I'M CALLING TONIGHT'S MEETING TO ORDER. [CALL TO ORDER] [00:00:06] PLEASE TAKE ROLL. CALL]. ALL FIVE COUNCIL MEMBERS ARE PRESENT. NEXT IS THE PLEDGE CITY MANAGER, WILL YOU PLEASE LEAD US IN THE PLEDGE? PLEASE. YOUR RIGHT HAND OVER YOUR HEART. READY? BEGIN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. NEXT IS THE APPROVAL OF THE MINUTES OF THE REGULAR MEETING HELD JUNE 25TH 24. [APPROVAL OF MINUTES] REGULAR MEETING HELD JULY 1624. CITIZEN OF THE YEAR. SPECIAL MEETING HELD JULY 23RD OF 24 AND SPECIAL MEETING HELD JULY 23RD OF 24. MOVE APPROVAL OF THE MINUTES AS RECITED BY THE MAYOR. SECOND. PLEASE VOTE. THAT PASSES UNANIMOUSLY. [PUBLIC COMMENT] NEXT IS PUBLIC COMMENT. I HAVE TO READ THE FOLLOWING. THE BROWN ACT AND THE CITIES MEETING RULES ALLOW MEMBERS OF THE PUBLIC TO COMMENT ON ITEMS, NOT ON THE AGENDA, AS LONG AS THE COMMENTS ARE REGARDING MATTERS WITHIN THE CITY COUNCIL'S SUBJECT MATTER JURISDICTION. MEMBERS OF THE PUBLIC MAY ALSO COMMENT ON AGENDA ITEMS AS LONG AS THE COMMENTS RELATE TO THE QUESTION OR MATTER UNDER CONSIDERATION. INFORMATION ON HOW TO PARTICIPATE IN THE MEETING IS ON THE FRONT PAGE OF THIS AGENDA. THE CITY COUNCIL RECEIVED NONAGENDA PUBLIC COMMENTS FOR A TOTAL OF 15 MINUTES. AT THE BEGINNING OF THE MEETING, THE CITY COUNCIL RECEIVED ANY ADDITIONAL NON-AGENDA COMMENTS AT THE END OF THE MEETING IN CONFORMANCE WITH THE BROWN ACT, NO ACTION MAY OCCUR ON NON-AGENDA ITEMS. WHEN MAKING YOUR COMMENTS, PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT. 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 THE 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 2.5 MINUTE MARK. THE LIGHT WILL TURN YELLOW, GIVING YOU NOTICE THAT YOU ONLY HAVE 30S LEFT. I'VE ASKED THE CLERK TO TURN OFF THE MICROPHONE AT THE END OF THE THREE MINUTES. THAT WAY EVERYBODY GETS EXACTLY THE SAME AMOUNT OF TIME TO SPEAK. PLEASE CALL THE FIRST SPEAKER, MARY LUCID, FOLLOWED BY MARY SOREM. SARUM. GOOD EVENING, CITY COUNCIL MEMBERS. I AM VERY UNHAPPY TO BE SUSPENDED FOR NINE MONTHS FROM THE SENIOR CENTER ESPECIALLY SINCE I'M A GRADUATE OF THE CITIZENS ACADEMY WHEN I LIVED HERE IN CARLSBAD. AND I WONDER WHAT THE REMAINING COUNCIL MEMBERS ARE GOING TO DO ABOUT RESOLVING ISSUES WITH SENIORS WITHOUT BANNING THEM. CHRIS HAZELTINE, NOW CITY MANAGER OF POWAY, NEVER HAD TO BAN SOMEONE FOR 30 DAYS OR NINE MONTHS. SO WHAT ARE THE RUNNING MEMBERS FOR THE CITY COUNCIL GOING TO DO ABOUT. SAVING SENIORS FROM ABUSE AT THE SENIOR CENTER BECAUSE OF NERVOUS OR ILL TRAINED PEOPLE WHO SEEM TO FEEL FRIGHTENED. AND I KNOW I'M SCARY, BUT YOU DON'T HAVE TO WORRY. ALL MY KNIVES ARE IN THE KITCHEN AND I DON'T OWN A GUN. I'M JUST A SENIOR LOOKING FOR A PLACE TO HAVE SOME FUN AND TO BE WITH PEOPLE THAT I HAVE MET OVER THE YEARS. WHY SHOULD PARK AND REC NOT BE ABLE TO ACCOMMODATE OR MEDIATE AU MEDIATORS? WE HAVE THOSE DISPUTES. AND WHY SHOULD ADMINISTRATORS FROM PARK AND REC AUTOMATICALLY BE BELIEVED? OH, SHE WALKS AGGRESSIVELY. I ADMIT I'M IRISH. I CAN BE A LITTLE AGGRESSIVE, BUT I DON'T BITE. AND I MAY SAY THINGS YOU DON'T WANT TO HEAR, BUT I THOUGHT THE CITIZEN'S ACADEMY INVITED PEOPLE TO [00:05:05] CONTRIBUTE. SO WHAT ARE YOU CONTRIBUTING TO THE SAFEGUARDING OF SENIORS BEING ABLE TO GO TO THE SENIOR CENTER WITHOUT BEING ACCUSED OF WALKING AGGRESSIVELY. I AM NOW WALKING PRETTY WELL AFTER SURGERY AND I'M DOING WELL, BUT I HAVE NO POLICE RECORD AND I'VE NEVER THREATENED A CITY EMPLOYEE. YET THERE'S STILL TIME. BUT I THINK IT'S TIME FOR THE CITY COUNCIL. WHO WANTS TO DO SOMETHING FOR A PERCENTAGE OF THE POPULATION CALLED SENIORS TO GET IT TOGETHER AND MEDIATE ANY DISPUTES AND UPGRADE TRAINING FOR SENIORS AND FOR STAFF WHO MAKE $65,000 A YEAR TO BAN PEOPLE TO SAVE WORK. THANK YOU. PAUL PARKER. GOOD EVENING, MAYOR BLACKBURN. SOME OF YOU KNOW ME. I'VE BEEN HERE 16 YEARS. 15 YEARS SINCE. BUT, LOIS, I'VE BEEN CONCERNED ABOUT TRAFFIC. I'M A SCIENTIST, NOT A POLITICIAN. YOU SEE MY REPORT? I INTENTIONALLY DIDN'T COME HERE. IN THE PAST TWO YEARS, SINCE MR. BLACKBURN BECAME OUR MAYOR, I'VE MET WITH SCOTT, TOM, NESTOR. MY CONCERN IS JUST TRAFFIC. I HAVE NO IDEA. WE LIVE IN A ROLE MODEL CITY. I NEVER KNEW THAT THIS LADY HAS A CONCERN. AND THAT TOUCHED MY HEART. SO HOPEFULLY YOU FOLKS WILL TAKE ACTION. WHAT AM I GOING TO TELL YOU? I GAVE OUR CITY AFTER SPENDING EIGHT, NINE, TEN, $12 MILLION, GIVE AND TAKE. I CAN NEVER GET A STRAIGHT ANSWER FROM MY CITY, BUT THE ADOPT MY APOLOGY. BUT THE ADOPTIVE SYSTEM WAS MY APOLOGY. BUT THE ADOPTIVE SYSTEM DUCKBILLS A PURCHASE HERE. A MAIER BLACKBURN WAS A COUNCIL MEMBER. I DON'T BELIEVE ANY OF YOU WERE HERE. COST $2.7 MILLION. SO THE GREAT I GIVE OUR CITY. I'M A PROFESSOR. I GRADE OUR CITY JUST FOR TRAFFIC SYNCHRONIZATION. EMISSION REDUCTION. WE ARE MUCH BETTER THAN OTHER CITIES. SO WHEN SOMEONE GOVERNMENT OFFICIAL, NOT TO MENTION HIS HER NAME SAYS WE ARE BETTER THAN OUR CITY. I SAID NO KIDDING. VISTA DEL MAR DID IT AND SPENT $1,015 MILLION. WE ARE CARLSBAD, SO WE ARE STAGNANT. THE BEST GRADE I CAN GIVE MAIER BLACKBURN AND THE COUNCIL AND SCOTT. WONDERFUL GUY. EVERYBODY MEANS WELL. EVERYBODY IS WELL. BUT WE ARE LIKE, SPINNING OUR WHEELS. SO I'M HERE TO ASK MAIER MAIER BLACKBURN, PLEASE. YOU GOT TO HOLD YOUR TRAFFIC STAFF ACCOUNTABLE TO PERFORMANCE. THEY MAKE THE MEGA BUCKS JOKINGLY, SO THEY SHOULD BE HELD ACCOUNTABLE. EVERYTHING IS IN THE REPORT. THE GREAT THAT I CAN GIVE YOU GUYS HASN'T CHANGED IN 14 YEARS. WE WERE JUST. JUST FLOATING. WE ARE REACTIVE. WE NEVER PROACTIVELY DO ANYTHING. IS A C PLUS AT TIMES A B MINUS FOR 19 HOURS A DAY. THE CITY SIGNALS ARE NOT SYNCHRONIZED. LAST TWO OF THE COUNCIL MEMBERS I KNOW AND I WILL RESPECT FOR EVERYONE THOSE PEOPLE WHO APPROVE REPUBLIC IS A DISASTER. REPUBLIC GARBAGE. IT WAS CHEAPER. YOU GUYS DECIDED TO GIVE IT TO THEM. I AM SUGGESTING THAT THE COUNCIL RECONSIDER THE CONTRACT WITH REPUBLIC. I CAN'T TALK ABOUT FRIENDS OF MY STREETS. BUT WE ARE. THEY THROW THE GARBAGE CANS AND I HAVE. THEIR REPUBLIC IS A DISASTER. THOSE WHO VOTED FOR YOUR TIME HAS EXPIRED, SIR. SORRY ABOUT THAT. THANK YOU. I. THANK YOU SIR. YOUR TIME HAS EXPIRED. KELLY MCCORMICK, FOLLOWED BY VANESSA FORSYTHE. GOOD EVENING. MY NAME IS KELLY MCCORMICK. AND TONIGHT I'M SPEAKING AS A VOLUNTEER WITH THE AMERICAN CANCER SOCIETY. THIS SATURDAY, I WILL BE JOINING HUNDREDS OF OTHER NORTH COUNTY RESIDENTS FOR THE AMERICAN CANCER SOCIETY RELAY FOR LIFE, WHICH WILL BE HELD FOR THE FIRST TIME AT CARLSBAD'S ARMY AND NAVY ACADEMY. IF YOU HAVE BEEN TOUCHED BY CANCER OR HAVE CARED FOR A FRIEND, FAMILY MEMBER, COWORKER OR NEIGHBOR WITH CANCER, WE INVITE YOU TO JOIN US FOR THE RELAY. [00:10:06] THIS EVENT IS MORE THAN JUST A WALK. IT IS A VOLUNTEER LED MOVEMENT THAT UNITES NORTH COUNTY COMMUNITIES AND CELEBRATING CANCER SURVIVORS, REMEMBERING LOVED ONES LOST TO CANCER, AND RAISING FUNDS TO IMPROVE THE LIVES OF PEOPLE WITH CANCER AND THEIR FAMILIES. LAST YEAR'S RELAY SUCCESSFULLY RAISED MORE THAN $230,000 FOR ACS PROGRAMS, INCLUDING HOPE LODGE, A FREE LODGING PROGRAM FOR PATIENTS WHO NEED TO TRAVEL TO AND FROM TREATMENT AND ROAD TO RECOVERY, PROVIDING VOLUNTEER DRIVERS TO GET PATIENTS TO AND FROM THEIR APPOINTMENTS, ALONG WITH PEER SUPPORT PROGRAMS, A 24 OVER SEVEN CANCER HELPLINE AND FUNDS FOR CANCER RESEARCH. WE ARE PROUD TO HOST THIS EVENT IN DOWNTOWN CARLSBAD AT THE ARMY NAVY ACADEMY. WE LOOK FORWARD TO BUILDING COMMUNITY AND INCREASING THE OUTREACH IN NORTH COUNTY. WE WELCOME COMMUNITY MEMBERS TO DROP IN, WALK A LAP AND PARTICIPATE IN THE MANY ACTIVITIES, INCLUDING A KIDS ZONE, A VISIT FROM THE FIRE DEPARTMENT, LIVE BANDS, A FAMILY MOVIE, AND MORE SOLEMN EVENTS SUCH AS THE AFTER DARK LUMINARIA WALK. THE EVENT BEGINS AT NOON AND WE HOPE TO SEE YOU THERE. THANK YOU. GOOD EVENING. MY NAME IS VANESSA FORSYTHE, AND I RESIDE IN CARLSBAD. I WANTED TO SAY THAT I HAVE NOTICED SOME IMPROVEMENT IN TERMS OF THE YOUNG RIDERS ON E-BIKES. I THINK THERE MIGHT BE SOME NEED FOR REMEDIATION WHEN TRAINING WHEN THEY START SCHOOL AGAIN. BUT YEAH, SAFETY IS ALWAYS A PRIME CONCERN. AND I'M HOPING THAT PARENTS WHO HAVE CHILDREN WHO ARE LESS THAN, YOU KNOW, 12 YEARS OLD. THEY SHOULD BE OLDER THAN 12 BEFORE THEY'RE OUT THERE ON E-BIKES IN TRAFFIC. I ALSO WANTED TO ADDRESS THE CLIMATE ACTION PLAN. I SPOKE TO THAT SOMEWHAT LAST TIME. SPECIFICALLY TO ASK THAT WE DO GET THE QUARTERLY SUSTAINABILITY NEWSLETTERS PUBLISHED. I DON'T SEE THAT AS HAPPENING REGULARLY, AND I THINK THAT INFORMATION IS IMPORTANT TO THE PUBLIC IN TERMS OF OUTREACH AND EDUCATION AND LETTING THEM KNOW WHAT THE CITY IS DOING. AND ALSO, I KNOW THERE'S EFFORTS ON MAKING A DASHBOARD SPECIFIC ABOUT SUSTAINABILITY AND ENVIRONMENTAL ENVIRONMENTAL IMPACT. AND I THINK THAT IS ESSENTIAL AND, YOU KNOW, ENCOURAGE YOU TO DO THAT AS SOON AS POSSIBLE. LASTLY, I'M JUST GOING TO MENTION AGAIN ABOUT SYNTHETIC TURF AND WHY THAT IS NOT A GOOD OPTION IN TERMS OF OUR PLAYING FIELDS AND IN TERMS OF WHERE WE BUILD PLAY STRUCTURES THAT THAT IS USED BECAUSE AGAIN, IT HAS TOXIC SUBSTANCES. IT'S PLASTIC. IT'S MADE FROM PETROCHEMICALS, AND IT IS HARMFUL TO THE HEALTH OF OUR CHILDREN AND ALL OF US AS WELL AS, YOU KNOW, METHANE GAS. AND THEN, YES, I'M TRYING TO THINK THERE WAS ONE OTHER NOT AS IMPORTANT THING, BUT I DO APPRECIATE THE EFFORTS OF THE STAFF. AND AGAIN. OH, YES, WORKSHOPS. WE NEED OPEN FACE TO FACE WORKSHOPS REGARDING THE CLIMATE ACTION PLAN AND WHAT SUSTAINABILITY MEASURES. AND LAST THING, SORRY, WE NEED A CLIMATE ENVIRONMENTAL SUSTAINABILITY SUSTAINABILITY COMMITTEE OF PUBLIC CITIZENS WHO KNOW ABOUT THE ISSUES CAN HELP. STAFF CAN HELP EDUCATE THE COMMUNITY. THANK YOU. THERE ARE NO ADDITIONAL SPEAKERS. NEXT IS CONSENT CALENDAR. [CONSENT CALENDAR] DO WE HAVE ANY SPEAKERS ON ITEMS ONE THROUGH FOUR? THERE ARE NO SPEAKERS. ANY COUNCIL MEMBERS WISH TO PULL ANY OF THE ITEMS. COMMENTS. MOTION, PLEASE. SO MOVED. SECOND. PLEASE VOTE. PASSES. UNANIMOUSLY. ITEM NUMBER FIVE IS THE MAYORAL APPOINTMENT OF TWO MEMBERS TO THE LIBRARY BOARD OF TRUSTEES. [5. MAYORAL APPOINTMENT OF TWO MEMBERS TO THE LIBRARY BOARD OF TRUSTEES – 1) Adoption of a resolution appointing one member to the Library Board of Trustees; and 2) Adoption of a resolution appointing one member to the Library Board of Trustees. (Staff contact: Tammy McMinn, City Clerk Department)] DO WE HAVE ANY SPEAKERS? YES. KELLY LABBERTON, FOLLOWED BY SCOTT DAVISON. KELLY LIBERTON. LAST AUGUST, MY FRIENDS AND I ORGANIZED A SEE YOU AT THE LIBRARY CHILDREN'S STORY HOUR AT DOVE LIBRARY. OUR EVENT INCLUDED SINGING PATRIOTIC SONGS, FACE PAINTING, IRISH DANCING AND WHOLESOME CHILDREN'S STORIES. HOWEVER, A POLITICAL GROUP CALLED CARLSBAD DEMOCRATS TOOK TO SOCIAL MEDIA WARNING THAT, QUOTE, POLITICAL EXTREMISTS WERE SPONSORING THE EVENT [00:15:09] AND WE MIGHT TRIGGER OTHERS. THEY ACCUSED US OF WANTING TO BAN BOOKS, AND THE CARLSBAD DEMS PROTESTED OUR EVENT WITH A BANNED BOOK TABLE. ONE OF MY FRIENDS WENT OUT TO SEE THEIR PROTEST AND SAID, QUOTE, THE BANNED BOOK GROUP HAD SET UP A TABLE NEAR THE ENTRANCE. I WALKED UP AND LOOKED AT MANY BOOKS THEY SAID ARE BANNED. BUT WHAT I SAW ARE BOOKS I HAVE READ AND LOVED, LIKE THE COLOR PURPLE, TO KILL A MOCKINGBIRD, AND SOME DOCTOR SEUSS BOOKS. I ASKED IF THESE BOOKS WERE BANNED IN LOCAL SCHOOL LIBRARIES. THEY SAID NO. I EXPLAINED THAT I WOULD NEVER WANT THESE BOOKS BANNED, AND IF THEY AREN'T BANNED HERE LOCALLY, ISN'T THAT MISLEADING? THE GENERAL PUBLIC THAT WALKED BY THE TABLE? ONE OF THE WOMEN WORKING AT THE PROTEST TABLE IS A TEACHER IN CARLSBAD. SHE HAS HER STUDENTS READ TO KILL A MOCKINGBIRD. I ASKED AGAIN, ISN'T THAT MISLEADING THE PUBLIC BECAUSE THIS BOOK ISN'T BANNED? I ASKED WHY THEY DIDN'T HAVE THE BOOKS THAT HAD PORN IN THEM ON THE TABLE. THOSE WERE THE BOOKS I HAVE ASKED TO BE REMOVED. THEY ASKED, WELL, WHAT IS YOUR DEFINITION OF PORN? I POINTED OUT PICTURES FROM THE BOOK GENDERQUEER AND FUN HOME AND SHOWED THEM TO PEOPLE STOPPING AT THE TABLE. THEY COULDN'T BELIEVE IT THAT THESE BOOKS WERE IN SCHOOL. THE BANNED BOOKS. PEOPLE DIDN'T WANT ME SHOWING THOSE PICTURES, END QUOTE. SO I ASK YOU, WHO ARE THE EXTREMISTS HERE? THE CARLSBAD DEMS WHO ARE OKAY WITH PORNOGRAPHIC BOOKS LIKE GENDERQUEER AND FUN HOME BEING READ BY CHILDREN, OR MY GROUP READING DOCTOR SEUSS TO SMALL CHILDREN. AND THE CARLSBAD TEACHER AT THAT BANNED BOOK TABLE WAS KATRINA WHITLOCK, WHO YOU RECENTLY APPOINTED TO THE CARLSBAD LIBRARY BOARD OF TRUSTEES. IS IT NOT IRONIC THAT THE GROUP SHOUTING FOR TOLERANCE AND DIVERSITY IS NOT TOLERANT OF ANY VIEWPOINTS WHICH DIVERGE FROM THEIR OWN? THEY SEEK TO DESTROY THE REPUTATION OF THOSE WITH DIVERGENT VIEWS BY SPREADING LIES ABOUT THEM PUBLICLY DESTROYING THEIR CHARACTER. OUR ELECTED LEADERS SHOULD NOT BOW TO THESE DESPICABLE TACTICS. LIES SPREAD ABOUT A PERSON'S CHARACTER SHOULD NOT BE REWARDED BY IMMEDIATELY AND WITHOUT A PUBLIC HEARING, PULLING THAT PERSON'S NAME FROM CONSIDERATION. TRUTH MATTERS PAUL HANISCH'S VIEWS REFLECT THOSE OF THOUSANDS OF FELLOW CITIZENS, AND THOSE CITIZENS DESERVE TO HAVE A VOICE ON THE LIBRARY BOARD. THANK YOU. DEAR MAYOR BLACKBURN AND CARLSBAD CITY COUNCIL MEMBERS. MY NAME IS SCOTT DAVISON AND I AM THE DIRECTOR OF THE CARLSBAD EDUCATION ALLIANCE, A COALITION OF PARENTS, TEACHERS, STUDENTS AND COMMUNITY MEMBERS DEDICATED TO TRANSPARENCY, ACCOUNTABILITY AND ACADEMIC EXCELLENCE IN THE CARLSBAD UNIFIED SCHOOL DISTRICT. WHY AM I AT THE CITY COUNCIL MEETING TONIGHT? BECAUSE THE DIVISIVE POLITICAL RHETORIC THAT'S INFECTED OUR SCHOOL DISTRICT FOR THE PAST YEAR IS NOW SPILLING OVER INTO OUR CITY COUNCIL, LED BY THE SAME GROUP OF FAR LEFT ACTIVISTS WHO USED THE SAME TIRED PLAYBOOK. THEY USED IT AGAIN LAST WEEK TO MOUNT A SMEAR CAMPAIGN AGAINST A COMMUNITY MEMBER WHO APPLIED FOR A VOLUNTEER POSITION ON THE CARLSBAD LIBRARY BOARD, DESPITE FALSELY CLAIMING THAT THIS APPLICANT WAS ANTI-SEMITIC AND RACIST. THE EVIDENCE THEY SUBMITTED SHOWED THAT THEIR TRUE DISAGREEMENT WAS SIMPLY THAT HE WAS A CONSERVATIVE. IRONICALLY, THIS SAME GROUP SPENT SEVERAL MONTHS LAST YEAR DEMANDING THAT CUSD APPROVE A DIVERSITY, EQUITY AND INCLUSION PLAN WHILE SIMULTANEOUSLY ATTACKING ANYONE WITH DIVERSE VIEWS THAT DIFFERED FROM THEIR OWN. THEY ATTACKED PEOPLE OF FAITH, CONSERVATIVES, AND EVEN THOSE IN THEIR OWN POLITICAL PARTY WHO REALIZE THAT THESE DEI PLANS ACTUALLY CREATE MORE DIVISION AND INTOLERANCE BY SEPARATING PEOPLE BASED ON THEIR RACE, LOWERING ACADEMIC STANDARDS, AND SHAMING THOSE WITH PRIVILEGE. THEIR EFFORTS ARE LITERALLY THE OPPOSITE OF DIVERSITY AND INCLUSION. ONE OF THE ATTACKS AGAINST THE MAYOR'S NOMINEE NOTED HIS CRITIQUE OF GRETA THUNBERG, THE FAMOUS CLIMATE ALARMIST WHO HAS NOW TURNED INTO A RADICAL ANTI-ISRAEL ACTIVIST. IT APPEARS THAT MISS THUNBERG'S ANTI-SEMITISM IS EXCUSABLE, AS LONG AS SHE AGREES WITH THEM ON THEIR CLIMATE CHANGE AGENDA AND ARGUING THAT CARLSBAD LIBRARIES ARE DIVERSE FOR OFFERING BOOKS ON MISS THUNBERG, SHE ACCIDENTALLY ADMITTED THE OPPOSITE. THERE ARE 57 BOOKS ABOUT GRETA THUNBERG IN OUR CARLSBAD LIBRARIES, BUT ONLY ONE COPY OF ENVIRONMENTALIST MICHAEL SHELLENBERGER'S APOCALYPSE. NEVER THE MOST WIDELY KNOWN CRITIQUE OF CLIMATE ALARMISTS LIKE MISS THUNBERG. WHAT THIS ALL MAKES CLEAR IS THAT OUR CARLSBAD LIBRARIES ARE LIKELY IN DIRE NEED OF SOME TRUE DIVERSITY. DIVERSITY OF THOUGHT. AS PETER THIEL SAID DECADES AGO AT THE INFANCY OF THE DEI MOVEMENT, YOU DON'T HAVE REAL DIVERSITY WHEN YOU HAVE A GROUP OF PEOPLE WHO LOOK DIFFERENT AND THINK ALIKE. THIS IS WHAT THE CARLSBAD DEMOCRATS CLUB ON OUR LIBRARY BOARD, A BUNCH OF PEOPLE WHO LOOK DIFFERENT BUT THINK ALIKE, AS THEY MADE CLEAR IN THEIR DEFAMATORY ATTACKS [00:20:04] OF THE HORROR. SOMEONE WHO IS CONSERVATIVE. THE COUNCIL HAS A DECISION TO MAKE TONIGHT. YOU CAN SPEAK OUT AGAINST THIS ATTEMPT TO TURN APPOINTMENTS OF VOLUNTEER BOARD AND COMMISSION SEATS INTO DIVISIVE POLITICAL BATTLES WITH DEFAMATORY ATTACKS AGAINST OUR FELLOW CITIZENS, ARE GIVEN TO THIS GROUP AND TELL THE CARLSBAD COMMUNITY THAT EVERY FUTURE NOMINATION FOR EVERY BOARD AND COMMISSION APPOINTMENT WILL BE A KNOCK DOWN, DRAG OUT, HYPERBOLIC BATTLE OVER ISSUES COMPLETELY UNRELATED TO THE ROLES AND DUTIES OF THESE POSITIONS. THE MAYOR SAID AT THE BEGINNING OF TONIGHT'S MEETING THAT ALL VIEWPOINTS ARE WELCOME AND RESPECTED, BUT THAT'S OBVIOUSLY NOT TRUE. BUT LAST WEEK TAUGHT US IS THAT IF YOU'RE MR. DAVIDSON, YOUR YOUR TIME IS EXPIRED. THANK YOU. BILL SCHEFFLER. WILL YOU CALL HIS NAME AGAIN IN CASE HE'S OUTSIDE? BILL SHEFFLER. THAT CONCLUDES OUR SPEAKERS. OKAY. OKAY. THAT WAS ON ITEM NUMBER FIVE. ANY COMMENTS OR QUESTIONS FROM COUNCIL? OKAY. MY RECOMMENDATIONS ARE. OH, I'M SORRY, MISS BURKHOLDER. GO AHEAD. I DIDN'T SEE YOUR HAND. THANK YOU. MAYOR. I THINK THAT BASED ON THE INFORMATION THAT WE'VE BEEN EMAILED BY MANY IN THE COMMUNITY, IT WOULD BE REALLY GOOD FOR US TO EXPLAIN WHY LAST WEEK'S APPOINTMENT DID NOT HAPPEN AND WHY WE'RE DOING IT THIS WEEK. AND I THINK IT WILL HELP THE COMMUNITY UNDERSTAND LAST WEEK'S RECOMMENDATION. IT WAS BROUGHT TO MY ATTENTION THAT THERE. WELL, LET ME BACK UP. WHEN I RAN FOR MAYOR, MY PROMISE TO THE COMMUNITY WAS MY EFFORT TO TRY TO KEEP A COHESIVE WORKING ENVIRONMENT, AND THAT DOESN'T THAT IT INCLUDES ALL OF OUR BOARDS AND COMMISSIONS AS WELL AS OUR COUNCIL. AND IT WAS BROUGHT TO MY ATTENTION THAT THERE WERE SOME POSTS ON SOCIAL MEDIA THAT WERE NOT CONSISTENT WITH MY PROMISE TO THE COMMUNITY ABOUT THIS COHESIVENESS. I SPOKE WITH THE CANDIDATE AND HE HE UNDERSTOOD HE WAS VERY POLITE ABOUT IT. HE RESPECTFULLY DISAGREED WITH ME, BUT HE WAS UNDERSTANDING. AND SINCE IT'S MY DECISION AND SINCE IT'S SOMEBODY WHO'S GOING TO BE REPRESENTING MY CHOICE, I CHOSE TO PICK A DIFFERENT RECOMMENDATION FOR LIBRARY BOARD. THANK YOU. MAYOR. OKAY. AND THOSE TWO IS GOING TO BE FIRST OF ALL, GINA MCBRIDE HAS SERVED. SHE'S ASKED TO TO CONTINUE TO SERVE. IT'S MY POLICY. IF A CANDIDATE IS ALREADY ON THE BOARD AND DOING A GOOD JOB, I REAPPOINT THEM. SO MY FIRST NOMINATION IS GINA MCBRIDE. MY SECOND ONE IS LARRY LAUFER. ANY COMMENTS? YES. CAN WE PLEASE TAKE THEM SEPARATELY WHEN VOTING? OKAY. THE FIRST ONE IS GINA MCBRIDE. PLEASE VOTE. THAT PASSES UNANIMOUSLY. THE SECOND ONE IS LARRY LAUFER. PLEASE VOTE. THAT PASSES ON A 4 TO 1 WITH MISS BURKHOLDER VOTING NO. OKAY. NEXT IS ITEM NUMBER SIX. [6. MAYORAL APPOINTMENT OF ONE MEMBER TO THE TRAFFIC SAFETY & MOBILITY COMMISSION Adoption of a resolution appointing one member to the Traffic Safety & Mobility Commission. (Staff contact: Tammy McMinn, City Clerk Department)] MAYORAL APPOINTMENT OF ONE MEMBER TO THE TRAFFIC SAFETY AND MOBILITY. BEAR WITH ME FOR JUST A MOMENT AND MY NOMINATION IS FOR PHILIP ARMSTRONG. ANY COMMENTS? PLEASE VOTE. WE NEED TO ASK FOR SPEAKERS FIRST. OH, I'M SORRY, I THOUGHT WE COVERED. OH YOU'RE RIGHT. DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS. OKAY. MY MY RECOMMENDATION IS PHILIP ARMSTRONG. PLEASE VOTE. PASSES UNANIMOUSLY. ITEM NUMBER SEVEN, CITY MANAGER. [7. ORDINANCE NO. CS-472 REPEALING CARLSBAD MUNICIPAL CODE CHAPTER 3.38 AND DISESTABLISHING THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT – Adoption of Ordinance No. CS-472 repealing Chapter 3.38 of the Carlsbad Municipal Code and disestablishing the Carlsbad Golf Lodging Business Improvement District. (Staff contact: Faviola Medina, City Clerk Department)] YES. ITEM NUMBER SEVEN IS AN ORDINANCE FOR ADOPTION. THIS IS ORDINANCE NUMBER CS 472 REPEALING CARLSBAD MUNI CODE CHAPTER 3.38 AND DISESTABLISHING THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT [00:25:04] DISTRICT. IT'S A CALL FOR A VOTE. ANY SPEAKERS? THERE ARE NO SPEAKERS. ANY QUESTIONS OR COMMENTS FROM COUNCIL? MOTION. MOVE. ADOPTION OF THE ORDINANCE AND AGENDA ITEM SEVEN. SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. ITEM NUMBER EIGHT. [8. 2024 HAZARD REDUCTION COST REPORT – Adoption of a resolution approving the 2024 Hazard Reduction Cost Report and directing the City Clerk to file a certified copy of the resolution and report with the San Diego County Auditor before Aug. 10, 2024. (Staff contact: Randy Metz, Fire Department)] CITY MANAGER. THANK YOU SO MUCH. ITEM NUMBER EIGHT IS THE 2024 HAZARD REDUCTION COST REPORT. AND MAKING OUR PRESENTATION TODAY IS OUR FIRE MARSHAL, RANDY METZ. RANDY. GOOD EVENING, MAYOR AND MEMBERS OF THE CITY COUNCIL. WE ARE HERE TONIGHT TO CLOSE OUT OUR HAZARD REDUCTION SEASON FOR THE YEAR BY REQUESTING THAT YOU ADOPT A RESOLUTION SO THAT THE CITY CAN RECOVER OUR COSTS ASSOCIATED WITH THE ABATEMENT OF PRIVATE PROPERTY DUE TO THE POTENTIAL PRESENCE OF NOXIOUS WEEDS. THIS DECLARATION WILL ALLOW THE CITY CLERK TO REQUEST THAT THE COUNTY ASSESSOR PLACE A LIEN ON THE 24 PARCELS AFFECTED, SO THAT ADMINISTRATIVE AND REAL COSTS CAN BE RECOVERED THROUGH THE PROPERTY TAX ROLL IN THE AMOUNT OF $31,322. WE REQUEST THAT YOU OPEN A PUBLIC HEARING TONIGHT SO THAT ANY PARCEL OWNERS MAY BE HEARD WHO WOULD LIKE TO CONTEST THE CHARGES AGAINST THEIR PROPERTY, AND SO THAT THE FIRE DEPARTMENT CAN RESPOND ACCORDINGLY. IF NO PROPERTY OWNERS CONTEST THESE CHARGES, WE ASK THAT YOU CLOSE THE PUBLIC HEARING AND APPROVE THE RESOLUTION. IF YOU CHOOSE NOT TO ADOPT THE RESOLUTION, THESE CHARGES WILL REMAIN AS A GENERAL FUND EXPENDITURE. THIS CONCLUDES MY REPORT AND I'M AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU. DO WE HAVE SPEAKERS? MAYOR, CAN YOU OPEN THE PUBLIC HEARING FIRST? OKAY, I'M OPENING THE PUBLIC HEARING. THERE ARE NO SPEAKERS. OKAY. I'M CLOSING THE PUBLIC HEARING. QUESTIONS OR COMMENTS FROM COUNCIL. MOTION. I'M SORRY, I DID CLOSE IT. OKAY. THANK YOU. MOVE. ADOPTION OF THE RESOLUTION AND AGENDA ITEM EIGHT SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. ITEM NUMBER NINE, CITY MANAGER. [9. 2024 ZONING CODE CLEAN-UP – 1) Introduction of an ordinance approving amendments to Title 8, Public Peace, Morals and Safety, and Title 11, Public Property, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Cleanup; Case No.: MCA 2024-0001 (PUB 2024-0005)); and 2) Introduction of an ordinance approving amendments to Title 15, Grading and Drainage and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Cleanup; Case No.: ZCA 2024-0001/ LCPA 2024-0020/ MCA 2024-0001 (PUB 2024-0005)); and 3) Adoption of a resolution approving a Local Coastal Program Amendment to update the Local Coastal Program Implementation Plan by incorporating amendments to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Clean Up; Case No.: ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005)). (Staff contact: Nicole Morrow, Community Services Department) (Part 1 of 2)] YES. ITEM NUMBER NINE IS THE 2024 ZONING CODE. CLEANUP. CLEANUP MAKING. OUR PRESENTATION IS OUR SENIOR PLANNER, SCOTT DONNELL, OUR PRINCIPAL PLANNER, ROBERT EFFORT. AND OUR ASSISTANT PLANNER, NICOLE MOREAU. GOOD EVENING, MAYOR BLACKBURN AND MEMBERS OF THE CITY COUNCIL. MY NAME IS NICOLE MOREAU AND I WILL BE PRESENTING AGENDA ITEM NUMBER NINE, THE 2024 ZONE CODE CLEANUP. WITH ME TONIGHT ARE PRINCIPAL PLANNER ROBERT EFIRD AND SENIOR PLANNER SCOTT DONNELL. THIS ITEM IS A CITY INITIATED AMENDMENT TO THE CARLSBAD MUNICIPAL CODE. IN 2021, STAFF BEGAN A PERIODIC REVIEW OF THE CITY'S CODE TO MAINTAIN ITS CLARITY, CONSISTENCY, AND ALIGNMENT WITH STATE AND FEDERAL LAWS. THE INAUGURAL ZONE CODE CLEANUP WAS PRESENTED TO THE CITY COUNCIL AND WAS ADOPTED IN SEPTEMBER OF 2022. TONIGHT'S PRESENTATION IS THE SECOND SET OF AMENDMENTS RELATED TO THIS RECURRING WORK PLAN ITEM. THE ZONE CODE CLEANUP CONSISTS OF A VARIETY OF MISCELLANEOUS AMENDMENTS TO THE CODE THAT ADDRESS ERRORS AND INCONSISTENCIES THAT STAFF HAVE IDENTIFIED THROUGH THE COURSE OF DAILY OPERATIONS. MOST OF THE AMENDMENTS, IF NOT BASED ON A NEW STATE OR CITY POLICY, ARE BASED ON LANGUAGE FROM EXISTING CODE SECTIONS AND CITY PLANNER DETERMINATIONS. THE AMENDMENT PACKAGE FOR THE 2024 ZONE CODE CLEANUP INCLUDES 16 TOTAL AMENDMENTS ACROSS FOUR TITLES OF THE MUNICIPAL CODE. AMENDMENTS TO TITLES 15 AND 21 ALSO AMEND THE CITY'S LOCAL COASTAL PROGRAM. THE AMENDMENTS RANGE ACROSS A VARIETY OF SECTIONS AND SUBJECTS, BUT GENERALLY THE CHANGES INCLUDE AMENDMENTS WHICH FIX ADMINISTRATIVE ERRORS, UPDATE TERMINOLOGY AND REFERENCES, IMPROVE CONSISTENCY ACROSS CODE SECTIONS, REFLECT STATE REQUIREMENTS, AND CODIFY EXISTING CITY PRACTICES. WHILE MANY OF THESE CHANGES ARE TYPOGRAPHICAL OR TERMINOLOGY RELATED, SOME INCLUDE LARGER BUT STILL STRAIGHTFORWARD CHANGES TO THE MUNICIPAL CODE. THESE CHANGES INCLUDE ADDITIONAL DETAIL NECESSARY TO PROVIDE THE DESIRED LEVEL OF CLARITY AND CONSISTENCY. STAFF WILL NOW PROVIDE A CLOSER LOOK AT THREE OF THE LARGER CHANGES RELATED TO HOME OCCUPATIONS ANIMAL KEEPING AND GRADING. [00:30:09] THE PROPOSED AMENDMENT TO HOME OCCUPATIONS UPDATES THE CODE LANGUAGE TO BETTER DEFINE THE PERMITTED ACTIVITIES AND APPLICABLE STANDARDS WHICH APPLY TO HOME OCCUPATION USES IN THE R-1 ONE FAMILY RESIDENTIAL ZONE OR RA RESIDENTIAL AGRICULTURAL ZONE, AS WELL AS OTHER ZONES WHICH REFERENCE THIS CODE SECTION AS IT EXISTS TODAY. THIS CODE SECTION IS VAGUE AND INCLUDES FEW ENFORCEABLE STANDARDS TO PROTECT RESIDENTS FROM HOME BUSINESSES BECOMING PUBLIC NUISANCES IN RESIDENTIAL NEIGHBORHOODS. THE SUPPLEMENTAL CONDITIONS AND STANDARDS INCLUDED IN THIS AMENDMENT ARE INTENDED TO CLARIFY THE EXISTING PERMISSIONS OF THIS ZONE, CONSISTENT WITH OTHER CITY STANDARDS. INCLUDED ON THE SCREEN IS A SAMPLE OF ONE OF THE REVISED STANDARDS OF THE HOME OCCUPATION SECTION. THIS EXAMPLE SHOWS THE DIFFERENCE BETWEEN THE EXISTING CODE AND THE LANGUAGE OF THE PROPOSED AMENDMENT. THIS REVISION IS BEING MADE TO INCREASE THE STANDARDS COMPLIANCE WITH LOCAL AND STATE LAW. ANOTHER EXAMPLE OF THE ITEMS BEING AMENDED IN THE HOME OCCUPATION SECTION RELATES TO SECONDARY USE. THE LANGUAGE ON THE SCREEN PROVIDES ADDITIONAL DESCRIPTION ABOUT HOW THE HOME AND PROPERTY MAY BE USED. ANOTHER EXAMPLE OF THE ITEMS BEING AMENDED IN THE HOME OCCUPATION SECTIONS RELATES TO STORAGE. THE LANGUAGE ON THE SCREEN HIGHLIGHTS THE PROPOSED AMENDMENT, WHICH IS CLARIFYING THE ORIGINAL CODE BY ADDING QUANTIFIABLE METRICS AND CONDITIONING THAT THIS STANDARD APPLY ONLY TO STORAGE WHERE PARKING REQUIREMENTS ARE MET. AMENDMENT EIGHT ANIMAL KEEPING UPDATES. THE PERMITTED USES TABLE OF THE R-1 ONE FAMILY RESIDENTIAL ZONE TO INCLUDE SPECIFICATIONS FOR THE KEEPING OF ANIMALS, SPECIFICALLY POULTRY. BASED ON THE PRECEDENT AND EXISTING LANGUAGE OF OTHER ZONES, THIS AMENDMENT IS INTENDED TO INCREASE CONSISTENCY WITH SIMILAR ZONES AND AID WITH THE ENFORCEMENT OF ANIMAL RELATED CODE COMPLAINTS. PRESENTLY, THE LACK OF SPECIFICATION ON WHETHER POULTRY KEEPING IS ALLOWED IN THE R-1 ZONE HAS COMPLICATED CODE ENFORCEMENT'S ABILITY TO RESOLVE ISSUES WITH RESIDENTS WHO KEEP POULTRY. THE LANGUAGE INCLUDED IN THIS AMENDMENT IS BASED ON LANGUAGE FROM CARLSBAD. ZONES THAT ALLOW FOR THE KEEPING OF POULTRY, COMBINED WITH POULTRY. KEEPING STANDARDS FOR RESIDENTIAL AREAS FROM OTHER JURISDICTIONS IN THE COUNTY, AND IS INTENDED TO ADDRESS THE VAGUENESS OF THE CARLSBAD CODE. THIS AMENDMENT PROPOSES THAT POULTRY KEEPING BE ALLOWED AT TWO DIFFERENT TIERS. THE FIRST TIER WOULD ALLOW RESIDENTS TO KEEP UP TO FIVE ANIMALS, PROVIDED THAT THE LOCATION OF THE COOP HAVE A 15 FOOT SETBACK FROM ANY HABITABLE STRUCTURE ON AN ADJOINING PARCEL. THE SECOND TIER ALLOWS RESIDENTS TO KEEP UP TO 15 ANIMALS, PROVIDED THAT THE COOP HAS A 40 FOOT SETBACK FROM ANY HABITABLE STRUCTURE ON AN ADJOINING PARCEL. BY PERMITTING POULTRY ON A TIERED BASIS, THESE CHANGES WILL ALLOW RESIDENTS LIVING ON LOTS OF SUFFICIENT SIZE TO KEEP POULTRY WHILE MAINTAINING A SETBACK FROM ADJACENT NEIGHBORS AND RESIDENTIAL LOTS. STAFF RECEIVED PUBLIC COMMUNICATIONS ON THIS ITEM AROUND THE TIME OF THE PLANNING COMMISSION HEARING IN MAY, WHICH WERE SUPPORTIVE OF THE CHANGES AND INCLUDED REQUESTING THAT THEY BE APPLIED TO OTHER RESIDENTIAL ZONES IN THE CITY. THE PROPOSED AMENDMENTS INCLUDED UNDER GRADING PERMITS ADDRESS LIMITATIONS IMPOSED BY THE CODE LANGUAGE STRUCTURE. FOLLOWING THE ADOPTION OF THE LANGUAGE APPROVED IN THE 2022 CODE CLEANUP, IT WAS REALIZED THAT ONE OF THE AMENDMENTS RESULTED IN THE UNINTENDED CONSEQUENCE OF LIMITING THE CITY ENGINEER'S DISCRETION OVER PROJECTS WHICH MAY HAVE ADVERSE EFFECTS ON DRAINAGE, CAUSE PROPERTY DAMAGE, OR COMPROMISE PUBLIC HEALTH, SAFETY, AND WELFARE. THIS AMENDMENT REINSTATES THE CITY ENGINEER'S PREVIOUS DISCRETION. THE TWO NEW REVISIONS INCLUDED UNDER THIS AMENDMENT CODIFY EXISTING CITY PRACTICES. THE FIRST REVISION WOULD ELIMINATE DUPLICATIVE CITY STAFF REVIEWS BETWEEN THE PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT DEPARTMENT, SAVING THE CITY STAFF TIME AND DESIGN EXPENSES. THE SECOND REVISION UPDATES TERMINOLOGY TO CLARIFY WHAT IS REQUIRED TO FINALIZE A GRADING PLAN APPLICATION. THE PROPOSED AMENDMENTS DO NOT CHANGE THE CITY'S REQUIREMENT TO COMPLY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, NOR TO COMPLY WITH THE COASTAL ACT, PER CARLSBAD MUNICIPAL CODE, SECTION 21 201030, WHICH REQUIRES COASTAL DEVELOPMENT PERMITS FOR DEVELOPMENT AS DEFINED WITHIN THE COASTAL [00:35:05] ZONE. THE CITY PLANNER DETERMINATION OF EXEMPTION FOR THE CHANGES INCLUDED IN THE 2024 ZONE CODE CLEANUP WAS MADE ON APRIL 25TH, 2024. THE CITY PLANNERS DETERMINATION MADE IN ACCORDANCE WITH STATE LAW, DETERMINED THAT THE PROJECT IS EXEMPT FROM ADDITIONAL ENVIRONMENTAL ANALYSIS BECAUSE THERE IS NO POSSIBILITY THAT THE PROPOSED AMENDMENTS WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. DURING THE PROCESS OF PREPARING THE AMENDMENT PACKAGE STAFF COMPLETED A RANGE OF PUBLIC OUTREACH, STARTING WITH THE POSTING OF A CEQA DETERMINATION OF EXEMPTION. NO APPEALS WERE RECEIVED DURING THE SUBSEQUENT TEN DAY APPEAL PERIOD. STAFF PROVIDED PUBLIC NOTICE WITH THE PUBLICATION OF A SIX WEEK LOCAL COASTAL PROGRAM PUBLIC REVIEW NOTICE ON MAY 10TH, 2024. STAFF DID NOT RECEIVE ANY COMMENTS. THE PUBLIC WAS INFORMED ABOUT THE PROPOSED AMENDMENTS AT THE MAY 15TH PLANNING COMMISSION HEARING, WHERE ALL FOUR PRESENT COMMISSIONERS VOTED IN SUPPORT OF THE ITEM. TWO MEMBERS OF THE PUBLIC SPOKE AT THE HEARING ABOUT THE CHANGES TO THE ANIMAL KEEPING REGULATIONS IN THE R-1 ZONE. PUBLIC HEARING NOTICES FOR THE PLANNING COMMISSION AND CITY COUNCIL HEARINGS WERE PROVIDED IN ACCORDANCE WITH THE BROWN ACT. SHOULD CITY COUNCIL ADOPT THE ORDINANCES APPROVING THE PROPOSED AMENDMENTS, THE ORDINANCES WILL BECOME EFFECTIVE OUTSIDE OF THE COASTAL ZONE 30 DAYS AFTER ADOPTION. STAFF WILL SUBMIT AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION FOR APPROVAL OF THE CHANGES TO TITLES 15 AND 21. THE EFFECTIVE DATE OF THESE CHANGES IS DEPENDENT ON THE COASTAL COMMISSION'S REVIEW AND APPROVAL. THE RECOMMENDED ACTION IS TO HOLD A PUBLIC HEARING AND INTRODUCE TWO ORDINANCES AMENDING THE CARLSBAD MUNICIPAL CODE. THE FIRST ORDINANCE INCLUDES AMENDMENTS TO TITLE EIGHT, PUBLIC PIECE, MORALS AND SAFETY, AND TITLE 11 PUBLIC PROPERTY. THE SECOND ORDINANCE INCLUDES AMENDMENTS TO TITLE 15 GRADING AND TITLE 21, THE ZONING ORDINANCE. THE COUNCIL IS ALSO RECOMMENDED TO ADOPT A RESOLUTION FOR A LOCAL COASTAL PROGRAM AMENDMENT. THIS CONCLUDES OUR PRESENTATION. STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS. THIS IS A PUBLIC HEARING. PLEASE CALL THE SPEAKERS. JULIANNE DANEK WAS REPRESENTING A GROUP THAT CONSISTS OF JOE COLLINS AND COLLINS AND JOHN. FORGIVE US. THANK YOU. WE SUPPORT THE PROPOSED LANGUAGE SUBMITTED BY THE CARLSBAD PLANNING DEPARTMENT REGARDING THE 2024 ZONE CLEANUP CODE, SECTION 21.10 .040, AMENDMENT SIX, HOME OCCUPATIONS. WE URGE THE CITY COUNCIL TO ADOPT THE PROPOSED LANGUAGE AS WRITTEN. WE SUPPORT THIS LANGUAGE BASED ON THE FOLLOWING. WE LIVE IN A SMALL RESIDENTIAL AREA OF CARLSBAD. YOUR PACKAGE INCLUDES AN EXHIBIT THAT SHOWS THE AREA A RESIDENT AT 2396 LAFAYETTE COURT, WHICH IS BEHIND OUR DEVELOPMENT, HAS A HOME BUSINESS AND KEEPS AT LEAST 18 CHICKENS ON THE PROPERTY. SELLS EGGS WITHOUT THE CITY OF CARLSBAD BUSINESS LICENSE. THE RESIDENT IS ALSO NOT REGISTERED WITH THE STATE OF CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE AS AN EGG HANDLER. SHE FREQUENTLY ADVERTISES EGGS AND PLANTS FOR SALE ON NEXT DOOR. THE PROPERTY IS LOCATED VERY CLOSE TO OTHER RESIDENTIAL HOMES IN THE AREA, AND AGAIN THE PACKAGE INCLUDES A MAP THAT SHOWS THIS. THE CITY OF CARLSBAD CURRENTLY HAS NO REGULATION REGARDING THE NUMBER OF CHICKENS A RESIDENT CAN HAVE ON THEIR PROPERTY. IF THE AREA IS ZONED RA, WHICH OURS IS, AS SHOWN ON THE EXHIBIT A SAN DIEGO COUNTY LIMITS DOMESTIC CHICKENS TO NO MORE THAN 25. HOWEVER, WE BELIEVE THAT 25 CHICKENS IS EXCESSIVE FOR A RESIDENTIAL AREA WHERE HOUSES ARE AS CLOSE TOGETHER AS OURS. WE BELIEVE THAT THIS RESIDENT AT TIMES HAS HAD MORE THAN 25 CHICKENS. THE LANGUAGE PROPOSED IN THE AMENDMENT WOULD PROHIBIT A HOME BUSINESS SUCH AS THIS THAT HAS SUCH A NEGATIVE IMPACT ON THE QUALITY OF LIFE FOR THOSE WHO LIVE NEAR THIS RESIDENCE. AS A RESULT OF THE INCREASE OVER TIME IN THE NUMBER OF CHICKENS BEING KEPT AT LAFAYETTE COURT PROPERTY. WE HAVE SEEN A CORRESPONDING INCREASE IN NOISE. INSECTS, PARTICULARLY MOSQUITOES, SMELL RATS AND MICE. THE NOISE THROUGHOUT THE DAY IS EXCESSIVE. AS EARLY AS 6:04 A.M. AND AS LATE AS 8:03 P.M., WE HAVE NUMEROUS RECORDINGS OF THIS, AND I HAVE PRESENTED A LOG OF THOSE RECORDINGS IN THE PACKET THAT YOU HAVE, AND THEN THE NOISE LEVELS WERE MEASURED WITH A CALIBRATED DECIBEL METER AND SIGNIFICANTLY EXCEED LEVELS ALLOWED IN RESIDENTIAL AREAS, ESPECIALLY DURING THE TIGHTER RESTRICTED [00:40:08] TIMES PRIOR TO 7 A.M.. THERE'S ALSO POTENTIAL FOR RUNOFF FROM THE CHICKEN COOP AND YARD AND OTHER DEBRIS INTO THE DRAINAGE CULVERT. OWNED BY PACIFICA ESTATES HOMEOWNERS ASSOCIATION. THE DRAINAGE CULVERT DRAINS DIRECTLY INTO THE CITY SEWER SYSTEM. THIS HAS BEEN REPORTED TO THE CITY AND IS BEING INVESTIGATED CURRENTLY, PRIMARILY DUE TO THE NOISE. AFFECTED RESIDENTS ARE DEPRIVED OF THE ENJOYABLE USE OF THEIR BACKYARDS FOR MOST OF THE DAY. SEVEN DAYS A WEEK, WHEN THE SUN SHINES, THE CHICKENS LOUDLY CACKLE AND SQUAWK. THEY ALSO GET INTO FIGHTS. AFFECTED RESIDENTS NEED TO RUN THEIR AIR CONDITIONER AT CONSIDERABLE EXPENSE TO MITIGATE THE NOISE FROM THE CHICKENS. HOWEVER, NOT EVERYONE IN THE NEIGHBORHOOD HAS AIR CONDITIONING. NEARBY RESIDENTS WHO WORK FROM HOME, WHICH ARE SEVERAL PEOPLE, FIND THE NOISE DISRUPTIVE TO BUSINESS CALLS AND ONLINE MEETINGS, RESULTING IN THEM HAVING TO WORK WITH THE WINDOW CLOSED WITH OR WITHOUT AIR CONDITIONING. NEARBY RESIDENTS ARE DEEPLY CONCERNED ABOUT THE POTENTIAL LOSS OF VALUE DUE TO EXCESSIVE CHICKEN NOISE. IT WOULD BE EXTREMELY DIFFICULT TO SELL A HOME IN THIS AREA ANYWHERE NEAR ITS MARKET VALUE. IT SHOULD BE NOTED THAT SEVERAL NEIGHBORS CLOSE TO THE RESIDENTS OF 2396 LAFAYETTE COURT HAVE BEEN RELUCTANT TO GET INVOLVED BECAUSE OF FEAR FOR THEIR SAFETY FROM THE RESIDENT AT THAT AREA. THERE HAVE BEEN VERBAL ALTERCATIONS IN THE PAST. THE CITY CODE ENFORCEMENT DEPARTMENT IS UNABLE TO ENFORCE CODE 7.04.010 DUE TO ENFORCEMENT FOR ANIMAL NOISE BEING OUTSOURCED TO THE COUNTY OF SAN DIEGO HUMANE SOCIETY. REPEATED ATTEMPTS TO WORK WITH THE SAN DIEGO HUMANE SOCIETY TO ENFORCE THIS CODE HAVE BEEN CURSORY, WITH NO FOLLOW UP OR BLATANTLY IGNORED. I HAVE INCLUDED A TIMELINE OF ALL OF OUR ACTIONS, WITH SEVERAL INSTANCES OF NO RESPONSE WHEN WE HAVE TRIED TO WORK WITH THE HUMANE SOCIETY TO DATE, THE COUNTY OF SAN DIEGO HUMANE SOCIETY IS IN VIOLATION OF THEIR CONTRACT AND AGREEMENT WITH THE CITY. THEY ARE NOT RESPONDING TO ONGOING COMPLAINTS AND NOT ENFORCING THE APPLICABLE CITY CODE. THIS SHOULD BE INVESTIGATED BY THE CITY MANAGER WHO IS ACCOUNTABLE FOR MANAGEMENT OF THAT CONTRACT. THERE'S A LITTLE BACKGROUND. PACIFIC ESTATES IS A SINGLE FAMILY HOUSING DEVELOPMENT LOCATED AT THE CORNER OF EL CAMINO REAL AND CARLSBAD VILLAGE DRIVE IN CARLSBAD. IT CONSISTS OF 19 HOMES, ALL CURRENTLY VALUED BETWEEN 1 AND $2 MILLION. WE PRIDE OURSELVES IN MAINTAINING A BEAUTIFUL ENCLAVE OF EXPENSIVE HOMES IN THE LOVELY CITY OF CARLSBAD. HOWEVER, THE ENJOYMENT OF OUR HOMES INSIDE AND OUT DURING THE DAY HAS BEEN GREATLY DIMINISHED BY CONSTANT, ALL DAY CHICKEN NOISE FROM AN EXCESSIVE NUMBER OF CHICKENS BEING KEPT AT THE LAFAYETTE PROPERTY. WE ARE NOT OPPOSED TO RESIDENTIAL CHICKENS BEING KEPT FOR PERSONAL USE, PROVIDED THAT IT'S A SMALL NUMBER AND THEY ARE OF A BREED THAT TENDS TO BE QUIETER THAN MOST. FOR EXAMPLE, BUFF ORPINGTON CHICKENS RATE HIGH ON MANY FACTORS PEOPLE ARE LOOKING FOR IN BACKYARD POULTRY. THEY ARE QUIET, DOCILE, FRIENDLY AND FLUFFY. THEY LIKE TO BE PICKED UP. THEY ARE ALSO. THERE ARE ALSO MANY OTHER QUIET BREEDS OF CHICKEN AND ONE DOES THEIR HOMEWORK. THEY CAN FIND THESE BREEDS. AND AGAIN, WE ARE NOT OPPOSED TO BACKYARD CHICKENS, BUT WE ARE OPPOSED TO A CHICKEN RANCH BEING LOCATED SO CLOSE TO OUR DEVELOPMENT THAT IT HAS DIMINISHED OUR ABILITY TO USE OUR PROPERTY FOR OUR ENJOYMENT. THANK YOU. THERE ARE NO ADDITIONAL SPEAKERS. CAN YOU CLOSE THE PUBLIC HEARING, MAYOR, PLEASE? I'M CLOSING THE PUBLIC HEARING QUESTIONS FROM COUNCIL. MISS LUNA. SO I HAD A COUPLE THAT I BROUGHT UP IN BRIEFING, BUT THAT I COULDN'T TALK TO YOU ALL ABOUT, SO I WANTED TO SHARE IT WITH YOU. SO UNDER THE GRADING PERMITS UNDER 2022. SO IN 2022, WE TOOK THE ABILITY FROM THE CITY ENGINEER THEIR DISCRETION TO REQUIRE GRADING PERMIT AND SITUATIONS. AND NOW WHAT WE'RE ASKING IS THAT THE CITY ENGINEER HAVE THAT ABILITY AGAIN. BUT THE GOOD THING WAS BETWEEN 22 AND 2024, IT REALLY WASN'T AN ISSUE. BUT THIS WAS PROBABLY INADVERTENTLY CHANGED AND THAT NOW WE'RE GOING TO PUT THAT BACK IN IN THE EVENT THAT THE CITY ENGINEER NEEDS THAT EMPOWERMENT. CORRECT? OKAY. SO I JUST WANTED TO MAKE THAT CLEAR. ALSO ON AMENDMENT NUMBER EIGHT, WITH RESPECT TO THE POULTRY IN THE R-1 ZONE AND THE ALLOWANCE OF THAT. I THINK YOU'VE DONE A GREAT CLEAN UP JOB THE LAST COUPLE OF YEARS, BRINGING IT IN COMPLIANCE. IT WOULD DESPERATELY WHEN I WAS IN THE PLANNING COMMISSION, WE JUST WERE LONGING FOR THESE CHANGES. SO THANK YOU. THANK YOU SO MUCH. HOWEVER, ON THIS ONE, I THINK I'M LOOKING AT IT A LITTLE BIT DIFFERENTLY IN THAT THE AMOUNT OF PARCELS AFFECTED, I THINK, DICTATE THAT THIS SHOULD BE A [00:45:10] STANDALONE AMENDMENT AND NOT LUMPED INTO THIS AS A CLEANUP. THERE'S ABOUT 9000 PARCELS IN PLAY HERE. AND A LOT OF THE FOLKS SITTING IN HERE, YOU HAVE R1 AND YOU'RE NOT AWARE OF THE FACT THAT BECAUSE IT'S IN A PLETHORA OF OTHER CLEANUP MATTERS HERE, THAT POTENTIALLY, IF YOU MEET THE SETBACK REQUIREMENTS THAT YOUR NEIGHBOR COULD HAVE, HOPEFULLY A COUPLE OF THOSE REALLY NICE CHICKENS BREED CHICKENS. AND THAT I THINK THAT PULLING THIS OUT FROM THE GROUP AND MAKING IT AN INDIVIDUAL ONE, I THINK THAT WOULD GIVE MORE TRANSPARENCY TO OUR CITIZENS AND AN OPPORTUNITY TO HAVE A BETTER UNDERSTANDING OF COMPLIANCE STANDARDS, PROBABLY COUNCIL MEMBER BURKHOLDER AND I, WE HAVE VERY MIXED SIZE PARCELS, AND I THINK THERE'S A LOT OF PEOPLE OUT IN OUR DISTRICTS THAT POTENTIALLY HAVE KEEPING OF POULTRY AND MAY OR MAY NOT BE AWARE THAT WE'RE GOING TO GO AHEAD AND IMPOSE THIS. I RECEIVED A COUPLE LETTERS, AND THE FOLKS SEEM TO HAVE MORE QUESTIONS AND COMMENTS. SO I WOULD THINK THAT WITH THE NUMBER OF R1, WE'RE NOW PLOPPING IN AN EXTRA PERMITTED USE. I'M NOT OPPOSED TO POULTRY KEEPING AT ALL, AND IN FACT, I THINK IT WOULD GIVE AN OPPORTUNITY FOR THOSE THAT ACTUALLY DO HAVE POULTRY ON SITE IN THE R-1, THAT THIS WOULD GIVE THEM A TIME FRAME TO HAVE A GOOD UNDERSTANDING, GIVE CODE AND OPPORTUNITY AND OUR PLANNING DEPARTMENT TO WORK WITH THEM TO SAY, OKAY, WE'RE GOING TO BE THIS IS WHAT WE'RE PROPOSING. YOU KNOW, WE HAVE GREAT OUTREACH EFFORTS. OUR CITY MANAGERS NEWSLETTER. I GET A LOT OF COMPLIMENTS ON HOW GOOD THAT IS. MR. MURPHY'S DEVELOPED HIS INFORMATIONAL BULLETINS, AND I THINK WHAT SEPARATES THIS ORDINANCE AMENDMENT FROM OTHERS IS THAT WE'RE INSERTING A NEW PERMITTED USE IN HERE. GRANTED, IT'S PIGGYBACKING OFF OF OTHERS. I, I SUPPORT IT, BUT I WOULD LIKE TO GIVE AN OPPORTUNITY TO THOSE THAT CURRENTLY HAVE POULTRY OPERATIONS TO SORT OF GET MORE OF A HEADS UP. YES, IT WAS ADVERTISED AT THE PLANNING COMMISSION, BUT IT'S IT'S CONTAINED WITHIN A WHOLE BUNCH OF OTHER AMENDMENTS. AND I DON'T THINK THIS IS BROUGHT TO THE FOREFRONT AND JUST THE VOLUME OF PARCELS AFFECTED. SO I WOULD REQUEST THAT MY COLLEAGUES CONSIDER REMOVING THAT PARTICULAR AMENDMENT, HAVING IT AS A STANDALONE. A LITTLE MORE OUTREACH ON IT. AND SO PEOPLE UNDER THE R1 ZONE, I WOULD BET YOU OF THE 9900 OR 9100 OR SO PARCELS, IF I COULD FIND 50, I'LL EVEN BE GRACIOUS 20 PEOPLE THAT ARE AWARE THAT THIS POTENTIALLY COULD BE HAPPENING TO THEIR PROPERTY. I WOULD BE SURPRISED AND I JUST DON'T WANT SURPRISES FOR OUR CONSTITUENTS. SO THAT'S MY THOUGHT PROCESS I WANTED TO SHARE WITH YOU. OKAY, MISS LUNA, YOU USED UP YOUR QUESTION AND COMMENT, PERIOD. MISS BURKHOLDER. THANK YOU. MAYOR. BASED ON MY COLLEAGUES COMMENTS, MY QUESTION IS, HOW ARE THOSE PARCELS? THOSE THOSE FOLKS GOING TO BE NOTIFIED OF THIS CHANGE? SORRY. I'M SORRY. COUNCIL MEMBER BURKHOLDER, WOULD THAT BE IF WE WERE TO DO SOMETHING? AS COUNCIL MEMBER LUNA SUGGESTS, THE PROCESS TO GO ABOUT NOTIFYING OUR ONE PROPERTY OWNERS. IT WOULD BE IN IN EITHER CIRCUMSTANCE, BECAUSE IF WE'RE JUST TAKING THIS OUT SEPARATELY OR INCLUDING IT TONIGHT, EITHER WAY, THE PEOPLE NEED TO BE INFORMED. SO HOW WHAT IS THAT PROCESS? WELL, I THINK FIRST OF ALL, IF WE WERE TO TAKE IT AS A SEPARATE AMENDMENT, IF WE WERE TO GO THAT ROUTE, WE WOULD CERTAINLY WORK WITH OUR COMMUNICATIONS DEPARTMENT AND DETERMINE WHAT THE BEST PROCEDURE WOULD BE, WHETHER IT'S THE CITY MANAGER'S NEWSLETTER AND OR OTHER THINGS. AND IF THE COUNCIL WERE TO CONSIDER ADOPTING IT AS PART OF THE ORDINANCE TONIGHT, THE CHICKEN STANDARDS, THAT IS, WE WOULD ALSO WORK WITH OUR COMMUNICATIONS TO SEE THE BEST WAY TO GET THAT MESSAGE OUT. OKAY, I'M FINE EITHER WAY. INCLUDING IT TONIGHT OR NOT. IT'S JUST THE IMPORTANCE OF MAKING SURE PEOPLE KNOW I USED TO HAVE CHICKENS. THERE'S A LOT OF PEOPLE IN MY NEIGHBORHOOD THAT HAVE CHICKENS. I MEAN, I JUST DON'T THINK IT'S FAIR IF WE MAKE A CHANGE AND IMPOSE THIS AND THEN NOT HAVE PEOPLE INFORMED BECAUSE SOME CHANGES, AS THE SPEAKER SAID PREVIOUSLY MIGHT HAVE TO BE CHANGED AND HOMEOWNERS MAY NOT BE INFORMED. SO I WOULDN'T WANT US TO BE COMING DOWN AS A CODE VIOLATION OR SOMETHING LIKE THAT. IF WE REALLY SHOULD HAVE DONE A LITTLE MORE OUTREACH AND MADE SURE THAT PEOPLE KNEW WHAT WAS GOING ON. THANK YOU. MR. ACOSTA. GREAT. THANK YOU. YES. MY FIRST QUESTION IS ABOUT AMENDMENT EIGHT. [00:50:04] THIS IS THE ONE WE'RE LOOKING AT NOW. WHAT OTHER CITIES ARE DOING THE SAME KIND OF POULTRY RULE WHERE THEY BAN ROOSTERS? I HAVE HEARD OF THEM AND I FEEL LIKE ENCINITAS HAS THIS EXACT SAME RULE, BUT I JUST WANTED TO CHECK AND SEE IF YOU HAD MORE INFORMATION ABOUT THAT. YES, IF YOU LOOK UP AT THE SCREEN, I HAVE FOUR JURISDICTIONS HERE. THIS INCLUDES THE CITY OF SAN DIEGO, THE COUNTY OF SAN DIEGO, OCEANSIDE AND ENCINITAS, THE COUNTY OF SAN DIEGO, THE CITY OF SAN DIEGO AND OCEANSIDE ALL PROHIBIT ROOSTERS ACROSS THE BOARD. ENCINITAS IS ONE OF THE ONLY ONES THAT I CAN FIND LOCALLY WITHIN THE COUNTY OF SAN DIEGO THAT DOES ALLOW ROOSTERS. GREAT. THANK YOU. THANK YOU FOR THIS EXTRA INFORMATION THAT WASN'T IN OUR PACKETS, I THINK IS REALLY GREAT TO SHARE WITH THE PUBLIC AS WELL. I, I ALSO AGREE THAT THERE'S KIND OF A LACK OF INFORMATION, SO I LOVE THE IDEA OF CALLING THIS OUT AND SHARING THIS WITH THE PUBLIC, JUST IN CASE THEY'RE THINKING OF HAVING THEIR OWN EGGS AND THEIR OWN CHICKENS AT HOME. MY SECOND QUESTION IS ABOUT AMENDMENT 16, THE GRADING ONE, BECAUSE I SAW SOME PUBLIC COMMENT COME THROUGH ON EMAIL ABOUT EXEMPTING THE CITY'S CAPITAL IMPROVEMENT PROJECTS. AND I JUST WANT TO SEE IF YOU CAN CLARIFY THAT WE'RE STILL FOLLOWING SEQUA AND ALL THAT PART. I KNOW I SAW A BRIEF MENTION OF THAT IN THE STAFF REPORT, BUT IF YOU COULD ELABORATE A LITTLE BIT MORE ON THE FACT THAT THE CITY MAY BE EXEMPTED FROM THIS GRADING RULE, BUT WE'RE STILL DOING THE ENVIRONMENTAL WORK. YES. THANK YOU. CORRECT. SO THE EXEMPTION HAS TO DO WITH WHETHER CITY PROJECTS NEED A GRADING PERMIT. WHILE THE PROPOSAL MAY BE THAT THEY WOULD BE EXEMPT FROM THAT PARTICULAR PERMIT, THEY'RE STILL SUBJECT TO ALL THE STANDARDS THAT ANY OTHER DEVELOPMENT WOULD. HILLSIDE STANDARDS. COASTAL DEVELOPMENT PERMIT STANDARDS, HABITAT STANDARDS. ALL OF THOSE WOULD CONTINUE TO APPLY. OKAY. I THINK THE CONCERN WAS MOSTLY IN THE COASTAL ZONE. SO ALL OF THOSE THINGS WOULD STILL APPLY. OKAY, GREAT. AND WITH THAT, I AM SUPPORTIVE OF MY COLLEAGUE'S REQUEST TO PULL THE POULTRY PORTION OUT, BECAUSE I KNOW THAT THERE'S A LOT OF INTEREST IN THAT IN THE COMMUNITY. THANKS, MISS BHAT-PATEL. I'M SORRY, I JUST HAVE A COMMENT. GO FOR YOUR COMMENTS. GREAT. THANK YOU. AND THANKS FOR THE PRESENTATION AND I'M HAPPY TO SUPPORT MY COLLEAGUES. YOU KNOW, JUST PULLING THAT PIECE OUT AS WELL. I KNOW THAT WHEN I FIRST STARTED AND EVEN THROUGHOUT MY TIME HERE, I'VE DEFINITELY RECEIVED EMAILS REGARDING YOU KNOW, KEEPING CHICKENS WITHIN THE R1 ZONING. AND SO I THINK THERE WOULD BE AT LEAST SOME QUESTIONS OR COMMENTS ASSOCIATED WITH THAT FROM OTHERS IN THE COMMUNITY. AND I'M IN A DISTRICT WHICH WASN'T MENTIONED, DISTRICT THREE. SO I DO THINK THAT YOU KNOW, THAT OUTREACH AND JUST BEING ABLE TO MAKE SURE THAT FOLKS ARE AWARE OF THIS CHANGE. I DID WHEN THIS CAME UP, I DID REACH OUT TO FOLKS THAT I, YOU KNOW, JUST JUST NORMAL COMMUNITY MEMBERS JUST TO ASK, HEY, ARE YOU AWARE THIS IS HAPPENING TODAY? WHAT WOULD YOUR THOUGHTS BE? THEY WEREN'T AWARE. AND SO THERE WERE DEFINITELY SOME COMMENTS DURING THAT CONVERSATION. SO I DO THINK THAT IT WOULD BE A GOOD IDEA FOR US TO MAYBE PULL THAT OUT. SO I'M HAPPY TO SUPPORT THAT. I JUST WANT CLARIFICATION WHEN YOU SAY PULL IT OUT, WE'RE JUST GOING TO VOTE SEPARATELY ON THIS. ARE WE GOING TO BRING THAT BACK AT ANOTHER DATE? MISS LUNA, THAT WAS YOUR YOUR PROPOSAL. IS THIS TO BRING IT BACK AT ANOTHER DATE OR JUST TO VOTE ON IT TODAY SEPARATELY? CINDY, WOULD YOU HAVE A PREFERENCE ON WHAT WOULD BE PREFERABLE IF I UNDERSTOOD YOUR REQUEST? YOU WERE YOU WEREN'T OPPOSED TO INTRODUCING THE REMAINDER OF THE ORDINANCE. YOU JUST WANTED TO EXCLUDE THE PORTION OF THE ORDINANCE THAT DEALT WITH THE POULTRY. RIGHT. BUT BUT I WANT TO BRING IT BACK AS A STANDALONE ORDINANCE. SO THAT WOULD BE MY RECOMMENDATION. SO YOU CAN DO IT FOR CLARITY IN TWO MOTIONS. SO THE FIRST MOTION CAN BE INTRODUCTION OF THE ORDINANCE. THE PART THAT YOU WOULD BE EXCLUDING WOULD BE PARAGRAPH TEN IN THE NOW THEREFORE SECTION. AND THAT BEGINS ON PAGE 14 OF THE STAFF REPORT. SO SO YOU'D BE EXCLUDING THAT ENTIRE PARAGRAPH? CAN I JUST SAY SO? MOVED BASED ON WHAT THE CITY ATTORNEY JUST SAID. AND I'LL SECOND THAT. PLEASE VOTE. PASSES UNANIMOUSLY. AND NOW WE NEED A SECOND MOTION TO BRING BACK THE CHICKEN OWNING NEIGHBOR ISSUE. YES, I WOULD, I WOULD LIKE TO PROPOSE THAT THE STANDALONE AMENDMENT WITH RESPECT TO AMENDING THAT PORTION OF THE ZONING ORDINANCE UNDER THE R1 ZONE FOR PERMITTED USES TO COME BACK SEPARATELY AT AS, AS SOON AS YOU CAN DO A GOOD OUTREACH PROGRAM. [00:55:02] AND THAT WOULD BE I WOULD LEAVE THAT UP TO STAFF AND THE CITY MANAGER TO WORK THAT OUT, BUT SOONER THAN LATER. SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. ITEM NUMBER TEN. [10. AMENDMENT TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN MULTIUNIT RESIDENCES – 1) Introduction of an ordinance adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit smoking in multi-unit residences (Case Name: Smoke-Free Multi-Unit Housing Ordinance; Case No.: ZCA 2024-0004); and 2) Consider the enforcement options provided in the staff report and provide direction. (Staff contact: Mike Strong, Community Services Department)] CITY MANAGER. YES. ITEM NUMBER. I DO HAVE TO MAKE A COMMENT ON ITEM NUMBER TEN. I DO OWN SOME APARTMENTS IN CARLSBAD, BUT I ASKED THE CITY ATTORNEY WHETHER I HAVE TO DISQUALIFY MYSELF. AND THE ANSWER IS, ALTHOUGH I HAVE FINANCIAL INTEREST IN MULTIFAMILY PROPERTY IN CARLSBAD, I AM ABLE TO PARTICIPATE IN THIS AGENDA ITEM UNDER WHAT'S KNOWN PUBLIC GENERALLY. EXCEPTION. THIS EXCEPTION APPLIES BECAUSE THE DECISION ON THIS AGENDA WILL AFFECT MORE THAN 25% OF THE RESIDENTIAL PROPERTY IN CARLSBAD, AND WILL NOT UNIQUELY AFFECT THE PROPERTY IN WHICH I HAVE A FINANCIAL INTEREST. CITY MANAGER. YEAH. ITEM NUMBER TEN IS AN AMENDMENT TO CARLSBAD MUNI CODE TO PROHIBIT SMOKING IN MULTI-UNIT RESIDENCES, MAKING OUR PRESENTATION TODAY AS OUR ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR, MIKE STRONG, SIR. THANK YOU. GOOD EVENING, MAYOR, AND GOOD EVENING, COUNCIL. MY NAME IS MIKE STRONG, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT, AND I'LL PROVIDE THE PRESENTATION THIS EVENING. HOUSING ELEMENT PROGRAM 1.12 DIRECTED THE CITY TO CONSIDER. BY THE END OF 2023, THE MERITS OF AN ORDINANCE THAT WOULD PROHIBIT SMOKING IN MULTIFAMILY UNIT HOUSING. TO SATISFY THIS REQUIREMENT, THE CITY COUNCIL RECEIVED A REPORT ON AUGUST 22ND, 2023 DESCRIBING DIFFERENT OPTIONS TO REGULATE MULTI-UNIT SMOKING. CITY COUNCIL THEN DIRECTED STAFF TO DEVELOP A COMPLETE SMOKING PROHIBITION IN MULTIFAMILY HOUSING UNITS AND OUTDOOR COMMON AREAS, AND INCLUDE EDUCATION AND ENFORCEMENT OPTIONS, AND RETURN TO CITY COUNCIL FOR CONSIDERATION. THE STAFF REPORT AND THIS PRESENTATION SATISFIES THAT DIRECTION. IN RESPONSE TO CITY COUNCIL'S DIRECTION, CITY STAFF PREPARED A DRAFT ORDINANCE. STAFF REACHED OUT TO MANY OTHER AGENCIES THAT PROHIBIT SMOKING IN MULTI-UNIT BUILDINGS, AND HAD CONVERSATIONS WITH THEIR STAFF ABOUT BEST PRACTICES. THE PUBLIC HEALTH LAW CENTER ALSO PUBLISHES A MODEL ORDINANCE FOR CALIFORNIA CITIES AND COUNTIES INTERESTED IN CREATING SMOKE FREE HOUSING. THIS WAS A STARTING POINT OF THE DEVELOPING THE DRAFT ORDINANCE. SPECIAL CONSIDERATION WAS ALSO GIVEN TO HOW THE ORDINANCE WOULD BE SUCCESSFULLY IMPLEMENTED, AND OF SPECIAL CONSIDERATION WAS EDUCATION AND ENFORCEMENT. MOST OF THE CITIES CONTACTED STATED THAT SUFFICIENT EDUCATION INCREASES COMPLIANCE RATES AND REDUCES THE NEED FOR ACTIVE ENFORCEMENT. THIS INCLUDES NOTICE, AWARENESS AND RESOURCES TO HELP PROPERTY MANAGERS, LANDLORDS AND TENANTS KNOW THE RULES AND TO REMAIN IN COMPLIANCE. BASED ON OTHER CITIES OF SIMILAR SIZE IN THE STATE. WITH SMOKE FREE HOUSING POLICIES, IT'S ANTICIPATED THAT THE CITY WOULD FIELD FROM 1 TO 10 COMPLAINTS PER MONTH IN THE INITIAL YEAR PERIOD AFTER ORDINANCE WAS ADOPTED, EVEN IF EXISTING OR ADDITIONAL STAFF RESOURCES WERE TO BE PROVIDED TO SUPPORT THE IMPLEMENTATION OF THIS ORDINANCE. THERE WERE STILL WOULD BE SOME CHALLENGES. LAW ENFORCEMENT OFFICERS AND CODE ENFORCEMENT OFFICERS HAVE THE AUTHORITY TO INSPECT RESIDENTIAL PROPERTIES TO ENFORCE COMPLIANCE WITH RELEVANT CITY LAWS AND REGULATIONS. DEPENDING ON THE TIME OF DAY AND PRIORITY OF CASES, THE RESPONSES TO A NON-EMERGENCY SMOKING VIOLATIONS WOULD LIKELY BE WITHIN 24 HOURS. THAT IS THE NEXT BUSINESS DAY, WHICH OF COURSE MAKES IT DIFFICULT TO GATHER PROOF OF A SMOKING VIOLATION AS IT OCCURS. IF A TENANT OR HOMEOWNER DOES NOT CONSENT TO A LAW ENFORCEMENT OR CODE ENFORCEMENT OFFICER COMING INTO THEIR HOME, THE OFFICERS MAY NOT ENTER WITHOUT A WARRANT AND MAY BE EXTREMELY DIFFICULT TO INVESTIGATE AND CATCH A SMOKE SMOKER IN THE ACT, BECAUSE A SMOKING VIOLATION DOES DOESN'T ELEVATE TO AN EMERGENCY SITUATION, LAW ENFORCEMENT OFFICERS AND CODE ENFORCEMENT OFFICERS MAY BE UNABLE TO IDENTIFY A VIOLATOR, GATHER THE EVIDENCE NEEDED TO SUCCESSFULLY WRITE A CITATION, EVEN IF ACCESS INTO THE BUILDING OR UNIT WAS GRANTED. THERE ARE THREE DIFFERENT TYPES OF ENFORCEMENT OPTIONS. OPTION ONE IS THE CITY TAKING THE LEAD WITH ENFORCEMENT IN CONSIDERATION OF THE AFOREMENTIONED CHALLENGES. ADMINISTRATIVE FINES FOR VIOLATIONS MAY BE AN EFFECTIVE INCENTIVE, AND THIS WOULD HELP AVOID NEIGHBOR AND NEIGHBOR CONFLICTS BECAUSE OF THE CHALLENGES TO TIMELY RESPONSE OR ENFORCEMENT AUTHORITY AND JURISDICTION, THIS MAY NOT ALWAYS BE A GOOD MECHANISM TO CATCH PEOPLE IN THE ACT. FURTHER, NEITHER DOES THE CITY'S POLICE DEPARTMENT NOR CODE ENFORCEMENT DIVISION HAVE THE ADEQUATE RESOURCES TO ASSUME ADDITIONAL ENFORCEMENT RESPONSIBILITIES OF THE PROPOSED ORDINANCE. A SECOND OPTION IS TO EXTEND THE ENFORCEMENT POWER TO THOSE INDIVIDUALS WHO ARE DIRECTLY AFFECTED BY THE VIOLATIONS OF THE SMOKE FREE HOUSING POLICIES, BY PERMITTING RESIDENTS TO ENFORCE SMOKE FREE HOUSING RULES IN COURT BY A LAWSUIT, THE TRADITIONAL BARRIERS OF ENFORCEMENT CAN BE BYPASSED. THIS MAY NOT ALWAYS BE POSSIBLE TO USE THIS APPROACH, BECAUSE IT REQUIRES A COMPLAINING PARTY WHO IS WILLING OR HAS THE TIME TO PURSUE CIVIL ENFORCEMENT. A THIRD OPTION IS TO PLACE ENFORCEMENT RESPONSIBILITY ON LANDLORDS AND PROPERTY MANAGERS. [01:00:03] UNDER THIS APPROACH, THE CITY COULD REQUIRE LANDLORDS AND PROPERTY MANAGERS TO INFORM INDIVIDUALS OF THE PROHIBITIONS AT THE TIME THE UNIT IS RENTED OR SOLD. ADDITIONALLY, THE ORDINANCE COULD REQUIRE LANDLORDS OR PROPERTY MANAGERS TO INCLUDE SMOKING PROHIBITION AS A TERM OF A LEASE AGREEMENT. RENEWAL. BASED ON CITY COUNCIL'S AUGUST 22ND, 2023 DIRECTION, THE OPTIONS TWO AND THREE WERE INCLUDED IN STAFF'S RECOMMENDATION AND THE DRAFT ORDINANCE WHICH IS ATTACHED TO THE STAFF REPORT. OPTIONS TWO AND THREE DO NOT INVOLVE ADDITIONAL STAFFING AND MINIMIZE IMPACTS TO EXISTING STAFF RESOURCES. ACCORDING TO AMERICAN NONSMOKERS RIGHTS FOUNDATION, THERE ARE NOW 84 LOCAL AGENCIES IN THE STATE THAT HAVE ENACTED A LAW PROHIBITING SMOKING IN 100% OF THE MULTI-UNIT BUILDINGS IN THEIR JURISDICTIONS. THERE ARE AN ADDITIONAL 16 LOCAL AGENCIES IN THE STATE THAT RESTRICT SMOKING IN SOME PRIVATE UNITS, OR PERCENTAGE OF THE BUILDING. OUT OF THE 100 AGENCIES THAT HAVE A HYBRID, OUT OF THE 100 AGENCIES THAT ARE LISTED IN THAT INVENTORY, MOST HAVE A HYBRID APPROACH TO ENFORCEMENT. THE MOST POPULAR BUNDLES THE DIFFERENT OPTIONS, AND WITH MIXED ENFORCEMENT REMEDIES. THE MOST COMMON IS BUNDLING ALL THREE OPTIONS WHERE THE CITY, CIVIL ENFORCEMENT, AND PROPERTY MANAGER ALL HAVE A PART TO PLAY IN THE ENFORCEMENT. HOWEVER, THERE ARE EXAMPLES OF SUCCESSFUL EXAMPLES OF EACH SCENARIO. EDUCATION, STAKEHOLDER AND COMMUNITY ENGAGEMENT AND STRONG OUTREACH PLAY A KEY STEP IN THE ADOPTION OF EFFECTIVE SMOKE FREE ORDINANCES. EXHIBIT SIX DETAILS A STEP THAT WOULD BE TAKEN IF THE ORDINANCE WAS ADOPTED. ENSURE THE PROGRAM IS SUCCESSFUL FOR ALL PARTIES. EXHIBIT SIX ALSO LISTS OTHER POTENTIAL OUTREACH METHODS, BUT THE CITY HAS NO BUDGETED RESOURCES ALLOCATED TO PERFORM ADDITIONAL OUTREACH OR EDUCATION. IN KEEPING WITH THE CITY COUNCIL APPROVED 20 2324 WORK PROGRAM, THE HOUSING COMMISSION CONSIDERED THE ANTI SMOKING ORDINANCE WITH FOCUS ON EDUCATION AND ENFORCEMENT ON FEBRUARY 8TH, 2024. A SUMMARY OF THE DISCUSSION POINTS IS PROVIDED IN THE STAFF REPORT AT THE MEETING. STAFFER CONCERNS ABOUT STAFFING, RESOURCES AND HEAVY HANDED ENFORCEMENT, WHICH WERE SIMILAR TO THE COMMENTS MADE BY THE CITY COUNCIL AT THE AUGUST 22ND, 2023 MEETING. HOWEVER, BY USING THE ENFORCEMENT MECHANISMS UNDER OPTIONS TWO AND THREE, STAFF DO NOT BELIEVE THE DRAFT ORDINANCE CREATES AN UNUSUAL RISK OF SUCH PROBLEMS. AT THE BEGINNING OF APRIL, THE DRAFT ORDINANCE WAS SENT TO 89 APARTMENT OWNERS, 47 PROPERTY MANAGEMENT COMPANIES, AND 492 MULTI-UNIT BUILDING PARTIES. A TOTAL OF 628 RECIPIENTS FOR A TWO WEEK PUBLIC REVIEW PERIOD. THE DRAFT ORDINANCE WAS ALSO SENT TO THE VISTA COMMUNITY CLINIC, SOUTHERN CALIFORNIA RENTAL HOUSING ASSOCIATION, AND THE CALIFORNIA APARTMENT ASSOCIATION, WHERE THE INFORMATION WAS PASSED ALONG TO THEIR MEMBERS. COMMENTS WERE RECEIVED, 27 WRITTEN COMMENTS WERE RECEIVED DURING THE PUBLIC REVIEW PERIOD, AND A WRITTEN RESPONSE TO EACH COMMENT WAS PREPARED. PREPARED. EXHIBIT SEVEN PROVIDES ALL COMMENT LETTERS RECEIVED DURING THE PUBLIC REVIEW PERIOD AND A RESPONSE TO EACH COMMENT. ADDITIONAL RESPONSES RECEIVED AFTER APRIL 22ND AND THROUGH THE PUBLICATION OF THIS STAFF REPORT ARE PROVIDED IN EXHIBIT EIGHT. THE PROPOSED ORDINANCE REFLECTS PREVIOUS COUNCIL DIRECTION AND COMMUNITY INPUT. USE OF ELECTRONIC SMOKING DEVICES LIKE E-CIGARETTES OR OTHER VAPING PRODUCTS, AS WELL AS SMOKING AND VAPING MARIJUANA AND CANNABIS IS LISTED IN THE SAME MANNER AS IT REGULATES SMOKING TOBACCO. SMOKING WOULD BE PROHIBITED IN EXTERIOR COMMON AREAS SUCH AS HALLS, PATHWAYS, LOBBIES, STAIRWELLS, MILL AREAS, ROOMS, COMMITTEE ROOMS, PLAYGROUNDS, POOLS, LAUNDRY ROOMS, AND PARKING LOTS. A DESIGNATED SMOKING AREA COULD BE ESTABLISHED BY THE PROPERTY MANAGER OR LANDLORD, BUT MUST BE AT LEAST 25FT FROM UNITS AND OTHER OUTDOOR AMENITIES. THE PROPOSED ORDINANCE DOES NOT LIST THE CITY AS THE LEAD WITH ENFORCEMENT BY INCLUDING THESE PROVISIONS IN LEASE AGREEMENTS. SMOKING BECOMES A VIOLATION OF BOTH THE LEASE AND THE LOCAL ORDINANCE AND IS CONSIDERED A NUISANCE. THUS, LANDLORDS AND PROPERTY MANAGERS MAY BE BETTER ABLE TO ENFORCE A NO SMOKING LEASE TERMS MORE SO THAN MORE ARBITRARY CONDITIONS AND RENTAL AGREEMENT, SINCE SMOKING WOULD NOW BE BOTH A BREACH OF A CONTRACT AND A VIOLATION OF CITY LAW. AS AN ALTERNATIVE ENFORCEMENT MECHANISM, ENFORCEMENT WOULD ALSO BE EXTENDED TO THOSE INDIVIDUALS THAT ARE DIRECTLY AFFECTED BY THE VIOLATIONS OF THE SMOKE FREE HOUSING ORDINANCE THROUGH THE THIRD PARTY BENEFICIARY PROVISION. AS PROPOSED, THE NEW RULES WILL GO INTO EFFECT AT THE END OF THIS CALENDAR YEAR OR STARTING ON JANUARY 1ST, WHICH WOULD PROVIDE A ONE MONTH, FIVE MONTH PERIOD TO ROLL OUT THE PROGRAM AND NOTIFY ALL INTERESTED PARTIES AND PROVIDE THE RESOURCES TO BOTH TENANTS AND PROPERTY MANAGERS. TO SUMMARIZE WHAT IS INCLUDED. APARTMENT BUILDINGS FOR SALE OR FOR RENT. CONDOS. SENIOR ASSISTED LIVING FACILITIES. LONG TERM HEALTH CARE FACILITIES. SINGLE FAMILY HOMES LICENSED AS CARE FACILITIES. WHAT IS NOT INCLUDED ARE HOTELS AND MOTELS. [01:05:03] HOWEVER, SENATE BILL 626, WHICH JUST WENT INTO EFFECT JANUARY 1ST OF THIS YEAR, DOES CREATE A 100% UNIT SMOKE FREE ENVIRONMENTS IN HOTELS AND MOTELS. MOBILE HOME PARKS, CAMPGROUNDS, SINGLE FAMILY HOMES AND ACCESSORY DWELLING UNITS ARE ALSO EXCLUDED FROM THIS ORDINANCE. STAFF'S RECOMMENDATION IS TO CONSIDER THE VARIOUS ENFORCEMENT OPTIONS AND IF THERE IS CONCURRENCE FROM THE FULL CITY COUNCIL OR MAJORITY OF THE COUNCIL TO INTRODUCE THE ORDINANCE. ADDING CHAPTER 6.15 TO THE MUNICIPAL CODE AS ATTACHED AS EXHIBIT TO THE STAFF REPORT. THAT CONCLUDES STAFF'S PRESENTATION. I'M AVAILABLE TO ANSWER ANY QUESTIONS. DO WE HAVE ANY SPEAKERS? CAN YOU OPEN THE PUBLIC HEARING, PLEASE? OPENING THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? YES WE DO. WE'RE GOING TO HAVE TO PUT A BIG SIGN UP THERE THAT JUST SAYS OPEN PUBLIC HEARING? SORRY. JENNIFER GILL, FOLLOWED BY KELLY MCCORMICK. GOOD EVENING, CARLSBAD CITY COUNCIL. MY NAME IS JENNIFER GILL, AND I'M THE PROGRAM MANAGER OF VISTA COMMUNITY CLINICS TOBACCO CONTROL PROGRAM. I WANTED TO THANK YOU FOR CONSIDERING SMOKE FREE MULTIFAMILY HOUSING POLICY OPTIONS FOR THE CITY OF CARLSBAD. AS YOU KNOW, EXPOSURE TO SECONDHAND SMOKE IS RESPONSIBLE FOR OVER 40,000 DEATHS IN THE US EACH YEAR. ACCORDING TO THE US SURGEON GENERAL. THERE IS NO SAFE LEVEL OF EXPOSURE TO SECONDHAND SMOKE, AND IT CAN CAUSE IMMEDIATE HARM EVEN IN BRIEF EXPOSURES INCLUDING COUGHING, HEADACHES, EYE NASAL IRRITATION AND SORE THROAT IN THE SHORT TERM. IN THE LONG TERM, SECONDHAND SMOKE IS ASSOCIATED WITH HEART DISEASE, STROKE, CERTAIN CANCERS, AND ADULTS, ALONG WITH EAR INFECTIONS AND ASTHMA IN CHILDREN AND PREMATURE BIRTH, LOW BIRTH WEIGHT, AND SUDDEN INFANT DEATH SYNDROME IN INFANTS. SECONDHAND SMOKE CAN TRAVEL THROUGH WALLS AND FLOORS, VENTILATION SYSTEMS, AND EVEN ELECTRICAL SYSTEMS, ACCORDING TO THE 2021 CENSUS DATA. ABOUT 30% OF HOUSING UNITS IN CARLSBAD WERE MULTI-UNIT HOUSING AND POLICIES THAT PROHIBIT SMOKING AND VAPING FOR THESE COMMUNITIES, INCLUDING APARTMENTS, CONDOMINIUMS, AND TOWNHOMES, WILL PROVIDE EQUITABLE OPPORTUNITIES FOR EVERYONE TO ENJOY A SAFE AND HEALTHY LIVING ARRANGEMENT, DESPITE WHETHER OR NOT THEY OWN THEIR RESIDENCES. COMPREHENSIVE, SMOKE FREE POLICIES CAN FULLY PROTECT PEOPLE FROM SECONDHAND SMOKE SMOKE EXPOSURE OF ANY KIND, ENSURING A SAFE AND HEALTHY ENVIRONMENT FOR ALL WHO LIVE, WORK AND VISIT THESE COMMUNITIES. ACCORDING TO AMERICAN NONSMOKERS RIGHTS FOUNDATION, I'M GOING TO SAY THE SAME STATS THAT MIKE JUST DID. THERE ARE 84 MUNICIPALITIES IN THE STATE OF CALIFORNIA THAT HAVE A POLICY THAT PROHIBITS SMOKING IN 100% OF PRIVATE UNITS OF RENTAL MULTI-UNIT HOUSING PROPERTIES. OF THESE MUNICIPALITIES, 77 HAVE LAWS THAT PROHIBIT SMOKING IN 100% OF PRIVATE UNITS OF BOTH RENTAL AND OWNER OCCUPIED MULTI UNIT HOUSING PROPERTIES. THERE ARE VARIOUS DIFFERENT ENFORCEMENT PROTOCOLS FOR EACH MUNICIPALITY BASED ON DIFFERENT FACTORS THAT WORK BEST FOR THEIR JURISDICTION. IN FACT, MANY CITIES INCORPORATE A COLLABORATIVE APPROACH OF ENFORCEMENT THAT INVOLVES A PARTNERSHIP BETWEEN THE CITY PROPERTY MANAGERS, HOAS, OUTSIDE AGENCIES THAT CAN ASSIST IN THE PROCESS. WE HOPE CITY COUNCIL WILL KEEP THIS COMMUNITY COMMUNITY CLINIC IN MIND. SHOULD YOU HAVE ANY QUESTIONS OR NEED FURTHER RESOURCES, WE'D BE HAPPY TO ASSIST THE CITY IN CONDUCTING COMMUNITY OUTREACH, EDUCATIONAL PRESENTATIONS, RESOURCES FOR SIGNAGE, AND MORE. PLEASE DON'T HESITATE TO CONTACT US FOR SUPPORT. AND THANK YOU AGAIN FOR CONSIDERING SUCH AN IMPORTANT TOPIC. HELLO, I'M KELLY MCCORMICK, SPEAKING THIS TIME AS A PUBLIC HEALTH EDUCATOR WITH SAN DIEGUITO ALLIANCE FOR DRUG FREE YOUTH. I'VE LIVED IN CARLSBAD WITH MY FAMILY FOR THE PAST 20 YEARS. I WOULD LIKE TO THANK CITY COUNCIL AND STAFF FOR BRINGING THIS ITEM FORWARD. A COMPREHENSIVE SMOKE AND VAPE FREE POLICY IN ALL MULTI-UNIT HOUSING WOULD BE A WIN FOR CARLSBAD RESIDENTS, IMPROVING BOTH THEIR HEALTH AND QUALITY OF LIFE. THIS IS PARTICULARLY TRUE FOR CHILDREN IN THOSE WITH FRAGILE HEALTH WHO ARE MOST VULNERABLE TO THE NEGATIVE IMPACTS OF SECONDHAND AND THIRD HAND SMOKE. SECOND HAND SMOKE SEEPS THROUGH WINDOWS, DOORWAYS, VENTILATION SYSTEMS, AND ELECTRICAL OUTLETS. THE RESIDUE STICKS TO VIRTUALLY EVERYTHING FROM CHILDREN'S TOYS TO CARPETING, DRAPES, AND FURNITURE. AIR FILTERS ARE NOT EFFECTIVE AT ELIMINATING SMOKE PARTICULATES OR RESIDUE. THE SMOKE FREE ORDINANCE WOULD ALSO BENEFIT PROPERTY OWNERS IN SEVERAL WAYS. IT WOULD REDUCE THE RISK OF SMOKE RELATED FIRES IN APARTMENTS, WHICH COULD REDUCE THE COST OF FIRE INSURANCE PREMIUMS. ADDITIONALLY, SMOKE FREE POLICIES WOULD REDUCE THE COST OF CLEANING WHEN TENANTS MOVE OUT, REDUCE LITTER FROM CIGARETTE BUTTS AND DISPOSABLE VAPE COMPONENTS, AND REDUCE COMPLAINTS ABOUT UNWANTED SMOKE INTRUSION. JUST YESTERDAY, I VISITED THREE CARLSBAD APARTMENT COMMUNITIES THAT ALREADY ARE SMOKE FREE. WITHOUT EXCEPTION, THE PROPERTY MANAGERS WERE HAPPY ABOUT IT AND SO WERE THE RESIDENTS I SPOKE TO. EVERYONE HAS THE RIGHT TO BREATHE CLEAN AIR BY APPROVING THIS POLICY, YOU CAN HELP ENSURE THAT RIGHT FOR ALL CARLSBAD RESIDENTS LIVING IN MULTI-UNIT HOUSING. [01:10:04] THANK YOU. VANESSA FORSYTHE FOLLOWED BY LEANNE WISSINK. HELLO AGAIN. MY NAME IS VANESSA FORSYTH AND I AM ALSO WITH A CARLSBAD RESIDENT, BUT ALSO WITH CLEAN EARTH FOR KIDS. SO THANK YOU FOR THE STAFF FOR DOING THE RESEARCH THAT THEY DID AND SHARING THIS INFORMATION. I'M ASKING THAT THE CITY COUNCIL VOTE TO SUPPORT OPTION THREE. THIS WOULD REQUIRE THE CITY TO PROVIDE SOME INITIAL EDUCATION TO THE COMMUNITY. WHICH VISTA CLINIC COMMUNITY CLINIC HAS INDICATED THEY WOULD HELP WITH? IT'S BASICALLY TO INFORM THE OWNERS OF RENTAL PROPERTIES AND THEIR MANAGERS REGARDING DRAWING UP AGREEMENTS WITH TENANTS PROHIBITING SMOKE OF ANY SUBSTANCE IN MULTI-UNIT HOUSING. SO THAT INCLUDES CIGARETTES, VAPING AND MARIJUANA. IT WOULD NOT REQUIRE ADDITIONAL POLICE TIME AS THEY WOULD NOT BE RESPONSIBLE FOR ENFORCEMENT. AND I UNDERSTOOD PREVIOUSLY THAT WAS A CONCERN OF THE CITY IN TERMS OF POLICE TIME. IT WAS ALREADY MENTIONED QUITE A NUMBER OF CITIES, 84 ALREADY HAVE SIMILAR ORDINANCES HERE IN CALIFORNIA. SECOND HAND SMOKE AGAIN, IS A CONCERN IN TERMS OF HEALTH, PARTICULARLY FOR THE ELDERLY, CHILDREN, THOSE WHO ARE PREGNANT OR HAVE CHRONIC HEALTH CONDITIONS. THEY'RE AT MORE AT RISK OF HEALTH COMPLICATIONS BECAUSE OF SMOKE EXPOSURE. EVEN PETS ARE CONSIDERED TO HAVE PROBLEMS WITH BEING IN PLACES WHERE THERE'S SMOKE. THEY CAN AFFECT THEIR HEALTH. HAVE YOU EVER WALKED INTO A HOTEL ROOM AND NOTICED THAT ALTHOUGH YOU WERE TOLD IT WAS NONSMOKING ROOM, YOU COULD STILL SMELL THE SMOKE INDICATING SOMEONE BEFORE HAD SMOKED THERE? THAT IS THE IMPACT OF THIRD HAND SMOKE THAT REMAINS IN WALLS, RUGS, CURTAINS AND ROOMS WHERE SOMEONE HAS SMOKED. IT WILL BE OF BENEFIT TO OWNERS THAT THEY WILL NOT HAVE THE EXPENSE OF ATTEMPTING DEEP CLEANING TO REMOVE TOBACCO RESIDUE. IT ALSO WILL BENEFIT OUR COMMUNITY, IN THAT RENTERS AND VISITORS WILL RECOGNIZE THAT SMOKING IS NOT PERMITTED IN MULTI-UNIT HOUSING, AND DETERMINE THESE TO BE MORE DESIRABLE PLACES. WITH SMOKING, THERE IS LESS RISK OF SOMEONE FALLING ASLEEP WITH A BURNING CIGARETTE THAT COULD RESULT IN FIRE. SO AGAIN, I ASK YOU TO SUPPORT AND VOTE IN FAVOR OF OPTION THREE, AND THAT THIS AGAIN WILL BE AN OPTION THAT WILL PROTECT HEALTH AND SAFETY FOR OUR COMMUNITY. THANK YOU. THANK YOU FOR THIS OPPORTUNITY TO SPEAK TO YOU TODAY. MY NAME IS LEANNE WAS THINKING I LIVE IN CARLSBAD FOR 25 YEARS. I DID REVIEW THE ORDINANCE QUITE THOROUGHLY. AND ONE OF THE CONCERNS I HAVE. I LIVE IN A CONDO THAT WAS BUILT IN 1986. MY UNDERSTANDING IS THAT CONDOS AND APARTMENTS, WHICH YOU'RE BUILDING DEPARTMENT, MAY BE ABLE TO VERIFY. THE WALLS ON A CONDO ARE DOUBLE OR THICKER. THERE'S NO LIKE ACCESS TO LIKE, YOU TALK ABOUT THE ELECTRICAL OUTLETS. SO THAT'S SOMETHING YOUR BUILDING DEPARTMENT WOULD BE ABLE TO HELP YOU WITH. I FEEL THAT CONDOS SHOULD BE EXEMPT. AND THAT BECAUSE OF THAT CONSTRUCTION. AND I'VE HAD NO PROBLEMS WITH PEOPLE THAT LIVE LIVED NEXT TO ME, THEY CAN'T SMELL ANYTHING FROM MY UNIT. I CAN'T HEAR ANYTHING. SO I THINK THAT IT'S A TRUE STATEMENT. MOVING SMOKERS TO AN OUTDOOR AREA ONLY MAKES UP THE ISSUE WORSE, BECAUSE THERE'S MORE UNITS IN THE AREA AND MORE AIR SPACE THAT THE SMOKE IS GOING OUT TO. IT'S BEYOND 25FT. SO IF YOU CAN FIND THE SMOKE TO THE INDOORS WHERE ACTIONS CAN BE TAKEN, SUCH AS FANS INCENSE CANDLES IN THAT AIRSPACE THAT CAN HELP ELIMINATE THE SECONDHAND SMOKE. THE FIRE. THERE'S A FIRE HAZARD IN THESE AREAS CAUSED BY THE TOSS AWAY RECEPTACLES. THEY COULD BE FIRES. IT WOULD MAKE THE UNITS CLOSE BY TO THAT COMMON AREA IMPOSSIBLE TO RENT AND DECREASE IN VALUE. A LOT OF THE MULTIFAMILY DWELLING COMMUNITIES DON'T HAVE A LARGE ENOUGH COMMON AREA TO ACCOMMODATE A SMOKING MARIJUANA. SMOKE CAN BE MAKE YOU INTOXICATED RIGHT AWAY AND AFFECT PEOPLE THAT WAY. [01:15:09] WE ALSO HAVE TO CONSIDER THAT THERE'S OTHER POLLUTANTS IN THE AIR FROM CARS AND ELECTRIC CARS AS WELL. FUEL CARS. I FEEL THIS CODE HAS NOT BEEN RESEARCHED FULLY. IF YOUR GOAL IS TO HAVE PEOPLE QUIT SMOKING TO ELIMINATE SECONDHAND SMOKE, THEN THERE SHOULD BE PROPER REHABILITATION FOR THAT. AN 800 NUMBER OR A SUPPORT GROUP ARE NOT ENOUGH. THEY NEED INPATIENT CARE LIKE AN ALCOHOLIC ANONYMOUS TYPE CARE IN AN IN-PERSON IN AN INPATIENT SITUATION. I FEEL THAT THE CITY, THE RESIDENTS OF CARLSBAD HAVE NOT BEEN INFORMED ABOUT THIS. JUST OWNERS AND LANDLORDS AND STUFF. AND LEAVING THE ENFORCEMENT TO THE LANDLORDS OR APARTMENTS CAN BE DANGEROUS. HOSTILITY AND HOSTILE DANGER. MA'AM, YOUR TIME HAS EXPIRED. THANK YOU. GINA KNUTSON, FOLLOWED BY PATRICK MASON. GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS. MY NAME IS GINA KNUDSEN. MY HUSBAND AND I OWN A CONDO AT SEAPORT VILLAS IN CARLSBAD, AND WE'VE HAD TENANTS IN THE CONDOMINIUM SINCE 2007. WE'VE HAD A NONSMOKING POLICY IN THE LEASE LANGUAGE. SINCE THAT TIME, WE'VE NEVER HAD COMPLAINTS FROM NEIGHBORS REGARDING DRIFT, DRIFTING, SECONDHAND SMOKE, AND WE'VE NEVER HAD A PROBLEM RENTING OUT THE UNIT. FROM A BUSINESS PERSPECTIVE, HAVING A SMOKE FREE POLICY SAVES US A LOT OF MONEY. WE RETAIN TENANTS LONGER. WE HAVE REDUCED MAINTENANCE AND TURNOVER COSTS ALONG WITH REDUCED RISK OF FIRE. ALSO, IT'S AN AMENITY AS TENANTS ARE NOT EXPOSED TO THE DANGERS OF THIRD HAND SMOKE, WHICH IS LEFTOVER SMOKING RESIDUE FOUND ON SURFACES WHERE SOMEONE AND WHERE SOMEONE HAS SMOKED AND IT CAN LAST FOR YEARS. I HAVE WORKED IN THE PUBLIC HEALTH FIELD FOR 20 YEARS, AND MY SPECIALTY IS EDUCATING COMMUNITY MEMBERS ON TOBACCO PREVENTION AND POLICY WORK. I'M VERY FAMILIAR WITH THE ISSUES OF DRIFTING SECONDHAND SMOKE IN MULTI-UNIT FAMILY HOUSING AND THE IMPACTS IT CAN HAVE ON CHILDREN, THE ELDERLY, AND THOSE WITH DISABILITIES AFFECTED BY THE SECONDHAND SMOKE. I'VE WORKED WITH MANY TENANTS OF MULTI UNIT HOUSING OVER THE YEARS, AND I'VE SEEN HOW SECONDHAND SMOKE CAN AFFECT THEIR HEALTH. SOME OF THEIR STORIES ARE HEARTBREAKING. I'VE BEEN ABLE TO PROVIDE RESOURCES TO HELP MANY OF THESE TENANTS, AND I'VE WORKED WITH MANY PROPERTY MANAGERS AND PROPERTY MANAGEMENT COMPANIES AS WELL. THIS POLICY THAT YOU'RE CONSIDERING THIS EVENING WILL GO A LONG WAY TO HELP THOSE RESIDENTS THAT ARE IN NEED OF SOMETHING LIKE THIS TO PROTECT THEM FROM THE DANGERS OF SECONDHAND SMOKE. CARLSBAD IS KNOWN FOR ITS HEALTHY LIFESTYLE AND FAMILY FRIENDLY AMENITIES. I'M VERY EXCITED THAT CARLSBAD IS MOVING FORWARD WITH A POLICY TO BAN SMOKING IN MULTI-UNIT HOUSING, AND WILL BE THE FIRST CITY IN SAN DIEGO COUNTY TO DO SO. IF YOU GUYS DO CONSIDER THIS TONIGHT, THERE ARE 84 SUCH POLICIES IN JURISDICTIONS THROUGHOUT CALIFORNIA, AND THIS POLICY WILL CREATE SAFER AND HEALTHIER LIVING ENVIRONMENTS FOR RESIDENTS LIVING IN MULTI-UNIT HOUSING. CARLSBAD IS LEADING THE WAY IN SAN DIEGO COUNTY AND MAKING A DIFFERENCE IN THE LIVES OF THEIR RESIDENTS. THANK YOU. HELLO, MY NAME IS PATRICK MASON. I'M A RISING SENIOR AT CARLSBAD HIGH SCHOOL, AND I'VE BEEN A RESIDENT OF CARLSBAD FOR THE LAST FOUR YEARS. AND I'M HERE ON BEHALF OF THE AMERICAN CANCER SOCIETY. THANK YOU TO THIS COUNCIL FOR ITS INTEREST IN PROTECTING CARLSBAD RESIDENTS FROM SECONDHAND SMOKE WHERE THEY LIVE. ALL PEOPLE SHOULD BE ABLE TO ENJOY HOUSING FREE OF SECONDHAND SMOKE AND OTHER DANGEROUS CONDITIONS. SMOKE FREE MULTI-HOUSING POLICIES PROVIDE SIGNIFICANT HEALTH PROTECTIONS FOR ALL. THEY ARE ESPECIALLY IMPORTANT FOR MEDICALLY VULNERABLE PEOPLE, SUCH AS CANCER PATIENTS AND VULNERABLE POPULATIONS SUCH AS YOUNG CHILDREN AND SENIORS. SMOKE FREE LAWS REDUCE EXPOSURE TO SECONDHAND SMOKE AND INCREASE SMOKING CESSATION AMONG ADULTS TRYING TO QUIT, AS WELL AS REDUCING HEALTH CARE COSTS AND CLEANING COSTS. FOR PROPERTY OWNERS, HAVING RELEASE REQUIREMENTS IS A GOOD WAY TO ENFORCE THIS POLICY, AS MOST LEASE RELATED PROVISIONS CAN BE SETTLED BETWEEN LANDLORDS AND AFFECTED TENANTS. BUT WHAT ABOUT THE RESIDENTS THAT CONTINUE TO BE IMPACTED BY ANOTHER SECONDHAND SMOKE, AS THE LANDLORD IS UNABLE TO ADDRESS THE PROBLEM ADEQUATELY? THIS IS UNLIKELY TO HAPPEN OFTEN, AS MOST DISPUTES CAN BE HANDLED BETWEEN A LANDLORD AND TENANT WITH A LEASE AGREEMENT. THE CITY STAFF IS SUGGESTING THAT CIVIL ENFORCEMENT SHOULD BE THE PRIMARY RESOURCE FOR RESIDENTS IN THIS SITUATION, AND I ASK YOU TO CONSIDER THAT OTHER ADDITIONAL OPTIONS FOR ENFORCEMENT BEYOND LANDLORD AND CIVIL ACTIONS SHOULD BE CONSIDERED. I AM PROUD TONIGHT THAT MY CITY WILL BE THE FIRST IN THE COUNTY TO PROVIDE THESE PROTECTIONS, AND I HOPE THAT TONIGHT'S ACTIONS CAN INSPIRE OTHER CITIES TO TAKE THIS IMPORTANT STEP. I URGE A YES VOTE AND THANK YOU SO MUCH FOR ALL OF YOUR WORK. [01:20:03] MAYOR, WE RECEIVED TWO SPEAKER SLIPS AFTER THE PRESENTATION OF THIS ITEM AGAIN. IT'S OUR POLICY THAT WE DON'T ACCEPT SPEAKER SLIPS AFTER THE AGENDA ITEM BEGINS. IF I WERE TO MAKE THE EXCEPTION, THAT MEANS I HAVE TO JUST ELIMINATE THE RULE ALTOGETHER. THAT MEANS I'D HAVE TO MAKE THE EXCEPTION FROM NOW ON. SO I'M GOING TO DENY THOSE TWO REQUESTS. THERE ARE NO ADDITIONAL SPEAKERS. THANK YOU. QUESTIONS FROM COUNCIL MAYOR BHAT-PATEL. EXCUSE ME. CLOSING THE PUBLIC HEARING. MISS BHAT-PATEL. QUESTIONS? YES. THANK YOU. AND THANK YOU FOR THE PRESENTATION. AND TO ALL THE SPEAKERS, I KNOW THAT THIS IS SOMETHING THAT WE'VE BEEN WORKING ON FOR SOME TIME. SO JUST REALLY APPRECIATE THE WORK THAT'S BEEN GOING ON FOR THIS. AND WITH THAT I HAVE SOME QUESTIONS AND DEFINITELY SOME COMMENTS. SO JUST CLARIFYING ON THE THE UNITS THAT WOULD BE AFFECTED, COULD YOU JUST RESHOW THAT ON THE SCREEN? IN TERMS OF WHICH UNITS THIS WOULD BE IF WE DID DECIDE TO MOVE FORWARD TONIGHT, WHICH IT WOULD AFFECT. SO THOSE BUILDING OR USE TYPES INCLUDE APARTMENT BUILDINGS FOR SALE OR FOR RENT, CONDOS OR CONDOMINIUMS, SENIOR LISTED ASSISTED LIVING FACILITIES, LONG TERM HEALTH CARE FACILITIES AND SINGLE FAMILY HOMES IF THEY ARE LICENSED AS A CARE FACILITY. OKAY, GREAT. THANK YOU. I JUST HEARD SOMEONE MENTION TOWNHOMES IN THEIR COMMENTS. SO I JUST WANTED TO CLARIFY THAT BECAUSE THAT'S NOT ON THERE. AND IT SOUNDS LIKE IT WOULD JUST BE THESE ONES RIGHT HERE. THE TOWNHOMES ARE I GUESS IT'S GOOD TO ADDRESS THE COMMENT. TOWNHOMES WOULD BE CATEGORIZED UNDER THIS MULTI UNIT BUILDING DESCRIPTION. SO THAT WOULD FALL UNDER THE CONDOMINIUM COMPLEX. DESIGNATION. THE DO WE CAN I JUST REALLY QUICKLY INTERJECT THERE, DO WE EXPLICITLY PUT THAT. DO WE HAVE THAT EXPLICITLY IN HERE FOR THE REASON WHY I ASK IS BECAUSE IF SOMEONE WERE TO READ THAT, THEY WOULD SEE CONDOMINIUMS AND NOT TOWNHOMES, AND I WOULD THINK THERE WOULD BE A DESIGNATION. WHEN YOU LOOK AT SOMETHING LIKE THAT, ESPECIALLY IF YOU LIVE IN ONE. IT INDICATES COMMON INTEREST DEVELOPMENTS IN THE ACTUAL ORDINANCE LANGUAGE. SO THE MULTI UNIT RESIDENTIAL DEVELOPMENT MEANS PROPERTY CONTAINING THREE OR MORE UNITS INCLUDING APARTMENT BUILDINGS, COMMON INTEREST DEVELOPMENTS, SENIOR ASSISTED LIVING FACILITIES AND LONG TERM HEALTH CARE FACILITIES. OKAY, IF I MAY TOWNHOMES ARE USUALLY A TERM THAT'S A REAL ESTATE TERM, NOT NECESSARILY A LAND USE TERM THAT'S INCORPORATED. SO THAT'S WHY WE PROBABLY DON'T HAVE IT REFERENCED IN HERE. I'M SUSPECTING. CORRECT. AND IF THE COUNCIL FEELS MORE COMFORTABLE ADDING THAT LANGUAGE, AS LONG AS IT'S COVERED, I'M GOOD. I JUST WANTED TO MAKE SURE BECAUSE IT WAS SOMETHING THAT WAS MENTIONED. SO I JUST WANTED TO RE ASK IT AND AND MAKE SURE THAT IT WAS IT SOUNDS LIKE IT'S IN THERE. SO WE'RE GOOD. YEAH. OKAY. AND THEN THE OTHER PIECE THAT I WANTED TO TALK ABOUT WAS I KNOW YOU MENTIONED THAT WE WENT THROUGH THE HOUSING COMMISSION, AND I KNOW THAT IT'S IN HERE. I COULDN'T HEAR YOU A LITTLE BIT WHEN YOU WERE TALKING ABOUT THE CHANGES THAT THEY TALKED ABOUT DURING THAT. WE DON'T NEED TO GO OVER THE CHANGES, BUT I'M ASSUMING THOSE CHANGES WERE IMPLEMENTED IN WHATEVER HAS BEEN BROUGHT BEFORE US TODAY. AND I JUST WANT THAT AGAIN FOR THE PUBLIC TO BE ABLE TO HEAR THAT THE HOUSING COMMISSION'S COMMENTS ALIGNED WITH A LOT OF THE PUBLIC FEEDBACK, IN PARTICULAR BEING HARD HANDED WITH THE LANDLORD ENGAGEMENT OR HAVING THE CITY BE PROACTIVELY INVESTIGATING COMPLAINTS. SO THE CHANGES THAT WERE MADE TO THE DRAFT ORDINANCE ARE RESPONSIVE TO WHAT WAS HEARD AT THE HOUSING COMMISSION MEETING? YES. OKAY. AND THEN I JUST HAVE A COUPLE MORE QUESTIONS. JUST THIS MIGHT BE MORE FOR THE CITY ATTORNEY. I KNOW WE HAVE MULTIPLE OPTIONS BEFORE US TONIGHT. I WAS JUST CURIOUS IF WE CAN DO A COMBINATION OF OPTIONS TO MAKE SURE THAT THE PUBLIC IS ALSO AWARE OF WHAT WE CAN CONSIDER TONIGHT. I BELIEVE THE OPTIONS SECTION WAS JUST TO DISCUSS WITH YOU THE VARIOUS ENFORCEMENT OPTIONS THAT YOU HAVE. THE ORDINANCE THAT YOU HAVE IN FRONT OF YOU PRIMARILY RELIES ON THE ENFORCEMENT OPTIONS IN OPTIONS TWO AND THREE. AND YOU CAN CORRECT ME IF I'M WRONG, MR. STRONG, SO YOU DON'T REALLY HAVE TO ADOPT A PARTICULAR OPTION. IT WAS JUST WHEN YOU MADE THE MOTION FOR US TO BRING BACK. YOU DID ASK US TO CALL OUT THE VARIOUS ENFORCEMENT OPTIONS THAT WERE AVAILABLE TO YOU. GREAT. THANK YOU. AND I THINK I JUST HAVE ONE MORE AND JUST IT SOUNDS LIKE WE'RE GOING TO BE THE FIRST IF WE DID DO SOMETHING LIKE THIS IN THE COUNTY. CORRECT. AND THE SAN DIEGO COUNTY. GREAT, I THINK. OH YES. LAST ONE. SORRY I MISSED THAT ONE FOR THE COMMUNICATION TO THE COMMUNITY IN TERMS OF BECAUSE WE HAVE FIVE MONTHS AND I KNOW YOU MENTIONED WE WOULD MAKE SURE THAT THERE WAS ROBUST [01:25:09] COMMUNICATION GOING OUT TO THOSE THAT WOULD BE AFFECTED. I'M ASSUMING AT ONE, I DON'T KNOW WHEN THAT WOULD COME BACK, BUT THERE WILL BE A ROBUST PLAN PUT INTO PLACE FOR THE COMMS GOING OUT TO ALL OF THOSE THAT WILL BE AFFECTED BEFORE JANUARY 1ST. EXHIBIT SIX LISTS OUT THE DIFFERENT OUTREACH AND ENGAGEMENT STRATEGIES, AND THAT WAS DEVELOPED IN CONCERT WITH THE COMMUNICATIONS TEAM. SO THEY WOULD BE RUNNING POINT JOINTLY WITH COMMUNITY DEVELOPMENT STAFF TO ENSURE EACH MEASURE WAS IMPLEMENTED. THERE ARE SPECIFIC LAUNCH DATES THAT SET THAT DELIVERY TARGET OF WHEN THAT MODE OF COMMUNICATION OR NOTIFICATION OUTREACH MATERIAL WOULD BE DELIVERED. SO THIS WOULD BE A, I GUESS, ROADMAP TO ENGAGE THE COMMUNITY OVER THE NEXT FIVE MONTHS TO ENSURE ITS SUCCESSFUL IMPLEMENTATION. PERFECT. GREAT. NO OTHER QUESTIONS, JUST COMMENTS. THANK YOU. MISS ACOSTA, THANK YOU AND THANKS AGAIN TO STAFF FOR ALL THE GREAT WORK. I HAVE JUST A FEW QUESTIONS. THERE WAS A SLIDE. IT WAS. I DIDN'T SEE THE NUMBERS. AFTER THE SLIDE THAT SHOWED THE 80 THAT SHOWED THE CITIES AND THEIR ENFORCEMENT STRATEGIES, THERE WAS LIKE THERE WERE LIKE THREE SLIDES. ONE HAD ONE HAD ALL 84 CITIES, ONE HAD 16 PARTIAL. AND THERE WAS A THIRD ONE. YEAH. KEEP GOING, KEEP GOING. I THINK IT'S THE NEXT ONE. I WAS LOOKING I WAS LOOKING AT THAT SLIDE AND I MADE, I MADE A NOTE THAT I WANTED TO MAKE SURE THAT WE ARE LOOKING AT WHAT OTHER CITIES OF A SIMILAR SIZE HAVE AND SIMILAR RESOURCES ARE KIND OF ADOPTING THE SAME KIND OF ENFORCEMENT STRATEGIES THAT WE'RE LOOKING AT TODAY. SO I'M WONDERING IF YOU COULD REVISIT THAT POINT. ANOTHER IN A MAYBE, IN OTHER WORDS, AND EXPLAIN WHY WE'RE RECOMMENDING TWO AND THREE OR OR EITHER A COMBINATION OR 2 OR 3. THE DIRECTION THAT WAS RECEIVED AT THE AUGUST 22ND, 2023 MEETING WAS TO MINIMIZE IMPACTS OF STAFFING RESOURCES. AS PART OF THE EFFORT TO DEVELOP THE DRAFT ORDINANCE. STAFF REACHED OUT TO SOME OF THE MUNICIPALITIES LISTED WITHIN THIS FOUR PAGE DOCUMENT, WHICH I'LL SLOWLY GO THROUGH. BUT ALL OF THOSE ARE OUTSIDE OF THE SAN DIEGO COUNTY. THE CLOSEST JURISDICTION OR AGENCY IS THE CITY OF TEMECULA. THEY ARE. I'VE WRITTEN DOWN HERE SOMEWHERE. THEY RELY ONLY ON CODE ENFORCEMENT AS THE PRIMARY MEANS TO ENFORCING THE ORDINANCE. THERE IS NO OBLIGATION TO THE PROPERTY MANAGER OR LANDLORD, AND THERE IS NO PRIVATE THIRD PARTY BENEFICIARY. AFTER SPEAKING WITH THEIR STAFF IN PARTICULAR, AND SINCE THAT'S THE CLOSEST AGENCY OF AN EXAMPLE THEY INDICATED THAT MOST OF THE GROUNDWORK THAT WAS DONE TO ENSURE COMPLIANCE WAS THROUGH EDUCATION. AND SO THE FIRST YEAR OF IMPLEMENTATION WAS THE HARDEST FOR THEIR STAFF. COMMUNICATING BOTH WITH THE TENANTS AND THE PROPERTY MANAGERS ABOUT EFFECTIVE IMPLEMENTATION ORDINANCE AND WHAT WOULD BE COMPLIANT AND WHAT WOULD NOT. SINCE THAT TIME, THEY HAVE NOT RECEIVED ANY CALLS. SO OVER THE TEN YEARS, 10 TO 15 YEARS OF IMPLEMENTATION, I BELIEVE THEY'RE LISTED ON THIS SLIDE. OR ACTUALLY IT'S THE NEXT SLIDE. SINCE 2012. SO A LITTLE OVER TEN YEARS. JUST THE FIRST YEAR, YEAR AND A HALF OF IMPLEMENTATION WAS THE MOST IMPACTFUL TO THEIR STAFF. BUT SINCE THEN THEY HAVE NOT RECEIVED ANY COMPLAINTS OR CALLS. BUT THERE ARE AGENCIES, AND I TRIED TO SUMMARIZE. I DIDN'T COVER IT IN TOO MUCH DETAIL ON DURING THE PRESENTATION. BUT MOST OF THE AGENCIES. SO THE LAST BULLET POINT, MOST OF THE AGENCIES ON THAT INVENTORY. SO 64% HAD SOME SORT OF HYBRID APPROACH. THERE WASN'T JUST ONE CATCH ALL LEAD ENFORCEMENT. AND FOR THE METHOD THAT THE CITY IS LOOKING TO PURSUE WITH THE DRAFT ORDINANCE, WHICH INCLUDES A CIVIL ENFORCEMENT AND PARKING MANAGEMENT, THERE ARE FIVE THAT HAVE A SIMILAR TYPE OF APPROACH. CONCORD. EMERYVILLE, SANTA MONICA, SIERRA MADRE, AND VALLEJO. MOST OF THE AGENCIES THAT HAD ENGAGED CITY ENFORCEMENT CAME THROUGH WITH THE POLICE DEPARTMENT. WHAT'S SHOWN ON THIS SLIDE IS WHERE POLICE DEPARTMENT TAKES THE LEAD. THERE'S ONLY 17, BUT THERE'S A TOTAL OF 60 OUT OF THE HUNDRED THAT HAD POLICE REFERENCED AS A CHARGED AUTHORITY TO IMPLEMENT THE ORDINANCE. SO 60% OF ALL THE ORDINANCES INCLUDED HAD POLICE DEPARTMENT AS SOME CHARGE AUTHORITY FOR ENFORCING THE ORDINANCE. OKAY, GREAT. THANK YOU SO MUCH. [01:30:01] I ALSO WANTED TO FOLLOW UP ON THAT WITH THE TEMECULA EXAMPLE THAT YOU JUST GAVE. AND IT SOUNDS LIKE IT'S VERY SUCCESSFUL THERE, BUT IT ALSO SOUNDS LIKE THE COMMUNICATION WAS REALLY IMPORTANT TO THAT. SO I HEARD YOU, ANSWER THE PREVIOUS QUESTION FROM MY COLLEAGUE ABOUT THE COMMUNICATION PLAN. IT SOUNDS LIKE THERE'S IT KIND OF ALREADY HAS STARTED IN THAT WE'VE BEEN SOLICITING INPUT AND TALKING ABOUT THIS FOR SOME TIME WITH THE COMMUNITY. SO THANK YOU FOR THAT COMMUNICATION ALREADY. AND I HAVE HEARD THAT FROM EVEN RESIDENTS OF MULTI UNIT HOUSING THAT HAVE SAID THEY'VE ALREADY HEARD ABOUT IT FROM THEIR LANDLORDS. SO THAT'S GREAT. YES. AND JUST A SUPPLEMENT FOR COUNCIL'S INFORMATION. THE THE CITY IS GOING TO BE THE FIRST IN THE COUNTY, BUT NOT THE FIRST IN THE STATE. THERE'S A HUNDRED OTHER CITIES THAT HAVE TOUCHED ON THIS ISSUE. 84 ADOPTING THE ORDINANCE OR ENACTING A POLICY THAT REQUIRES 100% OF THE NCP ENGAGED. SO THERE'S 100 EXAMPLES OF COLLATERAL MATERIAL THAT OUTREACH ENGAGEMENTS THAT OTHER AGENCIES HAVE PERFORMED THAT WE WILL RELY ON AND CURATE AND TAILOR TO OUR OUR OWN POPULATION HERE. SO THERE'S A LOT OF INFORMATION THAT WE CAN GATHER FROM THOSE AGENCIES AND TO MAKE IT EASIER, BECAUSE IT COULD BE OVERWHELMING OVER THE NEXT FIVE MONTHS TO IMPLEMENT ALL OF THE THINGS LISTED IN EXHIBIT SIX. SO THAT WILL THAT WILL HELP. GREAT. YEAH. WHY REINVENT THE WHEEL? AND MY VERY LAST FOLLOW UP WAS ABOUT THE SMOKING OR VAPING. I DID NOTICE THAT UNDER THE DEFINITION, AREAS THAT SMOKE OR SMOKING INCLUDES THE ELECTRONIC SMOKING DEVICES, BUT I DIDN'T SEE IT CALLED OUT A LOT. SO I KNOW IT'S IN THE DEFINITION. SO I'M JUST LIKE, IF WE NEED TO REVISIT THIS IN THE FUTURE, IF THAT BECOMES A BIGGER AREA. IT JUST I DID A SEARCH, I DID A FIND ON MY IPAD FOR ALL THE ELECTRONIC SMOKING AND, AND I THOUGHT I'D SEE MORE OF IT BECAUSE I KNOW WITH YOUNGER PEOPLE IT'S LIKE THE E-CIGS AND THE VAPES, THE VAPING THAT IS MORE PREVALENT NOWADAYS. SO I, I SAW IT IN THERE, BUT MAYBE WE MIGHT NEED TO MAKE SURE THAT IT'S IN THERE STRONGLY. BUT OTHERWISE, IT LOOKS FANTASTIC. THANK YOU VERY MUCH FOR ALL YOUR HARD WORK, MISS BURKHOLDER. THANK YOU. MAYOR. I DON'T KNOW, MR. STRONG, IF YOU WOULD HAVE THE ANSWER TO THIS QUESTION, BUT I'M JUST CURIOUS. DO WE HAVE ANY DATA RELATIVE TO THE NUMBER OF COMPLAINTS WE HAVE RECEIVED ABOUT THIS PARTICULAR ISSUE? THERE ARE NONE. TO MY KNOWLEDGE. THERE ISN'T A REGULATION IN PLACE THAT PROHIBITS SMOKING THAT THE CITY HAS ENACTED. SO THE CITY WOULDN'T BE RECEIVING ANY COMPLAINTS. WELL, NEIGHBORS CALL CODE ENFORCEMENT ALL THE TIME ON THEIR NEIGHBORS FOR THINGS THAT THEY DON'T LIKE. SO I'M JUST CURIOUS IF WE HAVE AN UPTICK IN THIS KIND OF PROBLEM IN THE CITY OF CARLSBAD. THE WAY THAT CODE ENFORCEMENT FIELDS INQUIRIES IS NOT TO INITIALLY OPEN A CODE CASE OR COMPLAINT. THERE'S SOME SYNTHESIS OF THE COMPLAINT THAT'S RECEIVED. SO IF THERE IS NO VIOLATION OF THE CITY'S CODE, THEN IT DOESN'T ELEVATE TO SOMETHING THAT WE COULD INVENTORY OR TRACK. SO UNFORTUNATELY, THERE ISN'T ANYTHING THAT I CAN PRODUCE AT THIS TIME THAT WOULD YEAH, THAT MAKES SENSE. AND I APPRECIATE THAT BECAUSE THAT WAS EXACTLY WHAT I WAS TRYING TO GET AT. AND, YOU KNOW, I APPRECIATED THE SPEAKER WHO OWNS A CONDO HERE SAYING THAT THEY PROACTIVELY BAN SMOKING IN THEIR UNIT AND IT SAVED THEM MONEY WITH MAINTENANCE AND REPAIRS AND THINGS LIKE THAT. THE DAMAGE? I CAN'T STAND IT BECAUSE IT GETS IN MY HAIR. I HAVE TO WASH THE HAIR. I CAN'T STAND THE SMELL. I UNDERSTAND THAT, BUT THERE'S NOTHING IN THE CITY THAT PREVENTS DEVELOPERS OR OWNERS OR OCCUPANTS OR NOT OWNERS LANDLORDS OR PROPERTY MANAGERS TO SAY, NO SMOKING HERE. IS THAT RIGHT? NO. THAT'S SPECIFICALLY ALLOWED BY STATE STATUTE. OKAY. I DON'T HAVE ANY MORE QUESTIONS. JUST COMMENTS. MISS LUNA. THANK YOU. WELL, AS A FOLLOW UP TO MY COLLEAGUE BURKHOLDER. WHAT DO YOU THINK THE UNIVERSE IS AS FAR AS FOR EXAMPLE, A LOT OF HOA'S, A LOT OF OTHER PROPERTIES. IT'S PART OF THEIR LEASE AGREEMENT OR IT'S PART OF THEIR RENTAL AGREEMENT. I KNOW OUR AFFORDABLE IT'S PART OF IT'S PART OF THEIR AGREEMENT. HOW MANY HOW MANY MULTIFAMILY DO YOU THINK ARE OUTSIDE OF THAT UNIVERSE? 10%. 50%. I MEAN, WHO'S OUR WHAT AMOUNT IS THIS TARGETED TOWARDS? I DO KNOW THAT THE APARTMENT ASSOCIATION GROUPS DO HAVE FORM TEMPLATES THAT THEY DISTRIBUTE TO THEIR MEMBERS THAT INCLUDING INCLUDE LEASE AGREEMENTS THAT CAN BE USED BY THEIR MEMBERS. AND THE CURRENT EDITION OF THAT FORM DOES HAVE SMOKING PROHIBITIONS LISTED. [01:35:03] SO THE THE TEMPLATE, THE INDUSTRY TEMPLATE THAT IS UTILIZED IS ALREADY INCLUSIVE OF THAT LANGUAGE. SO HOW MANY OUTLIERS DO YOU THINK WE HAVE. DO YOU HAVE ANY IDEA ON THE INVENTORY? IT WOULD BE PURELY SPECULATIVE. OKAY. AND THEN THE OTHER QUESTION IS A LOT OF SPEAKERS WERE SAYING THIS POLICY AND ACTUALLY IT'S AN ORDINANCE. SO I WAS WONDERING IF YOU COULD CLARIFY THE DIFFERENCE BETWEEN A POLICY AND AN ORDINANCE. THIS THIS IS AN ORDINANCE. IT IS OFTEN REFERRED TO AS A POLICY BECAUSE THAT'S THE THE GLOBAL NOMENCLATURE THAT'S BEEN USED BY THE HEALTH ADVOCATES. BUT IN ORDER FOR IT TO BE ENFORCEABLE, IT NEEDS TO BE AN ORDINANCE LIKE CODE ENFORCEMENT ENFORCES CODE. POLICE ALSO IMPLEMENT LAWS AND STANDARDS RATHER THAN POLICY. SO WHAT IS BEING PROPOSED IS AN ORDINANCE. THANK YOU. COMMENTS MISS LUNA. I HAVE NONE, THANK YOU, MISS BURKHOLDER. OKAY. THANK YOU MAYOR. I FEEL LIKE SOMETIMES THIS IS ONE OF THOSE THINGS WHERE WE FIXING SOMETHING THAT'S NOT BROKEN. MAYBE OWNERS DON'T WANT TO POST A NO SMOKING THING. MAYBE THEY'VE FOUND SUCCESS WITH HAVING SMOKING IN THEIR UNITS, I DON'T KNOW. BUT I DO THINK THAT THIS SEEMS IT FEELS LIKE TO ME AN OVERREACH OF OF THE CITY. I DON'T THINK WE SHOULD BE PROPERTY MANAGERS OR LANDLORDS TO THAT EXTENT. IT JUST SOUNDS LIKE THE CITY'S TELLING SOMEONE HOW TO LIVE THEIR LIFE. SO, FOR EXAMPLE, WHAT IF THE CITY DECIDED, OH, NOW EVERYBODY HAS TO EXERCISE AN HOUR A DAY? THAT'S A GREAT IDEA. IT'S VERY HEALTHY. THIS IS ALSO HEALTHY. BUT AGAIN, I FEEL LIKE THE CITY IS NOT IN A POSITION TO TELL PEOPLE HOW TO LIVE THEIR LIVES. WE'RE IN A POSITION TO MAKE SURE THEY'RE SAFE. SO I, I JUST HAVE A REAL HARD TIME WITH THIS. AND I THINK I EXPRESSED THIS SIMILAR SENTIMENT WHEN IT CAME BEFORE US BEFORE. I THINK LANDLORDS AND PROPERTY MANAGERS CAN MAKE THAT OWN DETERMINATION WITHIN THE CONFINES OF THE LEASE, AND I DON'T THINK THE CITY SHOULD BE INVOLVED, SO I CAN'T SUPPORT IT. THANKS, MR. ACOSTA. THANK YOU. I THINK I'M COMING FROM A DIFFERENT POSITION. I DO HEAR QUITE A FEW PEOPLE COMPLAIN ABOUT SHARED VENTILATION SYSTEMS IN APARTMENTS, CONDOS, DUPLEXES, AND KNOWING THAT SOMEBODY ELSE WAKES UP IN THE MORNING, ROLLS OVER, AND LIGHTS UP A CIGARETTE. HAS THE RESIDENT WHO DOESN'T SMOKE, WHO LIVES IN THE ADJACENT UNIT COUGHING AND FEELING SICK AND COMPLAINING AND CAUSING A LOT OF FRICTION BETWEEN THE NEIGHBORS, EVEN IN COMPLEXES WHERE SMOKING IS NOT ALLOWED. PEOPLE DO IT ANYWAY BECAUSE IT'S AN ADDICTION AND PEOPLE HAVE TROUBLE WITH THAT. SO I THINK MAKING SURE THAT WE HAVE THIS ORDINANCE, AND I MAY BE ONE OF THE ONES WHO ACCIDENTALLY SAID POLICY. SO I APPRECIATE THE THE FORGIVENESS OF THAT BEING A GENERIC NOMENCLATURE. IT'S OKAY TO SAY POLICY, BUT TECHNICALLY IT'S AN ORDINANCE. I AM IN SUPPORT OF IT, AND I THINK IT IS ONE OF THE THINGS THAT WE NEED TO DO AS LEADERS IS STAND UP FOR THE HEALTH OF OUR RESIDENTS, AND ESPECIALLY KNOWING THAT THIS IS YOU KNOW, NOT JUST A TOXIC ISSUE, BUT ALSO DEADLY THAT WE NEED TO WATCH OUT FOR SMOKING IN MULTIFAMILY UNITS. SO I SUPPORT THIS, AND I WOULD SUPPORT A MIX OF THE ENFORCEMENT IN TWO AND THREE. THANKS. MISS BHAT-PATEL. YES. THANK YOU. AND THANK YOU AGAIN FOR THE PRESENTATION. AND TO ALL THE FOLKS THAT HAVE BEEN ADVOCATING FOR THIS, I THINK ONE THING THAT I WANT TO MENTION IS THAT AS A JURISDICTIONAL BODY AND JUST AS A CITY COUNCIL, WE SHOULD BE PREVENTING THINGS FROM HAPPENING. WE DON'T WANT TO WAIT UNTIL THEY'RE BROKEN TO BE FIXING THEM. I THINK THAT'S SOMETHING THAT AS LEGISLATORS IT'S SOMETHING THAT'S EXTREMELY IMPORTANT. I THINK THAT, YOU KNOW, YES. WE AREN'T GOING TO BE LANDLORDS, PER SE. I THINK LOOKING AT DIFFERENT OPTIONS AND THE OPTIONS THAT WE HAVE THAT ALLOWS FOR US TO GIVE THE AUTHORITY TO OTHER FOLKS IN THE COMMUNITY TO BE ABLE TO MAKE THAT HAPPEN. AND JUST REPORT WHAT'S HAPPENING OUT IN THE COMMUNITY. I THINK THE OTHER PIECE, AS SOMEBODY WHO HAS WORKED IN TOBACCO RESEARCH FOR MANY, MANY YEARS AS ONE OF MY FIRST JOBS OUT OF COLLEGE, IT'S EXTREMELY IMPORTANT TO MAKE SURE THAT OUR CHILDREN ARE NOT BEING AFFECTED BY THIS. SECOND HAND AND THIRD HAND SMOKE ARE EXTREMELY DETRIMENTAL TO THE TO THE HEALTH OF CHILDREN. AND I THINK THAT OUR JOB IS TO PROTECT THE PUBLIC HEALTH OF OUR COMMUNITY, AND IT DOES AFFECT THE PUBLIC HEALTH OF OUR CHILDREN. AND SO I THINK THAT'S SOMETHING THAT IS INCUMBENT ON US TO MAKE SURE THAT WE'RE DOING WHAT WE CAN TO PROTECT OUR MOST VULNERABLE. SO I THINK THAT I AM DEFINITELY IN SUPPORT, AND I JUST HOPE THAT WE WILL BE ABLE TO MOVE THIS ALONG, BECAUSE I THINK IT IS SOMETHING THAT MANY [01:40:02] PEOPLE HAVE ASKED FOR FOR MANY YEARS. AND I AM IN SUPPORT OF A COMBINATION OF OPTIONS TWO AND THREE. SO I'LL BE MAKING THAT MOTION. I JUST LIKE COUNCIL MEMBER BURKHOLDER WRESTLE WITH THE IDEA OF HOW CAN I TELL SOMEBODY WHAT THEY CAN AND CAN'T DO IN THE CONFINES OF THEIR OWN PLACE WHERE THEY LIVE. BUT THEN AT THE SAME TIME, I'M LOOKING AT PART OF THE JOB OF LEGISLATOR, LAWMAKERS IN THIS CASE FOR CARLSBAD. WE HAVE TO WATCH OUT FOR THE BEST INTEREST OF THE MAJORITY OF THE PUBLIC. AND THAT'S WHY WE HAVE SO MANY RULES THAT DICTATE WHETHER WE CAN SMOKE IN RESTAURANTS AND ALL THE OTHER THINGS THAT RULES AND LAWS ARE DICTATING TO MAKE IT MAKE SURE THAT WE HAVE A GOOD QUALITY OF LIFE FOR, FOR EVERYBODY. SO EVEN THOUGH I'M WRESTLING WITH THAT, I'M GOING TO SIDE WITH THE, THE RECOMMENDATION FROM STAFF ON ON THE ORDINANCE. SO I NEED A MOTION, PLEASE. I ALREADY MOVED I NEED A SECOND. SECOND. PLEASE VOTE. AND THAT PASSES 4 TO 1 WITH MISS BURKHOLDER VOTING NO. ITEM NUMBER 11, CITY MANAGER. MAYOR. I'M SORRY. OH. THAT'S RIGHT. YEAH. FIRST OF ALL, I WANT TO EXPLAIN TO THE TO THE AUDIENCE THERE WAS SOME NOTES BEING PASSED AROUND. [9. 2024 ZONING CODE CLEAN-UP – 1) Introduction of an ordinance approving amendments to Title 8, Public Peace, Morals and Safety, and Title 11, Public Property, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Cleanup; Case No.: MCA 2024-0001 (PUB 2024-0005)); and 2) Introduction of an ordinance approving amendments to Title 15, Grading and Drainage and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Cleanup; Case No.: ZCA 2024-0001/ LCPA 2024-0020/ MCA 2024-0001 (PUB 2024-0005)); and 3) Adoption of a resolution approving a Local Coastal Program Amendment to update the Local Coastal Program Implementation Plan by incorporating amendments to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Clean Up; Case No.: ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005)). (Staff contact: Nicole Morrow, Community Services Department) (Part 2 of 2)] WE'RE NOT BEING RUDE. IT'S A CITY ATTORNEY BROUGHT TO MY ATTENTION THAT WE MISSED A MOTION ON ITEM NUMBER NINE. DO WE HAVE TO REOPEN THAT OR CAN WE JUST MAKE THE MOTION? SO YOU HAD ALREADY CLOSED THE PUBLIC HEARING. SO THE ISSUE THAT CAME UP AFTER COUNCIL VOTED, WAS THERE SOME CONFUSION ON STAFF'S PART ABOUT WHETHER THE MOTION INCLUDED. SO THERE WERE TWO ORDINANCES TO INTRODUCE AND A RESOLUTION TO PASS, AND THERE WAS CONFUSION ON STAFF'S PART ABOUT WHETHER THE MOTION INCLUDED INTRODUCTION OF BOTH ORDINANCES, OF COURSE, MINUS THE POULTRY AND APPROVAL OF THE RESOLUTION MINUS THE POULTRY. AND SO IF IT DID, WE'RE GOOD. BUT IF IT DIDN'T, THEN WE NEED TO TAKE WE NEED TO ADDRESS ITEMS OR SORRY STAFF RECOMMENDATIONS FOR THE ORDINANCE AND EXHIBIT ONE AND THE RESOLUTION AND EXHIBIT THREE. DID EVERYBODY ON THE COUNCIL BELIEVE THAT IT INCLUDED BOTH. THANK YOU. IS THAT SUFFICIENT? YES. THANK YOU FOR THAT CLARIFICATION. THANK YOU. OKAY, ON TO ITEM 11 PLEASE. [11. AGREEMENT WITH ROMTEC, INC. FOR DESIGN SERVICES AND PRE-ENGINEERED BUILDING MATERIAL KITS FOR THE VETERANS MEMORIAL PARK PROJECT (CIP PROJECT NO. 4609) – Adoption of a resolution awarding a professional services agreement to Romtec, Inc. to provide design services and preengineered building material kits for three buildings for the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609, in an amount not-to-exceed $1,650,995. (Staff contact: Todd Reese, Community Services Department)] CITY MANAGER. THANK YOU. ITEM NUMBER 11 IS AN AGREEMENT WITH ROMTECH FOR DESIGN SERVICES AND PRE-ENGINEERED BUILDING MATERIAL KITS FOR THE VETERANS MEMORIAL PARK PROJECT. THIS IS CIP PROJECT NUMBER 4609. MAKING OUR PRESENTATION TODAY IS OUR PARK SERVICES MANAGER, TODD REESE, ALONG WITH OUR PARK AND REC DIRECTOR KYLE LANCASTER. GENTLEMEN. THANK YOU, SIR, AND GOOD EVENING, MAYOR AND COUNCIL. KYLE LANCASTER. AND TO MY RIGHT, MR. TODD REESE. HE HAS YET TO PRESENT TO YOU. SO THIS EVENING IS HIS MAIDEN VOYAGE. BY WAY OF INTRODUCTION, HE IS AN OVERSEER OF BOTH THE PARK PLANNING AND PRESERVE MANAGEMENT GROUP AND ALSO OUR MAINTENANCE AND OPERATIONS SECTION. LET ME DIVE RIGHT INTO THE PRESENTATION. WE WILL COVER THE PARK BACKGROUND AND TIMELINE, THE PARK BUILDINGS, THE AGREEMENT WITH ROMTECH BEFORE YOU, THE COOPERATIVE PURCHASING AGREEMENT ASSOCIATED WITH THAT, AND THEN FISCAL ANALYSIS AND NEXT STEPS. RECOMMENDED ACTION TONIGHT IS TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ROMTECH, INC. TO PROVIDE DESIGN SERVICES AND PRE-ENGINEERED BUILDING MATERIAL KITS FOR THREE BUILDINGS FOR THE VETERANS MEMORIAL PARK PROJECT CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER 4609, IN AN AMOUNT NOT TO EXCEED $1,650,000. $650,995. IN REGARDS TO PARK BACKGROUND TIMELINE, I WILL BE QUICK. IT IS A 93.7 ACRE PARK DEVELOPMENT SITE SOUTHEAST OF AGUA HEDIONDA LAGOON. IT WILL BE THE CITY'S LARGEST COMMUNITY PARK. IT WILL ALSO OFFER A BLEND OF AMENITIES FOR PEOPLE OF ALL AGES AND ABILITIES, AND BOTH ACTIVE AND PASSIVE FEATURES. I KNOW THE COUNCIL IS VERY FAMILIAR WITH THE SITE, BUT FOR THE GENERAL PUBLIC IS JUST OFF OF THE CORNER OF THE INTERSECTION OF CANNON ROAD AND FARADAY AVENUE. PARK TIMELINE. IT WAS JUST ABOUT TWO YEARS AGO THAT THIS COUNCIL APPROVED THE FINAL VETERANS MEMORIAL PARK MASTER PLAN. STAFF ANTICIPATE RETURNING TO COUNCIL FOR APPROVAL OF THE FULL PARKS PLAN, SPECIFICATIONS AND AUTHORIZATION TO BID THE PROJECT IN LATE FALL OF THIS YEAR, AND THEN WE EXPECT TO HAVE THE PARK COMPLETED IN ANOTHER TWO YEARS TIME. LATE FALL OF 2026. AND THIS IS THAT AFOREMENTIONED MASTER PLAN THIS COUNCIL APPROVED JUST ABOUT A COUPLE OF YEARS AGO. WE WILL DIVE INTO A BIT MORE DETAIL ON THIS MOMENTARILY. THIS IS JUST ONE OF THE RENDERINGS OF THE PARK, SITE OF THE PLAYGROUND AREA ADJACENT TO THE NORTHERLY BUILDINGS THAT WE WILL BE DISCUSSING. [01:45:03] WITH THAT, I'LL USE IT AS MY SEGUE TO TURN IT OVER TO MR. REESE, PLEASE. THANK YOU, DIRECTOR LANCASTER. GOOD EVENING MAYOR. GOOD EVENING. COUNCIL. MY NAME IS TODD REESE. I'M THE PARK SERVICES MANAGER. TONIGHT WE'RE GOING TO WALK YOU THROUGH THREE DIFFERENT BUILDINGS PROPOSED FOR VETERANS MEMORIAL PARK. AS DIRECTOR LANCASTER DESCRIBED THE GEOGRAPHY OF THE PARK. THE LARGE SIZE. AND ALSO, AS YOU KNOW, THERE ARE TWO LOW AREAS WITH A HIGH POINT IN BETWEEN REQUIRE THAT WE HAVE TWO BUILDINGS TO ADEQUATELY SERVE THE NEEDS OF THE PUBLIC. THE TWO NORTHERN BUILDINGS WILL BE LOCATED AT THE NORTH PLAZA ADJACENT TO THE PARKING LOT, AND THE SOUTHERN BUILDING IS LOCATED NEAR THE SOUTH PARKING LOT AND PLAZA. THERE AGAIN IS THE APPROVED MASTER PLAN. WE'RE SHOWING THE LOCATIONS OF NORTHERN BUILDING BUILDINGS A AND B AND SOUTHERN BUILDING. LET'S LOOK AT NORTHERN BUILDING A. IT CONCLUDES THE THESE FUNCTIONS A CONCESSION ROOM WITH A ROLL UP WINDOW TO SERVICE THE ADJACENT OPEN AIR SHELTER, A SMALL OFFICE, INFORMATION TECHNOLOGY ROOM, SEVEN SINGLE USER RESTROOMS, AND A STORAGE ROOM. THERE'S THE LOCATION OF NORTHERN BUILDING A ADJACENT TO THE PARKING LOT, PLAYGROUNDS, AND THE MEMORIAL PLAZA. THIS IS A LOOK AT THAT BUILDING WE'RE LOOKING. ACTUALLY, BUILDING B IS IN THE FOREGROUND. WE'RE LOOKING PAST IT AT BUILDING A. YOU SEE THE ROLL UP SHELTER? I'M SORRY, THE ROLL UP WINDOW AND THE PAVILION SHELTER THERE. THIS IS A LOOK FROM THE OTHER SIDE. SO BUILDING A IN THE FOREGROUND YOU SEE THE SINGLE USER DOOR ACCESSES TO THE RESTROOMS. HERE'S AN ELEVATION THAT FURTHER ILLUSTRATES THE MATERIALS. WE'RE USING A STONE VENEER AS WELL AS A HARDIE BOARD, WHICH IS A CONCRETE SIDING TO REPLICATE LAP SIDING. NORTHERN BUILDING B IS PRIMARILY A MAINTENANCE FUNCTION TO STORE EQUIPMENT, SMALL CART, ETC., STORAGE AREA, ELECTRICAL ROOM, AND ALCOVE FOR VENDING MACHINES. IT'S LOCATION IS ADJACENT TO BUILDING A THE PARKING LOT AND THE MEMORIAL PLAZA. THERE'S A LOOK AT THAT BUILDING IN THE FOREGROUND AND THEN A LOOK FROM THE OTHER ANGLE. AGAIN, ELEVATION, SHOWING THE USE OF STONE MATERIALS AND THE CONCRETE SIDING. THE LAST BUILDING IS THE SOUTHERN BUILDING. IT INCLUDES AN ELECTRICAL ROOM, SIX SINGLE USER RESTROOMS, AND A STORAGE FUNCTION ADJACENT TO THE PARKING AREA. THERE'S A LOOK AT THAT RENDERING. AGAIN, THE ELEVATION, SAME MATERIALS, SAME LOOK. AND WITH THAT, A COUPLE OF QUICK SLIDES ABOUT THE AGREEMENT WITH RAMTEK AND THE COOPERATIVE PURCHASING AGREEMENT. AS DIRECTOR LANCASTER MENTIONED, RAMTEK IS A MANUFACTURER OF PRE-ENGINEERED PUBLIC RECREATION BUILDINGS. WE'VE USED THEM PREVIOUSLY AT THE POINSETTIA DOG PARK AND LAKE CALAVERA. THEY'RE KNOWN TO BE DEPENDABLE, LASTING AND COST EFFECTIVE. THE AGREEMENT HERE IS FOR COMPLETING BUILDING PLANS AND FABRICATION AND DELIVERY OF THE BUILDING KITS. AND ALSO WE WANT TO POINT OUT THAT IT DOES INCLUDE AN $80,000 CANCELLATION FEE IN THE PSA THAT IS INCLUDED TO COVER THE COST OF DESIGN SERVICES. SHOULD THE CITY NOT MOVE FORWARD WITH OUR PLANS AND TAKE DELIVERY OR FABRICATION AND DELIVERY OF THE KITS. HOWEVER, IF THE CITY DOES CANCEL AND WE PAY THE PENALTY, THEN THE DRAWINGS BECOME THE PROPERTY OF THE CITY. WE JUST WON'T SEE SOURCEWELL PRICING EXTENDED TO US AGAIN TO THIS POINT. TO DATE, ROMTECH HAS PROVIDED THE PLANS THAT YOU'VE SEEN, BUT THEY'VE NOT PROVIDED BUILDING READY PLANS SUFFICIENT FOR CONSTRUCTION AND PERMITTING. SO, CONTINGENT ON TONIGHT'S ACCEPTANCE, ROMTECH WOULD NEXT COMPLETE THE FULL SET OF WORKING PLANS AND PROVIDE THEM TO THE CITY FOR PERMITTING. REGARDING THE AGREEMENT, AFTER THE BUILDING PERMITS ARE ISSUED AND CONTINGENT ON THIS AWARD, AS WE MENTIONED, STAFF WOULD ISSUE A NOTICE TO PROCEED AND ROMTECH WILL LATER DELIVER THE BUILDING KITS TO THE CITY FOR ASSEMBLY OR CONSTRUCTION BY THE GENERAL CONTRACTOR. CO-OP PURCHASING. THE CITY HAS USED THIS PROCUREMENT METHOD PREVIOUSLY. IN THIS CASE, ROMTECH IS LISTED AS ONE OF THE COMPANIES OR FIRMS THAT IS IN THE CO-OP AGREEMENT WITH SOURCEWELL. THE CITY'S PURCHASING OFFICER IS DETERMINED. IT'S IN OUR INTEREST TO USE THIS PROCUREMENT METHOD, AND WE BELIEVE IT BRINGS A 7% COST SAVINGS TO THE STANDARD PRICING FOR THESE TYPES OF PRODUCTS. AND WITH THAT, I'LL HAND IT BACK TO DIRECTOR LANCASTER TO CONCLUDE OUR PRESENTATION. THANK YOU, SIR, AND I'LL QUICKLY ROUND OUT WITH THE FISCAL ANALYSIS AND NEXT STEPS IN TERMS OF THAT ANALYSIS. VETERAN'S MEMORIAL PARK IS A CAPITAL IMPROVEMENT PROGRAM PROJECT THAT IS IDENTIFIED IN YOUR STRATEGIC PLAN AS A PRIORITY PROJECT. FUNDING APPROPRIATED TO DATE IS FROM COMMUNITY FACILITIES DISTRICT NUMBER ONE. [01:50:03] AND THAT IS IMPORTANT BECAUSE CFD NUMBER ONE FUNDS ARE NOT SUBJECT TO PROPOSITION H. THEREFORE, THE CITY MAY EXPEND MORE THAN $1 MILLION OF CFD NUMBER ONE FUNDS WITHOUT A PROP H VOTE, AND IN THIS CASE, THE AGREEMENT WITH RAMTEK FOR $1.65 MILLION MAY BE EXECUTED BY THE MAYOR. THIS IS SIMPLY A CHART FROM YOUR STAFF REPORT THAT DETAILS THE EXPENDITURE WITH RAMTEK. AND IN PARTICULAR, I WANTED TO POINT OUT THE APPROXIMATELY $116,000 IN SAVINGS FROM THE AFOREMENTIONED DISCOUNTS. THERE IS ROUGHLY $53 MILLION IN THE VETERANS MEMORIAL PARK PROJECT BUDGET, SO SUFFICIENT FUNDS ARE AVAILABLE FOR THIS AGREEMENT AND QUICKLY IN REGARDS TO NEXT STEPS. WE ARE HERE TONIGHT AGAIN ASKING YOU FOR CONSIDERATION OF APPROVING THE AGREEMENT WITH ROMTECH THAT WOULD ADVANCE THE BUILDING DESIGN SERVICES. ROMTECH WOULD THEN PROCEED THROUGH THE SUMMER AND INTO THE FALL TO COMPLETE THE BUILDING. DESIGNS AND STAFF WOULD APPLY FOR THE BUILDING PERMITS. THEN, IN LATE FALL OF THIS YEAR, WE ANTICIPATE COMING BEFORE YOU FOR APPROVAL OF THE FULL PARK'S CONSTRUCTION PLANS AND ALSO CONSIDERATION TO ADVERTISE FOR BIDS AND APPROVE THE FUNDING. THEN WE'D COME BACK IN THE SPRING ONCE THAT BID PROCESS WAS COMPLETE, AND ASK YOU FOR APPROVAL OF A CONSTRUCTION CONTRACT. WE WOULD PROCEED IN THE BUILDING, THE PARK OVER THE NEXT ROUGHLY A YEAR AND A HALF, AND ULTIMATELY TARGET A COMPLETION DATE OF LATE FALL 2026 TO OPEN THE PARK. THAT BRINGS US BACK TO OUR RECOMMENDED ACTION, WHICH I WILL FORGO READING INTO THE RECORD A SECOND TIME. AND STAFF IS AVAILABLE FOR QUESTIONS AND ANY COMMENTS YOU MAY HAVE. THANK YOU. DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS ON THIS ITEM. QUESTIONS FROM COUNCIL, NO QUESTIONS. COMMENTS. MISS BHAT-PATEL MOVE. ADOPTION OF THE RESOLUTION AND AGENDA ITEM 11 SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. THANK YOU. ITEM NUMBER 12 CITY MANAGER. [12. SEMIANNUAL TRANSPORTATION REPORT – Receive the Semiannual Transportation Report. (Staff contact: Tom Frank, Public Works Department)] YES. THANK YOU SIR. ITEM NUMBER 12 IS THE SEMIANNUAL TRANSPORTATION REPORT MAKING. OUR PRESENTATION TODAY IS OUR TRANSPORTATION DIRECTOR, TOM FRANK. TOM. THANK YOU SIR. GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS. MY NAME IS TOM FRANK. I'M THE TRANSPORTATION DIRECTOR AND CITY ENGINEER. IT'S MY PLEASURE TO ALSO HAVE THE TRAFFIC SAFETY AND MOBILITY COMMISSION CHAIR, JOSH COELHO, WITH US TODAY, WHO WILL PROVIDE THE COMMISSIONER COMMENTS FOLLOWING MY REPORT. THE RECOMMENDED ACTION IS TO ACCEPT THE SEMIANNUAL REPORT, AND CITY STAFF BEGAN PROVIDING THESE TWICE A YEAR UPDATES BACK IN 2018, AND THAT WAS IN DIRECT RESPONSE TO THE FACT THAT TRAFFIC HAS LONG BEEN BEEN AMONG THE TOP CONCERNS OF OUR RESIDENTS AND BUSINESSES, AND CITY COUNCIL WANTED TO MAKE SURE THAT WE'RE TRACKING OUR PROGRESS AND THAT THE COMMUNITY COULD LEARN ABOUT THE VARIOUS PROJECTS AND PROGRAMS THAT WE'RE WORKING ON. TONIGHT, I WILL BRIEFLY COVER AND HIGHLIGHT OUR DEPARTMENT MOBILITY PRIORITIES. THE LATEST OF OUR SIGNAL PROGRAM SOME OF OUR TRAFFIC SAFETY PROJECTS AND OTHER WAYS THAT WE FOCUS ON REDUCING CONGESTION AND ROAD DESIGN AND IMPROVEMENT, IMPROVING MOBILITY OVER THE NEXT SIX MONTHS. OUR PRIORITIES THEY INCLUDE IMPLEMENTING THE CITY'S GENERAL PLAN MOBILITY ELEMENT THAT FOCUSES ON COMPLETE STREETS DESIGN APPROACH TO HELP EVERYBODY GET AROUND THE CITY IN A SAFE AND CONVENIENT WAY. WE ALSO FOCUS ON MINIMIZING CONGESTION AND DELAY, PARTICULARLY AT INTERSECTIONS, WHILE ENSURING THAT CITY STREETS ARE SAFE AND ACCESSIBLE FOR EVERYONE. ALLEVIATE. ALLEVIATING TRAFFIC CONGESTION REMAINS A TOP PRIORITY FOR THE CITY'S TRANSPORTATION DEPARTMENT SINCE THE LAST UPDATE. I'M VERY HAPPY TO REPORT THAT WE COMPLETED THE CONNECTION OF THE LAST 5% OF OUR SIGNALS, AND THEY'RE NOW CONNECTED AND TRANSMITTING CONTROLLER DATA CONTROLLER DATA TO THE CITY'S HIGH SPEED THROUGH THE HIGH SPEED FIBER NETWORK. THE NEW FIBER NETWORK SIGNIFICANTLY IMPROVES THE DATA CAPACITY, SPEED, AND RELIABILITY OF THE SYSTEM. A HUGE THANK YOU TO OUR IT DEPARTMENT PARTNERS FOR HELPING ACHIEVE THIS MAJOR CITY GOAL. FOR AN EXAMPLE, IF THERE'S A DELAY WHERE CARS ARE WAITING AT LIGHTS LONGER THAN NORMAL, STAFF CAN ADJUST THE CITY. THE THE SIGNAL TIMING IN AN AREA REMOTELY TO GET THE CARS MOVING AGAIN. THIS SCREENSHOT SHOWS A VERY RECENT ROAD WORK PROJECT ON RANCHO SANTA FE. ALTHOUGH CONSTRUCTION ACTIVITY REDUCED THE NUMBER OF THROUGH TRAVEL LANES, THE SIGNAL TIMING ADJUSTMENTS WERE MADE TO MINIMIZE THE EFFECT OF THE LANE CLOSURE. [01:55:03] THE SPIKE SHOWS THE TRAVEL TIME DECREASING WITH THE CONGESTION WHILE THE CONSTRUCTION TRAFFIC CONTROL WAS BEING SET UP AND THEN THE TRAFFIC TRAVEL TIMES WERE IMPROVED. ONCE STAFF ADDED MORE GREEN TIME TO THE MAIN LINE. TRAFFIC SIGNAL PHASING, THEY'RE IMPROVING THE TRAFFIC CONDITIONS. WE CONTINUE TO ANALYZE THE DATA TO OPTIMIZE OUR TRAFFIC SIGNAL TIMING PLANS ON THE MAJOR CORRIDORS TO REDUCE DELAY AND GET PEOPLE TO WHERE THEY NEED TO GO. THESE SCREENSHOTS UTILIZE MULTIPLE BIG DATA TO VISUALIZE THE TRAFFIC PATTERNS IN THE CITY. THE TOP LEFT SCREENSHOT SHOWS THE MOST THAT MOST COMMUTER TRAFFIC IN THE AFTERNOON PEAK ALONG EL CAMINO REAL DOES NOT TRAVEL ALL THE WAY THROUGH THAT CITY CORRIDOR. ONLY A SMALL PORTION GOES FROM ONE END TO THE OTHER. THE BOTTOM SCREENSHOT SHOWS THAT OUR MORNING TRAFFIC VOLUMES, AND CONFIRMS THAT OUR MAJOR CORRIDORS ARE VERY DIRECTIONAL FROM MORNING TO THE AFTERNOON FLOWS, WHICH HELPS US SET OUR OUR SIGNAL TIMING PROGRAMS ACCORDINGLY. AND THEN THE TOP RIGHT SCREENSHOT SHOWS GPS DATA FROM ACTUAL FIELD TRAVEL TIME RUNS PLOTTED AGAINST THE PROGRAM SIGNAL TIMING. AND THIS HELPS US FINE TUNE OUR SIGNAL TIMING TO MINIMIZE DELAY. SINCE THE LAST UPDATE, WE COMPLETED IMPROVEMENTS AT FIVE CROSSWALKS ON CARLSBAD BOULEVARD. YOU MIGHT REMEMBER WE UPGRADED THE CROSSWALK SEVERAL YEARS AGO. THIS IS FURTHERING IMPROVING THE SAFETY AT THOSE LOCATIONS. AND HERE'S A QUICK VIDEO. ANOTHER PROJECT WE'RE ALSO NEARING COMPLETION ON IS THE AVENIDA ENCINAS COASTAL RAIL TRAIL PROJECT FROM POINSETTIA STATION TO CARLSBAD BOULEVARD. THE IMPROVEMENTS INCLUDE NEW PAVEMENT SURFACES, DELINEATION AND INTERSECTION IMPROVEMENTS TO BEST BALANCE THE ROADWAY DESIGN WITH THE SURROUNDING COMMUNITY, AND THE MOST COST EFFECTIVE MANNER. THIS SLIDE SHOWS THE ANTICIPATED PROGRESS OVER THE NEXT SIX MONTHS OF JUST A FEW OF OUR PROJECTS. IN YOUR STAFF REPORT. STARTING ON PAGE THREE OF 19, YOU'LL SEE A MUCH LONGER LIST OF THE TRANSPORTATION TEAM'S PAST SIX MONTHS ACCOMPLISHMENTS AND THE ANTICIPATED PROGRESS OVER THE NEXT SIX MONTHS TO ENHANCE THE TRAFFIC SAFETY AND KEEP TRAFFIC MOVING THROUGHOUT THE CITY. THANK YOU. THAT CONCLUDES MY PRESENTATION. AND NOW I INVITE CHAIR COELHO UP TO THE LECTERN FOR HIS COMMENTS. CHAIR. THANK YOU, DIRECTOR FRANK. I APPRECIATE THE INVITATION TO SPEAK TONIGHT ON BEHALF OF THE TRAFFIC SAFETY AND MOBILITY COMMISSION. MR. MAYOR, MEMBERS OF COUNCIL AND STAFF, I DO APPRECIATE THE OPPORTUNITY TO COME AND TALK TO YOU THIS EVENING AND ALONG WITH MY COLLEAGUES, I'M REALLY APPRECIATIVE OF THE EFFORT THAT STAFF HAS MADE OVER THE LAST TWO, THREE YEARS. THE CITY HAS ACCOMPLISHED A LOT OVER THAT TIME PERIOD, AND IT WOULDN'T BE WITHOUT THE EFFORT OF STAFF. SO I WANT TO START OFF BY THANKING STAFF FOR THE COUNTLESS EFFORTS, THE TRAFFIC MEETINGS THEY'VE COME TO CITY COUNCIL MEETINGS, STAYING LATE, MISSING DINNERS, GAMES AND WHATNOT WITH THEIR FAMILIES. SO I WANTED TO START OFF THERE. I'VE BEEN ON THE COMMISSION NOW FOR THREE YEARS, AND IN ANTICIPATION OF MY COMMENTS THIS EVENING, HAVE THOUGHT A LOT ABOUT THOSE THREE YEARS. WHEN I FIRST STARTED, WE WERE MEETING ON ZOOM, WHICH HAD ITS COMPLICATIONS AS WE ALL EXPERIENCED. AND THEN WE WERE FORTUNATE TO COME BACK IN PERSON. BUT A FEW MONTHS AFTER THAT THERE, BECAUSE OF THE CIRCUMSTANCES IN THE CITY, A EMERGENCY WAS DECLARED. AND THE THE GOOD THING THAT CAME OUT OF THAT WAS THAT THERE WAS AN ACCELERATION OF WHAT I WOULD LIKE TO CALL MODERN TRAFFIC DESIGN. WE'RE MOVING AWAY FROM WHAT WAS LEGACY DESIGNED TO A MORE MODERN DESIGN THAT'S BEING INCORPORATED ALL ACROSS THE COUNTRY THAT WE'RE STARTING TO SEE COME TO FRUITION NOW. MANY OF THE PROJECTS THAT WERE CONTEMPLATED DURING THE TIME PERIOD ARE JUST COMING OUT AND HITTING THE PAVEMENT IN THE LAST SIX MONTHS, THAT YOU'LL CONTINUE TO SEE THAT. BUT MOST IMPORTANTLY, YOU WILL SEE THE EVOLUTION OF THAT DESIGN PROCESS THAT STAFF HAS BEEN ADOPTING OVER THE YEARS. YOU'VE SEEN THOSE AS DIRECTOR FRANK MENTIONED AND THE SLURRY SEAL AND STRIPING PROJECTS THROUGHOUT THE CITY, WHETHER IT BE ON LA COSTA, AVENIDA ENCINAS, EL CAMINO REAL, WE'VE SEEN THE IMPLEMENTATION, IMPLEMENTATION OF THE SAFER ROUTES TO SCHOOL PROGRAM, WHICH IS ALREADY BEING IMPLEMENTED AND WILL CONTINUE TO BE IMPLEMENTED. WE'VE ALSO SEEN THE RESIDENTIAL TRAFFIC MANAGEMENT PROGRAM LISTED ON THERE AS TRAFFIC CALMING MEASURES ON PLUM TREE ROAD AND SOME OTHER STREETS THAT ARE MAKING OUR SCHOOLS SAFER FOR OUR KIDS TO WALK TO AND FROM, RIDE THEIR BIKES AND WHATNOT. AND ALL THESE PROJECTS ARE REPRESENTATIVE OF THE DEPARTMENT'S EVOLUTION OVER THE LAST COUPLE OF YEARS. [02:00:05] AND THAT'S WHAT I WANTED TO POINT OUT HERE TODAY AS WE LOOK AT THE NEXT SIX MONTHS AND THEN THE NEXT YEAR, 18 MONTHS, AS WE CONTINUE TO ADOPT THESE NEW PROGRAMS, THE NEW APPROACH TO DESIGN, WHICH I KNOW SOUNDS SCARY, BUT I THINK THAT AS THE DATA STARTS TO COME OUT, WE'LL REALLY SEE THE EFFECTIVENESS OF THE PROGRAMS THAT WE'VE IMPLEMENTED. I THINK THAT THE MOST IMPORTANT THING WITH REGARDS TO THE DESIGN THAT I IMPLORE YOU ALL TO THINK ABOUT OVER THE NEXT SIX MONTHS AS THESE PROJECTS COME FROM THE TRAFFIC COMMISSION TO YOU ALL FOR CONSIDERATION IS UNDERSTANDING THE CREATIVITY WITH WHICH THE STAFF APPROACHES SOLVING PROBLEMS. I THINK THAT IF WE ASKED OURSELVES IF WE CAN ALLEVIATE PROBLEMS THROUGH BETTER DESIGN, AND I THINK THAT STAFF IS DOING THAT, I THINK THAT, PRACTICALLY SPEAKING, IF WE ASK THEM, CAN WE MAKE MORE PARKING SPOTS AVAILABLE WITHOUT PHYSICALLY MAKING MORE PARKING SPOTS? CAN WE MAKE TRAFFIC FLOW BETTER WITHOUT CREATING MORE LANES? AND STAFF IS WORKING ON THAT, AS YOU SAW WITH DIRECTOR FRANK'S PRESENTATION ON OUR SIGNAL PROGRAM. AND SO FOR THE REMAINDER OF THIS YEAR AND INTO 2025, THINK ABOUT THOSE THINGS AS WE BRING UP PROJECTS TO YOU. AND I THINK THAT WE CAN ALL APPRECIATE THE ADVANCES WE'VE MADE OVER THE LAST SIX MONTHS, 12, 18 MONTHS, AND THAT WILL CONTINUE TO MAKE IN THE FUTURE. AND I ASK YOU ALL TO KIND OF STAY THE COURSE OF THE PROGRAMS THAT WE'VE BEEN IMPLEMENTING. AND AS THE YEARS COME, WE'LL SEE THIS TRANSFORMATION ACROSS THE CITY. AND I REALLY THINK THAT WITH THE THE LIMITED RESOURCES THAT ANY CITY HAS, THAT THIS APPROACH IS REALLY THE BEST WAY TO TO MOVE FORWARD, THAT WE WOULD ALL LOVE TO HAVE WIDE BOULEVARDS WITH HUGE TREES THROUGHOUT THE CITY, BUT UNFORTUNATELY, WE DON'T HAVE THE RESOURCES, WE DON'T HAVE THE SPACE, AND WE'RE WORKING WITHIN THE CONFINES OF WHERE WE EXIST. WE'LL SEE THE BEST CARLSBAD WE CAN MAKE FROM A TRAFFIC, SAFETY AND MOBILITY PERSPECTIVE. AND WITH THAT, I CONCLUDE MY COMMENTS. THANK YOU FOR YOUR TIME. APPRECIATE IT. DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS. QUESTIONS FROM COUNCIL. COMMENTS. MRS. BHAT-PATEL. SURE. THANK YOU AND THANK YOU, MR. FRANK AND MR. COELHO FOR YOUR COMMENTS. AND I SEE THAT YOU BROUGHT YOUR KIDS. SO THAT'S TRUE DEDICATION THERE IS EVEN THE KIDS ARE HERE. BUT JUST WANTED TO POINT OUT ESPECIALLY WITH THE COASTAL RAIL TRAIL IMPROVEMENTS. I KNOW MR. FRANK, YOU'VE BEEN WORKING ON THAT FOR QUITE SOME TIME, AND I KNOW WE WERE DISCUSSING THAT NOT ONLY HERE, BUT ALSO AT NCTD AND THE SANDAG TRANSPORTATION COMMITTEE MEETING. AND SO WE WERE ACTUALLY JUST RUNNING THE OTHER DAY AND WE WERE ABLE TO SEE SOME OF THOSE CHANGES, AND IT LOOKS GREAT. SO I'M HOPING THAT THOSE FOLKS THAT ARE OUT THERE UTILIZING THAT HAVE THE ABILITY TO SEE THOSE CHANGES AND YOU'VE WORKED ON A LOT CLEARLY IN THE LAST SIX MONTHS, AND I FEEL LIKE EVERY SIX MONTHS WE SEE ALL THESE DIFFERENT THINGS THAT ARE BEING DONE THROUGHOUT THE COMMUNITY. I HOPE THAT WE CONTINUE TO PUSH FORWARD ON SOME OF THE OTHER THINGS. I KNOW THAT I CONTINUE TO BE A SQUEAKY WHEEL ON. I KNOW I CALL ALMOST AT LEAST EVERY OTHER DAY. WITH SOMETHING, WHETHER IT'S, YOU KNOW, TO THE CITY MANAGER OR OTHERWISE. BUT I DEFINITELY AM ALWAYS BRINGING THINGS UP BECAUSE AND I THINK JUST KIND OF ALLUDES TO THAT WHOLE MODERN TRAFFIC DESIGN PIECE. RIGHT? IT'S IT'S REALLY MAKING SURE THAT FOLKS THAT ARE REALLY WANTING TO UTILIZE DIFFERENT MODES OF TRANSIT HAVE THE ABILITY TO DO THAT, OR IF THEY'RE WANTING TO WALK OR BIKE OR WHATEVER, THEY CAN DO SO SAFELY. SO I JUST WANTED TO SAY THANK YOU FOR ALL THE WORK THAT'S BEING DONE, AND I CONTINUE TO LOOK FORWARD TO SEEING THOSE IMPROVEMENTS THROUGHOUT THE CITY. THANK YOU. ANY OTHER COMMENTS, MISS ACOSTA? THANK YOU. THANKS AGAIN TO MR. FRANK AND THE STAFF, AND ALSO TO OUR COMMISSIONERS FOR THEIR VOLUNTEER WORK. AND I KNOW THAT THEY DO PUT IN A LOT OF EXTRA TIME TO MAKE SURE THAT THE COMMISSION IS ABLE TO WEIGH IN WITH COMMUNITY INPUT AND MAKE RECOMMENDATIONS TO US. SO I, I WANT TO ECHO THE SENTIMENTS OF MY COLLEAGUE ABOUT THE VISIBLE IMPROVEMENTS. EVERY TIME YOU COME AND YOU SHOW US THESE LISTS OF THINGS THAT YOU'VE ACCOMPLISHED, AS WELL AS YOUR PLANS FOR THE NEXT SIX MONTHS. SO THANK YOU FOR THAT. THANK YOU ALSO FOR YOUR RESPONSIVENESS, BECAUSE I TO PASS ALONG COMMENTS AND REQUESTS AND SOMETIMES COMPLAINTS FROM OUR RESIDENTS TO USUALLY TO THE CITY MANAGER, WHO I KNOW PASSES THEM ALONG SO THAT WE CAN GET THAT THAT THOSE RESPONSES BACK TO THE COMMUNITY. AND A LOT OF THE REQUESTS RECENTLY HAVE BEEN ABOUT THIS UPCOMING SLURRY SEAL PROJECT AND THE VISIBLE STREET IMPROVEMENTS THAT I KNOW ARE HAPPENING RIGHT NOW. THE SYNCHRONIZED TRAFFIC SIGNALS, YOU KNOW, SOMETIMES THAT COMES UP LIKE IT DID EARLIER TONIGHT DURING THE NON-AGENDA NON-AGENDA PUBLIC COMMENT. I KNOW THAT WE'VE BEEN WORKING A LOT ON THAT. AND I SAW YOUR SLIDE WHERE WE CONNECTED THE LAST OF THE SIGNALS. BUT CERTAINLY I THINK THERE'S STILL ROOM FOR IMPROVEMENT THERE. AND I DID SEE THAT IN THE ANTICIPATED PROGRESS FOR THE NEXT SIX MONTHS, AS WELL AS THE SAFE ROUTES TO SCHOOL. I SIT ON THE CITY SCHOOLS COMMITTEE WITH COUNCIL MEMBER BHAT-PATEL, AND I KNOW WE TALK ABOUT THAT WITH THE FOUR DIFFERENT SCHOOL DISTRICTS THAT OVERLAP WITH OUR CITY BOUNDARIES. SO I KNOW WE ARE ALL VERY INTERESTED IN THAT. [02:05:01] THANK YOU. I THINK THE KEY TO OUR SUCCESS IN OUR STREETS INFRASTRUCTURE HERE IS THE MONITORING AND THE CHECKING IN WITH THE COMMUNITY, WITH STAFF ALL THE TIME. SO THIS IS SO IMPORTANT FOR US TO HAVE THIS CONVERSATION IN PUBLIC. SO THANK YOU FOR ALL YOUR HARD WORK AND FOR SHARING YOUR PROGRESS. THANKS, MISS BURKHOLDER. THANK YOU MAYOR. WELL, PUBLIC HEALTH IS NOT ACTUALLY PART OF OUR LEGISLATIVE SUBCOMMITTEE. PUBLIC SAFETY IS AND I DO APPRECIATE YOUR, YOU KNOW, JUST ATTENTION TO THAT. AND WHEN WE HAD THE BICYCLE EMERGENCY, YOU DOVE RIGHT IN. I DON'T KNOW THAT YOU'VE SLEPT FOR A COUPLE OF YEARS DURING THAT TIME PERIOD, BUT I APPRECIATE THE WORK THAT YOU DO AND ENJOY OUR RELATIONSHIP WITH SANDAG, BECAUSE WE GET TO ASK FOR THE TOUGH THINGS. AS MY COLLEAGUE ALLUDED TO WITH THE COASTAL RAIL TRAIL NOT BEING COMPLETED, ALTHOUGH IT'S BEEN ON THE BOOKS FOR 20 PLUS YEARS. SO WE'RE PUSHING FOR THOSE THINGS. SO THANK YOU. APPRECIATE YOUR TIME, MISS LUNA. JEFF, I THINK YOU NEED TO TRAIN YOUR PLANNING COMMISSION CHAIR TO BE A GREAT PR GUY. LIKE, LIKE LIKE MR. FRANK HAS IT'S IT'S JUST IT'S INCREDIBLE. YOU HAVE A GREAT ASSET THERE, MR. FRANK. THANK YOU FOR ALL YOUR SERVICE AND FOR MANAGING THAT. I KNOW YOU HAVE SOME PRETTY HEAVY CROWDS, SO THANK YOU SO MUCH. THIS IS AN INFORMATIONAL ITEM. THERE WILL BE NO VOTE. THAT BRINGS US TO THE CONCLUSION OF OUR MEETING. [COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS] CLOSING COMMENTS, MISS LUNA. SO THOSE OF YOU THAT MAY NOT HAVE NOTICED, WE ARE CHANNELING TEAM USA UP HERE. SO GO USA. AND I'M NOT GOING TO SAY HOW MANY MORE GOLDS OR WHAT WE GOT TODAY BECAUSE, YOU KNOW, IT'S A LITTLE TAPE DELAYED. SO WE'RE DOING PRETTY GOOD THOUGH. SO THANK YOU, COLLEAGUES. MISS BURKHOLDER, I KNOW SANDAG FOR AN ENTIRE MONTH, SO I'M JUST, YOU KNOW, REJUVENATING THIS MONTH SO WE CAN GET BACK IN THE GAME IN SEPTEMBER HAPPY RECESS TO THE COUNCIL, AND WE'LL SEE YOU AGAIN IN A COUPLE OF WEEKS. MISS ACOSTA, THANK YOU. I'M LOOKING AT MY ASSIGNMENTS. QUICK THINGS COMING UP. THE CITY COUNCIL LEGISLATIVE SUBCOMMITTEE COMES UP ON AUGUST 20TH, WHICH IS I KNOW IT SEEMS LIKE IT'S A WAYS AWAY, BUT IT'S GOING TO COME BY QUICKLY. SO WE'LL BE MEETING AGAIN THEN THE LEAGUE OF CALIFORNIA CITIES SAN DIEGO COUNTY DIVISION MEETS AUGUST 12TH, WHICH IS NEXT MONDAY, AND TWO MONDAYS, TWO MONDAYS. SORRY, MARTY. COMPRESSING THE TIME. AND THE SAN DIEGO COUNTY WATER AUTHORITY JUST MET ON THURSDAY, AND YOU MAY HAVE SEEN THAT IN THE NEWS. WE HAD A BIG KIND OF STRUGGLE AND CHALLENGING DISCUSSIONS ABOUT RAISING THE RATES, AND WE WERE ABLE TO KEEP THE RATES MUCH LOWER THAN WAS INITIALLY PROPOSED. SO THAT WAS VERY GOOD. AND WE DON'T MEET AGAIN THERE UNTIL THE END OF AUGUST. SO IT'S A THE LAST THURSDAY OF EVERY MONTH. THANK YOU, MISS BHAT-PATEL. NOTHING BUT JUST GO TEAM USA. [CITY MANAGER COMMENTS] CITY MANAGER. YES, SIR. JUST AS A REMINDER, WE WILL BE DARK FOR THE NEXT TWO WEEKS. THE NEXT CITY COUNCIL MEETING WILL BE ON AUGUST 20TH, AND WE WILL GET WORKING ON THE. WHAT CAME FIRST, THE CHICKEN OR THE ORDINANCE. SO THANK YOU, CITY ATTORNEY. NOTHING. THANK YOU. ENJOY YOUR RECESS. CITY CLERK. WE'RE ADJOURNED. I ALMOST OPENED. * This transcript was compiled from uncorrected Closed Captioning.