Apr 29, 2025 City Council Meeting

[00:00:01]

I'M CALLING TONIGHT'S MEETING TO ORDER. PLEASE TAKE ROLL. COUNCIL MEMBER SHIN.

[CALL TO ORDER]

MAYOR PRO TEM BHAT-PATEL HERE. MAYOR BLACKBURN PRESENT.

ALL FIVE COUNCIL MEMBERS ARE PRESENT. NEXT IS THE PLEDGE.

MISS BURKHOLDER, WOULD YOU PLEASE LEAD US IN THE PLEDGE? READY? BEGIN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

NEXT IS PRESENTATIONS. I INVITE COUNCIL MEMBER ACOSTA TO PRESENT THE PROCLAMATION FOR ENVIRONMENTAL INNOVATIONS.

[PRESENTATIONS]

THIS PROCLAMATION ACKNOWLEDGES AND RECOGNIZES THE GREEN BUSINESS PROGRAM.

APRIL 29TH, 2025. WHEREAS THE CITY OF CARLSBAD RECOGNIZES THE IMPORTANCE OF PROTECTING AND PRESERVING OUR NATURAL RESOURCES AND PROMOTING A SUSTAINABLE ENVIRONMENT. AND WHEREAS IN 2019, THE CITY OF CARLSBAD CITY COUNCIL APPROVED THE CITY'S INCLUSION IN THE CALIFORNIA GREEN BUSINESS NETWORK AND LAUNCHED THE CARLSBAD GREEN BUSINESS PROGRAM TO FURTHER THE CITY'S CLIMATE ACTION PLAN.

AND WHEREAS, THE CARLSBAD GREEN BUSINESS PROGRAM ENCOURAGES BUSINESSES OF ALL SIZES TO BE MORE SUSTAINABLE THROUGH PRACTICES THAT ACHIEVE GREENHOUSE GAS EMISSIONS REDUCTION, WASTE DIVERSION, STORMWATER PROTECTION, WATER CONSERVATION.

AND WHEREAS, SINCE THE LAUNCH OF CARLSBAD GREEN BUSINESS PROGRAM, THE FOLLOWING BUSINESSES HAVE COMPLETED THE NECESSARY STEPS TO BECOME A FULLY CERTIFIED OR CERTIFIED GREEN BUSINESS. BAMBI'S FLOWERS, CARLSBAD CHAMBER OF COMMERCE, CARLSBAD PIPELINES, CITY OF CARLSBAD FERRY DAY CENTER, CITY OF CARLSBAD STAGECOACH COMMUNITY CENTER, ILLUMINOUS MARKETING, LA COSTA NEIGHBORS MAGAZINE, LIVING DESIGN INTERIORS, MARCY BROWE PHOTOGRAPHY, MICROSCOPE WORLD, NEW VILLAGE ARTS, SHOUT AND ABOUT, SMARTVILLE INC..

STRAIGHT TALK SOLAR CO, AND VERDANI PARTNERS.

NOW THEREFORE, I COUNCIL MEMBER TERESA ACOSTA, ON BEHALF OF THE MAYOR AND CITY COUNCIL, DO HEREBY PROCLAIM THE AFOREMENTIONED ORGANIZATIONS AS CERTIFIED GREEN BUSINESSES IN THE CITY OF CARLSBAD AND ENCOURAGE ALL CARLSBAD BUSINESSES TO JOIN THE CARLSBAD GREEN BUSINESS PROGRAM.

GO AHEAD, SANDRINE, I INVITE YOU TO SAY A FEW WORDS.

THANK YOU MAYOR BLACKBURN, COUNCIL MEMBER ACOSTA, MEMBERS OF THE COUNCIL, CITY STAFF AND COMMUNITY.

MY NAME IS SANDRINE CASSIDY, SENIOR SUSTAINABILITY CONSULTANT FOR ENVIRONMENTAL INNOVATIONS.

ALONGSIDE MY DEDICATED TEAM I'M PROUD TO PARTNER WITH THE CITY OF CARLSBAD IN LEADING THE CARLSBAD GREEN BUSINESS PROGRAM.

THIS PROGRAM IS FREE IS A FREE RESOURCE DESIGNED TO HELP LOCAL BUSINESSES BECOME MORE ENVIRONMENTALLY RESPONSIBLE THROUGH A SIMPLE AND SUPPORTIVE CERTIFICATION PROCESS. WE WORK HANDS ON WITH BUSINESSES OF ALL SIZES AND INDUSTRIES, OFFERING CUSTOMIZED GUIDANCE TO HELP THEM MAKE SUSTAINABLE CHOICES THAT LEAD TO REAL BENEFITS LIKE COST SAVINGS, REGULATORY SUPPORT AND PUBLIC RECOGNITION.

TODAY, WE ARE HONORING WE ARE GOING TO HONOR 15 LOCAL BUSINESSES THAT HAVE TAKEN MEANINGFUL ACTION TO REDUCE THEIR ENVIRONMENTAL FOOTPRINT BY CONSERVING WATER, INCREASING ENERGY EFFICIENCY, AND ADOPTING GREENER DAY TO DAY PRACTICES.

WITH THEIR CERTIFICATION, THEY JOIN A GROWING MOVEMENT OF OVER 50 GREEN CERTIFIED BUSINESSES NOW IN CARLSBAD AND MORE THAN 4,500 ACROSS CALIFORNIA WHO ARE DRIVING SUSTAINABLE CHANGE IN OUR COMMUNITIES.

WE ARE CLIMATE ACTION ONE BUSINESS AT A TIME.

THANKS TO THEIR EFFORTS AND THE SUPPORT OF OUR PARTNERS, THE PROGRAM HAS DELIVERED MEASURABLE IMPACTS IN ENERGY SAVINGS, WATER CONSERVATION AND WASTE REDUCTION, AND TO NAME A FEW.

TOGETHER, THESE BUSINESSES REDUCE THEIR CO2 EMISSIONS EQUIVALENT TO PLANTING 605 ACRES OF URBAN TREES.

THEY SAVED A TOTAL OF KILOWATT HOUR IN A YEAR, EQUIVALENT TO POWERING 55 HOUSES FOR AN ENTIRE YEAR.

THEY SAVED CLOSE TO 150,000 GALLONS OF WATER, EQUIVALENT TO 3,400 BATHTUBS OF FRESH DRINKING WATER.

MORE BUSINESSES ARE CURRENTLY IN THE PROCESS OF CERTIFICATION, AND INTEREST CONTINUES TO GROW FOR THIS CITY RESOURCE.

THIS PROGRESS IS MADE POSSIBLE BY THE STRONG COLLABORATION BETWEEN THE CITY OF CARLSBAD AND OUR COMMUNITY PARTNERS.

TOMORROW, WE'RE LOOKING FORWARD TO HOSTING OUR ANNUAL RECOGNITION MIXER, A CELEBRATION OF THE INCREDIBLE WORK BEING DONE BY CARLSBAD'S GREEN BUSINESS LEADERS.

[00:05:10]

ON BEHALF OF THE 50 NEWLY CERTIFIED AND RECERTIFIED BUSINESSES, THANK YOU ONCE AGAIN FOR THIS RECOGNITION AND FOR YOUR CONTINUED COMMITMENT TO BUILDING A MORE SUSTAINABLE CARLSBAD [APPLAUSE].

MISS CASSIDY, WOULD YOU PLEASE HANG OUT FOR A PHOTO? DO I CAN I ASSUME THAT THESE THIS GROUP OF PEOPLE ARE WITH YOU? OUR GREEN BUSINESSES COME LINE UP AND WE'LL DO A PHOTO.

RIGHT? WE'LL DO IT AFTER THE NEXT PROCLAMATION.

NEXT, I INVITE DREW FRANCIS TO THE PODIUM.

IT'S MY PLEASURE TO READ THE WATER SAFETY MONTH PROCLAMATION.

MAY IS NATIONAL AQUATICS MONTH WITH A FOCUS ON WATER SAFETY.

SWIMMING AND AQUATIC RELATED ACTIVITIES PLAY A VITAL ROLE IN HELPING PEOPLE TO MAINTAIN GOOD PHYSICAL AND MENTAL HEALTH AND ENHANCE THE QUALITY OF LIFE FOR ALL PEOPLE.

IN SOUTHERN CALIFORNIA, DROWNING PREVENTION EDUCATION REQUIRES YEAR ROUND PUBLIC INFORMATION WITH AN EMPHASIS ON PLACING ARE PLACED ON THE SUMMER MONTHS.

ADULT SUPERVISION AT AQUATIC VENUES IS CRITICAL CRITICAL SAFETY FACTOR IN PREVENTING CHILDREN FROM DROWNING.

THE CITY COUNCIL OF CARLSBAD RECOGNIZES THE VITAL ROLE THAT WATER SAFETY EDUCATION PLAYS IN PREVENTING WATER RELATED INJURIES AND IS DEDICATED TO INCREASING PUBLIC AWARENESS ABOUT POOL, OCEAN AND WATER SAFETY.

NOW, THEREFORE, I, KEITH BLACKBURN, MAYOR OF THE CITY OF CARLSBAD, ON BEHALF OF THE CITY COUNCIL, DO PROCLAIM MAY 2025 AS WATER SAFETY MONTH IN THE CITY OF CARLSBAD, I INVITE YOU TO SAY A FEW WORDS.

THANK YOU, MAYOR BLACKBURN AND THE COUNCIL. I ACTUALLY WANT TO DEFER TO MY PARTNER HERE, ASHLEY BENSON, AND THEN I'LL FINISH UP. GOOD EVENING, MY NAME IS ASHLEY BENSON, AND I'M THE RECREATION SERVICES MANAGER FOR THE CITY OF CARLSBAD PARKS AND RECREATION DEPARTMENT. I'M EXCITED TO BE HERE WITH MY COLLEAGUE, DREW FRANCIS FROM THE FIRE DEPARTMENT TO ACCEPT THIS PROCLAMATION FOR WATER SAFETY MONTH.

DROWNING REMAINS ONE OF THE LEADING CAUSES OF UNINTENTIONAL INJURY RELATED DEATHS FOR CHILDREN AGED 1 TO 4.

IT'S A TRAGEDY THAT CAN BE PREVENTED THROUGH EDUCATION AND AWARENESS.

THE MAIN FACTORS CONTRIBUTING TO DROWNING EMERGENCIES INCLUDE THE INABILITY TO SWIM AND LACK OF QUALIFIED SUPERVISION.

OUR AQUATIC CENTER STAFF TAKES PRIDE IN PROMOTING WATER SAFETY YEAR ROUND.

THE ALGA NORTE AQUATIC CENTER OFFERS 650 SWIM LESSONS EACH YEAR, TEACHING ABOUT 2700 PARTICIPANTS.

WE ALSO TRAIN AND CERTIFY APPROXIMATELY 50 NEW LIFEGUARDS AND SWIM INSTRUCTORS ANNUALLY, WHO HELP AND EDUCATE AND SUPERVISE OUR SWIMMERS.

SO, IN HONOR OF WATER SAFETY MONTH, THE AQUATIC CENTER IS DISTRIBUTING INTERACTIVE COLORING MATERIALS TO CHILDREN VISITING THE AQUATIC CENTER, PROMOTING WATER SAFETY IN A FUN WAY. STAFF ARE ALSO OFFERING FREE CPR DEMONSTRATIONS AND ADDITIONAL RESOURCES FROM THE AMERICAN RED CROSS TO HELP KEEP OUR COMMUNITY SAFE.

AND I DO JUST WANT TO SAY THEY DO AN EXCELLENT JOB IN TRAINING THEIR LIFEGUARDS. THEY ARE PROVIDING HIGH LEVEL AND REALLY THE PROGRAMING AND THE EDUCATION IS WHERE IT REALLY STARTS. I GET TO LIVE ON THE BACK END WITH THE BEACH, AND I JUST GET TO EMPLOY A REALLY GREAT GROUP OF EXPERIENCED LIFEGUARDS.

I HAD A LIST OF I GOT ALL THEIR EDUCATION EXPERIENCE BECAUSE I THINK WE'VE REALLY ROUNDED UP A REALLY UNIQUE BRAND OF LIFEGUARDING HERE IN THE CITY OF CARLSBAD.

I'M ABLE TO RECRUIT AND I DON'T EVEN HAVE TO TRY TO RECRUIT.

THEY WANT TO COME HERE. WE BUILT A REALLY AWESOME CULTURE AND THROUGH THE SUPPORT THAT YOU GUYS PROVIDE, THE FIRE DEPARTMENT WHICH COMES TO US. I HAVE AN AWESOME STAFF.

I HAVE 48 SEASONAL GUARDS WITH TWO FULL TIME ONE MYSELF, AND OUT OF THE 50 TOTAL, 43 POSSESS ADVANCED EMT LICENSES OR HIGHER, WHICH IS ALMOST 90%, WHICH IS CRAZY. WHERE MOST OTHER LIFEGUARD AGENCIES ARE PROVIDING JUST A BASIC ENTRY LEVEL FIRST AID, WE HAVE TEN PARAMEDICS ON STAFF, ONE NURSE PRACTITIONER.

ANOTHER REGISTERED NURSE AND A PHYSICAL THERAPIST DOCTORATE, ALL ON OUR STAFF.

AND THOSE ARE THE PEOPLE THAT GET TO INTERACT WITH OUR OUR PUBLIC, OUR CITIZENS THAT COME AND VISIT. THEY'RE REALLY JUST RECEIVING. AND IN A NUMBER OF YEARS OF EXPERIENCE, I HAVE A LIST AND ALL THE OTHER EDUCATION IS JUST LIKE, WE'RE ABLE TO NOT HIRE 16 YEAR OLDS AND HIRE ALL THESE PEOPLE TO COME AND SERVE CARLSBAD.

AND THAT REALLY JUST COMES FROM THE SUPPORT WE RECEIVE FROM YOU GUYS THROUGH THROUGH THE DEPARTMENT. I JUST WANT TO THANK YOU FOR THAT. THANK YOU [APPLAUSE].

I INVITE YOU GUYS TO COME UP FRONT FOR A QUICK PHOTO.

THAT MEANS YOU HAVE TO TURN AROUND AND WALK THIS WAY. LET'S START OFF WITH THE FIRE, GUYS.

AND ANY OF THE UNIFORM FIRE GUYS, INCLUDING CHIEF, WOULD YOU BE IN THE PICTURE? YEAH, WE'LL STAY BACK HERE BECAUSE THE NEXT GROUP IS LARGER.

[PUBLIC COMMENT]

[00:12:48]

MEMBERS OF THE PUBLIC MAY ALSO COMMENT ON AGENDA ITEMS, AS LONG AS THE COMMENTS RELATE TO THE QUESTION OR MATTER UNDER CONSIDERATION.

INFORMATION ON HOW TO PARTICIPATE IN THE MEETING IS ON THE FRONT PAGE OF THIS AGENDA.

CITY COUNCIL RECEIVED NON AGENDA PUBLIC COMMENTS FOR A TOTAL OF 15 MINUTES.

AT THE BEGINNING OF THE MEETING. CITY COUNCIL RECEIVED ANY ADDITIONAL NON-AGENDA PUBLIC COMMENTS AT THE END OF THE MEETING.

IN CONFORMANCE WITH THE BROWN ACT NO ACTION MAY OCCUR ON NON AGENDA ITEMS. WHEN MAKING YOUR COMMENTS, PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT.

WE WELCOME CLAPPING DURING THE CEREMONIAL PRESENTATIONS AT THE BEGINNING OF THE CITY COUNCIL MEETING HOWEVER, WE ASK THAT YOU REFRAIN FROM CLAPPING DURING THE BUSINESS SECTION OF THE MEETING, STARTING WITH THE NON-AGENDA PUBLIC COMMENT.

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

WHEN THE CLERK CALLS YOUR NAME, YOU'LL COME UP TO THE PODIUM.

YOU HAVE 3 MINUTES AT THE 2.5 MINUTE MARK. THE THE LIGHT ON THE PODIUM WILL TURN YELLOW THAT'S GIVING YOU A NOTICE THAT YOU ONLY HAVE 30S LEFT.

I'VE ASKED THE CLERK TO TURN OFF THE MICROPHONE AT THE CONCLUSION OF 3 MINUTES THAT WAY, EVERYBODY GETS EXACTLY THE SAME AMOUNT OF TIME TO TO SPEAK.

PLEASE CALL THE FIRST SPEAKER. MARY LUCID, FOLLOWED BY MIKE BORRELLO.

GOOD EVENING, COUNCIL AND MAYOR AND DISTINGUISHED GUESTS.

MY NAME IS MARY LUCID, AND I'VE BEEN SUSPENDED BY PARKS AND REC FOR A TOTAL OF, LET'S SEE, THREE, SIX, NINE MONTHS. BUT I'M NOT PREGNANT.

IN ANY CASE I AM DISAPPOINTED THAT THE CITY COUNCIL HAS DONE SO LITTLE FOR THE SENIORS AND THE SENIOR CENTER. I DON'T KNOW WHERE THE MONEY GOES THAT GOES TO PARKS AND REC.

[00:15:01]

SO WHAT ARE YOU DOING? YOU SAY THAT YOU ARE GOVERNING, BUT 15 TO 20% OF YOUR CITIZENS AND VISITORS ARE NOT BEING WELL SERVED.

SO WHERE IS THE MONEY? DO THEY GET A BONUS IF THEY DON'T SPEND THE MONEY? WHERE ARE THE PERSONNEL? THE FRIENDLY, FRIENDLY PERSONNEL? WHY ARE THERE NINE VACANT TABLES IN THE LUNCHROOM WHEN THE FOOD IS GOOD? AND WHY DON'T WE SEE YOU CITY COUNCIL MEMBERS AT THE SENIOR CENTER? I KNOW IT'S A LOW PRIORITY FOR YOU, BUT 20%, 15% OF YOUR CONSTITUENTS, PLUS OUTSIDE PEOPLE COME THERE. SO MAYBE IT'S TIME YOU PAID ATTENTION TO THE SENIORS AND THE SERVICE THEY ARE NOT GETTING. I DON'T KNOW. I GUESS YOU HAVE HIGHER PRIORITIES, BUT I THINK IT'S JUST TOO BAD THAT YOU'RE NOT DOING ANYTHING FOR THE HANDICAPPED OR THE SENIORS.

AND YOU'RE NEGLECTING THE SENIOR CENTER. SO WHERE IS THE MONEY? WHAT ARE YOU DOING? AND WHY ARE YOU EVEN SITTING UP THERE? I MEAN, YOU KNOW, IF YOU'RE NOT GOING TO DO ANYTHING FOR THE SENIORS EXCEPT, SAY, I'M A CITY COUNCIL PERSON.

BUT I DO LOVE YOU ALL. YOU'VE BEEN SO NICE TO ME.

SO HANG IN THERE AND PLEASE DO SOMETHING FOR THE SENIORS YOU PROFESS TO SERVE. THANK YOU SO MUCH. MIKE BORRELLO, FOLLOWED BY GLENN BERNARD. SHAME ON YOU GUYS. MAYOR, COUNCIL, YOUR 4 TO 1 VOTE ON APRIL 22ND, 2025, APPROVING A TOTAL OF 49% WATER RATE INCREASE, ACCORDING TO THE UNION TRIBUNE.

INCREASED OVER THREE YEARS WAS PREDICATED ON MISDIRECTION AND HOLLOW RHETORIC.

BY EMPHASIZING LOCAL MAINTENANCE COSTS YOU MISDIRECTED THE PUBLIC'S ATTENTION FROM THE ISSUE THAT MOST MATTERS.

SAN DIEGO COUNTY WATER AUTHORITY'S UNCHECKED 14% WHOLESALE HIKE, WHICH ACCOUNTS FOR 65% OF THE INCREASE.

THE HEARING TOTALLY IGNORED MATTERS OF STATE MISMANAGEMENT, FAILING TO BUILD RESERVOIRS AND DAMS TO KEEP PACE WITH POPULATION GROWTH WHILE FALSELY BLAMING CLIMATE CHANGE. WHERE DID OUR MONEY GO? YOUR CLAIMS OF EMPATHY RING FALSE. COUNCIL MEMBER SHIN SHARED FRUSTRATION WAS JUST PERFORMATIVE AS HE VOTED RATES THAT BURDEN TAT RATEPAYERS . ACOSTA'S NO PROFIT MANTRA AND SANDWICH ANALOGY TRIVIALIZE $500 A MONTH BILLS.

BHAT-PATEL'S PENNY A GALLON BOASTS DODGES FAILURE TO INVEST IN INFRASTRUCTURE.

BLACKBURN'S PROPOSITION 218 GRIPE IS UNDERMINED BY HIS VOTE TO AVOID BAD NEWS.

FINALLY, THE CITY MANAGER'S REPORT GASLIGHTING THAT CARLSBAD RATES ARE THE LEAST OF THE WORST INSULTS RESIDENTS FACING.

THAT MAY BE A TIPPING POINT FOR LIFE IN CARLSBAD.

YOU IGNORED AFFORDABILITY AND HEALTH CONCERNS LIKE THE PURPLE PIPE RISKS, PRETENDING THIS IS ALL BUSINESS AS USUAL.

YOUR ACQUIESCENCE TO THE SDCAA AND FAILED STATE POLICIES SUGGEST IGNORANCE OR COMPLICITY IN A CORRUPT SYSTEM. YOU REALLY SHOULD RECONSIDER AUDIT SDCAA COSTS AND SUE THE STATE FOR ARTIFICIAL SCARCITY.

CARLSBAD DESERVES STRONG LEADERS WHO CONFRONT THE ROOT CAUSES, NOT JUST MAKE EXCUSES NOT TO ACT.

I LOVE THE CARLSBAD SENIOR CENTER. EVERYTHING ABOUT IT IS GOOD.

THE PEOPLE THERE ARE GOOD. THE PROGRAMS ARE GREAT.

THANK YOU FOR FOR PROVIDING TERRIFIC SERVICE THERE.

SPEAKING OF TERRIFIC, MELANIE, THANK YOU FOR YOUR NO VOTE LAST WEEK ON RAISING THE WATER RATES.

[00:20:04]

SO AND LAST WEEK, I TOLD HALF A STORY ABOUT A CONVERSATION THAT I HAD IN PERU WHERE THE TOUR GUIDE BURST OUT.

HE DIDN'T BURST OUT. HE CALMLY STATED TO THE GROUP OF AMERICANS, WE DON'T HAVE NO WELFARE HERE IN PERU.

AND ME BEING THE LIBERAL IN THE CROWD, I IMMEDIATELY SAID, WHAT ABOUT PEOPLE WHO ARE BORN WITH HANDICAPS? HE IMMEDIATELY REPLIED BACK TO ME, THAT'S WHAT FAMILIES ARE FOR.

WOW. KIND OF HAD ME IN CHECKMATE, RIGHT? WHAT DO YOU SAY TO THAT? SO LAST WEEK YOU HAD AFFORDABLE HOUSING ON YOUR AGENDA.

AND I WANT TO SPEAK UP ABOUT AFFORDABLE FACTORIES.

WE NEED THAT IN AMERICA. AND THE NUMBER ONE FACTORY CORPORATION IN AMERICA HAS THEIR HEADQUARTERS UP THE COAST, AND THEY'RE CALLED APPLE COMPUTER. THEY CARLSBAD HAS CITIZEN OF THE YEAR EVERY YEAR.

APPLE COMPUTER CAN BE THE CITIZEN OF THE CENTURY BECAUSE EVERY SINGLE YEAR THEY MAKE MORE CHARITABLE DONATIONS IN CALIFORNIA THAN ANYBODY ELSE ADDED UP THEY HAVE ENOUGH MONEY TO BUY MANY CORPORATIONS, BUT THEIR HIGHEST PRIORITY WITH THEIR PROFITS IS TO BE CHARITABLE WITH IT. NOW, APPLE COMPUTER COULD USE A BREAK FROM GOVERNOR NEWSOM.

I WOULD LIKE GOVERNOR NEWSOM TO LET APPLE RENT THE ENTIRE NEARBY CAMPUS AT SAN JOSE STATE FOR A DOLLAR A YEAR AND BRING ALL THEIR MANUFACTURING THERE, MAYBE WITH A DEAL LIKE THAT TO INCLUDE THE DORMITORIES FOR THEIR EMPLOYEES, MAYBE THEY'D BE ABLE TO MANUFACTURE ZILLIONS OF THEIR PRODUCTS RIGHT HERE, NOT ONLY IN AMERICA, BUT ALSO IN CALIFORNIA. AND SO SO NEWSOM CAN DO THAT.

SPEAKING OF NEWSOM, I WOULD HOPE THAT NEXT YEAR I HAVE A CHANCE TO VOTE FOR SOMEBODY, ANY CANDIDATE, ANYWHERE, HOPEFULLY EVERY CITY WHO PLEDGES NOT TO TAKE AN OATH TO THE STATE OF CALIFORNIA, THEIR CONSTITUTION, OR ANYBODY OR ANYTHING. YES, AN OATH OF TAKE AN OATH TO THE US GOVERNMENT, BUT NOT THAT. AND TO MAKE AMERICA A BETTER PLACE.

WHILE, I REMEMBER THE WHITE ROBES OF THE KU KLUX KLAN.

I WOULD LIKE PRESIDENT TRUMP TO PREVENT FEDERAL JUDGES FROM WEARING ROBES IN COURT, BECAUSE THEY'RE JUST AS MENACING AS THE KLAN WAS.

THERE ARE NO ADDITIONAL SPEAKERS. THANK YOU. NEXT IS CONSENT CALENDAR ITEM ONE AND TWO.

[CONSENT CALENDAR]

LOOKING FOR A MOTION FOR ITEM NUMBER ONE. SO MOVED.

SECOND. PLEASE VOTE. THANK YOU. THAT PASSES UNANIMOUSLY.

ITEM NUMBER TWO WE HAVE A SPEAKER. PLEASE CALL THE SPEAKER, GLENN BERNARD.

[2. DECLARE THE EXISTENCE OF AN EMERGENCY CONDITION IN THE KELLY DRIVE CHANNEL AND AUTHORIZE PERFORMANCE OF REPAIR WORK WITHOUT FORMAL BIDDING, CIP PROJECT NO. 6606]

SO I'M GOING TO READ A FEW CHOICE WORDS HERE.

THERE'S BEEN AN EMERGENCY AT SOMETHING CALLED KELLY DRIVE CHANNEL.

AND APPROVAL OF AGENDA ITEM NUMBER TWO IS GOING TO GET THE THE WORK PERFORMED WITHOUT FORMAL BIDDING.

THAT TAKES SO MUCH NERVE. IN FACT, IN FACT, WHEN I FIRST READ AGENDA ITEM NUMBER TWO, GET GET AN EMERGENCY DONE WITHOUT FORMAL BIDDING, I REMEMBER THE MOVIE CALLED THE RAINMAKER.

IMMEDIATELY I THOUGHT OF YOU MUST THINK WE'RE STUPID, STUPID, STUPID.

NO BID. I WONDER WHAT THIS IS GOING TO COST. SO THERE'S AT LEAST ONE PERSON IN THIS ROOM WHO EARNS A SALARY OF ABOUT $1,000 A DAY.

WHY COULDN'T. WHY COULDN'T YOU, MR. CITY MANAGER YESTERDAY AND TODAY PICK UP THE PHONE, CALL 2 OR 3 COMPANIES AND GET 2 OR 3 BIDS. THIS REEKS AND MELANIE I EXPECT YOU TO VOTE NO ON THIS.

I THINK YOU'RE THE ONLY REPUBLICAN UP THERE, SO THANK YOU.

THANK YOU IN ADVANCE FOR YOUR NO VOTE. OH, SPEAKING OF CITY FUNDS, A LOT OF PEOPLE RUN FOR OFFICE

[00:25:04]

NOW, HERE'S SOMETHING REALLY SIMPLE. EVERYTHING'S COMPUTERIZED, INCLUDING THE INCOME AND EXPENSES OF THIS [INAUDIBLE] ORGANIZATION.

WHY CAN'T WE GO TO THE CITY WEBSITE AND SEE EVERY ITEM OF INCOME AS IT AS IT HITS THE BOOKS? AND EVERY ITEM OF EXPENSE. WHY NOT DO THAT IN A IN A COMPUTER AGE WHERE ALL CANDIDATES EVERYWHERE PROMISE VOTE FOR ME AND YOU'LL GET TRANSPARENCY. DEATH TO SOCIALISM.

HURRAH! MR. BERNARD, OUR ONLY SPEAKER? YES. OKAY.

THANK YOU. ANY QUESTIONS ON ITEM TWO? MISS BURKHOLDER.

DID WE WANT TO HAVE STAFF PRESENT OR WILL STAFF TO ANSWER THE QUESTION? OKAY, I JUST WAS GOING TO ASK ABOUT BECAUSE IN THE REPORT IT JUST TO THE SPEAKER'S POINT, IT DOES SAY THAT THE STAFF REVIEWED THE CONTRACT DOCUMENTS AND FOUND FROM THE 10 BIDS THAT RECEIVED FOR CONSTRUCTION THAT THE LOWEST RESPONSIBLE BIDDER WAS AMOUNT NOT TO EXCEED $97,000.

SO IN THE BIDDING PROCESS TAKES 4 TO 6 MONTHS.

SO WAS IT WHAT WAS THE LOGIC BEHIND NOT HAVING A BIDDING PROCESS? I'M ASSUMING IT'S BECAUSE IT WAS AN EMERGENCY.

THANK YOU FOR THE QUESTION. MY NAME IS PAZ GOMEZ.

I'M THE DEPUTY CITY MANAGER FOR PUBLIC WORKS.

SO WITHIN THE CITY MANAGER'S AUTHORITY OF LESS THAN 220,000, WE CAN GO THROUGH AN INFORMAL BIDDING PROCESS IN WHICH WE DO REACH OUT AND GO THROUGH THE LOWEST, RESPONSIBLE AND RESPONSIVE BIDDER.

AND SO THAT WAS DETERMINED AND THERE WAS A CONTRACT FOR $97,000 THAT WAS ISSUED.

WHEN THE CONTRACTOR STARTED DEWATERING ACTIVITIES, THAT WAS WHEN THERE WAS THAT 13 FOOT VOID THAT WAS DISCOVERED AND ALSO OTHER EMERGENCIES. SO THAT NOW THE THRESHOLD IS BEYOND THE CITY MANAGER'S AUTHORITY, WHICH IS WHY WE'RE BRINGING THIS FORWARD WITH REGARDS TO YOUR APPROVAL FOR AN EMERGENCY CONDITION DECLARATION, BECAUSE OTHERWISE, GOING THROUGH THE FORMAL BIDDING PROCESS, IT WOULD ADD ADDITIONALLY 4 TO 6 MONTHS. SO YOU WOULD HAVE HAD TO PUT IT OUT JUST LIKE WE DID BEFORE, JUST RIGHT BEFORE THE WORK STARTED AND BECAUSE THEY DISCOVERED SOMETHING NEW, THIS IS THE SAME CONTRACTOR THAT STARTED ON THE INITIAL WORK.

CORRECT? YES, MA'AM. EXCEPT FOR THAT CONTRACTOR AND CONSTRUCTION, THAT CONTRACT WILL BE TERMINATED IF THE COUNCIL APPROVES THIS DECLARATION, AND THEN THERE WILL BE OTHER CONTRACTORS THAT WOULD BE REACHED OUT TO TO SEE HOW MUCH THEY WOULD, YOU KNOW, WHETHER THEY HAVE THE CAPABILITY AND HOW MUCH IT WOULD IT WOULD COST.

WE'RE ESTIMATING IT TO BE APPROXIMATELY $350,000.

BUT THIS IS NOT THE FORMAL PROCESS WHERE NORMALLY YOU DESIGN THE PLANS AND SPECIFICATIONS TO BE PRESENTED TO THE CITY COUNCIL FOR APPROVAL, GO THROUGH THE BIDDING PROCESS THROUGH PLANET BIDS, AND THEN DO THE RESPONSIBILITY AND RESPONSIVENESS CHECKS.

SO THAT IS JUST A PROLONGED FORMAL BIDDING PROCESS THAT WE WILL NOT BE FOLLOWING IF IT WAS FOR AN EMERGENCY PROCUREMENT.

RIGHT. I THANK YOU FOR THE EXPLANATION AND PERHAPS MAYBE IN FUTURE REPORTS, BECAUSE THIS WILL HAPPEN AGAIN.

MAYBE THAT CAN BE EXPANDED OUT SOME SO THAT PEOPLE CAN UNDERSTAND A LITTLE BIT MORE OF THE PROCESS.

YES, MA'AM. I UNDERSTOOD IT TO BE THAT WHAT YOU JUST EXPLAINED, BUT I THINK IT'S IMPORTANT FOR THE PUBLIC TO ALSO UNDERSTAND THAT.

THANK YOU SO MUCH. THANK YOU. YEAH, THANKS FOR THE UPDATE.

CAN YOU JUST DESCRIBE THE LEVEL OF EMERGENCY THAT THIS IS? BECAUSE WHEN I SEE A 13 FOOT SINKHOLE AND THIS IS, LIKE, NEAR A RESIDENTIAL AREA.

YEAH, JUST THE LEVEL OF THE EXTENT OF WHY WE NEED TO DO THIS NOW AS OPPOSED TO BEING ABLE TO WAIT 4 TO 6 MONTHS.

YES, SIR. THANK YOU FOR THE QUESTION. SO OUR CONCERN IS IT IS RIGHT BEHIND OUR RESIDENCES.

THERE HAVE BEEN A FEW OTHER EMERGENCIES THAT THERE HAD BEEN REPAIRS.

FOR SOME OF THESE REPAIRS WE HAVE TO HAVE PERMITS.

AND SO WE WERE ABLE TO OBTAIN ONE THROUGH THE US ARMY CORPS OF ENGINEERS FOR WHAT THEY CALL A REGIONAL, A REGIONAL GENERAL PERMIT 63, WHICH IS AN EMERGENCY PERMIT.

WE CANNOT JUST ARBITRARILY GO TO TO A PROJECT SITE AND JUST START DOING WORK WITHOUT THAT KIND OF OF

[00:30:02]

THERE IS A LARGER, BROADER CAPITAL IMPROVEMENT PROGRAM PROJECT THAT WILL BE LOOKED AT, BUT WE WILL HAVE TO WORK CLOSELY WITH THE RESOURCE AGENCIES TO, TO BE ABLE TO AUTHORIZE THAT AND MOVING FORWARD.

SO THAT'S WHY THIS ONE IS AN EMERGENCY PROCUREMENT AS COMPARED TO THE BIGGER, LONGER CIP PROCESS.

ANY OTHER QUESTIONS FROM COUNCIL? COMMENTS FROM COUNCIL? PLEASE I NEED A MOTION, PLEASE. SO MOVED. SECOND.

PLEASE VOTE. PASSES UNANIMOUSLY. ITEM NUMBER THREE IS THE MAYORAL APPOINTMENT OF ONE MEMBER TO THE

[3. MAYORAL APPOINTMENT OF ONE MEMBER TO THE HISTORIC PRESERVATION COMMISSION ]

OH DO WE HAVE SPEAKERS? THANK YOU. THANK YOU FOR REMINDING ME.

KYLIE FITZGERALD, FOLLOWED BY KATHERINE PETERSEN.

GOOD AFTERNOON Y'ALL. PLEASURE TO MAKE YOUR ACQUAINTANCE.

AND THANK YOU FOR LISTENING TO ALL THE SPEAKERS HERE TODAY AND INCLUDING MYSELF.

AND THANK YOU FOR GIVING ME THE OPPORTUNITY TO INTRODUCE MYSELF AND STATE WHY I LOVE CARLSBAD AND ADD IN WHAT I HOPE TO BRING TO THE HISTORIC PRESERVATION COMMISSION.

SO, AGAIN, MY NAME IS KYLIE FITZGERALD. RECENTLY MARRIED SO YOU MIGHT SEE, MY NAME IS KYLIE ASHER -FITZGERALD.

BUT I'M ORIGINALLY FROM BOSTON, GREW UP THERE, GREW UP IN AN OLD COLONIAL TOWN DID EDUCATION IN THE MIDWEST SO I WENT TO INDIANA UNIVERSITY AND THE UNIVERSITY OF MICHIGAN FOR MY GRAD DEGREE IN URBAN AND REGIONAL PLANNING.

YOU MIGHT BE WONDERING WHY I'M OUT HERE. IT HAS BEEN A LIFELONG GOAL TO LIVE AND SETTLE DOWN IN CARLSBAD OR SAN DIEGO AT LARGE.

I FELL IN LOVE WITH THE SUSTAINABILITY OF COMMUNITIES THAT ARE SURF TOWNS, BUT ALSO HAVE A REALLY VIBRANT REALLY VIBRANT AGE GAP.

SO YOU HAVE SENIORS, YOU HAVE KIDS, AND YOU HAVE NEW FAMILIES.

AND I LOVE THE RANGE THAT CARLSBAD BRINGS. SO FROM FRIENDS AND FAMILY AND FROM WHAT I'VE HEARD, I DECIDED TO RELOCATE. THE REASON THAT'S IMPORTANT IS BECAUSE MY BACKGROUND IS REALLY STEEPED IN URBAN AND REGIONAL PLANNING.

AND I UNDERSTAND THE SIGNIFICANCE OF HISTORICAL PRESERVATION BECAUSE IT BRINGS A SENSE OF CULTURE AND COMMUNITY.

GROWING UP IN COLONIAL BOSTON, THERE IS SO MUCH RICH HISTORY THERE THAT I LEARNED WHEN I WAS YOUNG GETTING AN EDUCATION IN THOSE INDUSTRIAL TOWNS IN THE MIDWEST I LEARNED WHAT IT ALSO MEANS TO BE A GROWING CITY, A CITY THAT MIGHT NOT BE TOTALLY INCORPORATED OR FULLY BUILT OUT.

AND THEN, OF COURSE, MOVING HERE TO THE WEST COAST IS A COMPLETELY DIFFERENT BALL GAME.

THERE IS A RICH HISTORY HERE, BUT THERE'S ALSO A NEW SENSE OF LIFE AND STILL ECONOMIC DEVELOPMENT THAT NEEDS TO HAPPEN IN THE COMMUNITY.

SO I'M HERE, I'M SETTLED, AND I'M REALLY LOOKING TO MAKE AN IMPACT IN THE COMMUNITY.

SO MY GOAL IS THAT I'D LIKE TO BRING ARE REALLY CLOSELY ALIGNED WITH WHAT THE COMMISSION IS ALREADY DOING.

SO I KNOW THE MILLS ACT IS NOT AS INCORPORATED OR TOTALLY EMBRACED BY RESIDENTS HERE.

I'M LOOKING TO IMPROVE THAT THROUGH TRAINING.

MY BACKGROUND IS IN DISASTER RECOVERY AND EMERGENCY MANAGEMENT.

SO WHAT I DO ON A DAY TO DAY IS HELP PRESERVE, RESTORE AND REBUILD COMMUNITIES POST-DISASTER.

THE MILLS ACT IS JUST ONE WAY THAT YOU ALL IN THE COMMUNITY TRY TO REBUILD OR PRESERVE ARCHITECTURE.

BUT IN MY EXPERIENCE IN DISASTER RECOVERY, THERE'S NUMEROUS MYRIAD WAYS THAT YOU CAN GET GRANT FUNDING TO RESTORE PRESERVE ARCHITECTURE.

SO I WOULD HOPE TO EXPAND THAT MILLS ACT. THREE OTHER SMALL THINGS THAT THE COMMISSION IS ALREADY DOING.

BUT I'D LIKE TO ADD AND EXPAND UPON WOULD BE ESTABLISHING A WEBSITE.

SO WHEN I FIRST APPLIED, I WAS SCROUNGING THE WEBSITE FOR HISTORY AND THINGS THAT CARLSBAD PUTS ITS CLAIM ON.

AND A WEBSITE IS JUST ONE WAY TO ENGAGE THE YOUNG POPULATION IN THE HISTORY OF CARLSBAD.

SO I'D LIKE TO INCREASE THAT, EXPAND THAT AND ADD TO WHAT THE COMMISSION IS ALREADY DOING.

AND THEN THE LAST TWO IS JUST EXPAND THE BUDGET.

SO I'VE WORKED WITH LOCAL COMMUNITIES AND I REALIZED I'M RUNNING OUT OF TIME BUT I'LL JUST SAY THAT.

KATHERINE PETERSON. HELLO. WELCOME. THANK YOU FOR LETTING ME COME UP HERE.

I THINK SHE'S FABULOUS. I THINK YOU SHOULD PROBABLY PICK HER INSTEAD. SERIOUSLY.

I'M REQUESTING TO BE PART OF THE CARLSBAD HISTORIC.

I CURRENTLY WORK FOR THE COUNTY OF SAN DIEGO AND HEALTH AND HUMAN SERVICES AGENCY.

I AM A FACILITIES ANALYST. I DO EVERYTHING IN CONSTRUCTION FOR THE AGENCY.

[00:35:07]

AND IT WAS BASED UPON IN PITTSBURGH, PENNSYLVANIA, THE WILLIAM PENN HOTEL.

GREAT PROJECT. AMAZING. AMAZING PEOPLE. IT'S REALLY INTERESTING WHAT YOU CAN FIND IN AN OLD BUILDING.

AND THEN IN THE 90S, I WORKED FOR ARCHITECTS IN MILWAUKEE, WISCONSIN, AND I WAS PART OF A THERE WAS A COMPETITION BETWEEN ALL THE ARCHITECTS IN THE CITY FOR ARCHITECTS FROM MY FROM E-LINE. ENTERED THE COMPETITION IT WAS TO COME UP WITH A NEW IDEA OF MAKING HOUSING IN THE PLANKTON BUILDING, WHICH WAS BUILT IN 1892.

I WON THAT COMPETITION. DIDN'T MAKE THE ARCHITECTS HAPPY.

BUT ANYWAY MY HUSBAND'S FAMILY IS NINE GENERATIONS CALIFORNIAN.

THEY ARE LOCAL TO THE AREA SINCE 1934. I'VE LIVED HERE FOR 22 YEARS, AND I JUST WANT TO GIVE BACK TO MY COMMUNITY.

I ALSO WORK WITH RAUL, SO THANK YOU. THERE ARE NO MORE SPEAKERS.

THANK YOU. AS YOU CAN SEE, THE SELECTION WAS DIFFICULT.

AND THE TWO SPEAKERS WERE THE TWO WHO MADE IT TO THE TOP TWO FINALS.

BUT TONIGHT THE SELECTION IS I'M SORRY. JUST A MOMENT.

KATHERINE PETERSON. BUT PLEASE FOR MISS FITZGERALD I ASK THAT YOU PLEASE CONTACT ME.

I WOULD LIKE TO HAVE CONVERSATION ABOUT MAKING SURE THAT YOU'RE IN THE TOP TWO FOR THE NEXT SELECTION.

VOTE, PLEASE. THAT PASSES UNANIMOUSLY. THANK YOU.

NEXT IS ITEM NUMBER FOUR, THE ESTABLISHMENT OF INVESTMENT REVIEW BOARD, CITY MANAGER.

[4. ESTABLISHMENT OF INVESTMENT REVIEW BOARD]

I'M CERTAINLY AVAILABLE TO HELP WITH QUESTIONS. THANK YOU, MR. CITY MANAGER AND CITY ATTORNEY. GOOD EVENING MAYOR, MAYOR PRO TEM, COUNCIL MEMBERS.

I'M ZACH KORACH, FINANCE DIRECTOR. AND THE ITEM BEFORE YOU IS THE INVESTMENT REVIEW COMMITTEE RESTRUCTURING.

TODAY'S PRESENTATION WE'LL GO OVER THE INVESTMENT REVIEW COMMITTEE HISTORY, WE'LL TAKE A LOOK AT THE CURRENT STATUS OF THE COMMITTEE, SOME OF THE PROPOSED CHANGES FOR CITY COUNCIL CONSIDERATION, AND CLOSE WITH THE RECOMMENDED ACTION.

REGARDING THE INVESTMENT REVIEW COMMITTEE IN ITS HISTORY.

THE CITY'S INVESTMENT POLICY WAS ESTABLISHED FIRST BY THE CITY COUNCIL BACK IN 1985.

THE POLICY ITSELF IS SUBJECT TO ANNUAL ADOPTION, AND OVER THE COURSE OF THE YEARS, VARIOUS AMENDMENTS HAVE BEEN APPROVED BY THE CITY COUNCIL, MOSTLY DRIVEN BY CHANGES IN THE CALIFORNIA GOVERNMENT CODE.

THERE WERE, HOWEVER, SOME NON-LEGISLATIVE AMENDMENTS THAT WERE INCLUDED ACROSS THE SPANNING THAT 40 YEAR PERIOD.

MOST NOTABLY, IN SEPTEMBER OF 1985, THE CITY COUNCIL ESTABLISHED THE INVESTMENT REVIEW COMMITTEE.

SUBSEQUENTLY, IN 2007, THERE WAS A POLICY AMENDMENT APPROVED BY THE CITY COUNCIL WHICH ALLOWED THE CITY TREASURER TO APPOINT NON-VOTING RESIDENT ADVISORS.

SINCE THE INCEPTION OF THE INVESTMENT REVIEW COMMITTEE BACK IN 1985, THE COMMITTEE HAS BEEN SERVING IN AN ADVISORY CAPACITY RESPONSIBLE FOR OVERSEEING THE INVESTMENT ACTIVITIES, THE OVERALL STRATEGIC DIRECTION OF THE PORTFOLIO, AS WELL AS POLICY COMPLIANCE REVIEW.

CURRENTLY, THE COMMITTEE IS COMPRISED OF THE CITY TREASURER, THE CITY MANAGER, THE CITY ATTORNEY, THE DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES, AS WELL AS THE FINANCE DIRECTOR.

IN THE FALL OF EXCUSE ME AND SINCE THE THE ESTABLISHMENT OF THE INVESTMENT REVIEW COMMITTEE WE HAVE BEEN CONDUCTING QUARTERLY MEETINGS TO REVIEW THE INVESTMENT ACTIVITIES STRATEGY, AS WELL AS ANY POTENTIAL POLICY CHANGES FOR CITY COUNCIL TO CONSIDER AND APPROVE.

TO IMPROVE THE CITY'S ABILITY TO MANAGE FUNDS AND TO ENHANCE THE LEVEL OF OVERSIGHT OVER THE CITY'S INVESTMENT ACTIVITIES THERE ARE SOME PROPOSED CHANGES THAT ARE BEING PRESENTED

[00:40:02]

THIS IS TO ACHIEVE CONSISTENCY WITH THE CITY'S OTHER COMMISSIONS, COMMITTEES AND BOARDS.

SECONDLY, CITY STAFF SHALL BE REMOVED FROM THE COMMITTEE AS WELL AS NON-VOTING RESIDENT ADVISORS WILL BE REMOVED FROM THE COMMITTEE.

THE CITY TREASURER, EXCUSE ME, SHALL SERVE ON THE BOARD AND NOMINATE FOUR OTHER RESIDENTS TO SERVE AS BOARD MEMBERS SUBJECT TO FINAL CITY COUNCIL APPROVAL. AND LASTLY, REGARDING BOARD MEMBER ELIGIBILITY, IT WILL VERY CLOSELY MIRROR THE EXISTING REQUIREMENTS SET FORTH FOR THE ELECTED CITY TREASURER. AND THAT RELEVANT EDUCATION WILL BE REQUIRED EITHER A BACHELOR'S, MASTER'S OR DOCTORAL DEGREE IN BUSINESS ADMINISTRATION, PUBLIC ADMINISTRATION, ACCOUNTING, FINANCE OR ECONOMICS.

IN LIEU OF THE EDUCATION, THE RELEVANT EDUCATION FOUR YEARS OF FINANCIAL WORK EXPERIENCE OR IN LIEU OF THE PRECEDING TWO ELIGIBILITY CRITERIA ONE OF FOUR RELEVANT CERTIFICATIONS AS SET FORTH IN THE CARLSBAD MUNICIPAL CODE.

I DO WANT TO NOTE THAT THE INVESTMENT REVIEW COMMITTEE DID, IN FACT, REVIEW THESE CHANGES DURING THEIR REGULAR MEETING ON FEBRUARY 20TH, 2025, AND ALTHOUGH THERE WAS NOT A FORMAL VOTE HELD OR CONDUCTED, THERE WERE NO NOTABLE OBJECTIONS FROM ANY OF THE COMMITTEE MEMBERS.

AS FOR THE RECOMMENDED ACTION, NUMBER ONE IS TO INTRODUCE AN ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.15, SECTION 2.15.050B AND ADDING CHAPTER 2.43 TO ESTABLISH THE INVESTMENT REVIEW BOARD.

SECONDLY, TO ADOPT A RESOLUTION APPROVING THE CITY'S INVESTMENT POLICY DATED MAY 13TH, 2025.

AND THEN LASTLY TO ADOPT A RESOLUTION AMENDING CITY COUNCIL POLICY NUMBER 88 BOARD, COMMISSION AND COMMITTEE MEMBER APPLICATION, INTERVIEW AND APPOINTMENT PROCESS. THE CHANGES THAT ARE PROPOSED TO THE INVESTMENT POLICY WOULD REALLY ENACT WHAT I DESCRIBED IN TERMS OF REMOVING THE INVESTMENT REVIEW COMMITTEE ESTABLISHING THE INVESTMENT REVIEW BOARD.

AS IT PERTAINS TO POLICY NUMBER 88 THIS IS TO ENSURE THAT THE INVESTMENT REVIEW BOARD WOULD BE CAPTURED OR INCLUDED IN THE CITY'S STANDARD BOARD COMMISSION COMMITTEE MEMBER APPLICATION, INTERVIEW AND APPOINTMENT PROCESSES.

AS FOR NEXT STEPS, SHOULD THE CITY COUNCIL MOVE FORWARD WITH ADOPTING THE ORDINANCE ON MAY 13TH, 2025, THE BOARD MEMBER APPOINTMENT PROCESS WOULD COMMENCE FIRST THROUGH THE CITY CLERK'S OFFICE AND THEN TO THE CITY TREASURER BEFORE THE NOMINATION FOR APPOINTMENT ARE BROUGHT FORWARD TO THE CITY COUNCIL FOR THEIR RESPECTIVE APPROVAL.

AND BARRING ANY UNFORESEEN SETBACKS OR DELAYS IN THAT PROCESS, THE NEXT INVESTMENT IN FIRST INVESTMENT REVIEW BOARD MEETING WOULD BE ANTICIPATED TO BE HELD DURING THE MONTH OF AUGUST 2025. THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.

DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS. QUESTIONS FROM COUNCIL? MISS ACOSTA. THANK YOU, THANK YOU FOR THE PRESENTATION.

I JUST WANT TO FOLLOW UP ABOUT THE APPOINTMENT PROCESS BECAUSE IT WASN'T CLEAR TO ME.

SO WE SAID WE WERE CHANGING IT FROM COMMITTEE TO BOARD TO BE SIMILAR TO OUR OTHER BOARDS AND COMMISSIONS.

BUT WILL WE HAVE THE SAME KIND OF APPLICATION AS WE DO FOR THE OTHER BOARDS AND COMMISSIONS? I KNOW THAT THE QUALIFICATIONS ARE A LITTLE BIT DIFFERENT, SINCE THESE APPOINTEES WILL HAVE TO HAVE ADDITIONAL BACKGROUND IN BUSINESS AND INVESTMENTS. BUT HOW DO THEY KNOW THAT THERE'S AN OPENING AND HOW DO THEY APPLY? THE APPLICATION PROCESS AND SEEING OUR OUR CLERK DIRECTOR HERE, MISS FAVIOLA MEDINA. I APPRECIATE IT. THANK YOU FOR THE QUESTION.

THE PROCESS WILL BE THE SAME, AND THAT WE WILL ADVERTISE IN THE SAME METHODS THAT WE DO FOR OTHER BOARDS AND COMMISSIONS.

THERE WILL BE ADDITIONAL SCREENING THAT WILL BE DONE AFTER THE FACT BECAUSE, AS YOU MENTIONED, THERE ARE ADDITIONAL REQUIREMENTS. THEY WILL USE THE SAME APPLICATION PROCESS THAT IS AVAILABLE ON THE CITY'S WEBSITE.

AND ALSO OUR COMMUNICATIONS TEAM DOES DO ADDITIONAL OUTREACH.

AND WE MIGHT ALSO HAVE THEM DO AN ANNOUNCEMENT BECAUSE IT IS A NEW COMMISSION OR BOARD THAT IS BEING ADDED JUST TO GET THAT ADDITIONAL OUTREACH.

OKAY. THAT WAS MY ONLY QUESTION, THANK YOU. MR. SHIN. I DO HAVE A QUESTION. JUST REAL QUICK. SO IF I THINK IT'S GREAT THAT WE HAVE QUALIFIED APPLICANTS AND IT STRENGTHENS THIS BOARD.

HOWEVER, IF WE DON'T FIND A QUALIFIED APPLICANT, WAS THERE A SECONDARY PROCESS OR ARE WE JUST WITHOUT A BOARD MEMBER, OR DO WE PUT SOMEONE IN THAT LIKE A INDIVIDUAL FOR SUPPLEMENT, YOU KNOW, SUPPLEMENTING THE POSITION? I WOULD IN THAT EVENT I WOULD CONSULT BOTH THE CITY ATTORNEY'S OFFICE AS WELL AS THE CITY CLERK'S OFFICE TO DETERMINE THE NEXT APPROPRIATE STEP.

[00:45:06]

ALTHOUGH WE WOULD HAVE TO WE WOULDN'T BE ABLE TO INTRODUCE THE ITEM TONIGHT IF WE MADE SUBSTANTIAL CHANGES, WE'D HAVE TO BRING THAT BACK. BUT TYPICALLY WE WOULD NOT BE ABLE TO APPOINT SOMEONE WHO DID NOT MEET THE QUALIFICATIONS THAT WERE PUT INTO THE MUNICIPAL CODE.

SO IF WE WERE TO DO SOMETHING DIFFERENT, WE WOULD HAVE TO AMEND THE MUNICIPAL CODE TO DO SOMETHING DIFFERENT. SO WE WOULD JUST RUN THE BOARD SHORT? IF I MAY JUST ADD, TYPICALLY, IF THERE IS NOT SUFFICIENT CANDIDATES THAT MEET THE REQUIREMENTS, WE DO EXTEND THE RECRUITMENT AND REDO THAT PROCESS UNTIL THERE ARE SUFFICIENT CANDIDATES THAT MEET THOSE REQUIREMENTS. OKAY. GOT IT. MISS ACOSTA.

THANK YOU. HAVING THE DISCUSSION MAKES ME THINK A LITTLE BIT MORE ABOUT THE QUESTIONS.

I JUST WANT TO COMPLETELY UNDERSTAND THIS. SO THE INVESTMENT REVIEW BOARD WILL PUT OUT THE APPLICANT THE REQUEST FOR APPLICATIONS, PEOPLE WILL APPLY. AND IT SAYS HERE THAT IT IS ANTICIPATED THE NEXT INVESTMENT REVIEW BOARD MEETING WILL BE AUGUST 2025.

SO BETWEEN NOW AND THEN WE CAN EXPECT THAT THE CITY STAFF WILL COLLECT THOSE APPLICATIONS, SHOW THEM TO THE CITY TREASURER WHO WILL COME UP WITH SOME NOMINEES, AND THEN THE CITY COUNCIL WILL APPROVE THEM SOMETIME BEFORE THE FIRST MEETING IN AUGUST 25TH, 2025. IS THAT THE CORRECT TIMELINE? THAT IS CORRECT.

AS LONG AS THERE ISN'T A NEED TO RECRUIT FOR ADDITIONAL MEMBERS TO HAVE A QUORUM FOR THAT COMMITTEE, THAT WOULD BE THE PROCESS. IT IS FOLLOWING COUNCIL POLICY 88.

SO THERE IS A 30 DAY WINDOW WHERE APPLICANTS ARE ABLE TO SUBMIT APPLICATIONS, AND AFTER THE CLOSE OF THAT PERIOD, THEY WILL BE SENT OVER TO THE CITY TREASURER FOR REVIEW AND THE ADDITIONAL SCREENING.

THEY DO GET THE ADDITIONAL TWO WEEKS THAT WILL BE THEN SENT TO THE CITY COUNCIL.

SO WE'RE ANTICIPATING THOSE ROLES TO BE FILLED OR POSITIONS TO BE FILLED.

HOWEVER, IF THERE IS ANY DEVIATION FROM THAT, IT MIGHT CHANGE THAT DATE.

OKAY, GREAT. AND THEN JUST TO SORRY I WAS GOING TO JUST ADD ONE QUICK THING TOO. THE PROPOSED CHANGE, THE INVESTMENT REVIEW BOARD WOULD STILL CONTINUE TO SERVE IN AN ADVISORY CAPACITY.

SHOULD THERE BE ANY UNANTICIPATED DELAYS WE WOULD STILL BE COVERING ALL OF THE PREVIOUS INVESTMENT ACTIVITY INFORMATION.

RIGHT NOW IF WE WERE ABLE TO MAKE THE AUGUST 2025 TIMELINE, WE'D BE COVERING THE THIRD AND FOURTH QUARTERS OF FISCAL YEAR 24-25.

SHOULD IT BE POSTPONED THREE MONTHS, WE WOULD COVER THEN THOSE TWO QUARTERS, AS WELL AS THE FIRST QUARTER IN FISCAL YEAR 25-26.

GREAT. THANK YOU. AND SINCE WE'RE TALKING ABOUT WHAT THE BOARD WILL DO AND THE QUALIFICATIONS FOR THE APPLICANTS FOR THE BOARD, CAN WE JUST IN CASE ANYONE'S LISTENING THAT REALLY WANTS TO APPLY, THEY'RE SUPER EXCITED ABOUT THIS.

WHAT IS THE MEETING FREQUENCY AND THE TERM FOR THE BOARD MEMBERS? THE MEETING FREQUENCY WOULD BE ON A QUARTERLY BASIS.

THE SECOND MONTH SUBSEQUENT TO THE PREVIOUS QUARTER END.

AS FOR THE TERM PROCESS, THAT OR THE TERM LENGTH FOR EACH THAT WOULD FOLLOW OR MIRROR OUR EXISTING OTHER COMMISSIONS, COMMITTEES, BOARDS. IT WOULD BE A FOUR, IT WOULD BE A FOUR YEAR TERM UNLESS THEY WERE FILLING OTHER VACANCIES.

SO IF SOMEONE WERE TO DECIDE TO JOIN AND THEN DECIDE THEY NO LONGER WANTED TO BE A PART OF IT, IT MIGHT ADJUST THE TERM, BUT IT'S TYPICALLY A FOUR YEAR TERM. OKAY. SO FOUR YEAR TERM MEETING QUARTERLY.

GREAT. MAYBE THERE ARE SOME PEOPLE LISTENING THAT WANT TO APPLY. SO THANK YOU FOR THE ADDITIONAL INFORMATION.

MISS BHAT-PATEL. I ACTUALLY HAVE A FOLLOW UP QUESTION BASED ON WHAT COUNCIL MEMBER ACOSTA WAS ASKING REGARDING THE TERM.

SO FROM WHAT I UNDERSTAND, THE COMMISSIONS AND THE TERMS ALIGN WITH THE DISTRICT REPRESENTATIVES ELECTION DATES.

GIVEN THAT THE TREASURER IS FILLING JUST A SHORT TERM AND THEN HE HAS TO RERUN NEXT YEAR , WOULD THAT FOUR YEAR TERM, THEN GO PAST THAT TIME, OR SHOULDN'T IT BE ALIGNING WITH HIS TIME AS WELL? I GUESS THAT THAT WAS SOMETHING I WANTED TO CLARIFY.

I'LL DEFER TO THE CITY ATTORNEY FOR THAT. I THINK TYPICALLY IT'S STAGGERED TERMS, AND I DON'T THINK THIS HAS BEEN WRITTEN SO THAT THE SAME WAY THAT IT'S WRITTEN FOR COUNCIL WHERE YOUR YOUR APPOINTEES AND WHEN YOUR TERMS END, I DON'T BELIEVE IT IS STRUCTURED THE SAME WAY.

THESE WOULD BE LIKE CLOSER TO A STANDARD BOARD AND COMMISSION WHERE THEY SERVE THEIR FOUR YEAR TERMS. OKAY. SO IT WOULD JUST BE WHENEVER THEY GET APPOINTED FOUR YEARS FROM THAT DATE.

[00:50:04]

THANK YOU. ANY OTHER QUESTIONS? COMMENTS? MR. SHIN. YEAH. I'M JUST I'M GLAD THAT WE'RE DECOUPLING THE STAFF FROM THIS.

IT LIKE IT REDUCES YOUR GUYS'S RISKS AND LIABILITIES ALSO FREES UP YOUR TIME TO TO WORK ON STAFF MATTERS, AND IT ALLOWS THE PUBLIC TO BE ABLE TO SEE WHERE OUR MONEY IS GOING AND THE TRANSPARENCY BEHIND IT.

SO I'M ALL IN FAVOR IN SUPPORTING THIS. MISS BURKHOLDER.

I TOO AM WELCOMING THIS. THIS IS SO EXCITING FOR ME.

I THINK WHEN YOU GET SEVEN HEADS TOGETHER, HOWEVER MANY, IT'S GOING TO BE ON THE SAME TOPIC YOU GET SUCH A WEALTH OF INFORMATION FROM DIFFERENT DIRECTIONS BECAUSE WE ALL THINK A LITTLE BIT DIFFERENTLY. AND I ECHO COUNCIL MEMBER SHIN'S THOUGHTS ABOUT TAKING STAFF OUT OF THESE MEETINGS, AND I THINK IT WILL BE A BETTER WAY MOVING FORWARD.

SO I COMMEND TREASURER PEACOX I DON'T SEE HIM HERE, BUT FOR THIS MOVEMENT AND MOVING FORWARD WITH THIS.

THANK YOU, MISS ACOSTA. THANK YOU. THANKS FOR THE INFORMATION AND FOR ANSWERING THE FOLLOW UP QUESTIONS.

I DO THINK THAT WE'RE GOING TO HAVE INTEREST FROM FOLKS WHO WANT TO APPLY.

WE DID HAVE QUITE A FEW PEOPLE RUN FOR CITY TREASURER, SO PEOPLE WHO ARE QUALIFIED AND INTERESTED IN HELPING OUT THE CITY IN A VOLUNTEER CAPACITY. SO HOPEFULLY PEOPLE WILL APPLY AND WE'LL HAVE A ROBUST BOARD.

THANK YOU. MOTION, PLEASE. SURE. SO MOVE INTRODUCTION OF THE ORDINANCE AND ADOPT BOTH RESOLUTIONS AND AGENDA ITEM FOR SECOND.

PLEASE VOTE. PASSES UNANIMOUSLY. THANK YOU. ITEM NUMBER FIVE CITY

[5. AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 13.10, SECTION 13.10.080 SEWER BENEFIT AREA FEES A THROUGH M ]

CHAPTER 13.10, SECTION 13.10.80 SEWER BENEFIT AREA FEES A THROUGH M.

FOR THE PRESENTATION, WE HAVE ASSISTANT UTILITIES DIRECTOR DAVE PADILLA AND SENIOR MANAGEMENT ANALYST SHOSHANA AGUILAR.

GOOD EVENING, COUNCIL MEMBERS AND MAYOR. THIS EVENING, WE'RE HERE TO INTRODUCE AN ORDINANCE FOR ADOPTION REGARDING SEWER BENEFIT AREAS.

AND I'LL HAND IT OFF TO MISS SHOSHANA AGUILAR SENIOR MANAGEMENT ANALYST.

GOOD EVENING. WE HAVE ONE PROPOSED ACTION TODAY TO INTRODUCE AN ORDINANCE AMENDING SECTION 13.10.08 REGARDING SEWER BENEFIT AREA FEES A THROUGH M IN THE CARLSBAD MUNICIPAL CODE.

FOR A LITTLE BIT OF BACKGROUND, RIGHT NOW, THE CODE STATES THAT EVERY PERSON WHO WISHES TO USE THE CITY'S SEWER FACILITIES IN SEWER BENEFIT AREAS A THROUGH M SHALL PAY A FEE TO THE CITY BEFORE THE CITY GRANTS A BUILDING PERMIT.

ADJUSTING FEES BY ORDINANCE HAVING THOSE FEES IN THE CODE USED TO BE A REQUIREMENT UNDER STATE LAW, BUT NO LONGER IS. RIGHT NOW, MOST CITY FEES ARE SET BY RESOLUTION, BUT THE CURRENT CODE REQUIRES THAT FEE CHANGES BEYOND INFLATIONARY ADJUSTMENTS FOR THE SEWER BENEFIT AREAS BE SET VIA ORDINANCE WHERE YOU WOULD HAVE TO INTRODUCE THE ORDINANCE AND THEN AT A SUBSEQUENT MEETING, ADOPT THE ORDINANCE. SO THE PROPOSED CHANGE IS TO REMOVE THE FEE AMOUNTS FROM THE CODE, SINCE THEY ARE LISTED IN THE MASTER FEE SCHEDULE.

AND THE CHANGE WOULD ALSO STATE THAT THE SEWER BENEFIT AREA FEES WOULD BE SET BY RESOLUTION.

THIS WOULD MAKE FEE SETTING MORE EFFICIENT AND MATCH HOW ALMOST ALL OTHER FEES IN THE CITY ARE SET.

SO THIS IS JUST FOR INTRODUCTION, BUT IF YOU MOVE FORWARD, YOU WOULD CONSIDER ADOPTION AT A FUTURE MEETING AND MOVING FORWARD THIS FEES WOULD BE SET BY RESOLUTION. FINALLY, TO CONCLUDE, WE JUST HAVE THE ONE PROPOSED ACTION TO INTRODUCE THE ORDINANCE AMENDING CMC CODE 13.10.080 AND WE ARE AVAILABLE FOR ANY QUESTIONS.

DO WE HAVE SPEAKERS? WE DO NOT HAVE SPEAKERS.

QUESTIONS FROM COUNCIL. COMMENTS FROM COUNCIL.

MOTION, PLEASE. MOVE INTRODUCTION OF THE ORDINANCE.

SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. THANK YOU.

ITEM NUMBER SIX, CITY MANAGER. ITEM NUMBER SIX IS A PUBLIC HEARING.

[6. FINAL FY 2025-30 CONSOLIDATED PLAN AND FY 2025-26 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ]

TO PRESENT THE ITEM IS SENIOR PROGRAM MANAGER NICOLE PIANO-JONES, NICOLE.

THANK YOU, CITY MANAGER. CITY COUNCIL MEMBERS OF THE PUBLIC.

I'M NICOLE PIANO -JONES. I'M A SENIOR PROGRAM MANAGER WITH HOUSING AND HOMELESS SERVICES HERE TO PRESENT THE SECOND PUBLIC HEARING REGARDING TWO DOCUMENTS REQUIRED UNDER THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, OR ALSO KNOWN AS CDBG FOR SHORT.

SO A BRIEF OVERVIEW OF THE CDBG PROGRAM. THE CITY RECEIVES FUNDS DIRECTLY FROM THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON AN ANNUAL BASIS.

THESE FUNDS MUST BE USED ON PROJECTS AND ACTIVITIES THAT BENEFIT LOW INCOME PEOPLE AND COMMUNITIES.

[00:55:03]

FOR THE FISCAL YEAR 2025 -2030, CONSOLIDATED PLAN SIX PRIORITIES WERE IDENTIFIED AS HAVING THE HIGHEST NEEDS WITHIN CARLSBAD: AFFORDABLE HOUSING, HOMELESSNESS, FAIR HOUSING, PLANNING AND ADMINISTRATION, SUPPORTIVE SERVICES, AND FACILITY FACILITIES AND INFRASTRUCTURE. FOR THE FISCAL YEAR FOR THE FISCAL YEAR 2025-26 ANNUAL ACTION PLAN, AN ESTIMATED ANNUAL CDBG AWARD OF APPROXIMATELY $550,741 WILL BE AVAILABLE, OF WHICH APPROXIMATELY $82,611, OR 15% WILL BE AVAILABLE FOR PUBLIC SERVICES ACTIVITIES THAT SUPPORT HOMELESSNESS PREVENTION.

$110,148 WILL BE ALLOCATED FOR FAIR HOUSING SERVICES AND PROGRAM ADMINISTRATION, AND LASTLY, $357,982 WILL BE ALLOCATED FOR AFFORDABLE HOUSING ACTIVITIES.

LOOKING AT THE TIMELINE FOR THE CONSOLIDATED PLAN AND THE ANNUAL ACTION PLAN, TODAY MARKS THE SECOND AND FINAL PUBLIC HEARING.

THE COMMUNITY OUTREACH AND DATA COLLECTION COMPONENTS OF THIS PROJECT TOOK PLACE IN AUGUST AND SEPTEMBER OF 2024, FOLLOWED BY PUBLIC MEETINGS AT THE HOUSING COMMISSION AND THE CITY COUNCIL.

A NEW APPLICATION PERIOD WAS HELD FROM NOVEMBER 2024 TO JANUARY 2025, FOLLOWED BY THE DEVELOPMENT OF THE DRAFT PLANS AND REVIEW BY THE HOUSING COMMISSION AND THE CITY COUNCIL IN MARCH OF 2025.

THOSE DRAFT PLANS WERE THEN MADE AVAILABLE FOR A 30 DAY REVIEW AND COMMENT PERIOD, AND AS OF TODAY, NO COMMENTS HAVE BEEN RECEIVED. THE RECOMMENDED ACTION TONIGHT IS THAT CITY COUNCIL ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 2025-2030 CONSOLIDATED PLAN AND FISCAL YEAR 2025-2026 ANNUAL ACTION PLAN AND AUTHORIZE THE SUBMISSION OF THE PLANS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THIS CONCLUDES STAFF PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.

OPENING THE PUBLIC HEARING. DO WE HAVE ANY SPEAKERS? THERE ARE NO SPEAKERS.

THANK YOU. CLOSING THE PUBLIC HEARING. ANY COUNCIL MEMBERS HAVE ANY DISCLOSURES THEY'D LIKE TO MAKE? OKAY. NONE. DO WE HAVE ANY QUESTIONS FROM COUNCIL? COMMENTS FROM COUNCIL? MISS ACOSTA. THANK YOU.

WHEN WE PREVIOUSLY TOOK A LOOK AT THIS CDBG OVERALL LARGER PLAN, I MADE SOME COMMENTS ABOUT HOW IMPORTANT THESE FUNDS ARE TO ASSIST THE CITY AND ITS EFFORTS TO ADDRESS HOUSING AND HOMELESSNESS SPECIFICALLY, AND I'M JUST SO PLEASED THAT WE HAVE SUCH A ROBUST PROGRAM THAT IT GOES THROUGH THE HOUSING COMMISSION, THAT WE HAVE THE COMMUNITY ON BOARD WITH US, AND THAT WE ARE VERY CLEAR ABOUT THE CONNECTION TO OUR CARLSBAD COMMUNITY.

SO I WANT TO UNDERSCORE THE IMPORTANCE OF THIS PROGRAM AND HOPE THAT THIS PROGRAM CONTINUES IN THE VEIN THAT IT HAS BEEN IT HAS BEEN ACTIVE FOR SO MANY YEARS. THANK YOU. MISS BHAT-PATEL.

I JUST WANTED TO SAY THANK YOU. I KNOW THIS IS A HEAVY LIFT, SO REALLY APPRECIATE ALL THE WORK THAT WENT INTO THIS.

AND WITH THAT, I'LL GO AHEAD AND MOVE ADOPTION OF THE RESOLUTION.

SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. ITEM NUMBER SEVEN.

[7. APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A NEW MEDICAL OFFICE BUILDING ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND AVIARA PARKWAY (SDP 2023-0022/CDP 2023-0034/DEV2022-0094)]

GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS, ITEM SEVEN BEFORE YOU TONIGHT IS AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO APPROVE A MINOR SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT FOR THE PALOMAR AND AVIARA OFFICE PROJECT.

THE HEARING FOLLOWS ESTABLISHED PROCEDURES TO ENSURE THAT ALL PARTIES HAVE A FAIR OPPORTUNITY TO PARTICIPATE AND RECEIVE DUE PROCESS.

FIRST, STAFF WILL GIVE A PRESENTATION, THEN THE COUNCIL MEMBERS CAN ASK STAFF QUESTIONS.

NEXT, THE APPELLANT WILL GIVE PRESENTATION. AFTER THE COUNCIL MEMBER ASKS QUESTIONS OF APPELLANT, THE APPLICANT WILL GIVE A PRESENTATION. THE COUNCIL MEMBERS WILL ALSO HAVE AN OPPORTUNITY TO ASK THE APPLICANT QUESTIONS.

THEN PUBLIC TESTIMONY WILL BE OPENED AND ONCE PUBLIC TESTIMONY CLOSES, STAFF, THE APPLICANT AND THE PUBLIC WILL HAVE THE OPPORTUNITY TO RESPOND IF NECESSARY.

[01:00:02]

THE HEARING IS DE NOVO, MEANING THE CITY COUNCIL HAS THE ABILITY TO HEAR THE PROJECT ANEW OR FROM THE BEGINNING, AS IF NO PRIOR HEARING OR DECISION HAD OCCURRED, ALLOWING FOR A FRESH EXAMINATION OF THE FACTS AND LEGAL ISSUES.

HOWEVER, THE CITY COUNCIL MAY ONLY CONSIDER THE EVIDENCE PRESENTED TO THE PLANNING COMMISSION FOR CONSIDERATION IN THE DETERMINATION OF DECISION BEING APPEALED.

ADDITIONAL INFORMATION OR ISSUES NOT PREVIOUSLY ADDRESSED, ADDRESSED OR DISCUSSED DURING THE PLANNING COMMISSION HEARING IS ADMISSIBLE.

GROUNDS FOR THE APPEAL ARE LIMITED TO THE FOLLOWING.

THERE IS AN ERROR OR ABUSE OF DISCRETION ON THE PART OF THE PLANNING COMMISSION, AND THAT THE DECISION WAS NOT SUPPORTED BY THE FACTS PRESENTED TO THE PLANNING COMMISSION PRIOR TO THE DECISION BEING APPEALED, OR THERE WAS NOT A FAIR AND IMPARTIAL HEARING.

THE BURDEN OF PROOF IS ON THE APPELLANT TO ESTABLISH SUBSTANTIAL EVIDENCE THAT THE GROUNDS FOR THE DECISION OR DETERMINATION EXIST.

THE CITY COUNCIL CAN UPHOLD, MODIFY OR OVERTURN THE PLANNING COMMISSION'S DECISION, AND THE CITY COUNCIL'S DECISION ON THE MATTER IS FINAL.

THE PROJECT IS A REQUEST FOR A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT FOR 62,600 SQUARE FOOT, THREE STORY MEDICAL OFFICE BUILDING WITH A 52 FOOT TALL ARCHITECTURAL TOWER, 316 SURFACE PARKING LOT AND INDOOR AND OUTDOOR EMPLOYEE EATING AREAS.

THE PROJECT WAS UNANIMOUSLY APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 5TH, 2025.

NO MEMBERS OF THE PUBLIC SPOKE AT THE HEARING, BUT STAFF RECEIVED PUBLIC CORRESPONDENCE LEADING UP TO THE HEARING THAT LARGELY FOCUSED ON THE CEQA ANALYSIS AND RELATED FINDINGS. THE CORRESPONDENCE HAS BEEN INCLUDED IN THE STAFF REPORT AS EXHIBIT FIVE.

IN SEPTEMBER 2007, THE CITY COUNCIL APPROVED THE KELLY JRM OFFICE PROJECT ON THE PROJECT SITE.

THE KELLY JRM OFFICE PROJECT WAS WAS A REQUEST TO CONSTRUCT AN APPROXIMATELY 85,000 SQUARE FOOT, THREE STORY, 43 FOOT TALL OFFICE BUILDING. AS PART OF THAT REQUEST, THE CITY COUNCIL CERTIFIED A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT.

THE PROJECT WAS NEVER CONSTRUCTED. CEQA GUIDELINES SECTION 15162 THROUGH 15164 SET FORTH THE CRITERIA FOR DETERMINING THE APPROPRIATE ADDITIONAL ENVIRONMENTAL DOCUMENTATION, IF ANY, TO BE COMPLETED WHEN THERE IS A PREVIOUSLY ADOPTED NEGATIVE DECLARATION OR PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT, COVERING THE PROJECT FOR WHICH A SUBSEQUENT DISCRETIONARY ACTION IS REQUIRED.

IF AN EXAMINING FUTURE ACTIONS FOR DEVELOPMENT WITHIN THE PROJECT AREA, THE CITY FINDS NO NEW EFFECTS COULD OCCUR OR NO NEW MITIGATION MEASURES WOULD BE REQUIRED OTHER THAN THOSE ANALYZED AND OR AND OR REQUIRED IN THE PRIOR ENVIRONMENTAL DOCUMENT, AND THERE IS NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE.

THE CITY CAN APPROVE THE ACTIVITY AS BEING WITHIN THE SCOPE COVERED BY THIS PRIOR ENVIRONMENTAL DOCUMENT, AND NO NEW ENVIRONMENTAL DOCUMENTATION WOULD BE REQUIRED.

THE APPLICANT HAS PROVIDED A CEQA ANALYSIS, WHICH SHOWS THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY ADOPTED MND FOR THE KELLY JRM OFFICE PROJECT.

THE ANALYSIS DETERMINED THAT THE THAT THE UPDATE TO THE DETAILS OF THE REQUEST REQUIRING ADDITIONAL FURTHER DISCRETIONARY APPROVAL WOULD NOT RESULT IN NEW SIGNIFICANT IMPACTS OVER AND ABOVE THOSE DISCLOSED IN THE PRIOR ENVIRONMENTAL DOCUMENT.

THEREFORE, NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR THE PROJECT.

AS PREVIOUSLY MENTIONED, THE CARLSBAD MUNICIPAL CODE STATES THE CITY COUNCIL SHALL CONSIDER ONLY THE EVIDENCE PRESENTED TO THE PLANNING COMMISSION FOR CONSIDERATION IN THE DETERMINATION OR DECISION BEING APPEALED. ON JANUARY 24TH, 2025, THE APPLICANT SUBMITTED A LETTER ALLEGING THAT THE PROJECT IS NOT CONSISTENT WITH THE PREVIOUS MND, AS THERE ARE SUBSTANTIAL CHANGES TO THE PROJECT AND NEW INFORMATION OF SUBSTANTIAL SUBSTANTIAL IMPORTANCE.

LETTER ALSO ALLEGED THAT THE PROJECT WAS NOT ADEQUATELY NOTICED.

THESE CONCERNS WERE RAISED IN THE CORRESPONDENCE RECEIVED AND CONSIDERED BY THE PLANNING COMMISSION.

HOWEVER, NO SUBSTANTIAL EVIDENCE WAS SUBMITTED TO SUPPORT THESE STATEMENTS.

THE APPEAL LETTER ALSO LISTED CONCERNS WITH THE AVAILABILITY OF THE PREVIOUS MND TO THE PLANNING COMMISSIONERS, AND THE PROJECT'S CONSISTENCY WITH THE AIRPORT LAND USE COMPATIBILITY COMPATIBILITY PLAN.

HOWEVER, THESE CONCERNS WERE NOT RAISED AT THE FEBRUARY 5TH PLANNING COMMISSION HEARING, NOR WERE THEY RAISED IN THE CORRESPONDENCE RECEIVED BEFORE THE HEARING AND SHOULD THEREFORE BE DISREGARDED. THE APPEAL STATES THAT THERE ARE SUBSTANTIAL SUBSTANTIAL CHANGES IN THE PROJECT ANALYSIS IN THE PROJECT ANALYZED IN THE KELLY JRM CITING THE CHANGE IN ZONING THAT HAS OCCURRED SINCE THE PREVIOUS MND WAS ADOPTED, AS WELL AS THE CHANGE FROM A GENERAL OFFICE BUILDING TO A MEDICAL OFFICE BUILDING.

[01:05:01]

MEDICAL OFFICE BUILDINGS ARE NOT PERMITTED IN THE PREVIOUS PLANNED INDUSTRIAL ZONE.

THE APPEAL STATES THAT THE CHANGE IN USE IS SIGNIFICANT, AND THE AND THE CONSISTENCY ANALYSIS DOES NOT ADEQUATELY ANALYZE OR ACCOUNT FOR THE CHANGES CHANGES IN USE AND THEIR IMPACTS AND IS THEREFORE INADEQUATE.

STAFF DISAGREES. CALIFORNIA PUBLIC RESOURCES CODE SECTION 21166 AND CEQA SECTION 15162 ADDRESSES THE SITUATIONS IN WHICH ADDITIONAL ENVIRONMENTAL REVIEW MAY BE NECESSARY FOLLOWING ADOPTION OF AN MND OR CERTIFICATION OF AN EIR.

IT IDENTIFIES THREE EVENTS, ANY ONE OF WHICH TRIGGERS A REQUIREMENT FOR A SUBSEQUENT OR SUPPLEMENTAL ENVIRONMENTAL DOCUMENT.

THOSE ARE ONE, SUBSTANTIAL CHANGES TO THE PROJECT.

TWO SUBSTANTIAL CHANGES TO THE CIRCUMSTANCES, CIRCUMSTANCES UNDER WHICH THE PROJECT IS BEING UNDERTAKEN, OR THREE AVAILABILITY OF NEW INFORMATION THAT WAS NOT KNOWN OR COULD NOT HAVE BEEN KNOWN WHEN THE ENVIRONMENTAL DOCUMENT WAS ADOPTED OR CERTIFIED.

IN GENERAL, CEQA REVIEW IS REOPENED WHEN THERE IS A NEED FOR A SUBSEQUENT VERSION OF AN ENVIRONMENTAL DOCUMENT THAT REVISES THE EARLIER ENVIRONMENTAL DOCUMENT TO MAKE IT ADEQUATE FOR A PROJECT PROJECT'S APPROVAL AFTER CONDITIONS HAVE CHANGED.

THE PROJECT SITE HAS BEEN LONG SLATED FOR NONRESIDENTIAL DEVELOPMENT IN THE CITY'S PLANNING FRAMEWORK FRAMEWORK, AND THE PROJECT HAS SIMILAR DRAWINGS, MATERIALS AND CONFIGURATIONS OF STRUCTURES AS A PREVIOUS PROJECT.

THE PROJECT REPRESENTS A MINOR INCREMENTAL CHANGE TO THAT FRAMEWORK AND DOES NOT INTRODUCE NEW OR MORE SIGNIFICANT IMPACTS BEYOND WHAT WAS PREVIOUSLY ANALYZED IN THE PREVIOUSLY ADOPTED MND. THE CHANGE IN ZONING FROM PLANNED INDUSTRIAL TO OFFICE WAS PREVIOUSLY ANALYZED DURING THE 2015 COMPREHENSIVE GENERAL PLAN UPDATE AND ASSOCIATED ENVIRONMENTAL DOCUMENT, AND THEREFORE THE USE AND ACTIVITY DOES NOT NEED TO BE FURTHER ANALYZED FOR THIS PROJECT.

THE CONSISTENCY ANALYSIS FOR THE PROJECT ANALYZES THE IMPACTS OF THE CURRENT PROJECT ON THE CURRENT UNDER THE CURRENT CONDITIONS AND A MEDICAL OFFICE IS A PERMITTED USE IN THE CURRENT OFFICE ZONING. THE CHANGE IN ZONING AND THE CHANGE FROM A GENERAL OFFICE TO A MEDICAL OFFICE DOES NOT QUALIFY AS A SUBSTANTIAL CHANGE, AS THE ENVIRONMENTAL ANALYSIS DEMONSTRATES THAT THE MEDICAL OFFICE IMPACTS WILL NOT EXCEED THOSE IMPACTS ANALYZED IN THE PREVIOUS 2007 MND.

THE APPEAL STATES THAT THERE WAS NEW INFORMATION OF SUBSTANTIAL IMPORTANCE THAT WAS NOT ANALYZED IN THE MND, SPECIFICALLY AS IT RELATES TO GREENHOUSE GAS EMISSIONS, TRAFFIC, AND WILDFIRE .

GREENHOUSE GAS EMISSIONS DUE TO THE INCREASE IN AVERAGE DAILY TRIPS CAUSED BY THE CHANGE IN PROPOSED USE FROM GENERAL OFFICE TO MEDICAL OFFICE TRAFFIC TO DUE TO THE MND USING THE PREVIOUS STANDARD OF LEVEL OF SERVICE INSTEAD OF THE CURRENT STANDARD OF VEHICLES MILES TRAVELED.

THE DEVELOPER BEING UNABLE TO KNOW TRIP DISTRIBUTION THROUGHOUT THE DAY WITHOUT KNOWING WHO THE TENANTS WILL BE, AND ONE ACCESS POINT FORCING ALL PROJECT TRAFFIC TO TRAVEL THROUGH LAUREL TREE LANE.

AND WILDFIRES AS OUR UNDERSTANDING OF WILDFIRES HAS SIGNIFICANTLY INCREASED SINCE 2007, AND A MODEL MODELING AND ANALYSIS SHOULD BE PERFORMED GIVEN THE CHANGE IN INTENSITY OF THE PROJECT.

STAFF DISAGREES ON ALL POINTS. I'LL NOW GO THROUGH EACH OF STAFF'S POSITIONS.

STARTING WITH GREENHOUSE GAS EMISSIONS. IN JULY 2015, THE CITY ADOPTED THE CLIMATE ACTION PLAN THAT OUTLINED ACTIONS THAT THE CITY WILL UNDERTAKE TO ACHIEVE ITS PROPORTIONAL SHARE OF STATE MANDATED GREENHOUSE GAS EMISSION REDUCTIONS.

A PROJECT'S INCREMENTAL CONTRIBUTION TO A CUMULATIVE GREENHOUSE GAS EMISSION EFFECT MAY BE DETERMINED NOT TO BE CUMULATIVELY CONSIDERABLE, IF IT COMPLIES WITH THE REQUIREMENTS OF THE PLAN.

THE PROJECT HAS PROVIDED A CLIMATE ACTION PLAN CONSISTENCY CHECKLIST AND WILL COMPLY WITH THE PROJECTS SPECIFIC DESIGN FEATURES REQUIRED TO ACHIEVE COMPLIANCE WITH THE GREENHOUSE GAS REDUCTION STRATEGIES OUTLINED IN THE CLIMATE ACTION PLAN.

BECAUSE THE PROJECT IS CONSISTENT WITH THE EXISTING GENERAL PLAN LAND USE AND ZONING DESIGNATIONS, THE PROJECT WOULD BE CONSISTENT WITH THE GROWTH PROJECTIONS USED IN THE DEVELOPMENT OF THE CLIMATE ACTION PLAN.

THEREFORE, THE PROJECT WOULD NOT RESULT IN AN IMPACT TO GREENHOUSE GAS EMISSIONS AND IS WITHIN THE SCOPE OF THE PRIOR ENVIRONMENTAL DOCUMENT. NEXT IS STAFF'S POSITION ON TRAFFIC. ALTHOUGH VEHICLE MILES TRAVELED, VMT IS A CURRENT STANDARD OF REVIEW CEQA REQUIRES TO ANALYZE TRAFFIC IMPACTS.

DEVELOPERS ARE PERMITTED TO USE THE LEVEL OF SERVICE LOSS METRIC TO ANALYZE TRAFFIC IMPACTS WHEN THEIR ENVIRONMENTAL REVIEW IS HEARING FROM A PRIOR PRIOR CEQA ANALYSIS THAT ANALYZED TRAFFIC USING THAT METRIC. TRAFFIC IMPACTS WERE ANALYZED USING IN THE PREVIOUS MND USING THE LOS METRIC.

[01:10:03]

THE UPDATED STUDY DEMONSTRATES THAT THE STUDY AREA, INTERSECTIONS AND STREET SEGMENTS WOULD MEET THE ESTABLISHED LOS PERFORMANCE STANDARD OF D OR BETTER DURING PEAK HOURS. THEREFORE, THE PROJECT WOULD NOT RESULT IN AN IMPACT TO TRAFFIC AND IS WITHIN THE SCOPE OF THE PRIOR ENVIRONMENTAL DOCUMENT.

NEXT, I WILL DISCUSS STAFF'S POSITION ON WILDFIRES.

THE PROJECT INCLUDES THE PROJECT, INCLUDING ITS FIRE ACCESS HAS BEEN REVIEWED AND PRELIMINARILY APPROVED BY THE CARLSBAD FIRE DEPARTMENT.

THE PROJECT'S ULTIMATE DESIGN IS REQUIRED TO COMPLY WITH THE CALIFORNIA FIRE CODE, WHICH IS A SET OF REGULATIONS ADDRESSING FIRE SAFETY AND FIRE PROTECTION FIRE PREVENTION IN BUILDINGS, INCLUDING FIRE SERVICE FEATURES, WATER FLOW, AND HYDRANT CONNECTIONS.

IN ADDITION, THE PROJECT IS ADJACENT TO TWO MAJOR ARTERIAL ROADWAYS, WHICH WILL ENABLE EVACUATION IN FOUR DIRECTIONS IN THE EVENT OF AN EMERGENCY.

THE PROPOSED MEDICAL OFFICE BUILDING WILL BE LOCATED APPROXIMATELY 200FT FROM THE EXISTING OPEN SPACE AND SURROUNDED BY ASPHALT AND IRRIGATED LANDSCAPING.

THEREFORE, THE PROJECT WOULD NOT RESULT IN NEW OR MORE SEVERE WILDFIRE THREATS, AND ADDITIONAL MODELING AND ANALYSIS IS NOT REQUIRED.

THE APPEAL ALSO STATED THAT THE APPELLANT, WHOSE PROPERTY WHO OWNS PROPERTY ACROSS THE STREET FROM THE PROJECT SITE, DID NOT RECEIVE NOTICE OF THE PROJECT. ALTHOUGH CITY COUNCIL POLICY 84, WHICH OUTLINES DEVELOPMENT PROJECT PUBLIC OUTREACH REQUIREMENTS, WAS RECENTLY UPDATED BY THE CITY COUNCIL.

THE PROJECT WAS SUBMITTED IN JULY 2023 AND WAS THEREFORE SUBJECT TO THE PREVIOUS POLICY 84.

AS PART OF THIS PROCESS, THE APPLICANT WAS REQUIRED TO SEND OUT EARLY PUBLIC NOTICE, POST A SIGN ON THE PROJECT SITE, AND COMPLETE AN ENHANCED STAKEHOLDER OUTREACH.

THE APPLICANT SENT OUT NOTICES TO PROPERTY OWNERS WITHIN A 600 FOOT RADIUS, AND OCCUPANTS WITHIN A 100 FOOT RADIUS POSTED A SIGN ON THEIR SITE AND HELD A COMMUNITY OUTREACH MEETING ON JANUARY 29TH, 2024. STAFF HAS CONFIRMED THAT THE PROPERTY OWNER IN QUESTION WAS NOTIFIED BY THE APPLICANT PURSUANT TO POLICY 84.

IN ADDITION TO THE PUBLIC OUTREACH COMPLETED BY THE APPLICANT, THE CITY SENT OUT TWO NOTICES TO PUBLIC HEARING PRIOR TO THE PLANNING COMMISSION HEARING.

ONE ON JANUARY 2ND, 2025 FOR THE CONTINUED JANUARY 15TH HEARING AND ONE ON JANUARY 23RD, 2025 FOR THE FEBRUARY 5TH HEARING.

PURSUANT TO CMC 2154 060 STAFF WAS REQUIRED TO NOTIFY PROPERTY OWNERS WITHIN A 600 FOOT RADIUS AND OCCUPANTS WITHIN A 100 FOOT RADIUS OF THE PROJECT SITE. HOWEVER, HOWEVER, FOR THESE NOTICES, THE APPLICANT PROVIDED LABELS FOR AN EXTENDED PROPERTY OWNER RADIUS OF 1000FT FROM THE PROPERTY FROM THE PROJECT SITE. STAFF HAS REVIEWED AND VERIFIED THAT THE PROPERTY OWNER IN QUESTION WAS SENT BOTH NOTICES OF PUBLIC HEARING.

AS SUCH, FOR THE REASONS SPECIFIED HERE AND IN THE STAFF REPORT STAFF RECOMMENDS THAT THE CITY COUNCIL DENY THE APPEAL AND UPHOLD THE DECISION OF THE PLANNING COMMISSION TO APPROVE THE MINOR DEVELOPMENT, MINOR SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT.

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

DO ANY COUNCIL MEMBERS HAVE ANY DISCLOSURES PERTAINING TO THIS ITEM? NO. NEXT IS CITY COUNCIL QUESTIONS ON THE STAFF PRESENTATION.

ANY QUESTIONS BY COUNCIL? MR. SHIN? I JUST WANT TO RECONFIRM.

THANKS FOR THE REPORT. SO IN 2015, WE ALLOWED THE BANDWIDTH TO ALLOW MEDICAL OFFICES AS OPPOSED TO JUST GENERAL OFFICE LIKE CLASSES.

CORRECT. SO IN 2015, UNDER THE GENERAL PLAN AMENDMENT, WE CHANGED THE ZONING AND THE GENERAL PLAN, WHICH DID THEN ALLOW MEDICAL OFFICES IN THAT ON THAT PARCEL, WHICH STILL HOLDS TO TO THIS DAY.

CORRECT. OKAY. ANY OTHER QUESTIONS FROM COUNCIL? APPELLANT PRESENTATION. I INVITE THE APPELLANT TO MAKE A PRESENTATION TO A MAXIMUM OF TEN MINUTES.

GOOD EVENING MAYOR, CITY COUNCIL, THANK YOU FOR.

TALK CLOSER TO THE MICROPHONE SO WE CAN HEAR YOU. THANK YOU. YES. HOW'S THAT? OH. GOOD EVENING, MAYOR, CITY COUNCIL MY NAME IS ANDREA CONTRERAS.

I'M A LAND USE ATTORNEY, AND I REPRESENT SSGTH LLC, A NEIGHBOR OF THE SUBJECT PROPERTY.

WE'VE SUBMITTED A LETTER OUTLINING OUR APPEAL, BUT I WANT TO HIGHLIGHT A FEW ISSUES HERE.

OUR REVIEW OF THE RECORD IN THIS MATTER IDENTIFIED SOME LEGAL DEFICIENCIES, AND WE WANT TO ASK THE CITY COUNCIL TONIGHT TO RESCIND THE PROJECT APPROVAL IN THIS MANNER AND DIRECT STAFF TO GO BACK AND PERFORM AN INITIAL STUDY FOR THE PROJECT.

FIRST, REGARDING THE CEQA ACTION, AND I THINK YOU DO HAVE TO CONSIDER THIS.

IT WAS NOT RAISED AT THE PLANNING COMMISSION HEARING, BUT WE COULDN'T KNOW UNTIL THE HEARING WAS CLOSED WHETHER OR NOT THE PLANNING COMMISSION

[01:15:03]

ALL SIGNIFICANT IMPACTS WERE ADEQUATELY ADDRESSED IN THE CERTIFIED MND, THE PROJECT WOULD NOT MAKE A CONSIDERABLE CONTRIBUTION TO A NEW SIGNIFICANT CUMULATIVE IMPACT, AND FOUR NONE OF THE TRIGGERS FOR SUBSEQUENT SUPPLEMENTAL NDS, MNDS AND CEQA APPLY. THE PROJECT IS THEREFORE DETERMINED TO BE WITHIN THE SCOPE OF THE CERTIFIED MND, AND THE CERTIFIED MND SATISFIES ALL REQUIREMENTS OF CEQA FOR THIS LATER ACTIVITY.

SO THE PLANNING COMMISSION IS CERTIFYING THAT WHAT THEY HAVE REVIEWED ENCOMPASSES THE ENVIRONMENTAL IMPACTS OF THE NEW PROJECT.

WE REVIEWED THE BACKUP MATERIALS FOR THE PLANNING COMMISSION HEARING, AND WE FOUND THAT THE 2007 MND WAS NOT INCLUDED.

NEITHER WAS THERE A LINK DIRECTING PLANNING COMMISSIONERS WHERE TO LOOK ONLINE TO REVIEW THE MND.

AND OUR CONCERN IS THAT THERE ISN'T SUBSTANTIAL EVIDENCE IN THE RECORD TO SUPPORT THAT THE PLANNING COMMISSION ACTUALLY CONSIDERED THE MND AND THEREFORE THE DECISION IS LEGALLY DEFICIENT. SECOND, THE CHANGE FROM AN OFFICE USE TO A MEDICAL OFFICE USE IS A SUBSTANTIAL CHANGE THAT HAS NOT BEEN ADEQUATELY ANALYZED.

AND WHILE THE ZONING WAS CHANGED IN 2015 TO ALLOW FOR MEDICAL OFFICE, THE MND IS FROM IS AN ENVIRONMENTAL REVIEW FROM A TIME WHEN MEDICAL OFFICE WAS NOT ALLOWED IN THAT ZONE.

THE REASON TWO DESIGNATIONS EXIST FOR OFFICE AND MEDICAL OFFICE BUILDINGS I KNOW YOU KNOW THIS, BUT IT'S BECAUSE THE IMPACTS ARE DIFFERENT. ONE IS AN EMPLOYEE CENTERED USE AND THE OTHER IS A RETAIL CLIENT CENTERED USE.

THEY REQUIRE DIFFERENT KINDS OF PARKING, AMONG OTHER THINGS.

THE TRAFFIC PATTERNS ARE DIFFERENT. CONSIDER THAT IN THIS CASE, THE TRANSPORTATION IMPACT ANALYSIS INDICATES THAT THE ADTS FOR THIS PROJECT WILL BE ALMOST DOUBLE WHAT WAS PREVIOUSLY APPROVED AND ANALYZED IN THE 2007 MND.

THAT'S A SUBSTANTIAL CHANGE THAT SHOULD TRIGGER ADDITIONAL REVIEW.

THIRD, THE EFFECT OF THE EFFECTIVENESS OF THE SINGLE ENTRY AND EXIT ON LAUREL TREE LANE HAS NOT BEEN PROPERLY STUDIED, AND WE KNOW THAT A NUMBER OF RESIDENTS WHO LIVE ADJACENT TO THAT AREA HAVE RAISED CONCERNS ABOUT THIS AS WELL.

AN INITIAL STUDY WOULD RESOLVE SOME OF THESE ISSUES, I THINK.

FOR INSTANCE, AN INITIAL STUDY WOULD REVEAL POTENTIAL CUMULATIVE IMPACTS OF THIS PROJECT THAT THAT DIDN'T OCCUR IN THE IN IN THE PLANNING COMMISSION'S ANALYSIS.

FROM INFORMATION ON THE CITY'S WEBSITE, WE KNOW THAT LESS THAN A MILE EAST ON PALOMAR AIRPORT ROAD, VACANT PARCELS HAVE BEEN SLATED FOR REZONING FROM INDUSTRIAL TO RESIDENTIAL.

WE DON'T KNOW IF THE IMPACT OF THAT REZONE HAS BEEN ANALYZED OR IF IT IS A CUMULATIVE IMPACT, OR IF THIS PROJECT, YOU KNOW, ADDS TO THE CUMULATIVE IMPACTS.

FOR THESE REASONS, WE ASK THE CITY COUNCIL TO REVERSE THE PLANNING COMMISSION'S APPROVAL OF THIS PROJECT, TO DIRECT STAFF TO CONDUCT AN INITIAL STUDY SO THAT A MORE FULSOME CEQA REVIEW CAN BE ACCOMPLISHED.

THANK YOU. I'M AVAILABLE FOR QUESTIONS. ANY QUESTIONS FROM THE COUNCIL? THANK YOU VERY MUCH, MA'AM. AND NEXT IS THE OPPORTUNITY FOR THE APPLICANT TO MAKE A TEN MINUTE PRESENTATION.

DON'T HAVE TO, BUT YOU MAY. MY NAME IS JAMES MCCANN I'M WITH THE APPLICANT. FIRST OFF, JUST WANT TO THANK LAUREN AND THE REST OF CITY STAFF FOR ALL YOUR HARD WORK TO DATE ON THE PROJECT. I'M JUST GOING TO BE BRIEF, BUT I'D LIKE TO ADD A FEW COMMENTS TO STAFF'S PRESENTATION.

OR PERHAPS ATTEMPT TO ADD A LITTLE BIT OF COLOR TO WHAT IS QUITE TECHNICAL IN TERMS OF A CEQA ANALYSIS.

SO, AS LAUREN MENTIONED IN 2007, WE HAD APPROVALS FOR AN AND 85,000 FOOT BUILDING WHICH HAD A CEQA DETERMINATION AND A MND DETERMINATION. AND OUR CURRENT PROPOSED PROJECT IS NOW A 62,600 SQUARE FOOT BUILDING.

IT'S THE SAME HEIGHT. THE FOOTPRINT IS ESSENTIALLY THE SAME.

THE SETBACKS ARE NEAR IDENTICAL. IT MEETS THE PARKING REQUIREMENTS.

IT CONFORMS TO THE ZONING. AND WE'RE NOT REQUESTING ANY TYPE OF WAIVER OF A DEVELOPMENT STANDARD.

THE APPELLANT'S LETTER AND PRESENTATION HERE SEEMS TO SUGGEST THAT OUR CURRENT PROJECT DID NOT FOLLOW CEQA REQUIREMENTS AND OR DID NOT PERFORM INADEQUATE ENVIRONMENTAL REVIEW. THAT IS DEFINITIVELY NOT THE CASE.

[01:20:02]

AT PRESENT, THERE ARE 20 CATEGORIES IN WHICH A PROJECT MUST BE EVALUATED AGAINST FOR CEQA.

OUR CONSISTENCY ANALYSIS TAKES THE CURRENT PROJECT AND EVALUATES IT AGAINST ALL 20 OF THOSE CATEGORIES.

THE ANALYSIS IS SUPPORTED BY UP TO DATE QUANTITATIVE THIRD PARTY REPORTS, TRAFFIC NOISE STUDY, AIR QUALITY, ETC. AND THE FINDING THAT'S BEEN MADE, WHICH IS DESCRIBED IN THE STAFF REPORT, IS THAT OUR CURRENT PROJECT WILL NOT HAVE ANY NEW ENVIRONMENTAL IMPACTS, WHICH IS THE KEY POINT.

SO AGAIN, IN SIMPLE TERMS, WE DID DO AN ENVIRONMENTAL REVIEW FOR THE CURRENT PROJECT, AND WE COMPARED THAT REVIEW TO AN ENVIRONMENTAL DETERMINATION FOR A PREVIOUS PROJECT. AND THE CONCLUSION FROM THIS SORT OF COMPARATIVE ANALYSIS IS THAT OUR NEW PROJECT WILL NOT RESULT IN ANY NEW ENVIRONMENTAL IMPACTS.

THAT'S I GUESS, SORT OF MY GENERAL OVERVIEW. AND I'LL JUST WANT TO COMMENT ON TRAFFIC OR TRANSPORTATION BECAUSE THAT THAT'S WHICH IS ONE OF THE 26 CATEGORIES AND I THINK WAS DISCUSSED MOSTLY AT OUR PLANNING COMMISSION HEARING.

SO THE PREVIOUSLY APPROVED PROJECT ASSUMED 1,700 DAILY TRIPS, THE APPELLANT SAID THAT, WHILE THE NEW PROJECT ASSUMES 3,100 DAILY TRIPS. YES. ON A PERCENTAGE BASIS, THAT'S FAIRLY SUBSTANTIAL.

BUT AS STATED IN THE STAFF REPORT, AND PER CEQA, THAT'S NOT THE WAY THAT THIS SHOULD BE LOOKED AT.

HERE'S WHY. OUR TRAFFIC CONSULTANT WHO CAN WHO'S HERE, LMG CAN SPEAK TO THIS MORE, BUT WE TOOK CURRENT TRIP DATA OF ALL OF THE NEARBY INTERSECTIONS, THEN ADDED THE 3,100 TRIPS TO THE CURRENT NETWORK CONDITIONS, WHAT EXISTS THERE TODAY AND WHAT WAS FOUND IS THAT NOT A SINGLE INTERSECTION WOULD FALL BELOW WHAT IS CALLED THE LOS D CATEGORY, AND THAT THIS LOS D CATEGORY IS THE THRESHOLD PER CEQA FOR WHETHER THOSE TRIPS ADDED TO THE CURRENT NETWORK WOULD CREATE ANY NEW TRAFFIC IMPACTS.

SO IN SIMPLE TERMS, YES, THERE ARE MORE TRIPS FOR THE CURRENT PROJECT.

HOWEVER, EVEN WITH THE INCREASED TRIPS, THERE WILL NOT BE ANY NEW TRAFFIC IMPACTS AS DEFINED BY CEQA.

THAT'S ALL I GOT. AND KIM OUR SECRET CONSULTANT IS GOING TO SPEAK HERE.

HI KIM BERANEK, BERANEK CONSULTING GROUP. WE WORKED WITH STAFF TO PREPARE THE REPORT.

I DON'T KNOW IF THERE'S ANYTHING ELSE I CAN REALLY ADD. I THINK LAUREN DID A GREAT JOB OF KIND OF, YOU KNOW, MENTIONING THE SALIENT POINTS. WITH REGARD TO THE APPELLANT PRESENTATION.

YOU KNOW, SHE'S CLAIMING THAT AN INITIAL STUDY WOULD REVEAL CUMULATIVE IMPACTS AS JAMES JUST DESCRIBED IN SPECIFIC TERMS THIS THERE WAS AN UPDATED TRAFFIC STUDY COMPLETED, AND IT DID ADDRESS THE UPDATED CUMULATIVE CONDITIONS SURROUNDING THE PROPERTY.

SO DOING YOU CAN CALL IT WHAT YOU WANT, BUT WE DID THE ANALYSIS.

IT WOULD HAVE BEEN THE SAME OUTCOME. AND IT DEMONSTRATES AGAIN THE CRITERIA.

IS THERE A NEW SIGNIFICANT IMPACT? IS IT AN INCREASED SEVERITY OF IMPACT? AND IS THERE NEW INFORMATION THAT WOULD CAUSE, YOU KNOW, THE IDENTIFICATION, IDENTIFICATION OF A NEW SIGNIFICANT IMPACT? AND ON ALL THREE OCCASIONS, THE ANSWER IS NO.

SO I THINK EVERYTHING ELSE IS PRETTY STRAIGHTFORWARD, BUT I JUST WANT TO BE CLEAR ON THAT MATTER.

AND I'M HERE FOR QUESTIONS. THANKS. COUNCIL HAVE ANY QUESTIONS OF THE APPLICANT? OKAY. NEXT I'M GOING TO OPEN PUBLIC TESTIMONY.

DO WE HAVE ANY SPEAKERS? YES. PATRICIA LANGAN.

THANK YOU MAYOR BLACKBURN AND COUNCIL MEMBERS FOR CONSIDERING MY REQUEST.

I AM THE VICE PRESIDENT AND CONSERVATION CHAIRPERSON FOR BUENA VISTA AUDUBON SOCIETY.

WITH REQUEST TO THE PALOMAR AND AVIARA OFFICE PROJECT, THE MOD, NOTICE OF DETERMINATION STATES THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. THIS IS NOT AN ACCURATE STATEMENT.

EVERY YEAR, UP TO 1 BILLION BIRDS FATALLY COLLIDE WITH GLASS IN THE UNITED IN THE UNITED STATES.

THE 52, THE PLANNED 52 FOOT TALL GLASS TOWER ON THIS PROJECT IS A LITERAL DEATH TRAP FOR BIRDS.

RECENT RESEARCH HAS FOUND THAT BIRD POPULATIONS IN NORTH AMERICA HAVE DECLINED BY MORE THAN 3 BILLION BIRDS OVER THE LAST 50 YEARS.

SAN DIEGO COUNTY IS ON THE PACIFIC FLYWAY, WHICH IS A MAJOR MIGRATION ROUTE FOR BIRDS.

OVER 100,000 BIRDS MIGRATE ON A GIVEN DAY THROUGH SAN DIEGO COUNTY IN SPRING AND FALL RIGHT NOW.

THE ADJACENT OPEN SPACE TO THAT PROJECT IS A RIPARIAN HABITAT THAT I CAN WITNESS HAVE WITNESSED HOST MIGRATORY BIRDS.

[01:25:02]

BIRDS DON'T SEE CLEAR OR REFLECTIVE GLASS AS A BARRIER.

THEY DON'T GET THOSE CONTEXT CLUES OF A WINDOW FRAME LIKE MOST PEOPLE DO ALTHOUGH YOU'VE SEEN PEOPLE RUN INTO SLIDING GLASS DOORS BEFORE.

SO BIRDS SEE INSTEAD, BIRDS SEE LANDSCAPE REFLECTIONS IN GLASS, THINGS LIKE SKY OR CLOUDS OR VEGETATION, OR THEY SEE THROUGH THE GLASS TO MAYBE PLANTS INSIDE.

AND THAT'S WHEN THEY COLLIDE. NEW BUILDINGS AND REMODELS CAN INCORPORATE BIRD FRIENDLY BUILDING DESIGN STANDARDS, WHICH ARE PART OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE.

THESE STANDARDS OFTEN ALSO SAVE SAVE ENERGY. OTHER CITIES HAVE ADOPTED THESE STANDARDS.

OCEANSIDE WILL BE INCLUDING THE BIRD FRIENDLY BUILDING DESIGN STANDARDS IN THEIR GENERAL PLAN UPDATE, AND HAVE ALREADY INCLUDED IT IN THE OLIVE PARK APARTMENTS EIR.

SO I REQUEST THAT THESE MITIGATING MEASURES, INCLUDING BIRD FRIENDLY BUILDING DESIGN STANDARDS, BE REQUIRED FOR THIS PROJECT. THANK YOU. MA'AM, MAY I ASK YOU TO MEET WITH THE APPLICANT AND SHARE SOME OF THE IDEAS, MAYBE IT'S SOMETHING HE CAN INCORPORATE, MAYBE NOT, BUT AT LEAST SHARE IT WITH THEM.

THANK YOU. THERE ARE NO ADDITIONAL SPEAKERS. OKAY, I'M CLOSING THE PUBLIC TESTIMONY. DOES STAFF HAVE ANYTHING TO SAY TO RESPOND TO ANY OF THE SPEAKERS? DON'T HAVE TO I'M JUST ASKING. NO, I DON'T. THANK YOU.

DOES THE APPLICANT HAVE ANY COMMENTS TO ANYTHING THAT WAS SAID? HOW ABOUT THE APPELLANT? OKAY. CITY COUNCIL DISCUSSION.

ANY COMMENTS? MR. SHIN? JUST A QUESTION TO OUR CITY ATTORNEY.

DO WE HOLD A POSITION IN REGARDS TO THIS? WE'RE SUPPORTING STAFF CLEARLY.

BUT WITH WHAT WAS JUST STATED. SO WITH REGARD TO THE THE WHETHER, THE PLANNING COMMISSION HAD THE 2007 MITIGATED NEGATIVE DECK IN MIND WHEN IT MADE ITS DECISION. I RECALL A PLANNING COMMISSION HEARING IN WHICH THERE WHILE THERE WAS NOBODY IN THE AUDIENCE, THERE WAS ABSOLUTE ROBUST QUESTIONING AND COMMENTING FROM THE PLANNING COMMISSIONERS OF STAFF ON THIS PROJECT AND CALLING UP VARIOUS PEOPLE, YOU KNOW, PEOPLE FROM THE APPLICANTS CONTINGENT TO SPEAK ON THINGS.

THERE IS NO REQUIREMENT, TO MY KNOWLEDGE, THAT THE MND ATTACHED AND IN TERMS OF WHOSE BURDEN IT IS AT THIS HEARING, IT IS THE THE BURDEN IS ON THE APPELLANT TO ESTABLISH THAT IT WAS NOT CONSIDERED.

AND AGAIN, MY MY REMEMBRANCE OF THE HEARING WAS THAT THERE WAS ABSOLUTE ROBUST QUESTIONING BY THE PLANNING COMMISSION.

WITH REGARD TO WHAT THIS COUNCIL NEEDS TO CONSIDER.

MISS YZAGUIRRE DID GO THROUGH, YOU KNOW WHAT WOULD REQUIRE FURTHER ENVIRONMENTAL REVIEW.

THIS IS KIND OF A UNIQUE SITUATION WHEN ENVIRONMENTAL REVIEW HAS ALREADY BEEN DONE.

THE COUNCIL IS CONSTRAINED IN TERMS OF THE ADDITIONAL ENVIRONMENTAL REVIEW THAT IT CAN REQUIRE.

SO ONE OF THOSE THREE TRIGGERING EVENTS THAT MISS YZAGUIRRE MENTIONED IN HER PRESENTATION HAS TO OCCUR.

BUT IT'S A LITTLE BIT MORE THAN THAT. IT'S NOT JUST THAT SOMETHING IS NEW.

IT'S NOT JUST THAT THERE'S BEEN A SIGNIFICANT CHANGE IN THE PROJECT OR SIGNIFICANT CHANGE IN THE CIRCUMSTANCES.

WHAT THE COUNCIL NEEDS TO CONSIDER IS, HAS THERE BEEN A SIGNIFICANT CHANGE IN ENVIRONMENTAL EFFECT THAT WOULD REQUIRE ADDITIONAL ENVIRONMENTAL REVIEW? AND SO IT'S NOT JUST THAT THIS PROJECT LOOKS DIFFERENT, AND IT'S NOT JUST, OH, THERE MAY HAVE BEEN MORE THAT WE COULD HAVE DONE IF WE WERE DOING IT FRESH. BUT HAS SOMETHING CHANGED ENOUGH THAT WE'RE EXPECTING SOME SORT OF SIGNIFICANT CHANGE IN THE ENVIRONMENTAL EFFECTS THAT SHOULD BE STUDIED.

ANY OTHER COMMENTS FROM COUNCIL? MISS ACOSTA.

THANK YOU AND THANKS TO THE CITY ATTORNEY ALSO FOR GOING OVER THAT LAST BIT ABOUT WHAT WAS DISCUSSED AND WHAT WE ARE ABLE TO LOOK AT. I JUST WANTED TO COMMENT ALSO ON MY LOVE FOR BIRDS.

SO THANK YOU TO THE SPEAKER WHO TALKED ABOUT THAT.

AND I DID NOTICE QUITE A BIT IN HERE, ACTUALLY, IN THE STAFF REPORT WHERE THERE IS SOME SOME NOTES ABOUT WORKING TO PROTECT THE HABITAT AND SPECIFIC CAVEATS WHERE IF THERE WERE, YOU KNOW, BREEDING SEASON AND NESTING NESTS WERE FOUND THAT THEY, THAT THE THAT THE PROJECT WOULD INCLUDE SOME ADDITIONAL MEASURES FOR MITIGATION AND MINIMIZATION OF NOISES AND THINGS.

SO I NOTED ALL OF THAT AND SPECIFICALLY PROTECTING THE BROWN COWBIRDS, WHICH I DON'T EVEN KNOW WHAT THAT IS,

[01:30:04]

SO I JUST WANTED TO THANK STAFF FOR THE THE PRESENTATION, THE PLANNING COMMISSION FOR THE DISCUSSION.

AND I DON'T SEE ANY REASON TO UPHOLD THE APPEAL.

SO I WOULD I WOULD SUPPORT THE ORIGINAL DECISION OF THE PLANNING COMMISSION.

THANK YOU. OKAY. MOTION, PLEASE. MOVE ADOPTION OF THE RESOLUTION, DENYING AN APPEAL.

SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. WE'RE 90 MINUTES INTO THE MEETING.

LET'S TAKE A TEN MINUTE BREAK AND RECONVENE AT 20 TO 7.

YEAH. I'M CALLING THE MEETING BACK TO ORDER. ITEM NUMBER EIGHT.

[8. FISCAL YEAR 2025-26 INTERNAL AUDIT PLAN AND INTERNAL AUDIT UPDATE]

ALL RIGHT. GOOD EVENING. MAYOR, MAYOR PRO TEM, CITY COUNCIL MEMBERS LAURA ROCHA DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES.

AND WITH ME THIS EVENING IS OUR CITY INTERNAL AUDIT MANAGER, TOUFIC TABSHOURI.

MR. TABSHOURI JOINED THE CITY BACK IN DECEMBER OF 2024, AFTER THE POSITION HAD BEEN VACANT FOR ABOUT OVER A YEAR.

WE ARE HAPPY TO BE HERE TONIGHT TO INFORM YOU OF THE AUDIT WORK THAT'S CURRENTLY BEING CONDUCTED AND PRESENT TO YOU THE FISCAL YEAR 25-26 INTERNAL AUDIT PLAN FOR YOUR CONSIDERATION AND APPROVAL.

SO THE PROPOSED ACTION FOR TONIGHT IS TO ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 25-26 INTERNAL AUDIT PLAN.

THE PRESENTATION WILL INCLUDE A BRIEF OVERVIEW OF THE INTERNAL AUDIT FRAMEWORK CITY COUNCIL POLICY NUMBER 89.

THE AUDIT SELECTION WHAT DO WE AUDIT? A BRIEF OVERVIEW OF THE AUDIT PLAN DEVELOPMENT AND THE RISK ASSESSMENT STEPS THAT WERE CONDUCTED.

AND THEN FINALLY WE WILL PRESENT YOU THE AUDIT WORK PLAN FOR FISCAL YEAR 25-26.

SO THE INTERNAL AUDIT FRAMEWORK, CITY COUNCIL POLICY 89 WAS APPROVED IN NOVEMBER ON NOVEMBER 12TH, 2019. AND IT INCLUDES A MISSION STATEMENT THAT I'D LIKE TO READ.

THE CITY'S INTERNAL AUDIT DIVISION PROVIDES HIGHLY RELIABLE, INDEPENDENT, OBJECTIVE ASSURANCE AND CONSULTING SERVICES DESIGNED TO SAFEGUARD CITY RESOURCES AND IMPROVE CITY OPERATIONS. IT ALSO CONTAINS AUDITING STANDARDS THAT USES A GUIDANCE WHEN PLANNING, CONDUCTING AND REPORTING AUDIT RESULTS. IT ALSO REFERENCES INDEPENDENCE AND THE IMPORTANCE OF THAT AS IT RELATES TO THE INTERNAL AUDIT MANAGER POSITION, AS WELL AS OTHER KEY ELEMENTS. SO THE CITY'S INTERNAL AUDITS ARE DESIGNED TO BRING A SYSTEMATIC, DISCIPLINED APPROACH TO EVALUATING AND RECOMMENDING IMPROVEMENTS TO THE EFFECTIVENESS OF RISK MANAGEMENT, CONTROL AND THE GOVERNANCE PROCESS. SO WITH THAT, I WOULD NOW LIKE TO TURN THE PRESENTATION OVER TO OUR INTERNAL AUDIT MANAGER TOUFIC TABSHOURI. THANK YOU. THANK YOU, MRS. ROCHELLE.

GOOD EVENING. MAYOR BLACKBURN MAYOR PRO TEM BHAT-PATEL AND COUNCIL MEMBERS ACOSTA, BURKHOLDER, AND SHIN. THIS IS MY FIRST TIME BEFORE YOU, AND I'M REALLY EXCITED TO BE HERE.

I'VE BEEN DOING THIS WORK FOR 20 YEARS, AND I REALLY LIKE MY JOB, AND MY HOPE IS TO KIND OF CONVEY TO YOU TONIGHT THAT THE VALUE ADDED OF THIS POSITION AND THEN THE ROLE OF AUDITING WITHIN THE CITY. SO THE FIRST TASK CONFRONTING A NEW PERSON AND A NEW AUDITOR AND A JOB SUCH AS THIS IS WHAT DO I AUDIT? THERE'S PLENTY TO AUDIT.

AND THEN REALLY IN PRECEDING THE BIG PICTURE IS I'M KIND OF GUIDED BY THIS PRIMARY GOAL OR PRINCIPLE, WHICH IS TO JUST SPEND MY TIME ON THINGS THAT I THINK ARE GOING TO BE REALLY VALUE ADDED TO THE CITY, AS OPPOSED TO JUST DO ROUTINE AUDITS THAT ARE UNLIKELY TO YIELD YOU KNOW THAT THAT MUCH VALUE.

AND IN AUDIT PARLANCE, I THINK UNDER THE AUDIT STANDARDS THAT I TRY TO FOLLOW, IT'S THE THE TERM OF ART IS EFFICIENCY AND EFFECTIVENESS.

AND THEN WHAT PART OF THAT ENTAILS IS TO REALLY THINK ABOUT HOW TO AVOID AREAS THAT ARE NOT WORTH AUDITING AND HOW I KIND OF COME UP WITH THAT.

FOR EXAMPLE WHEN I STARTED HERE IN DECEMBER, ONE OF THE THINGS THAT WAS ON MY MIND WAS BRUSH MANAGEMENT.

[01:35:03]

AND SO AND I'M FAMILIAR WITH THE TOPOGRAPHY OF THE PLACE.

BUT NOW FAST FORWARD TO JANUARY YOU KNOW, WITH THE FIRES IN LA, BRUSH MANAGEMENT IS ON EVERYBODY'S HORIZON, SO THERE'S NO POINT FOR ME AS THE AUDITOR TO JUST KIND OF TRY TO WEIGH IN ON IT WHEN SO MANY OTHER PEOPLE ARE PAYING ATTENTION TO THIS.

SO THAT'S JUST KIND OF AN EXAMPLE OF THE THINKING THAT I KIND OF GO THROUGH.

I FELT IT WAS ALSO IMPORTANT TO ME TO COMMUNICATE SOME OF THE METHODOLOGY THAT I GO THROUGH IN PICKING AUDITS, RATHER THAN JUST PRESENT YOU WITH A LIST OF AUDITS AND JUST ASK FOR YOU TO APPROVE THEM.

AND THAT WILL BE MUCH OF THAT IS IN ATTACHMENT A OF THE STAFF REPORT, BUT I'LL TRY TO COVER IT BRIEFLY HERE.

THE INTERNAL AUDIT PLAN IS BASED ON A RISK ASSESSMENT, THAT'S REALLY WHAT PROFESSIONAL GUIDANCE AND MODERN AUDIT STANDARDS CALL FOR, RATHER THAN HOW IT USED TO BE DONE MANY YEARS AGO, WHICH IS JUST THE AUDITOR JUST COMES UP WITH THINGS BASED ON HIS OR HER EXPERIENCE OR FEELINGS. SO THAT PROCESS OF DEVELOPING A RISK ASSESSMENT THE FIRST STEP IS REALLY JUST TRYING TO GET YOUR HANDS ON EVERYTHING THAT COULD POTENTIALLY BE AUDITED WITHIN THE CITY.

NOW WE CALL THAT THE AUDIT UNIVERSE. AND SO I USED THE OPERATING BUDGET OF THE CITY TO KIND OF GIVE ME A LISTING OF ALL DEPARTMENTS AND DIVISIONS.

AND, AND THEN I KIND OF APPLIED A THRESHOLD, WHICH IS I SET IT AT ABOUT $5 MILLION OR 10 FTES.

AND I DECIDED THAT I'M GOING TO FOCUS MY EFFORTS ON THE LARGER DEPARTMENTS.

YOU CAN OBVIOUSLY ALWAYS HAVE RISK OR SOME THINGS HAPPEN ANYWHERE, BUT GENERALLY SPEAKING, THE LARGER THE DIVISION, IF THERE'S ANYTHING AWRY IN THAT PLACE, THAT'S GOING TO BE MORE COSTLY, MORE CONSEQUENTIAL. AND BUT I DO APPLY A LOT OF QUALITATIVE ADJUSTMENT FACTORS.

FOR EXAMPLE, IF YOU I'LL GIVE YOU AN EXAMPLE OF THAT.

SO TAKE LET'S TAKE THE FINANCE DEPARTMENT. YOU KNOW, FINANCE GENERALLY CARRIES AN INHERENTLY HIGH RISK BECAUSE IT'S MONEY.

THERE ARE A LOT OF THINGS THAT CAN GO WRONG LIKE MISAPPROPRIATION OR MISSTATEMENT.

HOWEVER, IN THIS CASE, I KNOW THAT EVERY YEAR THE CITY GETS ITS FINANCIAL STATEMENTS AUDITED AND THAT FOR THE PAST SO MANY YEARS, WE'VE HAD CLEAN FINDINGS NO MATERIAL MISSTATEMENTS, NO SIGNIFICANT DEFICIENCIES.

AND AS THE DIRECTOR OF FINANCE WOULD SAY THEY ALWAYS GET THE GFOA AWARD EVERY YEAR FOR FINANCIAL REPORTING EXCELLENCE.

SO ALL THESE FACTORS KIND OF CAUSED ME TO ASSESS FINANCE AT A MUCH LOWER RISK THAN I OTHERWISE WOULD.

SO LUCKILY FOR ME, THE EVEN AFTER APPLYING THE RISK ASSESSMENT, I STILL ENDED UP WITH ABOUT AT LEAST FOUR YEARS OF POSSIBLE AUDIT WORK. AND I BASICALLY MY AUDIT CAPACITY IS ABOUT 1,500 HOURS A YEAR.

THAT'S GOOD FOR ABOUT FOUR AUDITS OF THE SIZE THAT I GENERALLY SCOPE THE AUDITS AT.

AND THEN AND THEN THE MAIN REASON THAT THAT THE RISK ASSESSMENT YIELDED SO MANY POTENTIAL AUDIT TOPICS. ONE REASON IS THAT THE POSITION HAD BEEN VACANT FOR ABOUT A YEAR.

BUT REALLY ANOTHER AND MORE IMPORTANT REASON IS THAT THIS TYPE OF INTERNAL AUDIT POSITION WAS REALLY JUST ESTABLISHED IN 2019. PRIOR TO 2019 THE POSITION WAS PLACED WITHIN THE FINANCE DEPARTMENT, AND IT WAS REALLY MORE FOCUSED ON CONDUCTING MORE FINANCIAL COMPLIANCE TYPE AUDITS. SO SO IT'S STILL KIND OF A NEW FUNCTION.

AND MANY DEPARTMENTS IN THE CITY HAVE JUST NEVER HAD A PERFORMANCE AUDIT CONDUCTED.

SO THERE'S A LOT THAT I CAN POTENTIALLY DO. AND LASTLY, I DO HAVE SOME RESPONSIBILITIES BESIDES PERFORMANCE AUDITS.

I DO OVERSEE THE TRANSIT OCCUPANCY TAX AUDITS, AND I ALSO ADMINISTER THE ETHICS AND FRAUD HOTLINE.

THIS IS BASICALLY THE OUTPUT, THE THE RESULT OF THE RISK ASSESSMENT.

SO I CAME UP WITH BASICALLY FOUR AUDITS FOR FISCAL YEAR 25-26 THAT I WOULD LIKE TO CONDUCT.

I NEGLECTED TO MENTION THAT AS PART OF MY CONDUCTING THE RISK ASSESSMENT, I DO MEET WITH A LOT OF THE DEPUTY CITY MANAGERS AND DIRECTORS TO REALLY JUST GET THEIR INPUT, TOO. AND POLICE DEPARTMENT INVENTORY AND S TORAGE CAME UP AS A AS AN AREA WORTH LOOKING AT.

[01:40:06]

AND I PICKED THOSE SPECIFICALLY BECAUSE I THOUGHT THEY WOULD GIVE ME A LOT MORE INSIGHT, JUST BROADLY INTO WHAT'S GOING ON IN VARIOUS DEPARTMENTS WITHIN THE CITY.

MANY DEPARTMENTS PROBABLY USE OVERTIME AND MANY DEPARTMENTS A LOT OF THE CLAIMS THAT THE CITY MIGHT RECEIVE ARE GENERATED BY DIFFERENT HAZARDS THAT ARE WITHIN DIFFERENT DEPARTMENTS. AND SO MY GOAL WAS TO JUST SEE, HEY, IS OVERTIME BEING USED APPROPRIATELY.

AND THEN FOR LIABILITY CLAIMS HANDLING. I REALLY HAD TWO GOALS.

ONE IS TO LOOK AT THE CLAIMS HANDLING PROCESS ITSELF IF IT'S WORKING WELL.

IF IT'S WORKING WELL, THAT COULD BE REALLY GOOD, BECAUSE THAT MEANS THAT CLAIMS THAT THE CITY RECEIVED CAN BE HANDLED WELL BEFORE THEY GET A CHANCE TO ESCALATE INTO LITIGATION. SO SO THAT WAS ONE THE OTHER GOAL WAS REALLY TO MAKE SURE THAT THE INFORMATION THAT THE CITY IS RECEIVING AS A RESULT OF FROM CLAIMS IS ACTUALLY BEING FED INTO BROADER RISK MANAGEMENT ACTIVITIES.

SO WE DON'T JUST SORT OF PROCESS A CLAIM AND PAY IT, BUT THEN WE FIGURE OUT, OKAY, WHAT IS THE HAZARD THAT GENERATED GENERATED THAT CLAIM.

AND THAT THAT INFORMATION IS PROVIDED IN A TIMELY MANNER TO THE DEPARTMENTS THAT OWN THOSE HAZARDS.

AND THAT MAY BE A DEEPER ROOT CAUSE ANALYZES AND TREND ANALYZES ARE BEING CONDUCTED.

SO THAT'S KIND OF WHERE I'M GOING WITH THAT AUDIT.

IT THERE'S A LOT TO AUDIT THERE. I STILL HAVEN'T CHOSEN THE SPECIFIC AUDIT THAT I'M GOING TO DO THIS YEAR.

I'M CURRENTLY HAVING DISCUSSIONS WITH OUR IT DIRECTOR.

ALTHOUGH ALL THESE AUDITS THAT I LISTED, I PLAN ON DOING THEM WITHIN THE NEXT 2 TO 3 YEARS.

THIS IS THE OTHER AUDIT. THE OTHER WORK THAT I'M RESPONSIBLE FOR DOING I DID MENTION THAT, TRANSIT OCCUPANCY TAX WILL NOT TAKE A LOT OF TIME, MAYBE 100 HOURS.

FRAUD AND ETHICS HOTLINE. MY UNDERSTANDING IT'S BEEN QUITE QUIET HERE AT THE CITY, WHICH IS REALLY GOOD.

ALTHOUGH THE CAVEAT THAT I WOULD SAY IS, YOU KNOW, WHEN YOU DO GET A CREDIBLE ALLEGATION ON A FRAUD HOTLINE THAT CAN TURN INTO A LARGE WORK, YOU KNOW, IT COULD TAKE A LOT OF HOURS AND IT'S OFTENTIMES URGENT.

IT NEEDS TO BE DEALT WITH QUICKLY SO IT CAN IMPACT THE AUDIT PLAN.

MY NEXT STEPS ARE I WILL BE SUBMITTING AUDIT REPORTS AS I COMPLETE THEM TO YOU, AND THEN I WILL BE COMING BEFORE YOU TWICE A YEAR TO GIVE YOU UPDATES ON MY PROGRESS.

AND THEN FINALLY AGAIN, THE PROPOSED ACTION IS TO ADOPT A RESOLUTION APPROVING THE FISCAL YEAR 2025-26 INTERNAL AUDIT PLAN.

AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

DO WE HAVE SPEAKERS? THERE ARE NO SPEAKERS. QUESTIONS FROM COUNCIL? MR. SHIN. THANKS FOR THE REPORT. I SEE YOUR ENTHUSIASM.

SO IT'S PRETTY EXCITING WHEN I SEE SOMEBODY WHO'S PUMPED UP TO DO AUDITS.

SO THE QUESTION I HAVE IS JUST SO YOU REPORT TO LAURA, IS THAT CORRECT? CORRECT. OKAY. SO THEN HOW DO WE JUST ENSURE THAT THERE'S, LIKE, AN INDEPENDENCE BEHIND YOU SO THAT IF YOU NOTICE SOMETHING, I'M NOT GOING TO SAY THAT LAURA'S DONE ANYTHING NEGATIVE. BUT IF LET'S SAY THAT YOU'RE FIGURING OUT THAT YOUR OWN BOSS OR ALL THE WAY UP TO HERE, THAT THERE'S AN ISSUE GOING ON, HOW DO YOU ENSURE THAT YOU'RE GOING TO MAINTAIN INDEPENDENCE? IT'S AN EXCELLENT QUESTION. AND IT COMES UP IN MY PROFESSION A LOT.

SO IT'S OFTENTIMES A FUNCTION OF THE STRUCTURE HOW IT'S SET UP.

YOU KNOW, I THINK ME REPORTING TO LAURA IS BETTER THAN ME WITH UNDER FINANCE.

I THINK HISTORICALLY THEY USED TO HAVE AUDITORS UNDER FINANCE.

BUT THEN THAT ALL CHANGED AFTER SARBANES-OXLEY.

THEY KIND OF MOVED THE AUDITORS OUT OF THE FINANCE.

REALLY BUT OTHER THAN THE STRUCTURE, REALLY, IT COMES DOWN TO THE INTEGRITY OF THE PEOPLE INVOLVED.

AND WHEN THE PEOPLE MAYBE WHEN THAT COMPONENT IS NOT PRESENT, IT CAN BE QUITE DIFFICULT FOR THE AUDITOR.

I MEAN, I PERSONALLY HAD THAT EXPERIENCE ONCE AND I JUST LEFT THE JOB AND I'M IN A POSITION WHERE I CAN.

BUT SOMETIMES IT'S REALLY TOUGH FOR JUNIOR AUDITORS WHO DON'T HAVE THAT.

SO, SO IN THIS CASE, I THINK IT'S FINE THE, THE TO GET BACK INTO INDEPENDENCE ITSELF.

I MEAN, THERE'S NO SUCH THING AS PERFECT INDEPENDENCE.

THERE ARE DIFFERENT AUDIT POSITIONS THAT ARE CONFIGURED DIFFERENTLY. FOR EXAMPLE, THE CITY OF SAN DIEGO, THEY HAVE A BIG AUDIT OFFICE, ITS 20 STAFFERS.

THE CITY AUDITOR DOES NOT REPORT TO ANYONE WITHIN THE CITY.

NOT NOT TO THE MAYOR. THEY JUST REPORT DIRECTLY TO COUNCIL.

BUT THAT PARTICULAR STRUCTURE THAT GIVES AN AUDITOR MORE INDEPENDENCE, THAT'S ALSO NOT PERFECT BECAUSE YOU CAN HAVE PROBLEMS WITH A, SHALL WE SAY, OVERLY INDEPENDENT AUDITOR OR ROGUE AUDITOR THAT JUST DECIDES, HEY, I CAN'T BE REMOVED,

[01:45:03]

AND THEN THE ENTITY, THE CITY JUST DOESN'T GET AS MUCH VALUE OUT OF THE POSITION.

SO I DON'T REALLY HAVE A PERFECT ANSWER FOR YOU, BUT IT'S A QUESTION THAT WE THINK ABOUT A LOT IN THIS PROFESSION.

YEAH, I JUST NOTICED LIKE FROM THE DIFFERENCE BETWEEN LIKE OUTSIDE AUDITING AND THEN INTERNAL THAT THAT CAN CREATE A CONFLICT.

ARE WE GOING TO DO ANYTHING JUST LIKE CHECK IT EVERY ONCE IN A WHILE, JUST LIKE HAVE AN OUTSIDE AUDITOR JUST VERIFY YOUR WORK IF YOU WILL, OR? I THINK THE FACT THAT I GET THE OPPORTUNITY, YOU KNOW, COUNCIL POLICY REQUIRES ME TO COME HERE TWICE A YEAR AND REPORT TO YOU.

I DO HAVE THAT KIND OF THEY CALL IT LIKE THE DOTTED REPORTING LINE TO COUNCIL, YOU KNOW, AND, YOU KNOW, IF YOU WANT TO GAME OUT WORST CASE SCENARIOS. I MEAN, IF SOMETHING BAD WERE TO TRANSPIRE, I WOULD HAVE A TALK WITH LAURA AND THEN I WOULD HAVE A TALK WITH JEFF AND THEN PERHAPS EVEN OUR CITY ATTORNEY.

AND THEN I WOULD PROBABLY REACH OUT TO YOU. BUT THAT'S ON THE EXTREME SIDE OF THINGS THAT COME UP, YOU KNOW IT WOULD HAVE TO BE QUITE UNUSUAL, YOU KNOW, NORMAL DISAGREEMENTS.

GENERALLY SPEAKING, IF IF I COME UP WITH IDEAS ON AUDITS AND THEN THE CITY MY BOSS DISAGREES WITH, THE CITY MANAGER DISAGREES. THAT'S WELL WITHIN THEIR PREROGATIVE, YOU KNOW, ALL AUDIT REPORTS JUST COME UP WITH RECOMMENDATIONS AND MANAGEMENT IS FREE TO TAKE THEM OR NOT. MOST OF THE TIME I THINK WE TRY TO HANDLE DISAGREEMENTS AT A LOWER LEVEL, BUT SOMETIMES IT'S ACTUALLY QUITE VALUABLE TO HAVE DISAGREEMENTS LAID OUT IN AN AUDIT REPORT AND THEN TO GO BEFORE YOU, BECAUSE THEN YOU COULD SEE MORE THAN ONE SIDE, MORE THAN ONE PERSPECTIVES, AND YOU CAN WEIGH IN ON AND GIVE US DIRECTION AS FAR AS WHAT YOU'D LIKE, HOW YOU'D LIKE TO PROCEED. AND THE LAST, LAST QUESTION DOES DO AUDITS PROVIDE LIKE A COMPARATIVE ANALYSIS WITH OTHER MUNICIPALITIES? I WILL OFTENTIMES USE THAT TECHNIQUE OF BENCHMARKING AS A WAY TO COMPARE OURSELVES.

AND I WILL SOMETIMES USE IT AS A WAY TO JUST MAKE THINGS MORE EFFICIENT FOR ME.

SO I DON'T NEED TO REINVENT THE WHEEL. I WILL OFTENTIMES REVIEW AND RESEARCH AUDIT REPORTS FROM OTHER MUNICIPALITIES AS A WAY TO KIND OF GENERATE AUDIT IDEAS HERE, YOU KNOW? YEAH, I DO THAT A LOT. OKAY, GREAT.

THANK YOU, THANK YOU. ANY OTHER QUESTIONS, MISS ACOSTA? THANK YOU. THANKS FOR THE REPORT AND THE ENTHUSIASM.

I JUST WANT TO CHECK ON THE TIMELINE. SO WE HADN'T HAD A PERSON IN THIS POSITION FOR A LITTLE WHILE.

WE TALKED ABOUT COMING TWICE A YEAR. SO IS THAT LIKE A MIDWAY CHECK IN AND THEN AN ANNUAL KIND OF WORK PLAN SETTING MEETING SIMILAR TO WHAT THIS IS BECAUSE THIS IS OUR FISCAL YEAR 25-26 INTERNAL AUDIT PLAN AND UPDATE KIND OF COMBINED.

ARE WE GOING TO SINCE WE'RE HAVING THIS TWICE A YEAR, ARE WE GOING TO BREAK THOSE OUT INTO TWO DIFFERENT THINGS, ONE'S AN UPDATE AND ONE'S A PLAN FOR THE UPCOMING YEAR? SO I STARTED IN DECEMBER AND I SPENT SOME TIME WORKING ON THIS REPORT, BUT THEN I JUST JUMPED INTO AUDITS THAT WERE PREVIOUSLY APPROVED BUT HADN'T BEEN CONDUCTING. I'M CURRENTLY WORKING ON AN AUDIT OF PROCUREMENT.

THAT'S A MUCH BIGGER AUDIT THAN I NORMALLY LIKE TO SCOPE ON, BUT I THINK IT WAS NECESSARY TO DO IT THAT WAY.

AND THEN PERHAPS ANOTHER AUDIT. YOU KNOW, I'M HAPPY TO COME HERE AS OFTEN AS YOU'D LIKE ME TO.

I BELIEVE THE NORM HAS BEEN THAT WHEN AUDITS ARE COMPLETED, THEY JUST COME IN AS CONSENT ITEMS. BUT I CAN ALSO CONDUCT THEM AS PRESENTATIONS.

YEAH. COUNCIL MEMBER. THANK YOU FOR THE QUESTION. WE TYPICALLY HAVE IN THE PAST, USUALLY AROUND DECEMBER, JANUARY TIME FRAME, COME IN WITH AN UPDATE FOR THAT PARTICULAR PLAN YEAR.

AND THEN USUALLY USUALLY IT'S WE TRY TO GET AROUND, YOU KNOW MAY JUNE JULY TIME FRAME FOR ANOTHER UPDATE OF THAT PARTICULAR FISCAL YEAR AND THEN REQUEST APPROVAL OF THAT NEXT FISCAL YEAR.

WE DID GET A LITTLE OFF TRACK. SO AS TOUFIC MENTIONED, HE WILL BE BRINGING AN UPDATE IN REGARDS TO SOME OF THE 24-25 PLAN AND THEN ALSO UPDATING YOU PROBABLY IN ABOUT SIX MONTHS, WHERE HIS WORK STANDS FOR THE FISCAL YEAR 25-26.

GREAT. THANKS FOR THE CLARIFICATION. OKAY. ANY COMMENTS? WELCOME ABOARD. I'M IN FULL SUPPORT. THANK YOU.

ANY OTHER COMMENTS? MOTION. MOVE ADOPTION OF THE RESOLUTION.

SECOND. PLEASE VOTE. PASSES UNANIMOUSLY. THANK YOU.

ITEM NUMBER NINE, CITY MANAGER. THANK YOU. ITEM NINE IS THE INTERSECTION TRAFFIC CONTROL OPTIONS FOR THE CARLSBAD BOULEVARD AND TAMARACK AVENUE INTERSECTION IMPROVEMENT

[9. INTERSECTION TRAFFIC CONTROL OPTIONS FOR THE CARLSBAD BOULEVARD AND TAMARACK AVENUE INTERSECTION IMPROVEMENTS PROJECT, CIP PROJECT NO. 6058]

[01:50:02]

OVER THE LAST SEVERAL YEARS, WE HAVE ASKED FOR EXTENSIONS FROM SANDAG.

THEY'VE BEEN VERY PATIENT WITH THE CITY, AS WE HAVE GOTTEN OUR ARMS AROUND THE SORT OF IMPROVEMENTS THAT WE PLAN TO PUT IN THIS LOCATION.

THE THE INITIAL PLAN WAS TO INCLUDE A ROUNDABOUT AT THE LOCATION, GIVEN THAT SANDAG IS NOW ASKING FOR PROGRESS TO BE MADE MUCH SOONER THAN WE HAD TARGETED AND THEY'RE ASKING FOR US TO COMPLETE THE GRANT, OR THEY'RE GOING TO SUSPEND THE AWARDING THE REST OF IT TO US.

I'M USING THAT OPPORTUNITY TO BRING THIS ITEM FORWARD TO COUNCIL TO DO A QUICK CHECK IN IS TO SEE WHETHER A ROUNDABOUT MAY BE WHAT WE'D STILL LIKE TO HAVE AT THAT LOCATION, OR IF THERE ARE ANY OTHER IMPROVEMENTS, INSTEAD OF A ROUNDABOUT THAT COUNCIL MIGHT LIKE TO CONSIDER.

ALL OPTIONS THAT ARE BEING PROPOSED TODAY WOULD PROVIDE SAFETY IMPROVEMENTS FOR ALL USERS IN THAT AREA.

AND WITH THAT, TO WALK US THROUGH ITEM NINE, I TURN TO TRANSPORTATION DIRECTOR TOM FRANK.

TOM. ALL RIGHT. THANK YOU SIR. GOOD EVENING, MAYOR AND CITY COUNCIL.

I'M TOM FRANK, THE TRANSPORTATION DIRECTOR AND CITY ENGINEER.

TONIGHT, I'LL BE COVERING THE INTERSECTION TRAFFIC CONTROL OPTIONS FOR CARLSBAD BOULEVARD AND TAMARACK AVENUE INTERSECTION IMPROVEMENT PROJECT WITH NEW INFORMATION BASED ON GRANT FUNDING. THERE ARE THREE OPTIONS FOR CITY COUNCIL TO CONSIDER.

ONE, CONFIRM THE RESOLUTION FROM THE 20 OR JULY 2023 APPROVING A ROUNDABOUT AT CARLSBAD BOULEVARD AND TAMARACK AVENUE.

TWO, ADOPT A RESOLUTION APPROVING A TRAFFIC SIGNAL AT THE INTERSECTION, AND THEN THREE ADOPT A RESOLUTION APPROVING A SMALLER SCALE PROJECT WITH LIMITED IMPROVEMENTS FOR CARLSBAD BOULEVARD AND TAMARACK AVENUE.

THE CITY HAS ADOPTED A CAPITAL IMPROVEMENT PROGRAM PROJECT TO MAKE SIGNIFICANT IMPROVEMENTS TO THE AREA AROUND THE INTERSECTION.

THE DESIGN INCLUDES A ROUNDABOUT AT THE INTERSECTION, PEDESTRIAN SAFETY IMPROVEMENTS, WIDER BIKE LANES, AND A WIDER SIDEWALK ON THE BRIDGE OVER THE AGUA HEDIONDA LAGOON INLET.

THE PROJECT WAS TO BE PARTLY FUNDED BY AN APPROXIMATE $1 MILLION GRANT FROM SANDAG, OF WHICH WE HAVE $455,000 REMAINING IN GRANT FUNDS.

HERE'S A SNAPSHOT OF THE GRANT TIMELINE ASSOCIATED WITH THE INTERSECTION PROJECT.

THE GRANT WAS FIRST SIGNED IN 2016. THE GRANT THE CITY REQUESTED TWO EXTENSIONS TO ACCOUNT FOR ADDITIONAL TIME FOR PUBLIC INPUT. AND THEN PRIORITIES HAD SHIFTED DURING COVID IN THE FOLLOWING YEARS.

IN JULY 2023, THE CITY COUNCIL APPROVED THE CONCEPTUAL DESIGN, WHICH INCLUDED THE ROUNDABOUT AND DIRECTED STAFF TO RETURN WITH INFORMATION ON THE PERFORMANCE OF ANOTHER ROUNDABOUT AT CARLSBAD BOULEVARD AND CANNON ROAD.

IN NOVEMBER 2024, THE CITY COUNCIL AUTHORIZED STAFF TO ASK SANDAG TO AMEND THE SCOPE TO REMOVE THE CONSTRUCTION FROM THE GRANT AND REQUEST A TWO YEAR EXTENSION. TWO SANDAG COMMITTEES HAVE SINCE MET AND RECOMMENDED AGAINST THE CITY'S REQUEST.

AND THAT BRINGS US TO TODAY'S DISCUSSION. WE HAVE APPROXIMATELY $455,000 REMAINING IN GRANT FUNDS, AND ARE SEEKING YOUR DIRECTION TO EITHER REMAIN WITH THE ROUNDABOUT OPTION OR TO TAKE ANOTHER APPROACH BASED ON THE GRANT DEADLINE.

THE GRANT WAS INITIALLY APPROVED IN THE AMOUNT OF $1,054,000, REQUIRING 42% LOCAL MATCH BY THE CITY AND 58% CONTRIBUTION FROM SANDAG. AGAIN, THE REMAINING BALANCE OF THE GRANT IS APPROXIMATELY $455,000.

THIS GRANT ITEM IS ANTICIPATED TO BE ADDRESSED BY THE SANDAG BOARD NEXT MONTH.

IF THEY DO NOT TAKE ACTION ON THE GRANT AND IT EXPIRES, THE REMAINING BALANCE IS LOST, REGARDLESS OF WHICH OPTION CITY COUNCIL SUPPORTS TONIGHT.

STAFF PROVIDED THE FOLLOWING OPTIONS FOR CITY COUNCIL'S CONSIDERATION: CONFIRM THE ROUNDABOUT, APPROVE A TRAFFIC SIGNAL, OR APPROVE A SMALLER SCALE PROJECT WITH LIMITED INTERSECTION PEDESTRIAN IMPROVEMENTS.

WE'LL RECAP WHAT THE IMPROVEMENTS ENTAIL, AND THEN SOME PROS AND CONS FOR EACH OPTION ONE.

THE ROUNDABOUT HAS ONE CAR LANE IN EACH DIRECTION WITH BUFFERED BIKE LANES.

IT WIDENS THE SIDEWALK TO THE MAXIMUM EXTENT POSSIBLE, 10 FEET NORTH OF TAMARACK AVENUE AND 14 TO 16FT SOUTH OF THE INTERSECTION.

FOR OPTION ONE. REGARDING THE PROS, STUDIES SHOW THAT OPTION THAT THIS OPTION MOVES TRAFFIC MORE EFFICIENTLY, REDUCES THE NUMBER OF CONFLICT POINTS FOR USERS, MANAGES SPEED ALONG THE COAST, AND RESULTS IN LESS AIR POLLUTION AND NOISE ON THE CON SIDE. THERE IS NO CONSTRUCTION FUNDING CURRENTLY IDENTIFIED.

[01:55:03]

OPTION TWO TRAFFIC SIGNAL MAINTAINS THE EXISTING NUMBER OF CAR LANES WITH NO BUFFER AGAINST THE BIKE LANES.

THE SIDEWALK NORTH OF TAMARACK AVENUE WILL REMAIN AT 5 FEET ON THE EASTERN SIDE, AND WILL BE WIDENED TO 6 TO 10FT ON THE SOUTH OR SOUTH OF THE INTERSECTION ON THE WEST SIDE. THE PROS WITH THIS OPTION, IT MEETS CITY COUNCIL'S POLICY RELATED TO TRAFFIC SAFETY, MOBILITY AND ENVIRONMENTAL SUSTAINABILITY. IT ENHANCES SAFETY COMPARED TO CURRENT CONDITIONS, STUDIES SHOW IT MANAGES TRAFFIC FLOW UNTIL THE YEAR 2035, AND CARLSBAD DRIVERS ARE MORE FAMILIAR WITH TRAFFIC SIGNALS.

ON THE CON SIDE, THE CONS INCLUDE AGAIN, THERE IS NO CONSTRUCTION FUNDS IDENTIFIED FOR THE $17 MILLION ESTIMATED FOR THE FOUR LANE ALTERNATIVE, AND POSSIBLY THE LOSS OF THE REMAINING GRANT FUNDS.

OPTION THREE WE'LL KEEP THE EXISTING VEHICLE CONDITIONS WITH PEDESTRIAN IMPROVEMENTS, INCLUDING NEW ACCESS RAMPS AT EACH OF THE CROSSWALK CORNERS AND ISLAND REFUGE, HIGH VISIBILITY CROSSWALKS ON THE THREE LEGS OF THE INTERSECTION SHOWN, AND THE REMOVAL OF A MAJORITY OF THE GUARDRAILS SOUTH OF THE INTERSECTION, FREEING UP AN ADDITIONAL 1.5FT OF WIDTH OF WALKING SPACE.

THE PROS IT'S A SIMPLER DESIGN WITH FASTER PERMITS AND CONSTRUCTION, IT ENHANCES THE PEDESTRIAN PATHWAYS AND CROSSWALKS, MAKING THEM COMPLIANT WITH AMERICAN DISABILITIES ACT.

IT HAS A LOWER COST, CURRENTLY ESTIMATED AT $2 MILLION, AND IT MAY HELP RETAIN THE REMAINING $450,000 SANDAG GRANT FUNDS TO COMPLETE CONSTRUCTION, WHICH ALSO ADDRESSES SEVERAL COMMENTS PRESENTED DURING THE RELATED SANDAG MEETINGS.

THE CONS INCLUDE: NOT ALL CONSTRUCTION FUNDS ARE IDENTIFIED, LIMITED ENHANCEMENTS COMPARED TO OPTIONS ONE AND TWO, AND IT STILL NEEDS SANDAG APPROVAL ON THE EXTENSION FOR THE CONSTRUCTION PHASE FOR TO RETAIN THE REMAINING GRANT FUND.

SO WITH THAT, GIVEN SANDAG GRANT DEADLINE OF MAY 8TH, 2000 OF THIS YEAR, STAFF WILL WORK WITH SANDAG STAFF BASED ON TONIGHT'S COUNCIL DIRECTION.

WE WILL ALSO WORK ON THE ENVIRONMENTAL REVIEW AND PERMITTING AND FINAL DESIGN CONSISTENT WITH CITY COUNCIL'S APPROVED DESIGN OPTION.

SO THE RECOMMENDED ACTION IS ONE OF THREE OPTIONS CONFIRM THE ROUNDABOUT, APPROVE A TRAFFIC SIGNAL, OR APPROVE A SMALLER SCALE PROJECT WITH LIMITED INTERSECTION IMPROVEMENTS.

AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS AND THANK YOU.

DO WE HAVE ANY SPEAKERS? BARBARA SIEGEL FOLLOWED BY GREG FUDER.

THANK YOU FOR LETTING ME SPEAK. I THINK I'VE SPOKEN ABOUT THIS MATTER BEFORE.

I'VE LIVED IN I'M BARBARA SIEGEL, I'VE LIVED IN CARLSBAD ALMOST 19 YEARS.

I MOVED HERE FROM LOS ANGELES. WHEN I FIRST DROVE AROUND CARLSBAD, I WAS THRILLED TO LIVE IN A SMALL TOWN AND HAVE TRAFFIC PATTERNS, WHAT THEY WERE, AND NOT MUCH TRAFFIC AT ALL, AND PEOPLE WHO COMPLAINED ABOUT TRAFFIC I SAID, YOU SHOULD MOVE TO LA. SO I TO ME, I THINK EVERYTHING IS MOVING FINE.

I DRIVE DOWN TAMARACK WHEN I GO FOR A WALK IN THE MORNING, I GO DOWN I TURN RIGHT OR LEFT, DEPENDING ON WHICH WAY I'M GOING TO WALK. I ALSO IF I'M GOING TO GO SOUTH ON COAST HIGHWAY TO ENCINITAS OR ANYWHERE FURTHER SOUTH I'LL I'LL ALSO GO THE SAME WAY.

I HAVE NEVER IN ALL THE TIMES I HAVE TURNED RIGHT OR LEFT ON THE COAST, WHETHER IT'S 7:00 IN THE MORNING DURING THE SUMMER, SO I CAN WALK BEFORE IT GETS HOT, OR WHETHER IT'S 10:00 IN THE WINTER OR WHETHER IT'S 4 OR 05:00 IN THE AFTERNOON, WHETHER IT'S A WEEKDAY OR A WEEKEND. I HAVE NEVER SEEN A PROBLEM.

I HAVE NEVER HAD A PROBLEM TURNING LEFT OR RIGHT.

LET'S SEE. AS FAR AS SPEED, SINCE THERE'S A LIGHT THERE, I DON'T SEE CARS SPEEDING TO MAKE THE LIGHT.

I DON'T EITHER DIRECTION, THERE'S USUALLY OR VERY OFTEN I SEE A POLICE BY THE PATH, BY THAT PATH AROUND THE LAGOON.

WHICH I ALSO THINK IS KIND OF STRANGE BECAUSE THAT'S AN ODD PLACE TO CATCH PEOPLE SPEEDING, SINCE THEY THEY'RE GOING TO SEE A LIGHT AND THEY'RE GOING TO PROBABLY SLOW DOWN BECAUSE I WATCHED CARS AND I SEE THEM SLOW DOWN FOR THE RED LIGHT THERE.

[02:00:03]

OH, YEAH THE OTHER THING WAS THAT YEAH, I JUST I WANT TO KNOW HOW THIS WILL IMPROVE THE QUALITY OF LIFE FOR PEOPLE LIVING IN CARLSBAD. I REALLY, YOU KNOW, I KNOW THE CITY COUNCIL DOES ITS BEST, BUT VERY OFTEN I DON'T THINK THAT THEIR DECISIONS ARE IN THE BEST INTEREST OF THE PEOPLE WHO LIVE HERE. AND THANK YOU FOR LETTING ME SPEAK.

GOOD EVENING. ONE, IT'S A LITTLE CONFUSING TO ME TO PLACE THE ITEM MOST OF THE CITIZENS HERE TO TALK ABOUT AT THE END OF THE AGENDA ITEMS. AND THEN WE WENT ON A BREAK, AND AT TWO HOURS INTO THE MEETING WE'RE TALKING ABOUT THE ITEM THAT EVERYONE IS HERE TO TALK ABOUT.

AND THEN WE ALSO HAD NON-AGENDA ITEMS BEFORE THE AGENDA ITEMS, MAYBE I DON'T UNDERSTAND HOW CITY COUNCIL MEETINGS WORK.

REGARDING THIS AGENDA ITEM. I WENT TO THE WEB PAGE TO LEARN ABOUT THE PROPOSED ACTION.

THERE'S A LITTLE BLURB THERE, IT SAYS SOMETHING ABOUT A PROPOSAL.

I DIDN'T KNOW WHAT THAT WAS. IT WOULD BE HELPFUL IF YOU WOULD PUT A HOT LINK IN THERE SO THAT IF SOMEONE GOES THERE, THEY CAN CLICK ON IT AND GO SEE WHAT THE PROPOSAL IS AND GET ADDITIONAL INFORMATION.

I HOPE YOU MAKE. AND AS FAR AS TONIGHT'S PRESENTATION THAT WAS GREAT.

I HOPE THAT THAT IS AVAILABLE OR IF IT IS OR SOMETHING IF THAT CAN BE MADE AVAILABLE.

I'D LIKE TO BE ABLE TO LOOK AT THAT A LITTLE BIT FURTHER.

I LIVE NEAR KELLEY SCHOOL AND THERE ARE TWO TRAFFIC CIRCLES CONDUCTED WITH NO NOTICE, CONSTRUCTED WITH NO NOTICE TO ADJACENT RESIDENTS.

SO I'M GLAD TO SEE THAT THERE'S PUBLIC NOTICE ABOUT THIS PROPOSED CIRCLE.

ONE OF THE TRAFFIC CIRCLES IS AT HILLSIDE AND CORDOBA.

IT'S JUST A REGULAR. TWO TWO LANES THIS WAY, TWO LANES THIS WAY AND WHAT HAPPENED THEY JUST PLOPPED A CIRCLE RIGHT IN THE MIDDLE.

IT FORCES THE DRIVER OF THE CAR TO ENTER THE CROSSWALK GOING AROUND.

IT'S I DRIVE A HONDA CIVIC. MY FRONT BUMPER GOES INTO THE CROSSWALK WHEN I MAKE THAT CIRCLE, THAT'S A POOR DESIGN. ON HILLSIDE AND KELLY THERE'S A HUGE TRAFFIC CIRCLE THERE.

MY UNDERSTANDING, IT WAS PUT THERE TO PROTECT, YOU KNOW, FOR FOR THE CHILDREN.

THAT CIRCLE FORCES CARS THAT NORMALLY WENT STRAIGHT DOWN KELLY TO GO AROUND THE CIRCLE AND PUTS THEM 10 TO 15FT CLOSER TO THE CROSSWALK THAT SCHOOL SCHOOLCHILDREN USE TO GO TO AND FROM SCHOOL.

I WENT TO THE I FOUND SOMETHING THAT I THINK MIGHT BE THE DESIGN FOR THAT.

AND IT SHOWED THE CROSSWALKS ON HILLSIDE BEING MOVED UP IN THE CROSSWALK ON KELLY BEING MOVED BACK, THAT NEVER HAPPENED, THE CROSSWALK IS STILL THERE.

CROSSWALK. SO THAT CIRCLE IS FORCING CARS TO GO CLOSER TO THE SCHOOL CHILDREN THAT SUPPOSEDLY WAS PUT THERE TO PROTECT THE CHILDREN. SO I HOPE THAT SOME OF THESE ISSUES ARE ADDRESSED IN THE PROPOSAL THAT WE'RE TALKING ABOUT FOR THIS CROSSWALK HERE. THANK YOU. CHRIS WR IGHT.

THANK YOU. I'M GOING TO NEED A DEVICE TO CHANGE THE SLIDES.

PLEASE TRY IF THAT DOESN'T WORK FOR YOU. ALL RIGHT.

THANK YOU. GOOD EVENING. I WOULD LIKE TO DISCUSS THIS PROJECT FROM A FINANCIAL PERSPECTIVE. MY HOPES ARE THAT AFTER THIS FINANCIAL REVIEW THAT YOU WILL BE CONVINCED TO VOTE FOR OPTION THREE.

THE TITLE OF THIS CAPITAL IMPROVEMENT PROJECT AND SANDAG GRANT APPLICATION IS, QUOTE, CARLSBAD BOULEVARD AND TAMARACK AVENUE PEDESTRIAN IMPROVEMENT PROJECT AS LISTED FROM THE CAPITAL IMPROVEMENT PROGRAM ON THE CITY WEBSITE.

THIS CIP IS FUNDED FROM THE SANDAG ACTIVE TRANSPORTATION PROGRAM GRANT OF $1.05 MILLION, PLUS $750,000 FROM THE CARLSBAD GAS TAX FUND, TO BE COMPLETED BY MID 2019. OVER THE PAST DECADE, THOUGH, THE PROJECT BALLOONED TO $19 MILLION AND INCLUDED A ROUNDABOUT AS LISTED IN OPTION ONE.

[02:05:01]

OPTION THREE RETURNS THE PROJECT BACK TO PEDESTRIAN FOCUS OF $2 MILLION, WHICH HAS A SHORT CONSTRUCTION TIMELINE AND A REASONABLE COST.

IT IS THE ORIGINAL INTENT OF THE PROJECT. IN 2023, THE COUNCIL VOTED TO LOOK AT THE TRAFFIC DATA COLLECTED OVER FIVE MONTHS FROM THE ROUNDABOUT AT CANNON ROAD TO USE AS A TEMPLATE FOR THE TAMARACK OPTION ONE ROUNDABOUT.

THE CANNON ROAD ROUNDABOUT IS EXPECTED TO BE COMPLETE BY 2028, THUS REQUIRING AN EXTENSION OF THE SANDAG GRANT AGAIN IF OPTION ONE IS CHOSEN. PERSONALLY, I'D LIKE TO SEE THE CANNON ROAD ROUNDABOUT GO AWAY TOO.

IF THE COUNCIL VOTES FOR OPTION THREE, THEN THE FUNDING IS LIKELY AVAILABLE TO IMPROVE THE INTERSECTION.

IF THE COUNCIL VOTES FOR OPTION ONE OR TWO, IT IS POSSIBLE THAT THE REMAINING $17 MILLION WOULD COME OUT OF THE GENERAL FUND AND OUR POCKETBOOKS, WHICH WOULD TRIGGER A PROP H VOTE. THE SANDAG GRANT IS IMPORTANT FOR THIS PROJECT BY DELAYING, AS STATED UNDER OPTION ONE AND TWO, WE ARE RISKING A NO VOTE FROM SANDAG TO CONTINUE THEIR PORTION OF THE GRANT, THEN OUR CITY WOULD BE STUCK WITH THE ENTIRE COST OF THE PROJECT THAT MANY OF US DO NOT WANT.

IN THIS CERTAIN FINANCIAL CLIMATE, UNCERTAIN FINANCIAL CLIMATE, WE SHOULD BE WISE IN OUR EXPENDITURES.

THIS IS A CIP TO IMPROVE PEDESTRIAN ACCESS TO THE BEACH AND NOT TO CREATE ANOTHER ROUNDABOUT.

PLEASE VOTE FOR OPTION THREE. THANK YOU. HOPE NELSON FOLLOWED BY SUNNY BLENDE.

HI EVERYBODY I'M HOPE NELSON, BY THE WAY. IN 2023 AT A PRESENTATION ON THIS ISSUE, I WAS APPALLED WHEN A CITY TRAFFIC ENGINEER, ONE WHO WOULD ASSUME IS A TRAFFIC EXPERT, SAID THAT A ROUNDABOUT AT TAMARACK AND CARLSBAD BOULEVARD WOULD ACCOMMODATE WALKERS SAFELY BECAUSE DRIVERS AND WALKERS MAKE EYE CONTACT, AND THAT WOULD MAKE WALKERS SAFE.

ADMITTEDLY, I'M NOT A TRAFFIC ENGINEER, BUT I FOUND THE COMMENT WELL, LET ME JUST SAY THE LAST I LOOKED, YOU CAN'T SEE EYES PAST SUNGLASSES. AS A LAYPERSON, I CAN'T IMAGINE THAT A ROUNDABOUT AT TAMARACK AND CARLSBAD BOULEVARD WOULD PROVIDE MORE SAFETY THAN A SIGNAL, AND IN FACT, CONSIDERABLY LESS, PARTICULARLY FOR PEDESTRIANS.

SO HOW IMPORTANT IS PEDESTRIAN SAFETY TO YOU? THE TAMARACK CROSSING ACCOMMODATES MANY GROUPS OF PEDESTRIANS, CROSSING NOT JUST 1 OR 2 ADULTS AT A TIME, BUT FAMILIES WITH CHILDREN IN TOW, MOMS AND DADS PUSHING STROLLERS AND LADEN WITH BEACH TOYS AND COOLERS.

NOT ONLY LOCALS, BUT VISITING FAMILIES 4 OR 5 IN A GROUP, THIS IS SIMPLY NOT IDEAL FOR A ROUNDABOUT, AND I SERIOUSLY DOUBT THIS IS THE KIND OF FOOT TRAFFIC THAT A ROUNDABOUT IS DESIGNED FOR.

IF WE'RE LOOKING AT SAFETY, PLEASE CONSIDER THE PEDESTRIAN TRAFFIC AND SAFETY.

NOT ONE TO MISS AN OPPORTUNITY, I'LL ADD IF YOU'RE CONCERNED ABOUT POLLUTION, YOU CAN LOOK AT THE AIRPORT AND REALIZE THAT THAT'S NOT CONSIDERED UNDER ANY CLIMATE ACTION PLAN. THOUGH I'M NOT THRILLED WITH A ROUNDABOUT AT CANNON AND CARLSBAD BOULEVARD.

THE PEDESTRIAN TRAFFIC AT TAMARACK IS MOST CERTAINLY IMPACTED DIFFERENTLY THAN CANNON.

THE DIFFERENTIATING DIFFERENTIATING FACTOR IS THE BEACH ACCESS FOR BOTH PEDESTRIANS AND AUTOS.

FOR SOME REASON, WHEN THE COUNCIL HEARD THE ISSUE REGARDING A ROUNDABOUT AT TAMARACK, IT WAS CONTINGENT UPON EVALUATING THE FIRST SIX MONTHS OF SERVICE AT THE NOT YET BUILT CANNON ROUNDABOUT. BUT I BELIEVE EVEN THE IDEA OF THAT IS FLAWED DUE TO THE DISSIMILARITY DISSIMILARITIES OF THE TWO INTERSECTIONS. PLEASE CONSIDER MY COMMENTS. CONSIDER OVERALL SAFETY AND VOTE FOR OPTION THREE.

SUNNY BLENDE. HI MAYOR AND CITY COUNCIL MEMBERS. MY NAME IS SUNNY BLENDE, AND I'M A RESIDENT OF CARLSBAD, NEAR THE INTERSECTION OF CARLSBAD BOULEVARD AND TAMARACK.

[02:10:04]

WHERE AT THAT MEETING, IT WAS DECIDED TO WAIT UNTIL AFTER THE ROUNDABOUT AT CANNON WAS COMPLETED AND STUDIED FOR FIVE MONTHS BEFORE A DECISION WAS MADE TO MOVE FORWARD WITH CONSTRUCTION OF A ROUNDABOUT AT TAMARACK AND GARFIELD AND CARLSBAD BOULEVARD.

I FEEL THAT A DECISION WAS MADE THAT WAS AGREEABLE TO BOTH PRO AND CON MEMBERS OF THE COMMUNITY.

I HOPE THIS ITEM WILL NOT BE RUSHED THROUGH A VOTE FOR A ROUNDABOUT TO SAVE $450,000 OF A GRANT WHEN THE PROJECT IS PROJECTED TO COST AT LEAST $19 MILLION.

IT SEEMS THAT IF WE PUSH FOR A ROUNDABOUT APPROVAL NOW, WE HAVE TO WAIT UNTIL 2028 PLUS FIVE MONTHS, THEN SEE WHAT THE CANNON ROUNDABOUT HAS PROVIDED.

AND AT THAT TIME, THEN WE MAY SAY, WELL, IT DOESN'T WORK AT ALL, SO WE'RE NOT GOING TO DO THIS NOW.

WE'VE LOST THE $455,000 THAT APPROVAL OF NUMBER THREE WOULD MAKE.

THANK YOU. STEVE LINKE. AND, STEVE, I NEED TO VERIFY THAT YOUR GROUP IS PRESENT.

SO IF THEY COULD RAISE THEIR HAND. DONNA LYONHAND, DIANE BEDROSSIAN.

SURE. SOME OF THEM ARE SITTING OUTSIDE. ROSEANNE BENTLEY.

MARTIN DANNER. MARTIN HAD TO LEAVE AT 7:00. THERE'S STILL 3 OR 4, THOUGH.

OKAY. OKAY.

GOOD EVENING, STEVE LINKE, CARLSBAD. NEXT SLIDE PLEASE.

CONSISTENT WITH MANY OTHER INSIGHTFUL COMMENTS YOU'VE RECEIVED, YOU SHOULD VOTE THIS EVENING FOR OPTION NUMBER THREE, WHICH RETURNS TO THE PEDESTRIAN FOCUS AT MUCH LOWER COST.

A SHORT CONSTRUCTION TIMELINE AND CERTAINTY, WHICH IS WHAT SANDAG WANTS TO SEE.

THIS WILL MAXIMIZE THE LIKELIHOOD OF KEEPING THE GRANT MONEY.

AND THE LARGER VERSIONS OF THESE DISCRETIONARY PROJECTS WITH THEIR LARGE BUDGETS CAN CAN WAIT.

NEXT SLIDE PLEASE. AT YOUR LAST MEETING ON THIS TOPIC ON JULY 18TH, 2023, STAFF RECOMMENDED OPTION NUMBER ONE, THE ROUNDABOUT. AT THAT TIME, I PROVIDED CAUTIONARY COLLISION DATA FROM THE STATE STREET ROUNDABOUT IN CARLSBAD, AS WELL AS A COUPLE ON LEUCADIA BOULEVARD AND ENCINITAS AT HYMETTUS AND HERMES.

YOU ENDED UP CHOOSING THE ROUNDABOUT AT TAMARACK, BUT MAKING THAT CONDITIONAL ON FIRST COLLECTING FIVE MONTHS OF DATA FROM THE ROUNDABOUT AT CANNON. TONIGHT, I'M GOING TO PROVIDE EVEN MORE ALARMING UPDATED DATA FROM THE COMPLETED ROUNDABOUTS, INCLUDING THE NEWEST ONE AT EL PORTAL IN ENCINITAS.

NEXT SLIDE PLEASE. THE STATE STREET ROUNDABOUT IN CARLSBAD, PICTURED HERE, HAS BEEN IN OPERATION FOR ABOUT 11 YEARS NOW SINCE ABOUT MAY 2014. NEXT SLIDE. IN 2023, I SHOWED DATA FROM THE CARLSBAD LOCAL ROADWAY SAFETY PLAN, WHICH ANALYZED CITYWIDE COLLISION DATA IN THE FIVE YEAR WINDOW FROM 2015 TO 2019.

NOTE THAT ALL OF THE DATA I'M GOING TO PRESENT TONIGHT REPRESENT COLLISIONS THAT WERE SIGNIFICANT ENOUGH TO GENERATE POLICE REPORTS AND WERE INCORPORATED INTO THE DATABASE THAT WAS USED BY THE CONSULTANT WHO DID THE LRSP. NEXT SLIDE, PLEASE.

IN THIS TABLE FROM THE LRSP REPORT, THE RED BOX SHOWS THAT THE STATE STREET ROUNDABOUT HAD THE THIRD HIGHEST NUMBER OF COLLISIONS IN CARLSBAD, MULTIPLE ONES INVOLVING PEDESTRIANS AND BIKES.

THE ONLY INTERSECTIONS THAT WERE HIGHER ON THIS LIST WERE PALOMAR AIRPORT ROAD AT EL CAMINO REAL AND MELROSE DRIVE, WHICH CARRIES SUBSTANTIALLY MORE TRAFFIC. NEXT SLIDE PLEASE.

IN THIS OTHER TABLE FROM THE LRSP SHOWS THAT WHEN ACCOUNTING FOR TRAFFIC VOLUMES, THE STATE STREET ROUNDABOUT HAD BY A VERY WIDE MARGIN, THE HIGHEST COLLISION RATE OF ALL CARLSBAD INTERSECTIONS.

NEXT SLIDE PLEASE. OKAY. SO HERE'S THE UPDATE.

USING THE SAME METHODOLOGY AND DATABASES THAT THE CONSULTANT USED TO CREATE THE LRSP IN THE MOST RECENT FIVE YEAR WINDOW FROM 2020 TO 2024.

THE 28 TOTAL COLLISIONS AT THE ROUNDABOUT WAS NEARLY DOUBLE THE NUMBER OF THE PREVIOUS FIVE YEAR PERIOD IN THE LRSP.

AND WHEN THE ROUNDABOUT ALREADY HAD THE HIGHEST COLLISION RATE IN CARLSBAD.

THE NUMBER OF PEDESTRIAN AND BIKE INVOLVED COLLISIONS ALSO DOUBLED.

AND THERE WERE TWO WITH SEVERE INJURIES IN THIS LATEST TIME PERIOD.

[02:15:03]

OKAY. NOW A COMPARISON OF THE TAMARACK AVENUE AND STATE STREET INTERSECTIONS.

BASED ON COUNTS FROM CARLSBAD'S ACTIVE TRANSPORTATION PROGRAM PEAK DAILY VOLUMES OF VEHICLES AND BICYCLES ARE SIMILAR, ALTHOUGH I BELIEVE THE CUMULATIVE VOLUMES ARE QUITE A BIT HIGHER AT TAMARACK.

NOTE IN PARTICULAR THAT THE PEDESTRIAN VOLUMES ARE OVER 10 TIMES HIGHER AT TAMARACK, AND YOU CAN'T SEE IT BECAUSE THE CLOCK IS IS IS OVER TOP OF IT.

BUT STATE STREET. THANK YOU. IS ONLY 325 PEDESTRIANS, WHEREAS TAMARACK IS ALMOST 4,000.

NEXT SLIDE PLEASE. SO HERE'S A SUMMARY OF THE COLLISIONS AT THE TWO INTERSECTIONS STARTING IN MAY 2014 WHEN THE ROUNDABOUT WENT INTO OPERATION, WHICH I WILL NOW STEP THROUGH. NEXT SLIDE PLEASE.

SO FIRST THERE WERE 49 COLLISIONS AT THE STATE STREET ROUNDABOUT, 3.8 TIMES MORE THAN THE TRAFFIC SIGNAL AT TAMARACK.

THAT AVERAGES TO 4.5 COLLISIONS PER YEAR, COMPARED TO LESS THAN ONE PER YEAR PRIOR TO STATE STREET'S CONVERSION TO A ROUNDABOUT.

NEXT SLIDE PLEASE. THE MORE DANGEROUS BROADSIDE HEAD ON AND OVERTURNED COLLISIONS WERE 4 TIMES HIGHER AT THE ROUNDABOUT.

NEXT SLIDE PLEASE. THERE WERE 7 BICYCLE AND PEDESTRIAN INVOLVED COLLISIONS AT THE ROUNDABOUT, COMPARED TO 3 BICYCLE INVOLVED AT TAMARACK, EVEN THOUGH THE NON-VEHICLE MODE TRAFFIC IS MUCH HEAVIER AT TAMARACK THAN STATE STREET.

NEXT SLIDE PLEASE. AND THERE WERE 22 INJURY COLLISIONS AT THE ROUNDABOUT, 3.1 TIMES HIGHER THAN TAMARACK, WITH A SIGNAL WITH 10 OF THEM RESULTING IN INTERMEDIATE OR SEVERE INJURIES COMPARED TO JUST TWO AT TAMARACK.

THE REMAINDER WERE MINOR INJURIES WITH NO FATALITIES AT EITHER INTERSECTION.

NOTABLY, THERE WERE 3 SEVERE INJURIES AT THE ROUNDABOUT, COMPARED TO 0 AT TAMARACK.

NOW MIX IN NEARLY 4,000 PEDESTRIAN ON PEAK DAYS AT TAMARACK AND THIS IS A RECIPE FOR DISASTER.

NEXT SLIDE PLEASE. NOW LET'S TURN TO THE NEW EL PORTAL ROUNDABOUT IN ENCINITAS, WHICH HAS BEEN IN OPERATION SINCE JULY 2022.

SO WE NOW HAVE TWO AND A HALF YEARS OF COLLISION DATA THERE, WHICH WEREN'T AVAILABLE AT THE LAST MEETING WHEN I PRESENTED IN 2023.

NEXT SLIDE PLEASE. IN THE 11 YEAR PERIOD BEFORE CONVERSION TO A ROUNDABOUT, THE EL PORTAL INTERSECTION HAD JUST ONE COLLISION INDUSTRY IN ONE COLLISION WITH NO INJURY. HOWEVER, AFTER CONVERSION TO A ROUNDABOUT, ALONG WITH A REDUCTION IN THE SPEED LIMIT ON COAST HIGHWAY TO 25MPH, THERE HAVE BEEN OVER 17 COLLISIONS IN JUST THAT TWO AND A HALF YEAR PERIOD.

THAT IS AN ALARMING 7 PER YEAR, INCLUDING 2 MINOR, THREE INTERMEDIATE AND 2 SEVERE INJURIES.

THESE ASTRONOMICALLY HIGH NUMBERS IMMEDIATELY LAUNCHED THAT ROUNDABOUT TO THE HIGHEST COLLISION AND INJURY RATE INTERSECTION IN ENCINITAS, BASED ON A COMPARISON TO THEIR LOCAL ROADWAY SAFETY PLAN.

NEXT SLIDE PLEASE. HERE IS A PAGE FROM A FEBRUARY 2025 ENCINITAS CITY COUNCIL STAFF REPORT SHOWING THE COLLISION IN A DIAGRAM AT THE EL PORTAL ROUNDABOUT. THIS CAME WITH A RECOMMENDATION TO ADD RUMBLE STRIPS AND A SERIES OF 20 CRASH RATED BOLLARDS AROUND THE PERIMETER OF THE ROUNDABOUT TO HELP PREVENT VEHICLES FROM LEAVING THE CIRCLE AND CAUSING DAMAGE TO PROPERTY AND LIFE IN THE SURROUNDING AREAS.

NEXT SLIDE PLEASE. AND FINALLY THIS SHOWS THE ROUNDABOUTS AT HERMES AND HYMETTUS WITH 16 COLLISIONS EACH BETWEEN 2011 AND 2024, COMPARED TO SEVEN AT THE FOUR WAY STOP AT HYGEIA.

BETWEEN THEM, THE HYGEIA INTERSECTION APPARENTLY CARRIES ABOUT TWICE THE TRAFFIC, SO THE COLLISION RATES AT THE ROUNDABOUTS ARE ACTUALLY LIKELY OVER FOUR TIMES HIGHER.

I NOTE THAT THE INJURY RATES WERE NOT SIGNIFICANTLY DIFFERENT AT ANY OF THESE INTERSECTIONS, BUT THERE WERE MANY MORE PROPERTY DAMAGE COLLISIONS AT THE ROUNDABOUTS, WITH MANY DOCUMENTED CASES OF VEHICLES TAKING OUT SIGNS, LIGHT POLES, AND OTHER OBJECTS, WHICH IS A COMMON TOPIC IN TRAFFIC COMMISSION AND COUNCIL MEETINGS. NEXT SLIDE PLEASE. HERE'S AN EXAMPLE OF SOME GENERIC SAFETY CLAIMS THAT ARE CITED WHEN PROMOTING ROUNDABOUTS, SUCH AS A 35% REDUCTION IN ALL CRASHES AND A 67% REDUCTION IN INJURIES.

BUT THE REALITY IN NORTH COUNTY IS VERY DIFFERENT BASED ON THE DATA, I'VE BEEN SHOWING 200 TO 400% INCREASES IN OVERALL CRASHES, DANGEROUS CRASHES, INJURY CRASHES, AND SEVERE INJURIES.

NEXT SLIDE PLEASE. SO IN SUMMARY, THE STATE AND EL PORTAL STREET ROUNDABOUTS ON HIGHWAY 101 HAVE THE HIGHEST COLLISION RATES IN THEIR RESPECTIVE CITIES, AS WELL AS SOME OF THE HIGHEST INJURY RATES. THE STUDIES BEHIND THE MARKETING SHOWN IN THE LAST SLIDE PROMOTING ROUNDABOUTS, SHOW AROUND 1 OR 2 POLICE REPORT COLLISIONS PER YEAR.

BY COMPARISON, IN 2024, THESE TWO ROUNDABOUTS HAD A RECORD EIGHT COLLISIONS, EACH WITH MULTIPLE BIKE INVOLVED CRASHES AND THREE SEVERE INJURY CRASHES.

YET, STAFF HAS CHARACTERIZED THE STATE STREET ROUNDABOUT AS ONE OF THE BEST PERFORMING IN CARLSBAD.

THAT PERFORMANCE STANDARD CANNOT BE APPLIED TO THE FUTURE CANNON ROAD ROUNDABOUT TO DECIDE ON TAMARACK.

[02:20:05]

OKAY LAST SLIDE. SO I ENCOURAGE YOU TO VOTE FOR OPTION THREE TO MAXIMIZE THE LIKELIHOOD OF KEEPING THE SANDAG GRANT FUNDS.

AND ALSO RECONSIDER ANY LONGER TERM OPTION FOR A SINGLE LANE ROUNDABOUT AT TAMARACK AVENUE WITH ITS VERY HIGH VOLUMES OF VEHICLES, PEDESTRIANS AND BICYCLES. THANK YOU. KATHLEEN STEINBERGER.

GOOD. CAN YOU HEAR ME? YEAH. GOOD EVENING, MAYOR BLACKBURN AND CITY COUNCIL MEMBERS.

THANK YOU FOR THE OPPORTUNITY TO TO SPEAK ON THIS ITEM NINE, IN A PUBLIC FORUM.

I REVIEWED MANY OF THE PUBLIC COMMENT LETTERS RESPONDING TO THE PROPOSED ALTERNATIVES FOR THE INTERSECTION AT TAMARACK AND CARLSBAD BOULEVARD.

THE COMMENT LETTERS WERE OVERWHELMINGLY OPPOSED TO THE PROPOSED $19 MILLION ROUNDABOUT.

I HAVE MANY CONCERNS ABOUT THE PROPOSED ROUNDABOUT SAFETY, COST, REDUCING THE LANES ON CARLSBAD BOULEVARD, CONGESTION, PEDESTRIAN SAFETY, BIKE SAFETY AT THIS BUSY INTERSECTION.

I AM ALSO CONCERNED THAT THIS PROJECT DOESN'T TAKE INTO CONSIDERATION THE FUTURE CHALLENGES OF THE STATE PARK'S PARKING LOT REGARDING FLOODING AND INUNDATION DUE TO SEA LEVEL RISE, AND THE LOSS AND OR FREQUENT CLOSURE OF THE PARKING LOT IF IT REMAINS IN ITS CURRENT CONFIGURATION.

AND I DO HAVE A QUESTION. IS THERE A MASTER PLAN FOR CARLSBAD BOULEVARD FROM BUENA VISTA LAGOON TO LA COSTA AVENUE? I WOULD LIKE TO I, I BELIEVE IT MAKES SENSE THAT THERE WOULD BE A MASTER PLAN FOR THIS ROADWAY.

CAN WE AS CITIZENS BE PART OF THE DECISION MAKING PROCESS FOR THE RECONFIGURATION OF THE ROAD, PROVIDING PUBLIC ACCESS TO OUR BEACHES? IS IF PUBLIC OUTREACH WAS DONE PREVIOUSLY A LOT OF TIMES IT'S DONE FIVE YEARS, TEN YEARS AGO, AND THEN THAT'S USED AS THE JUSTIFICATION FOR PROJECTS.

WE NEED TO UPDATE THE PUBLIC OUTREACH IN A MORE EFFICIENT MANNER.

SEVERAL YEARS AGO, STAFF RECEIVED A CALIFORNIA COASTAL CONSERVANCY CLIMATE READY GRANT FOR SOUTH CARLSBAD BOULEVARD TO PROACTIVELY PLAN FOR INUNDATION BY WAVES AND ROCKS TO AVOID SECTIONS OF CARLSBAD BOULEVARD BEING CLOSED UP TO 40 DAYS A YEAR IN THE IN THE 2030S.

THAT PROJECT IS NOW IN LIMBO WITH THE EXCUSE THAT IT WILL COST TOO MUCH.

THIS EXPENSIVE PROJECT AT TAMARACK, AS WELL AS CANNON ROAD, IS AN UNNECESSARY PET PROJECT THAT WE CANNOT AFFORD.

LET'S PUT OUR RESOURCES INTO PLANNING FOR THE FUTURE CLIMATE RESILIENCE WE WILL NEED WITHIN THE NEXT TEN YEARS TO PROTECT CARLSBAD BOULEVARD AND OUR PUBLIC ACCESS TO THE BEACH. PLEASE DIRECT STAFF TO PURSUE OPTION THREE.

THANK YOU FOR YOUR CONSIDERATION. THAT CONCLUDES OUR SPEAKERS.

QUESTIONS FROM COUNCIL? MR. SHIN. THANKS, TOM, FOR THE UPDATE.

AND THANKS FOR TAKING A LOT OF THE HEAT, BECAUSE A LOT OF THESE THINGS END UP YOUR WAY, AND SOMETIMES YOU LOOK LIKE THE BOOGEYMAN, BUT I KNOW YOU'RE NOT. AND WHEN WE TALK, YOU'RE ONE OF THE MOST COMPETENT, THOROUGH INDIVIDUALS THAT I KNOW THAT THAT LIKES TO BE VERY PRAGMATIC ABOUT THESE CHOICES.

SO I'LL START WITH THAT. I'VE GOT QUESTIONS THAT WILL PROBABLY LEAD INTO, LIKE THE OPTION THAT I WANT TO CONSIDER, BUT I'M GOING TO THROW A SOFTBALL ONE AT YOU.

THAT BUS STOP THAT IS PRESENTED THAT'S IN A REALLY AWKWARD LOCATION.

ARE WE JUST ALL CONFIRMING THAT THAT NO MATTER WHAT WE DO, WE'RE GOING TO MOVE THAT GUY EVENTUALLY TO A PLACE THAT'S A LITTLE BIT MORE SAFER? THAT'S CORRECT. COUNCIL MEMBER. OKAY. THAT'S THE EASY ONE.

OKAY. SO AS A ROUNDABOUT, IT SEEMS TO BE QUITE PERMANENT IN NATURE.

SO IF WE WERE TO CHOOSE OPTION ONE OR TWO OR THREE, WE CAN ALWAYS REVISIT OPTION ONE AS A ROUNDABOUT.

IS THAT CORRECT. AS OPPOSED TO IF WE GO TO OPTION ONE TO TRY TO SCALE IT BACK DOWN TO SOMETHING, IF WE JUST ASSUME IT WAS A MISTAKE OR WHATNOT, THAT WOULD THAT WOULD BE QUITE COST IMPERATIVE.

YES. ONCE A ROUNDABOUT IS IN PLACE, IT WOULD BE MUCH MORE EXPENSIVE AND IMPACTFUL UPON THE COMMUNITY TO GO FROM A ROUNDABOUT BACK TO A TRAFFIC SIGNAL.

OKAY. I'M JUST TRYING TO FACTOR IN FROM COST TO, LIKE, LOGISTICS OF ALL OF THIS.

SO IT WAS KIND OF STATED THROUGH ONE OF THE SPEAKERS, BUT DURING HIGH PEDESTRIAN CROSSINGS CAN YOU DESCRIBE LIKE HOW THE COORDINATION OCCURS

[02:25:06]

YES. SO, SO JUST TO CLARIFY YOUR QUESTION, YOU'D LIKE AN EXPLANATION ON HOW THE INTERFACES BETWEEN THE VEHICLES AND THE PEDESTRIANS AT ROUNDABOUTS.

YES. AND SO AS A SPEAKER ALLUDED TO, WHEN WHEN A PEDESTRIAN APPROACHES A CROSSWALK AT A, AT A ROUNDABOUT AND ACTUALLY I COULD PROBABLY GO TO A SLIDE TO HELP ILLUSTRATE THIS ISSUE. SO ONE SECOND, PLEASE.

OKAY. OKAY. SO HERE'S A GRAPHIC SO YOU CAN SEE LET ME SEE ON THE CORNERS.

SO IF YOU ENVISION THE PEOPLE BY [INAUDIBLE] RESTAURANT STANDING THERE TALKING, IF THEY DECIDED THEN TO MOVE SOUTHBOUND TO THAT CROSSWALK, THEY WOULD THEN STOP AND SEE IF THERE'S A GAP SO THAT THEY COULD EITHER ONE MAKE IT ACROSS THAT 12 TO 14 FOOT SPACE TO THE CENTER SPLITTER ISLAND.

IF THERE WAS A CAR, LET'S JUST SAY THAT THEY WERE ABOUT READY TO CROSS RIGHT WHEN THAT RED CAR IS AT THE CURRENT POSITION, THEY WOULD LOOK TOWARDS THE DRIVER, MAKE EYE CONTACT, SEE IF THEY DO HAVE THE RIGHT OF WAY, BUT YOU DO NOT WANT TO STEP IN FRONT OF A OF A EVEN A 15 TO 20 MILE AN HOUR CAR.

SO YOU WOULD GAUGE TO SEE IF THEY ARE GOING TO STOP FOR YOU.

IF THEY ARE NOT GOING TO STOP, YOU WOULD THEN LET THEM PASS.

EITHER SEE IF YOU HAVE A GAP, OR THEN IF ANOTHER CAR IS APPROACHING, MAKE EYE CONTACT, SEE IF THEY WILL SLOW DOWN.

SO WE HEARD IF THEY HAVE SUNGLASSES OR LET'S SAY THEY'RE BLIND.

WHAT WOULD THEY DO IN THAT CIRCUMSTANCE? WHEN THEY HAVE SUNGLASSES, YOU'RE STILL LOOKING UP SO YOU CAN STILL ENGAGE WITH THE CAR AND SEE IF THEY'RE SLOWING.

AGAIN, YOU YOU DO NOT WANT TO STEP IN FRONT OF A MOVING CAR AT 15 TO 20 MILES AN HOUR.

SO THAT'S WHAT THE SUNGLASSES WITH THE SIGHT IMPAIRED WHETHER THEY HAVE A SEEING EYE DOG OR A CANE, THEY USE OTHER SENSES, SUCH AS SOUND. THEY CROSS OTHER INTERSECTIONS, NOT AT ROUNDABOUTS, THE SAME FASHION THEY USE THEIR OTHER SENSES TO CROSS AT THOSE LOCATIONS, INCLUDING THEIR CANE OR A SEEING EYE DOG.

SO IT'S RELATIVELY THE SAME THING. WHAT THE ROUNDABOUT PROVIDES AS FAR AS A SAFETY FEATURE FOR WHEN THEY ARE CONSTRUCTED AND IN THE RIGHT LOCATION AND SUPPORTED BY THE POLICYMAKERS AND THE PUBLIC, IS IT SLOWS TRAFFIC AND SLOWING TRAFFIC HAS A GREAT IMPACT ON THE SAFETY OF INTERSECTIONS.

OKAY. AND THEN THIS IS ONE OF MY CONCERNS, ACTUALLY, JUST WITH THE ROUNDABOUT MORE THAN ANYTHING, IS THAT FROM THE PARKING LOT HEADING EASTBOUND, ONCE YOU ENTER THE ROUNDABOUT SO IT SEEMS LIKE THERE'S GOING TO BE A LINE OF SIGHT ISSUE THAT MAY TAKE PLACE. SO AS YOU'RE GOING UPWARDS, ALL YOU'RE SEEING IS KIND OF DAYLIGHT AND YOU'RE NOT REALLY SEEING THAT SURFACE YET UNTIL YOU'VE HIT A CERTAIN SPEED. NOW YOU'RE ALSO IN THE FLAT AND NOW YOU'RE SUPPOSED TO ALSO ENTER THE TRAFFIC CIRCLE WITH PEDESTRIANS POSSIBLY WATCHING.

SO HOW ARE YOU GOING TO MAKE HOW ARE YOU GOING TO MAKE THAT EYE CONTACT FROM THAT LEVEL? I DON'T KNOW, I DIDN'T SEE, LIKE, YOU KNOW, THE ACTUAL SPECS OF, LIKE, HOW MANY FEET ACROSS OR WHATNOT.

I JUST FEEL LIKE AS YOU'RE REVVING UP TO SPEED AND YOU'RE JUST TRYING TO MAKE THE HILL, NEXT THING YOU KNOW, YOU'VE GAINED SO MUCH MOMENTUM, NOW YOU'RE KIND OF LIKE PUNCHING IT INTO THE THE TRAFFIC CIRCLE.

DID WE CREATE SOMETHING TO TO MITIGATE THAT RISK? YEAH, WE WOULD DESIGN TO HIGHWAY DESIGN STANDARDS.

SO WE WOULD ADDRESS THOSE LINE OF SIGHT ISSUES IF WE DID PURSUE THE THE ROUNDABOUT OPTION.

WITH THE OTHER OPTIONS AS YOU KNOW, THERE'S A RIGHT TURN LANE THERE CURRENTLY.

SO WITH OPTION THREE WE'RE GOING TO LOOK AT THE NECESSARY GRADING IN ORDER TO ESTABLISH THAT ADA PATHWAY ACROSS THAT, THAT LANE. BUT WE DO LOOK AT THE HIGHWAY DESIGN GUIDELINES IN ORDER TO MAKE SURE THAT WE HAVE ADEQUATE LINE OF SIGHT.

OKAY. WHAT I LEAN TOWARDS OPTION TWO. AND ONE OF THE REASONS WHY IS WHEN WE TALK ABOUT CROSSWALKS, I'VE SURFED THERE A LOT, AND SOMETIMES I HAVE TO PARK ON THE SOUTHEAST CORNER AND THEN TRY TO GET DOWN THE HILL, THAT MEANS I HAVE TO CROSS THREE TIMES IN ORDER TO JUST FINALLY GET TO GOING DOWNHILL OR TWICE.

SO I KNOW WE'VE NEVER HAD THAT SOUTH END CROSS OVER CARLSBAD BOULEVARD.

IS THERE A REASON WHY WE DIDN'T? AND THEN CLEARLY OPTION TWO IS GOING TO ALLEVIATE THAT.

SO THEN PEOPLE DON'T HAVE TO TAKE MULTIPLE TRIPS ACROSS WHEN THEY'RE TRYING TO MAKE THAT DESTINATION.

I SEE THERE'S, THERE'S TWO ISSUES WITH, WITH INSTALLING A CROSSWALK AT THAT LOCATION CURRENTLY.

ONE IS ADA PATHWAY. SO AS YOU KNOW, WE DON'T CURRENTLY HAVE AN ADA PATHWAY ON THE NORTH SIDE OF THAT DRIVEWAY. BUT THERE IS A PATHWAY, THERE IS A PEDESTRIAN PATHWAY, IT'S JUST NOT ADA.

[02:30:05]

THAT'S ONE ISSUE IS THE ADA ISSUES. THE SECOND IS THE IMPACT ON THE OPERATIONS FROM A TRAFFIC STANDPOINT.

BY ADDING THAT ADDITIONAL LEG OF OF A PEDESTRIAN CROSSING, IT WOULD GREATLY IMPACT THE THE EFFICIENCY OF THE TRAFFIC SIGNAL OPERATION.

OKAY. AND PROBABLY LAST LIKE WE WE JUST HEARD A, A RESIDENT MAKE AN ANALYSIS ON OUR SAFETY DATA FROM PRIOR TO HEAD AND THEN COMPARATIVE ANALYSIS TO OTHER CITIES. DO WE HAVE ONE THAT THAT WE'VE CREATED OR CAN WE GET ONE? SIR, WE WE DO. OUR POLICE DEPARTMENT HAS QUARTERLY REPORTS AT OUR TRAFFIC SAFETY AND MOBILITY COMMISSION, AND THEY DO A GREAT JOB OF PROVIDING DATA TO THE COMMISSION.

AND WE HAVE A VERY ACTIVE COMMISSION, SO THEY ASK A LOT OF QUESTIONS.

STAFF HAS ALSO LOOKED AT THE PERFORMANCE OF THE STATE STREET AND CARLSBAD BOULEVARD ROUNDABOUT.

AND SO JUST TO PROVIDE A LITTLE CONTEXT ON THAT, BECAUSE YOU DID HEAR FROM A SPEAKER ON THIS SUBJECT.

SO ABOUT THAT, INTERSECTION HANDLES ABOUT 15 TO 18,000 TRIPS PER DAY.

SO IF YOU PROJECT THAT ON THE LOW SIDE TO AN ANNUAL TRIPS IN THAT INTERSECTION, YOU'RE LOOKING AT OVER 5 MILLION, ACTUALLY 5,400,000 TRIPS PER YEAR. SO WE STUDIED THIS DATA AS WELL.

AND THERE WAS 50 OR 58 COLLISIONS AT THAT INTERSECTION.

AND AND WHAT THE SPEAKER DIDN'T ALLUDE TO AND WHAT'S SHOWN ON THE ON THIS GRAPHIC IS THAT 53% OF THE OF THE COLLISIONS AT THAT ARE UNDER THE INFLUENCE. SO WHAT WE FIND IF YOU LOOK AT THE OTHER FACTORS AND WE HAVE ANOTHER SLIDE HERE, WHICH SHOWS EVEN INCLUDING THOSE DUI DRIVERS, 54% IS PROPERTY DAMAGE ONLY AND 5% IS SEVERE INJURY.

SO WHEN YOU REALLY LOOK AT THE LEGAL DRIVERS, THE PEOPLE THAT SHOULD BE DRIVING, THAT AREN'T UNDER THE INFLUENCE AND AREN'T TEXTING, THAT INTERSECTION PERFORMS VERY WELL. IT'S THE DUIS THAT ARE THE CONCERN AND OUR POLICE DEPARTMENT HAS VERY ACTIVE DATA THAT SHOWS THAT, AND THEY'RE MONITORING THAT, AND THEY REPORT THAT ALL QUARTERLY.

ALSO, WE DID WE DO TRACK WHAT'S HAPPENING IN THE REGION AND THE SURROUNDING CITIES.

SO WE DID LOOK AT THE DATA IN ENCINITAS AND AT EL PORTAL AND LEUCADIA BOULEVARD.

I'M VERY FAMILIAR WITH THAT CORRIDOR. AND A COUPLE OF POINTS ON THAT IS THAT EL PORTAL, THAT DUI RATE WAS AT 63% 12 OF THE 19 COLLISIONS WERE UNDER THE INFLUENCE AND 18 OF 19, THERE WERE AT NIGHT.

SO THAT IS WHAT IT IS. HIGH DUI RATE. AND THEN ON LEUCADIA BOULEVARD AGAIN, IT WAS 50% RATE FOR DUI.

AND THEN LOOKING AT THE ACTUAL SERIOUS INJURIES EVEN THOUGH PEOPLE AREN'T THE PEOPLE UNDER THE INFLUENCE.

DRUNK DRIVERS HAVE A HARD TIME GOING THROUGH ROUNDABOUTS, OBVIOUSLY.

BUT WHEN YOU LOOK AT THE SEVERE INJURY RATES AT LEUCADIA ROUNDABOUT OR.

EXCUSE ME. LEUCADIA BOULEVARD ROUNDABOUTS, THE SEVERE INJURIES AT THE ROUNDABOUTS WAS DOWN AT 23%.

AND THE SEVERE INJURIES AT ALWAYS STOP WAS UP AROUND 80%.

SO WE DO HAVE DATA ON THIS. LASTLY, I'D LIKE TO END WITH I MENTIONED OUR TRAFFIC SAFETY AND MOBILITY COMMISSION'S VERY ACTIVE.

AND WE'RE WE HAVE THE PLEASURE TO GET THESE REPORTS AND WORK WITH OUR POLICE DEPARTMENT TEAM.

OUR TRAFFIC SAFETY AND MOBILITY COMMISSION HAS ASKED FOR A REPORT ON ROUNDABOUTS AND OTHER TOPICS OF INTEREST, AND ROUNDABOUTS HAVE A LOT OF PASSION BEHIND THEM.

PEOPLE HAVE STRONG FEELINGS, AND SO WE'RE GOING TO PRESENT THIS ITEM AND DO A DEEP DIVE INTO THE ROOT CAUSE OF ACCIDENTS AND THE PERFORMANCE OF ROUNDABOUTS.

AND I HIGHLY ENCOURAGE THE PUBLIC TO PARTICIPATE IN THAT DEEP DIVE INTO ROUNDABOUTS IF YOU'RE INTERESTED.

SO HOPEFULLY THAT ANSWERS YOUR QUESTION. ALL OF THEM.

THANK YOU. THANK YOU. OTHER QUESTIONS? MISS BURKHOLDER, I THINK I JUST HAVE ONE, REGARDING THE GRANT FUNDING MR. FRANK, ARE WE DO WE HAVE TO PAY BACK WHAT WE'VE SPENT? NO, WE DON'T HAVE TO PAY BACK WHAT WE'VE BEEN REIMBURSED FOR.

OKAY. HOWEVER, WE'RE NOT GUARANTEED WE'RE GOING TO GET THE REST OF THE TO MAKE UP TO THE $1 MILLION, CORRECT? THAT'S CORRECT. OKAY. THANK YOU. THAT'S ALL MY QUESTIONS. MISS ACOSTA.

THANK YOU. THANKS SO MUCH FOR THE PRESENTATION.

I KNOW THAT WE'VE BEEN TALKING ABOUT THIS OVER A PERIOD OF TIME AND MANY COUNCIL MEETINGS, SO I JUST WANT TO ASK A FEW QUICK QUESTIONS. WE'VE GOT THREE OPTIONS THAT WE'RE LOOKING AT TONIGHT.

[02:35:05]

BUT I WANT TO CONFIRM THAT ALL THREE OF THEM WOULD BE IMPROVEMENTS TO THIS INTERSECTION THAT WOULD IMPROVE SAFETY.

COULD YOU CONFIRM? YEAH, ABSOLUTELY. ALL THREE WOULD IMPROVE SAFETY AND COASTAL ACCESS.

GREAT. SECOND QUESTION. COST AGAIN, WE'RE LOOKING AT BIG TO LITTLE $19, $17, $2 MILLION APPROXIMATELY. IS THAT CORRECT? THAT'S CORRECT.

OKAY, GREAT. AND THEN THE SOURCE OF FUNDING. SO THIS IS MY THIRD QUESTION.

JUST WANT TO IF WE DON'T KNOW IF WE'RE GOING TO BE ABLE TO CAPTURE THE REST OF THE MONEY FROM SANDAG.

SO IMAGINE THAT SOMEHOW WE CANNOT $19, $17 AND $2 MILLION ARE THE THREE OPTIONS WE'RE LOOKING AT.

HOW ARE WE GOING TO PAY FOR THOSE, ANY OF THEM? YEAH. SO WE HAVE WE CONTINUALLY LOOK FOR GRANT FUND OPTIONS.

IF WE'RE NOT SUCCESSFUL AT GETTING A GRANT FOR, FOR THIS PROJECT OR MAINTAINING THE CURRENT GRANT WE'LL LOOK TO OUR OTHER FUNDING SOURCES LIKE TRANSNET OR GAS TAX AND OUR PROGRAMS. SO THAT'S HOW WE WOULD, WOULD FUND THE THIRD OPTION, IF WE ARE NOT SUCCESSFUL AT LOCATING A GRANT OR MAINTAINING THE CURRENT GRANT.

ARE WE GUARANTEED TO GET TRANSNET OR GAS TAX FUNDING OR WOULD IS THIS AN APPLICATION.

WE DON'T KNOW IF WE'RE GOING TO GET IT. IS THERE ANY KIND OF SPECIAL IN THAT WE HAVE? I DON'T KNOW IF SOMETHING WAS PROMISED TO US BY SANDAG BECAUSE I'M NOT ENTIRELY SURE.

I DON'T FEEL CONFIDENT THAT WE'RE GOING TO GET THAT GRANT FUNDING, ARE WE GOING TO HAVE TO PAY FOR THIS OURSELVES OUT OF GENERAL FUND? WE WOULD WE WOULD LOOK AT WHAT THE APPLICABLE FUNDING SOURCE IS, BUT WE GET ANNUAL ALLOCATIONS FROM THE LOCAL STREETS PROGRAM, FROM SANDAG FROM THAT POT OF MONEY. AND THEN ALSO WE GET ANNUAL REVENUES FROM GAS TAX.

SO WE WOULD HAVE TO PRIORITIZE THIS PROJECT ALONG WITH OUR OTHER STREET PROJECTS.

OKAY. I DON'T THINK IT QUITE GETS TO MY QUESTION SINCE THE COSTS ARE $19 MILLION, $17 MILLION, AND 2 MILLION, ARE WE GOING TO BE ABLE TO GET $19 MILLION, $17 MILLION OR $2 MILLION FROM SANDAG, TRANSNET OR GAS FUND, OR ARE WE GOING TO HAVE TO CHIP IN MONEY FROM THE CITY? OKAY, I THINK I GOT WHERE YOU'RE GOING. SO OBVIOUSLY IT'S FOR A PROJECT OF THE MAGNITUDE OF $19 MILLION, WE WOULD REALLY BE LOOKING TO SECURE A LARGE GRANT FUND IN ORDER TO MOVE THAT FORWARD.

WITH THE LARGER GRANT FUNDS TYPICALLY THEY DO HAVE A CITY MATCH, BUT THEY RANGE SOMEWHERE IN AN ORDER OF 10 TO 20%.

SO THAT IS A CHALLENGE WITH THE LARGER, I GUESS, OPTIONS ONE AND TWO.

SO OPTION THREE IS A MUCH LOWER ASK, AND WE WOULD BE MORE, MORE LIKELY TO FIND LOCAL FUNDING TO MOVE THAT PROJECT FORWARD IN A MUCH SHORTER TIME PERIOD. RIGHT. $19 MILLION, $17 MILLION, AND $2 MILLION, IT SEEMS LIKE THE FIRST TWO ARE QUITE A BIT MORE THAN THAN THE LAST ONE.

SO I'M JUST TRYING TO UNDERSTAND WHY THE $17 MILLION IS SO HIGH.

AND IF WE COULD IF IF THERE'S ANY GUARANTEE THAT WE'RE GOING TO GET THAT MONEY, THERE'S NOT.

RIGHT. THERE'S NO GUARANTEE FROM A GRANT FUND.

THAT'S CORRECT. AND WE DO NOT HAVE IT CURRENTLY IDENTIFIED IN CITY FUNDING SOURCES.

RIGHT. AND THE REASON THAT WE BROUGHT THIS BACK IS BECAUSE THERE IS GOING TO BE A SANDAG MEETING AGAIN IN MAY.

A MAY 8TH TO OR THE GRANT THAT WE CURRENTLY HAVE EXPIRES MAY 8TH AND WE HAVE NOT BEEN ABLE TO GET ANOTHER EXTENSION, EVEN THOUGH THE LAST DIRECTION FROM CITY COUNCIL WAS TO WAIT FOR THE CANNON ROUNDABOUT TO BE CONSTRUCTED AND SEE HOW THAT WENT, COLLECT THE DATA FROM THAT. WE CAN NO LONGER DO THAT, RIGHT? SO THAT'S WHY WE'RE BRINGING THIS BACK. SO WE HAVE TO DECIDE ON ONE OF THE THREE.

THE ONE THAT COSTS $19 MILLION, THE ONE THAT COST $17 MILLION, OR THE ONE THAT COST $2 MILLION. IS THAT CORRECT? THAT'S CORRECT. OKAY. I KNOW WHERE I STAND. THANK YOU. MISS BHAT-PATEL. THANK YOU FOR THE PRESENTATION.

AND THANK YOU TO ALL THE SPEAKERS WHO ARE HERE TONIGHT.

I KNOW IT'S LATE HOUR. JUST A FEW QUESTIONS. CAN I ACTUALLY ASK OUR FIRE CHIEF TO COME UP, IF YOU MAY? AND IF YOU COULD PLEASE SHARE YOUR THOUGHTS ON THE OPTIONS THAT HAVE BEEN PRESENTED.

THANK YOU. ALL RIGHT. GOOD. GOOD EVENING, MIKE CALDERWOOD, FIRE CHIEF, CITY OF CARLSBAD. OPTION TWO AND THREE FIRE DEPARTMENT REALLY DOESN'T HAVE A STANCE ON.

THEY DO NOT SUBSTANTIALLY CHANGE THE WAY THE TRAFFIC AND THE ROADWAY IS TODAY.

[02:40:04]

GENERALLY SPEAKING, THE FIRE DEPARTMENT LIKES ROUNDABOUTS.

THEY THEY DO DECREASE THE CONFLICT ZONE AND REDUCE THE SEVERITY OF THE COLLISIONS.

HOWEVER, WHEN WE LOOK AT ROUNDABOUTS IN A PLANNED COMMUNITY OR A NEW ROADWAY WHERE THE ROADS ARE ORIGINALLY INTENDED AND DESIGNED FOR THAT, THAT'S ONE THING. HOWEVER, WHEN YOU START LOOKING AT RETROFITTING ROUNDABOUTS INTO EXISTING STREETS, WE TEND TO LOOK AT IT FROM A DIFFERENT LENS AND WE LOOK AT THE SURROUNDING AREA.

TYPICALLY ABOUT A 1.5 MILE RADIUS AND SEE WHAT THAT SURROUNDING AREA, HOW THAT WOULD IMPACT THE ROUNDABOUT IN THE HOW THE ROUNDABOUT WOULD IMPACT THAT AREA. IN ADDITION, WE LOOK AT OUR RESPONSE ROUTES.

AND TODAY WE HAVE FIRE STATION SEVEN, OUR NEWEST FIRE STATION THAT'S ON CARLSBAD BOULEVARD IN BETWEEN CANNON ROAD AND TAMARACK.

SO THIS WOULD BE A PRIMARY RESPONSE ROUTE FOR FIRE STATION SEVEN.

AND WHEN YOU LOOK AT THE SURROUNDING AREA, THERE'S THE FREEWAY, WHICH CARLSBAD BOULEVARD IS AN OVERFLOW AT CERTAIN TIMES OF YEAR AND CERTAIN HOURS OF THE DAY. YOU HAVE THE RAILWAY, WHICH AT TIMES THERE IS TRAFFIC IS STOPPED DUE TO THE RAILWAY.

AND THEN YOU HAVE A CONTROLLED INTERSECTION AT GARFIELD WITH THE STOP SIGN.

SO WHEN YOU TAKE THAT INTO CONSIDERATION, ALONG WITH THE REDUCTION IN LANES FROM 2 TO 1, GOING NORTH AND SOUTH ON THE BOULEVARD.

THE FIRE DEPARTMENT DOES HAVE CONCERNS THAT THIS WOULD IMPACT OUR ABILITY TO RESPOND WITH TRAFFIC BACKING UP ALONG THE BOULEVARD.

THANK YOU CHIEF. AND THEN A COUPLE OF OTHER QUESTIONS I HAD.

I FREQUENTLY WALK. OH. DID YOU HAVE SOMETHING ELSE YOU WANTED TO ADD TO THAT? I WAS JUST PREPARING. OKAY. OKAY. SO, YEAH, I FREQUENTLY WALK THAT AREA AND, OF COURSE, DRIVE THAT AREA AS WELL AND WANTED TO KNOW EVEN, YOU KNOW, ON SUNDAY WHEN WE WERE WALKING OVER THAT WAY, ONE THING THAT I CONSTANTLY BRING UP IS AROUND THE THE THAT SIDEWALK RIGHT THERE OVER THE, THE RIGHT BEFORE THE PARKING ON THE WEST SIDE.

AND SO IT'S IT'S THE BRIDGE BRIDGE, BASICALLY YEAH.

AND SO I KNOW THAT OVER THERE THERE'S THAT BARRIER WHICH TAKES UP.

AND I KNOW YOU MENTIONED A MAJORITY OF IT WOULD BE REMOVED. AND IT SOUNDS LIKE THAT WOULD BE REGARDLESS OF WHICH OPTION.

BUT I JUST WANTED TO ASK WHEN WE SAY MAJORITY OF IT, WILL THERE STILL BE A REMNANT OF THAT? I KNOW THAT IT IMPACTS HOW MANY PEOPLE CAN GO IN AND OUT.

YOU ALMOST HAVE TO STACK WHEN YOU'RE WALKING THROUGH.

AND ESPECIALLY AS SOMEONE WHO'S USUALLY PUSHING A STROLLER, IT'S VERY CHALLENGING, SO I CAN'T IMAGINE.

SO I JUST WANTED TO ASK WHAT THAT'S GOING TO LOOK LIKE.

YEAH. SO YOU CAN SEE JUST IN THE LOWER PART OF, OF THIS SLIDE, THIS IS OPTION THREE.

AND IT SHOWS THE, THE REMOVAL OF THE GUARDRAIL AND THE BLUE TEXT BOX.

SO TO YOUR POINT, WE WOULD NEED TO KEEP A REMAINING PORTION OF THE GUARDRAIL, REALLY A CRASH BUFFER RIGHT IN AS YOU APPROACH SOUTHBOUND TO THE BRIDGE, THERE'S ACTUALLY A CONCRETE BARRIER.

AND SO FROM A SAFETY STANDPOINT AND HIGHWAY DESIGN GUIDELINES WE DO PUT IN GUARDRAIL CRASH BUFFERS IN THERE.

SO WE WOULD LOOK TO THEY'RE TYPICALLY ABOUT FOUR FEET WIDE.

SO THERE WOULD STILL BE A RESTRICTION THERE, BUT WE WOULD REMOVE AS MUCH OF THE GUARDRAIL AS WE CAN TO FREE UP THAT SPACE.

SO WE GET THAT ADDITIONAL FOOT AND A HALF WIDTH, BECAUSE WE REALIZE THAT IS VERY RESTRICTED.

AND THAT WILL PROVIDE A BENEFIT TO REMOVE AS MUCH OF THAT AS WE CAN.

OKAY. AND IF YOU KNOW, I SEE AND I KNOW THAT THAT WE HAVEN'T TALKED ABOUT WHAT IT MAY LOOK LIKE JUST YET IF WE WERE TO, FOR INSTANCE, MOVE AHEAD WITH OPTION THREE. BUT QUESTIONS AROUND, ESPECIALLY THE PEDESTRIAN SAFETY AND JUST VISIBILITY IN GENERAL WITH REGARDS TO THE PEDESTRIAN SAFETY THERE. COULD YOU MAYBE SHED SOME LIGHT ON THAT IF YOU'RE ABLE? JUST WHAT THAT MAY LOOK LIKE, AT LEAST, AT THE VERY LEAST, I KNOW THAT THAT WE HAVEN'T GOTTEN THE CONCEPTUAL DESIGNS YET, BUT. YEAH, RIGHT. SO THIS IS OPTION THREE. THIS IS THE VERY, VERY PRELIMINARY LIKE SCHEMATIC LEVEL CONCEPT OF WHAT THE SCOPE WOULD INCLUDE. AND SO ON EACH OF THE CORNERS WHERE YOU SEE THOSE BOLD HOPEFULLY LOOK LIKE ADA RAMP STYLE SYMBOLS.

THOSE WOULD BE NEW ADA RAMPS FOR, FOR IMPROVING PEDESTRIAN ACCESS ACROSS THERE.

SO TWO OF THESE CROSSWALKS EXIST, THE LEG ON THE EASTERN LEG AND THEN THE NORTHERN LEG AND THE LEG ON THE

[02:45:04]

SO WHAT WHAT THIS PLAN WOULD DO IS WE WOULD RECONSTRUCT THOSE TWO EXISTING MEDIANS TO HAVE AN ADA PATHWAY.

AND AS WAS MENTIONED EARLIER, WE'LL REMOVE THAT BENCH THAT'S IN THE MIDDLE OF THE INTERSECTION.

AND THERE'LL BE AN ADA PATHWAY THROUGH THAT MEDIAN.

AND THEN THEY WILL CROSS ANOTHER HIGH VISIBILITY CROSSWALK TO TO GET SOUTH OF THE THAT RIGHT TURN LANE.

THERE WILL BE GRADING THAT'S THAT'S NEEDED TO HAVE THAT TO FLATTEN IT OUT BASICALLY SO WE CAN PROVIDE THAT ADA PATHWAY.

AND THAT'S WHERE THE REAL UNKNOWNS ARE IN THE GRADING AND CHANGING EXISTING CONDITIONS IS REALLY EXPENSIVE BECAUSE YOU GOT TO TRANSITION TO IT.

SO, OH, AND THEN ALSO WE'LL PUT IN NEW PEDESTRIAN SIGNAL HEADS AND HARDWARE SO THAT PEOPLE CAN PUSH THE BUTTONS, GET A SIGNAL HEAD CROSSING ON THAT LEG.

SO HOPEFULLY THAT PROVIDES SOME INSIGHTS INTO WHAT WE'D BE PROVIDING WITH OPTION THREE.

GREAT. THANK YOU. I JUST HAVE COMMENTS. THANKS.

I DON'T HAVE ANY QUESTIONS, BUT I'LL START WITH THE COMMENTS. WHEN THIS WAS BROUGHT TO US A FEW YEARS AGO I VOTED NO ON THE ROUNDABOUT AND I'M NOT GOING TO BE A HYPOCRITE AND CHANGE MY MIND. I'M STILL GOING TO VOTE NO ON THE ROUNDABOUT.

THEN, LOOKING AT THE SECOND, THE NUMBER TWO I'VE TALKED TO PEOPLE IN THE COMMUNITY I'M NOT A FAN OF THE BULB OUTS.

AND I HAVEN'T FOUND ANYBODY IN THE COMMUNITY WHO SAID THAT THEY LIKE THOSE BULB OUTS EITHER.

SO THAT BRINGS US TO NUMBER NUMBER THREE. I THINK THAT THAT INTERSECTION HAS BEEN RUNNING SMOOTHLY ALL THESE YEARS.

I THINK THAT IT COULD USE A LITTLE FACELIFT. AND IT DOESN'T COST NEARLY AS MUCH.

AND THAT'S SOMETHING THAT NORMALLY WE WOULD SAY SAFETY IS MORE IMPORTANT THAN DOLLARS.

BUT IN THIS CASE, I DON'T SEE THE SAFETY THAT OVERRIDES THE ISSUE OF THE DOLLARS, ESPECIALLY WHEN OUR, OUR FIVE, SIX, SEVEN YEAR FORECAST SHOWS THAT WE'RE GOING TO BE BRINGING IN LESS MONEY THAN WE'RE SPENDING.

SO THIS IS AN OPPORTUNITY TO SAVE SOME OF THAT MONEY.

SO I'M FIRMLY IN THE ARENA OF NUMBER THREE AND GIVING IT A FACELIFT.

MISS BHAT-PATEL. SURE. THANK YOU. THANKS AGAIN FOR THE PRESENTATION.

I'M IN AGREEMENT WITH THE MAYOR. I AM IN FAVOR OF OPTION THREE.

AND THANK YOU AGAIN TO THE COMMUNITY FOR THE FEEDBACK AND OF COURSE, FOR THE PRESENTATION AND THE DETAILS.

BASED ON NOT ONLY THE COMMUNITY FEEDBACK, THE COST WHAT WE HEARD FROM THE FIRE CHIEF.

AND I KNOW JUST FROM THE QUESTIONS AND CONVERSATION THAT WE'VE HAD TODAY, IT SEEMS PRUDENT TO MOVE FORWARD WITH THAT PARTICULAR OPTION.

I JUST DO WANT TO MENTION, AND I LOVE THAT YOU SHARED THE INITIAL SCHEMATIC DESIGNS THAT I THINK THERE ARE DEFINITELY PEDESTRIAN IMPROVEMENTS THAT NEED TO BE MADE, AND I'M GLAD THAT THIS OPTION WOULD STILL ALLOW FOR US TO MAKE THOSE IMPROVEMENTS.

I CAN TELL YOU FROM FIRSTHAND EXPERIENCE, AND I'M SURE THERE ARE OTHERS THAT WE DEFINITELY NEED TO IMPROVE THAT AREA.

SO I APPRECIATE THAT WE'RE GOING TO BE MAKING THOSE CHANGES.

AND LOOK FORWARD TO THAT. THANK YOU SO MUCH. MISS ACOSTA.

THANK YOU. I APPRECIATE THE PRESENTATION AND THE HARD WORK THAT WENT INTO THIS AND, AND ALL THE PUBLIC COMMENT THAT WE RECEIVED.

AS YOU COULD TELL FROM MY QUESTIONS, I WAS CONCERNED ABOUT WHETHER ALL THREE OPTIONS PROVIDED SAFETY IMPROVEMENTS AND THEY DO.

I AM CONCERNED ABOUT COST AND DO PREFER THE LESS EXPENSIVE OPTION, WHICH DOES PROVIDE GOOD SAFETY IMPROVEMENTS, THAT'S OPTION THREE. ESPECIALLY BECAUSE WE'RE NOT GUARANTEED FUNDING.

AND WE DO HAVE MANY OTHER TRANSPORTATION IMPROVEMENT PROJECTS ALL OVER THE CITY THAT WE'RE GOING TO BE COMPETING FOR FUNDING FOR.

AND AND LASTLY, I RECALL THE CONVERSATION THAT WE HAD AND WHILE I WAS IN SUPPORT OF MAINTAINING THE ROUNDABOUT PLAN, ORIGINALLY IT WAS BECAUSE WE WERE GOING TO TAKE A LOOK AT WHAT WAS HAPPENING WITH CANNON, AND IT WAS KIND OF A WAIT AND SEE APPROACH. IT WASN'T LET'S GO AHEAD AND DO THIS RIGHT AWAY.

IF THAT HAD BEEN THE THE WAY THE CONVERSATION WAS HEADED, WE WOULD HAVE SAID THAT BUT INSTEAD WE WANTED TO WAIT.

AND THAT'S BECAUSE WE WERE HESITATING. AND I THINK NOW IT'S CLEAR WE'RE LOSING OUT ON THE FUNDING THAT WE WERE TRYING TO GET.

IT'S BEEN ALMOST TEN YEARS THAT WE SINCE THE ORIGINAL PROMISE OF THAT FUNDING.

SO I UNDERSTAND WHY SANDAG IS NOT REALLY IN FAVOR OF KEEPING THAT ON HOLD FOR US.

SO I'M IN FAVOR OF OPTION THREE. THANK YOU. MR. SHIN. I'M SORRY TO HAVE TO BRING BACK A QUESTION.

[02:50:01]

SIR. OKAY. AND WHICH WE CAN EVALUATE LATER. LIKE, IS THERE A IS THERE A STARK NEED IN REGARDS TO SAFETY TO DO THAT WHOLE.

BECAUSE YOU HIGHLIGHTED IT RIGHT IN THAT INTERSECTION.

IN REGARDS TO OPTION THREE, THAT'S REALLY CONFINED TO THE INTERSECTION ITSELF AND REMOVING THE GUARDRAIL.

SO IF WE IF WE WANTED TO LOOK AT WIDENING THE SIDEWALK, THAT WOULD REALLY BE GOING TOWARDS MORE OPTION TWO.

AND THAT MAKES IT A MUCH MORE EXPENSIVE AND MUCH MORE COMPLICATED AND LENGTHY PROJECT.

SOMETHING WE COULD EVALUATE LATER. WE WOULD WE COULD EVALUATE THAT LATER.

THAT'S CORRECT. YEAH. I'LL BE MOVING TOWARDS OPTION THREE. I DO WANT TO SAY THE ONE STATISTIC WHEREAS I, I SEE KIND OF BOTH SIDES, BUT I AM A LITTLE I'M A LITTLE PUZZLED.

SO IF ROUNDABOUTS IF THE ACCIDENTS ARE CAUSED BECAUSE OF DUIS, THERE'S A SIDE OF ME THAT SAYS WE SHOULDN'T HAVE ROUNDABOUTS BECAUSE IT'S UNSAFE FOR THOSE WHEN THEY ARE UNDER THE INFLUENCE.

I KNOW IT SOUNDS WEIRD, BUT LIKE WE'RE NOT GOING TO PREVENT PEOPLE FROM DRINKING AND DRIVING BECAUSE ROUNDABOUTS EXIST, MEANING THAT THEY'RE STILL GOING TO CAUSE THE ACCIDENTS AND THEN THEY'RE MORE PRONE TO ACCIDENTS BECAUSE OF IT, IT SEEMS LIKE BECAUSE THERE'S AN INCREASE OF ACCIDENTS.

IF I MAY, SIR. SO SO SORRY IF YOU LOOK AT THE STATISTICS AND SAY THERE'S A PERSON UNDER THE INFLUENCE, AND THEY, AS WE SAW, THEY, THEY TYPICALLY WILL RUN INTO, IT'LL BE A SINGLE DRIVER INCIDENT OR A COLLISION WHERE THEY RUN INTO THE ROUNDABOUT.

THEY'RE NOT NAVIGATING THEIR CAR CORRECTLY. SO TWO THINGS THAT ARE REALLY POSITIVE HAPPEN IN THAT CIRCUMSTANCE IS ONE, THEY TEND TO NOT GET INJURED THEMSELVES AS MUCH.

SO IF YOU'RE CARING ABOUT THE PERSON UNDER THE INFLUENCE AND THEN EVEN A BIGGER THING IS, IS THEY'RE, THEY'RE NOT GOING ON TO, TO HARM AN INNOCENT BYSTANDER.

SO, YOU KNOW, COLLIDE WITH A PEDESTRIAN OR SOMEBODY DOWN THE ROAD.

SO AGAIN FOR THE FOR THE PERSON UNDER THE INFLUENCE THEMSELVES, THEY DON'T TEND TO GET AS SEVERELY IMPACTED, AND THEN THEY DON'T CAUSE SEVERE INJURY TO ANOTHER PARTY.

SO HOPEFULLY THAT SHOWS THE BENEFITS OF OF THE ROUNDABOUTS, EVEN WITH PEOPLE THAT ARE UNDER THE INFLUENCE.

BUT AS A WHOLE, WE, WE DON'T DESIGN OUR ROADWAYS.

WE DESIGN OUR ROADWAYS TO SERVE OUR COMMUNITY MEMBERS.

WE DON'T DESIGN OUR ROADWAYS FOR PEOPLE THAT ARE UNDER THE INFLUENCE.

I THINK IT'S JUST A STRONG EDUCATIONAL GAP FOR PEOPLE USING THESE THINGS BEFORE WE COMMIT TOO HARD FOR IT.

BUT I'M IN FAVOR OF OPTION THREE. MISS BURKHOLDER.

THANK YOU MAYOR I AM THE COUNCIL MEMBER WHO BROUGHT THIS FORWARD WITH THE CONDITIONAL USE THAT WE, YOU KNOW, SEE HOW CANNON PERFORMS BEFORE WE MOVE FORWARD.

THIS RESOLUTION, AS IT STANDS RIGHT NOW, IS STILL THE SAME BUILD AROUND ABOUT IF WE THINK CANNON'S PERFORMING, BUT WE HAVE NEW INFORMATION AND WITH THE NEW INFORMATION NOW WE'RE PROPOSING NEW ALTERNATIVES.

AND THE GRANT FUNDING IS IS WHY WE'RE HERE ESSENTIALLY.

SO FIRST, THIS IS JUST FUNNY TO ME FOR SANDAG TO QUARREL WITH US ON CONSTRUCTION SPEED IS COMICAL, CONSIDERING WE'VE ONLY BEEN WAITING FOR THE I-578 SINCE 1987.

SO WHATEVER SANDAG. SECONDLY, WITH RESPECT TO YOU, MR. FRANK, I DO BELIEVE THAT DUE TO THE INCREASE IN BEACHGOERS AND VISITORS AND RESIDENTS ALIKE AT THIS PARTICULAR INTERSECTION, OUR FOCUS SHOULD BE ON MOVING PEOPLE AND NOT CARS.

AND I KNOW THAT THAT IS YOUR JOB TO MOVE CARS, BUT I THINK WE DO NEED TO MOVE PEOPLE SAFELY.

SO I HEAR MY COLLEAGUES THAT RECOGNIZE THE IMPORTANCE OF WHAT WE'RE DOING TONIGHT, AND I APPRECIATE THEIR SUPPORT.

I DEFINITELY HAVE HEARD FROM MANY RESIDENTS ON THIS ISSUE, SO I'M HAPPY TO MOVE TO ADOPT OPTION THREE.

SECOND, PLEASE VOTE. OKAY. BEFORE WE MOVE ON TO THE NEXT ONE SINCE WE'RE TALKING ABOUT ROUNDABOUTS ON THE CARLSBAD BOULEVARD. TAKING INTO CONSIDERATION TONIGHT'S CONVERSATION ABOUT ROUNDABOUTS AND THE LAND EXCHANGE WITH NRG AND OUR TAKING OVER OWNERSHIP OF CANNON PARK I'D LIKE TO ASK THE CITY MANAGER IF THERE'S ANY PLANS FOR THE COUNCIL TO REVISIT THE PROPOSED ROUNDABOUT AT CANNON AND CARLSBAD BOULEVARD.

THANK YOU. AS I MENTIONED IN MY INITIAL COMMENTS THAT I WANTED TO BRING THIS PARTICULAR ROUNDABOUT FORWARD FIRST IT GETS A CLARIFICATION IN SOME NEW DIRECTION.

I DO PLAN TO BRING THE CANNON ITEM FORWARD IN THE VERY NEAR FUTURE FOR A CHECK IN AS WELL.

I THINK BASED ON WHAT YOU JUST SAID RELATED TO THE NRG SDG & E DEAL WITH THE CITY AND HOW MANY YEARS DOWN THE ROAD IT'S GOING TO TAKE FOR US TO WRAP THAT UP AND NOT KNOWING WHAT

[02:55:01]

DO YOU NEED A MINUTE MOTION AND A VOTE FROM THE COUNCIL? I'M PLANNING TO BRING IT FORWARD BASED ON THE THE THE WHAT I'VE HEARD FROM THE COMMENTS TODAY.

SO I THINK I'M PRETTY CLEAR WHAT I SHOULD DO.

OKAY. THANK YOU VERY MUCH. DO YOU NEED A BREAK? DOES ANYBODY NEED A BREAK? WE'RE GOING TO TAKE A FIVE MINUTE BREAK.

WE'LL RECONVENE AT 8:10.

[03:01:49]

[10. POSSIBLE OPTIONS TO REGULATE NEW DRIVE-THRU RESTAURANTS]

THIS IS SENIOR PLANNER KYLE VAN LEEUWEN AND CITY PLANNER ERIC LARDY.

THANK YOU, AND GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

THE PURPOSE OF THIS THIS ITEM IS TO RESPOND TO CITY COUNCIL DIRECTION RECEIVED IN MAY OF 2024, AND THAT DIRECTION WAS FOR STAFF TO PROVIDE OPTIONS FOR REGULATION OF NEW DRIVE THRU RESTAURANT RESTAURANTS, RANGING FROM THE CONTINUED PROHIBITION AS IN PLACE TODAY, TO A CITYWIDE ALLOWANCE, WHICH WOULD ALLOW FOR DRIVE THRUS IN ALL NONRESIDENTIAL ZONES.

FOR SOME BACKGROUND ON THIS ITEM SOME CONCERNS ARE RAISED IN THE MID 90S ABOUT THE IMPACT OF ADDITIONAL COMMERCIAL COMMERCIAL DEVELOPMENT.

THIS SPECIALTY WAS TRUE WITH THE INITIAL APPROVAL PERIOD FOR LEGOLAND.

ONE OF THOSE CONCERNS WAS THE IMPACT OF ADDITIONAL NEW DRIVE THRUS BEING PROPOSED IN THE EXCUSE ME DRIVE THRU RESTAURANTS PROPOSED IN THE AREA.

AND IN 1997 THERE WAS MUCH DISCUSSION WITH COUNCIL AND PLANNING COMMISSION AND OTHER ADVISORY BODIES, WHICH RESULTED IN A ADOPTION OF A PROBE OF AN ORDINANCE WHICH PROHIBITED ALL NEW DRIVE THRU RESTAURANTS USES CITYWIDE.

THIS AT THE TIME THERE WERE 13 DRIVE THRU RESTAURANTS, EITHER IN OPERATION OR PERMITTED TO OPEN, AND WE HAVE 12 OF THOSE LOCATIONS STILL IN OPERATION TODAY.

AS FOR THE CURRENT ENVIRONMENT, THE COVID 19 PANDEMIC LED TO MORE PICKUP AND DELIVERY SERVICES, WHICH ALSO LED TO MORE CONVERSATIONS ABOUT THE AMOUNT OF DRIVE THRU AVAILABILITY IN CARLSBAD ALSO SPARKED SOME INTEREST FROM COUNCIL MEMBERS, WHICH HAVE DIRECTED STAFF TO REEVALUATE THE PROHIBITION. IN TERMS OF LAND USE REGULATIONS, THERE ARE TYPICALLY TWO WAYS WHICH WE WOULD APPROACH A USE, AND THAT WOULD BE WHAT'S GENERALLY CALLED ZONING, WHICH IS RESTRICTIONS ON LOCATION, INTENSITY AND DENSITY OF USE TYPES.

ALSO SOME OPERATIONAL OR DEVELOPMENT STANDARDS AS WELL AS THE PERMITTING REQUIREMENTS.

SOME USES ARE ALLOWED BY RIGHT MEETING SOME PRETTY OBJECTIVE STANDARDS OR SOME DISCRETIONARY APPROVALS, EITHER A CONDITIONAL USE PERMIT OR SITE DEVELOPMENT PLAN.

BEFORE WE GET INTO THE OPTIONS, I DO WANT TO MENTION THAT THE OPTIONS WE'RE PROVIDING TODAY DO NOT SPECIFICALLY INCLUDE THE VILLAGE AREA.

THERE ARE TWO REASONS FOR THIS, THE VILLAGE AND BARRIO AREA HAS ITS OWN MASTER PLAN WITH ITS OWN USE TABLE, WHICH HIGHLIGHTS USES WHICH ARE ALLOWED OR NOT ALLOWED, AND THAT MODIFYING THAT DOCUMENT WOULD LIKELY BE A SEPARATE EFFORT.

DOESN'T HAVE TO BE A SEPARATE EFFORT, COUNCIL COULD DIRECT US TO LOOK AT THAT AS WELL IF A DECISION TO LIFT THE PROHIBITION WAS DECIDED TO MOVE FORWARD. ADDITIONALLY, IN THE PREVIOUS MEETINGS AND THROUGH A COMMENT ALLOWING THE DRIVE THRUS IN THE VILLAGE APPEARS ESPECIALLY UNPOPULAR. THE OTHER THING WE WILL SAY IS.

SORRY, I HAVE MY NOTES. IS THAT FOR PERMITTING REQUIREMENTS?

[03:05:04]

THAT IS THE TYPICAL REQUIREMENT FOR A LOT OF CITIES.

AND WAS THE REQUIREMENT PRIOR TO THE PROHIBITION THAT ALL NEW DRIVE THRU RESTAURANTS RECEIVE A USE PERMIT, CONDITIONAL USE PERMIT FROM PLANNING COMMISSION. THAT IT DOESN'T MEAN THAT OTHER USE APPROVALS ARE NOT ON THE TABLE.

IF THE COUNCIL WOULD LIKE US TO EVALUATE BY RIGHT, WE WOULD WE WOULD EVALUATE THAT.

OR IF YOU WOULD LIKE ALL CONDITIONAL USE PERMITS TO COME TO COUNCIL FOR APPROVAL, THAT WOULD BE ON THE TABLE AS WELL.

SO FOR THE OPTIONS, THE OPTION ONE IS NO CHANGE.

THIS WOULD KEEP THE PROHIBITION LANGUAGE IN CHANGE IN PLACE.

IT WOULD ALSO SIGNAL TO THE DEVELOPMENT COMMUNITY THAT THERE IS NO CHANGE DESIRED BY THE COUNCIL AT THIS TIME, AND THE CITY WILL CONTINUE TO PROHIBIT NEW DRIVE THRU USES CITYWIDE.

OPTION TWO IS OPEN TO CHANGE. THIS WOULD ACTUALLY KEEP THE PROHIBITION AS WRITTEN CURRENTLY IN PLACE, BUT IT WOULD BE AN ACKNOWLEDGMENT THAT THE CITY COUNCIL WOULD CONSIDER INDIVIDUAL CASE BY CASE REQUESTS FOR NEW DRIVE THRUS THAT WOULD BE INITIATED THROUGH A PRIVATE SUBMITTAL FOR FOR ZONING CODE CHANGE OR LANGUAGE CHANGE.

THIS DOES NOT GUARANTEE THAT THE CITY COUNCIL WOULD ADOPT THOSE CHANGES THAT WERE PROPOSED BY PRIVATE ENTITY, BUT WOULD BE ANOTHER OPTION ON THE TABLE. OPTION THREE IS WHAT WE'RE CALLING THE SHOPPING CENTERS ONLY.

THIS WOULD BE LOCAL SERVING SHOPPING CENTERS OR THE C-L ZONE.

BASICALLY ANYWHERE YOU CAN THINK OF THAT HAS A GROCERY STORE OR A CHAIN DRUG STORE IS LIKELY A C-L ZONE SHOPPING CENTER.

THIS DOES NOT INCLUDE THE LARGER SHOPPING CENTERS LIKE THE OUTLETS OR THE MALL.

THOSE MANY, MANY OF THESE CENTERS HAVE SITES DESIGNED FOR DRIVE THRUS, OR UNDEVELOPED PORTIONS OF THE SITE OR EXISTING BUILDINGS THAT HAVE A DRIVE THRU COMPONENT PICTURE A BANK WITH A DRIVE THRU MAY BE EASIER TO CONVERT OR THE PARKING LOT HANDLE THAT BETTER.

AND MANY OF THESE THE DOWNSIDE WOULD BE THAT MANY OF THE PROPERTIES NEAR FREEWAYS AND MAJOR ROADS ARE NOT IN THE C-L ZONE.

OPTION FOUR IS WHAT WE'RE CALLING THE RESTAURANT ZONES.

THIS WOULD ALLOW FOR NEW APPLICATIONS IN THE C-L, C-T, AND C-2 ZONES.

THESE ARE THE MOST COMMON ZONES WHERE YOU WILL FIND RESTAURANTS. CURRENTLY, THAT'S WHERE ALL OF THE DRIVE THRUS OUTSIDE OF THE VILLAGE ARE LOCATED IN ONE OF THOSE THREE ZONES AND AND RESTAURANTS WITHOUT DRIVE THRUS ARE ALLOWED BY RIGHT IN THOSE ZONES.

THIS DOES ALSO COVER ALL THE PROPERTIES THAT WE'RE AWARE OF OF INTEREST FOR NEW DRIVE THRU RESTAURANTS.

AND OPTION FIVE WOULD COVER ALL COMMERCIAL ZONES.

SO ANY ZONE THAT HAS COMMERCIAL IN THE NAME, THAT WOULD BE THE THREE ZONES FROM THE PREVIOUS OPTION, AS WELL AS THE C-M ZONE. THE C-M ZONE IS AN AREA PRIMARILY LOCATED NORTH OF THE AIRPORT.

AGAIN, THIS COVERS COVERS ALL THE PROPERTIES INTERESTED THAT WERE KNOW ABOUT.

IT DOES LEAVE OUT INDUSTRIAL, MANUFACTURING AND OFFICE ZONES.

WE DO ALSO WANT TO STATE THAT THIS IS JUST THE OPTIONS THAT STAFF HAS PROVIDED FOR CONSIDERATION TO START THE CONVERSATION.

SO BY NO MEANS THERE'S A VERY LONG LIST OF POSSIBLE OPTIONS OR ZONING COMBINATIONS AS WELL AS STATED BEFORE YOU COULD OPEN UP FOR ALL NON RESIDENTIAL ZONES IF IT WAS DESIRED.

SO AGAIN THE SUMMARY OF THE OPTIONS THAT WE'VE PRESENTED ARE OPTION ONE TO KEEP THE PROHIBITION WITH NO CHANGE.

OPTION TWO IS TO KEEP THE PROHIBITION BUT KIND OF LET IT KNOWN THAT YOU'RE OPEN TO EVALUATE INDIVIDUAL PRIVATELY INITIATED CODE AMENDMENTS.

OPTION THREE WOULD ALLOW FOR THOSE LOCAL SHOPPING CENTERS ONLY.

OPTION FOUR IN THE RESTAURANT ZONES AND OPTION FOUR WOULD BE ANY OF OUR COMMERCIAL DEVELOPMENT ZONES.

WE HAVE DONE SOME EFFORTS ON COMMUNITY ENGAGEMENT IN THE PROCESS IN THE LAST YEAR THAT INCLUDED EMAILS AND SOCIAL MEDIA POSTS.

NEWS RELEASES. WE HAVE A DEDICATED PAGE ON THE CITY WEBSITE.

WE HAVE SPOKEN OR REACHED OUT TO THE CARLSBAD CHAMBER OF COMMERCE AND CARLSBAD VILLAGE ASSOCIATION.

WE'VE ALSO HAD MEETINGS WITH THE PLANNING COMMISSION AND ECONOMIC DEVELOPMENT SUBCOMMITTEE, WHERE SPEAKERS SPOKE, AND THOSE MEMBERS GAVE FEEDBACK AS WELL. IN REGARDS TO WHAT WE'VE HEARD ABOUT DRIVE THRUS, PEOPLE, SUPPORT FOR PEOPLE WHO SUPPORT LIFTING THE PROHIBITION, THEY STATED THAT IT CREATES ECONOMIC OPPORTUNITIES FOR EXISTING AND NEW BUSINESSES, PROVIDES OPTIONS TO REVITALIZE UNDERDEVELOPED AND UNDERPERFORMING PROPERTIES, CONVENIENCE FOR FAMILIES AND SENIORS, AND PEOPLE WITH DISABILITIES WHO WOULD TAKE ADVANTAGE OF GETTING FOOD FROM THE CAR.

AND PEOPLE WHO SUPPORT KEEPING THE BAN CITE THAT IT REDUCES CAR USE AND EMISSIONS, WHICH SUPPORTS SUSTAINABILITY GOALS, AND SUPPORTING THE BAN OR THE PROHIBITION WOULD PRESERVE COMMUNITY CHARACTER AND PREVENT PARKING LOT CONGESTION.

IN TERMS OF NEXT STEP STEPS, IF OPTION ONE OR TWO IS CHOSEN, NO FUTURE STEPS OR ACTIONS FROM STAFF WOULD IMMEDIATELY START.

[03:10:04]

AND THAT CONCLUDES STAFF'S PRESENTATION, BUT HAPPY TO ANSWER ANY QUESTIONS.

DO WE HAVE SPEAKERS? YES WE DO. BYRON DE ARAKAL FOLLOWED BY BRET SCHWARZENBACH.

GOOD EVENING, MAYOR BLACKBURN, MAYOR PRO TEM BHAT-PATEL, HONORABLE COUNCIL MEMBERS.

MY NAME IS BYRON DE ARAKAL. I REPRESENT TRC, WE'RE THE OWNERS AND OPERATORS OF THE LA COSTA TOWN SQUARE IN CARLSBAD.

APPRECIATE THE OPPORTUNITY TO SPEAK WITH YOU TONIGHT ON THIS IMPORTANT SUBJECT.

WE'VE BEEN FOLLOWING IT FOR THE LAST COUPLE OF YEARS, AND WE'RE OBVIOUSLY HAVE AN ACTIVE INTEREST IN WHAT YOU DECIDE TONIGHT.

THE CONVERSATION ABOUT DRIVE THRU RESTAURANTS IN CARLSBAD, WHETHER THEY SHOULD REMAIN A PROHIBITED USE OR ALLOWED IN SOME MEASURED WAY, TYPICALLY OCCUPIES TWO ARENAS, ONE ENVIRONMENTAL AND THE OTHER ECONOMIC.

RELATIVE TO THE ENVIRONMENTAL ARGUMENTS, I SUPPOSE IT WOULD BE AN EASY CHOICE TO CONTINUE ON WITH A 27 YEAR OLD PROHIBITION IF WE COULD POINT TO REAL EVIDENCE OF ITS TANGIBLE ENVIRONMENTAL BENEFITS. BUT I WOULD RESPECTFULLY SUGGEST THAT WE CANNOT.

AT ITS BEST, AT ITS BEST, IT'S AT BEST ANECDOTAL AND MORE LIKELY CONJECTURE THAT CARLSBAD TRAFFIC AND AIR QUALITY WOULD BE MEASURABLY WORSE IF SOME NUMBER OF DRIVE THRU FOOD AND BEVERAGE BUSINESSES WERE TO EXIST IN THE CITY BEYOND THE VERY LIMITED NUMBER ALREADY HERE.

ABSENCE THE PRESENCE OF SUCH ESTABLISHMENTS THERE SIMPLY IS NO WAY TO KNOW.

BUT WE MIGHT BE ABLE TO GET OUR ARMS AROUND THE VOLUME OF VEHICLE MILES TRAVELED, TRIP COUNTS AND POLLUTANTS GENERATED BY UBER EATS AND POSTMATES DELIVERY DRIVERS CRISSCROSSING THE CITY TO DELIVER BURGERS, FRIES AND CHICKEN FINGERS TO THEIR CARLSBAD CUSTOMERS HOMES AND BUSINESSES FROM OUTLYING ESTABLISHMENTS.

AND WE KNOW FROM OUR OWN ANALYSIS OF PLACER DATA THAT AS MUCH AS 35% OF CUSTOMERS VISITING DRIVE THRU RESTAURANTS IN NEIGHBORING CITIES ARE CARLSBAD RESIDENTS, SUGGESTING ALSO THAT THERE IS AN ENVIRONMENTAL EFFECT TO THE EXISTING PROHIBITION.

FOLKS WILL DRIVE SOME DISTANCE TO GET THEIR DOUBLE DOUBLE.

ON THE OTHER HAND, WE THINK THE ECONOMIC DEVELOPMENT CASE FOR LIFTING THE CITY'S LONG STANDING PROHIBITION IN FAVOR OF THOROUGH DISCRETIONARY REVIEW PROCESS IS MORE COMPELLING.

LIFTING THE BAN WOULD MEAN CARLSBAD STOPS EXPORTING WHAT ARE NOW $20 AN HOUR JOBS TO OTHER CITIES, IMPORTANT JOBS THAT PERHAPS YOUNG CARLSBAD RESIDENTS MIGHT WANT AS THEY MAKE THEIR WAY THROUGH SCHOOL.

LIFTING THE BAN WOULD MEAN CARLSBAD STOPS EXPORTING, AS IT HAS BEEN FOR THE LAST 27 YEARS MILLIONS OF DOLLARS OF TAXABLE SALES TO ITS MUNICIPAL NEIGHBORS. LIFTING THE BAN WOULD MEAN PROVIDING CARLSBAD RESIDENTS MORE CHOICES AND GREATER CONVENIENCE AS THEY MANAGE THEIR BUSY LIVES AROUND WORK AND FAMILY, AND LIFTING THE BAN WOULD PROVIDE A PROCESS FOR COMMERCIAL PROPERTY OWNERS LIKE US TO BRING TO US CENTERS, THE USERS AND TENANTS TODAY'S CONSUMERS WANT AND ARE ASKING FOR.

WE'RE NOT ASKING FOR SPECIAL DISPENSATION OR SUGGESTING THAT YOU OPEN THE FLOODGATES TO ALL COMERS AND IN EVERY CORNER OF TOWN.

WE SIMPLY ARE ASKING FOR AN OPPORTUNITY TO DESIGN GOOD PROJECTS AND BRING THEM BEFORE YOU. THANK YOU.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS BRET SCHANZENBACH FROM THE PRESIDENT AND CEO OF THE CARLSBAD CHAMBER OF COMMERCE.

ON BEHALF OF OUR BOARD OF DIRECTORS, WE'D LIKE TO ENCOURAGE YOU TO END THIS BLANKET MORATORIUM ON FOOD AND BEVERAGE DRIVE THRUS THAT WE'VE HAD HERE IN CARLSBAD FOR THESE LONG, MANY DECADES. ECONOMIC FOR ECONOMIC REASONS, OBVIOUSLY, WE ARE VERY MUCH IN FAVOR OF OPENING UP MORE OPTIONS AND INNOVATION HERE IN THE CITY, BUT ALSO FOR THE SAME ENVIRONMENTAL REASONS THAT THE SPEAKER BEFORE ME JUST SAID.

WE ARE LITERALLY FORCING MORE VEHICLE MILES TRAVELED RIGHT NOW BY FORCING OUR RESIDENTS TO GO FARTHER FOR THAT FOOD THAT THEY WANT, THAT DRINK THAT THEY WANT. THEY ARE GOING TO ENCINITAS AND OCEANSIDE OR ALL THE WAY OVER TO THE COAST WHEN THEY COULD BE HAVING SOME OPTIONS IN THEIR OWN VICINITY.

AND, YOU KNOW, THE ARGUMENTS ABOUT EMISSIONS COMING FROM CARS THAT ARE IDLING.

YOU KNOW, I JUST I LOOK AT MY OWN LIFE. I HAVE THREE PASSENGER CARS AND ELECTRIC, A HYBRID, AND MY ONE TRADITIONAL GAS CAR SHUTS OFF IF I SIT FOR MORE THAN TWO SECONDS ANYWHERE.

YOU KNOW, IT'S ACTUALLY ANNOYING. YOU'RE AT A STOP SIGN, YOU'RE JUST TRYING TO MOVE ON, BUT IT SHUTS OFF.

SO THE TECHNOLOGY AND THINGS ARE THERE. WE KNOW THE MOVEMENT TOWARDS RAPID ADOPTION OF ELECTRIC ELECTRIC CARS IS THERE.

[03:15:01]

BUT WHEN THAT PERSON COMES TO ONE OF OUR RESTAURANTS THAT DOESN'T HAVE A DRIVE THROUGH RIGHT NOW, AND THEY'RE GETTING IT DELIVERED TO THEIR CAR, AND IT'S THAT SAME SITUATION WHERE IT'S HOT.

THEY'RE NOT SHUTTING THEIR CAR OFF EITHER. THEY'RE THERE WITH THEIR KIDS IN THEIR CAR AND THEY'RE KEEPING THE AC RUNNING. WE'RE NOT CHANGING THE DYNAMIC. WE'RE MAKING IT LESS CONVENIENT AND LESS LIKELY THAT THEY'RE ACTUALLY COME TO OUR ESTABLISHMENTS IN CARLSBAD.

AND THEN THERE'S ALSO THE FALLACY THAT GOING THROUGH A DRIVE THRU MAKES MORE ENERGY CONSUMPTION.

WHEN I STOP MY CAR AND GO INSIDE AND GET SERVED INSIDE, THAT ACTUALLY TAKES UP ENERGY.

THERE'S ENERGY INVOLVED IN THAT AS WELL. SO THERE'S SO MANY ARGUMENTS THAT ARE FLAWED AT THEIR CORE BY SAYING THAT THIS IS JUST ALL WRONG, WRONG, WRONG. WE ENCOURAGE YOU TO PICK OPTION 4 OR 5 TONIGHT AND MOVE THIS FORWARD.

MAKE OPPORTUNITIES FOR OUR BUSINESSES, CREATE OPPORTUNITIES FOR REVENUE FOR OUR CITY, AND STOP THE PROHIBITION THAT IS VERY OUTDATED.

THANK YOU. LINDA DANIELS, FOLLOWED BY GARY NEESAM.

GOOD EVENING. I FIRST WANT TO THANK TOM FRANK AND HIS STAFF FOR TAKING CARE OF A TRANSPORTATION ISSUE IN MY NEIGHBORHOOD, WHERE HE TOOK AWAY THE 35 MILE AN HOUR SIGN AND ALLOWED PEOPLE TO SEE A 25 MILE AN HOUR SIGN WHERE TAMARACK AND PONTIAC GO TO THIS BLIND CORNER WHERE I'M COMING OUT OF SOUTHAMPTON AND HAVE BEEN ALMOST BEEN T-BONED A FEW TIMES.

OKAY, SO THEY'VE MOVED THE SIGN AS OF THIS WEEK, AND I'M VERY EXCITED.

AND I THANKED HIM IN PERSON WHEN HE WAS HERE, SO I THINK HE'S ALREADY GONE.

BUT SO MAYOR BLACKBURN CITY COUNCIL MEMBERS AS A 12 YEAR RESIDENT OF CARLSBAD AS OF THIS MAY 1ST, I'D LIKE THE COMMUNITY OF CARLSBAD WITH A SMALL TOWN FEEL OF THE VILLAGE, THE BARRIOS, THE BEACHES, THE MANY BEAUTIFUL PARKS WE HAVE AND HAVE ALWAYS BEEN PLEASED TO SEE SO FEW DRIVE THRUS IN OUR CITY.

CARLSBAD HAS HAD A COMMUNITY VISION. HOWEVER, WHEN I PASS THROUGH OCEANSIDE, I'M SO DISTRAUGHT AT THE LONG LINES GOING OUT INTO THE STREETS LIKE HACIENDA PLAZA DRIVE. IN THAT TWO MILE STRETCH, WE HAVE A MCDONALD'S, IN AND OUT, A WENDY'S, A JACK IN THE BOX, AND A TACO BELL AND A LITTLE MEXICAN PLACE ON THE CORNER CALLED ROBERTO'S.

DON'T BECOME OCEANSIDE. IN 1998, CARLSBAD LIMITED OUR DRIVE THRUS SO WE COULD HAVE LESS TRAFFIC, LESS CAR EMISSIONS. WE PRIDE OURSELVES ON BEING THOUGHTFUL, AND WE CARE ABOUT THOSE WHO HAVE DIFFICULTY GETTING IN AND OUT OF THEIR CARS.

BUT WITH YOUR CELL PHONE, YOU CAN ORDER ONLINE AND IT CAN BE DELIVERED TO YOUR CAR.

MUCH BETTER THAN WAITING IN A LINE OF CARS AND BREATHING IN THE EXHAUST FUMES, BECAUSE YOU'RE BREATHING THEM IN FROM THE CAR IN FRONT OF YOU.

BETTER YET HAVE YOUR FOOD DELIVERED. PLEASE MAINTAIN THE MORATORIUM FOR HEALTH AND SAFETY REASONS AS WELL AS ESTHETICS.

OTHER CITIES IN THE UNITED STATES ARE MOVING IN THAT DIRECTION.

LET US NOT GO BACKWARDS. USE OUR RESTAURANTS.

NOT FAST FOOD DRIVE THRUS. THANK YOU. GARY NESSAM.

BARBARA DIAMOND.

GOOD EVENING, MAYOR BLACKBURN AND THE COUNCIL.

I'M BARBARA DIAMOND. I LIVE IN DISTRICT ONE. AND FIRST OF ALL, I WANT TO THANK YOU FOR ALL THE TIME AND ENERGY THAT YOU DEVOTE LEADING CARLSBAD THROUGH THIS PIVOTAL TIME IN WHICH RESOURCES AND NEEDS ARE IN COMPETITION.

IN 1998, THE COUNCIL WISELY PASSED THE BAN ON DRIVE THRU RESTAURANTS, BUT UNFORTUNATELY LEFT THE DOOR OPEN TO REVISIT THIS ISSUE, WHICH WE ARE TACKLING WITH RIGHT NOW.

ASSUMING THAT YOU CONTINUE THE BAN, PLEASE DON'T LEAVE THE DOOR OPEN TO REVISIT THIS AGAIN IN THE FUTURE.

SO IF BUSINESSES CHALLENGE THIS, MAKE A LAW THAT THE BUSINESS MUST PAY FOR ALL THE STUDIES AND COSTS OF THE EXTRA TAX STAFF TIME TO REOPEN THIS ISSUE AND NOT USE TAXPAYER MONEY.

THERE ARE MANY REASONS TO MAINTAIN THE BAN ON DRIVE THRU RESTAURANTS, BUT I WOULD LIKE TO FOCUS ON MAINTAINING THE BEAUTY AND CHARM OF OUR VILLAGE AND OTHER AREAS IN CARLSBAD AS WELL. WHEN I WROTE THIS, I WAS NOT REALLY AWARE OF THE MASTER PLAN FOR THE VILLAGE,

[03:20:06]

AND JUST THINKING ABOUT OTHER COASTAL COMMUNITIES HERE IN CALIFORNIA I WAS THINKING ABOUT SAN CLEMENTE, THEY HAVE NO BAN AND THEY HAVE SOME BEAUTIFUL ASSETS TO THEIR COMMUNITY.

BUT IT REALLY GETS LOST IN THAT, YOU KNOW, WITH ALL THE TRAFFIC.

AND I DON'T KNOW IF YOU'VE BEEN THERE. IT'S JUST THEY LOST A LOT.

BUT NOW THE BETTER EXAMPLE IS CARMEL, CALIFORNIA.

NOW THAT'S AN OLD COMMUNITY I KNOW. BUT IN 1951, THAT'S WHAT WHEN THEY PUT THEIR BAN IN ON THE DRIVE THRUS AND THEY ONLY HAVE ONE DRIVE THRU IN THE AREA OF TOWN.

SO IT CAN BE DONE. AND SO I THINK WE'D BE BETTER OFF TO STRIVE FOR A COMMUNITY LIKE CARMEL MYSELF. WE, YOU KNOW, WE HAVE A PRECIOUS COMMUNITY HERE.

AND I REALLY HOPE YOU'RE ALL GOING TO PROTECT IT FOR US, FOR YOURSELF AND FOR US.

I'M ASKING YOU TO MAINTAIN THE BAN, BUT I DO THINK THAT ONE THING I WAS THINKING WHEN THEY WERE TALKING.

YOUR TIME HAS EXPIRED. THANK YOU. LIZ TREIBER, FOLLOWED BY LISA THODE.

THANK YOU FOR YOUR LEADERSHIP AND COMMITMENT TO CARLSBAD'S FUTURE.

IT TAKES COURAGE TO MAKE DECISIONS THAT PROTECT NOT JUST TODAY'S NEEDS, BUT TOMORROW'S WELL-BEING.

IN 1998, THE CITY COUNCIL SHOWED VISION BY BANNING NEW DRIVE THRUS.

THAT DECISION WAS AHEAD OF ITS TIME, AND IT'S EVEN MORE RELEVANT IN 2025, AS EVIDENCED AS EVIDENCED BY THE RECENT LA FIRES.

YOU HAVE THAT SAME POWER NOW TO DECIDE WHAT CARLSBAD WILL BE LIKE IN 30 YEARS, TO EITHER LEAVE BEHIND A STRONGER COMMUNITY BASED ON OUR COMMUNITY VISION AND CLIMATE ACTION PLAN, OR TO HAND FUTURE RESIDENTS A CITY WEAKENED BY SHORTSIGHTED COMPROMISES.

FAST FOOD CHAINS PUSHING TO LIFT THE BAN PROMISE CONVENIENCE AND SMALL TAX REVENUE.

THE MILLIONS IN REVENUE ACTUALLY ONLY TRANSLATES TO ABOUT $8,000 PER DRIVE THRU IN IN ANNUAL TAX GAINS.

BUT THOSE ARE FAR OUTWEIGHED BY THE LONG TERM COSTS MORE EMISSIONS, TRAFFIC, POLLUTION AND A COMMUNITY THAT'S MORE DANGEROUS TO WALKERS AND BICYCLISTS. CLIMATE CHANGE WILL COST US BILLIONS IN FIRE MITIGATION, TOXIC AIR, RISING INSURANCE AND WATER RATES AND IMPACTS TO OUR $2.2 BILLION TOURISM INDUSTRY. THINK ABOUT THE ALGAE BLOOMS AND AGGRESSIVE SEA LIONS THAT WE'VE BEEN SEEING RECENTLY.

PLUS, WE'LL NEED TO SPEND OVER $200,000 OF TAXPAYER MONEY JUST TO STUDY REVERSING THE BAN.

OTHER CITIES HAVE RECENTLY BANNED DRIVE THRUS.

CARLSBAD HAD THE WISDOM TO DO IT 27 YEARS AGO.

WHY WOULD WE CHOOSE TO GO BACKWARD NOW IF WE DON'T ACT ON CLIMATE CHANGE? WE RISK A VERY DIFFERENT CARLSBAD IN 30 YEARS.

IMAGINE A DAY IN 2055 YOU WAKE TO THE SOUND OF AIR QUALITY ALARMS AND PULL ON A MASK.

WATER IS RATIONED. ASH FALLS LIKE SNOW FROM A WILDFIRE FIVE MILES AWAY.

POWER IS OUT. BUSINESSES ARE SHUTTERED. FAMILIES EAT RATIONED FOOD AS THEY CHECK TO SEE IF THEY MOVED UP ON THE WAIT LIST TO MOVE TO BUFFALO, NEW YORK. A CLIMATE REFUGE. BUT THAT FUTURE IS NOT INEVITABLE.

IMAGINE A SET INSTEAD A DIFFERENT 2055 SHAPED BY BOLD DECISIONS MADE BY YOU.

TODAY YOU WAKE TO A COOL OCEAN BREEZE. KIDS WALK AND BIKE TO SCHOOL ON TREE LINED PATHS.

THE OCEAN HAS BEEN RESTORED. COMMUNITY GARDENS THRIVE.

LOCAL BUSINESSES FLOURISH. CARLSBAD IS KNOWN NATIONWIDE FOR ITS CLIMATE RESILIENCE, RESILIENCE AND INNOVATION, ATTRACTING RESIDENTS AND BUSINESSES. THAT'S THE FUTURE WE CAN BUILD TOGETHER.

DON'T LET FAST FOOD CHAINS, DRIVEN BY PROFIT, DICTATE THE VALUES AND DIRECTION OF OUR COMMUNITY.

LET'S LEAD WITH INNOVATION AND INTEGRITY. CARLSBAD WAS BUILT ON THOUGHTFUL FUTURE FOCUSED DECISIONS, AND THAT'S YOUR CHANCE TO CONTINUE THE LEGACY.

OUR CHILDREN AND GRANDCHILDREN WILL EITHER THANK YOU OR ASK WHY WE FAILED TO ACT WHEN WE HAD THE CHANCE.

PLEASE PROTECT CARLSBAD'S FUTURE AND VOTE FOR OPTION ONE TO MAINTAIN THE DRIVE THRU BAN.

THANK YOU FOR YOUR COURAGE, YOUR VISION AND YOUR STEWARDSHIP.

[03:25:04]

HELLO HONORABLE MAYOR, HONORABLE MAYOR PRO TEM AND ESTEEMED CITY COUNCIL AND STAFF.

AND TO MY ENTHUSIASTIC NEIGHBORS FOR BEING HERE AND YOUR CONCERN FOR OUR COMMUNITY.

IT'S BEEN A LONG NIGHT AND I THANK YOU FOR YOUR TIME AND CONSIDERATION.

THIS IS MY FIRST TIME ADDRESSING THE CITY COUNCIL.

SO I THANK YOU FOR YOUR SERVICE AND COMMITMENT TO OUR ABILITY TO LIVE WELL.

IF YOU NOTICE SOME SHAKING OR STUTTERING ON MY PART, IT'S NOT JUST NERVES.

I'M SOMEONE LIVING WITH A BRAIN INJURY, AND IT'S JUST PART OF MY PROCESSING CHALLENGES.

I'M SO LUCKY TO CALL CARLSBAD HOME. IT'S A WONDROUS PLACE TO RAISE A FAMILY AND LIVE AN ADVENTUROUS, WELLNESS CENTERED LIFE. I'M HERE THIS EVENING TO FOLLOW UP TO PREVIOUS COMMENTS I SUBMITTED TO THE CLERK, WHERE I POINTED OUT SOME OF THE MANY HARMS THAT CONFRONT A COMMUNITY CONSIDERING TO EXPAND DRIVE THRU SERVICES.

IT INCLUDES, BUT IS NOT LIMITED TO, AS SOME HAD ADDRESSED AND YOU'VE CONSIDERED TONIGHT AND VOTED UNANIMOUSLY, UNANIMOUSLY, UNANIMOUSLY AGAINST INCREASED TRAFFIC CONGESTION, ENVIRONMENTAL DAMAGES OWED TO VERIFIED AND QUANTIFIABLE IDLING VEHICLES ASSOCIATED WITH DRIVE THRUS THAT GO AGAINST THE CITY COMMUNITY VISION AND OUR CLIMATE ACTION PLAN.

IT ALSO IGNORES THE CHANGES THAT WE'VE ENJOYED THANKS TO THE ADVENT OF APP BASED CURBSIDE PICKUP SERVICE, SOMETHING THAT'S AVAILABLE AT MOST RESTAURANTS WITH DEDICATED PICKUP LANES AS WELL AS OUR GROCERY STORES.

AND WE ARE ABLE TO AVOID PREVENTABLE HARMS TO PEDESTRIANS AND CYCLISTS ALIKE WITH THESE TYPE OF FORWARD THINKING ADAPTATIONS. DRIVE THRU RESTAURANTS, AS MY FRIEND MENTIONED, ARE LOW TAX GENERATING MODELS.

THE PEOPLE WHO WORK AT FAST FOOD RESTAURANTS ARE NOT HIGH SCHOOL STUDENTS OR COLLEGE STUDENTS, AS OUR PEERS SUGGEST, BUT THEY'RE USUALLY HEADS OF HOUSEHOLD, AND THEY'RE SCRAMBLING TO WORK MULTIPLE JOBS TO PROVIDE FOR THEIR FAMILIES.

MEANWHILE, WE'RE ASKING THEM TO ENDANGER THEMSELVES WITH EXPOSURE TO RADON, WHICH IS AN EMISSION THAT COMES OUT OF OUR CARS. AND THAT IS, IN FACT, THE SECOND LARGEST LEADING CAUSE OF LUNG CANCER, THE BIGGEST KILLER IN THE UNITED STATES, SECOND ONLY TO CIGARETTES. AT A TIME WHEN WE IN THE US FACE SO MANY CHALLENGES TO CONNECTING AND RELATING TO ONE ANOTHER.

THE CAR CENTRIC NATURE OF DRIVE THRUS CAN LEAD TO A DECLINE IN SOCIAL INTERACTION AND COMMUNITY ENGAGEMENT.

AS RESIDENTS. YOUR TIME HAS EXPIRED.

PHIL RATH, FOLLOWED BY CATHERINE PARLEE.

GOOD EVENING. MY NAME IS PHIL RATH. TONIGHT I'M HERE REPRESENTING CHICK FIL A.

WE OBVIOUSLY HAVE A STORE IN YOUR COMMUNITY. IT TOOK US A LONG TIME TO FIND A LOCATION TO PLACE A STORE.

PART OF THAT WAS THE PROHIBITION ON DRIVE THRUS.

WE FOUND A GREAT LOCATION. IT'S VERY POPULAR.

I'M HERE TO DISPEL THE MYTH. NO, WE DID NOT SECRETLY GET A DRIVE THRU PERMIT.

EVEN THOUGH A BAN EXISTS. THAT IS SOMETHING WE GET ASKED A LOT.

THERE IS NO DRIVE THRU AT OUR STORE. THE STORE HAS BEEN A SUCCESS.

WE HAVE GREAT EMPLOYEES. THEY'RE WELL PAID. WE WOULD DEFINITELY GROW.

WE WOULD BE ABLE TO SERVE MORE CUSTOMERS IF WE WERE ABLE TO HAVE A DRIVE THRU.

THERE'S A LOT OF EXTREMES IN THIS DEBATE TONIGHT.

I THINK IT'S OBVIOUS TO ALL OF US. NOT EVERY PIECE OF LAND IS APPROPRIATE FOR A DRIVE THROUGH RESIDENTIAL NEIGHBORHOODS, CHURCHES, SCHOOLS. BUT I THINK IT'S ALSO UNLIKELY THAT ABSOLUTELY NO PIECE OF LAND IS APPROPRIATE FOR A DRIVE THRU.

AND I THINK THE OPTIONS BEFORE YOU GIVE YOU A GOOD BREADTH OF OPTIONS.

IN OUR VIEW, OPTION FOUR IS THE BEST CHOICE, PARTLY BECAUSE IT WOULD ALLOW US TO COME FORWARD AND MAKE A PROPOSAL, BUT ALSO BECAUSE IT DOES REQUIRE A CONDITIONAL USE PERMIT.

[03:30:03]

EACH SITE IS SPECIFIC AND THEY NEED TO BE SPECIFICALLY DESIGNED TO AVOID CONFLICTS WITH PEDESTRIANS AND BICYCLISTS AND QUEUING ISSUES.

AND THOSE CAN BE SOLVED, BUT THEY CAN'T BE SOLVED IF YOU JUST GIVE A BLANKET PERMISSION.

SO WE SUPPORT A CONDITIONAL USE PROCESS. WE SUPPORT BEING ALLOWED TO APPLY, AND HAVE A CHANCE TO CONVINCE THE CITY THAT OUR PROPOSAL WOULD BE SAFE.

FINALLY, THERE'S A LOT OF DEBATE ABOUT ENVIRONMENTAL CONSEQUENCES.

AND I KNOW THAT PASSIONS RUN HIGH ON THAT. UNFORTUNATELY, TONIGHT, THE ONLY WAY YOU GET TO A CERTIFIABLE RESEARCHED ENVIRONMENTAL ANALYSIS IS TO SAY YES TO THE PREPARATION OF THE ORDINANCE AND THE ACCOMPANYING CEQA DOCUMENT THAT WOULD PROVIDE YOU THE ANALYSIS TO MAKE A RATIONAL ENVIRONMENTAL DETERMINATION. TONIGHT WE ARE SPECULATING ABOUT ENVIRONMENTAL CONSEQUENCES.

I HAVE OPINIONS, OTHERS HAVE DIFFERENT OPINIONS, BUT WE HAVE NO DATA TO BACK THESE THINGS UP.

IT SEEMS ONLY APPROPRIATE TO, IF ONE IS CONCERNED ABOUT THE ENVIRONMENTAL CONSEQUENCES, TO ASK THAT ACTUAL DATA AND ANALYSIS BE USED TO MAKE THOSE DECISIONS, RATHER THAN USING OUR DRIVE BY CONCEPTUAL PERSPECTIVE OF WHAT THE ENVIRONMENTAL CONSEQUENCES MIGHT BE.

WE SEE IT AT OUR OWN SITE. WE HAVE STALLS WHERE PEOPLE CAN PULL IN AND WAIT FOR THEIR FOOD TO BE BROUGHT TO THEM.

THEY ARE EFFECTIVELY SITTING IN A DRIVE THRU LINE, JUST IN A DIFFERENT ORIENTATION THAN WHAT A DRIVE THRU IS.

THERE'S IDLING OCCURRING AND PEOPLE ARE WAITING.

SO ALL THAT NEEDS TO BE TAKEN INTO ACCOUNT. AND OBVIOUSLY, IF THE RESULTS OF THAT ANALYSIS ARE NEGATIVE, WE WILL HAVE TO WRESTLE WITH THAT. BUT IT SEEMS REASONABLE TO ASK THE QUESTION AND GET THE ANSWERS BEFORE MAKING THE DECISION.

THANK YOU FOR YOUR TIME. I'M CATHERINE PARKER, I PROBABLY MY WRITING IS ATROCIOUS. SO PARTLY I THINK IS WHAT YOU CALLED ME ANYWAY.

UNLESS THERE'S SOMEONE ELSE HERE BY THAT NAME THAT I'M TAKING HER SPOT. ANYWAY I JUST REALIZED IN MAY I'VE LIVED IN CARLSBAD 49 YEARS, SO I'M AN OLD RESIDENT. I WOULD LIKE TO ENCOURAGE YOU TO ADOPT OPTION ONE, WHICH IS TO CONTINUE TO PROHIBIT NEW DRIVE IN RESTAURANTS CITYWIDE.

IDLING IN A LINE AT A DRIVE THRU RESTAURANT CAN BE FROM 5 TO EVEN 10 OR 15 MINUTES BEFORE BEING SERVED.

THIS WOULD CREATE SIGNIFICANT INCREASE IN GREENHOUSE GASES IN THE LONG RUN, AND PEOPLE ARE LIKELY TO BE EATING OUTSIDE IN THE ADJACENT AREAS AND HAVING TO BREATHE THE POLLUTED AIR THIS WOULD CREATE. ALSO, A HEALTH BENEFIT WOULD BE THAT WALKING IS CONSIDERED FAR MORE BENEFICIAL THAN SITTING.

THERE HAVE BEEN MANY ARTICLES PUBLISHED ON THIS EXACT SUBJECT.

THIRDLY, I BELIEVE THE IMAGE WE LIKE TO HOLD OF OUR CITY WOULD BE DENIGRATED BY THE ADDITION OF MORE DRIVE THRU FAST FOOD RESTAURANTS.

IN ADDITION, LEAVING THE MEASURE AS IT IS WOULD ALLOW STAFF TIME AND RESOURCES TO BE SPENT ON SOMETHING MORE IMPORTANT THAN REVISING THE MEASURE AND ENFORCING NEW REGULATIONS. PLEASE CONSIDER NOT CHANGING THE CURRENT POLICY ON DRIVE THRU FAST FOOD RESTAURANTS.

PAIGE TICINO. HELLO MAYOR AND CITY COUNCIL AND STAFF.

MY NAME IS PAIGE TICINO. CARLSBAD RESIDENT. BY FAR THE OVERWHELMING MAJORITY OF THE SUBMITTED WRITTEN COMMENTS ON THIS TOPIC FROM YOUR RESIDENTS, NOT BUSINESSES, WERE IN FAVOR OF MAINTAINING THE BAN ON ADDITIONAL DRIVE THRUS IN THE CITY.

WHY? MOST OF THEM TO MAINTAIN THE CHARACTER OF OUR TOWN, AVOID ADDITIONAL CONGESTION AND YES, ENVIRONMENTAL CONCERNS AS WELL. BACK IN 1997, WHEN THE BAN WAS FIRST BEING CONSIDERED, THE CARLSBAD CHAMBER OF COMMERCE STATED, QUOTE, THE CHAMBER IS VERY CONCERNED ABOUT THE PROLIFERATION OF UNSIGHTLY BUSINESSES AND TRAFFIC CONGESTION IN OUR CITY, AND WE ARE PLEASED WITH THE CITY'S ONGOING EFFORTS TO HAVE CONCISE DESIGN REVIEWS, PARKING STANDARDS AND OTHER GUIDELINES TO PREVENT TRAFFIC CONGESTION AND MEDIOCRITY, UNQUOTE. WHILE THE CHAMBER MAY NOT FULLY SUPPORT THE THE BAN NOW, THEIR RATIONALE BACK THEN REFLECTS THE CONCERNS OF MANY OF OUR CITIZENS NOW. AS A CLIMATE ACTIVIST CONCERNED ABOUT FUTURE GENERATIONS AND THE RESILIENCY OF OUR NATURAL WORLD, I WORRY ABOUT THE NEEDLESS ADDITIONAL GREENHOUSE GAS EMISSIONS THAT WILL RESULT AND THE NEED TO MITIGATE BY LOOSENING THE RESTRICTIONS ON DRIVE THRUS. YOU HEARD FROM THE FIRST TWO SPEAKERS THAT THE ENVIRONMENTAL IMPACTS WERE WERE MINIMAL AND QUOTED, YOU KNOW, QUESTIONED WHERE THE DATA CAME FROM.

BUT THEN LATER ON, YOU HEARD THAT NOT HAVING ENOUGH DRIVE THRUS MEANT THERE WERE MORE VEHICLE MILES TRAVELED SO PEOPLE COULD GET TO OTHER DRIVE THRUS.

[03:35:07]

THERE ARE OPTIONS FOR RESIDENTS, SORRY, FOR RESTAURANTS THAT WERE IMPLEMENTED DURING THE PANDEMIC THAT NEGATE THE NEED FOR MORE DRIVE THRUS.

THEY ARE NOT NECESSARY TO HAVE A SUCCESSFUL BUSINESS HERE.

PLEASE VOTE FOR OPTION ONE. THANK YOU. THERE ARE NO MORE SPEAKERS.

QUESTIONS FROM COUNCIL? MR. SHIN. THANKS FOR THE REPORT.

I JUST HAVE ONE QUESTION, ACTUALLY AND A LOT OF COMMENTS, BUT SO WE HAVE HOW MANY DRIVE THRU RESTAURANTS? CURRENTLY? 12. CURRENTLY. AND THEN WHAT HAPPENS IF, LET'S SAY, 2 OF THEM CLOSE DOWN? DOES THAT MEAN WE'RE ONLY GOING TO HAVE 10? AND THEN, LIKE, IF IT REOCCURS, ARE WE EVER BE ABLE TO LIKE LIMIT IT BACK UP TO 12 OR HOW DOES THAT.

SO TYPICALLY THE MAJORITY OF THE DRIVE THRU RESTAURANTS WERE APPROVED WITH A CONDITIONAL USE PERMIT.

A PERMIT LIKE THAT WOULD TYPICALLY STICK WITH THE LAND UNLESS IT GOES UNUSED FOR A PERIOD OF 12 MONTHS.

SO IF SOMEBODY TOOK OVER THAT RESTAURANT WITHIN A PERIOD OF 10, 12 MONTHS AND STARTED THE OPERATION, THAT DRIVE THRU WOULD COULD CONTINUE UNDER A DIFFERENT NAME.

YES. OKAY. THAT'S ALL. MISS BURKHOLDER. THANK YOU.

I THOUGHT SOME OF THE SPEAKERS BROUGHT UP SOME INTERESTING QUESTIONS THAT I WANTED TO MAYBE SEE IF YOU GUYS HAD HAD INFORMATION ON WHAT WHAT ARE THE ANNUAL THE POTENTIAL FOR ANNUAL TAX GAINS.

I THOUGHT I READ THAT IN THE REPORT, BUT IF YOU.

I'M SORRY, MR. SANFORD, IF YOU WANT TO COME UP.

I SHOULD HAVE PREFACED IT BY THAT. THANK YOU FOR THE QUESTION.

I'M MATT SANFORD, I'M THE ECONOMIC DEVELOPMENT DIRECTOR HERE FOR THE CITY. SO FOR NON DRIVE THRU ESTABLISHMENTS OF A SIMILAR SIZE, THE AVERAGE ANNUAL REVENUE TO THE CITY FOR FROM SALES TAX WAS $22,000.

THE AVERAGE FOR A DRIVE THROUGH ESTABLISHMENT OF AN EQUIVALENT SIZE WAS APPROXIMATELY $30,000.

NOW, THERE'S A LOT OF OTHER FACTORS THERE. THERE ARE CERTAINLY CERTAIN SOME ESTABLISHMENTS THAT OUTPERFORM THOSE NUMBERS BY QUITE A BIT.

OKAY. I HEARD SOMETHING ABOUT REVERSING THE BAN WOULD COST $200,000. WHAT? WHAT IS THE ACTUAL. SO IF WE WENT WITH, ACCORDING TO THE STAFF REPORT, IF WE WENT WITH OPTION TWO, WHICH IS MAINTAINING THE BAN, BUT DOING A PIECEMEAL CASE BY CASE ANALYSIS, ACCORDING TO THE REPORT, IT WOULDN'T COST ANYTHING. BUT OPTIONS THREE, FOUR AND FIVE WOULD HAVE AN IMPACT.

BUT I DON'T KNOW WHAT THAT IS. I'M JUST TRYING TO FIGURE OUT THIS $200,000.

COMMISSIONER SORRY. COUNCIL MEMBER BURKHOLDER.

THE THE COST TO DO AN ENVIRONMENTAL IMPACT REPORT IS APPROXIMATELY $200,000.

THE COST TO DO THAT IS UNKNOWN. WHAT WE'RE RECOMMENDING IF OPTIONS THREE, FOUR AND FIVE ARE SELECTED IS TO RELY ON THE SUBSEQUENT DISCRETIONARY ACTIONS, SUCH AS A CONDITIONAL USE PERMIT, TO EVALUATE THE SITE SPECIFIC IMPACTS.

AND SO WE WOULD LIKELY LOOK TO DO SOME FORM OF ENVIRONMENTAL REVIEW THAT'S LESS THAN THAT $200,000 BECAUSE IT WOULD BE A CITY WIDE CHANGE.

THE CHALLENGE WITH STUDYING IT ON A CITY WIDE BASIS SPECIFICALLY, LOOKING AT THE COMMERCIAL ZONES IS BECAUSE THOSE ZONES ALREADY ALLOW USES.

IT'S UNLIKELY THAT THE DRIVE THRU RESTAURANTS THEMSELVES WOULD BE A HUGE DRAW FROM OTHER CITIES.

IT'S NOT LIKE A REGIONAL RETAIL CENTER THAT WOULD BE PULLING FROM FROM SIGNIFICANT DISTANCE.

SO AN ENVIRONMENTAL ANALYSIS WOULD REALLY BE BETTER ON A SITE SPECIFIC BASIS ASSOCIATED WITH A CONDITIONAL USE PERMIT THAT CAN ALSO LOOK AT INTERSECTION CONTROL AND THE SPECIFICS OF WHAT'S PROPOSED. JUST TO CIRCLE BACK TO OPTION ONE THOSE COSTS WOULD BE ON THE PRIVATE APPLICANTS.

SORRY. OPTION TWO, THEY WOULD BE ON THE COST OF THE APPLICANTS.

THAT WAS MY UNDERSTANDING IS CORRECT. OKAY. THANK YOU.

AND THEN THERE WAS SOME QUESTION OF OF FIRE MITIGATION.

WHAT IS THE EXPENSE FOR FIRE MITIGATION OF A DRIVE THRU? THAT WOULD ALL BE VERY LOCATION DEPENDENT IF IF MOST OF THESE ZONES AND THE OPTIONS PRESENTED ARE EXISTING HARDSCAPE AND SO THEY WOULD BE GOING INTO CURRENT DEVELOPED AREAS. THERE MIGHT BE ADDITIONAL ITEMS WITH FIRE HAZARD MAPS THAT HAVE ADDITIONAL BUILDING REQUIREMENTS, BUT THAT WOULD LIKELY BE WHERE THOSE ARE INCLUDED DIFFERENT MATERIALS, DIFFERENT SPRINKLER SYSTEMS, THAT KIND OF THING. ALL KNOWN TO THE APPLICANT AND THE CITY SO THAT DETERMINATION COULD BE MADE ONCE THE APPLICANT DECIDES.

[03:40:04]

YEAH. OKAY. AND THEN THERE WAS SOME CONCERN WITH WATER INCREASE CAUSING OUR WATER RATES TO INCREASE BECAUSE THESE RESTAURANTS WOULD BE USING MORE WATER. BUT MY UNDERSTANDING IS THAT IF WE BUY MORE WATER, WE'RE USING MORE WATER, BUT OUR RATES GO DOWN BECAUSE WE'RE BUYING IT, THEY'VE GOT IT. SO WE NEED TO BUY IT FROM THEM TO MAKE OUR RATES GO DOWN.

SO I WASN'T UNDERSTANDING THAT. I GUESS WE'RE NOT THE EXPERTS IN THE WATER RATES, BUT WE'D SAY THAT A DRIVE THRU RESTAURANT VERSUS A CONVENTIONAL RESTAURANT SHOULDN'T HAVE A SIGNIFICANTLY DIFFERENT WATER USAGE. OKAY. AND THEN THERE WAS ONE.

I'M CURIOUS IF THERE'S ANY MR. SANFORD, MAYBE THERE'S ANY ECONOMIC IMPACT DATA FOR OUR PEOPLE TRAVELING TO OTHER PLACES TO PURCHASE FAST FOOD.

WE DO NOT HAVE LOCATION BASED DATA. WE KNOW ANECDOTALLY THAT THERE IS RETAIL LEAKAGE OF CARLSBAD RESIDENTS WHO GO TO ESTABLISHMENTS IN OTHER CITIES, BUT WE DON'T HAVE THE THE ACTUAL DATA ON THAT OR THE NUMBERS ON THAT.

YEAH. AND THOSE ARE ALL MY QUESTIONS. I'M MEANT TO SAY THIS AT THE BEGINNING AS A DISCLOSURE, I DID MEET WITH SOMEONE FROM CHICK FIL A, IT WASN'T MR. RATH, RELATIVE TO THE ECONOMIC IMPACT OF A DRIVE THRU AND HOW THEIR STORE IS PERFORMING SINCE IT'S BEEN OPENED.

AND WITH THE CHAMBER OF COMMERCE AND THIS WASN'T THE PRIMARY REASON FOR THE MEETING, BUT WE DID TALK A LITTLE BIT ABOUT DRIVE THRUS.

SO SO THANK YOU. I JUST HAVE COMMENTS. MISS ACOSTA.

THANK YOU. I DON'T THINK THAT WE'RE REQUIRED TO DO DISCLOSURES ON THIS ITEM.

IS THAT RIGHT? REGARDLESS, I ALSO MET WITH THE THE OWNER OF THE LOCAL CHICK FIL A WHO'S ON THE BOARD OF THE CHAMBER OF COMMERCE, AND I SPOKE WITH MR. RATH, WHO SPOKE TONIGHT WHO REPRESENTS CHICK FIL A AND THEY SHARED WITH ME THEIR INTEREST IN THIS.

I ALSO SPOKE WITH BYRON DE ARAKAL GOSH, A YEAR AGO, I THINK MORE THAN TWO YEARS AGO WHEN WE WENT TO VISIT THE LA COSTA TOWN SQUARE, WHICH IS IN MY DISTRICT, AND HE BROUGHT UP THE IDEA OF A DRIVE THRU THERE FOR STARBUCKS AT THE CORNER OF RANCHO SANTA FE ROAD AND LA COSTA AVENUE. SO SOME QUESTIONS FOR YOU, FOR STAFF.

THANK YOU FOR ALL THE WORK THAT YOU HAVE DONE ON THIS.

I HEARD EARLIER THAT THERE ARE 12 EXISTING DRIVE THRU RESTAURANTS.

DO WE HAVE OTHER DRIVE THRU ESTABLISHMENTS IN CARLSBAD AND WHAT ARE THEY? WE HAVE SOME DRIVE THRU BANKS WITHIN THE CITY.

WE DON'T HAVE A SPECIFIC NUMBER OF THAT AND I'D HAVE TO CHECK, ANOTHER COMMON DRIVE THRU IS DRIVE THRU PHARMACIES, BUT SO THAT MIGHT BE WITHIN THE CITY. OKAY. SO THANK YOU.

I DID KNOW THAT. AND THAT'S THE QUESTION THAT I WANTED TO ASK FOR EVERYBODY TO UNDERSTAND.

WE DO HAVE DRIVE THRU BANKS AND ATMS AND, AND PHARMACIES.

AND THOSE ARE NOT PART OF THIS BAN. SO THIS BAN IS FOR FAST FOOD RESTAURANTS AND THERE ARE 12.

AND WHERE ARE THEY LOCATED? WHATEVER YOU CAN GIVE I DON'T KNOW IF YOU'RE PREPARED FOR THIS QUESTION.

YES, YES, BUT I PUT IT AT THE END. SURE. SO WE HAVE FIVE LOCATIONS IN THE VILLAGE PRIMARILY LOCATED ALONG CARLSBAD VILLAGE DRIVE, AS WELL AS THE SUPER DONUT OVER ON GRANT. THE OTHER CLUSTER IS THE FOUR THAT ARE NEAR PALOMAR AIRPORT ROAD AND THE 15.

AND THEN THERE ARE TWO IN THE POINSETTIA VILLAGE SHOPPING CENTER AND ONE BY THE 78 AND EL CAMINO.

GREAT. THANK YOU. SO THROUGHOUT THE CITY, AND IT LOOKS LIKE PRIMARILY OFF THE FIVE FREEWAY FROM THE BIGGER MAP THAT I CAN SEE ON THE LEFT FOR PEOPLE WHO ARE WATCHING.

GREAT. THANK YOU. AND THEN THE CALCULATIONS THAT WERE SHARED ON THE SALES TAX REVENUE, I'M WONDERING IF THEY ARE BASED ON THOSE OR HOW DID YOU COME UP WITH THE THE AVERAGE $30,000 IN SALES TAX REVENUE? I'M I SAW THAT SLIDE. MAYBE YOU WANT TO PUT THAT SLIDE BACK UP, BUT IS IT BASED ON THESE RESTAURANTS OR IS IT BASED ON SOMETHING ELSE? WE LOOKED AT THE AVERAGE OF HOW DRIVE THRU RESTAURANTS PERFORM STATEWIDE.

AND THEN WE COMPARED IT WITH THE NUMBERS FOR CARLSBAD AND CARLSBAD WERE SIMILAR.

THE TO USE A SLIGHTLY DIFFERENT NUMBER. THE MEDIAN REVENUE GENERATION FOR RESTAURANTS IN CARLSBAD IS $2 MILLION ANNUALLY, AND THE MEDIAN NUMBER OF EMPLOYEES WOULD BE 19 EMPLOYEES FOR DRIVE THRU RESTAURANTS.

FOR CARLSBAD SPECIFICALLY, THAT'S ONLY DRIVE THRU RESTAURANTS IN CARLSBAD.

CORRECT. OKAY, GREAT. THANK YOU. AND THESE ARE ALL RESTAURANT CHAINS FROM WHAT I SAW.

[03:45:02]

DO WE HAVE LOCAL SMALL FAMILY BUSINESSES THAT ALSO HAVE DRIVE THRUS THAT ARE FAST FOOD RESTAURANTS? JUST THE SUPER DONUT, WHICH QUALIFIES AS A RESTAURANT UNDER OUR RESTAURANT DEFINITION FOR DRIVE THRUS. OKAY.

SUPER DONUT. STILL THERE. OKAY. IT'S BEEN IT'S GONE THROUGH A COUPLE OF DIFFERENT NAMES THROUGH THE YEARS, BUT YES, IT'S BEEN A DONUT SHOP. IT'S ALWAYS CLOSED WHEN I SEE IT.

OKAY, GREAT. THANK YOU. OKAY. SORRY. CORRECT.

YES. AND [INAUDIBLE], WHICH HAS ALSO GONE THROUGH SOME NAME CHANGES THROUGH THE YEARS IS A MORE LOCALLY ESTABLISHMENT.

NOT NOT CONSIDERED. SO 2 OF THE 12 ARE LOCAL FAMILY BUSINESSES.

THE REST ARE BIG CORPORATE CHAINS. GOT IT. THANK YOU.

I WANT TO DIG IN A LITTLE BIT MORE ON THE COST TO US, BECAUSE WE CERTAINLY SEE IN HERE CHANGING THE BAN, THIS OPTION ONE, PAGE 2 OF 91 ON THE STAFF REPORT UNDER ITEM 10.

IT SAYS THE DRAWBACKS OF MAINTAINING THE CURRENT PROHIBITION DOES NOT ADDRESS THE INTERESTS OF RETAIL MERCHANTS.

RIGHT. AND WE KNOW MOST OF THOSE ARE THE BIG CHAINS.

AND THE OTHER IS THE LOSS OF SALES TAX REVENUE.

BUT ANOTHER IS JUST THE COST IN GENERAL OF CHANGING THIS.

SO WE TALKED FOR A MOMENT ABOUT THE EIRS AND THAT'S ABOUT $200,000.

IF WE DID IT IN OPTION TWO, THE APPLICANT WOULD ASSUME THE COST AND ENVIRONMENTAL ANALYSIS.

HOW MUCH IS THAT? IS THAT THE $200,000 OR IS IT MORE? IT WOULD DEPEND UPON THEIR SPECIFIC SITE PROPOSAL.

THEY WOULD BE RESPONSIBLE FOR HIRING THE ENVIRONMENTAL CONSULTANTS SO THEY WOULD BEAR ALL OF THOSE COSTS.

THEY WOULD ALSO PAY FEES TO US TO PAY FOR OUR STAFF TIME.

THOSE FEES, DEPENDING ON EXACTLY WHAT THEY DO, ARE LIKELY IN THE TENS OF THOUSANDS OF DOLLARS FOR A PROJECT OF THIS MAGNITUDE.

OKAY. AND THEY WOULD REIMBURSE US FOR OUR STAFF TIME.

THEY PAY THE FEES AND REIMBURSE US FOR THE STAFF TIME, AND THEN THEY DIRECTLY PAY FOR THE CONSULTANTS TO PREPARE ANY ENVIRONMENTAL DOCUMENTS.

OKAY, BUT THEY'RE NOT THEIR CONSULTANTS, SO THEY'RE NOT THEIR OWN STUDIES.

I ALWAYS WORRY ABOUT THAT WHEN DEVELOPERS ARE DOING THEIR OWN ENVIRONMENTAL STUDIES.

CORRECT. SO TITLE 19 ESTABLISHES THAT WE WOULD BE RESPONSIBLE FOR SELECTING THE CONSULTANTS AND AN RFP PROCESS.

AND THEY WOULD BE RESPONSIBLE FOR ENTERING AN AGREEMENT AND PAYING THE BILLS. SO IT WOULD BE OUR CONSULTANTS. OKAY. AND THEN I HAVE A QUESTION RELATED TO IS THIS ALL RELATED TO COST AND COST TO THE CITY? COST TO US AND THEREFORE TO OUR TAXPAYERS.

ONE OF THE SPEAKERS SPOKE ABOUT DOING AN ANALYSIS AND HOW WE SHOULD DO A STUDY.

AND I HEARD SOMEWHERE THAT THAT WAS A $2 MILLION, I DON'T KNOW WHICH SPEAKER IT WAS WHO SAID THAT TO DO THE BROADER ANALYSIS OF THIS, WHO'S GOING TO PAY FOR THAT? DID YOU HEAR THOSE COMMENTS AS WELL? I DON'T RECALL THE SPECIFIC CONTEXT OF THOSE COMMENTS.

THE $2 MILLION NUMBER WAS WAS NOT A NUMBER THAT SPECIFICALLY CAME FROM US.

SO WE COULDN'T SPEAK TO THE ORIGIN OF THAT. OKAY.

HOW WOULD THIS CHANGE OUR CAP, OUR CLIMATE ACTION PLAN, AND THE THINGS THAT WE HAVE IN THERE TO REDUCE GREENHOUSE GAS EMISSIONS? BECAUSE I KNOW THERE'S A COST RELATED TO THAT.

WE'RE GOING TO HAVE TO FIND OTHER PLACES IF WE'RE GOING TO ALLOW FOR MORE GHGS FROM ONE SOURCE, YOU HAVE TO KEEP THEM BELOW THE LIMIT. SO YOU HAVE TO FIND ANOTHER PLACE TO CUT THAT DOWN, MAYBE PUT MORE RESTRICTIONS ON BUSINESSES FOR OTHER THINGS.

SO HOW WOULD THIS AFFECT OUR CAP? MAYBE SOMEONE CAN ANSWER THAT QUESTION.

THE THE CLIMATE ACTION PLAN STUDIED THE LAND USES THAT ARE ALLOWED.

AND IT USED THE SAME MODEL THAT WE CREATED FOR THE HOUSING ELEMENT ENVIRONMENTAL IMPACT REPORT.

IF THE USES ARE LIMITED TO THOSE COMMERCIAL ZONES, THERE WAS SIGNIFICANT TRIP GENERATION AND OTHER RATES THAT WERE ALREADY ASSUMED AS PART OF THAT, IT WOULD BE CHALLENGING TO DIFFERENTIATE WHAT WAS A ONE RETAIL USE VERSUS A DRIVE THRU, EXCEPT FOR ON THAT PROJECT BY PROJECT BASIS. AND SO IF A PROJECT CAME FORWARD WITH A CONDITIONAL USE PERMIT, THAT PROJECT WOULD BE RESPONSIBLE FOR DOING ITS OWN ENVIRONMENTAL EVALUATION, STUDYING THEIR TRIPS, THEIR TRAFFIC RESULTING THAT IN GREENHOUSE GAS EMISSIONS AND THEY WOULD BE REQUIRED TO MITIGATE THAT.

SO THAT'S THAT WOULD BE HOW IT IS ADDRESSED THAT THEY WOULD NEED TO TO MITIGATE THEIR PROJECT SPECIFIC IMPACT.

I THINK MAYBE I DIDN'T ASK THE QUESTION CORRECTLY.

WE HAVE MANY OPTIONS ON THE TABLE. ONE IS TO MAINTAIN THE CURRENT BAN, AND THAT HAS NO COST BECAUSE THAT IS ALREADY INCLUDED IN THE CLIMATE ACTION PLAN, AND IT'S ALREADY INCLUDED WITH EVERYTHING THAT WE'RE ALREADY DOING. WE'VE HAD THIS IN PLACE FOR SINCE 1998, FOR A LONG TIME 27 YEARS NOW. IF WE ARE TO OVERTURN THE BAN OR DO ANYTHING ON THE SPECTRUM BETWEEN THAT IT'S GOING TO CHANGE OUR GREENHOUSE GAS EMISSIONS IN OUR CITY.

SO WHAT IS THE VARIATION? IT WILL CHANGE HAVING FAST FOOD.

[03:50:03]

WE WOULD BE LOOKING WHEN WE DID IT SO IT WOULDN'T AFFECT OUR CURRENT CAP THAT COUNCIL JUST APPROVED WHEN WE DID THE NEXT CLIMATE ACTION PLAN UPDATE, WE WOULD BE LOOKING AT THE INVENTORY, AND WITH THAT WOULD BE INCLUDED.

ANY NEW UPDATES THAT HAVE HAPPENED SINCE THEN THAT WOULD ALSO BE LOOKING AT FEDERAL STATE CHANGES.

WE'D BE LOOKING HOLISTICALLY AT WHERE WE ARE AND ANYTHING THAT WOULD HAPPEN THROUGH THAT, THROUGH TRANSPORTATION, THROUGH VEHICLE MILES TRAVELED, ANY OF THAT WOULD BE CONSIDERED.

WE WOULD ALSO BE LOOKING AT MILES TRAVELED OUTSIDE THE CITY FOR PEOPLE GOING OUTSIDE THE CITY TO FAST FOOD RESTAURANTS, ALL THAT WOULD BE CONSIDERED IN THAT. AND THEN WE WOULD HAVE TO MITIGATE WHATEVER THOSE DISTANCES WERE.

SO WE WOULD JUST WE WOULD BE LOOKING AT IT HOLISTICALLY WITH ANYTHING THAT WE WOULD BE LOOKING AT IN THOSE INVENTORIES.

OKAY. AND WHEN IS THE CAP UPDATE? IS THAT AN ANNUAL UPDATE OR HOW OFTEN IS THE CAP UPDATED? THEORETICALLY, WE WOULD BE DOING IT EVERY FIVE YEARS.

SO WE WOULD BE LOOKING AT THAT AGAIN IN WE JUST DID IT IN 2024, SO IT'D BE 2029.

OKAY. SO WE WOULDN'T READJUST OUR CAP UNTIL 2029.

WELL, IT LOOKS TO ME LIKE IF WE DID, WE WOULD HAVE TO WE WOULD HAVE TO MOVE THAT WAY UP BECAUSE THIS IS DEFINITELY GOING TO IMPACT OUR GHGS.

BUT THANK YOU FOR RESPONDING TO THE QUESTION.

ONE MORE QUESTION RELATED TO THAT MAP THAT YOU SHOWED ABOUT WHERE THE CURRENT DRIVE FAST FOOD DRIVE THRUS ARE LOCATED.

THEY ALL SEEM TO BE OFF THE FIVE. AND OF THE OPTIONS HERE, WE TALK ABOUT THE DIFFERENT AREAS, POTENTIAL FOR DIFFERENT AREAS WHERE THESE DRIVE THRUS MIGHT BE.

ARE WE WE TALK ABOUT CL ZONE SHOPPING CENTERS.

ARE WE LIMITING THEM TO OFF THE FIVE FREEWAY OR NOT.

NO THE CL ZONE WHICH IS THE OPTION THREE KIND OF THE LIMITED MOST LIMITED.

AGAIN, THOSE SHOPPING CENTERS ARE SPACED OUT.

AND AS YOU CAN SEE THEY DON'T NECESSARILY CORRELATE TO THE FIVE.

THEY DO CORRELATE TO MAJOR THOROUGHFARES EL CAMINO AND PALOMAR AIRPORT ROAD, AS WELL AS SANTA FE ROAD OR RANCHO SANTA FE.

DO WE HAVE ONE THAT'S A MAP THAT'S THE WHOLE CITY.

ANY CHANCE I SEE OPTION THREE SOUTH? YEAH. OKAY.

YEAH, I'M JUST ASKING BECAUSE RIGHT NOW IT LOOKS LIKE THEY'RE ALL CLUSTERED OR KIND OF ORGANICALLY AND FROM BACK IN THE DAY AROUND THE FIVE FREEWAY WHERE PEOPLE COULD MORE CONVENIENTLY GET OFF, THIS PUTS THEM INTO OUR RESIDENTIAL NEIGHBORHOODS.

SO EVEN MORE OF A GHG CONCERN FOR OUR LOCAL COMMUNITIES AND A TRAFFIC CONCERN.

SO I HAVE COMMENTS NO MORE QUESTIONS. THANK YOU, MISS BHAT-PATEL.

LET'S GO WITH COMMENTS. MR. SHIN. YEAH. SO OKAY, HERE WE GO.

SO I'VE OWNED A RESTAURANT FOR FIVE YEARS, AND AND THEN I'M ALSO PART OF THE CITY.

I SO BECAUSE I'M A RESTAURATEUR, I HAD CANVASED EVERYBODY ABOUT THIS TOPIC BECAUSE I KNEW IT WAS GOING TO BE JUST SOMETHING THAT I WAS GOING TO BE PASSIONATE ABOUT IN ONE WAY OR ANOTHER. I DO THINK THAT THE VAST MAJORITY OF WHY PEOPLE WANT TO SEE IT BANNED IS MOSTLY ABOUT COMMUNITY CHARACTER AND ABOUT THE ESTHETICS OF HOW OUR CITY IS GOING TO BE FIRST AND FOREMOST. AND SO I'M GLAD THAT, YOU KNOW, IF WE GO THROUGH ANY OPTION THAT THE VILLAGE BARRIO MASTER PLAN DOES NOT REALLY INCLUDE THIS ASPECT OF IT TO KIND OF PRESERVE THAT SIDE AND ALSO THE DENSITY OF WHAT'S TAKING PLACE INSIDE THE VILLAGE.

I TOOK DOWN A LOT OF NOTES. SO THIS IS A LITTLE BIT PEPPERED.

SO MY APOLOGIES FOR THIS NOT BEING COMPLETELY SEQUENTIAL, BUT I DO WANT TO PUSH BACK A LITTLE BIT WHEN WE DO TALK ABOUT ABOUT CHAINS.

SO THERE ARE CORPORATE THERE ARE CORPORATE BUSINESSES AND THEN THERE ARE FRANCHISE BUSINESSES, AND FRANCHISE BUSINESSES ARE MOM AND POPS THAT HAVE DECIDED THAT THERE'S A GOOD MODEL BEHIND THAT BUSINESS, AND THEN THEY GET SUPPORT BEHIND IT. SO WHEN I OPENED UP MY RESTAURANT, I ALSO HAD A STAKE INSIDE THE HILTON AS A FRANCHISE.

AND JUST BECAUSE IT'S A HILTON AND EVERYONE THINKS IT'S THIS BIG THING GOING ON, I'M PAYING FRANCHISE FEES AND AND I'M UP TO A LOT OF COSTS IN REGARDS TO THAT.

SO I JUST WANT TO MAKE SURE THAT WHEN WE'RE TALKING ABOUT CHAINS AND WE'RE IDENTIFYING PEOPLE WHO ARE TRYING TO OPEN UP BUSINESS AND THEY'RE PUTTING THEIR ENTIRE LIFE SAVINGS, THAT IT'S WHO IS IT REALLY THAT'S ACTUALLY OPENING UP THESE BUSINESSES.

[03:55:03]

WHEN I DID A LOT OF THIS SURVEYING, I NOTICED A GROWING TREND OF OF TWO PEOPLES.

ONE WERE PARENTS. SO FOR ME, WHEN I HAD MY PROBABLY UP TO TODDLER AGE AND I COULDN'T REALLY TAKE THEM OUT OF THE CAR AND THAT FIVE POINT CEDAR I KNOW AFTER SPEAKING TO A LOT OF MOMS AND EVEN MYSELF WITH MY TWO DAUGHTERS, THERE IS A LOT OF LOGISTICS TO ACTUALLY TAKING TWO CHILDREN OUT OF THE VEHICLE, PICKING UP FOOD AND COMING BACK IT AFTER YOU'RE TIRED AND YOU'RE JUST TRYING TO GET THE DINNER GOING THERE'S THERE'S A HURDLE BEHIND THAT.

I HEARD IT A LOT, PARKS, SCHOOLS, I JUST I ASKED ALL AROUND, EVERYWHERE.

THE NEXT THING IS A PERSON LIKE MYSELF. SO I'M A DISABLED VETERAN I GOT KNOCKED OUT OF THE FIRE DEPARTMENT BECAUSE OF MY DISABILITY.

I HAD MY NECK FUZED. AND THERE IS THERE IS A LOT OF STEPS TO TRY TO GET OUTSIDE OF THE VEHICLE AND TRY TO PICK UP FOOD.

DRIVE THRUS ARE CONVENIENT IN THAT FACTOR. I DON'T SAY THAT THEY NEED TO BE PEPPERED EVERYWHERE AND EVERY PLACE NEEDS TO BE IT.

BUT THESE ARE CONSIDERATIONS THAT I JUST TAKE.

THERE ARE EMERGING TRENDS RIGHT NOW BECAUSE OF WHAT TOOK PLACE WITH COVID AND JUST WITH TECHNOLOGY.

SO THERE'S TWO MODELS THAT I'VE SEEN THAT HAVE BEEN POPPING OUT.

ONE IS THAT FULL SERVICE RESTAURANTS HAVE TO NOW DO A LOT OF TAKEOUT, AND IT'S NOT WHAT FULL SERVICE RESTAURANTS REALLY WANT EVER WANTED TO DO.

WE WANTED TO CATER, WELCOME PEOPLE IN AND HAVE THEM SIT DOWN.

THERE'S SOMETHING VERY INTENTIONAL ABOUT WHEN YOU WANT TO GO TO A SIT DOWN RESTAURANT, AS OPPOSED TO GOING TO GET TAKEOUT OR TO GO THROUGH A DRIVE THRU, AND THERE'S A TIME AND PLACE FOR EACH ONE. SO FOR ME, 90% OF THE TIME I GOT TO GET SOMEWHERE, I GOT TO GO, I GOT MY KIDS, I GOT BASKETBALL, I GOT ALL THESE THINGS I GOT TO DO.

AND AND THE DINNER ASPECT TAKES PLACE IN CERTAIN AREAS, AND THEY DON'T ALWAYS TAKE PLACE IN A SIT DOWN RESTAURANT.

I THINK THERE ARE LET'S TALK ABOUT THE TRAFFIC CONTROL.

SO WHEN IT COMES TO TRAFFIC, I THINK THAT THIS IS GOING TO BE A BE A RELATIONSHIP BETWEEN THE CITY THE LANDOWNER AND THE TENANT.

THEY'RE THE ONES THAT ARE GOING TO CREATE THIS RELATIONSHIP OF WHETHER OR NOT THE TRAFFIC IS GOING TO WORK OR NOT. THE ONE THING I DO HATE ABOUT DRIVE THRUS IS THAT IF WE'RE LOOKING AT THIS IS THE RIGHT OF WAY, AND SOMEONE HAD MADE A COMMENT IN REGARDS TO THE IN AND OUT THAT'S OFF OF HACIENDA, AND I NOTICED THAT TOO. AND THAT'S WHAT I DON'T WANT TO SEE WHEN IT COMES TO TO DRIVE THRUS, IS THAT IT'S NOT GOING TO IMPACT THE RIGHT OF WAY AND POSSIBLY CAUSE ACCIDENTS.

BUT IF THE TENANT AND ALSO US AS A CITY AND THE THE LANDLORD CAN MAKE SOMETHING COPACETIC I'M A SUPPORTER OF IT.

ENVIRONMENTAL CONCERNS. SO THIS WAS BROUGHT UP A LOT RIGHT HERE.

THIS IS A WEIRD ONE FOR ME. BECAUSE I'M SEEING TWO THINGS TAKE PLACE RIGHT NOW THROUGHOUT THE STATE.

WE ARE TRYING TO MAINTAIN OUR ENVIRONMENT AND DO EVERYTHING GREAT.

THERE ARE STATE STANDARDS RIGHT NOW SAYING THAT WE'RE GOING TO GO THROUGH ELECTRIC BY 2035.

THAT PUSH IS ALSO CREATED SOMETHING WHERE THE STATE IS NOW SAYING THAT THEY'RE LOSING GAS TAX REVENUE BECAUSE THEY ARE NOT SEEING AS MANY PEOPLE DRIVE WITH GASOLINE VEHICLES.

SO THAT MEANS SOMETHING IS GOING ON WITH AN EMERGING TREND THERE, MEANING THAT ELECTRIC VEHICLES ARE POPPING UP HIGHER.

SO IF WE WERE ABLE TO DO SOMETHING LIKE OPTION TWO AND SLOWLY METER OURSELVES TO HAVING DRIVE THRUS AND JUST SEEING HOW A COUPLE OF THEM WORK AND IS IT GOING TO BE EXTREMELY IMPACTFUL, I COULD SEE THAT AS AN OPTION, AS EXPERIMENTAL FOR OUR CITY TO JUST SEE HOW THAT IS AS OPPOSED TO AN OUTRIGHT BAN.

I DO GET NERVOUS IF LIKE CERTAIN RESTAURANTS WERE TO CLOSE AND THEN ALL OF SUDDEN WE'RE NOT ABLE TO GET A DRIVE THRU GOING AGAIN, THEN THAT MIGHT BE A SERVICE THAT'S NOT GOING TO BE PROVIDED FOR OUR COMMUNITY.

AND THEN, YEAH, I THINK I'M, I'M AS CONSERVATIVE AS MUCH AS GOING WITH OPTION TWO.

I'M NOT A FAN OF JUST OPTION ONE AS A BAN. I THINK IT WOULD BE GREAT FOR US TO BE ABLE TO DISCUSS AND SEE IF IF WE COULD CREATE SOME OF THESE SPACES FOR THESE BUSINESSES.

JUST TO LET YOU KNOW, LIKE MY RESTAURANT AT ITS PEAK WAS PRODUCING $1.8 MILLION IN REVENUE, RIGHT? NOT A LOT OF MARGIN, THOUGH. JUST TO LET YOU GUYS KNOW, BUT FOR TAXES, I WANT TO SAY THAT THE TAX MAN WAS MAKING MORE MONEY THAN I WAS MAKING.

SO THERE IS AN ECONOMIC INTEREST IN THIS. AND WHEN WE TALK ABOUT COSTS, ABOUT WHEN WE TALK ABOUT COSTS FOR BUSINESS AND LIKE HOW IT'S GOING TO IMPACT US AS A CITY, I WANT TO LET YOU KNOW THAT THOSE THAT TAX REVENUE COMES BACK.

SO THE MORE WE RECIPROCATE AND WE ALLOW PEOPLE TO HAVE A MORE FLOURISHED BUSINESS, THE MORE WE GET IT BACK.

SO LET'S JUST TALK ABOUT TAXES JUST FOR ONE SECOND, BECAUSE I ALWAYS HAD TO SAY THIS.

I'M NOT A BIG FAN OF RAISING TAXES BY PERCENTAGE.

I'M A FAN OF VOLUME. SO THE MORE BUSINESS WE HAVE, THE MORE REVENUE WE GET, AND THEN THE MORE PARKS AND THE MORE GARDENS WE CAN CREATE,

[04:00:01]

I'M A FAN OF, AT THE VERY LEAST, OPTION TWO. I THINK THE OTHER ONES NEED A LITTLE BIT MORE MASSAGING AND TIME WITH.

THANKS. MISS BURKHOLDER. THANK YOU. MAYOR. I AGREE WITH MOST OF EVERYTHING MY COLLEAGUE SAID, AND I'LL HELP YOU UNDERSTAND THE TREND THAT I THINK YOU'RE SEEING OF ALL OF THE FRANCHISED CAR DEALERSHIPS.

LAST YEAR, 260,000 VEHICLES WERE SOLD IN SAN DIEGO COUNTY, AND 22.9% OF THEM WERE EVS.

AND THAT'S A 3% INCREASE FROM LAST YEAR. SO I THINK WE'RE DOING GREAT ON THAT AS FAR AS PROTECTING THE ENVIRONMENT.

I WAS CURIOUS. I BELIEVE THERE WAS MENTION OF THE CLIMATE ACTION PLAN AND IF PERHAPS IT'S MY UNDERSTANDING THAT WE ARE MORE AGGRESSIVE IN OUR GOALS AS A CITY RELATIVE TO THE CLIMATE ACTION PLAN.

SO WE'RE NOT ONLY MEETING WHAT THE STATE SAYS, WE'RE EXCEEDING THAT.

THAT'S MY UNDERSTANDING. SO I THINK THAT'S A GOOD THING, TOO.

I AGREE WITH MY COLLEAGUE THAT AN ALL OUT BAN DOESN'T SEEM TO MAKE SENSE IN 27 YEARS LATER, THAT OPTION TWO SEEMS TO BE THE REASONABLE THING TO HAVE SOMEONE THAT ASKS FOR A CONDITIONAL USE PERMIT.

THEY HAVE TO GO THROUGH ALL OF THE REQUIREMENTS THAT WE HAVE.

THEY COME BACK TO US, AND THEN WE GET TO DECIDE IF, YOU KNOW, IF THIS IS SOMETHING.

AND THE REASON I LIKE THAT IS NOT ONLY DOES IT NOT REQUIRE STAFF TIME, ESSENTIALLY BECAUSE REZONING REQUIRES A LOT OF STAFF TIME.

AND I THINK OPTION THREE, FOUR AND FIVE ALL INCLUDED THAT.

BUT WE CAN WE CAN HAVE A MORE THOUGHTFUL PROCESS.

SO WE'RE NOT JUST OPENING A FLOODGATE AND SAYING, YOU KNOW, LET'S PUT ONE HERE, HERE, HERE, HERE, HERE. AND WE CAN GET IN SANFORD'S DEPARTMENT YOU CAN GET FEEDBACK FROM THE BUSINESSES THAT, YOU KNOW, WANT TO PLACE DO BUSINESS IN CARLSBAD.

SO I AGREE WITH MY COLLEAGUE FOR OPTION TWO, AND I'M CURIOUS OF WHAT THE OTHERS WILL SAY.

THANKS. MISS ACOSTA. THANK YOU. THANKS FOR ALL THE HARD WORK.

THANKS TO ALL THE SPEAKERS WHO CAME. I REALLY APPRECIATE HEARING ALL THE CONVERSATION.

I'VE HEARD A LOT ABOUT THIS TOPIC FOR A LONG TIME AND PROBABLY STARTING A COUPLE YEARS AGO WHEN I FIRST WENT OUT TO VISIT LA COSTA TOWN SQUARE. AND WHEN WE TALKED ABOUT THAT THAT DRIVE THRU THERE.

SO I I, AS YOU COULD TELL FROM MY QUESTIONS, I'M CONCERNED ABOUT THE COSTS.

AND I THINK THAT'S KIND OF THE THEME RIGHT NOW AS WE'RE LOOKING AT RISING COSTS AND COST OF LIVING ALL OVER.

I'M CONCERNED ABOUT COST FOR THE CITY BECAUSE THAT'S OUR TAXPAYER MONEY, AND WE NEED TO BE RESPONSIBLE ABOUT HOW WE'RE USING IT.

I THINK THREE, FOUR AND FIVE ARE OPTIONS THAT PUT A LOT OF COST BURDEN ON US, ON OUR STAFF AND ON THE CITY, AND THEY MAKE THINGS REALLY COMPLICATED. SO THE MORE I LOOKED AT THOSE, THE MORE I DIS LIKED THEM.

SO I WAS LOOKING MOSTLY AT ONE AND TWO. I UNDERSTAND THE FRANCHISE ARGUMENT, AND I KNOW THAT ABOUT CHICK FIL A, FOR EXAMPLE, IS FRANCHISE AS A FRANCHISE OWNER.

AND I KNOW THAT'S ONE OF THE INTERESTED PARTIES WHEREAS LIKE, STARBUCKS ISN'T BUT I I CONTINUE TO THINK ABOUT WHY WOULD WE MAKE THE CHANGE, LIKE WHERE WHERE WOULD THAT COST BURDEN FALL? AND I WANT TO MAKE SURE IT'S NOT ON US. IT'S NOT ON THE CITY.

IT'S NOT ON OUR RESIDENTS. AND I DO THINK THE ONUS IS THEN ON ON THE BUSINESS COMMUNITY AND THE BUSINESSES WHO WANT TO MAKE THIS CHANGE, BECAUSE WE WANT TO MAKE SURE THAT WE'RE BEING SMART AND STRATEGIC AND NOT BEING WASTEFUL OF MONEY AND WE DON'T WANT TO MAKE THINGS CONFUSING.

SO RIGHT NOW IT'S NOT CONFUSING AND IT DOESN'T COST US ANYTHING, AND IT IS WHAT IT IS. AND IT'S BEEN THAT WAY FOR FOR 27 YEARS.

SO THOSE WERE MY INITIAL THOUGHTS. AND THEN I GO BACK TO THE COMMUNITY THAT WE ARE, THE CARLSBAD THAT WE ARE, AND WHY I MOVED HERE MORE THAN 15 YEARS AGO WHEN MY DAUGHTER WAS 12, WHEN WE FOLLOWED MY MOM FROM LA TO CARLSBAD, AND WE PUT DOWN ROOTS HERE. AND OBVIOUSLY WE HAVE VERY DEEP ROOTS HERE.

AND I'VE HAD FOUR GENERATIONS OF MY FAMILY LIVING HERE, FROM MY GRANDMA AND ASSISTED LIVING, WHO HAS SINCE PASSED AWAY ALL THE WAY DOWN TO MY DAUGHTER GOING TO SCHOOL HERE, GROWING UP HERE AND GRADUATING FROM HIGH SCHOOL HERE.

SO WE LOVE CARLSBAD FOR ALL AGES. AS A SINGLE MOM, I HEAR YOU.

I KNOW THE STRUGGLE OF TRYING TO, YOU KNOW, QUICKLY, QUICKLY GET FOOD FOR YOUR FAMILY.

I'M A COOK, SO I TRY TO COOK AS MUCH AS I CAN AT HOME.

BUT I UNDERSTAND. I UNDERSTAND THE CONVENIENCE AND THE INTEREST IN HAVING THIS.

BUT THE NUMBER ONE THING IS WE CAME TO CARLSBAD AND WE LOVE CARLSBAD BECAUSE IT IS A CLEAN,

[04:05:02]

WE CAME FROM LA AND I DON'T WANT OUR CITY TO BE A STOP OFF THE FIVE FOR PEOPLE TO GRAB FOOD FROM A FAST FOOD LOCATION AND MOVE ALONG. WE ALREADY HAVE 12 OF THOSE, AND I THINK THAT THAT IS NOT THE KIND OF FUTURE WE WANT FOR CARLSBAD.

I KNOW. IN FACT, I SAID, I THINK I KNOW FOR ME, BUT I KNOW FROM THE CARLSBAD COMMUNITY VISION THAT WE VALUE OUR QUAINT BEACH TOWN CHARM.

THAT'S A DIRECT QUOTE FROM CARLSBAD COMMUNITY VISION.

WE VALUE SUSTAINABILITY, OUR NATURAL RESOURCES, AND I WANT TO PUT OUR COMMUNITY VALUES FIRST AND FOREMOST.

I WANT TO PUT RESIDENTS FIRST AND FOREMOST ABOVE SALES, SMALL SALES TAX INCREMENTAL GAIN THAT IS MUCH LESS THAN SOME OF THE OTHER THINGS THAT WE EVALUATED. IF YOU WANT TO GO BACK TO LOOKING AT SOMETHING LIKE THE TOT AND INCREASING THE TOT, YOU WOULD SEE THE KINDS OF GAINS THAT THAT WE'RE TALKING ABOUT.

BUT WE DECIDED NOT TO DO THAT. AND I CERTAINLY DON'T THINK THIS IS THE PLACE WHERE WE'RE GOING TO MAKE THE SALES TAX REVENUE.

I THINK IT WOULD HARM OUR RESIDENTS. AND I SUPPORT THE ALL OUT BAN THAT WE CURRENTLY HAVE OPTION ONE, THANKS. MISS BHAT-PATEL. YES. THANK YOU. THANKS FOR THE PRESENTATION.

THANK YOU TO THE SPEAKERS FOR BEING HERE. SO I'M JUST GOING TO WALK THROUGH SOME OF THE THOUGHTS THAT I HAD AND THEN ALSO JUST SHARE, YOU KNOW, WHAT MY CONSTITUENTS HAD TO SAY.

OF COURSE I HAVE MY OWN PERSONAL THOUGHTS, BUT I'M HERE TO REPRESENT MY COMMUNITY. AND SO I WANT TO I WANT TO SHARE THAT I HAD OBVIOUSLY, WE RECEIVED A LOT OF EMAIL CORRESPONDENCES, TEXT MESSAGES, PHONE CALLS REGARDING ALL OF THIS.

I ACTUALLY DID MY OWN KIND OF SIMILAR TO WHAT COUNCIL MEMBER SHIN WAS SAYING.

I WENT OUT AND TALKED TO FOLKS WE HAD I HAVE STUDENTS WHO WORK WITH ME.

THEY DID SOME SURVEYING AS WELL. AND I HAVE TO SAY, THE EMAILS RESOUNDINGLY THAT I RECEIVED, ESPECIALLY FROM MY DISTRICT, WERE AGAINST AND IT WAS TO MAINTAIN THE BAN.

THE SURVEY WE DID WAS SPLIT, WHICH WAS INTERESTING.

AND I HAVE TO TELL YOU, AND I SHARED THIS WITH FOLKS THAT I SPOKE TO WHETHER THEY WERE RESIDENTS OR THE BUSINESS COMMUNITY, THAT IT WAS SPLIT. AND THAT WAS WHERE I WAS LIKE, WELL, WHICH WHICH WHAT MAKES THE MOST SENSE, YOU KNOW? AND WHERE DOES OUR WHERE DOES OUR COMMUNITY WANT TO GO? AND HONESTLY, AFTER ALL OF THE FEEDBACK AND SITTING DOWN AND PARSING THROUGH IT IT DID PRETTY LOUDLY SAY MAINTAINING MAINTAINING THAT BAN, WHICH WAS OPTION ONE. I DO HAVE TO SAY, YOU KNOW, I'LL KIND OF SHARE HOW I FELT AS I WAS MAKING THIS DECISION BECAUSE IT WAS DEFINITELY HARD, AND I KNOW MANY OF YOU HEARD ME WALK THROUGH THAT.

THE REASON BEING, YOU KNOW I FEEL LIKE THERE ARE DEFINITELY A LOT OF DIFFERENT CONSIDERATIONS TO, TO BE TO BE THOUGHT ABOUT, ESPECIALLY AS WE TALK ABOUT THE COST OF LIVING.

ALSO JUST THE CONVENIENCE FACTOR THAT I KNOW FOLKS BROUGHT UP.

SO THE FOLKS THAT WERE PRO IT, I KNOW WANTING TO CHANGE IT AND POTENTIALLY HAVE SOME OPTIONS.

THEY MENTIONED THE CONVENIENCE FACTOR. I TALKED TO A LOT OF PARENTS.

THERE WERE SOME THAT WERE FOR IT, SOME THAT WERE AGAINST AND THOSE THAT WERE FOR IT DID MENTION THAT IT WOULD ALLOW FOR THEM TO HAVE THAT CONVENIENCE.

THE OTHER PIECE WAS AND AS, ESPECIALLY AS SOMEBODY WHO'S IN PUBLIC HEALTH, THE COST OF LIVING PIECE AND BEING ABLE TO PROVIDE A MEAL FOR YOUR FAMILY, I THINK RIGHT NOW, I'M SURE. AND WE TALKED ABOUT YOU KNOW, JUST THE, THE WHAT IT LOOKS LIKE IN THE STATE OF CALIFORNIA AND HOW WHEN YOU GO GET GROCERIES, I MEAN, MANY OF US IN THIS ROOM MIGHT HAVE THE PRIVILEGE TO GO SPEND UPWARDS OF 200 $250 JUST TO GO FEED YOUR FAMILY FOR THE WEEK. HOWEVER, AT THE VERY LEAST, THERE'S THIS OPTION OF POTENTIALLY PROVIDING A COUPLE MEALS OR A MEAL FOR FOR YOUR FAMILY.

SO I DO HAVE TO SAY THAT THERE WERE A LOT OF DIFFERENT THINGS THAT I WAS THINKING ABOUT AND CONSIDERING.

HOWEVER, AS I CONSIDER THE FEEDBACK FROM MY MY COMMUNITY AND MY DISTRICT SPECIFICALLY, MAJORITY OF THE FOLKS SAID THAT THEY WOULD PREFER THAT OPTION ONE.

SO THAT'S WHERE I'LL BE STANDING TONIGHT. BUT I DO WANT TO SAY THANK YOU TO THE BUSINESS COMMUNITY FOR REACHING OUT AND TALKING TO ME AND BEING WILLING TO ENGAGE WITH ME ON THIS. IT WAS A DIFFICULT DECISION.

AND I DO WANT TO SAY I REALLY APPRECIATE THE AMOUNT OF RESPECT THAT I RECEIVED DURING THOSE CONVERSATIONS.

IT'S HARD TO BE IN PUBLIC SERVICE THESE DAYS, AND I JUST APPRECIATE THE OPEN DIALOG AND BEING ABLE TO HAVE THOSE CONVERSATIONS.

SO THANK YOU. THE INPUT WE GOT TONIGHT FROM BOTH SIDES.

THEY HAVE BOTH OF BOTH SIDES HAVE VERY VALID ARGUMENTS.

AND I APPRECIATE EVERYBODY TAKING THE TIME TO COME IN HERE AND SHARE THOSE.

A LOT OF THE INPUT I GOT FROM THE COMMUNITY WAS MOSTLY FROM MOMS WITH CHILDREN.

[04:10:02]

THE CONVENIENCE FOR FOR MOMS AND DADS WHO HAVE CHILDREN IN THE CAR FOR DRIVE THRUS I KEPT HEARING THE SAME THING OVER AND OVER.

IT'S ABOUT CHOICE, BUT IT'S ALSO A BALANCE OF BUSINESS AND A BALANCE OF RESIDENT QUALITY OF LIFE.

SO I FALL IN THE AREA IN THE THE ZONE OF NUMBER TWO.

I THINK THAT STRIKES THE BALANCE. IT'S NOT GOING TO ALLOW DRIVE THRUS IN THE VILLAGE.

IT'S NOT GOING TO COST THE CITY ANY MONEY. THE BURDEN WILL BE ON THE BUSINESSES.

BUT THE IT WILL ALLOW FOR LOCATIONS TO BE CONSIDERED INDIVIDUALLY FOR THEIR MERIT, AND HOW THEY'RE GOING TO AFFECT THE QUALITY OF LIFE OF THE CITY.

AND THAT WILL BE DONE BY THE CITY COUNCIL. SO I'M GOING TO FALL IN NUMBER TWO.

SO DO WE HAVE A MOTION? OH, YES. JUST TO CLARIFY ON OPTION NUMBER TWO, DOES IT COME TO CITY COUNCIL? BECAUSE I WAS UNDER THE UNDERSTANDING IT MIGHT NOT SO IF SO AM I CORRECT? CORRECT. OPTION TWO WOULD REQUIRE A ZONING CODE AMENDMENT FILED BY A PRIVATE APPLICANT DECIDED ON BY CITY COUNCIL.

GREAT. THANK YOU. OKAY. I'LL MAKE THE MOTION.

OKAY. I'LL SECOND. I ALREADY MADE IT, BUT. OKAY.

OH, YOU MADE THE MOTION. I DID. OKAY. I'M SORRY.

THEN I'LL SECOND IT. IT'S GETTING LATE. PLEASE VOTE.

AND THAT PASSES 3 TO 2, NOTING THE COMMENTS FROM MISS BHAT-PATEL AND MISS ACOSTA.

AND THAT BRINGS US TO THE CONCLUSION OF OUR AGENDA.

WE HAVE ONE MORE ITEM. OH, WE HAVE. OH, WE DO HAVE ONE MORE.

I'M SO SORRY. MAYBE IT WAS JUST WISHFUL THINKING.

THIS IS GOING TO BE THE BOARDS AND COMMISSIONS COMMITTEE CODE OF ETHICS. NOW, THIS HAS BEEN PRESENTED TO US AS OUR CODE OF ETHICS.

[11. BOARDS, COMMISSIONS AND COMMITTEES CODE OF ETHICS & PUBLIC SERVICE VALUES]

ARE YOU OKAY TO VOTE ON IT? OKAY. NO QUESTIONS.

MOVE ADOPTION OF THE RESOLUTION. SECOND. PASSES UNANIMOUSLY.

NOW, WE'RE AT THE CONCLUSION OF OUR COUNCIL MEETING.

ANY FINAL BRIEF COMMENTS FROM MR. SHIN. I'M TIRED AND I'M HUNGRY.

[COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]

IF YOU WANT TO COME HELP ME CLEAN UP THE VILLAGE, WE'LL BE AT PURE PROJECT ON SATURDAY AT 9:30.

THE CARLSBAD VILLAGE CLEANUP. AND THEN HAPPY MOTHER'S DAY.

THANK YOU, MISS ACOSTA. THANK YOU. JUST QUICKLY LOOKING AT MY ASSIGNMENTS LAST WEEK, I WAS AT THE LEAGUE OF CALIFORNIA CITIES CITY SUMMIT AND BOARD MEETING.

AS I PREVIOUSLY MENTIONED, IT WAS FANTASTIC. I GOT TO MODERATE A PANEL WHERE WE TALKED ABOUT SOME OF THE LEGISLATION AROUND HOMELESS ENCAMPMENTS.

SENATOR CATHERINE BLAKESPEAR, WHO'S AUTHORING A BILL THAT WE, THE CITY OF CARLSBAD, HAVE SUPPORTED TO ALLOW FOR BETTER COORDINATION BETWEEN CITIES AND THE DEPARTMENT OF TRANSPORTATION, ALSO KNOWN AS CALTRANS WAS A TOPIC OF CONVERSATION.

THE LEAGUE OF CALIFORNIA CITIES IS CO-SPONSORING HER BILL, AND WE WERE ABLE TO MODERATE A CONVERSATION WITH MULTIPLE OTHER CITIES IN NORTHERN CALIFORNIA, LA AREA, AND ME REPRESENTING THE SAN DIEGO COUNTY AREA.

SO THAT WAS FANTASTIC. I WAS THERE FOR MOST OF THE WEEK IN LEGISLATIVE MEETINGS WITH DIFFERENT LEADERS AND A LOT OF LEGISLATORS WHO PREVIOUSLY CAME FROM CITY COUNCILS ALL OVER THE STATE, REMINDING THEM WHERE THEY CAME FROM AND REMINDING THEM THAT LOCAL CONTROL IS SOMETHING THAT WE WANT TO PRESERVE AS MUCH AS POSSIBLE, PARTICULARLY WITH LAND USE, SO THAT THE STATE DOESN'T TAKE AWAY OUR LAND USE AUTHORITY.

NEXT, THE SAN DIEGO COUNTY WATER AUTHORITY. JUST A QUICK SHOUT OUT.

WE ARE HAVING A REALLY BUSY BUDGET SEASON. I WAS IN A BUDGET MEETING FROM 9 TO 11 THIS MORNING AT THE SAN DIEGO COUNTY WATER AUTHORITY OFFICES. I HAVE ANOTHER ONE TOMORROW FROM 9 TO 11 OR WHENEVER THEY LET ME OUT WHERE WE WILL BE GOING OVER WHAT THE ACTUAL COSTS ARE FOR WATER AT THE SAN DIEGO COUNTY WATER AUTHORITY, WHICH IS OUR WATER WHOLESALER FOR THE ENTIRE REGION.

SO IF PEOPLE ARE INTERESTED IN KNOWING WHAT HAPPENS, WE DON'T WANT THIS TO BE SOMETHING HIDDEN WHERE PEOPLE ARE GUESSING.

WE WANT PEOPLE TO KNOW WHAT'S HAPPENING, TO WATCH IT, IT'S ALL LIVE STREAMED ON THE WEBSITE.

SO I ENCOURAGE PEOPLE IF THEY WANT TO KNOW WHY WATER RATES ARE WHAT THEY ARE.

I KNOW YOU WANT TO KNOW, PLEASE WATCH ON SAN DIEGO COUNTY WATER AUTHORITY'S WEBSITE.

AND THAT'S ANOTHER BUDGET WORKSHOP TOMORROW FROM 9 TO 11.

THANK YOU AND HAPPY MOTHER'S DAY. MISS BHAT-PATEL.

JUST HAPPY MOTHER'S DAY. CITY MANAGER. THANK YOU.

[CITY MANAGER COMMENTS]

ON FRIDAY, THIS REGION LOST A LEGENDARY GOVERNMENT EXECUTIVE WHO WAS A FRIEND AND MENTOR TO HUNDREDS OF PUBLIC EMPLOYEES,

[04:15:03]

WALT EKARD SERVED AS THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY OF SAN DIEGO FOR OVER 13 YEARS, IN ADDITION TO STINTS AT THE CITY OF SAN DIEGO, THE RANCHO SANTA FE ASSOCIATION, AND YEARS AS A PROFESSOR AT SAN DIEGO STATE UNIVERSITY.

WALT PASSED AWAY ON FRIDAY AND HAS LEFT A LEGACY THAT CAN BE FELT THROUGHOUT EVERY GOVERNMENT IN THE REGION AS A MODEL OF EXCELLENCE AND FOR MENTORING PUBLIC SERVANTS AT ALL LEVELS, INCLUDING ME, MANY OF OUR EMPLOYERS EXCUSE ME.

MANY OF OUR EMPLOYEES EITHER KNEW WALT WORKED FOR HIM, OR OPERATED UNDER RULES OF GOVERNING THAT CAN BE CREDITED TO HIM, INCLUDING OUR OWN MANAGEMENT STRUCTURE THE NO SURPRISE RULE AND THE CORE VIEW THAT BUREAUCRATS ARE INDEED HUMAN, TOO. I LOVE THE YEARS WHEN I WORKED WITH AND FOR WALT, AND I LOVE THAT WHEN I CALLED WALT TO ASK HIM HIS ADVICE WHETHER I SHOULD ACCEPT SCOTT CHADWICK'S OFFER TO BECOME ASSISTANT CITY MANAGER IN 2020, HE RESPONDED BY SAYING THAT SCOTT HAD ALREADY CALLED HIM AND ASKED HIM ABOUT OFFERING ME THE JOB. AND WALT'S RESPONSE TO SCOTT AND TO ME WAS THE EXACT SAME SAY YES AND DO NOT LOOK BACK.

I'M SO GRATEFUL FOR THAT AND FOR WALT. I'LL MISS HIM.

I'LL MISS HIS ADVICE ON LEADERSHIP, ON POLITICS, ON RAISING DAUGHTERS AND HIS FRIENDSHIP.

THANK YOU. CITY ATTORNEY. NOTHING THANK YOU. CITY CLERK.

I'LL ADJOURN TONIGHT'S MEETING IN MEMORY OF WALT EKARD.

ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.