[00:00:02] HAVE TO MAKE THE FOLLOWING ANNOUNCEMENT. THE CITY COUNCIL WILL BE SERVING AS THE COMMUNITY DEVELOPMENT COMMISSION ON PUBLIC HEARING ITEM NUMBER SIX. [*This meeting was joined in progress*] [CALL TO ORDER] THE CITY COUNCIL WILL BE SERVING AS THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT ON DEPARTMENTAL CITY MANAGER'S REPORT, ITEM NUMBER EIGHT. NEXT IS THE PLEDGE. I'LL LEAD US IN THE PLEDGE. PLEASE STAND. PLEASE JOIN ME IN THE PLEDGE TO OUR FLAG. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. [APPROVAL OF MINUTES] NEXT IS APPROVAL OF THE MINUTES. THE MINUTES OF THE REGULAR MEETING HELD FEBRUARY 11TH OF 25. SPECIAL MEETING HELD FEBRUARY 2020. FIFTH OF 25. REGULAR MEETING HELD FEBRUARY 25TH OF 25. REGULAR MEETING HELD MARCH 4TH OF 25. SPECIAL MEETING DATED MARCH 18TH OF 25 AND SPECIAL MEETING HELD MARCH 25TH OF 25. DID I SAY 85 ON ONE OF THOSE? NO. OKAY. SO MOVED. SECOND. PLEASE VOTE. THAT PASSES UNANIMOUSLY. NEXT IS PRESENTATIONS. IT'S MY PLEASURE TO ASK OUR CITY CLERK TO PRESENT THE FIRST PRESENTATION OR PRESENTATION TO TAMMY [PRESENTATIONS] MCMINN. SHORT TIMERS ATTITUDE. OKAY. TAMMY, RETIREMENT IS A SIGNIFICANT MILESTONE IN ANYONE'S LIFE. IT'S A TRANSITION INTO AN EXCITING NEW CHAPTER THAT LETS YOU DETERMINE WHERE YOU GO AND WHAT YOU DO ON YOUR TERMS. YOU AND I HAVE BEEN COLLEAGUES AND FRIENDS PRETTY MUCH SINCE YOU STARTED WITH THE CITY. WE'VE WITNESSED AND BEEN A PART OF CARLSBAD'S GROWTH AND ITS MANY CHANGES OVER THE YEARS. WORKING WITH YOU HAS BEEN A PLEASURE. THE VALUE YOU ADDED DURING YOUR TIME HERE, ESPECIALLY WITH YOUR WILLINGNESS TO ASSIST AND YOUR KINDNESS WILL BE MISSED. SO FOR ME, AS I MADE THE RETIREMENT TRANSITION SEVERAL YEARS AGO, MY WISH FOR YOU IS THAT INCLUDES MORE OF THE THINGS THAT YOU ENJOY AND NONE OF THE THINGS THAT YOU DON'T. AND NOW I'LL READ THE PROCLAMATION. WHEREAS TAMMY MCMAHON HAS LED A DISTINGUISHED CAREER AS A PUBLIC SERVANT FOR 18 YEARS, INCLUDING EIGHT YEARS WITH THE CITY OF CARLSBAD CITY CLERK'S OFFICE, MOST RECENTLY SERVING AS SENIOR DEPUTY CITY CLERK. AND WHEREAS, TAMMY, AFTER CAREFUL CONSIDERATION, HAS DECIDED TO RETIRE FROM THE CITY. SHE HAS FAITHFULLY SERVED. AND. WHEREAS TAMMY HAS BEEN A DEDICATED EMPLOYEE AND IS BEST KNOWN FOR HER LOVE OF EVERYTHING DISNEY, ALL THINGS PINK AND HER COLLECTION OF STANLEY CUPS. FOR CRYING OUT LOUD. AND WHEREAS TAMMY HAS PLAYED A KEY ROLE IN MANY CITY FUNCTIONS, SUCH AS HELPING MAINTAIN THE CITY'S BOARD AND COMMISSION RECRUITMENT PROCESS WHILE IN THE CITY'S CLERK'S OFFICE, ASSISTING IN FINALIZING BUDGET DOCUMENTS WHILE IN THE FINANCE DEPARTMENT AND SERVING AS THE PLANNING COMMISSION CLERK WHILE IN THE PLANNING DEPARTMENT. AND WHEREAS, TAMMY HAS PROFOUNDLY IMPACTED THE CITY CLERK'S OFFICE STAFF MEMBERS THROUGHOUT THE CITY'S VARIOUS DEPARTMENTS AND MEMBERS OF THE PUBLIC, SHE SERVED THROUGH HER DEDICATION TO WORK AND HER UNWAVERING COMMITMENT TO MAKING CARLSBAD AN EXCEPTIONAL PLACE. NOW, THEREFORE, I, CITY CLERK SHERRY FRISINGER, DO HEREBY TAKE GREAT PRIDE AND PLEASURE IN OFFERING MY PERSONAL CONGRATULATIONS, THANKS, AND APPRECIATION, AS WELL AS THOSE OF THE CITY COUNCIL AND THE RESIDENTS OF CARLSBAD TO TAMMY MCMAHON FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CARLSBAD AND EXTEND OUR VERY BEST WISHES FOR THE FUTURE. I WASN'T GOING TO CRY, THAT'S WHAT I DO. GOOD EVENING, ESTEEMED MAYOR, COUNCIL MEMBERS AND STAFF, THANK YOU FOR THE HONOR OF PRESENTING THIS PROCLAMATION TO ME [00:05:01] TONIGHT AND FOR SHARING IN THIS MILESTONE OCCASION WITH ME. FOR OVER 18.5 YEARS, I HAVE ENJOYED MY TIME WITH THE CITY, THE STAFF, AND SERVING THE RESIDENTS OF CARLSBAD. I HAVE GROWN BOTH PROFESSIONALLY AND PERSONALLY AND TREASURE ALL THE LIFELONG FRIENDS I HAVE MADE. THANK YOU TO THOSE OF YOU WHO BELIEVED IN ME AND GAVE ME A CHANCE TO SUCCEED AND EXCEL IN MY CAREER. I APPRECIATE HAVING THE OPPORTUNITY TO MAKE A DIFFERENCE WITHIN THE CARLSBAD COMMUNITY. I WANT TO PERSONALLY THANK MY FAMILY AND FRIENDS WHO ARE HERE TONIGHT, WHO HAVE ALWAYS SUPPORTED ME AND CHEERED ME ON. YOUR SUPPORT THROUGH THE YEARS HAS BEEN INCREDIBLE AND HAS MEANT MORE THAN YOU KNOW. AS I GO ON TO THE NEXT CHAPTER OF LIFE WITH LESS STRESS AND MORE PEACE, I HOPE TO CONTINUE MY EXPERIENCE WITH PUBLIC SERVICE IN SOME CAPACITY AND HOPEFULLY BABYSITTING MY GRANDBABIES A LITTLE BIT MORE. I LOOK FORWARD TO STAYING CONNECTED TO THE CARLSBAD COMMUNITY AND WISH THE CITY CONTINUED SUCCESS IN THE FUTURE. THANK YOU. [APPLAUSE] TAMI, WE KNOW WHERE TO FIND YOU WHEN IT'S PICTURE TIME. NEXT IS PROCLAMATION FOR RECOGNITION OF THE 250TH ANNIVERSARY FOR THE START OF THE AMERICAN REVOLUTION. AND I INVITE COUNCIL MEMBER MELANIE BURKHOLDER TO PRESENT THAT. GREAT. THANK YOU, MAYOR, AND I WILL INVITE MISS KELLY [INAUDIBLE] UP TO SAY A FEW WORDS AFTER I READ THE PROCLAMATION OF THE 250TH ANNIVERSARY OF THE START OF THE AMERICAN REVOLUTION. WHEREAS THE FIRST BATTLE OF THE AMERICAN REVOLUTION TOOK PLACE ON APRIL 19TH, 1775, WHEN COLONISTS IN MASSACHUSETTS DEFIED BRITISH AUTHORITY IN LEXINGTON AND CONCORD. AND WHEREAS THE INITIAL BATTLE BECAME KNOWN AS THE SHOT HEARD ROUND THE WORLD, AND SYMBOLIZED THE COLONISTS WILL TO DEFEND THEIR LIBERTIES AND FIGHT FOR INDEPENDENCE. AND WHEREAS THE SACRIFICE OF THESE PATRIOTS ULTIMATELY LED TO AMERICAN INDEPENDENCE, WITH THE SIGNING OF THE DECLARATION OF INDEPENDENCE ON JULY 4TH, 1776. WHEREAS IT IS FITTING THAT THE CITY OF CARLSBAD, ON THE 250TH ANNIVERSARY OF THE START OF THE AMERICAN REVOLUTION, ENCOURAGES THE RECOGNITION AND REMEMBRANCE OF ONE OF THE MOST PIVOTAL MOMENTS IN AMERICAN HISTORY. AND WHEREAS THE CITY OF CARLSBAD HEREBY JOINS CITIES THROUGHOUT THE UNITED STATES IN HONORING THE MANY EVENTS THAT LED TO THE FORMATION OF OUR NATION AND CELEBRATING THE 250TH ANNIVERSARY OF AMERICAN INDEPENDENCE ON JULY 4TH, 2026. NOW, THEREFORE, I, COUNCIL MEMBER MELANIE BURKHOLDER, ON BEHALF OF THE MAYOR AND CITY COUNCIL, DO HEREBY COMMEMORATE THE 250TH ANNIVERSARY OF THE START OF THE AMERICAN REVOLUTION. [APPLAUSE] KELLY. THANK YOU, COUNCIL MEMBER BURKHOLDER AND MAYOR AND COUNCIL. ALL GLORY AND PRAISE TO GOD FOR THE GIFTS OF LIFE AND LIBERTY. IN THE SPIRIT OF THIS PROCLAMATION COMMEMORATING THE 250TH ANNIVERSARY OF THE BEGINNING OF THE AMERICAN REVOLUTION, WE RECOGNIZE THE UNALIENABLE RIGHTS OF MEN AND WOMEN ARE BESTOWED BY OUR CREATOR, SACRED AND INVIOLABLE. AMERICAN COLONISTS AND OUR FOUNDING FATHERS KNEW THIS, THEIR COURAGEOUS STAND FOR LIBERTY AND AGAINST THE TYRANNY OF THE FORMIDABLE BRITISH EMPIRE IGNITED THE AMERICAN REVOLUTION WITH THE FIRST SHOTS FIRED AT THE BATTLES OF LEXINGTON AND CONCORD ON APRIL 19TH, 1775. 250 YEARS AGO THIS WEEK, I SINGER DECLARED, WHEN A DAY PASSES, IT IS NO LONGER THERE. WHAT REMAINS OF IT? NOTHING MORE THAN A STORY. IF STORIES WEREN'T TOLD, MAN WOULD LIVE LIKE THE BEASTS. ONLY FOR THE DAY. THIS REMINDS US TO HONOR THE ENDURING TALE OF OUR COUNTRY, THAT WE MUST TELL THAT STORY, LEST IT BE FORGOTTEN. ABRAHAM LINCOLN AFFIRMED THIS. THE RECORD OF OUR FOUNDERS STRIVING AND THE NATION THEY BUILT IS OUR SHARED INHERITANCE AND REMAINS A BEACON NOT FOR ONE PEOPLE OR ONE TIME, BUT FOR ALL PEOPLE, FOR ALL TIME. CALLING EVERY CITIZEN TO UPHOLD THE SACRED DUTY OF SAFEGUARDING LIBERTY AGAINST TYRANNY. THANK YOU, MAYOR BLACKBURN AND CITY COUNCIL FOR EMBRACING THIS TRIBUTE. CELEBRATING THE SEMIQUINCENTENNIAL. A GROUP OF CARLSBAD CITIZENS HAVE BANDED TOGETHER UNDER THE NAME CARLSBAD, USA 250 TO CELEBRATE THIS ONCE IN A LIFETIME EVENT. PLEASE JOIN US. VISIT OUR WEBSITE AT CARLSBADUSA250.COM. THANK YOU AND GOD BLESS AMERICA. [APPLAUSE] KELLY, WILL YOU JOIN US FOR A PHOTO AT THE IN THE FRONT? WE MAY HAVE TO STAND BACK HERE. [00:12:48] NEXT IS PUBLIC COMMENT. I HAVE TO READ THE FOLLOWING. [PUBLIC COMMENT] 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 THAT'S UNDER CONSIDERATION. INFORMATION ON HOW TO PARTICIPATE IN THE MEETING IS ON THE FRONT PAGE OF THIS AGENDA. CITY COUNCIL RECEIVE NON-AGENDA PUBLIC COMMENTS FOR A TOTAL OF 15 MINUTES AT THE BEGINNING OF THE MEETING. CITY COUNCIL 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 NON AGENDA ITEMS. WHEN MAKING YOUR COMMENTS, PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT. WE WELCOME CLAPPING DURING THE CEREMONIAL PRESENTATIONS AT THE BEGINNING OF THE CITY COUNCIL MEETING. HOWEVER, WE ASK THAT YOU REFRAIN FROM CLAPPING DURING THE BUSINESS SECTION OF THIS MEETING, STARTING WITH THE NON-AGENDA PUBLIC COMMENT. THIS WILL HELP MAKE SURE THAT THE PEOPLE'S BUSINESS CAN BE CONDUCTED EFFICIENTLY, AND THAT THIS CHAMBER IS A PLACE WHERE ALL POINTS OF VIEW ARE WELCOMED AND RESPECTED. THE CLERK WILL CALL YOUR NAME. PLEASE COME UP TO THE PODIUM. YOU HAVE THREE MINUTES AT THE 2.5 MINUTE MARK THE PODIUM WILL TURN YELLOW, GIVING YOU NOTICE THAT YOU ONLY HAVE 30 SECONDS LEFT. AND I'VE ASKED THE CLERK TO TURN OFF THE MICROPHONE. AT THE CONCLUSION OF THREE MINUTES. THAT WAY EVERYBODY GETS EXACTLY THE SAME AMOUNT OF TIME TO SPEAK. PLEASE CALL THE FIRST SPEAKER, MIKE BORRELLO, FOLLOWED BY DIANA RICKER. GOOD EVENING, MAYOR AND COUNCIL. SO 250 YEARS, NOT LONG AGO, IT IS A TIME TO CELEBRATE THIS ANNIVERSARY. BUT IT'S ALSO A TIME TO REFLECT. EVEN BEFORE THE INK WAS DRY ON THAT BEAUTIFUL DOCUMENT, FORCES WERE HARD AT WORK TO SEE OUR DREAM OF INDEPENDENCE FAIL. FREEDOM IS NOT FREE. IT REQUIRES DUTY. WE ONCE HAD GRIT. WE ONCE RECOGNIZED TYRANNY FOR WHAT IT IS. WE ONCE FACED DOWN EVIL. WE ONCE ACCEPTED THAT DUTY. WHAT ARE WE TODAY? 1776 SAW THE AMERICAN REBELLION AGAINST OPPRESSIVE TAXATION WITHOUT REPRESENTATION. [00:15:03] 250 YEARS LATER. A MORE SUBTLE TYRANNY LURKS, INTRICATELY THREADED THROUGH SOCIETY BY A CARTEL OF GOVERNMENT, BUREAUCRACY, MEDIA AND CORPORATIONS, BUT NOT ARMED WITH POINTED BAYONETS. THEN THE CROWN CONFISCATED PAMPHLETS. TODAY'S DISSENT IS MET WITH CENSORSHIP AND MARXIST PSYCHOLOGICAL CONTROL OVER SOCIAL AND POLITICAL DIVISION, SURREPTITIOUSLY CLAIMING TO UNITE. THE TYRANNY OF 1776 WAS OVERT. TODAY IT CRAFTS COMPLIANCE WITHOUT BLOODSHED, BUT NO LESS PAINFUL. TAXATION UNDER THE GUISE OF MANY NAMES ERODES OUR LIBERTY, OUR LIVELIHOOD, WITHOUT TRUE CONSENT, AS WE ARE TOLD, IT'S FOR THE GREATER GOOD. WE ARE MANIPULATED BY FEAR, OSTRACISM, JOB LOSS, AND DIGITAL EXILE, WHILE OUR RESOURCES ARE SIPHONED THROUGH POLITICAL SLEIGHT OF HAND. WE ARE TOLD YOU WILL OWN NOTHING AND BE HAPPY. LIBERTY CAN ENDURE, BUT ONLY IF WE ACTIVELY DEFEND IT. THE FOUNDERS FOUGHT TYRANNY WITH MUSKETS. WE SHOULD SEEK RATHER TO CONQUER BY VOICE, PEN AND LAWSUIT. WE ARE STILL FREE, AT LEAST ON PAPER. SPEAK BOLDLY AND COURAGEOUSLY IN TOWN HALLS AGAINST CENSORSHIP AND UNCHECKED GROWTH OF A BLOATED, WASTEFUL AND ABUSIVE GOVERNMENT. WRITE TRUTHS OF THEIR FISCAL OVERREACH. SUE TO CHALLENGE THEIR UNCONSTITUTIONAL LAWS. THE COURTROOMS ARE OUR LEXINGTON. THE SPIRIT OF 76 DEMANDS VIGILANCE, NOT VIOLENCE. IF WE RISE, AS OUR FOREBEARS DID AGAINST THIS COVERT TYRANNY, WE CAN RECLAIM FREEDOM IN THE FLESH. ENSURING AMERICA'S NEXT 250 YEARS WILL BURN AS FIERCELY AS ITS FIRST. THANK YOU. THE MEETING STARTED SO LIVELY, AND I ALMOST, YOU KNOW, I HAVE TO BRING THIS UP BECAUSE IT'S HAPPENING TO ME. IT'S NOT HAPPENING TO YOU, BUT IT'S HAPPENING TO ME. DIANA, YOU TALKED A LITTLE BIT CLOSER TO THE MICROPHONE. THANK YOU. THIS IS REALLY HAPPENING TO ME. I'VE BEEN A VICTIM OF CYBER STALKING AND WORSE FOR OVER FIVE YEARS. MY PHONE IS COMPROMISED. MY. MY VEHICLE HAS A TRACKER IN IT. IF THEY PULL IT OUT, THEY'LL PUT ANOTHER ONE RIGHT BACK IN. IF THEY TELL ME WE CAN'T FIX YOUR PHONE, THE APPLE STORE WILL TELL ME WE CAN'T FIX YOUR PHONE. YOU HAVE TO GET A WHOLE NEW PHONE. I'LL GET A WHOLE NEW PHONE. AND TWO DAYS LATER, THAT PHONE WILL BE COMPROMISED. I'VE. EVERYWHERE I GO, I'M BEING MONITORED. THE CAMERAS ARE NOT JUST OUTSIDE IN THE SHRUBBERY. THE CAMERAS ARE INSIDE MY HOME. THEY'RE INSIDE MY HOME. I'M NOT. I'M NOT ASKING YOU TO SIT AT THE LUNCH TABLE WITH ME. I'M NOT ASKING YOU TO RIDE IN THE BACK OF THE BUS WITH ME. I'M JUST ASKING YOU TO HELP ME. I'VE GONE EVERYWHERE. I'VE KNOCKED ON EVERY DOOR. I DON'T HAVE THE MONEY TO HIRE THOSE SWEEPS FOR YOUR HOME. I DON'T I DON'T EVEN KNOW WHERE THE CAMERAS ARE AT. BUT THEY'RE IN MY HOME. THEY'RE WATCHING ME. THEY'RE WATCHING US. THERE'S. I WAS TOLD BY THE CARLSBAD POLICE DEPARTMENT FORENSICS DEPARTMENT THAT THERE'S AN, THAT I HAVE AN OPEN NETWORK. I DON'T HAVE AN OPEN WI-FI NETWORK, BUT IT'S THERE. IT'S THERE. WHAT IS IT DOING THERE? THERE. THERE ARE TOOLS THAT THE CARLSBAD POLICE DEPARTMENT HAS TODAY THAT WOULD BE ABLE TO HELP ME. IT WOULD PUT A STOP TO THIS. I'M NOT I'M NOT COMING HERE TO COMPLAIN ABOUT WATER PRICES OR RENT PRICES. I JUST WANT TO BE SAFE. I'M NOT SAFE. ME AND MY CHILDREN ARE NOT SAFE. WE ARE BEING TARGETED. THAT'S ALL I WANT. I JUST WANT A THOROUGH INVESTIGATION INTO THIS MATTER. THANK YOU. JOHN DOOGAN, FOLLOWED BY PATRICE SMERDON. [00:20:20] GOOD EVENING, AND THANK YOU FOR YOUR SERVICE. THANKS FOR ALLOWING ME TO BE HEARD. I'M ACTUALLY HERE THIS EVENING TO SPEAK ABOUT THE PONTO DEVELOPMENT PROGRAM. I LIVE IN THAT COMMUNITY OVER ON AVENIDA ENCINAS. AND I ALSO WANT TO THANK YOU FOR SOMETHING THAT WE'VE SPOKEN TO YOU ABOUT IN THE PAST. AND THAT WAS YOU'RE ALL VERY MUCH AWARE, I'M SURE, OF THE MOTEL SIX OVER THERE, WHICH WAS A BIG PROBLEM. AND A FEW YEARS AGO, WE ASKED FOR YOUR ASSISTANCE, AND YOU GUYS ACTED REALLY QUICKLY. AND SPECIFICALLY PRIYA, THANK YOU. WE'RE ABLE TO PUT UP PARKING IN PLACE, SO IT ACTUALLY MADE A TREMENDOUS IMPACT ON OUR COMMUNITY RIGHT THERE. IT'S A LOT SAFER. AND WE WANT TO CONTINUE TO MAKE THE COMMUNITY A BETTER PLACE. SO I'M HERE TONIGHT TO ACTUALLY TALK ABOUT POTENTIALLY SOME ALTERNATIVES FOR THE DEVELOPMENT PLAN. WE'VE MET WITH A NUMBER OF YOUR MEMBERS. I'VE ACTUALLY BEEN FOLLOWING THIS SINCE THE BEGINNING. INITIALLY, THE DEVELOPMENT PLAN WAS BEAUTIFUL AND THERE WAS LOTS OF OPEN SPACE. MINIMAL APARTMENTS. AND NOW YOU'RE VERY MUCH AWARE, HD FENTON IS BUILDING THE 85 UNITS THERE RIGHT NOW, AND I FEEL THAT THAT PROBABLY IS ENOUGH. BUT I'M UNDER THE UNDERSTANDING THAT THEY'RE TRYING TO PUT AN ADDITIONAL 102 UNITS THERE. I THINK THERE'S A LOT BETTER USE FOR THE, THE SPACE SPECIFICALLY PARK DEVELOPMENT AND IF NOT PARK, I FEEL THAT WE CAN PUT ANYTHING THERE OTHER THAN 102 UNITS. IN ADDITION TO THE 85 THAT ARE ALREADY THERE AND LESS THAN A HALF MILE AWAY, THERE IS A DEVELOPMENT THAT WAS JUST BUILT, THE TRITON APARTMENTS, AND THEY'RE VERY HIGH END APARTMENT COMPLEX, 5 TO $8000 A MONTH, AND THEY'RE STILL VACANT. SO TO PUT ADDITIONAL UNITS IN A PLACE THAT COULD BE USED FOR OPEN SPACE I FEEL IS VERY UNNECESSARY. AND I FEEL THAT THE PEOPLE FOR PONTO HAVE BEEN WORKING ON THIS ISSUE FOR A NUMBER OF YEARS, AND THEY'VE ACTUALLY REACHED OUT TO THE LAND NATIONAL LAND TRUST ALLIANCE, AND THEY'VE AGREED TO HELP PURCHASE AND USE SOME FUNDS TO LEAVE THIS FOR OPEN SPACE OR ANYTHING. HONESTLY, ANYTHING OTHER THAN 102 APARTMENTS FOR PEOPLE WHERE PEOPLE WOULD BE MORE TRANSIENT AND NOT HAVE AN EFFECT ON THE COMMUNITY, THAT WOULD BE POSITIVE. SO I'D JUST URGE YOU TO EXPLORE POSSIBLY PURCHASING THE PROPERTY OR DOING A LAND SWAP WHERE WE COULD PUT SOMETHING IN THERE THAT WOULD BE MORE USEFUL FOR THE COMMUNITY. AND ESSENTIALLY, I KNOW YOU GUYS HAVE BEEN WORKING ON THIS FOR A LONG TIME, SO HOPEFULLY THERE'S SOMETHING WE CAN DO AT THIS POINT. AND I THANK YOU FOR ALL YOUR PARTICIPATION IN HELPING THE COMMUNITY. AND HOPEFULLY WE CAN DO SOMETHING TO DEVELOP PONTO RIGHT. SIR AT THE BACK OF THE ROOM IS GEOFF MURPHY. HE'S THE ONE WAVING HIS HAND. TALK TO HIM AND YOU CAN GET MORE DETAILS. OKAY. WONDERFUL. THANK YOU. APPRECIATE IT. GOOD EVENING, MAYOR AND COUNCIL MEMBERS. I JUST WANTED TO TAKE A MINUTE TO THANK ALL OF YOU FOR YOUR CONTINUED SUPPORT OF COMMUNITY GARDENS. COUNCIL MEMBER ACOSTA, YOU MIGHT LIKE TO HEAR WE'VE HAD TEN ADDITIONAL SIGNUPS FOR BEDS AT YOUR NEW GARDEN JUST SINCE YESTERDAY. SO OBVIOUSLY STILL A LOT OF DEMAND, BUT A TREMENDOUS BENEFIT IN MANY WAYS TO THE CITY, NOT JUST TO THE GARDENERS WHO GET TO BENEFIT, BUT TO OUR CITY STUFF KIDS WHO COME. WE SUPPORT THE GROW YOUR GARDEN PROGRAM, THE LIBRARY, SEED LIBRARY, AND OTHER THINGS THAT THAT ARE REALLY HELP THROUGH THE COMMUNITY GARDENS. ON THURSDAY, WE HAVE A GROUP OF GIRL SCOUTS COMING TO PINE GARDEN TO LEARN ABOUT GARDENING. SO NOT JUST THE GARDENERS, BUT REALLY ALL OF THE COMMUNITY IS BENEFITS BY THE COMMUNITY GARDENS, I THINK. MAYOR BLACKBURN, I JUST WANT TO THANK YOU FOR YOUR KINDNESS YESTERDAY AND HAVING ME INCLUDED IN THE RIBBON CUTTING FOR THE NEW GARDEN. I THOUGHT A LOT ABOUT DAD OVER THESE FEW DAYS. [00:25:05] HE WOULD PROBABLY BE SHOCKED. BUT CERTAINLY AMAZED AT WHAT THE CITY HAS DONE TO SUPPORT COMMUNITY GARDENS. AND I JUST WANT TO THANK YOU. THERE ARE NO ADDITIONAL SPEAKERS. THANK YOU. NEXT IS CITY ATTORNEY. DO YOU HAVE ANYTHING TO REPORT OUT ON? [PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION] CLOSED SESSION? THANK YOU, MAYOR. AT A CLOSED SESSION THIS AFTERNOON, THE CITY COUNCIL VOTED THREE TWO, WITH COUNCIL MEMBERS BHAT-PATEL AND BURKHOLDER VOTING NO TO AUTHORIZE THE CITY ATTORNEY TO INITIATE LITIGATION IN ONE CASE. AFTER THE LITIGATION HAS FORMALLY COMMENCED. THE CASE, THE DEFENDANTS AND THE OTHER PARTICULARS WILL BE DISCLOSED UPON INQUIRY UNLESS DISCLOSURE WOULD JEOPARDIZE THE CITY'S ABILITY TO SERVE THE LITIGATION OR CONCLUDE EXISTING SETTLEMENT NEGOTIATIONS TO THE CITY'S ADVANTAGE. THANK YOU. NEXT IS CONSENT CALENDAR ITEMS ONE, TWO AND THREE. [CONSENT CALENDAR] DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS. ANY QUESTIONS OR COMMENTS ON THOSE ITEMS? MOTION, PLEASE. MOVE CONSENT ITEMS ONE THROUGH THREE. SECOND. PLEASE VOTE. PASSES. UNANIMOUSLY. ITEM NUMBER FOUR. [4. ORDINANCE NO. CS-489 – RENEWING THE CARLSBAD POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY] ON THAT ONE, WE CAN GO DIRECTLY TO A VOTE AFTER I ASK FOR SPEAKER. DO WE HAVE ANY PUBLIC SPEAKERS ON THAT? THERE ARE NO SPEAKERS. OKAY. MOTION ON ITEM NUMBER FOUR. SO MOVED. SECOND. PLEASE VOTE. THAT PASSES UNANIMOUSLY. ITEM FIVE. CITY MANAGER. ASSISTANT CITY MANAGER. [5. 2025 HAZARD REDUCTION PROGRAM ABATEMENT ] ITEM NUMBER FIVE IS A PUBLIC HEARING ITEM. IT'S THE 2025 HAZARD REDUCTION PROGRAM ABATEMENT. AND WE HAVE FIRE DIVISION CHIEF DARCY DAVIDSON GIVING THE PRESENTATION. GOOD EVENING, MR. MAYOR, AND MEMBERS OF CITY COUNCIL. I'M BRINGING BEFORE YOU TONIGHT A STAFF REPORT FOR THE SECOND PHASE OF OUR ANNUAL HAZARD REDUCTION PROGRAM FOR THE ABATEMENT OF PRIVATELY OWNED, VACANT PARCELS IN THE CITY. THIS IS THE SECOND OF THREE REPORTS RELATED TO THE HAZARD REDUCTION PROGRAM. IN BRIEF SUMMARY, THE CITY OF CARLSBAD CONDUCTS AN ANNUAL HAZARD REDUCTION PROGRAM TO ELIMINATE FIRE HAZARDS AND NUISANCES CAUSED BY THE ACCUMULATION OF DRY WEEDS AND RUBBISH ON VACANT LOTS. THE CARLSBAD FIRE DEPARTMENT COMPLETED ITS ANNUAL SURVEY AND IDENTIFIED 187 PARCELS THAT HAVE, OR ARE LIKELY TO HAVE POTENTIAL HAZARDS DURING THE DRIER MONTHS WHEN THE RISK OF FIRE INCREASES. CITY COUNCIL DECLARED THESE PARCELS PUBLIC NUISANCES ON MARCH 18TH. THE FOLLOWING DAY, NOTICES WERE MAILED TO PROPERTY OWNERS EXPLAINING THE CITY COUNCIL'S ACTIONS, DETAILING THE PROPERTY MAINTENANCE REQUIREMENTS AND THE NEEDS TO HAVE THEIR PROPERTIES OR THEIR PARCELS CLEARED PRIOR TO MAY 15TH. THE NOTICE ALSO PROVIDED INFORMATION FOR THE PUBLIC HEARING FOR TONIGHT, APRIL 15TH. WE NOW ASK THAT YOU HOLD A PUBLIC HEARING TO ALLOW PARCEL OWNERS THE OPPORTUNITY TO OBJECT TO THEIR PARCELS BEING INCLUDED IN THE HAZARD REDUCTION PROGRAM. WE THEN REQUEST THAT YOU ADOPT A RESOLUTION THAT AUTHORIZES THE FIRE DEPARTMENT'S ABATEMENT CONTRACTOR TO PERFORM MAINTENANCE ON ANY PARCELS THAT HAVE NOT BEEN ADEQUATELY, ADEQUATELY CLEARED IN ACCORDANCE WITH OUR STANDARDS AFTER THE MAY 15TH DEADLINE. THIS CONCLUDES MY REPORT. THANK YOU. I'M OPENING A PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS. CLOSING PUBLIC HEARING. ANY QUESTIONS OR COMMENTS FROM COUNCIL? MOTION FROM COUNCIL. MOVE. ADOPTION OF THE RESOLUTION. SECOND. PLEASE VOTE. THAT PASSES UNANIMOUSLY. THANK YOU. DARCY. ITEM SIX CITY MANAGER. THE NEXT PUBLIC HEARING ITEM IS CARLSBAD HOUSING AGENCY 2025 TO 2026 ANNUAL PLAN, [6. CARLSBAD HOUSING AGENCY 2025-26 ANNUAL PLAN, 2026-30 5-YEAR PLAN, AND REVISED ADMINISTRATIVE PLAN FOR HUD SUBMISSION ] THE 2026 TO 2035 YEAR PLAN AND REVISED ADMINISTRATIVE PLAN FOR HUD SUBMISSION. AND WE HAVE HOUSING SERVICES MANAGER CHRISTIAN GUTIERREZ GIVING THE PRESENTATION. GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS. SO TONIGHT, I'LL BE PRESENTING AN ITEM REQUESTING APPROVAL OF OUR FEDERALLY FUNDED REQUIRED HOUSING PLANS, WHICH GUIDE HOW WE ADMINISTER THE HOUSING CHOICE VOUCHER PROGRAM AND HOW WE SERVE FAMILIES IN THE CITY OF CARLSBAD. SO THIS ITEM REQUESTS A PUBLIC HEARING AND APPROVAL OF THREE PLANS. SO THE ANNUAL PLAN FOR 25, 20, 25 TO 26, THE FIVE YEAR PLAN FOR 2026 THROUGH 2030, AND THE REVISED ADMINISTRATIVE PLAN. SO THESE ARE REQUIRED BY THE US HOUSING AND URBAN DEVELOPMENT DEPARTMENT, OTHERWISE KNOWN AS HUD, AND THEY OUTLINE HOW WE INTEND TO ADMINISTER AND IMPROVE OUR HOUSING CHOICE VOUCHER PROGRAM FOR THE NEXT FEW YEARS. I'D LIKE TO ADD THAT THESE PLAN UPDATES WERE WERE REVIEWED AND RECOMMENDED FOR APPROVAL BY THE HOUSING COMMISSION. [00:30:02] HOUSING COMMISSION ON MARCH 13TH. SO THESE PLANS SERVE AS A FOUNDATIONAL GUIDE TO OUR AGENCY'S OPERATIONS. THEY ALIGN OUR LOCAL HOUSING STRATEGIES WITH HUD'S NATIONAL PRIORITIES, AND THEY ESTABLISH OUR POLICIES AND PROCEDURES AND ENSURE WE REMAIN ELIGIBLE FOR CONTINUED FEDERAL FUNDING. SO THE PLANS COMMUNICATE OUR GOALS AND APPROACH TO THE BROADER CARLSBAD COMMUNITY. SO THE FIVE YEAR PLAN FOCUSES ON LONG TERM STRATEGIC GOALS. OUR PRIORITIES INCLUDE APPLYING FOR ADDITIONAL VOUCHERS WHEN THEY BECOME AVAILABLE. CONTINUING TO MEET HUD'S PERFORMANCE AND PERFORMANCE BENCHMARKS, AND ADJUSTING OUR PAYMENT STANDARDS TO REQUIRE TO REQUEST TO REFLECT, EXCUSE ME, FAIR MARKET RENTS TO ENSURE WE STAY COMPETITIVE IN THE LOCAL RENTAL MARKET. THE. THE ANNUAL PLAN SUPPORTS OUR FIVE YEAR PLAN, AND IT INCLUDES SPECIFIC UPDATES TO THE CURRENT FISCAL YEAR. THE MAIN UPDATE FOR THIS CYCLE IS A SLIGHT INCREASE IN FINANCIAL RESOURCES, WHICH HELPS THE PROGRAM OPERATIONAL COSTS AND ENSURING WE SERVE THE SAME NUMBER OF HOUSEHOLDS WITHOUT REDUCING ASSISTANCE. SO TRANSITIONING OVER TO THE REVISED ADMINISTRATIVE PLAN UPDATE. THE ADMIN PLAN IS REQUIRED BY HUD. REQUIRES EVERY HOUSING AGENCY TO MAINTAIN A LOCAL ADMINISTRATIVE PLAN. THIS DOCUMENT OUTLINES OUR INTERNAL POLICIES AND HOW WE IMPLEMENT THE VOUCHER PROGRAM. THE REVISED PLAN REFLECTS REGULATORY UPDATES, IMPROVES ADMINISTRATIVE CLARITY, AND STRENGTHENS ACCESSIBILITY FOR OUR PARTICIPANTS. SO SOME KEY UPDATES IN THIS YEAR'S ADMINISTRATIVE PLAN INCLUDE EXTENDING THE VOUCHER TERM TO 90 DAYS, GIVING PARTICIPANTS MORE TIME TO FIND AND SECURE HOUSING, IMPLEMENTING A NEW HOUSING QUALITY STANDARDS. THAT'S EFFECTIVE OCTOBER OF 2025. AND IN ADDITION, ADDING A NEW POLICY ALLOWING. ELDERLY AND DISABLED HOUSEHOLD HOUSEHOLDS WITH FIXED INCOME TO RECERTIFY EVERY. THREE YEARS VERSUS ANNUALLY. AND THIS IS GOING TO REDUCE THE ADMINISTRATIVE BURDEN THAT THEY FACE. SO PENDING THE COMMISSION'S APPROVAL, STAFF WILL FINALIZE AND SUBMIT THESE PLANS TO HUD. WE'LL INCLUDE ANY PUBLIC COMMENTS FROM TODAY'S HEARING, ENSURING OUR PLAN REFLECTS BOTH THE COMPLIANCE AND COMMUNITY INPUT. SO THE RECOMMENDATION IS TO FOR THE COMMISSION TO ADOPT TWO RESOLUTIONS, THE FIRST, APPROVING THE 2025 TO 26 ANNUAL PLAN AND THE 2026 TO 2035 YEAR PLAN FOR SUBMISSION TO HUD. AND THE SECOND IS APPROVING THE REVISED ADMINISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM FOR SUBMISSION TO HUD AS WELL. SO THESE ACTIONS WILL KEEP US ALIGNED WITH HUD REQUIREMENTS AND ENSURE THAT WE ARE CONTINUING TO SUPPORT OUR LOW INCOME FAMILIES THAT WE SERVE. SO THAT CONCLUDES THE PRESENTATION. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. OPENING PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS. CLOSING PUBLIC HEARING QUESTIONS OR COMMENTS FROM COUNCIL. MOTIONS FROM COUNCIL. MOVE. ADOPTION OF BOTH RESOLUTIONS. SECOND. PLEASE VOTE. IT PASSES UNANIMOUSLY. THANK YOU. OKAY. WE'RE GOING TO TAKE A TEN MINUTE BREAK BECAUSE WE HAVE TO SET UP THE NEXT PRESENTATION. WE'LL RECONVENE AT A QUARTER TO SIX. ALL RIGHT, WE'RE READY TO START. IS THAT CORRECT? OKAY. PLEASE. [7. STATE HOUSING LAW AND LEGISLATION] OKAY. THIS ITEM IS THE STATE HOUSING LAW AND LEGISLATION PRESENTATION. AND WE HAVE CITY ATTORNEY CINDY MCMAHON, COMMUNITY DEVELOPMENT DIRECTOR JEFF MURPHY, AND INTERGOVERNMENTAL AFFAIRS DIRECTOR JASON HABER TO KICK OFF THE PRESENTATION. AND I'LL GO AHEAD AND START. THANK YOU VERY MUCH. FIVE YEARS AGO, AFTER SIGNIFICANT CHANGES IN STATE LAW, THE CITY COUNCIL HOSTED A HOUSING UPDATE PROGRAM. SINCE THEN, THERE HAVE BEEN MANY OTHER SIGNIFICANT CHANGES IN STATE HOUSING LAW. AND AS YOU WILL HEAR, THERE ARE MORE POTENTIAL CHANGES CURRENTLY BEING CONSIDERED BY THE STATE LEGISLATURE. THIS ITEM IS TO GIVE THE CITY COUNCIL AND THE PUBLIC AN OPPORTUNITY TO CATCH UP ON THE CHANGES. HEAR MORE ABOUT WHAT CHANGES MAY BE COMING AND HIGHLIGHT THE CITY'S LEGISLATIVE ADVOCACY EFFORTS. PRESENTING THE LEGAL UPDATE PORTION OF THE PROGRAM WILL BE MARGARET SAHAJI OF MEYERS NAVE. [00:35:03] MISS SAHAJI IS A WELL KNOWN ATTORNEY WHOSE PRACTICE FOCUSES ON LAND USE AND ENVIRONMENTAL LAW. SHE HAS REPRESENTED THE CITY IN THESE MATTERS FOR MANY YEARS, AND FREQUENTLY PROVIDES TRAINING PROGRAMS ON THESE MATTERS FOR LAWYERS AND JUDGES THROUGHOUT THE STATE. PRESENTING THE LEGISLATIVE UPDATE PORTION OF THE PROGRAM IS SHARON GONSALVES OF CALIFORNIA PUBLIC POLICY GROUP, THE CITY'S STATE LOBBYIST. MISS GONSALVES IS ALSO WELL KNOWN IN HER FIELD, AND SHE AND HER FIRM HAVE WORKED WITH THE CITY SINCE THE CITY FOUNDED ITS LEGISLATIVE SUBCOMMITTEE IN INTERGOVERNMENTAL AFFAIRS. FUNCTION. TO INCREASE THE CITY'S VOICE IN LEGISLATIVE MATTERS AT ALL LEVELS OF GOVERNMENT. ALSO ASSISTING WITH QUESTIONS AND LOGISTICS ARE INTERGOVERNMENTAL AFFAIRS DIRECTOR JASON HABER AND COMMUNITY DEVELOPMENT DIRECTOR JEFF MURPHY AND TYSON SOHAGI WITH MEYERS NAVE. ALTHOUGH THE TOPICS OF HOUSING LAW AND LEGISLATION COULD REASONABLY TAKE MULTIPLE DAYS TO COVER. I HAVE ASKED MS. SOHAGI AND MISS GONSALVES TO KEEP THEIR COMBINED REMARKS TO ABOUT AN HOUR. CONSEQUENTLY, THEY WILL BE FOCUSING ON ONLY A SMALL SUBSET OF NEW LAWS AND PENDING LEGISLATION, AND THEY WILL NOT BE DISCUSSING ANY PENDING CITY PROJECTS OR PENDING LITIGATION INVOLVING THE CITY. FOR THOSE WHOSE APPETITE IS WHETTED BY THIS PROGRAM AND WANT TO LEARN MORE FOLLOWING THE PRESENTATION, ADDITIONAL INFORMATION ON STATE HOUSING LAW IS AVAILABLE IN INFORMATIONAL BULLETINS POSTED ON THE COMMUNITY DEVELOPMENT DEPARTMENT'S WEB PAGE, AND ADDITIONAL INFORMATION ON THE CITY'S LEGISLATIVE ADVOCACY EFFORTS IS AVAILABLE ON THE LEGISLATIVE SUBCOMMITTEES WEB PAGE. AND WITH THAT, THANK YOU FOR YOUR ATTENTION. AND I WILL TURN THE PRESENTATION OVER TO MS. SOHAGI. MR. MAYOR, MEMBERS OF CITY COUNCIL. GOOD EVENING. THANK YOU FOR INVITING ME FOR A WHIRLWIND TOUR OF WHERE WE ARE ON HOUSING LEGISLATION THAT'S CURRENTLY ON THE BOOKS. THERE'S A PROJECTED NEED RIGHT NOW FOR AN ADDITIONAL 180,000 NEW UNITS IN CALIFORNIA ANNUALLY. SO WHAT HAS BEEN THE LEGISLATURE'S RESPONSE? I THINK, YOU KNOW, IT HAS BEEN A BEVY OF NEW HOUSING LAWS THAT FUNDAMENTALLY CHANGE HOW HOUSING IS PRODUCED AND HOW IT'S PRODUCED AT THE LOCAL LEVEL. IT MEANS LESS DISCRETION AT THE CITY OF CARLSBAD LEVEL, DEFINITELY LESS. SO WE'RE GOING TO BE LOOKING TONIGHT AT A BRIEF OVERVIEW, AS CINDY SAID OF THE PROCESS AND GIVING YOU EXAMPLES. I ALMOST VIEW THEM AS HOUSING PRODUCTS THAT A HOUSING DEVELOPER MIGHT REVIEW BEFORE COMING TO THE CITY TO SEE WHERE THERE'S A BEST FIT. AGAIN, IN BRIEFLY 30 MINUTES. SO WE'RE GOING TO FOCUS ON SOME CATEGORIES. EXEMPTIONS FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE HOUSING ACCOUNTABILITY ACT I HAVE SOME CHANGES THAT I'D LIKE TO HIGHLIGHT FOR YOU WITH RESPECT TO THAT CHANGES IN THE DENSITY BONUS LAW THAT'S SO PREVALENT WITHIN THE CITY. CHANGES IN MITIGATION FEES. AND THEN TALK A BIT. YOU KNOW, HERE'S THE STICK ENFORCEMENT AND LITIGATION. AND I DID BRING MY LITIGATION PARTNER, MR. SOHAGI, WHO IS IN THE COURT ON THESE CASES ON A FREQUENT LEVEL. SO LET'S START WITH SOMETHING THAT'S BEEN ON THE BOOKS FOR QUITE SOME TIME AND IS A USEFUL TOOL IN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THAT IS JUST CATEGORICAL EXEMPTIONS, WHERE THE STATE HAS SAID THERE ARE CERTAIN CATEGORIES OF PROJECTS THAT IF YOU FIT IN, YOU'RE EXEMPT, OF COURSE, SUBJECT TO EXCEPTIONS. SO FOR HOUSING, WE'VE TRADITIONALLY CALLED THIS A CLASS THREE, WHICH IS NEW CONSTRUCTION OF SINGLE FAMILY RESIDENCES OR MULTIPLE FAMILY RESIDENCES UP TO SIX UNITS. SOMETHING JEFF'S DEPARTMENT HAS PROBABLY USED OVER THE DECADES, ALONG WITH A CLASS 32, WHICH IS FOR INFILL EXEMPTIONS. AND AGAIN, THESE HAVE LIMITATIONS BECAUSE THEY'RE CATEGORIES AND JUST CATEGORIES. WE'VE ALSO HAD A LOT OF STATUTORY EXEMPTIONS ON THE BOOKS FOR YEARS. THEY STARTED WITH EXCITING PROJECTS LIKE THE NAPA VALLEY WINE TRAIN. SOMEBODY GOES TO THE LEGISLATURE SAYS, WE DON'T WANT TO DO CEQA ON THIS, AND THE LEGISLATURE AGREES. OR THE 1984 OLYMPICS IN LA WAS STATUTORILY EXEMPT FROM CEQA. WHAT WE SEE NOW IS MANY STATUTORY EXEMPTIONS FOR HOUSING. OKAY. THERE'S A SERIES OF THESE EXEMPTIONS, AND I'VE JUST PICKED SOME THAT ADDRESS AFFORDABLE INFILL AND AGRICULTURAL HOUSING. EACH HAS CATEGORIES WITH THEIR OWN CRITERIA. SO FOR EXAMPLE, UNDER THIS BUCKET OF EXEMPTIONS, THE RESIDENTIAL INFILL EXEMPTION HAS IF THE PROJECT HAS TO HAVE NO MORE THAN FOUR ACRES AND NO MORE THAN 100 UNITS, [00:40:06] AND BE WITHIN HALF A MILE OF A MAJOR TRANSIT STOP. SO AS THE LEGISLATURE HAS CREATED THESE STATUTORY EXEMPTIONS FOR HOUSING, THEY'VE ASKED THEY'VE ADDED A LOT OF CRITERIA. THIS IS NOT WHAT WE SAW WHEN IT WAS THE NAPA VALLEY WINE TRAIN ERA. THE NEWEST WAVE, THOUGH, THAT YOU READ ABOUT IN PAPERS AND DEAL WITH AT PLANTING PLANNING COUNTERS THROUGHOUT THE STATE, FRANKLY, IS BLANKET EXEMPTIONS WHERE YOU HAVE NO DISCRETION AT THE CITY LEVEL. SO WE CALL THOSE MINISTERIAL PROJECTS, AND THERE ARE MANY OF THESE CATEGORIES. AND I'M GOING TO GIVE YOU A FEW EXAMPLES. SO THE FIRST EXAMPLE IS IN THE GOVERNMENT CODE. AND IT REQUIRES THAT WHEN YOU REZONE SITES AT A CITY LEVEL TO MEET YOUR REGIONAL HOUSING NEEDS ASSESSMENT, IF A PROJECT COMES IN TO ONE OF THOSE SITES, THOSE SITES HAVE WHAT WE CALL BUY RIGHT STATUS. THAT MEANS NO DISCRETION HERE AT THE CITY LEVEL IF THAT RESIDENTIAL PROJECT HAS AT LEAST 20% AFFORDABLE UNITS. SO YOU DISTILL IT DOWN, YOU PROCESS THAT HOUSING APPLICATION BY RIGHT AND NO DISCRETIONARY REVIEW. NO CEQA REVIEW. NOW, I DON'T WANT TO JUMP OVER AN IMPORTANT FACT THAT THERE ARE THERE'S TEETH TO THIS. IF YOU FAIL TO COMPLY WITH THIS REQUIREMENT, IT COULD RESULT IN A VIOLATION OF THE HOUSING ACCOUNTABILITY ACT AND RESULT IN DECERTIFICATION OF THE CITY'S HOUSING ELEMENT. SO THIS IS A SERIOUS REQUIREMENT. TO THE BEST OF OUR KNOWLEDGE. THERE'S TWO JURISDICTIONS IN THE STATE THAT HAVE SEEN THEIR HOUSING ELEMENTS DECERTIFIED. THAT'S THE CITY OF NORWALK AND THE CITY OF PORTOLA VALLEY. THE NEXT EXAMPLE IS ONE THAT RECEIVED A LOT OF NOTORIETY IN THE NEWSPAPERS AND JOURNALS THROUGHOUT THE STATE. IT WAS CALLED SB NINE, STILL CALLED SB NINE. WHAT IS IT? IT SAYS YOU WILL MINISTERIALLY APPROVE A PROJECT THAT COMES IN SINGLE FAMILY LOT TO PRODUCE TWO HOUSES ON THAT LOT. OKAY. IT ALSO PROVIDES THAT YOU CAN SPLIT A LOT INTO TWO LOTS. SO IF YOU PUT THESE TWO PROVISIONS TOGETHER, IT'S PRETTY EASY MATH YOU CAN END UP WITH FOUR UNITS ON A SINGLE FAMILY LOT. SUBJECT TO SOME RESTRICTIONS HERE AGAIN, INCLUDING CAMP BEING A HIGH FIRE ZONE UNLESS YOU COMPLY WITH FIRE STANDARDS. SO THERE ARE PRECAUTIONS, BUT BASICALLY YOU DO NOT HAVE ANY DISCRETION AT THE CITY LEVEL FOR THESE. ANOTHER EXAMPLE PASSED MORE RECENTLY. SB 684 REQUIRES MINISTERIAL APPROVALS IF YOU HAVE TEN OR FEWER RESIDENTIAL UNITS. IT'S A STREAMLINING PROCESS IN MULTIPLE FAMILY ZONES. AGAIN, LOTS MUST BE LESS THAN FIVE ACRES. BUT AS OF JULY OF THIS YEAR, WE HAVE NEW LEGISLATION THAT BROADENS THIS LEGISLATION AND IT EXPANDS IT TO SAY, IF YOU'VE GOT TEN HOMES, YOU CAN HAVE TEN HOMES ON A VACANT LOTS IN A SINGLE FAMILY RESIDENTIAL ZONES. NOW, PRACTICALLY, WHETHER THAT HAPPENS OR NOT DEPENDS ON THE CONFIGURATIONS OF THE PARCEL. BUT THIS IS ON THE BOOKS. AND THEN BY WAY OF TWO OTHER EXAMPLES, IF THOSE WEREN'T ENOUGH, WE HAVE MINISTERIAL APPROVALS, STREAMLINED PROCESS FOR 100% AFFORDABLE HOUSING IN COMMERCIAL ZONES. SO NOW WE'RE TALKING COMMERCIAL ZONES OR MIXED INCOME HOUSING PROJECTS ALONG COMMERCIAL CORRIDORS. THAT GIVES YOU A SENSE, I THINK, OF WHERE THE LANDSCAPE IS WITH RESPECT TO SOME OF THE NEW PIECES OF LEGISLATION, BUT WE DO HAVE TO TALK AS WELL TONIGHT ABOUT THE UMBRELLA ACT, WHICH IS THE HOUSING ACCOUNTABILITY ACT. THIS IS NOTHING, NOT A NEW PIECE OF LEGISLATION. IN FACT, IT'S BEEN IN THE LAW ON THE BOOKS SINCE 1982, BUT IT'S CERTAINLY ON THE FOREFRONT THESE DAYS BECAUSE IT'S BEEN EXPANDED AND GIVEN A BIT MORE TEETH. FOR THOSE OF YOU IN THE AUDIENCE AS OR MISSED THE LAST UPDATE, WHAT IS THE HOUSING ACCOUNTABILITY ACT DO? IT REALLY IS A STATE LAW THAT LIMITS YOUR ABILITY OVER AFFORDABLE HOUSING PROJECTS. [00:45:01] IT WAS THEN FOLLOWED BY WHAT'S CALLED THE HOUSING CRISIS ACT, ALSO KNOWN AS SB330, WHICH AMENDS IT AND SETS FORTH MANY MORE PROVISIONS, INCLUDING WHEN AN APPLICANT'S RIGHTS VEST, WHEN SHORTENED TIME FRAMES FOR YOUR STAFF TO REVIEW APPLICATIONS WHICH ARE VERY SHORT. YOU'VE PROBABLY HEARD THAT IT LIMITS THE NUMBER OF PUBLIC MEETINGS TO FIVE, AND THAT INCLUDES COMMUNITY MEETINGS, SO THAT THESE PROJECTS WORK THEIR WAY THROUGH RAPIDLY AND SEVERELY LIMITS YOUR ABILITY TO DENY A HOUSING PROJECT THAT MEETS ESTABLISHED REQUIREMENTS. AGAIN, OBJECTIVE STANDARDS ONLY ARE APPLIED TO THESE PROJECTS. BUT WHAT I WANT TO TALK ABOUT IS AN UPDATE TO THIS, TO THE HOUSING ACCOUNTABILITY ACT. SO AS OF JANUARY OF THIS YEAR, THE ACT HAS BEEN EXPANDED. IT EXPANDED THE DEFINITION OF WHAT'S A HOUSING DEVELOPMENT PROJECT THAT APPLIES TO THE HOUSING ACCOUNTABILITY ACT. SO IT NOW INCLUDES MIXED USE PROJECTS WITH AS LITTLE AS 50% OF SQUARE FOOTAGE DESIGNATED FOR RESIDENTIAL USE IF IT HAS 500 UNITS, BUT SOMETHING THAT THE COURTS HAVE MADE CLEAR IN ONE CASE IN THE SAN MATEO CASE AND IN ANOTHER CULVER CITY CASE, WE TALK ABOUT HAVING TO ONLY APPLY OUR OBJECTIVE STANDARDS THAT ARE ON THE BOOKS. AND THAT IS TRUE. YOU CAN ONLY USE OBJECTIVE STANDARDS. AND SO, AS TO NOT REDUCE THE DENSITY OF A PROJECT. BUT YOU CAN APPLY SUBJECTIVE STANDARDS IF THEY DO SOMETHING OTHER THAN REDUCED DENSITY OR INTENSITY. SO THERE'S SOME OUTLIERS OF SUBJECTIVE STANDARDS THAT STILL APPLY. BUT YOU CAN'T TOUCH THAT SACRED AREA OF REDUCING DENSITY OR INTENSITY OF DEVELOPMENT, BECAUSE THIS IS ALL ABOUT PRODUCING MORE HOUSING. AND SOME JURISDICTIONS, SUCH AS SAN MATEO, TRIED AND LOST. THEY LEARNED NO. THEIR DESIGN STANDARD, WITH A LITTLE BIT OF SETBACK AND ARTICULATION, WOULD REDUCE DENSITY. AND THE COURT SAID, YOU CANNOT DO THAT. THAT'S NOT AN OBJECTIVE STANDARD. EVEN MORE, DARE I SAY, INTERESTING IN THE NEW SETS OF LITIGATION. I MEAN, EXCUSE ME, OF LEGISLATION IS AB 1633. AND WHAT THIS DOES IS IT AMENDS A HOUSING ACCOUNTABILITY ACT, BUT IT DRAWS IN CEQA WITHOUT AMENDING CEQA. SO SOMEONE WENT TO THE LEGISLATURE AND SAID, LET'S AMEND THE HOUSING ACCOUNTABILITY ACT, BUT REALLY WE'RE AMENDING CEQA. SO WHAT DOES IT SAY? IT CREATES RIGHTS FOR APPLICANTS, FOR THE DEVELOPERS TO COME IN AND CHALLENGE YOUR CEQA DECISIONS AS DOING TOO MUCH. SO DEVELOPER CAN COME IN AND SAY YOU REQUIRED A MITIGATED NEGATIVE DECLARATION OR AN EIR TO BE PREPARED, BUT IN FACT, THIS PROJECT QUALIFIED FOR A CATEGORICAL OR STATUTORY EXEMPTION. OR AND THIS CAME ORIGINALLY FROM AS A BACKLASH TO A PROJECT IN THE CITY AND COUNTY OF SAN FRANCISCO. THEY CAN SAY YOU'RE REQUIRING TOO MANY STUDIES. YOU'VE COMPLETED YOUR EIR. CITY COUNCIL OF SAN FRANCISCO. THEN YOU ASKED FOR FURTHER STUDIES AND YOUR EIR WAS ADEQUATE. HENCE THE BIRTH OF AB 1633. NOW IT DOES ONLY APPLY TO HOUSING DEVELOPMENT PROJECTS. AND WE'VE TALKED ABOUT WHAT THOSE ARE. AND THERE ISN'T IT'S NOT A BLANKET. THERE IS CRITERIA FOR THE TYPES OF PROJECTS THAT HAVE TO BE IN PLACE, AND THE APPLICANT HAS TO COME FORWARD. CLEARLY, THEY HAVE TO GIVE YOU THEIR EVIDENCE AND THEY HAVE TO PUT THE CITY ON NOTICE THAT THEY THINK YOU'VE DONE TOO MUCH CEQA. TIMELY NOTICE IT IS FILLED WITH TIMELINES AND SHORT NOTICES AND THINGS THAT PLANNING DEPARTMENT HAS TO CALCULATE IN INTO ITS SCHEDULE. BUT REMEMBER, THIS IS AN AMENDMENT TO THE HOUSING AND ACCOUNTABILITY ACT SUCH THAT IF A CITY VIOLATES THIS REQUIREMENT, YOU'RE SUBJECT TO VIOLATIONS UNDER THE HOUSING ACCOUNTABILITY ACT, WHICH, AS WE'LL REMIND OURSELVES OF IN A MINUTE, INCLUDE MONETARY FINES. SO THIS HAS A LOT OF TEETH IN IT. THIS HAS A LOT MORE TEETH IN IT THAN JUST CEQA STANDING ALONE. IT DOES SAY THAT PETITIONERS WHO SUE YOU UNDER THIS ARE NOT AWARDED ATTORNEY'S FEES. IF THE CITY OR OTHER LOCAL AGENCY ACTED IN GOOD FAITH AND IT WAS QUESTIONABLE WHETHER IN FACT AN EXEMPTION [00:50:10] SHOULD BE DONE USED INSTEAD OF A MITIGATED NAGDCA, FOR EXAMPLE. SO THERE'S A LITTLE BIT OF LEEWAY THERE WHEN IT GETS TO ATTORNEY'S FEES. BUT IN IN MY MIND, AN IMPORTANT PIECE OF LEGISLATION TO PAY ATTENTION TO ON THE BOOKS, BECAUSE IT'S THE FIRST TIME DEVELOPERS CAN COME IN IN THE MIDDLE OF A PROCESS AND SAY, YOU'RE DOING TOO MUCH. SO NOW I WANT TO TALK ABOUT SOME INCENTIVES THAT THE LEGISLATURE HAS OFFERED TO THE HOUSING DEVELOPMENT COMMUNITY. AND OF COURSE, AS YOU MIGHT SUSPECT, THIS STARTS WITH DENSITY BONUS LAW. BECAUSE DENSITY BONUS LAW, AS YOU KNOW, INCREASES THE DENSITY OF QUALIFYING PROJECTS AND GIVES THEM CERTAIN INCENTIVES THAT THEY CAN DO. AND WHEN IT FIRST PASSED, WHICH WAS QUITE SOME TIME AGO, THE STATISTICS SHOW THAT AT MOST A DENSITY INCREASE WOULD BE GRANTED WOULD BE 35%. NOT AS MANY DEVIATIONS AND INCENTIVES, BUT LIKE EVERYTHING ELSE, THIS AREA HAS EXPANDED UNDER THE LAW. THEY ARE USED ON, I WOULD PROBABLY SAY IN MOST CITIES ALMOST EVERY SINGLE PROJECT, AFFORDABLE HOUSING PROJECT. AND THIS IS FOR AFFORDABLE HOUSING. SO THIS YEAR WE HAVE AB 1287, AND IT EXPANDS THE LAW TO ALLOW UP TO 100% INCREASE IN DENSITY IF YOU RESERVE ADDITIONAL UNITS FOR MODERATE AND LOWER INCOME. SO THIS HAS BEEN COINED AS THE STACKABLE DENSITY BONUS LAW BECAUSE YOU'RE BASICALLY YOU MEET YOUR FIRST LEVEL OF DENSITY BONUS OF 50% MAXIMUM. AND NOW YOU CAN DOUBLE IT. YOU CAN STACK IT. SO THIS IS A SIGNIFICANT ADDITION TO PROJECTS COMING IN THAT ARE PROVIDING AFFORDABLE HOUSING. AND THE CITY IN THIS INSTANCE HAS THE BURDEN OF PROVING YOUR GROUNDS. IF YOU DENY A DENSITY BONUS PROJECT WE'RE USED TO THINKING OF AN APPLICANT OR SOMEONE ELSE COMING IN AND HAVING THE BURDEN HERE. THE CITY HAS THE BURDEN IF IT DENIES A PROJECT. SO AN INTERESTING THOUGHT IS WHAT IF YOU TAKE HOUSING BY RIGHT, AS WE JUST DISCUSSED, FOR YOUR REZONING PROPERTIES AND YOU COMBINE IT WITH DENSITY BONUS LAW. SO YOU HAVE NO REVIEW OF A PROJECT THAT'S BY RIGHT ON YOUR REZONE PARCELS. THEY COME IN WITH SIGNIFICANT AFFORDABLE HOUSING. WHAT DO YOU GET? YOU GET A SIGNIFICANT AMOUNT OF HOUSING, WHICH IS THE GOAL WITH NO DISCRETION ON THE PART OF THE CITY. SO THE ATTORNEY GENERAL'S POSITION ON A SCENARIO LIKE THIS IS THAT YOUR TOTAL NUMBER OF UNITS COULD EASILY EXCEED. WHAT'S THE MAXIMUM DENSITY IN YOUR GENERAL PLAN. THERE ARE ALSO INCENTIVES ON PARKING STANDARDS, AND THAT'S BEEN ON THE BOOKS FOR A COUPLE OF YEARS. BUT IT RESTRICTS YOUR ABILITY TO REQUIRE MINIMUM PARKING STANDARDS FOR PRIVATE DEVELOPMENT PROJECTS THAT ARE WITH WITHIN A HALF MILE OF A MAJOR TRANSIT STOP. AND WITH THE HELP OF JEFF AND HIS DEPARTMENT, I THINK WE HAVE FIGURED OUT THAT'S LOCATED WITHIN A HALF A MILE FROM CARLSBAD OR POINSETTIA COASTER STATIONS. THERE ARE EXCEPTIONS, BUT THEY'RE VERY DIFFICULT TO PROVE. IMPACT FEES ARE NOW AN INCENTIVE FOR HOUSING DEVELOPERS. THERE'S THREE BILLS THAT PROVIDE THAT TYPE OF INCENTIVE. THE FIRST ONE SB 37. DELAYS THE PAYMENT OF DEVELOPMENT FEES THAT ARE IMPOSED UNTIL THE FIRST CERTIFICATE OF OCCUPANCY. IT'S BEEN AT BUILDING PERMIT TIME, SO THIS NOW MEANS WE'RE NOT GETTING THE MONEY COMING IN ON THESE FEES UNTIL C OF O, AND YOU CANNOT CHARGE ANY INTEREST RATES ON ANY DEFERRED FEES. YOU CAN NOW CONTINUE TO COLLECT MONEY ON CONNECTION FEES BUT NOT YOUR OTHER FEES. SO THAT'S ONE BIT OF INCENTIVE. ANOTHER MAJOR INCENTIVE IS AB 3177, WHICH REQUIRES LOWER TRAFFIC MITIGATION [00:55:02] FEES FOR HOUSING DEVELOPMENTS NEAR MAJOR TRANSIT STOPS. AND IT ALSO PROHIBITS YOU FROM ANY LAND DEDICATIONS FROM CERTAIN HOUSING PROJECTS. YOU CANNOT IMPOSE THEM TO WIDEN THE ROADWAYS. EXCEPTIONS FOR SOME SIDEWALKS, SEWER SAFETY IMPROVEMENTS. AND THE LAST HOUSING INCENTIVE FEE THAT I JUST WANTED TO BRING TO YOUR ATTENTION IS REALLY A COMPANION TO THAT ONE. IT'S AB 2553 THAT SAYS CERTAIN HOUSING PROJECTS ARE EXEMPT FROM FEES IF IT'S LOCATED WITHIN A TRANSIT PRIORITY AREA, AND WHICH EXISTING TRANSIT PRIORITY AREA, OR ONE THAT'S PLANNED, THAT'S ON THE BOOKS. OKAY. IT MUST BE COMPLETED WITHIN ONE YEAR. SO THAT'S EXPANDING THE CRITERIA FOR TRANSIT PRIORITY STOP. THAT'S A WHIRLWIND. I THINK IT GIVES YOU A SENSE OF WHERE THE LEGISLATURE IS, AND WE WILL PROBABLY HEAR IN THE NEXT PRESENTATION WHERE THEY CONTINUE TO GO. BUT I DIDN'T WANT TO LEAVE YOU WITHOUT TALKING ABOUT THE ATTORNEY GENERAL AND BY DEFAULT, THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE COURTS, BECAUSE THESE ARE THE ENFORCEMENT ARMS FOR THE LEGISLATURE. SO WHERE ARE THEY STANDING? WE KNOW THAT THE ATTORNEY GENERAL IS VIGOROUSLY DEFENDING THE LEGISLATION THAT WE'VE JUST DISCUSSED. A FEW YEARS AGO, THE ATTORNEY GENERAL ESTABLISHED A HOUSING STRIKE FORCE WITH ADDITIONAL STAFF TO GO AFTER AGENCIES THAT ARE NOT COMPLYING WITH THESE LAWS. IN THIS PRESS RELEASE THAT I QUOTED, THE ATTORNEY GENERAL SAID IT'S A TOP PRIORITY. AND THIS CONTINUES TO BE A TOP PRIORITY FOR OUR ATTORNEY GENERAL. I MENTIONED MONETARY PENALTIES. SO IF THERE'S A FOUND TO BE A VIOLATION OF THE HOUSING ACCOUNTABILITY ACT. LOCAL JURISDICTIONS CAN BE FINED 10,000 TO 50,000 PER MONTH PER VIOLATION IF YOUR ACTS ARE DEEMED TO BE ARBITRARY, CAPRICIOUS, OR ENTIRELY LACKING IN EVIDENTIARY SUPPORT. THAT'S THE THAT'S THE LEGALESE. YOU WOULD ALSO THEN BE RESPONSIBLE FOR THE ATTORNEY GENERAL'S COSTS AND ANY OTHER COSTS INCURRED IN ENFORCING THEIR RULES. WE HAVE SUMMARIZED, THANKS TO MR. SOHAGI'S EFFORTS, SEVERAL OF THE CASES. I WON'T GO THROUGH THEM IN DETAIL. I MENTIONED THE FIRST SAN MATEO CASE WHERE THE COURT SAID UNDER THE HOUSING ACCOUNTABILITY ACT, YOU CAN'T IMPOSE SUBJECTIVE STANDARDS THAT REDUCE DENSITY. THIS IS ONE OF THE FIRST LANDMARK CASES THAT WAS VERY IMPORTANT. WE HAD CASES OUT OF BERKELEY THAT SAID, YOU CAN'T DENY A PROJECT UNDER THE HOUSING ACCOUNTABILITY ACT. THIS WAS WITH RESPECT TO SB 35 PROJECTS, WHICH ARE ANOTHER FORM OF MINISTERIAL PROJECTS TO MEET YOUR HOUSING NEEDS. WE HAD THE YIMBY CASE, YES, IN MY BACKYARD VERSUS THE CITY OF CULVER CITY THAT HERE AGAIN SET A LIMITATION ON LESS INTENSIVE USES BY REDUCING YOUR LAND WAS NOT PERMITTED. WE HAVE THE CITY OF HUNTINGTON BEACH CASES WHICH HAVE CHALLENGED STATE ALL BASICALLY ALL STATE HOUSING MANDATES AND SB9, AND THEY HAVE NOT PREVAILED. WE HAVE THE COUNTY OF SAN DIEGO CASES THAT SORT OF RESULTED IN AB 1633. WHAT WE REALLY ARE SEEING IS COURT DECISIONS AND THEN FINE TUNING IMMEDIATELY FOLLOWING THEREAFTER BY THE LEGISLATURE. NOW HE PULLED OUT THE REDONDO BEACH CASES JUST BECAUSE IT WAS A CHALLENGE TO SB NINE FOR CHARTER CITY, A FELLOW CHARTER CITY. THE COURT SAID NO, THESE REGULATIONS, THESE LAWS, SB NINE, APPLY TO CHARTER CITIES, WHICH WOULD INCLUDE CARLSBAD. THERE WAS A SLIGHT, VERY MINOR WIN IN THE CITY OF REDONDO BEACH CASE OVER SOME MINOR WORDING. AND THE LEGISLATURE IMMEDIATELY AND I UNDERSCORE IMMEDIATELY RESPONDED BY CLARIFYING THAT THE INTENT WAS TO ENCOURAGE AN INCREASE IN THE [01:00:03] OVERALL SUPPLY OF HOUSING. THAT BASICALLY VOIDED THAT COURT'S DETERMINATION. SO I WOULD SAY IN SOME THE CITIES THAT HAVE BEEN CHALLENGING. THE CASES, WHETHER IN COURT OR IN BATTLE WITH HCD, HAVE NOT BEEN PREVAILING TO DATE. SO MY BRIEF CONCLUSION, ALONG WITH THE BRIEF SURVEY OF WHERE WE ARE, IS THAT THE STATE LEGISLATURE IS COMMITTED TO REMOVING THESE LOCAL OBSTACLES. AND THE ATTORNEY GENERAL, THE COURTS ARE EQUALLY COMMITTED TO CARRYING OUT THE LEGISLATURE'S DIRECTIVES. AND I'LL DEFER TO SHARON AND THOSE OF YOU THAT ARE INVOLVED IN ADVOCACY TO SEE IF THAT'S CHANGING AT ALL THIS NEXT YEAR. EXCUSE ME, MISS GONZALVEZ, WE HAVE YOUR PRESENTATION. OH, GREAT. THANK YOU. AND GOOD EVENING, MR. MAYOR. MEMBERS OF THE COUNCIL. SHARON GONSALVES, MANAGING DIRECTOR OF THE CALIFORNIA PUBLIC POLICY GROUP. NICE TO BE WITH YOU THIS EVENING, EVEN IF IT IS JUST OVER THE PHONE. TODAY I WILL BE GOING OVER THE SAME CATEGORIES AS OUR PREVIOUS SPEAKER AND HOW IT PERTAINS TO LEGISLATION THAT WE'VE SEEN INTRODUCED SO FAR THIS YEAR. HAVING HEARD WHAT YOU JUST DID, IT'S HARD TO BELIEVE THAT THERE'S ANY BILLS LEFT FOR LAWMAKERS TO INTRODUCE. HOWEVER, THIS YEAR, WITH MORE THAN 30 NEW MEMBERS JOINING THE LEGISLATURE AND SEVERAL LAWMAKERS WHO ARE PIVOTAL IN PASSING HOUSING BILLS OVER THE LAST FEW SESSIONS, TERMING OUT. IT IS AN INTERESTING TIME TO SEE KIND OF WHERE PEOPLE FALL ON LEGISLATION. THERE WERE 129 NEW HOUSING BILLS THAT WERE SIGNED BY GOVERNOR NEWSOM IN THE 23-24 LEGISLATIVE SESSION. AND SINCE JANUARY, KIND OF ON THE HEELS OF THE FIRES AND WHAT HAPPENED IN LOS ANGELES, THERE HAVE BEEN OVER 150 HOUSING MEASURES THAT HAVE BEEN INTRODUCED. AND QUITE HONESTLY, THAT NUMBER IS PROBABLY CLOSER TO 170. TO PUT THAT IN A LITTLE BIT MORE PERSPECTIVE, THERE'S ONLY 120 MEMBERS IN THE LEGISLATURE, IN THE SENATE AND ASSEMBLY COMBINED. SO IT'S A RELATIVELY HEAVY WORKLOAD JUST ON HOUSING SPECIFICALLY JUST A MONTH OR JUST A WEEK AND A HALF AGO, THE LEGISLATURE INTRODUCED A 22 BILL PACKAGE THAT OVERHAULS LOCAL REVIEW PROCESS AND STRIPS LOCALS OF FURTHER DECISION MAKING AUTHORITY AS PART OF THEIR PERMIT REFORM PACKAGE AND LOOKING TO BUILD HOUSING QUICKER. AND UNFORTUNATELY, YOU KNOW, THE NARRATIVE SURROUNDING THE STATE'S HOUSING SHORTAGE HASN'T REALLY CHANGED. AND IT CONTINUES TO BE THAT LOCAL GOVERNMENT IS THOSE WHO BEAR THE BRUNT OF THE PROBLEM BEING OBSTACLES RATHER THAN PARTNERS. AND THAT'S THE FIGHT THAT WE HAVE AS WE CONTINUE TO WORK ON THESE WITH OUR VARIOUS ADVOCACY EFFORTS. SO MOVING ON TO SLIDE NUMBER THREE. THROUGHOUT THIS PRESENTATION, I'M GOING TO REFER TO VARIOUS BILLS THAT HAVE BEEN INTRODUCED THIS SESSION. SOME OF THEM HAVE BEEN DISCUSSED AT THE LEGISLATIVE SUBCOMMITTEE AND THE COMMITTEE HAS POSITIONED ON THEM. SOME WE'VE CHOSEN TO WATCH AND OTHERS WE'RE WAITING TO GET, HAVE GO FURTHER IN THE PROCESS OR GATHER MORE INFORMATION ABOUT POTENTIAL IMPACTS TO THE CITY. BUT GIVEN KIND OF THE FOCUS AREAS OF WHERE THIS PRESENTATION SPECIFICALLY IS. WANTED TO HIGHLIGHT AND OFFER SOME OF THE THINGS THAT WE'RE SEEING THIS YEAR. SO MOVING ON TO CEQA. YOU KNOW, IT WAS SPOT ON IN THE, IN THE. IT WAS SPOT ON IN THE FIRST WITH THE PREVIOUS SPEAKER ABOUT HOW IT REALLY IT WAS UNTOUCHABLE FOR THE EXCEPTION OF THESE ONE OFF PROJECTS. AND THEY WERE THEY WERE VERY NARROW. AND THE DISCUSSION AROUND THOSE BILLS ALWAYS WAS LIKE, LET'S LOOK AT THE PROBLEMS WITH CEQA AS A WHOLE. SO WE DON'T HAVE TO HAVE THESE BILLS THAT ARE JUST VERY SPECIFIC TO ONE AREA OR TO ONE PROJECT. AND WE HAVE SEEN REPEATEDLY WITH NEW LAWS KIND OF CHIPPING AWAY AT CEQA THIS YEAR, LOOKING AT PROBABLY THE BROADEST CEQA REFORMS. AT LEAST, YOU KNOW, SINCE I'VE BEEN DOING THIS, WHICH IS NEARLY 20 YEARS NOW. [01:05:09] ONE OF THEM IS SB 609 BY ASSEMBLY MEMBER WICKS, WHICH SHE'S LOOKING TO DO IS EXEMPT CEQA FROM PROJECTS THAT ARE ALREADY IN DEVELOPED AREAS BECAUSE THEY'VE EXISTING PROJECTS THAT HAVE ALREADY BEEN BUILT HAVE HAD TO DO THE ENVIRONMENTAL ANALYZES. AND THEY WOULD BE ABLE TO GET THROUGH THEIR APPROVALS A LOT QUICKER. AND THEN SB607 BY SENATOR WIENER LOOKS TO MAKE SEVERAL BROAD TARGETED REFINEMENTS THAT REFOCUS THE SCOPE OF THE ENVIRONMENTAL ANALYSIS TRYING TO CLARIFY THE INFILL EXEMPTION AND THEN ALSO IDENTIFY VARIOUS DELAYS THAT ARE DONE THROUGH LITIGATION EFFORTS. SO I THOUGHT YOU KNOW. MARGARET DID A GREAT JOB TALKING ABOUT DENSITY, BONUS LAW, AND A LOT OF THE ABUSES THAT WE'VE SEEN WITH IT. AND ALSO THE CONTINUED EXPANSION. AS MENTIONED, DENSITY BONUS PROVIDES DEVELOPERS AN OPPORTUNITY TO ADD DENSITY. AND THEN GET VARIOUS CONCESSIONS AS A RESULT OF THAT. YOU GUYS HAVE A DELEGATION WHO IS ACTUALLY SEEKING TO CLARIFY SOME OF THE ABUSES THAT HAVE BEEN SEEN BY REDEFINING WHAT A RESIDENTIAL MARKET OR MULTIFAMILY RESIDENCE IS. BOTH SENATOR BLAKE SPEER AND ASSEMBLY MEMBER BERNER HAVE INTRODUCED BILLS. THAT ARE IN RESULT OF THE INCIDENT HAPPENING AT PACIFIC BEACH, WHERE THERE ARE A MINIMAL AMOUNT OF RESIDENTIAL UNITS. YEAH. CONCESSIONS WERE PLACED FOR MOSTLY A HOTEL. THAT BEING SAID, AS YOU WILL SEE IN A LATER SLIDE, NEW BUILDS CAN CONTINUE TO SEEK TO FURTHER DENSITY BONUS LAW. AND IT'S USUALLY PART OF A MUCH LARGER, CONVOLUTED, ALL ENCOMPASSING PROPOSAL THAT REALLY KIND OF, YOU KNOW, INCORPORATES ALL OF THE ITEMS THAT WE'RE TALKING ABOUT THIS EVENING INTO ONE BILL. MOVING ON TO FEES. THE THERE'S ALSO A NARRATIVE THAT, YOU KNOW, LOCALS ARE BLOCKING, BUILDING BECAUSE THEIR FEES ARE SO OUTRAGEOUS. AND WE'VE SEEN THIS AS AN ISSUE FOR LONGER THAN PROBABLY I EXPECTED. REALLY TARGETING INITIALLY THE DEVELOPMENT OF OR, YOU KNOW, THE TRANSPARENCY OF FEES, MAKING SURE THAT EVERYTHING IS POSTED AND EASY FOR DEVELOPERS TO FIND, MAKING SURE THAT THERE'S A NEXUS AND THE PROPORTIONALITY OF THE FEE BEING CHARGED TO THE SERVICE THAT IT'S GOING TO PROVIDE. AND THEN ALSO THE DEFERRAL AND ELIMINATION OF FEES FOR MIXED USE INFILL AND TRANSIT ORIENTED HOUSING. WHAT WE'RE SEEING THIS YEAR IS GOING AFTER OTHER FEES. YOU KNOW, WE'VE TALKED A LOT ABOUT IN THE PAST WATER FEE, SEWER FEES, CONNECTION FEES. THIS YEAR WE'VE GOT SB 315 BY SENATOR GRAYSON THAT WILL LIMIT THE AMOUNT OF LAND THAT NEEDS TO BE DEDICATED FOR PARK SPACE. AND IT ALSO INCLUDES SPECIFIC PROVISIONS FOR INFILL HOUSING PROJECTS, WHICH MAY HAVE REDUCED DEDICATION OR FEE REQUIREMENTS. AND THEN THERE'S A SLEW OF BILLS THAT INCORPORATE THE REDUCTION OR ELIMINATION OF FEES IN PARTICULAR WAYS. AB 507 BY ASSEMBLY MEMBER HANEY. HE'S THE NEW CHAIR OF THE ASSEMBLY HOUSING COMMITTEE. HE'S CARRYING A BILL THAT WOULD EXEMPT IT, WOULD REQUIRE MINISTERIAL APPROVAL OF ADAPTIVE REUSE FROM AN OFFICE TO RESIDENTIAL CONVERSION. BUT IN DOING SO, IT EXEMPTS PROJECTS FROM EXEMPT IMPACT FEES IF THEY DON'T DIRECTLY RELATE TO THE CHANGE OF USE FROM NONRESIDENTIAL TO RESIDENTIAL, OR TO MIXED USE. AB 874 BY ASSEMBLY MEMBER AVILA FRIAS HAS A WAIVER OF FEES FOR A DEVELOPMENT WHERE AT LEAST 49% OF THE TOTAL UNITS WILL BE USED FOR OCCUPANCY BY THOSE WHO ARE LOWER INCOME, THE LOWER INCOME HOUSEHOLDS. AND THEN SB 358 BY SENATOR BECKER. THIS WOULD REQUIRE THE REDUCTION OF TRAFFIC IMPACT FEES BY 50% FOR HOUSING PROJECTS, A HOUSING DEVELOPMENT PROJECT THAT'S WITHIN A TRANSIT [01:10:08] PRIORITY AREA, OR A MAJOR TRANSIT STOP, OR IS WITHIN A HALF MILE FROM A STORE THAT PROVIDES NECESSITIES. AND THEN MOVING ON TO ACCOUNTABILITY, REALLY, EVERYTHING WE KIND OF SEE IS UNDER THE UMBRELLA OF THE HOUSING ACCOUNTABILITY ACT, WHICH, YOU KNOW, LIMITS A LOCAL GOVERNMENT'S AUTHORITY TO DENY, REDUCE DENSITY OR MAKE ANY TYPE OF HOUSING DEVELOPMENT PROJECT INFEASIBLE. EVEN IF IT GOES AGAINST LOCAL ORDINANCES OR PLANNING DOCUMENTS. AND WHILE THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ARE PRIMARILY RESPONSIBLE FOR HOLDING LOCAL AGENCIES ACCOUNTABLE. WE HAVE SEEN BOTH FROM THE GOVERNOR AND THE ATTORNEY GENERAL. THIS REALLY STRONG NARRATIVE ABOUT ACCOUNTABILITY, SO MUCH SO THAT IN THE 2122 BUDGET, THERE WAS FUNDING INCLUDED FOR THE HOUSING ACCOUNTABILITY UNIT, WHICH IS REALLY LIKE A UNIT SPECIFICALLY LOOKING AT LIKE WATCHING COUNCIL MEETINGS, LOOKING AT PLANNING COMMISSION MEETINGS, SEEING WHO'S FOLLOWING THE GREATER HOUSING ACCOUNTABILITY ACT AND THEN THE ATTORNEY GENERAL. THIS CONTINUES TO BE A TOP PRIORITY FOR HIM AS HE USES HIS ROLE TO SPONSOR AND FURTHER ACCOUNTABILITY AND ENFORCEMENT AND A ONE OF THE BILLS THAT WE'RE SEEING THIS HERE. SB 786 BY SENATOR ARREGUIN IS A BILL. ANOTHER BILL SPONSORED BY THE ATTORNEY GENERAL WHO'S GOT MULTIPLE THIS YEAR. HE'S HAD MULTIPLE LAST YEAR THAT CONTINUE TO MAKE CLARIFICATIONS AND STRENGTHEN THE HOUSING ACCOUNTABILITY ACT. AND THEN I HAD MENTIONED THAT A LOT OF THESE BILLS ARE VERY COMPLEX, AND THEY HAVE A NUMBER OF VARIOUS COMPONENTS INCORPORATED INTO THEM. TWO EXAMPLES THAT I WANTED TO BRING TO YOUR ATTENTION THIS EVENING, BOTH BY SENATOR WIENER, IS SB 79. THIS BILL WOULD ALLOW AND REQUIRE THE MINISTERIAL APPROVAL OF RESIDENTIAL DEVELOPMENTS, REGARDLESS OF ZONING, WITHIN A FOURTH MILE OR A HALF MILE OF A TRANSIT ORIENTED DEVELOPMENT STOP. IT ALSO HAS ADDITIONAL HEIGHT AND DENSITY PARCELS THAT ARE ALLOWED. DENSITY BONUS LAW APPLIES TO THIS BILL IN ORDER TO INCREASE DENSITY IN THESE HIGH TRANSIT AREAS. THERE'S A CEQA EXEMPTION FOR RESIDENTIAL, COMMERCIAL, AND MIXED USE DEVELOPMENT ON PROPERTY THAT'S OWNED BY A TRANSIT AGENCY, AND DENIAL OF A PROJECT IS CONSIDERED A VIOLATION OF THE HOUSING ACCOUNTABILITY ACT. SO IT'S REALLY EVERYTHING THAT WE HAVE BEEN TALKING ABOUT THIS EVENING, ALL THROWN INTO ONE BILL. AND THEN ANOTHER ONE BY SENATOR WIENER IS SB677. THIS BILL IS REALLY AN EXPANSION OF SB NINE, WHICH WAS TALKED ABOUT DURING WITH THE PREVIOUS SPEAKER. REGARDING LOT SPLITS DURING SB NINE, WE WERE ABLE TO GET SEVERAL AMENDMENTS PUT INTO THE BILL IN ORDER TO MAKE THE IN ORDER TO NEGATE SOME OF THE IMPACTS. AND THEY ALL COME BACK INTO SB 677, INCLUDING ALLOWING LOT SPLITS EVEN IF IT'S PROHIBITED BY A HOMEOWNER'S ASSOCIATION. THIS BILL WOULD PROHIBIT CITIES FROM COLLECTING FEES FOR PROJECTS THAT ARE LESS THAN 17 50FT². AND IT CREATES A FOR AGENCIES THAT DON'T MAKE HCD REQUESTED CHANGES. IT GETS REFERRED TO THE AG FOR ENFORCEMENT, AS WELL AS A NUMBER OF OTHER AFFORDABILITY RESTRICTIONS AND LOCAL DEVELOPMENT STANDARDS. AGAIN, ALL ENCOMPASSING, A LOT PUT INTO ONE BILL. WHEN YOU HAVE BILLS LIKE THIS AND THEN YOU TIMES IT BY 150, IT CONTINUES TO BE A CHALLENGE AS WE WORK ON OUR ADVOCACY EFFORTS ON HOUSING AND LAND USE LEGISLATION. AND THEN WITH THAT, HAPPY TO TAKE ANY QUESTIONS. IS THAT COMPLETE? ALL OF THE PRESENTATIONS. [01:15:02] DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS. I'M GOING TO START OFF WITH SOME QUESTIONS. TALK ABOUT THE CITIES THAT HAVE BEEN TRYING TO CHALLENGE THESE LAWS. I WAS ON THE PHONE WITH THE MAYOR OF HUNTINGTON BEACH RECENTLY. OUR ATTORNEY SPOKE WITH THEIR ATTORNEY. ARE ANY CITIES MAKING ANY HEADWAY ON ANY OF THESE LAWSUITS? NO. OKAY. THE ONES THAT WE ARE SEEING THAT HAVE REACHED THE POINT OF BEING PUBLISHED HAVE BASICALLY ALL LOST, EXCEPT FOR A LITTLE TWEAK IN LANGUAGE IN THAT REDONDO BEACH CASE. THE HUNTINGTON BEACH CASES, THERE HAVE BEEN SEVERAL COURT OF APPEAL THEY LOST. THEY TRIED TO GO INTO THE FEDERAL COURTS TO SEE IF THEY COULD GET A HEARING THERE. AND I BELIEVE THE COURT SAID WE DON'T HAVE STANDING. I MEAN, LAND USE ISSUES TEND TO BE STATE ISSUES. SO I KNOW HUNTINGTON BEACH DIDN'T CHALLENGED ADOPTING. I MEAN, IMPLEMENTING A NEW HOUSING ELEMENT, SB9. YOU KNOW, SEVERAL FACETS AND THEY HAVE NOT GOTTEN ANYWHERE. ONE OF THE THINGS THAT WE AS A COUNCIL WRESTLE WITH IS WE'RE ACCOUNTABLE TO OUR RESIDENTS AND WE GET SOMETHING LIKE THIS AND WE SAY WE DON'T WANT 50% OR 100% DENSITY INCREASE ON THIS PROPERTY. AND OFTENTIMES WE ALL AGREE ON THAT ALONG WITH ALL OF OUR CITIZENS. BUT THEN WE COME INTO A COUNCIL MEETING. WE'RE TOLD YOU HAVE NO CHOICE BUT TO VOTE YES. WHY IS THE STATE HAVING THE CITY TAKE THE BLAME FOR THIS WHEN IT'S A STATE LAW? HOW DOES THAT PLAY OUT AND HOW CAN WE CHANGE THAT? LET THE STATE TAKE THE BLAME FOR THESE LAWS INSTEAD OF MAKING US TAKE THE BRUNT OF IT. IN OTHER WORDS, DON'T SHOOT THE MESSENGER. MAYOR. YES, I APPRECIATE THAT. AND I THINK SHARON ALLUDED TO IT THAT THE LOCAL JURISDICTIONS ARE VIEWED AS THE OBSTACLE FROM THE EYES OF THE LEGISLATURE. SO I DON'T HAVE A MAGIC BULLET, NOR AM I, YOU KNOW, THAT IN TOUCH WITH THE LEGISLATURE. BUT SOMEHOW WE DO NEED TO TURN IT AROUND. IF THIS IS YOUR OBJECTIVE TO WHERE WE ARE PARTNERS. WE'RE NOT THE OBSTACLES. AND IF WE'VE GOT A CERTIFIED HOUSING ELEMENT AND WE ARE MEETING OUR OBLIGATIONS UNDER THAT, THAT THAT SHOULD BE GOOD TO GO. BUT I STARTED AS A CITY PLANNER, AND PERHAPS THAT'S OLD SCHOOL, BECAUSE RIGHT NOW THE STATE IS SAYING YOU CAN'T EXERCISE DISCRETION, AND THAT IS MORE THAN FRUSTRATING AT A LOCAL LEVEL. I HEAR WHAT YOU'RE SAYING. I'VE BEEN CONTACTED BY A LOT OF DIFFERENT CITIES WHO'VE SAID, NONE OF US LIKE THIS LOSS OF CONTROL. WHY DON'T THE CITIES BAND TOGETHER AND FIGHT AS A BIGGER UNIT, OR DO IT THROUGH THE LEAGUE OF CALIFORNIA CITIES? DO YOU HAVE ANY IDEAS BEHIND THAT? I DON'T, BUT SHARON MIGHT BECAUSE SHE'S GOT THE PULSE ON THE CAPITAL. YEAH, I APOLOGIZE, I DIDN'T HEAR THE QUESTION. SHARON, THE QUESTION WAS RELATED TO CITIES ACROSS THE STATE BANDING TOGETHER AND BUILDING COALITIONS TO FIGHT STATE INITIATIVES AND ATTEMPT TO ESTABLISH THAT LOCAL LAWS CAN SUPERSEDE STATE LAWS OR CONTROL AND TAKE AWAY SOME OF THE LEGISLATURE'S POWER IN TERMS OF REGULATING LOCAL LAWS ON LAND USE AND PLANNING. YEAH, THERE'S BEEN A LOT OF DISCUSSIONS ON THAT IN SOME ORGANIZATIONS. WHAT IT REALLY MEANS IS LIKE KIND OF THAT EXTRA MOMENTUM TO TAKE IT OVER THE TOP. I MEAN, MORE THAN JUST FIGHTING THESE LAWS. BUT AT THE END OF THE DAY, WE GET PEOPLE ELECTED UP HERE WHO WE THINK ARE GOING TO BE ALLIES BECAUSE THEY CAME FROM LOCAL GOVERNMENT. THEY WERE PLANNERS THEY UNDERSTAND THEY'VE BEEN IN THE WEEDS. AND THEN IT'S LIKE SOMETHING SWITCHES UP HERE AND IT'S THEY'RE NOT HELD ACCOUNTABLE BECAUSE THEY CONTINUE TO GET REELECTED. SO WE END UP WITH THE SAME CROP OF FOLKS. AND, YOU KNOW, FROM OUR ASPECT, IT'S LIKE YOU'VE GOT TO WAIT 12 YEARS FOR SOMEBODY TO GET TERMED OUT BEFORE YOU MAYBE ARE HAVING ANOTHER BITE AT THE APPLE, OR CAN SHIFT THE NARRATIVE. RIGHT NOW, LIKE I SAID, WE'VE GOT 30 NEW MEMBERS, SO IT'S LIKE THERE'S AN OPPORTUNITY THERE. BUT EVERYONE STILL CONTINUES TO WANT TO CARRY HOUSING BILLS. BUT I DO THINK THAT THERE'S A LOT OF DISCUSSIONS. SO WITH THE RIGHT KIND OF THE RIGHT EFFORTS IN GETTING EVERYBODY ON THE SAME PAGE IN TERMS OF WHAT NEXT STEPS ARE WOULD BE REALLY WELCOMED BY A [01:20:04] NUMBER OF CITIES. AND MAYOR, IF I CAN, LOCAL GOVERNMENT JUST IN GENERAL. THANK YOU. I'LL JUST ADD ON TO THAT. IN THE TIME I'VE BEEN HERE WITH THE CITY OVER THE LAST TEN YEARS, THE CITY HAS BEEN APPROACHED SEVERAL TIMES BY GROUPS THAT REPRESENT VARIOUS COALITION EFFORTS THAT ARE TRYING TO ENGAGE ON THIS ISSUE. GOING BACK TO 2018 THE CITY DID ADOPT AUTHOR A LETTER IN SUPPORT OF A LEAGUE OF CALIFORNIA CITIES GENERAL RESOLUTION THAT WAS ADDRESSED TOWARDS THIS ISSUE, ATTEMPTING TO GET THE LEAGUE TO REALLY FOCUS ON AN AMENDMENT TO THE STATE CONSTITUTION OR SOME OTHER MECHANISM THAT WOULD IMPROVE THE SITUATION FOR CITIES HERE IN 2023. AS YOU KNOW, THE CITY ADOPTED A RESOLUTION IN SUPPORT OF LOCAL CONTROL OVER THESE TYPES OF ISSUES. AND CURRENTLY, THE CITY AND THE LEGISLATIVE SUBCOMMITTEE HAVE BEEN APPROACHED VERY RECENTLY BY A GROUP, OUR NEIGHBORHOOD VOICES, WHICH IS UNDERTAKING ANOTHER INITIATIVE TO GET A STATEWIDE BALLOT INITIATIVE GOING FORWARD THAT WOULD ADDRESS THIS ISSUE AS WELL. THAT ITEM WILL BE ON THE LEGISLATIVE SUBCOMMITTEES AGENDA FOR THEIR MAY MEETING TO DISCUSS THE POSSIBILITY OF ENGAGING ON THAT AS WELL. I UNDERSTAND THAT, AND CORRECT ME IF I'M WRONG ON THIS, THAT WE CAN DENY A PROJECT THAT FALLS WITHIN THE STATE'S DENSITY BONUS IF WE HAVE A HEALTH AND SAFETY ISSUE. IS THAT ACCURATE? YES THAT DOESN'T INCLUDE WHAT YOU THINK OF AS A CEQA. SIGNIFICANT IMPACT, BUT MAJOR PUBLIC HEALTH AND SAFETY CONCERNS. AND IT'S A DIFFICULT HURDLE. OUR CITY VOTED ON A GROWTH MANAGEMENT PLAN. AND IT MAKES SENSE. IT SAYS WE WON'T BUILD MORE THAN WHAT OUR INFRASTRUCTURE, WHICH INCLUDES OUR SEWER SYSTEMS AND WATER SUPPLY AND THINGS LIKE THAT. WE WON'T BUILD FASTER THAN WHAT OUR INFRASTRUCTURE CAN HANDLE. AND IT'S MY UNDERSTANDING, HCD SAID, WE THINK THAT YOUR IDEA IS ADORABLE, BUT WE DON'T CARE. ISN'T THAT A HEALTH AND SAFETY ISSUE? I'D PREFER NOT TO OPINE, IF YOU DON'T MIND, MR. MAYOR, ON SOMETHING THAT'S STILL IN LITIGATION. I WASN'T AWARE THAT'S STILL IN LITIGATION. OKAY. THANK YOU. QUESTIONS FROM COUNCIL. MR. SHIN. THANKS FOR THE PRESENTATION. I THINK THIS IS A KIND OF ON CUSP WITH WHAT THE MAYOR JUST SPOKE. SO WITH LIKE THE EXPONENTIAL INCREASE OF DENSITY GOING AROUND EVERYWHERE, WHO PAYS FOR THE INFRASTRUCTURE? SO LIKE THE SEWAGE AS WE HAVE TO GO FROM LIKE I'M JUST MAKING THIS UP LIKE SIX INCH PIPES TO TEN INCH PIPES AND THAT, THAT COST IF WE WEREN'T ANTICIPATING DOING THAT, WHO BEARS THE BURDEN? THE CLASSIC SCENARIO IS THAT NEW DEVELOPMENT PAYS FOR THE COST OF NEW DEVELOPMENT YOU PAY TO CURE EXISTING DEFICIENCIES. WHAT YOU'RE SEEING NOW IN SOME OF THE IMPACT FEE LEGISLATION I MENTIONED, AS WELL AS ITEMS THAT ARE BEING PROPOSED, IS THAT THE ABILITY TO FUND YOUR INFRASTRUCTURE WITH IMPACT FEES IS ALSO BEING REDUCED FOR HOUSING PROJECTS AND FOR PRIMARILY AT THIS POINT, AFFORDABLE HOUSING PROJECTS. SO THEN THAT FALLS FURTHER BACK ON THE CITY, BECAUSE THEN YOU END UP HAVING EXISTING DEFICIENCIES IF YOU CAN'T COVER THAT COST. SO IT ENDS UP FALLING ON THE RATEPAYERS. IS THAT WHAT I'M BASICALLY SEEING? OR IS IT LIKE LITERALLY OUT OF THE CITY'S BUDGET OR BOTH? YOU'RE GOING TO HAVE TO LOOK AT A WHOLE, YOU KNOW, A WHOLE ARSENAL OF FUNDING MECHANISMS OTHER THAN IMPACT FEES. GOTCHA. OKAY. AND JUST TO EXPAND A LITTLE BIT ON THAT, FOR THE RECORD, GEOFF MURPHY, COMMUNITY DEVELOPMENT DIRECTOR WHEN WE DO GET APPLICATIONS WHERE WE HAVE AN IMPACT TO INFRASTRUCTURE OR UTILITIES, A LOT OF TIMES THE APPLICANTS ARE WILLING TO WORK WITH US TO MITIGATE OR ADDRESS THE DEFICIENCY. AND SO THEY, YOU KNOW, THEY WANT THEIR PROJECT MOVING FORWARD. THEY WANT A RECOMMENDATION OF APPROVAL. SO A LOT OF TIMES THE APPLICANT WILL WORK WITH US ON THOSE CASES. SOMETIMES NOT. GOTCHA. IF IT'S ALL RIGHT FOR MR. MAYOR, IF I MAY ADD SOME OF THIS CAN BE KIND OF BILL SPECIFIC OR ENTITLEMENT PROCESS SPECIFIC. SO, FOR EXAMPLE SOME OF THE NEW ADU LAWS ALLOW FOR RECOVERY OF CERTAIN TYPES OF FEES. SO I THINK THE QUESTION COULD BE A LITTLE BIT MORE NUANCED. IT KIND OF DEPENDS UPON THE NATURE OF THE PROJECT THAT'S COMING IN AND HOW IT'S GOING TO BE ENTITLED. GOTCHA. OKAY. THANK YOU. MISS BURKHOLDER. HAVE ANY QUESTIONS, JUST COMMENTS. MISS ACOSTA, THANK YOU. WE'VE BEEN LOOKING AT THESE AS A CITY, AND I'M WONDERING IF EITHER MISS GONSALVES OR MR. [01:25:05] HABER, YOU COULD SHARE A LITTLE BIT MORE ABOUT THE ACTIVE ADVOCACY ROLE THAT WE TAKE AT THE CITY, BECAUSE WE JUST HAD A MEETING AND WE TOOK POSITIONS ON, AT LEAST, I DON'T KNOW, 20 BILLS THIS MORNING, MANY OF WHICH WERE HOUSING RELATED. I KNOW WE TOOK POSITIONS ON SOME LAST MONTH AS WELL, EVEN THOUGH IT'S STILL EARLY IN THE LEGISLATIVE YEAR. SO I'M WONDERING IF YOU COULD EXPLAIN A LITTLE BIT MORE ABOUT CARLSBAD'S UNIQUE AND STRONG ADVOCACY EFFORTS. SURE. I'LL START. AND, MISS GONSALVES, YOU CAN JUMP IN IF YOU'D LIKE. YEAH. SINCE GOING BACK AT LEAST TO 2018, THE CITY COUNCIL HAS REALLY INVESTED A SIGNIFICANT AMOUNT OF TIME AND EFFORT AND RESOURCES INTO BUILDING AN INTERGOVERNMENTAL AFFAIRS PROGRAM. THAT CREATES A FRAMEWORK THAT ALLOWS US TO ENGAGE ON THESE TYPES OF ISSUES. CREATED A DIRECTOR LEVEL POSITION, ESTABLISHED THE CITY COUNCIL'S LEGISLATIVE SUBCOMMITTEE, WHICH MEETS MONTHLY ON AN ONGOING BASIS AND REALLY ENGAGES VERY DIRECTLY ON PROPOSED STATE AND FEDERAL LEGISLATION THAT AFFECTS THE CITY. YOU'VE UPDATED CITY COUNCIL POLICIES AND ON AN ANNUAL BASIS, REVIEW THE CITY COUNCIL'S LEGISLATIVE PLATFORM, WHICH INCLUDES A NUMBER OF POSITION STATEMENTS THAT ALLOWS THE CITY TO EFFECTIVELY AND EFFICIENTLY RESPOND AND ENGAGE ON ADVOCACY EFFORTS RELATED SPECIFICALLY TO PROPOSALS AT THE STATE AND FEDERAL LEVEL. THE CITY MAINTAINS ON CONTRACT LOBBYISTS AT THE STATE LEVEL. AND THAT WORK AT THE FEDERAL LEVEL AS WELL ON BEHALF OF THE CITY. AND OUR INTERESTS. AND WE TRACK AND POSITION ON LEGISLATION AS IT'S INTRODUCED AND COMES FORWARD AND OVER THE LAST SEVERAL YEARS HAVE IDENTIFIED AND POSITIONED ON THE MOST PROMINENT AND MOST PROBLEMATIC OR IMPACTFUL CITY LEGISLATION TOWARDS THE CITY'S INTERESTS. WE DO THAT THROUGH NOT ONLY MEMBERSHIP IN THE LEAGUE OF CALIFORNIA CITIES AND NATIONAL LEAGUE OF CITIES, WHICH ADVOCATE ALSO ON BEHALF OF CITIES MORE BROADLY. BUT OFFER LETTERS AND TESTIMONY AND DIRECT ENGAGEMENT WITH OUR STATE AND FEDERAL REPRESENTATIVES, MEETING WITH THEIR STAFF, MEETING WITH THOSE REPRESENTATIVES DIRECTLY, AS WELL AS MEMBERS OF VARIOUS POLICY COMMITTEES, CONSULTANTS AND THEIR STAFF AS WELL. AS COUNCIL MEMBER ACOSTA MENTIONED, THE LEGISLATIVE SUBCOMMITTEE AGAIN MEETS MONTHLY. WE POSITIONED ON THAT'S RIGHT, ABOUT 20 BILLS, I THINK TODAY, 1520 BILLS TODAY. WE TYPICALLY RANGE YEAR OVER YEAR IN THE 20 TO 30 BILL COUNT THAT WE ENGAGE ON AS THE LEGISLATURE RAMPS UP AND GETS MORE ACTIVE ON ISSUES THAT DIRECTLY AFFECT THE CITY. WE TEND TO USE OUR ADVOCACY VOICE MORE ACTIVELY IN RESPONSE. SO A LOT OF THESE BILLS AND I'LL JUST SAY WE CAN GET INTO THE SPECIFICS OF OUR LEGISLATIVE PLATFORM, BUT OUR NUMBER ONE GUIDING PRINCIPLE OF THE LEGISLATIVE PLATFORM GOES TO PRESERVING LOCAL CONTROL. AND THEN WE HAVE SEVERAL POSITION STATEMENTS THAT GO TO VERY SPECIFIC ISSUES THAT HAVE BEEN DISCUSSED AND TALKED ABOUT TODAY ALLOWING US TO REPRESENT THE INTERESTS OF THE CITIES ON THOSE ISSUES AS WELL. GREAT. THANK YOU. AND I HAVE ANOTHER QUESTION FOR MISS GONSALVES, AND THIS ONE'S MORE ABOUT SPECIFICALLY THE LEAGUE OF CALIFORNIA CITIES. I PULLED UP THE MISSION STATEMENT JUST TO RESPOND TO THE QUESTION ABOUT WHAT CITIES ARE DOING. DIFFERENT GROUPS. THERE ARE MANY SMALL COALITIONS. THERE IS ONLY ONE BIG COALITION BECAUSE IT'S ALL THE CITIES OF CALIFORNIA. IT'S ABOUT 98% OF THE CITIES OF CALIFORNIA. SO THERE'S 483 CITIES IN CALIFORNIA, AND ABOUT 479 ARE MEMBERS OF THE LEAGUE OF CALIFORNIA CITIES. AND THEIR MISSION IS TO RESTORE AND PROTECT LOCAL CONTROL FOR CITIES THROUGH EDUCATION AND ADVOCACY. AND I KNOW THAT MISS GONSALVES AND ALL OF THE CONTRACT LOBBYISTS FOR CITIES GET TOGETHER. THEY'VE GOT THEIR OWN LOBBYISTS FOR CITIES CALLS AND THEN EVERY DEPARTMENT. SO LIKE CITY ATTORNEY, CITY MANAGERS, CITY FIRE CHIEFS AND ALL THE PLANNING AND PUBLIC WORKS ALL HAVE THEIR OWN GROUPS WHERE THEY GET TOGETHER. BUT I'M WONDERING, MISS GONSALVES, IF YOU CAN EXPLAIN TO US HOW CITY LOBBYISTS GET TOGETHER WITH THE LEAGUE OF CALIFORNIA CITIES LOBBYISTS TO COORDINATE PROTECTING LOCAL CONTROL? YEAH. THANK YOU FOR THE QUESTION. SO AS YOU MENTIONED, WE WORK REALLY CLOSELY WITH THE LEAGUE OF CALIFORNIA CITIES AS THE STATEWIDE ORGANIZATION FOR CITIES. THEY HAVE A SEAT AT THE TABLE AS ONE OF THE PRIMARY ORGANIZATIONS THAT REPRESENT LOCAL GOVERNMENT. SO WE DO HAVE A NUMBER. WE'VE GOT CITY CAUCUS, WHICH IS JUST CAL CITIES AND THEN CITY LOBBYISTS, WHERE WE MEET EVERY THURSDAY. AFTER WE'VE HAD A TON OF COMMITTEES AND EVERYBODY SHARES AND COLLECTS INFORMATION, WE STRATEGIZE ON HOW TO, YOU KNOW, WHO NEEDS TO TALK TO WHO, WHAT ARGUMENTS SHOULD BE MADE WHERE. BUT ALSO, THAT BEING SAID, THEY ARE ON WE DO A PUBLIC WORKS CALL WITH ALL THE LOCAL GOVERNMENT AGENCIES, [01:30:05] WITH THE PUBLIC WORKS REP FOR EACH OF THOSE GROUPS. THEY'RE ON THAT CALL. AQUA, EVERY MONDAY MORNING WE'VE GOT A MEETING. AND THEY'RE VERY MUCH SPEARHEADING AND HEAVILY ENGAGED ON NOT JUST HOUSING LEGISLATION THAT AFFECTS LOCAL AGENCIES, BUT REALLY EVERY ISSUE AREA THAT IS MOST IMPORTANT. AND WE UNDERSTAND THAT WE WORK IN POLITICS, THAT WE'RE DEALING WITH GROUPS AND ORGANIZATIONS THAT RAISE MONEY, THEY CONTRIBUTE TO LAWMAKERS. IT'S VERY POLITICAL. AS LOCAL AGENCIES, WE DON'T HAVE THAT OPPORTUNITY. WE SAY WE WORK TWICE AS HARD TO ACHIEVE HALF THE RESULTS SOMETIMES. BUT THEY'RE IN EVERY MEETING SHARING INFORMATION AND REALLY TAKING ON TAKING ON THE BIGGEST FIGHTS, BECAUSE RIGHT NOW THERE IS NOTHING BIGGER THAN HOUSING AND LAND USE. GREAT. THANK YOU. I HAVE ANOTHER QUESTION RELATED TO THE QUESTION THAT COUNCIL MEMBER SHIN JUST ASKED ABOUT THE KIND OF CONNECTION TO FEES THAT MIGHT BE REQUIRED OF DEVELOPERS, AND EVEN THE SLIDE THAT WAS SHOWN EARLIER BY MS. SOHAGI ABOUT THE IMPACT FEES BEING REDUCED. WE TALK A LOT ABOUT UNFUNDED MANDATES, BASICALLY LEGISLATION THAT FROM THE STATE LEVEL THAT PUTS THE COST BURDEN ON CITIES. AND THAT'S SUPPOSED TO BE ILLEGAL TO DO THAT, TO JUST SHIFT THE COST. BUT I KNOW THE LEAGUE OF CITIES CALCULATED ABOUT $1 BILLION. ACTUALLY, IT'S NOT OUR EVEN OUR CALCULATION. IT'S FROM THE LEGISLATIVE ANALYST'S OFFICE, AN INDEPENDENT ORGANIZATION THAT DETERMINES THESE KINDS OF CALCULATIONS. THEY CAME UP WITH THE EXISTING CURRENT NUMBERS, ABOUT $1 BILLION IN UNFUNDED MANDATES. I'M WONDERING HOW IS IT THAT THE STATE LEGISLATURE CAN GET AWAY WITH THIS IF IT'S SUPPOSED TO BE ILLEGAL? WELL, I'M I DON'T HAVE AN ANSWER. I SHARE YOUR CONCERN BECAUSE EVERY TIME I READ A NEW BILL, I GO DOWN TO THAT BOTTOM LINE AND THE UNFUNDED SHIFTED TO YOU. AND, I DON'T KNOW, MAYBE IT'S A QUESTION FOR SHARON IF THAT IS A TOPIC OF DISCUSSION, BECAUSE IT SEEMS TO ME IT'S CRITICAL TO YOUR FISCAL BOTTOM LINE. YEAH. IT HASN'T BEEN. I KNOW WHICH STUDY YOU'RE REFERRING TO. AND IN TIMES OF BUDGET SURPLUS, THERE WAS AN EFFORT TO TRY TO PUSH THE LEGISLATURE TO FUND SOME OF THESE UNFUNDED MANDATES. RIGHT NOW, IN TIMES OF BUDGET UNCERTAINTY, THAT CONVERSATION HAS DIED DOWN A BIT. COUNCIL MEMBER, IF I CAN JUST ADD ON TO THAT, I'LL SAY, IN THE LAST COUPLE OF YEARS LEAGUE OF CALIFORNIA CITIES HAS TAKEN IT ON AS A ADVOCACY INITIATIVE TO GET THE STATE TO COMMIT TO REIMBURSING CITIES AND LOCAL JURISDICTIONS FOR UNFUNDED MANDATES. THEY HAVE A DETAILED ACCOUNTING CITY BY CITY OF UNFUNDED MANDATES AND THE DIRECT REIMBURSEMENT THAT IS DUE TO CITIES THROUGHOUT THE STATE AND CONTINUE TO MAINTAIN THAT. AND SO UNFORTUNATELY, THEIR ADVOCACY EFFORTS HAVE NOT GONE VERY FAR WITH THE LEGISLATURE IN RESPONSE. THANK YOU. I HAVE BEEN IN THOSE ADVOCACY MEETINGS WITH THE LEAGUES, TALKING POINTS, ASKING FOR THAT MONEY. BUT MISS GONSALVES IS CORRECT. WE CAN'T ASK FOR THAT NOW. WE'VE GOT A BUDGET DEFICIT, THE STATE, AND IT'S JUST ENOUGH TO FIGHT FOR WHAT WE HAVE AND FOR THEM NOT TO DO MORE DAMAGE AND TO EASE UP. AND WE CONTINUE TO FIGHT. SO THANK YOU VERY MUCH. I DON'T HAVE ANY MORE QUESTIONS, MISS BHAT-PATEL. OKAY. ONE LAST QUESTION IS YOU TALK ABOUT ALL THESE EFFORTS AT THE WE'RE DOING THROUGH THE LEAGUE OF CALIFORNIA CITIES AND OUR LOBBYISTS. BUT IT DOESN'T SEEM LIKE WE'RE TAKING ONE STEP FORWARD AND THREE STEPS BACKWARDS. ANY IDEAS OF WHAT WE CAN DO? CLEARLY, WHAT WE'RE DOING ISN'T GETTING THE JOB DONE. DO WE HAVE ANY IDEAS OR IS THERE ANYTHING ON THE BACK BURNERS? I'LL DEFER THE BULK OF THAT QUESTION TO MISS GONSALVES. YOU KNOW, FOR THE CITY STANDPOINT, I GUESS IN MY RESPONSE, WE CONTINUE TO ENGAGE AND MONITOR AND DIRECTLY COMMUNICATE WITH OUR REPRESENTATIVES THE CITY'S PERSPECTIVE ON THESE ISSUES AND SHARE OUR CONCERNS IN TERMS OF THE IMPACTS NOT ONLY TO THE CITY, BUT OUR CONSTITUENTS AND THE QUALITY OF LIFE THAT WE TRY TO MAINTAIN HERE WITHIN OUR CITY. VERY MUCH GOING TO FISCAL RESPONSIBILITY AND OUR ABILITY TO MAINTAIN A FISCALLY HEALTHY COMMUNITY AND THE IMPACTS THAT SOME OF THEIR INITIATIVES ARE HAVING ON OUR ABILITY TO DO THAT. BEYOND THAT, I WOULD I WOULD LOOK TO AGAIN, CONTINUE THAT CONVERSATION. [01:35:01] FOR A STATEWIDE DISCUSSION OF TRYING TO REIN IN THE LEGISLATURE THAT WILL TAKE A MONUMENTAL EFFORT TO GET THAT INITIATIVE ON THE BALLOT AND THEN BE SUCCESSFUL, EDUCATE VOTERS AND GET THEM TO ACT COUNTER TO THE INTERESTS OF THE STATE IN THIS ISSUE. SO, MISS GONSALVES, I DON'T KNOW IF YOU HAVE ANYTHING TO ADD ON THAT ON THAT FRONT. THE QUESTION IS YEAH. OH, GO AHEAD, GO AHEAD, GO AHEAD. SORRY. PLEASE. OH, I WAS JUST GOING TO I DIDN'T HEAR THE QUESTIONS. BUT WE DO CONTINUE TO ADVOCATE. WE DO TRY TO FOCUS ON USING WHAT IT IS THAT THE LEGISLATURE IS TRYING TO ACHIEVE AND SHOWING THEM THAT, LIKE, HEY, MOST CITIES ARE ACTUALLY GOOD ACTORS. THEY'RE PRODUCING THE HOUSES THAT THEY NEED TO HAVE. THEY'RE TRYING TO WORK WITH DEVELOPERS, THEY WANT TO BUILD HOUSING, BUT AT THE END OF THE DAY, YOU KNOW, IT'S UP TO THE DEVELOPERS TO ACTUALLY BUILD THE HOUSING. SO MAYBE WE DON'T JUST LOOK AT IT FROM ONE SIDE, BUT WE KIND OF LOOK AT ALL THE MULTIPLE PLAYERS. YOU KNOW, THEY'RE FOCUSING. THE LEGISLATURE'S HEAVILY FOCUSED ON AFFORDABILITY THIS YEAR, AND IT'S AMAZING THAT WE'VE PASSED ALL OF THESE HUNDREDS OF BILLS THESE LAST FEW YEARS. BUT AND ALL THE TALK FOR ALL THE TALK ABOUT AFFORDABILITY, WE'RE NOT THEY'RE NOT ACTUALLY LEADING TO AFFORDABLE UNITS. SO AT SOME POINT YOU'VE GOT TO LOOK BEYOND THE CITIES AND JUST LOOKING AT THEM AS NEGATIVE ACTORS, BECAUSE MOST OF THE TIME THEY'RE WANTING TO BUILD HOUSING. THEY'RE LOOKING TO BUILD THEIR COMMUNITIES. WHEN YOU LOOK AT THE EVERYDAY RESIDENTS, THEY WANT TO LIVE IN A COMMUNITY. THEY DON'T WANT TO JUST LIVE WITH NO PARKS AND NO AMENITIES, NO ROADS FOR PARKING. SO THERE'S DEFINITELY THAT DISCONNECT THERE. BUT IT DOES IT DOES HELP TO BE ACTIVELY ENGAGED. AND WHEN THE CITY TAKES A POSITION, WE GO TO COMMITTEE. AND WHEN WE SAY THAT THE CITY IS OPPOSED AND YOUR LAWMAKER IS SITTING UP THERE AND THEY SEE US THERE KNOWING THAT IF THEY VOTE FOR THIS, THAT THEY'RE VOTING AGAINST YOU. SO THERE'S DEFINITELY SOMETHING EFFECTIVE ABOUT THAT. AND THEM HAVING TO COME BACK HOME AND BE ACCOUNTABLE FOR THOSE VOTES. SO IT'S IMPORTANT TO BE ENGAGED. AND I THINK THE OTHER THING THAT THE CITY DOES REALLY WELL IN THEIR ADVOCACY EFFORTS IS THAT IT'S VERY SPECIFIC TO THE CITY. IT'S NOT IT'S NOT BLANKET SUPPORT OR OPPOSE POSITIONS. IT'S VERY MUCH LIKE WE'RE OPPOSED TO THIS BECAUSE THIS IS HOW IT AFFECTS OUR COMMUNITY AND THE RESIDENTS WHO HAVE CHOSEN TO LIVE HERE. CLOSING COMMENTS. MR. SHIN. I JUST THANK YOU GUYS FOR THE PRESENTATION. AND, YOU KNOW, IT'S APPARENT THAT WE HAVE A HOUSING SHORTAGE. THERE'S NO DENYING THAT. I CAN'T AFFORD THE HOME THAT I BOUGHT A FEW YEARS BACK. AND I THINK ABOUT MY CHILDREN, AND I WONDER WHERE THEY'RE GOING TO LIVE. AND I THINK IT'S ALWAYS A SUPPLY AND DEMAND ISSUE, SO THAT'S THE REMEDY. I JUST FEEL LIKE IT'S BEEN DONE WITH A SLEDGEHAMMER AS OPPOSED WITH A SCALPEL. AND I APPRECIATE WHAT YOU GUYS ARE DOING. IT JUST SEEMS LIKE A MAJOR SENSE OF FRUSTRATION FOR US TO NOT BE ABLE TO HAVE THE STATE KIND OF CURATE AND ALLOW FOR ADAPTIVE ADAPTABILITY BETWEEN FROM ONE CITY TO THE NEXT TO BE ABLE TO SCALE, SCALE THIS BECAUSE IN THINKING OF OTHER CITIES NOT JUST HERE, BUT LIKE I FOUGHT FIRES IN NORTHERN CALIFORNIA AND THEN THINKING ABOUT HOW THOSE SMALL TOWNS WITH LITTLE ROADS ARE GOING TO HAVE TO EXPAND THEMSELVES SO FAR. I MEAN, I SEE PUBLIC SAFETY RISKS JUST BY, JUST BY SHEER ALONE THAT IT'LL BE INTERESTING TO SEE HOW WE'RE GOING TO CHALLENGE THIS, BUT I APPRECIATE THE, YOUR GUESTS FOR COMING, BUT LIKE, JASON, JUST YOUR POSITION HERE IS SO VALUABLE. JUST REALLY SEES THAT WE CAN VENT. AND IT'S GOING TO GO SOMEWHERE. SO THAT'S ALL. MISS BURKHOLDER. THANKS. I WISH MR. DUGAN HAD STAYED FOR THIS PORTION OF THE MEETING TONIGHT, HE WOULD HAVE BEEN HIGHLY ENLIGHTENED ON SOME OF THE ARENA. CHALLENGES THAT WE ARE FACING, PARTICULARLY IN DISTRICT ONE. THIS LEGISLATION IS A COMPLETE DERELICTION OF OUR GROWTH MANAGEMENT PLAN. AS THE MAYOR SAID EARLIER. THAT WAS A PLAN THAT WAS YEARS IN THE MAKING. IT WAS A VERY THOUGHTFUL PLAN. IT WAS A VERY I THOUGHT, APPROPRIATE GROWTH MANAGEMENT FOR THE CITY. AND THE VILLAGE IS THE AREA OF THE CITY I REPRESENT. YOU MAY OR MAY NOT KNOW. THAT'S, I THINK, THE LION'S SHARE OF THE ARENA NUMBERS THAT WE NEED TO MEET. AND THAT MEANS INFILL AND REDEVELOPMENT. WE ALREADY HAVE OPPORTUNITIES FOR IMPROVEMENTS TO OUR SEWER AND WATER IN THE OLDEST PART OF THE CITY. AND I'M TROUBLED BY THE MITIGATION FEES BEING TAKEN AWAY, PARTICULARLY FOR THAT, BECAUSE WHEN I THINK OF HEALTH AND SAFETY, I WOULD ECHO AGAIN SORT OF WHAT THE CONCERNS ARE OF THE MAYOR. [01:40:07] WATER AND SEWAGE IS REALLY IMPORTANT. AND SO WE LIKE TO WHEN WE FLUSH THE TOILET, WE LIKE FOR THAT TO HAPPEN AND DRINK WATER EVERY DAY. THOSE ARE GOING TO BE CHALLENGES AS FAR AS SB 79 IS CONCERNED. THIS IS A PERFECT EXAMPLE OF AN UNINTENDED CONSEQUENCES IN LEGISLATION. JUST BECAUSE YOU'RE A HALF A MILE FROM THE COASTER DOES NOT MEAN YOU RIDE THE COASTER. NO RIDERSHIP WAS TAKEN INTO CONSIDERATION BY ANYBODY IN THE STATE LEGISLATURE WHEN THEY THOUGHT THIS WOULD BE A GOOD IDEA. IF YOU LOOK AT RIDERSHIP, I WISH TOM WERE HERE SO I COULD BE LIKE, TOM, COME ON. ARE YOU SERIOUS? IT'S NONE, YOU KNOW. NOBODY. WHY DON'T WE RIDE IT? BECAUSE WE CAN'T GET HOME. IF WE RIDE THE COASTER, WE CAN'T GET HOME WITH OUR COSTCO STUFF. WE CAN'T EVEN GET TO COSTCO. SO NONE OF THAT IS LOGICAL OR MAKES ANY SENSE FOR CARLSBAD. NOT EVEN A POINSETTIA STATION? NEITHER STATION. THAT MAKES NO SENSE, RIGHT? SO I BELIEVE JUST LIKE MISS GONZALEZ SAID, JUST WANTING MORE AFFORDABLE HOMES DOES NOT MAKE AFFORDABLE HOMES. DEVELOPERS HAVE TO BUILD THEM. SO HOW MANY DOES IT TAKE? IS IT GOING TO BE 100 APARTMENTS TO FOR THEM TO BREAK EVEN AND MAKE MONEY ON SOMETHING LIKE THAT? I DON'T KNOW ANY DEVELOPER THAT WOULD WANT TO DO THAT, BUT I IT IS SO FRUSTRATING AS I SIT ON THE LEGISLATIVE SUBCOMMITTEE, YOU KNOW, AND WE SEE THESE BILLS COMING DOWN BECAUSE SHARON DOES SUCH A GREAT JOB OF, OF TRACKING EVERYTHING FOR US. AND, YOU KNOW, EVERYONE. IT'S LIKE, WHY WOULD WE WHY WOULD WE SUPPORT THAT TAKES ALL OF OUR CONTROL AWAY? WHAT'S THE PURPOSE OF ELECTING US IF WE DON'T GET TO HAVE RESIDENTS VOICES BE HEARD AT THESE AT THESE THINGS. SO I THANK YOU. IT MUST BE FRUSTRATING FOR YOU TOO. YOU CAN PROBABLY TELL I'M VERY FRUSTRATED BY IT BECAUSE IT AFFECTS THE VILLAGE AND IT JUST IS TAKING AWAY ALL OF THE COMMUNITY DESIRES FROM THE VILLAGE. THEY DON'T WANT MASS DEVELOPMENTS AND WHAT THESE BILLS AIM TO ACCOMPLISH IS NOT WHAT WE SEE IN CARLSBAD. SO I WISH WE HAD SOME BRIGHTER PEOPLE IN THE CAPITOL. THANKS, MR. ACOSTA. THANK YOU. THANKS FOR THE PRESENTATION. THANK YOU TO THE SAGES. THANK YOU TO JASON HABER AND OUR STAFF FOR ALL THE HARD WORK WE DO ON LEGISLATION. AND OF COURSE, TO MISS GONSALVES AND CCPG FOR REPRESENTING US IN SACRAMENTO. I DO THINK THAT CARLSBAD HAS A VERY ACTIVE ADVOCACY VOICE AMONGST CITIES IN CALIFORNIA. NOT ONLY DO COUNCIL MEMBER, BHAT-PATEL AND I BOTH SIT ON THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS REPRESENTING CITY STATEWIDE, BUT WE CONTINUE TO BE INVOLVED IN EVEN THE POLICY COMMITTEES. I CAN'T REMEMBER WHAT POLICY COMMITTEE THE TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE IS THE NAME OF THE ONE THAT COUNCIL MEMBER BHAT-PATEL IS ON, AND I'M ON THE ENVIRONMENTAL QUALITY POLICY COMMITTEE, BUT WE ARE REALLY TAKING POSITIONS FOR CARLSBAD ON BILLS THAT AFFECT ALL OF US IN OUR COMMUNITY. MANY OTHER COMMUNITIES DON'T HAVE THE SAME SETUP THAT WE DO. THEY DON'T HAVE THE LEGISLATIVE PROGRAM THAT WE DO, OR EVEN HAVE A REPRESENTATIVE ADVOCATING FOR THEM IN SACRAMENTO, LIKE MISS GONSALVES. THEY DON'T HAVE THE ABILITY TO SIT ON POLICY COMMITTEES AND EXTERNAL ORGANIZATIONAL COMMITTEES WHERE THEY'RE TAKING ADVOCACY POSITIONS. SO I'M GRATEFUL THAT WE HAVE THAT HERE IN CARLSBAD, AND WE'RE ABLE TO STAND UP FOR OUR PEOPLE. ONE THING THAT WE'RE ALWAYS TALKING ABOUT IS HOW WE IN CARLSBAD HAVE COMPLIED WITH OUR HOUSING ELEMENT UPDATE. WE HAVE MET OUR RHNA NUMBERS WITH CUSHION WITH BUFFER. THANK YOU, MR. MURPHY. THANKS TO EVERYBODY WHO WORKED ON THOSE THINGS. AND WE CAN SPEAK WITH CONFIDENCE AS A CITY THAT HAS DONE A GREAT JOB. WE ARE NOT ONE OF THE CITIES, AS I NOTED IN SOME OF THE LAWSUITS THAT HAVE PROTESTED, EVEN PRODUCING THEIR HOUSING ELEMENT, THEY WEREN'T ONE OF THE ONES CERTIFIED RIGHT AWAY LIKE WE WERE. IT TOOK US A LONG TIME. WE BROUGHT THE COMMUNITY ALONG, AND WE CONTINUE TO EDUCATE THE COMMUNITY AS WE'RE DOING TODAY, TALKING ABOUT WHAT THESE ISSUES ARE AND JOINING TOGETHER IN OUR FRUSTRATION TO FIND THE BEST PATH FORWARD. THESE ARE NOT EASY. THESE ARE COMPLEX ISSUES. THERE'S 120 LEGISLATORS LIVING IN SACRAMENTO HALF, HALF TIME, YOU KNOW, DURING LEGISLATIVE SESSION. USUALLY THEY'RE MONDAY THROUGH THURSDAY LIVING THERE AND NOT CONNECTING EVERY DAY WITH THE FOLKS IN THEIR DISTRICT. THEY MEET WITH PEOPLE WHO COME TO THEM IN THEIR OFFICES IN THE CAPITOL. AND A LOT OF TIMES THOSE ARE LOBBYISTS. THOSE ARE PAID LOBBYISTS FROM BIG INDUSTRY THAT ARE MEETING WITH THEM ALL THE TIME. THEY'RE NOT YOU. THEY'RE NOT YOUR AVERAGE RESIDENT WHO'S WORKING AND CARING FOR THEIR KIDS OR OLDER AND IS NOT ABLE TO FLY UP TO SACRAMENTO AND BE WITH THEM ALL THE TIME, LIKE THE PAID INDUSTRY LOBBYISTS ARE. SO WE ARE TRYING TO DO OUR BEST AND HOPEFULLY IT'S WORKING. YOU KNOW, A LITTLE BIT AND WE'RE WORKING THROUGH LEAGUE OF CALIFORNIA CITIES CITY'S TRYING TO ENCOURAGE OTHER CITIES TO HAVE A PROGRAM LIKE OURS TO DO WHAT THEY CAN, TO ALSO WEIGH IN AND TO BE SOPHISTICATED ABOUT THEIR ADVOCACY, BECAUSE JUST RAILING AGAINST THE SYSTEM AND SAYING NO IS NOT GOING TO GET US [01:45:05] ANYWHERE. WE HAVE TO GET INVOLVED IN ELECTIONS. WE HAVE TO ELECT PEOPLE WHO ANSWER QUESTIONS THE WAY WE AGREE WITH, YOU KNOW, RESPECTING LOCAL CONTROL, UNDERSTANDING LOCAL LAND USE AUTHORITY, AND AN UNDERSTANDING THAT WE ALL DO KNOW THAT THERE IS A LACK OF HOUSING IN OUR STATE. I, TOO, HAVE A DAUGHTER THAT I'M LOOKING AT HOUSING FOR. SHE'S 25. GREAT JOB. YOU KNOW, PROFESSIONAL COLLEGE DEGREE. BUT HOW IS SHE GOING TO LIVE IN CARLSBAD? HOW IS SHE GOING TO LIVE IN CALIFORNIA? SHE WANTS TO LIVE BY THE COAST. YOU KNOW, I DON'T WANT TO BE MEAN ABOUT IT, BUT, WOW, IT'S VERY EXPENSIVE. WE'RE LUCKY THAT WE ARE HERE, AND I WILL HELP ALL I CAN. BUT WHAT ARE WE GOING TO DO FOR OUR FUTURE GENERATIONS? IT'S NOT LOOKING GOOD, SO WE NEED TO DO EVERYTHING THAT WE CAN DO. I NOTED SPECIFICALLY IN THESE AMAZING INFORMATIONAL BULLETINS? I DON'T KNOW, MR. MURPHY, IF THAT'S YOUR DOING, BUT THEY'RE AMAZING THAT CARLSBAD HAS A 97% HIGHER COST OF LIVING THAN THE NATIONAL AVERAGE. 97% HIGHER COST OF LIVING THAN THE NATIONAL AVERAGE. WE NEED TO DO SOMETHING ABOUT PRODUCING MORE HOUSING, BUT WE NEED TO DO IT IN A WAY THAT ALLOWS CITIES TO HAVE A VOICE AND RESPECTS OUR LOCAL LAND USE AUTHORITY. SO THANK YOU AGAIN FOR THE PRESENTATION. WE WILL KEEP WORKING ON IT AND WE APPRECIATE THE PARTNERSHIP. MISS BHAT-PATEL. YES. THANK YOU. FIRST OFF EXTENDED GRATITUDE TO THE INTERNAL AND EXTERNAL PARTNERS THAT WE HAVE ON THIS PARTICULAR ISSUE. YOU KNOW, STARTING OFF WITH OBVIOUSLY, I MEAN, THIS IS DECADES IN THE MAKING. THIS IS NOT AN ISSUE THAT HAS HAPPENED OVERNIGHT. IT'S SOMETHING THAT, YOU KNOW, WAY BACK WHEN, AS FOLKS STARTED TO DEVELOP THEIR CITIES, IS THERE. THERE MIGHT HAVE NOT BEEN ENOUGH FORESIGHT INTO WHAT IT WOULD LOOK LIKE IN NOW WE'RE IN 2025. AND SO I THINK ONE OF THE THINGS THAT YOU KNOW, WE'RE GRAPPLING WITH AND IS JUST, OF COURSE, COST OF HOUSING. I MEAN, OUR WHAT? MEDIAN HOUSE PRICE HERE IN THE CITY OF CARLSBAD IS, WHAT, LIKE AROUND 1.4 MILLION OR SOMETHING TO THAT EXTENT. AND SO THAT'S THAT'S HIGH. AND I THINK ONE OF THE THINGS THAT YOU CAN HEAR IS ALL OF US ARE DEFINITELY FRUSTRATED. I THINK IT'S EXTREMELY IMPORTANT TO HOLD OUR STATE ELECTED OFFICIALS ACCOUNTABLE. I THINK ONE OF THE THINGS THAT WE CONTINUE TO DO AS A CITY, AND OF COURSE, AS INDIVIDUALS, IS THAT WE CONTINUE TO ADVOCATE. AND I DO THINK THAT WE TAKE A VERY STRONG ADVOCACY APPROACH. YOU'VE HEARD FROM FOLKS THAT ARE ADVOCATING ON OUR BEHALF AS WELL AS OURSELVES. AND I DO THINK THAT IT'S EXTREMELY IMPORTANT FOR US TO HAVE SOLUTIONS ORIENTED THINKING. WE HAVE TO BE ABLE TO BE AT THE TABLE TO PROVIDE FEEDBACK TO FOLKS SO THAT THEY'RE HOPEFULLY TAKING IT SERIOUSLY. AND IT SOUNDS LIKE, YOU KNOW, FOR INSTANCE, OUR STATE LEGISLATORS ON SB 92 AND AB 87, THAT'S AN EXAMPLE WHERE OUR STATE LEGISLATORS ARE REPRESENTING US TO ENSURE THAT THAT DENSITY BONUS LAW ISN'T BEING UTILIZED IN A NEGATIVE MANNER MOVING FORWARD. AND THEN I THINK, YOU KNOW, CAL CITIES, OTHER ORGANIZATIONS ARE DOING WHAT THEY CAN TO CONTINUE TO ADVOCATE. WE NEED PEOPLE THAT ARE GOING TO LISTEN AT THE LEGISLATURE. AND SO THAT'S THE PIECE THAT'S MISSING, RIGHT? I MEAN, THAT'S THE CRITICAL PIECE. I THINK WHAT ENDS UP HAPPENING IS YOU SEE ALL THESE BILLS AND THESE APPROACHES THAT FOLKS ARE TRYING TO TAKE A ONE SIZE FITS ALL APPROACH. AND WE ALL KNOW I MEAN, WE KNOW HOW AMAZING CARLSBAD IS. WE ALL I'M SURE EVERYONE FEELS THAT WAY ABOUT EACH OF THEIR CITIES, BUT WE'RE ALL VERY DIFFERENT AND VERY UNIQUE. AND I THINK THAT'S THE PART THAT'S HARD IS YOU HAVE RURAL COMMUNITIES, SUBURBAN COMMUNITIES, URBAN COMMUNITIES, AND ALL OF US HAVE SO MANY DIFFERENT ASPECTS THAT DON'T NECESSARILY GET TAKEN INTO CONSIDERATION WHEN FOLKS ARE THINKING ABOUT LEGISLATION. AND THAT'S JUST ANOTHER THING THAT, AGAIN, AS WE CONTINUE TO TALK ABOUT LOCAL CONTROL BEING ERODED, THERE'S THERE'S A WHOLE I FEEL LIKE A LOT OF DIFFERENT LAYERS TO THAT. SO I THINK ONE OF THE THINGS THAT I JUST WANTED TO REEMPHASIZE IS, YOU KNOW, FOR, FOR OUR CONSTITUENTS CONTINUE TO WRITE IN TO US, WE'RE OBVIOUSLY DOING WHAT WE CAN TO FORWARD THAT INFORMATION ON TO YOUR STATE LEGISLATORS, YOUR OTHER REPRESENTATIVES. WRITE IN TO THOSE PEOPLE AS WELL. I KNOW IT'S HARD TO FIND THAT INFORMATION SOMETIMES, BUT HOPEFULLY WHAT I WOULD SAY IS THAT WHEN THEY HEAR FROM THEIR CONSTITUENTS, IT MAKES A BIGGER DIFFERENCE. YOU KNOW, OBVIOUSLY WE'RE DOING WHAT WE CAN, BUT IF THEY START HEARING FROM HUNDREDS OF YOU, THOUSANDS OF YOU, THAT THIS IS NOT SOMETHING THAT WE WANT TO SEE. THAT IS SOMETHING THAT I WOULD THINK AND THIS IS NOT JUST HERE LOCALLY. IT WOULD HAVE TO HAPPEN STATEWIDE, BUT I THINK THAT'S SOMETHING THAT WOULD BE IMPORTANT TO MAKING THINGS CHANGE. BUT OTHER THAN THAT, I JUST WANT TO SAY THANK YOU. AND, YOU KNOW, WE'LL CONTINUE TO ADVOCATE IN WHATEVER WAY WE CAN AND ENSURING THAT WE CAN PROTECT OUR LOCAL CONTROL. IN MY CONVERSATIONS WITH THE ATTORNEYS, I UNDERSTAND EVERY TIME THE ATTORNEYS, THE BEST MINDS GET TOGETHER AND TRY TO FIX THIS PROBLEM. [01:50:04] IF THEY COME UP WITH A GOOD IDEA, THE STATE JUST CHANGES THE LAW TO MEET THEIR NEEDS. I'VE BEEN TOLD PRETTY MUCH BY ALL OF THE THE SMARTEST ATTORNEYS. YOU'RE NOT GOING TO WIN THIS FIGHT IN THE COURTS THAT YOU NEED TO WIN IT POLITICALLY. I WISH WE HAD A BIGGER VIEWERSHIP. SO I CAN TELL PEOPLE, STOP COMPLAINING TO US. MAKE YOUR DECISIONS ON HOW YOU VOTE FOR STATE LEGISLATORS. I THINK THAT'S GOING TO BE THE ONLY WAY WE'RE ABLE TO CHANGE THIS. AND, AND I TRUST SOME OF THE BRIGHTEST MINDS OF ATTORNEYS WHO'VE TOLD ME THIS. SO THANK YOU FOR YOUR PRESENTATION. I'M SORRY. WE ALL SIT UP HERE AND LOOK AT YOU WITH FRUSTRATION. BUT YOU'RE THE ONE HERE FOR US TO COMPLAIN TO. AND THANKS TO OUR STAFF, EVERYBODY'S DOING A GREAT JOB. I'M JUST SO SAD WE'RE NOT MAKING THE HEADWAY WE WISH WE WERE MAKING. THANK YOU. THANK YOU FOR YOUR TIME, I APPRECIATE IT. THANK YOU. OKAY. NEXT IS ITEM NUMBER EIGHT, CITY MANAGER. [8. SETTLEMENT AGREEMENT BETWEEN CITY OF CARLSBAD, SAN DIEGO GAS & ELECTRIC COMPANY, AND CABRILLO POWER I LLC] NEXT ITEM IS A REPORT ON THE SETTLEMENT AGREEMENT BETWEEN CITY OF CARLSBAD, SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER, LLC. AND GIVING THE PRESENTATION IS DEPUTY CITY MANAGER GARY BARBERIO. ALL RIGHT. THANK YOU. ASSISTANT CITY MANAGER. MAYOR, MEMBERS OF THE COUNCIL. I'VE GOT TO SAY THAT I'M ACTUALLY VERY EXCITED TO BE HERE ON THIS ITEM. JERRY BARBERIO, DEPUTY CITY MANAGER, COMMUNITY SERVICES, AND I'M JOINED WITH MY PARTNER ON THIS EFFORT CINDY MCMAHON, OUR CITY ATTORNEY. IT'S BEEN A LONG ROAD TO GET TO THIS POINT, BUT WE ARE HERE TONIGHT TO PRESENT TO YOU WHAT'S COMMONLY KNOWN NOW AS THE SEASIDE AGREEMENT. AND IT'S AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER ONE, LLC. SO FOR THE REST OF THIS PRESENTATION, I WILL BE REFERRING TO SAN DIEGO GAS AND ELECTRIC AS SDG&E, AND CABRILLO POWER ONE, LLC AS CAB ONE. SO JUST TO ORIENT THE COUNCIL AND THE THOUSANDS OF PEOPLE WATCHING THIS PRESENTATION ON TELEVISION THIS THIS AERIAL DEPICTS THE LANDS THAT ARE PART OF THIS AGREEMENT. LET ME JUST START AT THE CORNER OF CARLSBAD BOULEVARD AND CANON ROAD IN ORANGE IS CANON PARK. IN BLUE IS THE EXISTING LAND THAT THE SD GENIE SERVICE CENTER IS ON. NEXT TO THAT IS THE LAND OWNED BY CAB ONE. THE OLD ENCINA POWER STATION SITE. THE SDG&E SWITCH, WHICH SERVICES THE NEW POWER PLANT. BETWEEN THE FREEWAY AND THE RAILROAD TRACKS. AND THEN OUTLINED IN BLUE IS THE DESAL PLANT. WE HAVE THE WHOLE LENGTH OF CARLSBAD BOULEVARD. WE HAVE, THE BLUFF, WHAT'S KNOWN AS THE BLUFF LAND ACROSS FROM THE OLD ENCINA SITE. WE'LL BE TALKING ABOUT ALSO A PARCEL ON THE NORTH SHORE. NORTH SHORE LAND OF OWNED BY THE MIDDLE LAGOON OF THE AGUA HEDIONDA LAGOON. AND THEN THE INNER LAGOON. ALSO ON THE EAST SIDE OF THE FREEWAY AND NORTH SIDE OF CANNON ROAD. SDG&E OWNS A PROPERTY KNOWN AS LOT 11. AND THEN ADJACENT TO THAT IS THE GENERAL AREA OF OUR HUB PARK LEASE. SO THERE'S BEEN A LONG HISTORY. AND WE'VE BEEN NEGOTIATING WITH SDG&E, AND CAB 1 TO RELOCATE SDG&E SERVICE CENTER YARD AWAY FROM THE COAST. THIS STARTED WITH THE ORIGINAL AGREEMENT BACK IN 2014. WHICH WAS THE RESULT OF CAB 1 AND SDG&E, SEEKING TO BUILD A NEW POWER PLANT IN CARLSBAD THAT ACTUALLY HAPPENED. IT'S THE NEW PEAKER PLANT BETWEEN THE RAILROAD TRACKS AND THE FREEWAY, AND IT LED TO THE SHUTDOWN, DECOMMISSIONING AND DEMOLITION OF THE OLD ENCINA STATION POWER STATION. SO OVER THE YEARS, WE'VE BROUGHT TO THE COUNCIL A NUMBER OF OPTIONS THAT WE IDENTIFIED TO TRY AND RELOCATE THE SDG&E YARD. BUT WITHOUT SUCCESS. IN AUGUST OF 2023, SDG&E AND [01:55:10] CAB 1 CAME TO US WITH THE SEASIDE OPTION, WHICH IS THE OPTION THAT IS PART OF THIS AGREEMENT. THE LAST TIME WE UPDATED YOU ON OUR PROGRESS TOWARDS THIS AGREEMENT WAS IN DECEMBER OF 2023. AND AT THAT TIME YOU GAVE US DIRECTION TO, YOU KNOW, NEGOTIATE AN AGREEMENT AND BRING IT BACK TO US? ONE OF THE THINGS WE TOLD YOU AT THAT TIME IS THAT WE WERE TRYING TO NEGOTIATE AN AGREEMENT FOR THE CITY. THAT WAS BETTER THAN THE $10 MILLION CONSOLATION PRIZE. AND EVERYTHING WE PRESENTED TO YOU THAT WE WERE NEGOTIATING FOR IN DECEMBER OF 2023 IS INCLUDED IN THIS AGREEMENT. SO THAT'S NOT ONLY JUST HAVING THE AGREEMENT AT THE FINISH LINE HERE, BUT THE FACT THAT WE WERE SUCCESSFUL IN WHAT WE HAD TOLD YOU IS A GREAT RESULT. SO WHAT IS THE SEASIDE AGREEMENT? IT'S THE BIGGEST POINT IS THAT WE'RE RELOCATING, PUSHING SD GENIE SERVICE CENTER TO THE EAST. THEY'LL ACQUIRE A PIECE OF PROPERTY FROM CAB 1 WHERE THEY'LL TAKE THE USES THAT WERE ON THE WESTERN PORTION. WE'RE PUSHING THEM OFF OF AND USE THAT TO MOVE PARKING AND MATERIALS, LAY DOWN AREA TO THAT NINE ACRES, AND THEN THAT WESTERN PORTION OF THE PROPERTY WILL COME TO THE CITY. IT'S SIX ACRES. GROSS. FIVE ACRES NET. AND THAT WILL END UP BEING THE CITY'S OWNERSHIP AND INCLUDES CANNON PARK. SO HERE'S A GRAPHIC OF THAT AREA. SO OUTLINED IN ORANGE IS THE LAND THAT WOULD BE COMING TO THE CITY. CANNON PARK IS AT THE CORNER. THE REST OF THE ACREAGE WRAPS AROUND CANNON PARK. AND THEN THIS IS THE NINE OR SO ACRES THAT WOULD COME TO SD JEANNIE TO BE PART OF THEIR SERVICE CENTER FROM CAB 1. SO THE USES THAT YOU SEE IN THIS AREA WOULD MOVE BACK HERE. AND THIS LAND WOULD COME TO THE CITY. WE DON'T KNOW WHAT THOSE USES WILL BE ON THAT LAND THAT COMES TO US. BUT AS WE TOLD YOU IN DECEMBER WE'LL BE GETTING THE OWNERSHIP OF CANNON PARK. RIGHT NOW WE LEASE IT, SO WE'LL HAVE OWNERSHIP OF THAT. AND THEN COUNCIL IS AWARE THAT WE HAVE A LICENSE FOR A TEMPORARY STATION, FIRE STATION SEVEN ON CAB ONE'S PROPERTY IN THIS LOCATION. AND THIS COULD BE A FUTURE SITE FOR PERMANENT LOCATION FOR THE FIRE STATION. NOW, COUNCIL HAS NOT GIVEN ANY DIRECTION ON ANY OF THOSE POTENTIAL LAND USES YET, AND WE CERTAINLY HAVE NOT GONE THROUGH PERMITTING OR ENVIRONMENTAL, BUT WE WOULD NEED TO DO THAT. THERE ARE A NUMBER OF OTHER COMMUNITY BENEFITS THAT COME TO CARLSBAD FROM THIS AGREEMENT. WE WOULD HAVE THE ABILITY TO TAKE OWNERSHIP OF A 5.75 OR SO ACRE PIECE OF PROPERTY ON THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON, THE NORTH SHORE LAND. FROM CAB ONE WE WOULD BE ABLE TO TAKE OWNERSHIP OF THE BLUFF LAND, THE MIDDLE AND INNER LAGOON BASINS OF THE AGUA HEDIONDA LAGOON. AND THEN FROM BOTH CAB 1 AND SDG&E, THE UNDERLYING OWNERSHIP OF CARLSBAD BOULEVARD AND CANON ROAD. WE DO HAVE A RIGHT OF WAY EASEMENT, BUT WE DO NOT OWN THE LAND. THAT COULD BE SOMETHING VERY HELPFUL TO US AS WE ENCOUNTER SEA LEVEL RISE AND JUST FOR RESILIENCY PURPOSES. SO LET ME SHOW YOU THOSE PROPERTIES. THIS IS THE NORTH SHORE LAND, 5.75 OR SO ACRES. IT DOES INCLUDE WHAT COULD BE A VERY ATTRACTIVE POCKET PARK ON THE UPPER BLUFF AREA, AMAZING VIEWS OVER CARLSBAD BOULEVARD TO THE OCEAN FROM THERE. THAT WOULD COME FROM SDG&E THE BLUFF LAND FROM CAB ONE. CURRENTLY WE HAVE WHAT'S CALLED AN IRREVOCABLE OFFER OF DEDICATION OVER THE UPPER BLUFF AREA THAT CAME TO US FROM THE DESAL PLANT APPROVAL. BUT WE WOULD HAVE THE ABILITY TO TAKE OWNERSHIP OF THE ENTIRE PARCEL. BASICALLY FROM WARM WATER JETTY ALL THE WAY SOUTH TO THE TERRAMAR NEIGHBORHOOD. AND THEN THE MIDDLE AND INNER LAGOON BASINS OF AGUA HEDIONDA. WE CURRENTLY HAVE A LEASE ON THE INNER LAGOON WATER SURFACE. AND WE USED TO HAVE THE LEASE ON THE MIDDLE LAGOON. [02:00:03] WE GAVE THAT UP A NUMBER OF YEARS AGO, AND NOW THE YMCA HAS THAT. LET'S SEE. AND THEN CARLSBAD BOULEVARD LAND AND CANNON ROAD LAND. THE BLUE IS THE FRONTAGE ACROSS CAB ONE, AND THE YELLOW IS FRONTAGE ACROSS SDG&E HOLDINGS. ANOTHER MAJOR COMMUNITY BENEFIT FROM THIS AGREEMENT IS THE ABILITY TO DEVELOP THE HUB PARK TRAIL SYSTEM IN THE HUB PARK LEASE AREA. SD GENIE HAS AGREED TO GRANT THE CITY AN EASEMENT ACROSS LOT 11 THAT WILL ALLOW THE CITY TO DEVELOP A SMALL TRAILHEAD PARKING LOT AND WILL GIVE ACCESS FOR THE TRAIL SYSTEM FROM CANON ROAD TO THE HUB PARK LEASE AREA. WILL ALSO GIVE US ACCESS TO TWO EXISTING PEDESTRIAN TUNNELS THAT RUN UNDER CANON ROAD SO WE CAN CONNECT THE FUTURE HUB PARK TRAIL SYSTEM ON THE NORTH SIDE OF CANON, WITH THE EXISTING AND PLANNED TRAILS ON THE SOUTH SIDE OF CANON ROAD. THOSE PEDESTRIAN TUNNELS WERE PUT IN PLACE WHEN A NINE HOLE GOLF COURSE WAS PLANNED. SO THEY'RE ACTUALLY THERE AND BURIED UNDER, UNDER CANON ROAD RIGHT NOW. AND THEN SDG&E WILL BE PROVIDING THE CITY WITH $1 MILLION TOWARDS THE DEVELOPMENT OF THE HUB PARK TRAIL SYSTEM. SO HERE'S A GRAPHIC OF THE PARK LEASE AREA OUTLINED IN RED. THE POTENTIAL TRAIL SYSTEM IN YELLOW RUNNING THROUGHOUT. AND THEN LOT 11 OUTLINED IN THE WHITE, THE PARKING LOT AND THEN THE TWO UNDER CROSSINGS UNDER CANNON ROAD. SO THERE ARE OTHER THERE ARE OTHER PROPERTY TRANSFERS IN THIS AGREEMENT. CAB ONE WILL, AS I MENTIONED EARLIER, WILL PROVIDE GRANT TO SDG OWNERSHIP OF THE 9.2 ACRE PROPERTY ALONG THE RAILROAD TRACKS WHERE THEY'LL MOVE THEIR EXISTING PARKING MATERIALS TO. THERE'S THE SWITCHYARD LAND ON CAB ONE'S PROPERTY. IT'S A SWITCHYARD THAT IS THE SWITCH THAT SERVICES THE NEW ENERGY CENTER PROJECT. AND RIGHT NOW, SDG&E HAS A LEASE ON THAT. BUT WITH THIS AGREEMENT, CAB ONE WILL BE TRANSFERRING OWNERSHIP TO SDG&E. AND THEN CAB ONE WILL BE PAYING SDG&E $20 MILLION. AND THAT MONEY WILL BE USED TO HELP BUILD THE NEW ADMINISTRATION BUILDING ON THE REMAINING SERVICE CENTER LAND. AND THEN SDG&E WILL GRANT CAB ONE THE CANNON ROAD ACCESS EASEMENT WHICH WILL BE USED TO PROVIDE ACCESS TO THE CITY'S PROPERTY. SD JEANNIE'S PROPERTY. AND THEN THE CAB ONE REDEVELOPMENT LAND. OKAY, LET ME SHOW YOU WHAT THAT LOOKS LIKE. SO THE 9.2 ACRES IS BACK HERE ALREADY MENTIONED. THIS IS THE HILDA'S CURRENT ADMINISTRATION BUILDING FOR SGA. THEY WILL BUILD A NEW ADMINISTRATIVE BUILDING ON THE SERVICE CENTER SITE. AND THEN ULTIMATELY, WE'LL DEMOLISH THE HILDA'S BUILDING. INCLUDING THE UNDERGROUND UTILITIES. AND THAT WILL COME TO THE CITY. AND THEN THE ACCESS EASEMENT WILL RUN FROM LOS ROBLES ON CANON THROUGH THE SITE, OVER TO CARLSBAD BOULEVARD, AND WILL HELP SERVE OUR LAND AS A SERVICE CENTER AS WELL AS THE FUTURE CAB ONE REDEVELOPMENT AREA. SO IF COUNCIL APPROVES THE AGREEMENT TONIGHT, IT BECOMES EFFECTIVE TOMORROW. IMMEDIATELY, IT WILL TERMINATE THE ORIGINAL SETTLEMENT AGREEMENT FROM 2014, AND IT WILL START 180 DAY INITIAL DUE DILIGENCE PERIOD. THERE IS A WITH THE ADOPTION APPROVAL OF THE AGREEMENT. GOING FORWARD, THERE IS A WHOLE BUNCH OF WORK THAT NEEDS TO HAPPEN TO GET TO THE LANDS COMING TO THE DIFFERENT PARTIES. SO THIS, THIS INITIAL 180 DAY DUE DILIGENCE PERIOD IS KIND OF LIKE A FATAL, FATAL FLAW PERIOD. MAKING SURE THAT THERE ISN'T A FATAL FLAW AND THAT EVERYBODY WANTS TO CONTINUE TO MOVE FORWARD. AND THEN WE'LL ENGAGE IN THE HEAVY LIFTING TO, TO IMPLEMENT THE AGREEMENT. SO SPEAKING ABOUT IMPLEMENTATION OF THE AGREEMENT. SO SDG IS A UTILITY. THEY'RE REGULATED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION. [02:05:06] AND ALL PROPERTY TRANSFERS NEED TO BE REVIEWED AND APPROVED BY SDG OR EXCUSE ME BY THE PUC. UNDER SECTION 851. AND THEN THERE'S ALSO A TRIBAL LAND TRANSFER POLICY THAT THEY'LL HAVE TO ADHERE TO. AND SO UNDER 851, THEY WILL NEED TO APPLY TO THE PUC WITH A FORMAL APPLICATION. BUT TO DO THAT, SDG&E NEEDS A CERTIFIED ENVIRONMENTAL DOCUMENT. SO THE FIRST THING WOULD BE SDG SUBMITTING AN APPLICATION TO THE CITY FOR THE NECESSARY DISCRETIONARY PERMITS AND THE ENVIRONMENTAL REVIEW FOR THE PROJECT AND THE LAND TRANSFERS, ETC.. ONCE THEY HAVE A CERTIFIED CEQA DOCUMENT FROM THE CITY THEY WILL THEN APPLY TO THE PUC. BUT CONCURRENT WITH THAT CITY APPLICATION, THEY'LL ALREADY BE DRAFTING THE PUC APPLICATION. YOU KNOW, I DON'T KNOW, THAT CITY'S EVER REALLY BEEN INVOLVED IN AN APPLICATION TO THE PUC, BUT SDG TELLS US THAT THIS IS LIKELY TO BE THE MOST COMPLICATED AND UNIQUE APPLICATION TO THE PUC, SO WE'LL BE THERE AS THEIR PARTNER, ALONG WITH CAB ONE, TO TRY AND GET IT ACROSS THE FINISH LINE WITH THE PUC. SO ONCE SDG HAS THEIR CITY PERMITS, THEY'LL APPLY TO THE PUC. THEY'LL ALSO NEED TO APPLY TO THE CALIFORNIA COASTAL COMMISSION FOR A COASTAL DEVELOPMENT PERMIT FOR THE PROJECT. AND THE CITY WOULD ALSO BE MAKING AN APPLICATION FOR A LOCAL COASTAL PROGRAM AMENDMENT TO THE COASTAL COMMISSION. AND THAT'S NEEDED TO WE'LL NEED TO ADJUST THE GENERAL PLAN, LAND USE AND ZONING DESIGNATIONS ON THE PROPERTIES TO COMPLY WITH THE USES THAT THEY'RE GOING TO BE USED FOR IN THE FUTURE. SO IF WE ARE ABLE TO OBTAIN ALL THE APPROVALS, THE CITY'S APPROVAL, THE PUC APPROVAL, AND THE COASTAL COMMISSION APPROVAL THE INITIAL SET OF PROPERTY CONVEYANCES AND FINANCIAL TRANSACTIONS THAT ARE OUTLINED IN THE AGREEMENT WILL HAPPEN. THAT'S THE INITIAL CLOSE. THE EXCEPTION WILL BE THE 3.6 ACRES OF THE CITY, LAND THAT SURROUNDS CANNON PARK. AND THAT'S BECAUSE THAT'S THE LOCATION OF WHERE THE EXISTING HILDA'S ADMINISTRATION BUILDING IS. SO WE'LL GET THAT LAND ON WHAT'S KNOWN AS THE SECOND CLOSE IN THE AGREEMENT. THE 3.6 ACRES. IN THE MEANTIME, BETWEEN THE INITIAL AND THE SECOND CLOSE, SDG&E WILL CONTINUE TO OCCUPY THE HILDA'S BUILDING. THEY WON'T BE ABLE TO START CONSTRUCTION ON THE NEW ADMIN BUILDING UNTIL THE ALL THE APPROVALS ARE IN PLACE. AND THEN THERE'S THE TIME PERIOD FOR CONSTRUCTION OF THE BUILDING. IN THE MEANTIME, THEY NEED A PLACE TO HOUSE THEIR EMPLOYEES. BUT ONCE THE NEW BUILDING IS CONSTRUCTED ON THE REMAINING SERVICE CENTER LAND, THEY WILL VACATE AND THEN DEMOLISH THE HILDA'S BUILDING, INCLUDING THE UNDERGROUND UTILITIES, AND THEN THE REMAINING 3.6 ACRES ACRE PROPERTY WILL BE CONVEYED TO THE CITY. ONE OF THE THINGS COUNCIL MADE VERY CLEAR WAS YOU KNOW, THE 2014 AGREEMENT VERSUS THIS AGREEMENT. THERE WAS, YOU KNOW, A BIG DIFFERENCE BETWEEN THOSE TWO AND THAT THIS NEW AGREEMENT SHOULD NOT COME AT ANY COST TO THE CITY. SO ALL OF THE TRANSACTIONAL COSTS, ETC. WILL BE EQUALLY SPLIT BY CAB 1 AND SDG&E. AND I LIKE THE LAST LINE. THE CITY WILL NOT BEAR ANY OF THESE COSTS. A LOT OF WORK AFTER THIS AGREEMENT AND A LOT OF TIME. SO THE CITY, THE PUC AND THE COASTAL COMMISSION APPROVALS ARE EXPECTED TO TAKE THREE AND A HALF TO FIVE YEARS. NOW WE'LL GET US TO THE ADDITIONAL CLOSING. AND THEN ANOTHER TWO YEARS OR 5 TO 7 YEARS AFTER THE AGREEMENT. EFFECTIVE DATE FOR THE SECOND CLOSING. SO IT COULD TAKE ANYWHERE FROM THREE AND A HALF TO SEVEN YEARS TO HAVE ALL THE LANDS TRANSFER AND US TO ACTUALLY OWN THE LAND AND THE NEW ADMIN BUILDING TO BE BUILT. IF FOR SOME REASON WE DON'T OBTAIN ALL THE APPROVALS WE STILL HAVE THE CONSOLATION PRIZE OF $10 MILLION. SO WE WOULDN'T BE ABLE TO FULLY IMPLEMENT THE AGREEMENT IF THE PUC OR COASTAL DOES NOT APPROVE THE PERMITS. CAB 1 WOULD STILL NEED TO PAY THE CITY $10 MILLION. AND THEN WE ALSO NEGOTIATED THAT CAB ONE WOULD STILL PROVIDE THE ABILITY FOR THE CITY TO TAKE OWNERSHIP OF THE MIDDLE LAGOON LAND, THE INNER LAGOON LAND AND THE BLUFF LAND AND THROUGH IODS. [02:10:01] AND SO WE CAN TAKE THOSE WHEN WE'RE READY TO TAKE THEM. AND THEN CAB ONE WOULD GIVE CITY OWNERSHIP OF THE CARLSBAD BOULEVARD LAND THAT FRONTS CAB 1 PROPERTY. THERE'S TWO RECOMMENDED ACTIONS. THE FIRST IS THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING THE NEW SEASIDE AGREEMENT, TERMINATING THE PRIOR 2014 AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE DOCUMENTS AND TAKE ALL THE ACTIONS NECESSARY TO IMPLEMENT THE NEW AGREEMENT. IT'S. YEAH. SORRY. IT SAYS TERMINATE THE PRIOR AGREEMENT TWICE. WE ONLY NEED TO DO IT ONCE. AND THEN THE SECOND RECOMMENDATION IS FOR THE BOARD OF THE CARLSBAD MUNICIPAL WATER DISTRICT TO ADOPT A BOARD RESOLUTION TERMINATING THE SETTLEMENT AGREEMENT FROM JANUARY 2014, AND THEN AUTHORIZING THE EXECUTIVE MANAGER TO EXECUTE ALL THE DOCUMENTS AND TAKE ALL THE ACTIONS NECESSARY TO TERMINATE THE AGREEMENT. THAT THAT CONCLUDES MY PRESENTATION. WE DO HAVE REPRESENTATIVES HERE TODAY. FROM SDG&E AND FROM CAB 1 WHO PROBABLY PUT IN SPEAKER SLIPS. IF WE HAVE ANY GENERAL PUBLIC SPEAKER SLIPS THAT MAY BE ADVISABLE TO HEAR FROM SDG&E AND CAB 1 FIRST. DO THE REPRESENTATIVES MISS DE GENIE AND CAB 1 WANT TO SPEAK OR JUST ANSWER QUESTIONS? S O SORRY I COULDN'T HEAR YOU. PLEASE. MR. MAYOR, CITY COUNCIL MEMBERS. I JUST WANT TO THANK YOU ALL FOR YOUR COLLABORATION AND YOUR PATIENCE. I'M SORRY. COULD YOU STATE YOUR NAME, PLEASE? APOLOGIES. JENN JETT. JENNIFER JETT WITH SDG&E. I'M OUR VP OF OPERATIONS SUPPORT. THANK YOU AGAIN FOR LETTING US HAVE THE OPPORTUNITY TO SPEAK TODAY. THIS HAS BEEN A LONG TIME COMING, AND I KNOW LAST TIME WE WERE HERE, WE MADE SOME ASSURANCES THAT WE WOULD MAKE PROGRESS. AND I CAN TELL YOU, I THINK FROM THAT LAST TIME WE WERE HERE, WE'VE MET WEEKLY ALMOST WEEKLY. SO I THINK THAT IN ITSELF IS A TESTAMENT TO HOW SERIOUSLY WE TOOK FINDING RESOLUTION TO THIS. AND I, LIKE GARY, SHARE IN THE ENTHUSIASM. THIS IS A BIG MILESTONE. WE OBVIOUSLY HAVE SOME WORK TO BE DONE IN ROLLING UP OUR SLEEVES AND WORKING ON THE APPLICATIONS AND THE PERMITS, BUT WORKING WITH GARY AND CINDY AND CAB ONE, IT'S BEEN A LONG TIME COMING, BUT I THINK WE ACTUALLY ALL WALKED AWAY FEELING REALLY GOOD ABOUT THE OUTCOME. YOU KNOW, US BEING ABLE TO PUT A REASONABLE BUT ACTUALLY MANAGEABLE AND I THINK ACHIEVABLE PATH FORWARD TO OPENING UP LAND TO THE CITY ALONG CARLSBAD BOULEVARD IS SIGNIFICANT. AND THAT WAS ONE OF OUR PRIMARY GOALS. I THINK THE OTHER THING WE'RE EXCITED ABOUT TOO, IS HELPING WITH THE HUB PARK TRAIL SYSTEM AND BEING A PART OF THAT AND SUPPORTING THAT. SO REALLY, I JUST WANTED TO TAKE THE OPPORTUNITY TO THANK EVERYBODY, ESPECIALLY FOR THE PATIENCE AS WE WORK THROUGH ALL OF THIS. WE ALSO HAD TO MAKE SURE IT WAS SOMETHING THAT WE FELT WAS STRONG ENOUGH TO GET THROUGH THE PUC PROCESS, BECAUSE THOSE APPLICATIONS ARE COMPLICATED, AND WE WANTED TO MAKE SURE THAT THIS DEAL REPRESENTED THE BEST POSSIBLE CHANCE OF IT GETTING THROUGH THAT PROCESS. SO AGAIN, I JUST WANT TO SAY THANK YOU ON BEHALF OF SDG&E. WE LOOK FORWARD TO THE ONGOING PARTNERSHIP. AND THANK YOU AGAIN FOR THE FOR THE TIME. MAYOR, A MEMBER OF THE CITY COUNCIL. I'M MARK ROHRLICH. I'M SENIOR DIRECTOR OF NRG ENERGY AND ALSO VICE PRESIDENT OF CABRILLO POWER ONE, LLC. I'M HERE TO GIVE SUPPORT FOR THIS AGREEMENT. IT'S BEEN A LONG TIME COMING. ALL OF US ARE ON A FIRST NAME BASIS NOW. SO IF YOU DON'T SIGN, THEN WE'LL BE BACK ON A LAST NAME BASIS, I SUPPOSE. BUT ALL KIDDING ASIDE, THIS WAS A LOT OF WORK. A LOT OF WORK PUT IN BY ALL OF US. I'M VERY HAPPY WITH THE OUTCOME. I THINK ALL OF US ARE HAPPY THAT WE'RE HERE TODAY. I KNOW IT'S LOOKING AT THE TIMELINE. IT'S THE BEGINNING OF A LONG PROCESS, BUT AT THE END, I THINK IT'S A GREAT OUTCOME FOR THE CITY, FOR NRG, CAB 1 AND ALSO SDG&E. SO I WANT TO THANK YOU AND THANK STAFF FOR WORKING SO HARD ON THIS. DO WE HAVE PUBLIC SPEAKERS? THERE ARE NO ADDITIONAL SPEAKERS. THANK YOU. ANY QUESTIONS FROM COUNCIL? YES, MISS BURKHOLDER. [02:15:01] MR. BARBERIO, HOW MANY YEARS HAVE YOU BEEN WORKING ON THIS PROJECT? STARTING WITH THE 2014 AGREEMENT. THAT WAS OCTOBER OF 2013. I THINK IT'S PROBABLY SAFE TO SAY, YOU KNOW, EVERYTHING ABOUT THIS PARCEL AND EVERYTHING THERE, RIGHT? IT'S BEEN A JOURNEY. ALL RIGHT. WELL, MY QUESTION IS, WHO IS HILDA? I NEVER MET THE WOMAN. IT HAS TO BE. THERE WAS A CAFE THERE, AND IT WAS CALLED HILDA'S CAFE. YEAH. ONE OF THE THINGS I'M GOING TO DO PROBABLY NEXT WEEK IS ASK OUR HISTORIANS AT THE LIBRARY TO SEE IF THEY CAN FIND SOME PHOTOS OF HILDA'S CAFE. THAT'S AWESOME. THANK YOU. I HAVE SOME COMMENTS, BUT THAT WAS JUST MY ONE QUESTION. ANY OTHER QUESTIONS, MISS ACOSTA? THANK YOU. THANKS FOR ALL THE HARD WORK ON ALL THIS AND TO THE CITY ATTORNEY AS WELL. MY FIRST QUESTION IS FOR YOU, AND I THINK THE SECOND ONE IS FOR THE CITY ATTORNEY. THE FIRST ONE IS ABOUT THE PARK. SO I THINK ON THE PREVIOUS SLIDE 23, WE TALK ABOUT YEAH, IF ANYTHING HAPPENS, BACK UP. CAB 1 MUST PAY THE CITY 10 MILLION. WILL PROVIDE THE IODS FOR MIDDLE LAGOON LAND INNER AND THE BLUFF LAND GIVE CITY OWNERSHIP OF CARLSBAD BOULEVARD LAND. AND I WAS LIKE. AND THE PARK. DO YOU ALSO GET THE PARK? WE DO NOT GET THE PARK, BUT WE WILL STILL HAVE A LEASE ON CANNON PARK. OKAY. THEN I GUESS RELATED TO THAT, THEN JUST IN TERMS OF LIKE THE LENGTH OF WHAT HAPPENS NEXT. SO SAY WE APPROVE THIS NOW AND THE LONG PROCESS WITH THE PUC AND KIND OF THE TRANSFERS JUST, I JUST WANT TO MAKE SURE THAT IT'S ALL VERY TIGHT BECAUSE IT SEEMS LIKE THE CONSTRUCTION, THE DEMOLITION OF THE HILDA BUILDING AND THE CITY BEING ABLE TO TAKE OVER THAT THAT AREA IS IMPORTANT TO THE CITY'S SMALL, MUCH SMALLER PIECE THAN WE ORIGINALLY TALKED ABOUT THAT WE WOULD BE RECEIVING NOW. AND I JUST WANT TO MAKE SURE WE DON'T END UP ON THE LOSING END OF THIS DEAL. SO I GUESS THAT'S WHY I'M KIND OF LIKE SHIFTING TO THE CITY ATTORNEY ABOUT MAKING SURE THAT THIS IS NICE AND TIGHT. SO THERE'S NO WAY THAT WE'RE GOING TO SOMEHOW END UP ON THE LOSING END OF THIS, BECAUSE IT'S BEEN SUCH A JOURNEY TO GET HERE. LIKE WE'VE GOT SAFEGUARDS AND IT'S TIGHTLY WRITTEN IN THE AGREEMENT. I LOOKED AT IT, BUT I'M NOT A LAWYER. IT'S PROBABLY THE MOST SOPHISTICATED AGREEMENT THAT I'VE EVER BEEN A PART OF. IT'S EVIDENCED BY ITS LENGTH. BUT I'D ALSO SAY, LIKE, THIS IS THE QUINTESSENTIAL ARM'S LENGTH TYPE OF AGREEMENT WHERE EVERY PLAYER HAD THEIR OWN INTERESTS INVOLVED, AND, IN IT. YOU KNOW, IT'S SO DETAILED THAT YOUR EYES WILL GLAZE OVER IF YOU TRY TO. IF YOU TRY TO READ IT. IT'S ALSO WRITTEN IN A WAY WHERE THERE'S NOT A LOT OF INCENTIVE TO FIGHT. ALL THE INCENTIVE IS ABOUT MOVING THIS DEAL FORWARD. AND AS MR. BARBERIO MENTIONED, THERE'S A BUNCH OF HURDLES THAT WE HAVE TO ACHIEVE. BUT IT'S ALL WRITTEN SO THAT EVERYBODY HAS THIS COMMON INCENTIVE TO KEEP MEETING ALL OF THOSE OBJECTIVES UNTIL WE GET TO THE POINT WHERE WE CAN HAVE THIS CLOSING AND DO THE LAND TRANSFERS. AND I WOULD JUST ADD ON THIS SLIDE THE 2014 AGREEMENT, THE CONSOLATION PRIZE WAS $10 MILLION. WE DID NEGOTIATE YOU KNOW, POTENTIAL LAND OWNERSHIP OF FOUR DIFFERENT PIECES OF PROPERTY IN ADDITION TO THE $10 MILLION IN THIS NEW AGREEMENT. AND THE WAY THE 2014 AGREEMENT WAS WRITTEN IS EITHER THE CITY OR SDG&E COULD GENERALLY, YOU KNOW, THROW IN THE TOWEL AT ANY POINT IN TIME. NEITHER PARTY EVER DID THAT, AND WE JUST COULD NEVER FIND THE PERFECT PIECE OF PROPERTY TO COMPLETELY RELOCATE SDG&E. SO, YOU KNOW, YES, IT WOULD BE TRAGIC IF WE DON'T GET ALL THE APPROVALS AND WE DO END UP WITH THE CONSOLATION PRIZE INSTEAD OF ALL THE COMMUNITY BENEFITS THAT ARE BAKED INTO THE AGREEMENT. BUT THERE IS A BETTER OUTCOME THAN WE HAD FROM THE 2014 AGREEMENT. THANK YOU. I HAVE THAT PHILOSOPHY OF HOPE FOR THE BEST, BUT PLAN FOR THE WORST. SO DEFINITELY HOPING FOR THE BEST. THANK YOU ALL FOR YOUR PARTICIPATION AND EVERYBODY COMING TOGETHER ON THIS. I DON'T HAVE ANY COMMENTS BECAUSE I KIND OF THREW THAT IN WITH THE QUESTION. THANKS. DO YOU HAVE ANY QUESTIONS, MS. BHAT-PATEL? START WITH COMMENTS, MISS BHAT-PATEL. SURE. THANK YOU. AND THANKS TO ALL THE PARTIES INVOLVED. AND I KNOW MR. BARBERIO AND MISS MCMAHON AND THE REST OF THE TEAM THAT'S BEEN INVOLVED. I JUST WANT TO SAY, I KNOW IT'S BEEN A LENGTHY PROCESS, AND I AM THANKFUL THAT WE HAVE BEEN ABLE TO FIND SOME FORM OF A SOLUTION TO MOVE FORWARD AND LOOKING FORWARD TO IT COMING TO FRUITION, SO THAT WE CAN ACTUALLY PROVIDE ALL OF THOSE BENEFITS THAT WE'VE TALKED ABOUT TO OUR [02:20:04] COMMUNITY. SO AGAIN, JUST I'LL KEEP IT SHORT AND SWEET. BUT THANK YOU SO MUCH. AND I'M HAPPY TO MOVE ADOPTIONS OF BOTH OF THE RESOLUTIONS. SECOND. MS. ACOSTA COMMENTS. MISS BURKHOLDER COMMENTS. JUST TO SAY THANK YOU, AND FOR ALL OF YOU THAT SAT THROUGH THE ENTIRE MEETING AND AN HOUR LONG PRESENTATION ABOUT HOUSING, THEY PROBABLY LEARNED SOMETHING YOU DIDN'T WANT TO KNOW. BUT MAINLY TO MR. BARBERIO. WE APPRECIATE ALL THE EFFORTS. AND IT JUST THIS JUST IS SUCH A BIG PROJECT. I'M SO GLAD THAT IT CAME THROUGH THE WAY IT DID, AND THAT THE CITY IS GOING TO HAVE SUCH A GREAT BENEFIT. THANK YOU. MR. SHIN. YEAH. IT JUST SEEMS LIKE THIS WAS A LEGACY PROJECT FOR A LOT OF YOU. FOR THOSE WHO HAVE BEEN HERE THE ENTIRE TIME I'VE WORKED ON THESE PROJECTS IN MY CITY WHEN I WORKED FOR, AND I KNOW THE FRUSTRATIONS. LOOKS LIKE WE FINALLY HAVE A GREAT DEAL. I SEE SOME FAMILIAR FACES, SO I'M REALLY EXCITED THAT ALL OF YOU GUYS WERE ABLE TO PARTICIPATE IN THIS. KNOWING THAT THIS CAN END UP BECOMING HOME FOR A FIRE STATION AS WELL. IT'S WELL NEEDED AND WELL POISED IN THIS POSITION IS SOMETHING THAT EXCITES ME AS WELL. MAYBE. I KNOW YOU KNOW HOW I THINK ABOUT THIS. AND THE LAST HURDLE. I THINK WE GOT TO START BAKING SOME COOKIES BECAUSE WE GOT TO ENCOURAGE CPUC AND THE COASTAL COMMISSION TO MOVE FORWARD ON THIS AS WELL. SEEMS LIKE THE REST OF US ARE ALL DOWN, BUT I'M GOING TO GET MY RECIPES DIALED. SO, OTHER THAN THAT, READY TO MOVE FOR THIS? THAT'S IT. WITH THIS I JUST HAVE ONE COMMENT. THIS DID START A LONG TIME AGO. AND I WANT TO THANK OUR STAFF AND OUR ATTORNEY'S OFFICE, BUT I ALSO WANT TO THROW IN A. THIS ALL STARTED WITH THEN CITY ATTORNEY CELIA BREWER, WHO SPENT A TON OF TIME ON THIS AND A TON OF TIME EDUCATING ALL OF THE COUNCIL MEMBERS AT THE TIME? I MADE A KIND OF A SMART ALECKY REMARK RECENTLY ABOUT I THOUGHT WE WERE GOING TO GET A MERCEDES, BUT IT LOOKS LIKE WE'RE GOING TO GET A HYUNDAI. THE REPRESENTATIVES FROM NRG NOT TO BE OUTSMARTED. OUTSMARTED BROUGHT ME A MODEL OF A MERCEDES AND SAID, HERE, NOW YOU HAVE YOUR MERCEDES. IN THIS PARTICULAR SETTLEMENT, I DON'T THINK WE GOT OUR MERCEDES, BUT IT'S NOT A HYUNDAI. I THINK WE GOT AN ACURA. SO I'M VERY PLEASED WITH THIS. I'M A GUY, SO EVERYTHING I SAY HAS TO DO WITH CARS. SO WE HAVE A MOTION AND A SECOND. PLEASE VOTE. THAT PASSES UNANIMOUSLY. AND THANKS TO SDG&E, NRG AND CABRILLO. AND THAT BRINGS US TO THE CONCLUSION OF OUR COUNCIL MEETING. [COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS] COMMENTS. MR. SHIN? I JUST WENT TO THE NEW VILLAGE ARTS GALA JUST A COUPLE DAYS OR TWO DAYS AGO, AND REALLY WAS ABLE TO SEE THE TRUE SPIRIT AND JUST HEART OF OUR COMMUNITY THERE AND, AND THE LOVE OF THAT THEATER. SO OTHER THAN THAT, THAT'S ALL I GOT TILL NEXT TIME. MS. BURKHOLDER. WELL, I THINK WE'VE TALKED ENOUGH ABOUT LEGISLATIVE SUBCOMMITTEE TODAY, SO I'LL JUST TELL EVERYONE, HAPPY EASTER. SEE YOU NEXT WEEK. MISS ACOSTA. THANK YOU. YES. WE DID TALK A BIT ABOUT LEGISLATIVE SUBCOMMITTEE TODAY, BUT I DIDN'T SHARE WITH YOU YET ABOUT MY ADVOCACY TRIP TO WASHINGTON, DC LAST WEEK. I WENT WITH MR. HABER ON BEHALF OF THE CITY OF CARLSBAD. AND I KNOW THAT COUNCIL MEMBER BURKHOLDER IS GOING NEXT MONTH BECAUSE WE'RE HAVING SEPARATE MEETINGS. AND, YOU KNOW, IF WE TRY TO GO TO THE SAME MEETING TOGETHER, IT'S A BROWN ACT VIOLATION BECAUSE WE ARE THE SUBCOMMITTEE FOR THE LEGISLATIVE SUBCOMMITTEE. SO WE CAN'T GO TOGETHER, BUT WE'RE GOING SEPARATELY. I WAS ABLE ALSO TO JOIN IN WITH THE SAN DIEGO REGIONAL CHAMBER OF COMMERCE. IT WAS THEIR DC ADVOCACY TRIP LAST WEEK AS WELL, SO I WAS ABLE TO ATTEND SOME EVENTS AND MEET WITH CONGRESSMAN PETERS, WHO SPOKE AT A LUNCH THERE. I ALSO FOUND OUT, LIKE JUST THE WEEK BEFORE I WENT, THAT IT WAS WATER WEEK AND THE SAN DIEGO COUNTY WATER AUTHORITY WAS THERE, TOO. AND I'M THE VICE CHAIR OF THE LEGISLATIVE COMMITTEE THERE. SO I WAS ABLE TO ATTEND SOME MEETINGS WITH MEMBERS OF CONGRESS AND ADMINISTRATION STAFFERS THERE. ALL IN ALL, BOTH MR. HABER AND I WERE EXTREMELY BUSY GOING AROUND FROM MORNING THROUGH LATE EVENING, GOING TO ALL KINDS OF EVENTS EVERY DAY FOR THE FOR THE FEW DAYS THAT WE WERE THERE. SO THAT WAS AN EXCELLENT VISIT. WE ALSO HAVE UPCOMING NEXT WEEK LEAGUE OF CALIFORNIA CITY SACRAMENTO ADVOCACY TRIP. SO THIS IS AN ANNUAL ADVOCACY TRIP FOR ALL THE CITIES OF CALIFORNIA. THEY GO TO SACRAMENTO AND THEY TALK ABOUT ALL THE HOT BILLS AND ADVOCATE ON BEHALF OF THEIR CITY, SHARING LOCAL EXAMPLES OF HOW THE CONSEQUENCES OF THESE BILLS WOULD IMPACT OUR COMMUNITIES. SO THAT'S VERY EXCITING. I'LL BE THERE STARTING NEXT WEDNESDAY, SO WE WILL HAVE A COUNCIL MEETING BEFORE THEN. LASTLY THE LEAGUE OF CALIFORNIA CITIES SAN DIEGO COUNTY DIVISION MET YESTERDAY ON ZOOM AND HAD SOME EXCELLENT PRESENTATIONS. SO JUST WANT TO UPLIFT THE GREAT WORK THAT WE'RE DOING IN ADVOCACY. [02:25:03] OH, SORRY. LAST COMMUNITY GARDEN OPENED YESTERDAY. SO THE STAGECOACH PARK COMMUNITY GARDEN , THE FIRST GARDEN IN SOUTH CARLSBAD, OPENED YESTERDAY. AND I'M SO EXCITED. I WAS HAPPY TO SEE PATRICE SMERDU, ONE OF OUR PUBLIC COMMENT SPEAKERS, EARLIER TODAY BECAUSE HER DAD, SHE DIDN'T MENTION IT. BUT IF YOU DON'T KNOW, HER DAD, HAROLD SMERDU, FOUNDED THE FIRST COMMUNITY GARDEN IN, I WANT TO SAY 82 OR 84 HERE IN CARLSBAD, UP, UP, ACROSS THE STREET FROM CITY HALL. SO IT'S VERY EXCITING TO SEE ALL THE FOLKS IN THE COMMUNITY COME OUT FOR THAT. THANKS. BEFORE YOU GO YOU TALKED ABOUT THAT. YOU WERE ON AN ADVOCACY TRIP. CAN YOU TALK A LITTLE BIT ABOUT WHAT YOU ADVOCATED FOR OR AGAINST? YES, VERY HAPPILY. SO WE ACTUALLY HAVE A HANDOUT THAT MR. HABER PRODUCED WITH THE COMMUNICATIONS STAFF, AND WE TALK ABOUT OUR LEGISLATIVE PLATFORM THAT THIS ENTIRE COUNCIL ADOPTED AND THE TOP FUNDING REQUESTS THAT WE ALL AGREED WERE THE BEST ONES. SO KIND OF DEPENDED ON WHICH MEMBER OF CONGRESS OR ADMINISTRATION OFFICIAL WE MET WITH. WE TALKED ABOUT THE TRENCHING AND DOUBLE TRACKING OF THE RAILROAD THROUGH CARLSBAD VILLAGE, AND GAVE EXAMPLES AND SHOWED RENDERINGS. WE TALKED ABOUT COASTAL RESILIENCY AND THE CARLSBAD BOULEVARD REALIGNMENT AND WHERE THE WAVES YOU KNOW THAT PICTURE WHERE THE WAVES ARE COMING UP OVER CARLSBAD BOULEVARD AND TALKED ABOUT SEA LEVEL RISE AND HOW WE NEED TO REALIGN CARLSBAD BOULEVARD. WE TALKED ABOUT THERE WAS ANOTHER OH, THE AIRPORT. WE MET WITH DOT AND FAA SPECIFICALLY TO TALK ABOUT HAVING THE TOWN HALL THAT WE PREVIOUSLY REQUESTED. WE AS A COUNCIL TALKED ABOUT THAT AND REQUESTED THE TOWN HALL AND FAA SAID, YES, WE'RE IN. THEY JUST WANT TO DO A VIRTUAL TOWN HALL. SO NOW IT'S A MATTER OF MAKING SURE WE GET THE DATES FROM THE COUNTY. AND I KNOW MR. HABER IS WORKING ON THAT, AND WE HAVE LOTS OF SUPPORT. AND CONGRESSMAN LEVIN IS VERY SUPPORTIVE AS WELL, OF MAKING SURE WE HAVE A COMMUNITY TOWN HALL TO TALK ABOUT THINGS LIKE THE VOLUNTARY NOISE ABATEMENT PROGRAM. SO THAT HANDOUT, IF ANYBODY WANTS IT, COULD PROBABLY FIND IT, I DON'T KNOW, ON OUR WEBSITE OR EMAIL MR. HABER FOR A COPY OF THE HANDOUT, WHICH WAS OUR LEAVE BEHIND THAT WE TOOK TO ALL OF OUR MEETINGS. AND IT WAS ALSO OUR GUIDE FOR OUR TALKING POINTS SO EVERYBODY CAN SEE WHAT WE ADVOCATED FOR. THANKS. THANK YOU. MISS BHAT-PATEL, MY TURN. OKAY. GREAT. SO YES, YESTERDAY WE HAD OUR LEAGUE OF CALIFORNIA CITIES DIVISION MEETING WHERE WE DID DISCUSS ECONOMIC DEVELOPMENT MEASURES THAT ARE BEING DISCUSSED AT THE THROUGH THE GOVERNOR'S OFFICE. SO IT WAS GO-BIZ, CALIFORNIA, THAT WAS THERE, AND THEY WERE TALKING TO US ABOUT THE DIFFERENT THINGS THAT THEY'RE DOING TO WORK WITH LOCAL BUSINESSES AND MAKING SURE THAT AS THINGS ARE CHANGING, THAT THEY'RE HELPING THEM NAVIGATE THROUGH THAT. AND THEN WE HAVE A NCTD MEETING THIS WEEK. AND WE'RE ACTUALLY GOING TO BE DISCUSSING BASICALLY IT'S A IT'S A RETREAT, BUT WE'LL BE DISCUSSING OUR, OUR PRIORITIES AND THEN LOOKING FORWARD INTO YOU KNOW, WHAT WE WOULD LIKE TO ACCOMPLISH OVER THE, THE REST OF THE YEAR, ESPECIALLY SINCE WE HAVE A LOT OF NEW BOARD MEMBERS. AND THEN AS WAS MENTIONED NEXT WEEK THERE'S THAT ADVOCACY TRIP FOR THE LEAGUE OF CALIFORNIA CITIES AS WELL AS A BOARD MEETING. AND JUST WANTED TO WISH EVERYONE A HAPPY EASTER FOR THOSE THAT CELEBRATE. AND I KNOW SATURDAY, I JUST WANT TO GIVE A SHOUT OUT TO OUR PARKS AND RECREATION STAFF, BECAUSE I KNOW YOU'LL BE PUTTING ON AN AMAZING EXTRAVAGANZA LIKE YOU DO EVERY YEAR. SO THANK YOU, CITY MANAGER. I JUST WANT TO SAY, TAMMY, I'M GOING TO MISS YOU AND THANK YOU FOR EVERYTHING YOU'VE DONE FOR THIS [CITY MANAGER COMMENTS] CITY. WHEN I FIRST CAME BACK FROM THE CITY OF POWAY, FROM THAT BRIEF STINT THERE, SHE'S THE FIRST PERSON THAT I HIRED TO JOIN THE CITY CLERK'S OFFICE. AND IT'S BEEN A PLEASURE WORKING WITH YOU, CITY ATTORNEY. [CITY ATTORNEYCOMMENTS] I DIDN'T GET A CHANCE TO WORK WITH TAMMY AS MUCH, BUT SHE'S BEEN A DELIGHT THE WHOLE TIME. OUR OFFICE REALLY APPRECIATES ALL THE WORK YOU'VE DONE FOR US. THANK YOU. AND NOTHING FURTHER. CITY CLERK AND I HAVE ANNOUNCEMENTS. [ANNOUNCEMENTS] TOMORROW, APRIL 16TH, 830 TO 10 A.M.. CITY OF CARLSBAD FIRE DEPARTMENT'S PROMOTION AND RECOGNITIONS AWARD CEREMONY. IT'LL BE AT CARLSBAD FIRE STATION NUMBER FIVE AT 2540 ORION WAY IN CARLSBAD. AND WE WILL ALL MISS YOU. TAMMY. THANK YOU FOR ALL THE SERVICE YOU'VE GIVEN US. FINALLY NOW YOU'RE GOING TO BE IN A POSITION WHERE YOU ONLY DO THE THINGS YOU WANT TO DO. WE'RE ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.