HomeMy WebLinkAbout2020-04-07; City Council; ; Introduction and adoption of an urgency ordinance establishing no parking zones on Carlsbad Boulevard, Ponto Drive and Ponto RoadCA Review RK
Meeting Date: April 7, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Paz Gomez, Deputy City Manager, Public Works
Paz.gomez@carlsbadca.gov, 760-602-2751
Ron Kemp, Assistant City Attorney
Ronald.kemp@carlsbadca.gov, 760-434-2891
Subject: Introduction and adoption of an urgency ordinance establishing no
parking zones on Carlsbad Boulevard, Ponto Drive and Ponto Road
Recommended Action
Introduce and adopt an urgency ordinance establishing no parking zones on Carlsbad
Boulevard, Ponto Drive and Ponto Road, in the areas detailed below.
Executive Summary
On March 16, 2020, the Director of Emergency Services signed a Proclamation of Local
Emergency as a result of the spread of COVID-19. The City Council ratified this proclamation on
March 17, 2020, and adopted the findings and determinations made by the director of
emergency services in support of the proclamation. The Proclamation of Local Emergency shall
expire on May 15, 2020 at 5:00 p.m., unless otherwise lawfully extended or terminated earlier
by the City Council.
On April 2, 2020, the director of emergency services ordered the prohibition of parking on:
Carlsbad Boulevard between Pine Avenue to La Costa Avenue
Ponto Drive from Ponto Road to Ponto Drive’s southern terminus
Ponto Road, in its entirety
This urgency ordinance would establish no parking zones on those stretches of city streets, in
both directions of travel. California Government Code Section 8634 allows the City Council, as
the governing body, to make orders and regulations necessary to provide for the protection of
life and property. The City Council is asked to find that there is an emergency necessitating the
immediate adoption of the urgency ordinance.
Discussion
Under Carlsbad Municipal Code Section 6.04.100(A)(6)(a), the director of emergency services is
empowered to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency; however, such rules must be
April 7, 2020 Item #8 Page 1 of 26
confirmed by the City Council. The director of emergency services has been directed and
authorized by the City Council to address any impacts and conditions caused by the spread of
COVID-19.
On March 27, 2020, the San Diego County health officer ordered that, “Government entities
shall enforce social distancing requirements at all beaches and parks; if a government entity is
unable to enforce social distancing at a beach or park, it shall be closed to the public.” This
order was effective on March 29, 2020.
Social distancing requirements are not being followed at Carlsbad beaches. A stated purpose of
the county Public Health Order is to decrease the likelihood that gatherings will attract people
from a broad geographic area and to prevent gatherings of large numbers of people. Creating
these no parking zones would discourage people coming from a broad geographic area from
gathering at the beaches of Carlsbad.
The purpose of the proposed urgency ordinance is to address the imminent health concerns
associated with COVID-19 virus. The urgency ordinance will temporarily establish no parking
zones on these streets:
Carlsbad Boulevard between Pine Avenue to La Costa Avenue
Ponto Drive from Ponto Road to Ponto Drive’s southern terminus
Ponto Road, in its entirety
This ordinance will prohibit parking on both sides of these roadways.
Parking in these areas would constitute a parking violation under Chapter 10.42 of the Carlsbad
Municipal Code.
The urgency ordinance and any corresponding authorizations shall remain in effect until
expiration of the local emergency declared as a result of the spread of COVID-19.
Fiscal Analysis
At this time, the proposed urgency ordinance will have limited fiscal impact.
Next Steps
The urgency ordinance will become effective immediately upon City Council adoption. If it is
approved, staff will immediately post signage to inform the public that parking has been
prohibited in this area.
The director of emergency services will notify the City Council of the expiration of the local
emergency declared as a result of the spread of COVID-19, at which time this ordinance and any
corresponding authorizations will expire.
April 7, 2020 Item #8 Page 2 of 26
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, the proposed urgency ordinance does not
constitute a “project” within the meaning of the California Environmental Quality Act in that it
has no potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
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. Proposed urgency ordinance
2. Carlsbad Municipal Code Section 6.04.100
3. California Health and Safety Code 120295
4. Order of the Health Officer and Emergency Regulations
5. Director of Emergency Services Directive of April 2, 2020
6. Location maps
April 7, 2020 Item #8 Page 3 of 26
ORDINANCE NO. CS-372
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ESTABLISHING A NO PARKING ZONE ON CARLSBAD
BOULEVARD BETWEEN PINE AVENUE AND LA COSTA AVENUE, AND ON
PONTO DRIVE BETWEEN PONTO ROAD AND THE SOUTH TERMINUS, AND
ON PONTO ROAD
Exhibit 1
WHEREAS, on March 16, 2020 the Director of Emergency Services (DES) signed a Proclamation
of Local Emergency as a Result ofthe Spread of COVID-19; and
WHEREAS, the Proclamation of Local Emergency was ratified by the City Council on March 17,
2020 and the City Council adopted the findings and determinations made by the DES in support of the
proclamation; and
WHEREAS, the Proclamation of Local Emergency shall expire on May 15, 2020 at 5:00 p.m.
unless otherwise lawfully extended or terminated earlier by the City Council; and
WHEREAS, the DES has been directed and authorized to address any impacts and conditions
caused by the spread of COVID-19; and
WHEREAS, under Carlsbad Municipal Code Section No. 6.04.l00(A)(G)(a) the DES is empowered
to make and issue rules and regulations on matters reasonably related to the protection of life and
property as affected by such emergency, however such rules must be confirmed by the City Council;
and
WHEREAS, the County Health Officer ordered on March 27, 2020, effective on March 29, 2020,
that "Government entities shall enforce social distancing requirements at all beaches and parks; if a
government entity is unable to enforce social distancing at a beach or park, it shall be closed to the
public."; and
WHEREAS, social distancing requirements are not being followed at Carlsbad beaches; and
WHEREAS, a stated purpose of the County Public Health order is to decrease the likelihood that
gatherings will attract people from a broad geographic area and to prevent gatherings of a large
number of people at a single location; and
WHEREAS, the prohibiting of parking on Carlsbad Boulevard between Pine Avenue and La Costa
Avenue, on Ponto Drive from Ponto Road to the south terminus, and on Ponto Road would discourage
large gatherings of people from a broad geographic area at the beaches of Carlsbad; and
April 7, 2020 Item #8 Page 4 of 26
WHEREAS, on April 2, 2020 the DES ordered the prohibition of parking on Carlsbad Boulevard
between Pine Avenue and La Costa Avenue, on Ponto Drive from Ponto Road to the south terminus,
and on Ponto Road; and
WHEREAS, California Government Code Section No. 8634 allows the City Council, as the
governing body, to make orders and regulations necessary to provide for the protection of life and
property; and
WHEREAS, the City Council finds that there is an emergency necessitating immediate adoption.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct and are each incorporated by reference.
2. That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the addition
of Section 10.40.300 to read as follows:
10.40.300 Parking Restricted on Carlsbad Boulevard between Pine Avenue and La Costa
Avenue, on Ponto Drive from Ponto Road to the south terminus, and on Ponto Road:
There will be no parking on each side of Carlsbad Boulevard from Pine Avenue to La
Costa Avenue, on each side of Ponto Drive from Ponto Road to the south terminus, and
on each side of Ponto Road.
3. This Ordinance shall remain in effect until the expiration of the Local Emergency as a
Result of the Spread of COVID-19. To the extent that it conflicts with Carlsbad Municipal
Code Sections No. 10.40.041 and 10.40.127, this ordinance shall control.
4. The City Council finds and declares that the adoption and implementation of this
Ordinance is an emergency measure required for the immediate preservation of the
public peace, safety, health, and welfare, for the reasons set out herein and pursuant to
Government Code Section No. 36937, and shall take effect immediately upon its
adoption by four-fifths of the City Council.
EFFECTIVE DATE: This Ordinance shall be effective immediately upon its adoption; and the City
Clerk shall certify the adoption of this Ordinance and cause the full text of the Ordinance or a summary
of the Ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
April 7, 2020 Item #8 Page 5 of 26
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of April, 2020, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
y~1Ul&QJL~ iiiO!)
BARBARA ENGLESON, City Clerk U1v
(SEAL)
April 7, 2020 Item #8 Page 6 of 26
4/1/2020 6.04.100 Powers and duties of the director and assistant director of emergency services.
Carlsbad Municipal Code
Up Previous Next· Main Search Print No Frames Title 6 HEALTH AND SANITATION Q@P.ter 6 04 EMERGENCY SERVICES
6.04,100 Powers and duties of the director and assistant director of emergency services.
A. The director is empowered to:
I. Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in sessio,;_ Whenever a local emergency is proclaimed
by the director, the city council shall take action to ratify the proclamation within seven days lher�after or the proclamation shall have no fu,ther force or effect;
2. Request the Governor to proclaim a "state of emergency" when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;
3. Control and direct the effmt of the emergency organization of this city for the accomplishment of the puiposes of this chapter;
4. Direct cooperation between and coordination of se,vices and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may
arise between them;
5. Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein;
6. In the event of U1e proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Se1vices, or the existence of a "state of war emergency," the director is empowered:
a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rnles and regulations must be confinned at the earliest practicable time by the city council,
b. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value
thereof and, ifrequired immediately, to commandeer the same for public use,
c. To require emergency se,vices of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county in which this city is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he or she deems necessa1y in the execution of his or her duties;
such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster se,vice workers,
d. To requisition necessary personnel or material of any city department or agency, and
e. To execute all of his or her ordina,y power as city manager, all of the special powers confen-ed upon him or her by this chapter or by resolution or emergency plan pursuant hereto adopted by the city council, all powers confen-ed upon him or her by any statute, by any agreement approved by the city council, and by any other lawful
authmity.
B. The director of emergency se,vices shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perfonu his or her duties during an emergency. Such order of succession shall be approved by the city council.
C. The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency program of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 1152 § 9, 1972; Ord. 1015 § 5)
View the mobile version.
www.qcode.us/codes/carlsbad/ 1/1
EXHIBIT 2
April 7, 2020 Item #8 Page 7 of 26
4/1/2020
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DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 -122477] ( Division 105 added by Stats. 1995, Ch. 415, Sec.
7.)
PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 -120305] ( Part 1 added by Stats. 1995,
Ch. 415, Sec. 7.)
CHAPTER 4. Violations [120275 -120305] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7.)
1�• Any person who violates Section 120130 or any section in Chapter 3 (commencing with Section 120175, but excluding Section
120195), is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars
($1,000), or by imprisonment for a term of not more than 90 days, or by both. He or she is guilty of a separate offense for each day
that the violation continued.
(Amended by Stats. 1996, Ch. 1023, Sec. 350.6. Effective September 29, 1996.)
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=120295. 1/1
EXHIBIT 3
April 7, 2020 Item #8 Page 8 of 26
NICK MACCHIONE, FACHE AGENCY DIRECTOR
filounty of �an �ugo
HEAL TH AND HUMAN SERVICES AGENCY
PUBLIC HEAL TH SERVICES
3851 ROSECRANS STREET, MAIL STOP P-578
SAN DIEGO, CA 92110-3134
(619) 531-5800 • FAX (619) 542-4186
ORDER OF THE HEALTH OFFICER
AND EMERGENCY REGULATIONS
(Effective March 29, 2020)
WILMA J. WOOTEN, M.D. PUBLIC HEALTH OFFICER
Pursuant to California Health and Safety Code sections 101040, 120175, and 120175.5 (b) the Health Officer of the County of San Diego (Health Officer) ORDERS AS FOLLOWS:
Effective 12:00 a.m. on Sunday, March 29, 2020, and continuing until further notice, the following will be in effect for San Diego County (county):
1.Executive Order N-33-20 issued by the Governor of the State of California ("ExecutiveOrder") (available at: https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf) ordered allindividuals living in the State of California to stay home or at their place of residence, exceptas needed to maintain continuity of operations of sectors designated in the documentavailable at: http ://covid19.ca.g v/img/EssentialCriticallnfrastructureWorkers.pdf) asupdated by the State Public Health Officer . In conformance with, and where not supersededby the Executive Order, this Order additionally specifies and orders as follows:a.All public or private "gatherings," as defined in section 2 below, are prohibited.b.All bars, adult entertainment establishments, and other business establishments thatserve alcohol and do not serve food shall be and remain closed.c.All restaurants and other business establishments that serve food shall close all on-sitedining. All food served shall be by delivery, or through pick-up or drive thru. Socialdistancing shall be required for persons picking up food on site.d.All gyms and fitness centers shall be and remain closed.
e.All businesses shall enact social distancing, increased sanitation standards, and shallmake every effort to use telecommuting for its workforce. All businesses shallsuspend any policy or procedure requiring doctor verification for sick or other leave
approval.f.Government entities shall enforce social distancing requirements at all beaches andparks; if a government entity is unable to enforce social distancing at a beach or park,it shall be closed to the public.g.All public or private schools, colleges, and universities shall not hold classes or otherschool activities where students gather on the school campus. Parents of school-agedminor children shall take steps to ensure said children are not participating in
EXHIBIT 4
April 7, 2020 Item #8 Page 9 of 26
activities prohibited by this Order, or the Executive Order, and that social distancing
requirements are practiced.
h. Daycare and childcare facilities shall operate under the following conditions: i)
childcare must be carried out in stable groups of 10 or fewer ("stable" means that the
same 10 or fewer children are in the same group each day); ii) children shall not
change from one group to another; iii) if more than one group of children is cared for
at one facility, each group shall be in a separate room; iv) groups shall not mix with
each other; and v) childcare providers shall remain solely with one group of children.
i. A strong recommendation is made that all persons who are 65 years old or older, have
a chronic underlying condition, or have a compromised immune system self-
quarantine themselves at home.j. "Non-essential personnel," as defined in section 2(c) below, are prohibited from entry
into any hospital or long-term care facility. All essential personnel who show any
potential signs or symptoms of COVID-I9 shall be strictly prohibited from entry into
hospitals or long-term care facilities.
k. Hospitals and healthcare providers shall take measures to preserve and prioritize
resources including delaying non-emergent or elective surgeries or procedures where
feasible.
L Hospitals, healthcare providers, and commercial testing laboratories shall report all
COVID-19 test results to the Public Health Officer immediately after such results are
received.
m. All persons aniving in the county from international locations identihed on the
Centers for Disease Control and Prevention (CDC) Warning Level 2 or 3 Travel
Advisory (available at: ) shall be subject to 14-
day home quarantine, selÊmonitoring.n. A strong recommendation is made for persons exhibiting mild to moderate symptoms
of COVID-l9 to self-isolate themselves in their place of residence unless seeking
medical treatment. A guide to symptoms is found here:
2. For purposes of this Order:
a. "Gathering" is any event or convening that brings together 10 or more people in a single
room or single space at the same time, such as an auditorium, stadium, arena, theaher,
church, casino, conference room, meeting hall, cafeteria, or any other indoor or outdoor
space. A gathering does not include:
i. Operations at airports, public transportation or other spaces where l0 or more
persons may be in transit but able to practice social distancing.
ii. Operations at businesses included in the designated sectors referenced in
section I above, where many people are present but are able to practice social
distancing. Nor does it prohibit said businesses from having 10 or more
employees in the same room when able to practice social distancing.
b. "Long term care facility" is a facility serving adults that require assistance with
activities of daily living, including a skilled nursing facility, and that is licensed by the
California Department of CommuniÍy Care and Licensing, or the California
Department of Public Health.
Page 2 of 5
ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
April 7, 2020 Item #8 Page 10 of 26
c. "Non-essential personnel" for the purpose of section 1O above, are employees,
contractors, or members of the public who do not perform treatment, maintenance,
support, or administrative tasks deemed essential to the healthcare mission of the long-
term care facility or hospital. Non-essential personnel do not include first responders,
nor State, federal, or local officials, investigators, or medical personnel carrying out
lawful duties. Entry of visitors to hospitals and long-term care facilities are allowed
upon the approval of the facility's director, or designee, for the purpose of allowing
family and friends to visit a resident such as in an end of life situation, to allow parents
or guardians to visit a child who is a patient, or any other circumstances deemed
appropriate by the facility director, or designee, and where appropriate precautions by
the facility that follow federal, State, and local public health guidance regarding
COVID-19 are followed.
d. "social distancing" is maintaining a six-foot separation from all persons except for
household members and medical providers with the appropriate personal protection
equipment.
3. This Order is issued as a result of the World Health Organization's declaration of a worldwide
pandemic of COVID-l9 disease, also known aS "novel coronavirus."
4. This Order is issued based on scientihc evidence regarding the most effective approaches to
slow the transmission of communicable diseases generally and COVID-19 specihcally, as well
as best practices as currently known and available to protect vulnerable members of the public
from avoidable risk of serious illness or death resulting from exposure to COVID-19. The age,
condition, and health of a significant portion of the population of the county places it at risk
for serious health complications, including death, from COVID-19. Although most individuals
who contract COVID-l9 do not become seriously ill, persons with mild symptoms and
asymptomatic persons with COVID-19 may place other vulnerable members of the public-
such as older adults, and those with underlying health conditions-at significant risk.
5. The actions required by this Order are necessary to reduce the number of individuals who will
be exposed to COVID-I9, and will thereby slow the spread of COVID-l9 in the county. By
reducing the spread of COVID-l9, this Order will help preserve critical and limited healthcare
capacity in the county and will save lives.
6. This Order is issued in accordance with, and incorporates by reference: a) the Declaration of
Local Health Emergency issued by the Health Officer on February 14, 2020; b) the
Proclamation of Local Emergency issued by the County Director of Emergency Services on
February 14, 2020; c) the action of the County Board of Supervisors to rati$r and continue
both the local health emergency and local emergency on February 19, 2020; d) the
Proclamation of a State of Emergency issued by the Governor of the State of California on
March 4,2020; e) Executive Order N-25-20 issued by the Governor of the State of California
on March 12, 2020 which orders that "All residents are to heed any orders and guidance of
state and local health officials, including but not limited to the imposition of social distancing
measures, to control COVID-I9"; Ð Proclamation 9984 regarding COVID-l9 issued by the
Page 3 of5
ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
April 7, 2020 Item #8 Page 11 of 26
President of the United States on March 11,2020; and g) Executive Order N-33-20 issued by
the Governor of the State of California on March 19,2020.
7. This Order is issued to prevent circumstances often present in gatherings that may exacerbate
thespreadofCOVID-19,suchas:1)theincreasedlikelihoodthatgatheringswillattractpeople
from a broad geographic arca;2) the prolonged time period in which large numbers of people
are in close proximity; 3) the difficulty in tracing exposure when large numbers of people
attend a single event or are at a single location; and 4) the inability to ensure that such persons
follow adequate hygienic practices.
8. This Order comes after the release of substantial guidance from the Health Officer, the
California Department of Public Health, the CDC, and other public health officials throughout
the United States and around the world.
9. This Order comes after the CDC issued: "Interim Additional Guidance for Infection
Prevention and Control for Patients with Suspected or Confirmed COVID-I9 in Nursing
Homes."
l0.Pursuant to Health and Safety Code section 120175.5 (b) all governmental entities in the
county shall take necessary measures within the governmental entity's control to ensure
compliance with this Order and to disseminate this Order to venues or locations within the
entity's jurisdiction where gatherings may occur.
I 1. Violation of this Order is subject to fine, imprisonment, or both. (California Health and Safety
Code section 120295.)
l2.To the extent necessary, this Order may be enforced by the Sheriff or chiefs ofpolice pursuant
to Government Code sections 26602 and 41601 and Health and Safety Code section 101029.
13. Once this Order takes effect it shall supersede the Amended Order of the Health Officer and
Emergency Regulations dated March 16,2020 and subsequent addenda.
IS SO ORDERED:
Date: March 27,2020
J.M.D., M.P.
Public Health Officer
County of San Diego
Page 4 of 5
ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
April 7, 2020 Item #8 Page 12 of 26
EMERGENCY REGULATIONS
As Director of Emergency Services for the County of San Diego, I am authoúzed to promulgate
regulations for the protection of life and property pursuant to Government Code Section 8634
and San Diego County Code section 3 1 . 103. The following shall be in effect for the duration of
the Health Officer Order issued above which is incorporated in its entirety by reference:
The Health Officer Order shall be promulgated as a regulation for the protection of life
and property.
Any person who violates or who refuses or willfully neglects to obey this regulation is subject to
hne, imprisonment, or both. (Government Code section 8665.)
Date: March 27,2020
Helen Robbins-Meyer
Chief Administratrve
Director of Emergency Services
County of San Diego
Page 5 of5
ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
April 7, 2020 Item #8 Page 13 of 26
From: Scott Chadwick
Sent: Thursday, April 02, 2020 2:52 PM
To: Gary Barberio <Gary.Barberio@carlsbadca.gov>; Tracy Ritzer <tracy.ritzer@carlsbadca.gov>; Geoff
Patnoe <Geoff.Patnoe@carlsbadca.gov>; Kristina Ray <Kristina.Ray@carlsbadca.gov>; Jason Haber
<Jason.Haber@carlsbadca.gov>; Michael Calderwood <Michael.Calderwood@carlsbadca.gov>; Kyle
Lancaster <Kyle.Lancaster@carlsbadca.gov>; Paz Gomez <Paz.Gomez@carlsbadca.gov>; Laura Rocha
<Laura.Rocha@carlsbadca.gov>; Celia Brewer <Celia.Brewer@carlsbadca.gov>
Subject: Enforcement of Social Distancing
Consistent with my authority as the City’s Director of Emergency Services (CMC 6.04.100), and
consistent with the authority granted to me by Carlsbad City Council on March 24, I am directing staff
to temporarily prohibit the parking of any vehicles on Carlsbad Blvd, from Pine to La Costa area; Ponto
Drive from the south terminus to Ponto Road; and the entirety of Ponto Road. This action is being
taken to mitigate the spread of COVID-19 consistent with the order of the Governor and the County Health Officer by discouraging gatherings greater than 10 that do not comply with physical distancing
requirements. Previous attempts to achieve compliance have proven unsuccessful. As such, this action
must be taken. Additionally, we will be docketing for City Council’s consideration, at the next regularly
scheduled council meeting, an ordinance which would ratify this directive. Any violation of this order
constitutes a parking violation under Chapter 10.42 of the Carlsbad Municipal Code.
Scott Chadwick
City Manager
City of Carlsbad
Sent from my iPad
EXHIBIT 5
April 7, 2020 Item #8 Page 14 of 26
Location Map –Urgency Ordinance NO PARKING Zone
1 -Carlsbad Boulevard between Cherry Ave and Hemlock Ave Exhibit 6April 7, 2020 Item #8 Page 15 of 26
Location Map –Urgency Ordinance NO PARKING Zone
2 -Carlsbad Boulevard between Agua Hedionda Bridge and Tower 32
Agua Hedionda
Lagoon
April 7, 2020 Item #8 Page 16 of 26
Location Map –Urgency Ordinance NO PARKING Zone
3 -Carlsbad Boulevard between Tower 32 and Power Plant
Agua Hedionda
Lagoon
April 7, 2020 Item #8 Page 17 of 26
Location Map –Urgency Ordinance NO PARKING Zone
4 -Carlsbad Boulevard between Power Plant and Tierra Del Oro
Power
Plant
April 7, 2020 Item #8 Page 18 of 26
Location Map –Urgency Ordinance NO PARKING Zone
5 -Carlsbad Boulevard between Cannon Rd and Cerezo Dr (Both Sides)
April 7, 2020 Item #8 Page 19 of 26
Location Map –Urgency Ordinance NO PARKING Zone
6 -Carlsbad Boulevard between Cerezo Dr and PAR
April 7, 2020 Item #8 Page 20 of 26
Location Map –Urgency Ordinance NO PARKING Zone
7 -Carlsbad Boulevard at PAR
April 7, 2020 Item #8 Page 21 of 26
Location Map –Urgency Ordinance NO PARKING Zone
8 -Carlsbad Boulevard at Solamar Dr
April 7, 2020 Item #8 Page 22 of 26
Location Map –Urgency Ordinance NO PARKING Zone
9 -Carlsbad Boulevard at Avenida Encinas
April 7, 2020 Item #8 Page 23 of 26
Location Map –Urgency Ordinance NO PARKING Zone
10 -Carlsbad Boulevard north of Batiquitos Lagoon bridge
Batiquitos
Lagoon
April 7, 2020 Item #8 Page 24 of 26
Location Map –Urgency Ordinance NO PARKING Zone
11 –Ponto Road
(Parking Already Prohibited)April 7, 2020 Item #8 Page 25 of 26
Location Map –Urgency Ordinance NO PARKING Zone
12 –Ponto Drive from Avenida Encinas to Ponto Road
April 7, 2020 Item #8 Page 26 of 26
Sheila Cobian
From:
Sent:
To:
Subject:
Hello,
co mcg
Friday, April 03, 2020 5:01 PM
City Clerk
Residential Parking "Permits" for Carlsbad Blvd
I reside in the 5100 block of Carlsbad Blvd.
All Receive -Agenda Item # 8
For the Information ofth;-
~JTY COUNCIL
Date ~CA V ee V
CM ___0"CM _vD"CM (3f ~
I believe closing the street parking to non residents was an important decision made by the city.
However, I request the consideration of creating a permit for residents of Carlsbad Blvd, that can easily be seen by any
authority patrolling the area.
As you know, when the marathon comes to town, we the residents, comply with not parking. This is different, we don 't
have a concrete timeline as to when this decision will be changed.
Please consider creating a permit for local residents who park in front of their homes. By having our cars in random
places, requ ires us to leave our homes to move them around. ·
Thank you for your time.
Corina McGraw
CAUTION: Do not open attachments or click on links unless you recognize th e sender and know the content
is safe.
1
Sheila Cobian
From: City Clerk
Sent: Monday, April 06, 2020 7:57 AM
To: Sheila Cobian; Tammy Cloud-McMinn; Mia De Marzo
Subject: FW: Item for discussion during City Council meeting Tuesday, April 7
-----Original Message-----
From: Patricia Brown-Goldojarb
Sent: Sunday, April 5, 2020 8:48 PM
To: City Clerk <Clerk@carlsbadca.gov>
Subject: Item for discussion during City Council meeting Tuesday, April 7
All Receive -Agenda Item# ii
For the Information of the:
. <;:ITY COUNCIL
Date ~CA ✓cc .....,...--
CM ~CM V"OCM (3) ~
I would like to have this email read into the record during the City Council meeting on April 7, 2020 ..
To the Carlsbad City Council:
This email addresses a very vivid example of UNINTENDED CONSEQUENCES that are occurring as a direct
result of the No Parking Zone that has been implemented along miles of Carlsbad Boulevard. I completely
understand the intention of that restriction and am fully in favor of it, as it will certainly help to enforce social
distancing required to stem the tide of the Corona virus pandemic. However, the restriction has had a
HUGELY negative, and perhaps even DEADLY effect on coastal neighborhoods such as Terramar, where I live.
When you disallow parking in one place, it force-relocates those vehicles to another nearby area. That is
exactly what has happened. Since people can't park on Carlsbad Blvd. (Coast Hwy) anymore, they are simply
migrating one block east and parking here instead. Now, in front of our house, perhaps 20 feet from our front
door, are vehicles filled with people that we do not know. Those people still want to be able to wa lk, run or
bike along the coast. so this has become their staging area for those ~ctivities. Often, they are young people
who are gathering with friends, NOT observing separation guidelines, and are lingering by their vehicles both
before and after their exercise activities. It means that I am now TRAPPED in my house.
What I would propose is a parking sticker for EACH TerraMar resident that would go on our respective
vehicles. Any vehicle parked on the street WITHOUT a sticker would be towed. I am aware that our street is a
public street and would normally be available for public parking. But these are far from "normal" times.
Carlsbad Blvd. is ALSO a public street, but is now closed to all parking because of public health concerns. So
1
let's not migrate the public health crisis away from Coast Highway, only to move it instead to my
neighborhood, or any other coastal neighborhood that is within walking distance to Coast Highway. This could
have deadly implications and must be addressed immediately. Please DON'T DELAY .... literally, lives are at
stake.
Thank you ....
Patty and Brian Goldojarb
Terramar
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2
Sheila Cobian
Subject: FW: Agenda Item #8 (4/7 /20 City Council Meeting)
From: Arie S
Sent: Tuesday, April 7, 2020 3:34 PM
To: City Clerk <C lerk @carlsbadca.gov>
Subject: Agenda Item #8 {4/7 /20 City Council Meeting}
Dear Hon. Mayor Hall and Council,
All Receive -Agenda Ite m # 8
For the Information of th;-
. L.Ht\' COUNCIJc
Dat~cA V cc~
CM_ACM "--'DCM (3)-
I have lived in Carlsbad since 2007 and have called North County home since 1994. I am writing today in opposition to
the adoption of an Urgency Ordinance to ban vehicles from parking along the coast in Carlsbad (Agenda Item No. 8).
I appreciate and understand the city's efforts to control the spread of COVID-19 and encourage its citizens and visitors to
engage in social distancing. For the most part, the city's efforts appear to be working. There are very few cars on the
road and I have not observed any groups of people congregating outdoors in close proximity. When I last went to the
beach, a couple of weeks ago, the large majority of beach goers were walking in smaUgroupswhile observing more than
6 feet of distance between strangers. People were not hanging out and congregating in close proximity.
I am concerned that the city's latest efforts to prevent people from enjoying a little respite from the confines of their
homes are taking its police powers to an extreme and dangerous level. I would like to understand whether, and how
often, the city has found people who aren't in the same family unit congregating together while sitting in their cars along
the coast. Are vehicles parking less than 6 feet away from each other, and are occupants opening their windows to lean
out and talk to or touch occupants of the vehicle next to them? If not, the council cannot make the findings to justify a
determination that a complete ban on vehicular parking along the coast is necessary to protect the health and welfare of
the community.
We are all scared of what may happen if COVID-19 gets out of control. However, we cannot allow our fear to justify the
city's imposition of draconian measures to control its citizens. We need you, as our council, to keep a level head and
take only reasonable action to prevent the spread of the virus without taking every single joy away from the citizens of
our community.
You can trust your constituents to engage in social distancing while continuing to afford us the opportunity (or the
privilege) to park our cars near the ocean where we can sit and daydream of carefree days at the beach. The city has
already closed its beaches, its parks and its trails. It doesn't need to also close all views to the ocean. An ocean view
provides a much needed escape from this strange new reality. Let us continue to park near it and enjoy it. We need it,
for our collective mental health.
Thank you,
Arie Spangler
Carlsbad, CA 92009
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1
Introduction and Adoption of an Urgency Ordinance
Establishing No Parking Zones on Carlsbad
Boulevard, Ponto Drive and Ponto Road
Paz Gomez, Deputy City Manager, Public Works
Ron Kemp, Assistant City Attorney
April 7, 2020
1
Recommended Action
•Introduce and adopt an urgency ordinance
establishing no parking zones on both sides of
Carlsbad Boulevard between Pine Avenue and La
Costa Avenue, Ponto Drive between Ponto Road
and southern terminus, and Ponto Road
2
Background
•March 16, 2020 –Director of Emergency Services (DES) signed a Proclamation of Local Emergency as a result of the spread of novel coronavirus (COVID-19)
•March 17, 2020 –City Council ratified this proclamation and adopted the findings and determinations made by DES in support of the proclamation
•May 15, 2020, 5:00 p.m. –Proclamation of Local Emergency shall expire unless otherwise lawfully extended or terminated earlier by City Council
3
DES Directive
•April 2, 2020 –DES ordered the prohibition of parking on
both sides of:
–Carlsbad Boulevard between Pine Avenue and La Costa Avenue
–Ponto Drive from Ponto Road to Ponto Drive’s southern terminus
–Ponto Road, in its entirety
4
DES Authority
•Carlsbad Municipal Code Section 6.04.100(A)(6)(a)
–DES is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency
–Such rules must be confirmed by City Council
•DES has been directed and authorized by City Council to address any impacts and conditions caused by the spread of COVID-19
5
County Health Order
•March 27, 2020 –San Diego County Health Officer ordered that
–“Government entities shall enforce social distancing requirements at all beaches and parks; if a government entity is unable to enforce social distancing at a beach or park, it shall be closed to the public.”
–Order was effective on March 29, 2020
•April 3, 2020 –San Diego County Health Officer amended the order by adding
–“Boating for recreational purposes, watersports or swimming, are prohibited on or in public waterways and at beaches.”
–Addendum was effective on April 4, 2020
6
Social or Physical Distancing
•Social or physical distancing requirements (6-foot distance) are not being followed at Carlsbad beaches
•Purpose of county Public Health Order is to decrease the likelihood that gatherings will attract people from a broad geographic area and to prevent gatherings of large numbers of people
•Creating these no parking zones would accomplish that at the beaches of Carlsbad
7
Next Steps
•Urgency ordinance will become effective immediately
upon City Council adoption
•DES will notify City Council of expiration of the local
emergency declared as a result of the spread of
COVID-19, at which time this ordinance and any
corresponding authorizations will expire
8
Recommended Action
•Introduce and adopt an urgency ordinance
establishing no parking zones on both sides of
Carlsbad Boulevard between Pine Avenue and La
Costa Avenue, Ponto Drive between Ponto Road
and south terminus, and Ponto Road
9
Thank you
10
Location Map –Urgency Ordinance NO PARKING Zone
1 -Carlsbad Boulevard between Cherry Ave and Hemlock
Ave
Location Map –Urgency Ordinance NO PARKING Zone
2 -Carlsbad Boulevard between Agua Hedionda Bridge and Tower 32
Agua HediondaLagoon
Location Map –Urgency Ordinance NO PARKING Zone
3 -Carlsbad Boulevard between Tower 32 and Power Plant
Agua HediondaLagoon
Location Map –Urgency Ordinance NO PARKING Zone
4 -Carlsbad Boulevard between Power Plant and Tierra Del Oro
PowerPlant
Location Map –Urgency Ordinance NO PARKING Zone
5 -Carlsbad Boulevard between Cannon Rd and Cerezo Dr (Both Sides)
Location Map –Urgency Ordinance NO PARKING Zone
6 -Carlsbad Boulevard between Cerezo Dr and PAR
Location Map –Urgency Ordinance NO PARKING Zone
7 -Carlsbad Boulevard at PAR
Location Map –Urgency Ordinance NO PARKING Zone
8 -Carlsbad Boulevard at Solamar Dr
Location Map –Urgency Ordinance NO PARKING Zone
9 -Carlsbad Boulevard at Avenida Encinas
Location Map –Urgency Ordinance NO PARKING Zone
10 -Carlsbad Boulevard north of Batiquitos Lagoon bridge
BatiquitosLagoon
Location Map –Urgency Ordinance NO PARKING Zone
11 –Ponto Road
(Parking Already Prohibited)
Location Map –Urgency Ordinance NO PARKING Zone
12 –Ponto Drive from Avenida Encinas to Ponto Road