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[00:00:03]

I'M CALLING TONIGHT'S MEETING TO ORDER.

[CALL TO ORDER]

PLEASE TAKE ROLL.

I HAVE A ANNOUNCEMENT.

THE CITY COUNCIL WILL SERVE AS THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS ON CONSENT CALENDAR ITEM NUMBER FIVE.

AND ON DEPARTMENTAL AND CITY MANAGER REPORT ITEM NUMBER 13.

NEXT IS THE PLEDGE.

MISS LUNA, WOULD YOU PLEASE LEAD US IN THE PLEDGE? READY? BEGIN.

[PRESENTATIONS]

NEXT IS PRESENTATIONS.

I INVITE COUNCIL MEMBER BURKHOLDER TO PRESENT THE SENIOR PROGRAM TO THE SENIOR PROGRAM MANAGER, ROSANNE HUMPHREY.

THANK YOU, MAYOR.

I'D LIKE TO INVITE THE SENIOR PROGRAM MANAGER UP TO THE STAND, ROSANNE HUMPHREY.

AFTER I READ THE PROCLAMATION, YOU'LL BE WELCOME TO SAY A FEW WORDS.

THIS IS A PROCLAMATION RELATIVE TO HABITAT MANAGEMENT PLAN.

IT'S THE 20TH YEAR ANNIVERSARY.

WHEREAS THE AWARD WINNING CARLSBAD HABITAT MANAGEMENT PLAN, OR HMP, WAS APPROVED BY THE CITY COUNCIL, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND THE US FISH AND WILDLIFE SERVICE IN NOVEMBER OF 2004 RATHER AND WHEREAS, THE PURPOSE OF HMP IS TO CREATE A 6478 ACRE PRESERVE SYSTEM VERY SPECIFIC WITHIN THE CITY FOR PROTECTION OF THREATENED AND ENDANGERED SPECIES AND THEIR HABITATS.

AND WHEREAS THE APPROVAL OF THE HMP WAS NECESSARY FOR CONTINUED ECONOMIC DEVELOPMENT AND IMPLEMENTATION OF THE CITY'S GROWTH MANAGEMENT PLAN AND GENERAL PLAN.

AND WHEREAS, WITHIN THE FIRST 20 YEARS OF THE HMP IMPLEMENTATION, THE CITY HAS ASSEMBLED OVER 96% OF THE HABITAT PRESERVED SYSTEM AND SATISFIED OVER 100% OF ITS REGIONAL CONSERVATION REQUIREMENT IN THE COUNTY GNATCATCHER CORE AREA.

AND WHEREAS THE CITY CONTINUES TO ENHANCE THE HMP THROUGH TARGETED AND ADAPTIVE MANAGEMENT PROGRAMS AND SCIENTIFIC INQUIRY.

NOW THEREFORE, I, COUNCIL MEMBER MELANIE BURKHOLDER, ON BEHALF OF THE MAYOR AND CITY COUNCIL, DO HEREBY RECOGNIZE THE HABITAT MANAGEMENT PLANS 20TH ANNIVERSARY AND ENCOURAGE ALL RESIDENTS AND VISITORS TO ENJOY THE BEAUTIFUL, NATURAL, OPEN SPACE THAT WE SO PROUDLY PROTECT.

THANK YOU. THANK YOU, COUNCIL MEMBER BURKHOLDER.

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

MY NAME IS ROSEANNE HUMPHREY, AND I'M THE HABITAT MANAGEMENT PLAN COORDINATOR FOR THE CITY.

IN NOVEMBER 2004, CITY COUNCIL APPROVED THE HABITAT MANAGEMENT PLAN.

AND TODAY WE'RE CELEBRATING OUR 20TH ANNIVERSARY.

THE GOAL OF THE HMP IS TO CREATE AN INTERCONNECTED, CITY WIDE PRESERVE SYSTEM TO PROTECT ALL VARIETIES OF HABITATS AND SPECIES, WHILE ALLOWING CONTINUED ECONOMIC GROWTH AND DEVELOPMENT THROUGH THIS CITY WIDE CONSERVATION PROGRAM.

THE CITY HAS SET ASIDE OVER 6200 ACRES OF PRESERVED LAND, MET 100% OF OUR OBLIGATION TO PRESERVE AN ADDITIONAL 300 PLUS ACRES OF HABITAT FOR THE COASTAL CALIFORNIA GNATCATCHER AND ESTABLISHED A STRONG NETWORK OF LAND MANAGERS, LANDOWNERS, CONSERVATION ORGANIZATIONS AND RESOURCE AGENCIES.

I WANT TO THANK YOU ALL FOR RECOGNIZING THIS IMPORTANT PROGRAM AND FOR YOUR CONTINUED SUPPORT AND PROTECTION OF OPEN SPACE AND THE NATURAL ENVIRONMENT. THANK YOU.

WILL YOU PLEASE JOIN US RIGHT UP FRONT HERE FOR A GROUP PHOTOGRAPH?

[00:05:40]

THANK YOU, MAYOR. REGARDING THE CLOSED SESSION THAT OCCURRED THIS AFTERNOON, THERE WAS NO REPORTABLE ACTION.

THANK YOU. NEXT IS PUBLIC COMMENT.

[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 WILL RECEIVE NON-AGENDA PUBLIC COMMENTS FOR A TOTAL OF 15 MINUTES AT THE BEGINNING OF THE MEETING.

CITY COUNCIL WILL RECEIVE ANY ADDITIONAL NON-AGENDA PUBLIC COMMENTS AT THE END OF THE MEETING, IN CONFORMANCE WITH THE BROWN ACT.

NO ACTION MAY OCCUR ON ANY OF THE NON-AGENDA ITEMS. WHEN MAKING YOUR COMMENTS, PLEASE TREAT OTHERS WITH CIVILITY, COURTESY 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 NON-AGENDA PUBLIC COMMENT.

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

THE CLERK WILL CALL YOUR NAME.

PLEASE COME UP TO THE PODIUM.

YOU HAVE THREE MINUTES AT THE 2.5 MINUTE MARK.

PODIUM LIGHT WILL TURN YELLOW.

THAT'S GIVING YOU NOTICE. YOU ONLY HAVE 30S LEFT.

I'VE ASKED THE CLERK TO TURN OFF THE MICROPHONE AT THE CONCLUSION OF THE THREE MINUTES.

THAT WAY, EVERYBODY GETS EXACTLY THE SAME AMOUNT OF TIME TO SPEAK.

PLEASE CALL THE FIRST SPEAKER, CATHY LEONARD, FOLLOWED BY MARY LUCID.

GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS.

THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT.

I ALSO WANT TO THANK YOU FOR YOUR SERVICE TO THE CITIZENS OF CARLSBAD NOW AND IN THE FUTURE BY UPHOLDING CARLSBAD'S MOTTO.

WHAT IS POPULAR FOR CARLSBAD IS NOT ALWAYS RIGHT.

WHAT IS RIGHT FOR CARLSBAD IS NOT ALWAYS POPULAR.

I ALSO WOULD LIKE TO THANK MIKE STRONG.

FOR MEETING WITH ME AND DEMONSTRATING HIS DEVOTION TO THE FUTURE OF CARLSBAD.

HIS COMPASSIONATE CONSIDERATION IS EVIDENT IN HIS COMMENT THAT SOMETHING THAT COULD AFFECT CARLSBAD MAY ALSO AFFECT OUR NEIGHBORS IN SAN MARCOS AND VISTA.

LONG LIVE CARLSBAD'S MOTTO.

THANK YOU.

GOOD EVENING, CITY COUNCIL.

MARY LUCID FROM OCEANSIDE, FORMERLY OF CARLSBAD, HERE TO TALK ABOUT KINDNESS TOWARDS SENIORS.

BANNING SENIORS FROM ATTENDING THE SENIOR CENTER IS SOMETHING THAT SHOULD BE DISCUSSED WITH HR AND APPEALS THERE.

FIVE MINUTES AT THE CITY COUNCIL DOESN'T GIVE ONE ENOUGH TIME TO TALK ABOUT THE EMPLOYEES WHO ARE NOT WELL TRAINED TO DEAL WITH CITIZENS AND SENIORS OF ALL AGES.

NOR DOES IT ADDRESS THE DOWNGRADE IN SERVICES UNDER PARK AND REC NEW LEADERSHIP, KYLE LANCASTER FOLLOWING MIKE PACHECO AND MARGARET HAMMER, ALSO KNOWN AS MAGGIE HAMMER.

MONETIZING THINGS, DISCOURAGING VOLUNTEER PARTICIPATION WITH THE SENIORS.

USED TO BE MOTHERS AND DAUGHTERS WOULD SHOW UP TO VOLUNTEER AT LUNCHTIME.

OTHER AGENCIES.

ROTARY, ETC.

WOULD VOLUNTEER AND COME IN.

BUT NO, NOW THINGS ARE LOCKED UP, ROOMS, DOORS ARE LOCKED.

PARKS AND REC IS CONCENTRATING ON COST RECOVERY, NOT SERVING SENIORS.

[00:10:03]

WHAT KIND OF A COMMUNITY MISTREATS SENIORS? WHAT KIND OF A COMMUNITY DOESN'T GROW? THERE'S THE SAN DIEGO FOUNDATION THAT HELPS ADVISE PARKS AND REC.

THERE'S AARP, AARP, AMERICAN ASSOCIATION OF RETIRED PEOPLE, IN CASE YOU'RE TOO YOUNG TO KNOW.

BUT THEY HAVE IDEAS.

ONE SIZE DOES NOT FIT ALL WHEN IT COMES TO SENIORS.

AND CONGRATULATIONS TO TERESA ACOSTA FOR GETTING REELECTED, EVEN THOUGH CITIZENS IN HER AREA WANT A SECOND SENIOR CENTER AND SHE'S IGNORING THEM 20% OF THE POPULATION.

PLEASE COUNCIL MEMBER ACOSTA TRY AND DO BETTER FOR SENIORS.

NOW THAT YOU'RE REELECTED AT THE SENIOR CENTER, IT'S ALL EASY TO SLANDER SOMEONE AND SAY, OH, THEY'RE A TERRIBLE PERSON, OR OH, THEY'RE A WOMANIZER, OR THEY'RE OUT TO LUNCH, BUT IT'S NOT A GOOD IDEA, AND IT'S BENEATH THE CITY COUNCIL, AND IT'S BENEATH THE CITY OF CARLSBAD ITSELF.

TO NOT HELP SENIORS AND NOT MAKE IT AS GOOD AS IT CAN BE WITHIN THE COST PARAMETERS.

PLEASE CONSIDER THIS.

THANK YOU.

DOLORES WELTY.

DOLORES WELTY.

I LIVE IN LEUCADIA, RIGHT NEXT DOOR TO YOU, AND AS A MATTER OF FACT, YOUR TERRITORY TOUCHES MINE.

AND I WONDERED IF YOU'D LIKE TO SEE A PICTURE OF YOUR TERRITORY.

I DON'T KNOW IF YOU CAN SEE IT THERE, BUT OBVIOUSLY IT'S IN A LITTLE BIT OF TROUBLE.

HAVE YOU HEARD ABOUT THE BLUFF COLLAPSE YOU HAD IN THE SOUTHERN BLUFFS OF BATIQUITOS? I'D LIKE TO SEE A NOD IF YOU HEARD IT.

YEAH, WELL. YOUR CITY.

THAT'S THE THING ABOUT PLANNERS.

THEY ALL KNOW ABOUT IT.

YOUR STAFF ALL KNOWS ABOUT IT BECAUSE THEY'RE WORKING WITH OUR STAFF IN ENCINITAS.

BUT IT TAKES A HECK OF A LOT OF COOPERATION TO GET ANYTHING DONE.

THIS HAPPENED IN JANUARY OF THIS YEAR DURING THE JANUARY RAINS.

THIS HOLE GOES UNDERNEATH LEUCADIA PROPERTY.

2717, I THINK, IS THE NAME OF THE WOMAN WHO LIVES HERE.

THIS IS HER BRICK WALL.

I WANTED TO SHOW THIS TO YOU.

I SHOWED IT TO MY OWN CITY COUNCIL ON AN OVERHEAD.

BUT I HAVE TO MAKE SPECIAL ARRANGEMENTS HERE TO SHOW YOU PICTURES ON AN OVERHEAD.

WHAT HAPPENED WAS THAT THE PLANNERS IN MY CITY ALLOWED THE DEVELOPER OF THE 48 HOUSES ON THE WESTERN PROPERTY RIGHT THERE, BETWEEN THE FILLING STATION AND SHERIDAN ROAD, RIGHT OFF LACOSTA TO GRADE THE PROPERTY FOR GRAVITY FLOW, FOR SEWAGE, WHICH MEANT PILING UP TEN FEET OF FILL AT THE BLUFF.

NOW, THEY DIDN'T EVEN REALLY PILE IT UP AT THE BLUFF.

THIS IS THE BLUFF.

THEY PILED IT ON LOT 12.

BUT WHEN THE RAINS CAME, THE WATER SOAKED INTO THAT, AND IT CAME OVER THE NEIGHBOR'S SIX FOOT HIGH FOOT FENCE.

IT STARTED ROLLING DOWN THE BLUFF SLOPES, NOT ONLY TO THE LAGOON, BUT ALSO TO THE WEST, ROLLED TO THE WEST, WENT OVER HER SIX FOOT HIGH FENCE, FILLED HER YARD, FILLED HER GARAGE, WENT AROUND THE SIDE, FILLED HER YARD.

THAT'S BEEN CLEANED UP QUITE A BIT.

IT WAS ABOUT A FOOT HIGH.

I JUST BRING THIS TO YOUR ATTENTION IN HOPES WE GET SOMETHING DONE BEFORE THE RAINS COME IN JANUARY.

THANK YOU VERY MUCH.

MA'AM. WE WAIT JUST ONE MOMENT, PLEASE.

WHERE'S GARY? GARY IS GOING TO BE IN THE BACK OF THE ROOM.

OKAY. IN THE BACK OF THE ROOM OUTSIDE.

I'VE ASKED GARY BARBERIO TO TALK WITH YOU SO HE CAN TALK TO YOU ABOUT THE.

I KNOW GARY FROM LONG AGO.

OKAY. THEN YOU'LL RECOGNIZE.

40 YEARS RIGHT HERE.

OKAY.

THERE

[00:15:04]

ARE NO MORE SPEAKERS. OKAY.

THANK YOU. NEXT IS CONSENT CALENDAR.

[CONSENT CALENDAR (Part 1 of 2)]

I HAVE TO READ THE FOLLOWING BEFORE THE CONSENT CALENDAR ON ITEM NUMBER ONE ON THE CONSENT CALENDAR IS TO APPROVE THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT WITH THE CITY MANAGER.

IF THE AGREEMENT IS APPROVED BY CITY COUNCIL, THE CITY MANAGER'S ANNUAL BASE SALARY WILL INCREASE BY 2.5% TO 334,000 924,090 CENTS PER YEAR.

IN ADDITION, A CHANGE TO THE SEVERANCE PROVISION IS MADE TO ENSURE COMPLIANCE WITH STATE LAW.

WITH THAT, WE HAVE CONSENT CALENDAR ITEMS NUMBER ONE THROUGH FIVE.

DO WE HAVE ANY SPEAKERS ON ANY OF THOSE? YES. WE HAVE A SPEAKER ON ITEM NUMBER ONE, MARY LUCID.

GOOD EVENING, CITY COUNCIL.

I'M IN FAVOR OF SCOTT CHADWICK SPENDING ONE WEEK WITH IT'S FAMILY HERE IN CARLSBAD.

OR WITHOUT HIS FAMILY, YOU KNOW, IF THEY CAN'T MAKE IT.

BUT. SO THAT HE GETS TO KNOW THE NEIGHBORHOODS AND KNOW PEOPLE IN THE AREA.

YOU'RE NOT JUST HEARING FROM STAFF WHO KNOW BEST FOR EVERYBODY.

YOU GET TO SEE THE CITY.

YOU GET TO KNOW THE CITY.

THE PEOPLE IN THE CITY GET TO KNOW YOU.

I HAVE NO PROBLEM WITH WHERE YOU LIVE BECAUSE A HELICOPTER CAN COME AND PICK YOU UP AND GET YOU HERE IF NECESSARY.

I'M SURE THE MAYOR CAN ARRANGE IT.

BUT I DO FEEL THAT YOU NEED TO SPEND TIME AWAY FROM THE PROFESSIONALS AND GET OUT ON THE STREET, SO TO SPEAK, AND SEE THE PEOPLE AND HEAR FROM THEM DIRECTLY SO THAT THE CITY ATTORNEY DOESN'T HAVE TO TELL THEM, OH, YOU CAN'T SPEAK ABOUT THAT ITEM BECAUSE IT'S NOT ON THE AGENDA.

YOU GOT TO WAIT.

EVEN THOUGH PEOPLE COME HERE AFTER WORK AND THEY'RE TIRED AND THEY WANT TO SPEAK.

AND IT USED TO BE THEY HAVE OFFICE HOURS.

SO THERE WAS A REASON THEY WANTED THE CITY MANAGER TO LIVE IN THE CITY WHERE HE WORKS OR SHE WORKS.

I THINK THAT'S A VALID POINT.

SO ONE WEEK AND AT HIS SALARY, HE CAN AFFORD IT.

AND IT'S A TAX DEDUCTION.

HE CAN RENT A SPACE HERE, OR THE MAYOR CAN PUT HIM UP WITH HIS FAMILY AND THEIR ANIMALS.

WHATEVER. BUT TRY TO REALIZE THAT EVEN THOUGH YOU'RE PROFESSIONALS, OTHER PEOPLE CAN HAVE GOOD IDEAS OR A VALID VIEWPOINT THAT ARE ACTUALLY ON THE SCENE.

NOT AT WINDSOR POINT.

BUT, YOU KNOW, I'M JUST SAYING THERE WAS A REASON THEY PUT THIS IN THE CONSTITUTION OR THE SETUP FOR THE CITY. SO YES, I'M IN FAVOR OF THE CITY MANAGER LIVING WHERE HE LIVES, BUT I'M ALSO IN FAVOR OF HIM GETTING TO KNOW PEOPLE HERE IN THE CITY AND KNOW WHY THEY FEEL THINGS ARE IMPORTANT.

SO, AM I BOTHERING YOU? EXCUSE ME.

IN ANY CASE, THANK YOU FOR YOUR TIME AND CONSIDERATION.

AND TRY TO REMEMBER THERE ARE OTHER PEOPLE THAT HAVE SOME GOOD IDEAS OR THAT NEED YOUR HELP.

AND THEY'RE OUT THERE YOU'RE JUST TOO.

THANK YOU. DO WE HAVE ANY OTHER COMMENTS? THERE ARE NO MORE SPEAKERS.

ANYBODY ON THE COUNCIL WISH TO PULL ANY OF THE CONSENT CALENDAR ITEMS? MOTION. I'D LIKE TO PULL ITEM NUMBER TWO.

OKAY. AND I'LL BE VERY QUICK.

THE REQUEST IS FOR THERE'S TWO OPTIONS BEFORE US, BUT YET THIS IS SCHEDULED AS A CONSENT ITEM.

AND THERE'S AN OPTION ONE AND OPTION TWO.

SO I DON'T THINK WE HAVE THE LIBERTY TO JUST SAY LET'S DO OPTION.

YES. SO I THINK MAYBE WE MIGHT HAVE TO TAKE A VOTE ON IT ON WHICH OPTION WE WOULD LIKE.

TO TAKE THE OTHER ONES FIRST OR WOULD YOU.

OKAY. LET'S TAKE THAT NOW.

AND THEN WE'LL PUT IT BACK WITH ALL THE CONSENT FOR ONE BIG VOTE.

[2. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE, INSTALL AND MAINTAIN ELECTRIC VEHICLE CHARGING STATION INFRASTRUCTURE AT VETERANS MEMORIAL PARK, CIP PROJECT NO. 4609]

ITEM TWO, PLEASE.

GOOD EVENING, CITY COUNCIL.

I'M NICK ZUPAN. I'M THE PARKS PLANNING MANAGER.

[00:20:02]

TONIGHT YOU HAVE A RECOMMENDED ACTION TO APPROVE AN AGREEMENT BETWEEN SGA AND THE CITY OF CARLSBAD FOR THE IMPLEMENTATION OF RULE 45.

RULE 45 IS A PROCESS THAT CURRENTLY IS NOT COVERED AS PART OF OUR MUNICIPAL PLAN OR MUNICIPAL CODE.

AND THIS WOULD ALLOW THE CITY COUNCIL TO ENTER INTO AN AGREEMENT WITH SGA TO COVER THE COST OF EV CHARGER INSTALLATIONS FOR VETERANS MEMORIAL PARK, AS YOU'RE AWARE.

VETERANS MEMORIAL PARK IS A PROJECT WE'VE BEEN WORKING ON FOR A LITTLE BIT.

IT'S JUST UNDER 94 ACRES.

HALF OF THAT WILL BE A DEVELOPED SITE.

AND IN AN EFFORT TO REACH THE GOALS OF OUR CLIMATE ACTION PLAN AND OTHER EFFORTS OF THE REGION, WE REALLY WOULD LIKE TO HAVE MORE EV CHARGERS WITHIN THE CITY'S NETWORK.

OPTION ONE FOR THE EXCUSE ME, OPTION ONE BEFORE YOU IS TO AGREE TO ENTER INTO AN AGREEMENT WITH SGI TO COVER THE INSTALLATION OF THE MAJOR INFRASTRUCTURE FOR THE CHARGERS TO THE PARK.

AND THOSE ARE THINGS LIKE THE TRANSFORMER CONDUIT LINES TO THE TRANSFORMER, TO THE MAIN SWITCH GEARS, THINGS LIKE THAT.

THE CITY WOULD THEN COVER THE SUPPLEMENT COSTS OF THE CHARGERS AND PARK SIDE AMENITIES.

IT'S A BULK OF THE COSTS THAT SDG WOULD COVER FOR A TOTAL OF $5,000.

IT'S SPLIT INTO TWO SIDES OF THE PARK.

$2,500. $2,500.

SO SOUTH AND NORTH.

THIS WOULD ALSO ALLOW THE CITY TO BETTER BUILD OUT FOR FUTURE IMPROVEMENTS.

SO WE CURRENTLY HAVE ABOUT FOUR CHARGERS DUAL CHARGERS IN THE SOUTH FOR CHARGERS IN THE NORTH.

AND WE WOULD LIKE TO ADD THAT TO A TOTAL OF 14 IN THE FUTURE.

THIS WOULD ALLOW THE CITY THEN TO HAVE MORE OF A NETWORK WITHIN THIS REGION OF KIND OF THE MID CITY.

SO AGAIN, OPTION ONE BEFORE YOU IS TO APPROVE THAT AGREEMENT.

OPTION TWO IS TO NOT ENTER AN AGREEMENT WITH SD GENIE AND THE CITY WOULD COVER ALL COSTS FOR THE IMPLEMENTATION OF THOSE CHARGERS.

QUESTIONS FROM COUNCIL.

I JUST WANTED THE OPPORTUNITY TO VOTE.

WE WERE POSED WITH TWO OPTIONS, SO I DON'T KNOW IF COUNCIL MEMBER I MOVE APPROVAL OF STAFF'S RECOMMENDATION.

SECOND. OKAY, WE HAVE A MOTION AND A SECOND.

PLEASE VOTE. SINCE I DIDN'T SAY THAT IT WAS JUST ON ITEM TWO.

SO THE NEXT VOTE WILL BE ON ITEM ONE, THREE, FOUR AND FIVE.

[CONSENT CALENDAR (Part 2 of 2)]

MOTION, PLEASE. SO MOVED.

SECOND. PLEASE VOTE.

THAT PASSES UNANIMOUSLY.

THANK YOU. ITEM NUMBER SIX IS AN ORDINANCE MODIFYING CITY TREASURER'S

[6. ORDINANCE MODIFYING CITY TREASURER EDUCATION ELIGIBILITY REQUIREMENTS]

EDUCATION ELIGIBILITY REQUIREMENTS.

CITY MANAGER. YES.

MAKING THE PRESENTATION TODAY IS OUR CITY ATTORNEY, CINDY MCMAHON, ALONG WITH OUR LEGISLATIVE AND CONSTITUENT SERVICES DIRECTOR, SHEILA COBURN.

LADIES. THANK YOU, MAYOR.

THIS ITEM IS IN RESPONSE TO A JULY 16TH MINUTE MOTION BY THE CITY COUNCIL.

IT ADDRESSES CONCERNS ABOUT THE CITY TREASURER EDUCATION REQUIREMENTS BY SUBSTITUTING THE REQUIREMENT FOR A FOUR YEAR DEGREE WITH A REQUIREMENT FOR EITHER A BACHELOR'S, MASTER'S, OR DOCTORAL DEGREE.

THE DEGREE SUBJECTS REMAIN UNCHANGED.

THE DEGREE MUST BE IN BUSINESS ADMINISTRATION, PUBLIC ADMINISTRATION, ACCOUNTING, FINANCE, OR ECONOMICS.

IF THE CITY COUNCIL DESIRES, MISS COBIAN CAN PULL UP A SLIDE WITH THE PROPOSED LANGUAGE CHANGES, AND SHE AND I ARE AVAILABLE TO ANSWER ANY QUESTIONS.

DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS.

THANK YOU. ANY QUESTIONS FROM COUNCIL? ANY QUESTIONS FROM COUNCIL? NO, I'M JUST ASKING FOR THE SLIDE.

OKAY. COMMENTS.

MISS ACOSTA. THANK YOU.

THANK YOU TO STAFF FOR BRINGING THIS BACK TO US.

I THINK THAT THIS IS WHAT WE ASKED FOR, TO HAVE THIS BROADENING OF THE ELIGIBILITY.

AND WE HAD A WE HAD A LOT OF PUBLIC COMMENT BACK THEN.

I KNOW WE DON'T HAVE ANY TONIGHT, BUT I THINK IT'S BECAUSE PEOPLE ARE IN AGREEMENT WITH THIS NEW LANGUAGE.

SO THANK YOU.

ANY OTHER COMMENTS? MOTION. MOVE.

INTRODUCTION OF THE ORDINANCE AND AGENDA ITEM SIX.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

[7. ORDINANCE NO. CS-477 AMENDING TITLE 2, CHAPTER 2.12 SECTION 2.12.010 OF THE CARLSBAD MUNICIPAL CODE RELATING TO RESIDENCY REQUIREMENTS OF THE CITY MANAGER ]

ITEM NUMBER SEVEN. CITY MANAGER.

THAT WOULD BE CITY ATTORNEY, WOULDN'T IT? YES. I'M SORRY.

THIS IS JUST THE INTRODUCTION OF OR.

I'M SORRY, THE ADOPTION OF THE ORDINANCE REGARDING THE CITY MANAGER RESIDENCY REQUIREMENTS.

ITEM NUMBER SEVEN. SO WE'RE JUST LOOKING FOR A MOTION, THEN.

OH, JUST THE MOTION. ANY SPEAKERS ON ITEM NUMBER SEVEN? THERE ARE NO SPEAKERS.

OKAY. MOTION, PLEASE. SO MOVED.

SECOND. PLEASE VOTE.

PASSES. UNANIMOUSLY.

[8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEARS 2025-20230 DRAFT CONSOLIDATED PLAN PRIORITIES AND AUTHORIZATION TO RELEASE A NOTICE OF FUNDING AVAILABILITY TO SOLICIT APPLICATIONS FOR GRANT-FUNDED PROJECTS FOR FISCAL YEAR 2025-26]

NUMBER EIGHT, CITY MANAGER.

NUMBER EIGHT IS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

[00:25:03]

FISCAL YEARS 25 THROUGH 30.

DRAFT CONSOLIDATED PLAN PRIORITIES AND AUTHORIZATION TO RELEASE A NOTICE OF FUNDING AVAILABILITY TO SOLICIT APPLICATIONS FOR GRANT FUNDED PROJECTS FOR FISCAL YEARS 25 THROUGH 26. MAKING OUR PRESENTATION TODAY IS OUR HOUSING SERVICES MANAGER, CHRISTIAN GUTIERREZ.

GOOD EVENING, MAYOR, CITY COUNCIL MEMBERS.

TONIGHT'S ITEM WILL PROVIDE AN OVERVIEW OF THE FISCAL YEAR 2025 THROUGH 2030.

CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, ITS PLAN PRIORITIES AND REQUESTS.

THE AUTHORIZATION OF A RELEASE OF NOTICE OF FUNDING AVAILABILITY.

SO THE COMMUNITY DEVELOPMENT BLOCK GRANT, KNOWN AS THE CDBG PROGRAM, IS FUNDED BY THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ALSO KNOWN AS HUD.

IT ENABLES CITIES TO EXPAND OPPORTUNITIES, PARTICULARLY FOR LOW AND MODERATE INCOME RESIDENTS.

THE CDBG PROGRAM PROVIDES APPROXIMATELY 550,000 ANNUALLY TO THE CITY TO SUPPORT PROJECTS THAT IMPROVE HOUSING ACCESS, ENHANCE LIVING ENVIRONMENTS, AND EXPAND OPPORTUNITIES FOR LOW AND MODERATE INCOME RESIDENTS.

THE CONSOLIDATED PLAN IS A FIVE YEAR STRATEGIC DOCUMENT THAT'S REQUIRED BY HUD.

IT'S SERVING AS A BLUEPRINT FOR ALLOCATING THESE FUNDS BASED ON IDENTIFIED COMMUNITY NEEDS AND PRIORITIES, TO ENSURE CONTINUED RECEIPT OF THESE FUNDS.

WE ARE REQUIRED TO DEVELOP A FIVE YEAR CONSOLIDATED PLAN THAT IDENTIFIES THE CITY'S HOUSING AND COMMUNITY.

COMMUNITY DEVELOPMENT NEEDS THAT DIRECT THE USE OF THE CDBG FUNDS.

SO THIS PLAN WILL GUIDE THE CITY'S PRIORITIES FOR 2025 TO 2030.

SO BEGINNING WITH OUR ANNUAL ACTION PLAN, WHICH IS GOING TO BE FISCAL YEAR 2526.

ADDITIONALLY, STAFF PRESENTED THE DRAFT CDBG CONSOLIDATED PLAN PRIORITIES TO THE HOUSING COMMISSION ON OCTOBER 10TH, AND THEY ADOPTED A RESOLUTION RECOMMENDING MOVING THE DRAFT PRIORITIES FORWARD TO CITY COUNCIL FOR YOUR REVIEW.

SO THE DRAFT CONSOLIDATED PLAN PRIORITIES ARE OUTLINED IN THE STAFF REPORT.

PRIORITIZE INCREASING AFFORDABLE HOUSING, ADDRESSING HOMELESSNESS, FAIR HOUSING, EDUCATION AND SUPPORTIVE SERVICES FOR VULNERABLE POPULATIONS LIKE SENIORS AND LOW INCOME FAMILIES.

SO, IN ORDER TO ATTAIN THESE DRAFT PRIORITIES AND TO ASSIST THE COMPLETION OF OUR CONSOLIDATED PLAN, THE CITY HAS CONTRACTED WITH RSG INCORPORATED.

SO RSG ENSURED WE MET PUBLIC PARTICIPATION REQUIREMENTS, PREPARED COMPONENTS OF THE CONSOLIDATED PLAN, AND THEY DEVELOPED THE ONE YEAR ACTION PLAN THAT WILL IMPLEMENT THE STRATEGIC GOALS FOR THE UPCOMING FISCAL YEAR, BEING 25 TO 26.

SO RSG HAS WORKED ALONGSIDE CITY STAFF, CONDUCTING COMMUNITY OUTREACH, GATHERING DATA AND ENSURING THE PLAN REFLECTS THE NEEDS AND PRIORITIES OF CARLSBAD RESIDENTS. SO, FOLLOWING STAFF'S PRESENTATION, RSG STAFF WILL PRESENT A BRIEF BACKGROUND ON THE CONSOLIDATED PLAN AND HOW WE REACH THESE DRAFT PRIORITIES.

SO IF CITY COUNCIL WERE TO MOVE TO ADOPT THE RESOLUTION, THE NEXT STEPS INVOLVE RELEASING THE NOTICE OF FUNDING AVAILABILITY, SOLICITING AND REVIEWING APPLICATIONS FROM SERVICE PROVIDERS FOR PROJECTS THAT ALIGN WITH THESE DRAFT PRIORITIES, AND THEN FINALLY PRESENTING THE FUNDING ALLOCATIONS FOR COUNCIL APPROVAL IN SPRING OF 2025.

SO THE PROPOSED ACTION IS THE ADOPTION OF THE RESOLUTION, APPROVING THE DRAFT CONSOLIDATED PLAN PRIORITIES AND AUTHORIZATION TO RELEASE A NOTICE OF FUNDING AVAILABLE AVAILABILITY TO SOLICIT APPLICATIONS FROM SERVICE PROVIDERS THAT ALIGN WITH THE DRAFT PRIORITIES.

SO THIS CONCLUDES STAFF'S PRESENTATION.

BUT I WOULD LIKE TO INTRODUCE NOW DOMINIQUE CLARK.

SHE'S FROM RSG.

SHE'S GOING TO PRESENT A BRIEF BACKGROUND ON THE CONSOLIDATED PLAN AND HOW WE REACH THESE DRAFT PRIORITIES.

GOOD EVENING.

AS KRISTIN STATED, I AM DOMINIQUE CLARK WITH RSG AND I JUST WANT TO GIVE A BRIEF BACKGROUND ON HOW WE GOT TO THE DRAFT CONSOLIDATED PLANS.

NEXT SLIDE PLEASE.

SO AS KRISTIN STATED, THE CONSOLIDATED PLAN IS RELATED TO CDBG OR THE COMMUNITY DEVELOPMENT BLOCK GRANTS.

AND WHAT WE'RE TALKING ABOUT NOW IS THE CONSOLIDATED PLAN.

NEXT SLIDE PLEASE.

AND AS A CONDITION OF RECEIVING FUNDING FROM HUD FOR CDBG, HUD REQUIRES THAT EVERY FIVE YEARS WE HAVE TO CREATE THIS FIVE YEAR STRATEGIC PLAN. AND IT INCLUDES SEVERAL SECTIONS, INCLUDING ASSESSMENT OF THE CURRENT COMMUNITY NEEDS AND ANALYSIS OF THE MARKET.

THE STRATEGIC PLAN, WHICH IS BASICALLY OUR FUNDING PRIORITIES FOR THE NEXT FIVE YEARS FOR CDBG AND THEN THE FIRST YEAR ANNUAL ACTION PLAN.

NEXT SLIDE.

SO THIS SLIDE JUST SHOWS THE FULL CONSOLIDATED PLAN PROCESS WHICH RESTARTS EVERY FIVE YEARS.

[00:30:04]

SO THE FIRST STEP IS THIS FIVE YEAR CONSOLIDATED PLAN.

AND THAT PLAN. WE SAY WHAT OUR FUNDING PRIORITIES ARE FOR THE NEXT FIVE YEARS FOR CDBG, AND THEN EVERY YEAR YOU HAVE TO SUBMIT AN ANNUAL ACTION PLAN THAT SAYS HOW YOU WILL ENACT THOSE GOALS OVER THE NEXT YEAR.

AND THEN ALSO AT THE END OF EACH YEAR, YOU HAVE TO SUBMIT WHAT'S CALLED A CAPER OR CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION PLAN THAT EVALUATES HOW THE CITY DID IN MEETING ITS GOALS FOR THAT YEAR.

SO THIS SLIDE JUST SHOWS YOU WHAT THE CURRENT CONSOLIDATED PLAN PRIORITIES ARE FOR THE LAST FIVE YEARS.

AND SO NOW OUR GOAL IS TO PRESENT PRIORITIES FOR THE NEXT FIVE YEARS.

AND SO IN ORDER TO DECIDE WHAT OUR GOALS WOULD BE FOR THE NEXT FIVE YEARS, WE DID A NUMBER OF THINGS.

FIRST, WE ENGAGED THE COMMUNITY AND WE ALSO ENGAGE STAKEHOLDERS.

NEXT SLIDE PLEASE.

IN ORDER TO GET THEIR FEEDBACK.

AND WE DID THAT THROUGH COMMUNITY MEETINGS AND COMMUNITY SURVEYS.

WE ALSO LOOKED AT FEDERAL AND STATE DATA, SOME OF WHICH ARE SHOWN ON THIS SLIDE.

SO THAT INCLUDES CENSUS BUREAU DATA.

HUD DATA. AND BASED ON ALL OF THAT ANALYSIS IS HOW WE CAME UP WITH THE DRAFT PRIORITIES THAT WE'RE PRESENTING TO YOU TODAY.

SO THE NEXT SLIDE SHOWS THOSE PRIORITIES ONCE AGAIN, WHICH CHRISTINE ALREADY WENT THROUGH.

AND AGAIN, I WANT TO EMPHASIZE THAT THESE ARE DRAFT SO THEY CAN BE CHANGED AT A LATER DATE.

BUT WE ARE ASKING TO PROCEED WITH THESE DRAFT PRIORITIES FOR NOW.

AND THAT CONCLUDES MY PRESENTATION.

THIS IS A PUBLIC HEARING.

I'M OPENING THE PUBLIC HEARING.

DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS.

CLOSING THE PUBLIC HEARING.

QUESTIONS FROM COUNCIL.

COMMENTS FROM COUNCIL.

MS. ACOSTA. THANK YOU.

THANK YOU FOR THE PRESENTATION.

AND TO RSG ALSO FOR THE PRESENTATION.

I REMEMBER WHEN WE CONSOLIDATED THIS CDBG COMMITTEE WITH THE HOUSING COMMISSION, AND I'M GLAD TO HEAR THAT IT'S WORKING OUT WELL AND THAT WE'RE COMING UP WITH THIS GREAT PLAN.

SO I'M HAPPY TO SUPPORT IT.

AND I JUST WANT TO THANK YOU FOR ALL YOUR HARD WORK.

ANY OTHER COMMENTS? MOTION, PLEASE.

MOVE. ADOPTION OF THE RESOLUTION.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

THANK YOU. ITEM NUMBER NINE, CITY MANAGER.

[9. ADOPTION OF CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW OR EXPANDED AIRPORT LAND USES – GPA2024-0001, ZCA2024-003, LCPA2024-0021, AND OAJ2024-0001 (PUB2024- 0008)]

GREAT. THANK YOU SO MUCH.

ITEM NUMBER NINE IS ADOPTION OF CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW OR EXPANDED AIRPORT LAND USES.

AND MAKING. OUR PRESENTATION TODAY IS OUR ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR, MIKE STRONG, ALONG WITH OUR SENIOR ASSISTANT CITY ATTORNEY, ALLEGRA FROST.

THANK YOU AND GOOD EVENING, CITY COUNCIL.

FOR THE RECORD, MIKE STRONG, THIS IS DIRECTOR OF COMMUNITY DEVELOPMENT.

AND JOINING ME AT THE STAFF TABLE IS ALLEGRA FROST, SENIOR ASSISTANT CITY ATTORNEY.

THE CHATTON LAW BROWN GROUP SUBMITTED A LETTER TO THE CITY ON JANUARY 2ND OF THIS YEAR REQUESTING THAT THE CITY REINITIATE SOME CODE AMENDMENT WORK THAT HAD PRIOR BEEN STARTED IN 2018 AND THEN WAS ABANDONED IN 2019.

THE CITIZENS FOR FRIENDLY AIRPORT ALSO REQUESTED THAT THE CITY ADD POLICIES TO THE GENERAL PLAN TO HAVE A SOLIDARITY APPROACH TO REGULATING OR ADDRESSING CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW AND EXPANDED AIRPORTS.

THE CITY COUNCIL RECEIVED THAT LETTER AT THEIR MEETING IN FEBRUARY ON FEBRUARY 27TH, AND DIRECTED STAFF TO RETURN AT A FUTURE MEETING DATE, WITH THE TIMELINE AND THE STEPS NECESSARY TO PROCESS THOSE CODE AMENDMENTS.

CITY STAFF DID RETURN ON APRIL 23RD OF THIS YEAR WITH THAT REPORT, AND CITY COUNCIL DIRECTED STAFF TO PROCEED FORWARD WITH THE CODE AMENDMENTS.

BUT WITH THE ADOPTION OF RESOLUTION OF INTENT 20 2486.

THE PROJECT INVOLVES SEVERAL COMPONENTS, WHICH IS OUTLINED IN THE STAFF REPORT.

THE FIRST IS THE PROPOSED AMENDMENTS TO THE GENERAL PLAN.

AND I DO WANT TO STATE THAT THIS THE SCOPE OF THE GENERAL PLAN AMENDMENTS MERELY RESTATE, RATHER THAN CHANGE EXISTING LAWS OR PREVIOUS ACTIONS OF THE CITY COUNCIL.

THE FIRST IS A SPECIFIES A POLICY STATEMENT CITY OPPOSITION TO ANY CHANGE TO THE PALOMAR AIRPORT THAT WOULD INCREASE WHAT WE CALL AS AIRPORT DESIGN CODE FOR THE AIRPORT FACILITY AND ITS AIRSIDE AND LANDSIDE FUNCTIONS.

THAT WAS SOMETHING THAT THE CITY COUNCIL IN 2019 ADDRESSED THROUGH RESOLUTIONS 2019, 178 AND 179, WHICH WAS ADOPTED IN SEPTEMBER OF THAT YEAR.

ESSENTIALLY STATING THE SAME THING, TAKING A POSITION OF SUPPORT FOR THE B2 ENHANCED ALTERNATIVE AIRPORT REFERENCE CODE, AND OPPOSING ANYTHING THAT WOULD INTENSIFY BEYOND THAT DESIGNATION.

THE GENERAL PLAN AMENDMENTS ALSO INCORPORATE STATE LAW DEFINITIONS FOR AIRPORT AND AIRPORT EXPANSION.

THESE ARE CODIFIED IN THE PUBLIC UTILITIES CODE SECTION 21013 DEFINES AIRPORT AND SECTION 21664.5

[00:35:06]

DEFINES AIRPORT EXPANSION.

SO THOSE ARE PROPOSED TO BE ADOPTED BY REFERENCE.

IT REQUIRES NEW OR EXPANDED AIRPORT LAND USES TO OBTAIN A NEW OR AMENDED CONDITIONAL USE PERMIT.

THE AIRPORT OR THE TERRITORY OF THE LANDS COMPRISING THE AIRPORT WERE ANNEXED TO THE CITY IN 1978.

THE CITY COUNCIL ADOPTED RESOLUTION 5637 TO DIRECT THAT ANNEXATION AND THE ANNEXATION AGREEMENTS WERE PREDICATED ON THE AIRPORT SPONSOR TO OBTAIN A CONDITIONAL USE PERMIT AND TO CHANGE THE ZONING DESIGNATION TO WHAT IT IS TODAY.

THE LAST BULLET ON THIS PAGE IS TO PERMIT AIRPORT DEVELOPMENT ONLY WITHIN THE CURRENT BOUNDARIES OF THE PALOMAR AIRPORT.

THE CITY COUNCIL ADOPTED ORDINANCE 659 9 OR 9 9566.

IN 1980, TO DESIGNATE THE BOUNDARY OF THE AIRPORT, AND IN DOING SO, THE LAND USE MAPS AND THE ZONING MAPS HAVE BEEN PREDICATED ON THE CONTINUED OPERATION OF THE AIRPORT IN THAT BOUNDARY.

AS A GENERAL AVIATION FACILITY OR A GENERAL AVIATION AIRPORT, AND A GENERAL AVIATION AIRPORT IS A TYPE OF CLASSIFICATION OF AN AIRPORT.

THERE'S 26 COMMERCIAL AIRPORTS IN THE STATE OF CALIFORNIA.

THERE'S 33 RELIEVER AIRPORTS, AND THERE'S 133 GENERAL AVIATION FACILITY OR GENERAL AVIATION AIRPORTS AND THE CARLSBAD AIRPORT IS ONE OF THOSE AIRPORTS. SIMILARLY, AND I'LL GO THROUGH THIS MUCH MORE IN BREVITY JUST BECAUSE I COVERED IT PREVIOUSLY.

BUT THE ZONING PROPOSED AMENDMENTS TO THE ZONING CODE ARE TO IMPLEMENT THE PROPOSED CHANGES TO THE GENERAL PLAN AND CARRY FORWARD MUCH OF THE SAME PREMISE AND IN SCOPE.

THE PROPOSED AMENDMENTS TO THE LOCAL COASTAL PROGRAM INCLUDE CHANGES TO THE IMPLEMENTATION PLAN.

THOSE ARE THE PROPOSED ZONING ORDINANCE CHANGES THAT WERE SHOWN ON THE PREVIOUS SLIDE, AND ARE PROVIDED AS DETAILED INFORMATION IN THE STAFF REPORT.

THOSE PORTIONS OF THESE ORDINANCE THAT ARE PROPOSED FOR AREAS OUTSIDE OF THE COASTAL ZONE WOULD BE EFFECTIVE IMMEDIATELY AFTER ADOPTION.

THOSE AREAS WITHIN THE COASTAL ZONE WOULD HAVE TO BE TRANSMITTED TO THE COASTAL COMMISSION FOR APPROVAL PRIOR TO THEIR EFFECTIVENESS.

THE PROPOSED PROCEDURES TO IMPLEMENT A PUBLIC UTILITIES CODE, SECTION 21661, IS A REQUIREMENT OF THE STATE OF CALIFORNIA THROUGH THE DIVISION OF AERONAUTICS UNDER A CALIFORNIA LAW.

THE ACQUISITION OF PROPERTY OF EXPANSION OF THE AIRPORT MAY NOT BEGIN UNTIL THE AIRPORT SPONSOR SUBMITS A PLAN DETAILING THE PROPOSED USES OF PROPERTY TO THE CITY, AND THE CITY HOLDS A PUBLIC HEARING TO APPROVE THAT PLAN.

THE PROPOSED PROCEDURES ARE INTENDED TO SUPPLEMENT THAT STATE REQUIREMENT AND PROVIDE GUIDANCE ON THE STANDARDS OF REVIEW, THE NOTICING REQUIREMENTS, AND THE TIME LIMITS INTENDED. TIME LIMITS TO PROCESS THOSE APPLICATIONS.

PRIOR TO MAKING A DECISION ON THE PROJECT, THE DECISION MAKING BODY NEEDS TO PROVIDE SOME SECRET COVERAGE TO SHOW THAT THE ENVIRONMENTAL IMPACTS OF THE PROJECT HAVE BEEN ANALYZED. IN JANUARY OF THIS YEAR, A SUPPLEMENTAL ENVIRONMENTAL IMPACT WAS PREPARED AND CERTIFIED BY THE CITY COUNCIL FOR THE HOUSING ELEMENT REZONE PROGRAM AND PUBLIC SAFETY ELEMENT UPDATE.

A FIRST ADDENDUM TO THAT DOCUMENT WAS RECENTLY ADOPTED NOVEMBER 12TH BY THE CITY COUNCIL, AND THE COUNCIL APPROVED THE CLIMATE ACTION PLAN UPDATE.

THIS ACTION WOULD COMPRISE THE SECOND ADDENDUM TO THAT DOCUMENT, AND AS SUCH, NO FURTHER ANALYSIS WOULD BE REQUIRED.

AND THE APPROPRIATE SECRET COVERAGE HAS BEEN PROVIDED TO SHOW COMPLIANCE WITH THE CEQA AND THE CEQA GUIDELINES.

THE PLANNING COMMISSION CONSIDERED THIS IN OCTOBER.

ON OCTOBER 16TH, THE PLANNING COMMISSION VOTED SIX ONE IN FAVOR OF THE PROPOSED PROJECT IN ITS ENTIRETY AS SUBMITTED TO THE CITY COUNCIL.

THE PLANNING COMMISSION STAFF, REPORT STAFF OR THE STAFF REPORT AND EXHIBITS DO PROVIDE MORE BACKGROUND INFORMATION.

SO, SHOULD THE READER OF THIS DOCUMENT OR THE CITY COUNCIL WOULD LIKE TO RECEIVE MORE BACKGROUND INFORMATION? IT'S ENCOURAGED TO REFER TO THAT DOCUMENT, WHICH HAS BEEN INCORPORATED BY REFERENCE.

THAT CONCLUDES STAFF RECOMMENDATION.

THERE ARE A SERIES OF ACTIONS THAT WERE ASKED.

THE STAFF IS ASKING THE CITY COUNCIL TO TAKE THAT COMPRISES OF THREE SEPARATE RESOLUTIONS AND ONE ORDINANCE.

I MYSELF AM AVAILABLE TO ANSWER ANY QUESTION AS SO AS A LEG OF FROST.

SO THAT CONCLUDES OUR PRESENTATION.

THANK YOU. THANK YOU. I'M OPENING THE PUBLIC HEARING.

PLEASE CALL SPEAKERS.

MARY LUCID, FOLLOWED BY HOPE NELSON.

[00:40:27]

SORRY. I WANT TO SAY THANK YOU TO HOPE NELSON AND ALL OF THE PEOPLE AT CITIZENS FOR A FRIENDLY AIRPORT, FOR SPENDING TIME AND MONEY TRYING TO CONVINCE THE CITY COUNCIL IN CARLSBAD TO DO THE RIGHT THING FOR THE HOMEOWNERS AND THE AIR QUALITY IN CARLSBAD.

TO PROTECT EVERYONE IN THE AREA.

THEY PERSISTED.

AND WHY IT TOOK SO LONG TO CONVINCE THE CITY THAT MAYBE THIS WAS THE RIGHT THING TO DO.

I DON'T KNOW, BUT THANK YOU, CITY COUNCIL, FOR FINALLY STEPPING UP TO PROTECT THE AIR QUALITY AND THE CITIZENRY AND THEIR PROPERTY VALUES HERE IN CARLSBAD AND SURROUNDING AREAS. I AM SO PROUD OF ALL OF THE MEMBERS OF CITIZENS FOR A FRIENDLY AIRPORT, AND I'M SO PROUD OF THE CITY COUNCIL.

EVEN IF THEIR ATTORNEYS DID HAVE TO HUSTLE AROUND A LITTLE TO SEE THE LIGHT OF HOW GREAT THIS IS FOR THE CITY.

SO THANK YOU, CITY COUNCIL, FOR DOING THE RIGHT THING.

THANK YOU.

CITIZENS FOR A FRIENDLY AIRPORT.

FOR STICKING TO YOUR GUNS, FOR HAVING THE MONEY TO HIRE AN ATTORNEY, FOR RAISING MONEY, TO PERSIST WITH THE ATTORNEY, AND GETTING CHANGE DONE FOR EVERYONE IN THE AREA.

THANK YOU.

THANK YOU. THANK YOU TO EVERYBODY AND MAY WE ENJOY THE BENEFITS OF CLEANER AIR BECAUSE OF YOUR ACTIONS TONIGHT, BASED ON THE INFLUENCE OF THE CITIZENRY IN THE SURROUNDING AREAS WHO CONTRIBUTED TO CITIZENS FOR A FRIENDLY AIRPORT. SO PLEASE VOTE YES FOR THIS MEASURE.

THANK YOU.

AND DON'T FORGET THE SENIORS.

OH MY GOSH. ARE WE REALLY DOING THIS TONIGHT? MAYOR BLACKBURN CITY COUNCIL STAFF.

A HUGE THANK YOU TO MAYOR BLACKBURN AND TO THE COUNCIL FOR SHEPHERDING THIS ITEM THROUGH THE FORMULATION PROCESS TO THIS EVENING'S COUNCIL MEETING.

THANKS TO JASON HABER FOR HEADING US IN THE RIGHT DIRECTION.

AND A HUGE THANK YOU TO ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT MIKE STRONG FOR GETTING THE WORK DONE IN SUCH A COMPLETE WAY AND FOR INCLUDING CFA'S TEAM IN THE PROCESS.

THIS IS A TESTAMENT TO HOW CITIES SHOULD WORK, AND I AM SO PROUD OF THE CITY COUNCIL AND OF STAFF FOR THE EXAMPLE YOU HAVE SET, IT'S FITTING THAT YOU WILL BE THE COUNCIL THAT FINALLY, HOPEFULLY APPROVES STAFF'S RECOMMENDATIONS.

FOR ME, IT'S PRETTY COOL TO THINK TONIGHT YOU MIGHT VOTE TO ENACT STAFF'S RECOMMENDATIONS AND THAT JUST MAYBE, IT WILL BE THE SAME UNANIMOUS VOTE AS ON APRIL 24TH OF THIS YEAR THAT SENT THIS PROJECT TO STAFF.

THIS IS THE CULMINATION OF WORK THAT CAN ENSURE THE CITY OF CARLSBAD HAS FINAL AUTHORITY ON ANY AIRFIELD EXPANSION PLANS, AS WAS THE INTENTION OF THE ANNEXATION AGREEMENT BETWEEN THE CITY AND THE COUNTY IN 1978 AND THE PROMISE OF RETAINING LOCAL CONTROL FOR FUTURE GENERATIONS OF CARLSBAD RESIDENTS. THIS COULD NOT BE MORE TIMELY, CONSIDERING THE VERY OBVIOUS INTENT OF THE COUNTY TO EXCLUDE CARLSBAD FROM ANY SAY REGARDING THE AIRPORT. THERE IS ONE AND ONLY ONE CONCERN I HAVE, AND THAT IS RIGHT NOW PROTECTION ON AIRPORT PROPERTY.

CONSIDERING THE AMERICAN AIRLINES CONTRACT FORTHCOMING TO THE COUNTY BOARD OF SUPERVISORS ON DECEMBER 11TH.

THOUGH, AMERICAN AIRLINES IS ALREADY SELLING SEATS, AND THE COUNTY IS POISED TO SIGN THE CONTRACT WITH AMERICAN ON DECEMBER 11TH.

MY HOPE IS THAT OUR CITY COUNCIL WILL IMPLEMENT THE NECESSARY ACTIONS IN THE MOST AGGRESSIVE WAY AND TO THE FULLEST EXTENT OF THE LAW, AND THAT IS WHAT I BELIEVE IT WILL

[00:45:07]

TAKE TO ASSERT LOCAL CONTROL.

SO AGAIN, SO MANY THANKS FOR WHAT YOU HAVE DONE THIS YEAR.

I HOPE THE VOTE TONIGHT PUTS EACH OF YOU DOWN IN THE CITY ARCHIVES AS THE CITY COUNCIL THAT VOTED UNANIMOUSLY TO ASSERT LOCAL CONTROL FOR PALOMAR AIRPORT.

I'M MOST GRATEFUL.

VICKI SAGE, REPRESENTING A GROUP THAT CONSISTS OF BARBARA CAMPBELL.

DAVID SHINN AND CATHY BAGWELL.

VICKIE, ARE ALL YOUR MEMBERS HERE? YES. THANK YOU. THEY ALL ARE.

THEY SHOOK MY HAND. GOOD EVENING.

I'M NOT GOING TO TAKE ALL TEN MINUTES, BUT I NEEDED MORE THAN THREE.

GOOD EVENING. CITY COUNCIL STAFF MEMBERS AND MEMBERS OF THE COMMUNITY.

I'M VICKI SAGE AND I'M THE CURRENT PRESIDENT OF CITIZENS FOR FRIENDLY AIRPORT, CFR.

I'M HERE TONIGHT TO ASK THE CITY COUNCIL TO PLEASE ACCEPT THE STAFF RECOMMENDATION AND PASS THE RESOLUTIONS BROUGHT FORTH ON BEHALF OF CFR. I'D LIKE TO THANK THE CITY COUNCIL FOR GIVING ITS UNANIMOUS BIPARTISAN SUPPORT TO PURSUE THIS MUCH NEEDED PROJECT, AND TO STAFF FOR THE INCREDIBLE BODY OF WORK THAT YOU HAVE IN FRONT OF YOU.

THIS HAS BEEN A WELL THOUGHT OUT, WELL VETTED, HERCULEAN EFFORT.

TONIGHT IS THE CULMINATION OF SEVEN YEARS OF WORK AND OVER $1 MILLION IN LEGAL FEES SPENT BY BOTH THE CITY OF CARLSBAD AND CFA OVER THE PAST SEVEN YEARS.

THE CITY OF CARLSBAD WAS GRANTED LOCAL CONTROL OF LAND USE AT PALOMAR AIRPORT BY THE COUNTY, AS A CONDITION OF THE 1978 AIRPORT ANNEXATION, AN ANNEXATION THAT WAS REQUESTED BY THE COUNTY OF THE CITY BECAUSE THEY DIDN'T HAVE SEWER OR RUNNING WATER OR POLICE OR FIRE PROTECTION. AND AS THE 2021 COURT'S RULING SO CLEARLY STATES, AND I QUOTE, THE CITY, THE COUNTY VOLUNTARILY AND INTENTIONALLY RELINQUISHED ITS IMMUNITIES WITH RESPECT TO THE AIRPORT, END QUOTE.

THERE SHOULDN'T HAVE BEEN A NEED FOR C4FA'S LAWSUIT AGAINST THE COUNTY.

IN THE EARLY YEARS AFTER THE AIRPORT'S ANNEXATION, THINGS WORKED AS AGREED.

TIME PASSED, INSTITUTIONAL MEMORIES FADED OR WERE LOST, AND THINGS CHANGED.

EXCUSE ME. THE COUNTY DID AS IT PLEASED, AND THE CITY BELIEVED ITSELF POWERLESS TO STOP IT.

CARLSBAD'S OWN OUTSIDE COUNSEL, KAPLAN KIRSCH AND ROCKWELL KK&R, REPORTED THE COUNTY'S POSITION AT THE MAY 7TH, 2019 CITY COUNCIL MEETING. AND I QUOTE FROM KK&R.

THE COUNTY POSITION, IT IS EXEMPT FROM CITY ORDINANCES.

FALSE COMPLIANCE WITH THE CUP IS VOLUNTARY.

ALSO FALSE.

AND THERE'S NO WAIVER OF THE COUNTY'S IMMUNITY.

AGAIN, FALSE.

THE LACK OF CLEAR RECORD KEEPING AND CLEAR DIRECTION LED TO BAD GOVERNANCE, AS KK&R ALSO REPORTED AT THAT SAME MAY 2019 CITY COUNCIL MEETING. AND I QUOTE A NOTE ABOUT HISTORY.

PAST CITY, COUNTY ACTIONS AND INACTION COULD BE CRITICIZED WITH THE BENEFIT OF HINDSIGHT.

THE CITY COULD HAVE BEEN MORE AGGRESSIVE IN THE PAST.

OUR FOCUS HAS BEEN ON WHAT CAN BE DONE NOW AND IN THE FUTURE.

END QUOTE.

THE CULMINATION OF THESE PAST ACTIONS AND THE LAST MINUTE PASSING OF THE 2018 MASTER PLAN UPDATE, THREE WEEKS BEFORE THE 2018 ELECTIONS, LED TO OUR 2018 LAWSUIT AGAINST THE COUNTY.

WE WERE LEFT WITH NO OTHER CHOICE.

WE HAD TO SUE AND WE WON.

TONIGHT WE ARE ASKING THE CITY COUNCIL TO TAKE THE NEXT STEP.

SO THE CITY, THE COUNTY AND THE RESIDENTS NEVER HAVE TO GO THROUGH SUCH AN ORDEAL AGAIN.

AND I'LL GIVE YOU A MORE RECENT EXAMPLE.

C4FA WAS FORMED AFTER A NOVEMBER 2017 MEETING WITH SOME FOUNDING MEMBERS, FOUR MEMBERS FROM THE CITY, TWO COUNCIL MEMBERS, THE CITY ATTORNEY AND THE DIRECTOR OF PLANNING, ALL OF WHOM ARE NO LONGER WITH THE CITY.

AND THREE MEMBERS OF THE COUNTY, INCLUDING THEIR PLANNING DIRECTOR, NO LONGER WITH THE COUNTY.

THE COUNTY HAS HAD FOUR DIRECTORS OF AIRPORT OPERATIONS IN THE PAST SEVEN YEARS, AND THEY'RE ABOUT TO ANNOUNCE THEIR FOURTH DIRECTOR OF DEPARTMENT OF PUBLIC WORKS IN THE LAST SEVEN YEARS.

IT'S A REVOLVING DOOR, SO STAFF HAS SO BRILLIANTLY CREATED AN INSTRUCTION MANUAL.

I CALL IT THE RECIPE BOOK, IF YOU WILL, WITH INSTRUCTIONS AND SUPPORTING DOCUMENTATION ON HOW THE CITY AND COUNTY MUST PROCEED WITH AIRPORT LAND USE CHANGES TO HONOR THE ANNEXATION AGREEMENT, ABIDE BY THE COURT'S RULING, AND PROTECT CARLSBAD'S LOCAL CONTROL.

[00:50:09]

I RESPECTFULLY ASK YOU TO PLEASE VOTE TO ACCEPT ALL OF STAFF'S REQUESTED RESOLUTIONS TO PROTECT CARLSBAD AND ITS RESIDENTS, AND OUR LOCAL CONTROL FOR GENERATIONS TO COME.

SO THANK YOU VERY, VERY MUCH.

AND GOOD EVENING.

SHIRLEY, FOLLOWED BY JAMIE ABBOTT.

GOOD EVENING, MAYOR BLACKBURN AND COUNCIL MEMBERS.

MY NAME IS SHIRLEY ANDERSON, AND I AM ONE OF TWO APPOINTED REPRESENTATIVES TO THE PALOMAR AIRPORT ADVISORY COMMITTEE FOR THE CITY OF CARLSBAD.

THIS EVENING, YOU WILL VOTE ON THE UPDATE AND CLARIFICATION OF THE CONDITIONAL USE PERMIT AND ORDINANCES THAT HAVE BEEN IN PLACE SINCE THE ANNEXATION OF MCCLELLAN-PALOMAR AIRPORT AND THE END OF THE CITY OF CARLSBAD IN 1978.

SOMETIMES WE FORGET WHO MCCLELLAN WAS.

GERALD MCCLELLAN WAS A PILOT AND HIS FATHER WAS THE FIRST MAYOR OF CARLSBAD.

THE AIRPORT WAS NAMED FOR GERALD MCCLELLAN IN 1982.

HE IS HE WAS A VERY ACTIVE CIVIC LEADER AND PRESIDENT OF THE CARLSBAD CHAMBER OF COMMERCE.

IT WAS DURING THIS TIME THAT CARLSBAD CIVIC LEADERS BEGAN TO WORK WITH THE COUNTY ON AIRPORT GROWTH, WITH CONSIDERATION FOR THE COMMUNITY IMPACT THE AIRPORT WOULD HAVE ON FUTURE GENERATIONS.

TONIGHT, YOU CONTINUE THEIR WORK TO PROTECT THE QUALITY OF LIFE FOR FUTURE GENERATIONS, NOT ONLY FOR CARLSBAD, BUT FOR ALL OF NORTH SAN DIEGO COUNTY.

AIRPORTS ARE FUNDED BY TAX DOLLARS.

COUNTY STAFF HAS STATED THAT PALOMAR AIRPORT IS 90% FINANCED BY FAA GRANTS.

IT IS TIME FOR RESIDENTS IMPACTED BY AVIATION TO BE CONSIDERED CONSTITUENTS OF THE COUNTY AIRPORT.

THANK YOU TO ALL THE CALLS TO ALL OF THE CARLSBAD CITY STAFF WHO HAVE WORKED ON THIS ISSUE FOR THE PAST YEAR.

THANK YOU TO MAYOR BLACKBURN, WHO LISTENED TO THE COMMUNITY MEMBERS AND GOT THIS ITEM ON THE COUNCIL AGENDA LAST MARCH.

THIS WILL CLARIFY CARLSBAD'S RIGHTS REGARDING LOCAL CONTROL.

THANK YOU.

SHIRLEY, BEFORE YOU SIT DOWN, ANY TIME WE APPOINT SOMEBODY TO ANYTHING LIKE YOU BEING APPOINTED TO THE PACK, WE CROSS OUR FINGERS AND HOPE YOU'RE GOING TO DO A GOOD JOB AND MAKE US PROUD.

I KNEW YOU WOULD TAKE THE JOB VERY SERIOUSLY.

NEVER DREAMED YOU WOULD DO THIS GREAT OF A JOB.

YOU'VE KEPT US SO WELL INFORMED.

WAY MORE THAN I EXPECTED, AND YOU'VE BEEN SO TACTFUL IN YOUR APPROACH TO IT.

SO FOR THAT, THANK YOU VERY MUCH.

THANK YOU. THANK YOU.

OKAY. AND I'M GOING TO I KNOW THIS IS A VERY EMOTIONAL CHARGED ISSUE, BUT I'M GOING TO ASK NO CLAPPING.

AT THE BEGINNING OF THE MEETING I ASKED FOR NO CLAPPING.

THIS IS A BUSINESS MEETING, SO PLEASE.

GOOD EVENING, MAYOR BLACKBURN.

MEMBERS OF THE CITY COUNCIL.

MY NAME IS JAMIE ABBOTT, AND I'M THE DIRECTOR OF AIRPORTS FOR THE COUNTY OF SAN DIEGO.

RELATED TO THE ITEM ON THE AGENDA THIS AFTERNOON.

THE COUNTY SUBMITTED TWO LETTERS TO THE CITY OF CARLSBAD, ONE ON APRIL 23RD AND ONE ON JULY 8TH, AND ONE LETTER TO THE AIRPORT LAND USE COMMISSION ON JULY 9TH, WHICH EXPRESSES OUR POSITION THAT THE DEVELOPMENT OF PALOMAR AIRPORT IS WITHIN THE CURRENT AUTHORITY OF THE CONDITIONAL USE PERMIT AND FEDERAL PREEMPTION GUIDANCE FROM THE FAA.

WE ASK THAT THE CITY COUNCIL TAKE OUR POSITION INTO CONSIDERATION WHEN APPROVING THE CHANGES TO THE GENERAL PLAN, ZONING ORDINANCE, AND LOCAL COASTAL PROGRAM RELATED TO THE CURRENT AND FUTURE AIRPORT USE AND DEVELOPMENT.

WE CONTINUE OUR COMMITMENT TO BE A GOOD PARTNER WITH THE CITY OF CARLSBAD, WITH THE OPERATION AND DEVELOPMENT OF PALOMAR AIRPORT.

THANK YOU FOR YOUR TIME.

DOMINIQUE BETRO FOLLOWED BY SUSIE THAWLEY.

GOOD EVENING. I'M DOM BETRO, A RESIDENT OF SYLAMAR.

I WOULD LIKE TO THANK THE CARLSBAD CITY COUNCIL AND MAYOR, AND MOST OF ALL STAFF, FOR DELIVERING THIS MATTER IN STELLAR FASHION DURING THE TENURE OF THIS COUNCIL.

IT COVERS MUCH, IF NOT ALL, OF THE IMPORTANT TERMS TO AFFIRM AND STRENGTHEN THE CITY OF CARLSBAD'S LAND USE, JURISDICTION AND AUTHORITY REGARDING PALOMAR AIRPORT.

IT IS VERY WORTHY OF YOUR SUPPORT AND VOTE, ESPECIALLY FOR THE FOLLOWING REASONS.

[00:55:01]

THE CONDITIONAL USE PERMIT OF 1980 IS JUST THAT A PERMITTED USE PER THE CONDITION TERMS. IT CONVEYS THE INTERESTS OF THE CITY OF CARLSBAD THEN AND NOW, TO ALLOW FOR AN AIRPORT WITHIN THE CITY BOUNDARIES, WHILE PROTECTING THE INTEGRITY AND AUTHORITY OF A DULY CHARTERED CALIFORNIA CITY, AND ALSO PRESERVING THE QUALITY LIVING CONDITIONS FOR ITS RESIDENTS.

THE CUP DEFINITION OF THE AIRPORT FOR GENERAL AVIATION USE DOES NOT CONVEY A VISION OF THIS AIRPORT SOMEDAY BECOMING AN EXPANDED AIRPORT WITH LARGER THAN GENERAL AVIATION CATEGORY AIRCRAFT, AS IS THE EXPANSION, EXPANSIONIST INTENT AND CURRENT ACTIONS OF THE COUNTY OF SAN DIEGO.

THE COUNTY IS ATTEMPTING TO CHANGE THE FUNDAMENTAL TERMS OF THE CUP APPROVAL AND THE CONDITIONS IT IS BOUND BY.

THEY ARE USING A BACKDOOR DECEITFUL TACTIC, CLAIMING THAT THE FAA AND AMERICAN AIRLINES ARE MAKING THEM CHANGE THE AIRPORT CONDITIONS THEY HAVE AGREED TO.

THEY EXPECT YOU TO ACCEPT THAT THEIR NEGOTIATING OF A LEASE FOR AN ON SITE AIRPORT FACILITIES FOR A CATEGORY C LEVEL AIRCRAFT DOES NOT VIOLATE THE CUP OR IMPACT THE RESIDENTS SURROUNDING THE AIRPORT, DESPITE THE INAPPROPRIATE AIRCRAFT SIZE FLYING IN AND OUT OF THE AIRPORT.

THIS IS NONSENSE.

THE GOOD NEWS IS THAT YOU ARE NOT ALONE IN STRENGTHENING THE RESOLVE OF THE CITY OF CARLSBAD TO PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS, FIRST AND FOREMOST, AND FOR THE COUNTY OF SAN DIEGO TO COMPLY WITH AGREED UPON CONDITIONS, YOU ARE JOINED BY A CADRE OF CONCERNED CITIZENS, IN ADDITION TO CFR, THE PALOMAR AIRPORT ACTION NETWORK, WHICH I'VE BEEN WORKING WITH, WHICH NOW HAS 30 REPRESENTATIVES FROM HOA'S AND COMMUNITY INTEREST GROUPS THROUGHOUT NORTH COUNTY.

THE CITY OF VISTA JUST RECENTLY PASSED A RESOLUTION OPPOSING THE ATTEMPTS BY THE COUNTY TO ESTABLISH AMERICAN AIRLINES, AIRCRAFT SERVICES AND RESIDENTS AND CITY OF SAN MARCOS WHO ARE HERE AND ARE PART OF OUR GROUP, AS WELL AS A REPRESENTATIVE FROM THE CITY OF VISTA GROUP, ARE PURSUING A SIMILAR RESOLUTION WITH THEIR COUNCIL.

THE CALIFORNIA ATTORNEY GENERAL SHOULD ALSO BE CONSIDERED AN ALLY FOR ASSISTANCE WITH THE CEQA AND EIR COMPLIANCE STANDARDS, WHICH ARE BEING IGNORED BY THE COUNTY. THESE POTENTIAL PARTNERS, LIKE MANY CARLSBAD RESIDENTS, ARE WELL AWARE OF THE FUEL DUMPING AND RESULTING RESIDUE PROBLEMS RESULTING FROM THESE LARGE JETS.

I BELIEVE THAT YOUR ACTION TONIGHT WILL LAY THE.

SIR, YOUR TIME HAS EXPIRED.

THANK YOU. THANK YOU.

GOOD EVENING, COUNCIL MAYOR.

MY NAME IS SUSIE THORLEY AND I'M A 45 YEAR RESIDENT OF CARLSBAD.

PREVIOUSLY, I LIVED IN SAN DIEGO, UP THE HILL FROM THE AIRPORT.

AFTER YEARS OF LIVING THERE AND NOT BEING ABLE TO HEAR PHONE CONVERSATIONS BECAUSE THE AIRPLANES TAKING OFF AND LANDING, I LOOKED FOR A QUIETER PLACE TO LIVE.

I FOUND CARLSBAD IN 78.

I MOVED UP TO RANCHO LA COSTA.

STILL THERE.

IN 2016, 21, YEAH, 2016 I BECAME AWARE OF PALOMAR AIRPORT EXPANSION PLANS AND BEGAN RESEARCHING AND LOOKING FOR MORE INFORMATION TO FIND OUT WHAT WAS PLANNED.

I BEGAN ALSO LOOKING FOR MORE INFORMATION, WHICH LED ME TO THE COLE LIBRARY TO RESEARCH NEWSPAPER ARTICLES ON PALOMAR.

THE LIBRARIAN DIRECTED ME TO A FILE UPSTAIRS THAT HAD A DROP FILE, WHICH CONTAINED DOCUMENTS FROM THE CITIZENS AGAINST PALOMAR EXPANSION DATED JANUARY 15TH, 1979.

MOST OF THOSE RESIDENTS WERE LIVED IN SAN MARCOS AND VISTA, BUT THEY HAD THIS ORGANIZATION AND THE LIBRARY GENEROUSLY SCANNED THE DOCUMENTS AND EMAILED THEM TO ME.

AND I HAVE NOT BEEN ABLE TO LOCATE ANY OF THE PEOPLE WHO ORIGINALLY ON THAT GROUP, BUT THEY QUOTED FROM THE COUNTY DOCUMENT THAT WAS TITLED PALOMAR AIRPORT SUMMARY REPORT, JANUARY 1979, WHICH STATED, QUOTE, EFFECTIVELY, DECEMBER THE 29TH, 1978, PALOMAR WAS FORMALLY ANNEXED INTO THE CITY OF CARLSBAD, WHICH WILL HAVE FINAL AUTHORITY ON ANY AIRFIELD EXPANSION PLANS.

COUNTY DOCUMENT THAT'S 45 YEARS AGO.

THIS REPORT I'M HAPPY TO SHARE, BUT IT'S ALSO AVAILABLE AT THE COLE LIBRARY.

I WANT TO COMMEND THE CITY STAFF FOR THE WORK YOU PUT INTO THIS PROJECT.

IT'S VERY, VERY DETAILED AND COVERS MOST ALL BASES.

I UNDERSTAND THAT MIKE STRONG IS TO BE HIGHLY COMMENDED AND ADD TO ALL THOSE INVOLVED AND SAY A BIG THANK YOU FOR A JOB WELL DONE.

[01:00:07]

HIS STAFF REPORT IS A MONUMENTAL HISTORICAL DOCUMENT, ONE OF WHICH I CAN ONLY SCRATCH THE SURFACE.

ALSO, FAVIOLA MEDINA, THE CITY CLERK'S OFFICE FOR SPENDING TIME WITH ME EXPLAINING HOW TO RESEARCH PUBLIC RECORDS.

SHE WAS VERY HELPFUL, AND I'M GRATEFUL FOR ALL THE EMPLOYEES THAT ARE SO HELPFUL.

AND I WANT TO THANK YOU FOR TAKING BACK LOCAL CONTROL OF THE AIRPORT.

IT'S BEEN A ROCKY ROAD AND HARD WORK ON THESE ISSUES IS GREATLY APPRECIATED.

THIS SUMMARY REPORT ALSO THAT THE COUNTY PUT OUT.

I HAD REQUESTED FOR THREE YEARS, MULTIPLE TIMES AND THEY COULDN'T FIND IT.

FINALLY, THEY FOUND IT.

[INAUDIBLE] FOLLOWED BY MATT SCHACHTER.

SO HOW MUCH TIME DO I HAVE? THREE MINUTES, SIR. OKAY.

FIRST OF ALL I WANT TO SUPPORT C4FA FOR ALL THEIR HARD WORK.

THEY'RE GREAT PEOPLE.

I'VE WORKED WITH THEM FOR MANY YEARS, AND SO I WANT TO COMMENT ON SOMETHING THAT I MIGHT THINK COULD HELP YOU AS A CITY COUNCIL.

ALSO POSSIBLY YOUR ATTORNEY, BUT I'M NOT GOING TO TALK ABOUT HIM.

WHEN I'VE READ ALL THE WORK I'VE READ ON, I'VE READ EVERYTHING THAT EVERYBODY'S HEARD.

AND WHEN I LOOK AT OUR ULTIMATE FIGHT, WHICH WILL BE AGAINST COUNTY PREEMPTION. I LOOK MORE TOWARDS THE ANNEXATION AND THE FACT THAT CUP WAS CONTAINED WITHIN THE ANNEXATION DOCUMENT.

LET ME READ JUST THE LAST PARAGRAPH OF THE ANNEXATION DOCUMENT A FEW HOURS BEFORE THE ANNEXATION WAS APPROVED IN ORDER TO COMPLY WITH THIS IS BY LAFCO IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE CARLSBAD ZONING ORDINANCE, AND APPROPRIATE ZONING DESIGNATION MUST BE PLACED UPON THE AIRPORT AND A CONDITIONAL USE PERMIT MUST BE OBTAINED BY THE COUNTY.

THE CITY OF CARLSBAD AND THE COUNTY ARE IN AGREEMENT WITH THIS PROCEDURE.

ACCORDINGLY, I'M RECOMMENDING THAT YOUR COMMISSION APPROVE THE ANNEXATION OF PALOMAR AIRPORT.

YOU KNOW THAT ANNEXATION IS NOT A MUNICIPAL AFFAIR.

ANNEXATION IS A STATE POWER.

STATE CONTROLS ANNEXATION.

YOU GET. MAYBE GET TO APPROVE IT, BUT THE STATE DETERMINES WHAT IT IS AND HOW IT WILL BE ORGANIZED.

SO LAFCO, BY THE WAY, YOU COULD HAVE GONE THERE.

THEY'RE OPEN AND THEY'LL BE GLAD TO HELP, BUT I THINK WE'RE IN PRETTY GOOD SHAPE.

I JUST RECOMMEND THAT YOU CONSIDER LOOKING AT CUP AS IT IS EMBEDDED INSIDE THE ANNEXATION DOCUMENT.

ANNEXATION WAS DONE PROBABLY A FEW HOURS.

IT WAS DECIDED BY LAFCO THAT IT'S NOW TIME TO APPROVE THE ANNEXATION AFTER YOU'VE AGREED TO THE CONDITIONAL USE PERMIT.

SO IF IT IS PART OF ANNEXATION, ANNEXATION MEANS AN ANNEXATION IS TOTALLY CONTROLLED BY THE STATE OF CALIFORNIA.

SO YOU'LL HAVE THE STATE OF CALIFORNIA TO ARGUE ON YOUR BEHALF, BECAUSE IT'S THE STATE OF CALIFORNIA THAT DID THIS, NOT YOU GUYS. OKAY.

AND THAT WOULD HELP GIVE YOU A LOT MORE LEVERAGE BECAUSE THEN IT WOULD BE THE STATE OF CALIFORNIA V LAFCO THE COUNTY. SO I DON'T KNOW IF YOU FOLLOW WHAT I WAS SAYING, BUT I STRONGLY RECOMMEND THAT YOU LOOK AT THE. YOUR TIME HAS EXPIRED.

THANK YOU SIR.

HOWARD KRAUSE.

WELL, GOOD EVENING, MAYOR AND CITY COUNCIL.

[01:05:02]

I'M HOWARD KRAUSE, A 35 YEAR RESIDENT OF CARLSBAD, ALSO A NEW MEMBER OF THE PALOMAR AIRPORT ADVISORY COMMITTEE.

AND I'M SO PLEASED TO SPEAK TO YOU TONIGHT IN SUPPORT OF THIS AGENDA ITEM NINE.

I HAVE TO CONFESS THAT I HAVEN'T DIGESTED ALL 192 PAGES OF THE STAFF REPORT, AND THERE COULD BE SOMETHING QUESTIONABLE IN THERE.

BUT THAT SAID, I CERTAINLY APPLAUD THE HUGE EFFORT IT TOOK AND FULLY SUPPORT CARLSBAD CONTROLLING LAND USE IN AND AROUND PALOMAR AIRPORT AS ORIGINALLY INTENDED.

NOW, WHILE MOST OF NORTH COUNTY IS AFFECTED IN VARIOUS WAYS, POSITIVE AND SOMETIMES NEGATIVE BY THE AIRPORT, IT IS THE RESIDENTS OF CARLSBAD BAD WHO BEAR THE BRUNT OF ITS ADVERSE ENVIRONMENTAL EFFECTS.

OKAY, SO IT'S FAR BETTER THAT CARLSBAD HAVE CONTROL OVER LAND USE AND THE AIRPORT BOUNDARIES AND KEEP THE B-2 ENHANCED DESIGNATION AND HAVE A ROLE IN ALL OF THIS AND NOT JUST LEAVE IT UP TO THE COUNTY.

SO THANK YOU ALL SO MUCH FOR STEPPING UP TONIGHT AND APPROVING THIS WONDERFUL BODY OF WORK.

THANKS. THERE ARE NO ADDITIONAL SPEAKERS.

OKAY, I'M CLOSING THE PUBLIC HEARING.

DO WE HAVE QUESTIONS FROM COUNCIL? COMMENTS FROM COUNCIL.

MS. ACOSTA. GREAT.

THANK YOU SO MUCH TO OUR STAFF.

IT'S CLEARLY A LOT OF WORK THAT HAS GONE INTO THAT AND TO ALL OF THE TEAM THAT MADE THIS HAPPEN, I KNOW THAT THE COMMUNITY AND ALL THE SPEAKERS HERE TONIGHT SHOWED US THEY'RE VERY INTERESTED IN HAVING CLARITY AROUND THE LANGUAGE AND ASSERTING OUR RIGHTS AS A CITY ON BEHALF OF OUR NEIGHBORS, WHILE ALSO USING COLLABORATIVE LANGUAGE.

WE UNDERSTAND THAT THERE ARE RIGHTS OF THE COUNTY AND RIGHTS OF THE FAA, BUT WE ALSO HAVE RIGHTS.

SO I REALLY APPRECIATE THE LANGUAGE, HOW IT WAS ALL PUT TOGETHER, AND I'M HAPPY TO SUPPORT THIS.

ANY OTHER COMMENTS? MISS BURKHOLDER? THANK YOU. I JUST WANTED TO SAY THANK YOU TO THE CITIZENS WHO ARE ACTIVE ON THIS.

IT'S BEEN A LONG ROAD.

HOPEFULLY YOU CAN DEVOTE SOME MORE OF YOUR TIME TO SOMETHING ELSE NOW.

THE LEGISLATIVE SUBCOMMITTEE DEFINITELY SUPPORTS LOCAL CONTROL, SO IF YOU'RE EVER BORED, PLEASE COME TO THE LEGISLATIVE SUBCOMMITTEE MEETINGS.

YOU CAN FIND ANY KIND OF ASSIGNMENT THAT YOU'D LIKE TO TAKE UP THERE, AND WE WOULD LOVE TO HAVE YOU.

BUT IN ALL SERIOUSNESS, MR. STRONG, THANK YOU SO MUCH FOR YOUR WORK ON THIS.

IT IS VERY EVIDENT FROM EVERYONE THAT REACHED OUT.

THEY'VE REALLY COMPLIMENTED YOU THOROUGHLY.

SO THANK YOU VERY MUCH.

MISS BHAT-PATEL.

YES. THANK YOU.

AND THANK YOU SO MUCH FOR THE PRESENTATION.

THANK YOU TO ALL THE SPEAKERS.

I KNOW THIS IS LIKE YOU MENTIONED.

IT'S BEEN A LONG ROAD AND I'VE BEEN PART OF THAT ROAD FOR A LITTLE BIT AS WELL.

AND HAVE TO SAY, I REALLY APPRECIATE ALL THE WORK THAT'S BEEN DONE IN COLLABORATION WITH OUR TEAM AND ESPECIALLY MR. STRONG. MR. HABER, I KNOW, AND OF COURSE MISS FROST AS WELL.

SO I JUST WANT TO SAY THANK YOU TO EVERYONE THAT'S BEEN INVOLVED.

IT'S BEEN, I THINK, DEFINITELY A LABOR OF LOVE FROM YOU ALL BECAUSE I KNOW IT'S BEEN A LOT OF VOLUNTEER HOURS FROM THE RESIDENTS.

AND I THINK THAT'S SOMETHING THAT'S AS YOU CAN SEE, THERE'S A UNIFIED VOICE SAYING THAT WE WANT TO PROTECT OUR LOCAL CONTROL OF OUR CITY.

AND I THINK WE'RE REALLY EXCITED TO MOVE FORWARD WITH THIS, HAPPY TO SUPPORT IT, AND HAPPY TO MAKE THE MOTION TO DO SO, MISS LUNA.

SO THIS IS EXCELLENCE IN GOVERNMENT.

THIS IS OUR CITIZENS, OUR STAFF, OUR MAYOR PUT THIS TOGETHER.

WE GOT UP HERE AND THIS IS HOW GOVERNANCE WORKS.

AND IT WORKS EFFECTIVELY FOR THE CITIZENS.

AND I'D LIKE TO COMPLIMENT MY COLLEAGUES UP HERE, THE STAFF AS WELL AS ALL OF YOU OUT THERE.

AND I WOULD LIKE TO SECOND THAT MOTION, UNLESS THE MAYOR WANTS TO ADD MORE COMMENTS, BECAUSE I THINK WE'RE ALL INTIMATELY FAMILIAR WITH THIS.

THANK YOU. AND THIS IS ALL ABOUT LOCAL CONTROL.

THIS IS A TIME WHERE THE STATE IS SLOWLY CHIPPING AWAY AT OUR LOCAL CONTROL.

AND THIS WAS AN OPPORTUNITY TO TO HOLD ON TO SOME OF IT.

AND MIKE STRONG, YOU YOU DESERVE A LOT OF THE COMPLIMENTS.

BUT OUR ATTORNEY ALLEGRA FROST ALSO DID A LOT OF WORK ON THIS.

AND SO TO THE TWO OF YOU, YOU'VE LED YOU LED THE CHARGE AS A COUNCIL.

ALL WE DID WAS SAY, GO, TAKE OVER, GO DO THIS, GET THIS ACCOMPLISHED.

AND YOU DID ALL THE WORK.

AND THEN I'M GUESSING WHEN IT'S ON THE NEWS, WE'RE GOING TO GET CREDIT FOR IT, I LIKE THAT.

[01:10:03]

SO WE HAVE A MOTION AND A SECOND.

PLEASE VOTE. THAT PASSES UNANIMOUSLY IF YOU WANT TO CLAP, CLAP.

WE'RE GOING TO TAKE A TEN MINUTE RECESS.

WE'LL RECONVENE AT 20 AFTER SIX.

ITEM NUMBER TEN, CITY MANAGER, PLEASE.

[10. PUBLIC NUISANCE ABATEMENT HEARING – 2921 ROOSEVELT STREET]

YES. ITEM NUMBER TEN IS A PUBLIC HEARING.

THIS IS A PUBLIC NUISANCE ABATEMENT HEARING.

IT'S FOR 2921 ROOSEVELT.

AND MAKING OUR PRESENTATION TODAY IS OUR ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR MIKE STRONG, AS WELL AS OUR CODE ENFORCEMENT MANAGER, ROBBIE HICKERSON.

GENTLEMEN, THANK YOU AND GOOD EVENING, CITY COUNCIL.

CITY STAFF HAVE BEEN ACTIVELY ADDRESSING PROPERTY AND MAINTENANCE RELATED ISSUES AT A PROPERTY LOCATED AT 2921 ROOSEVELT STREET SINCE AT LEAST 2014. THE PERSISTENT VIOLATIONS INCLUDE FAILURES TO REMOVE JUNK DEBRIS AND BULKY ITEMS STORED IN THE FRONT AND REAR OF THE PROPERTY.

PROPERLY SECURING OR REMOVING SUBSTANDARD BUILDINGS, SOME OF WHICH HAVE BEEN USED AS DWELLING UNITS, AND FIX THE FRONT PORCH AREA OF THE MAIN STRUCTURE.

THESE CONTINUING OR RECURRING CONDITIONS ARE SO EXTENSIVE AND OF SUCH NATURE THAT THE BUILDING ENDANGERS LIFE AND SAFETY, AND SHOULD BE DETERMINED TO BE A NUISANCE.

THE PROPERTY OWNER HAS BEEN SERVED WITH ADMINISTRATIVE NOTICES AND CITATIONS AT VARIOUS TIMES SINCE 2014.

IN RESPONSE TO THE VARIOUS COMPLAINTS RECEIVED FROM SURROUNDING PROPERTY OWNERS ABOUT THE PROPERTY.

PREVIOUS VIOLATIONS HAVE BEEN CORRECTED, BUT THEN SUBSEQUENT COMPLAINTS WERE RECEIVED AND THE VIOLATIONS REOCCURRED.

THIS IS A IMAGE FROM THE FIRST OR MOST RECENT CODE COMPLAINT WHEN IT WAS OPENED ON AUGUST 16TH OF THIS YEAR.

THE CITY'S EFFORTS TO OBTAIN COMPLIANCE THROUGH THE VARIOUS ADMINISTRATIVE REMEDIES HAVE BEEN PROVEN TO BE UNSUCCESSFUL.

POLICE OFFICERS HAVE ALSO PATROLLED AND BEEN CALLED OUT TO THE PROPERTY OVER THE YEARS DUE TO REPEATED CALLS FROM BOTH THE PROPERTY OWNER AND FROM NEIGHBORING PROPERTIES REGARDING HOMELESS ENCAMPMENTS ON THE PROPERTY.

TRESPASSING AND OTHER BREAK INS AND SUSPICIOUS ILLEGAL ACTIVITY, AND FOR EXAMPLE, ON AT LEAST 39 SEPARATE OCCASIONS OVER A TWO YEAR PERIOD FROM DECEMBER OF 2022 TO OCTOBER OF THIS YEAR.

THE POLICE WERE PATROLLED OR DISPATCHED TO THE AREA AND FOUND PEOPLE ON ON THE PREMISES.

THE CONDITIONS ARE IN VIOLATION OF STATE LAWS AND THE MUNICIPAL CODE.

THE CALIFORNIA HEALTH AND SAFETY CODE, SECTION 79203, AND THEN SUBDIVISIONS A 14, THREE C, THREE H, AND THREE N.

ALL THOSE RELATE TO THE SUBSTANDARD STRUCTURE ON THE PROPERTY BEING USED FOR EITHER LIVING, SLEEPING, OR COOKING IN SUCH A CONDITION THAT MAY CAUSE A FIRE OR EXPLOSION.

ANY OTHER NUISANCE AND GENERAL DILAPIDATION AND PROPER MAINTENANCE.

THERE IS ALSO VIOLATIONS AGAINST MUNICIPAL CODE SECTIONS FOR JUNK AND DEBRIS.

AND ALSO IN CHAPTER 608, WHICH IS THE UNLAWFUL PLACEMENT OF SOLID WASTE.

THIS IS A MORE RECENT IMAGE TAKEN ON OCTOBER 21ST ON ONE OF THE INSPECTIONS, SHOWING THE PERSISTENT NATURE OF THE VIOLATION.

AGAIN, ON THE SAME INSPECTION INSIDE THE TARPED AREA.

THE EXHIBIT TWO TO THE STAFF REPORT INCLUDES AN EXPANDED TIMELINE OF ALL THE ENFORCEMENT ACTIVITIES ON THE CASE, STRETCHING ALL THE WAY BACK FROM 2014.

THE MOST RECENT CASE STARTING OF THIS YEAR RESULTED IN A RED TAG THAT WAS POSTED ON THE PROPERTY ON AUGUST 16TH.

THE NOTICED ORDER WAS RECORDED ON OCTOBER 21ST.

ON OCTOBER 28TH AND NOVEMBER 4TH, THERE WAS THE CITY SERVED NOTICE OF THIS HEARING TO ALL INTERESTED PARTIES.

NONE OF THE NOTICES OR ORDERS HAD BEEN APPEALED BY THE RESPONSIBLE PARTY, IN THIS CASE THE PROPERTY OWNER.

THE PROPERTY OWNER HAS A HISTORY OF ALTERING STRUCTURES WITHOUT OBTAINING APPROPRIATE PERMITS AND INSPECTION, RESULTING IN BUILDING FIRE AND OTHER UNIFORM CODE VIOLATIONS, INCLUDING ELECTRICAL WORK, PLUMBING AND VENTILATION.

THE REAR OF THE PROPERTY ALSO HAS A HISTORY OF BEING USED FOR HABITATION PURPOSES.

SO THE 31ST TRIES TO ADDRESS THIS THROUGH VOLUNTARY COMPLIANCE THROUGH WRITTEN OR VERBAL WARNINGS.

IF THAT IS UNSUCCESSFUL, THE CITY WILL THEN PURSUE ADMINISTRATIVE REMEDIES SUCH AS ADMINISTRATIVE CITATIONS.

[01:15:03]

HOWEVER, IF THE VIOLATIONS PERSIST AND CAUSE A PUBLIC HEALTH OR SAFETY RISK, THEN AS A LAST RESORT THE CITY COULD PURSUE A PUBLIC NUISANCE ABATEMENT ACTION.

AND THAT IS WHAT THE CITY IS RECOMMENDING THROUGH THIS AGENDA ITEM, BECAUSE THE PROPERTY OWNER'S EFFORTS TO BRING THE PROPERTY INTO COMPLIANCE HAVE BEEN ADEQUATE AND CODE VIOLATIONS CONTINUE TO OCCUR, OR NEW VIOLATIONS HAVE SURFACED AND THE CITY STAFF CONTINUE TO RECEIVE COMPLAINTS.

THE CARLSBAD MUNICIPAL CODE, SECTION 616 ESTABLISHES A PROCEDURES TO CONSIDER A PUBLIC NUISANCE AND WHAT FINDINGS NEED TO BE MADE BY THE CITY COUNCIL AS THE DECISION MAKER AND THE CITY COUNCIL WILL PRESIDE OVER THAT PUBLIC NUISANCE HEARING IF ABATEMENT IS FOUND TO BE APPROPRIATE.

THE CITY COUNCIL ISSUES AN ABATEMENT ORDER IF THE PROPERTY OWNER FAILS TO ABATE THE NUISANCE WITHIN A 30 DAY TIME FRAME SPECIFIED IN THE ABATEMENT ORDER, THEN THE CITY MAY PROCEED AND TAKE ACTION, AND THIS IS AN IMPORTANT STEP THAT NEEDS TO BE EMPHASIZED.

THIS IS A LAST EFFORT OF THE CITY TO PUT THE PROPERTY ON NOTICE TO CORRECT THE ACTION, SO THERE IS STILL AN OPPORTUNITY FOR THE PROPERTY OWNER TO COMPLY AND ABATE THE CODE ON THEIR OWN TERMS. IF ABATEMENT IS COMMENCED BY THE CITY, ABATEMENT WOULD INCLUDE REMOVING THE JUNK AND DEBRIS, REPAIRING ALL WOOD AND RAILINGS ON THE FRONT PORCH TO ORIGINAL CONDITION, REMOVING WASTE IN THE EXTERIOR OF THE PROPERTY ENSURING THAT THE STRUCTURES HAVE SECURED MECHANISMS TO BE LOCKED AND TO PREVENT TRESPASSING OR ILLEGAL ENTRY, AND REPLACING THE TEMPORARY GLASS SHEET THAT WAS SCREWED ON THE BROKEN SKYLIGHT.

THERE IS A PROCESS THAT THE CITY CAN UTILIZE TO RECOVER THOSE COSTS.

THE FIRST STEP IS TO PUT TOGETHER A COST ABATEMENT REPORT, WHICH WILL THEN BE TRANSMITTED TO THE RESPONSIBLE PARTY.

IF THE COST REPORT IS NOT CHALLENGED OR THE CITY PREVAILS AT A COST REPORT HEARING, THE PROPERTY OWNER MUST PAY THOSE COSTS FOR ABATEMENT.

SO IT'S ESTIMATED THAT THE TOTAL COST TO ABATE THIS PARTICULAR PROPERTY WOULD BE RANGE BETWEEN 5000 AND $10,000, AND AS PROPOSED THROUGH THE RESOLUTION, IT WOULD BE COST RECOVERED THROUGH POTENTIAL MEANS, INCLUDING A SEMIANNUAL INSTALLMENT ON THE PROPERTY TAX.

THAT CONCLUDES STAFF'S REPORT.

WE ARE RECOMMENDING ADOPTION OF THE RESOLUTION TO MEET THE FINDINGS FOR THE PUBLIC NUISANCE, AND TO ORDER ABATEMENT WITHIN 30 DAYS OR AFTER 30 DAYS.

WE DO WANT TO DISCLOSE THAT WE DID CONDUCT A INSPECTION OF THE PROPERTY TODAY, THIS AFTERNOON, JUST TO ENSURE THAT THERE WASN'T SUBSTANTIAL PROGRESS MADE AND IN REMOVING OR ABATING THE CONDITIONS ON THE PROPERTY AND THE NUISANCES STILL EXIST ON THE PROPERTY, BUT AGAIN EMPHASIZING THAT IF COUNCIL TAKES ACTION THIS EVENING TO APPROVE THE RESOLUTION, THE PROPERTY OWNER STILL HAS 30 DAYS BEFORE THE CITY INTERVENES.

THAT CONCLUDES STAFF'S PRESENTATION AND COUNCIL.

I DO WANT TO PLACE A CORRECTION.

SO YOU'LL NOTICE UP ON ITEM TEN IT SAYS ROOSEVELT STREET.

BUT THEN IN THE ACTUAL RECOMMENDED ACTION IT SAYS 2726 WILSON.

AGAIN THAT'S THE NEXT ITEM.

THE RECOMMENDATION IS STILL THE SAME.

IT'S JUST WE WOULD ASK THAT IF COUNCIL WOULD GO AHEAD AND INSERT INTO TWO NINE, TWO ONE ROOSEVELT STREET.

THAT'S THE ITEM WE'RE TALKING ABOUT, OPENING PUBLIC HEARINGS.

PLEASE CALL SPEAKERS SAM KELSALL.

BEFORE I BEGIN, I'M ATTORNEY SAM KELSALL.

I ALSO REPRESENT CODY KELSALL AND I'M ASKING FOR HIS TIME.

I'D LIKE A RULING ON THAT FROM THE.

YOU CAN ONLY YOU CAN'T ABSORB SOMEBODY ELSE'S TIME.

YOU COULD JUST HAVE YOUR OWN TIME.

AND PLEASE USE THE MICROPHONE.

THANK YOU FOR THE RULING.

MY NAME IS ATTORNEY SAM KELSO, THE FIFTH OF KELSO, WALLACH AND SIRHAN.

WITH RESPECT TO THIS PROPERTY.

YOU'VE HEARD MANY THINGS THAT ARE ACTUALLY UNTRUE.

THIS PROPERTY, THE ONE THAT BOTHERED ME MOST, WAS THE STATEMENT THAT THEY SAID THEY WENT AND INSPECTED TODAY BECAUSE THERE WAS SUBSTANTIAL PROGRESS MADE ON THIS PAST SUNDAY. SO THAT STATEMENT IS NOT TRUE.

ALSO, WITH RESPECT TO WHAT YOU SAW IN THE PICTURES THE TENT AT 2921, ROOSEVELT WAS LAWFULLY INSTALLED AND INSPECTED BY THE CITY OF CARLSBAD. THE CITY ADOPTED THE STATE FIRE CODE SECTION 13 OR 3103, WHICH THE LAWS RELATED TO THE TENT AND THE CITY OF CARLSBAD. IMPORTANTLY 313.02 ONLY REQUIRES A PERMIT IF A TENT IS 400FT², THIS TENT IS 20 BY 20. IT WAS LAWFULLY CONSTRUCTED.

THERE IS NO HEATING, COOKING, OR FLAMMABLE MATERIALS LOCATED THERE.

SO LET'S GO BACK.

THERE ARE SUBSTANTIAL TAKINGS THAT ARE OCCURRING IN THE CITY OF CARLSBAD.

THE TAKINGS INCLUDE NUMBER ONE.

THE CITY PROMISED WHEN THE PROPERTY WAS ORIGINALLY INSTALLED THAT THEY WOULD REIMBURSE THE COST OF THE PARKING LOT.

[01:20:07]

THE CITY BROKE ITS PROMISE.

WHEN IT COMES TO THAT. THAT WAS TAKING NUMBER ONE.

TAKING NUMBER TWO HAPPENS EVERY YEAR AT THIS PROPERTY.

IT'S CALLED THE CARLSBAD STREET FAIR.

AND WHAT HAPPENS THERE IS, IF YOU NOTICE HOW THE CARLSBAD STREET FAIR IS LAID OUT.

THE BUSINESSES DON'T GET TO BE IN THE FAIR.

THEY'RE ALL BLOCKED. THAT'S TAKING NUMBER TWO WITH RESPECT TO THE ALLEGATIONS THAT WERE MADE.

I TRIED TO GO THROUGH THEM QUICKLY AS THEY WERE WRITTEN DOWN.

FIRST OF ALL, THE PROPERTY HAS COOPERATED IMMENSELY WITH RESPECT TO EVERY VIOLATION.

WHAT IS HAPPENING AT THIS PROPERTY IS THERE'S TRESPASSERS AND THE CITY DOESN'T DEAL WITH THE TRESPASSERS THE WAY THEY SHOULD.

TWICE THE PROPERTY HAS BEEN BROKEN INTO AND THEY'RE CAUGHT RED HANDED, AND THE CITY TAKES NO ACTION AND IT FAILS TO COMPLY WITH CALIFORNIA PENAL CODE SECTION 602.

THAT MAKES IT ILLEGAL TO ENTER SOMEONE'S PROPERTY.

THAT'S WHAT'S HAPPENING.

PEOPLE ARE BREAKING INTO THE PROPERTY, AND THEN THE PROPERTY OWNER IS REPAIRING THE PROPERTY.

AND THAT'S BEEN DONE WITH RESPECT TO THE PRAYERS PROGRESS THAT'S BEEN MADE.

THERE WAS DAMAGE TO THE RAMP AND THAT HAS BEEN REPAIRED.

THE BUILDINGS WERE BROKEN INTO.

THEY ACTUALLY CUT A HOLE.

TRESPASSERS ACTUALLY CUT A HOLE INTO THE BUILDING AND THEN THAT WAS REPAIRED.

THEY BREAK INTO THE BUILDING AND THEN THE POLICE CATCH THEM.

AND THE POLICE DON'T DO ANYTHING ABOUT IT.

THAT'S A VIOLATION OF LIFE, LIBERTY AND PROPERTY.

THIS IS A CONSTITUTIONAL CASE.

I FILED A CONSTITUTIONAL CASE PREVIOUSLY IN 1919 OR IN 2019, AND THAT'S WHERE WE'RE HEADED.

BUT THE PROPERTY OWNER.

IS CODY KELSALL WISHING TO SPEAK OR NOT? JOYCE WEISS.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

JOYCE WEISS.

I'VE LIVED IN CARLSBAD SINCE 1980.

21 YEARS AGO, I OPENED A BUSINESS NEXT DOOR TO THE PROPERTY THAT WE'RE DISCUSSING AT MY BUSINESS IS AT 2933 ROOSEVELT STREET.

IT'S A SALON IN AN ART GALLERY.

WE'VE HAD CONSTANT PROBLEMS WITH THE ADJOINING PROPERTY, WITH ALL KINDS OF JUNK, HOMELESS PEOPLE LIVING BACK THERE.

FIRES. A TREE WENT UP ON FIRE.

WE'VE CALLED CODE COMPLIANCE POLICE.

VARIOUS DEPARTMENTS OF THE CITY HAVE COME OUT OVER THE YEARS.

IT'S A CONSTANT PROBLEM.

YESTERDAY, ADDITIONAL TRAILER OF JUNK WAS PARKED OUT THERE.

SO IT HASN'T BEEN CLEANED UP AT ALL? THE MOST RECENT PROBLEM IS RATS UNDER THE TARPS.

THERE IS A COMMUNITY OF RATS.

AND EVEN IF I KEEP MY PROPERTY CLEAN, THE RATS HAVE MADE THEIR WAY IN.

AND THEY ATE THE PLUMBING ONE BY ONE ON SHAMPOO BOWL NUMBER ONE.

NUMBER TWO.

SHAMPOO BOWL NUMBER THREE.

SHAMPOO BOWL NUMBER FOUR.

THE WASHING MACHINE.

THEY'RE EATING THE DRAINAGE HOSES, AND EACH TIME IT CAUSES A FLOOD AND THE PLUMBER HAS TO COME BACK OUT.

AND I HAVE SPENT $3,000 IN PLUMBING IN THE LAST SEVERAL WEEKS.

AND THESE RATS ARE COMING FROM ALL THIS JUNK THAT IS UNDER A TARP THAT IS RIGHT ADJACENT TO MY BUILDING.

AND IT'S A TERRIBLE NUISANCE TO ME AND MY NEIGHBOR HALEY, WHO OWNS DOUBLE TAKE.

SHE'S HERE ALSO, BUT SHE'S A LITTLE SHY.

BUT WE ARE ON ALWAYS CALLING THE POLICE OR HOMELESS OR SOME SOMEBODY TO HELP US COME OUT.

AND THE PEOPLE THAT HANG OUT BACK THERE, THEY DO SCARE SOME OF THE STYLISTS WHEN THEY'RE GOING OUT INTO THE PARKING LOT AND GETTING IN THEIR CARS, AND THE PROPERTY IS TOTALLY NEGLECTED. IT'S A PIECE OF JUNK.

IT'S ABANDONED. NOBODY LIVES THERE.

NOBODY WORKS THERE.

AND THERE ARE JUST RATS EVERYWHERE, AND SOMETHING HAS TO BE DONE.

I'M TIRED OF CALLING.

I'M TIRED OF ALL THE MONEY I'VE HAD TO SPEND.

I'VE HAD TO HIRE A RODENT CONTROL COMPANY TO COME IN, AND THEY'VE SET TRAPS, AND IT'S REALLY DISGUSTING.

AND IT'S. IT'S REALLY HARD TO RUN A BUSINESS WITH ALL THIS JUNK PILED NEXT DOOR.

AND HE'S A TOTAL IRRESPONSIBLE LANDOWNER.

HE'S THE OWNER, THE GUY THAT JUST GOT UP AND SPOKE AND HE DOESN'T TAKE CARE OF HIS PROPERTY.

AND I HOPE THE CITY CAN.

NOW, FINALLY, I'VE BEEN THERE 21 YEARS, AND I'VE NEVER HAD A RAT OR A MOUSE UNTIL NOW.

[01:25:02]

AND I'D LIKE SOMETHING TO BE DONE ABOUT THIS HORRIBLE SITUATION OVER THERE.

THANK YOU VERY MUCH FOR YOUR ATTENTION.

I HOPE YOU'LL TAKE SOME ACTION THIS EVENING ON THIS.

THERE ARE NO MORE SPEAKERS.

QUESTIONS FROM COUNCIL.

MAYOR, CAN YOU CLOSE THE PUBLIC HEARING? CLOSING THE PUBLIC HEARING. THANK YOU FOR THE REMINDER.

QUESTIONS FROM COUNCIL.

MISS BURKHOLDER. THANK YOU.

THANK YOU, MR. STRONG TOO FOR THIS REPORT.

SO, THIS IS I THINK YOU MENTIONED 50.

I'M SORRY, I DON'T REMEMBER THE NUMBER ON THE SLIDE, BUT THE NUMBER OF CONTACTS THAT YOU'VE HAD AT THIS LOCATION FOR CODE ENFORCEMENT.

YES. OVER THE LAST DECADE OR SO, THERE'S BEEN CLOSE TO 70 INSPECTIONS AND 50 CITATIONS ISSUED ON THE PROPERTY.

MOST RECENTLY, SINCE AUGUST 16TH, THERE HAS BEEN SIX CITATIONS ISSUED AND 7 OR 8 INSPECTIONS.

AND IS SOMEONE LIVING THERE? THIS THE SPEAKER CLAIMED NO ONE LIVES THERE.

SO IS SOMEONE LIVING THERE? BASED ON THE PHOTOGRAPHIC EVIDENCE THAT WAS OBTAINED, IT APPEARS THAT SOMEONE'S USING IT FOR PURPOSES OF DWELLING.

BUT THERE WAS NEVER A PERSON OBSERVED BY CODE ENFORCEMENT STAFF ON THE PROPERTY.

THE POLICE HAVE BEEN DISPATCHED NUMEROUS TIMES, AND I DID REFERENCE ONE DATA SET OF THE LAST TWO YEARS, 39 TIMES OVER THE LAST TWO YEARS, AND THEY HAVE OBSERVED TRESPASSERS ON THE PROPERTY. OKAY, SO WE'RE CONSIDERING I WOULD CONSIDER THAT MYSELF, LIKE A VACANT LOT WITH PEOPLE THERE THAT AREN'T SUPPOSED TO BE THERE, ESSENTIALLY.

OKAY. AND THEN THIS IS GOING TO BE 30 DAYS TO COME INTO COMPLETE COMPLIANCE.

IS THAT WHAT I'M HEARING YOU SAY? THAT'S CORRECT. AND THE RESOLUTION ORDER ESSENTIALLY IDENTIFIES WHAT REMEDIES NEED TO BE OBSERVED AT THE END OF THAT 30 DAYS IN ORDER FOR THE CITY TO CLOSE THE CASE.

OKAY. AND HAS THERE BEEN ANY PUSHBACK FROM COMING INTO COMPLIANCE AT THIS POINT THAT YOU COULD POINT TO? LIKE, FOR EXAMPLE, ARE THERE CITY SERVICES THAT WE MIGHT OFFER TO HELP BRING ALONG THIS PROJECT? SO IT IS COMING INTO COMPLIANCE.

THERE'S NO CITY SERVICES TO HELP THE PROPERTY OWNER GAIN COMPLIANCE.

OKAY. SO THEY JUST NEED TO CLEAN OUT EVERYTHING.

GET IT SQUARED AWAY.

CORRECT. OKAY.

AND THEN THE PROPERTY TAXES WILL BE ASSESSED AT THAT, BETWEEN THAT FIVE AND $10,000 LEVEL OVER THE NEXT FEW YEARS OR SOMETHING LIKE THAT.

SO WHAT HAPPENS WITH THE ABATEMENT PROCESS IS ONCE THE COSTS ARE INCURRED BY THE CITY TO ABATE OR REMEDY THE VIOLATION, THERE IS A COST REPORT THAT IS PREPARED THAT IS SHARED WITH THE PROPERTY OWNER OR RESPONSIBLE PARTY.

THEY HAVE THE RIGHT TO PROTEST THAT COST, IN WHICH CASE THE CITY COUNCIL WOULD RECEIVE THE COST ABATEMENT REPORT AND HEAR FROM THE AFFECTED PARTY.

IN THE EVENT THAT THE PARTY DOES NOT APPEAL THAT COST OR THE CITY COUNCIL DOES NOT OVERTURN THAT COST, THEN THAT WOULD BE EITHER COLLECTED THROUGH SEVERAL DIFFERENT MEANS.

THE PROBABLY THE MOST EFFICIENT WAY IS TO GO THROUGH THE SPECIAL ASSESSMENT, BUT THERE COULD ALSO BE A LIEN ON THE PROPERTY, OR THE CITY COULD PURSUE COURT AS COLLECTION. BUT IF IT IS A SPECIAL ASSESSMENT, IT WOULD BE AN SAME AS AN AD VALOREM TAX ON YOUR SPECIAL TAX ROLLS, ASSESSMENT ROLLS, AND THAT WOULD BE COLLECTED OVER A ONE YEAR TERM.

SO IN TWO EQUAL INSTALLMENTS.

OKAY. AND THEN FINALLY IT SOUNDS LIKE THAT THERE WOULDN'T BE ANYONE DISPLACED FROM THIS LOCATION IF IT IS CONSIDERED ABATED IF WE GO THAT ROUTE.

IT IS BELIEVED THAT NO ONE WOULD BE DISPLACED.

HOWEVER, WE CAN COORDINATE THAT EFFORT WITH HOUSING AND HOMELESS SERVICES TO MAKE SURE THAT PROPER CARE IS GIVEN TO THOSE THAT NEED IT.

IN MY COMMENTS, THAT WAS WHAT I WAS GOING TO ASK.

SO THANK YOU SO MUCH, I APPRECIATE THAT.

NO MORE QUESTIONS.

ANY OTHER QUESTIONS? ONE OF THE THINGS THAT THE FIRST SPEAKER TALKED ABOUT WAS THE TAKING.

WHEN THERE'S A STREET FAIR, THEY CAN'T DO BUSINESS.

NOW I'M HEARING THAT IT'S AN ABANDONED BUILDING.

IS THERE A BUSINESS BEING CONDUCTED THERE? THERE IS A BUSINESS LICENSE ISSUED TO THE PROPERTY, SO IT'S PRESUMED THERE IS ONGOING BUSINESS ACTIVITY SO THAT THERE IS NO VACANT BUILDING OR STRUCTURE ON THE PROPERTY.

WHAT IS CONTESTED THROUGH THIS ABATEMENT PROCEEDING IS THE DETACHED SHED OR STRUCTURES IN THE REAR OF THE PROPERTY.

THOSE ARE INTENDED TO BE VACANT AND USED FOR STORAGE, BUT HAVE BEEN USED FOR OTHER PURPOSES AND WHICH IS SUBJECT TO THIS PROCEEDING.

THANK YOU FOR CLARIFYING THAT FOR ME.

IN THE PICTURE THAT YOU PUT UP, IT LOOKED LIKE A TARP, BUT THE SPEAKER REFERRED TO IT AS A LEGAL TENT.

HELP ME DISTINGUISH BETWEEN THE TWO.

[01:30:01]

MY UNDERSTANDING AND PERHAPS ROBBIE CAN CORRECT ME, BUT MY UNDERSTANDING IT'S THE SHED IN STRUCTURE THAT'S BEEN PERMITTED AND NOT THE TENT WHICH YOU SEE HERE WITH THE CANOPY AND MULTIPLE TARPS LAYERED ACROSS IT.

OKAY. THANK YOU VERY MUCH.

COMMENTS. I'LL MAKE THE COMMENT THEN.

I CAN'T BELIEVE IT TOOK TEN YEARS.

I'M GLAD THIS ISN'T MY NEIGHBOR AND I'M GOING TO VOTE IN FAVOR OF THE ABATEMENT.

I JUST HAVE A QUICK COMMENT TO SAY THANK YOU FOR THAT.

AND YOU KNOW, THESE ARE THESE ARE KIND OF TRICKY CASES IN MY OPINION, BECAUSE THE LAST THING WE WANT TO DO IS PUT SOMEONE OUT THAT DOESN'T HAVE ANOTHER PLACE TO GO OUT OF SHELTER, OR THAT'S WHY I ASKED ABOUT ANY SORT OF HOUSING SERVICES OR ANYTHING THAT WE COULD PROVIDE AS A CITY, BECAUSE I KNOW WE DO STRIVE TO HELP THOSE FOLKS WHO NEED THE HELP. SO IT'S UNFORTUNATE WHEN THESE COME BEFORE US.

BUT I APPRECIATE THE REPORT AND THE SPEAKERS TONIGHT.

THANK YOU. JUST WANT TO MAKE SURE THERE WAS A SECOND ON THAT SINCE WE HAD A MOTION.

MOTION SECOND AND DISCUSSION.

OKAY. THANKS. OKAY. SO SECOND, MISS BHAT-PATEL, DID YOU HAVE A COMMENT? YEAH. I JUST I ALSO WANT TO SAY THANK YOU FOR BRINGING THIS FORWARD AND I'M LOOKING FORWARD TO SUPPORTING IT.

I DO KNOW PERSONALLY WHEN WE DID THE POINT IN TIME COUNT THAT I ALSO ENCOUNTERED FOLKS LIVING IN THAT SPACE.

SO LOOK FORWARD TO SEEING, YOU KNOW, OBVIOUSLY MAKING SURE THAT WE'RE CONNECTING WITH FOLKS, MAKING THEM CONNECTED TO RESOURCES IF THAT IS HAPPENING.

SO, OKAY, PLEASE HELP ME.

WHO MADE THE MOTION? WHO MADE THE SECOND? I MADE THE MOTION? OKAY.

THANK YOU. PLEASE VOTE FOR 2921 ROOSEVELT.

RIGHT, MR. MAYOR? PLEASE VOTE. IT PASSES UNANIMOUSLY.

ITEM NUMBER 11.

[11. PUBLIC NUISANCE ABATEMENT HEARING – 2726 WILSON STREET]

YES. ITEM NUMBER 11 IS A PUBLIC NUISANCE ABATEMENT HEARING FOR 2726 WILSON STREET.

MAKING A PRESENTATION TODAY IS STILL OUR ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR, MIKE STRONG.

AND STILL CODE ENFORCEMENT MANAGER ROBBIE HICKERSON WITH AN AMAZING COWBOY HAT.

THANK YOU. AND GOOD EVENING, CITY COUNCIL.

CITY STAFF HAVE BEEN ACTIVELY ADDRESSING PROPERTY MAINTENANCE ISSUES DEEMED TO BE A PUBLIC NUISANCE ON THE RESIDENTIAL PROPERTY LOCATED AT 2726 WILSON STREET SINCE EARLY 2023.

VIOLATIONS INCLUDE DEBRIS OF FALLEN TREE.

REHABILITATE OR REPLACE A GARAGE CRUSHED BY A TREE.

REMOVE TRASH AND DEBRIS AND REMOVE MATERIALS STORED IN THE FRONT YARD AND THEN, OVER THE COURSE OF THE DURATION OF THE INVESTIGATION, THERE WAS THE OBSERVATION OF INOPERABLE VEHICLES ALSO STORED IN THE FRONT YARD.

THIS IS THE CONDITION THAT WAS OBSERVED WHEN STAFF FIRST VISITED THE PROPERTY IN FEBRUARY 21ST OF 2023.

STAFF HAVE INSPECTED THE PROPERTY 18 TIMES OVER THE LAST 23 MONTHS.

WORKING WITH THE DELICATE NATURE AND SENSITIVITY OF THE INCIDENT THAT CRUSHED THE GARAGE AND 77 CITATIONS, CITATIONS HAVE BEEN ISSUED DURING THAT TIME.

THE VIOLATIONS INCLUDE TWO SECTIONS RELATED TO JUNK.

MUNICIPAL CODE SECTION 612020 AND 040, AND THAT'S FOR ACCUMULATION DEEMED A NUISANCE AND REGULATIONS FOR ACCUMULATION OF JUNK.

JUNK ITSELF IS DEFINED IN CHAPTER 612010.

NONE OF THE CITATIONS WERE APPEALED BY THE RESPONSIBLE PARTY, AND THESE NEXT SERIES OF IMAGES WILL SHOW THE PROGRESSION OF THE PROPERTIES CHANGE OVER THE LAST SEVERAL MONTHS.

SO THIS IMAGE IS TAKEN FROM JULY 30TH.

THIS IS SEPTEMBER 12TH.

AND THE FULL TIMELINE OF THE CODE ENFORCEMENT CASE IS PROVIDED AS AN EXHIBIT NUMBER TWO TO THE STAFF REPORT.

THE PROPERTY OWNER WAS PROVIDED INFORMATION ABOUT THE MINOR HOME REPAIR PROGRAM EARLIER THIS YEAR.

THERE HAS BEEN NO EFFORT TO ENROLL INTO THAT PROGRAM.

AND THEN MOST RECENTLY, THE.

ON OCTOBER 21ST, THE PROPERTY OWNER CONTACTED THE CITY AND INDICATED THAT THE RESPONSIBLE PARTY WAS IN A POSITION TO CORRECT THE VIOLATIONS AND CODE ENFORCEMENT VERBALLY ADVISED OF THE UPCOMING NUISANCE ABATEMENT HEARING AND THE TIME TO CORRECT THAT NEXT DAY.

BECAUSE OF THE TIMELINE OF THINGS ALREADY IN PREPARATION, THE CITY DID SERVE NOTICE OF THE HEARING TO ALL INTERESTED PARTIES AND THEN SERVED NOTICE AGAIN ON NOVEMBER 4TH.

AND STILL TO THIS DATE, NO CORRECTIVE ACTION HAS BEEN MADE.

SIMILAR TO THE PREVIOUS AGENDA ITEM, THE NUISANCE IS DEFINED UNDER THE MUNICIPAL CODE.

CITY CODE ENFORCEMENT STAFF TAKES INTO ACCOUNT THE UNIQUE NATURE OF THE DIFFERENT CHALLENGES OF THE VIOLATORS, AND PROVIDES SUFFICIENT TIME TO CORRECT THOSE VIOLATIONS IF THE VIOLATIONS PERSIST BEYOND A REASONABLE TIME AND THEY CAN CAUSE OR MAY CAUSE PUBLIC HEALTH AND SAFETY RISKS, THE CITY WILL, AND ONLY AS A LAST RESORT,

[01:35:06]

PURSUE A PUBLIC NUISANCE ABATEMENT ACTION.

THOSE PROCEDURES ARE STIPULATED BY OUR MUNICIPAL CODE, AND CITY COUNCIL PRESIDES AS THE DECISION MAKING BODY FOR DECLARING A PUBLIC NUISANCE ON PROPERTY AND TO PURSUE ABATEMENT.

IF CITY COUNCIL DECIDES TO DETERMINE IT AS A NUISANCE CONDITION, IT ORDERS AN ABATEMENT ORDER.

THE PROPERTY OWNER WILL HAVE THE 30 DAYS TO REMEDY THE ABATEMENT, AT WHICH POINT THE CITY MAY PROCEED WITH ABATING THE NUISANCE FOR THIS PROPERTY.

IT'S ESTIMATED THAT THE COST WOULD BE BETWEEN 15,000 AND $25,000 TO DO THE RESTORATIVE WORK.

THE ASSOCIATED CHARGE COULD BE APPLIED ON THE SEMIANNUAL INSTALLMENTS ON THE TAX BILL.

THAT CONCLUDES STAFF'S PRESENTATION.

STAFF'S RECOMMENDATION IS TO ADOPT THE RESOLUTION, FIND THE CONDITIONS OF THE PROPERTY DO CONSTITUTE A PUBLIC NUISANCE, AND ORDER THE ABATEMENT.

OPENING THE PUBLIC HEARING.

DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS.

CLOSING THE PUBLIC HEARING.

QUESTIONS FROM COUNCIL.

MISS BURKHOLDER? YEAH, BASICALLY, MR. STRONG, THE SAME TYPE OF QUESTIONS.

WHAT TYPE OF.

THIS LOOKS LIKE A RESIDENCE WHERE PEOPLE ACTUALLY LIVE.

DO WE KNOW IF THERE IS THEY'RE GOING TO BE ABLE TO STAY THERE IF THEY WILL CLEAN IT UP.

IN THIS PARTICULAR CASE, THE NUISANCE CONDITIONS DO NOT AFFECT THE PRIMARY DWELLING UNIT, SO THE PROPERTY OWNER WILL BE ABLE TO RESIDE IN THE UNIT DURING THE RESTORATIVE WORK, WHETHER IT BE UNDER THEM PERFORMING THAT THEMSELVES WITHIN THE NEXT 30 DAYS, OR IF THE CITY TAKES THE ACTIVE ROLE IN ABATEMENT.

THANK YOU. NO QUESTIONS.

ANY OTHER QUESTIONS? COMMENTS. I'LL MAKE THE SAME COMMENT.

IT'S UNFORTUNATE THAT THAT TREE FELL, BUT THAT'S NOT THE ONLY ISSUE.

I'M LOOKING AT THAT THINKING I FEEL BAD FOR THE NEIGHBORHOOD.

IT'S JUST SOMETHING I'M GOING TO SUPPORT.

THAT WILL BE MY MOTION.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

NEXT IS ITEM NUMBER 12.

[12. IMPLEMENTATION PROGRAM FOR THE CARLSBAD TOMORROW GROWTH MANAGEMENT CITIZENS COMMITTEE’S RECOMMENDATIONS TO AMEND THE CITY’S GROWTH MANAGEMENT PROGRAM]

CITY MANAGER. ITEM NUMBER 12 IS THE IMPLEMENTATION PROGRAM FOR CARLSBAD TOMORROW.

GROWTH MANAGEMENT CITIZENS COMMITTEE RECOMMENDATIONS TO AMEND THE CITY'S GROWTH MANAGEMENT PROGRAM AND MAKING OUR PRESENTATION TODAY IS OUR CITY PLANNER, ERIC LARDY.

GOOD EVENING, MAYOR AND CITY COUNCIL.

TONIGHT, I'LL BE PROVIDING A STATUS UPDATE ON THE GROWTH MANAGEMENT PROGRAM AND THE NEXT STEPS FOR IMPLEMENTATION.

I WILL START WITH BACKGROUND AND AN OVERVIEW ON THE EXISTING PROGRAM.

THEN I WILL PROVIDE A REFRESHER ON THE CARLSBAD TOMORROW GROWTH MANAGEMENT COMMITTEE RECOMMENDATIONS AND DIRECTION FROM THE CITY COUNCIL IN JULY 2023.

I WILL CONCLUDE WITH THE IMPLEMENTATION PLAN AND BE AVAILABLE FOR QUESTIONS.

THERE ARE TWO PRIMARY OBJECTIVES OF THE EXISTING GROWTH MANAGEMENT PROGRAM.

ONE IS TO ENSURE THAT PUBLIC FACILITIES LIKE ROADS, UTILITIES AND PARKS ARE PROVIDED CONCURRENTLY WITH AND FUNDED BY DEVELOPMENT TO ENSURE ADEQUATE FACILITIES ARE PROVIDED, THE CITY ESTABLISHED STANDARDS FOR 11 PUBLIC FACILITIES.

THE SECOND OBJECTIVE WAS TO LIMIT RESIDENTIAL GROWTH BY SETTING A MAXIMUM NUMBER OF HOUSES THAT CAN BE BUILT IN THE CITY.

IN 1986, CARLSBAD VOTERS PASSED PROPOSITION E, WHICH ESTABLISHED A DWELLING UNIT CAP FOR THE CITY AND FOR EACH QUADRANT.

THIS SLIDE SHOWS THE CITY'S KEY GROWTH MANAGEMENT DOCUMENTS AND HOW THEY RELATE TO THE GENERAL PLAN AND OTHER CITY DOCUMENTS.

THE ORIGINAL GROWTH MANAGEMENT PROGRAM IS IMPLEMENTED BY THE BALLOT PROPOSITION, THE ORDINANCE ADOPTED BY THE CITY COUNCIL, A CITY WIDE FINANCING AND IMPROVEMENT PLAN, AND LOCAL FACILITY MANAGEMENT ZONE PLANS.

THE CITYWIDE FACILITIES IMPROVEMENT PLAN SETS THE STANDARDS FOR THE 11 PUBLIC FACILITIES SHOWN ON THE SCREEN SINCE 1986.

DEVELOPMENT COULD NOT OCCUR UNLESS ADEQUATE PUBLIC FACILITIES WERE PROVIDED CONCURRENT WITH THE DEVELOPMENT.

DUE TO CHANGES IN STATE LAW AND GUIDANCE FROM THE STATE IN 2021, THAT THE GROWTH MANAGEMENT PLAN PROVISIONS FOR UNIT CAPS AND MORATORIUMS WERE UNENFORCEABLE, IT BECAME CLEAR THE CITY NEEDED A DIFFERENT APPROACH.

THE CITY COUNCIL FORMED A COMMITTEE TO STUDY THE GROWTH MANAGEMENT PROGRAM, TO CONSIDER ISSUES AFFECTING FUTURE GROWTH AND QUALITY OF LIFE, AND TO IDENTIFY KEY ELEMENTS OF A NEW PLAN TO MANAGE GROWTH.

THE COMMITTEE MET 15 TIMES IN 2022 AND 2023 TO COME UP WITH RECOMMENDATIONS.

ON APRIL 20TH, 2023, THE COMMITTEE COMPLETED ITS WORK AND APPROVED TWO DOCUMENTS DETAILING ITS RECOMMENDATIONS FOR THE CITY COUNCIL.

THE FIRST IS RECOMMENDATIONS ON THE STANDARDS, THE PRIMARY ITEMS THAT WILL BE IMPLEMENTED IN THIS PROGRAM.

[01:40:07]

AS A RECAP, THE COMMITTEE PROPOSED RETAINING FIVE OF THE STANDARDS MODIFICATIONS TO TWO OF THE STANDARDS, AND TO REMOVE FOUR OF THE STANDARDS.

ADDITIONALLY, OUT OF THE FINAL RECOMMENDATIONS, THE COMMITTEE INCLUDED A NUMBER OF TOPIC AREAS THAT WERE RAISED DURING THE PROCESS, BUT ULTIMATELY DETERMINED TO BE NOT RELATED TO THE GROWTH MANAGEMENT STANDARDS.

THESE COMPONENTS WERE INCLUDED IN THE JULY 2023 ACTION FOR THE CITY COUNCIL TO CONSIDER.

THEY WERE AND ARE AVAILABLE FOR THE COUNCIL TO DIRECT STAFF FOR FURTHER EVALUATION AND TO RETURN WITH EITHER MORE DETAILED OPTIONS OR OPTIONS THAT CAN BE ACTED UPON. IT WAS FROM THIS REPORT THAT THE COUNCIL DIRECTED A CONSIDERATION OF THE BALLOT MEASURE ON PROPOSITION H, WHICH WAS ON THE BALLOT EARLIER THIS MONTH.

THIS IS THE LOCATION WHERE THE COMMITTEE'S RECOMMENDATION RELATED TO OPEN SPACE WERE LOCATED, SUCH AS THE EXPANSION OF THE PARK AND RECREATION COMMISSION.

THAT IS THE BASIS OF MANY PUBLIC COMMENTS RECEIVED, AS THAT WAS NOT DIRECTED FOR CONSIDERATION OR DIRECTLY RELATED TO THE GROWTH MANAGEMENT STANDARDS.

IT IS NOT PART OF THIS PROGRAM.

HOWEVER, THAT IS SOMETHING THE CITY COUNCIL COULD CONSIDER DIRECTING SEPARATELY.

THE CITY COUNCIL DIRECTED THREE ITEMS AT THE JULY 18TH MEETING.

WE WILL NOW BRIEFLY DISCUSS THE STATUS OF EACH ITEM.

THE FIRST IS RETURNING WITH THE PLAN TO IMPLEMENT THE RECOMMENDED STANDARDS.

THIS PRESENTATION INCLUDES THAT PROGRAM.

THIS WILL INCLUDE LOOKING AT ALL OF THE STANDARDS, INCLUDING THE MODIFIED STANDARD FOR OPEN SPACE THAT WAS RECOMMENDED BY A MAJORITY OF THE CARLSBAD TOMORROW COMMITTEE.

THE CIRCULATION STANDARD WORK WILL WAIT UNTIL THE UPDATED GUIDANCE ON IMPLEMENTATION FROM THE DEPARTMENT OF PUBLIC WORKS, WHICH IS EXPECTED TO BE PRESENTED TO THE CITY COUNCIL SEPARATELY. THE COUNCIL INCLUDED DIRECTION RELATED TO AN EVALUATION OF A DISTANCE BASED STANDARD AS PART OF THE PARK AND RECREATION MASTER PLAN UPDATE THAT WAS COMPLETED IN SEPTEMBER 2023, AND THERE WAS NO ADDITIONAL DIRECTION ON THAT ITEM.

AND LASTLY, AS I MENTIONED, THE COUNCIL DIRECTED A REVIEW OF PROPOSITION H, AND THAT WAS CONCLUDED THIS MONTH.

THE REMAINING WORK FOR THE GROWTH MANAGEMENT PLAN IS TO UPDATE THE VARIOUS DOCUMENTS THAT IMPLEMENT IT.

WE HAVE ORGANIZED THIS SET OF WORK INTO FOUR TASKS, WITH A FIFTH TASK INDICATING FUTURE WORK THAT WOULD NEED TO BE DONE NEXT DECADE.

THE FIRST IS TO ISSUE A REQUEST FOR PROPOSALS FOR SUPPORT FOR THE SUBSEQUENT TASKS THAT WOULD BE ISSUED AND, AFTER PROPOSALS ARE EVALUATED, WOULD RETURN TO THE CITY COUNCIL FOR REVIEW OF THE PROPOSAL AND SCOPE OF WORK.

THE SECOND TASK WILL BE A CITY LED EFFORT THAT WILL REVIEW THE CITYWIDE DOCUMENTS THAT IMPLEMENT GROWTH MANAGEMENT, SUCH AS THE CITYWIDE FACILITY IMPROVEMENT PLAN, THE GENERAL PLAN, ZONING ORDINANCE AND CITY COUNCIL POLICY 43.

THIS WOULD TAKE APPROXIMATELY 12 TO 18 MONTHS AND RETURN TO THE CITY COUNCIL AFTER A RECOMMENDATION IS RECEIVED FROM THE PLANNING COMMISSION.

THE THIRD TASK IS TO REVIEW AND UPDATE AS NEEDED THE DEVELOPMENT IMPACT FEES RELATED TO THE IMPLEMENTING DOCUMENTS AND THE NEW STANDARDS.

THIS IS THE FIRST COST.

WE WILL REQUEST CONSULTANT SUPPORT FOR TO PROVIDE TECHNICAL ASSISTANCE, PREPARE NEXUS STUDIES AS NEEDED, AND HELP WORK THROUGH HOW TO STRUCTURE ANY NEW DEVELOPMENT FEES TO BE CONSISTENT WITH STATE LAWS AND WHAT CAN BE CHARGED TO DEVELOPMENT.

AND THE LAST PHASE WOULD BE TO LOOK AT THE LOCAL FACILITY MANAGEMENT ZONES THAT HAD INCREASES IN HOUSING ELEMENT DENSITY APPROVED EARLIER THIS YEAR, AND TO UPDATE THOSE TO IMPLEMENT THE NEW STANDARDS IN ORDER TO WORK ON MULTIPLE PLANS SIMULTANEOUSLY AND SUPPORT OTHER ONGOING EFFORTS TO IMPLEMENT THE HOUSING ELEMENT.

CONSULTANT SUPPORT IS ALSO NECESSARY FOR THESE UPDATES.

THIS OVERALL WORK PROGRAM IS A MULTIYEAR APPROACH THAT WILL MAKE THE GENERAL PLAN CONSISTENT WITH NEW STANDARDS AND THE CITYWIDE FACILITY IMPROVEMENT PLAN.

HOWEVER, WE ALSO WANT TO ACKNOWLEDGE THAT THESE PLANS WILL NEED TO BE LOOKED AT AGAIN DURING THE NEXT HOUSING ELEMENT CYCLE, CURRENTLY ANTICIPATED TO BE DUE IN THE YEAR 2030 2031.

WE DON'T KNOW YET WHAT THE HOUSING ALLOCATION NUMBER WILL BE ASSIGNED TO THE CITY WILL BE, BUT IN PAST EXPERIENCE, THERE WILL BE A NUMBER ASSIGNED THAT WE'LL NEED TO LOOK AT OUR EXISTING CAPACITY AND POTENTIALLY ADD CAPACITY TO THE CITY.

THE RECOMMENDATION IS TO ADOPT A RESOLUTION APPROVING THE IMPLEMENTATION PROGRAM.

THIS CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR QUESTIONS.

DO WE HAVE SPEAKERS? YES. DOLORES WELTY, FOLLOWED BY JAN NEFF.

SINCLAIR. IS IT TIME?

[01:45:01]

OKAY. DOLORES WELTY AGAIN, I GO BACK TO 1986 AND THE GROWTH MANAGEMENT PLAN.

MY FRIENDS WORKED VERY HARD TO PUT A RESOLUTION ON THE BALLOT, NOT A RESOLUTION, A LAW ON THE BALLOT TO STOP THE EXCESSIVE GROWTH IN CARLSBAD, WHICH MAY SEEM FUNNY NOW WITH THIS THING THAT THE STATE'S DONE TO US.

BUT IN REPLY OR IN IN ANSWER TO THEIR ATTEMPT TO JUST STOP DEVELOPMENT, THE CITY PUT TOGETHER THE GROWTH MANAGEMENT PLAN 1986.

SO IT PASSED THE CITY HAD A KILLER CLAUSE.

AND MY FRIENDS IDEA WAS DEFEATED AS A RESULT, ALTHOUGH IT ALSO PASSED.

BOTH OF THEM PASSED, BUT THE CITY TOOK PRECEDENCE AND GOT MORE VOTES.

SO IT INCLUDES A PERFORMANCE STANDARD FOR OPEN SPACE.

AND YOU KNOW, THE GROWTH MANAGEMENT PLAN LAYS OUT WHAT THE CITY SHOULD HAVE FOR ITS CITIZENS.

AND ONE OF THOSE THINGS IS VERY HELD VERY STRONGLY THE OPEN SPACE.

SOME LET'S SEE, 15% OF UNCONSTRAINED DEVELOPABLE LAND IN EACH OF 25 ZONES.

YOU DIVIDED THE CITY.

THEY DIVIDED THE CITY INTO ZONES.

THE CITY DID.

THEY EXCLUDED 11 ZONES, INCLUDING PONTO, WHICH STILL HAS A WONDERFUL PIECE OF OPEN SPACE YOU OUGHT TO GRAB.

AND THEN BUT WHEN YOU DECIDED TO DO THIS UPDATE OF THE GENERAL MANAGEMENT PLAN, WHICH IS A WONDERFUL THING, I WISH ENCINITAS HAD IT.

YOU PUT CARLSBAD TOMORROW, CITIZENS, TO LOOK AT THE OPEN SPACE, AND THEY GAVE A REALLY NICE REPORT.

AND YOU'RE NOT GOING TO USE IT.

THAT'S A SLAP IN THE FACE AS FAR AS I'M CONCERNED.

AND SO YOU SHOULD PUT IT IN YOUR REPORT.

OPEN SPACE IS TOP PRIORITY FOR CARLSBAD CITIZENS.

IT'S ROOM FOR NATIVES, NATIVE PLANTS, NATIVE ANIMALS.

IT'S WHAT MAKES CALIFORNIA, CALIFORNIA.

DON'T PASS THIS RESOLUTION UNTIL YOU HAVE SENT IT BACK TO COLLECT AN OPEN SPACE COMPONENT.

THANK YOU VERY MUCH.

I SPEAK FOR INEZ AND DICK YODER, ANITA MOCK, NONE OF WHOM ARE HERE TO ANY LONGER TO SPEAK FOR THEMSELVES. JAN NEFF.

SINCLAIR. DID I SAY MR.? YEAH. OKAY.

THANKS. HI.

GOOD EVENING.

I WENT I WAS ON THAT COMMITTEE AND I WENT TO EVERY SINGLE MEETING, AND WE DISCUSSED OPEN SPACE A LOT.

AND AS THE PRIOR SPEAKER MENTIONED, THAT PART OF OUR REPORT IS NOT INCLUDED IN THIS.

I THINK THAT THIS WAS LIKE 500 PAGES, AND I HAVEN'T HAD TIME TO REVIEW THE WHOLE THING SINCE IT CAME OUT ON, WHAT, FRIDAY.

AND I'M NOT SURE THAT YOU ALL HAD TIME.

SO I'M HOPING THAT THIS CAN BE DELAYED OR VOTED ON LATER AFTER EVERYBODY'S HAD A CHANCE TO LOOK AT IT AND LOOK AT THE PARTS OF OUR REPORT THAT RELATE TO OPEN SPACE.

THANK YOU.

DON CHRISTENSEN, FOLLOWED BY HOWARD CROUSE.

I WAS ALSO ON THE ON THE COMMITTEE, AND I WILL ECHO JAN'S WORDS THAT I THINK THE PRUDENT THING TO DO AT THIS TIME, FROM MY EXPERIENCE WITH THE COMMITTEE AND THE ENERGY THAT WAS SHOWN BY PEOPLE ADVOCATING FOR OPEN SPACE, THAT WAS THE MOST TALKED ABOUT ITEM, BUT BECAUSE IT DID NOT FIT THE SPECIFIC PARAMETER IT NEEDED TO FIT WITHIN, IT DIDN'T GET INCLUDED IN THIS REPORT.

SO THE PUBLIC WAS THERE EVERY MEETING ADVOCATING FOR OPEN SPACE.

SO I WOULD JUST REQUEST NOT MOVING FORWARD, BUT PULL BACK, HAVE ANOTHER LOOK AT IT, AND GIVE PEOPLE SOME MORE TIME TO DIGEST AND CONTEMPLATE WHAT THIS IS ALL ABOUT.

[01:50:03]

THAT'S IT. THANK YOU.

HONORABLE MAYOR AND CITY COUNCIL AGAIN, I'M HOWARD KRAUSS.

THIS TIME SPEAKING, REPRESENTING NORTH COUNTY ADVOCATES.

EVER SINCE THE PASSAGE OF PROPOSITION E IN 1986 AND ITS RESULTING ORDINANCE AND RESOLUTIONS, CARLSBAD GROWTH MANAGEMENT PLANS HAVE ALWAYS INCLUDED A PERFORMANCE STANDARD FOR OPEN SPACE.

AS YOU HEARD, THAT IS 15% OF THE UNCONSTRAINED DEVELOPABLE LAND IN EACH OF THE 25 LOCAL FACILITIES MANAGEMENT ZONES MUST BE OPEN SPACE.

BUT THE CITY EXEMPTED 11 ZONES, INCLUDING ZONE NINE, IN THE PONTO AREA, CLAIMING THAT THEY WERE.

THOSE ZONES WERE ALREADY DEVELOPED OR DEVELOPING TOO RAPIDLY TO MEET THE STANDARD OR WHATEVER.

WELL, WHETHER OR NOT THOSE REASONS WERE VALID OR THE EXEMPTIONS WERE EVEN LEGAL, THAT'S STILL BEING DEBATED.

BUT UNFORTUNATELY, THERE'S BEEN LITTLE MONITORING OR PROVISION OF OPEN SPACE IN THOSE EXEMPTED ZONES.

THE CARLSBAD TOMORROW CITIZENS UPDATE COMMITTEE DID HEAR CONSIDERABLE CITIZEN INPUT, AND SPENT A LOT OF TIME TRYING TO DEAL WITH OPEN SPACE ISSUES IN THESE EXEMPTED ZONES AND ELSEWHERE, AND THEIR PUBLISHED REPORT MADE SIGNIFICANT RECOMMENDATIONS THAT DO NOT APPEAR ANYWHERE IN THE RESOLUTION BEFORE YOU, OR IN ITS APPENDIX A THAT IS SUPPOSED TO HAVE THE RECOMMENDATIONS OF THE OF THE CARLSBAD TOMORROW COMMITTEE.

SO TO CALL THIS RESOLUTION AND IMPLEMENTATION PLAN FOR THE GMP COMMITTEE'S RECOMMENDATIONS IS THEREFORE A DECEPTIVE FANTASY, SINCE IT LACKS ANY REFERENCE TO OPEN SPACE STANDARDS.

I URGE YOU NOT TO VOTE FOR THIS RESOLUTION, BUT INSTEAD SEND IT BACK TO STAFF TO INCLUDE THE COMMITTEE'S OPEN SPACE RECOMMENDATIONS. AS YOU WELL KNOW, OPEN SPACE IS A TOP PRIORITY FOR CARLSBAD RESIDENTS FOR THE SURVIVAL OF DIVERSE PLANT AND ANIMAL SPECIES, INCLUDING OUR OWN, FOR THE QUALITY OF LIFE WE ALL WANT TO CONTINUE ENJOYING HERE.

AND FURTHERMORE, MORE TREES IN OPEN SPACES TRAP CO2 AND WILL IMPROVE OUR CHANCES OF MEETING THE CLIMATE ACTION PLAN GOALS.

SO ONCE AGAIN, PLEASE DO THE RIGHT THING.

THANK YOU. DIANE NYGAARD.

YEAH. HONORABLE MAYOR AND COUNCIL DIANE NYGAARD, REPRESENTING PRESERVE CALAVERA.

BACK IN 1986, WHEN THE GROWTH MANAGEMENT PERFORMANCE STANDARDS WERE ADOPTED, THERE WERE TWO COMPONENTS TO OPEN SPACE.

THE EXISTING AND PLANNED HARD LINE PRESERVES REQUIRED TO PROTECT SENSITIVE HABITAT.

THOSE WOULD BE SET ASIDE OVER TIME AS DEVELOPMENT OCCURRED AND WERE ESTIMATED TO BE 25% OF THE CITY.

AND SECONDLY, THE PERFORMANCE STANDARD FOR OPEN SPACE ITSELF, 15% UNCONSTRAINED IN EACH OF 25 ZONES, UNCONSTRAINED IN EACH ZONE OPEN SPACE THAT'S USABLE AND LOCATED NEAR WHERE PEOPLE LIVE.

THOSE TWO COMBINED 25% CITYWIDE AND 15% PER ZONE EQUAL 40%, AND THAT 40% BECAME THE COMMITMENT TO OPEN SPACE. THE BALLOT ARGUMENT FOR THE 1986 GROWTH MANAGEMENT PLAN WAS SIGNED BY THE MAYOR AND THE CITY COUNCIL, AND IT SAYS IT GUARANTEES WE WILL ALWAYS BE A LOW DENSITY RESIDENTIAL COMMUNITY WITH 40% OPEN SPACE.

THAT WAS THE PROMISE WHEN THE GMP WAS ADOPTED.

30 YEARS LATER, THE GROWTH MANAGEMENT CITIZENS COMMITTEE RELOOKED AT THE PERFORMANCE STANDARDS FOR OPEN SPACE.

THEY HAD A NUMBER OF CONCERNS ABOUT HOW OPEN SPACE HAD BEEN COUNTED.

THEY FELT IT WAS UNCLEAR WHAT UNCONSTRAINED MEANT, AND THEY DISCOVERED THAT THERE WAS NO DOCUMENTATION THAT EXPLAINED WHY 11 OF THE 25 ZONES WERE COMPLETELY EXEMPTED FROM THE STANDARD.

THERE WAS A STATEMENT THAT IT WAS BECAUSE THOSE AREAS WERE ALREADY DEVELOPED OR URBANIZING, BUT NO DOCUMENTATION.

THE COMMITTEE SPENT NUMEROUS MEETINGS DISCUSSING OPEN SPACE, AND RECOMMENDED MODIFYING THE EXISTING STANDARD TO MAKE IT MORE CLEAR, AS WELL AS OTHER RECOMMENDATIONS, THAT THE CITY COUNCIL ELEVATE THE TOPIC OF OPEN SPACE AND ADD IT TO THE PURVIEW OF THE PARKS AND REC COMMISSION, THAT THEY RE-IDENTIFY POTENTIAL OPEN SPACE DEFICITS AND EVALUATE

[01:55:03]

OPPORTUNITIES TO ACQUIRE MORE LAND, PARTICULARLY IN THOSE ZONES THAT WERE HAD LESS UNCONSTRAINED OPEN SPACE OR SUBJECT TO FURTHER LOSS BY CLIMATE CHANGE.

SEA LEVEL RISE.

WE ALSO NOTE THAT TASK TWO ON PAGE 14 OF THE REPORT, IDENTIFIES ONLY EIGHT OF THE 25 ZONES THAT WOULD BE UPDATED.

AND THAT'S ONLY FOR HOUSING, NOT UPDATING THEM FOR OPEN SPACE.

AND THAT WILL NOT BE DONE FOR 3 TO 5 YEARS.

WHAT OPEN SPACE WILL BE LEFT BY THEN TO PRESERVE.

HOW WILL THERE EVER BE ANY EQUITY FOR THE ZONES THAT HAVE BEEN EXCLUDED FOR 30 YEARS? IF YOU BELIEVE OPEN SPACE IS PART OF THE UNIQUE CHARACTER OF CARLSBAD, YOU BELIEVE IT'S VALUED BY THE RESIDENTS AND IS WORTH PRESERVING, THEN IT MUST BE PART OF THIS IMPLEMENTATION PLAN.

THANK YOU. THERE ARE NO MORE SPEAKERS.

QUESTIONS FROM COUNCIL.

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

THANKS TO THE SPEAKERS FOR BEING HERE.

I MEAN, YOU HEARD A REOCCURRING THEME AROUND OPEN SPACE.

I WAS JUST CURIOUS IF YOU COULD ADDRESS IF THERE WERE ANY QUESTIONS THAT CAME UP, BUT ALSO JUST ADDRESS WHY IT WASN'T INCLUDED AS PART OF THE IMPLEMENTATION PLAN? SURE. I CAN ADDRESS THAT.

FIRST, I'LL ADDRESS WHAT IS THE OPEN SPACE STANDARD AND WHAT WAS THE RECOMMENDATION.

AND SO AS IT'S PART OF ALL OF THE TASKS.

THE IMPLEMENTATION PLAN WOULD IMPLEMENT.

ALL OF THE RECOMMENDED MODIFIED STANDARDS ON THE SCREEN.

NOW IS A COMPARISON OF WHAT WAS THE EXISTING STANDARD FOR OPEN SPACE, 15% OF THE TOTAL LAND AREA THAT APPLIES TO LOCAL FACILITY MANAGEMENT ZONES 11 THROUGH 15 AND 17 THROUGH 25.

AND THEN ON THE RIGHT IS THE FINAL RECOMMENDATION THAT WAS INCLUDED BY A VOTE OF 13 TO 4 BY THE CARLSBAD TOMORROW COMMITTEE.

THIS IS WHAT WILL BE IMPLEMENTED IN TASKS PRIMARILY TASKS TWO AND PRIMARILY TASK FOUR.

LOOKING AT THE IMPLEMENTATION PROGRAMS, ONE CLARIFICATION TO MAKE IS WE WILL BE LOOKING AT THE ENTIRETY OF THE LOCAL FACILITY MANAGEMENT PLANS AND THE CITYWIDE PLAN.

IT WAS ONLY THE FOCUS OF THE HOUSING ELEMENT TO PRIORITIZE WHAT PLANS TO START WITH AND LOOK AT, BECAUSE THERE'S ADDITIONAL HOUSING THAT WAS ALLOWED, BUT IT WILL STILL LOOK AT ALL WHAT WILL NOW BE EIGHT STANDARDS RELATED TO OPEN SPACE.

IN ADDITION TO THAT, THERE WAS THE QUALITY OF LIFE CONCERNS AND RECOMMENDATIONS.

SUMMARY. THIS WAS REFERENCED WITH OTHER RECOMMENDATIONS.

AND SO THESE WERE THE ITEMS THAT WERE INCLUDED AS PART OF THAT ACTION.

AGAIN, THOSE ARE THINGS THAT THE CITY COUNCIL COULD STILL DIRECT AS PART OF THAT.

BUT SINCE THESE AREN'T DIRECTLY RELATED TO THE LAND USE IMPLEMENTATION FOR FUTURE DEVELOPMENT, THEY'RE NOT INCLUDED IN THIS IMPLEMENTATION PROGRAM.

I'M HAPPY TO ANSWER ANY FOLLOW UPS IF I DIDN'T ANSWER YOUR WHOLE QUESTION.

JUST TO CLARIFY, IT SOUNDS LIKE THERE ARE COMPONENTS OF IT THAT ARE MOVED, THAT HAVE ALREADY MOVED FORWARD OR ARE MOVING FORWARD BASED ON THE COMMITTEE'S RECOMMENDATION, AND THEN THESE ARE OPTIONAL ONES THAT WE COULD POTENTIALLY ALSO INCORPORATE IF WE SO CHOOSE, INCORPORATED INTO THIS OR OTHER EFFORTS.

BUT. YES. OKAY.

IF I WERE TO ASK YOU, DO YOU FEEL THAT THAT WOULD BE ALL ENCOMPASSING OF WHAT WE'VE HEARD IN TERMS OF WHAT FOLKS FROM THE COMMITTEE, AS WELL AS WHAT WE'VE RECEIVED FROM EMAILS AND COMMUNICATIONS OTHERWISE, WOULD THAT INCLUDE THESE AND THE THINGS THAT WE'RE ALREADY MOVING FORWARD ON, OR DO YOU FEEL THERE'S, YOU KNOW, SOMETHING ELSE THAT FOLKS ARE LOOKING FOR? I THINK THIS IS DEFINITELY SOMETHING SOME FOLKS ARE LOOKING FOR.

I'LL SAY THERE'S ALSO A DIFFERENCE OF OPINION OF SOME OF THE OPEN SPACE STANDARDS.

IT WAS NOT A UNANIMOUS DECISION, BUT IT WAS A DECISION OF THE FULL GROUP.

THERE WAS A MINORITY OPINION INCLUDED.

BUT AS YOU CAN SEE ON THE LAST DOT POINT HERE, OPEN SPACE WAS DISCUSSED AT A NUMBER OF MEETINGS RELATED TO BOTH THE CHALLENGES AND OPPORTUNITIES FOR THE CITY AT THIS STAGE IN DEVELOPMENT, AND THAT'S WHY THE COMMITTEE ULTIMATELY STUCK WITH THE MODIFIED STANDARD THAT THEY DID RECOMMEND.

OKAY. I DON'T HAVE ANY OTHER QUESTIONS.

MR. ACOSTA. THANK YOU, AND THANKS FOR THE PRESENTATION.

JUST TO FOLLOW UP ON THE SAME ISSUE OF OPEN SPACE.

THERE ARE SOME THINGS THAT ARE NOT INCORPORATED HERE, RIGHT? THERE ARE THERE ARE OTHER THINGS THAT WERE THAT ARE ON THIS LIST THAT WE ARE SUPPOSED TO BE DISCUSSING AT A FUTURE TIME.

THE THERE WILL BE A NUMBER OF THINGS THAT WILL BE DISCUSSED AT A FUTURE TIME IMPLEMENTING THE STANDARDS.

[02:00:01]

WHAT WERE PRIMARILY LOOKING AT IN THIS EFFORT? I'M TALKING ABOUT THE SLIDE THAT WAS UP RIGHT NOW.

OH, THE SLIDE THAT WAS OPEN SPACE.

YEAH. I'M FOLLOWING UP ON THE QUESTIONS.

COUNCIL MEMBER BHAT-PATEL. IF THE CITY COUNCIL WERE TO DIRECT THAT TO RETURN, I'D ASK KYLE LANCASTER TO COME UP AND SPEAK TO WHAT IT WOULD TAKE TO CHANGE THE SCOPE OF THE PARK AND RECREATION COMMISSION, BECAUSE HE'S THE LEAD ON THAT.

BUT AS PART OF THIS EFFORT, IT WAS INCLUDED AS THE CARLSBAD TOMORROW'S RECOMMENDATION, AND WE'D BE LOOKING FOR THE CITY COUNCIL TO TO DIRECT ANYTHING FUTURE ON THAT ITEM.

I'M TRYING TO GET MY HEAD AROUND IT, BECAUSE IT SEEMED TO ME, FROM YOUR RESPONSE TO MY COLLEAGUE'S QUESTIONS, THAT THERE WERE STILL SOME THINGS THAT WE WERE TO CONSIDER, BUT NOT TODAY. AND SO I'M WONDERING IF I'M UNDERSTANDING THAT CORRECTLY.

MAYBE YOU COULD EXPLAIN THAT BETTER OR IN ANOTHER WAY, SO THAT I CAN BETTER UNDERSTAND IT.

AND THEN WHEN WOULD THAT BE THAT WE COULD HAVE THIS FUTURE DISCUSSION? SURE. SO YEAH.

THIS IS A SLIGHT VARIATION OF THAT SLIDE.

IT INCLUDES THE OTHER INFORMATION, BUT THE HEADER FROM THAT MEMO.

SO THERE WAS TWO WORK PRODUCTS THAT CAME OUT OF THE COMMITTEE.

ONE WAS A REPORT ON THE STANDARDS THEMSELVES.

ONE WAS SORT OF AN ISLAND OF MISFIT TOYS OF OTHER THINGS THAT WERE INCLUDED AND TALKED ABOUT, BUT NOT SPECIFICALLY RELATED TO GROWTH MANAGEMENT OR THE LAND DEVELOPMENT PROCESS.

AND SO THOSE WERE PRESENTED TO THE CITY COUNCIL AT THAT ITEM, AND THE CITY COUNCIL CAN TAKE ACTION OR NOT OR RELATED TO THOSE ITEMS. WE DON'T HAVE ANY PLANS TO REPRESENT THAT, BUT WE CAN SURELY HAVE THAT.

IT'S AVAILABLE ON OUR WEBSITE SHOULD ANY MEMBERS WANT TO TAKE THAT UP OR PROVIDE DIRECTION ON ANY OF THOSE ITEMS. OKAY, SO WHAT I'M HEARING FROM YOU IS THIS IS IT THERE'S NOTHING FURTHER, BECAUSE I COULD HAVE SWORN THAT I UNDERSTOOD THAT THERE WAS ANOTHER FUTURE MEETING WHERE WE WERE GOING TO BE DISCUSSING OPEN SPACE, BECAUSE WE KNEW THAT IT WAS SUCH A PRIORITY COMING OUT OF THAT.

BUT I GUESS I MISUNDERSTOOD.

SO IT'S THIS IS THIS IS THE LAST OF FOLLOWING UP ON THE RECOMMENDATIONS FROM THE GROWTH MANAGEMENT COMMITTEE.

IS THAT RIGHT? THIS IS THE LAST OF FOLLOWING UP ON THOSE QUALITY OF LIFE CONCERNS AND RECOMMENDATIONS ARE WORK PRODUCT.

AND LOOKING AT THOSE VARIOUS THE GENERAL PLAN, THE CITY WIDE FINANCING PLAN THAT IS FOCUSED ON LOOKING AT THOSE STANDARDS AS THEY WERE RECOMMENDED TO BE MODIFIED, AND UPDATING THE LAND USE DOCUMENTS FOR FUTURE DEVELOPMENT.

OKAY. AND TONIGHT WE'RE NOT DISCUSSING THESE FOUR THINGS, THESE BULLET POINTS.

THEY'RE NOT INCLUDED SPECIFICALLY ON OUR AGENDA ITEM.

I DEFER TO THE CITY ATTORNEY WITH THE APPROPRIATE PROCESS.

IF THE COUNCIL WANTED TO DO SOMETHING ELSE WITH THESE.

SO FIRST OFF, I WOULD SAY THAT THE FIRST AND FOURTH DON'T LOOK LIKE ACTION ITEMS. THE TWO OTHER ITEMS ARE THINGS THAT IF THOSE ARE ACTION ITEMS THE COUNCIL WANTS STAFF TO PURSUE, YOU CAN DO A MINUTE MOTION TO HAVE US BRING IT BACK FOR YOU TO CONSIDER PURSUING. OKAY, GREAT.

THANK YOU. I'M JUST TRYING TO UNDERSTAND HOW WE CAN ELEVATE THE ISSUE OF OPEN SPACE WHEN IT'S REALLY CLEAR FROM THE COMMUNITY, AND IT'S BEEN CLEAR ALL ALONG THROUGH THE GROWTH MANAGEMENT COMMITTEE MEETINGS, INCLUDING THOSE COMMITTEE MEETING MINUTES FROM SEPTEMBER, DECEMBER, JANUARY, FEBRUARY AND MARCH WHEN THE GROWTH MANAGEMENT COMMITTEE HAD CONVERSATIONS ABOUT OPEN SPACE AND WANTED TO TAKE ACTION OR RECOMMEND THAT WE TAKE ACTION ON IT.

SO I AM LOOKING FORWARD TO FURTHER CONVERSATIONS ABOUT THE RECOMMENDATIONS.

AND I'M PLEASED WITH, LIKE, WHAT WE'RE LOOKING AT NOW.

BUT I DO THINK WE NEED TO DO MORE WITH OPEN SPACE.

IT'S VERY CLEAR THAT THAT'S WHAT CAME OUT OF GROWTH MANAGEMENT.

THANK YOU. OTHER QUESTIONS, MISS BURKHOLDER.

I DON'T DISAGREE WITH WHAT MY COLLEAGUES HAVE SAID.

I JUST HAVE A QUESTION.

AND MAYBE IT'S SOMETHING THAT IS NOT IN YOUR PURVIEW, BUT I'M JUST THINKING THAT I RECALL THAT WE HAD A PRESENTATION FROM PARKS AND RECS ABOUT THE DIFFERENT QUADRANTS WHERE THE EXISTING SPACE IS AND RELATIVE TO OUR PARKS AND THINGS.

AM I JUST MAKING THAT UP OR IS IT FIRST THERE, THERE WAS A PRESENTATION.

IT WAS PRIMARILY LOOKING AT THE PARKS MASTER PLAN.

CORRECT. JUST THERE'S TWO STANDARDS.

THERE IS A PARK STANDARD AND THERE IS AN OPEN SPACE STANDARD.

AND SO WHERE COMMUNITY DEVELOPMENT WOULD LEAD IS AS A PART OF DEVELOPMENT IF THERE IS OPEN SPACE DEDICATED AS PART OF THAT.

THE OTHER WAY TO ACQUIRE OPEN SPACE IS THROUGH ACQUISITION, WHICH IS PRIMARILY DONE THROUGH ROSEANNE AND HER GROUP OR MANAGED THROUGH KYLE AND HIS GROUP.

AND SO I GUESS I'M JUST ASKING FOR CLARIFICATION OF WHAT IT IS THAT MY COLLEAGUES ARE ALLUDING TO.

MAYBE THAT THEY WANT AS FAR AS SOMEONE IN THE PARKS AND RECS COMMISSION TO ALSO TAKE UP OPEN SPACE AND POTENTIALLY ACQUIRING OPEN SPACE, I

[02:05:01]

DON'T KNOW, I JUST NEED CLARIFICATION.

I CAN RESPOND FROM MY PERSPECTIVE.

I MY I'M TRYING TO LOOK AT THE REPORT THAT CAME OUT, BUT I'M LOOKING AT IT HERE AND I'M ALSO LOOKING AT IT THERE.

BUT THERE WAS, YOU KNOW, ADDING TO THE PURVIEW, IT'S THE SAME THING.

IT'S UP THERE. ADDING TO THE PURVIEW OF PARKS AND REC COMMISSION TO ADDRESS OPEN SPACE NEEDS THROUGHOUT THE CITY.

ADDRESSING POTENTIAL OPEN SPACE DEFICITS, AND EVALUATE OPPORTUNITIES TO ACQUIRE MORE OPEN SPACES BY UPDATING THE LIST OF CANDIDATE PROPERTIES FOR PROACTIVE, OPEN SPACE ACQUISITION AND DEVELOPING A PLAN THAT PRIORITIZES ZONES WITH A LESS UNCONSTRAINED OPEN SPACE, OR THAT ARE SUBJECT TO LOSS DUE TO SEA LEVEL RISE.

I THINK THAT THAT'S A GREAT EXAMPLE OF SOMETHING THAT CAN BE DONE THAT'S NOT HARD.

YOU ADD IT INTO PARKS AND REC WORK PLAN AND ENSURE THAT IT'S PART OF THEIR SCOPE AS RECOMMENDATIONS TO THE CITY COUNCIL.

AND I THINK THAT THAT'S SOMETHING WE COULD EASILY TAKE ACTION ON.

THAT'S AN EXAMPLE.

CAN I HAVE ANOTHER QUESTION, PLEASE? SO THEN WOULD THAT BE SOMEONE FROM COMMUNITY DEVELOPMENT ON LIKE WHO WOULD THAT BE, A CITIZEN LED, OR WOULD THAT BE A STAFF MEMBER? WHO WOULD BE WHAT? WHAT ARE YOU SEEING THERE? I'M NOT SURE IF STAFF WANTS TO RESPOND TO THAT.

IF YOU ALL HAVE BEEN FOLLOWING THIS, PERHAPS OUR PARKS DIRECTOR.

SORRY, I'M NOT TRYING TO PUT ANYBODY ON THE SPOT.

I JUST THIS IS THE FIRST I'M HEARING OF THIS, SO.

AND I DO WANT TO CAUTION.

WE CAN ONLY GO SO FAR DOWN THE PATH ON THIS ONE.

IT DOES NEED TO BE BROUGHT BACK FOR FURTHER CONSIDERATION BECAUSE IT WASN'T PROPERLY NOTED OR IT WASN'T NOTICED FOR THIS MEETING.

GOOD EVENING, MAYOR AND COUNCIL, KYLE LANCASTER, PARKS AND RECREATION DIRECTOR.

I WOULD INDICATE THAT THE PARKS AND RECREATION COMMISSION'S PURVIEW IS STRICTLY ON CITY OWNED PARK AND RECREATION PROPERTIES.

THEIR COMPOSITION IS VERY CLEAR IN THE MUNICIPAL CODE, AND IT IS PART OF THE ANNUAL WORK PLAN, WHERE EACH OF THOSE SUBSECTIONS IS CALLED OUT IN DETAIL AS TO WHAT RESPONSIBILITIES THEY HAVE.

IF IT WAS THE COUNCIL'S DESIRE TO EXPAND THAT PURVIEW, IT WOULD NEED TO BE DONE THROUGH ACTION TO AMEND THE MUNICIPAL CODE.

I WOULD OFFER ANOTHER POSSIBILITY, AND THAT IS BASED ON LAST WEEK'S MINUTE MOTION TO BRING BACK THE DISCUSSION ABOUT A SUSTAINABILITY COMMISSION. THIS MIGHT BE A NICE FIT FOR THAT COMMISSION AS WELL, IN THAT THE HABITAT MANAGEMENT PLAN IS CURRENTLY ADMINISTERED BY PUBLIC WORKS AND THE ENVIRONMENTAL SUSTAINABILITY DEPARTMENT, IN PARTICULAR, MISS ROSANNE HUMPHREY, WHO ACCEPTED THE PROCLAMATION TONIGHT.

SO THAT IS A CITYWIDE OBJECTIVE THAT LOOKS AT ALL OPEN SPACE, INCLUDING THOSE CITY OWNED PRESERVES MANAGED BY THE PARKS AND RECREATION COMMISSION.

BUT THE BULK OF THE OPEN SPACE IS ACTUALLY PRIVATELY OR NONPROFIT OWNED THROUGHOUT THE CITY.

THANK YOU SO MUCH. MR. LANCASTER. THAT DEFINITELY CLEARS IT UP.

AND IF I'M GOING TO BE VOTING ON SOMETHING, I DEFINITELY WANT TO UNDERSTAND WHAT IT IS I'M VOTING ON.

SO THAT MAKES IT CLEAR. THANK YOU.

WELL, AND IF I COULD ALSO ADD AND ERIC, CAN YOU CONFIRM THAT WHAT WE'RE DISCUSSING RIGHT NOW WAS THIS PART OF THE MINORITY REPORT.

THIS WAS NOT PART OF THE MINORITY REPORT.

THIS WAS A SIDE MEMO, ESSENTIALLY, THAT WAS SENT AND APPROVED BY THE ENTIRE COMMITTEE ON A NUMBER OF ISSUES, STARTING FROM ARTS AND CULTURE, SENIORS, OPEN SPACE, ENERGY COMMISSION.

THERE WAS ALSO MINORITY REPORTS THAT WERE INCLUDED IN THE FORMAL REPORT, BUT THEY WEREN'T SPECIFICALLY ON THIS TOPIC.

PERFECT. THANK YOU.

ANY OTHER QUESTIONS? WHEN I'M SORRY, GO AHEAD.

I JUST I AND I WANTED TO CLARIFY JUST I KNOW WE CAN'T DISCUSS IT, BUT IN TERMS OF THAT BULLET POINT NUMBER THREE, IF I COULD ASK THE CITY ATTORNEY IF, IF WE WANTED TO LOOK INTO IT FURTHER, WHAT WOULD BE THE BEST COURSE OF ACTION FOR THAT? SO FOR BECAUSE IT'S NOT AGENDA FOR TONIGHT, YOU CAN DIRECT US TO BRING SOMETHING BACK FOR COUNCIL TO CONSIDER.

AND THEN IF YOU ULTIMATELY ASK US TO LOOK INTO A POLICY, WE DO OUR BEST TO TRY TO DEVELOP ONE THAT WOULD WITHSTAND SCRUTINY.

GREAT. THANK YOU.

ONE OF THE SPEAKERS SAID THAT OPEN SPACE COMMITTEE RECOMMENDATIONS WERE NOT ADDRESSED, BUT IT'S MY UNDERSTANDING THAT THE QUALITY OF LIFE CONCERNS AND RECOMMENDATIONS DOES ADDRESS IT AND THAT THE COMMITTEE VOTED.

I'M GOING FROM MEMORY 3 TO 19.

WAS THAT ACCURATE? WHAT THE COMMITTEE VOTED 13 TO 4 ON WAS FOR THE OPEN SPACE STANDARD THAT WAS MAKING THIS CHANGE FROM THE EXISTING 15% STANDARD TO A MODIFIED STANDARD THAT STILL INCLUDES 15%, BUT CLARIFIES SOME OTHER THINGS RELATED TO LAND USE.

SO DID THAT THE COMMITTEE TAKE INTO CONSIDERATION THE OPEN SPACE, AND THEN ASK FOR IT TO BE PUT ON THE QUALITY OF LIFE CONCERNS

[02:10:04]

AND RECOMMENDATIONS, AND NOT IN THIS.

AM I UNDERSTANDING THAT PROPERLY? THE COMMITTEE DID BOTH.

THEY ASKED FOR THE STANDARD OF OPEN SPACE TO BE.

THIS MODIFIED VERSION.

AND THEY SAID IN ADDITION TO THAT, THEY WANTED THE COMMISSION.

THE CITY COUNCIL TO CONSIDER MAKING THOSE CHANGES, INCLUDING THE PARKS AND RECREATION COMMISSION, EXPANSION OF DUTIES.

GOT IT. THANK YOU VERY MUCH FOR CLARIFYING THAT FOR ME.

COMMENTS. MRS. ACOSTA I DO HAVE COMMENTS.

THANK YOU. THANK YOU TO ALL WHO PROVIDED PUBLIC INPUT AND TO ALL WHO WERE INVOLVED WITH THIS.

THIS WAS A HUGE COMMITTEE AND A LONG TIME EFFORT TO HAVE ALL OF THESE MEETINGS WITH ALL OF THESE CITIZENS TO TALK ABOUT THE FUTURE OF CARLSBAD. AND I THINK THERE'S A LOT OF CONSENSUS AROUND WHAT WE WANT TO SEE FOR OUR FUTURE, WHICH DOES INCLUDE OPEN SPACE AND A CLEAN AND BEAUTIFUL ENVIRONMENT. BUT I'M REALLY PLEASED WITH THE WORK THAT STAFF HAVE DONE TO FOLLOW UP ON THOSE THINGS AND MAKE SURE THAT WE MAKE THEM REAL.

THERE'S A FEW THINGS OUTLYING AND AND THAT'S WHY I HAD THE QUESTIONS ABOUT DOING MORE FOR OPEN SPACE, BECAUSE I FEEL LIKE THAT'S AN OUTLIER, LIKE WE NEED TO CONTINUE WORKING ON THAT. BUT OVERALL, I'M SUPER PLEASED.

I'M REALLY GRATEFUL TO EVERYONE FOR PARTICIPATING AND TO STAFF FOR FOLLOWING UP AND MAKING SURE IT GETS DONE.

SO THANK YOU.

I DO SUPPORT THIS AND AFTER WE VOTE, I WOULD LIKE TO MAKE A MINUTE MOTION FOR THE OPEN SPACE AS WELL.

THANKS. ANY OTHER COMMENTS? WELL, MISS ACOSTA, WOULD YOU LIKE TO MAKE THE MOTION FOR MY MINUTE MOTION? NO, FOR THE MOTION FOR THIS.

THE MINUTE MOTION. SO MOVED.

OKAY. UNLESS YOU'RE READY TO MOVE TO ADOPT THE RESOLUTION APPROVING THE IMPLEMENTATION PROGRAM FOR THE CARLSBAD TOMORROW GROWTH MANAGEMENT CITIZENS COMMITTEE'S RECOMMENDATIONS TO AMEND THE CITY'S GROWTH MANAGEMENT PLAN.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

YOU HAVE A MINUTE? MOTION? YES.

I WOULD LIKE TO MOVE TO ADD THE TOPIC OF OPEN SPACE TO THE CONVERSATION ABOUT DEVELOPING A NEW ENVIRONMENTAL SUSTAINABILITY COMMISSION.

I KNOW THAT THAT'S PLANNED FOR A FUTURE AGENDA, AND I THINK THAT WE CAN HAVE THE CONVERSATION ABOUT ADDING OPEN SPACE AS PART OF THAT AGENDA ITEM.

SECOND, AND THEN MAY I JUST ASK A QUESTION? YES. IS THERE A WAY FOR US? OKAY. IS THERE A WAY FOR US TO ALSO INCLUDE THE OTHER BULLET POINT THAT WAS UP THERE? AS PART OF THE CONVERSATION, I WILL AMEND MY MOTION TO INCLUDE ALSO ADOPTING A POLICY THAT DISCOURAGES EXCEPTIONS TO DEVELOPMENT STANDARDS THAT WOULD DECREASE OPEN SPACE.

OKAY. THANK YOU. SECOND IS STAN'S COMMENTS.

PLEASE VOTE. PASSES UNANIMOUSLY.

THANK YOU. ITEM NUMBER 13.

[13. UPDATE ON THE MAERKLE RESERVOIR SOLAR PROJECT AND NEXT STEPS]

ITEM NUMBER 13 IS AN UPDATE ON THE MARKLE RESERVOIR SOLAR PROJECT AND NEXT STEPS MAKING.

OUR PRESENTATION TONIGHT IS OUR UTILITIES DIRECTOR, AMANDA PLESSY.

THANK YOU, MR. CHADWICK.

GOOD EVENING. PRESIDENT, BOARD MEMBERS OF MWD.

MY NAME IS AMANDA PLESSY, AND I'M THE GENERAL MANAGER FOR THE CARLSBAD MUNICIPAL WATER DISTRICT.

I'M HERE TODAY TO DISCUSS THE SOLAR POWER GENERATION AND STORAGE PROJECT AT THE MARKLE RESERVOIR SITE.

TONIGHT WE ARE RETURNING TO YOU TO DISCUSS, AS WE DID IN APRIL OF THIS YEAR, THE NEXT STEPS FOR THIS PROJECT AND TO SEEK YOUR DIRECTION. WE WILL BEGIN WITH SOME BACKGROUND ON THIS PROJECT, AND THEN MOVE INTO SOME SPECIFICS OF THE PROPOSED LOCATION AT THE MERKEL RESERVOIR SITE.

SINCE WE WERE HERE LAST BEFORE YOU, SOME NEW ISSUES HAVE COME UP THAT WE WOULD LIKE TO DISCUSS AND GO OVER IT WITH YOU.

WE WILL HAVE SOME OPTIONS FOR YOU TO CONSIDER AS NEXT STEPS.

AND LASTLY, WE WOULD.

WE'RE HERE TO ANSWER ANY QUESTIONS AND RECEIVE INPUT AND DIRECTION ON HOW YOU WOULD LIKE TO PROCEED.

THE IDEA OF A SOLAR FARM AT THIS SITE WAS FIRST IDENTIFIED BY COMMUNITY MEMBERS INTERESTED IN ENVIRONMENTAL SUSTAINABILITY, ESPECIALLY RENEWABLE ENERGY.

THE CITY COUNCIL ADDED IT TO ITS CITY CIP PROGRAM IN 2015, AND THEN LATER MADE IT A PRIORITY IN YOUR FIVE YEARS STRATEGIC PLAN AND APPROPRIATED

[02:15:04]

FUNDING FOR A FEASIBILITY STUDY.

THIS PROJECT HAS SEVERAL POTENTIAL BENEFITS.

THE PROJECT COULD CONTRIBUTE TO THE SUPPLY AND USE OF RENEWABLE ENERGY RESOURCES, POTENTIALLY OFFSETTING ENERGY COSTS AND GENERATING REVENUE, WHICH IN TURN WILL BENEFIT OUR RATEPAYERS.

WATER DISTRICT FUNDS ARE BEING USED FOR THIS PROJECT BECAUSE THE WATER DISTRICT OWNS THE LAND, AND THE RATEPAYERS WOULD BE THE DIRECT BENEFACTORS OF THE OFFSETTING COST OF THE POTENTIAL LOWER AND STABLE ELECTRICAL COSTS.

OVER THE LAST YEAR AND A HALF, WE HAVE WORKED WITH CITY DEPARTMENTS, INDUSTRY STANDARD INDUSTRY EXPERTS AND OUR CONSULTANT, HAWK ENGINEERING TO IDENTIFY PRELIMINARY ISSUES THAT WOULD EXPLORE THAT.

WE WOULD EXPLORE MORE THROUGH A FEASIBILITY STUDY.

WE WENT OVER THESE WITH YOU IN APRIL OF THIS YEAR.

AS YOU CAN SEE, IT'S A LONG LIST, IN PART BECAUSE THE WATER DISTRICT STAFF LACKS THE EXPERTISE NEEDED TO EVALUATE MANY OF THESE TOPICS.

WE WOULD BE LOOKING TO HIRE A TEAM OF EXPERTS WHO ARE KNOWLEDGEABLE ABOUT THIS RAPIDLY CHANGING TECHNOLOGY AND REGULATORY ENVIRONMENTAL ENVIRONMENT FOR THE PROJECTS LIKE THESE.

BASED ON OUR INITIAL EXPLORATION, THE ONES WE EXPECT TO BE THE MOST CRITICAL ARE CENTERED AROUND THE CONSTRAINTS OF THE SPECIFIC SITE OF MERKEL RESERVOIR, INCLUDING ENVIRONMENTAL PERMITTING, SITE ACCESS, NEIGHBORING LAND USE OF NEIGHBORING CITIES.

WE HAVE OCEANSIDE TO THE NORTHWEST, AND WE HAVE THE CITY OF VISTA TO THE NORTHEAST.

HERE YOU CAN SEE THE SITE IN CONTEXT IN THE NEAR NEARBY HABITATS THAT ARE SURROUNDING THE MERKEL RESERVOIR SITE.

SINCE WE WERE HERE LAST IN APRIL, TWO BATTERY FIRES IN THE REGION HAVE RAISED CONCERNS ABOUT SAFETY OF LARGE STORAGE PROJECTS.

ON SEPTEMBER 11TH, THE COUNTY BOARD OF SUPERVISORS DIRECTED ITS STAFF TO CREATE AND DEVELOP STANDARDS FOR BATTERY STORAGE FACILITIES AND CONSIDER, BUT ULTIMATELY DO NOT PURSUE, AN URGENCY ORDINANCE TO PUT A MORATORIUM IN PLACE UNTIL LAND USE RULES CAN BE VIEWED.

THESE LAND USE RULES WOULD APPLY ONLY TO THE UNINCORPORATED PARTS OF THE COUNTY.

I WANT TO POINT OUT THAT BOTH FIRES OCCURRED IN BATTERY STORAGE SITES USING OLDER TECHNOLOGY.

SO NO. SO ONE OF THESE ISSUES WE WOULD WANT TO EXPLORE IN THE FEASIBILITY STUDY IS, IS HOW FIRE RISKS WOULD BE ASSESSED FOR A NEWER BATTERY TECHNOLOGY.

IN LIGHT OF THESE DEVELOPMENTS, WE'VE CONSULTED WITH OUR CITY FIRE DEPARTMENT TO TAKE A LOOK AT THE SITE FROM A PUBLIC SAFETY'S PERSPECTIVE.

THIS MAP SHOWS WHAT WE ARE CONSIDERED TO BE IN THE HIGHEST RISK OF FIRE AREAS IN THE CITY OF CARLSBAD.

AND HERE YOU CAN SEE A MAP CLOSE UP OF THE PROJECT SITE LOCATION.

AS YOU CAN SEE, THERE ARE MANY HOMES IN THE AREA AND OTHER USES IN THE IN THIS FIRE ZONE.

BEING IN A FIRE ZONE DOESN'T NECESSARILY MEAN YOU CAN'T BUILD, IT JUST MEANS YOU WOULD BE SUBJECT TO DIFFERENT BUILDING CODES AND STANDARDS.

SITE ACCESS HAD ALREADY BEEN IDENTIFIED AS A CONSTRAINT, SO THAT WOULD NEED TO BE CONSIDERED SPECIFICALLY IN A FIRE RISK AREA.

HERE'S A ZOOMED OUT, ZOOMED OUT MAP SHOWING THE SITE ROUTES.

RIGHT NOW OUR MAIN ACCESS IS THROUGH THE CITY OF VISTA.

WE HAVE INGRESS AND EGRESS.

EMERGENCY ACCESS THROUGH THE CITY OF CARLSBAD.

BUT THAT INGRESS AND EGRESS.

ACCESS ROAD IS REALLY ONLY ACCESSIBLE BY FOUR BY FOURS AND IS NOT REALLY ACCESSIBLE.

BY FIRE TRUCKS OR AMBULANCE.

THE PROXIMITY OF HOMES TO THE SITE IS ANOTHER ISSUE THAT.

WE PLAN TO EXPLORE.

WE HAVE HEARD FROM SOME RESIDENTS OF NEARBY HOMES ALREADY, AND ASSURED THEM THAT COMMUNITY OUTREACH WOULD BE PART OF THIS FEASIBILITY STUDY.

STAFF IS PREPARED THIS EVENING TO PROCEED WITH THE FEASIBILITY STUDY AS DIRECTED IN APRIL.

WE HAVE ALSO PROVIDED OTHER OPTIONS TO THE BOARD THAT YOU MAY WANT TO CONSIDER.

AGAIN, MANY OF THE QUESTIONS ABOUT THIS PROJECT WOULD BE ANSWERED THROUGH THE FEASIBILITY STUDY.

ONE OPTION WE COULD FOCUS ON WITH STAFF IS THE MOST CHALLENGING ISSUES, WHICH WOULD BE THE FIRE AND THE SITE ACCESS.

THE RATIONALE WOULD BE IF THESE TWO ISSUES CANNOT BE RESOLVED, THE PROJECT WOULD NOT BE FEASIBLE.

[02:20:03]

AT THIS LOCATION.

WE ESTIMATED A SCALE BACK STUDY WOULD COST A QUARTER OF WHAT A FULL FEASIBILITY STUDY WOULD BE, AND WOULD TAKE 12 MONTHS TO COMPLETE. BEING SIX MONTHS WOULD BE PULLING TOGETHER THE PROPOSAL AND COMING BACK TO YOU AND GETTING A CONTRACT.

SO REALLY, SIX MONTHS OF THE STUDY, THE 12 MONTH.

FINALLY, YOU WOULD CONSIDER ALSO WAITING TO PROCEED WITH A FEASIBILITY STUDY UNTIL THE COUNTY COMPLETES ITS REGULATIONS.

THAT WOULD GIVE US SOME IMPORTANT INFORMATION THAT MAY HELP THE BOARD ON HOW IT WOULD LIKE TO PROCEED.

WE WOULD NOT REQUIRE TO FOLLOW ANY COUNTY LAND USE RULES FOR THE BATTERY STORAGE, BUT THEY ARE PUTTING IN THE TIME AND THE RESEARCH IN CREATING THESE RULES, SO THAT COULD HELP WITH OUR APPROACH.

OUR RECOMMENDED ACTION IS TO RECEIVE AN UPDATE ON THE MERKEL RESERVOIR SOLAR PROJECT, AND PROVIDE DIRECTION TO STAFF ON THE NEXT STEPS.

THAT CONCLUDES MY PRESENTATIONS AND I AM HERE TO ANSWER ANY QUESTIONS.

AND I ALSO HAVE MR. JASON HABER HERE TO ANSWER ANY BACKGROUND QUESTIONS ON THE PROJECT.

AND I AM ALSO JOINED BY OUR FIRE DEPARTMENT TEAM TO ANSWER ANY QUESTIONS.

DO WE HAVE SPEAKERS? YES. DON CHRISTIANSEN, FOLLOWED BY ROBERT GILKEY.

GOOD EVENING, MAYOR, COUNCIL STAFF AND FELLOW CITIZENS.

MY NAME IS DON CHRISTIANSEN.

I LIVE AT 3715 LONGVIEW DRIVE AND I AM A DECENTRALIZED RENEWABLE ENERGY ADVOCATE.

SEVERAL WEEKS AGO, I HAD A ZOOM CALL WITH THE CLEAN ENERGY ALLIANCE, JASON HABER WITH THE CITY AND DOCTOR. I'M DRAWING A BLANK.

A GENTLEMAN GARMIN.

DOCTOR GARMIN. HE IS THE PRESIDENT OF THE TUB CANYON DESERT CONSERVANCY OUT OF BORREGO SPRINGS.

THE MEETING THAT WE HAD WITH THE CLEAN ENERGY ALLIANCE AND JASON AND DOCTOR GARMIN WAS FOCUSED ON LOCAL ENERGY PRODUCTION. AND I APPRECIATE HEARING ABOUT LOCAL CONTROL DURING A PREVIOUS AGENDA ITEM.

I THINK IT'S A KEY THAT IS OFTEN OVERLOOKED.

ANYWAY, DOCTOR GARMIN HAD SENT A LETTER TO COUNCIL FOR THE LAST MEETING, AND HE SENT ANOTHER LETTER THAT DID NOT GET TO YOU BECAUSE OF TIME CONSTRAINTS.

SO I WOULD LIKE TO READ HIS LETTER TO YOU.

I WROTE YOU LAST WEEK REQUESTING THAT YOU BUILD SOLAR CANOPIES OVER CITY OWNED PARKING LOTS TO HELP REDUCE THE PERCEIVED NEED TO BUILD REMOTE, UTILITY SCALE SOLAR FARMS IN THE FRAGILE AND BIODIVERSE DESERTS OF EAST COUNTY, AS WELL AS THE NEED TO BUILD A $2.3 BILLION, 130 MILE LONG, 500 KV TRANSMISSION LINE THAT WILL SCAR THE COUNTRYSIDE BETWEEN OUR TWO CITIES.

THANK YOU FOR MOVING FORWARD WITH SOLAR CANOPIES.

I UNDERSTAND THE PROPOSED SOLAR PROJECT AT CARLSBAD'S MERKEL RESERVOIR IS ON NOVEMBER 19TH.

AGENDA. ON BEHALF OF THE TUB CANYON DESERT CONSERVANCY BASED IN BORREGO SPRINGS, I AGAIN ASK FOR YOUR LEADERSHIP TO PROCEED AS PLANNED WITH A COMPREHENSIVE FEASIBILITY STUDY FOR THE MERKEL RESERVOIR PROJECT.

I UNDERSTAND BATTERY STORAGE FIRE IS A MAJOR CONCERN FOR THIS PROJECT, AND THAT THIS CONCERN WOULD BE ADDRESSED DURING THE FEASIBILITY STUDY.

FIRE IS ALSO A MAJOR CONCERN FOR US IN EAST COUNTY, PARTICULARLY IF THE PROPOSED 130 MILE LONG IMPERIAL VALLEY TO NORTH SONGS TRANSMISSION LINE IS BUILT TO TRANSMIT ELECTRICITY THAT IS GENERATED IN THE EAST COUNTY TO RESIDENTS ALONG THE COAST.

WE ARE ALL BETTER SERVED IF ELECTRICITY GENERATION IS DONE AS CLOSE AS POSSIBLE TO WHERE IT'S ACTUALLY USED.

THANK YOU FOR YOUR CONSIDERATION, J.

DAVID GARMAN, M.D., PRESIDENT, TUB CANYON DESERT CONSERVANCY.

GOOD EVENING, MAYOR, COUNCIL MEMBERS, THANK YOU FOR THE OPPORTUNITY TO COMMENT ON THE MERKEL SOLAR PROJECT.

MY NAME IS ROBERT GALLASKI.

I'M A RESIDENT OF DELMAR, AND PRIOR TO MY RETIREMENT, I WAS THE ENERGY MANAGER FOR MARINE CORPS INSTALLATIONS WEST OUT OF

[02:25:01]

PENDLETON, WHICH CONSISTS OF EIGHT MARINE BASES IN CALIFORNIA.

A MAJOR FOCUS OF MY POSITION WAS THE ENCOURAGEMENT OF SOLAR ENERGY PROJECTS WITH MICROGRIDS, WHICH IS A VERY SIGNIFICANT ELEMENT I'LL MENTION SHORTLY.

THE ECONOMICS OF SOLAR ENERGY ARE IN QUESTION RIGHT NOW.

IT'S THE MOST ECONOMIC WAY TO INCREASE GENERATION IN OUR COUNTRY.

SO THAT'S IN QUESTION.

A 50 MEGAWATT SOLAR ENERGY PROJECT WOULD PAY FOR ITSELF EASILY.

EVERY KILOWATT HOUR THAT THIS SOLAR PROJECT WOULD GENERATE WOULD BE ONE WE DON'T BUY FROM SDG&E, THAT'S A MAJOR ACCOMPLISHMENT, BUT THE PROBABLY THE ONE ELEMENT OF THIS PROJECT WHICH ISN'T DISCUSSED THAT MUCH.

IT'S A MICROGRID.

FOR THOSE OF YOU WHO DON'T KNOW WHAT A MICROGRID IS.

A MICROGRID IS A SEGMENT OF THE MAJOR UTILITY GRID THAT CAN OPERATE ON ITS OWN AND IF NEED BE, IF YOU REMEMBER IN 2012, THE MAJOR BLACKOUTS IN SAN DIEGO, THE ONE ELEMENT THAT SURVIVED THIS QUITE WELL WAS UCSD.

THEY DID IT BECAUSE THEY WERE A MICROGRID.

THEY COULD OPERATE ON THEMSELVES WITHOUT BEING PART OF WITHOUT BEING PART OF SDG&E.

SO THAT'S THE BEAUTY OF THIS PROJECT RIGHT NOW.

YOU HAVE A MICROGRID. AND BY THE WAY, IN THE FUTURE, UTILITIES ARE GOING TO GO IN THIS DIRECTION.

I'M A LITTLE BIT BIASED IN THIS, BECAUSE I WANTED THE LAST FOCUS I HAD ON MY JOB AT PENDLETON WAS TO INSTALL MICROGRIDS ON EVERY BASE, AND MIRAMAR.

THEY CAN SATISFY THEIR OWN LOWS FOR 14 DAYS BECAUSE THEY HAVE A MICROGRID.

THOSE OF YOU WHO QUESTION THE SAFETY, THE FIRE SAFETY AND ALL THAT, I WOULD ASK YOU TO WORK WITH SDG&E.

THEY HAVE 385MW OF SOLAR ENERGY WITH BATTERIES THROUGHOUT OUR SYSTEM.

THEY HAVE A COMBINATION OF THE BATTERY TECHNOLOGIES.

SO IF YOU JUST ASK THEM BEFORE YOU GO OUT TO BID ON A PROJECT LIKE THIS, FIND OUT WHAT IS THE BEST WAY TO GO.

THAT WOULD MINIMIZE THE ISSUE OF SAFETY AND FIRE SAFETY.

THANK YOU.

PAGE DASINO.

HI, I'M PAGE DASINO, CARLSBAD RESIDENT.

JUST BRIEFLY I JUST WANT TO SUPPORT GOING WITH THE FULL FEASIBILITY STUDY.

WHEN CEA, THE CLEAN ENERGY ALLIANCE WAS FORMED.

THAT WAS AND I HELPED LOBBY FOR THAT FOR QUITE A WHILE.

ONE OF THE SELLING POINTS WAS LOCAL PROJECTS.

THAT'S VERY IMPORTANT FOR RESILIENCY, FOR LOCAL CONTROL, LOCAL ECONOMY BENEFITS.

SO I THINK WE NEED TO KEEP WHETHER WE WORK WITH CEA ON THIS OR NOT, THAT'S A REAL BIG THING.

AND THE WHOLE IDEA OF RESILIENCY.

YOU JUST HEARD THE LAST SPEAKER TALK ABOUT MICROGRIDS.

I THINK THAT'S REALLY CRITICAL.

SO I'M ASKING YOU TO GO FOR THE FULL REVIEW, THE FEASIBILITY STUDY.

THANK YOU. THERE ARE NO MORE SPEAKERS.

THANK YOU. QUESTIONS FROM COUNCIL.

MS. LUNA.

SO, WITH RESPECT TO JUST NUMBER THREE, WHERE YOU PUT THE PROJECT ON HOLD UNTIL MORE INFO IS AVAILABLE.

BULLET NUMBER ONE SAYS STAFF COULD REALLOCATE TIME TO OTHER PRIORITIES.

WHAT ARE THOSE OTHER PRIORITIES? THANK YOU, BOARD MEMBER LUNA.

WE ARE WATER AND WASTEWATER MUNICIPAL DISTRICTS.

SO A LOT OF OUR PRIORITIES RIGHT NOW WOULD BE TO DEFINITELY THE MANAGEMENT AND THE, THE MANAGEMENT OF OUR DEVELOPMENTS.

AND SO REALLY ADDRESSING A LOT OF THE, THE LAND USE AND DEVELOPMENT AND UPDATING OUR UPDATING OUR MASTER PLANS ACCORDINGLY TO THE DEVELOPMENT PLANS.

SO THAT WAY WE CAN ENSURE THAT ANY PROJECTS THAT COME THROUGH IN DEVELOPMENT CAN ARE NOT ADVERSELY IMPACTING OUR CURRENT OR PLANNED CIP PROJECTS.

AND THE MONEY ALLOCATED FOR THIS IS THAT COMPARTMENTALIZED? WOULD IT STILL BE SITTING THERE OR WOULD YOU TAKE MONIES FROM THAT TO ADVANCE YOUR OTHER PRIORITIES.

I WOULD HAVE TO COME BACK TO THE BOARD IF I WERE TO REALLOCATE THOSE MONIES.

EXACTLY. YEAH.

THOSE MONIES HAVE ALREADY BEEN ALLOCATED.

SO THE DIRECTOR IS CORRECT.

WE WOULD HAVE TO COME BACK TO COUNCIL TO REALLOCATE THOSE.

OKAY. THANK YOU. ANY OTHER QUESTIONS? COMMENTS? DO YOU HAVE A QUESTION, MISS BURKHOLDER, PLEASE?

[02:30:01]

SO FOR THOSE WHO MAY NOT KNOW WHAT THE MERKEL RESERVOIR IS, WOULD YOU JUST EXPLAIN THAT FOR A SECOND? THANK YOU, BOARD MEMBER BURKHOLDER.

THE MERKEL RESERVOIRS ARE LARGEST AND MAIN RESERVOIR THAT FEEDS THE CITY.

WE TAKE IN THE WATER FROM THE STATE AT MERKEL AND THEN DISTRIBUTE THE OR DISTRIBUTE THE WATER ACCORDINGLY TO THROUGHOUT THE ENTIRE CITY. SO MERKEL IS OUR MAIN RESERVOIR.

THANK YOU. AND IF THERE WERE BATTERY STORAGE RELATIVELY NEAR THE RESERVOIR, HOW WOULD WE PROTECT THAT WATER SUPPLY? IS THAT SOMETHING THAT ONE OF THESE FEASIBILITY STUDIES WOULD LOOK INTO FOR US? EXACTLY. YEAH, IT JUST REALLY CONCERNED ABOUT THAT.

NOT TO MENTION WHAT THE REPORT IS FROM THE FIRE ACCESS.

I'VE ACTUALLY BEEN OUT THERE AND BEEN DOWN SUNNY CREEK ROAD AND WOW, THAT'S A BUMPY ROAD.

NOT EXACTLY, NOT EXACTLY FUN.

BUT. YEAH. SO I APPRECIATE THE REPORT.

I'M REALLY INCLINED TO DEFAULT TO WHAT MY COLLEAGUE IN THAT DISTRICT THINKS IS BEST FOR HER.

BUT I DO THINK THAT IT'S IMPORTANT THAT WE STUDY THESE THINGS.

IT'S NOT GOOD TIMING WHEN YOU LOOK AT WHAT'S HAPPENED IN THE PAST YEAR WITH THE OTHER TWO PLACES BLOWING UP.

SO I'M INCLINED TO SAY, LET'S PAUSE THIS AND YOU GO TO WORK ON WATER.

THANKS, MISS ACOSTA.

THANK YOU.

I DID THINK OF A QUESTION.

I JUST WANTED TO CLARIFY THE AREA THAT WE'RE TALKING ABOUT, BECAUSE I THINK IT'S A PRETTY LARGE CHUNK OF LAND.

AND I KNOW THAT THERE'S A PIECE THAT WE'RE LOOKING AT FOR THE SOLAR SITE, BUT I THINK IT'S ABOUT SOMETHING LIKE 100 ACRES IN TOTAL.

SO IF WE COULD CLARIFY THE SITE.

YES. BOARD MEMBER ACOSTA.

THIS IS THE AREA OF LAND THAT WE'RE LOOKING AT, AND THAT IS ABOUT THE 55 ACRES THAT WE ARE LOOKING AT.

THE OTHER ACREAGE, THE OTHER 50 ACRES ON THE SOUTH SIDE OF MERKEL IS HABITAT PRESERVES.

OKAY. SO THERE'S 100 ACRES TOTAL, 50.

HABITAT PRESERVE 50.

WHAT WE'RE LOOKING AT AND LESS THAN THAT FOR SPECIFICALLY SOLAR, BUT WE DON'T KNOW EXACTLY BECAUSE WE NEED TO HAVE THE FEASIBILITY STUDY TO TO DETERMINE WHAT OUR BEST OPTIONS ARE FOR FOR SAFETY, FOR ENERGY GENERATION FOR CAPACITY.

SO I'M INCLINED TO DO THE STUDY SO THAT WE KNOW WE'RE JUST GUESSING ON THINGS.

AND SINCE IT WILL TAKE ABOUT A YEAR DURING THE TIME THAT WE'RE HAVING THE STUDY, WE WILL BE ABLE TO FLEX AROUND WHAT COMES OUT FROM THE COUNTY BECAUSE IT'S GOING TO TAKE 12 MONTHS TO FINALIZE THIS FEASIBILITY STUDY.

THERE'S A LONG PROCESS TO DO THE STATEMENT OF QUALIFICATIONS AND BUILD A BENCH OF POTENTIAL CONSULTANTS AND THEN SELECTING ONE.

SO MAYBE YOU COULD GO OVER THE TIMELINE AGAIN FOR THAT.

YES, ABSOLUTELY.

THANK YOU, BOARD MEMBER ACOSTA FOR A FULL STUDY.

IT WILL TAKE ABOUT SIX MONTHS FOR US TO PULL TOGETHER A CONTRACT WITH A CONSULTANT.

SO FROM THERE, YOU'RE LOOKING AT 12 TO 18 MONTHS TO COMPLETE A FULL FEASIBILITY STUDY.

OKAY. AND THE FUNDS HAVE ALREADY BEEN ALLOCATED TOWARDS THIS? YES. CORRECT.

400,000 HAS BEEN ALLOCATED TO THIS STUDY.

OKAY. I SAY LET'S DO IT.

THANK YOU. ANY OTHER QUESTIONS? COMMENTS? MISS BHAT-PATEL? SURE. THANK YOU.

THIS CONVERSATION PREDATES EVEN ME, WHICH, YOU KNOW, 2018.

SO I THINK THIS IS SOMETHING THAT FOLKS HAVE BEEN TALKING ABOUT FOR A REALLY LONG TIME.

I'M GLAD THAT OUR COUNCIL DECIDED TO MOVE FORWARD WITH IT.

I WILL GO AHEAD AND MOVE OPTION NUMBER ONE, WHICH IS THE COMPREHENSIVE FEASIBILITY STUDY.

I THINK IT WILL BE HELPFUL FOR US PRODUCTIVE AND MAKE SURE THAT WE'RE ACTUALLY LOOKING AT ALL THE, YOU KNOW, PROS AND CONS ASSOCIATED WITH THIS AS WE MOVE FORWARD.

SECOND, ANY OTHER COMMENTS? PLEASE VOTE.

PASSES 4 TO 1.

THANK YOU. NEXT ITEM IS NUMBER 14.

[14. ALL-WAY STOP CONTROL EVALUATION FOR ADAMS STREET AND HOOVER STREET]

CITY MANAGER. I'M THE ONE WHO BROUGHT THIS UP.

IS IT APPROPRIATE TO START WITH STAFF OR WITH ME? MAYOR, YOU BROUGHT IT UP.

I THINK YOU CAN. AND IT WAS ALSO YOUR MINUTE MOTION, SO I THINK IT'S APPROPRIATE TO KICK IT OFF FOR YOURSELF.

AND THEN STAFF CAN GO AHEAD AND FILL IN THE BLANKS AFTERWARDS.

OKAY. THE INTERSECTION THAT IS REQUESTING A STOP SIGN IS THE INTERSECTION OF ADAMS AND HOOVER.

HOOVER. THANK YOU.

[02:35:01]

SO I WAS APPROACHED BY THE RESIDENTS THERE, AND THEY SAID THEY DID HAVE A STOP SIGN ON ADAMS AT ONE POINT, AND IT WORKED VERY WELL, AND THEY WERE VERY HAPPY.

THEN THEY LEARNED THAT IT WAS A TEMPORARY STOP SIGN, AND THEN IT WAS REMOVED.

THEIR CONCERN IS WITH THEIR, I THINK YOU CALL IT SIGHT DISTANCE.

WHEN THEY PULL OUT ONTO THE ROAD, THEY CAN SEE TO THE RIGHT, BUT THEY CAN'T REALLY SEE FAR ENOUGH TO THE LEFT.

THEN THEY LOOK TO THE RIGHT, AND THEN THEY'RE WORRIED THAT A CAR IS GOING TO APPEAR FROM THE LEFT, AND THEY LOOK BACK AND THEY'RE JUST VERY CONCERNED WITH IT.

I KNOW THAT THE SPEED LIMIT THERE IS 25 MILES AN HOUR, BUT I'VE BEEN AROUND AND I KNOW IN REAL LIFE NOT EVERYBODY DRIVES 25 MILES AN HOUR IN A 25 MILE AN HOUR ZONE.

SO I AGREED TO GO OUT THERE AND DRIVE IT AND SEE WHAT MY THOUGHTS WERE.

I DROVE IT MANY TIMES, TRIED AT DIFFERENT TIMES OF DAY AND NIGHT, AND IN THIS PARTICULAR CASE, I AGREED WITH THEM.

IF I LIVED THERE, I WOULD FEEL MUCH MORE COMFORTABLE WITH A FOUR WAY STOP SIGN THERE.

AND I SUGGESTED THAT STAFF DRIVE IT.

I'M NOT SURE IF STAFF DROVE IT OR NOT, BUT ONE OF THE THINGS THAT I TOLD THEM IS THEY DIDN'T HAVE TO FILL THE THE AUDIENCE, THAT I WOULD REPRESENT THEM.

I WOULD EXPLAIN THEIR CONCERNS.

AND AT THE END OF THE DAY, I AGREED WITH THEIR FRUSTRATIONS.

AND I'M HOPING THAT COMMON SENSE WILL PREVAIL OVER GOVERNMENT BUREAUCRACY.

I KNOW THAT WE HAVE A CHECKLIST THAT WE HAVE TO DO, BUT WHEN I SPOKE WITH THE CITY ATTORNEY, WE TALKED A LITTLE BIT ABOUT WILL YOU FILL ME IN ON THE CONVERSATION JUST TO SIMPLIFY MY, MY CONCERNS? AND WE TALKED ABOUT THAT.

IN ADDITION TO MAKING DECISIONS LIKE THIS BASED ON AN ENGINEER'S RECOMMENDATION OR BASED ON STANDARDS, THAT IT IS POSSIBLE TO MAKE IT BASED ON EXPERIENCE AS A DRIVER DRIVING THROUGH AN INTERSECTION.

AND SOME OF THE TOPICS THAT YOU'VE ALREADY DISCUSSED TONIGHT.

OKAY. THANK YOU.

AND MY OTHER QUESTION IS, DID STAFF DRIVE IT AND WHAT WAS THEIR OPINION? AND YES, MAYOR STAFF DID DRIVE IT.

WE ACTUALLY HAD MULTIPLE STAFF ATTEMPT THE TO ENCOUNTER WHAT OUR RESIDENTS WERE EXPERIENCING AS WELL.

THERE WERE SOME DIFFERENCES OF OPINION, BUT I THINK THE VAST MAJORITY OF US FELT THAT A ALL WAY STOP WOULD ACTUALLY IMPROVE THE OVERALL DRIVING CONDITIONS.

OKAY. THANK YOU.

THAT'S MY ARGUMENT.

STAFF, PLEASE.

SHOULD I PROCEED WITH THIS PRESENTATION? YES, SIR. GOOD EVENING.

I'M JOHN KIM, THE CITY TRAFFIC ENGINEER, AND I'LL BE PRESENTING THIS ITEM TONIGHT.

THE RECOMMENDED ACTION IS TO RECEIVE AN INFORMAL INFORMATIONAL REPORT FOR ALL WAY STOP CONTROL AT THE INTERSECTION OF ADAMS STREET AND HOOVER STREET.

IN JANUARY OF THIS YEAR, STAFF RECEIVED A REQUEST TO CONSIDER ALL WAY STOP CONTROL AT THE INTERSECTION OF ADAMS AND HOOVER.

THE ANALYSIS WAS CONDUCTED BY STAFF, AND THE RESIDENT WAS INFORMED IN AUGUST THAT THE INTERSECTIONS DID NOT MEET THE RECOMMENDED CRITERIA FOR AN ALL WAY STOP. AT THE OCTOBER 8TH MEETING OF CITY COUNCIL.

A MINUTE MOTION WAS MADE AND UNANIMOUSLY APPROVED FOR STAFF TO BRING BACK A REPORT FOR CONSIDERATION OF AN ALL WAY STOP AT THE SUBJECT INTERSECTION.

THE INTERSECTION IS LOCATED IN THE NORTHERN PART OF THE CITY.

BOTH STREETS ARE CLASSIFIED AS LOCAL NEIGHBORHOOD STREETS.

THE INTERSECTION CURRENTLY FEATURES STOP CONTROL ON HOOVER STREET ONLY, WHILE ADAMS STREET IS UNCONTROLLED.

THE POSTED SPEED LIMIT ON ADAMS STREET IS 25MPH.

THE ANALYSIS THAT STAFF USES TO CONSIDER ALL WAY STOP CONTROL IS BASED ON THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, OTHERWISE KNOWN AS THE MUTCD.

KEY FACTORS THAT ARE CONSIDERED IN THIS ANALYSIS INCLUDE TRAFFIC VOLUMES, COLLISION HISTORY, SIGHT DISTANCE, TRAFFIC MOVEMENT, CONFLICTS AND OVERALL TRAFFIC OPERATIONS.

THE FIRST CRITERIA ALLOWS CONSIDERATION OF AN ALWAYS STOP AS AN INTERIM MEASURE, WHILE ARRANGEMENTS ARE BEING MADE FOR INSTALLATION OF A TRAFFIC SIGNAL.

SINCE THERE IS NO TRAFFIC SIGNAL PLANNED AT THIS INTERSECTION, THIS CRITERIA IS NOT APPLICABLE.

NOT APPLICABLE.

THE SECOND CRITERIA LOOKS AT COLLISION HISTORY AND RECOMMENDS THAT AN ALL WAY STOP BE CONSIDERED IF THERE ARE FIVE OR MORE COLLISIONS IN A 12 MONTH PERIOD.

THERE WERE NO REPORTED COLLISIONS AT THE SUBJECT INTERSECTION BETWEEN 2019 AND 2023, SO STAFF CONSIDERS THIS CRITERIA

[02:40:03]

AS BEING NOT SATISFIED.

THE THIRD CRITERIA RECOMMENDS CONSIDERATION OF AN ALL WAY STOP WHEN THE AVERAGE VEHICLE VOLUME ON THE MAJOR STREET, WHICH IN THIS CASE IS ADAM STREET IS AT LEAST 300 VEHICLES PER HOUR, AND THE AVERAGE VOLUME OF VEHICLES, BIKES AND PEDESTRIANS COMBINED ON THE MINOR STREET, WHICH IS HOOVER, IS AT LEAST 200 PER HOUR, WITH THE VOLUMES ON ADAMS STREET AVERAGING 69 AND PER HOUR, AND THE VOLUMES ON HOOVER STREET AVERAGING 15 PER HOUR.

THE THIRD CRITERIA IS NOT CONSIDERED TO BE SATISFIED.

THE FOURTH IS A COMBINATION CRITERIA AND RECOMMENDS CONSIDERATION OF AN ALL WAY STOP IF THE PREVIOUS COLLISION HISTORY CRITERIA AND THE TRAFFIC VOLUME CRITERIA ARE SATISFIED TO 80% OF THAT LEVEL.

BASED ON OUR FINDINGS, THE FOURTH CRITERIA IS NOT SATISFIED.

IN ADDITION TO THE FOUR PRESENTED CRITERIA, THE CALIFORNIA MUTCD ALSO ALLOWS CONSIDERATIONS OF FOUR OPTIONAL CRITERIA WHEN CONSIDERING AN ALL WAY STOP. THESE FOUR CRITERIA ARE THE NEED TO CONTROL LEFT TURN CONFLICTS, THE NEED TO CONTROL VEHICLE PEDESTRIAN CONFLICTS NEAR LOCATIONS THAT GENERATE HIGH PEDESTRIAN VOLUMES, INADEQUATE SIGHT DISTANCE AT THE INTERSECTION, AND THE IMPROVEMENT OF TRAFFIC OPERATIONS AT THE INTERSECTION OF TWO RESIDENTIAL STREETS.

APPLYING THESE CRITERIA TO THE SUBJECT INTERSECTION, NO LEFT TURN CONFLICTS WERE OBSERVED.

THERE ARE VERY LOW LEVELS OF PEDESTRIAN ACTIVITY OBSERVED AT THE INTERSECTION SITE.

DISTANCE WAS MEASURED TO BE ADEQUATE, AND NEITHER STREET MEETS THE DEFINITION OF RESIDENTIAL STREET FOR THE CALIFORNIA VEHICLE CODE.

THEREFORE, STAFF CONSIDERS THAT NONE OF THE OPTIONAL CRITERIA WERE SATISFIED JUST TO TAKE A CLOSER LOOK AT THE SITE DISTANCE. THE MINIMUM STOPPING SITE DISTANCE FOR THE POSTED 25MPH IS 150FT, DUE TO THE CURVATURE OF ADAMS STREET AT HOOVER.

THE AVAILABLE SITE DISTANCE FROM THE SOUTHERN LEG WAS FOUND TO BE THE MOST RESTRICTIVE, AND SO THEREFORE THESE PHOTOS SHOW THE WORST CASE SCENARIO AND ILLUSTRATE THE DRIVER VIEW FROM THE SOUTHERN LEG.

LOOKING TO THE LEFT AND ALSO LOOKING TO THE RIGHT AND SHOWING THAT THE MINIMUM 150 FOOT REQUIRED SITE DISTANCE IS AVAILABLE TO THE DRIVER ON THAT SOUTHERN LEG.

SO THEREFORE, BASED ON THAT ANALYSIS, THE INTERSECTION OF ADAMS AND HOOVER DID NOT MEET THE CRITERIA FOR ALL WAY STOP CONTROL PER THE CALIFORNIA MUTCD.

AND THAT CONCLUDES STAFF'S PRESENTATION, AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

I'M JUST GOING TO ASK JUST SOME QUICK QUESTIONS.

I'LL START BECAUSE IT WAS MY MOTION.

JUST BECAUSE IT DOESN'T MEET THESE REQUIREMENTS DOESN'T MEAN THAT THE COUNCIL CAN'T REQUEST A STOP SIGN.

THAT IS CORRECT. THE MUTCD, OUR GUIDELINES MEETING ALL THE GUIDELINES, DOESN'T NECESSARILY MEAN THAT WE PUT IN A STOP SIGN.

AND CONVERSELY, NOT MEETING THE GUIDELINE DOESN'T MEAN THAT WE CAN'T PUT A STOP SIGN IN.

THEY ARE CONSIDERED BEST PRACTICES.

SO STAFF LIKES TO FOLLOW THE RECOMMENDATIONS AS GUIDELINES.

SO WHEN YOU LOOKED AT THE SITE, WHEN YOU SHOWED THAT PICTURE OF THE 100FT, 150FT OF SIGHT DISTANCE, THAT'S BASED ON CARS DRIVING 25 MILES AN HOUR IN THE 25 MILE AN HOUR ZONE, IS THAT ACCURATE? THAT IS CORRECT.

OKAY. AND WHEN YOU TALK ABOUT NO ACCIDENT HISTORY.

THERE, THE RESIDENTS REPORT THAT THERE'S BEEN MULTIPLE ACCIDENTS, BUT NOT INJURY ACCIDENTS.

WHEN YOU TALK ABOUT NO ACCIDENT HISTORY, YOU'RE TALKING ABOUT INJURY ACCIDENT HISTORIES WHEN THERE'S FENDER BENDERS AND THEY CALL THE POLICE, AND THE POLICE SAY, EXCHANGE INFORMATION, WE'RE NOT SENDING AN OFFICER OUT.

WE DON'T TAKE A REPORT ON IT.

THOSE AREN'T RECORDED AS ACCIDENTS.

IS THAT ACCURATE? TO MY UNDERSTANDING, THE POLICE INPUTS REPORTS BASED ON THEIR DISCRETION.

INJURY REPORTS ARE ALWAYS INPUT.

SOME PROPERTY DAMAGE ONLY ACCIDENTS ARE INPUT.

AND THAT'S UP TO THE OFFICERS THAT ARE AT THE SCENE.

I KNOW LOOKING AT THE COLLISION DATABASE, WE ONLY USE THE REPORTS THAT ARE INCLUDED IN THAT DATABASE.

AND THEY FROM MY EXPERIENCE, THEY DO INCLUDE SOME PROPERTY DAMAGE ONLY.

SO I CAN'T SAY THAT THEY'RE JUST INJURY ACCIDENTS ONLY.

OKAY. SO WHEN THE RESIDENTS TELL ME THERE'S BEEN MULTIPLE ACCIDENTS AND YOU SAY THERE'S NO ACCIDENTS, THAT DOESN'T MEAN THAT THEY'RE LYING TO ME.

[02:45:06]

THERE COULD BE. NO. AND THAT'S WHY I STATED NO REPORTED COLLISIONS BECAUSE THAT'S BASED ON OUR DATABASE.

WE TOTALLY UNDERSTAND THAT THERE ARE INCIDENCES CAR TO CAR COLLISIONS THAT DON'T GET REPORTED.

OKAY. THANK YOU. QUESTIONS FROM COUNCIL.

MISS BURKHOLDER? I DON'T HAVE QUESTIONS. I JUST HAVE A COMMENT.

OKAY. ANY QUESTIONS? COMMENTS, MISS BURKHOLDER? THANK YOU. I, MR. MAYOR, THANK YOU FOR APPROACHING THIS AS A COMMON SENSICAL SOLUTION TO AN ISSUE.

I ACTUALLY WALKED AND KNOCKED ON DOORS ON ADAMS AT HOOVER.

AND I'M NOT GOING TO LIE, PEOPLE SPEED LIKE CRAZY AROUND THERE.

I CAN IMAGINE. I'VE DRIVEN IT MANY, MANY TIMES, SO I CAN IMAGINE THAT WHAT THE COMPLAINTS ARE YOU'RE GETTING ARE THINGS THAT I WITNESSED MYSELF.

SO I'M GOING TO BE IN SUPPORT OF THE COMMON SENSE SOLUTION TO THIS PROBLEM.

THANK YOU. MISS LUNA.

I HAIL COMMON SENSE.

THAT'S ALL I HAVE TO SAY.

ANY OTHER COMMENTS? MISS ACOSTA? THANK YOU.

I APPRECIATE YOUR EXPLANATION OF THE GOING THROUGH THE CRITERIA.

AND CLEARLY WE DID OUR RESEARCH.

WE HAVE THE PHOTOS TO PROVE THE PERSON STANDING 100FT AWAY FROM THE INTERSECTION.

AT THE SAME TIME, I UNDERSTAND THAT SOMETIMES YOU SEE THINGS OUT IN THE COMMUNITY AND YOU KNOW THAT THERE'S A FIX EVEN WHEN YOU DON'T HAVE ALL THE DATA THAT YOU JUST SEE IT.

YOU SEE IT ALL THE TIME.

AND MAYBE IT DIDN'T WORK OUT THAT WHOEVER WAS DOING THE RESEARCH SAW THE SAME THINGS, BUT THE COMMUNITY SEES IT, AND I'M HAPPY TO SUPPORT THIS.

I ALSO UNDERSTAND THAT STOP SIGNS, YOU KNOW, IF THEY'RE NOT WORKING, THEY CAN BE REMOVED.

THEY'RE A LOT EASIER TO REMOVE THAN ANOTHER THING LIKE A SIDEWALK OR A SPEED BUMP.

THANKS, MISS BHAT-PATEL.

OKAY. THANK YOU VERY MUCH FOR HELPING WORK THROUGH THIS.

AND THANK YOU TO COUNCIL.

THERE'S GOING TO BE A CUL DE SAC FULL OF RESIDENTS WHO ARE GOING TO BE THRILLED TO DEATH THAT THEY'RE GOING TO GET THEIR STOP SIGN BACK.

SO I'M GOING TO MAKE THE MINUTE MOTION TO INSTALL AN ALL WAY STOP SIGN AT THE CORNER OF ADAMS AND HOOVER.

SECOND. PLEASE VOTE.

PASSES UNANIMOUSLY.

THAT BRINGS US TO THE CONCLUSION OF OUR COUNCIL MEETING.

[COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]

COMMENTS. NOT MISS LUNA.

MISS BURKHOLDER. JUST THAT SANDAG IS FRIDAY, 9 A.M., 401 B STREET.

IF YOU'D LIKE TO JOIN ME.

MISS ACOSTA, THANK YOU.

THE BIG OTHER MEETING THIS WEEK THAT I HAVE BESIDES COUNCIL IS THE SAN DIEGO COUNTY WATER AUTHORITY BOARD MEETING ALL DAY THIS THURSDAY AT THEIR HEADQUARTERS.

AND THAT ALSO COULD BE SEEN ONLINE ON THE WATER AUTHORITY WEBSITE.

THANK YOU, MISS BHAT-PATEL.

YES. THANK YOU.

WE HAD OUR ECONOMIC DEVELOPMENT SUBCOMMITTEE MEETING THIS MORNING.

WE HAD SOME GREAT DISCUSSIONS ON THINGS THAT WILL COME BACK TO THE COUNCIL.

SO I WON'T GO INTO THEM HERE.

AND THEN WE DO.

I DO HAVE A SANDAG SOCIAL EQUITY WORKING GROUP MEETING AND THEN A NORTH COUNTY TRANSIT DISTRICT BOARD MEETING, WHICH ACTUALLY COINCIDES WITH THE CLEAN ENERGY ALLIANCE MEETING.

SO I WILL ONLY BE ATTENDING THE NCTD BOARD MEETING.

AND OTHER THAN THAT, THANK YOU.

AND ANOTHER REQUEST FROM A RESIDENT REFERRING TO DOGS IN PARKS.

WE'VE HAD A PROHIBITION OF DOG WALKING IN CITY PARKS FOR OVER 50 YEARS.

CARLSBAD IS THE ONLY CITY IN THE REGION THAT DOES NOT ALLOW LEASHED DOGS IN CITY PARKS ON THEIR SIDEWALKS.

I'M NOT REFERRING TO BEING ON THE LAWN.

I'VE HEARD FROM MANY MOMS THAT THEY DON'T WANT DOGS POOPING AND PEEING.

EVEN IF YOU CLEAN IT UP AND THEN THEIR KIDS CRAWL ALL OVER IT.

SO THIS IS ADDRESSING SIDEWALKS, NOT THE LAWN.

SO I'M ASKING FOR A MINUTE MOTION TO DIRECT THE CITY MANAGER TO RETURN TO THE CITY COUNCIL WITH A FUTURE AGENDA, WITH AN AMENDMENT TO THE CARLSBAD MUNICIPAL CODE THAT WOULD MODIFY THE PROHIBITION OF DOGS IN CITY PARKS TO ALLOW FOR LEASHED DOGS AND OWNERS TO WALK ON THE SIDEWALKS OR PATHWAYS WITHIN OUR CITY PARKS. A SECOND ANY DISCUSSION? MS. ACOSTA. THANK YOU.

I DIDN'T EXPECT THE MINUTE MOTION.

I AM INTERESTED IN HAVING THE CONVERSATION.

IT SEEMS FINE TO ME THAT PEOPLE BE ABLE TO WALK LEASHED DOGS IN PARKS.

THE REQUEST I ALWAYS GET IS TO PLEASE COME OUT AND ENFORCE ALL OF THE OFF LEASH DOGS IN PARKS ALL THE TIME, SO I WOULD LOVE TO HAVE THAT CONVERSATION. WHAT CAN WE DO ABOUT ALL OF THE DOGS OFF LEASH ROAMING OUR PARKS? SO I DON'T KNOW IF YOU WANT TO INCORPORATE THAT IN YOUR MINUTE MOTION.

MAYBE WE CAN JUST HAVE A BIGGER CONVERSATION ABOUT THAT AS WELL.

THIS IS JUST TO BRING IT BACK.

WE ALREADY HAVE LAWS ON THE BOOKS FOR OFF LEASH DOGS, AND THAT'S JUST AS A MATTER OF THE ENFORCEMENT.

YEAH, MAYBE SIGNS OR SOMETHING ELSE BECAUSE PEOPLE DON'T KNOW.

AND THERE'S LOTS OF OFF LEASH DOGS.

I GET COMPLAINTS ON A WEEKLY BASIS.

MISS BHAT-PATEL. I WAS JUST GOING TO SAY, SINCE YOU'RE TALKING ABOUT ON LEASH, I'M GUESSING WE COULD HAVE THAT.

[02:50:04]

I'M LOOKING AT THE CITY ATTORNEY.

THAT CONVERSATION INCLUDED IN THAT.

YEAH. SINCE YOU'RE JUST BRINGING IT BACK FOR DISCUSSION.

OKAY, GREAT.

MISS BURKHOLDER.

OKAY, SINCE WE'RE TALKING ABOUT ALL THIS, I WALK THE SEAWALL, AND I'M TIRED OF HAVING DOGS WALKING ON THE SEAWALL, AND THERE'S NO ENFORCEMENT, SO I DON'T KNOW WHERE WE CAN PUT THAT. AND ALSO, CAN I MAKE ANOTHER MINUTE MOTION TO DISCUSS THAT FOR ENFORCEMENT? BECAUSE THAT IS THERE'S STUFF ALL OVER THE PLACE.

MISS BURKHOLDER, I WAS ACTUALLY GOING TO ADDRESS THAT.

HERE'S THE THING. THIS IS GOING TO BE A DISCUSSION I THINK.

SO MAYBE EXPAND YOUR MINUTE MOTION TO HAVE THE DISCUSSION ABOUT DOGS AND PARKS AND IN PUBLIC SPACE.

WOULD THAT WOULD THAT BE SOMETHING YOU'RE OPEN TO? BECAUSE I FEEL LIKE WE EACH HAVE EXPERIENCE WITH THIS.

THEY'RE NOT USING LEASHES.

THEY'RE BRINGING THEM TO FRIDAY NIGHT LIGHTS.

THEY'RE ALL OVER THE SEAWALL.

THEY'RE EVERYWHERE. SO, I'M NOT OPPOSED TO DOGS ON LEASHES IN PARKS.

I JUST FEEL LIKE THERE'S A BIGGER DISCUSSION TO BE HAD.

ADD IT TO THE DISCUSSION.

ALL IT IS, IS A DISCUSSION FOR COUNCIL OR FOR STAFF.

OKAY, THEN I CAN SUPPORT IT.

YEAH. IF WE COULD JUST TAKE A COUPLE MINUTE BREAK.

I WANT TO PUT THE LANGUAGE UP BECAUSE THERE'S A LOT OF PIECES.

YES, WE'LL CALL IT THAT.

AND WHILE STAFF IS DOING THAT, I WANT TO TALK TO COUNCIL ABOUT THE MINUTE MOTION FOR ITEM NUMBER 14.

IT IS IMPORTANT WHEN COUNCIL MAKES DECISIONS ABOUT PUTTING IN THINGS LIKE STOP SIGNS, THAT IT REALLY SHOULD BE DONE BY RESOLUTION.

AND SO WHAT I THINK WE PLAN TO DO IS BRING BACK A RESOLUTION FOR YOUR NEXT MEETING, PUT IT ON CONSENT.

BUT THEN WE WOULD BE ABLE TO NOT ONLY DOCUMENT THE DECISION BUT DOCUMENT THE REASONS FOR IT.

THANK YOU. OKAY.

WE'RE GOING TO BE IN A FIVE MINUTE RECESS.

WE'LL RE TURN AT EIGHT MINUTES AFTER EIGHT.

ALL RIGHT. WE'RE GOING TO RESUME THE COUNCIL MEETING.

AND STAFF, WE'VE TRIED TO SIMPLIFY IT TO CATCH ALL.

AND SO WE'RE SAYING MOTION BY MAYOR BLACKBURN, SECONDED BY MAYOR PRO TEM BHAT-PATEL DIRECTING THE CITY.

THANK YOU.

TO RETURN TO CITY COUNCIL ON A FUTURE AGENDA WITH A DISCUSSION RELATED TO LEASHED AND UNLEASHED DOGS IN THE CITY OF CARLSBAD, AND WHERE ENFORCEMENT OCCURS.

THAT'S MY MOTION.

STILL SECOND.

ANY DISCUSSION PLEASE? THAT'S MY LEGACY. THANK YOU.

PLEASE VOTE.

PASSES UNANIMOUSLY.

CITY MANAGER, ANYTHING? CITY ATTORNEY? NOTHING, THANK YOU.

CITY CLERK. WE'RE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.