Loading...
HomeMy WebLinkAbout2019-12-10; City Council; ; Presentation on results of the public outreach and involvement process for a potential off leash dog area within the Village H South property.~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Dec. 10, 2019 Mayor and City Council Scott Chadwick, City Manager Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, or 760-434-2941 CA Review 8:k(-r Subject: Presentation on results of the public outreach and involvement process for a potential off leash dog area within the Village H South property. Recommended Action Receive a presentation on the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to the property. Executive Summary On April 23, 2019, staff presented a report to the City Council regarding the public outreach process and restrictions on the Village H trail (Exhibit 1}. At the conclusion of the presentation, the City Council, on a minute motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, directed staff to initiate public outreach to engage residents in the development of a plan to integrate an off-leash dog run as part of the Village H property. Specifically, staff was directed to commence the public outreach over the subsequent 90 days and to include public noticing within 600 feet of the Village H property. Council Member Schumacher further requested staff engage and incorporate resident input about how best to integrate an off-leash dog run, not simply offer staff prepared options for residents to select from. Staff was directed to return to the City Council in the fall of 2019 with public and staff recommendations for consideration. Staff is requesting the City Council receive the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to the property. Discussion On Jan. 8, 2019, the City Council adopted Resolution No. 2019-03 to accept the grant deed dedicating the Calavera Hills Village H property from Presidio Cornerstone QC, LLC (Presidio} to the City of Carlsbad and to authorize two, one-time appropriations of $215,000 and $45,000 to the parks maintenance operating and the trails maintenance operating budgets, respectively, for a total of $260,000 in improvements to the property to meet city standards. At that time, staff anticipated recording the deed for the property within two weeks, and provided the City Council with an estimate of 60-90 days from recordation to complete the Dec. 10, 2019 Item #20 Page 1 of 196 following: coordinate with the Center for Natural Lands Management to assume ongoing management responsibility of two preserve areas within the southern section of the property, and execute and administer contracts with trade firms to perform remedial work needed to address the city's preserves, open space and trails standards. On March 8, 2019, the City Council received a memorandum from staff providing an update on the status of the Village H property transfer. The memorandum indicated the transfer of the deed and subsequent recordation had been delayed due to the terms of a restrictive conservation easement over the northern section of the property, which required that 1) the property owner, Presidio, provide the conservation easement deed holder, The Center for Natural Lands Management (CNLM), a 45-day notice of the property transfer, and 2) Presidio pay CNLM a transfer fee assessed at $10,000. Presidio formally provided notice to CNLM ofthe property transfer on Jan. 16, 2019, fulfilling the first requirement. However, Presidio took exception to the second requirement on payment of the transfer fee. In response to Presidio's exception, the City Attorney's Office prepared a concurrency demand letter. Presidio subsequently agreed to pay CNLM a transfer fee negotiated by the City Attorney's Office. Once that fee was paid, staff intended to record the deed to accept the Village H property, consistent with the City Council's previous action. On March 12, 2019, the City Council, on a minute motion by Council Member Hamilton, seconded by Council Member Schumacher, directed staff to return to City Council within 45 days with an agenda item to discuss the public outreach process and restrictions on the Village H trail. Staff understood this direction to be specific to the existing informal trail within the southern section of the Village H property. The southern section of this property contains 9.9 acres of habitat preserve area and 12.6 acres of open space. On April 22, 2019, Presidio informed the City Attorney's Office that the negotiated transfer fee had been paid. On April 23, 2019, staff returned to the City Council with the requested Staff Report (Exhibit 1). At the conclusion of staff's presentation of the Staff Report, the City Council, on a minute motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, directed staff to initiate public outreach to engage residents in the development of a plan to integrate an off-leash dog run as part of the Village H property. Specifically, staff was directed to commence the public outreach (once the deed had been recorded) over the subsequent 90 days and to include public noticing within 600 feet of the Village H property. Council Member Schumacher further requested staff engage and incorporate resident input about how best to integrate an off-leash dog run, not simply offer staff prepared options for residents to select from. Staff was directed to return to the City Council in the fall of 2019 with public and staff recommendations for consideration. Public Outreach and Involvement The goal ofthe public outreach process was to identify the community's needs, values and priorities related to the potential use of the southern section of the Village H property. Some of these identified to date include: • The social connection experienced by community members who have used the informal trail, with and without dogs. Dec. 10, 2019 Item #20 Page 2 of 196 • Access to outdoor recreation, such as walking and jogging, for dogs and people, in a natural setting. • . Protection of sensitive habitat. • Enhancement of wildlife corridors (land where animals can move freely from one area of open space to another, unobstructed by fences and other barriers). • Privacy, peace and quiet, and safety of the residents immediately adjacent to property. Many stakeholders had already shared their views about the future use of this property with the city. To ensure the city considered input from a broad range of stakeholders, staff conducted the following activities, all within 90 days of the recording of the property's deed: • Posted signage at the site about the change in ownership of the property; the closure of the southern section for remedial work; and, the pending opening of the trail to the public -subject to the existing regulations for citywide trails, including dogs on leash. • Posted signage at the site inviting community members to a public meeting and to share input via an online survey. • Sent a direct mailing to residents and property owners in the area surrounding the property, with the same invitation. • Held a public workshop on June 29, 2019, at Calavera Hills Community Center that provided an opportunity for community members to share their needs, values and priorities related to the potential use of the site. The workshop was attended by approximately 100 community members. • Administered an online survey from July 5 through July 28, 2019, which sought public input in a similar manner to that of the public workshop. The on line survey received over500respondents. At the public workshop, community members were invited to brainstorm ideas, identify potential constraints and mock up possible design concepts. City staff provided a brief history of the site, along with an overview of the present opportunities and constraints at the site, including settlement agreement requirements and designated Habitat Management Plan (HMP) preserve areas. Following the introduction, staff posed questions for small group discussion to identify a long-term plan for potential off leash dog area options at the southern section of the Village H property. Each group then mocked-up aerial images of the section for possible design. The on line survey provided an opportunity for members of the public to provide input at a time convenient to them. Topic areas identified at the public workshop helped inform the questions on the online survey. Of significant note were the responses to Question 3, whereby respondents were asked to rank several statements about Village H in order of importance. Those rankings were as follows: • 83% • 77% • 57% • 53% • 49% (254 Respondents) (235 Respondents) (175 Respondents) (163 Respondents) (150 Respondents) Experience and enjoy nature Protection of wildlife Socialize with neighbors Exercise with my dog on a leash Exercise with my dog off leash Dec. 10, 2019 Item #20 Page 3 of 196 • 48% (147 Respondents) Exercise/socialize my dog off leash The results of the public workshop and the on line survey were combined into the Village H South Public Input Report and Appendices (Exhibit 2 and Exhibit 3). Participants of the public workshop mocked up a total of 12 aerial images of the property -i.e., one per small group. All 12 of the images are included within the public input report. Staff subsequently reviewed the images for commonalities or consistencies. Staff was able to decipher four themes from those images, which were transposed onto four conceptual plans, labeled 'Public Input Options 1 through 4' (Exhibit 4). Public Input Options 1 through 4 were posted to the city's website as options that would be presented for City Council consideration. Each of these options and a Staff Option, discussed further below, are consistent with the Open Space General Plan Land Use designation, which are allowable uses per the restrictive covenants applicable to the site (Exhibit 7). However, as part of the city's ongoing review, the City Attorney's Office determined that Public Input Options 1 through 3 are legally infeasible based on requirements of the current settlement agreement (Exhibit 8) (city's obligations to provide public access to the historic public use trail and use best efforts to implement the Trails Master Plan) and are inconsistent with the city's HMP. Pursuing Options 1 through 3 would require amending the settlement agreement and would also require amending the city's HMP. Amending the settlement agreement does not appear possible as Preserve Calavera opposes these options. Amending the city's HMP is additionally subject to review and approval by the wildlife agencies. Public Input Option 4 does not violate the settlement agreement or infringe into HMP preserve areas, however it is anticipated to block wildlife movement through the entire parcel. Further study would be necessary to fully assess the impacts of this option on wildlife movement. Staff also drafted a conceptual plan, which attempted to maximize the opportunities and minimize the constraints on the site, labeled 'Staff Option' (Exhibit 5). A listing of each option's opportunities and constraints is reflected in the exhibits and is additionally reflected below for Public Input Option 4 and the Staff Option. Public Input Option 4 {Off leash dog area approximately 4.4 acre/min. width 70'} Opportunities: 1. Historic trail with dogs on leash per the Settlement Agreement 2. Adds approximately three acres of habitat to the city's preserve system 3. Large off leash dog area 4. Off leash dog area is fenced in 5. Daily maintenance of off leash dog area 6. Consistent with use regulations per Carlsbad Municipal Code Constraints: 1. Wildlife movement blocked through the entire parcel Dec. 10, 2019 Item #20 Page 4 of 196 2. Entity granted discretionary rights to enforce the restrictive covenants is opposed 3. Impacts to water quality due to dog waste 4. Decreased habitat area to the east 5. Greater stormwater runoff 6. No parking lot/suggested location was not part of project area 7. Increased dog waste and noise due to designated off leash dog area 8. Increased disturbance of wildlife 9. Need for enforcement and maintenance greater than other options 10. Requires update to the Calavera Hills Master Plan Staff Option (Off leash dog area approximately 2. 7 acre/min. width 75'} Opportunities: 1. Historic trail with dogs on leash per the Settlement Agreement 2. Adds approximately four and a half acres of habitat to the city's preserve system 3. Greater opportunity for wildlife movement 4. Preserve acreage of habitat to the east 5. Off street parking provided 6. Off leash dog area is fenced in 7. Daily maintenance of off leash dog area 8. Accommodates dogs on leashes and off 9. No conflicts with trail segment connecting to Tamarack Ave. Constraints: 1. Impacts to water quality due to dog waste 2. Entity granted discretionary rights to enforce the restrictive covenants is opposed 3. Parking lot run off (oils, etc.) 4. City law requires an EV charging station 5. Greater stormwater runoff 6. Increased dog waste and noise due to designated off leash dog area 7. Need for enforcement and maintenance greater than other options 8. Smaller off leash dog area 9. Requires update to the Calavera Hills Master Plan On Oct. 31, 2019, staff met with board members of Preserve Calavera, which was a party to the legal settlement agreement that ultimately led to the transfer of the deed for the Village H Property, and which remains as the entity that was granted discretionary rights to enforce the restrictive covenants on the Village H Property. Staff provided an overview of the public input report and appendices, and briefly discussed each of the conceptual plan options, along with their respective opportunities and constraints. The board members expressed concerns regarding each of the conceptual plans' potential impacts to the wildlife movement within the area. In response, staff advised that shortly after the transfer of the deed for the Village H Property, a consultant environmental firm was engaged by the city to conduct a wildlife movement study of the property (Exhibit 6). Staff further advised that monitoring of the wildlife movement is continuing, and further environmental studies would be required as part Dec. 10, 2019 Item #20 Page 5 of 196 of the planning and permitting process associated with an off leash dog area within the southern section of the property-should the City Council direct staff to pursue it. o·n Nov. 13, 2019, the public input report and appendices, and the conceptual plan options - with their opportunities and constraints, were posted to the city's Village H webpage. On Nov. 14, 2019, email notification of the web page postings was sent to all workshop and on line survey participants who had expressed an interest in being kept abreast of the public outreach and involvement process . Subsequently, the referenced wildlife movement study was also posted to.the city's Village H webpage. Current Status of the Village H South Property On Aug. 4, 2019, upon completion of the remedial work within the Village H South property, staff complied with Section 4.b of the Agreement, by promptly allowing the public access to the trail. The balance of the southern section of the property remains a combination of preserve area and open space -i.e., 9.9 acres of habitat preserve area, and 12.6 acres of open space. Dogs are not permitted within city parks, preserves or other open space, except for designated dog parks and city trails. Dogs may be on city trails, provided they are attached to a maximum six-foot leash, in the owners' control. The related regulations are included in the San Diego County Code of Regulatory Ordinances and the Carlsbad Municipal Code, with further guidance contained in the 1989 Report of the Citizens Committee on the City of Carlsbad Open Space Plan and Programs. Therefore, currently leashed dogs are allowed on the Village H property's trails. Dogs are not currently allowed in any fashion on the balance of the Village H property. Staff is requesting the City Council receive the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to this property. Fiscal Analysis There is no direct fiscal impact associated with the receipt of this Staff Report. Based on the direction provided by the City Council, staff may return at a later date to request the appropriation of funding for a Capital Improvement Program project or other anticipated expenditures. Next Steps The City Council may provide direction to staff on next steps to be taken in relation to this property. As noted above, further environmental studies -including wildlife movement monitoring -would be required as part of the planning and permitting process associated with an off leash dog area within the southern section of the property. Should the City Council direct staff to pursue Public Input Option 4 or the Staff Option, staff would return to the City Council in early 2020 with a request for approval of a Capital Improvement Program Project Charter and an appropriation of funds for the associated project activities. The proposed dog park at Poinsettia Community Park offers a recent example of an off leash dog park planning and permitting effort. On Sept. 12, 2017, the City Council directed staff to explore locating an off leash dog park at the segment of Poinsettia Community Park which was initially envisioned for a multigenerational recreation center. On Dec. 10, 2019, staff will Dec. 10, 2019 Item #20 Page 6 of 196 present a report on that effort to date, and request approval of an amendment to the Poinsettia Community Park Master Plan to relocate a proposed off leash dog park and add an adjacent parking lot and restroom. Presuming approval of that amendment, staff will work with a design firm to prepare the construction documents and plans/specifications for the Poinsettia Community Park dog park project (including the adjacent parking lot and restroom}. Staff anticipates returning to the City Council by the end of Spring 2020 for approval of the plans/specifications and authorization for public bidding. Upon completion of the public bidding process, staff will request that the City Council award of a construction contract. Staff will then arrange for the contractor to proceed with construction of the Poinsettia Community Park dog park project, which is expected to take approximately six months to complete. Environmental Evaluation (CEQA) The activities associated with receiving this Staff Report, a presentation and providing direction to staff will not involve or result in any disturbance to the environment and is categorically exempt from the California Environmental Quality Act (CEQA}. CEQA Section 15306 describes the following activities as being exempt from environmental review: . " ... basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded." Public Notification and Outreach · This item was noticed in accordance with the Ralph M. Brown Act and was available for public · viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Staff Report of April 23, 2019 2. Village H South Public Input Report 3. Village H South Public Input Appendices to Public Input Report 4. Village H South Conceptual Plans -Public Input Options 5. Village H South Conceptual Plan -Staff Option 6. Village H Wildlife Movement Study, Environmental Science Associates 7. Restrictive Covenants for Village H Site 8. Settlement Agreement -City of Carlsbad, Quarry Creek Investors, LLC and Preserve Calavera Dec. 10, 2019 Item #20 Page 7 of 196 Discussion On Jan. 8, 2019, the City Council adopted a resolution to accept the grant deed dedicating the Calavera Hills Village H property (APN 167-101-19) from Presidio Cornerstone QC, LLC to the City of Carlsbad; authorizing the Mayor to execute a grant deed dedicating a portion of Calavera Hills Village H property to the Calavera Hills Recreational Vehicle Park, a California mutual benefit corporation; and authorizing two, one-time appropriations of $215,000 and $45,000 to the parks maintenance operating budget and the trajls maintenance operating budget, respectively, for a total of $260,000 in improvements to the property to meet city standards (Resolution No. 2019-03). The corresponding staff report from the City Council meeting on Jan. 8, 2019, is attached [Exhibit 2]. At that time, staff anticipated recording the deed for the property within two weeks, and provided the City Council with an estimate of 60-90 days from recordation to complete the following: coordinate with the Center for Natural Lands Management to assume ongoing management responsibility of two preserve areas within the southern section of the property, and execute and administer contracts with trade firms to perform remedial work needed to address the city's preserves, open space and trails standards. On March 8, 2019, the City Council received a memorandum from staff providing an update on the status of the Village H property transfer from Presidio Cornerstone QC, LLC (Presidio) to the City of Carlsbad. The memorandum indicated the transfer of the deed and subsequent recordation had been delayed due to the terms of a restrictive, conservation easement over the northern section of the property, which requires that 1) the property owner, Presidio, provide the conservation easement deed holder, The Center for Natural Lands Management (CNLM), a 45-day notice of the property transfer, and 2) Presidio pay CNLM a transfer fee assessed at $10,000. On Jan. 16, 2019, Presidio formally provided notice to CNLM of the property transfer, fulfilling the first requirement. However, Presidio took exception to the second requirement on payment of the transfer fee. In response to Presidio's exception, the City Attorney's Office prepared a concurrency demand letter. Presidio subsequently agreed to pay CNLM a transfer fee negotiated by the City Attorney's Office. Once this fee is paid, staff intends to record the deed to accept the Village H property, consistent with the City Council's previous action. On March 12, 2019, the City Council, on a minute motion by Council Member Hamilton, seconded by Council Member Schumacher, directed staff to return to City Council within 45 days with an agenda item to discuss the outreach process and restrictions on the Village H trail. Staff understood this direction to be specific to the current informal trail within the southern section of the Village H property. The southern section of this property contains of 9.9 acres of habitat preserve area and 12.6 acres of open space. Background The majority of a future city trail is located within the open space of the southern section of the Village H property. This approximately half-mite trail segment is identified in the city's draft Trails Master Plan as a part of the citywide trails system. April 23, 2019 Item #5 Page 2 of 30 Dec. 10, 2019 Item #20 Page 9 of 196 Historically -i.e., for the last several years --this alignment has been used by the public as an informal trail, without authorization from the owner of the private property. The following sections of the Agreement are pertinent to the Village H property and the noted trail: Quarry Creek Investors' Obligations In consideration of the obligations undertaken and the promises made herein by Petitioner and the City, Quarry Creek Investors hereby covenants and agrees as follows: b. Quarry Creek Investors will use its best efforts to acquire in fee the Village H property ("Village H"}, composed of approximately 60.89 acres, Assessor Parcel Number {"APN") 167-101-19. c. Quarry Creek Investors shall not be required to allow public access on existing trails through Village H during the time that it owns Village H. e. Quarry Creek Investors shall transfer its fee in Village H to the City upon the completion of the following events: {1} approval by the City of the Site Development Plans or Tentative Maps for the five lots created by Tentative Map No. CT 11 -04; (2) USACE approval of a Section 404 permit for the Project; (3) execution of a Section 1603 Agreement with CDFW for the Project; and {4} issuance of a Section 401 Certification by the SDRWQCB for the Project. The City agrees that this transfer of Vilfage H shall be in "as is" condition. Quarry Creek Investors shall be responsible for releasing any loans or liens it may have placed on the property, preparing any plats and legal descriptions, and paying any fees associated with the transfer of Vilfage H to the City. f Within 45 days of the acquisition in fee of Village H, Quarry Creek Investors shall record an open space easement or restrictive covenant on Village H (excluding the CF Site) for the benefit of Preserve Calavera, or other mutually agreed upon third party. Notwithstanding the recordation of an open space easement or restrictive covenant on Village H, Quarry Creek Investors will retain the development rights to the CF Site until the transfer of Village H to the City occurs. g. Quarry Creek Investors shall record a restrictive covenant or open space easement on the CF Site for the benefit of Preserve Calavera, or other mutually agreed upon third party, prior to transferring the CF Site to the City, provided such transfer occurs consistent with the terms of this Settlement Agreement. h. The form of the Village H transfer documents and open space easements and/or restrictive covenants referenced in Paragraphs 3.e through 3.g, above, shall be subject to the reasonable review and approval by the City. The City's Obligations In consideration of the obligations undertaken and the promises made herein by Petitioner and Quarry Creek, the City hereby covenants and agrees as follows: April 23, 2019 Item #5 Page 3 of 30 Dec. 10, 2019 Item #20 Page 10 of 196 a. The City agrees to accept the transfer of Village Hin fee from Quarry Creek Investors, or Petitioner, in "as is" condition when offered. b. Upon the transfer of Village H to the City, the City shall assume responsibility for ownership of Village Hand shall promptly allow public access to the historic public use trail through Village H. e. The City shall post signage at the trailhead of the historic public use trail through Village Hat the time ;tis opened to the public, indicating that the opening of the trail is the result of a cooperative effort between the City, Quarry Creek Investors, and Preserve Ca!avera. Completed Action Since receiving direction from the City Council on Jan . 8, 2019, staff has completed the following: • Met with limited members of the public who expressed concern about the pending change in ownership of the property and the opening of the trail to the public --subject to the existing regulations for citywide trails. • Coordinated with CNLM to assume ongoing management responsibility of two preserve areas within the southern section of the property. • Executed contracts with trade firms to perform the remedial work to bri.ng the property up to the city's preserves, open space and trails standards. • Developed a plan for public outreach and involvement. Public Outreach and Involvement City staff is ready to begin the public outreach and involvement process. The goal of this process is to identify the community's needs, values and priorities related to the potential use of the southern section of the Village H property. Some of these identified to date include: • The social connection experienced by community members who have used the informal trail, with and without dogs. • Access to outdoor recreation, such as walking and jogging, for dogs and people, in a natural setting. • Protection of sensitive habitat. • Enhancement of wildlife corridors (land where animals can move freely from one area of open space to another, unobstructed by fences and other barriers). • Privacy, peace and quiet, and safety"of the residents immediately adjacent to the property. Many stakeholders have already shared their views about the future use of this property with the city. To ensure the city considers input from a broad range of stakeholders, staff is planning the following activities within 90 days of the recording of the deed on the Village H property: • Signage at the site about the change in ownership of the property; the closure of the southern section for remedial work; and the pending opening of the trail to the public- subject to the existing regulations for citywide trails, including dogs on leash. April 23, 2019 Item #5 Page 4 of 30 Dec. 10, 2019 Item #20 Page 11 of 196 • Sign age at the site inviting community members to a public meeting and to share input via an online survey. • Direct mailing to residents and property owners in the area around the property with the same invitation. • A public meeting at Calavera Hills Corrmunity Center that provides an opportunity for the community to share their needs, values and priorities re lated to the potential use of . the site, and to learn about those of other community members. • An on line survey gat~ering input similar to what is sought at the public meeting. City staff will identify common values and themes from this process and return to the City Council for direction within 60 days of its completion. Interim Plan Upon completion of the remedial work within the southern section of the Village H property, city staff intends to comply with Section 4.b of the Agreement, by promptly allowing the public access to the trail. Staff estimates the trail would be ready to open to the public within 90 days of the property's deed being recorded. The balance of the southern section of the property would remain a combination of preserve area and open space -i.e., 9.9 acres of habitat preserve area, and 12.6 acres of open space. The subject 12.6 acres of open space would be available for consideration of additional formalized trails and authorized recreational amenities, subject to the City Council's direction. Regulations Related to Dogs with Parks and Trails Dogs are not permitted within city parks, preserves or other open space, except for designated dog parks and city trails. Dogs may be on city trails, provided they are attached to a maximum 6-foot leash, in the owners' control. The related regulations are included in the San Diego County Code of Regulatory Ordinances and the Carlsbad Municipal Code, with further guidance contained in the 1989 Report of the Citizens Committee on the City of Carlsbad Open Space Plan and Programs: San Diego County Code of Regulatory Ordinances Title 6 -Health and Sanitation, Division 2 -Animals and Poultry, Chapter 6 -Animal Control, Article 1 -General Provisions Section 62.602 -Definitions The following definitions shall apply to this chapter: c. "At large" means: (1) Being on private property without the permission of the owner or person who has the right to possess or use the property. (2) Being unrestrained by a leash on private property open to the public or on public property, unless a law or regulation expressly allows an animal to be unrestrained on the April 23, 2019 Item #5 Page 5 of 30 Dec. 10, 2019 Item #20 Page 12 of 196 property. If a leash is not being held in the hand of a person capable of controlling the animal or a person is not actually controlling an animal attached to the leash, the animal is "at large." {3} In a place or manner which presents a substantial risk of imminent interference with animal or public health, safety or welfare. aa. "Leash" means any rope, leather strap, chain or other material six feet or less in length, intended to be held in the hand of a person for the purpose of controlling an animal to which it is attached. Title 6 -Health an~ Sanitation, Division 2 -Animals and Poultry, Chapter 6 -Animal Control. Article 6 -Control Provisions Section 62.669-Restraint of Dogs Required (1) Being on private property without the permission of the owner or person who has the right to possess or use the property. (2) Being unrestrained by a leash on private property open to the public or on public property, unless a law or regulation expressly allows an animal to be unrestrained on the property. If a leash is not being held in the hand of a person capable of controlling the animal or a person is not actually controlling an animal attached to the leash, the animal is "at large." (3) In a place or manner which presents a substantial risk of imminent interference with animal or public health, safety or welfare. a. A dog's owner or custodian or a person who has control of a dog shall prevent the dog from being at large, except as provided in subsections (b) and (d) below. b. A dog's owner or custodian who has direct and effective voice control over a dog to ensure that it does not violate any law, may allow a dog to be unrestrained by a leash while a dog is assisting an owner or custodian who is: 1. legally hunting. 2. legally herding livestock. 3. On public property with the written permission of and for the purposes authorized by the agency responsible for regulat;ng the use of the property. c.• A dog's owner or custodian or a person having control of a dog that is lawfully on private property shall keep the dog: (1) leashed or tethered as allowed under Health and Safety Code section 122335, (2) under direct and effective control by voice or electronic pet containment system or (3) in a building or enclosure that is adequate to ensure the physical confinement of the dog and that also meets humane standards. An animal is not considered leashed if the leash is not in the hand of a person capable of controlling the animal or if the person is not actually controlling the animal attached to the leash. April 23, 2019 Item #5 Page 6 of 30 Dec. 10, 2019 Item #20 Page 13 of 196 d. This section shall not apply to a dog assisting or training to assist a law enforcement officer in the course and scope of the officer's duties. Section 62.669.1. -Public Protection from Dogs a. A dog's owner or custodian or other person having control of a dog shall exercise ordinary care to prevent the dog, while the dog is under the owner, custodian or other person's care, custody or control from: 1. Attacking, biting or otherwise causing injury to any person engaged in a lawful act. 2. Interfering with a person or animal legally using public or private property. 3. Damaging personal property that is lawfully on public property or that is on private property with the permission of the property owner or other person who has the right to possess or use the private property. b. The owner of any unaltered dog that bites a person engaged in a lawful act shall pay the Department an altering deposit in addition to any other applicable fees the Board of Supervisors (Board} establishes. The altering deposit shall be refunded or forfeited as provided in section 62.679(c). c. This section shall not apply to a dog assisting or training to assist a law enforcement officer while that officer is executing law enforcement duties or responsibilities. Carlsbad Municipal Code Title 7 -Animals dnd Foul, Chapter 7.08 -Rabies, Animal Control and Regulation Section 7.08.010-Adopted by Reference 8. · Title 6, Division 2, Chapter 6, of the San Diego County Code of Regulatory Ordinances, as amended by Ord. No. 10036 {N.S.}, effective 2/26/10, relating to animal control, is adopted by reference and incorporated as part of this code, except that whatever provisions thereof refer to a County of San Diego board, territory, area, agency, official, employee, or otherwise it shall mean the corresponding board, territory, area, agency, official, employee, or otherwise of the city, and if there is none, it shall mean that the county is acting in the same capacity on behalf of the city. Title 11 -Public Property, Chapter 11.32 -Parks and Beaches Section 11.32.010 -Parks -Scope 1. For the purpose of this chapter, parks shall include all dedicated parks, parks established by adverse uses, planted areas open to the general public, parks on leased property, trails open to the general public, planted parkways, triangles, and traffic circles maintained by the city, except parkway strips between curb and sidewalk or behind curb, along the several streets and highways of the city. April 23, 2019 Item #5 Page 7 of 30 Dec. 10, 2019 Item #20 Page 14 of 196 Section 11.32.030 -Unlawful Acts It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach within the city: 11. To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches. a. Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon. b. This prohibition does not apply to a dog accompanying an unsighted person, or other person who by reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law enforcement duties, dog parks or other areas specifically designated for dog use by the city council, or to dogs participating in shows or obedience cf asses authorized by the Carlsbad community services department on specified areas of parks or beaches. 23. No person shall allow any dog owned by him or her or any dog subject to his or her control, custody, or possession, to enter upon any park within the city; provided, however, that this subsection shall not apply to dogs participating in shows or obedience classes authorized by the Carlsbad community services department in specified areas of parks, dog parks or other areas specifically designated for dog use by the city council. No person shall allow or permit any dog to destroy any real or personal property or to commit a nuisance on any park property. It is the duty of persons having contra_! of a dog to curb such a dog while in a park area. City of Carlsbad Open Space Plan and Programs On Sept. 12, 1989, the City Council accepted a Report of the Citizens Committee for Review of Carlsbad's Open Space Plan and Programs. This report contained the following sections related to dogs on trails. Section V -Appendix, Volume II, B. -Committee Minutes, May 1, 1989, Use of Open Space - Subcommittee Report (#4) The recommendations provided by this Subcommittee on the Use of Open Space are provided below. These recommendations have been categorized as they fall into several different areas of use. Also provided, following the recommendations is a discussion or justification for the inclusion of the proposed recommendations. PASSIVE: Often provides minimal or no improvements and includes undemonstrative or subdued activities. 10. Establish a trail system for dogs with poop receptacles located at appropriate intervals. Discussion. The Subcommittee feels that a balance of open space uses is desirable in the community and that emphasis in the past has been oriented toward active recreation. Although- emphasis should continue with regard to active uses, more consideration should be given to acquiring and maintaining more passive areas such as trails, viewpoints, and natural areas. These areas should be separated from active areas whenever possible. The Subcommittee feels April 23, 2019 Item #5 Page 8 of 30 Dec. 10, 2019 Item #20 Page 15 of 196 that passive areas may be improved but not to the extent where they could become active. For example, a trail might include a decomposed granite walkway with benches and trash receptacles located at appropriate distances along the path. The Subcommittee is recommending that no improvements take place within environmentally sensitive areas but that it may be appropriate to have trails or interpretive center located nearby. It is being recommended that the city should take advantage of opportunities to acquire natural open space and the natural areas acquired as open space should remain in their natural state. The Subcommittee also feels that natural areas should be used to delineate the city boundaries, where possible, and separate major land uses. In addition, the Subcommittee felt that natural areas should be located to be visible from large public gathering areas such as the mall and roadways. The intent is to preserve Carlsbad's rural flavor in more urbanized areas. Since the Open Space Committee has approved the concept of trails as an open space use and is recommending a study this Subcommittee felt that the analysis should include a discussion of liability, ownership, cost maintenance, location and types of trails including surfaces (e.g., asphalt, etc.). It was recommended that major developments proposed in the city address trails and that any trails proposed be sensitive to existing uses. In addition to accepting this report, the City Council directed staff (Agenda Bill No. 10,239) to prepare a work program to implement recommendations. Thus, city trails have been specifically designated for use by dogs --on leash only, in accordance with San Diego County Code of Regulatory Ordinances section 62.669. The above regulations and open space plan and programs will apply to the Village H property, once the deed is accepted by the city. Based on those regulations, plan and programs, trails may not be used by off-leash dogs. Off-leash trails use by dogs would require not only City Council direction to pursue amendments to the regulations, plan and programs, but would also require the completion of a planning and permitting process consistent with such a process for an off-leash dog park. Therefore, only leashed dogs will be allowed on the Village H property's trails. Further, under CMC section 11.32.030, dogs will not be allowed on the balance of the Village H property that is habitat preserve area and open space. Matters for Possible Exploration 11Historic Public Use Trail" Some community members have ascribed significance to the term "historic public use trail" in sections 4.b. and 4.e. of the Agreement, inferring that the acknowledgement of the community's past use of this property prescribes the future use. However, all three parties to the Agreement concur that this term was not intended to reference any specific activities on the trail. Rather, this term simply describes the public's use of a segment of the Village H property as a trail. On April 15, 2019, staff received the attached letter from Preserve Calavera, stating its position on this matter [Exhibit 3]. April 23, 2019 Item #5 Page 9 of 30 Dec. 10, 2019 Item #20 Page 16 of 196 Off-Leash Dog Park Discussions Prior to the Jan. 8, 2019 City Council Meeting, staff met with a few members of the public who had expressed an interest in the future of this property. Those meetings included discussions about potential consideration of an off-leash dog park at the southern section of the Village H property. A couple of different off-leash dog park ideas --ranging from linear to square configurations --were briefly reviewed. Linear Configuration: A "linear'' configured dog park could be considered within part of the open space (but not the habitat preserve area) adjacent to the existing trail. • This configuration may create a barrier to important wildlife corridors, restricting the free movement from one area of open space to another. • Fencing tall and sturdy enough to keep dogs in may diminish the patrons' experience with nature. Square Configuration: A "square" configured dog park cou ld be considered within the 3.8 acre portion of the property formerly designated CF, which is already rough graded. • Some proponents of allowing dogs off-leash on the trail have indicated this configuration does appeal to them because it would not involve the same walk. • Additional fencing around this parcel may further limit the wildlife corridors • A similarly configured dog park already exists on Carlsbad Village Drive, approximately 1 mile west of the Village H property. These concepts have been reviewed only at a very cursory level, with just a few individuals. They could be explored further during the proposed public outreach and involvement process (which staff plans within 90 days of the recording of the deed on the Village H property). As a recent comparison of an off-leash dog park planning and permitting effort, on Sept. 12, 2017, the City Council directed staff to explore locating an off-leash dog park at the segment of Poinsettia Community Park which was initially envisioned for a multigenerational recreation center [Exhibit 4]. Staff subsequently engaged the community on this specific concept. On Feb. 13, 2018, staff provided the City Council with the results of the public inputreceived and the advisement of the Parks & Recreation Commission on this concept. In response, the City Council directed staff to further pursue locating an off-leash dog park at the described segment of Poinsettia Community Park [Exhibit 5]. Since that date, staff worked with a design firm to refine the schematic plans for an off-leash dog park, developed a Capital Improvement Program (CIP) project, received a City Council allocation of funding to proceed with the project, and submitted an extensive application for an amendment to Poinsettia Community Park's existing conditional use permit. Staff is currently awaiting the scheduling of a Planning Commission hearing on the matter. Presuming the amendment to the conditional use permit is approved, staff will next process an amendment to the community park's master plan, and then commence with the preparation of construction documents for an off-leash dog park. A similar work effort would be required if the City Council were to direct staff to further pursue the p·lanning and permitting of an off-leash dog park at the southern section of the Village H property. . April 23, 2019 Item #5 Page 10 of 30 Dec. 10, 2019 Item #20 Page 17 of 196 Options for Consideration Staff has identified the following options for the City Council's consideration regarding the future of the southern section of the Village H property. Options that comply with the Agreement and the existing regulations, plan and programs: A. Action Directed by the City Council on Jan. 81 2019 1. Open the trail as soon as practical upon completion of the remedial work, under the existing citywide trails use regulations (i.e., dogs must be on a leash). 2. Seek input from the community on potential recreational amenities, including but not limited to amenities involving dogs, upon recordation of the property's deed. Bring this community input to the City Council separately for direction. 8. Action Recommended by Staff on Jan. 81 2019 1. Open the trail as soon as practical upon completion of the remedial work, under the existing citywide trails use regulations (i.e., dogs must be on a leash). 2. Seek input from the community on potential recreational amenities, including but not limited to amenities involving dogs, in the fall as part of the Parks & Recreation Department Master Plan update --to allow for a more holistic approach to addressing the community's parks and recreation needs. Bring this community input to the City Council with the updated departmental master plan for direction. C. Bypass Community Input and Pursue Planning/Permitting of an Off-Leash Dog Park 1. Open the trail as soon as practical upon completion of the remedial work, under the existing citywide trails use regulations (i.e., dogs must be on a leash). 2. Bypass community input on potential recreational amenities, including but not limited to amenities involving dogs. 3. Initiate a planning and permitting effort for an off-leash dog park like the effort currently in progress at Poinsettia Community Park. Based on that current. effort, staff anticipates at least 24 months required to complete a planning and permitting effort at the Village H property. If option C is preferred, staff estimates at least 12 additional months will be required to complete the preparation of construction documents, public bidding, and ultimate construction of the dog park at the Village H property. Fiscal Analysis There is no direct fiscal impact associated with the receipt of this staff report. Should the City Council select Option C, staff would develop a CIP project, and include an allocation of funding to proceed with the project in the FY 2019-20 Budget request. As a compadson, the CIP project cost estimate for the off-leash dog park at Poinsettia Community Park is presently $1,100,000. April 23, 2019 Item #5 Page 11 of 30 Dec. 10, 2019 Item #20 Page 18 of 196 Next Steps The City Clerk will record the deed and the city will take possession of the Village H property. The Mayor will then execute the grant deed for that portion of Village H property which constitutes the RV storage property and the City Clerk will secure necessary signatures and record the RV storage property grant deed. The result will be the city owning the habitat preserve areas and open space portions of the-Village H property. After recording the deed to accept the Village H property, staff will schedule the performance of the described remedial work and implement the described public engagement effort, unless directed to do otherwise by the City Council. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, receiving this staff report does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect cha nge in the environment, and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Mar. 8, 2019 St aff Memorandum to t he City Council 2. Jan. 8, 2019 Staff Report to the City Council 3. April 15, 2019 Letter from Preserve Calavera 4. Sept. 12, 2017 Staff Report to the City Council 5. Feb. 13, 2018 Staff Report to the City Council April 23, 2019 Item #5 Page 12 of 30 Dec. 10, 2019 Item #20 Page 19 of 196 Introduction Overall Themes Workshop Input Online Input Next Steps Village H South Public Input Report Village H South Public Input Report Table of Contents Page 3 5 6 8 12 2 Dec. 10, 2019 Item #20 Page 21 of 196 Village H South Process The City of Carlsbad recently took ownership of a 61-acre piece of property, known as Village H South, bisected at the corner of Carlsbad Village Drive and Victoria Lane, as part of a lawsuit settlement involving the Quarry Creek housing project. A half-mile trail runs through the southern section of the property that is now part of the citywide trails system. When the property was privately owned, some community members used the southern section as a place to walk with their dogs off leash. A previous owner of the property put up a fence, locked gate and ho trespassing signs along Carlsbad Village Drive and Victoria Avenue, but the public continued to use this southern section of the property. Under city and county laws, dogs on city trails must be on a maximum 6 foot leash, and dogs are not allowed in city parks, except for designated off-leash dog parks. On April 23, 2019, the Carlsbad City Council directed city staff to initiate public outreach to engage residents in the development of a plan to integrate an off-leash dog run as part of the Village H property. The public input process consisted of two main opportunities: Public Workshop Community members were invited to participate in an initial workshop to brainstorm ideas, identify potential constraints and mock up possible design concepts. City staff provided a brief history on the site, along with an overview of the current opportunities and constraints at the site. Following the introduction, questions were posed for small group discussions designed to identify a long term plan for potential off-leash dog run options at the southern section of the Village H property. Saturday, June 29 Calaveras Hills Community Center 10 a.m. to noon Attendance: 100 Online Survey The Village Hon line survey provided an opportunity for members of the public to provide input at a time convenient to them. Topic areas identified at the public workshop helped inform the questions on the online survey. July 5 -July 28, 2019 518 respondents 4,863 individual responses 275 comments About the Findings By providing multiple ways for the public to provide input, decision makers can hear from a larger and more diverse group of community members. Respondents were asked to disclose where they live, and the system prevented more than two responses per computer IP address Village H South Public Input Report 4 Dec. 10, 2019 Item #20 Page 23 of 196 (a computer's unique address). However, un like a scientific survey, the findings of this process cannot be generalized to the entire Carlsbad population within a defined level of confidence. That's why the input in this report should be cons idered with a similar weight as other qualitative forms of feedback that have always been part of the city's decision-making process, such as comments made at City Council meeting or emails sent to the city expressing an opinion. Overall Themes Comments have been categorized for the purpose of identifying key themes. Readers are strongly encouraged to read the verbatim comments in the appendices to get a better understanding of specific ideas, priorities and concerns expressed . Following are some of the key themes from the on line comments: • Off-leash dogs • On-leash dogs • Off-leash enclosure • Habitat preservation • Wildlife protection • Walking/hiking • Safety • Parking and traffic considerations • Community/connectedness • Quiet • Experiencing nature • Peace/tranquility • Places to gather Village H South Public Input Report 5 Dec. 10, 2019 Item #20 Page 24 of 196 Workshop Input With approximately 100 participants, the public workshop reflects the input of a very small percentage of the overall community, However, by choosing to spend two hours at a public meeting, these community members have demonstrated an interest in this project. For that reason, this input is being reported separately from the online input and may deserve unique consideration. Below are the key themes from each discussion . A full list of responses is included in the appendices. Topic 1: Village H is important to me because ... ' . - ~-r...-.e ~-_, -. . q,,,.; ,_, Nature: habitat and wildlife preservation Well being: community, exercise, walking/hiking, places to gather Use: off-leash dogs, on-leash dogs, off-leash enclosure Village H South Public Input Report 6 Dec. 10, 2019 Item #20 Page 25 of 196 Topic 2: Please work with your group to create some options for making space for an off leash dog area at the site, while protecting sensitive habitat and preserving wildlife corridors. You have three maps you can mark up with your ideas. Workshop attendees worked together in small groups to mark up maps of the Village H South site with their ideas on how and where an off leash dog area could be added, while protecting and preserving wildlife corridors. Images of all options created by workshop attendees are included starting on page 11 of the appendices. Topic 3: If you were the ones deciding on the future plan, what criteria would you use to choose the best option? Amenities: enclosed off-leash dog area, trails, dog waste stations Local impacts: noise, parking, safety, legal concerns, timeline of the project Budget: cost to build and ongoing cost to maintain Habitat: preserve habitat areas and protect wildlife Community: preferences of the nearby community and homeowners Village H South Public Input Report 7 Dec. 10, 2019 Item #20 Page 26 of 196 Online Input Input from the public workshop was used to refine questions for the on line survey. Total participants: 518 Total responses: 4,863 Comments: 275 Detailed information about the responses for all questions is available in the appendices. Question 1: Are you familiar with Village H, a piece of open land on the corner of Carlsbad Village Drive and Victoria Lane in northwest Carlsbad? Yes: 88% No:9% Not sure: 3% Village H South Public Input Report 3~6 Nc1t sure g:;c, i1oU 402 re-spondenE L 8 Dec. 10, 2019 Item #20 Page 27 of 196 Question 4: If you were in charge of deciding the future use of Village H South, how important would each of the following criteria be in making your decision? How much time it would take to implement the plan Don't know How well the plan protects the wildlife and habitat at Village H Not very concerned How much it would cost to implement the plan Not at all Don't concerned know Impacts to the neighborhood like noise and parking Village H South Public Input Report Don't know 10 Dec. 10, 2019 Item #20 Page 29 of 196 Safety Not very concerned Not at all concerned Potential that the plan would result in legal cha llenges Don't know Question 5: What else would you like the city to consider? (open ended) Key Themes From 275 Comments (some comments referenced multiple themes) Village H South Public Input Report 11 Dec. 10, 2019 Item #20 Page 30 of 196 Habitat/wildlife protection: preserve habitat and wildlife corridors Preserve: keep site and protect as is, with minor modifications Experiencing nature: create spaces to watch wil,dlife and enjoy the outdoors Peace/tranquility: create a peaceful and serene space Safety: people feel safe using this space Walking/hiking: create dedicated trails for people to walk and hike Places to gather: create an environment where people can enjoy time with friends and family Accessibility: modify access to allow people with mobility challenges to access the site safely Off-leash dogs: allow dogs to run and socialize without a leash On -leash dogs: only allow dogs to walk and socialize on a leash Off-leash enclosure: create a fenced area where dogs can socialize and exercise off-leash Parking/traffic: minimize the effects of traffic and plan for increased parking demand Clean: install trash cans so people can dispose of their trash in an appropriate receptacle and ensure pet owners clean up after their pets Community/connectedness: create spaces where peopie can meet and greet Next Steps City staff used the input and ideas provided by the community to prepare four conceptual plan options for Village H South. Ideas that came up more frequently were noted in the supporting appendices, with the understanding that the ideas represented those who decided to provide input, not necessarily the entire Carlsbad community or those near the Village H South property. The four conceptual plan options for Village H South that were derived from the public input received will be posted on the city's website. An additional conceptual plan, prepared by staff and titled 'Staff Option' will also be posted on the city's website. Each of the conceptual plans will include an overview of the corresponding opportunities and constraints. Village H South Public Input Report 12 Dec. 10, 2019 Item #20 Page 31 of 196 The next step will be for staff to present these conceptual plans for the City Council's consideration. That is currently scheduled for the City Council Meeting on Dec. 10, 2019, at 6 p.m., in the Council Chambers. Village H South Public Input Report 13 Dec. 10, 2019 Item #20 Page 32 of 196 VUlag'e H South VILLAGE H SOUTH EXHIBIT 3 (_ City of · Carlsbad Dec. 10, 2019 Item #20 Page 33 of 196 Village H South Public Input Report Appendices Table of Contents Social media comments Workshop input data and comments Workshop format feedback Online survey responses Online survey comments Geographic distribution of survey respondents Village H South Public Input Report 3 5 21 26 20 70 2 Dec. 10, 2019 Item #20 Page 34 of 196 Social Media Comments { City of Carlsbad -Official June ·15 · 0 Village H community meeting set for 6/29. 10 a m , at Calavera Hills Community Center. Get all the details in the link #carlst ad #trails r1ttp:Now.ly/RfgE30oUiOO Village H Community Meeting Saturday, June 29 Ol dest • Sherri Sullivan Why is the City spending funds to install signs, fences and dog, stations when there is a motion on the table. to consider alternative options for the site, to include a dedicated off- leash area? This seems like a waste of taxpayer money to me, as the final plans may require moving infrastructure that rs currently being erected. City of Carlsbad -Official Good question. Changes to the site's use will take some time to implement, ancl our goal was to get the trail ready for public use as quickly as possible in the meantime. Because the site is home to protected habitat, changes in use require a longer environmental review and! permitting process than some other types of projects -in the three to four year range. at a minimum. like Repl\1 13w Sherri Sullivan The City discussed a two year process in the recent council meeting. I've looked at existing fauna and flora da!a and have walked the site numerous times. The habitat in and adjacent to the City trail where dog owners have traditionally utilized is mostly non-native plants. Being famifiar with the environmental review process. I don't foresee a prolonged consu[tation for protected species. it should be a fa irly straightforward ER as long as the preserved area remains as designated. \Nhat can the community do to help? Like · Reply' 8w Village H South Public Input Report 3 Dec. 10, 2019 Item #20 Page 35 of 196 C City of Carlsbad -Official You're right -some parts of tile pro perty are not protected habitat. You can see a map in this link. httpJ/wwv,.carlsbadca.govl. .. /parks/open/trailsMllageh.asp . You can find out more about the rules and regulations for our Habitat Management Plan here http:/fonNw.carlsbadca.gov/civicaxlfilebankfblobdload.aspx ... If you'd like to talk to someone about this, we can put you in touch with our riabitat Manag.ement Plan Manager. She will also be at the meeting we're holding next Saturday. · Like · Rep ly · 8w , Sherri Sullivan City of Carlsbad -Official thank, I would like that very much. I look forv,rard to the meeting. { Like · Rep ly · 7w City of Carlsbad • Official June 27 · 0 Just a reminder. we'll llave a community meeting th[s Saturday to talk about future plans for Vlllage H in Calavera Hills. Get more info ,in the link. If you can't make it, you can also give us your ideas through an online survey after the meeting. http:i.low.ly1R gE30oUiOO Village H Community Meeting Saturday, Ju ne 29 Village H South Public Input Report 4 Dec. 10, 2019 Item #20 Page 36 of 196 Workshop Input Data Question 1: Village H is important to me because ... Topic # of responses Off-leash dogs 73 Other 20 Community 19 Habitat/wildlife 17 Walking/hiking 17 Places to gather 7 Dogs 7 Experience nature 2 Comments Theme(s) Sense of community Community A place to connect with others in my community Community It serves many age groups -child ot senior Community It's not just for doges; but for kids, babies, grandparents, etc. Community Fosters a strong community Community Visited constantly morning, afternoon, night -convenient, Community friendly It is a place where community comes to socialize -all ages Community Meeting lots of good people in community! Friends! Community It forms bonds in the community. Community Socializing dogs & the community is best for all Community, Dogs *For Cooper-RIP! Community, health, friends, mother nature, Community, Off-leash exercise, walking, off-leash! We both lost weight! dogs Sense of community, family oriented. When we first moved Community here, we brought our dog here and that is how we made all our friends in Carlsbad. Natural, open space, friends across demographics. Beautiful connection of animals & people Dogs I love the grove because I like playing with my frisbee Dogs Young family with dogs and kids Dogs dogs/seniors staying in touch Dogs It is a multi-purpose park -social, dogs, trail, exercise Dogs, walking/hiking, places to gather It is natural, not man-made Experience nature Because it is a pinchpoint in the wildlife movement corridor Habitat/wildlife Village H South Public Input Report 5 Dec. 10, 2019 Item #20 Page 37 of 196 Comments Theme(s) It is a key part of regional wildlife movement corridor Habitat/wildlife It is a little bit of nature in suburbanville Habitat/wildlife Wild anmials live there and deserve a quiet home Habitat/wildlife Wildlife habitat/open space Habitat/wildlife Native plants, co-exist with native animals Habitat/wildlife unique area rustic and natural Habitat/wildlife open space, quiet, nature preserve Habitat/wildlife open space -beautiful natural place Habitat/wildlife It really is our true neighborhood park Habitat/wildlife Has potential as habitat preserve Habitat/wildlife Natural area to recreate, opportunity to observe nature/wildlife Habitat/wildlife close to home The opportunity for wildlife to move throughout the area Habitat/wildlife Beautiful spot for kids and adults to enjoy nature.Important Habitat/wildlife; because It provides a place for a dog that is NOT cement experience nature sidewalk City of CB+ off leash K-9s lead the way!! Off-leash dogs An open space to freely walk with my pets Off-leash dogs Off leash dog socialization Off-leash dogs only off leash trail! Off-leash dogs You ruined a community and imprisoned ur dogs/family. We had Off-leash dogs rulse were were respectfully Block time for dogs to run leash free so we can all share the trail Off-leash dogs Because I play with my friends and making forts and running Off-leash dogs with the dogs Carlsbad is taking away all our off-leash places Off-leash dogs Don't change it Off-leash dogs Off-leash will set a precedent for Carlsbad trails Off-leash dogs Dogs feel safe in the open envi roment (unlike traditional dog Off-leash dogs parks) Only dog "trail" in North County Off-leash dogs It's the only wide open space where my dogs can run free. There Off-leash dogs is no other space in Carlsbad like Village H. For, community use and if it is open for all of the community, Off-leash dogs have the priority or most spaced used for off leash. Not have the small place sectioned off for dogs. Mixed usage -prioritize off leash -but still provide a smaller Off-leash dogs fenced area to accommodate a picnic area or playground for non-off leash use Social walks for dogs & the owners Off-leash dogs Village H South Public Input Report 6 Dec. 10, 2019 Item #20 Page 38 of 196 Comments Theme(s) More purpose, because of trail you walk with your dog, instead Off-leash dogs of sitting at dog park on park on phone/reading It is very important for Carlsbad to take the needs of all residents Off-leash dogs into account, including those of us who would not only strongly prefer that Village Trail H stay open to off-leash dog areas, but that many more open-run off leash dog areas be provided. Development has totally eliminated freedom to wander. No Off-leash dogs more country roads, paths untouched by development's influence and city regulated restrictions. Why choose the leash law as the line in sand? While other laws like bike license law is waived? Village H has always been dog & human happy place Off-leash dogs Leash free -dogs & owners, bring socialized dogs. Never on this Off-leash dogs trail have I seen a vicious dog. Off leash owners bring socilized dogs. Dog parks have both Off-leash dogs friendly & aggressive. My boys enjoy playing there and walking their dog. Off-leash dogs We have some of our best family time with the dog off leash & Off-leash dogs the kids walking her. Nature space for kids & dogs to be FREE! Off-leash dogs Walk with my children and my dog Off-leash dogs My huge dog needs to run! Off-leash dogs Great place for dogs to exercise Off-leash dogs Place my dog can run loose -I can't keep up with him Off-leash dogs My dog likes this park Off-leash dogs Saved my dog! Off-leash dogs The dog Is happy when she is off leash and making new doggie Off-leash dogs friends A place where my dog will be safe & have fun Off-leash dogs No better place for my Max Off-leash dogs Dogs are less aggressive at Village H compared to dog park on Off-leash dogs Carlsbad Village Drive Village H is important to me because people need a place to Off-leash dogs have dogs off-leash but I don't want it in an area used for something else like the beach or regular parks because I don't want to deal with dog poop or loose dogs. The open space allows dogs & people to congregate or dissipate Off-leash dogs if too many dogs are there. Only open space near us for dogs -Fiesta Island is 32 miles! Off-leash dogs Dogs need freedom also! Off-leash dogs It is the only off leash trail! Off-leash dogs Village H South Public Input Report 7 Dec. 10, 2019 Item #20 Page 39 of 196 Comments Theme(s) Good place to bring rescue dogs for rehabilitation Off-leash dogs Room for dogs to roam & play Off-leash dogs An unleashed dog is a free, happy dog Off-leash dogs It gives dogs an opportunity to play off leash Off-leash dogs Off leash for dogs & people Off-leash dogs Off leash dog trail Off-leash dogs Dogs love the wild Off-leash dogs Dogs needs to play without restraints Off-leash dogs No other place like it -leashed dogs are unfriendly dogs Off-leash dogs It is not a dog park, it is a trail where dogs can be dogs Off-leash dogs My dog's friends are there ... and mine are too! Off-leash dogs A place of nature that is hard to find in Carlsbad. My family Off-leash dogs includes my dog. He has a right to enjoy free running. Must let dogs off-leash Off-leash dogs Dog parks are ineffective for socialization Off-leash dogs So many areas for dog haters -only 1 off leash area Off-leash dogs As a new resident of Carlsbad I found a welcoming new family Off-leash dogs with the dogs & their owners. People make friends & dogs make friends Off-leash dogs, community Gives my dog a chance to socialize off leash as well as meet Off-leash dogs, other citizens in the area community Human and dog interactions are priceless Off-leash dogs, community Gives neighbors a chance to connect outdoors. Exercise for dogs Off-leash dogs, & people. It is one of a kind! community It is a place that my family & dogs can connect with nature and Off-leash dogs, our community community, habitat/wildlife Village Trail H is the only open-spaced free run dog areas in all of Off-leash dogs, places to Carlsbad! This is important not only for our dogs, but community gather engagement too! It's a unique dog park where you can hike and feel like your dog Off-leash dogs, is safe going OFF LEASH walking/hiking The only off leash trial where people can go & hike too. Dogs can Off-leash dogs, be free and be their happy playful selves & the humans can walking/hiking hang with their neighbors amongst beauty. I live next to it. Off leash, habitat perserve, wildlife corridor, Off-leash dogs, maintenance/sanitation walking/hiking, habitat/wildlife I'm concerned about the safety of my dog. I lived in Irvine near On-leash dogs an off-leash dog park where a small dog was attacked & killed! Village H South Public Input Report 8 Dec. 10, 2019 Item #20 Page 40 of 196 Comments Theme(s) I'm sure City Council is aware that this was the only place for off Other leash in Carlsbad. Why change it when there is a park down the road for humans. Why so many changes you couldn't just clean it up? What was the complaint before that had to bring about so much change! Leave it alone Other I live next to it. Other We live right next to it. Other It's in my neighborhood Other I live there Other Where I live Other In my neighborhood! Other I live adjacent to the trail Other Our property is adjacent to Village H Other We are adjoining property owners Other Quarry Creek is an absolutely disgusting rape of the land Other Special, unique, one-of-a-kind! Other Best trail ever Other It is my backyard and my sanctuary Other It brings sunshine to the soul Other Error bars showing uncertainty for key scenarios. Needs to be Other better harmonized with the inherent uncertainties within each scenario grouping It's part of our history Other I love the grove because I have forst to play with friends Other Serious loss of community! Much open space in Carlsbad. Village Other is unique environment. Parking, nighttime activities, specific use Parking/traffic, safety gathering spot, responsible people Places to gather A community sport fo families to gather with their pets and get Places to gather, dogs, some exercise walking/hiking Place for neighbors to gather Places to gather It is a community gathering place where ALL (including dogs) are Places to gather welcome. It is a community gathering place Places to gather, community Kids can have adventure play Walking/hiking support, exercise, social interaction Walking/hiking mental/physical help, work from home -part of routine Walking/hiking A spot where I can walk openly with my pet Walking/hiking Opportunity for exercise Walking/hiking We lost weight (pawprint) Walking/hiking Village H South Public Input Report 9 Dec. 10, 2019 Item #20 Page 41 of 196 ~~ t~ " ? t~ i f!; r., ·~ •. ,.J?-t :~.~ ,~_ ... ~ ... ,~ ~ V ~ ~ ~ i?1i (i'},•=l t __ ., r-,:;--v· _;_~. . -_ ... . --·~ ,---__ ...:,..j_ -~ -'I'> ... I"_. __ \-1 1.111-~Jt,k ~...,,,,. . tld-,c:. .. 'l t'(~t \iwaift2. \fd,\ ~ w\ E: 5c:ie. ti-o~ ~Ct ?,•~~Jo< "'•~ llOcl. cl.\-~ O.(~ ~t '!Jo,jl wietC ----~tf':rinr nf' Village H South Public Input Report 13 Dec. 10, 2019 Item #20 Page 45 of 196 Comments Theme(s) Except for fencing, tree trimming & removal and drainage, please leave Off-leash dogs V.H. off leash and as wonderful as it is. Haves meeting that our dogs that we want off leash can attend so that Off-leash dogs those who don't have understanding of dogs can understand how good dogs behave. For SD to be such a dog friendly place, there isn't enough places for Off-leash dogs dogs & humans to be free in nature. I think Calrsbad will attract current generations by keeping/having this place off leash. Dogs are being accepted in the workplace today as well. There will be more peace for dogs & people to have this option. Community comes together here because they talk about thier dogs and walk together in nature. Studies have been done about how pets increase the quality of human life. This trail helps us improve our dogs' quality of life. I've made lasting friendships & connections because this trail has been off leash. I rescued a dog and at first she was afraid of outher dogs & people. The community at Village H encouraged me to come -now my puppy is socialized & loves other dogs & people. It is the only place that I can get exercise right along with my dog because I am hands free. I've never been so involved in my community. Dogs are wildlife and deserve to enjoy it. 7-lOam 12-2pm 4-7 pm Open hours of off leash. Walking on leashes creates leash aggression. Off-leash dogs Only off leash trail. Very different from stand around dog "park" both Off-leash dogs for dog behavior & human exercise. The off leash use has been a great way to exercise my dog. It is npot Off-leash dogs the same as walking him on a leash. The community of people that gather are very friendly. This area has supported & promoted further growth of a community. Continued involvement of community -more meetings like this. Village H map doesn't include any off leash dog & people use area! This Off-leash dogs is quite insulting to those of us who've taken the time to attend meetings and provide thoughts and ideas for solutions, compromises. Nothing on the map indicates consideration of dogs & people use as been taking place for years. Why not? We live on the trail (12 years) 1 Question: If this trail is for families, Off-leash dogs, on- would you let your 4 yea( old child loose on the trail when there are big leash dogs running loose? My concern is when an article appears in the Village H South Public Input Report 17 Dec. 10, 2019 Item #20 Page 49 of 196 Comments Theme(s) papers about a 1/3 mile dog run that is shaded, it will attract people from neighboring cities. Their dogs may not be as well trained as the locals. We noticed that people with small dogs tend to stay away. 2 Suggestion: If there are certain days/times when dogs are off leash it could be both for families & dogs. It would tend to keep outsiders away (help the locals).# In General: People from outside areas tend to care less about where they are (disobey rules, throw trash, allow dogs to defecate without clean up, etc.). Some dog owners have an attitude without compromise. They are always right. I am: dog owner, hiker. Wildlife biologist, planner, resident. I am Off-leash dogs, interest in (nothing else written on card) walking/hiking I like the idea of having an off leash area, but perhaps not the entire Off-leash dogs, area -a smaller area where folks have better visibility when their dog enclosure, safety piles. I have seen too many dog owners simply look the other way when their dog piles. Not cool! I love dogs and think they should have places to run free, but not at the expense of public safety. All off leash dogs should be more closely watched to keep little kids safe and to ensure they are picked up after. This way the park can be enjoyed by all. 1. If this was previously private property how can it be protected Off-leash dogs, habitat? 2. This has been the only off leash dog "trail" in North County parking/traffic, (unique). 3. Noise/barking not different wherther on or off leash. 4. habitat/wildlife Citizens get exercise while walking dogs. 5. Brings in people from surrounding cities who spend money in Carlsbad. 6. Different dynamic (people & dog) from "dog park". They are better/less aggressive. 7. Parking is an issue! So is traffic. 8. Lots of human/on leash trails in the areas -this is a small concession for dogs. 9. My experience {10+ yrs) has been that off leash dogs stay pretty much on the trail so the impact on wildlife does not change. Quail/coyote an other wildlife have still been present while dogs are off leash. Areas is daytime use only -most wildlife movement is at night. 10. Move preserve boundary east into "city utility property" so "historic trail" is not in preserve. Also add the section between southern "preserve" and "sensitive habitat" area. Get involved in airport issues. Wildlife corridor. Save coyotes. Respect Off-leash dogs, wildlife. Protect environment. Preserve habitat. For City Council: 1 preservation, Protect and preserve animals & plants. 2 off leash am/pm time frames. Village H South Public Input Report 18 Dec. 10, 2019 Item #20 Page 50 of 196 Comments Theme(s) 3 Parking considerations. 4 No development in perpetuity. 5 Wildlife habitat/wildlife, corridor. parking/traffic Preserve Calavera. 1 No compromise to wildlife movement corridor Off-leash dogs, pinchpoint. 2 Weigh impact of increase in public use. 3 Will set a habitat/wildlife precedent to pressure off leash dog use on other public trails/parks. 4 Opportunity for public feedback before final council decision. My concern is around the safety of my dog & others. I have On-leash dogs, experienced 2 terrible incidents in 2 different locations with 2 of my safety dogs. They were attacked & hurt by off leash dogs. The trail is our backyard. There are dog fights every day. Dogs charge On-leash dogs, me almost every time I am down there. Dogs poop on our property safety, every day. The off leash activists say it is for families. I would not let parking/traffic, little children go down on the trail with off leash dogs. It could bring habitat/wildlife people in from other areas once the word gets out. Parking could be a problem. Dogs chase out wildlife. The city spent money ·on developing what is there now. Leave it as is, dogs on leash. No more money spent. I live in the villas -would like to have both on leash and off in safe On-leash dogs, off- areas. leash dogs Provide parking, off leash & leashed portion of trails. Hours of usage On-leash dogs, off- during daylight hours. leash dogs, parking/traffic 1. Provide on site parking so that neighborhood residents can get in & Pa rki ng/traffi c out without congestion of cars & animals in street. @. Impact on neighborhood residents is a concern. Concerns: parking, nighttime activities, left as open space Parking/traffic, preservation I would be happy to create an optimization algorithm for the city to use Other to service the community. It would need to consider all voices. It is objective and will be bounded within the constraints of the laws and guidelines that are bounding the council's decision. Since Village H is now closed, can the city open some of the local school Other fields (Magnolia, Valley, etc.) be open after school and during the summer? Village H South Public Input Report 19 Dec. 10, 2019 Item #20 Page 51 of 196 Comments Theme(s) One participant felt like they were being treated like a child. Other 1. Please ensure there is another community feedback session to Other repeat out summary of findings before going to City Council. 2. There needs to be a process for enforcement. Rangers with ability & interest in exercising the rules. Village H South Public Input Report 20 Dec. 10, 2019 Item #20 Page 52 of 196 Workshop Format Feedback Those who participated in the public workshop on June 29 were asked to complete an evaluation form to provide feedback on the workshop. Participants were asked to rate six statements about the workshop on a scale of 1 (strongly disagree) to 5 (strongly agree). Below is a summary of the results. Statement 1: I had an opportunity to share my ideas on the Village H project. Scale 1 (strongly disagree) 2 (disagree) 3 (neutral) 4 (agree) 5 (strongly agree) TOTAL # of responses 0 2 0 18 38 58 Statement 2: The format gave everyone a chance to participate. # of Scale responses 1 (strongly disagree) 0 2 (disagree) 1 3 (neutral) 2 4 (agree) 21 5 (strongly agree) 34 TOTAL 58 Statement 3: The format made me comfortable sharing my ideas. #of Scale responses 1 (strongly disagree) 1 2 (disagree) 1 3 (neutral) 1 4 (agree) 22 5 (strongly agree) 33 TOTAL 58 Village H South Public Input Report 21 Dec. 10, 2019 Item #20 Page 53 of 196 Statement 4: I feel like the city staff really listened to what I had to say. # of Scale responses 1 (strongly disagree) 1 2 (disagree) 0 3 (neutral) 8 4 (agree) 14 5 (strongly agree) 35 TOTAL 58 Statement 5: I understand how my input will be used. #of Scale responses 1 (strongly disagree) 4 2 (disagree) 6 3 (neutral) 25 4 (agree) 11 5 (strongly agree) 12 TOTAL 58 Statement 6: I liked the format of this workshop. #of Scale responses 1 (strongly disagree) 3 2 (disagree) 0 3 (neutral) 7 4 (agree) 29 5 (strongly agree) 19 TOTAL 58 Village H South Public Input Report 22 Dec. 10, 2019 Item #20 Page 54 of 196 Open-Ended Questions Question 1: What would have ma de this meeting better? • Good first step. Need to close the loop. • Microphones/echo very difficult to hear. • Better acoustics. • If the snacks included chocolate. Seriously, it was a good workshop. • Better acoustics. However, I undersant why this location was selected. • Bottles of water. • To have beeri provided a realistic timeline of what is proposed. • I feel like this meeting was structured in a way that was a little too fast -paced and moderated, without giving quite enough time for community input. • This workshop format was pedantic and degrading. The city staff t reated the members of the community like children. The regimented format prevented a free exchange of ideas. • Starting it out with the rules and what we are dealing with instead of softening it. But idk, maybe that worked. • More concrete statistics and info. • Pre-distributed information. A packet with all t he constraints and laws that surround the city council's decision. • It was great! I would appreciate a copy of the HMP on-site to reference and clarify definitions. Thank you! • Better setting for so und quality though this neighborhood is directly impacted. • If City Council was here. • Use the big screen instead of moving to different easels. • That we are heard! You listen but not really!! • Better sound system. • Please announce when will be getting back to all of us regarding this meeting? • Ask people to list their residence. There were many non-Carlsbad residents here. • Anything that is already decided is not an option -no use theorising if decision is already made. • If the outcome allows dogs on trail off leash! • Much improved format for gathering input from community -would have liked to had the staff tell community that after studies are complete, off-leash may not be allowed due to health, safety and welfare issues. Made decision prior to conducting environmental studies. • More time for discussion vote on most popular option for t rail. Ensureing that participants know discussion was for a trail -off leash . • Focus was mostly towards a dog park, those of us that feel dogs should be on leash were neglected. • To know we will have another meeting before the issue goes to City Council. • It was not for homeowners from all sides with issues. This meeting was set for how we want to implement a dog park only. We need another meeting. Village H South Public Input Report 23 Dec. 10, 2019 Item #20 Page 55 of 196 • More time -maybe 3 hours with 10 minute breaks @hour mark. • Better acoustics. • Better sound. • Roxanne was an excellent table coordinator. Question 2: What else would you like us to know? • Hold a second community workshhop before city council • Thank you for caring what we think and working with neighborhood residents and uses of this area. • This format worked well to get all opinions without anyone dominating. • Time frame to fruition. • I know workshops take longer but they really make us feel included like our opinions matter. • Seriously consider repurposing the utility property to an off leash dog park in a large open area. • The omnipresence of cameras everywhere by the City made me uncomfortable. It made me feel as if the City was pre-emptively documenting for possible future litigation. It felt weird and not conducive to a friendly discussion . *Thank you very much for considering children in your planning. • People have been using the trails. More community meetings. • I'm concerned nobody is listening and not all infor will be fairly & accurately reported. Not happ about time frame!!! Took 3 months to schedule this meeting. Will take 3 months to submit info to the City Council. NOT OK! • Please conduct several more community workshops so that we can all benefit from these gatherings -to everyone's satisfaction. Most sepcifically those of us who prefer to keep Village Trail Has the lovely off-leash nature trail that it is! • I've never attendinded one of these before. I liked the discussion tables instead of listening to one speaker. Very interactive. • Leave park as-is. It is the least cumbersome solution. • A public discussion site is great. • You are doing great! Our table moderator was Tim. He is very professional, courteous & kind. Thank you. • Feels like some decisions & actions already taken on trail PRIOR to this meeting. • Process going forward. • Look at other areas that may be better suited/easier to make off leash. SDGE easement on Chestnut, City Utility property, etc. Replicate Village H? • That we care about our community. • I liked the posters and notecard use! Helped start discussion. • Sarah did great as a table facilitator! • What else can I do to make this work? When will City Council get back to all of us? • We appreciate your efforts to listen to the community! • City Council should decide if this is a public facility/resou rce or neighborhood. • The local people rea lly value this space as it is. Village H South Public Input Report 24 Dec. 10, 2019 Item #20 Page 56 of 196 • Will anything change? • 30+ years of off-leash usage is a big consideration, but adequate parking would be a must. • We need to honor how the trail has already been used and make preserving that a priority. • In my card , I cove red my thoughts fairly well. • We are concerned that the data the city is gathering on wildlife movement is flawed. • This area, Village H South, is VERY important to northeast Carlsbad. If we don't create a so lution that supports the·community people will be very cynical because of it. • We need the trail to be opened for our use ASAP!! • Very val uable civic experience. Thank you . • There needs to be more outreach forums. This is only one to date. • Need another meeting involving the community. • Another community meeting to see how City Council responded to our suggestions. Village H South Public Input Report 25 Dec. 10, 2019 Item #20 Page 57 of 196 Question 2: Before it was closed for maintenance, about how often would you visit Village H? 4:::-.5 A few t imes a year 2F,5 Never (I justto.fd ym1 l·'ve never he,,m l of it) ■ 14% Weekly ■ "14% Daily/almo,st daily' ■ :ii:, Monthly 479 respondent s Village H South Public Input Report 27 Dec. 10, 2019 Item #20 Page 59 of 196 Question 3: Following are some of the things people have shared about why Village H is important. Please drag and drop these statements in the order of importance to you personally, with the most important statements on the top. Experiem:e and enj y narnre 254v II l?rotectio11 or wildlife II ExercisE .,.,,11:h my dog on a leash Exercise/s-ocialize my dog off 'eash 147 ~ Soc@ali:e/meet neighbors 175 v • Exercise vv1t h my dog off leasn Village H South Public Input Report 28 Dec. 10, 2019 Item #20 Page 60 of 196 Question 4: If you were in charge of deciding the future use of Village H South, how important would each of the following criteria be in making your decision? Not at all Somewhat Not very Very Don't concerned concerned concerned concerned know Hcv, rnuch t ime it wo 1]0 take to 28% 32% 17% 20% 3% impiernentthe plan Not at all Somewhat Not very Very 01on1t concerne concerned concerned concerned k 0 1l1l Hc-w weli the p-,;;,n proteas the c.:;(i 19% 6',-7 % 1 ,;'T wildlife and habitat at Vi11age '--l Not ar ail Somewhat ,'10.:v21-y Very Don't coricerneo com::emed concerned knc-1/141 How much Jt •,v ould cost to 8~, 35% 12% 32.% ;_(h impleme t the plan Not at all Somewhat Nat very Very Don't concer ,ed concerned concerned concerned knD1/tJ ; mpact.s to ;:he 11'=:ig · 1 _ orhood likE 8% 31 % 14% 46% ... q,t noise and parki , g Not at all Sc,mewhat Nor very Very Don1t cancer ed concerned concerned concerned knew,; Safety 5% 22% 11% 61% 1% ~J ot at all 50 11 ewhat Norvety Very ~on't (0 c€rned concerned concerned concerned kr.ov,• Pmer.tal that the pian woul1:f 13% 27% 20% 35% 6% result in legal ci-i;;lle ,gee; r,Jot at a!! Somewh,at Not very Ver/ Don't cor.cer ,en concerned concerned concerned kJ1C·1J,J 393 responde .ts Village H South Public Input Report 29 Dec. 10, 2019 Item #20 Page 61 of 196 Online Survey Comments Respondents had an opportunity to provide open-ended comments on each of the topics as well. Comments have been categorized for the purpose of identifying key themes. Key Themes From 511 Comments (some comments referenced multiple themes) Topic # of responses On-leash dogs 103 Safety 77 Off-leash dogs 63 Habitat/wildlife 55 Walking/hikinig 42 Preservation 31 Off-leash enclosure 22 Clean 22 Other 22 Parking/traffic 19 Quiet 7 Experience nature 2 Places to gather 1 Accessibility 1 Comment Theme(s) Handicap accessible? Accessibility Will there be paved trails available for the elderly with a leashed dog? Accessibility, on- leash dogs, hiking/walking My wife and I are residents who live within walking distance to Village Off-leash dogs Hand have been walking dogs off leash there for the past 17 years. I appreciate that the city bought this property and have allowed many of the Eucalyptus trees to remain though they are a non-native species. They provide shade and add to the aesthetic. I will be, and I imagine a great many others, will be sorely disappointed to find we have to leash our dogs after so many years of there being free to run and socialize. The dogs and their owners confine themselves to the trail and now that there is a three-rail fence I don't foresee off leash dogs negatively impacting wildlife. You already have it all wood fenced off so it's basically ruined for the Off-leash dogs thousands of dogs that go there a month. At least leave it off leash on the trail to maintain what we love about going there. Village H South Public Input Report 30 Dec. 10, 2019 Item #20 Page 62 of 196 Comment Theme(s) It's clear that you have already made up your minds that this will Off-leash dogs never be an off-leash area. This survey is merely a sop to rebellious citizens who oppose the control and overregulation that city government is famous for. This land has been happily used for years by residents who have exercised their dogs off-leash. It would continue that way without the interference of government bureaucrats---but interference and meddling is the irresistible compulsion and mandate of local government busybodies. The outcome of this survey will mean nothing. Please allow this off-leash area to continue as it has been for so many Off-leash dogs years. There is truly no other place like it in north county and it would be sorely missed, if it turned into another on-leash trail permanently. I can't thank council members enough for their consideration and thoughtful way they have gone about this process. It was an off leash dog area well known among the local community Off-leash dogs and especially considering the lack of many off leash dog areas it would be very nice to keep it that way. The fact that the dog park on Carlsbad Village Drive is very dirty. The Off-leash dogs wood chips are rerely if ever changed and ar full of poop and pee. My dog just got kennel cough from going there. The park is more like a prision yard. We need a park that you are able to walk your dong off leash not just a place for them to play. That area has been great. I do not own a dog. However, I have many Off-leash dogs friends who are dog owners. It's nice to walk with them. It seems that owners take responsibility for their pets and I feel safe. I even walk through there without my friends with dogs. It's just nice. Post signs regarding taking self-responsibility. My bigger concern is seeing motorized mountain bike on Calavera Lake area . They are tearing up the land and making it unsafe for walkers (without pets). Are there other locations to have an off lease dog walk nearby Off-leash dogs It would be nice to have a small dog off leash area, if you are Off-leash dogs considering off leash. Big dogs over-run the off leash dog areas making them unusable for small dogs. I prefer leash areas where it is safe for small dogs. Many small dogs are not safe with big dogs specially when they are overly excited. There are very few places to walk with dogs off leash . Carlsbad is Off-leash dogs becoming less and less dog friendly. Dogs are not allowed in a lot of the city parks. This space has been closed for quite a while now. Everyone we met at this location was friendly and dogs were well behaved. People love their dogs and need a place to let them run in this area. Off-leash dogs My dog has an irreparable leg injury that needs to be exercised in an open area -the current Carlsbad dog park is for socializing only. It is Village H South Public Input Report 31 Dec. 10, 2019 Item #20 Page 63 of 196 Comment Theme(s} NOT an acceptable place to exercise a dog because it is absurdly small. I've been touring the dog parks in the surrounding areas since the closure of Village H and they all have dog parks that put Carlsbad to shame -having Village Has an off-leash dog park would send the message that Carlsbad is a friendly place for families with fur babies. Off leash dogs equal happy dogs!!!! People travel from all over to run Off-leash dogs their dogs here! A dog park doesn't give dogs enough space to be dogs ... but Village His a slice if heaven and could become a selling point for people looking for off leash areas. How did South Buena Vista Park fair once it became an off leash park? This area, its surroundings, plant life, and wild life have all survived Off-leash dogs with very little incident, even if it hasn't been legal use. The community and it's users have all been thoughtful and maintainec;i the area nicely. Keeping it clean and picking up after themselves. I fear turning it into an actual park will take away from the small town spot that it has been and also bring expenses. It's a shame that everything under the sun has to have government involved. It's nature. Please leave VH as is and let dogs run off leash. Off-leash dogs Dogs need a space to run free. Off-leash dogs There are not many places, if any, or we can be with our dog off leash. Off-leash dogs Please do not change the special place. The Carlsbad dog rules are too much. Dog parks are disguising and dangerous. Too many dogs in a confined space. Village H is perfect the way it is. We have been using this area for 9 years. It wonderful space. We have Off-leash dogs never had a problem there. My son (8 years old), daughter and I go there weekly with our dogs. My son has been so upset since it has been closed. Please open it while the plans are being made. There is no reason we shouldn't be able to use it right now. Carlsbad has NO OTHER place where my kids and dogs can play and explore freely. Village_ H (which my kids call the dinosaur trail) has been a big reason why we have remained in this area. It gives us a chance to get away from all the concrete and enjoy walking under the t rees and digging in the dirt. My son actually cried when he heard that it is being changed. That our dogs' freedom to run an d play off-leash is just as import ant Off-leash dogs as people and wildlife. Have allowing for off-leash dogs as your prime goal. Off-leash dogs I have been enjoying this area for years with my dog off leash. The Off-leash dogs neighbors who also enjoy the area know that it is best for the dogs to be off leash as they are less aggressive in this environment. I have never noticed issues amongst the dogs and_ people UNLESS the dogs Village H South Public Input Report 32 Dec. 10, 2019 Item #20 Page 64 of 196 Comment Theme(s) are ON leash. I would very much like to continue to take my dog there and use the small trail off leash. Thank you for your help with this. People have been using that area since before we moved here in Off-leash dogs 2001. I do not think the parking or noise has ever been an issue. The coyotes are all in our yards thanks to all the building in our area .... l am grateful that no building can happen there! I pray that the city can meet 1/2 way and have an area for off leash dogs. Thank you ! All of the other cities around seem to make some larger, non bark Off-leash dogs covered off leash areas available for us with large dogs that need to run without being on the leash. As a senior with some mobility issues, a suitable off leash area is very important to both me and my dog. There are hardly any places in Carlsbad for dog owners to take their Off-leash dogs dog in a large open space to ru17 free! I feel it is absolutely ridiculous. Please give us ONE area besides dog park (which my dog and many dogs don't enjoy becuase it is too confined a space with too many dogs jumping all over my dog) where I can take my dog offleash. My dogs have enjoyed Village H for 20 years!! Don't make it on-leash and take the enjoyment away from dogs and owners. Please. I often have to take her to the Buena vista South Park which has off Off-leash dogs leash hours and. Is mixed use. People need a natural area to exercise dogs off leash. The area is not Off-leash dogs pristine, and has been enjoyed by dog owners for many years. Simply encourage a dog group to take responsibility for cleaning and keeping dogs under control. Again, it is important for everyone living in Carlsbad to feel like they Off-leash dogs are part of the community here, and that ALL of our voices are_ being heard. Most of us have dogs as family members. Most of us take our dogs places with us when we aren't at work or running simple errands. It would be really great, and the right thing to do, to not only be able to keep Village Trail H. as the beloved off-leash dog play area that it has been -but to in fact have several other trail-choice areas as well. I look forward to the City of Carlsbad implementing policies that show care and concern about everyone living in our beautiful city, not just the stanch on-leash advocates. That our dogs' freedom to run and play off-leash is just as important Off-leash dogs as people and wildlife. We have been walking our dogs at Village H for 20 years and it has Off-leash dogs been an amazing experience. Our pets and their humans all need a place to walk together for exercise, fresh air, de-stressing, and community cohesiveness. PLEASE CONTINUE TO KEEP THIS OFF LEASH. Our families and community need it! Village H South Public Input Report 33 Dec. 10, 2019 Item #20 Page 65 of 196 Comment Theme(s} Dogs on leashes are less nervous -6ft leashes mean a dog is in a zone Off-leash dogs around one of it's pack leaders and feels the need to protect it, and being off leash enables dogs to meet other dogs on their own terms without the humans being part of the issue. If the dogs sniff, say hello and don't want to interact any further they simply move away, but only if they have the space to do it. Dog obesity is >55% in the US compared to places like the UK where Off-leash dogs dogs are allowed off-leash in the majority of places (the% of dog bites is also much lower) and we need more spaces to exercise dogs, especially bigger ones. We purchased our property on Pontiac Dr so we could have another dog and exercise them responsibly -our breed need 5+ miles a day of exercise and it's simply not possible to do this on the lead (cycling or running is not recommended for dogs). The area at Victoria Lane is unique and people have to drive to Fiesta Island (32 miles away) to get a similar area for real exercise. Would it be a possibility to have designated times of day in which dogs Off-leash dogs could be permitted to be off leash (ex.6-7:30 am and 5-6:30 pm?) I wonder if a "Time-share" situation would work or if it would require too much monitoring. Currently, I have no dog, but have thoroughly enjoyed early morning walks with friends who do have dogs. Most of those times people kept good track of their critters with only occasional mild altercations between the animals. All were quickly resolved. Vista has an off-leash dog park with a.trail around it and a fenced in Off-leash dogs playground for kids between it. If Vista can do it, Carlsbad can too. It's my opinion that Carlsbad simply doesn't want to as they are well- known for not being a dog-friendly area. This has been a wonderful gathering spot for our dogs to have off Off-leash dogs leash freedom to explore and socialize with other dogs. It has been a fantastic experience. This place is perfect for the off leash enjoyment of all. It has worked Off-leash dogs for 30 years!!!! Kids, pets, owners, families all enjoy this trail. Thanks for helping us keep it People who have been using this area for decades want to continue Off-leash dogs walking their dogs and socializing on the existing loop trail under the eucalyptus trees, not out in the open end in a structured dog park. This message has been a central theme for all speakers to date. The city council has asked the parks department to Develop plans that meet the communities deeds, from what I have seen the park department and planners are resistant to this, perhaps because it doesn't fit in the traditional "box" of what City trails and dog parks look like. lebcourage Citt employees to teamwork with the community to think outside the box and helo preserve this important gathering place. I would also like city planners to fulfill the mayor's request for Village H South Public Input Report 34 Dec. 10, 2019 Item #20 Page 66 of 196 Comment Theme(s) several Community outrage venues, we really need to be able to weigh-in on what the community plans the Citt comes up with. Thank you for tge opportunity for dialogue. Possibly al low off leash dogs a couple hours a day/a couple days of the Off-leash dogs week like Encinitas does at Orpheus an E street parks. Have a place where dogs can be dogs. On leash is no fun for dog Off-leash dogs owners or dogs. I'm not at all concerned with the indigenous wildlife .. This area is mostly developed property. There are plenty of areas in our state for wildlife that makes sense, but almost no place in Carlsbad to have a dog legally off leash. allowing dogs will end up with off leash dogs due to lack of ranger Off-leash dogs enforcement Off leash dog run would be an excellent addition to the neighborhood Off-leash dogs Although Carlsbad has other dog parks, they don't serve all dogs and Off-leash dogs owners -we can't make use of the current official dog pa rks. They're great for dogs that want to play with other dogs, but my dog is very skittish with other dogs. She does, however, love to run, and needs more exercise than I can easily provide walking her on a leash. An off- leash hiking trail has been hugely important to us. Also, I've seen this property used for the last 20 years. Dogs and their Off-leash dogs owners stayed almost exclusively on the two trails (upper and lower portion of the loop). It has not seemed to impact the wildlife in the area so far. This is the one place I can take my dogs and kids and every one get out Off-leash dogs and enjoy nature and my dogs are truly the happiest when here!! I meet friends and we all walk with our dogs and kids and this trail is a huge part of our lives. We are so upset that it is closed and could become a leashes trail. This trail offers shade that no other trails do in ca rlsbad. I took my dog to Ca lavera the other day and had to carry him out of the trail due to the heat. I really hope this trail remains as is and we have the pleasure of walking our dogs off leash . I've been going here for 7 years and my dogs are extremely happy when we go. It's very difficult to have small children and dogs when at the small dog parks we have. This trail allows the whole family to walk about and enjoy the shade and get exercise. People in the City of Carlsbad have an abundance of places to ride Off-leash dogs their bikes, hike/walk the many various trails throughout the city. Where are the areas with off-leash trails for dogs? That's right, there are NONE. The users of Village Trail H. have set a long-held precedent using this little natural area to meet with our dogs/family members and friends for many many years now. In my opinion, we are all tax- paying citizens of the city in which we live; and we would like to have our voices heard and acknowledged with a progressive plan of action Vil lage H South Public Input Report 35 Dec. 10, 2019 Item #20 Page 67 of 196 Comment Theme(s) by the City of Carlsbad in regard to establishing not only Village Trail H. as an off-leash dog play area, but also to incorporate other areas throughout the city that are open-spaced and natural -with this same idea in mind. Residents should not be subjected to being harassed and threatened with citations for enjoying outdoor spaces with our dogs off-leash! Some people have health issues that prohibit them from being able to Off-leash dogs run and play with their more active dogs. It is not enjoyable for these people, or their dogs, to both be tethered to a leash and told to simply walk in designated areas, and be thankful for that. It is quite frankly just not enough! It shouldn't have to feel like a punitive lifestyle choice in Carlsbad for residents to desire enjoying off-leash trail or beach areas with their dogs. This is one of my main complaints about living in the City of Carlsbad. Off-leash dogs The lack of a progressive and welcoming attitude by the city when it comes to dogs and their owners; and various fun off-leash areas for them to enjoy together -while socializing with like-minded friends and other residents. We can remedy this situation to the satisfaction of all concerned here. I know this can be done here, because it has been successfully done elsewhere. Let's work together as a community, and all of us help to adjust policy and fix this problem -so that everybody can feel happy and excited about living in Carlsbad ... not just those who want dogs kept strictly on restraining leashes everywhere they go! Have been walking with my dogs in village H for 30 years & no Off-leash dogs problems. Would hate to see any significant changes. Met so many nice people & off-leash dogs over the years!! I moved to the neighborhood because, not only is it amazing, but I had Off-leash dogs the opportunity to take my dogs and toddler to play at the same time as nature would have it. The dog parks make the dogs aggressive and I can't bring my toddler because he gets knocked over. This place was a thing of beauty as I could walk my kiddo and my dogs off leash, check out the nature, meet neighbors and new friends and both my son and dogs had a blast! Everyone is so conscientious of their dogs and never had a single altercation like I did multiple times at the dog park. This area is a place of beauty for the natura l way you can walk with your dogs and let them enjoy the freedom but at the same time, allow your little humans run around freely too. My son asks daily when we can go back to the dog path. In fact, the off-leash dog parks now in existence in Carlsbad are wholly Off-leash dogs inadequate, and much more dangerous a situation for dogs and their owners than Village Trail H. has ever been. My dogs have been attacked several times at the small dog park off of Carlsbad Village Drive, and I have been knocked over there by a group of dogs as well. Village H South Public Input Report 36 Dec. 10, 2019 Item #20 Page 68 of 196 Comment Theme(s) These types of instances have never occurred at the Village Trail H. property; where dogs are given enough room to freely roam with their owners, while also being able to steer clear of other dogs that perhaps they aren't as keen on. The social aspect of this area is well-established, and is very important Off-leash dogs for those of us who have made important connections and friendships with fellow Trail H. visitors. Carlsbad, sadly, is much less progressive than most other towns in San Diego County when it comes to spacious and attractive areas to be able to take our dogs for off-leash fun. We shou ldn't have to drive our dogs out of our city to enjoy being with them off-leash. A very large percentage of Carlsbad residents have dogs as family members in our homes, and our wants and needs in regard to where we would prefer to be able to take them, and exercise them off-leash, go largely ignored. Heading up the coast going north, one can find many areas, to include Off-leash dogs large beautiful parks and beaches, where dogs are welcomed in a friendly manner. Laguna Beach and Carmel, both lovely towns, are very accepting and accommodating to people who prefer natural areas to take their dogs for off-leash fun. These are just a few of the many, many examples I could provide here. The point is, there are no truly valid and compelling reasons why Carlsbad has to remain backward and less progressive than most other cities in California when it comes to residents being able to enjoy their time away from work and other responsibilities, while relaxing during off-leash playtime with their furry family members. So I believe it's important to maintain the off leash option for those Off-leash dogs dog owners who wish to use the area for that purpose. It's sad that rules, regulations and politics have delayed access to the area and created divisiveness within the community. This property has been used as an off leash dog park for years, thou Off-leash dogs not officially. It has been a treasure to the community and residents. It would be great if it could stay that way .... I'm concerned about the possibility of this property becoming an off-Off-leash dogs leash area for dogs -unless some space can be contained and controlled without interferring with walkers and adjacent home owners. I have been taking dogs off leash since moving to the villas across from Off-leash dogs village h 18 years ago. If I cannot continue to take my dog off leash there I doubt I will return This is the one place I can take my dogs and kids and every one get out Off-leash dogs and enjoy nature and my dogs are truly the happiest when here!! I meet friends and we all walk with our dogs and kids and this trail is a huge part of our lives. We are so upset that it is closed and could become a leashes trail. This trail offers shade that no other trails do in ' Village H South Public Input Report 37 Dec. 10, 2019 Item #20 Page 69 of 196 Comment Theme(s) carlsbad. I took my dog to Calavera the other day and had to carry him out of the trail due to the heat. I really hope this trail remains as is and we have the pleasure of walking our dogs off leash. I've been going here for 7 years and my dogs are extremely happy when we go. It's very difficult to have small children and dogs when at the sma ll dog parks we have. This trail allows the whole family to walk about and enjoy the shade and get exercise. Have been walking with my dogs in village H for 30 years & no Off-leash dogs problems. Would hate to see any significant changes. Met so many nice people & off-leash dogs over the years!! Could the site formerly planned for a Community Facility be used as Off-leash enclosure an off-leash dog area. Possibly fence in a portion of that area? Having an enclosed off leash dog area next to the trail is a good idea. If Off-leash enclosure there is going to be an enclosed off leash dog area, it should have designated areas (within that space) for large and small dogs. I am not opposed to an off leash area but I think it should be Off-leash enclosure contained, like the dog park on Carlsbad Village Drive but potentially bigger and more "natural" looking. Not all dog owners keep good control of their dogs when out and they can sometimes attack other dogs before the owner can stop them. Are not the dogs and humans part of nature. Why be so selective Off-leash enclosure about what you call nature. Perhaps the city trail could be inclosed so the dogs and humans could not get away to bother the so called wildlife. Or the sensitive habitat could be inclosed to let people let there dogs run free. The only so called wildlife that I have seen in that area is coyotes, that are fairly similar to dogs. I am not a dog owner myself but I can appreciate that dog owners need a place to let there dogs run free as intended. So few places exist anymore. Of course the dog owners need to be responsible to pick up after there dogs, but this happens anywhere even if they are on a leash. I'm concerned About off-leash area as my dogs are small .. I'm afraid Off-leash enclosure to walk them where large dogs are unleashed .. A separate area for off leash ... please Separate fenced off-leash area with specific signage for it. Off-leash enclosure The area that has been colored in brown at the north end could be an Off-leash enclosure off leash part of the park. Not sure how to manage the containment of said area and be wildlife friendly tough. Our family, both human and furry members, use this specific trail to Off-leash enclosure, exercise together in nature. We do frequent the dog park 1 mile West habitat/wildlife, on Cbad Village. However, this park does not encourage exercise for walking/hiking, the human members of our family, does not have a felt connection preservation with nature, is not big enough for our furry family member to feel free, and has little shade. We have enjoyed getting to socialize with Village H South Public Input Report 38 Dec. 10, 2019 Item #20 Page 70 of 196 Comment Theme(s} with members from all walks of life of our community. We find Village H to be a very special aspect of our location and would hate for it to drastically change. However, we do fully support the limits that need to be placed to protect our precious lands and wildlife. Thank you for taking the time to hear out your local community members. We look forward to contributing to the community voice moving forward. The noise from truck traffic and storage activities from the city's Off-leash, enclosure, material/storage space can be heard throughout the area, often early preservation in the morning. We would like to have a quieter presence in the canyon, perhaps fenced dog off leash areas in that space, or actual open space/preserve. Amend city codes to allow for a fenced area to let dogs off leash just Off-leash enclosure, in this one area. I do NOT want one of the city's typical dog parks. habitat/wildlife, Keep the natural environment and limit types of improvements to just preservation dog waste stations. People have been using the area 'as is' for decades and want to keep it that way. Maybe fence off sensitive habitat areas instead of fencing off area for dog run. Please keep as much open space/ wildlife area as possible. Allowing Off-leash dogs, some space for the dogs to roam and play would also be fine if laws habitat/wildlife and signage would be in place to make sure that pet owners keep the land clean. protecting wildlife and exercising dogs off leas Off-leash dogs, habitat/wildlife I have used this path for over 18 years with my dogs off leash. I have Off-leash dogs, never had an issue with other dogs or dog owners. I love what the City habitat/wildlife has done so far by clearing the dry grass and marking the path with a nice fence that only corrals the people. I fee l that the wildlife has not been run off after all this time, we have coyotes, bobcats, owls and hawks hunting in our neighborhood all the time. NATURAL BEAUTY Ecosystems are fragile, including human Off-leash dogs, ecosystems, and especially, human/animal/plant ecosystems. We had habitat/wildlife a beautiful Village H, a winding natural path, bushes, birds, bees, rabbits, mice, skunks, hawks, owls, coyotes, and yes--humans and OFFLEASH dogs! There was no habitat destruction--no beer bottles, no litter, no trash, no fights, accidents, no trampling of sensitive habitat. It was natural enough for all these creatu res to live and mingle happily. Who are you protecting the habitat from? The construction itself is likely to drive away wild life rather than retain it, natural habitats have been disrupted and destroyed by the construction. It's been transformed into a mulch and stump desert, and a Mack truck can drive through it. The main feature is a mile-long fence and a superhighway-flat dirt road, with concrete dribbling into the habitat. It is ironic that wildlife cameras have been installed--what wildlife is expected there now!? The trimming, thinning, mulching, grading are Vi llage H South Public Input Re port 39 Dec. 10, 2019 Item #20 Page 71 of 196 Comment Theme(s) careless and excessive. Drainage was managed by existing boulders, which now will be rep laced by piles of rocks? The cattle chute at the entrance is galling. I live next door to village hand I think something could be worked out Off-leash dogs, to accommodate neighbors, off leash dogs and wildlife habitat/wildlife we have been taking our dogs up there for a long time. I know you Off-leash dogs, have to protect our wildlife etc ... we like what has been done to habitat/wildlife improve h south. I don't know about anyone else, but now that the railing is up to protect wildlife, I would have no problem keeping my dog unleashed and keeping him within the railings. I hope this matter is solved soon. this has been a safe haven for pets, walkers, and runners. Village Trail H. has been an area that many residents have come to Off-leash dogs, know and love as an off-leash dog exercise area, as well as an area to habitat/wildlife enjoy the outdoors and nature among like-minded friends and neighbors. We have been using this area with no problems whatsoever for over 30 years now. This specific area has become important and special for us, and there is no other area in Carlsbad like it at all. Village H South Public Input Report 40 Dec. 10, 2019 Item #20 Page 72 of 196 Comment Theme(s) Leave it be. Wildlife already has its corridor as is. People can walk with Off-leash dogs, their dogs freely as it is. Why do people have to pave trails ruining the habitat/wildlife natural trail. Why must every piece of land have to be developed or fences off. Leave it alone I grew up enjoying this space as a child. All of the neighborhood kids Off-leash dogs, would gather together to enjoy the nature site, plan games, get habitat/wildlife physical activity & use our imaginations. Having no restrictions on where we could go and what we could do, while being contained in a larger safe space was simply magical. We played Indians, animals, had picnics, worked out, ride bikes, walked, talked, made neighbor friends & so much more. If I can be so lucky to prove my future kids with a special place as, what we like to call, The Canyon, I'd consider myself a successful parent. Natural habitats like this are so rare these days and the outdoors, untouched by humans, is something we all need in our lives. We also had a family dog that got to be more than a suburban dog because the canyon provided him with a space to run free. He knew the way to the canyon like the back of his hand and when we didn't make the right turn on Victoria he would throw a fit. I also remember when I was young and the canyon was under some threats of change and all the neighborhood kids gathered together and made petitions and posters asking to save our favorite place. I'm sure our parents have photos of this parade to the canyon to raise awareness and save this natural habitat. This place is a landmark on our neighborhood, in my family & with all the other families who have used it over the past 25+ years. Please create a plan that saves the beauty of the space as well as it's uniqueness. When I was leaving the grou p meeting held by the City of Carlsbad a Off-leash dogs, few weekends ago, I asked the women who was manning the exit habitat/wildlife table what one of the main concerns were regarding off-leash dogs at Village Trail H. She replied that, "The city is concerned about dog poop there." I then explained to her that dogs on leashes also poop, and so that is a moot point for the city to make. Then she explained that wildlife could be impacted there. Okay -so we are talking about a very small area, in the scheme of things, that has been used by many of us for over 30 years without any known incident impacting wildlife. A biologist who spoke at the (recorded) city hall meeting in response to this concern, explained that she had never seen any endangered species, or even threatened species, inhabiting the tiny area that we are all talking about here. While I don't own a dog, many of my neighbors do and enjoy walking Off-leash dogs, their pet off a leash in that area. I support this option as it seems habitat/wildlife people that do use it for exercising their dog do so with a great amount of respect to the natural habitat and the neighborhood. Village H South Public Input Report 41 Dec. 10, 2019 Item #20 Page 73 of 196 Comment Theme(s) I used to live in Tamarack Point. I rescued a shy puppy who learned to Off-leash dogs, socialize with other dogs at the trail be.cause the people on the trail habitat/wildlife encouraged us to come. She remembers the other dogs and the people there. I know because her tail wags when she sees the ones she remembers. With the least amount of construction we can keep this place a friendly off leash trail that doesn't disrupt the wildlife as it is. There is no other dog park where people remember your name and your life story. It has turned into a community of dog friendly people. Are domesticated wildlife (pets) need a place to feel free and happy too, something that offers more than an intimidating dog park can provide. People need a place where they can learn how to be better dog owners together too. It takes a village. Modifying the existing black steel fence where it runs along Carlsbad Off-leash dogs, Village Drive could help increase animal migration. For example, habitat/wildlife putting some larger (12"x12" maybe), open rectangles down low would permit larger animals to go through, but keep people out of the habitat area. Village H South is the ONLY place in town where people can go out in nature together untethered to each other. Dogs behave better off-leash than on-leash, plus they get to socialize naturally with other dogs. That reduces aggression. protecting wildlife and exercising dogs off leas Off-leash dogs, habitat/wildlife In the meeting we discussed the need to reallocate new protected Off-leash dogs, land if some was used for an off leash or tail area. I believe there is habitat/wildlife enough space in all of the Village H South area to do so, and to keep all parties satisfied. A wildlife corridor under Carlsbad Village Drive; separate defined Off-leash dogs, spaces that allow the historical off leash dog park to persist while habitat/wildlife protecting wildlife protecting the wildlife and dogs off the leashes are already legal Off ~leash dogs, challenges not even saying about safety of people habitat/wildlife, safety Village H South Public Input Report 42 Dec. 10, 2019 Item #20 Page 74 of 196 Comment Theme(s) I have used the property for years to allow my dog the opportunity to Off-leash dogs, exercise off leash. For many dogs the use of this property in this habitat/wildlife, manner is not replicated by dog parks at Alga Norte or just up the preservation road off of Carlsbad Village Drive. The trail allows the dogs to move over long distances which provides them an outlet for their energy levels. They love it and we love it. I am also an environmentalist and teach environmental classes. I understand the importance of providing adequate wildlife corridors for animal species, especially animals such as the bobcat that require large territorial areas. Additionally, I understand that the coastal sage scrub habitat is a biodiversity hotspot that needs restoration and protection. I would hope that a compromise could be reached where maybe the upper trail behind the homes may be maintained as an off leash dog trail and the remainder of the property could be restricted to use, restored and used as a habitat corridor. That would leave most of the property undisturbed for wildlife. I have seen unique animals such as bobcat on or near that property. I know that the area is important for maintaining our healthy wildlife populations, however, I also think that there should and could be a way to open up portion of the property just behind the homes to allow for use as an off-leash dog trail. I will also say, that in all the years that I have used this property this way, the dog owners are very good about keeping their dogs on the established trails. They are not like some of the recreational users, such as mountain bikers, that go off trail and create loss of vegetation and erosional damage of the trails as is seen at Mt. Calavera . It would be nice to have a fenced dog park where dogs can run off Off-leash enclosure, leash yet not be able to bother wildlife in other nearby areas. It's habitat/wildlife important to have an area where dogs can run free and socialize with each other, since not all dog owners can keep up with an energetic dog. It's really important for service dogs with disabled owners to have this kind of exercise opportunity. The existing dog park down the street has limited parking and is very Off-leash dogs, small. The Village H area seems like it is mostly used by local residents; parking/traffic many of whom walk. It seems like the site formerly planned for a community facility was the primary area where dogs could run off leash and that it is still be a good area for the same. There have never been any issues with dogs off leash on the trail before to the best of my knowledge; why change this? It seems as though the issue is simply one of government trying to take control of every piece of land they can. We are already battling with Calvera and Fish and Game, why make another local area inhospitable for residents? Village H South Public Input Report 43 Dec. 10, 2019 Item #20 Page 75 of 196 Comment Theme(s) Whatever design is implemented should maintain the same features Off-leash dogs, as the current off-leash trail. If the habitat plan is outdated and parking/traffic, considered to be erroneous in detail, it would be worth modifying it to safety result in a better facility, even if it takes some time and effort. The offleash design probablywill need parking amenities due to increased use once publicly run. Safety and liability concerns related to offleash use are important to address, but can be addressed and should not scare people from implementing the off-leash facility. Although I like the idea of an off-leash dog park, my question would Off-leash dogs, be who is able when something happens? What happens if a dog safety attacks another dog, or a child? Is the city responsible? Is there a potential for lawsuits against the city? Who is going to pick up dog waste that owners don't take care of? Having dogs off leash is dangerous regardless of how well someone's Off-leash dogs, pet is trained. It's a recipe for injured animals and lawsuits. safety It was great the way it was so we would like to see it changed as little Off-leash dogs, as possible. This includes no additional facilities and no different rules, preservation as much as possible. It ran beautifully for many many years. Costing nothing with minimal Off-leash dogs, complaints. I went 2 times a day for 2.5 years. Never saw litter or preservation damage to nature. Very safe neighborhood with like minded people walking their dogs. Finally, please consider that "off-leash" is simply a euphemism for "no On-leash dogs poop pickup." I personally have observed these many of these folks walking their dogs off leash on the trail. Often they are walking in groups, chatting and ignoring their dogs, or walking alone and talking on their cell phones, again ignoring their dogs -and not picking up after them. Dogs need to be on leash, I have lived and walked that area for 16 On-leash dogs years, and I have seen dogs off leash go after dogs that are on leash. NO off leash dogs. On-leash dogs Need to keep the dogs on a leash per city, county laws. On-leash dogs As a resident overlooking the existing dog trail, I strongly discourage On-leash dogs reclassification as an off leash dog area. Over the years, noisy walkers, fighting dogs, barking dogs, and the stench of dog manure has been very annoying. Please do not allow off leash dog walking, and please post sufficient signage to keep the noise down. NO OFF LEASH DOG PARK. On-leash dogs Should not be a dog park or a place for dogs off leash On-leash dogs Pets {dogs) must be on leash. ' On-leash dogs Village H South Public Input Report 44 Dec. 10, 2019 Item #20 Page 76 of 196 Comment Theme(s) Off-leash dogs pose a danger to people who want to walk the trails On-leash dogs and also encourages dog owners not to pick up after their dogs. Also, the noise reverberates off of the canyon walls and can be heard by homeowners living above the area. I love the Village H area and have enjoyed the natural setting for years On-leash dogs (I didn't know I was trespassing despite the signs, I'm sorry!!!!) With that said, I stopped going because my on-leash small dog was attacked more than once by off-leash dogs. In fact, I once went alone for a nature walk and was approached by two dogs. I love animals and am a pet owner, but am definitely not for an off-leash dog trail like it has been in the past. How do you plan to keep Off Leash dog off the City Trail? I prefer dogs On-leash dogs that are leashed. I've fallen because of an off lea shed dog. I stopped going to Village H because of all the. unleashed dogs. When I did frequent;y go there, my dogs were on leash, which caused others to complain that their unleashed dogs were more aggressive to a leashed dog. I would like to walk my dog on the city trail. .. looks nice, but not if we have to watch for running dogs. My young greyhound was hit by a running shepherd right on her nose, caused a terrible nose bleed that would not stop bleeding. Vet had to prescribe a tranquilizer to calm her so it would eventually slow down and stop. I stopped going there. There are dogs everywhere now days. It would be great if they were On-leash dogs not running around wild ... We would use this area more often for walking and exercise if dogs were leashed. Dogs off leash-NO, No, No. I don't know your dog and don't wish to. On-leash dogs There is an epidemic of dog bites in the US. I was an ER Doc. I used to enjoy walking in the area, but off leash dogs have attacked On-leash dogs my small children on two separate occasions. I no longer bring them with me to the area, and only go sparingly now because of the dog issue. Also, there is dog waste everywhere, which is harmful to nature and makes it less enjoyable to visit currently. Please. Do not allow people in this area to take their dogs off their On-leash dogs leashes. I feel that all dogs in this area need to always be ON a leash. Senior citizens and children who want to walk their dogs (on leashes) in their neighborhood can be placed in serious jeopardy and danger by dogs off leashes. I cannot stress this enough ! Dogs don't need to be off leash at Village H. On-leash dogs Carlsbad already has nice dog parks for off leash dog use. On-leash dogs Village H South Public Input Report 45 Dec. 10, 2019 Item #20 Page 77 of 196 Comment Theme(s) I strongly oppose use of the property for off leash dog use . People On-leash dogs have illegally taken over use of the property as an off leash dog park, discouraging local residents from using the property as open space trails. I used to enjoy taking walks on the property with my grandchildren, but have been forced to stop that because of off leash dogs running loose. Please do not ruin the potential enjoyment of this property for all of us non dog owners. Allowing unleashed dogs is a very bad idea! On-leash dogs I think dogs should be kept on leash because of the wildlife. If they are On-leash dogs allowed to run free, they might be attacked by coyotes and bobcats. I live right up against this new Village H South. While I believe the park On-leash dogs should be used for walking dogs and conservation, I don't believe dogs should be leash-free and violate the existing agreement the city has made. There is LITERALLY the Ann D. L'Heureux Memorial Dog Park right up the road. Like less than two minutes away and it is leash-free. A relative is blind and has a guide dog, it would be unsafe for them to On-leash dogs use this proposed off leash park. This person and her guide dog have already been attacked by off leash dogs in residential areaswith a resulting form of PTSD. Do not want another off leash dog, it Is not safe as some dog owners do adequately control their dogs. Handicapped persons should be able to enjoy village H without fear of being attacked .. up}9 Please d.o NOT allow the area to be an off leash area. I walk by the On-leash dogs area almost every day taking my kids to school. The dog owners' do not use leashes to walk their dogs to the area . So, I have witnesses multiple incidences with the dogs not being on a leash. First, charging and growling at my children. Next, my dog being attacked 3 times. Lastly, multiple times the dogs run into traffic and nearly cause accidents. I would love to use the area with my dog, but because of so many On-leash dogs irresponsible dog owners I can't. The area is just not safe with dogs off th_eir leashes . There is a "Dog Park" for that reason less than a half a mile away. Use that area if you want your dog off a leash. I live on the southern border of the park. It has been a dog trail for On-leash dogs years and years. Thank goodness the city now owns it and not the former owner. I am fine with it being either on or off leash, but as a resident, I have heard some dogs being aggressive with other dogs down there, and a few skirmishes.-As part of this new park, I request that the City yard below not be used like a public works lot. We put up with that for a couple years, and luckily after speaking with Greg Jackson and Mr. Didier, much of that seems to have stopped. Please make sure it stays stopped. It is horribly noisy and not conducive to a nature trail. Thanks. Village H South Public Input Report 46 Dec. 10, 2019 Item #20 Page 78 of 196 Comment Theme(s) I'm also concerned that the community meeting misrepresented the On-leash dogs actual direction given by council so that they seemed to endorse off- leash use. I walk my dog several times a day and for at least a mile each time. My On-leash dogs concerns are that my dog is safe, and so am I, and that we can walk in a stress free space. Often these off leash places turn out to be a nightmare. Some owners are not responsible, their dogs are not well behaved and are bouncing and jumping all around bothering other dogs, adults and small kids. The walking trails need to be wide enough that you can pass even if On-leash dogs you have several dogs with you on leash, that the path is easy on their ' paws, so dirt is a better option, so they won't burn their paws, and that there are ·sources of water if need be and trash cans to dispose of their waste. Dogs should stay on leash On-leash dogs I am opposed to dogs running freely, not on a leash. On-leash dogs No to unleashed dogs On-leash dogs I was not able to enjoy this area due to the dogs off leash. I was On-leash dogs charged by a large dog running full speed at me (I was walking with a friend and we had not pets or kids with us). The irresponsible owner didn't even call her dog back or acknowledge that it skidded to a stop before hitting me. She just laughed. Please ... no off-leash dog parks or beaches in Carlsbad. It's too dangerous. I live right on the edge of the area we are speaking about. I frequently On-leash dogs hear people yell to the owners of dogs who are off their leashes to "keep your dog away from my dog'' or" keep your dog away from me "or "keep your dog away from my child." Off-leash dogs are a menace to a peaceful walk. I hear dog fights in the park, too. Off-lease dogs are not controllable in such a large space. The Carlsbad Village Drive dog park should not be considered a valid On-leash dogs alternative to off-leash dog exercise -the area is simply not big enough for the dogs to exercise in. The small area also offers no space for dogs to relax .or move away from any dominant dogs in the area as a much larger space is required. It also offers no space for humans to exercise with their dog. , I feel dogs should be on-leash in this area for a simple reason: I used On-leash dogs to take my dog on a leash to Village H South, but I stopped doing that because there were dogs off-leash that became quite aggressive with my dog. It is unsafe for dogs to be off leash on any trails ...... PERIOD! Thank On-leash dogs you. Village H South Public Input Report 47 Dec. 10, 2019 Item #20 Page 79 of 196 Comment Theme(s) We do not think that dogs should be off leash in public parks. There is On-leash dogs a dog park less than a mile away. Dogs should be on leashes at all times to avoid animal fights or attacks on Individuals using the trails for exercise. I've witnessed community members illegally using the land and ignoring no trespassing signs to walk their dogs without a leash. If this is to be an official community park, dogs should be on leashes at all times. This path enabled us to expose our children to dogs and reduce their On-leash dogs fear before we owned one. I am not in favor of an additional chained fence area for off leash dogs as one is located nearby on Carlsbad Village. My wife was once bitten by on off leash dog and required treatment. I On-leash dogs am NOT in favor of any off leash areas for dogs with the exception of dog parks and enclosed residences: Dogs are non-discriminators with respect to nature and /or unusual situations. People should be responsible for their animal's actions at all times. Our property is fouled by dogs on a regular basis and one neighbor thinks nothing of having their under age children walk their dog onto HOA property to defecate and urinate. Often the dog does it on our front lawn. We don't like it and in the interests of being a "good neighbor" we do not complain, either. But ......... I don't want a loose dog bothering me on the trails. On-leash dogs i love dogs, yet am opposed to this area being used for off leash On-leash dogs activity. I live very close to this property. I don't think dogs should be allowed On-leash dogs to run wild. I have a dog myself, and it has been attacked by dogs that were allowed to run loose . I DON'T THINK DOGS SHOULD BE ALLOWED OFF-LEASH--- No dogs off leash anywhere! On-leash dogs There is already an off-leash dog run down the street on Carlsbad On-leash dogs Village Drive, so another nearby area for off-leash dogs is not necessary. I have a small dog. I'm not in favor of off-leash areas. Oceanside has On-leash dogs many off-leash areas. Owners, often with multiple dogs, have little or no control of their dogs off-leash. There are off-leash areas in oceanside where I could not even get out of my car for fear of the huge dogs running all around the parking lot. I've been to off-leash areas in encinitas and find them unpleasant to be around. An enclosed off-leash park such-as the one on Carlsbad village drive is fine. Off- leash trails cater to a small segment of the community and drive away nature lovers, parents with small children, and seniors who just want to go for a walk in natrue. Village H South Public Input Report 48 Dec. 10, 2019 Item #20 Page 80 of 196 Comment Theme(s) I used that area more often years ago. I always enjoy watching the On-leash dogs dogs run and play. At that time there were no issues with the dogs fighting. Not sure about now. Would rather see the dogs on a leash. Many people and dogs are very afraid of an unleashed dog running up On-leash dogs to them. This trail should be be for people to relax and not worry about an unleashed animal spoiling that time. We have dog parks in Carlsbad where animals can run free!!! By the way, I am a dog lover, but unless they are in my own yard, they On-leash dogs are on a leash!!! That's called "Respecting our neighbors!! Current off leash dog parks are difficult for my dog since many of the On-leash dogs dogs are too aggressive for her and owners do not always monitor their dogs well. She likes to play catch with her ball and other dogs interfere. Plus she gets the bark in her mouth and fur which does not seem sanitary. Carlsbad has become too difficult to walk with pets even on a On-leash dogs leash ... ie PASSING through a park (not stopping) ... was told to leave by "Park Ranger" when only passing through! Yikes!! I stopped using this property with my children and to go.on runs On-leash dogs because of irresponsible dog owners who let their dogs off leash. Please don't make this an off leash area. People let their animals jump on my children and run up barking and growling at us, then get mad when we had an issue with it. There may need to be a place for people to walk dogs but as long as On-leash dogs many of them don't pick up their dog poop, I see no reason to give them more space to poop up. Although the "off leash" gang is very vocal, there are many more of us On-leash dogs who want this area to follow the leash law. Off leash dogs are dangerous to leashed dogs and their owners. Please do not make this new park a dog off leash place. We already On-leash dogs have parks, school grounds and trails where aggressive dog owners think they have a right to have their dog off leash. We have experienced several dogs at the beach and lagoon chasing our grandchildren. Check out the number of children treated every year at Rady's children's hospital!! And most of these dog bites are to children's faces! We have hired two rangers in the city to enforce the dog leash law. Keep it uniform citywide. Just because people have been ent Please do not allow off leash dogs. My sons have both been attacked On-leash dogs by aggressive dogs that were off-leash in this area. I do not want to see this beautiful preserve turned into a dog park which will eliminate all the families and children in the are from enjoying its beauty. Also, would like to see it patrolled regularily to ensure everyone is treating the area appropriately. Village H South Public Input Report 49 Dec. 10, 2019 Item #20 Page 81 of 196 Comment Theme(s) Dogs off leash are sometimes a danger to people on the trails. All dogs On-leash dogs should be on a leash! Dogs off leashes are dangerous and a liability. Dog poops can make On-leash dogs you sick. Letting dogs run free (off leash) is a very bad idea.The rule against On-leash dogs unleashed dogs is not only a good idea that must be enforced, but it is essential if we are to achieve other priorities for Carlsbad's trails. There is an off-leash dog park less than a mile from Village H. Dog owners who insist on letting their dogs run free should be directed to it. Don't let Village H become another dog park. Require dogs to be leashed at all times and under the control of the On-leash dogs owner. I think the intent of the lawsuit was to add to open space for ALL the On-leash dogs citizens of Carlsbad as well as providing a wildlife corridor to maintain a healthy ecosystem for our native habitat. Off leash dogs are incompatible with City trails. There is another dog park a mile away. Please do not let dogs off the leash at Village H. If you let it happen, On-leash dogs, regular hikers would not be able to enjoy what is ours to enjoy. I am walking/hiking noticing that dog owners are more selfish and look for their interest not considering other people's feelings. Dogs are everywhere, from grocery stores, especially meat and dairy cases (seen dogs sniffing lunch meat at Vons) to sitting on driver's laps and causing distraction that can endanger public safety. Dog owners often do not clean after the dog and droppings eventually end up in the ocean and pollute a marine life. Let's not give advantage to the dog owners at this property, so we can all enjoy it. Let them have a dog park across from Carlsbad Village near Concord where they can run freely as much as they want. For 20 years I used to run and walk there several times a week until it On-leash dogs, became so overrun with dogs that would chase me and nip at my walking/hiking ankles as I ran. Most dogs are OK but there are always a few bad ones. I now hardly ever enjoy the park/trail. Village H South Public Input Report 50 Dec. 10, 2019 Item #20 Page 82 of 196 Comment Theme(s} Our dog has been attacked by various dogs that are running free in On-leash dogs, the area several times. One of the times resulted in our dog being so walking/hiking severely attacked by another dog that surgery was necessary ... surgery that was well over $1,000 dollars. The owner of the dog was not at all concerned, and also didn't feel that it was up to him to pay for the surgery. After that, we no longer take the dogs to the area, but my husband and I do periodically walk there. It is upsetting to see that many people don 't pick up after their dogs. My husband typically carries bags with him to collect waste the is left behind by uncaring pet owners. I also don't appreciate random dogs I don't know running towards me barking. I feel that if a dog is off leash, it is potentially a wild animal since it appears that most pet owners are not properly equipped to train their dogs. Also, my husband is extremely social and casually talks to many of the visitors to the trails. Over the past couple of years, one of the questions he asks is where the walkers live. Many don't live in Carlsbad but in the surrounding cities (Vista, Oceanside). I'm not sure why an off leash dog park has become a priority. When On-leash dogs, Village H was fenced by a previous owner, the area was taken over by walking/hiking, dog owners as their own "private" dog park (for about the past 10 parking/traffic years). Before that, we used to walk regularly through that area and our kids played there. With dogs off leash, it was not the tranquil walk it was previously. I'm sure the dog owners who took over the area are the ones pushing to make it off leash again. With the city's official dog park just half a mile away, I don't understand the need for another dog park -keep it part of the Carlsbad trail system. If an off leash park is put in, then parking on the streets (Victoria, Kingston) will not be enough. There would be a need for a parking area, likely using part of the area formerly intended for a community facility. But my preference would be not doing anything beyond than making the area part of the trail system. Keeping an on leash requirement, will protect wild life and also the On-leash dogs, dogs, so they don't encounter snakes or coyotes. habitat/wildlife Let's put wildlife FIRST -it is irreplaceable here in Carlsbad. All the On-leash dogs, development in Carlsbad has seriously affected our wildlife. Please do habitat/wildlife not let dogs run off leash which will scare and harm wildlife (and damage the property). Dogs have dog parks. Carlsbad already has an off-leash dog park very close to Village H On-leash dogs, South. Wildlife has fewer and fewer options as growth and habitat/wildlife development continues. Judging from the amount of dog poop I see when I walk on the residential streets, I don't believe that every dog owner using Village H south will pick up their dog's poop. In an off- leash situation, many dog owners will be even less motivated to do so. Village H Sout h Pu blic Input Report 51 Dec. 10, 2019 Item #20 Page 83 of 196 Comment Theme(s) I'm concerned by allowing off leash dogs in a wildlife habitat area, On-leash dogs, contrary to existing city policy, you'd be setting a dangerous habitat/wildlife precedent. This area's first priority is for wildlife and movement corridor protection. ' Please don't turn this into a private hangout for people who want On-leash dogs, their dogs to run free. This area should be for everyone in Carlsbad habitat/wildlife who enjoys wildlife and nature and left as a wildlife corridor for preservation of species. I used to live near there and although I love dogs, I felt very uncomfortable with dogs I did not know running up to, barking and jumping on me. We used to take our dog there off leash and really enjoyed it when we On-leash dogs, were the only ones there. Another owner threw a ball for his dog and habitat/wildlife ours ran after it and was attacked by the other dog. Owner said there was no contact and quickly left. Our vet bills were over $800! Not all dogs are Golden Retrievers. We would love to return and enjoy the area on leash. There is an off leash area so close, please Do Not turn the area to an off leash park! Habitat, animals, pets and people (especially children) would suffer for the well meaning people who want an off leash facility. My dog has recently died, but I hope a compromise can be reached On-leash dogs that keeps all involved safe. In the past there have been issues with ,habitat/wildlife aggressive dogs. As much as we enjoyed it, I realize I was selfish about the repercussions and the "whole picture" as far as wildlife concerns, etc The cost of maintaining a off-leash area for dogs is worrisome, as well On-leash dogs as the impact of wildlife patterns that current intersect with the ,habitat/wildlife, proposed off-leash area. Traffic is also a concern, and whether the city parking/traffic will devote enough personnel and financial resources to ensure that the resident's quality of life is not negatively impacted by a new off- leash area in a city without many off-leash areas. Please keep in mind as you develop the "plan," that advocates of On-leash dogs, more off-leash space have demonstrated over time their disregard for habitat/wildlife private property, for wildlife and habitat preservation, and, most recently some, for city rules (e.g., by ignoring the "No Trespassing" signs and continuing to walk their dogs off leash on the closed off trail). These folks are not to be trusted to obey trail designations that restrict dogs to leashes. Yet, it is a matter of safety, as well as wildlife and habitat preservation that off-leash dogs not be allowed where others may be using the trail. Village H South Public Input Report 52 Dec. 10, 2019 Item #20 Page 84 of 196 Comment Theme(s) Please don't let dognuts intimidate you into letting yet another area On-leash dogs, be a free-range space for their pets. They damage wildlife by chasing habitat/wildlife, and harassing wild animals and constantly leaving their waste in the safety area. Owners constantly put themselves, their pets, and others at risk of being attacked by their animals. Additionally, loud barking is constant. I am completely against the idea of unleashed dogs. It would be only a On-leash dogs, matter of time before an incident occurs and the city could be liable. safety Also, less likely owners would remove excrement. Not all dog owners are responsible when they exercise with their dog On-leash dogs, off leash. If there is a dog fight or biting, the city would be responsible. safety Also the thought of a dog off leash area is misguided. Many people do On-leash dogs, notwish to have their dogs off leash and trying to walk a dog with off safety leash animals running free will cause instances of liability from dog caused injury. Not only to animals but to children and adults. An off leash dog park is a huge problem both for the dogs and the On-leash dogs, people who think they are a great idea. The liability to the City is great safety and there is no responsibility assumed by the owner. No matter how many signs you put up unless you have an animal behaviorist there at all times to break up or stop bad dog or bad human behavior the liability is astronomical. I have seen to many "good dogs" attack because their owner was not paying attention . I was unable to attend the meeting due to an out of town conference but would like to attend a future meeting on this issue to speak from a different angle. 1) excessive dog poo (already there because owners aren't watching On-leash dogs, when their dog goes), 2) safety of me or my dog when I walk through safety village Heither by myself, or with my dog on leash. Often dogs come up aggressively and have no owner nearby to restrain them. 2) With so much wildlife corridor already cut by new development, adding leash free area can inhibit the corridor. Oops, missed the last sentence completion ... just because folks have On-leash dogs, been using private property illegally for years does not warrant so safety now. The city will be assuming liability now. Please make this new open space welcoming for families with little children by keep dog walking on leash. Thank you. I have grave concerns about unleashed dogs .... for the dogs' safety, On-leash dogs, people's safety, and wildlife safety safety Village H South Public Input Report 53 Dec. 10, 2019 Item #20 Page 85 of 196 Comment Theme(s) I live on Kingston Street and the parking at the end of my street is On-leash dogs, often crowded and dangerous. Dogs are never leashed and I have parking/traffic, almost hit animals and children running across the road. It's hard to safety see oncoming traffic when turning left or right into Victoria Ave. We do not use the trail with my dog but when walking my dog to the end of the street, we often have stranger's dogs, off leash, run up to her aggressively. The folks who use the trail don't respect the parking or the residents who choose to keep their dogs leashed, it's rather frustrating and dangerous! Village H South Public Input Report 54 Dec. 10, 2019 Item #20 Page 86 of 196 Comment Theme(s) My property abuts to the trail. I have lived there for 30 years. During On-leash dogs, that time the trail went unused a good part of the time. Then it parking/traffic, started to have people hike through it. I have seen families, children, safety elderly, handicapped use the trail as it is easily accessible and fairly level. These individuals have been a low impact on the neighborhood. Some years ago people started walking their dogs and letting their dogs run off leash. There has been endless dog fights, encounters with hikers, people yelling to keep their dogs away, including away from children. The off leash dogs have devastated the bottom of my property by running along the fence line. The impact on my own pets was terrible. I had to get rid of my own dog because of its barking and interaction with other dogs that would bark at it and jump on the fence. The owners have never cleaned up after their pets and allow them to run through the trail area and off the trail area. I have no problem with dogs on leash under control, but this is not a place for dogs to be off leash. The area is too big and unconfined for control of dogs. Owners are often hundreds of feet from their animals and sometimes not in sight. It is dangerous and makes the trail that has potential to serve a large population, including handicapped and disabled and elderly from enjoying the trail. 1) We've been told that "historically" Village H has been used as an off-leash dog park. This is not accurate. We have lived here for thirty-three years, and "historically" everyone was able to walk the trail. However once the big off-leash dogs arrived, it was no longer safe for young children or small dogs, as the larger dogs are often quite aggressive (and perhaps why their owners bring them to Village H instead of the dog park one half mile away on CVD.) 2) Parking should be a priority concern. Parking along Victoria and Kingston during early morning and after- work hours was already a problem near Village H, including illegal parking in front of the fire hydrant on Kingston. When officially opened to the public, it could be much worse. 3) Apparently Victoria Avenue has been renamed to "Victoria Lane" on the maps associated with the project. To be very clear: Victoria is no country lane. It is a connector used by many drivers to travel between Tamarack and CVD. The city seems to have implicitly recognized this by putting stop signs on every block of Victoria, as well as a crossing area on CVD. To sum up, between the number of cars traveling on Victoria, the potential increase in the number of parked cars, the number of off-leash dogs and their clueless owners who don't look both ways before crossing the street, I would think the city might want to consider their liability in case someone or their dog gets hurt. Thank you for offering this survey. Village H South Publ ic Input Report 55 Dec. 10, 2019 Item #20 Page 87 of 196 Comment Theme(s) My highest priority is to preserve and protect wildlife with a close On-leash dogs, second making the area accessible to the public in a safe and habitat/wildlife, environmentally-blending manner. I can support dogs being on leash preservation and under control, but do not favor adding another city space for dogs off leash. We have sites already for this and don't feel we need more. I live in The Crest, which borders Village H. My kids and I walk there On-leash dogs, several times a week. We don't have a dog, we just love to walk there. habitat/wildlife, Our biggest concerns are preserving the natural area and corridor for preservation wildlife, and our own ability to walk in nature from our home, which is very important to us. I've had people ask me "why we're there without a dog," so I understand the dog culture is very strong there. While we do enjoy petting the dogs, I have had a few times where I've felt intimidated by an off-leash dog. I hope there is a middle path solution that allows for wildlife to live and travel there safely, for families like ours to walk there safely and enjoy nature, and for the dog owners to have some of their needs met as well. Thank you! As an avid jogger and dog walker I avoid any trails that would allow for On-leash dogs, non-leashed dogs. With unleashed pets it is just too difficult to keep walking/hiking you and your pet safe. There is a reason the county does not allow for unleashed pets. It is difficult to enjoy what little open space remains in CBD with On-leash dogs, irresponsible dog owners allowing their dogs (sometimes agressive) to safety run off leash against city and county law. Children get trampled by dogs and on occasions there are dog fights, which compromise the safety of all. Please do NOT make this an off leash area for dogs. There are far too On-leash dogs, many irresponsible owners. Results of an off leash dog area will be safety devastating. If this is an off leash dog area, many people will not be able to visit due to safety concerns for themselves their children and their dogs. I can just imagine going on a run in this area and having some crazy dog chase me down and bite. Or, my two little daughters enjoying nature and get approached by an aggressive dog. Not all dogs are friendly and you have no way of regulating what behavioral patterns dogs will display here. LEAVE IT AS IS!!!!! I live at the other entrance of Village H and have loved using it w my On-leash dogs, dogs for years. I would prefer it NOT be off leash as there are too safety many people who don't have their dogs trained regardless of size, it's not about the size it's about the owners lack of control, and they can sometimes be unfriendly and unsafe. Village H South Public Input Report 56 Dec. 10, 2019 Item #20 Page 88 of 196 Comment Theme(s) This survey is one-sided for dog walkers. The meeting was that way On-leash dogs, also. Village H is my backyard. Those of us who showed up to the safety meeting against off leash were not given a voice. We were told there would be meetings for our input but so far that has not occurred. Many issues to consider not just what the dog walkers want. We live there and listen to dogs fighting all day long. We have at least 6 piles of dog poop on our property at all times. We have to smell that and pick it up. We have been charged by off leash dogs many times and once my husband was knocked down by a la rge dog. The city is opening a can of worms if it is off leash. Many people from out of the area will come here to walk their dogs. That is not fair to the property owners in the area. Who is liable for injuries to property and people? Please give the residents in the area a voice also. Keep it on-leash only. Every day that I hike Calaveras I see either dog mess, or the black bags On-leash dogs, full of dog mess that dog owners leave on the trail. I think allowing safety dogs off leash will just make this problem worse and could in fact become a safety issue, with dogs rushing at people. I love dogs but don't appreciate the owners that are not respectful of others. I love dogs, but they need to be on a leash. They are always welcomed On-leash dogs, on a leash. If every dog was perfect they would not need a leash, but hiking/walking, we all know dogs are not all well trained or have dispositions to run safety into other dogs, small children, or adults who fear dogs. Taking a leash off a dog eliminates other walkers and hikers from using the area. We need to ensure safety for citizens and allow all individuals to feel comfortable using these walkways. Leash your dog, Fido will still be thrilled to be out in the wild! It's win for EVERYONE. We currently live on Victoria, I have multiple incidents in that area On-leash dogs, with dogs off leash, including an off leash dog coming after my son. I parking/traffic own two dogs of my own which keep on a leash when I walk them and I can't even enjoy walking in that area, because, unfortunately people just have no control over there dogs when they are off leash. That is why we have dog parks. Not to mention the traffic concerns in our area, just ask Carlsbad Police dept whom we have called many time for issues with people speeding on Victoria, and running stops signs. Down by the gate people are all over the street crossing with their dogs running around. Please, please consider this area to be mandatory to have your dog on a leash, so ALL people can enjoy it. Village H South Public Input Report 57 Dec. 10, 2019 Item #20 Page 89 of 196 Comment Theme(s) As we live in the neighborhood, around the corner from this property, On-leash dogs, we have been actively interested in what has been going on there for habitat/wildlife, the past few years. Our first and greatest source of frustration/anger parking/traffic, is with the smug entitlement attitude of those proclaiming their preservation "right" to access and use the property as they see fit. We are lifelong dog owners but share none of their attitude/expectations. Back a few years ago, when the church put up the fence and the outcry was fierce, we empathized with the city employee taking the heat at the time . We tried to speak out from the opposite viewpoint but it wasn't newsworthy. Also, something that has been unchecked has been that many people, even now, using the area are not Carlsbad residents at all but are from Oceanside (by their own admission to us during the last controversy}. This survey will be shared via social media and the . Oceanside residents will again rally. Beyond the entitlement is the issue of traffic, safety and the wildlife -Victoria is already being used as a high-speed shortcut with the stop signs at Haverhill and Pontiac being completely ignored. Walking our dog (on a leash} with our grandchildren is dan gerous at times down these streets. And regarding nature, we already have so much degradation in the flora and fauna of San Diego county, we would prefer that the our grandchildren are entitled to a preserved natural environment, and that "right" take precedent over the entitlement of a minority of animal hobbyists who have no equity or concern for the safety or living environments of those of us in the neighborhood. Off Leash will subject the city to law suits not every dog is well On-leash dogs, mannered I have breed and showed dogs for over 40 years and I have safety, seen many dog fights even on leash where owners get pretty chewed parking/traffic up trying to stop the dogs. You have others using this area to walk without dogs keep it safe and have dogs on leash. I'm not near this area so the parking, trash noise will not bother me only the residents next to this area but I do believe this will be popular with the improvements with many more people visiting than before. The city already has an off leash dog park about a mile away. Off leash On-leash dogs, dogs should NOT be permitted in Village H as some owners are unable safety to control their dogs. I want to take walks in Village Hand would prefer not to be knocked down or bitten by an untrained dog. The dog owners who do not train their animal ruin it for those that do, but safety and liability concerns dictate that only dogs on a leash 6' or less should be permitted in Village H. I am not in favor of an unleashed dog run. Leave nature alone! On-leash dogs, habitat/wildlife Vil lage H South Public Input Report 58 Dec. 10, 2019 Item #20 Page 90 of 196 Comment Theme(s} This vacant land, some of which still remains undisturbed, is an On-leash dogs, existing, connective, wildlife corridor, which is very important in order habitat/wildlife to preserve our natural game and predatory habitat. An off leash dog park has the potential to involve domesticated dogs coming into accidental, and detrimental conflict, with both rattle snakes and wild predatory species, which will not end well for either the persons, or any of the the effected animals. In addition, Mountain Biking, throughout the preserve, should be prohibited by Carlsbad City codes. Please don't let dognuts intimidate you into letting yet another area On-leash dogs, be a free-range space for their pets. They damage wildlife by chasing habitat/wildlife, and harassing wild animals and constantly leaving their waste in the safety area. Owners constantly put themselves, their pets, and others at risk of being attacked by their animals. Additionally, loud barking is constant. Protect Wildlife and Natural Habitat is #1 priority. I disagreed with On-leash dogs, Trail use for people and dog running free. habitat/wildlife This is the only "walking trail" I can access without driving. A "walking On-leash dogs, trail" was one of the considerations I had when I moved to Carlsbad in wa I king/hiking 2011. I do not enjoy sharing walking trails with people who bring their dogs. They always try to jump on others and all you get from the owners is" oops, he just so friendly" I don't want to share my nature time with someones dog. As a property owner who lives adjacent to Village H, I was concerned On-leash dogs, with the traffic congestion, crowds and noise that accompanied so parking/traffic, many people using the area for walking their dogs off-leash. There is other obviously a great desire in the community for an off-leash dog park that is large enough for big dogs to really run and exercise. However, I do not think such a dog park should be in a neighborhood, and I strongly oppose one for Village H. I absolutely oppose a policy of dogs off leash. My highest priorities are On-leash dogs, protection of the wildlife and habitat, not providing a space for off habitat/wildlife, leash dogs. I enjoy walking and jogging in this natural environment. I walking/hiking would like to continue to enjoy the space without a concern of dogs off leash. When users of the area let their dogs off leash, I am apprehensive about the dogs running up to me or barking at me. There is a dog park for off leash dogs right on Carlsbad Village Drive, not far at all from the Village H space. Dog owners have other options. I would be very upset if the city were to allow the off leash policy. Village H South Public Input Report 59 Dec. 10, 2019 Item #20 Page 91 of 196 Comment Theme(s) I live a coup le houses away from Villa ge H. All the surrounding On-leash dogs, neighborhoods have fenced yards large enough for the home owners habitat/wildlife, to allow their dogs off lease on their own property. An off lease dog parking/traffic run would add additional traffic and parking from people not within the immediate neighborhood which would cause an already congested Victoria Ave to become severely impacted. I am an avid daily walker, but In the past I rarely walked in Village H because I felt unsafe with multiple dogs running and growling at other dogs as I hiked through the trees. I have reviewed the plan and layout of Village H and am pleased I now have safe walking trails close to my home. I am not in favor of a dog run within Village H that does not provide additional parking within the village, leads to more traffic congestion impacts the environment or leads to additional legal costs. There is already an off leash dog park on Carlsbad village dr. We don't On-leash dogs, need another so close. My grand son and my self were walking in the wa lking/hiking, proposes village hand 2 dogs Off Leash came running and barking at parking/traffic us. My grand-son jumped on his dad scared to death. The owners said oh, they don't know you Really this is my neighborhood. Point being. Many families would like to take a nice walk with there children. They don't want to be worried about a unleashed dog running after their child. Believe me it can happen. Unleashed dogs go on Carlsbad village. Also. The parking is going to be a nightmare. Did you plan for that. Would you like cars constantly parking in front of your house. Walking trails would be great. Dogs off leash are dangerous to wildlife, chi ld ren and in some On-leash dogs, circumstances adults. I do not believe that dogs should ever be off safety leash . I personally would not walk where dogs are off leash. The behavior of dogs. As a hiker I world be concerned about off leash On-leash dogs, dogs that don't behave. safety Vi llage H South Public Input Report 60 Dec. 10, 2019 Item #20 Page 92 of 196 Comment Theme(s) As a resident near this trail/area, I would prefer to keep the leash On-leash dogs, laws. Many of the people who bring their dogs to this area to have safety them off leash never put a leash on their dogs when entering or exiting their vehicles or on the walk to the gate. I walk my children to school with my dog on a leash past this area daily when school is in session, and while doing so, many off leash dogs have approached my children, myself, and my dog while barking, growling or in attack mode. My dog is ALWAYS on a leash as she is an Akita and could do some major damage to other dogs. I do not appreciate always having to worry about other dogs attacking her(she has been attacked 3 times by other dogs being off leash) and me having to control her by essentially choking her with her leash to get her from defending herself from off leash dogs. The owners of these dogs do not care. My children, who like dogs, have been frightened several times by other dogs coming at them. These dog owners are not responsible, do not follow the laws, and create danger for others. Need good dog parks like Alga Norte in Calavera Hills. Off-leash dogs, on- leash dogs A prominently posted list of rules regarding dog owner's Off-leash dogs, on- responsibilities regarding such things as picking up after their leash dogs dogs,aggressive dogs,etc. We've lived here for 30 years and use to enjoy taking our dogs to Off-leash dogs, on- "Village H" We hope we can get to enjoy it again. leash dogs Dogs Off-leash dogs, on- leash dogs No dogs allowed Off-leash dogs, on- leash dogs Off leash versus on on-leash is an issue -some dogs are very Off-leash dogs, on- aggressive and their owners are not considerate. leash dogs Dog parks should be separate projects from public trails. Off-leash dogs, on- leash dogs NO DOGS. Off-leash dogs, on- leash dogs Dog walking confined to daytime hours. Off-leash dogs, on- leash dogs 95 percent of dog owners are responsible and wouldn't cause a Off-leash dogs, on- problem, I just wonder about those other dogs/owners and how that leash dogs is going to be addressed? When I lived in 92010 I loved walking the dog and taking the kids on Off-leash dogs, on- the path. Loved that it was away from car sounds and peaceful. Kids leash dogs called it the enchanted forest. Village H South Public Input Report 61 Dec. 10, 2019 Item #20 Page 93 of 196 Comment Theme(s) There is a dog park in Napa, CA called Alston Park. I wish the Village H Off-leash dogs, on- space could be organized in the same way. This park has a natural un-leash dogs manicured feel. It has a trail for people who wish to walk their dogs on leash and another for off leash walking. Each area is clearly marked and the are rules/expectations posted for each section.I wish I could remember exactly how the fencing worked at the park to give more helpful suggestions but I can't exactly remember. I believe the on leash area was seperated by a chain link fence and the off leash area was bordered by a simple post and wire fence. When I visit Napa I love bringing my dogs to this park Use Encinitas dog park not Carlsbad park as example to copy Off-leash dogs, on- leash dogs I would love to enjoy nature on a public hiking spot close to our home Off-leash dogs, on- with my kids. I am concerned about off lea.sh dogs though while leas h dogs, off-leash walking with my small children. Hopefully there is a way to ensure enclosure, public safety. I would prefer if this trail doesn't just turn into a large walking/hiking dog park. Maybe there is a way to have both? An area for dogs and some area where kids could hike separately? First and foremost the trail should be on leash. A separate but On-leash dogs, off- enclosed off leash area with a large dog area and separate small dog leash enclosure area would be a great addition. But, if the choice is only on or off leash, then it should be on leash. There is too much potential for dog fights and dog bites to allow the trail to be off leash . Also, please have the park rangers patrol the park upon its opening to enforce the on leash requirement. I haven't walked at village H because my dog is very small and afraid On-leash dogs, off- of the big dogs . I would go all the time if dogs were on leash. leash enclosure However, I had a big dog in the past and went there all the time. I think there should be an area for off leash dogs if that is possible. We've lived on New Castle Way for 30 years. For the first few years On-leash dogs, off- we'd walk across the Village H South property to visit friends on the leash enclosure, other side. But then, dead-fall, dog poop, and dog owners who safety insisted on unleashing their animals to run-off excess energy, diminished our walks. Unfortunately the dog owners' attitude is that they deserve priority over walkers. We're concerned that an unleashed dog will bite a ch ild or elderly person. Then the lawsuits and questions "Why did the City allow unleashed dogs and walkers in the same space?" will proliferate. This is a no-brainer. Construct a dog-run separate from the walker's path. Keep dogs away from natural settings .... if people want dogs to run Off-leash dogs, on- free, build another dog park in an urban setting. The amount of dog leash dogs, droppings at Calavera is unsightly. habitat/wildlife Village H South Public Input Report 62 Dec. 10, 2019 Item #20 Page 94 of 196 Comment Theme(s) There is plenty of land to have an off -leash dog area, PLUS an on Off-leash dogs, on- leash trail, PLUS a wild life corridor. If this was a new housing track leash dogs, off-leash proposal or a new Starbucks without ample parking and a utility pole enclosure, in the middle of the ingress/egress driveway (like the one at at habitat/wildlife Tamarack and 1-5 where the delivery trucks park in the middle of traffic lanes), the city would still find a way to push it through to approval. City management needs to listen to its residents and agree to REAL solutions. I responded "Don't know" to the question about "cost to implement Off-leash dogs, on- the plan" because my response depends on what the plan is. If it is to, leash dogs, at least, maintain the current land designations (e.g., maintain as habitat/wildlife "Preserve" all areas currently so designated, then I am not concerned about cost. If, however, the "plan" is to change the designations (to open up more space for off-leash dog trails) and the cost is to pursue this plan through all the governmental levels, as well as secure an environmental impact statement, then I am strongly opposed. (This would be a huge waste of Carlsbad taxpayer dollars to accommodate a few vocal residents.) Similarly, I am not concerned about legal challenges brought by dog owners to oppose wildlife and habitat preservation. (It simply demonstrates their selfish lack of concern for both.) Dogs are taking too much of everyone's attention the land should be Off-leash dogs, on- for nature first and people second. Dogs usually do not work well with leash dogs, nature. habitat/wildlife There was no reason to alter the Village H trail. As a kid, I played there Off-leash dogs, on- daily during summer with my dog, family and friends. The animals that leash dogs, lived there were not in danger. Now, their ecosystem has been habitat/wildlife disrupted by construction. The trail was always a safe place, day or night. I never saw any reason to fence it off. Not once did I feel unsafe or see any suspicious behavior there. This project is a complete waste of city time and money. It's a disruption to the wildlife. It's a disappointment to many residents who treasured it as a brief escape into nature, right in the middle of our neighborhood! There is no benefit or delight in the addition of wooden fencing, mulch and concrete. We didn't want it, and our dogs won't be any safer. Please don't build anything else. There is abundance of animals including Pelegrino Falcons and Owls. Habitat/wildlife I would like preservation of their habitat Environmental protections must be a high priority. The area provides Habitat/wildlife important wildlife corridors which need to be protected. Move city trail to east side of canyon as slope is more gentle and trail Habitat/wildlife wouldn't cross main wildlife corridor; create wildlife underpass under Carlsbad Village Drive. Village H South Public Input Report 63 Dec. 10, 2019 Item #20 Page 95 of 196 Comment Theme(s) With so much growth and impact to the natural habitat with building, Habitat/wildlife it is important to maintain areas that support the natural wildlife. It is a heard job to make everyone happy but the flora and fauna was Habitat/wildlife here before we were. We are the intruders. I like the idea of more open space. Habitat/wildlife It's ludicrous that the City deemed Village H open space as a Habitat/wildlife "corridor" for wildlife. Corridor implies passage or passageway and this area is far from being a corridor because Carlsbad Village Drive and Tamarack Avenue completely block any wildlife from passing through safely. The City has re-defined "open space" and "corridor" for the benefit of developers. I believe there has to be a compromise and a way to keep the Habitat/wildlife neighborhood happy and keep the wildlife and nature safe. I like the concept of natural, open space that provides wildlife habitat. Habitat/wildlife I think it improves our health to be able to view natural landscape The last thing we need is another dog park. People with dogs should Habitat/wildlife use their yards and leashes. Preserve the open space. The more open space, the better. Habitat/wildlife Drag and drop question didn't work for me. Nature appreciation and Habitat/wildlife wildlife protection most important. There is too little habitat left in Carlsbad. I am excited to have additional open space. Habitat/wildlife There is already a dog park close by where dogs can be off leash. Habitat/wildlife Please protect wildlife whose habitat keeps diminishing. Please protect nature and open spaces for wildlife and residents. Not Habitat/wildlife everything needs to be developed. It's important to have areas where we can enjoy nature and protect Habitat/wildlife, wildlife corridors. Dogs off leash threaten to destroy this. safety Please allow ALL residents (including wildlife) enjoy an open space. Habitat/wildlife One question did not respond on iPad as to priority. Wildlife Habitat/wildlife, conservation and safety bothhigh concerns, closely followed by ability safety for pets to traverse the area. Thank you. Wildlife preservation is most important for that area. We do not want Habitat/wildlife, any development of that land. We want protected land so our preservation children can observe and enjoy a natural setting. My family and I live up the street and my husband proposed to me Parking/traffic here. My kids run and play in Village Hand my husband grew up doing the same. The parking is not considerate to the people who live here. WHAT PLANS ARE IN THE MIX FOR PARKING? NO MATTER WHAT USE Parking/traffic THIS BECOMES PARKING WILL BE AN ISSUE THAT WOULD HAVE TO BE ADDRESSED. WHILE I DO NOT LIVE CLOSE,THE ·NEIGHBORS IN CLOSE PROXIMITY OPINIONS MUST BEAR MORE WEIGHT THAN ANY OTHER FACTOR. Village H South Public Input Report 64 Dec. 10, 2019 Item #20 Page 96 of 196 Comment Theme(s} I am an adjoining property owner who is very concerned about Parking/traffic installation of PERMANENT curb and sidewalk improvements and parking issues along Victoria Avenue. The current asphalt berm and walk were originally intended to be temporary -some 34 years ago. My property at 2763 and my neighbor's at 2765 have been negatively impacted by this problem and respectfully request remediation during this time of development. There is just over 100' of curb and gutter/sidewalk improvements in this area. I would appreciate a respon se and can be reached at (714} 403-XXXX. Thank You, Brian Butchko Parking and traffic flow Parking/traffic TRAFFIC Victoria connects Pontiac and CVD on the way to College/78--Parking/traffic that is the source of traffic. Dogwalkers mostly walked or parked LEGALLY on the street. Our biggest concern is safety & congestion due to the high volume of Parking/traffic traffic ~nd parking for accessing the trail -it's very dangerous when turning onto Victoria when coming off of Carlsbad Viiage Drive because people using the trail consistently loiter in the street near their cars with their kids, dogs, friends etc. There are significant blind spots on Victoria/Kingston when people park at the trail entrance. We would highly recommend a dedicated parking lot for the trail, with restricted parking on the street. INCREASE OF TRAFFIC ON CROSS STREET OF VICTORIA & KINGSTON, Parking/traffic HAVERHILL IMPACT OF HIGH USE ON A PREVIOUSLY QUIET SAFE AREA Parking/traffic PARKING FOR USERS OF THIS AREA Parking traffic Parking? Parking/traffic Implement parking fee and re stricted street parking for non-residents Parking/traffic to curb crowding and provide funds for maintenance. NO ACCESS FROM VICTORIA. THE HUMANS, NOT THE DOGS, THE Parking/traffic, HUMANS ARE WALKING INTO & OBSTRUCTING TRAFFIC WITHOUT safety LOOKING. THE HUMANS LEAVE VEHICLE DOORS OPEN --OBSTRUCTS TRAFFIC. WHEN THE HUMANS ATTEMPT U-TURNS@ VICTORIA & KINGSTON INTERSECTION, THEY OBSTRUCT TRAFFIC UNTIL THEY CAN FIGURE OUT WHAT THEY ARE GOING TO DO NEXT. THERE IS AMPLE PARKING ON PONTIAC OFF OF TAMARACK. OR ACCESS FROM THE CITY UTILITY PROPERTY OFF TAMARACK, Safety and parking is also a concern as it would be disturbing to the Parking/traffic, community safety Village H South Public Input Report 65 Dec. 10, 2019 Item #20 Page 97 of 196 Comment Theme(s) Your meeting was a joke!! Didn't get to speak openly about problems Parking/traffic, just with your table. You are encroaching on a neighborhood with any safety plan you come up with. A safety and parking study should be done before any date is set to open the park. The Victoria Ave entrance should be completely closed and the entrance and parking should be on the City Utility Property near the RV Storage. You cannot endanger the homeowners In Carlsbad Heights with tons of people, dogs and cars. I have almost gotten hit a number of times going in and out of Kingston. It's a free for all!! You are allowing people from other cities to invade a neighborhood, not a park set apart from homes. This is very poor planning on the part of the city. All anyone is worried about is dogs, not the people whose lives are being impacted by the traffic. It's in the city's best interest to preserve wildlife habitat. Preservation keeping all the greenery possible Preservation The area should be left alone. The people who used the area did a Preservation good job of maintaining it without intervention or restrictions from the city. It is important to leave it as a natural and unstructured area. Just open Preservation space with trail. We desperately need more green space in all communities. Let's be an Preservation example of how a community should look. No more condos or apartments!!! I recommend that very little improvements be made to the property Preservation in order to keep city costs down., that means no restrooms, benches, shade coverings, and parking. Preserve areas should be more restrictive and include less land like it's been for at least the last 36 years. Monitoring the park so it can be used safely by all residents. Do not Safety allow alcohol or loitering. Be vigilant that it doesn't become another encampment like other city parks have become. Safety of all the animals interacting. Safety #1 Priority is the Safety and wellness of the citizens of Carlsbad! Our Safety citizens should feel safe to explore and enjoy the outdoor without the threat of others or their animals. #2 Priority should be based only on the citizens who live in Carlsbad. #3 Priority should be the needs of our citizens and their quality of life and not their care obligations of their animals. Village H South Public Input Report 66 Dec. 10, 2019 Item #20 Page 98 of 196 Comment Theme(s) The safety of hikers/walkers in and around Village H. I live off the Safety surrounding perimeter and have seen children making makeshift swings with rope on the limbs of the trees. I heard a child fall from such a swing that.was made on a tree directly across from my house. Also, please consider the on-going maintenance required of the area. For example, keeping the beautiful eucalyptus trees trimmed so branches do not fall and break the fences on the surrounding properties during inclement weather. They community is advocating for continued use of the traditional Walking/hiking, shaded trail, not a dog park in the open space. Please continue to hold preservation community meetings for input on developing a multiple use land space per the mayor's suggestion in council meeting. Connect the trails Walking/hiking Just keep it according to to plan and have it become part of the Walking/hiking ' citywide trails system. Keep it simple. Keep it a trail. Walking/hiking As our communities inevitably become more dense, it would be great Walking/hiking to plan for unprogrammed spaces to allow for opportunities to socialize and relax in pleasant outside environments, perhaps with benches and simple walking paths. Take into consideration the community that has been formed in Other village H and the community surrounding it. Thanks so much! Other The final disposition of village H shouldn't be decided by how much Other the neighbors who border the land want to keep it their private park. They have for years enjoyed the benefit of the open space with a unwritten understanding they "owned" t he use of that land and everyone besides them should stay away. One can enter the area by going up the slope on Buckingham Lane and Other then into the park. Will this area be closed off or not? Will park be open 24/7? Other Bike riding Other A park at Ponto Other FYI, It wasn 't obvious what to do for the priority arranging question on Other the survey. Open the trail soon ... before Fall!! Other Open up again ASAP! Such an asset to our community! Use the south Other side of trail often! This needs to be addressed NOW!! Other Change involves compromise. These are costs associated with 100% Other open space as well as fully developed space. A compromise must be found as this is an urban area. Village H South Public Input Report 67 Dec. 10, 2019 Item #20 Page 99 of 196 Comment Theme(s) I'm concerned that if any type of bathrooms are put in that it would Other encourage more homeless encampments in the area. I'm hoping that would not be a part of any plans. The less development of any type the better! Don't use wood chips as ground materials, unpleasant for dogs and Other people Sorry for double posting I did not see the 1st one post. Other Don't over develop Carlsbad. Keep it quaint Other The previous slide. Where is this??? Not Carlsbad, CA USA!!! Other Entrance to trail from Buckingham in Tamarack Point Other Thank you for taking the wants and needs of ALL Carlsbad residents Other into account. COMMUNITY RESOURCE Carlsbad residents who live close by used the Other canyon. Who are the intended users now? We've all valued our canyon friends, and it's questionable when or if the community will use the canyon again. So disruptive to our community resource of many years. Residents new and old, old and young, used this canyon. I just want to thank those responsible for creating and preserving such Other a beautiful area. NEIGHBORS Canyon-facing homes have an outsized voice in this. The Other canyon was in use as it was before they lived there. It's a community resource, not their private, extended back yard. No one used it after dark, no one was loud at any time. There were never large crowds or illegal parking. Please stop "improving" this canyon and any other natural areas the Other City might be considering. This fiasco brings to mind the unfortunate, tongue-in-cheek adage, "I'm from the government and I'm here to help." Keeping the Village a village not some other town getting lost under Other the pressures of the small percentage growing more wealthy than they already are. greenery ' Other How about an access point for the trail near Tamarack and El Camino Other Real? I would just like my city to listen to its constituents. Every time I turn Other around, I see another large development going up. These "large" developments are not what Carlsbad is about. I do believe in growth. However, it needs to be smart growth. I just urge our council and planning department(s) to listen to citizens. If they did, they would find that we are very unhappy with the direction our city is going in. Control access after dark. Other Village H South Public Input Report 68 Dec. 10, 2019 Item #20 Page 100 of 196 Comment Theme(s) my thought is that no matter what my responses and concerns are, Other the city will do what it pleases, anyway .... that's what happened yea rs ago, when we went to community meetings at the sr. center, and voiced our views on open space .... Result .... in the last 5 years, outrageously huge amount of home construction, businesses, and mixed use buildings ... village isn't a village anymore .... that building on Gra nd and Harding looks like it belongs in a big city, not in the village .... it's massive, and an eyesore, not to mention traffic increase in that small area .... l travel that route to get to places in the village .... banks, post office, etc ... the "sma ll beach community feel" is GONE!!! People need to be held responsible -not city laws. Use common Other sense. Thanks for reaching out t o the community for feedback. Other Please consider the number of people who take the survey to consider Other the validity of the results. MAINTENANCE OF AREA Other Designated access from the top of Tamarack Pointe neighborhood Other Thank-you for seeking community input! Other Village H South Public Input Report 69 Dec. 10, 2019 Item #20 Page 101 of 196 Page intentionally left blank Dec. 10, 2019 Item #20 Page 104 of 196 Public Input Option 1 Off leash dog area approximately 1.6 acre/min width 35' Opportunities: 1. Adds approximately 4.5 acres of habitat to the city's preserve system 2. Off street parking provided 3. Accommodates dogs on leashes and off 4. Area for dogs has already been used for that purpose 5. Daily maintenance of off leash dog area Constraints: 1. Violates settlement agreement because portion of historic trail is removed 2. Holder of conservation easement is opposed to this option 3. Encroachments of dog park into habitat preserve 4. Security fence could interfere with wildlife movement 5. Prevents public trail segments from connecting Village H South Trail to Tamarack Ave. 6. Parking lot run off (oils, etc.) 7. City law requires an EV charging station 8. Greater stormwater runoff 9. Increased dog waste and noise due to designated off leash dog area 10. Increased disturbance of wildlife 11. Need for enforcement and maintenance greater than other options 12. Loop trails is eliminated 13. Requires update to the Calavera Hills Master Plan Dec. 10, 2019 Item #20 Page 106 of 196 Public Input Option 2 Off leash dog area approximately 4.4 acre/ min width 85' Opportunities: 1. Adds approximately 5 acres of habitat to the city's preserve system 2. Improves protected habitat by removing trail and restoring native plants 3. Large off leash dog area 4. Off street parking provided 5. Area for dogs is fenced in 6. Daily maintenance of off leash dog area 7. Restored impacts to existing habitat preserve Constraints: 1. Violates settlement agreement because entire historic trail is removed 2. Holder of conservation easement is opposed to this option 3. Security fence could interfere with wildlife movement 4. Parking lot run off (oils, etc.) 5. City law requires an EV charging station 6. Greater stormwater runoff 7. Increased dog waste and noise due to designated off leash dog area 8. Increased disturbance of wildlife 9. Possible noise/privacy impacts to neighbors 10. Need for enforcement and maintenance greater than other options 11 . Entrance to parking lot from Carlsbad Village Drive is not safe 12. Eliminated trail connectivity as adopted in Trails Master Plan 13. Requires update to the Calavera Hills Master Plan Dec. 10, 2019 Item #20 Page 108 of 196 Public Input Option 3 Off leash dog area approximately 5 acres/min width 65' Opportunities: 1. Adds approximately 6 acres of habitat to the city's preserve system 2. Large off leash dog area 3. Area for dogs is fenced in 4. Daily maintenance of off leash dog area Constraints: 1. Violates settlement agreement because entire historic trail is removed 2. Holder of conservation easement is opposed to this option 3. Security fence could interfere with wildlife movement 4. Impacts to water quality due to dog waste 5. Greater stormwater runoff 6. Encroachments of dog park into habitat preserve · 7. No parking lot/suggested location was not part of project area 8. Increased dog waste and noise due to designated off leash dog area 9. Increased disturbance of wildlife 10. Possible noise/privacy impacts to neighbors 11. Need for enforcement and maintenance greater than other options 12. Eliminated trail connectivity as adopted in Trails Master Plan 13. Requires update to the Calavera Hills Master Plan Dec. 10, 2019 Item #20 Page 110 of 196 Public Input Option 4 Off leash dog area approximately 4.4 acre/ min width 70' Opportunities: 1. Historic trail with dogs on leash per the Settlement Agreement 2. Adds approximately 3 acres of habitat to the city's preserve system 3. Large off leash dog area 4. Off leash dog area is fenced in 5. Daily maintenance of off leash dog area 6. Consistent with use regulations per Carlsbad Municipal Code Constraints: 1. Wildlife movement blocked through the entire parcel 2. Holder of conservation easement is opposed to this option 3. Impacts to water quality due to dog waste 4. Decreased habitat area to the east 5. Greater stormwater runoff 6. No parking lot/suggested location was not part of project area 7. Increased dog waste and noise due to designated off leash dog area 8. Increased disturbance of wildlife 9. Need for enforcement and maintenance greater than other options 10. Requires update to the Calavera Hills Master Plan Dec. 10, 2019 Item #20 Page 112 of 196 Page intentionally left blank Dec. 10, 2019 Item #20 Page 114 of 196 Staff Option Off leash dog area approximately 2.7 acre/ min width 75' Opportunities: 1. Historic trail with dogs on leash per the Settlement Agreement 2. Adds approximately 4.5 acres of habitat to the city's preserve system 3. Opportunity for more wildlife movement 4. Preserve acreage of habitat to the east 5. Off street parking provided 6. Off leash dog area is fenced in 7. Daily maintenance of off leash dog area 8. Accommodates dogs on leashes and off 9; No conflicts with trail segment connecting to Tamarack Ave. Constraints: 1. Impacts to water quality due to dog waste 2. Parking lot run off (oils, etc.) 3. City law requires an EV charging station 4. Greater stormwater runoff 5. Increased dog waste and noise due to designated off leash dog area 6. Need for enforcement and maintenance greater than other options 7. Smaller off leash dog area 8. Requires update to the Calavera Hills Master Plan Dec. 10, 2019 Item #20 Page 116 of 196 City of Cartsbad Village H Wildlife Movement Study corridor connects the Buena Vista Creek Ecological Reserve southward through Robertson Ranch West to Agua Hedionda Lagoon, and potentially eastward to Robertson Ranch East and Carlsbad Highlands Ecological Reserve/Lake Calavera area as shown in Figure 2. Four "pinchpoints" were identified in the immediate vicinity of Village H3 (Figure 2). Pinchpoints are areas where animal movement becomes funneled into specific locations within linkages due to the lack of alternative movement routes. Channels and natural drainages often function as natural wildlife corridors, but when these areas intersect with roadways, with or without underpasses and culverts, movement along these areas can become restricted. Pinchpoint Ml-1 has a small (2-foot wide) culvert underneath the road, from the north side of Carlsbad Village Drive, but it does not go directly south into the Village H property (therefore, this acts as an at-grade crossing); Ml-2 to the east has a large (12-to 15-foot wide) culvert under Tamarack Avenue, which was gated on both sides at the time of this study; Ml-3 further east is an at-grade crossing over Glasgow Drive; and Ml-4 south of Village H has a 4-foot wide culvert under Tamarack Avenue connecting a small drainage area south to Robertson Ranch Preserve. An additional culvert (3-feet wide), not identified as a pinchpoint in the 2015 wildlife movement study, is located under Pontiac Drive just east ofMl-4. Historically, the study area, which was privately owned, was used by local residents with off-leash dogs. When the city took ownership of the property, the historic trail onsite was formalized and opened to the public on August 1, 2019; however off-leash dog use was no longer allowed because the city does not allow off-leash dogs on city trails or within HMP hardline areas. Several residents expressed a desire to continue to use this area for off-leash dogs; as such, the city is currently considering a variety of options that could include off-leash dogs within some areas of Village H. The presence of humans and domestic dogs has been shown to deter wildlife and shift their spatial distribution to avoid human activity4 and adjust their temporal dynamics by increasing their nocturnality to avoid human diurnal activity patterns5. The purpose of this study was to collect baseline data regarding the use of Village H by humans, domestic dogs, and wildlife. This information will help the city evaluate the current use by wildlife and changes in wildlife behavior potentially caused by changes in the allowable uses of the Village H site. The primary focus of this study was to collect quantitative data on wildlife presence on Village H, determine if animals are being killed on the road while moving into or out of the site, qualitatively evaluate wildlife movement patterns, and assess the amount and location of dog waste left onsite. Data was collected before and after the trail was opened to the public. The pre-opening data was collected for a six-week period during which Village H was closed to the public while the city conducted extensive tree trimming and trail improvements. The post-opening data collection is ongoing. Data included in this report were collected from June 25, 2019, to September 7, 2019 so that the pre-and post-opening time period (number of days) is the same for better comparison._Six weeks of data is not extensive enough to fully understand how the site is or was being used by wildlife; however, even a short snapshot like this can give the city insights into how the site is being used. Highlights from data collected through November 15, 2019 are given at the end of this report and an updated repo1i including this information will be prepared. Wildlife cameras will continue to be used throughout the site to better document wildlife movement. 3 ESA. 201_?. Village H: Analysis.of Biological Constraints Memorandu,n. Prepared for City of Carlsbad. 4 Frid, A. and M. Dill. 2002. Human-caused disturbance stimuli as a form of predation risk. Conservation Ecology 6 (1). 5 Gaynor, K.M., C.E. Hojnowski, N.H, Caiier, and J.S. Brashai·es. 2018. The influence of human disturbance on wildlife nocturnality. Science 360: 1232-1235. 2 Dec. 10, 2019 Item #20 Page 118 of 196 City of Carlsbad Village H Wildlife Movement Study Methodology Remote Wildlife Cameras On June 13, 2019, ESA biologists Adrienne Lee met with city Habitat Management Program (HMP) staff Hannah Swarthout to determine remote wildlife camera locations within the study area that would likely document the diversity of wildlife species using the site. On June 25, 2019, the same biologists met with City of Carlsbad Department of Parks and Recreation staff to install two Bushnell HD Trophy Cam Trail cameras and six Browning Strike Force Pro Trail cameras in areas where multiple trails intersected and were likely being utilized by wildlife (i.e., signs of scat and/or tracks present) (Figure 3). Two additional cameras were installed on July 25, 2019. All cameras were positioned approximately 1 to 3 feet off the ground to best record all potential wildlife species and signs of movement on and off the property. Target species for this study were coyotes and bobcats because these are wider ranging species than smaller mammals. Movement of these species on a broad scale could help the city evaluate the wildlife movement functionality of the preserve system. The cameras were set to have "low sensitivity" to movement such that anything from a small bird to large coyote would likely trigger the cameras to start taking videos but vegetation moving in the wind would not. Once triggered, the wildlife cameras were set to take a video for 20 seconds. To prevent vandalism and theft, each camera was locked inside specialized security boxes and the words "City of Carlsbad" and "wildltfe movement study" were written on the boxes to further deter theft and inform the public. Seven of the wildlife cameras were bolted to 4-foot-tall steel posts that had been dug into the ground. The eighth camera was cabled to a chain-link fence and angled toward a culvert. The two additional cameras installed on July 25, 2019, were also bolted to 4-foot-tall steel posts. The cameras were oriented away from the sun (to the extent practical) to protect the lens from over-exposure and were positioned to capture videos of wildlife walking along a trail, headed either toward or away from the wildlife camera. Representative photographs were taken of all 10 wildlife camera locations (Appendix A). CNLM also installed two remote wildlife cameras on gates within the Carlsbad Village Drive undercrossing within the northern section of Village H. These cameras' settings were set to match the 10 installed within the southern section of Village H. Once installed, all wildlife cameras were turned on and left to record continuously. The 10 cameras within the study area were checked at least once a week by city staff to confirm that each camera was still in place and in working order and memory cards and batteries were switched out as necessary. Videos were then reviewed and categorized based on the species detected. Videos of human activity and/or dogs were categorized as well to make general assumptions regarding amount of human and/or dog traffic within the study area. For the purposes of this memo, only data from June 25, 2019, to September 7, 2019, are analyzed such that data for the same number of days prior to Village H reopening to the public are compared with data for the same number of days post Village H's reopening to the public, 37 days respectively. Data from the two CNLM wildlife cameras are not included in the results below because these cameras did not fully capture data within the June 25, 2019, to September 7, 2019, survey period; however, their data is included in Appendix B. On August 10, 2019, cameras VH2, VH3, VH4, and VHlO were found vandalized and pulled from the ground by the public but left within the study area, and were not reinstalled due to potential for additional vandalism; therefore, no videos were collected at their respective locations from August 10, 2019, onward. Videos are still being captured for the remaining cameras on the ground and a summary of those results can be found in Appendix B. 3 Dec. 10, 2019 Item #20 Page 119 of 196 City of Carlsbad Village H Wildlife Movement Study· Roadkill Monitoring On July 25, 2019, ESA biologist Adrienne Lee met with volunteers and city HMP staff to finalize the roadkill monitoring survey area (Figure 4). Roadkill was studied to determine if animals are being hit by cars while traveling over a road to enter or leave the site. To ensure all four pinchpoints were monitored, portions of Tamarack A venue, Carlsbad Village Drive, and Glasgow A venue that border Village H were included in the study area. Roadkill monitoring began July 25, 2019 and is ongoing, with a minimum of three surveys completed per week. For the full list of survey dates, see Appendix C, Village H Roadkill Survey Dates and Results. Additionally, the city's Public Works department log of animal disposal pickups from July 2017 to March 2019 were monitored by ESA biologists to supplement roadkill monitoring data. Monitoring was completed by ESA biologists, volunteers, and a city staff. The survey area was monitored by walking or driving the roadkill monitoring survey area slowly and scanning the entire roadway for roadkill. If something was not identifiable from the car, the surveyor wore a safety vest and walked the survey area, using binoculars to scan the road. If roadkill was detected, a photo was taken when road conditions were safe and uploaded onto the citizen scientist mobile application iNaturalist6 to create an "observation" within the University of California, Davis California Roadkill Observation System (CROS) Project.7 Once the observation was recorded, the surveyor called the city's Public Works department for animal disposal pickup. Dog Waste Studies On August 28, 2019, ESA biologist Alanna Sullivan met with volunteers and city HMP staff to finalize the dog waste study methodology. The purpose of this study was to determine how much dog waste is being left behind each week (number and weight) and where ( e.g., are dogs going into the native habitat or staying on or near the trail?). Dog waste stations were installed as part of the trail improvements, so this study captures dog waste left by dog owners along a leash-only trail and surrounding area that is currently off-limits to dogs. Surveyors walked meandering transects throughout the Village H site (western parcel only) in areas that were open enough to walk through. When dog waste, coyote scat, or tennis balls were encountered, these locations were recorded using the ArcGIS Collector (Collector app) mobile application. Dog waste, coyote scat, tennis balls, and any litter found were then collected to be thrown away at the end of each survey. Collected dog waste was weighed at the end of each collecting period. Coyote scat was distinguished from dog waste by the presence of berries, animal bones, . and/or large amounts of fur. Surveys were conducted approximately every other week, on August 28, September 11, September 25, October 8, and October 23, 2019. Note that the initial survey on August 28, 2019 includes all previously uncollected waste from the site; therefore, only subsequent collections can be used to determine weekly coyote scat and waste left by dog owners. Results Remote Wildlife Cameras Species detected at the 10 wildlife camera locations included coyote (Canis latrans), bobcat (Lynx rufus), skunk, rabbit, squirrel, raccoon (Procyon lotor), various bird species, off-leash dogs, on-leash dogs, and humans. Table 1 and Figure 5 detail the total number of individuals detected at each wildlife camera from June 25, 2019, 6 iNaturalist. Available from https:/lwww.inaturalist.org. 7 iNaturalist. California Roadkill Observation System (CROS). Available from: https://www.inaturalist.org/projects/califomia-state- roadkill 4 Dec. 10, 2019 Item #20 Page 120 of 196 City of Carlsbad Village H Wildlife Movement Study to September 7, 2019. It is important to note that while the number of individuals per camera is useful to show the locations frequently used by different species, the number of individuals detected is not a proxy for relative abundance. For example, certain dogs and humans were frequent visitors to Village Hand passed by the same cameras each time. It is likely that for several of the species, the cameras detected many of the same individuals moving within Village H. Cameras 1 and 7 captured the most wildlife activity, with both target species ( coyote and bobcat), detected. Cameras 2, 3, 4, 5, 9, and 10 detected coyote but not bobcat; however, Camera 6 detected bobcat but not coyote. Bobcat, rodent/rabbit/raccoon, and bird detections decreased by 55%, 62%, and 80%, respectively, after Village H reopened to the public. The number of coyotes, however, increased by 52% after reopening. The number of off-leash dogs did not significantly increase after Village H reopened to the public (many people with off-leash dogs used the trail when it was officially closed); however, the number of on-leash dogs and humans increased by 578% and 204%, respectively, after Village H reopened to the public. Representative photographs of wildlife species detected are included in Appendix D. 5 Dec. 10, 2019 Item #20 Page 121 of 196 City of Carlsbad Village H Wildlife Movement Study TABLE 1 VILLAGE H REMOTE WILDLIFE CAMERA DETECTIONS JUNE 25 -SEPTEMBER 27, 2019 (NUMBER OF INDIVIDUALS DETECTED) Wildlife Camera Location Coyote Bobcat Time Period1 A B A VH1 60 111 3 VH22 22 2 0 VH32 4 0 0 VH42 1 0 0 VH5 0 2 0 - VH6 0 0 3 VH7 34 26 5 VH8 0 0 0 VH93 6 53 0 VH102·3 1 0 0 Total 128 194 11 1 Time Period A: Prior to Public Reopening (6/25/19-7/31/19) Time Period B: Post Public Reopening (8/1/19-9/7/19) B 3 0 0 0 0 2 0 0 0 0 5 Rodents, Rabbits, Skunk Raccoons A B A B 1 1 19 2 0 0 13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 5 1 0 0 4 0 0 0 0 0 0 -2 2 0 0 0 0 2 2 34 13 Off-Leash On-Leash Bird Dog Dog A B A B A B 59 7 116 134 1 13 0 0 49 13 1 16 3 1 174 93 30 102 0 0 43 68 4 83 0 1 0 0 0 0 8 3 0 0 0 0 4 1 0 0 0 0 0 0 0 0 0 0 0 1 17 100 1 0 0 1 1 1 0 0 74 15 400 409 37 214 Human Biker A B A B 52 101 0 0 46 64 0 0 253 387 0 3 50 244 0 0 0 0 0 0 0 1 0 0 0 1 0 0 0 1 0 0 10 38 0 0 0 5 0 0 411 842 0 3 2 Cameras VH2, VH3, VH4, and VH1 0 were pulled from the ground on August 10, 2019, and were not reinstalled due to potential for additional vandalism. No video data was collected at these locations after August 10, 2019. 3 Cameras VH9 and VH10 were installed on July 25, 2019. 6 Dec. 10, 2019 Item #20 Page 122 of 196 City of Carlsbad Village H Wildlife Movement Study Roadkill Monitoring A total of three roadkill occurrences were detected during the 38 survey dates within the current 90 days of monitoring. All roadkill observations were small mammals (opossums and rabbit). Six additional roadkill occurrences within the roadkill monitoring study area were reported through the city's Public Works department animal disposal pickup records prior to the start of roadkill monitoring. All roadkill observations, including the city's Public Works records, and their associated survey dates and surveyor information are listed in Table 2, and locations of all roadkill observations are displayed in Figure 3. TABLE 2 VILLAGE H ROADKILL DETECTIONS Date Surveyor Species 11/9/17 Public Works Animal Disposal Pickup Skunk 11/9/17 Public Works Animal Disposal Pickup Skunk 7/15/18 Public Works Animal Disposal Pickup Dog 7/25/18 Public Works Animal Disposal Pickup Hawk 8/16/18 Public Works Animal Disposal Pickup Skunk 12/10/18 Public Works Animal Disposal Pickup Skunk 8/28/19 A. Sullivan Opossum 9/19/19 H. Swarthout Opossum 10/23/19 A. Sullivan Rabbit Dog Waste Studies A total of five dog waste monitoring visits have bee.n conducted within the study area at the time of this memo. Table 3 and Graphs 1 and 2 detail the total number of dog waste piles, weight of dog waste in pounds, coyote scat, and tennis balls detected during each study. The percent change in total dog waste counts between studies were a 73% decrease from August 28, 2019, to September 11 , 2019; a 78% increase from September 11, 2019, to September 25, 2019; a 61 % decrease from September 25, 2019, to October 8, 2019; and a 123% increase from October 8, 2019, to October 23, 2019. Similarly, the percent change in total weight of dog waste (lbs) between studies were a 65% decrease from August 28, 2019, to September 11, 2019; a 182% increase from September 11 , 2019, to September 25, 2019; a 60% decrease from September 25, 2019, to October 8, 2019; and a 25% decrease from October 8, 2019, to October 23, 2019. Representative photographs of dog waste study collections are included in Appendix E. TABLE 3 VILLAGE H DOG WASTE STUDY RESULTS Date Dog Waste Count Pounds of Dog Waste Coyote Scat Count Tennis Ball Count 8/28/19 286 16 3 9/11/19 76 6 4 25 9/25/19 135 10 10 14 10/8/19 53 4 2 3 10/23/19 65 3 0 3 Total 550 36 19 43 7 Dec. 10, 2019 Item #20 Page 123 of 196 City of Carlsbad Village H Wildlife Movement Study Village H reopening to the public, 37 days respectively. Wildlife, such as bobcat, rodent/rabbit/raccoon, and bird, detections decreased by 55%, 62%, and 80%, respectively after Village H reopened to the public. This trend is consistent with previous studies that found wildlife shifted their spatial distribution patterns to avoid human activity8.However, coyote detections increased after Village H reopened to the public. This is likely due to increased activity investigating and scent marking areas with where dogs are present9. The number of off-leash dogs did not significantly increase after Village H reopened to the public; however, the number of on-leash dogs and humans increased by 578% and 204%, respectively, after Village H reopened to the public. These results suggest that most wildlife species that utilize Village Hare impacted negatively by increased public usage. Additionally, the detection times for all wildlife species shifted from both daytime and nighttime prior to public reopening to predominantly nighttime after public reopening, suggesting that wildlife species movement patterns responded to increased preserve usage by humans and associated on-leash dogs during the day. This finding is consistent with the 2018 Gaynor et al. global meta-analysis that concluded humans had a strong effect on the daily patterns of wildlife . activity by influencing animals to become more nocturnal in order to avoid human activity 1°. Hannah Swarthout is continuing to monitor remote wildlife cameras within the study area and the two northern Village H cameras managed by CNLM. Roadkill Monitoring Tamarack A venue and Carlsbad Village Drive are highly traveled, as Tamarack is a four-lane road with a speed limit of 35 miles per hour and Carlsbad Village Drive is ~ four-lane road with a speed limit of 40 miles per hour; therefore, these roads are expected to be a barrier for wildlife movement through direct mortality from vehicle collisions. Roadkill monitoring was conducted along portions of Tamarack A venue, Carlsbad Village Drive, and Glasgow A venue that border Village H to determine if these areas were a pinchpoint for medium to large mammal species, as these species demonstrate longer-range wildlife movement patterns and are likely more threatened by habitat fragmentation from roads.11 While roadkill monitoring occurred 38 days out of90 days for the purpose of this memo, it is likely that these results represent all roadkill data for the 90 days, as roadkill typically persists for more than 1 day. All roadkill observations detected during the roadkill monitoring period were small mammals, suggesting that medium to large mammal species, such as coyote, are able to cross pinchpoint Ml-1 across Carlsbad Village Drive at street level relatively successfully, as documented on remote wildlife cameras. Additionally, all roadkill observations detected during the roadkill monitoring period were not found at the four pinchpoints previously identified 12. ESA is continuing to monitor animal disposal pickup records from the city's Public Works department to determine potential pinchpoints within the city that may benefit from future roadkill monitoring. Additional pinchpoint roadkill monitoring is currently being conducted at Faraday Avenue (pinchpoint MS-2). 8 Frid, A. and M. Dill. 2002. Human-caused disturbance stimuli as a form of predation risk. Conservation Ecology 6 (1 ). 9 Lenth, B., M. Brennan, and R. L. Knight. 2006. The Effects of Dogs of Wildlife Communities. City of Boulder Open Space and Mountain Parks. 10 Gaynor, K.M., C.E. Hojnowski, N.H, Carter, and J.S. Brashares. 2018. The influence of human disturbance on wildlife nocturnality. Science 360: 1232-1235. 11 Ng, S.J., J.W. Dole, R.M. Sauvajot, S.P .D. Riley, and T.J. Valone. 2004. Use of highway undercrossings by wildlife in southern California. Biological Conservation 115: 499-507. 12 ESA. 2019. Village H: Analysis of Biological Constraints Memorandum. Prepared for City of Carlsbad. 9 Dec. 10, 2019 Item #20 Page 125 of 196 City of Carlsbad Village H Wildlife Movement Study Dog Waste Studies As the study area was historically used by local residents and off-leash dogs, dog waste studies were initiated to gather data on how reopening Village H to the public might impact on-the-ground conditions in the form of dog waste left along trails and within adjacent open space areas. The first collection, which occurred on August 28, 2019, represented nearly half of the total counts of dog waste across all 5 collection dates and nearly half of the amount of dog waste by pound. This is presumably from waste that had been left onsite prior to the start of this study. It should be noted, much of the dog waste that was onsite was likely covered by the dense layer of eucalyptus mulch left onsite when preparing the trails for reopening. Additionally, older waste had likely degraded and were not represented in the results. The percent change in total dog waste counts between studies were a 73% decrease from August 28, 2019, to September 11, 2019; a 78% increase from September 11, 2019, to September 25, 2019; a 61 % decrease from September 25, 2019, to October 8, 2019; and a 123% increase from October 8, 2019, to October 23 , 2019. Similarly, the percent change in total weight of dog waste (lbs) between studies were a 65% decrease from August 28, 2019, to September 11, 2019; a 182% increase from September 11 , 2019, to September 25, 2019; a 60% decrease from September 25, 2019, to October 8, 2019; and a 25% decrease from October 8, 2019, to October 23, 2019. lfthe total number of dog waste is used as a proxy for the amount of public usage, these results suggest that public usage within Village H may not be consistent across weeks, assuming dog owners who do not pick up dog waste never pick up dog waste. Currently, there is no apparent trend between dog waste study collection dates, except a general decline since the first date. ESA, volunteers, college students, and city staff continue to conduct dog waste studies within the study area, with the next one planned for November 6, 2019. This study is expected to continue until a correlation is clear or determined unnecessary. Highlights from Studies through November 15, 2019 Additional information that has been gathered since the data presented above (runs through October 23, 2019) includes: • Movement northward out of the site. Coyotes were documented traveling out of the Village H property under the wrought-iron gate on the northern boundary of the site adjacent to Carlsbad Village Drive, close to Victoria A venue. No roadkill has been detected along that portion of Carlsbad Village Drive so far, suggesting that coyotes may be successfully crossing Carlsbad Village Drive into the habitat to the north. Coyotes were observed on camera on the boundary farther east hesitating to leave the site at night as headlights passed by. Based on current roadkill monitoring data and camera data, smaller mammals such as skunks and opossums appear to have difficulties crossing Carlsbad Village Drive near Tamarack A venue and Glasgow Drive. These animals may be trying to travel into or out of the habitat preserve north of Carlsbad Village Drive in this area. • East-west movement East-west movement between pinchpoints Ml-1 and Ml-3, which is the east-west fork of the potential movement pathway on Figure 2, seems to be well-established based on camera data. Prior to opening the gate at pinchpoint Ml-2 on August 26, 2019, bobcats were documented attempting to cross under Tamarack Avenue, but they were blocked because the gate was closed (and locked). As soon as the gate was opened by the city, wildlife including bobcats began utilizing this undercrossip.g 10 Dec. 10, 2019 Item #20 Page 126 of 196 City of Carlsbad Village H Wildlife Movement Study within 2 days. This undercrossing supports heavy traffic from skunks as well, but no coyotes have been documented utilizing it. • North-south movement It appears that wildlife may have difficulty moving north-south through and beyond (south of) the Village H site. Few animals were detected on cameras placed in the central portion of the site; however, this could be due to camera placement. Cameras have been moved to other locations that are better suited to capture movement. Movement south of Village H appears very constrained. The CMWD property and storage area are completely blocked off with six-foot chain link fences, and no wildlife was captured at the Ml-4 pinchpoint (under Pontiac Drive) located at the southern end of the offsite preserve. The area was scouted for additional camera locations or potential movement paths. A deep concrete v-ditch that runs along the eastern portion of the habitat south of Village H near Tamarack Avenue could provide an opportunity for north-south movement; however, there are signs of recent use by skateboarders which might deter wildlife. Also, animals moving along this path would not be able to move out of the ditch westward until the southern end near Pontiac Drive because there are no openings in the adjacent vegetation. Fencing along the eastern edge prevents wildlife from entering onto Tamarack A venue. No accessible paths were located through the middle of this offsite preserve area, and although there appears to be a trail along the western (top) edge based on aerial photographs, access into the habitat is fenced off. Conclusions and Future Studies • Conclusions regarding impacts to wildlife species and their movement patterns from formally opening the trail are limited due to the short survey period, which included a large amount of human activity and noise from construction equipment during the closed period when tree trimming and fencing installation were conducted to get the trail ready for public use. Additionally, the Village H property was heavily used by local homeowners for decades before the city acquired the property and wildlife movement during this time period was not captured. However, the results in this memorandum still provide valuable baseline information regarding wildlife species occurring onsite, a snapshot of wildlife movement patterns, human and dog usage, and fluctuations over time which can inform management decisions about future use of the property. • Wildlife seem to generally stay away from the trails, even at night. However, all cameras along the trail were stolen during the period when the trail was reopened to the public; therefore, this incidental observation is not conclusive. Additional trail cameras should be installed in a fashion where vandalism and stealing are less likely, so that additional camera data can be collected to see if wildlife are using the trails at night. • The majority of dog waste was documented either on or within three feet of the city-approved trail, suggesting dogs spend more time on and nearby the trail than in the adjacent open space and HMP hardline preserve areas. However, many tennis balls were documented in the open space and HMP hardline preserve areas, indicating that dogs are entering those areas to play. • Despite the fact that the trail is a leash-only trail with dog waste stations along the trail and no dogs are allowed elsewhere, there is still a significant amount of dog waste being picked up during the biweekly dog waste studies (i.e., many dog users are not picking up after their dogs). • The presence, sign, and smell of dogs has been shown to reduce wildlife usage13. Small mammals such as squirrels, rabbits, and mice (Peromyscus spp., Reithrodontomys spp., and Onychomys spp.) exhibit reduced 13 Lenth, B., M. Brennan, and R. L. Knight. 2006. The Effects of Dogs of Wildlife Communities. City of Boulder Open Space and Mountain Parks. 11 Dec. 10, 2019 Item #20 Page 127 of 196 City of Carlsbad Village H Wildlife Movement Study activity with 50 meters or more to trails with dogs. Bobcat detections also decrease with dog presence; however, coyote activity has shown to increase with the presence of dogs, in the form of activity investigating and scent-marking14. • Wildlife cameras are recommended to be maintained and the results documented for at least one year to assess wildlife usage patterns throughout the year. Figures Figure 1 -Study Area Location Figure 2 -Pinchpoints and Potential Wildlife Movement Conidors Figure 3 -Remote Wildlife Camera Locations Figure 4 -Roadkill Monitoring Results Figure 5 -Remote Wildlife Camera Results Figure 6 -Dog Waste Study Results Attachments Appendix A -Village H Remote Wildlife Camera Representative Photographs Appendix B -Village H Remote Wildlife Camera Results Appendix C -Village H Roadkill Survey Dates and Results Appendix D -Village H Representative Photographs of Wildlife Detected on Remote Wildlife Cameras Appendix E -Village H Dog Waste Studies Representative Photographs 14 Lenth, B., M. Brennan, and R L. Knight. 2006. The Effects ofDogs of Wildlife Communities. City of Boulder Open Space and Mountain Parks. 12 Dec. 10, 2019 Item #20 Page 128 of 196 APPENDIX 8 -VILLAGE H REMOTE WILDLIFE CAMERA FULL RESULTS TABLE 1 VILLAGE H REMOTE WILDLIFE CAMERA DETECTIONS -FULL RESULTS FROM JUNE 25, 2019 THROUGH OCTOBER 16, 2019 (NUMBER OF INDIVIDUALS DETECTED) Rodents, Wildlife Camera Location Coyote Bobcat Skunk Rabbits, Bird Off-leash Dog On-leash Dog Raccoons Time Number of Days A B C A B C A B C A B C A B C A B C A B C A Period1 Active VH1 113 60 111 55 3 3 4 1 1 3 19 ·2 0 59 7 20 116 134 79 1 13 6 52 VH22 46 22 2 NA 0 0 NA 0 0 NA 13 0 NA 0 0 NA 49 13 NA 1 16 NA 46 VH32 46 4 0 NA 0 0 NA 0 0 NA 0 0 NA 3 1 NA 174 93 NA 30 102 NA 253 VH42 46 1 0 NA 0 0 NA 0 0 NA 0 0 NA 0 0 NA 43 68 NA 4 83 NA 50 VH5 113 0 2 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 VH63 99 0 0 0 3 2 0 0 1 0 0 5 2 8 3 0 0 0 0 0 0 0 0 VH7 113 34 26 11 5 0 2 1 0 3 0 4 0 4 1 0 0 0 0 0 0 0 0 VH8 113 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 VH94 83 6 53 4 0 0 5 0 0 2 2 2 7 0 1 9 17 100 2 1 0 0 10 VH102·4 16 1 0 NA 0 0 NA 0 0 NA 0 0 NA 0 1 NA 1 1 NA 0 0 NA 0 VH135 34 NA NA 36 NA NA 13 NA NA 1 NA NA 11 NA NA 13 NA NA 54 NA NA 0 NA VH143·5 20 NA NA 1 NA NA 0 NA NA 0 NA NA 0 NA NA 0 NA NA 1 NA NA 0 NA VH156 27 NA NA 0 NA NA 6 NA NA 2 NA NA 1 NA NA 1 NA NA 0 NA NA 0 NA City of Carlsbad Preserve Steward Village H ~ldlife Movement Memo B-1 Appendix B -Village H Remote Wildlife Camera Full Results From 6/25/19 Through 10/16/19 Human Biker B 101 64 387 244 0 1 1 1 38 5 NA NA NA C A 65 0 NA 0 NA 0 NA 0 0 0 0 0 0 0 0 0 11 0 NA 0 22 NA 0 NA 0 NA ESA / D170606.03 November 2019 B 0 0 3 0 0 0 0 0 0 0 NA NA NA C 2 NA NA NA 0 0 0 0 0 NA 0 0 0 Dec. 10, 2019 Item #20 Page 140 of 196 APPENDIX 8 -VILLAGE H REMOTE WILDLIFE CAMERA FULL RESULTS TABLE 1 VILLAGE H REMOTE WILDLIFE CAMERA DETECTIONS-FULL RESULTS FROM JUNE 25, 2019 THROUGH OCTOBER 16, 2019 (NUMBER OF INDIVIDUALS DETECTED) Wildlife Camera Location Coyote VH166 27 NA NA 0 NA VH207 34 1 19 NA 0 Total 129 213 107 11 NOTES: NA = Data not available. 1 Time Period A: Prior to Public Reopening (6/25/19-7/31/19) Time Period B: Post Public Reopening (8/1/19-9/7/19) Bobcat NA 3 8 Time Period C: Post Survey Period for Memo (9/8/19-10/16/19) Skunk 8 NA NA 7 NA 0 7 NA 38 2 9 18 Rodents, Rabbits, Bird Off-leash Dog On-leash Dog Raccoons NA NA 0 NA NA 2 NA NA 0 NA NA 0 NA 0 9 NA 0 0 NA 0 0 NA 0 0 NA 0 34 22 21 74 15 45 400 409 136 37 214 . 6 411 Human Biker NA 0 NA NA 0 NA 0 0 842 98 0 3 2 Cameras VH2, VH3, VH4, and VH 1 0 were pulled from the ground on August 1 o, 2019, and were not reinstalled due to potential for additional vandalism. No video data was collected at these locations after August 1 0, 2019. 3 Cameras VH6 and VH 14 were pulled from the ground on October 2, 2019, and were not reinstalled due to potential for additional vandalism. No video data was collected this location after October 2, 2019. 4 Cameras VH9 and VH10 were installed on July 25, 2019. 5 Cameras VH13 and VH14 were installed on September 12, 2019. 6 Cameras VH15 and VH16 were installed on· September 19, 2019. 7 Camera VH20 is a CNLM-installed and maintained camera. Data for this camera runs from 7/3/19-9/3/19. City of Carlsbad Preserve Steward Village H Wildlife Movement Memo Appendix B-Village H Remote Wildlife Camera Full Results From 6/25/19 Through 10/16/19 B-2 ESA / D170606.03 November 2019 0 NA 2 Dec. 10, 2019 Item #20 Page 141 of 196 APPENDIX C -VILLAGE H ROADKILL SURVEY DATES AND RESULTS Date Time (start-end) 7/25/19 11 :20-11 :30am 7/30/19 2:20-2:30pm 8/1/19 12:45-1 :00 8/4/19 8:35-8:50am 8/6/19 12:50-1:10 8/7/19 10:00-10: 15am 8/9/19 2:35-2:50 8/10/19 6:55-7:10am 8/14/19 10:40-10:55am 8/16/19 2:45-2:55pm 8/17/19 9: 1 b-9:25am 8/18/19 12:40am 8/21/19 11 :20-11 :35am 8/23/19 3:28-3:40pm 8/25/19 10:07-10:15am 8/28/19 12:15-12:30pm 8/30/10 1:25-1:35pm 8/31 /19 9:50-10:00am 9/4/19 9:35-9:50am 9/6/19 10:20-10:35am 9/8/19 9: 18-9:28am 9/11 /19 10:40-11 :00am 9/12/19 10:05-10:17am 9/14/19 8:35-8:45am 9/18/19 9:20-9:35am 9/19/19 9:28-9:46am 9/21/19 9:25-9:36am 9/25/19 10:30-10:45am 9/26/19 10:13-10:21am 9/28/19 11 :21-11 :31am 10/2/19 3:30-3:45pm 10/4/19 1 :35-1 :43pm 10/5/19 8:35-8:45am City of Cartsbad Preserve Steward Village H Wildlife Movement Memo Appendix C -Village H Roadkill Survey Dates and Results Surveyor Location Team Village H H. Swarthout Village H A. Sullivan Village H K. Merrill Village H H. Swarthout Village H A. Lee Village H H. Swarthout Village H K. Merrill Village H A. Lee Village H H. Swarthout Village H K. Merrill Village H K. Merrill Village H A. Lee Village H H. Swarthout Village H K. Merrill Village H A. Sullivan Village H H. Swarthout Village H K. Merrill Village H A. Lee Village H H. Swarthout Village H K. Merrill Village H A. Lee Village H H. Swarthout Village H K. Merrill Village H A. Lee Village H H. Swarthout Village H K. Merrill Village H A. Sullivan Village H H. Swarthout Village H K. Merrill Village H A. Sullivan Village H H. Swarthout Village H K. Merrill Village H Species None None None None None None None None None None None None None None None Opossum None None None None None None None None None Opossum None None None None None None None ESA / D170606.03 November 2019 Dec. 10, 2019 Item #20 Page 143 of 196 Appendix C -Village H Roadkill Survey Dates and Results Date Time (start-end) 10/8/19 9:30-9:45am 10/11/19 1:24-1:32pm 10/16/19 11 :30-11 :39am 10/19/19 9:06-9:13am 10/23/19 9:30-9:45am City of Carlsbad Preserve Steward Village H \Midlife Movement Memo Appendix C -Village H Roadkill Survey Dates and Results Surveyor A. Sullivan H. Swarthout H. Swarthout K. Merrill A. Sullivan C-2 Location Village H Village H Village H Village H Village H Species None None None None Rabbit ESA / 0170606.03 November 2019 Dec. 10, 2019 Item #20 Page 144 of 196 EXHIBIT 7 Dec. 10, 2019 Item #20 Page 151 of 196 Assessor's Parcel Number: __ _ 2. Allowable Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 3 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are the only uses expressly allowed both by: (a) Those uses that are consistent with the Open Space & Community Parks (OS) General Plan Land Use designation; and, (b) Those uses consistent with the intent and purpose of the Calavera Hills Master Plan (MP-150(H)) and the Calavera Hills Master Plan EIR 98-02. A portion of the Restricted Property is also subject to a recorded conservation easement deed (the "Conservation Easement"): Nothing herein is intended to modify or expand on the allowable uses within that portion of the Restricted Property already subject to restrictions contained in the Conservation Easement. 3. Declarant's Reserved Rights. Declarant reserves to itself, and to its personal representatives, heir~, successors, and assigps, all rights accruing from its ownership of the Restricted Property, including the right• to engage in or to permit or invite others -to engage in all uses of the. Restricted Eroperty that are consistent with the Purpose of this Restrictive Covenant, including but not limited to the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads and over any existing or future-approved trails, or to perform any other activities not prohibited by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant commurut1es. Habitat enhancement. activities shall be performed in compliance with all applicable laws and regulations. 4. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. 2 Dec. 10, 2019 Item #20 Page 153 of 196 Assessor's Parcel NIIJllber: ___ _ S. Enforcement,' Declarant, its successors and assigns, grants to Preserve Calavera a discretionary right to enforce this Restrictive Covenant in a judicial. or administrative action against any party violating or attemptjng to violate it~ provided, however, that no violation shall result in a forfeiture or reversion of title. 6. Amendment. Declarant may amend this Restrictive Covenant only after written concurrenc·e by Preserve Calavera (such concurrence-shall not be unreasonably withheld). Any such amendment shall be consistent with the Purpose ofthis Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by Preserve Calavera in the official records of San Diego County, California, and shall provide a· copy of the recorded document to City and Preserve Calavera. 7. Recordation. Declarant, its successor or assign shall pr<;>mptly record this instrument in the official records of San Diego County, Califomi~ and provide a copy of the recorded document to City and Preserve Calavera. 8. Assignment .and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrwnent by which Declarant divests itself of any interest in a11 or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property,. including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant .. Any•subsequent transferee shall be deemed to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (ii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations· set forth above in this paragraph and pursuant to Section 13, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter he deemed to refer to such transferee. 9. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive -Covenant, 3 Dec. 10, 2019 Item #20 Page 154 of 196 Assessor's Parcel Number: ____ _ EXHIBIT A 6 Dec. 10, 2019 Item #20 Page 157 of 196 Assessor's Parcel Number: ___ _ EXIIlBIT B 7 Dec. 10, 2019 Item #20 Page 159 of 196 Assessor's Parcel Number· 167-101-19 2. Allowable Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 3 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are the only uses expressly allowed: (a) Those uses that are consistent with the Open Space (OS) General Plan Land Use designation; and, (b) Those uses that are consistent with the intent and purpose, as well as all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad. 3. Declarant's Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including but not limited to the following uses: (a) Access, Reasonable access through the Restricted Property to adjacent land over existing roads and over any existing or future-approved trails, or to perform any other activities not prohibited by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address · any legitimate public health or safety matter. (b) Habitat · Enhancement Activities. Enhancement of native plant commumties. Habitat enhancement activities shall be performed in compliance with all applicable laws and regulations. 4. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. If ownership of the property is transferred to the City of Carlsbad, the City of Carlsbad as owner of the property may allow for a general right of access to the public or a general right of access to the Restricted Property in a manner consistent with Section 2, Allowable Uses, of this Restrictive Covenant. 5. Enforcement. Declarant, its successors and assigns, grants to Preserve Calavera a discretionary right to enforce this Restrictive Covenant in a judicial or administrative action against any party violating or attempting to violate it; provided, however, that no violation shall result in a forfeiture or reversion of title. 1 Dec. 10, 2019 Item #20 Page 163 of 196 Assessor's Parcel Number 167-101-19 6. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by Preserve Calavera (such concurrence shall not be unreasonably withheld). Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restri.ctive Covenant approved by Preserve Calavera in the official records of San Diego County, California, and shall provide a copy of the recorded document to City and Preserve Calavera. 7. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of Sari Diego County, California, and provide a copy of the recorded document to City and Preserve Calavera. 8. Assignment and Subsequent Transfers. (a) Declatant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Any subsequent transferee shall be deemed to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant · or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (ii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 13, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 9. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant, 3 Dec. 10, 2019 Item #20 Page 164 of 196 Assessor's Parcel Nwnber 167-101-19 10. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 11. No Forfeiture. '- Nothing contained herein will result in a forfeiture or reversion of Declarant's title in any respect. 12. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude runnin:g in perpetuity with the Restricted Property. 13. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. · 14. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon .construction or interpretation. · IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and year first above written. "Declarant" Presidio Cornerstone QC, LLC a Delaware limited liability company By: Cornerstone Communities LLC, a California limited liability company, its Operating Manager By \:1z.__:_ Name: Ure R. Kretowicz Title: Manager 4 Dec. 10, 2019 Item #20 Page 165 of 196 Assessor's Parcel Number I 67-101-19 EXHIBIT A 6 Dec. 10, 2019 Item #20 Page 167 of 196 EXHIBIT 'A' LEGAL DESCRIPTION A PORTION OF THAT PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THOMPSON CORP., A NEVADA CORPORATION, RECORDED APRIL 1, 2009 AS FILE NO. 2'009-:.0163220 OF OFFICIAL RECORDS. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP., SAID POINT BEING THE SOUTHWEST CORNER OF VICTORIA AVENUE AS DESCRIBED IN GRANT DEED RECORDED FEBRUARY 13, 1984 AS FILE NO. 84-053117 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID VICTORIA.AVENUE NORTH 41°02'44" EAST, RECORD 41°03'50" EAST, 27.41 FEET TO THE BEGINNING OF A TANGENT 530 FOOT RADIUS CURVE, CANCAVE TO THE NORTHWEST; THENCE CONTINUING NORTHEASTERLY ALONG SAID SOUTHERLYLINE,ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°03'25", 93.03 FEET TO THE BEGINNING OF A 25 FOOT RADIUS REVERSING CURVE; THENCE CONTINUING NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83°44'53", 36.54 FEET TO THE BEGINNING OF A 742 FOOT RADIUS REVERSING CURVE, SAID CURVE BEING THE SOUTHERLY LINE OF ELM AVENUE AS DESCRIBED IN SAID DEED 84- 053117; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°22'56", 354.61 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00°55'39" EAST, 277.72 FEET; THENCE SOUTH 38°21'02" WEST, . 214.38 FEET; THENCE NORTH 69°03'13" WEST, 176.13 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP.; THENCE ALONG SAID WESTERLY LINE NORTH 24°23'54" WEST, RECORD NORTH 24°22'59", WEST 69.74 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 82°56'10" WEST, RECORD SOUTH 82°57'05"WEST, 24.19 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 24°23'54" WEST, 159.02 FEET; THENCE NORTH 26°24'55" WEST, 26.36 FEET; THENCE NORTH 33°27'56" WEST, 26.18 FEET; THENCE NORTH 46°40'27" WEST, 70.30 FEET TO A POINT ON THE WESTERLY LINE OF SAID PROPERTY GRANTED TO THOMPSON CORP., THENCE ALONG SAID WESTERLY LINE NORTH 41 °02'44" EAST, RECORD NORTH 41 °03'39" EAST, 60.25 FEET TO THE POINT OF BEGINNING. AREA= 3.82 ACRES Friday, February 02, 2018 Page 1 of 1 G :\ 141006\Plats\RestrictedProperty\9820P-LEGL-ViflageH-Restrict.docx Dec. 10, 2019 Item #20 Page 168 of 196 Assessor's Parcel Number 167-101-19 EXHIBITB 7 Dec. 10, 2019 Item #20 Page 169 of 196 EXHIBIT 8 Dec. 10, 2019 Item #20 Page 172 of 196 SETTLEMENT, RELEASE, AND WAIVER AGREEMENT This Settlement, Release and Waiver Agreement ("Agreement") is entered into on November 25, 2013, by and among Preserve Calavera ("Petitioner") and Quarry Creek Investors, LLC ("Quarry Creek Investors") and the City of Carlsbad ("City"). Petitioner, Quarry Creek Investors and the City are sometimes referred to collectively hereinafter as the "Parties." 1. INTRODUCTION On May 9, 2013, Petitioner filed a Verified Petition for Writ of Mandate pursuant to the California Environmental Quality Act in San Diego Superior Court as Case No. 37- 2013-00047911-CU-WM-NC ("CEQA Lawsuit"). The CEQA Lawsuit challenges the Carlsbad City Council's decision on April 2, 2013, to certify a Final Environmental Impact Report ("FEIR") and to approve a General Plan amendment, Zone Change, Master Plan and related entitlements ("Project Approvals") for a mixed-use development project known as "Quarry Creek" ("Project"). A complete description of the Project is set forth in Section 3 .0 of the Project Description of the FEIR. The FEIR states that it is intended to cover all approvals, actions and determinations to implement the Project. On May 29, 2013, Petitioner filed a Verified Complaint for Declaratory and Injunctive Relief pursuant to the Brown Act in San Diego Superior Court as Case No. 37- 2013-00050683-CU-MC-NC ("Brown Act Lawsuit"). The Brown Act Lawsuit alleges the Carlsbad City Council discussed the Project in closed session in violation of the Brown Act before approving the Project on April 2, 2013. The Brown Act Lawsuit and the CEQA Lawsuit will be referred to herein collectively as the "Pending Lawsuits." Following a mandatory settlement conference pursuant to CEQA and after negotiations in good faith, the Parties desire to resolve their differences through settlement rather than through trial, including resolving all claims and liabilities in connection with the issues asserted in the Pending Lawsuits or which could have been raised in the Pending Lawsuits. Moreover, the Parties intend that this settlement will resolve all disputes over the implementation, construction and maintenance of the Project. The Parties enter into this Agreement to fully settle and discharge all disputed civil claims and actions upon the terms and conditions set forth herein. 2. NO ADMISSION OF LIABILITY It is expressly understood, acknowledged, and agreed to by the Parties, that by reason of entering into this Agreement, the Parties do not admit, expressly or impliedly, any fact or liability of any type or nature, whether or not referred to herein, or the sufficiency of any claims made or that could have been raised by any party, allegations, 1 Dec. 10, 2019 Item #20 Page 173 of 196 assertions, or the positions of any party. Further, the Parties have not made · any such admission and this Agreement is entered into solely by way of compromise and settlement. 3. QUARRY CREEK INVESTORS' OBLIGATIONS In consideration of the obligations undertaken and the promises made herein by Petitioner and the City, Quarry Creek Investors hereby covenants and agrees as follows: a. Quarry Creek Investors will process a substantial conformance Tentative Map and Minor Master Plan Amendment on Quarry Creek through the City showing the following: 1. Revised grading and road modifications to the "panhandle" parcel of the Project, as shown on Exhibit "A". u. A reduction in the Project's maximum unit count from 656 to 636. m. A two story height limit for the first row of homes on the northernmost portion of the panhandle parcel of the Project. 1v. Use of earth tone colors for elevations and roof tiles for the first row of homes on the northernmost portion of the panhandle parcel of the Project. v. Subject to the approval of the City and the City's Fire Department, enhanced landscaping shall be planted on the north facing slope of the panhandle parcel of the Project in order to provide additional screening of residential structures. b. Quarry Creek Investors will use its best efforts to acquire in fee the Village H property ("Village H"), composed of approximately 60.89 acres, Assessor Parcel Number ("APN") 167-101-19. c.. Quarry Creek Investors shall not be required to allow public access on existing trails through Village H during the time that it owns Village H. d. Quarry Creek Investors shall retain the right to improve existing drainages within Village H·as mitigation in connection with obtaining permits or other approvals for the Project from the United States Army Corps of Engineers ("USACE"), the United States Fish and Wildlife Service ("USFWS"), California Department of Fish and Wildlife ("CDFW"), and San Diego Regional Water Quality Control Board ("SDRWQCB") Gointly, the 2 Dec. 10, 2019 Item #20 Page 174 of 196 "Resource Agencies"). Such improvements shall be subject to reasonable review and approval by the City. e. Quarry Creek Investors shall transfer its fee interest in Village H to the City upon the completion of the following events: (1) approval by the City of the Site Development Plans or Tentative Maps for the five lots created by Tentative Map No. CT 11-04; (2) USACE approval of a Section 404 permit for the Project; (3) execution of a Section 1603 Agreement with the CDFW for the Project; and ( 4) issuance of a Section 401 Certification by the SDRWQCB for the Project. The City agrees that this transfer of Village H shall be in an "as is" condition. Quarry Creek Investors shall be responsible for releasing any loans or liens it may have placed on the property, preparing any plats and legal description, and paying any fees associated with the transfer of Village H to the City. f. Within 45 days of the acquisition in fee of Village H, Quarry Creek Investors shall record an open space easement or restrictive covenant on Village H ( excluding the CF Site) for the benefit of Preserve Calavera, or other mutually agreed upon third party. Notwithstanding the recordation of an open space easement or restrictive covenant on Village H, Quarry Creek Investors will retain the developments rights to the CF Site until the transfer of Village H to the City occurs. g. Quarry Creek Investors shall record a restrictive covenant or open space easement on the CF Site for the benefit of Preserve Calavera, or other mutually agreed upon third party, prior to transferring the CF Site to the City, provided such transfer occurs consistent with the terms of this Settlement Agreement. h. The form of the Village H transfer documents and open space easements and/or restrictive covenants referenced in Paragraphs 3.e through 3.g, above, shall be subject to the reasonable review and approval by the City. 1.s If the conditions precedent for the transfer of Village H to the City as set forth in Paragraph 3.e do not occur, or if any lawsuit is filed challenging any necessary approval required to implement the Project, Quarry Creek Investors may request a change in the CF designation on Village H, as allowed in the City's Municipal Code, and develop the CF site consistent with that change in designation. Preserve Calavera agrees not to oppose the change in designation or development of the CF Site provided, however, that Quarry Creek Investors agrees to grant Preserve Calavera an option to purchase Village H prior to such development ("Village H Option"). The 3 Dec. 10, 2019 Item #20 Page 175 of 196 Village H Option shall be triggered by a written notice to Preserve Calavera from Quarry Creek Investors, as specified in Paragraph 9. 1. The Village H Option shall be for twelve (12) months from the date of receipt of written notice from Quarry Creek Investors. 11. The purchase price shall be the same amount that Quarry Creek Investors pays for Village H. 111. Within fifteen ( 15) days of receipt of the written notice, Petitioner shall make a $50,000.00 deposit ("Option Deposit") on the Village H Option to vest the option. If Petitioner fails to make the Option Deposit, the option shall expire. The Option Deposit shall become non-refundable sixty (60) days after it is made. In the event that Petitioner exercises the option within the Term, however, the Option Deposit will be credited towards the purchase price. J. In the event that Quarry Creek Investors is unable to acquire Village Hafter using its best efforts to do so, and only after Quarry Creek Investors obtains the approvals described in Paragraphs 3.a and 3.e, Quarry Creek Investors shall deposit $964,000.00 ("Settlement Funds") into an account that shall be used to benefit the preservation and management of natural lands in coastal San Diego North County, with a first priority on preserving and managing natural lands in the City, subject to the mutual agreement of Quarry Creek Investors and Preserve Calavera. Preserve Calavera agrees to cooperate in good faith with the City to identify natural lands located in the City that can be preserved or managed through the use of the Settlement Funds consistent with the terms of the Settlement Agreement. The parties shall agree on a third party that will act as the trustee for the account and make decisions concerning the distribution of funds consistent with the approved uses of · the Settlement Funds outlined below. Focus shall be on existing natural lands, the watershed of the Carlsbad Hydrologic Unit, and regional habitat and wildlife movement corridors as identified in the Multiple Habitat Conservation Plan ("MHCP") and Carlsbad Habitat Management Plan. Any interest earned on the deposited Settlement Funds shall be used to pay the trustee; any remaining interest shall be reimbursed to Quarry Creek Investors after $964,000.00 in Settlement Funds have been distributed by the trustee of the account for the approved uses. Any use ofthe Settlement Funds other than those described as preapproved uses, below, shall require the mutual written consent of Quarry Creek Investors and Preserve Calavera. Preapproved uses of the Settlement Funds shall include the following: 4 Dec. 10, 2019 Item #20 Page 176 of 196 1. Open space land acquisition -Research into potential acquisitions, appraisal and other fees, preparation of conservation easement and ' purchase agreements, purchase of land, and endowment funds for land management. Acquisitions shall only be from willing sellers and Petitioner agrees not to use the existence of the Settlement Funds as a basis to oppose proposed projects or other City initiatives. 11. Management of preserved lands within the City or lands acquired by use of the Settlement Funds -Preparation of land management plans, improved invasive species control such as invasive plant removal and cowbird trapping, trash removal and clean-up, site restoration, funding scientific studies on related issues such as targeted species enhancement, and improved site enforcement, such as ranger patrols. 111. Mitigating Greenhouse Gas Emissions -Providing incentive programs in support of expanded public transit services or increased ridership in the City as a first priority and also in the Cities of Oceanside and Vista. Physical improvements to support alternative transportation, such as pedestrian connections and bike racks, or reduced use of fossil fuels, such as electric vehicle charging stations and solar installations in the City. Education/outreach programs about reducing vehicle miles travelled ("VMT") and use of fossil fuels in the City. 1v. Educational Programs in the City -Supporting educational programs that interpret the historic, cultural and natural resources of the Buena Vista Creek Valley. This could include providing visitor amenities, interpretive exhibits, supporting lectures or guided walks. v. Public trails in the City -Preparation of trail plans, construction of trail segments, interpretive signage/exhibits, erosion control and trail maintenance projects, designing/constructing trail amenities such as fencing, benches and kiosks in coordination with the City. v1. Wildlife movement corridors in the City -Support City's project to study barriers to wildlife movement and implement recommendations. Conduct further studies to better understand regional wildlife connectivity, such as a bobcat collaring project. Fund improved data collection and monitoring, such as transects by the San Diego Tracking Team or roadkill monitoring. vu. Public education and outreach in the City -Designing and distributing public information materials or holding community 5 Dec. 10, 2019 Item #20 Page 177 of 196 meetings/workshops on issues related to minimizing impacts on natural resources. This could include things like converting landscaping to native plants, wildlife appreciation, being a responsible dog owner, starting a community garden, greywater reuse, or bicycle safety. k. In the event that Quarry Creek Investors does not acquire Village H, Quarry Creek Investors agrees to pay Petitioner $10,000.00 to cover administrative costs associated with implementing this Agreement, concurrent with the deposit of the Settlement Funds, in the form of a check made payable to Preserve Calavera. 1. Subject to City regulations (i.e., Fire Department/Fuel modification zone requirements) and technical limitations (water quality treatment capabilities), Quarry Creek Investors will utilize, to the greatest extent feasible, California native plants on the exterior slope banks, within the detention basins and on the large interior slopes on Planning Areas R-1 and R-2. m. Quarry Creek Investors will grade the P-5 trailhead site, but delay implementation of both planned trailheads at Planning Area P-5 and the current eastern terminus of Marron Road until the earlier of such time as: ( 1) a City or other agency trail system is in place served by those trailheads, or (2) the issuance of the 500th residential building permit for the Project. Quarry Creek Investors will post a bond or other security acceptable to the City prior to the recordation of the first final map for the Project to secure completion of the P-5 trailhead. Quarry Creek Investors agrees to redesign the parking spaces at the P-5 trailhead consistent with the attached Exhibit "B" and shall implement such redesign upon the City's approval. No night lighting or night use of the trailhead facilities will be permitted. n. To the extent feasible, Quarry Creek Investors will coordinate the design of any of the planned trailhead facilities at P-5 and at the eastern terminus of Marron Road with design elements contemplated for the Buena Vista Creek Ecological Reserve. o. Quarry Creek Investors will design fencing adjacent to open space areas to facilitate wildlife movement, and agrees to propose to the City and the relevant Resource Agencies a "post-and-rail" fence design. The Parties acknowledge that the decision on the type of fencing selected in these areas is subject to the approval of both the City and one or more Resource Agencies. 6 Dec. 10, 2019 Item #20 Page 178 of 196 p. Quarry Creek Investors will add solar panels to the roof of the central recreation facility to the extent it is structurally feasible to do so, and two electric car plug in stations at a location within the Project. q. Quarry Creek Investors will cooperate with Preserve Calavera to inform future residents of the Project of the existence of any program funded by Preserve Calavera to make bus subsidies and/or passes available to the residents of the Project. r. Quarry Creek Investors will not oppose the deletion of Cannon Road from the City's Circulation Element, provided it is demonstrated that such deletion does not result in a Level of Service (''LOS") E or LOS F at the intersection of Carlsbad Village Drive and College Boulevard. s. Within three (3) business days after the Pending Lawsuits are dismissed with prejudice, Quarry Creek Investors will pay the total sum of $95,318.53, for attorneys' fees and costs incurred by Petitioner in the Pending Lawsuits. Petitioner accepts this sum as a full, final and complete settlement of its claim for attorneys' fees and costs against Quarry Creek Investors and the City in the Pending Lawsuits. The payment by Quarry Creek Investors shall be in the form of a check made payable to the law firm DeLano & DeLano. 4. THE CITY'S OBLIGATIONS In consideration of the obligations undertaken and the promises made herein by Petitioner and Quarry Creek Investors, the City hereby covenants and agrees as follows: a. The City agrees to accept the transfer of Village H in fee from Quarry Creek Investors, or Petitioner, in "as is" condition when offered. b. Upon the transfer of Village H to the City, the City shall assume responsibility for ownership of Village H and shall promptly allow public access to the historic public use trail through Village H. c. Concurrent with the transfer of Village H to the City, or as soon as practicable following the transfer, the City shall transfer the Calavera Homeowners' Association ("HOA") recreational vehicle storage area within Village H, in fee, to the Calavera HOA. Quarry Creek Investors shall prepare the plats and legal description necessary for the transfer of Village H and the Calavera HOA recreational vehicle storage area. In the event that the Calavera HOA refuses to accept the transfer of the Calavera HOA recreational vehicle storage area from the City, Quarry Creek 7 Dec. 10, 2019 Item #20 Page 179 of 196 Investors or a Quarry Creek Investors-related entity agrees to accept such transfer. d. The City will support the efforts of the property owners to complete the connecting trail system, as described above in Paragraph 3 .m, prior to the issuance of the 500th residential building permit for the Project. e. The City shall post signage at the trailhead of the historic public use trail through Village H at the time it is opened to the public, indicating that the opening of the trail is the result of a cooperative effort between the City, Quarry Creek Investors, and Preserve Calavera. f. The City's Master Trails Plan Update presented to the City Council for consideration shall include the Haymar-Marron loop trail and connection to Hidden Canyon Park, and the City will use its best efforts to implement the Plan. g. City staff agree that the changes to the Tentative Map identified in Section 3.a, above, and the redesign identified in Section 3.m, above, shall be approved through a substantial conformance process. City staff further agree that the amendment to the Master Plan identified in Section 3.a, above, shall be approved through a minor amendment process. 5. PETITIONER'S OBLIGATIONS In consideration of the obligations undertaken and the promises made herein by Quarry Creek Investors and the City, Petitioner hereby covenants and agrees as follows: a. Petitioner shall cause its attorneys to execute a Request for Dismissal with Prejudice for both of the Pending Lawsuits. Petitioner shall file the Requests for Dismissal in the San Diego Superior Court on or before November 27, 2013. b. Petitioner shall take no action whether in judicial, administrative or legislative proceedings, to oppose any governmental approval, permit or other entitlement, or modification or amendment thereof, which is or may be required for implementation of the Project, including but not limited to: 1. Resource Agency permitting; 11. amendment or implementation or the Falls Management Plan; 111. processing and implementation of site development plans and tentative maps/parcel maps; 8 Dec. 10, 2019 Item #20 Page 180 of 196 1v. minor amendments to the Quarry Creek Master Plan; v. major amendments to the Quarry Creek Master Plan that do not increase the residential density beyond 636 units or revise the development footprint within the panhandle parcel as shown on "Exhibit A" so long as such amendments otherwise comply with the terms of the Settlement Agreement; vi. issuance of building permits; v11. creation or implementation of preserve management plans; and v111. implementation of any Native American cultural facility on the Oceanside parcel that does not alter the natural features of the El Saito Falls or the Buena Vista Creek. c. Petitioner shall provide no assistance whatsoever, directly or indirectly, whether financial, legal or otherwise, to any person, organization or other entity to oppose any governmental approval, permit or other entitlement, or modification or amendment thereof, which is or may be required for implementation of the Project. d. The prohibitions in this Section 5 shall not apply to any future actions not directly related to the Project as modified by this Agreement, or the physical implementation of the Project if it does not substantially conform to the provisions of this Agreement. This section is not intended to limit or abridge the free speech rights of individuals or entities which Preserve Calavera has no legal authority to bind. e. In the event Quarry Creek Investors grants, and Petitioner exercises, an option to purchase Village H from Quarry Creek Investors, Petitioner shall transfer Village H to the City consistent with the terms of the transfer between Quarry Creek Investors and the City, as set forth in Paragraphs 3 .e through 3 .h, above. f. Petitioner agrees not to waive any conflict that would allow DeLano & DeLano to represent anyone, or lend any support to anyone, in any judicial, administrative or legislative proceeding, to oppose any governmental approval, permit or other entitlement, or modification of amendment thereof, which is or may be required for implementation of the Project, including but not limited to those approvals described in Paragraph 5.b, above, or the development of the CF Site on Village H. 9 Dec. 10, 2019 Item #20 Page 181 of 196 6. RELEASE OF ALL CLAIMS In consideration of the obligations undertaken above, the Parties, on behalf of their officers, directors, members and all other persons acting by or on their behalf, do hereby fully and forever completely release, acquit, and discharge Petitioner, Quarry Creek Investors, and the City, and each of them, together with any and all past and present employees, agents (whether ostensible or actual), elected and appointed officials, officers, departments, or representatives ( coHectively "Releasees") from any and all civil claims, demands, costs, attorneys' fees, rights or causes of action seeking either damages or equitable relief, whether known or unknown, present or future, which Petitioner, Quarry Creek Investors, or the City may have against the Releasees, or any of them, that arise from the facts or circumstances alleged in the Pending Lawsuits or in any way connected with the subject matter of the Pending Lawsuits. Subject to the provisions of Section 5 above, the Parties intend that this Agreement shall operate to release any claim Petitioner has now or may have in the future with respect to the approval and implementation of the Project or any action in furtherance of the Project consistent with this Agreement. Petitioner shall not initiate, pursue or support any future civil claim that would operate to interfere with the Project. The Parties acknowledge that many of the modifications to the Project set forth in this Agreement involve the exercise of discretion on the part of City officials. Any act of discretion will be exercised in good faith by the City and shall not be set aside absent abuse of discretion within the meaning of Code of Civil Procedure 1085 in ordinary mandamus actions. In the event a dispute arises between the Parties with regard to the matters described in this Agreement, the Parties shall meet and confer for a period of thirty calendar days to resolve the dispute. In the event the dispute is not resolved during this process, any party may file a civil action seeking appropriate equitable relief to specifically enforce the terms of this Agreement. Notwithstanding the foregoing, the release in this Section 6 shall not apply to the rights and obligations of Quarry Creek Investors and/or its successors in interest pursuant to the FEIR certified by the City and the Project Approvals approved by the City for the Project. 7. WAIVER OF SECTION 1542 As to the matters released by this Agreement, the Parties expressly waive all rights under Section 1542 of the California Civil Code and of any comparable principle of law, whether by statute or decision. 10 Dec. 10, 2019 Item #20 Page 182 of 196 Section 1542 provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF THE EXECUTION OF THE RELEASE, WHICH IF KNOWN BY HIM MUST HA VE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." This Release expressly includes a discharge of all unknown and unsuspected claims. The Parties understand and acknowledge the consequences of such a specific waiver. 8. NO PRIOR ASSIGNMENT OR TRANSFER The Parties represent and warrant that there has been no assignment or other transfer of any claims or causes of action which they are releasing pursuant to the terms of this Agreement. 9. NOTICE All letters, statements, or notices required pursuant to this Agreement shall be sent to the following addressees. Any letter, statement or notice sent shall be deemed served at the time of delivery when personally served, transmitted by facsimile machine or electronic mail, or by overnight parcel service. Any letter, statement, or notice sent by registered or certified mail shall be deemed served on the business day following deposit thereof in the U.S. Mail. To: City of Carlsbad With a copy to: City Attorney's Office City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone No. (760) 434-2891 Facsimile No. (760) 434-8367 attorney@carlsbadca.gov Michael Hogan Hogan Guiney 225 Broadway, Ste. 1900 San Diego, CA 92101 Telephone No. (619) 687-0282 Facsimile No. (619) 234-6466 mhogan@hgdlaw.com 11 Dec. 10, 2019 Item #20 Page 183 of 196 To: Preserve Calavera With a copy to: To: Quarry Creek Investors With a copy to: Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 Telephone No. (760) 724-3887 Facsimile No. (760) 724-3887 info@,preservecalavera.org Everett DeLano DeLano & DeLano 220 W. Grand Avenue Escondido, CA 92025 Telephone No. (760) 510-1562 Facsimile No. (760) 510-1565 everett@delanoanddelano.com Quarry Creek Investors Attn: Brian Milich P.O. 85104 San Diego, CA 92186-5104 Telephone No. (619) 794-1208 Facsimile No. (619) 336-3596 bmilich@mcmillin.com Allen Haynie Haynie Law Group Excel Centre 17140 Bernardo Center Drive, Ste. 354 San Diego, CA 92128 Telephone No. (858) 485-7700 Facsimile No. (858) 485-7707 ahaynie(a),haynlaw .com 10. MISCELLANEOUS PROVISIONS a. Entire Agreement: This Agreement constitutes the full and entire Agreement between the Parties hereto, and such Parties acknowledge that there is no other agreement, oral and/or written, between the Parties hereto. 12 Dec. 10, 2019 Item #20 Page 184 of 196 b. Authority to Enter Agreement: This Agreement is the result of arms-length negotiations. Each Party to this Agreement represents and warrants to the others that the persons executing this Agreement on behalf of such Party are duly and fully authorized to do so, and that each such Party is acting pursuant to the power and authority granted by their respective principals, and that no further approvals are required to be obtained from any persons or entities. c. Final Agreement: The Parties to this Agreement, and each of them, acknowledge that: ( 1) this Agreement and its reduction to final form is the result of extensive good faith negotiations between the Parties through their respective counsel; (2) said counsel has carefully reviewed and examined this Agreement for execution by said Parties, or any of them; and (3) any statute or rule of construction that ambiguities are to be resolved against the drafting Party should not be employed in the interpretation of this Agreement. d. Binding Agreement: This Agreement is and shall be binding upon and shall inure to the benefit of the predecessors, . affiliates, subsidiaries, successors, assigns, parties, agents, officers, employees, members, shareholders, associates, legal representatives, heirs, executives and/or administrators of each of the Parties hereto. e. Attorneys' Fees, Costs, and Future Action: Except as provided in Sections 3 .s and 6 above, the Parties shall each bear their own costs and attorneys' fees incurred in connection with the Pending Lawsuits and this Agreement. However, if any Party brings an action to enforce any provision of this Agreement, the successful Party shall be entitled to its reasonable attorneys' fees and costs. f. Interpretative Law: This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed by and under the laws of the State of California. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable for whatever reason, the remaining provisions not so declared shall nonetheless continue in full force and effect without being impaired in any manner whatsoever. 13 Dec. 10, 2019 Item #20 Page 185 of 196 g. Modifications: This Agreement may be amended or modified only by a writing signed by all Parties to this Agreement. Modifications affecting the rights or obligations of the City shall first be approved by the City Council. h. Paragraph Headings: Paragraph headings are for reference only and shall not affect the interpretation of any paragraph hereto. 1. No Inducement: Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the Parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the . nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. J. Counterparts This Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one document and all of which together shall constitute one and the same Agreement. Originals may be transmitted by facsimile, personal delivery, electronic mail, overnight parcel, or U.S. mail. k. Additional Documents: All Parties agree to cooperate fully to take any and all steps, perform any acts, and execute any documents consistent with the terms and conditions of this Agreement, which may be needed or required to effectuate the terms, intent, conditions, covenants, and provisions hereof. I. Venue: Venue for enforcement of this agreement shall be in the Superior Court of the State of California, County of San Diego, North County Division. 14 Dec. 10, 2019 Item #20 Page 186 of 196 m. Press Releases: Quarry Creek Investors, Preserve Calavera, and the City agree to cooperate at the · appropriate time in all matters related to any press release( s) associated with the Settlement Agreement and the purchase and transfer of Village H to the City. WE HEREBY CERTIFY THAT WE HAVE READ ALL OF THIS SETTLEMENT, RELEASE, AND WAIVER AGREEMENT AND FULLY UNDERSTAND THE SAME, AND IN WITNESS WHEREOF WE HA VE EXECUTED THIS AGREEMENT IN CALIFORNIA, SIGNED, SEALED AND DELIVERED. [SIGNATURE BLOCKS FOLLOW] 15 Dec. 10, 2019 Item #20 Page 187 of 196 Exhibit List Exhibit A-Quarry Creek Buffer Creation Exhibit (showing revised grading and road modifications to "panhandle" parcel) Exhibit B -Quarry Creek Substantial Conformance Exhibit (showing parking lot redesign) 19 Dec. 10, 2019 Item #20 Page 192 of 196 EXHIBIT A Dec. 10, 2019 Item #20 Page 193 of 196 -z~,1~ ' fi ' / ,,.. :r. .,,.,~-: / ,.,·_ ~ .. // .. ,.~~r-: J .. ",.-;, ::.c:: I-i w-' LJ.J~i c::: :r: (.) X >-w c:::Z c:::O <-:::,~ OLJ.J c::: (.) 'c::: w u. 'u. :::, cc \ ' Dec. 10, 2019Item #20 Page 194 of 196 EXHIBITB Dec. 10, 2019 Item #20 Page 195 of 196 Mia De Marzo Subject: Attachments: FW: 12-10-2019 Council Meeting: Village H South Agenda Item Modified Option #3 -V1 .jpg; Modified Option #3.PDF From: Council Internet Email Sent: Thursday, December 5, 2019 1:05 PM To: City Clerk <Clerk@carlsbadca.gov> Subject: FW: 12-10-2019 Council Meeting: Village H South Agenda Item From: VillageH Trail Users <villageh.trail.users@gmail.com> Sent: Thursday, December 5, 2019 11:44 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 12-10-2019 Council Meeting: Village H South Agenda Item December 5, 2019 TO: Mayor Matt Hall Councilwoman Cori Schumacher Councilwoman Priya Bhat-Patel Councilman Keith Blackburn REGARDING: Village H South Plans Dear Mayor and Council Members, 1 All Receive -Agenda Item# )o For the Information of th;- ITY COUNCIL \I CA~ccJ COO -fl DCM (3) .$2. I'm writing you on behalf of the Village H Trail Users, a group of 125 people interested in preserving the traditional uses of the Village H Trail, including off-leash dog walking. First, thank you for the support you have shown in the past for our trail and its user community. We understand that future developments at the trail, and Village H South in general, will be discussed at your December 10, 2019 meeting. Part of the discussion will center around the five (S) plans published by the Department of Parks and Recreation and posted on the City website. We believe that the Option #3 plan, if slightly modified, would satisfy the needs of our group while respecting the concerns of other major stakeholders including Preserve Calavera, The Department of Parks and Recreation, and the Carlsbad community at large. Attached you will find two documents. The first is a PDF file with text, graphics and photos that detail the changes we have in mind. Second, there is a JPEG file that reflects those changes in plan view. It is a modified version of the graphic created by Parks and Recreation to illustrate their Option #3 plan. It builds on the recent work done at the site and preserves almost all the fencing in place now, so it will be easy on the budget. Additionally it provides the following benefits or changes: • Increases the animal habitat area compared to the Parks & Rec plan; • Decreases the off-leash area compared to the Parks & Rec plan; • Increases the width, and enhances the egress/ingress of the wildlife corridor; • The black steel fence now in place will be removed and discarded; • Places new security fencing for the off-leash area below the line of site from CVD; • Restores the open-space view along CVD for motorists, cyclists and pedestrians; • Creates a second (double) gate for the NE corner of the off-leash area for safe entry from CVD; • Provides easy, controlled access to the new NE gate, keeping people and dogs out of the habitat • Provides for the desired Parks and Recreation connector trail now in the Trails Master Plan. We would appreciate your careful consideration of our suggestions, and recommend the adoption of Option Plan #3 as modified by our suggested changes included in the attached documents. Sincerely, Lonnie Smith, for the Village H Trail Users 2 Suggested Modifications to City's Option #3 for Village H South November 23, 201 9-Lonnie Smith for Village H Trail Users This document is an effort to produce a modified version of the City of Carlsbad (via The Parks & Recreation Department) Option #3 for Village H South that will satisfy all major stakeholders. The initial graphic (based on the City's graphic) is included in reduced scale just below. A larger, more readable version, is included as an attachment to the e-mail by which you received this document. VILLAGE H SOUTH • PUBLIC INPUT OPTION 3 MOOIFIF.O GRAPHIC 8\' LO:"iME S\IITH 11/lVlOlt BASED 0'1 Cl rY OPTI0'1 #J VILLAGE H MAP ----~-:-:-.~'::.~-:.~ . '"'-'-......--011,--•--·~,,, ... o ---. ..... _.,___ c:::J ....... ____ _....._ Illustration 1: Modified City graphic in reduced size. Full size version as attachment. Here are the maj or differences with the option features listed by the City: I) All existing, black steel, perimeter fence to be removed, restoring open space view and leaving habitat land open to animal movement; 2) Off-leash dog area reduced, and habitat space increased from the ~6 acres of Option #3 to perhaps 6.5-7 acres; 3) New, fenc ing fo r the off-leash dog area will be placed below the line of sight from CVD; 4) The Parks and Recreation connector trail will be located a long the eastern side of the dog security fencing until it reaches the diagonal shown in the original City graphic; 5) A second, double gate for access to the off-leash dog area will be constructed, accessed by the regular, City trail detailed herein. Until the black steel fencing was added along Carlsbad Village Drive (CVD) and Victoria Avenue in the 2008-2009 time frame, Village H South had a wonderful presence as open space, and was always appreciated by pedestrians and motorists. A contrast of the view from 2007 to that of 2019 is shown below. Illustration 2: View of Village H South from CVD in about 2007 Illustration 3: Approximately the same view in November 2019 Removing the black steel fence would immediately restore the enjoyment of the Village H South open space. When fencing for the revised off-leash dog area is built, it should be place below the line of sight of motorists on CVD. An indication of where that new fencing might go is included in the four annotated photographs shown on the fo llowing pages. The indications in the following photographs are approximate. For a better, fuller sense of the revised off-leash area being proposed here, please refer to the full size, modified City graphic included as an attachment. Photographs indicating the approximate locations of the dog security fencing, second access gate to the off-leash dog area, the regular City connector trail, and access ramps to the gate and trail from CVD. Illustration 4: View Looking NE from current access gate. Illustration 5: View Looking approximately west from Carlsbad Village Drive Illustration 6: View to north showing new security fence and city connector trail Locations. The second, do uble gate (allows hook-up of dog from leash without danger of escape to trail) will overcome the many years habit of historic trail users cutting through the habitat area. Giving them an easy way to do the right thing (use the proposed access ramps, and second gate) will prevent them from doing the wrong thing and cutting through the habitat. These few changes could ensure a secure, segregated, area for off-leash dogs, accommodate the des ired Parks & Rec connector trail, increase the habitat area, and increase the general public enjoyment of the Village H South open space. -------~ ----- VILLAGE H SOUTH -PUBLIC INPUT OPTION 3 MODIFIED GRAPHIC BY LONNIE SMITH 11/22/2019 BASED ON CITY OPTION #3 VILLAGE H MAP ,~ Half-mile historic use trail that must be opened for public use as a city trail under the terms of a legal settlement agreement. City trails do not allow dogs off leash. C:J Sensitive habitat outside preserve area c:::J Habitat preserve area with restricted use Additional habitat preserve with restricted use CJ Off leash dog area -Proposed trail connection to Tamarack Avenue A Village H South property boundary ~ Security fence keeping dogs within off leash City Utility Property Kyle Lancaster, Parks & Recreation Director Tim Selke, Parks Services Manager Kasia Trojanowska, Parks Planning Manager Dec. 10, 2019 Results of Public Outreach/Involvement For a Potential Off Leach Dog Area Within the Village H South Property Recommended Action Receive a presentation on the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to this property Background •On April 23, 2019, City Council received a report on public outreach process and restrictions on the Village H trail –City Council directed staff to initiate public outreach to engage residents in the development of a plan to integrate an off-leash dog run as part of Village H Background •Staff was directed to commence the public outreach over the subsequent 90 days and to include public noticing within 600 feet of the Village H property Background •Outreach was to engage and incorporate resident input about how best to integrate an off-leash dog run, not to simply offer staff prepared options for residents to select –Staff was directed to return to City Council in fall with public and staff recommendations for consideration Public Outreach and Involvement •To ensure the city considered input from a broad range of stakeholders, staff conducted the following activities: –Posted signs at site about property ownership change –Posted signs at site about public meeting and survey –Sent direct mailing to area residents about the above Public Outreach and Involvement •On June 29, 2019, staff held a public workshop at Calavera Hills Community Center that provided an opportunity for community members to share their needs, values and priorities related to the potential use of the site –Attended by approximately 100 community members Public Outreach and Involvement •From July 5 through July 28, 2019, staff administered an online survey which sought public input in a similar manner to that of the public workshop –The online survey received over 500 respondents Public Workshop •Community members invited to brainstorm ideas, identify potential constraints and mock up possible concepts •Staff provided a brief history of the site, along with an overview of the present opportunities and constraints –Settlement agreement requirements and preserve area Online Survey •Offered an opportunity for members of the public to provide input at a time convenient to them •Topic areas identified at the public workshop helped inform the questions on the online survey Online Survey •Question 3, respondents ranked several statements about Village H in order of importance, as follows: •83%-Experience and enjoy nature •77%-Protection of wildlife •57%-Socialize with neighbors •53%-Exercise with my dog on a leash •49%-Exercise with my dog off leash •48%-Exercise/socialize my dog off leash Mocked Up Concepts •Participants of workshop mocked up a total of 12 aerial images of the property -one image per small group –Staff subsequently reviewed the images for commonalities or consistencies and was able to decipher four themes (i.e., options) from those images Input Option 1 Input Option 2 /; ,,,..--~,_~-'-'r~'-------➔= VILLAGE H MAP ~ Half-mile historic use trail that must be opened for public use as a city trail under the terms of a legal settlement agreement. Cltytrails do not allow dogs off leash. D Sensitive habitat outside preserve area D Habitat preserve area with restricted use Additional habitat preserve with restricted use D Off leash dog area -Parking lot Input Option 3 HMAP ~ Half-mile historic use trail that must be opened for public use as a city trail under the terms of a legal settlement agreement. City trails do not allow dogs off leash. D Sensitive habitat outside preserve area D Habitat preserve area with restricted use Additional habitat preserve with restricted use D Off leash dog area Input Option 4 /; /-"=~--"-'------"<~ VILLAGE H MAP ~ Half-mile historic use trail that must be opened for public use as a city trail under the terms of a legal settlement agreement. City trails do not allow dogs off leash. D Sensitive habitat outside preserve area D Habitat preserve area with restricted use Additional habitat preserve with restricted use D Off leash dog area Public Input Options •1 through 3 are legally infeasible based on requirements of the current settlement agreement (city’s obligations to provide public access to the historic public use trail and use best efforts to implement the Trails Master Plan) •1 and 3 are inconsistent with Habitat Management Plan Public Input Options •Amending the settlement agreement does not appear possible as Preserve Calavera opposes these options •Amending the city’s HMP is additionally subject to review and approval by the wildlife agencies Public Input Options •4 does not violate the settlement agreement or infringe into HMP preserve areas, however it is anticipated to block wildlife movement through the entire parcel –Further study would be necessary to fully assess the impacts of this option on wildlife movement Opportunities and Constraints •Staff also drafted a conceptual plan, which attempted to maximize the opportunities and minimize the constraints •A listing of each option’s opportunities and constraints is reflected in the exhibits and is additionally reflected for Public Input Option 4 and the Staff Option in staff report Staff Option -VILLAGE H MAP ~ Half-mile historic use trail that must be opened for public use as a city trail under the terms of a legal settlement agreement. City trails do not allow dogs off leash. D Sensitive habitat outside preserve area D Habitat preserve area with restricted use Additional habitat preserve with restricted use D Off leash dog area -Parking lot Staff Option •Meets requirements of current settlement agreement –Provides public access to historic public use trail and uses best efforts to implement the Trails Master Plan •Is consistent with Habitat Management Plan –Off leash dog area does not encroach upon preserve Preserve Calavera •Was a party to legal settlement agreement that ultimately led to the transfer of the deed for the Village H Property •Remains the entity that was granted discretionary rights to enforce the restrictive covenants on the Village H Property Preserve Calavera •On Oct. 31, 2019, staff met with its’ board members –Board members expressed concerns regarding each of the options’ potential impacts to the wildlife movement –Staff advised that a consultant environmental firm was engaged by city to conduct a wildlife movement study Wildlife Movement Study •Monitoring of the wildlife movement is continuing •The initial wildlife movement study has been posted to the city’s Village H webpage Public Input Report •On Nov. 13, 2019, public input report/appendices, and conceptual plan options –with their opportunities and constraints, were posted to the city’s Village H webpage •On Nov. 14, 2019, email notification of the webpage postings sent to workshop and online survey participants Next Steps •City Council may provide direction to staff on next steps –Further environmental studies –including wildlife movement monitoring -would be required as part of the planning and permitting process associated with an off leash dog area within the southern section Next Steps •Should City Council direct staff to pursue Public Input Option 4 or the Staff Option, staff would return to City Council in early 2020 with a request for approval of a Capital Improvement Program Project Charter and an appropriation of funds for associated project activities Recommended Action Receive a presentation on the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to this property Questions? Existing UseVILLAGE H MAP ~ Half•mile historic use trail that must be opened for publfc use as a city trall under the terms of a legal settlement agreement City trails do not allow dogs off leash. Habitat preserve area with restricted use. Sensitive habitat outside preserve area. Site formerly planned for a community facility, which has already been disturbed {graded) . .,___.. Possible paths used by wildlife to move through the area. Actual travel patterns are currently being studied and documented. Proposed trail connection to Tamarack Avenue Village H South property boundary