION OF, ANYBODY HAVE ANY QUESTIONS ON THE COUNCIL? MS. ACOSTA.

THANK YOU FOR THE PRESENTATION, MR. BARBERIO. AND I WANTED TO ASK JUST A COUPLE FOLLOW UPS BASED ON THE SLIDES AND THE STAFF REPORT.

WHEN I FIRST WAS PART OF THIS.

I REMEMBER THE EXPLORATION OF 11 JUST OVER THE PAST THREE YEARS THAT I'VE BEEN ON THE COUNCIL, THE EXPLORATION OF LOT 11 OR AT THE SHOPPES AT CARLSBAD, KIND OF ON THE BACKSIDE OF THAT PROPERTY, IF THEY HAD RELOCATED OVER THERE, HOW MUCH USABLE LAND WOULD HAVE BEEN AVAILABLE FOR CARLSBAD?

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AND MAYBE YOU COULD SHOW US THAT MAP AGAIN, BECAUSE YOUR MAPS ARE VERY HELPFUL.

YES. THANK YOU FOR THE QUESTION, IF WE RELOCATED THE SERVICE CENTER COMPLETELY OFF SITE, WE WOULD HAVE RECEIVED TITLE TO THE EXISTING SERVICE CENTER. ABOUT 16 ACRES THE CANNON PARK SITE, WHICH IS ABOUT 2.4 ACRES, SO TOTAL OF ABOUT.

18.5 ACRES, AND THEN THE NORTH SHORE BLUFF PARCEL, WHICH IS 5.76 ACRES.

SO ROUGHLY 2025 ACRES.

OKAY, GREAT.

AND JUST TO FOCUS ON THE PART HERE WHERE THEY WOULD BE MOVING THEIR FACILITIES, THEIR EXISTING FACILITIES, THAT 16 ACRES PLUS THE 2.4 CANON PARK ACRES, IS ABOUT 18.4 ISH.

HOW MUCH OF THAT IS USABLE? WE DON'T KNOW. PRETTY MUCH ALL OF IT.

OKAY. ALMOST ALL OF IT.

SO WE WENT FROM THE POTENTIAL TO USE 18.5, ACRES FOR THE COMMUNITY BENEFIT.

AND NOW WE'RE CONSIDERING THIS CURRENT RECOMMENDATION ON THAT SITE THERE, HOW MUCH? SIX GROSS, FIVE NET, FIVE ACRES NET.

AND WHY IS IT THAT IT'S FIVE ACRES NOW? WHAT IS THAT ONE ACRE LOSS? IS THAT WHERE THE PARKING LOT IS? IS IT LIKE A NON-USABLE FOR SOME REASON? USABLE, BUT, THE INTERSECTION OF CANNON ROAD AND LOS ROBLES, WE WOULD NEED TO CREATE ACCESS, IN THIS GENERAL LOCATION, BOTH FOR THE CITY'S LAND TO GET ACCESS TO CANNON ROAD AND FOR THE FUTURE DEVELOPMENT, REDEVELOPMENT OF THE ENERGY SITE. SO THAT'S ABOUT AN ACRE.

WE'RE ESTIMATING. WE DON'T KNOW THE DETAIL, BUT OKAY, LESS A LITTLE LESS THAN SIX, SIX ACRES.

OKAY. I'M JUST I MEAN, IT'S A BIG DIFFERENCE.

THE 18.5 ACRES THAT WE TALKED ABOUT OVER THE PAST THREE YEARS TO NOW WE'RE REDUCED TO ON THIS LOT, SIX ACRES, FIVE OF WHICH ARE USABLE.

AND THEN I WANTED TO LOOK AT THAT MAP AGAIN, THAT HAS THE NORTH SHORE BLUFF PARCEL, THAT 5.76 ACRE PROPERTY.

AND I KNOW YOU SHOWED US THE MAP, BUT IT SEEMED LIKE A LOT OF IT WAS UNDER WATER.

SO I WANT TO ASK HOW MUCH OF THAT WAS NOT UNDER WATER.

THAT WAS THE OTHER ONE THAT YOU SHOWED US THAT YOU SAID HAD BEEN ZONED FOR RESIDENTIAL, BUT THAT THE NEIGHBORS DIDN'T WANT IT.

YES. OKAY.

SO 5.76 ACRES.

THE AREA THAT PEOPLE KIND OF USE AS A BEACH VIEWING AREA IS A LITTLE OVER AN ACRE.

IT'S THE UPPER FLAT PART.

ALL OF THIS AREA HERE IS THE STEEP SLOPE DOWN TO THE TRAIL THAT'S ALONG THE LAGOON, SHORE.

AND THEN THE REST OF IT'S IN THE WATER.

SO THERE'S ABOUT AN ACRE OF USABLE LAND OF THAT 5.76.

SO ALTHOUGH IT SAYS 5.76 ACRE PROPERTY, LIKE USABLE IS REALLY JUST ABOUT AN ACRE.

OKAY. AND THEN FOR I'M JUST LOOKING THROUGH THE DEAL POINTS.

SO IN ADDITION TO THAT, SIX ACRES ON THE CURRENT PROPERTY, THAT INCLUDES CANYON PARK.

WE'RE LOOKING AT THIS ONE. THE OTHER BULLET POINT WAS THE HUB PARK THAT SDG&E WILL COOPERATE WITH THE CITY TO DEVELOP A TRAIL NETWORK IN THE HUB PARK LEASE AREA.

AND OBVIOUSLY WE REALLY WANT THAT.

BUT IF YOU COULD SHOW US THE MAP AGAIN FOR THAT ONE.

I BELIEVED THAT WE THAT THE REASON STEPHANIE WAS SAYING THAT THEY COULDN'T DO IT IS BECAUSE THERE WERE A LOT OF REASONS THEY FELT WERE NOT POSSIBLE UNDER CURRENT LAW, INCLUDING THE OVERHEAD LINES AND POTENTIAL, CULTURAL ARTIFACTS THAT WERE ON THAT SITE.

SO IS THIS EVEN POSSIBLE? IS THIS EVEN A DEAL POINT? LIKE HOW MUCH ARE IS THIS ACTUALLY GOING TO HELP US IF THE LAW IS GOING TO PREVENT US FROM DEVELOPING THIS? I'M JUST KIND OF WONDERING WHAT THE REALISTIC VIEW IS HERE.

SO THERE'S A COUPLE OF POINTS HERE.

ONE, THE EXISTING HUB PARK LEASE AREA.

WE REALLY DON'T HAVE ACCESS TO CANNON ROAD, SO WE CAN'T GET TO IT WITHOUT GOING ACROSS STATE PROPERTY, WHICH IS LOT 11, LOT 11 IS FROM A DEVELOPMENT STANDPOINT, STRUCTURES, BUILDINGS WOULD BE DIFFICULT TO DEVELOP, ARCHEOLOGICAL, PALEONTOLOGICAL AS WELL AS, BIOLOGICAL RESOURCES BUT WHAT WE'RE TALKING ABOUT WITH THIS KIND OF CONCEPTUAL LAYOUT IS USING EXISTING, EITHER SDG&E ACCESS ROADS OR, OLD FARM ROADS.

SO WE'RE TRYING TO LOCATE THE TRAIL IN THE MOST DISTURBED AREAS, WE'RE WORKING WITH SDG&E, THEY GENERALLY THEIR RULES.

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IT'S NOT LAW.

IT'S THEIR RULES FOR SAFETY AND ACCESS PURPOSES, FOR THEIR PURPOSE, WHICH IS, YOU KNOW, DELIVERING POWER.

THEY GENERALLY DON'T LIKE HAVING TRAILS WITHIN POWER LINE EASEMENTS.

AND THE BLUE CROSS HATCH AREA IS THE POWER LINE EASEMENT BUT PERPENDICULAR CROSSINGS OF THAT THEY CAN LIVE WITH AND WE CAN USE THEIR ACCESS ROADS THAT ARE THEIR DIRT ACCESS ROADS.

AS LONG AS WE DELINEATE A BOUNDARY BETWEEN THE TRAIL AND WHERE THE SERVICE MAINTENANCE VEHICLE WOULD TRAVEL.

SO, THESE ARE DISCUSSIONS WE'VE HAD WITH SDG&E WHAT WE END UP WITH MAY NOT LOOK EXACTLY LIKE THIS, BUT I FEEL CONFIDENT THAT THERE WILL BE A VERY REASONABLE AND WORKABLE AND A TRAIL SYSTEM WITH ACCESS THROUGH LOT 11 THAT THE COMMUNITY WOULD BE HAPPY TO BE ABLE TO ACCESS.

THAT'S GREAT NEWS.

THANK YOU. FROM WHAT I HAD RECALLED BEFORE, IT SEEMS LIKE THAT WE'RE NOT GOING TO BE ABLE TO DO THIS.

AND THE COMMUNITY REALLY WANTS THIS.

SO IT'S TOUGH.

SO THANK YOU FOR THE HOPE ON THAT ONE.

AND THEN I UNDERSTOOD THAT IRREVOCABLE OFFER OF DEDICATION.

THANK YOU FOR DESCRIBING THAT SO CLEARLY AND THEN LASTLY ON THE RIGHT OF WAY FRONTING, CAN YOU DESCRIBE AGAIN DON'T WE ALREADY HAVE THE ABILITY? I KNOW YOU MENTIONED THE EASEMENT, BUT DON'T WE ALREADY HAVE THE ABILITY TO DO WHAT WE NEED TO DO BECAUSE THAT ALREADY IS RIGHT OF WAY, THAT THE CITY CAN ACCESS TEN FEET IN FROM THE CURB. THAT'S AS IT IS FOR RESIDENTS.

SO WE HAVE THE ABILITY TO USE IT FOR ROADWAY TRANSPORTATION PURPOSES.

THAT'S IT. IT'S AN EASEMENT FOR THAT PURPOSE IF WE OWN IT AND.

IF CARLSBAD BOULEVARD OR CANNON ROAD WERE, REALIGNED OR, YOU KNOW, ROAD DIETED, WE COULD USE WE COULDN'T NECESSARILY USE THAT AVAILABLE LAND FOR SOMETHING ELSE BESIDES ROADWAY.

IF WE OWN IT, WE COULD.

SO IT GIVES US SIGNIFICANTLY MORE FLEXIBILITY IN THE FUTURE.

OKAY. THANKS FOR WALKING THROUGH THE POINTS.

THEY CERTAINLY DON'T SEEM TO ADD UP TO QUITE AS MUCH AS WE WOULD HAVE HAD SDG&E RELOCATED, BUT THIS IS VERY HELPFUL.

THANKS, MISS BHAT-PATEL.

I KNOW THIS SOUNDS A LITTLE SARCASTIC, BUT WE'RE GETTING ABOUT A THIRD OF WHAT WE HOPED WE WERE GOING TO GAIN.

WAS THERE ANYTHING IN THERE THAT SAYS THEN WE GET TWO THIRDS OF THE $10 MILLION? OR DOES IT HAVE TO BE JUST A NO? COMPLETELY. NO, THERE IS NOTHING ABOUT TWO THIRDS.

THERE'S NO PRORATION OR ANYTHING LIKE THAT.

BUT THE WAY THE AGREEMENT WAS WRITTEN, AT ANY POINT IN TIME, THE CITY OR SDG&E COULD, IN ESSENCE, THROW IN THE TOWEL ON RELOCATION.

SDG&E HASN'T DONE THAT AND NEITHER HAS THE CITY YET, BUT IT'S YOU KNOW WHAT? WE'RE REALLY SO WE COULD GET NOTHING BUT 10 MILLION, OR WE CAN GET.

OKAY. WHAT WHAT WE CAN GET IN THIS OKAY OPTION.

RIGHT. SO THOSE ARE KIND OF THE TWO CHOICES.

SO YOU'RE REALLY WEIGHING $10 MILLION ONE TIME PAYMENT AGAINST RIGHT.

YOU'RE NOT REALLY WEIGHING IT AGAINST WHAT WE COULD HAVE HAD.

IT'S AT ANY POINT IN TIME IT COULD HAVE BEEN JUST $10 MILLION.

GREAT. THANK YOU, THAT'S THE END OF THE QUESTION.

DOES ANYBODY HAVE ANY CLOSING COMMENTS? WELL FOR ME, EVERYTHING.

THE DEVIL'S IN THE DETAILS.

AND CONTRACTUALLY. AND FOLLOWING UP ON COUNCIL MEMBER ACOSTA'S COMMENTS, MY GENERAL CONCERN IS THAT, YOU KNOW, WE HAVE THE MIDDLE PORTION OF THE LAGOON.

WE HAVE THE INNER PORTION OF THE LAGOON, WHY DO WE NEED THAT? WHAT DOES THAT DO FOR US? ARE WE PICKING UP MORE, LIABILITY IN RESPONSIBILITY THAN WE'RE GETTING IN RETURN? SO ONCE AGAIN, I'M VERY ANXIOUS TO SEE WHAT THE PROVISIONS ARE IN THE CONTRACTS.

AND, ALSO, GARY, I WOULD LIKE TO LOOK AT WHAT OPTIONS THE CITY WOULD HAVE.

SO FOR EXAMPLE, WE HAVE THAT OPEN SPACE PORTION, ALONG THE LAGOON, HOW DOES THAT HELP OUR OPEN SPACE NUMBERS? I'M NOT MAKING THE CONNECTIVITY OF THE BENEFITS TO THE PUBLIC.

BENEFITS TO THE CITY IF WE'RE ASSUMING MORE LIABILITY OR MORE MANAGEMENT OR OPERATIONS.

I JUST NEED TO SEE SOME SORT OF ANALYSIS ON THAT.

THE CITY MANAGER BROUGHT TO MY ATTENTION THAT WE HAVE A COUPLE OF REPRESENTATIVES FROM SDG&E, AND I'M SORRY I DIDN'T GIVE THEM THE OPPORTUNITY TO SPEAK.

[01:50:04]

IS THERE ANYTHING THAT THEY WOULD LIKE TO ADD? OKAY, THEN WHAT WE'LL DO IS, AS WE GO THROUGH, IF THERE'S SOMETHING THAT COMES UP, I WILL GIVE YOU THE OPPORTUNITY AT THE CONCLUSION OF OUR CLOSING.

OKAY. THANK YOU, MISS BURKHOLDER, MISS ACOSTA.

THANK YOU AND THANKS AGAIN TO THE TEAM.

I KNOW I JUST THANK MR. BARBERIO, BUT I KNOW THAT IT WAS NOT JUST OUR CITY ATTORNEY, BUT THE OTHER PARTY'S ENERGY AND SDG&E WHO CAME TOGETHER AND TRIED TO COME TO SOME COMPROMISE AGREEMENT. SO I WANT TO THANK THEM ALL FOR DOING THAT.

I HEARD LOUD AND CLEAR THAT THE BUNDLE OF COMMUNITY BENEFITS IS GREATER THAN $10 MILLION FOR THE CITY, AND SO, ALTHOUGH IT'S FRUSTRATING AND DISAPPOINTING TO NOT HAVE THE AMOUNT OF LAND AVAILABLE.

IN FRONT OF THE OCEAN, YOU KNOW, RIGHT THERE.

AND TO HAVE STILL PART OF IT BE USED FOR INDUSTRIAL PURPOSES.

IT'S BETTER THAN, NOT HAVING IT AVAILABLE AND JUST GETTING THE $10 MILLION.

SO I AM IN AGREEMENT THAT WE SHOULD MOVE FORWARD WITH THIS.

I DO THINK THAT WE NEED TO HAVE A VERY FIRM MARCH DEADLINE.

WE KEEP PUSHING THE DEADLINES AGAIN AND AGAIN.

THAT'S ALSO FRUSTRATING, TO KEEP HAVING IT COME BACK TO COUNCIL WITH ANOTHER DELAY OR EXTENSION.

SO LET'S BE FIRM AND THEN LET'S HAVE IT CLEARLY ARTICULATED IN THE AGREEMENT THAT THESE THINGS ARE GOING TO HAPPEN, THAT, YOU KNOW, NO LOOPHOLES LIKE NO FLEXIBILITY, YOU KNOW, REALLY JUST OR, YOU KNOW, AS TIGHT AS WE COULD POSSIBLY MAKE IT THAT THE PARTIES WILL ALL AGREE TO, BECAUSE I AM CONCERNED THAT SOME OF THESE THINGS WILL SLIP AWAY IF WE DON'T DO THAT.

THANK YOU, MISS BHAT-PATEL.

YES. THANK YOU.

AND THANK YOU FOR THE PRESENTATION.

AND THANK YOU TO STAFF AND OF COURSE, THE OTHER PARTIES THAT ARE HERE TODAY.

I KNOW THIS HAS BEEN A LONG TIME COMING AND A PROCESS.

AND SO REALLY LOOKING FORWARD TO BEING ABLE TO SUPPORT THIS.

IT'S OF COURSE NOT INITIALLY WHAT WE THOUGHT WE WOULD END UP WITH, BUT OBVIOUSLY AS WE ENDED UP HAVING THOSE CONVERSATIONS, WE'VE COME UP WITH THE SOLUTION.

AND I THINK THAT, YOU KNOW, AFTER ALL OF THE POLLS AND STOPS, I DO THINK THIS WILL BE A GOOD DECISION FOR US TO MOVE FORWARD WITH.

LOOKING FORWARD TO THE MARCH DEADLINE AS WELL.

I DO THINK THAT WE NEED TO STAY FIRM ON THAT ALSO.

SO WHEN YOU ALL BRING THAT BACK TO US, I LOOK FORWARD TO SUPPORTING IT AT THAT POINT.

THANKS. I FEEL A LITTLE BIT LIKE I WAS PSYCHED INTO THINKING, I'M GOING TO GET A MERCEDES, AND NOW YOU'RE GIVING ME A KIA BUT NOW I'VE BEEN TOLD.

TAKE THE KIA OR DON'T TAKE ANYTHING.

SO I DON'T I'M NOT REALLY THRILLED ABOUT THIS OUTCOME.

BUT I TRUSTED OUR NEGOTIATORS TO DO THE BEST THEY CAN.

I TRUSTED SDG&E, TO BE FAIR WITH US.

AND IF OUR NEGOTIATORS SAY THIS IS THE BEST WE'RE GOING TO GET, THEN I'M GOING TO HAVE TO TAKE THE KIA.

OKAY, I PROMISED LAST MINUTE COMMENTS FROM SDG&E REPRESENTATIVES.

DO YOU HAVE ANY? YOU DON'T HAVE TO.

I'M JUST OFFERING. COME TO THE MICROPHONE, PLEASE.

YEAH I KNOW. YEAH.

THANK YOU. AND I REALLY, I THINK, GARY COVERED ALL OF THE SORT OF POINTS OF NEGOTIATION, BUT I MAINLY WANTED TO SHOW MY APPRECIATION ON BEHALF OF SDG&E FOR THE PATIENTS.

I KNOW. IT'S BEEN A LONG CONVERSATION THAT PREDATED MOST OF US IN THE ROOM.

SO, THANK YOU FOR THAT.

I THINK I ALSO IT'S A REAL TRIBUTE TO BOTH THE CITY AND NRG.

WE'VE SPENT A LOT OF TIME, 18 MEETINGS, I THINK, SINCE THE LAST TIME WE CAME TO HAVE A CONVERSATION WITH YOU ALL.

AND REALLY, THE FOCUS IN THE LAST SIX MONTHS OR SO HAS BEEN, WHAT CAN WE DO TO MAXIMIZE THE BENEFITS FOR THE CITY? SO THERE WAS A LOT OF CONVERSATION.

AND WE FEEL GOOD ABOUT, THE BENEFITS THAT GARY WENT THROUGH.

AND WE LOOK FORWARD TO WE, I THINK, SHARE THE SENTIMENT THAT THE MARCH 31ST DEADLINE IS A GOOD ONE TO STICK TO.

I'LL JUST REMIND EVERYBODY THERE IS THE ADDITIONAL PUC, REGULATORY PROCESS THAT DOES TAKE SOME TIME, BUT WE ARE ALL CONFIDENT THE THREE PARTIES HERE THAT WILL MEET THE DEADLINE AND COMING UP WITH TERMS WE CAN AGREE TO, WHICH WOULD THEN GO TO THE CPUC.

SO WITH THAT, AGAIN, I JUST WANT TO THANK EVERYBODY HERE FOR THE TIME, AND I'LL LET NRG SAY A FEW WORDS IF JOHN, YOU WANTED TO SAY.

HEY, IT'S JOHN CELLINI WITH NRG, AND I GUESS ONE THING I JUST WANTED TO NOTE IS IT WAS ROUGHLY, WELL, NOT ROUGHLY, ALMOST EXACTLY

[01:55:05]

TEN YEARS AGO TO THE DATE THAT I WAS HERE ASKING YOU FOR YOUR APPROVAL FOR THE SETTLEMENT AGREEMENT, A FEW OF YOU WERE HERE, AND I WOULD LOVE NOTHING BETTER THAN TO CLOSE THIS FINAL CHAPTER OF THAT SETTLEMENT AGREEMENT IN A GOOD WAY.

THAT WORKS. AND I CAN SAY, HAVING BEEN A PART OF THIS FOR TEN YEARS, THIS IS THE FIRST TIME, THAT WE ACTUALLY HAVE A PATH FORWARD THAT I THINK IS GOING TO WORK. SO, I APPRECIATE YOUR SUPPORT ON THE NEXT PHASE OF THIS, AND WE'RE COMMITTED TO DOING WHATEVER WE NEED TO COLLECTIVELY TO COME BACK TO YOU IN MARCH WITH A FINAL AGREEMENT.

THANK YOU. MOTION, PLEASE.

YES, I'LL GO AHEAD AND MOVE THIS, STAFF RECOMMENDATION THAT WE HAVE BEFORE US.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

[13. REORGANIZATION OF THE CITY COUNCIL AND CMWD BOARD, ELECTION OF MAYOR PRO TEMPORE AND BOARD PRESIDENT AND VICE PRESIDENT, REGIONAL COMMITTEE ASSIGNMENTS AND SUBCOMMITTEE ASSIGNMENTS]

ITEM NUMBER 13 IS A REORGANIZATION OF THE COUNCIL, I BEFORE WE HAVE SHEILA PRESENT, IS IT INAPPROPRIATE FOR ME TO GIVE MY SUGGESTION? AND THAT WAS THAT WE LEAVE EVERYTHING THE WAY IT IS.

UNLESS ONE OF THE COUNCIL MEMBERS HAS A CONCERN WITH THEIR CURRENT ASSIGNMENT AND THEN AFTER WE HAVE ANOTHER ELECTION, WE'RE GOING TO HAVE A MINIMUM OF ONE NEW COUNCIL MEMBER, UNLESS WE CAN TALK YOU INTO RUNNING AGAIN.

SO RATHER THAN HAVING A PRESENTATION, IS THAT AGREEABLE WITH THE COUNCIL? SO I'LL ASK. TECHNICALLY, I COULD TAKE SPEAKERS, BUT IT TECHNICALLY IS THAT GOING TO BE SATISFACTORY OR DO WE HAVE TO TAKE A PRESENTATION FROM SHEILA? YOU DON'T HAVE TO TAKE A PRESENTATION, BUT YOU DO HAVE TO HEAR PUBLIC COMMENT AND WE WILL, I BELIEVE WE IF THAT IS YOUR DIRECTION, WE'D STILL WANT YOU TO, YOU KNOW, MAKE A MOTION, ADOPT THE RESOLUTIONS.

YEAH. OKAY.

SPEAKERS, PLEASE. KEVIN SABELLICO.

GOOD EVENING, MAYOR.

MEMBERS OF THE COUNCIL.

VERY FESTIVE SUIT.

MR. CHADWICK, MY NAME IS KEVIN SABELLICO.

I'M A RESIDENT OF DISTRICT TWO.

I URGE YOU TO APPOINT A QUALIFIED, KNOWLEDGEABLE AND CONSENSUS DRIVEN COUNCIL MEMBER TO BE OUR REPRESENTATIVE ON SANDAG.

SANDAG IS DEALING WITH A LOT OF PROBLEMS RIGHT NOW.

THE CEO RESIGNED EARLY.

ONE BOARD MEMBER WAS JUST INDICTED FOR FRAUD, AND THERE'S STILL NO PLAN ARTICULATED FOR HOW EXACTLY WE'RE GOING TO BALANCE OUR REVENUES AND OUR EXPENDITURES TO FUND OUR REGIONAL TRANSPORTATION PLAN.

THIS IS AN IMPORTANT TIME FOR CARLSBAD TO HAVE A STRONG VOICE ON THE SANDAG BOARD OF DIRECTORS.

I DON'T BELIEVE THAT'S WHAT WE HAVE.

OUR CURRENT REPRESENTATIVE ON SANDAG, PRAISED THE VERY SAME BOARD MEMBERS WHO WALKED OUT OF THE ORGANIZATIONAL BOARD MEETING IN PROTEST.

THEY WALKED OUT OF THE MEETING, TURNED THEIR BACK ON THEIR CONSTITUENTS.

AND THESE ARE THE PEOPLE WHO ARE REPRESENTATIVE ALLIES WITH ON THE BOARD.

OUR REGION DOES NOT BENEFIT FROM A ROARING BOARD ON OUR REGIONAL TRANSPORTATION PLANNING BOARD, AND IT DEFINITELY DOESN'T BENEFIT FROM ABSENT LEADERSHIP.

SO I URGE YOU TO PLEASE APPOINT A QUALIFIED, SERIOUS ADVOCATE FOR OUR CARLSBAD'S INTERESTS ON THE SANDAG BOARD OF DIRECTORS.

THANK YOU. ANY CONVERSATION.

ABOUT A MOTION. I'LL MAKE THE MOTION THAT.

AND SO EVERYBODY'S HAPPY WITH THEIR CURRENT ASSIGNMENTS.

THEN MY MOTION IS THAT WE CONTINUE WITH THE CURRENT ASSIGNMENTS FOR THE NEXT YEAR.

SECOND, IF I COULD CLARIFY.

SO WOULD BE ADOPTING ALL OF THE RESOLUTIONS THAT ARE IN THAT AGENDA ITEM.

BUT WITH THE BLANKS FILLED IN WITH THE CURRENT INCUMBENTS FOR THOSE POSITIONS.

YES. GOT A MOTION AND A SECOND.

OKAY. THANK YOU.

PLEASE VOTE. PASSES UNANIMOUSLY.

AND THAT BRINGS US TO THE CONCLUSION OF OUR MEETING.

EXCUSE ME. THERE WAS ACTUALLY ONE ADDITIONAL RESOLUTION THIS TIME AROUND THAT YOU GUYS DID NOT ADDRESS THE LAST TIME, AND IT WAS TO ADOPT A NEW CARLSBAD MUNICIPAL WATER DISTRICT BOARD RESOLUTION, APPOINTING ONE MEMBER OF THE BOARD TO SERVE AS THE PRESIDENT AND ONE MEMBER AS THE VICE PRESIDENT.

HISTORICALLY, THE MAYOR AND THE MAYOR PRO TEM SERVED IN THOSE ROLES, BUT ACCORDING TO THE CALIFORNIA WATER CODE, WE ACTUALLY NEED TO HAVE A RESOLUTION FOR THAT.

SO IF YOU COULD JUST MAKE A MOTION APPOINTING THE MAYOR AS THE PRESIDENT AND THE MAYOR PRO TEM AS THE VICE PRESIDENT, THAT WOULD SERVE OUR NEEDS, THAT WILL BE MY MOTION A SECOND. PLEASE VOTE.

THANK YOU, SHEILA.

THAT'S WHY WE KEEP YOU.

OKAY, NOW WE'RE AT THE CONCLUSION OF OUR AGENDA.

[COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]

[02:00:03]

FINAL THOUGHTS, MISS LUNA? MISS BURKHOLDER? THANK YOU. I THOUGHT THIS WAS A VERY PRODUCTIVE MEETING THIS EVENING.

I JUST WANT TO WISH EVERYONE HAPPY HOLIDAYS.

WE WON'T BE RECONVENING UNTIL JANUARY, AND THAT INCLUDES SANDAG.

SO ENJOY YOUR HOLIDAYS.

MISS ACOSTA. THANK YOU, WE TALKED ENOUGH ABOUT THE LEGISLATIVE SUBCOMMITTEE TODAY, SO I'M NOT GOING TO GIVE THAT REPORT FROM OUR MEETING.

BUT WE DID ALSO HAVE THE LEAGUE OF CALIFORNIA CITIES MEETING.

WE, AND THE WATER AUTHORITY.

IT HAS BEEN IN CONVERSATIONS ABOUT HAVING A MEETING OVER THE HOLIDAYS, BUT I DON'T THINK THAT'S GOING TO HAPPEN.

SO IT LOOKS LIKE EVERYBODY'S GOT A HIATUS UNTIL THE NEW YEAR.

SO NO ADDITIONAL REPORT AND HAPPY HOLIDAYS.

MISS BHAT-PATEL? YES.

THANK YOU. WE'VE HAD QUITE A FEW MEETINGS FOR NCTD, I, WE HAD A PERFORMANCE ADMINISTRATION AND FINANCE COMMITTEE MEETING LAST WEEK.

WE HAVE A BOARD MEETING NEXT WEEK, AS COUNCIL MEMBER ACOSTA MENTIONED, WE DO HAVE WE DID HAVE A CAL CITIES DIVISION MEETING, AND I'LL BE SERVING AS OUR DIVISION PRESIDENT AGAIN THIS COMING YEAR.

SO LOOKING FORWARD TO THAT.

I KNOW UPCOMING, WE HAVE THE ECONOMIC DEVELOPMENT SUBCOMMITTEE MEETING ON MONDAY, WHICH THE MAYOR AND I SIT ON.

AND THEN I MENTIONED ALREADY NCTD NEXT THURSDAY, AND THEN HOPEFULLY IT CLOSES IT OUT UNTIL WE SEE YOU ALL NEXT YEAR.

HAPPY HOLIDAYS AND HAPPY NEW YEAR.

AND THE FOLLOWING ANNOUNCEMENTS ARE THURSDAY, DECEMBER 14TH, 11:30 A.M.

[ANNOUNCEMENTS]

NORTH COUNTY ECONOMIC DEVELOPMENT AWARDS LUNCHEON.

THE SEABIRD RESORT, 101 MISSION IN OCEANSIDE.

NEXT ONE IS THURSDAY, DECEMBER 14TH AT 5:30 P.M.

CARLSBAD LIBRARY AND ARTS FOUNDATION SOCIAL EVENT AT THE CARLSBAD CITY LIBRARY AT 1775 DOVE LANE IN CARLSBAD.

AND FINALLY, TUESDAY, DECEMBER 19TH AT 7:00 AM.

CITY OF CARLSBAD HOLIDAY BREAKFAST AND SERVICE AWARD RECOGNITION CEREMONY THAT WILL BE AT THE OMNI LA COSTA RESORT, 2100 COSTA DEL MAR ROAD IN CARLSBAD. CITY MANAGER JUST HAPPY HOLIDAYS.

[CITY MANAGER COMMENTS]

CITY ATTORNEY. YES.

[CITY ATTORNEY COMMENTS]

JUST ONE THING, MAYOR. BEFORE YOU ALL MEET AGAIN, WE WILL BE LOSING ONE OF OUR VALUED MEMBERS OF THE CITY ATTORNEY'S OFFICE.

SENIOR ASSISTANT CITY ATTORNEY RON KEMP WILL BE RETIRING AT THE END OF THE YEAR.

HE HAS SERVED THE CITY FOR ALMOST 20 YEARS.

HE'S DONE ALMOST EVERY POSITION THAT WE HAVE IN THE OFFICE.

HE WANTED TO RETIRE LAST YEAR, BUT HE GAVE ME ANOTHER YEAR SO THAT I COULD GET A GOOD START IN THIS POSITION, AND WE'RE REALLY GOING TO MISS HIM AND ALL THE SERVICE THAT HE'S PROVIDED, BUT WE WISH HIM WELL IN HIS RETIREMENT AND HAPPY HOLIDAYS.

THANK YOU, CITY CLERK.

[CITY CLERK COMMENTS]

HAPPY HOLIDAYS. HO HO HO.

WE'RE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.