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Home My WebLink About2021-01-05; City Council; ; Administrative Enforcement of Public Health OrdersMeeting Date: Jan. 5, 2021 To: Mayor and City Council From: Celia Brewer, City Attorney Scott Chadwick, City Manager Staff Contact: Cindie McMahon, Assistant City Attorney cindie.mcmahon@carlsbadca.gov, 760-434-2891 Allegra Frost, Deputy City Attorney allegra.frost@carlsbad.ca, 760-573-1125 Subject: Administrative Enforcement of Public Health Orders District: Citywide Recommended Action Consider a request from Councilmember Schumacher to adopt a resolution under the city’s emergency powers for increased enforcement of the public health orders, including administrative citations and fines. Executive Summary On Dec. 26, 2020, Councilmember Schumacher submitted a written request for a special City Council meeting to discuss the adoption of a resolution under the city's emergency powers for increased enforcement of the public health orders, including administrative citations and fines. That request is attached as Exhibit 3. The councilmember further requested that the staff report titled Facial Covering Requirements and Enhanced Enforcement of the County Health Order presented at the City Council’s regular meeting on Sept. 22, 2020, be used as the agenda item for the special meeting, with appropriate edits as recommended by staff. That report is attached as Exhibit 4. The city manager called this special meeting of the City Council under the authority provided by Carlsbad Municipal Code Section 1.20.020(B). Discussion Background Since the beginning of the COVID-19 pandemic, the City of Carlsbad and the people who live, work, and visit here have been required to follow state and county public health orders intended to reduce the spread of this novel coronavirus. Because of a recent surge in COVID-19 cases and the resulting strain on healthcare resources, the currently applicable public health orders sharply curtail in-person gatherings, non-essential personal and business activities and CA Review: CKM Jan. 5, 2021 Item #1 Page 1 of 328 non-essential travel. The public health orders also mandate, with some exceptions, that individuals possess and use face coverings when they leave their homes.1 While many individuals, businesses, and organizations are complying with the public health orders, some are not. For those individuals, businesses, and organizations not complying, the city has devoted significant resources to educating them about the importance of compliance and assisting them in following the protocols. Examples of the city’s education efforts include the City Manager’s Update, the “Stay Safe, Stay Open” campaign, extra police patrols along Carlsbad Blvd. in the Village, the distribution of more than 200,000 face coverings, and the placement of signs and banners around the city to encourage social distancing and the use of face coverings. Examples of the city’s assistance efforts include the temporary modification of land development standards and the waiver of permit fees to allow businesses and organizations to activate outdoor spaces for their operations. Despite the city’s education and assistance efforts, some individuals, businesses, and organizations have continued to fail to comply with the public health orders, necessitating criminal enforcement. Criminal enforcement Under state law, violations of public health orders are criminal misdemeanors punishable by a fine, imprisonment, or both. Like any person accused of a crime, a person accused of violating a public health order is entitled to a presumption of innocence and sometimes to a publicly funded defense attorney. Before the person may be punished for the violation, a prosecutor must prove to a 12-person jury beyond a reasonable doubt that the person committed the violation. Proof beyond a reasonable doubt requires the prosecutor to overcome any defenses the person may have, including that the public health order is invalid or inapplicable to the person. Consequently, a criminal case against someone for violating a public health order must be carefully prepared, even if it may seem obvious the violation occurred. The preparation process begins with Police Department documenting and investigating all reports of public health order violations received from city departments, 211 San Diego, the county’s Safe Reopening Compliance Team, and the public. The Police Department also meets weekly with the county’s District Attorney’s Office, Safe Reopening Compliance Team and the county Sheriff’s Department to discuss willful violators and to coordinate the county’s issuance of cease and desist orders against businesses and organizations violating the public health orders. As of Dec. 30, 2020, the county has issued 28 cease and desist orders against Carlsbad businesses and organizations. If a business or organization continues to violate the public health orders after the county issues a cease and desist order, the Police Department collects evidence of and prepares a report detailing the business’s or organization’s unlawful activity, which the Police Department submits to the county District Attorney’s Office to review for potential prosecution. To date, the Police Department has referred nine such cases to the District Attorney’s Office. The District Attorney’s Office then determines, in its sole discretion, whether to file a criminal case against the business or organization, or any operator of the business or organization. Thus far, the District Attorney’s Office has not filed any criminal cases against any Carlsbad 1 Links to the public health orders are posted on the city’s website at https://cityadmin.carlsbadca.gov/services/depts/fire/emergency/rules.asp Jan. 5, 2021 Item #1 Page 2 of 328 businesses or organizations. However, even if the District Attorney’s Office were to do so, the case may not be concluded until after the pandemic ends because the local courts have large backlogs of pending criminal cases. Administrative enforcement option Another possible enforcement option is administrative enforcement. The City Council has previously considered this option. More particularly, •On July 14, 2020, the City Council approved a minute motion that directed staff to provide the council with administrative enforcement options for obtaining compliance with the state and county public health orders requiring people to wear facial coverings in certain situations. (Video: Council Commentary and Request for Consideration of Matters - carlsbadca.swagit.com/play/07152020-715) •On July 28, 2020, staff returned to the City Council with a resolution that would have allowed for the administrative enforcement of the San Diego County public health order, including the face-covering requirements (Exhibit 5). The council vote on administrative enforcement resulted in a tied vote. However, the City Council approved a minute motion directing staff to draft a Carlsbad-specific face covering ordinance that included time, place and manner restrictions on boardwalks, staircases, gatherings and businesses. (Video: Item #11 - carlsbadca.swagit.com/play/07282020-975) •On Sept. 22, 2020, staff returned to the City Council with a resolution that would require people to wear facial coverings on beach boardwalks and staircases on Fridays, Saturdays, Sundays and holidays from sunrise to sunset (Exhibit 4). Staff was uncertain what additional face-covering-related requirements the City Council intended to impose on businesses or gatherings and requested City Council direction. Staff also presented an option to appropriate $69,210.24 for the hourly equivalent of two additional police officers to patrol the beach boardwalk area to provide enhanced education and enforcement of the San Diego County public health order’s face covering requirements. The City Council voted to approve the appropriation of funds for these additional patrols. (Video: Item #3 - carlsbadca.swagit.com/play/09222020-1514) The administrative enforcement option was explained in detail in the July 28, 2020, staff report attached as Exhibit 5. Briefly, this option allows code enforcement officers to issue administrative citations for violations of public health orders under Chapter 1.10 of the Carlsbad Municipal Code. To use this option, the City Council would need to adopt an emergency order requiring individuals, businesses, and organization within Carlsbad to comply with the public health orders (Exhibit 1). A violation of the emergency order would be a violation of Carlsbad Municipal Code Section 6.04.130, which would be enforceable under the administrative enforcement procedures in Chapter 1.10 of the Carlsbad Municipal Code. If the City Council adopts this option, the penalties for an administrative citation would be $100 for the first violation, $200 for a second violation committed within one year of the first violation, and $500 for a third violation or subsequent violations committed within a year of the first violation.2 The city contracts with a citation processing services vendor to collect the penalties. 2 See Carlsbad Municipal Code § 1.10.100; Gov. Code, §§ 36900, subds. (b)&(d), 53069.4, subd. (a)(1). Jan. 5, 2021 Item #1 Page 3 of 328 Because administrative citations are not criminal in nature, less evidence is required to establish a violation and a violator is not entitled to publicly funded defense attorneys or jury trials. Nonetheless, a violator is entitled to appeal the citation, first to an administrative hearing officer, then to the Superior Court, and then to the Superior Court’s Appellate Division. In some circumstances, the matter may also be transferred to the Court of Appeal for further review by that court and higher-level appellate courts. Because of these appeal rights, a contested administrative citation may take a few months or even a few years to be finally resolved. Since the City Council last considered this option, other cities have adopted this option with varying levels of use. City staff searched for but did not find any research or data on whether administrative enforcement is effective in achieving compliance with public health orders. Additional city-specific face-covering requirements The Sept. 22, 2020, staff report that Councilmember Schumacher requested be used as the agenda item for this special meeting detailed an option to adopt a resolution requiring people to wear facial coverings on beach boardwalks and staircases on Fridays, Saturdays, Sundays and holidays from sunrise to sunset. (The report is attached as Exhibit 4 and the proposed resolution is attached as Exhibit 2.) The resolution would require everyone to wear a face covering along the west side of Carlsbad Boulevard from Pine Avenue to Cannon Road, including the upper and lower seawall, and on all beach access ramps and staircases from the Rue de Chateaux beach access point on Ocean Street to the bridge south of Tamarack Avenue on Fridays, Saturdays, Sundays and holidays, between sunrise and sunset. The only exemptions would be for people who are under the age of 2, who have a medical condition, mental health condition or disability that prevents wearing a face covering, or who are hearing impaired, or communicating with a person who is hearing impaired. If the City Council adopts these additional face covering requirements, the criminal and administrative enforcement options discussed above would apply to violations of the requirements, except that the City Attorney’s Office, rather than the county District Attorney’s Office, would be the prosecuting agency. Recent legal developments Whether pursuing criminal or administrative enforcement of a public health order, the order must be both valid and applicable to the person, business, or organization against whom it is enforced. The validity of a public health order depends on courts upholding the use of emergency police powers to intrude on activities that are otherwise constitutionally protected. Based on the then-existing law, the City Attorney’s Office previously explained that a public health order adopted using emergency police powers must: 1) Bear a real and substantial relationship a public health protection purpose 2) Not be arbitrary or go beyond what is necessary to accomplish the purpose 3) Not plainly and palpably invade any constitutional rights.3 Early in the pandemic, courts applied these standards with considerable deference to public health authorities. 3 See Jacobson v. Commonwealth of Massachusetts (1905) 197 U.S. 11, 26, 38. Jan. 5, 2021 Item #1 Page 4 of 328 However, the U.S. Supreme Court recently issued a decision seeming to indicate that courts should apply the same constitutional standards and the same level of scrutiny to an emergency public health order as courts apply to any other governmental action.4 If so, then the more intrusive a public health order is, the more justification the government must have for the order to be valid, especially against groups and activities with heightened constitutional protection. Within San Diego county, there are pending constitutional challenges to public health orders from at least two groups, religious institutions and restaurants. The federal 9th Circuit Court of Appeals is expected to hear oral argument in a case involving a local church on Jan. 15, 2021. The state Court of Appeal is expected to hear oral argument in a case involving restaurants four days later, on Jan. 19, 2021. Because the courts expedited these appeals, the courts’ decisions could be issued by late January or early February. The courts’ decisions may provide more guidance on the requirements for a public health order to be valid. However, the decisions are also likely to spur additional constitutional challenges to public health orders. Any effort by the city to administratively enforce a challenged public health order will likely draw the city into the legal challenge. Fiscal Analysis If the City Council adopts the administrative enforcement option (Exhibit 1), city staff recommends the city contract with a qualified company to provide code enforcement services because the city’s current code enforcement resources cannot support the increased administrative enforcement activity.5 Additionally, some cities have determined a need to contract for security services to protect code enforcement officers during administrative citation encounters. City staff estimates the cost of the contract code enforcements services to be between $65-$75 an hour and the cost of security services to be between $30-$50 an hour. At least one city using the administrative enforcement option has reported that about 10% of the citations issued are appealed. Under the city’s existing contracts for administrative hearing officer services, the cost of an administrative hearing officer for an administrative hearing is estimated to be between $600 and $1,600. If the workload of the City Attorney’s Office necessitates the use of outside code enforcement counsel for the administrative hearings, the estimated cost of outside counsel’s services would be between $250-$350 an hour. If the administrative citation is appealed to the Superior Court or other higher courts, or if the city is drawn into a legal challenge to the constitutionality of a public health order, the city will incur additional litigation expenses that cannot be reasonably estimated at this time. If the City Council adopts additional city-specific face-covering requirements (Exhibit 2), the city will also incur implementation costs associated with signs, publicity and educational materials. 4 See Roman Catholic Diocese of Brooklyn v. Cuomo (2020) 141 S.Ct. 63, 66-67, 69, 5 Even if the city had sufficient code enforcement resources for the increased administrative enforcement activity, the city would need to provide code enforcement officers with further training on conducting investigative detentions. The city would also need to meet and confer with the Carlsbad City Employees’ Association because of the potential impacts of the increased enforcement activity on the code enforcement officers’ working hours and working conditions. Jan. 5, 2021 Item #1 Page 5 of 328 The additional enforcement and implementation costs will be tracked and recorded as a COVID- 19 expense and will be covered with budget appropriated from the $3 million General Fund reserve previously allocated for COVID-19 expenses. There is approximately $600,000 remaining from the $3 million allocation. When, as here, there is no firm cost estimate, the Finance Department earmarks funds from the $3 million allocation as expenses are incurred. The Finance Department may need to request an additional allocation of funds to pay for COVID-19 expenses if the amount of the additional enforcement and implementation costs cause a need for the fund balance to be replenished. Next Steps If the City Council adopts the administrative enforcement option (Exhibit 1), city staff will begin the process of retaining a qualified contractor to provide code enforcement services to enforce public health orders. Administrative enforcement would become another available method for obtaining compliance with the public health orders. If the City Council adopts additional city-specific face-covering requirements (Exhibit 2), city staff will take the appropriate measures to implement them, such as posting signs and taking other steps to inform the public of the new rules. Environmental Evaluation (CEQA) The action being considered is not a “project” as defined in California Public Resources Code Section 21065 and Title 14, Section 15378(b)(5) of the California Code of Regulations because it involves administrative activities of government that will not result in direct or indirect physical changes in the environment. The action being considered will allow for increased local enforcement authority of state and county public health orders, which on its own accord will not cause a significant environmental impact. As such, under Title 14, Section 15321(a) of California Code of Regulations, this activity is categorically exempt from the California Environmental Quality Act. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 24 hours before the special meeting date and time. Exhibits 1. Administrative enforcement resolution 2. Facial covering requirements resolution 3. December 26, 2020, letter from Council Member Schumacher 4. Sept. 22, 2020, staff report, City of Carlsbad Facial Covering Requirements and Enhanced Enforcement of the County Health Order for Beach Boardwalks, Staircases, Gatherings and Businesses 5. July 28, 2020, staff report, Administrative Enforcement of the Facial Covering Requirements of State and County Public Health Orders 6. Correspondence received as of Jan. 4, 2020 Jan. 5, 2021 Item #1 Page 6 of 328 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN EMERGENCY ORDER REQUIRING ALL INDIVIDUALS, BUSINESSES, AND ORGANIZATIONS IN CARLSBAD TO COMPLY WITH THE STATE AND COUNTY PUBLIC HEALTH ORDERS WHEREAS, international, national, state, and local governmental and public health authorities have declared a public health emergency due to an outbreak of a highly transmittable respiratory disease, referred to as COVID-19; and WHEREAS, the California Department of Public Health currently has in place four public health orders: (1) the Stay Home order issued on March 19, 2020 and modified on May 4, 2020, (2) the Blueprint for a Safer Economy released on Aug. 28, 2020, (3) the Limited Stay Home order issued on Nov. 19, 2020 and supplemented on Dec. 21, 2020, and (4) the Regional Stay Home Order announced on Dec. 3 and supplemented on Dec. 6, 2020 (collectively, state public health orders); and WHEREAS, the health officer of the County of San Diego has in place the “Order of the Health Officer and Emergency Regulations,” which has been periodically updated, most recently effective Dec. 10, 2020 (county public health order); and WHEREAS, links to the current state and county public health orders are available on the city’s website at: https://cityadmin.carlsbadca.gov/services/depts/fire/emergency/rules.asp; and WHEREAS, the current state and county public health orders sharply curtail in-person gatherings, non-essential personal and business activities, and non-essential travel; and WHEREAS, the current state and county public health orders mandate, with some exceptions, that individuals possess and use face coverings when they leave their homes; and WHEREAS, numerous and reputable scientific studies suggest the measures required by the current state and county public health orders, including social distancing, avoidance of public or private gatherings, and the use of cloth face coverings, may help reduce the transmission of COVID-19; and WHEREAS, state law, including California Health & Safety Code Sections 120175.5(b), 120275, 120290, and 120295, requires individuals, businesses and organizations within Carlsbad to comply with the current state and county public health orders; and WHEREAS, the Carlsbad City Council, the Director of Emergency Services, and city staff, Exhibit 1 Jan. 5, 2021 Item #1 Page 7 of 328 including the Carlsbad Police Department, have urged individuals, businesses, and organizations in Carlsbad to follow the current state and county public health orders; and WHEREAS, despite the mandates of state law and the current state and county public health orders, the efforts of the city to urge compliance, and the efforts of law enforcement to encourage voluntary compliance, many individuals, businesses, and organizations within Carlsbad continue to fail to comply with the current state and county public health orders, thereby placing themselves and others at risk of contracting COVID-19; and WHEREAS, COVID-19 continues to rapidly spread throughout the State of California and particularly in San Diego County and the City of Carlsbad, and there is a significant risk of continued widespread transmission of COVID-19 within the County of San Diego and the City of Carlsbad if individuals, businesses, and organizations continue to fail to comply with the current state and county public health orders; and WHEREAS, as of Jan. 2, 2020, the County of San Diego has had a cumulative total of 168,020 and the City of Carlsbad has had a cumulative total of 2,772 confirmed cases of COVID-19; and WHEREAS, California Government Code Section 8634 empowers the city to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and California Health & Safety Code Section 120175.5, subdivision (b), provides that all governmental entities in the county shall take necessary measures within the governmental entity’s control to ensure compliance with the current state and county public health orders; and WHEREAS, the City Council of the City of Carlsbad, California, has determined that is necessary, prudent, and in the interest of public health and safety during the COVID-19 pandemic to allow for enforcement of the current state and county public health orders under the Carlsbad Municipal Code by adopting a local emergency order requiring all individuals, businesses, and organizations within Carlsbad to comply with all current state and county public health orders, as those orders may be modified, updated, supplemented, restated, or replaced from time to time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. All individual, businesses, and organizations within Carlsbad must comply with all current state and county public health orders, as those orders may be modified, Jan. 5, 2021 Item #1 Page 8 of 328 updated, supplemented, restated, or replaced from time to time. 3. A violation of a state or county public health order is a violation of this emergency order and may be enforced under the Carlsbad Municipal Code, including, without limitation, Title 6, Chapter 6.04 and Title 1, Chapter 1.10. 4. The Director of Emergency Services may take any further action necessary and appropriate to carry out the purpose and intent of this emergency order. 5. This emergency order shall remain in effect for the duration of the local COVID-19 pandemic emergency unless terminated earlier by City Council action. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the day of , 2021, by the following vote, to wit: AYES: NAYS: ABSENT: MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Jan. 5, 2021 Item #1 Page 9 of 328 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ISSUING AN EMERGENCY ORDER MANDATING FACE COVERINGS IN CERTAIN HIGH-TRAFFIC PEDESTRIAN AREAS OF THE CITY OF CARLSBAD WHEREAS, international, national, state, and local governmental and public health authorities have declared a public health emergency due to an outbreak of a highly transmittable respiratory disease, referred to as COVID-19; and WHEREAS, the California Department of Public Health currently has in place four public health orders: (1) the Stay Home order issued on March 19, 2020 and modified on May 4, 2020, (2) the Blueprint for a Safer Economy released on Aug. 28, 2020, (3) the Limited Stay Home order issued on Nov. 19, 2020 and supplemented on Dec. 21, 2020, and (4) the Regional Stay Home Order announced on Dec. 3 and supplemented on Dec. 6, 2020 (collectively, state public health orders); and WHEREAS, the health officer of the County of San Diego has in place the “Order of the Health Officer and Emergency Regulations,” which has been periodically updated, most recently effective Dec. 10, 2020 (county public health order); and WHEREAS, links to the current state and county public health orders are available on the city’s website at: https://cityadmin.carlsbadca.gov/services/depts/fire/emergency/rules.asp; and WHEREAS, the current state and county public health orders sharply curtail in-person gatherings, non-essential personal and business activities, and non-essential travel; and WHEREAS, the current state and county public health orders mandate that all individuals in California must wear face coverings when they are outside of the home, unless a specified exemption applies, such as when they are outdoors and maintaining at least 6 feet of social distancing from others not in their household; and WHEREAS, numerous and reputable scientific studies suggest the measures required by the current state and county public health orders, including social distancing, avoidance of public or private gatherings, and the use of cloth face coverings, may help reduce the transmission of COVID- 19; and WHEREAS, state law, including California Health & Safety Code Sections 120175.5(b), 120275, 120290, and 120295, requires individuals, businesses and organizations within Carlsbad to comply Exhibit 2 Jan. 5, 2021 Item #1 Page 10 of 328 with the current state and county public health orders; and WHEREAS, the Carlsbad City Council, the Director of Emergency Services, and city staff, including the Carlsbad Police Department, have urged individuals, businesses, and organizations in Carlsbad to follow the current state and county public health orders; and WHEREAS, despite the mandates of state law and the current state and county public health orders, the efforts of the city to urge compliance, and the efforts of law enforcement to encourage voluntary compliance, many individuals, businesses, and organizations within Carlsbad continue to fail to comply with the current state and county public health orders, thereby placing themselves and others at risk of contracting COVID-19; and WHEREAS, COVID-19 continues to rapidly spread throughout the State of California and particularly in San Diego County and the City of Carlsbad, and there is a significant risk of continued widespread transmission of COVID-19 within the County of San Diego and the City of Carlsbad if individuals, businesses, and organizations continue to fail to comply with the current state and county public health orders; and WHEREAS, as of Jan. 2, 2020, the County of San Diego has had a cumulative total of 168,020 and the City of Carlsbad has had a cumulative total of 2,772 confirmed cases of COVID-19; and WHEREAS, the City of Carlsbad experiences a high volume of pedestrian traffic near the Carlsbad Village beach access areas, making it difficult to continuously maintain adequate social distancing as required by the state and county public health orders, specifically along the westerly sidewalks and walkways of Carlsbad Boulevard, between Pine Avenue and Cannon Road, inclusive of the upper and lower Sea Wall walkways; and WHEREAS, beach access ramps and stairwells located along Carlsbad Boulevard and Ocean Street, between the Ocean Street beach access point located at 2427 Ocean Street and the intersection of Cannon Road, also experience a considerable volume of pedestrian traffic and are narrow in width, many ranging from 4 to 12 feet, such that it is often difficult to maintain adequate social distancing as required by the state and county public health orders; and WHEREAS, the City of Carlsbad experiences a steady but sometimes unpredictably high flow of pedestrian traffic near the above-mentioned beach access areas between the hours of sunrise and Jan. 5, 2021 Item #1 Page 11 of 328 sunset, with the highest volume of pedestrian traffic occurring on Fridays, Saturdays, Sundays, and state and federal holidays; and WHEREAS, California Government Code Section 8634 empowers the city to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and California Health & Safety Code Section 120175.5, subdivision (b), provides that all governmental entities in the county shall take necessary measures within the governmental entity’s control to ensure compliance with the current state and county public health orders; and WHEREAS, the City Council of the City of Carlsbad, California, has determined that is necessary, prudent, and in the interest of public health and safety during the COVID-19 pandemic to adopt and provide for administrative enforcement of a local face covering requirement that is stricter than the requirements in the state and county public health orders. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. All pedestrians, subject to the exceptions outlined in Paragraph 3, must wear a face covering on Fridays, Saturdays, Sundays, and state and federal holidays between the hours of sunrise and sunset while present along the westerly sidewalks and walkways of Carlsbad Boulevard, between Pine Avenue and Cannon Road, inclusive of the upper and lower Sea Wall walkways; and also while using beach access ramps and stairwells located along Carlsbad Boulevard and Ocean Street, between the Rue de Chateaux beach access point located at 2427 Ocean Street and the bridge south of Tamarack Avenue located on Carlsbad Boulevard. 3. The following persons are exempt from this Emergency Order: a. Persons younger than 2 years old; b. Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering, including persons with a medical condition for which wearing a face covering could obstruct breathing; c. Persons who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; or Jan. 5, 2021 Item #1 Page 12 of 328 d. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication. 4. Should the directives of the state or county public health orders conflict with the requirements of this emergency order, or any implementing regulations subsequently adopted by the Director of Emergency Services, the stricter requirements shall apply. 5. A violation of this emergency order may be enforced under the Carlsbad Municipal Code, including, without limitation, Title 6, Chapter 6.04 and Title 1, Chapter 1.10. 6. The Director of Emergency Services may take any further action necessary and appropriate to carry out the purpose and intent of this emergency order. 7. This emergency order shall remain in effect for the duration of the local COVID-19 pandemic emergency unless terminated earlier by City Council action. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Jan. 5, 2021 Item #1 Page 13 of 328 !December 26, 2020 Mayor Matt Hall City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008  Dear Mayor Hall,  RE: Request for a special meeting of the Carlsbad City Council. The number of my constituents who have been reaching out with concerns about those in willful violation of public health orders continues to grow. Two weeks ago, restaurants in the district I represent willfully violated the public health order, leading to 17 cease and desist orders issued by San Diego County between December 10 and December 15 in District 1. According to Carlsbad Municipal Code (CMC) § 1.20.020(B), "special city council meetings may be called by the mayor, a majority of the city council, the city manager or the city attorney." Given Council is not holding a regular council meeting until January 12, 2021, that would allow a Brown Act appropriate action by the majority of Council to call for a special meeting; and given the number of willful violations of county public health orders continue unabated, thus compounding the threat of the COVID crisis to the health and well-being of our community and especially District 1; and given you are the sole elected citywide representative and chair of the Carlsbad City Council with the authority to call a special meeting; I am hereby requesting that you call a special meeting of the Carlsbad City Council within the next two weeks to discuss the adoption of a resolution under the city's emergency powers for increased enforcement of the public health orders inclusive of administrative citations and fines. Council Member Cori Schumacher, District 1 City Hall 1200 Carlsbad Village Drive ⎪ Carlsbad, CA 92008 ⎪ 760-434-2830 t ⎪www.carlsbadca.gov Exhibit 3 Jan. 5, 2021 Item #1 Page 14 of 328 Mayor Hall/Special Meeting Dec. 26, 2020 Page 2 To expedite this action with the least amount of burden to our staff, I am requesting that Agenda Item #3 from September 22, 2020, Regular Meeting of the Council (Facial Covering Requirements and Enhanced Enforcement of the County Health Order) be used as the agenda item for this special meeting, with appropriate edits as our staff recommends. As you know, on September 22, our 4-member Council voted to move forward with a less restrictive alternative option from this agenda item, unanimously approving the appropriation of funds for two additional police officers to patrol and educate in certain areas in District 1. However, this was only after our Council voted 2-2 on other proposed actions that included authorizing the use of administrative citations and fines. Given we now have a newly seated 5-member Council recently made whole by the voters in November 2020, and due to the dynamic nature of the COVID crisis, and the increasing documentation of willful violations of the public health order, it would be prudent to revisit the considerations and guidance from our staff in this agenda item to ensure we are doing our utmost to protect our community during the single greatest public health crisis of our lifetime. Thank you for your consideration and for caring for Carlsbad. Sincerely, Cori Schumacher City Council Member, District 1 Attachment: September 22, 2020 Agenda Item #3 Staff Report cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Council Member Cori Schumacher, District 1 City Hall 1200 Carlsbad Village Drive ⎪ Carlsbad, CA 92008 ⎪ 760-434-2830 t ⎪www.carlsbadca.govJan. 5, 2021 Item #1 Page 15 of 328 Meeting Date: September 22, 2020 To: Mayor and City Council From: Celia Brewer, City Attorney Scott Chadwick, City Manager Staff Contact: Allegra Frost, Deputy City Attorney allegra.frost@carlsbadca.gov, 760-573-1125 Pete Pascual, Captain, Carlsbad Police Department pete.pascual@carlsbadca.gov, 760-931-2152 Subject: City of Carlsbad Facial Covering Requirements and Enhanced Enforcement of the County Health Order for Beach Boardwalks, Staircases, Gatherings and Businesses Recommended Action Boardwalks and staircases: Consider adopting a resolution that would require people to wear facial coverings on beach boardwalks and staircases on Fridays, Saturdays, Sundays and holidays from sunrise to sunset. Alternatively, consider appropriating funds for two additional police officers to patrol the beach boardwalk area to provide enhanced education and enforcement of the San Diego County public health order’s face covering requirements. Gatherings and businesses: Provide further direction to staff on what additional face covering requirements for gatherings and businesses the City Council would like. Executive Summary The City Council approved a minute motion on July 28, 2020, directing staff to draft a Carlsbad- specific face-covering ordinance that includes time, place and manner restrictions on boardwalks, staircases, gatherings and businesses. Based on the City Council’s request, the resolution attached as Exhibit 1 would require everyone to wear a face covering along the west side of Carlsbad Boulevard from Pine Avenue to Cannon Road, including the upper and lower seawall, and on all beach access ramps and staircases from the Rue de Chateaux beach access point on Ocean Street to the bridge south of Tamarack Avenue on Fridays, Saturdays, Sundays and holidays, between sunrise and sunset. (See map in Exhibit 3). The only exemptions would be for people who are under the age of 2, who have a medical condition, mental health condition or disability that prevents wearing a face covering, or who are hearing impaired, or communicating with a person who is hearing impaired. Exhibit 4 CA Review __AF__ Jan. 5, 2021 Item #1 Page 16 of 328 Another option to consider is allocating funding for two additional Carlsbad police officers to patrol the beach boardwalk areas on an overtime basis to implement an enhanced face- covering education and enforcement campaign. This option would expand on the work the Carlsbad Police Department conducted over the summer to encourage voluntarily compliance the face-covering requirements. That work included increased bike, lagoon and beach patrol contacts to distribute face coverings and educate the public about the face covering requirements. Staff is also requesting direction on what time, place, and manner restrictions the City Council would wish to see imposed on gatherings and businesses. Discussion Background Public health officials say wearing facial coverings when encountering people outside one’s household is an effective means of slowing the spread of COVID-19. In response, the state and the county issued public health orders requiring people to wear face coverings in certain high- risk situations. The county health order includes several exceptions that make it very challenging for a law enforcement officer to tell whether someone not wearing a facial covering in a public area is in violation of the county health order. (See Exhibit 2, Summary of county health order’s face-covering requirements.) The City of Carlsbad, like other cities in San Diego County, has focused much of its pandemic response on encouraging people to use face coverings when they leave their homes and cannot maintain the physical distance required to slow the spread of this disease. Del Mar, Solana Beach and Encinitas have each implemented public education and enforcement campaigns very similar to what Carlsbad is already doing. Although several cities in Los Angeles County have adopted more restrictive facial covering requirements than their respective county’s public health order, no other city within San Diego County has done so.1 Staff is not aware of any city that has eliminated the exemption for people who have a medical reason for not wearing a face covering.2 To adopt requirements that are more restrictive than the county health order, the city would need to demonstrate the additional requirements: • Bear a real and substantial relationship to protecting the public from the spread of COVID-19 • Are not arbitrary and do not go beyond what is necessary to accomplish this purpose • Do not plainly and palpably invade any constitutional rights.3 The City Council’s July 28, 2020, minute motion directed staff to prepare a “face-covering ordinance that includes time, place, and manner restrictions on boardwalks, staircases, 1 Before the state or county implemented mandatory face-covering requirements, National City mandated face coverings be worn inside essential businesses but did not impose a penalty. The current face-covering requirements in the county health order are broader than what was initially implemented in National City. 2 The face-covering order in the City of Calabasas does not expressly state that persons with a medical disability preventing them from wearing a face covering are exempt, but Calabasas explained that they interpret the order as including a medical exemption. 3 See, e.g., Jacobson v. Commonwealth of Massachusetts (1905) 197 U.S. 11, 26, 38. Jan. 5, 2021 Item #1 Page 17 of 328 gatherings, and businesses.” The phrase “time, place and manner restrictions” is generally used in connection with a legal analysis of a government regulation on public forums and the conduct of activities protected by the First Amendment. However, staff understood the City Council’s minute motion as intending that face coverings be worn more frequently along the city’s beach boardwalk and staircases. Staff was uncertain what additional face-covering-related requirements the City Council intends to impose on gatherings or businesses. In addition, there are substantial legal issues related to expanding restrictions on gatherings, as explained below. For these reasons, face covering restrictions on gatherings and businesses were not included in the resolution, and staff is seeking further direction on those two items. If the City Council provides direction on what additional face-covering restrictions it would like imposed on gatherings and businesses, or provides general direction about what problems related to gatherings and businesses it would like to solve, staff will return with an option or options to implement that direction. Boardwalks and staircases The resolution attached as Exhibit 1 would require everyone to wear a face covering on Fridays, Saturdays, Sundays and state and federal holidays, between sunrise and sunset, when present in the following locations: • On the sidewalk, walkways and the upper and lower seawall located along the west side of Carlsbad Boulevard from Pine Avenue to Cannon Road • On all beach access ramps and staircases located along Carlsbad Boulevard and Ocean Street, from the Rue de Chateaux beach access point located at 2427 Ocean Street to the bridge on Carlsbad Boulevard south of Tamarack Avenue (See Exhibit 3, map) The only exemptions would be for persons who are under the age of 2, who have a medical condition, mental health condition, or a disability that prevents wearing a face covering, or who are hearing impaired, or communicating with a person who is hearing impaired. This would have the effect of requiring people to wear a face covering even if they are walking with members of their own household or are running, unless they are under the age of 2 or are exempt due to a medical condition or disability. These additional restrictions may be supported by evidence showing that it is difficult or impractical to maintain six feet of physical distance from non-household members in these areas, as required by the county health order, due to the narrowness of the walkways and the frequent large crowds in this area. These sidewalks and staircases are also the access points for Carlsbad’s most popular beaches and are frequently crowded. The average widths of the seven beach access staircases located along Ocean Street range from four to twelve feet. The lower seawall is an average of nine feet wide. Excluding the viewing spots and plazas, the pathways along the upper sea wall range from six to nine feet wide. There are also significantly larger crowds at the beaches on Fridays, Saturdays, Sundays and holidays, as shown in Exhibit 5, which makes it hard or impossible for everyone to consistently maintain the required six feet of physical distance along the narrow walkways in this area. However, the data provided in Exhibit 5 is from August. As fall and winter approach, the crowds, and therefore the evidence in support of the expanded face covering requirement, might decrease. Jan. 5, 2021 Item #1 Page 18 of 328 Staff initially considered recommending the expanded restrictions apply 24 hours a day, seven days per week, out of concern that a more limited timeframe could be confusing to the public and because crowding sometimes occurs during weekdays. However, the City Attorney’s Office recommends limiting any expansion of the face covering requirements to Fridays, Saturdays, Sundays and holidays, from sunrise to sunset, in order to narrowly tailor the requirements and ensure that there is evidence to support the expansion beyond the county health order’s requirements. For example, staff has not provided evidence to support a requirement that everyone wear face coverings at night, when there are generally few people in the beach areas. The attached resolution includes the limited timeframes recommended by the City Attorney’s Office. The City Attorney’s Office also recommends adopting these restrictions through a resolution under the city’s emergency powers, rather than an ordinance, because a resolution is better suited to temporary actions. Violations of the resolution would be enforceable by citation under Carlsbad Municipal Code Section 6.04.130, Emergency Services - Punishment of violations. A violation would constitute a misdemeanor, punishable by a fine of not to exceed $500 or by incarceration for not to exceed six months. Violations could be downgraded to an infraction by the City Attorney’s Office. Violations may also be cited as an administrative citation under Carlsbad Municipal Code Chapter 1.10 with graduated fines starting at $100 for a first offense, $200 for a second offense and $500 for a third or more offense within the same year. Even if the resolution is adopted, enforcement would continue to be a challenge because of the legal and practical challenge of determining whether a person is exempt from the face-covering requirement due a medical condition or disability that prevents wearing a face covering. However, the proposed emergency resolution could be useful to encourage all members of the public to comply with the face-covering requirement. As an alternative to the Carlsbad-specific face-covering requirements, the resolution attached as Exhibit 4 would appropriate funds for two additional police officers to patrol the beach boardwalk areas on Fridays, Saturdays, Sundays and holidays up to eight hours a day for 12 weeks, as needed, on an overtime basis. The officers would hand out face coverings and identify opportunities to teach members of the public about the importance of face coverings. This is similar to the approach taken by Del Mar, Solana Beach and Encinitas, which contract with the county Sheriff’s Department for law enforcement services. Increasing patrols in these areas instead of adopting Carlsbad-specific face-covering requirements has the benefit of remaining consistent with the state, county and other North County coastal cities and providing the public with consistent messaging and less legal risk. This alternative would represent an expansion of the existing police department efforts to distribute face coverings and educate the public about the face covering requirements through increased bike, lagoon and beach patrol contacts. Gatherings As noted above, staff requests direction on what additional face-covering requirements the City Council would like to see imposed on gatherings. the county health order currently prohibits all public or private gatherings. Gatherings are defined as any event that brings together more Jan. 5, 2021 Item #1 Page 19 of 328 than one person in a single room or single indoor or outdoor space at the same time. A gathering does not include: 1. A gathering consisting only of members of a single family or household 2. Operations at airports, public transportation or other spaces where persons in transit are able to practice social distancing 3. Operations at essential and reopened businesses and where other requirements of the county health order are followed 4. A religious service or cultural ceremony including a wedding ceremony which is allowed, provided the state guidance is followed; wedding receptions are not allowed 5. Outdoor protests in which participants maintain social distancing and wear face coverings at all times The state’s restrictions on protests and religious gatherings have faced, and continue to face, significant legal challenges. In May, the U.S. Supreme Court denied a request to halt enforcement of California’s restrictions on the size of public gatherings to slow the spread of COVID-19.4 However, litigation in that case and other similar cases is still ongoing. The governor and the state public health officer have chosen to balance the need to protect public health and First Amendment protections by allowing outdoor faith-based services and protests to resume statewide provided face coverings are worn and physical distancing is maintained.5 Because of the many potential legal issues, the City Attorney’s Office would need time to carefully review any proposed Carlsbad-specific restrictions on gatherings, including restrictions on protests or faith-based services. As previously explained, in order to adopt requirements that are more restrictive than the county health order, additional requirements the city must provide evidence that the added requirements bear a real and substantial relation to the protection of public health from the spread of COVID-19. The requirements also cannot be not arbitrary or go beyond what is necessary to accomplish this purpose and may not plainly and palpably invade any constitutional rights. Businesses Staff also requests further guidance on what additional face-covering requirements the City Council would like to see placed on businesses. It would also help staff to understand what problem or problems related to businesses the City Council is trying to address and whether education or enforcement is the preferred remedy. The county health order currently requires all non-exempt individuals to wear a face covering when inside of, or in line to enter, any indoor public space. However, people may remove face coverings inside a restaurant while they are seated and eating or drinking, if they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence. Reopened businesses are required to complete and post a safe reopening plan, in accordance with which they must operate.6 The safe reopening plan, which 4 South Bay United Pentecostal Church v. Newsom (2020) 140 S. Ct. 1613. 5 Indoor faith-based services are currently allowed in San Diego County with modifications and capacity restrictions, including limiting attendance to 25 percent of capacity or 100 people, whichever is less. 6 San Diego Food Facility, Restaurant, Bar, Winery, Brewery Operating Protocol: https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/ covid19/ Jan. 5, 2021 Item #1 Page 20 of 328 must be posted on each public entrance, informs all employees and customers of the county health order’s requirements for face coverings. Since the July 28, 2020, City Council meeting, the County of San Diego has also implemented the Safe Reopening Compliance Team to help businesses comply with the county health order and increase enforcement. Most issues with businesses operating in violation of the county health order are resolved through education. To date, staff is only aware of four Carlsbad businesses for which an elevated response was needed. In these cases, the Police Department provides the county with evidence of the violations and the county issues a cease and desist order. The Police Department also investigates all potential health order violations that are reported to the department. Finally, the City of Carlsbad has also developed the “Stay Safe, Stay Open” public education campaign, which includes signs that businesses can post encouraging people to wear face coverings.7 Because the city and county have already implemented additional compliance efforts targeted at businesses, staff requests direction as to whether there are other requirements or enforcement tools the City Council would like, and if so, what those are. Fiscal Analysis The cost of implementing and enforcing Carlsbad specific face-covering requirements is uncertain but would depend on how many new or additional signs are needed. The alternate proposal for two officers to patrol the beach areas up to eight hours per day, three days per week, for 12 weeks, on an as-needed basis, is estimated to cost up to $69,210.24. If City Council selects this option, staff recommends that the City Council authorize the deputy city manager to appropriate $69,210.24 from the General Fund to the Police Department’s operating budget for the additional patrols to be conducted as needed. Hourly Overtime 8 hours OT 2 officers 3 days a week 12 weeks Police officer $ 81.58 $ 109.74 $ 877.92 $ 1,755.84 $ 5,767.52 $ 69,210.24 Next Steps If the council approves the resolution in Exhibit 1, staff will take the appropriate measures to implement it, such as posting signs and taking other steps to inform the public of the new rules. If the Council approves the resolution in Exhibit 4, the deputy city manager of administrative services will appropriate $69,210.24 from the General Fund to the Police Department’s operating budget. Up to two police officers will be assigned to patrol the beach boardwalk area up to three days per week, and up to eight hours a day over the next twelve weeks, as needed, to hand out face coverings and educate the public about the face covering requirements. Staff may also conduct further research on potential restrictions on gatherings and businesses if directed to do so by the council. Community_Sector_Support/BusinessesandEmployers/SafeReopeningPlanTemplate.pdf; Restaurants: https://www.sandiegocounty.gov/content/dam/sdc/deh/fhd/food/pdf/covid19sdrestaurantoperatingprotocol_en. pdf. 7 Stay Safe, Stay Open campaign examples: https://cityadmin.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=45264. Jan. 5, 2021 Item #1 Page 21 of 328 Environmental Evaluation (CEQA) This action is statutorily exempt from the California Environmental Quality Act under California Public Resources Code Section 21080, subdivision (b)(4), applicable to specific actions necessary to prevent or mitigate an emergency. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Resolution - Carlsbad specific face covering requirements 2.Summary of San Diego County public health order’s face-covering requirements 3.Map of mandatory face coverings zones 4.Resolution - Additional police patrols for face covering violations 5.August 2020 beach staircase usage Jan. 5, 2021 Item #1 Page 22 of 328 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ISSUING AN EMERGENCY ORDER MANDATING FACE COVERINGS IN CERTAIN HIGH-TRAFFIC PEDESTRIAN AREAS OF THE CITY OF CARLSBAD. WHEREAS, international, national, state, and local health and governmental authorities have declared a public health emergency due to an outbreak of a highly transmittable respiratory disease, referred to as COVID-19; and WHEREAS, COVID-19 symptoms include fever, cough, shortness of breath, nausea, loss of smell or taste and many other wide-ranging symptoms; and those who have been afflicted have experienced a wide spectrum of severity in symptoms ranging from asymptomatic to death; and WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the spread of COVID-19, which was ratified by the San Diego County Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization began characterizing COVID-19 as a pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the spread of COVID-19; and WHEREAS, on March 17, 2020, the City Council of the City of Carlsbad passed a resolution ratifying a declaration of local emergency to provide the city with more flexibility and greater access to resources as it responds to the COVID-19 public health emergency; and WHEREAS, effective May 1, 2020, the San Diego County Health Order (“County Health Order”) and all revised versions since this date have required, among other health and safety precautions, that “all persons two years old and older who are present in the county shall have possession of a face covering described in California Department of Public Health Face Covering Guidance issued on April 1, 2020, when they leave their home or place of residence and shall wear the face covering whenever Exhibit 1 Jan. 5, 2021 Item #1 Page 23 of 328 they are in a business or within six feet of another person who is not a member of their family or household;” an exemption was made for persons with a medical or mental health condition or developmental disability that prevents wearing a face covering; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, beginning on June 28, 2020, in light of rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health created a COVID-19 county monitoring list and ordered the closure of certain high-risk businesses in various counties statewide, including bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals; and WHEREAS, on July 15, 2020, the County Health Order slightly revised its face covering requirement to more closely reflect the state’s face covering guidance: “All persons two years of age or older who are present in the county shall have possession of a face covering when they leave their home or place of residence and shall wear the face covering as described and required in California Department of Public Health Face Covering Guidance issued on June 17, 2020, (available at: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID19/Guidance- for-Face-Coverings_06-18-2020.pdf)”; and WHEREAS, the most recent County Health Order effective September 10, 2020, provides for a face covering requirement that mirrors that of the state: “Face coverings shall be worn as described and required in California Department of Public Health Face Covering Guidance issued on June 18, 2020, (available at: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID19/Guidance- for-Face-Coverings_06-18-2020.pdf);” and WHEREAS, the Carlsbad City Council, the Director of Emergency Services, and city staff including the Carlsbad Police Department have urged residents to follow the orders of the San Diego County Health Officer, including the requirements to stay home except to take care of essential needs or go to Jan. 5, 2021 Item #1 Page 24 of 328 an essential place of business and limited other exceptions, the wearing of face coverings, social distancing, and avoidance of gatherings, among other precautions; and WHEREAS, despite the mandates of the County Health Orders, the efforts of the city to urge voluntary compliance with the face covering requirements, many persons within the City of Carlsbad continue to fail to comply with the face covering requirements of the County Health Order, thereby placing themselves and others at risk of contracting COVID-19; and WHEREAS, the transmission of COVID-19 continues to increase in the State of California and in San Diego County and the City of Carlsbad, and there is a significant risk of widespread transmission of COVID-19 in the County of San Diego and the City of Carlsbad without the adoption of stricter measures to slow its spread; and WHEREAS, as of September 17, 2020 the City of Carlsbad has had a cumulative total of 670 confirmed cases of COVID-19, with an estimated 43 active cases; as of September 15, 2020, the County of San Diego has had a cumulative total of 43,445 confirmed cases of COVID-19; and WHEREAS, the City of Carlsbad experiences a high volume of pedestrian traffic near the Carlsbad Village beach access areas, making it difficult to continuously maintain adequate social distancing as required by the County Health Order, specifically along the westerly sidewalks and walkways of Carlsbad Boulevard, between Pine Avenue and Cannon Road, inclusive of the upper and lower Sea Wall walkways; and WHEREAS, beach access ramps and stairwells located along Carlsbad Boulevard and Ocean Street, between the Ocean Street beach access point located at 2427 Ocean Street and the intersection of Cannon Road, also experience a considerable volume of pedestrian traffic and are narrow in width, many ranging from 4 to 12 feet, such that it is often difficult to maintain adequate social distancing as required by the County Health Order; during the month of August the access stairwells along Ocean Street averaged approximately 406 persons per day with the Carlsbad Village Drive stairwell averaging 655 persons per day; and WHEREAS, the City of Carlsbad experiences a steady but sometimes unpredictably high flow of pedestrian traffic near the above-mentioned beach access areas between the hours of sunrise and sunset, with data supporting the highest volume of pedestrian traffic occurring on Fridays, Saturdays, Sundays, and state and federal holidays; and Jan. 5, 2021 Item #1 Page 25 of 328 WHEREAS, numerous and reputable scientific studies suggest that social distancing, avoidance of public or private gatherings (as defined in the most recent County Health Order), and the use of cloth face coverings by the public may help reduce COVID-19 disease transmission by reducing the release of infectious particles into the air when someone speaks, coughs, or sneezes, especially in the case of asymptomatic and pre-symptomatic persons or those with mild symptoms who do not realize that they are infectious and contagious; and WHEREAS, California Government Code section 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and Health and Safety Code section 120175.5 (b) provides that all governmental entities in the county shall take necessary measures within the governmental entity’s control to ensure compliance with the County Health Order; and WHEREAS, the City Council of the City of Carlsbad, California has determined that in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary and prudent to adopt a local face covering requirement more strict than that of the County of San Diego’s most recent County Health Order with an option for local administrative enforcement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad hereby finds that an emergency order is necessary to protect the residents, visitors, and general public of Carlsbad in order to keep them safe and healthy and to slow the spread of COVID-19. 3. The definitions in the most recent County Health Order apply to the words and phrases used in this Order unless context dictates otherwise. 4. The City Council of the City of Carlsbad hereby issues an Emergency Order pursuant to subsections 6.04.100(A)(6)(a) and 6.04.100(A)(6)(e) of the Carlsbad Municipal Code mandating that all pedestrians, subject to the exceptions outlined in subsections (a) through (c) below, wear a face covering on Fridays, Saturdays, Sundays, and state and federal holidays between the hours of sunrise and sunset while present along the westerly sidewalks and walkways of Carlsbad Boulevard, between Pine Avenue and Jan. 5, 2021 Item #1 Page 26 of 328 Cannon Road, inclusive of the upper and lower Sea Wall walkways; and also while using beach access ramps and stairwells located along Carlsbad Boulevard and Ocean Street, between the Rue de Chateaux beach access point located at 2427 Ocean Street and the bridge south of Tamarack Avenue located on Carlsbad Boulevard. The following persons are exempt from this Emergency Order: a. Younger than 2 years old; b. With a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c. Who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication; 5. The Director of Emergency Services or designee may promulgate regulations to implement the provisions of this Order. No person shall fail to comply with any such regulation. 6. The Director of Emergency Services or designee is authorized to deputize additional persons to issue administrative citations for violations of this Order, as amended from time to time, pursuant to sections 1.10.010 and 1.10.020 of the Carlsbad Municipal Code. 7. The Director of Emergency Services or designee is authorized to enter into any contracts related to the enforcement of this Order, as amended from time to time. 8. Should the directives of the State’s Face Covering Guidance, the County Health Order, this Order, or any regulations promulgated thereunder conflict, the stricter regulation shall apply. 9. Section 4 of this Order and any regulations promulgated under Section 5 of this Order shall be enforceable by: (a) the Carlsbad Police Department and any city officer or employee granted authority to issue written notices to appear pursuant to Carlsbad Municipal Code section 1.08, to be charged as a misdemeanor pursuant to Government Code section 8665 or Carlsbad Municipal Code section 6.04.130, with the option of Jan. 5, 2021 Item #1 Page 27 of 328 downgrading such charges to an infraction; or (b) any enforcement officer as defined in Carlsbad Municipal Code section 1.10.010, through the issuance of an administrative citation under Carlsbad Municipal Code section 6.04.130, in accordance with Chapter 1.10 of the Carlsbad Municipal Code. The issuance of a Notice of Violation is not necessary prior to issuing an administrative citation, and all corrective actions shall be immediately required. Pursuant to section 1.10.100(A) of the Carlsbad Municipal Code, the amount of the administrative penalty for a violation of any provision of, or any regulations issued under, this Order shall be as authorized in California Government Code sections 36900(b)-(d) and 53069.4(a)(1). As of the date of this Order, these penalty amounts are $100 for the first violation; $200 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of, or any regulations issued under, this Order constitutes a separate violation and may be charged and punished separately. 10. Pursuant to Carlsbad Municipal Code section 1.10.110(B), the failure of any person to pay an administrative penalty or late fee within the time specified on the administrative citation without the filling of an appeal will result in the assessment of an additional late fee. The amount of the late fee is 100% of the total amount of the administrative penalty and will be assessed independent of whether the violation has subsequently been corrected. 11. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until the expiration of the City’s declaration of local emergency. 12. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The City Council hereby declares that it would have adopted this Order, and any Supplement thereto, and each and every section, subsection, sentence, clause, or phrase not Jan. 5, 2021 Item #1 Page 28 of 328 declared invalid or unconstitutional without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Jan. 5, 2021 Item #1 Page 29 of 328 Summary of San Diego County Public Health Order’s Face-Covering Requirements The San Diego County Public Health Order (County Health Order) effective September 1, 2020 states, “Face coverings shall be worn as described and required in California Department of Public Health Face Covering Guidance issued on June 18, 2020.”1 The California Department of Public Health Face Covering Guidance requires everyone in California to wear a face covering when they are in the following high-risk situations: 1.When inside of, or in line to enter, any indoor public space 2.When obtaining services from the healthcare sector 3.When waiting for or riding public transportation, in a taxi, a private car service, or a ride- sharing vehicle 4.While working, if the person is also: o Interacting in-person with any member of the public o In any space visited by members of the public o In any space where food is prepared or packaged for others o In common areas, such as hallways, stairways, elevators, and parking facilities o In any room or enclosed area where other people (except members of the person’s household or residence) are present, when unable to physically distance 5.When driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present 6.When outdoors in public spaces, if maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible The County Health Order exempts eight categories of people from the face-covering requirement. These include people: 1.Younger than 2 years old 2.With a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance 3.Who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication 4.For whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines 5.Obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service 6.Seated at a restaurant or other establishment that offers food or beverage service while eating or drinking, if they can maintain a distance of at least six feet away from persons who are not members of the same household or residence 1 The state face covering protocols are available at: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-for-Face- Coverings_06-18-2020.pdf Exhibit 2 Jan. 5, 2021 Item #1 Page 30 of 328 7.Engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling or running, when alone or with household members, and when they can maintain a distance of at least six feet from others 8.Who are incarcerated Persons exempted from wearing a face covering due to a medical condition who are employed in a job involving regular contact with others should wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, if their condition permits it. Jan. 5, 2021 Item #1 Page 31 of 328 CARLSBAD BL CANNON RDExhibit 3 – Facial Co vering Requirement Areas J:\RequestsMarch2015\CityAttorney\RITM0019496_20OCEAN STCARLSBAD VILLAGE DRCARLSBADBLPINE AVOCEAN S T Legend Seawall Beach Access Sidewalk & Seawall Pedestrian PathsPINE AVCARLSBAD BL TAMARACKAVJan. 5, 2021Item #1 Page 32 of 328 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPROPRIATION OF $69,210 FROM THE GENERAL FUND TO THE POLICE DEPARTMENT’S FY21 OPERATING BUDGET FOR POLICE OFFICERS TO PROVIDE ENHANCED EDUCATION AND ENFORCEMENT OF THE COUNTY HEALTH ORDER’S FACE MASK REQUIREMENTS AT THE BEACH. WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the best interest of the city for police officers to patrol the beach areas to provide enhanced education and enforcement of the San Diego County Public Health Order’s face covering requirements; and WHEREAS, the Chief of Police will designate two police officers working up to eight hours per day, three days per week for 12 weeks on an as needed basis; and WHEREAS, the cost is estimated to be up to $69,210 in overtime. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The Deputy City Manager of Admin services will appropriate $69,210 from the General Fund to the Police Department’s FY21 operating budget. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Exhibit 4 Jan. 5, 2021 Item #1 Page 33 of 328 Mon Tue Wed Thu Fri Sat Sun 0 200 400 600 800 1000 1200 Site Name Average Median STDV Min Max Beech & Ocean St-B.A. (IR) (D)456.7 361.3 169.2 257.2 761.6 Christiansen & Ocean St-B.A. (IR) (D)74.0 57.8 24.0 46.4 107.6 CVD & Ocean St- B.A.(IR) (D)655.9 580.3 216.2 438.0 1,104.6 Cypress & Ocean St.-B.A. (IR) (D)306.4 273.8 100.8 170.8 463.6 Grand & Ocean St-B.A.(IR) (D)571.3 509.0 194.8 312.3 929.0 Oak & Ocean St-B.A. (IR) (D)0.0 0 0.0 0.0 0.0 Rue Des Chateaux-B.A. (IR) (D)373.4 370.8 162.9 145.4 632.0 (D) = divide by 2 applied Note: the counter for Oak & Ocean St. was out of service in August. Exhibit 5 Jan. 5, 2021 Item #1 Page 34 of 328 CITY COUNCIL Staff Report CA Review AF Meeting Date: July 28, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Allegra Frost, Deputy City Attorney allegra.frost@carlsbad.ca, 760-573-1125 Subject: Administrative Enforcement of the Facial Covering Requirements of State and County Public Health Orders Recommended Action Consider adopting a resolution that would allow for the administrative enforcement of the San Diego County public health order, including the face-covering requirements. Executive Summary The City Council approved a minute motion at its July 14, 2020 meeting that directed staff to provide the council with administrative enforcement options for obtaining compliance with the state and county orders requiring people to wear facial coverings in certain situations. As staff noted in that meeting, criminal enforcement as a method of obtaining compliance with the facial covering requirement presents unique constitutional challenges. Because of these challenges, law enforcement agencies across California have preferred other methods, such as education and the distribution of complimentary face coverings, over criminal enforcement. Administrative enforcement, a method undertaken by a handful of Southern California cities, would allow the city to issue administrative citations, in accordance with Chapter 1.10 of the Carlsbad Municipal Code, for violations of the facial covering requirement. This report explains how such enforcement could be enacted and implemented, the benefits to the public health it might provide, as well as the significant constitutional challenges that would remain. Discussion Background The health and safety of the public has been the city's highest priority during the COVID-19 pandemic. The city has followed California and San Diego County public health order and related protocols in making the difficult decisions involved in its response to this crisis. A major part of the city's efforts has been to encourage people to cover their faces with masks when they leave their homes and cannot maintain the physical distance required to slow the spread of this disease. City police officers, city staff and volunteers have done extensive education efforts and handed out more than 178,000 masks to community members and visitors, particularly along the beach, one of the city's most trafficked areas, and in group July 28, 2020 Item #11 Page 1 of 13 Exhibit 5 Jan. 5, 2021 Item #1 Page 35 of 328 homes and to the homeless. The city has used its communications channels — its website, and social media platforms —to encourage and educate the public about the important of face covering. Staff have also put up signs at entrances to city property and are placing more than 100 banners, some in Spanish, at key points around the city in the public right of way to remind the public of the face-covering requirement. Despite the city's public education campaign, there have been complaints that some people are not wearing face coverings when required by the public health order. This has led some community members to call for enforcement of the public health order, not just education. To staff's knowledge, no law enforcement agency in San Diego County has cited or arrested anyone for violating the public health order by failing to wear a facial covering. Several other cities in California, including Beverly Hills, Calabasas, Manhattan Beach, Santa Monica, and West Hollywood, have authorized administrative enforcement of the face-covering requirement. Manhattan Beach has begun using a contractor to issue a limited number of administrative citations for violations of its face-covering requirement. Cities nationwide are grappling with the question of how to get people to comply with the public health orders that require facial coverings. Very few cities have issued citations because the requirements and the exceptions to the requirements make it difficult for officers to meet the legal standard necessary to stop and temporarily detain someone, as explained below. San Diego County Public Health Order's face-covering requirement The public health order states, "All persons two years of age or older who are present in the county shall have possession of a face covering when they leave their home or place of residence and shall wear the face covering as described and required in (the) California Department of Public Health Face Covering Guidance."1 The public health order requires everyone two years of age or older to wear a face covering in the following situations: • When inside of, or in line to enter, any indoor public space • When obtaining services from the healthcare sector • When waiting for or riding public transportation, in a taxi, a private car service, or a ride- sharing vehicle • While working, if the person is also: o Interacting in-person with any member of the public o In any space visited by members of the public o In any space where food is prepared or packaged for others o In common areas, such as hallways, stairways, elevators, and parking facilities o In any room or enclosed area where other people (except members of the person's household or residence) are present, when unable to physically distance • When driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present The state face covering protocols are available at: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-for-Face- Coverings_06-18-2020.pdf July 28, 2020 Item #11 Page 2 of 13 Jan. 5, 2021 Item #1 Page 36 of 328 • When outdoors in public spaces, if maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible The public health order generally does not require a person to wear a face covering if the person is walking outdoors in a public place and maintaining a six-foot distance from others who are not in the person's household. This means seeing someone walking around outdoors without a face covering, whether alone or with others, is not, by itself, an indication that the person is failing to comply with the face-covering requirement. The public health order also exempts eight categories of people from the face-covering requirement. These include people: 1. Younger than 2, as noted above 2. With a medical condition, mental health condition, or disability that prevents wearing a face covering 3. Who are hearing impaired, or communicating with a person who is hearing impaired 4. For whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines 5. Obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service 6. Seated at a restaurant or other establishment that offers food or beverage service while eating or drinking, if they can maintain a distance of at least six feet away from persons who are not members of the same household or residence 7. Engaged in outdoor work or recreation such as swimming, walking, hiking, bicycling or running, when alone or with household members, and when they are able to maintain a distance of at least six feet from others 8. Who are incarcerated While some of these exemptions can be readily determined, others cannot, particularly the exemptions for medical conditions, mental health conditions, disabilities and outdoor recreation with household members. Consequently, even in situations in which the public health order might otherwise require a person to wear a face covering, such as in an indoor public place, the absence of a face covering is not necessarily a failure to comply with the public health order. The public health order authorizes police departments to enforce the order under California Government Code sections 26602 and 41601 and Health and Safety Code Section 101029. Violations of the public health order may be prosecuted as a misdemeanor with fines of up to $1,000 and imprisonment for up to 90 days. July 28, 2020 Item #11 Page 3 of 13 Jan. 5, 2021 Item #1 Page 37 of 328 Administrative enforcement In addition to criminal misdemeanor enforcement, the City Council may authorize administrative citations with accompanying fines for individuals and businesses who fail to comply with the requirements contained in the public health order. Administrative citations are similar to infractions, such as minor traffic violations, in the sense that the penalty is a fine and does not include incarceration. However, an administrative citation is processed within the city and does not go through the court system, so there is no court hearing and no impact on the person's criminal record. A city zoning violation is an example of an administrative citation. It comes with fines for failing to comply and continuing failure may result in increased fines or perhaps other sanctions, though not a jail or prison sentence. In Carlsbad, the city's authority and procedures for processing administrative citations are contained in Chapter 1.10 of the Carlsbad Municipal Code. That chapter states that an enforcement officer who observes a violation of the municipal code may issue an administrative citation to the responsible party. Carlsbad Municipal Code section 1.10.080 states that the enforcement official will issue a notice of violation before issuing an administrative citation. However, the proposed resolution would allow the enforcement officer to immediately issue an administrative citation. The penalties would be $100 for the first violation, $200 for a second violation committed within one year of the first violation, and $500 for a third violation or subsequent violations committed within a year of the first violation. These penalties are established by section 1.10.100(A) of the Municipal Code, in accordance with the amounts authorized by California Government Code sections 36900(b)-(d) and 53069.4(a)(1). Failure to pay an administrative citation penalty results in late fees, which the city may collect by filing a civil action or other legal remedy. Anyone who receives an administrative citation may contest the citation by requesting an administrative hearing with an administrative hearing officer. The city has existing contracts in place with three administrative hearing officers, if they are needed. If the City Council chooses to authorize enforcement of the public health order using the city's administrative citation process, we recommend the city also develop internal procedures for issuing administrative citations. Benefits of administrative enforcement Administrative citations do not go onto a person's criminal history. They would also allow the city to avoid the backlog and partial shutdown currently impacting the courts because of the COVID-19 pandemic. The proposed resolution would also provide the city with another tool to help obtain compliance with the public health order. For example, the ability to issue administrative citations to businesses violating the public health order could be helpful in obtaining compliance, including when working in partnership with the county's Safe Reopening Compliance Team. Issues to consider Although the City Council has the authority to authorize administrative enforcement of the face-covering requirement, both criminal and administrative enforcement are complicated by significant legal and practical considerations. Notably, changing the nature of a citation from criminal to administrative does not avoid the constitutional issues discussed below. Tasking July 28, 2020 Item #11 Page 4 of 13 Jan. 5, 2021 Item #1 Page 38 of 328 someone other than a police officer with administrative enforcement of the face-covering requirement would require further evaluation. An officer may initiate a consensual encounter by asking a person for information. However, for an officer to temporarily detain someone for investigative purposes or prevent them from leaving while a ticket is issued, the Fourth Amendment of the U.S. Constitution requires the officer to have a reasonable suspicion that the person is engaged in a crime. (See Terry v. Ohio, 392 U.S. 1 (1968)). Reasonable suspicion requires more than a hunch or an unspecific suspicion. The officer must have a specific, articulable, and objective factual basis to believe the person stopped is engaged in a crime. (People v. Wells, 38 Cal. 4th 1078, 1083 (2006)). There is no clear dividing line between a consensual encounter and a temporary detention. A consensual encounter becomes a detention, which is subject to the Fourth Amendment, when a reasonable person would have believed they were not free to leave. (U.S. v. Mendenhall, 446 U.S. 544, 554 (1980)). The test is necessarily imprecise and assesses the officers conduct, taken as a whole. (Michigan v. Chesternut, 486 U.S. 567, 574 (1988)). When an officer issues a citation, the person is temporarily detained while the citation is issued. Therefore, if someone without a face covering does not voluntarily cooperate with the officer's requests, the officer would not be able to stop the person to investigate or issue a citation unless the officer can establish reasonable suspicion that the person is engaged in a crime. In other words, the officer needs a specific, articulable and objective factual basis for believing that none of the exemptions apply before conducting an investigatory stop or a temporary detention. For example, if an officer observes a small group of people outdoors without face coverings, the officer could ask if they would be willing to answer some questions. However, if they say "no' or walk away, the officer could not stop them to ask any additional questions, unless the officer had a specific, articulable, and objective factual basis for believing they do not have a medical or mental health condition or disability that prevents them from wearing face coverings, are not hearing impaired or communicating with a person who is hearing impaired and are not members of the same household or residence. Aside from the Fourth Amendment restrictions, there are also privacy concerns to bear in mind: asking a suspected violator about a personal health issue could violate his or her medical privacy rights. There are also practical law enforcement issues to consider in enforcement of the face-covering requirement. Any time an officer detains someone for an investigation, there is always the risk of conflict and resistance. Any such contact has the potential to escalate into a situation where an officer needs to restrain the person or make an arrest. A public confrontation between an officer and someone refusing to wear a face covering could impair the productive relationship the Police Department has worked to build with the community and even result in injuries to a suspect or an officer. This does not mean that enforcement is impossible, but enforcement would likely require a unique set of facts. Proposed resolution The resolution offered for the council's consideration would find that an emergency order is necessary to protect the residents, visitors, and general public of Carlsbad to keep them safe and healthy and to slow the spread of COVID-19. (Exhibit 1) It would adopt the requirements of the public health order as regulations of the City of Carlsbad under section 6.04.100(A)(6)(a) of July 28, 2020 Item #11 Page 5 of 13 Jan. 5, 2021 Item #1 Page 39 of 328 the Carlsbad Municipal Code, which defines the powers and duties of the director and assistant director of emergency services. Police could enforce the emergency order by issuing administrative citations in accordance with Chapter 1.10 of the municipal code, Administrative Code Enforcement Remedies, except that an officer would not have to issue a notice of violation before issuing an administrative citation. Fiscal Analysis The cost of implementing administrative enforcement of the face-covering requirement would depend on how many citations are issued and whether the persons cited appeal the citations. Next Steps If the City Council approves the resolution adopting the public health order requirements as City regulations, administrative enforcement would be another available method for obtaining compliance with the requirements of the public health order, including the face-covering requirements. Environmental Evaluation (CEQA) This action does not constitute a "project" within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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 Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Resolution July 28, 2020 Item #11 Page 6 of 13 Jan. 5, 2021 Item #1 Page 40 of 328 Exhibit 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ISSUING AN EMERGENCY ORDER MANDATING FACE COVERINGS FOR ALL PERSONS WITHIN CARLSBAD CITY LIMITS IN ACCORDANCE WITH THE MOST RECENT SAN DIEGO COUNTY ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS AND THE MOST RECENT CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FACE COVERING GUIDANCE. WHEREAS, international, national, state, and local health and governmental authorities have declared a public health emergency due to an outbreak of a highly transmittable respiratory disease, referred to as COVID-19; and WHEREAS, COVID-19 symptoms include fever, cough, shortness of breath, nausea, loss of smell or taste and many other wide-ranging symptoms; and those who have been afflicted have experienced a wide spectrum of severity in symptoms ranging from asymptomatic to death; and WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local Health Emergency as a result of the spread of COVID-19, which was ratified by the San Diego County Board of Supervisors on February 19, 2020; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization began characterizing COVID-19 as a pandemic; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of the spread of COVID-19; and WHEREAS, on March 17, 2020, the City Council of the City of Carlsbad passed a resolution ratifying a declaration of local emergency to provide the city with more flexibility and greater access to resources as it responds to the COVID-19 public health emergency; and WHEREAS, effective May 1, 2020, the San Diego County Health Order ("County Health Order") and all revised versions since this date have required, among other health and safety precautions, that "all persons two years old and older who are present in the county shall have possession of a face July 28, 2020 Item #11 Page 7 of 13 Jan. 5, 2021 Item #1 Page 41 of 328 covering described in California Department of Public Health Face Covering Guidance issued on April 1, 2020, when they leave their home or place of residence and shall wear the face covering whenever they are in a business or within six feet of another person who is not a member of their family or household;" an exemption was made for persons with a medical or mental health condition or developmental disability that prevents wearing a face covering; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but consistent with Californians' mitigation efforts and other factors, determined that the statewide data supported the gradual movement of the entire state from Stage 1 to Stage 2 of California's Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID- 19 is still present in State communities and that maintaining physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and public health measures if warranted; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including the surrounding counties of Los Angeles and Imperial, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; the San Diego 2 July 28, 2020 Item #11 Page 8 of 13 Jan. 5, 2021 Item #1 Page 42 of 328 County Health Officer adopted such requirement in a revised County Health Order effective July 1, 2020 and; WHEREAS, on July 3, 2020, San Diego County was added to the state's coronavirus monitoring list, including 22 other counties across the state, due to a rise in reported COVID-19 case rates; and WHEREAS, the amended County Health Order effective July 15, 2020, further clarifies the county's face-covering requirement by ordering that "all persons two years of age or older who are present in the county shall have possession of a face covering when they leave their home or place of residence and shall wear the face covering as described and required in California Department of Public Health Face Covering Guidance issued on June 17, 2020, (available at: https://www.cdph.ca.gov/Progra ms/CI D/DCDC/CDP H%20Docu ment%20Libra ry/COVI D19/G u ida nce- for-Face-Coverings 06-18-2020.pdf)"; and WHEREAS, the most recent County Health Order effective July 21, 2020, places a substantial restriction on the community in the interests of minimizing the spread of COVID-19 by prohibiting all public, charter and private schools from holding classes on the school campus and requiring that these schools instead conduct distance learning only as required by the state's Reopening In-Person Learning Framework for K-12 Schools in California, 2020-2021 School Year, as well as similar in-person learning restrictions for colleges and universities; and WHEREAS, the Carlsbad City Council, the Director of Emergency Services, and city staff including the Carlsbad Police Department have urged residents to follow the orders of the San Diego County Health Officer, including the requirements to stay home except to take care of essential needs or go to an essential place of business and limited other exceptions, the wearing of face coverings, social distancing, and avoidance of gatherings, among other precautions; and WHEREAS, despite the mandates of the County Health Orders, the efforts of the city to urge compliance, and the efforts of law enforcement to encourage voluntary compliance and the issuance of citations for select County Health Order violations that also violate the Carlsbad Municipal Code, many persons or businesses within the City of Carlsbad continue to fail to comply with the County Health Order, and particularly its requirements concerning the wearing of face coverings, thereby placing themselves and others at risk of contracting COVID-19; and 3 July 28, 2020 Item #11 Page 9 of 13 Jan. 5, 2021 Item #1 Page 43 of 328 WHEREAS, the transmission of COVID-19 continues to increase in the State of California and particularly in San Diego County and the City of Carlsbad, and there is a significant risk of widespread transmission of COVID-19 into the County of San Diego and the City of Carlsbad without the adoption of stricter measures to slow its spread; and WHEREAS, as of July 21, 2020 the City of Carlsbad has had a cumulative total of 395 confirmed cases of COVID-19, with an estimated 149 active cases; as of July 20, 2020, the County of San Diego has had a cumulative total of 24,135 confirmed cases of COVID-19; and WHEREAS, numerous and reputable scientific studies suggest that social distancing, avoidance of public or private gatherings (as defined in the most recent County Health Order), and the use of cloth face coverings by the public may help reduce COVID-19 disease transmission by reducing the release of infectious particles into the air when someone speaks, coughs, or sneezes, especially in the case of asymptomatic and pre-symptomatic persons or those with mild symptoms who do not realize that they are infectious and contagious; and WHEREAS, California Government Code section 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and Health and Safety Code section 120175.5 (b) provides that all governmental entities in the county shall take necessary measures within the governmental entity's control to ensure compliance with the County Health Order; and WHEREAS, the City Council of the City of Carlsbad, California has determined that in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary and prudent to adopt a local emergency order that mirrors that of the County of San Diego's most recent County Health Order with an option for local administrative enforcement as permitted by applicable law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad hereby finds that an emergency order is necessary to protect the residents, visitors, and general public of Carlsbad in order to keep them safe and healthy and to slow the spread of COVID-19. 4 July 28, 2020 Item #11 Page 10 of 13 Jan. 5, 2021 Item #1 Page 44 of 328 3. The definitions in the most recent County Health Order apply to the words and phrases used in this Order unless context dictates otherwise. 4. The City Council of the City of Carlsbad hereby issues an Emergency Order mandating that all directives included in the most recent County Health Order, including references therein to the California Department of Public Health's Guidance for the Use of Face Coverings, and any subsequent amendments and successors thereto, are hereby adopted as rules and regulations of the City of Carlsbad pursuant to subsections 6.04.100(A)(6)(a) and 6.04.100(A)(6)(e) of the Carlsbad Municipal Code. 5. The Director of Emergency Services or designee may promulgate regulations to implement the provisions of this Order. No person shall fail to comply with any such regulation. 6. The Director of Emergency Services or designee is authorized to deputize additional persons to issue administrative citations for violations of this Order, as amended from time to time, pursuant to sections 1.10.010 and 1.10.020 of the Carlsbad Municipal Code. 7. The Director of Emergency Services or designee is authorized to enter into any contracts related to the enforcement of this Order, as amended from time to time. 8. Should the directives of the State's Face Covering Guidance, the County Health Order, this Order, or any regulations promulgated thereunder conflict, the stricter regulation shall apply. 9. Section 4 of this Order and any regulations promulgated under Section 5 of this Order shall be enforceable by: (a) the Carlsbad Police Department and any city officer or employee granted authority to issue written notices to appear pursuant to Carlsbad Municipal Code section 1.08, to be enforced as a misdemeanor pursuant to Government Code sectipn 8665 or Carlsbad Municipal Code section 6.04.130; or (b) any enforcement officer as defined in Carlsbad Municipal Code section 1.10.010, through the issuance of an administrative citation under Carlsbad Municipal Code section 6.04.130, in accordance with Chapter 1.10 of the Carlsbad Municipal Code. The issuance of a Notice of Violation is not necessary prior to issuing an administrative citation, and all corrective July 28, 2020 Item #11 Page 11 of 13 Jan. 5, 2021 Item #1 Page 45 of 328 actions shall be immediately required. Pursuant to section 1.10.100(A) of the Carlsbad Municipal Code, the amount of the administrative penalty for a violation of any provision of, or any regulations issued under, this Order shall be as authorized in California Government Code sections 36900(b)-(d) and 53069.4(a)(1). As of the date of this Order, these penalty amounts are $100 for the first violation; $200 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of, or any regulations issued under, this Order constitutes a separate violation and may be charged and punished separately. 10. Pursuant to Carlsbad Municipal Code section 1.10.110(B), the failure of any person to pay an administrative penalty or late fee within the time specified on the administrative citation without the filling of an appeal will result in the assessment of an additional late fee. The amount of the late fee is 100% of the total amount of the administrative penalty and will be assessed independent of whether the violation has subsequently been corrected. 11. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until 12. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The City Council hereby declares that it would have adopted this Order, and any Supplement thereto, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the resolution would be subsequently declared invalid or unconstitutional. 6 July 28,2020 Item #11 Page 12 of 13 Jan. 5, 2021 Item #1 Page 46 of 328 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2020, by the following vote, to wit: AYES: NAYS: ABSENT: MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) 7 July 28, 2020 Item #11 Page 13 of 13 Jan. 5, 2021 Item #1 Page 47 of 328 Tammy Cloud-McMinn From: jamie harrison <jamieh66@gmail.com> Sent: Saturday, July 25, 2020 8:58 AM To: City Clerk All Receive - Agenda Item # 1i Subject: Mask enforcement For the Information of the: CITY COUNCIL Date JJ CA cc Good morning, Cm ACM DCM (3) - I am writing to you about the topic of mask enforcement that is on the schedule. I am a actual Carlsbad resident. While I do believe that wearing a mask when social distancing isn't possible is important I do not believe that let enforcement should be used to enforce it. There are many different reports out now that say that masks 90% of the population wear do nothing. That the mask actually need to be 2 ply and and have specific characteristics. Therefore enforcing the mask law makes it difficult, you would also need to check everyone's mask to see if it is two ply Or actually effective. Please do not use police to enforce mask rules. Jamie Harrison CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 48 of 328 Tammy Cloud-McMinn From: Fernando Granizo <fernandogranizojr@gmail.com > Sent: Saturday, July 25, 2020 10:23 AM To: City Clerk All Receive - Agenda Item # 1 i Subject: Council meeting: COVID-19 For the Information of the: CITY COUNCIL Date --) 'I Dear councilmen: CM ACM , DCM (3) — 1. I am concerned that the mask mandate provides a false sense of security. The research is mixed at best. The public does not have N95 or better masks to provide an adequate level of protection. 2. The mask mandate treads on our freedoms. You will enforce mandates using the police. What happens if someone refuses to wear it? Fines? If they refuse to pay the fine? Arrest? Jail time? 3. I support helping our local business move outdoor to keep them operational. I hope that the city council has the wisdom and courage to stand up for truth and real science. Sincerely, Fernando Granizo M.S. Chemical Engineering Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 49 of 328 Tammy Cloud-McMinn From: Elisabeth Zuniga <elisabethzuniga@mac.com > Sent: Saturday, July 25, 2020 8:44 PM To: City Clerk Subject: Please read at council meeting To who it may concern, All Receive - Agenda Item # i For the Information of the: Clly COUNCIL Date 7 ) CC - CM --- ACM DCM (3) I am a Carlsbad resident and am terribly concerned about our city enforcing the wearing of facial coverings. The wearing of facial coverings should be treated as a recommendation. There are many of our residents who fall into the exempt category and should never be asked to wear one. I believe enforcing this mandate (it is not a law) is a violation of our personal liberties. Please consider this, Elisabeth Zuniga CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 50 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: City Council - Shauna Hurst <hurst.shauna@gmail.com > Saturday, July 25, 2020 1:10 PM City Clerk City Council Meeting - July 28th - Item #11 All Receive - Agenda Item # For the Information of the: CITY COUNCIL Date CA - CC CM ACM (3) I strongly urge the Council to oppose Item 11 - Administrative Enforcement of Facial Coverings with the City of Carlsbad. The state and county have already mandated facial coverings for our state and county - WE DO NOT NEED OUR POLICE writing citations to enforce these orders. Let's keep life in Carlsbad rad by civilly asking citizens, businesses and visitors to do the right thing...but let's not make Carlsbad a police state. Shauna Hurst CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 51 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Kate C <kc171789@gmail.com > Monday, July 27, 2020 12:05 PM City Clerk Masks (please read at meeting) All Receive - Agenda Item # For the Information of the: CITY COUNCIL Date CA CC -- CM -ACM -DCM (3) - Please enforce masks. As a young immunocompromised member of the community who has worked this entire pandemic the disrespect and disregard of others is insane. People can't respectfully understand the masks are here to help stop the spread and not "take away liberties". Those who refuse to wear a mask are putting citizens working for hours on end serving the public at risk. The virus will only get worse in our small town. Please help. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 5, 2021 Item #1 Page 52 of 328 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Athena Runner <athena.runner@gmail.com> Monday, July 27, 2020 3:00 PM Council Internet Email; City Clerk Scott Chadwick All Receive - Agenda Item # 1/ For the Information of the: CITY COUNCIL Date CM ----ACM -ciovi (3) - Agenda Item 11: Item 11 - Administrative Enforcement of Facial Coverings Dear Mayor Hall, Mayor Pro Tern Blackburn, Council Member Bhat-Patel, and Council Member Schumacher, Please vote NO on Agenda Item 11, the administrative enforcement of facial coverings within the City of Carlsbad. While acknowledging that wearing masks is the right thing to do at this time, asking our city police to detain and cite people who are not wearing masks will send a horrible message about Carlsbad and potentially violate the rights of Carlsbad residents and visitors to our city. The men and women of our police force work hard at positive community engagement and this will have a negative effect on that relationship, which could extend long after we are out of this pandemic. As Chief Gallucci said at the last city council meeting, detaining people without knowing for certain if they are willfully violating the health order puts police officers in an awkward and constitutionally questionable position. We are already under state and county health orders. We do not need an additional emergency order stating the same thing for Carlsbad. I request that the City of Carlsbad continue to seek compliance with the facial covering aspect of the existing health orders via education, not administrative enforcement. Please vote NO on Agenda Item 11 from a mask-wearing, 23-year resident of Carlsbad. Thank you. Best regards, Athena Runner 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 53 of 328 Tammy Cloud-McMinn All Receive - Agenda Item # II For the Information ot the: From: M. Curtin <mcurtin612@hotmail.com > CITY COUNCIL Sent: Tuesday, July 28, 2020 7:30 AM Date V CA CC / -- To: Council Internet Email; City Clerk CM ACM DCM (3) Subject: Public Comment on Agenda Item 11 - ADMINISTRATIVE ENFORCEMENT OF THE FACIAL COVERING REQUIREMENTS OF STATE AND COUNTY PUBLIC HEALTH ORDERS Even the City Clerk's time to place this item on the Agenda was a complete waste. Any time spent on discussing it at Council is also a complete waste of both Council members' and the viewing public's time. Please immediately vote NO and be done with this item that is more than sufficiently addressed at the County and State level. Mike Curtin Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 54 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Kelli Moors <moors.kelli@gmail.com > Tuesday, July 28, 2020 8:52 AM City Clerk Item #11 July 28 2020 Agenda Public Comment All Receive - Agenda Item # J / For the Information of the: CFY COUNCIL Date -7/ 3 C:CA CC CM -'ACM .-DCM (3) Dear Mayor and Council Members, I strongly support the adoption of a resolution to enforce the wearing of face coverings in the City of Carlsbad. The science is overwhelming, the public health order is clear, and the need is immediate. The City has done an admirable job of encouraging and educating Carlsbad residents about the need and direction on wearing masks. Results are mixed. I gave up my beloved walks along our seawall months ago, as it was apparent that the wearing of masks is inconsistent at best. I no longer feel comfortable strolling the downtown area, as sidewalks are crowded and many people are without face coverings. It appears that issuing citations and levying fines will be necessary to increase compliance. We already have leash laws, with the city personnel writing tickets to those who are caught violating these rules. I live near Agua Hedionda lagoon and frequently hear dog owners warning each other about the strict enforcement of leash rules and their firsthand experience of being ticketed. Hearing this, owners quickly snap leashes on their dogs. Please apply this lesson to our community's public health. Businesses have suffered, school campuses cannot open safely, and many of us have gone months without seeing friends and loved ones. It should be common sense and common courtesy to wear a mask, but perhaps the threat of a ticket and fine will make it common practice. Kelli Moors Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 55 of 328 Tammy Cloud-McMinn All Paroivra . Acumnrla !tom ft i For the Information of the: From: RF Ames <rfannes@yahoo.com > CITY COUNCIL Sent: Monday, July 27, 2020 4:55 PM Date CA -CC To: City Clerk CM ACM DCM (3) Subject: City Council Meeting Tuesday July 28, 2020 - Agenda Item #11 Attachments: Denis G. Rancourt PhD April 2020 Masks Don't Work A review of science relevant to COVID-19 social policy .pdf; Cloth Masks do not work.pdf Please read this statement into the record. RE: Agenda Item #11 ADMINISTRATIVE ENFORCEMENT OF THE FACIAL COVERING REQUIREMENTS OF STATE & COUNTY PUBLIC HEALTH ORDERS My name is Russell Ames. A Carlsbad resident for 33 years, homeowner and business owner. How does the Carlsbad City Council intend to safely enforce a face mask mandate? Will the CPD be required to enforce and cite people for not wearing a face mask? Will the CPD also cite people for not properly wearing a face mask? Currently in several cities all over the United Sates law enforcement officers are under attack. I do not think it is a wise decision for the Carlsbad City Council to put our CPD in an unsafe (and unconstitutional) position by having them enforce mandatory face masks. It is also very possible Carlsbad City Council mandating face masks might encourage lawsuits that cost citizens large sums of money to litigate. It is also probable protests will erupt if the Carlsbad City Council mandates face masks. If San Diego County unelected bureaucrats want to mandate masks, why not have them enforce their mandate? According to some scientists Cloth Masks do not work, nor do Surgical Masks. Only N95 Respirator Masks theoretically work. Most people are not using the mask correctly. A lot of people reuse disposable masks over & over again. Disposable masks are supposed to be used only once. People constantly touch their face & mask rendering it ineffective. A lot of people walk around with the mask under their nose. It is impossible to mandate 100% of the people effectively use face masks. In place of a face mask mandate I suggest the city council develop a public awareness campaign to educate people on how to effectively use a face mask and how to properly disinfect/sanitize themselves. I have yet to hear one politician or bureaucrat talk about boosting our immune systems so we can naturally fight off viruses, diseases and even cancer. Face masks interfere with our immune systems function and interfere with our bodies natural defense mechanisms. I have spent many hours studying the pros & cons of the face mask and clearly there is not any scientific proof masks are doing anything to keep us safe from COVID-19. In my desire to educate myself on face masks I found this informative article written by Denis Rancourt, PhD, a former professor of physics at the University of Ottawa. This article includes several scientific studies and white paper links. The article is titled: Masks Don't Work: A Review of Science Relevant to COVID-19 Social Policy. Please include the attached pdf into the record of this council meeting. Link to article by Denis Rancourt, PhD. Masks Don't Work: A Review of Science Relevant to COVID-19 Social Policy. https://www.abqreport.com/single-post/2020/06/24/Masks-Don%E2%80%99t-Work-A-Review-of-Science- Relevant-to-COVID-19-Social-Policy 1 Jan. 5, 2021 Item #1 Page 56 of 328 Respectfully, Russell Ames CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Jan. 5, 2021 Item #1 Page 57 of 328 1 Masks Don't Work A review of science relevant to COVID-19 social policy Denis G. Rancourt, PhD Researcher, Ontario Civil Liberties Association (ocla.ca ) Working report, published at Research Gate (https://www.researchgate.net/profile/D Rancourt) April 2020 Summary / Abstract Masks and respirators do not work. There have been extensive randomized controlled trial (RCT) studies, and meta-analysis reviews of RCT studies, which all show that masks and respirators do not work to prevent respiratory influenza-like illnesses, or respiratory illnesses believed to be transmitted by droplets and aerosol particles. Furthermore, the relevant known physics and biology, which I review, are such that masks and respirators should not work. It would be a paradox if masks and respirators worked, given what we know about viral respiratory diseases: The main transmission path is long-residence-time aerosol particles (<2.5 lim), which are too fine to be blocked, and the minimum-infective-dose is smaller than one aerosol particle. The present paper about masks illustrates the degree to which governments, the mainstream media, and institutional propagandists can decide to operate in a science vacuum, or select only incomplete science that serves their interests. Such recklessness is also certainly the case with the current global lockdown of over 1 billion people, an unprecedented experiment in medical and political history. Jan. 5, 2021 Item #1 Page 58 of 328 2 Review of the Medical Literature Here are key anchor points to the extensive scientific literature that establishes that wearing surgical masks and respirators (e.g., "N95") does not reduce the risk of contracting a verified illness: Jacobs, J. L. et al. (2009) "Use of surgical face masks to reduce the incidence of the common cold among health care workers in Japan: A randomized controlled trial", American Journal of Infection Control, Volume 37, Issue 5, 417- 419. https://www.ncbi.nlm.nih.gov/pubmed/19216002 N95-masked health-care workers (HCW) were significantly more likely to experience headaches. Face mask use in HCW was not demonstrated to provide benefit in terms of cold symptoms or getting colds. Cowling, B. et al. (2010) "Face masks to prevent transmission of influenza virus: A systematic review", Epidemiology and Infection, 138(4), 449-456. doi:10.1017/50950268809991658 https://www.cannbridge.org/corehournals/epidemiology-and-infection/article/face- masks-to-prevent-transmission-of-influenza-virus-a-systematic- review/64D368496EBDEOAFCC6639CCC9D8BC05 None of the studies reviewed showed a benefit from wearing a mask, in either HCW or community members in households (H). See summary Tables 1 and 2 therein. bin-Reza et al. (2012) "The use of masks and respirators to prevent transmission of influenza: a systematic review of the scientific evidence", Influenza and Other Respiratory Viruses 6(4), 257-267. https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1750-2659.2011.00307.x "There were 17 eligible studies.... None of the studies established a conclusive relationship between mask/respirator use and protection against influenza infection." Smith, J.D. et al. (2016) "Effectiveness of N95 respirators versus surgical masks in protecting health care workers from acute respiratory infection: a systematic review and meta-analysis", CMAJ Mar 2016, cmaj.150835; DOI: 10.1503/cmaj.150835 https://www.cmaj.ca/content/188/8/567 "We identified 6 clinical studies ... In the meta-analysis of the clinical studies, we found no significant difference between N95 respirators and surgical masks in associated risk of (a) laboratory-confirmed respiratory infection, (b) influenza-like illness, or (c) reported work-place absenteeism." Jan. 5, 2021 Item #1 Page 59 of 328 Offeddu, V. et al. (2017) "Effectiveness of Masks and Respirators Against Respiratory Infections in Healthcare Workers: A Systematic Review and Meta-Analysis", Clinical Infectious Diseases, Volume 65, Issue 11, 1 December 2017, Pages 1934-1942, https://doi.org/10.1093/cid/cix681 https://academic.oup.com/cid/article/65/11/1934/4068747 "Self-reported assessment of clinical outcomes was prone to bias. Evidence of a protective effect of masks or respirators against verified respiratory infection (VRI) was not statistically significant"; as per Fig. 2c therein: Study rPPF. iirsi Control VRI RR (95'4 Macirityre 2011 N95 13/949 36.1 15/481 0.44 (0.21, 0.92) MacIntyre 2015 tiled 19/580 36.5 18/458 0.83 ((1.44. 1.57) Muclrityre• 2011 rued 13/492 27,4 15/481 0.85 (0.41, 1.761 Overall (I-squared = 4.6%, p = 0350) 0_70 (0.47, 1.03) 100.0 .025 .125 .25 .5 I 2 4 8 favours rPPE favours no rPPE Risk ratio Radonovich, L.J. et al. (2019) "N95 Respirators vs Medical Masks for Preventing Influenza Among Health Care Personnel: A Randomized Clinical Trial", JAMA. 2019; 322(9): 824-833. doi:10.1001/jama.2019.11645 https://jamanetwork.com/journals/jama/fullarticle/2749214 "Among 2862 randomized participants, 2371 completed the study and accounted for 5180 HCW-seasons.... Among outpatient health care personnel, N95 respirators vs medical masks as worn by participants in this trial resulted in no significant difference in the incidence of laboratory-confirmed influenza." Long, Y. et al. (2020) "Effectiveness of N95 respirators versus surgical masks against influenza: A systematic review and meta-analysis", J Evid Based Med. 2020; 1- 9. https://doi.org/10.1111/jebm.12381 https://onlinelibrary.wiley.comicloi/epdf/10.1111/iebm.12381 "A total of six RCTs involving 9 171 participants were included. There were no statistically significant differences in preventing laboratory-confirmed influenza, laboratory-confirmed respiratory viral infections, laboratory-confirmed respiratory infection and influenza-like illness using N95 respirators and surgical masks. Meta-analysis indicated a protective effect of N95 respirators against laboratory-confirmed bacterial colonization (RR = 0.58, 95% Cl 0.43-0.78). The 3 Jan. 5, 2021 Item #1 Page 60 of 328 4 use of N95 respirators compared with surgical masks is not associated with a lower risk of laboratory-confirmed influenza." Conclusion Regarding that Masks Do Not Work No RCT study with verified outcome shows a benefit for HCW or community members in households to wearing a mask or respirator. There is no such study. There are no exceptions. Likewise, no study exists that shows a benefit from a broad policy to wear masks in public (more on this below). Furthermore, if there were any benefit to wearing a mask, because of the blocking power against droplets and aerosol particles, then there should be more benefit from wearing a respirator (N95) compared to a surgical mask, yet several large meta-analyses, and all the RCT, prove that there is no such relative benefit. Masks and respirators do not work. Precautionary Principle Turned on Its Head with Masks In light of the medical research, therefore, it is difficult to understand why public-health authorities are not consistently adamant about this established scientific result, since the distributed psychological, economic and environmental harm from a broad recommendation to wear masks is significant, not to mention the unknown potential harm from concentration and distribution of pathogens on and from used masks. In this case, public authorities would be turning the precautionary principle on its head (see below). Physics and Biology of Viral Respiratory Disease and of Why Masks Do Not Work In order to understand why masks cannot possibly work, we must review established knowledge about viral respiratory diseases, the mechanism of seasonal variation of excess deaths from pneumonia and influenza, the aerosol mechanism of infectious disease transmission, the physics and chemistry of aerosols, and the mechanism of the so-called minimum-infective-dose. In addition to pandemics that can occur anytime, in the temperate latitudes there is an extra burden of respiratory-disease mortality that is seasonal, and that is caused by viruses. For Jan. 5, 2021 Item #1 Page 61 of 328 0.05 0.09 fa 0.08 ;75 0,07 o. o 0.06 ca ce —Observed P&I ratio —Predicted Baseline 2009 Pandemic 5 example, see the review of influenza by Paules and Subbarao (2017). This has been known for a long time, and the seasonal pattern is exceedingly regular. For example, see Figure 1 of Viboud (2010), which has "Weekly time series of the ratio of deaths from pneumonia and influenza to all deaths, based on the 122 cities surveillance in the US (blue line). The red line represents the expected baseline ratio in the absence of influenza activity," here: 122 cities weekly P&I mortality data 0 N rn **- o o o o C) o 0 0 0 N N ciSjc 6. C a :144 r::,4 a& U) U) U) GO (l) , ID .- cO (5) 0 0 Cr 0 0 0 0 0 'N .. NN 0. O. O. a a 41) Ccf;.!4!f U] CO CO LOI Date The seasonality of the phenomenon was largely not understood until a decade ago. Until recently, it was debated whether the pattern arose primarily because of seasonal change in virulence of the pathogens, or because of seasonal change in susceptibility of the host (such as from dry air causing tissue irritation, or diminished daylight causing vitamin deficiency or hormonal stress). For example, see Dowell (2001). In a landmark study, Shaman et al. (2010) showed that the seasonal pattern of extra respiratory-disease mortality can be explained quantitatively on the sole basis of absolute humidity, and its direct controlling impact on transmission of airborne pathogens. Lowen et al. (2007) demonstrated the phenomenon of humidity-dependent airborne-virus virulence in actual disease transmission between guinea pigs, and discussed potential underlying mechanisms for the measured controlling effect of humidity. Jan. 5, 2021 Item #1 Page 62 of 328 6 The underlying mechanism is that the pathogen-laden aerosol particles or droplets are neutralized within a half-life that monotonically and significantly decreases with increasing ambient humidity. This is based on the seminal work of Harper (1961). Harper experimentally showed that viral-pathogen-carrying droplets were inactivated within shorter and shorter times, as ambient humidity was increased. Harper argued that the viruses themselves were made inoperative by the humidity ("viable decay"), however, he admitted that the effect could be from humidity-enhanced physical removal or sedimentation of the droplets ("physical loss"): "Aerosol viabilities reported in this paper are based on the ratio of virus titre to radioactive count in suspension and cloud samples, and can be criticized on the ground that test and tracer materials were not physically identical." The latter ("physical loss") seems more plausible to me, since humidity would have a universal physical effect of causing particle / droplet growth and sedimentation, and all tested viral pathogens have essentially the same humidity-driven "decay". Furthermore, it is difficult to understand how a virion (of all virus types) in a droplet would be molecularly or structurally attacked or damaged by an increase in ambient humidity. A "virion" is the complete, infective form of a virus outside a host cell, with a core of RNA or DNA and a capsid. The actual mechanism of such humidity-driven intra-droplet "viable decay" of a virion has not been explained or studied. In any case, the explanation and model of Shaman et al. (2010) is not dependant on the particular mechanism of the humidity-driven decay of virions in aerosol / droplets. Shaman's quantitatively demonstrated model of seasonal regional viral epidemiology is valid for either mechanism (or combination of mechanisms), whether "viable decay" or "physical loss". The breakthrough achieved by Shaman et al. is not merely some academic point. Rather, it has profound health-policy implications, which have been entirely ignored or overlooked in the current coronavirus pandemic. In particular, Shaman's work necessarily implies that, rather than being a fixed number (dependent solely on the spatial-temporal structure of social interactions in a completely susceptible population, and on the viral strain), the epidemic's basic reproduction number (RO) is highly or predominantly dependent on ambient absolute humidity. For a definition of RO, see HealthKnowlege-UK (2020): RO is "the average number of secondary infections produced by a typical case of an infection in a population where everyone is susceptible." The average RO for influenza is said to be 1.28 (1.19-1.37); see the comprehensive review by Biggerstaff et al. (2014). In fact, Shaman et al. showed that RO must be understood to seasonally vary between humid- summer values of just larger than "1" and dry-winter values typically as large as "4" (for example, see their Table 2). In other words, the seasonal infectious viral respiratory diseases that plague temperate latitudes every year go from being intrinsically mildly contagious to Jan. 5, 2021 Item #1 Page 63 of 328 7 virulently contagious, due simply to the bio-physical mode of transmission controlled by atmospheric humidity, irrespective of any other consideration. Therefore, all the epidemiological mathematical modelling of the benefits of mediating policies (such as social distancing), which assumes humidity-independent RO values, has a large likelihood of being of little value, on this basis alone. For studies about modelling and regarding mediation effects on the effective reproduction number, see Coburn (2009) and Tracht (2010). To put it simply, the "second wave" of an epidemic is not a consequence of human sin regarding mask wearing and hand shaking. Rather, the "second wave" is an inescapable consequence of an air-dryness-driven many-fold increase in disease contagiousness, in a population that has not yet attained immunity. If my view of the mechanism is correct (i.e., "physical loss"), then Shaman's work further necessarily implies that the dryness-driven high transmissibility (large RO) arises from small aerosol particles fluidly suspended in the air; as opposed to large droplets that are quickly gravitationally removed from the air. Such small aerosol particles fluidly suspended in air, of biological origin, are of every variety and are everywhere, including down to virion-sizes (Despres, 2012). It is not entirely unlikely that viruses can thereby be physically transported over inter-continental distances (e.g., Hammond, 1989). More to the point, indoor airborne virus concentrations have been shown to exist (in day-care facilities, health centres, and onboard airplanes) primarily as aerosol particles of diameters smaller than 2.5 p.m, such as in the work of Yang et al. (2011): "Half of the 16 samples were positive, and their total virus concentrations ranged from 5800 to 37 000 genome copies m-3. On average, 64 per cent of the viral genome copies were associated with fine particles smaller than 2.5 µm, which can remain suspended for hours. Modelling of virus concentrations indoors suggested a source strength of 1.6 ± 1.2 x 105 genome copies m-3 air h-1 and a deposition flux onto surfaces of 13 ± 7 genome copies M-2 h 1 by Brownian motion. Over 1 hour, the inhalation dose was estimated to be 30 ± 18 median tissue culture infectious dose (TCID50), adequate to induce infection. These results provide quantitative support for the idea that the aerosol route could be an important mode of influenza transmission." Such small particles (<2.5 p.m) are part of air fluidity, are not subject to gravitational sedimentation, and would not be stopped by long-range inertial impact. This means that the slightest (even momentary) facial misfit of a mask or respirator renders the design filtration norm of the mask or respirator entirely irrelevant. In any case, the filtration material itself of Jan. 5, 2021 Item #1 Page 64 of 328 8 N95 (average pore size —0.3-0.51.1m) does not block virion penetration, not to mention surgical masks. For example, see Balazy et al. (2006). Mask stoppage efficiency and host inhalation are only half of the equation, however, because the minimal infective dose (MID) must also be considered. For example, if a large number of pathogen-laden particles must be delivered to the lung within a certain time for the illness to take hold, then partial blocking by any mask or cloth can be enough to make a significant difference. On the other hand, if the MID is amply surpassed by the virions carried in a single aerosol particle able to evade mask-capture, then the mask is of no practical utility, which is the case. Yezli and Otter (2011), in their review of the MID, point out relevant features: • most respiratory viruses are as infective in humans as in tissue culture having optimal laboratory susceptibility • it is believed that a single virion can be enough to induce illness in the host • the 50%-probability MID ("TCID50") has variably been found to be in the range 100-1000 virions • there are typically 103-107 virions per aerolized influenza droplet with diameter 1 lim — 10 im • the 50%-probability MID easily fits into a single (one) aerolized droplet For further background: • A classic description of dose-response assessment is provided by Haas (1993). • Zwart et al. (2009) provided the first laboratory proof, in a virus-insect system, that the action of a single virion can be sufficient to cause disease. • Baccam et al. (2006) calculated from empirical data that, with influenza A in humans, "we estimate that after a delay of —6 h, infected cells begin producing influenza virus and continue to do so for —5 h. The average lifetime of infected cells is —11 h, and the half-life of free infectious virus is —3 h. We calculated the [in-body] basic reproductive number, Ro, which indicated that a single infected cell could produce —22 new productive infections." • Brooke et al. (2013) showed that, contrary to prior modeling assumptions, although not all influenza-A-infected cells in the human body produce infectious progeny (virions), nonetheless, 90% of infected cell are significantly impacted, rather than simply surviving unharmed. All of this to say that: if anything gets through (and it always does, irrespective of the mask), then you are going to be infected. Masks cannot possibly work. It is not surprising, therefore, that no bias-free study has ever found a benefit from wearing a mask or respirator in this application. Jan. 5, 2021 Item #1 Page 65 of 328 Therefore, the studies that show partial stopping power of masks, or that show that masks can capture many large droplets produced by a sneezing or coughing mask-wearer, in light of the above-described features of the problem, are irrelevant. For example, such studies as these: Leung (2020), Davies (2013), Lai (2012), and Sande (2008). Why There Can Never Be an Empirical Test of a Nation-Wide Mask-Wearing Policy As mentioned above, no study exists that shows a benefit from a broad policy to wear masks in public. There is good reason for this. It would be impossible to obtain unambiguous and bias- free results: • Any benefit from mask-wearing would have to be a small effect, since undetected in controlled experiments, which would be swamped by the larger effects, notably the large effect from changing atmospheric humidity. • Mask compliance and mask adjustment habits would be unknown. • Mask-wearing is associated (correlated) with several other health behaviours; see Wada (2012). • The results would not be transferable, because of differing cultural habits. • Compliance is achieved by fear, and individuals can habituate to fear-based propaganda, and can have disparate basic responses. • Monitoring and compliance measurement are near-impossible, and subject to large errors. • Self-reporting (such as in surveys) is notoriously biased, because individuals have the self-interested belief that their efforts are useful. • Progression of the epidemic is not verified with reliable tests on large population samples, and generally relies on non-representative hospital visits or admissions. • Several different pathogens (viruses and strains of viruses) causing respiratory illness generally act together, in the same population and/or in individuals, and are not resolved, while having different epidemiological characteristics. Unknown Aspects of Mask Wearing Many potential harms may arise from broad public policies to wear masks, and the following unanswered questions arise: • Do used and loaded masks become sources of enhanced transmission, for the wearer and others? 9 Jan. 5, 2021 Item #1 Page 66 of 328 10 • Do masks become collectors and retainers of pathogens that the mask wearer would otherwise avoid when breathing without a mask? • Are large droplets captured by a mask atomized or aerolized into breathable components? Can virions escape an evaporating droplet stuck to a mask fiber? • What are the dangers of bacterial growth on a used and loaded mask? • How do pathogen-laden droplets interact with environmental dust and aerosols captured on the mask? • What are long-term health effects on HCW, such as headaches, arising from impeded breathing? • Are there negative social consequences to a masked society? • Are there negative psychological consequences to wearing a mask, as a fear-based behavioural modification? • What are the environmental consequences of mask manufacturing and disposal? • Do the masks shed fibres or substances that are harmful when inhaled? Conclusion By making mask-wearing recommendations and policies for the general public, or by expressly condoning the practice, governments have both ignored the scientific evidence and done the opposite of following the precautionary principle. In an absence of knowledge, governments should not make policies that have a hypothetical potential to cause harm. The government has an onus barrier before it instigates a broad social- engineering intervention, or allows corporations to exploit fear-based sentiments. Furthermore, individuals should know that there is no known benefit arising from wearing a mask in a viral respiratory illness epidemic, and that scientific studies have shown that any benefit must be residually small, compared to other and determinative factors. Otherwise, what is the point of publicly funded science? The present paper about masks illustrates the degree to which governments, the mainstream media, and institutional propagandists can decide to operate in a science vacuum, or select only incomplete science that serves their interests. Such recklessness is also certainly the case with the current global lockdown of over 1 billion people, an unprecedented experiment in medical and political history. Jan. 5, 2021 Item #1 Page 67 of 328 11 Endnotes: Baccam, P. et al. (2006) "Kinetics of Influenza A Virus Infection in Humans", Journal of Virology Jul 2006, 80 (15) 7590-7599; DOI: 10.1128/JVI.01623-05 https://ivi.asm.org/content/80/15/7590 Balazy et al. (2006) "Do N95 respirators provide 95% protection level against airborne viruses, and how adequate are surgical masks?", American Journal of Infection Control, Volume 34, Issue 2, March 2006, Pages 51-57. doi:10.1016/j.ajic.2005.08.018 http://citeseerx.ist.psu.edu/viewdoc/clownload?doi=10.1.1.488.4644&rep=rep1&type=pdf Biggerstaff, M. et al. (2014) "Estimates of the reproduction number for seasonal, pandemic, and zoonotic influenza: a systematic review of the literature", BMC Infect Dis 14, 480 (2014). https://doi.org/10.1186/1471-2334-14-480 Brooke, C. B. et al. (2013) "Most Influenza A Virions Fail To Express at Least One Essential Viral Protein", Journal of Virology Feb 2013, 87 (6) 3155-3162; DOI: 10.1128/JVI.02284-12 https://ivi.asm.org/content/87/6/3155 Coburn, B. J. et al. (2009) "Modeling influenza epidemics and pandemics: insights into the future of swine flu (H1N1)", BMC Med 7, 30. https://doi.org/10.1186/1741-7015-7-30 Davies, A. et al. (2013) "Testing the Efficacy of Homemade Masks: Would They Protect in an Influenza Pandemic?", Disaster Medicine and Public Health Preparedness, Available on CJO 2013 doi:10.1017/dmp.2013.43 http://journals.cambridge.ordabstract S1935789313000438 Despres, V. R. et al. (2012) "Primary biological aerosol particles in the atmosphere: a review", Tel/us B: Chemical and Physical Meteorology, 64:1, 15598, DOI: 10.3402/tellusb.v64i0.15598 https://doi.org/10.3402/tellusb.v64i0.15598 Dowell, S. F. (2001) "Seasonal variation in host susceptibility and cycles of certain infectious diseases", Emerg Infect Dis. 2001;7(3):369-374. doi:10.3201/eid0703.010301 https://www.ncbi.nlm.nih.gov/pmaarticles/PMC2631809/ Hammond, G. W. et al. (1989) "Impact of Atmospheric Dispersion and Transport of Viral Aerosols on the Epidemiology of Influenza", Reviews of Infectious,Diseases, Volume 11, Issue 3, May 1989, Pages 494-497, https://doi.org/10.1093/clinids/11.3.494 Haas, C.N. et al. (1993) "Risk Assessment of Virus in Drinking Water", Risk Analysis, 13: 545-552. doi:10.1111/j.1539-6924.1993.tb00013.x https://doi.org/10.1111/1.1539-6924.1993.tb00013.x Jan. 5, 2021 Item #1 Page 68 of 328 12 HealthKnowlege-UK (2020) "Charter la - Epidemiology: Epidemic theory (effective & basic reproduction numbers, epidemic thresholds) & techniques for analysis of infectious disease data (construction & use of epidemic curves, generation numbers, exceptional reporting & identification of significant clusters)", HealthKnowledge.org.uk, accessed on 2020-04-10. https://www.healthknowledge.org.uk/public-health-textbook/research-methods/la- epidemiology/epidemic-theory Lai, A. C. K. et al. (2012) "Effectiveness of facemasks to reduce exposure hazards for airborne infections among general populations", J. R. Soc. Interface. 9938-948 http://doi.org/10.1098/rsif.2011.0537 Leung, N.H.L. et al. (2020) "Respiratory virus shedding in exhaled breath and efficacy of face masks", Nature Medicine (2020). https://doi.org/10.1038/s41591-020-0843-2 Lowen, A. C. et al. (2007) "Influenza Virus Transmission Is Dependent on Relative Humidity and Temperature", PLoS Pathog 3(10): e151. https://doi.org/10.1371/iournal.ppat.0030151 Paules, C. and Subbarao, S. (2017) "Influenza", Lancet, Seminar I Volume 390, ISSUE 10095, P697-708, August 12, 2017. http://dx.doi.org/10.1016/S0140-6736(17)30129-0 Sande, van der, M. et al. (2008) "Professional and Home-Made Face Masks Reduce Exposure to Respiratory Infections among the General Population", PLoS ONE 3(7): e2618. doi:10.1371/journal.pone.0002618 https://doi.org/10.1371/iournal.pone.0002618 Shaman, J. et al. (2010) "Absolute Humidity and the Seasonal Onset of Influenza in the Continental United States", PLoS Biol 8(2): e1000316. https://doi.org/10.1371/journal.pbio.1000316 Tracht, S. M. et al. (2010) "Mathematical Modeling of the Effectiveness of Facemasks in Reducing the Spread of Novel Influenza A (H1N1)", PLoS ONE 5(2): e9018. doi:10.1371/journal.pone.0009018 https://doi.org/10.1371/iournal.pone.0009018 Viboud C. et al. (2010) "Preliminary Estimates of Mortality and Years of Life Lost Associated with the 2009 A/H1N1 Pandemic in the US and Comparison with Past Influenza Seasons", PLoS Curr. 2010; 2:RRN1153. Published 2010 Mar 20. doi:10.1371/currents.rrn1153 https://www.ncbi.nlm.nih.govipmcjarticles/PMC2843747/ Wada, K. et al. (2012) "Wearing face masks in public during the influenza season may reflect other positive hygiene practices in Japan", BMC Public Health 12, 1065 (2012). https://doi.org/10.1186/1471-2458-12-1065 Jan. 5, 2021 Item #1 Page 69 of 328 13 Yang, W. et al. (2011) "Concentrations and size distributions of airborne influenza A viruses measured indoors at a health centre, a day-care centre and on aeroplanes", Journal of the Royal Society, Interface. 2011 Aug;8(61):1176-1184. DOI: 10.1098/rsif.2010.0686. https_://royalsocietypublishing.org/doi/10.1098/rsif.2010.0686 Yezli, S., Otter, J.A. (2011) "Minimum Infective Dose of the Major Human Respiratory and Enteric Viruses Transmitted Through Food and the Environment", Food Environ Virol 3,1-30. https://doi.org/10.1007/s12560-011-9056-7 Zwart, M. P. et al. (2009) "An experimental test of the independent action hypothesis in virus— insect pathosystems", Proc. R. Soc. B. 2762233-2242 http://doi.org/10.1098/rspb.2009.0064 Jan. 5, 2021 Item #1 Page 70 of 328 How does the Carlsbad City Council intend to safely enforce a face mask mandate? Will the CPD be required to enforce and cite people for not wearing a face mask? Will the CPD also cite people for not properly wearing a face mask? Currently in several cities all over the United Sates law enforcement officers are under attack. I do not think it is a wise decision for the Carlsbad City Council to put our CPD in an unsafe (and unconstitutional) position by having them enforce mandatory face masks. It is also very possible Carlsbad City Council mandating face masks might encourage lawsuits that cost citizens large sums of money to litigate. It is also probable protests will erupt if the Carlsbad City Council mandates face masks. If San Diego County unelected bureaucrats want to mandate masks, why not have them enforce their mandate? According to some scientists Cloth Masks do not work, nor do Surgical Masks. Only N95 Respirator Masks theoretically work. Most people are not using the mask correctly. A lot of people reuse disposable masks over & over again. Disposable masks are supposed to be used only once. People constantly touch their face & mask rendering it ineffective. A lot of people walk around with the mask under their nose. It is impossible to mandate 100% of the people effectively use face masks. In place of a face mask mandate I suggest the city council develop a public awareness campaign to educate people on how to effectively use a face mask and how to properly disinfect/sanitize themselves. I have yet to hear one politician or bureaucrat talk about boosting our immune systems so we can naturally fight off viruses, diseases and even cancer. Face masks interfere with our immune systems function and interfere with our bodies natural defense mechanisms. I have spent many hours studying the pros & cons of the face mask and clearly there is not any scientific proof masks are doing anything to keep us safe from COVID-19. In my desire to educate myself on face masks I found this informative article written by Denis Rancourt, PhD, a former professor of physics at the University of Ottawa. This article includes several scientific studies and white paper links. The article is titled: Masks Don't Work: A Review of Science Relevant to COVID-19 Social Policy. Please include the attached pdf into the record of this council meeting. Link to article by Denis Rancourt, PhD. Masks Don't Work: A Review of Science Relevant to COVID-19 Social Policy. https://vvww.abgreport.com/single-post/2020/06/24/Masks-Don%E2%80%99t-Work-A- Review-of-Science-Relevant-to-COVID-19-Social-Policy Respectfully, Russell Ames Jan. 5, 2021 Item #1 Page 71 of 328 Tammy Cloud-McMinn From: Heather Chalmers All Receive - Agenda Item # i i Sent: Tuesday, July 28, 2020 9:17 AM For the Information of the: To: City Clerk CITY COUNCIL Subject: Masks Date -?, -i-s?CA ,,- CC -- CM —ACM - DCM (3) Masks are creating divide amongst our city. The death rate of this virus no longer suggests a pandemic thus we should not be required to wear masks. The new case counts are unreliable and should not be a factor in this decision making process. Many people who do not expand their education on this matter only look to major news channels and all they know is what they want you to hear, and this has caused u due fear in many citizens and it needs to stop. These fearful citizens look at others who do not wear masks, those who have educated themselves past major news stations, as if we want to harm them thus creating this horrible divide. Please consider retracting this unconstitutional mandate, allowing citizens choice, for the good of our community. Thank you. —Heather Chalmers CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 72 of 328 Tammy Cloud-McMinn All Receive - Agenda Item For the Information of the: CITY COUNCIL LJdL I LL , From: Briana Corso CM ACM DCM (3) Sent: Tuesday, July 28, 2020 9:21 AM To: Council Internet Email; City Clerk Subject: Item 11 - Administrative Enforcement of the Facial Covering Requirements of State and County Public Health Orders Mayor and City Council Members, Please pass the draft resolution that permits local administrative enforcement of the face covering mandate. Unfortunately, the outreach efforts by Carlsbad's law enforcement officers and public servants have been insufficient to change the behavior of our citizens. The Village and the seawall have become places that cause me and my family great consternation because the sidewalks are packed with people — shoulder to shoulder — and only a portion use face coverings. My children laugh at the large electronic "MASK REQUIRED" sign that is along Carlsbad Boulevard because they can see the dozens of noncompliant people that walk past it with no repercussions. While my children laugh at that situation, I feel anger because I know that their noncompliance just means that this pandemic will stretch out longer. Like everyone else, I want to return to my pre-pandemic life. This will only happen if we use all the tools at our disposal to push down these COVID numbers, including active enforcement of the face covering mandate. Regards, Briana Corso CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 73 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Hilary P Tuesday, July 28, 2020 1:17 PM City Clerk Responsible Carlsbad Resident IMG_4212._jpg All Receive - Agenda Item # ; For the Information of the: 9TY COUNCIL Date Ti! ---- CC CM --ACM DCM (3) Please read before the city council meeting today at 3pm. Dear Honorable Mayor Hall and City Council, I want to address item #11 on the City Council Agenda today, Enforcement of Facial Coverings for all Carlsbad Residents. I believe the attached photo of Dr Fauci, The Director of Infectious Diseases, taken just last Friday, July 24th at the Nationals Baseball game with NO mask on clearly demonstrates the real science behind wearing a mask to stop the spread of Covid-19. Please keep the freedom of Carlsbad Residents alive and not have us all live in fear!!! This disease is not going anywhere anytime soon and we are all making individual efforts to mitigate the spread. As we all know and no one is willing to discuss, the second wave is a direct effect of the 1,000's of people protesting and rioting in the streets throughout California for the last several weeks. Evidence shows the biggest spike in Covid Spread in Los Angeles county is 40 and under. Do not penalize Carlsbad residents that have been acting responsibly and social distancing. Please vote NO on adopting resolution #11 on Facial Coverings. Thank you, Hilary paane CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 5, 2021 Item #1 Page 74 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Carlsbad City Council Members, Karen Annelio Tuesday, July 28, 2020 1:54 PM City Clerk Please vote No on resolution. #11 All Receive - Agenda Item # For the Information of the: CIFY_COU NCI L Date -701 `_n CA CC - CM = ACM -- DCM (3) Please keep the freedom of Carlsbad Residents alive and not have us all live in fear!!! This COVID19 disease is not going away anytime soon and we are all making individual efforts to mitigate the spread. We all seem pretty sure about it but, no one is willing to discuss the fact that the second wave is a direct effect of the 1,000's of people protesting and rioting in the streets throughout California for the last several weeks. Most citizens of CBad are co operating already with mask requests/requirements when entering businesses or stores. Evidence shows the biggest spike in Covid Spread in Los Angeles county is 40 and under. Please do not penalize Carlsbad residents that have been acting responsibly and social distancing. Please vote NO on adopting resolution #11 on Facial Coverings. Thank you, Karen& Frank Amelio Carlsbad 92011 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 5, 2021 Item #1 Page 75 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Jen Bray Tuesday, July 28, 2020 1:54 PM City Clerk Item 11: face covering enforcement All Receive - Agenda Item # For the Information of the: CITY COUNCIL Date -71J ;CA ----CC CM - ACM DCM (3) -- Opposition to administrative enforcement of face coverings when these are suggestions and "guidance", specifically for outdoors when at the beach or exercising. I am fine with complying indoors to face masks. Please consider more education and encouragement versus more control and bigger government. Where will the funds come from to pay enforcers? Here is what the health order states. Note the words "suggest" and "could". There is scientific evidence to suggest the opposite as well. "How well do cloth face coverings work to prevent spread of COVID-19? There is scientific evidence to suggest that use of cloth face coverings by the public during a pandemic could help reduce disease transmission. Their primary role is to reduce the release of infectious particles into the air when someone speaks, coughs, or sneezes, including someone who has COVID-19 but feels well." Thank you, Joseph Enteran Sent from AOL Mobile Mail Get the new AOL app: mail.mobile.aol.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 76 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Steven_Julia Huff Tuesday, July 28, 2020 10:46 AM City Clerk Wearing Masks All Receive - Agenda Item # / For the Information of the: CITY COUNCIL Date CA COv CM --ACM DCM (3) My husband and I are Carlsbad residents for many years. We would like to see the proposed facial covering resolution be passed. Thanks, Steven and Julia Huff Carlsbad, CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Jan. 5, 2021 Item #1 Page 77 of 328 Tammy Cloud-McMinn From: Sent: To: Subject: Liam Ferguson Tuesday, July 28, 2020 11:41 AM City Clerk; Matthew Hall; Keith Blackburn City Council Meeting July 28th All Receive - Agenda Item fl 1/ For the Information of the: CITY COUNCIL Date :=21-7 CA v CC CM --ACM DCM (3) — Please read before the city council meeting today at 3pnl. Dear Honorable Mayor Hall and City Council, I want to address item #11 on the City Council Agenda today, Enforcement of Facial Coverings for all Carlsbad Residents. I believe the attached photo of Dr Fauci, The Director of Infectious Diseases, taken just last Friday, July 24th at the Nationals Baseball game with NO mask on clearly demonstrates the real science behind wearing a mask to stop the spread of Covid-19. Please keep the freedom of Carlsbad Residents alive and not have us all live in fear!!! This disease is not going anywhere anytime soon and we are all making individual efforts to mitigate the spread. As we all know and no one is willing to discuss, the second wave is a direct effect of the 1,000's of people protesting and rioting in the streets throughout California for the last several weeks. Evidence shows the biggest spike in Covid Spread in Los Angeles county is 40 and under. Do not penalize Carlsbad residents that have been acting responsibly and social distancing. Please vote NO on adopting resolution #11 on Facial Coverings. Thank you, Liam Ferguson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 78 of 328 Exhibit 6 Mia De Marzo From: Sent: To: Subject: Dear City Council:· Wednesday, December 30, 2020 4:07 PM City Clerk RE: "PEACEFUL PROTESTING" agenda on Council Meeting--Dec. 30th, 2020 WE, the collective people of Carlsbad, truly understand the difficulty of the current situation we are in. The recent "peaceful protest" by some our restaurants is a reminder of the challenges we face. However, my wife and I fully SUPPORT this movement. Why? Because we go to Von's, Walgreens, Wal mart, Costco, Home Depot, etc. and many other venues full of massive amounts of people and we just scratch our heads wondering ........ how is this so "safe"? These places are filled with hundreds of people! In one place we waited in line to check out for 18 minutes! And yet we are not supposed to congregate with more than 10 people? Also, some of these places are not cleaning like they were during the summer. Then one evening we DINE OUTDOORS at one of our local spots, there are only a small amount of people, all socially distant, wearing masks, watching the restaurant clean our table before we sit. We felt much 'safer and cleaner' there than in the big stores! I am not telling you anything that is not already known. These venues are beyond struggling, and yet doing their very best to give us a safe environment in which to dine. They have very little choices remaining to make money, which is why we are out there supporting them. Just imagine our community with all these small places shut down-----permanently. These locals are NOT the medium and big chains, with the depth of pocket to survive this mess. They are not the problem. If anything, put in place a "curfew" of 11pm for all places. Bars & restaurants do not need to operate pass that except for takeout only. Please leave them open and allow all the others in our community to open, in the same manner they currently are under (masks, 50% in and outdoor dining), struggling, yet providing local service to our community! And help them keep their doors open and staff alive. Struggling is better than dead. Somebody has got to start caring, God knows this Federal government does not seem too, but we at least should. Respectfully, Skip Allen !CAUTION: Do not open attachments or click on links unless you recoghize the sender and know the content is safe.I 1 Exhibit 6 Jan. 5, 2021 Item #1 Page 79 of 328 Mia De Marzo From: Sent: To: Subject: Hi there, Marina Rose Thursday, December 31, 2020 2:01 PM City Clerk Comments Regarding Businesses Not Following Public Health Order Please see below comments for a concerned citizen's perspective on the back of enforcement of public health orders which is to be discussed at the next city council meeting: I am writing to express my extreme concern as someone who lives and works in the city of Carlsbad at the continued operation of in- person dining and entertainment services by many Carlsbad businesses in violation of the public health orders, particularly in light of the recent record increases in in covid-19 infections and hospitalizations. Many are doing so openly and in a manner that goes well beyond simply trying to keep their staff on payroll by offering a place to sit outdoors and are allowing indoor dining, with masks optional. It is my understanding that this is to be reviewed by the city council in the near future, and I sincerely hope that the well-being of our at- risk citizens and essential personnel who do not have the option of simply staying at home if they are concerned be made the priority moving forward. If the violations of this order are not enforced (some municipalities have cut power or suspended liquor licenses of the most egregious violators, etc.) I am highly concerned we will be left in a situation that results in significant and unnecessary harm to my fellow citizens as healthcare systems are put under untenable stress. Please, for the sake of the individuals and businesses making great personal sacrifices to preserve others, do the right thing. Stay safe, and thank you for your consideration. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 80 of 328 Mia De Marzo From: Sent: To: Subject: Council Internet Email Thursday, December 31, 2020 2:18 PM City Clerk FW: Restaurant Special Meeting From: Miki Edwards Sent: Thursday, December 31, 2020 11:39 AM Subject: Restaurant Special Meeting Please do NOT close our restaurants. Those restaurants also affect the businesses around them. I heard that Cori was calling for a special meeting. Cori has constituents, but I am a constituent, too! We are free people but are being fed fears that are unfounded in these places that are being shut down. Two weeks ago, the restaurants protested this unlawful shutdown. It's not constitutional and there is NO SCIENCE (which is what the Governor and media originally said why we were shut down) If you can find the science {I have been receiving all the County text Alerts to where the contact problems have been), there is nothing showing that we have a problem here or with our restaurants. I have been to the big box stores and grocery stores, gas stations, etc. Who is dictating what person is more important or what business {livelihood) is more important than another. Who says what constituent is more important than another? Find us the science that says the majority of Carlsbad wants to dose the restaurants and essential businesses down. We need some backbone here. The restaurants are being so careful and protective of us, while they are trying to keep their heads above water. Our city was doing so well, financially. Now you will be losing businesses that couldn't hold on. So since our homes are the most dangerous (more cases than any), are you going to move us to the street? Give us some tents and toilets and wash areas? If this is really an emergency, then our whole city would be shut down. Is Cori getting paid? Why? She has the power to shut down businesses? How is this so? Please do NOT call for a special meeting to shut business down. Please do not give Cori a majority vote. Please. All these businesses affect ALL of us. If they don't do well, then it dominoes down. Marian "Miki" Edwards !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 81 of 328 Mia De Marzo From: Sent: To: Subject: Attachments: kelly lauro Thursday, December 31, 2020 2:43 PM City Clerk City Council Meeting 1/4/2021 -CDC Study Finds Overwhelming Majority Of People Getting Coronavirus Wore Masks Screen-Shot-2020-10-12-at-11.38.59-AM-998x665.webp; Screen-Shot-2020-10-12-at-10.09.31- AM.webp I am going to share several articles that fly in the face of mask wearing as a method to stop the spread of COVID19. IT is ridiculous and there is NO SCIENCE behind mask wearing OUTSIDE helping anyone not contract COVID19. This is one. It is a CDC study. Please do not create ridiculous "orders" for our city. > > https://urldefense.com/v3/ https://thefederalist.com/2020/10/12/cdc-study-finds-overwhelming-majority-of-people- getting-coronavirus-wore-masks/ ;! !E 4xU6-vwMWK-Q!7owayMlwLyd p6vlfPEmm7mm1Hz3Ehf- lDcf5BCp3wNo3Lu3 QG yRUPZhsSLU67-yU$ <https://urldefense.com/v3/ _https:/ /thefederalist.com/2020/10/12/cdc-study- fi nds-overwhe Im i ng-ma jority-of-people-getti ng-co ronavirus-wore-masks/ _; ! ! E _ 4xU6-vwMWK- Q! 7 owayM lwlyd _p6vlf PEmm 7m m 1 Hz3 E hf-I Dcf5 BCp3wNo3 Lu3 _ QG _yR U PZhsSLU67-yU$ > > > CDC Study Finds Overwhelming Majority Of People Getting Coronavirus Wore Masks > > Jordan Davidson <https://urldefense.com/v3/ _https://thefederalist.com/author/jordandavidson/ _; ! ! E_ 4xU6-vwMWK- Q!7owayMlwLyd_p6vlfPEmm7mm1Hz3Ehf-lDcfSBCp3wNo3Lu3_QG_yRUPZhsSc2Munl0$ > > <https://urldefense.com/v3/ _https:/ /thefederalist.com/2020/10/12/cdc-study-finds-overwhelming-majority-of-people- getting-coronavirus-wore-masks/ _; ! ! E_ 4xU6-vwMWK-Q!7owayMlwLyd_p6vlfPEmm7mm1Hz3Ehf- lDcfSBCp3wNo3Lu3_ QG_yRUPZhsSLU67-yU$ > CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. > > A Centers for Disease Control report <https://urldefense.com/v3/ _https://www.cdc.gov/mmwr/volumes/69/wr/pdfs/mm6936a5-H.pdf _; ! ! E_ 4xU6-vwMWK- Q!7owayMlwLyd_p6vlfPEmm7mm 1Hz3Ehf-lDcfSBCp3wNo3Lu3_QG_yRUPZhsSTM0SQKc$ > released in September shows that masks and face coverings are not effective in preventing the spread of COVID-19, even for those people who consistently wear them. > > A study conducted in the United States in July found that when they compared 154 "case-patients," who tested positive for COVID-19, to a control group of 160 participants from health care facilities who were symptomatic but tested negative, over 70 percent of the case-patients were contaminated with the virus and fell ill despite "always" wearing a mask. > > "In the 14 days before illness onset, 71% of case-patients and 74% of control participants reported always using cloth face coverings or other mask types when in public," the report stated. > > > In addition, over 14 percent of the case-patients said they "often" wore a face covering and were still infected with the virus. The study also demonstrates that under 4 percent of the case-patients became sick with the virus even though they "never" wore a mask or face covering. > > Despite over 70 percent of the case-patient participants' efforts to follow CDC recommendations < https :// u rid efense .co m/v3/ _ https://www.cdc.gov/ co ronavi rus/2019-ncov /prevent-getting-sick/ about-face- cove rings. htm I*:* :text=CDC* 20recom mends* 20that*20you*20wea r,gaiters* 20or* 20face* 20shields_; 134IJSUIJSU I!! E_ 4xU6- vwMWK-Q!7owayM lwlyd_p6vlf PEm m 7m m 1Hz3 Ehf-l DcfSBCp3wNo3 Lu3 _ QG_yRU PZhsS3sxltNg$ .> by committing to always wearing face coverings at "gatherings with ~10 or >10 persons in a home; shopping; dining at a restaurant; going to an office 1 Jan. 5, 2021 Item #1 Page 82 of 328 setting, salon, gym, bar/coffee shop, or church/religious gathering; or using public transportation," they still contracted the virus. > > While the study notes that some of these people may have contracted the virus from the few moments that they removed their mask to eat or drink at "places that offer on-site eating or drinking," the CDC concedes that there is no successful way to evaluate if that was the exact moment someone became exposed and contracted the virus. > > "Characterization of community exposures can be difficult to assess when widespread transmission is occurring, especially from asymptomatic persons within inherently interconnected communities," the report states. > > In fact, the report suggests that "direction, ventilation, and intensity of airflow might affect virus transmission, even if social distancing measures and mask use are jmplemented according to current guidance." > > Despite this new scientific information, the CDC, Director of the National Institute of Allergy and Infectious Diseases Dr. Anthony Fauci, and many political authorities are still encouraging people to wear masks. Many states and cities have even mandated masks, citing them as one of the main tools to "slow the spread" of coronavirus and keep case numbers in their area down. > kelly laura 2 Jan. 5, 2021 Item #1 Page 83 of 328 1/4/2021 Screen-Shot-2020-10-12-at-10.09.31-AM (002).webp (1480x588) TABLE. {Continued) Characteristics of symptomatic adults ~18 years who were outpatients in 11 academic health care facilities and wt, positive and negative SARS-CoV-2 test results (N = 314)* -United States, July 1-29, 2020 Characteristic Case-patients (n = 154) Previous close contact with a person with known COVID-19 (missing = 1) No 89 (57.8) Yes 65 (42.2) Relationship to close contact with known COVID-19 (n = 88) Family Friend Work colleague Other** Multiple 33 (50.8) 9(13.8) 11 (16.9) 6(9.2) 6(9.2) Reported use of cloth face covering or mask 14 days before illness onset (missing= 2) Never 6 (3.9) Rarely 6 (3.9) Sometimes 11 (7.2) Often 22 (14.4) Always 108 (70.6) No.(%) Control participants (n = 160) 136 (85.5) 23 (1 4.5) 5 (21.7) 4(17.4) 6(26.1) 8(34.8) 0 (0.0) 5 (3.1) 6(3.8) 7(4.4) 23 (14.5) 118 (74.2) P-valu <0.01 <0.01 0.86 file:///C:/Users/mdema/AppData/Local/Microsoft/Windows/lNetCache/Content.Outlook/ZSG68XBI/Screen-Shot-2020-10-12-at-10.09.31-AM (002).webp 1 /1 Jan. 5, 2021 Item #1 Page 84 of 328 Mia De Marzo From: Sent: To: Subject: Attachments: kelly laura Thursday, December 31, 2020 2:51 PM City Clerk City Council Meeting 1/4/2021 -Major Study Finds Masks Don't Reduce COVID-19 Infection Rates 49785543942_d468c526aa_k-998x713.webp Here is another study that shows that masks DO NOT lower the infection rate from COVID19. Don't make the people of Carlsbad subject to draconian rules that really are NOT proven to do what you are proposing they do. Masks DO NOT stop the spread of COVID19 especially in OUTDOOR settings. It is ridiculous to propose otherwise. > > https:// u rldefe nse .com/v3/ https://thefed era I ist.co m/2020/11/18/ ma jo r-study-fi nds-m asks-do nt-red uce-covid-19-i nfectio n- rates/ ;!!E 4xU6-vwMWK-Q!9FkRWLNffgMlwGl9ExahV9jjBgjUsbL WyUUw6t2SiNijxf- sMGM 3YMth N Fn Fq Fwu4$ <https://urldefense .com/v3/ _https:/ /thefedera list.com/2020/11/18/major-study-finds-masks- dont-red uce-covid-19-infection-rates/ _; ! ! E_ 4xU6-vwMWK-Q! 9FkRWLNffgM lwGl9 Exa hV9jj Bgj Usbl_ WyU Uw6t2Si Nijxf- sMGM3YMth N Fn Fq_Fwu4$ > > > Major Study Finds Masks Don't Reduce COVID-19 Infection Rates > > Jordan Davidson <https://urldefense.com/v3/ _https:/ /thefederalist.com/author/jordandavidson/ _; ! !E_ 4xU6-vwMWK- Q!9FkRWLNffgMlwGl9ExahV9jjBgjUsbL_ WyUUw6t2SiNijxf-sMGM3YMthNFnY8B1SDg$ > > <https://urldefense .com/v3/ _https://thefedera list.com/2020/11/18/major-study-finds-masks-dont-reduce-covid-19- infection-rates/ __; ! ! E_ 4xU6-vwMWK-Q!9FkRWLNffgMlwGl9ExahV9jjBgjUsbL_ WyUUw6t2SiNijxf-sMGM3YMthN FnFq_Fwu4$ > CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. > > A high-quality, large-scale Danish study <https://urldefense.com/v3/ _https://www.acpjournals.org/doi/10.7326/M20- 6817 _; ! ! E_ 4xU6-vwMWK-Q!9FkRWLNffgMlwGl9ExahV9jjBgjUsbL_ WyUUw6t2SiNijxf~sMGM3YMthNFntnZGGu0$ >finds no evidence that wearing a face mask significantly minimizes people's risk of contracting COVID-19. The randomized-control trial found no statistically significant difference in coronavirus infection rates between mask-wearers and non-mask-wearers. In fact, according to the data, mask usage may actually increase the likelihood of infection. > > "The recommendation to wear surgical masks to supplement other public health measures did not reduce the SARS-CoV-2 infection rate among wearers by more than 50% in a community with modest infection rates, some degree of social distancing, and uncommon general mask use," the authors summarized their results. > > While mask-wearing has been advertised by health officials all around the world, including the U.S. Centers for Disease Control and Prevention and Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, to prevent the spread of the coronavirus, the Danish researchers found that there was no statistically significant difference between wearing a mask or not in preventing people from contracting COVID-19. > > "In the third post hoc analysis, which investigated constellations of patient characteristics, we did not find a subgroup where face masks were effective at conventional levels of statistical significance," researchers found . > > The randomized-control trial, which is considered the "gold-standard" design for scientific research, had a large sample size of more than 6,000 people. Most studies conducted on various kinds of face masks against various coronaviruses are neither randomized, controlled trials nor conducted regarding the specific SARS-CoV-2 virus currently affecting the world. > > This clinical trial was conducted from April through June in Denmark, a largely unmasked area with government recommendations only to social distance and wash hands frequently as the country began to reopen in May. Roughly half of the 6,024 participants, 4,862 of whom completed the study, were randomly assigned to wear surgical masks "outside the home among other persons together" while the other half continued to operate in public without a mask. 1 Jan. 5, 2021 Item #1 Page 86 of 328 > > After a month, 42 of the mask-wearers in the study (1.8 percent) were infected with the virus while 53 of the non-mask- wearers (2.1. percent) were infected with the virus. Statistically, this is not a significant difference between the two groups, suggesting these infection differences were a product of chance, say the study authors. > > "The between-group difference was -0.3 percentage point (95% Cl, -1.2 to 0.4 percentage point; P = 0.38) (odds ratio, 0.82 [Cl, 0.54 to 1.23]; P = 0.33). Multiple imputation accounting for loss to follow-up yielded similar results," the study states. "Although the difference observed was not statistically significant, the 95% Cls are compatible with a 46% reduction to a 23% increase in infection." > > Some have noted Denmark's population at the time of the study was less than 2 percent infected, participants were in charge of reporting their own COVID-19 tests, and other limitations. Dr. Christine Laine, editor-in-chief of the Annals of Internal Medicine, where the study is published, told The New York Times <https://urldefense.com/v3/ _https://www.nytimes.com/2020/11/18/health/coronavirus-masks- denma rk. htm l?referringSource=articleSha re_;!! E_ 4xU6-vwMWK-Q!9FkRWLNffgM lwG l9Exa hV9jj BgjUsbL_ WyU Uw6t2Si Nijxf- sMGM3YMth N FnWuXM LqU$ > the research shows masks "are not a magic bullet." In an article, Laine and other editors defended the journal's decision to publish the study despite pushback. > > "More irresponsible would be to not publish the results of carefully designed research because the findings were not as favorable or definitive as some may have hoped," they wrote. > > The mask study one of the largest of its kind ever completed. > > "These findings do offer evidence about the degree of protection mask wearers can anticipate in a setting where others are not wearing masks and where other public health measures, including social distancing, are in effect," the study states, noting that the trial "did not test the role of masks in source control of SARS-CoV-2 infection." > kelly laura 2 Jan. 5, 2021 Item #1 Page 87 of 328 Mia De Marzo From: Sent: To: Subject: kelly laura Thursday, December 31, 2020 2:56 PM City Clerk City Council Meeting 1/4/2021 -Effectiveness of Adding a Mask Recommendation to Other Public Health Measures to Prevent SARS-CoV-2 Infection in Danish Mask Wearers: A Randomized Controlled Trial: Annals of Internal Medicine: Vol 0, No 0 This is the actual Danish Study that shows Masks are not effective in preventing the spread of COVID19. Do not make ridiculous rules for the citizens of Carlsbad to follow when there is NO SCIENCE to back it up! > > https://urldefense.com/v3/ _https://www.acpjournals.org/doi/pdf/10.7326/M20-6817 _; ! ! E_ 4xU6-vwMWK- Q!7 _12Q2Y1q995V6rl2WjykqjxlNQcdfYt1H4DBv3pB61wkRFvqEZU21EYJwTOrlsUxQ0$ <https://urldefense.com/v3/ _https://www.acpjournals.org/doi/pdf/10. 7326/M20-6817 _; ! ! E_ 4xU6-vwMWK- Q!7 _12Q2Y1q995V6rl2WjykqjxlNQcdfYt1H4DBv3pB61wkRFvqEZU21EYJwTOrlsUxQ0$ > > > Effectiveness of Adding a Mask Recommendation to Other Public Health Measures to Prevent SARS-CoV-2 Infection in Danish Mask Wearers > > A Randomized Controlled Trial. > > <>Background: > > Observational evidence suggests that mask wearing mitigates transmission of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). It is uncertain if this observed association arises through protection of uninfected wearers (protective effect), via reduced transmission from infected mask wearers (source control), or both. > > Objective: > > To assess whether recommending surgical mask use outside the home reduces wearers' risk for SARS-CoV-2 infection in a setting where masks were uncommon and not among recommended public health measures. > > Design : > > Randomized controlled trial (DANMASK-19 [Danish Study to Assess Face Masks for the Protection Against COVID-19 Infection]). (ClinicalTrials.gov: NCT04337541) > > Setting: > > Denmark, April and May 2020. > > Participants: > > Adults spending more than 3 hours per day outside the home without occupational mask use. > > Intervention: > > Encouragement to follow social distancing measures for coronavirus disease 2019, plus either no mask recommendation or a recommendation to wear a mask when outside the home among other persons together with a supply of 50 surgical masks and instructions for proper use. > > Measurements: 1 Jan. 5, 2021 Item #1 Page 89 of 328 > > The primary outcome was SARS-CoV-2 infection in the mask wearer at 1 month by antibody testing, polymerase chain reaction (PCR), or hospital diagnosis. The secondary outcome was PCR positivity for other respiratory viruses. > > Results: > > A total of 3030 participants were randomly assigned to the recommendation to wear masks, and 2994 were assigned to control; 4862 completed the study. Infection with SARS-CoV-2 occurred in 42 participants recommended masks (1.8%) and 53 control participants (2.1%). The between-group difference was -0.3 percentage point (95% Cl, -1.2 to 0.4 percentage point; P = 0.38) (odds ratio, 0.82 [Cl, 0.54 to 1.23]; P = 0.33). Multiple imputation accounting for loss to follow-up yielded similar results. Although the difference observed was not statistically significant, the 95% Cls are compatible with a 46% reduction to a 23% increase in infection. > > Limitation: > > Inconclusive results, missing data, variable adherence, patient-reported findings on home tests, no blinding, and no assessment of whether masks could decrease disease transmission from mask wearers to others. > > Conclusion: > > The recommendation to wear surgical masks to supplement other public health measures did not reduce the SARS-CoV-2 infection rate among wearers by more than 50% in a community with modest infection rates, some degree of social distancing, and uncommon general mask use . The data were compatible with lesser degrees of self-protection. > > Primary Funding Source: > > The Salling Foundations. > kelly laura CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Jan. 5, 2021 Item #1 Page 90 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Murray passarieu Thursday, December 31, 2020 3:55 PM City Clerk Resolution on Face Coverings on beach boardwalks I am writing to register my opinion on the possible enhanced enforcement on face coverings on the beach boardwalk and stairs etc. Most experts don't think COVID is spreading in any large way outdoors. The combination of UV (even Dr Fauci said UVs kill the virus) and fresh air are protective. There is already the county ordinance that you must wear a face covering if you are within 6 ft of others. This can be enforced without requiring further use of face coverings in situations where they aren't necessary. Further, the more people are harassed about wearing face coverings outdoors, the more likely they are to gather indoors with others where this can't be enforced at all and where the virus can spread even faster. We should be encouraging outdoor exercise since we have the climate for it year round. Creating new situations to issue fines outdoors when enforcement is unlikely to make much difference in the fight against COVID seems like a waste of the police department's time and just creates animosity in the community for no reason. Thank you for your consideration of my viewpoint. Rene' Passarieu Carlsbad !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 91 of 328 Mia De Marzo From: Sent: To: Subject: Teri Cagle Thursday, December 31, 2020 7:16 PM City Clerk Jan 5 special meeting I've been a resident of Carlsbad since 1970. I'm now 67 yrs of age. I've watch this once beautiful ocean village turn into an over populated mess. Crime is rampant. I've been assaulted downtown. We've have numerous murders. CPD have better things to do then giving a family a ticket for have a taco sitting outside a Carlsbad restaurant. We are regular supporters of the businesses allowing us to exercise our right to Peaceful protest I watch these small businesses going to the extreme to sanitize and clean their establishment constantly. I have less chance of getting sick at one of our fine restaurants then I do grocery shopping in the produce department touching fruits and vegetables that can't be sanitized Don't kill our town completely. Without a City the need for your job with cease to exist. Allow your citizens to be Americans and to choose and exercise their right to choose. Allow your hard working business owners to continue to serve their community and put food on their own family tables Teri Cagle Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 92 of 328 Mia De Marzo From: Sent: To: Subject: Brock Maclean Friday, January 1, 2021 9:10 AM Cori Schumacher; Priya Bhat-Patel; City Clerk Keep businesses open! As the new year begins and we collectively look for hope in 2021, I cannot express enough my opposition to your effort to close businesses in Carlsbad. Proprietors have suffered enough, people's livelihoods have been severely impacted and many businesses are on the verge of closing forever. I recognize the health issues at hand and I understand the urgency in ending this pandemic. However, this course of action is not the answer. It will only add more unnecessary damage and undo strain on many people in our community. There has to be other options that make sense with the science and also reflect what is right and reasonable. Thank you for the consideration and I look forward to you arriving at a more favorable outcome for our community. Best regards, Brock Maclean Carlsbad, CA 92008 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 93 of 328 Mia De Marzo From: Sent: To: Subject: Liz devins Friday, January 1, 2021 9:54 AM City Clerk January 5th Special Meeting I'm a Carlsbad resident in District 1 and I believe restaurants, hair and nail salons and other businesses should be able to be open with the proper safety measures, whether that be indoor or outdoor. Thank you, Elizabeth Devins CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 94 of 328 Mia De Marzo From: Sent: To: Subject: Khara Stevens Friday, January 1, 2021 10:28 AM City Clerk; Cori Schumacher; Matthew Hall; Priya Bhat-Patel January 5th Special Meeting As a Carlsbad resident since 1996 I am pleading with you to keep businesses open. Please consider the financial hardships and mental toll that shutting down will cause not only business owners but individuals and families. Businesses are following safety guidelines to keep us safe, and IF they aren't fine or shut them down on an individual basis. Have some human compassion. Please keep our City Thriving! Sincerely, Khara Stevens Khara Stevens I REALTOR ® M: !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 95 of 328 Mia De Marzo From: Sent: To: Subject: Randy Kriech <> Friday, January 1, 2021 11 :09 AM City Clerk January 5 special meeting It's time to allow us to make the choice to live how we want...keep outdoor dining open! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 96 of 328 Mia De Marzo From: Sent: To: Subject: Make Love Friday, January 1, 2021 11 :14 AM City Clerk Rights Businesses in carlsbad should be allowed to stay open if they want. People have a right to go in or not. Stop the shut downs CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe . 1 Jan. 5, 2021 Item #1 Page 97 of 328 Mia De Marzo From: Sent: To: Subject: Sally Friday, January 1, 2021 11 :40 AM City Clerk January 5 special meeting Please allow restaurants to have outdoor dining and stop threatening them with losing their licenses. I am disgusted at your lack of support for small businesses. Respectfully, Sally Simonds !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 98 of 328 Mia De Marzo From: Sent: To: Cc:: Subject: Good morning, Sarah Czech Friday, January 1, 2021 11 :40 AM corischumacher@carlsbadca.gov Priya Bhat-Patel; City Clerk January 5th meeting. I would wish you a happy New Year, but for many of our community members, it is not happy. I understand that the meeting set to take place on January 5th is to determine the fate of many of our local businesses. As a resident of Carlsbad and a member of this community, I am deeply and personally affected by this. Our local business and restaurants are exercising t heir constitutional rights to peacefully protest and keep their staff employed. If you vote to shut them down as a result of these peaceful protests, you will make a grave mistake. V/R Sarah Czech Concerned Carlsbad resident CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 99 of 328 Mia De Marzo From: Sent: To: Subject: Ben Travis Friday, January 1, 2021 11 :42 AM City Clerk January 5th Special Meeting I am a Carlsbad resident and really dont appreciate the enforcement of outdoor dining ! ! Your killing our small businesses and families that work there ... please make a change ... many many people will be at the meeting to support small businesses for staying open. Ben Travis !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 100 of 328 Mia De Marzo From: Sent: To: Subject: Brian Mackey Friday, January 1, 2021 11 :52 AM City Clerk January 5th special meeting Any votes to close small businesses, restaurants, while you keep Costco open is a direct assault on common sense, individuals and freedom. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 101 of 328 Mia De Marzo From: Sent: To: Subject: The Swisher Family Friday, January 1, 2021 11 :58 AM City Clerk January 5th Special Meeting Please keep our town OPEN and not owned solely by the large corporations! Please support small businesses and let them operate safely while employing their staff and families. Thank you, Karla Swisher CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 102 of 328 Mia De Marzo From: Sent: To: Subject: Brooke Simonds Friday, January 1, 2021 11 :59 AM City Clerk; Council Internet Email Stop the enforcement of small business I live in Carlsbad, am a democrat and fully fully support outdoor dining. It has not been proven to be the cause of the spike, at home gatherings have. Please please support our small businesses by not enforcing outdoor dining. Please let's keep our vulnerable safe and also allow people to not lose their livelihood, homes, lives, everything. Thank you, Brooke !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 103 of 328 Mia De Marzo From: Sent: To: Subject: To Whom It May Concern,; Kevin Kuder Friday, January 1, 2021 12:07 PM City Clerk "January 5th special meeting" Local resident of North County requesting the reopening of outdoor dining in Carlsbad. These small businesses are on the verge of complete financial ruin (many have already closed down) and Take-Out dining is not an adequate stopgap for them. The owners and their employees cannot pay their bills and are suffering. Large corporate establishments (Costco, Target, etc), and even some smaller retail, are filled to the brim with customers and packed parking lots. We need to realize that the threat of Covid spread in an outdoor environment, with people spaced out accordingly, is NOT much of a contributor. These restaurants need us and we need them MUCH MORE than we need Corporate America's power to keep THEMselves open and thriving. We need to support the local economy. There will be nothing to go back to when this all ends if we don't help them out NOW. Thank you for your consideration. Happy New Year! Kevin Kuder !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 104 of 328 Mia De Marzo From: Sent: To: Subject: Brad Boddicker Friday, January 1, 2021 12:14 PM City Clerk JanuarySth special meeting Please allow our restaurants to stay open and trust the people make decisions as to whether or not they choose visit or not. We do not need the government to dictate when logical arguments regarding "the science" are far from facts. Let the people decide. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 105 of 328 Mia De Marzo From: Sent: To: Subject: Hello, To whom it may concern. thomann32 Friday, January 1, 2021 12:19 PM City Clerk January 5th special meeting Please reconsider the closing of outdoor dining in our community. It is imperative for the local businesses to continue to stay open-responsibly, in order for them to not close their doors for good ... They are getting no financial assistance and have .no other choice ... There has been no link to properly distanced dining and COVID outbreaks in our county. Please think of the small businesses when you make these types of decisions. Best regards, Derrick Thomann !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 106 of 328 Mia De Marzo From: Sent: To: Su bject: Friday, January 1, 2021 12:36 PM City Clerk January 5th specia l meeting Please don't restrict "outdoor dining" in Encin itas. Our restaurants are struggling and as we are told over and over restaurants are a very small part of the problem. They are run by caring and hard working citizens who are trying to survive. Please help them now by stopping the enforcement immediately. Thanks, Ned Simonds !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 107 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Bryan Ruzich Friday, January 1, 2021 12:58 PM City Clerk January 5th special meeting Please do not stop the outdoor dining for these small business that are trying to stay afloat and not be forced to permanently close. This is not the right course of action. Best, Bryan !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 108 of 328 Mia De Marzo From: Sent: To: Subject: Gerald 'Rocky' McMurray Friday, January 1, 2021 1 :01 PM City Clerk Letter in support of Struggling Restaurant Businesses Trying to Provide Outdoor Service Dear Carlsbad County Clerk's Office, I am a concerned citizen from Carlsbad writing in support of our struggling restaurant industry. As the spouse of a local Hospital Doctor on the frontlines of this crises, I am acutely aware of the tenuous situation we are in and aware that citizens need to be encouraged to reduce risk to themselves and others as much as practical. But we cannot ask others whose livelihoods depend on this industry to just shut down with no support. This is especially egregious policy since it is clearly disconnected from data indicating that outdoor dining is a prime infection vector. The upcoming hearing is clearly an attempt by nosey, heavy-handed politicians who have not missed a single dollar of income this entire crises. I urge our City Council representatives to actually lead instead of one-sidedly demanding sacrifice and destroying our thriving restaurant industry. Citizens are more than capable to make intelligent risk evaluated decisions on their own and do not need a nanny state going around and forcing compliance. Sincerely, Gerald McMurray Carlsbad CA 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 109 of 328 Mia De Marzo From: Sent: To: Subject: Brooke Kibby Friday, January 1, 2021 1:16 PM City Clerk January 5th special meeting I am a Carlsbad resident in support of small businesses and restaurants being open with safe outdoor seating. We do not support the unconstitutional CDC restaurant closures. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 110 of 328 Mia De Marzo From: Sent: To: Subject: Meghan Kyle Friday, January 1, 2021 1:17 PM City Clerk January 5th special meeting I am a Carlsbad resident and I am in support of restaurants being open and outdoor seating with the right safety precautions. We do not support the unconstitutional CDC restaurant closures. Keep Carlsbad open and not solely owned by large corporations. Sincerely Meghan Daniel Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 111 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Adam Prell Friday, January 1, 2021 1 :18 PM City Clerk January 5th Special Meeting [keep our small businesses alive] I would like to express my support for our small businesses who have been struggling throughout the last year and will continue if nothing is done. I understand how dire the situation is with Covid and know people are concerned as they should be. Though, to punish people in the private sector that would not be able to put food on their table, pay their rent, or pay their taxes is abhorrent. Please reconsider the rule on outdoor dining so small restaurants can at least TRY to survive. Regards, Adam Prell This transmission contains confidential information intended solely for the party identified above. If you receive this message in error, you must not use it or convey it to others. Please destroy it immediately and contact the sender at {303) 386-3955 or by return e-mail to the sender. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 · Jan. 5, 2021 Item #1 Page 112 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Kelly Cashman Friday, January 1, 2021 1:18 PM City Clerk; Council Internet Email January 5th Special Meeting I would like to express my support for our small businesses who have been struggling throughout the last year and will continue if nothing is done. I understand how dire the situation is with Covid and know people are concerned as they should be. Though, to punish people in the private sector that would not be able to put food on their table, pay their rent, or pay their taxes is abhorrent. Please reconsider the rule on outdoor dining so small restaurants can at least TRY to survive. Thank you, Kelly Cashman CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 113 of 328 Mia De Marzo From: Sent: To: Subject: Michelle Kibby Friday, January 1, 2021 1:21 PM City Clerk January 5th special meeting I am a Carlsbad resident and support restaurants and their outdoor seating. I do not support the unconstitutional cdc guidelines and the restaurant closures. This is absolutely ridiculous. There is no evidence or science in these closures. Keep Carlsbad open! Thank you, Michelle Kibby Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 114 of 328 Mia De Marzo From: Sent: To: Subject: Carlsbad City Council, Jamie Harrison Friday, January 1, 2021 1 :32 PM City Clerk Opposition to enhanced enforcement My name is Jamie Harrison and I am a resident of Carlsbad (from what I've heard some city council members are not). I would like to notify the board that I am opposed enhanced enforcement of the public health order. The State, the county, nor the city has been able to provide any data that shows that eating inside or outside of a restaurant causes Covid. Therefore these rules or unfairly being imposed. I have noticed that there was several outbreaks at big box retailers, including Costco, in the City of Carlsbad, yet they are still allowed to operate. Closing restaurants with no data would be the same as saying you can't wear blue shirts because of Covid. There is zero data to prove it. Arbitrary closures of a specific type of business with no proof they are harming anyone is unfair and un-American. Thanks, Jamie Harrison !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 115 of 328 Mia De Marzo From: Sent: To: Subject: Sheryl Reiner Friday, January 1, 2021 1 :37 PM City Clerk January 5th special meeting Please stop the enforcement of outdoor dining. These establishments are providing a safe environment and we need to support the small businesses in our community. Sheryl Reiner !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 116 of 328 Mia De Marzo From: Sent: To: Subject: To the Mayor and City Council: Bridget Wright Friday, January 1, 2021 1 :56 PM City Clerk January 5th City Council Meeting As a public health professional and Carlsbad resident, I strongly support the enforcement of the County of San Diego's public health orders regarding mask-wearing and restaurant dining in the City of Carlsbad. Despite past attempts by the City to "educate" the public about these issues, the rates of Covid-19 in our community continue to rise. We are now in a crisis situation, with ICU beds at capacity, a shortage of health care workers and medical supplies, and rationing of health care on the horizon. It is abundantly clear that the prevention strategies previously employed are not working. To make matters worse, a new, highly contagious strain of the virus has now been identified in San Diego County. Combined with the expected rise in Covid-19 cases from the holiday season, this spells disaster for our health care system and the healt_h of our community. There has been much talk about the negative economic impacts to restaurants and small businesses from enforcing public health orders. But the reality is that until we get this virus under control, our economy will not be revived. Many people, including myself, choose not to patronize businesses that do not require mask-wearing or take-out dining only. For example, no one in my family has shopped or dined at a business in Carlsbad Village for the last several months because we do not feel safe there. We are spending our money elsewhere. As elected leaders, there are times when you are asked to make tough decisions. This is one of those times. Although no one wants to see small businesses struggle, we are at a tipping point in this pandemic. The health and welfare of the public must take precedence over the economic well-being of businesses. Thank you for your time and consideration. Sincerely, Bridget Wright !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 117 of 328 Mia De Marzo From: Sent: To: Subject: Catherine Tierney Friday, January 1, 2021 2:07 PM corischumacher@carlsbadca.gov; Priya Bhat-Patel; City Clerk January 5th Meeting: We want the Carlsbad restaurants, gyms, etc. opened up in spite of the virus ....... America is the home of the "free" ...... quit thinking you have the right to make citizens decisions as to where they go to shop, exe rcise, eat ...... moved from Nevada not to long ago and it never did close up {not event the casinos) ..... yet Nevada has control of the virus ..... you need to re-think your decisions!!!!! Glenn and Cathie Tierney CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 118 of 328 Mia De Marzo From: Sent: To: Subject: To whom it may concern, Phil Sweredoski Friday, January 1, 2021 2:11 PM City Clerk January 5th special meeting It is not more important to "appear" to be taking steps to stop the spread of Covid. It is important to take mitigation efforts while helping small, local businesses survive and thrive. There is no evidence the spread of Covid is occurring in outdoor dining patios. Our neighbors are closing business, losing out on dreams, laying off employees for no good reason . Enforce mask wearing and distancing to mitigate the spread. You are elected leaders. Please lead with your community in mind. Thank you, Phil Sweredoski Sent from Yahoo Mail on Android !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 119 of 328 Mia De Marzo From: Sent: To: Subject: Esteemed Council Members, alanlisalorton <> Friday, January 1, 2021 2:12 PM City Clerk RE: Special Meeting January 5th My wife and I moved to Carlsbad a little over a year ago after serving for 30 and 33 years respectively in management and Command Staff positions within a Riverside County police agency. We were both very active in local politics and labor relations prior to our Command level positions. In the year we have been here, we have been extremely impressed with the level of professionalism and community involvement that Carlsbad PD exhibits every day. We have also witnessed the close relationship between local businesses and the Police Department. From prior experience, ordering or directing police officers to enforce arbitrary regulations without the ability to apply common sense or discretion will damage the trust between the community and police department as well as the trust between the public and public officials. My wife and I have regularly visited local eateries and have seen a level of care and safety that we have never seen before. If these eateries or service providers are contributing to a rise in Covid19 cases, we would be open to seeing the documentation that clearly shows this. If there is no documentation to prove eateries or service providers are contributing a significant number of infections, we respectfully request that you deny any request to adversely affect their ability to conduct business while providing much needed jobs. If you feel the need to challenge their ability to peacefully protest an arbitrary infringement of their Constitutional rights, I would suggest having a court of law, not a City Council, make that decision. Respectfully, Alan H. and Lisa L. Lorton Carlsbad Ca 92011 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 120 of 328 Mia De Marzo From: Sent: To: Subject: Dan Armstrong Friday, January 1, 2021 2:47 PM City Clerk January 5th special meeting · Keep our city open. Stop the government takeover of our lives. Thank you Dan Armstrong CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 121 of 328 Mia De Marzo From: Sent: To: Subject: Sam Tapia Friday, January 1, 2021 2:48 PM City Clerk January 5th special meeting Please allow Restaurants to remain open for outdoor dining. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 122 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Howard, Siobhan Friday, January 1, 2021 2:50 PM City Clerk January 5th special meeting I would like to express my support for our small businesses who have been struggling throughout the last year and will continue if nothing is done. I understand how dire the situation is with Covid and know people are concerned as they should be. Though, to punish people in the private sector that would not be able to put food on their table, pay their rent, or pay their taxes is abhorrent. Please reconsider the rule on outdoor dining so small restaurants can at least TRY to survive. Sent from my iPhone Please be advised that the information contained herein is confidential and intended only for use by the individual stated above. If you are not the named recipient, you are hereby notified that any disclosure, distribution, dissemination, or copying is prohibited. If this information has been directed to you in error, please contact the sender immediately at the telephone number listed above. Please don't print this e-mail unless you really need to. CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 123 of 328 Mia De Marzo From: Sent: To: Cc: Subject: Lance Thomas Friday, January 1, 2021 2:51 PM City Clerk Council Internet Email Jan 5th special meeting This is ridiculous. We need these restaurants and they need us. Let them stay open with at a minimum outdoor dining. Thanks, Lance CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 124 of 328 Mia De Marzo From: Sent: To: Subject: J Michael Johnson Friday, January 1, 2021 3:08 PM City Clerk Outdoor dining Please le.t restaurants do outdoor dining so they can survive ..... This communication (including any attachments) is not intended nor written to be used, and it cannot be used, by any entity or individual, including the person to whom it is addressed, for the purpose of avoiding tax penalties that may be imposed. In addition, this communication is not intended nor written to be used or referred to, and it cannot be used nor referred to, in promoting, marketing or recommending any entity, investment plan or arrangement. This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 125 of 328 Mia De Marzo From: Sent: To: Subject: Jeff Johnson Friday, January 1, 2021 3:13 PM City Clerk Outdoor dining Please let restaurants have outdoor dining. They need it to survive. Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 126 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Veronica Donovan Friday, January 1, 2021 3:16 PM City Clerk Opening of restaurants My husband and myself are residents of N.San Diego. We enjoy very much giving back to community. We believe it would be devastating to our small business to be shut down. We will continue to follow the guidelines of wearing mask and keeping 6 ft distance. Please don't shut-down our restaurant, pubs or salons. Respectfully, Veronica and John Donovan CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 127 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Amy Park Friday, January 1, 2021 3:21 PM City Clerk January 5 Special Meeting I am writing this email because I am very concerned about the local business owners in my neighborhood that depend on outdoor dining. Infection rates have followed a traditional seasonal pattern and are not effected by flawed social distancing theories. The ability to enjoy a meal outdoors is vital to the health of our community. Please help keep the community thriving and not allow the enforcement of outdoor dining. Respectfully, Amy Amy Park VP, Pharma Partnerships CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 128 of 328 Mia De Marzo From: Sent: Lindsey Jean Friday, January 1, 2021 3:25 PM To: City Clerk Subject: January 5th Meeting To whom it may concern, I don't support you. I support safely keeping business open. You purposefully want to take people out of work? Then you don't deserve to have a job. So, You're telling me you want everyone to struggle more than they already were? So, You want the economy to be bad? So, you're saying you want the people who depend on their jobs of working in restaurants or other small business to lose their jobs? All While People are trying To take care of themselves, kids, parents, even grandparents. Are YOU really okay with this? You can't be ... Please think twice! 2020 was difficult for a lot of people (even those who are really trying to see the positive) You really want to be the reason someone commits suicide because they can't afford to take care of their family? You really want to destroy so many peoples lives by taking their jobs away? If you're considering this ... Please, take a moment and put your shoes in their place. Even in a business owners place .. Please tell me you can't Please tell you are not thinking you're above everything .. Don't be a dream crusher. Or the kid who kicks down sand castles .. YOU are a hypocrite if you want to take jobs away. YOU are what is wrong with the world. BE the change, don't make it worst. Do what is right in your heart. I know you have a heart, and if you don't I will send help and an ambulance because yes,I think you're wrong in this but no one deserves to be helpless. Praying for you! Praying for you to make a rational discussion. -Lindsey 1 Jan. 5, 2021 Item #1 Page 129 of 328 Sent from my iPhone Sent from my iPhone !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 2 Jan. 5, 2021 Item #1 Page 130 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Susan Skrable Friday, January 1, 2021 4:19 PM City Clerk; Council Internet Email January 5th special meeting" I am a Carlsbad resident and am pleading to keep the restaurants and businesses open. Please help keep our town open and not owned solely by the large corporations! We need small businesses to keep the spirit of Carlsbad alive! I am begging not to enforce outdoor dining closure!!! Thank you for your consideration, Susan Skrable CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 131 of 328 Mia De Marzo From: Sent: To: Subject: Danielle De Monte Friday, January 1, 2021 5:21 PM City Clerk; Council Internet Email Leave restaurants open Outdoor dining should be allowed to remain open. You are ruining our economy. I vote to keep restaurants OPEN. Danielle De Monte Sent from Yahoo Mail on Android !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 132 of 328 Mia De Marzo From: Sent: To: Subject: Kathy Schmid-yancey Friday, January 1, 2021 5:26 PM City Clerk Data of community spread not supportive of shutting down outside dining. The protocol is in place for safety of outside dining. Please don't bankrupt our restaurants. Stores are open please allow the restaurants to continue outside dining as long as they follow the protocol that was previously put in place. They have followed those procedures, community outbreaks in the restaurants are very low, business have complied, don't close them again & have the citizens & owners voices stifled. Thank you, Kathleen !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 133 of 328 Mia De Marzo From: Sent: To: Subject: glenn harris Friday, January 1, 2021 5:56 PM City Clerk Outdoor dining I urge you to keep these restaurants open for outdoor dining. Regards, Glenn Harris !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 134 of 328 Mia De Marzo From: Sent: To: Subject: Good day City Clerk & Council, Tom Wellman Friday, January 1, 2021 6:18 PM City Clerk Special Meeting January 5th, 2020 I am writing in support of the restaurant owners peacefully protesting the county and & state mandate. These restauranteurs and their staff are our neighbors and have supported our community and now is not the time to turn our backs on them and have bent over backwards to comply with the ever changing rules that the state and county have imposed. I talked with one of the restaurant owners on State Street on December 31st, 2020 and she was telling me that she was receiving death threats for merely keeping her staff employed by staying open. In what world is this normal that I ask to our city council who may be in favor of using law enforcement to shut down businesses, particularly Councilwoman Schumacher leading the charge in all this? Does Councilwoman Schumacher not realize that C.DP.H. Secretary, Mark Ghaly remarked this on the latest lockdown order that admitted in a need conference that it is "not a comment on the relative safety of outdoor dining," but instead "really has to do with the goal of trying to keep people at home." Also If the city council votes to pass law enforcement on these businesses, I will encourage a recall effort and encourage a protest with food trucks serving people either at City Hall or in front of each city councilpersons residence on public property. Anyways thank you for having this special session, Sincerely, Tom Wellman of Carlsbad, District 3 Constituent. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 136 of 328 Mia De Marzo From: Sent: To: Subject: Good evening, Jon Holstein Friday, January 1, 2021 6:21 PM City Clerk January 5th Special Meeting I am a long time resident of Carlsbad and absolutely love our community. My family and I have been so enamored with all the restaurants coming to our area in the last few years and have really gotten to know several of the owners. Seeing all these businesses close to or already permanently closed is extremely difficult to see. I implore you to allow these small businesses to stay open on an outdoor dining basis, it's the only way we will see these businesses survive. Thank you, Jon Ho.lstein !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 137 of 328 Mia De Marzo From: Sent: To: Subject: Sarah Potter Friday, January 1, 2021 6:30 PM City Clerk Fw: Letter in support of Struggling Restaurant Businesses Trying to Provide Outdoor Service Dear Carlsbad County Clerk's Office, I am a concerned citizen from Carlsbad writing in support of our struggling restaurant industry. As the spouse of a local Hospital Doctor on the frontlines of this crises, I am acutely aware of the tenuous situation we are in and aware that citizens need to be encouraged to reduce risk to themselves and others as much as practical. But we cannot ask others whose livelihoods depend on this industry to just shut down with no support. This is especially egregious policy since it is clearly disconnected from data indicating that outdoor dining is a prime infection vector. The upcoming hearing is clearly an attempt by nosey, heavy-handed politicians who have not missed a single dollar of income this entire crises. I urge our City Council representatives to actually lead instead of one-sidedly demanding sacrifice and destroying our thriving restaurant industry. Citizens are more than capable to make intelligent risk evaluated decisions on their own and do not need a nanny state going around and forcing compliance. Sincerely, Sarah J McMurray, DO FACOI Carlsbad CA 92009 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 138 of 328 Mia De Marzo From: Sent: To: Subject: Adam Seltser Friday, January 1, 2021 6:31 PM City Clerk Carlsbad restaurants Looking to keep restaurants open in Carlsbad. Let me know how I can help! Adam Seltser Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 139 of 328 · Mia De Marzo From: Sent: To: Subject: Gail Vollmer Friday, January 1, 2021 7:31 PM City Clerk Carlsbad City Council Meeting Tuesday Jan 5 @ 3:00pm I DO NOT Support this action against our local businesses but I DO Support safely keeping our business open. Respectfully Gail Vollmer Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 140 of 328 Mia De Marzo From: Sent: To: Subject: Gmail Friday, January 1, 2021 8:07 PM City Clerk Outdoor Dining for 1/5/20 mtg Just writing to express my feelings that for the prosperity of our restaurants, the city should allow outdoor dining to remain as long as it follows other Covid protocols such as distancing. Maybe there can be seating party size restrictions to discourage large groups. There has to be a way to allow outdoor only to continue safely. Please consider. Sincerely, Erin Olson Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe . 1 Jan. 5, 2021 Item #1 Page 141 of 328 Mia De Marzo From: Sent: To: Subject: Janet Newman Friday, January 1, 2021 8:12 PM City Clerk Restaurants and business Jan 5 meeting Please consider keeping restaurants open in Carlsbad. We need the business open for revenue. Cannot afford to lose all these businesses Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 142 of 328 Mia De Marzo From: Sent: To: Subject: Toni Rudden Friday, January 1, 2021 9:51 PM City Clerk January 5th special meeting As concerned citizens of Carlsbad we would like it if the public health rules be enforced so that we can protect our citizens. It is not a peaceful protest when people are getting sick and this selfish behavior injures others. This is out of control. Toni and Tom Rudden Sent from Mail for Windows 10 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 143 of 328 Mia De Marzo From: Sent: To: Subject: Ian Brigden Friday, January 1, 2021 10:35 PM City Clerk January 5th special meeting As City officials, you should do everything in your power to support locally owned businesses. Stop the enforcement of of outdoor dining. Businesses and livelihoods are at stake. Our vulnerable population should stay at home for their protection, but the rest of us want to live free. Don't be pressured by Newsomes mandates ... enough of the dictatorship mentality. Ian Brigden !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 144 of 328 Mia De Marzo From: Sent: To: Cc: Subject: Kelly MacNeal Friday, January 1, 2021 11 :48 PM City Clerk Council Internet Email Special Jan 5 meeting This email is to ask that the City of Carlsbad stop the enforcement of outdoor dining! It is absolutely mind boggling that I can walk into our Carlsbad Costco to be within less than one foot with hundreds of people and yet cannot sit with my husband OUTSIDE, spread more than 6 feet apart from other tables to enjoy dinner at a Carla bad restaurant. Please use common sense and support our local restaurants. Let them serve our community with outdoor dining. Thank you! Kelly MacNeal Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 145 of 328 Mia De Marzo From: Sent: To: Subject: Mark Wheeler Saturday, January 2, 2021 7:39 AM City Clerk January 5th Special Meeting Please leave Carlsbad OPEN! We will not allow Newsome and the big corporate entities to control us! We can all make smart decisions and businesses are struggling! Fight the hardship! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 146 of 328 Mia De Marzo From: Sent: To: Subject: Mark Wheeler Saturday, January 2, 2021 7:43 AM City Clerk January 5th Special Meeting I am reaching out to you to show my support and my families support in staying OPEN for business owners in Carlsbad and North County! We are fighting Newsome and the big corporate powers that want to shut everything down! Stay open! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 147 of 328 Mia De Marzo From: Sent: To: Subject: Missy Lukin Saturday, January 2, 2021 8:29 AM City Clerk Carlsbad restaurants Please keep the Carlsbad restaurants open. They can operate safely. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 148 of 328 Mia De Marzo From: Sent: To: Subject: Stan Schritt Saturday, January 2, 2021 8:32 AM City Clerk January 5th special meeting Please stop the enforcement of outdoor dining in Carlsbad. Small businesses must survive! Stan Schritt !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 149 of 328 Mia De Marzo From: Sent: To: Subject: Jeannie Mclellan Saturday, January 2, 2021 9:15 AM City Clerk; Council Internet Email Jan 5 special meeting This email is to persuade you to please keep Carlsbad restaurants OPEN for outdoor dining! Please!! We do not need any more businesses to shut down. Please let them stay OPEN. Respectfully, Jeannie Mclellan Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 150 of 328 Mia De Marzo From: Sent: To: Subject: Philip Mclellan Saturday, January 2, 2021 9:25 AM City Clerk; Council Internet Email January 5th meeting This email is to persuade you to please keep Carlsbad restaurants OPEN for outdoor dining! Please!! We do not need any more businesses to shut down. Please let them stay OPEN. Respectfully, Phil Mclellan !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 151 of 328 Mia De Marzo From: Sent: To: Subject: Erin Levorchick Saturday, January 2, 2021 10:14 AM City Clerk Small business needs support not closure While I understand and support the effort to mitigate the spread of covid-19 I cannot support the closure of small businesses. These businesses will not survive. A business that may seen nonessential is absolutely essential to the owner and it's employees. These businesses need our support. You can't just close them down and leave it at that. If there is no monetary compensation then they need to be allowed operate with additional health precautions. This is the time for Carlsbad to stand together. (At an appropriate distance of course.) Erin and Greg Levorchick Carlsbad, Ca 92008. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 152 of 328 Mia De Marzo From: Sent: To: Subject: Attachments: Pamela Day Saturday, January 2, 2021 10:26 AM City Clerk January 5th Special Meeting -Open Up Now! Florida vs California.JPG We need to open up! Everything. We are crippling our local economy and driving people out of business with these absurd restrictions. We are nine months into the pandemic and understand it so much better now. People that desire to stay home and want to remain in a state of perpetual panic are welcome to do so but the rest of us want to live our lives. There is zero reason that big box stores should be open and small businesses, churches and schools should be closed. Let everyone's restaurants open up completely. There is no evidence that they are breeding grounds for the spread. As you can see in the attached graph we are faring far worse than Florida where there are no restrictions! I would like to emerge from this dark and shameful period in America and be able to visit these businesses, and they will be gone forever if you cannot let them opei:,. I don't want to know about your fear mongering data. Look for the data that supports opening up. For heaven's sake Wuhan China celebrated New Years in full blown party fashion. Why are we Americans still in lockdown????? It is beyond time. Please stop this nonsense. Thank you! Pamela Day Designs -San Diego Interior Designer 0 ~--- !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 153 of 328 Mia De Marzo From: Sent: To: Subject: Dear City Clerk, Emily Laetz Saturday, January 2, 2021 10:37 AM City Clerk Jan 5th Special Meeting I am a Carlsbad resident and I am concerned about the effect that the ban on outdoor dining is having on our beloved small businesses. I think the studies have shown that outdoor, open-air dining is a relatively safe activity in regards to Covid-19 transmission. The City's enforcement of the outdoor dining ban will put many small restaurants out of business and many people out of work, which will further devastate the local small business ecosystem that makes Carlsbad so wonderful. Emily Laetz Terramar, 92008 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 155 of 328 Mia De Marzo From: Sent: To: Subject: Ruth Triglia Saturday, January 2, 2021 11:19 AM City Clerk Special Meeting, Lockdown Enforcement I believe that the lockdown imposed by the state is necessary to get the coronavirus in check within our community. To allow businesses to ignore the lockdown, and irresponsible behavior that you can witness on any given day in downtown Carlsbad, is disheartening at best and extremely maddening at worst. I completely agree it is necessary to support our restaurant industry with takeout and delivery options so their businesses can continue to operate, but we all must sacrifice now for the greater good of the community. This is easy for no one, it is profitable for no one, but it is the right, and important, thing to do. Allowing people to sit side-by-side in restaurants mostly without masks is just plain irresponsible with our ICU capacity as strained as it is. I certainly support financial aid from the city for all impacted industries. I implore people to think of the health workers and other essential workers whose fates lie in our hands. Best regards, Ruth Triglia Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 156 of 328 Mia De Marzo From: Sent: To: Subject: Nadine Bopp Saturday, January 2, 2021 11 :22 AM City Clerk RE COVID health regulations I live on Harding street across from Soccer fields, senior center, community ctr etc. Each day as I try to safely walk my neighborhood I am confronted by kids, parents, coaches and players, none of whom are abiding by health ordinance and wearing masks. If I ride my bike on rail trail, I am confronted by the same non-compliance by walkers, cyclists, people w baby carriages or dog walkers not wearing a mask and walking in large groups. This is exacerbated by the homeless who are living rough and not being taken care of by the governor's homeless housing initiative. Due to the large numbers of people out and about, I wish the city would enforce the mask mandate. Limit the number of kids playing sports at the soccer and baseball fields and mandate their mask wearing. The city is NOT protecting us with their lax, non-interference policy. Signage is ignored and this neighborhood is a free for all that puts my health in jeopardy. Please enforce the mask ordinance throughput the city and limit number of sports players at pine ave and other city parks. Best Nadine Bopp Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 157 of 328 Mia De Marzo From: Sent: To: Subject: Dear Carlsbad Elected Officials, Linda Bonafede Saturday, January 2, 2021 11 :23 AM City Clerk For January 5th Special Meeting I am writing to OPPOSE local enforcement of potential fines or suspending business licenses against Carlsbad small businesses, churches and restaurants that are peacefully protesting state COVID restrictions. As informed citizens, we should have the authority to make our own decisions as to the "risks" we are potentially taking outside of our homes. Small businesses, churches and restaurants have made many accommodations as recommended for COVID safety. Extended restrictions/fines will lead to bankruptcies, which will negatively affect our local community, economy and home prices. At this point, it is not a political issue, but a matter of survival for struggling small businesses in our town. Thank you, Linda Bonafede !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 158 of 328 Mia De Marzo From: Sent: To: Subject: Charity Mappin Saturday, January 2, 2021 11 :28 AM City Clerk Jan 5th Special Meeting It's time to support our local businesses and let them be open! They have all worked so hard and spent lots of money to comply to your opening requirements. They can't survive another shutdown. If the virus is so dangerous then EVERYTHING should be closed. Stop the madness! Open up CARLSBAD! Concerned Carlsbad Resident Charity Mappin Sent from my iPhone Sent from my iPhone Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 159 of 328 Mia De Marzo From: Sent: To: Subject: Fred The Stick Saturday, January 2, 2021 12:29 PM City Clerk RESTORE ALL BUSNESS BACK PRIOR TO COVID 19 We can not let our city Business and there Employees take more lockdowns. Lockdowns have not helped any one. I am 86 years old and don't obey wearing mask when out side in the sun, I do try to keep my distances from others. The Government rules change on whims. Get the children back to real School. Recovery rate for most people is 99.5 %. Sent from Mail for Windows 10 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 160 of 328 Mia De Marzo From: Sent:· To: Subject: For the record: Nikki Hogan Saturday, January 2, 2021 12:48 PM City Clerk re: Jan 5, 2021 meeting Regarding 1/5/21 city council meeting to close small businesses in peaceful protest Please remember that you work for the people, and you answer to the people. This is simple; you do not have any authority to supersede the law of the land and Constitutional rights of business owners to remain open at this time. Please take a step back and view this from a higher perspective and understand you may not see all the pieces at play. As a resident of Carlsbad, I do not support you, I support safely keeping all local and small businesses open, not just the large box stores and chains. People have a right to earn a living and support their families and the communities, without interference from you. Those truly scared for their safety have every right to stay home and not dine out, we all have choices. Thank you, Nicole Hogan !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 161 of 328 Mia De Marzo From: Sent: To: Subject: Dianna Isley Saturday, January 2, 2021 3:21 PM City Clerk City Council Meeting January 5 Vote NO to shut down the right to peacefully protest at Carlsbad restaurants, gyms, and hair salons. You have no virology or medical education to justify you to ruin income and lives by voting to shut them down. Entire family business incomes have been ruined. We have all be educated on virus safety! You have an income and they do not. Carlsbad Resident, Dianna Isley CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. " 1 Jan. 5, 2021 Item #1 Page 162 of 328 Mia De Marzo From: Sent: To: Subject: FLOYD ISLEY Saturday, January 2, 2021 3:22 PM City Clerk City Council Meeting January 5 The County of San Diego nor the State of California have shown any data connecting the spread of covid-19 to eating in restaurants, using gyms, or salons. The county has not presented the data that shows the big box stores like: Costco, Target, and W almart are big spreaders of covid. There is NO data to show the need to close restaurants, gyms, or salons. We are already educated on virus protocol. You should permit people to make their own decisions that affect people's income and lives. DO NOT shut down restaurants, salons, or gyms. Floyd Isley Carlsbad Resident !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 163 of 328 Mia Oe Marzo From: Sent: To: Subject: Randy Lea Saturday, January 2, 2021 4:47 PM City Clerk Keep Small Businesses Open I'm a Carlsbad resident, , and I support keeping outdoor dining open and small business. The numbers and science don't support shutting down businesses in North County, especially Carlsbad. Give small business a chance if survival and allow the citizens who votes for you the choice to make their own decisions and risks while protecting others with face masks and social distancing where needed . Randy CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 164 of 328 Mia De Marzo From: Sent: To: Subject: Brett Vickers Saturday, January 2, 2021 5:07 PM City Clerk Council Meeting January 5th I disagree with Cori Shumacher's quest to destroy small businesses and restaurants in Carlsbad. The science and data does NOT support her opinion on restaurants. 80+% of covid infections happen in the home. Not from outdoor dining. The hard working people of Carlsbad just want to operate their businesses safely. You are the voice of US! And WE want to stay open! If Costco, Walmart and grocery stores can be open, so can small businesses and restaurants. Brett Vickers Sent from my iPhone !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 165 of 328 Mia De Marzo From: Sent: To: Subject: Tiffany Wilmer Saturday, January 2, 2021 6:21 PM City Clerk Covid Restrictions Carlsbad has been shut down for far too long. The past 9 months have restaurants and small businesses in Carlsbad on the brink of bankruptcy. We've been continually told to follow the science so I highly encourage the City Council to do the same. Restaurants are not the cause of outbreaks in our city. Dr. Wooten herself has admitted as much. The idea to punish Carlsbad restaurants for simply trying to survive is both anti- Carlsbad and un-American. Large box stores continue to make millions while being allowed to operate basically without restrictions yet evidence clearly links them to large outbreaks. Yet, I don't see city officials calling for the shutdown of Costco, Lowes or other large stores in the area. Instead, council members· are considering punishing small Carlsbad businesses who are not linked to outbreaks but are the very backbone of our city. · It has become painfully obvious that the lockdown the past 9 months is not working. Governor Newsom has no other plan . The CDC says the flu has not reared its ugly head this year because people are wearing masks at the same time it says Covid is raging because people are not wearing masks. The contradiction of that statement is mind numbing! If people are afraid to go out in public, they have the freedom to stay home. Sadly however, Carlsbad citizens have been forced to give up our constitutional rights during this lockdown. Students have been forced to stay home and the impact of subpar distance learning will have repercussions for years. Mental illness, drug abuse and depression are rampant. Overdose deaths and suicides have skyrocketed but that is the ugly secret the County Health Administration and Carlsbad City Council want to keep hidden . It is unconstitutional to force all Carlsbad citizens to remain in lockdown. Carlsbad citizens are not getting Covid from dine in restaurants, school, surfing, hiking or any of the activities and rights we hold dear. Don't punish Carlsbad business owners for simply trying to survive. I encourage the City Council to follow the science! Respectfully, Tiffany Wilmer 20 year Carlsbad resident !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 167 of 328 Mia De Marzo From: Sent: To: Subject: Shannon Stevens Saturday, January 2, 2021 9:33 PM City Clerk Please let businesses open! I am opposed to any restrictions for businesses who want to have outdoor dining or indoor dining for that matter. You guys need to follow the science and stop using outdated numbers and methods. You are literally killing businesses. If people don't want to go out to eat then they will stay home. Let us govern ourselves -we are not idiots. From Shannon Stevens iPhone Shannon Stevens Clinical Research Associate (CRA) !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 168 of 328 Mia De Marzo From: Sent: To: Subject: Ronee Kozlowski Saturday, January 2, 2021 9:39 PM City Clerk Dining We feel the City should be enforcing the no dining inside or out at all restaurants as required by the State. Ronee and Bob Kozlowski Ridgecrest Dr. Carlsbad Sent from my iPad CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 169 of 328 Mia De Marzo From: Sent: To: Subject: To Whom It May Concern: lynn lchomes.com Saturday, January 2, 2021 10:49 PM City Clerk Open all commerce now! I am writing today because all businesses, large and small, must be allowed to open and stay open from here on out. There's no reason to destroy our communities and country. We are a country of liberty and are all capable of protecting ourselves. Our restaurants must be allowed to open, in particular for outdoor dining. These small business owners have spent tens of thousands if not millions of dollars preparing their establishments for outdoor dining only to be closed down. This is beyond ridiculous. The enforcement of no outdoor dining must stop now. The side effects of this shut down are far worse than the effects of covid . Stop the overreach of government. Thank you, Lynn Smith !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 170 of 328 Mia De Marzo From: Sent: Kristine. Sheffler <> Saturday, January 2, 2021 11 :OS PM To: Subject: City Clerk; Keith Blackburn; Priya Bhat-Patel; Teresa Acosta Fwd: District 1 -Restaurant Shutdown Please do not shut down or penalize Carlsbad District 1 restaurant owners who are serving outside and inside. They will not survive with continued cease and desist orders, pending fines and losing licenses. Refer to my email to Cori Schumacher as attached: where's the science? Thanks for your consideration. Allow Carlsbad to thrive. Kris Sheffler ----------Forwarded message--------- From: Kristine. Sheffler Date: Fri, Jan 1, 2021 at 12:29 Subject: District 1 -Restaurant Shutdown To: <cori.schumacher@carlsbadca.gov> CC: <council@carlsbadca.gov>, Cori Schumacher Dear Council Member Schumacher: As your constituent, I am dismayed and disappointed by your apparent lack of concern for restaurant owners and their employees in District 1. Continuing shutdowns (including cease and desist orders, suspending licenses and imposing fines) will be devastating to their livelihoods. Businesses will be permanently closed and hundreds, maybe thousands, will be unemployed. Where is the "science" regarding restaurant and other small business shutdowns? Dr. Wilma Wooten, San Diego County's public health officer, has stated that indoor and outdoor dining, with proper safety protocols, does not contribute to the spread of COVID-19. Dr. Mark Ghaly, Secretary of the California Health and Human Services Agency, has stated that shutting down indoor dining was "not a comment on the relative safety of outdoor dining" but was meant to keep people at home. If you continue to close restaurants, as well as gyms, salons and other related services, our local economy will suffer. Individuals and families will suffer. Please do not shut down indoor and outdoor dining in District 1. Support your constituents who are business owners and patrons. Help them survive. Thank you for your consideration. Kristine Svarcas Sheffler 1 Jan. 5, 2021 Item #1 Page 171 of 328 Carslbad CA 92008 Kristine Svarcas Sheffler !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 2 Jan. 5, 2021 Item #1 Page 172 of 328 Jan. 5, 2021 Item #1 Page 173 of 328 Jan. 5, 2021 Item #1 Page 174 of 328 Jan. 5, 2021 Item #1 Page 175 of 328 Jan. 5, 2021 Item #1 Page 176 of 328 Jan. 5, 2021 Item #1 Page 177 of 328 Jan. 5, 2021 Item #1 Page 178 of 328 Jan. 5, 2021 Item #1 Page 179 of 328 Jan. 5, 2021 Item #1 Page 180 of 328 Jan. 5, 2021 Item #1 Page 181 of 328 Jan. 5, 2021 Item #1 Page 182 of 328 Jan. 5, 2021 Item #1 Page 183 of 328 Jan. 5, 2021 Item #1 Page 184 of 328 Jan. 5, 2021 Item #1 Page 185 of 328 Jan. 5, 2021 Item #1 Page 186 of 328 Jan. 5, 2021 Item #1 Page 187 of 328 Jan. 5, 2021 Item #1 Page 188 of 328 Jan. 5, 2021 Item #1 Page 189 of 328 Jan. 5, 2021 Item #1 Page 190 of 328 Jan. 5, 2021 Item #1 Page 191 of 328 Jan. 5, 2021 Item #1 Page 192 of 328 Jan. 5, 2021 Item #1 Page 193 of 328 Jan. 5, 2021 Item #1 Page 194 of 328 Jan. 5, 2021 Item #1 Page 195 of 328 Jan. 5, 2021 Item #1 Page 196 of 328 Jan. 5, 2021 Item #1 Page 197 of 328 Jan. 5, 2021 Item #1 Page 198 of 328 Jan. 5, 2021 Item #1 Page 199 of 328 Jan. 5, 2021 Item #1 Page 200 of 328 Jan. 5, 2021 Item #1 Page 201 of 328 Jan. 5, 2021 Item #1 Page 202 of 328 Jan. 5, 2021 Item #1 Page 203 of 328 Jan. 5, 2021 Item #1 Page 204 of 328 Jan. 5, 2021 Item #1 Page 205 of 328 Jan. 5, 2021 Item #1 Page 206 of 328 Jan. 5, 2021 Item #1 Page 207 of 328 Jan. 5, 2021 Item #1 Page 208 of 328 Jan. 5, 2021 Item #1 Page 209 of 328 Jan. 5, 2021 Item #1 Page 210 of 328 Jan. 5, 2021 Item #1 Page 211 of 328 Jan. 5, 2021 Item #1 Page 212 of 328 Jan. 5, 2021 Item #1 Page 213 of 328 Jan. 5, 2021 Item #1 Page 214 of 328 Jan. 5, 2021 Item #1 Page 215 of 328 Jan. 5, 2021 Item #1 Page 216 of 328 Jan. 5, 2021 Item #1 Page 217 of 328 Jan. 5, 2021 Item #1 Page 218 of 328 Jan. 5, 2021 Item #1 Page 219 of 328 Jan. 5, 2021 Item #1 Page 220 of 328 Jan. 5, 2021 Item #1 Page 221 of 328 Jan. 5, 2021 Item #1 Page 222 of 328 Jan. 5, 2021 Item #1 Page 223 of 328 Jan. 5, 2021 Item #1 Page 224 of 328 Jan. 5, 2021 Item #1 Page 225 of 328 Jan. 5, 2021 Item #1 Page 226 of 328 Jan. 5, 2021 Item #1 Page 227 of 328 Jan. 5, 2021 Item #1 Page 228 of 328 Jan. 5, 2021 Item #1 Page 229 of 328 Jan. 5, 2021 Item #1 Page 230 of 328 Jan. 5, 2021 Item #1 Page 231 of 328 Jan. 5, 2021 Item #1 Page 232 of 328 Jan. 5, 2021 Item #1 Page 233 of 328 Jan. 5, 2021 Item #1 Page 234 of 328 Jan. 5, 2021 Item #1 Page 235 of 328 Jan. 5, 2021 Item #1 Page 236 of 328 Jan. 5, 2021 Item #1 Page 237 of 328 Jan. 5, 2021 Item #1 Page 238 of 328 Jan. 5, 2021 Item #1 Page 239 of 328 Jan. 5, 2021 Item #1 Page 240 of 328 Jan. 5, 2021 Item #1 Page 241 of 328 Jan. 5, 2021 Item #1 Page 242 of 328 Jan. 5, 2021 Item #1 Page 243 of 328 Jan. 5, 2021 Item #1 Page 244 of 328 Jan. 5, 2021 Item #1 Page 245 of 328 Jan. 5, 2021 Item #1 Page 246 of 328 Jan. 5, 2021 Item #1 Page 247 of 328 Jan. 5, 2021 Item #1 Page 248 of 328 Jan. 5, 2021 Item #1 Page 249 of 328 Jan. 5, 2021 Item #1 Page 250 of 328 Jan. 5, 2021 Item #1 Page 251 of 328 Jan. 5, 2021 Item #1 Page 252 of 328 Jan. 5, 2021 Item #1 Page 253 of 328 Mia De Marzo From: Sent: To: Subject: Carlsbad Clerk, > Lynda Schubert Monday, January 4, 2021 12:23 AM City Clerk Fwd: JANUARY 5th Special Meeting > I do not support the ban of outdoor dining in Carlsbad. Neither does SCIENCE nor STATS. > > Please do no ban outdoor dining because it would destroy the heart of our city based on fears that have proven to be unfounded. > > R/S, > Lynda Schubert > > Carlsbad > > CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 254 of 328 Mia De Marzo From: Sent: To: Subject: Alex Monday, January 4, 2021 7:16 AM City Clerk City businesses We should absolutely support our Carlsbad businesses by keeping them OPEN for business. Allow these business owners and their employees to earn a living. We are America. Alexandra Hamner Carlsbad resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 255 of 328 Mia De Marzo From: Sent: To: Subject: Shelly Taylor Monday, January 4, 2021 7:22 AM City Clerk Peaceful protest by businesses To the City Council and the Mayor: Let the business stay open! There is no data showing outdoor dining spreads the virus. All of these businesses follow safety rules, and the people dining do to. This is wrong to make them close. We will continue to support these businesses. We will not support all of you, if you take this route. Shelly Thornbury Carlsbad, 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 256 of 328 Mia De Marzo From: Sent: To: Subject: Carlsbad City Council Members: Marcia Venegas-Garcia Monday, January 4, 2021 7:43 AM City Clerk Stronger Enforcement of SD County Health & Safety Guidelines As a 77 year old senior I urge you to consider stronger enforcement of SD County health and safety guidelines. As it is now I have deliberately stayed away from all businesses in downtown Carlsbad and beaches for lack of confidence for my safety and health. I have only visited two businesses in Carlsbad during the past eleven months (P raeger Bros Bakery and Jimbo's Marketplace during senior-designated hours). On one occasion while making a bakery purchase a young woman cashier was verbally accosted by two middle-aged women refusing to wear masks and insisting that mask-wearing was not an effective practice. The young cashier was frightened and confused and left without recourse to enforce clearly posted guidelines for purchase in that business and I was left exposed to two women who may have been carrying the SARS-CoV-2 virus. I was in sympathy for the cashier and afraid for myself. Please support businesses trying to uphold responsible health and safety practices to keep those like me safe . You may find us more inclined to support other businesses with more confidence in the long run. Marcia Venegas-Garcfa CAUTION: Do not open attachments or cl ick on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 257 of 328 Mia De Marzo From: Sent: To: Subject: heitchew Monday, January 4, 2021 7:44 AM City Clerk outdoor dining Please let our restaurants continue for dining outside. Outdoor dining is safe, these restaurants will not survive. Thank you, Kimberly Heitchew Sent from my Sprint Samsung Galaxy SlO. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 258 of 328 Mia De Marzo From: Sent: To: Subject: Jonathan Herring Monday, January 4, 2021 7:51 AM City Clerk Jan 5th special meeting I implore this council to allow small businesses to stay open and continue their protest. Cory Schumacher is a disgrace to our wonderful city. She does not represent most residents. J Herring ICAUTION:Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 260 of 328 Mia De Marzo From: Sent: To: Subject: Lynne Joseph Monday, January 4, 2021 7:53 AM City Clerk Outdoor dining Please allow restaurants to serve outdoors. Servers can stay masked and if guests remove masks for eating there is no reason to stop this. People must be allowed to return to work and the residents have the choice to eat out or not. The financial disaster is devastating. Lynne Joseph Carlsbad Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 261 of 328 Mia De Marzo From: Sent: To: Subject: To Whom it may concern: Johnelle Parker Monday, January 4, 2021 7:54 AM City Clerk Keeping Restaurants Open in Carlsbad I believe that the restaurants and bars in Carlsbad have been thru Enough!!! They have spent thousands of dolla.rs compiling to new regulations,,,,, tents, barricades, heating, spacing, sanitizing etc etc. I think the City Council should vote to allow them to keep Open. I think it is a disgrace that people come to Carlsbad and run for public office ... never having lived he re ... get elected and think they own our Village .... and can run the show ...... something needs t o be done about that!!!! Sincerely, Mrs Oakley Parker Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 262 of 328 Mia De Marzo From: Sent: To: Subject: To whom it may concern, Jennifer Miller Monday, January 4, 2021 8:01 AM City Clerk January 5th special meeting To you our jobs may not be essential. I have been a bartender and bar manager in Carlsbad for 13 years. This is my job. This is my livelihood. You offer nothing in return but want to take everything from me. I am an American and my RIGHT to earn a living is essential. We have been doing everything you have asked for! Protocols, sanitizing, social distancing, spending money on upgrading for outdoor dining, wearing masks for 8-9 hours straight. Nothing is ever enough. Ever. You still get a paycheck so what do you care right?! You are ruining people's lives. I guarantee you that more people are dying from lock down measures. Lock down measures including depression, substance abuse, physical abuse, suicide, job loss, anxiety, stress, starvation, and homelessness. More people are dying from these issues than they are of covid-19. People should have a right to choose if they want to go and dine out or if they want to stay in. When did our choice as individuals change? Isn't that what freedom and America is all about? You can say I'm selfish for wanting to provide for myself and my family. But, the boat rocks both ways. You will break many things you can't fix if you enforce closing local businesses down. Thank you for your time. Best, Jenny Miller CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 263 of 328 Mia De Marzo From: Sent: To: Subject: Nicole Nyegaard <> Monday, January 4, 2021 8:08 AM City Clerk Keep restaurants open! To whom it may concern: My name is Nicole Nyegaard and i am a resident in Carlsbad. I am not sure if you all realize the devastation that closing our restaurants have caused . Besides the Fact That there is no scientific data proving that restaurants and bars are super spreaders. In fact ... it's the opposite. Instead of going to restaurants people have been gathering in large groups out of desperation for human contact. They will not stop gathering, however, giving them the option to gather safely in restaurants i believe is a safer option. Now i know there is a political agenda and so do you. It is time for you to stand up for your constituents and LET US MAKE A LIVING!!! You know what the right thing to do is, now please just do it!!! Don't make us suffer any longer. We have children to feed . Are you going to feed them? Are you going to pay our bills?!! No?? Well then let us work!!! Sincerely-Nicole Nyegaard !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 264 of 328 Mia De Marzo From: Sent: To: Subject: Monday, January 4, 2021 8:09 AM City Clerk Do not shut them down! I'm writing to offer my support to the businesses staying open at this time. Do not shut them down. They are simply trying to make a living and there has been no evidence linking outdoor dining to the spread of the virus. They've done everything and many of them have already had to shut down permanently. Do not sign these people's death certificate. Let them work. Stand up for freedom and do the right thing!! Joe VanDalsem Carlsbad taxpayer. CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 265 of 328 Mia De Marzo From: Sent: To: Subject: Meredith Cuff Monday, January 4, 2021 8:11 AM City Clerk January 5th -Special Meeting This email is to support the cause of our restaurants, gyms, nail, hair salons staying open in Carlsbad . By keeping these businesses closed it is hurting the livelihood of our community and it's residents. The proper protocols are being observed and keeping these businesses open are not a threat to healthy people -those at risk can choose to stay home. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 266 of 328 Mia De Marzo From: Sent: To: Subject: To Whom it may concern: Lily Monday, January 4, 2021 8:13 AM City Clerk Enforcement of restrictions on outdoor restaurants Please do not enforce restriction on the outdoor restaurants. We need to support our small business. Thank you, Lily Pomonis Sent from Mail for Windows 10 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 267 of 328 Mia De Marzo From: Sent: To: Subject: Work Monday, January 4, 2021 8:15 AM City Clerk Do not stop outdoor dining There is no evidence outdoor dining has contributed to Covid cases David Miller Phone 760-717-1707 Fax 866-477-0370 Cal lie 0654812 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 268 of 328 M ia De Marzo From: Sent: To: Subject: Sent from Mail for Windows 10 Susan Smith Monday, January 4, 2021 8:15 AM City Clerk Outdoor dining PLEASE PLEASE PLEASE LEAVE OUTDOOR DINING ALONE. PEOPLE ARE GOING CRAZY WE NEED SOMEWHERE TO GO! !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 269 of 328 Mia De Marzo From: Sent: To: Subject: David Palombo Monday, January 4, 2021 8:16 AM Council Internet Email; City Clerk Keep out door dining open DO NOT ENFORCE OUTDOOR DINING RESTRICTIONS. THIS IS CRAY AND DESTROYING OUR COMMUNITY. HELP THE LOCAL BUSINESS PEOPLE. Best regards, David Palombo !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 270 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Kathryn Laraia Monday, January 4, 2021 8:19 AM City Clerk Carlsbad Restaurants We are Carlsbad residents and, as taxpayers, we are emailing you to urge you to not enforce restrictions on outdoor dining that follows guidelines set by the CDC. One of the things we love most about Carlsbad is the sense of community and many of the family-owned restaurants in our great city contribute to that. Enforcing closures of restaurants will not eliminate Covid-19; however, it will have an even more negative impact on our economy and on people's lives and well-being. There is no scientific evidence that states outdoor dining increases the risk for Covid-19 as long as CDC precautions have been followed. Carlsbad restaurants have spent thousands of dollars to ensure those standards set by the CDC have been met. It is not ethical to punish these business owners, employees and the citizens (taxpayers) of Carlsbad because of unrealistic expectations set by members of our local and state government. Thank for taking the time to read this. Sincerely, Kathryn and Nick Laraia CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 271 of 328 Mia De Marzo From: Sent: To: Subject: Dear Carlsbad City Clerk, Ruthanne Powell Monday, January 4, 2021 8:23 AM City Clerk SAFE OUTDOOR DINING Please allow outdoor dining if it continues to be conducted in a safe manner. I have 3 auto immune diseases and do not dine out. I live near one of our cities restaurants and want to support them and our family does order take out. I agree with Dr. Wooten. Sincerely, R. Powell Carlsbad, CA 92008 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 272 of 328 Mia De Marzo From: Sent: To: Subject: Good Morning, Betzi N Monday, January 4, 2021 8:27 AM City Clerk; Council lnternetEmail Carlsbad Outdoor Dining I hope this message finds you well! Wanted to reach out this morning to urge you not to enforce restrictions on the outdoor dining locations that are following the safety protocols set by the CDC. Everybody is struggling right now, I want to see our village be an example of how to be safe at outdoor dining! I chose Carlsbad when moving here years ago because of the integrity I felt every time I visited. I hope we don't lose that. Growing up in a small town and watching family owned businesses go under, because big chains were coming in, was heartbreaking and something I hope to never see again. The way family friends' lives were altered is something you don't expect, especially when you poor your heart, soul and savings into your dream. Please consider keeping their dreams alive. Respectfully, Carmen E. Nimeth !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 273 of 328 Mia De Marzo From: Sent: To: Subject: The Maldis Monday, January 4, 2021 8:28 AM City Clerk; Council Internet Email Restaurant Closures While I respect Governor Newsom's leadership during this time of crises -especially since there is no leadership coming from the White House - I think he missed the mark on one issue: the closure of outdoor dining and operation of salons. * Since the pandemic began in March, our small locally owned restaurants have made huge investments in safety and sanitation protocols. There is no scientific proof that people who eat outdoors in a socially-distanced manner are more likely to contract Covid-19. If a person can go to a grocery store (vs pick up or delivery), they should be able to eat outdoors at one of our restaurants. It's almost like restaurants are being treated as the red-headed stepkid, and made to bear the brunt of the Covid burden. * Luckily Southern California has great weather, so eating outdoors is an option for the most part. Those who are at risk (or are in close contact with at risk family members or friends) need to be extra cautious when determining their comfort level of dining out, grocery shopping, exercising, etc. * This GLOBAL pandemic should NOT be political, but unfortunately it has taken that route. People who work in restaurants or personal care services should not be forced to lose their ability to earn a living and feed their family. Ideally, I would like to see help from the government specifically for these employment sectors, but that hasn't occurred so it isn't a viable solution. * Carlsbad's biggest money maker is tourism, and tourists are attracted to our town because of its quaintness and the many small locally owned businesses that are a part of it. Do we really want the majority of these businesses to shut their doors, so our downtown area can turn into a ghost town and/or be filled with chain restaurants and big box retailers? While I do not consider it a constitutional right for restaurants and salons to be open, I do believe it's the right thing to do. I urge you to help support our local businesses, and allow them to continue to safely operate. Sincerely, Pat Maldi Carlsbad, CA 92008 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 274 of 328 Mia De Marzo From: Sent: To: Monday, January 4, 2021 8:29 AM City Clerk Subject: Fwd: Please enforce Restaurant restrictions Sent from my iPhone Begin forwarded message: From: Date: January 4, 2021 at 8:24:23 AM PST To: clerk@carlsbdca.gov Subject: Please enforce Restaurant restrictions As a Carlsbad resident I support enforcement of restaurant restrictions. It is most important to prevent spread of virus. Manhattan Beach is an example of a coastal city that make outside restaurant seating available to the public and saw their virus numbers significantly increase. See Article in LA times today. · Perhaps City of Carlsbad can encourage delivery of take out food and also reach out to all small business owners about city funds available to support them during this time. We're counting on you to make safe and smart decisions. Please don't let vocal virus deniers influence you. Thank you, Karen Johnson 92008 Sent from my iPhone !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 275 of 328 Mia De Marzo From: Sent: To: Subject: teri bowers Monday, January 4, 2021 8:32 AM City Clerk; Council Internet Email Fwd: Carlsbad Restaurants and Gyms Good morning, I have heard you have called a meeting to discuss the enforcement against restaurants, gyms and salons who are practicing their constitutionally given right to peacefully protest. I do not support closing these businesses, I support safely keeping businesses open and people employed. There is no data that shows the spread of covid 19 is linked to outdoor dining (or even indoor for that matter). We have been on lockdown since the beginning of December and cases have skyrocketed. Locking down the State is just forcing people to lose their sources of income and businesses they have worked so hard to keep. It has done nothing to stop the spread. Please listen to science and the constitution to allow these businesses to keep operating safely. Thank you, Teri VanDalsem !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 276 of 328 Mia De Marzo From: Council Internet Email Sent: To: Monday, January 4, 2021 8:34 AM City Clerk Subject: FW: Carlsbad Restaurants -----Original Message----- From: Kathryn Laraia Sent: Monday, January 4, 2021 8:20 AM Subject: Carlsbad Restaurants Hello, We are Carlsbad residents and, as taxpayers, we are emailing you to urge you to not enforce restrictions on outdoor dining that follows guidelines set by the CDC. One of the things we love most about Carlsbad is the sense of community and many of the family-owned restaurants in our great city contribute to that. Enforcing closures of restaurants will not eliminate Covid-19; however, it will have an even more negative impact on our economy and on people's lives and well-being. There is no scientific evidence that states outdoor dining increases the risk for Covid-19 as long as CDC precautions have been followed. Carlsbad restaurants have spent thousands of dollars to ensure those standards set by the CDC have been met. It is not ethical to punish these business owners, employees and the citizens (taxpayers) of Carlsbad because of unrealistic expectations set by members of our local and state government. Thank for taking the time to read this. Sincerely, Kathryn and Nick Laraia CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 277 of 328 Mia De Marzo From: Sent: To: Subject: C Penick Monday, January 4, 2021 8:40 AM City Clerk OUTDOOR DINING RESTRICTIONS Please do not enforce restrictions on outdoor dining for restaurants that follow the CDC guidelines! There are people who work at and own these businesses that want to work and take care of themselves and their . families. If larger, busier stores can remain open under guidelines, so can our small businesses! Thank you. Cindy Penick !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 278 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Molly Alexander < > Monday, January 4, 2021 8:45 AM City Clerk Keep Outdoor dining! I'm a resident of the Barrio in Carlsbad and I disagree with enforcing the ban on outdoor dining. Please keep our small businesses open safely-outdoors! Thank you, Molly Alexander Molly Alexander I molly@lazyjlifestyle.com Portfolio/Blog: https://urldefense.com/v3/ _http://www.mollyalex.com_; ! !E_ 4xU6-vwMWK-Q!-ZTeuKmk6hJQc- 8IFDEGs_34iRpn_im6WHFgle15gXRgJg4DfgDASS0Ptu7wWNSeL_8$ Shop here: https://urldefense.com/v3/ _http://www.etsy.com/shop/LazyJLifestyle_; ! !E_ 4xU6-vwMWK-Q!-ZTeuKmk6hJQc- 81FDEGs_34iRpn_im6WHFgle15gXRgJg4DfgDASS0Ptu7wo96plTQ$ & here: https://urldefense.com/v3/ _http://www.society6.com/mollyalex_; ! ! E_ 4xU6-vwMWK-Q!-ZTeuKmk6hJQc- 81FDEGs_34iRpn_im6WHFgle15gXRgJg4DfgDASS0Ptu7wcBSZPWQ$ CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 279 of 328 Mia De Marzo From: Sent: To: Subject: Enhanced Restrictions Michael Franklin Monday, January 4, 2021 8:46 AM City Clerk; Michael Franklin Restrictions Politicians continue to trample our rights and hide behind "we are following the science" slogans -they are just that SLOGANS, there is no science. Instead let's look at the facts - • over 99% of people who contract COVID recover (and that is before the vaccine). So you desire to be even more draconian for <1%?? • ICU's are not overflowing -I have visited hospitals; I have family who are health care providers • A good% of patients in ICU are either homeless or illegal (all they know is to call 911 when they feel ill). Yes, these are still our brothers and sisters and I want the best for them but maybe if politicians had the guts to address our real problems then they would not need to hide behind slogans and continue their hypocrisy like esteemed Governor. • ALL restaurants that I have visited follow phenomenal health protocols. These protocols are much better than Walmart, Costco or unbelievably allowed strip clubs. I encourage you to treat constituents like adults and trust them to do the right thing. Ask them to be careful, follow enhanced hygiene, stay home if they truly feel ill. Address the real issues that face our society -provide help for those who actually need it, not a $75K truck that drives around as Homeless Outreach, but provide a well-defined path to self-worth and recovery for the homeless and a clearly defined road to citizenship - YOU do work for us by the way not the other way around !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 280 of 328 Mia De Marzo From: Sent: To: Subject: Mitzi Lea Sunday, January 3, 2021 12:15 PM City Clerk Keep Outdoor dining and Small Business Open! I SUPPORT keeping outdoor dining and small businesses OPEN! The numbers and science does NOT support shutting down businesses in North county, especially in Carlsbad and Encinitas. Give small businesses a chance to survive and allow the citizens who vote for you to make their own decisions and risks while protecting others with face masks and social distancing where it is needed. Shutting down these restaurants and small businesses will only cause more financial destruction and personal loss of homes and such. Sincerely, Mitzi Lea !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 281 of 328 Mia De Marzo From: Sent: To: Subject: Lori Hadley Monday, January 4, 2021 8:52 AM City Clerk January 5 special meeting Take a few moments of your time and consider your city in the future without these essential businesses, and yes they are essential to the future of our communities! They provide not only to the wealth of the community but also to the social aspect that people need! Without them Carlsbad will not thrive, will not be a destination for vacations, it will just be a beach! Lori Hadley Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 282 of 328 Mia De Marzo From: Sent: To: Subject: Carlsbad Clerk, Lynda Schubert Monday, January 4, 2021 8:52 AM City Clerk JAN 5 Special Meeting -DO NOT Support Banning Outdoor Dining I do NOT support banning outdoor dining. Science and statistics do not support a closure; it would be an uninformed decision. Show you support for the citizens of Carlsbad and let our restaurants continue to dine outdoors. Thank you! R/S, Martin Schubert Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 283 of 328 Mia De Marzo From: Sent: To: Subject: Sue Glaze Monday, January 4, 2021 9:03 AM City Clerk Shutdown of Restaurants I think they should open with outdoor dining. Sue Glaze CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 284 of 328 Mia De Marzo From: Sent: To: Subject: To whom it may concern, Brittany Ream Monday, January 4, 2021 9:14 AM City Clerk Keep Carlsbad Open I am a former bartender and a resident of North County. In these times it breaks my heart to see all of my friends and family in the industry struggling to keep their businesses going and making all means necessary to do so. Taking our rights away of keeping our businesses open is unconstitutional and taking these people's livelihoods away day by day. This city and county does not want to see any more of these businesses disappear. We all want to continue to support these people safely and respectfully. Please keep our businesses open and allow us Americans to use the rights we endure. Please disregard any typos, sent from my iPhone. Respectfully, Bee Nicole Ream !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 285 of 328 Mia De Marzo From: Sent: To: Subject: Importance: Carlsbad City Council, R. Martin Muldoon Monday, January 4, 2021 9:16 AM City Clerk; Council Internet Email Responsible Businesses High As we find ourselves amidst trying times of a global pandemic, our business community is suffering devastating economic challenges presented by ever-changing Stay at Home Orders. These orders are arbitrary, at best. They aim to penalize the MANDATE-abiding business owner for choosing to safely provide for their employees and their livelihoods. So why is Ms. Schumacher attempting to force the closings of these businesses? Is she trying to protect us from ourselves? Dr. Monica Gandhi, an infectious diseases expert at the University of California, San Francisco {UCSF) told KRON there's been no clear evidence linking outdoor dining to the spread of the virus. "There hasn't been any data presented that if done right with ventilation, with masking, hand hygiene and distancing, smaller tables. Everything that people did and many restaurants did to keep it safe that restaurants became a root of spread." Please let the businesses safely keep afloat for their sake and the sake of the employees. If not for small businesses, their owners and their employees, what would Carlsbad be? Empty, is the answer. Regards, Martin Muldoon !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 286 of 328 Mia De Marzo From: Sent: To: Subject: To the Clerk and Council: Kathy Deering Monday, January 4, 2021 9:20 AM City Clerk; Council Internet Email Support for Local Restaurants These are difficult times, and I appreciate the dilemmas you face in making decisions about how to proceed in the best interests of Carlsbad citizens. That said, I must express my support for continued outdoor service at our restaurants. My husband and I have continued to patronize those that remain open (as well as to order take-out from others), as we have found them to follow carefully those protocols that keep us safe. All employees that we have observed have worn masks at all times and have carefully sanitized tables, chairs, and anything else that may have been touched. I actually feel more protected then I do when I walk the upper boardwalk or into the Village, where I consistently encounter people who do not wear masks or maintain social distance. I am concerned that our restaurants will not survive on a take-out basis only. I also have not heard of any Covid outbreak being traced to a Carlsbad restaurant. Certainly if this has been the case, it would help citizens better understand a need for restaurant closure. The rules for closures seem to be at odds with views expressed by county officials and are somewhat of a moving target. Is there a compromise somewhere to allow continued outdoor dining? Sincerely, Mary (Kathy) Deering !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 287 of 328 Mia De Marzo From: Sent: To: Subject: Kellie York Monday, January 4, 2021 9:25 AM City Clerk January 5th Special Meeting Please do not shut down restaurants due to covid. Thank you! Kellie Hill CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 288 of 328 Mia De Marzo From: Sent: To: Subject: Working Mama Monday, January 4, 2021 9:32 AM Priya Bhat-Patel; Cori Schumacher; City Clerk; Council Internet Email Fwd: Email to City Council Dear Council Member, I DO NOT SUPPORT Your request to enhance enforcement against restaurants, salons and gyms. I support safely keeping our local small businesses open to support our community. Please help these vulnerable people in your district. Your support on this issue will be greatly appreciated by voters affected by this problem. Very Sincerely Yours, -Lynn Wilson !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 289 of 328 Mia De Marzo From: Sent: To: Subject: Hello- Jaclyn Heatherman Monday, January 4, 2021 9:32 AM City Clerk; Council Internet Email OPEN OUR CITY UP!!!! In anticipation of tonight's meeting I implore you to quit feeding into this power grab to continue to treat us like children and cripple local economies. There is absolutely NO data to show that our restaurants and personal services should be closed. OPEN them up and OPEN our schools!!!! With Regards, Jaclyn Heatherman !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 290 of 328 Mia De Marzo From: Sent: To: Subject: Barbie Harkins Monday, January 4, 2021 9:36 AM City Clerk Restaurants open Please let these restaurants stay open for dining in or outside. It is their right and right to PEACEFULLY protest to stay open ... I am not a restaurant owner just a Carlsbad resident and have patroned many restaurants during this pandemic. They have all followed the guidelines put out to them and made it safe for customers so why are they being punished for doing what's right. Sincerely, Barbara Harkins Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 291 of 328 Mia De Marzo From: Sent: To: Subject: To whom it may concern, Ashley Willi Monday, January 4, 2021 9:35 AM City Clerk January 5th Special Meeting This email is intended to support our local small businesses and keep them open for full operations. It should be every individual's right whether they visit a business and every business owner's right whether they remain open. Please do right by our city and keep our businesses open. Regards, Ashley Willi !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 292 of 328 Mia De Marzo From: Sent: To: Cc: Carolyn Wachter Monday, January 4, 2021 9:45 AM Mary Murphy Huber City Clerk Subject: Re: Special Meeting January 4, 2021 -Public Comment You go girl! Our prayers go with you. Sent from my iPhone On Jan 4, 2021, at 8:45 AM, Mary Murphy Huber <marymurphyhuber@gmail.com> wrote: I submit the following to be read by the Carlsbad City Council prior to today's meeting. Thank you, Mary Huber ******** I'm a Carlsbad resident, a retired senior and a grandmother. I found this fact check on the World Health Organization website this morning. FACT: Most people who get COVID-19 recover from it." (graphic attached) California has lost countless small businesses and the jobs that they brought to their communities. Much of the damage caused by the shutdown orders will be permanent, but it is not too late to prevent further harm. Reopening the economy will allow many business owners who are on the brink of bankruptcy to survive, and allow us to start creating some new jobs to replace the thousands that have been lost. I personally support funding the reopening of schools and not funding police to enforce stay at home orders. We are all adults and can choose if we wish to stay home or go out and support businesses. As PUBLIC employees you all continue to receive a salary during the shutdown ... plus additional dollars by attending meetings, have a cell phone allowance, car allowance and you also have full insurance benefits. But you think it is okay for you to demand that PRIVATE businesses shut down. You are so wrong. And we have a governor that enjoys dining at the French Laundry without a mask and closing businesses but not his own winery! This madness needs to stop. Mary Murphy Huber <Covid recovery.png> !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 293 of 328 Mia De Marzo From: Sent: To: Cc: Subject: Mayor and Council members, Patrick Connolly Monday, January 4, 2021 9:47 AM City Clerk; Council Internet Email cori@coriforcarlsbad.com Special Meeting-1/5/2021 re: Covid 19 Enforcement As a 25 year Carlsbad resident/16 years in the Village, US Army veteran, lawyer, former state prosecutor, retired FBI Special Agent Supervisor and Professor Emeritus of Criminal Justice, I fully appreciate the need for "law and order." As a still recovering but non-contagious Covid-19 patient, I also appreciate the viciousness of the virus and the need for government to take "reasonable" steps to protect its citizens. However, when I consider all these factors, I cannot justify the complete and draconian shutdown of our Village restaurants with the resulting impact on owners, employees, and citizen customers. The Village businesses that I am aware of and frequent operate in as safe a manner as possible, using "best practices" based upon our current state of knowledge regarding Covid spread. They should not be subjected to the drastic penalty of complete shutdown of on-site outside dining because of what maybe could happen, or the stupid actions of the few dumb customers who may flaunt Covid prevention measures. You want to enforce -enforce against those who refuse to mask or distance, etc. and the very few businesses that do not enforce such precautions. Council -be wary of government generated bureaucratic solutions that appear easy and efficient, because generally they are too broad and overreaching. Such governance is the hallmark of dictatorships; not of federal republics governed by constitutional principles that protect citizen business owners and customers from arbitrary, capricious, and unreasonable government dictates -no matter how efficient or well intended. Recently, we have heard a lot about social justice and the right to protest and even engage in peaceful civil disobedience. To me -this issue is one of social and economic justice, and rises to the level where peaceful civil disobedience is justified. I applaud the businesses/owners who have remained open AND operated in as safe a manner as possible. I will be there for them as they remained open for us. And if you must grant a Pyrrhic victory to those council members who have unnecessarily raised this issue -fine those offending businesses $1 for every day they remain open in defiance of our governor's over-broad mandate and the misplaced calls for strict enforcement. $1 a day would send the right message to all involved! My guess is that the "protest tip jar" at each of these establishments will overflow. Respectfully Patrick Connolly Village Resident Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 294 of 328 Mia De Marzo From: Sent: To: Subject: Jessica Muto Monday, January 4, 2021 9:58 AM Cori Schumacher; Council Internet Email; Matthew Hall; City Clerk January 5 Special Meeting -Support our community -stop punishing local business owners and employees Dear Mayor Hall and Ms. Shumacher, As a resident of Carlsbad, I want to voice my concerns about Cori Schumacher's desire to punish the small business owners of Carlsbad, especially the salons, restaurants, and gyms that are serving not only their customers but also their employees. These places are not "super spreaders" of a virus with a 99.96% survival rate -but shutting down these places causes irreparable damage to the employees who need them to pay their bills, the owners who need them to pay their bills, and the customers who need their services. Surely it should be the priority of all public servants to support the members of our community no matter where they work. No one should be told they are "nonessential"! Finally, if it is safe for Wal mart, Target, and Costco to be open, it is safe for churches, restaurants, salons, and gyms to be open. Instead of spending our resources in having police drive by restaurants who are trying to pay their people and serve their community, spend these resources helping these businesses maintain safety: more space to spread out, more masks and cleaning supplies, air purifiers, etc. We can do better than this! Punishing these businesses is the opposite of "unity" -your desire to do so just exposes the fraud that you are and the destructive agenda that you are pushing. Please do the right thing: allow these businesses to stay open as is their Constitutional right. The fear of the people and the desire for power of elected officials are not rights protected by the Constitution of this great country. You must protect our freedoms; that is what you are elected to do. Do it. Thank you for your time. Jessica Muto "The future has several names. For the weak, it is impossible; for the fainthearted, it is unknown; but for the valiant, it is ideal." - Victor Hugo !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 295 of 328 Mia De Marzo From: Sent: To: Subject: Jerry Lockard Monday, January 4, 2021 10:06 AM City Clerk Restaurant Enhanced Enforcement First, let me state I have no relationship with any of the restaurant owners in Carlsbad. I retired and moved here because I love the small town community atmosphere. I love doing my shopping and eating in downtown Carlsbad and that's why I'm writing this email to the council. You must NOT close our small businesses downtown. They have been through hell with all the openings then closings then dine out only then back in! Those that haven't closed permanently are hanging on by a thread and now you are proposing to lay more penalties a on them. Bottom line, I am totally against Cori Schumacher's proposed enforcement enhancement. The restaurant owners and employees have suffered enough already. If anyone feels eating in a restaurant endangers them, then don't go but don't take away my rights! There has been no evidence showing the Covid's in a Carlsbad restaurant has led to any Covid cases. I feel one is much more likely to come into contact with a Covid's carrying person in Walmart, Home Depot, Von's, Stater Bros, Albertson's or Costco versus in a downtown restaurant. Why have enhanced enforcement against them and not the big box stores? Is it because they carry more political clout than the small locally owned businesses? Respectfully, Jerry K. Lockard CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 296 of 328 Mia De Marzo From:· Sent: To: Subject: chela1sd Monday, January 4, 2021 10:09 AM City Clerk January 5th special meeting I believe businesses following covid protocol protections should be allowed to remain open. It is unfair that big box does remain open while small businesses suffer. Thank you. Sheila Thompson Sent from my Verizon, Samsung Ga laxy smartphone !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 297 of 328 Mia De Marzo From: Sent: To: Subject: All, Jess Caris Monday, January 4, 2021 10:10 AM City Clerk Please do NOT enforce restrictions on our restaurants, which are struggling to stay alive Please keep our neighborhood restaurants open for outside dining, and stop crushing the heart of our community, as each day more and more family owned and small businesses are shuttered. Best, Jessica Caris Jessica Caris I Partner Haven Tower Group, LLC in "# !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 298 of 328 Mia De Marzo From: Sent: To: Subject: To Whom It May Concern, Madeline Hoeg Monday, January 4, 2021 10:13 AM City Clerk; Council Internet Email Saving our Restaurants Please do not enforce the restrictions on outside dining in Carlsbad. Please help our local businesses survive. Sincerely, Madeline Warner Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 299 of 328 Mia De Marzo From: Sent: To: Cc: Subject: Hello, Ryan Woodworth Monday, January 4, 2021 10:15 AM City Clerk drogersnutrition@gmail.com January 5th special meeting I've been a resident of Carlsbad and Encinitas for 35 years. I support all local small businesses in their efforts to safely remain open. I do not support government forced shutdowns. Every business and every job is essential and it is not .the governments job to determine who can work and who cannot. Regards, ~PAYMENT ~ ~ LOGISTICS !:J PayLink · Ryan Woodworth VP of Operations, Payment Logistics why.pay.link I paymentlogistics.com follow us I friend us See how Paylink® is revolutionizing commerce at why.pay.link Payment Logistics, Pay link and their respective icons, ore registered trademarks of Payment Logistics Limited. All rights reserved. CONFIDENTIALITY NOTICE: This e-mail message and any attachments are only for the use of the intended recipient and may contain information that is privileged, confidential or exempt from disclosure under applicable Jaw. If you are not the intended recipient, any disclosure, distribution or other use of this e-mail message or attachments is prohibited. If you have received this e-mail message in error, please delete and notify the sender immediately. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 300 of 328 Mia De Marzo From: Sent: To: Subject: Trishia Filbrun Monday, January 4, 2021 10:19 AM City Clerk Allow restaurants to stay open Please allow restaurants to stay open with outdoor dining for the sake of people's families, their livelihood & our economy. This is a free country, and we should be allowed to choose if we want to go to a restaurant or not without the government dictating it for us. These health mandates have gone beyond reason and are becoming oppressive. It is unconstitutional. > > Thank you for considering our concerns, > > Trishia Filbrun > > Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 301 of 328 Mia De Marzo From: Sent: To: Subject: CJ Ferns Monday, January 4, 2021 10:19 AM City Clerk; Council Internet Email Local Shutdowns Local government has no authority to limit the rights of free Americans. We all agreed when it was "15 days to flatten the curve", but this has gone on long enough. We don't limit the freedoms of healthy Americans because there is a possibility of getting sick ... Your authoritarian approach to governing is wrong, anti-American, and Anti-human. As a group, we are making the response to Covid more deadly than Covid itself. As a citizen of Carlsbad I urge you not to fabricate and enforce Orwellian policies in an attempt to control the populace exposure to Covid. As a FREE AMERICAN I will choose what level of risk I am willing to expose myself to. Thank you. CJ Ferns !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 302 of 328 Mia De Marzo From: Sent: To: Subject: Dear Sir and/or Madam, Starr Grundy Monday, January 4, 2021 10:30 AM City Clerk; Council Internet Email Please enforce the restrictions on dining Please start to enforce the restrictions on restaurant dining in Carlsbad. I have seen more and more people at these restaurants both inside and outside. It is ridiculous that the State mandated safety precautions are not being policed. I would be more in favor of outdoor dining if restaurants hadn't started to put more and more tables outside. Also, the tents that are covering some outdoor areas make it like you are eating indoors. With air flow, COVID-19 can spread very quickly. https://www.forbes.com/ sites/ suza n ne row an kel le her /2020/12/15/th is-is-how-q u ickly-covid-19-ca n-sp read-i n-a-resta u rant-per- new-study/?sh= 1542221 fe4ce "Adults with positive SARS-CoV-2 test results were approximately twice as likely to have reported dining at a restau rant than were those with negative SARS-CoV-2 test results." https://www.newsweek.com/coronavirus-california-san -francisco-dining- resta ura nts-covid-spread-infection-1554830 I understand the financial hardship of closing restaurants ... but there are programs to help with this. Best regards, Starr Grundy !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 303 of 328 Mia De Marzo From: Sent: To: Subject: Adam Haines Friday, January 1, 2021 3:01 PM City Clerk January 5th meeting I do not support you, I support safely keeping businesses open! If you want to put people out of work, why don't you put yourself out of work and lose your paychecks each month! We pay your salary and that's not fair. As a business who does work for the city of Carlsbad, I already see a lot of wasted money from selfish employees .... not cool to put others out when government workers waste so much of our tax dollars! We want Carlsbad safely open! CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 304 of 328 Mia De Marzo From: Sent: To: Subject: Lucy Early Friday, January 1, 2021 11 :53 AM Council Internet Email; Cori Schumacher; Priya Bhat-Patel; City Clerk Enforcement of Small businesses -Special Meeting I am a Carlsbad resident and I support small businesses remaining open! I am so incredibly sad to see what you are trying to do to the small business person. I am so blown away by the city council's lack of support and attack of our small businesses families trying to survive, feed their families and their staff. I am in absolute support in allowing them to protect their constitutional rights as well as guests in the peaceful protest of arbitrary (as shown by two judges now as well as Ms. Wooten) and unconstitutional government orders .. PLEASE do not enforce small businesses that are following cdc guidelines and have invested so much into safely serving outdoors. Contact tracing is not even required at big box stores but it is at small restaurants??!?!?!! We will be all run by corporations very soon, and it's on you, our elected officials. If you shut them down, pay their bills! You are forcing bankruptcy of the small business. A $25,000 grant for the state does not make up for the last 10 months of this! STOP trying to enforce our small businesses. Thank you! !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 305 of 328 Mia De Marzo From: Sent: To: Cc: Subject: Lori McCrea Monday, January 4, 2021 10:39 AM City Clerk Cori Schumacher; Priya Bhat-Patel January 5th Special Meeting Good morning. I am emailing in support of the local Carlsbad restaurant community. We frequent many of these restaurants, and specifically we go to Senor Grubby's a lot and have gotten to know many of the staff there personally. This year has been extremely difficult financially for the restaurant and employees and to shut down to take out only would be devastating for them. One of the employees we know at Grub bys is a single female, no immediate family, no kids, and lives by herself and Grubbys is her only source of income. Without a steady income, she is at risk of becoming homeless. The recent $600 stimulus doesn't even begin to touch her bills. Another employee we know at Grubbys is married to another server who works at another local restaurant. Closing the restaurants down will cause BOTH of them to be out of work. They are still recovering from living on their credit cards from earlier in the year. These restaurants have all made significant changes and have had to purchase outdoor tables, and other equipment to stay open, and are doing so SAFELY. Each time we are there, the staff is very conscientious of masks, 6 foot distances, etc. They are doing an incredible job and are still barely financially surviving as it is. Through all of this, Senor Grubbys has STILL continued to support the community. They recently did a fund raiser for @gotyourbacksd where they were collecting donations and food for children right in North County San Diego. We donated to this cause and many others that Grub bys has done. A loss of any of these restaurants will be devastating to the employees, the owners, and the community. Please let them stay open! Lori A. McCrea !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 306 of 328 Mia De Marzo From: Sent: To: Subject: Patricia Dunatte Monday, January 4, 2021 10:56 AM City Clerk; COUNSIL@carlsbadca.gov Keep businesses open As a citizen and resident of Carlsbad, I urge you to keep all businesses open in Carlsbad as the shut downs are illegal and unconstitutional! We the people are fighting from tyranny and for our freedoms. Thank you for your service. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 307 of 328 Mia De Marzo From: Sent: To: Subject: Danice Ruscigno Monday, January 4, 2021 10:57 AM City Clerk; Council Internet Email Restaurants remaining open Hello esteemed Carlsbad Council Members, Please do not enforce the business closures our heavy-handed governor is trying to impose. San Diego North County has been handling, for the most part, the COVID situation thoughtfully. Attempting to be prudent with the citizens' health while not crippling our economy. I implore you to continue fighting for your city, it's occupants and businesses. You are not alone in resisting Newsome's mandates, we need more voices in the cry "enough is enough!" Thank you for your time and thoughtful consideration. Danice Ruscigno !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 308 of 328 Mia De Marzo From: Sent: To: Subject: Dear Madam Clerk, Brad Kaylor Monday, January 4, 2021 11 :02 AM City Clerk Special Meeting I would like to express to the council my strong objection for moving forward with increased enforcement actions against the restaurant industry in Carlsbad. It's been almost a year since we entered into the Covid crisis and we're all aware of the risks and effects from the virus. Its time to let individuals make their own decisions about the risk associated with going out in public. At this point there is NO clear and convincing evidence to support that increased administrative action against the small business owners of our community will have any affect whatsoever on Covid prevention. However it is indisputable that such action will only further inflict unnecessary punishment on the business we love and support. Why target restaurants when there are so many other industries that have been allowed to open and continue business? I'm sure the answer lies somewhere in the fact that its one of the few areas the council can bully without significant financial pushback or challenge. Which makes the action even more petty and political. Additionally, to allocate special funding for increased enforcement is fiscally irresponsible. Every police officer assigned to ticket restaurant owners is another officer not patrolling the streets keeping us safe . My family (which includes and ER doctor and covid nurse) and friends are all strong supporters of the downtown business district. We do not support any council action on this matter. Respectfully, Brad and Jennifer Kaylor Carlsbad Residents !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 310 of 328 Mia De Marzo From: Sent: To: Subject: · Danice Ruscigno Monday, January 4, 2021 11:02 AM City Clerk; Council Internet Email January 5th special meeting Hello esteemed Carlsbad Council Members, Please do not enforce the business closures our heavy-handed governor is trying to impose. San Diego North County has been handling, for the most part, the COVID situation thoughtfully. Attempting to be prudent with the citizens' health while not crippling our economy. I implore you to continue fighting for your city, it's occupants and businesses. You are not alone in resisting Newsome's mandates, we need more voices in the cry "enough is enough!" Thank you for your time and thoughtful consideration. Danice Ruscigno !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 311 of 328 Mia De Marzo From: Sent: To: Subject: Greg Combs Monday, January 4, 2021 11 :05 AM City Clerk health order enforcement options -support opening businesses Hello, please pass along my support for keeping businesses open in a safe manner, which is possible in some way or another in all circumstances. I expect statistics about transmission are well understood and common sense will be applied. Our job as citizens is to use reasonable measures to limit and reduce as much as possible the virus' spread and maximize protection to those believed to be vulnerable to negative consequences, while still enabling life to move forward by the overwhelming majority that will never need healthcare services related to Covid. Thank you, Greg Combs Resident since 2002 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 312 of 328 Mia De Marzo From: Sent: To: Subject: Hi, Kristin Hensley Monday, January 4, 2021 11 :06 AM City Clerk Outdoor Dining Please do NOT do anything more to these restaurants and workers who are keeping restaurants open for outdoor dining. Their livelihood depends on our support! They don't want government hangouts -they want to work. I'm sure our tax dollars can be put to better use than spying, reporting on, and harassing our neighbors! Stop dividing our city and focus on issues that really matter. Sincerely, Kristin Hensley Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 313 of 328 Mia De Marzo From: Sent: To: Subject: Hello, JD Trout Monday, January 4, 2021 11 :14 AM City Clerk January 5th special meeting I have lived in Carlsbad most of my life and I am currently a homeowner in Robertson Ranch. I am writing today to show my support for allowing restaurants to continue to operate outdoors. Forcing them to be take-out only without providing supplemental support will result in many of them having to close. The end of the pandemic is within sight, please don't crush the small businesses that have been working hard to survive this difficult year. If the city of Carlsbad is set on enforcing the take-out only order, I would ask that the city find a way to support these businesses that are being forced to close. Thank you, -JD Trout- !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 314 of 328 Mia De Marzo From: Sent: To: Subject: Mayor, City Council and Staff, cate miller Monday, January 4, 2021 11: 17 AM City Clerk Special council meeting January 5, 2021 I support local restaurants and businesses in Carlsbad to operate safely without enhanced enforcement as suggested by Councilperson Schumacher. There is no need to put these owners and operators in a position to lose their business and livelihood. This will in turn cause great economic harm to Carlsbad and families. We don't need the overreach! Allow these savvy business owners to make their own decisions on how to operate safely during the pandemic. We need them to thrive! There is also no need to put this burden on our first responders or City Staff. Sincere regards, Cate Miller 25 year resident and supporter of local merchants Carlsbad CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 315 of 328 Mia De Marzo From: Sent: To: Subject: Cari Jackson Monday, January 4, 2021 8:35 AM City Clerk Allow outdoor dining To whom it may concern. Please vote to allow outdoor dining in Carlsbad. There is no science to back that closing outdoor dining decreases the spread of covid. In fact, there is strong evidence that closing thing increases numbers because it forces people to enjoy themselves in other, less safe ways like inviting friends to their homes. People are not robots and need enjoyable experiences that can happen in a safe environment like outdoor dining. Those who are nervous can stay inside but don't stop the rest of us from a nice, safe evening out. Thank you, Cari Jackson !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 316 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Diana Rogers Monday, January 4, 2021 11 :24 AM City Clerk Fwd: January 5th special meeting I've been a resident of Carlsbad and Encinitas for 35 years. I support all local small businesses in their efforts to safely remain open. I do not support government forced shutdowns. Every business and every job is essential and it is not the governments job to determine who can work and who cannot. In love & health, Diana Rogers cNc Clinical Nutritionist & Trained Doula !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I· 1 Jan. 5, 2021 Item #1 Page 317 of 328 Mia De Marzo From: Sent: To: Subject: Monday, January 4, 2021 11 :27 AM City Clerk Let outdoor eating continue! No science supports closing outdoor dining! Stop penalizing outdoor dining at restaurants. This is ridiculous - I can go into Costco, be surrounding by 300 people in close contact. Shop at Target, Home Depot, Sprouts, Dollar General, Walmart. All the big box stores are considered essential. Who makes the decision that outdoor dining is non-essential or more dangerous than shopping at all the stores? I can get Covid anywhere, it is my body, my decision if I want to risk myself to exposure. Thank you, Meg Beery !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 318 of 328 Mia De Marzo From: Sent: To: Subject: Robin Hansen Monday, January 4, 2021 11 :29 AM City Clerk What an embarrassment That the City has to be asked to enforce public safety. At significant cost. Massive crowds, mostly unmasked, at the coastal walkways are a PUBLIC HEALTH HAZARD. The newer, more highly contagious strain is here, and it will spread like wildfire. Our systems are at the breaking point, and many people are not taking responsibility to stop the spread. This goes for the crowded (even outdoor) dining situations I am seeing every day. One cannot even feel safe just trying to do essential errands. THIS IS NOT RIGHT. And it hurts the businesses that are truly essential! I want to see enforcement instead of crowds of unmasked revelers everywhere. Sorry it has to be this way. Thank you. Yours Sincerely, Robin Hansen Addison Sheet Metal, Inc. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 319 of 328 Mia De Marzo From: Sent: To: Subject: Donna Kaitangian Monday, January 4, 2021 11 :32 AM City Clerk Outdoor dining PLEASE DO NOT restrict outdoor dining. For many of us, this is about the only outdoor activity that we CAN do. Just leave the restaurants alone and let us live a little of our life more "normally". Thank you Donna & John Kaitangian Sent from Mail for Windows 10 !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 320 of 328 Mia De Marzo From: Sent: To: Subject: Council Members - Shauna Hurst Monday, January 4, 2021 11 :34 AM City Clerk; Council Internet Email January 5th Special Meeting I stand with local businesses. Please do not add additional enforcement to our businesses, especially outdoor dining. Outdoor dining is not the cause of Covid spikes -do not discriminate against people who own restaurants, gyms and salons. All businesses are essential to keep "Life Rad in Carlsbad". Stand with county supervisors who voted in favor of outdoor dining. Shauna Hurst Carlsbad Resident !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 321 of 328 Mia De Marzo From: Sent: To: Cc: Subject: Dear City Clerk: Nicolas Heidorn Monday, January 4, 2021 11 :39 AM Nicolas Heidorn Kiyana Asemanfar New State Campaign Finance Law Affecting Some Cities Common Cause is a good government nonprofit that advocates for campaign finance reform. I am writing today to update you on a new state law, AB 571, which went into effect on January 1 and may affect campaign rules in your city. Under AB 571, if your jurisdiction has not previously adopted campaign contribution limits for local office, candidates running for city office are now subject to the state default contribution limits of $4,000 per donor. These limits are enforceable by the State Fair Political Practices Commission (FPPC). You can find guidance from the FPPC on the new law here (link to a fact sheet in the first paragraph). • Common Cause strongly recommends you update you notify any known candidates about the new limits and include information about the limits on any city webpage with information for potential candidates. If your city already has campaign contribution limits, you are not affected by the new law. However, state law requires you to provide a copy of your city's campaign finance ordinance to the FPPC at advice@fppc.ca.gov. (In addition, if you don't do so, it is possible the FPPC will assume local candidates are subject to the new state requirements.) You can check if the FPPC has a current/updated record of your city's campaign contribution ordinance here (same link as above -see drop downs). If your city does not have contribution limits, but a $4,000/donor limit seems high, please note any city can opt out of the state default limits at any time by adopting its own local contribution limits. In 2016, Common Cause did a st udy of local contribution limits in California. We found that the average city with a population under 100,000 had a $400 contribution limit and the average city with a population over 100,000 had a $600 contribution limit. Sincerely, Nicolas Heidorn Consultant California Common Cause ca.commoncause.ora 0 ---·-·--·-----·----·-"·-··- CAUTION: Do not open attachments or click on links unless you recoqnize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 322 of 328 Mia De Marzo From: Sent: To: Subject: Carrie Monday, January 4, 2021 11 :39 AM City Clerk January 5th special meeting We have yet to see proof positive that dining at restaurants spreads covid. If Home Depot, Walmart, Target etc are allowed to remain open than so can small businesses and restaurants that have complied with all the safety guidelines. Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Jan. 5, 2021 Item #1 Page 323 of 328 Mia De Marzo From: Sent: To: Subject: Hello, Cindy Staley Monday, January 4, 2021 11 :47 AM City Clerk Comments regarding local restaurants As a local small business owner and resident, I wish to share my opinion regarding outside food service in our community. I applaud the peaceful protests currently going on in Carlsbad, CA. My family and I make a point to patronize the restaurants in our local community. We have made it a top priority during 2020. We are concerned that our small restaurant business community will not survive under the current health advisory of take out only. Small business is the life blood of our wonderful community. Please look at the science and the statistical data relating to the spread of Covid-19. My research concludes in San Diego County, outside dining has contributed under 2% toward the numbers of infected. Kindest regards, Cindy and Hugh Staley C&C Installations, Inc. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 324 of 328 Mia De Marzo From: Sent: To: Subject: Importance: Carlsbad City Council, R. Martin Muldoon Monday, January 4, 2021 11 :49 AM City Clerk; Council Internet Email January 5th Special Meeting High As we find ourselves amidst trying times of a global pandemic, our business community is suffering devastating economic challenges presented by ever-changing Stay at Home Orders. These orders are arbitrary, at best. They aim to penalize the MANDATE-abiding business owner for choosing to safely provide for their employees and their livelihoods. So why is Ms. Schumacher attempting to force the closings of these businesses? Is she trying to protect us from ourselves? Dr. Monica Gandhi, an infectiows diseases expert at t he University of California, San Francisco {UCSF) told KRON there's been no clear evidence linking outdoor dining to the spread of the virus. "There hasn't been any data presented that if done right with ventilation, with masking, hand hygiene and distancing, smaller tables. Everything that people did and many restaurants did to keep it safe that restaurants became a root of spread." Please let the businesses safely keep afloat for their sake and the sake of the employees. If not for small businesses, their owners and their employees, what would Carlsbad be? Empty, is the answer. Regards, Martin Muldoon !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 325 of 328 Mia De Marzo From: Sent: To: Subject: Carl Streicher Monday, January 4, 2021 11 :57 AM City Clerk December 5th Council Meeting !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 326 of 328 Mia De Marzo From: Sent: To: Subject: Thank you, Sara Streicher Carl Streicher Monday, January 4, 2021 11 :59 AM City Clerk Please don't close the business in downtown Carlsbad. They are trying to follow all required safety measures. !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Jan. 5, 2021 Item #1 Page 327 of 328 Mayor Matt Hall City of Carlsbad Council Members Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Special Meeting Item Dear Mayor Hall and Council Members: Carlsbad, CA 92008 December 30, 2020 RECEIVED JAN O 4 2021 OF CARLSBAD CITY ERK'S OFFICE CITY CL In the event that a special meeting is held to discuss Carlsbad's restaurants' peaceful protests and the use of police resources to monitor any possible violations, I would like to register my opinion as a resident of District 1. Over the years preceding the Covid pandemic, I have seen how the Carlsbad restaurant owners have supported various charitable,causes. For example, one donated a percentage of a certain night to a charity in Carlsbad. I do not have all the facts at hand, but I do know for a fact that charity has begun at home as far as restaurant owners were concerned. It is also a fact that the covid restrictions in this past year have hit Carlsbad's restaurants and small business particularly hard. The bustling business section of town is almost ghost-like at times. Therefore, I ask that our City Council not take any action which will further affect businesses in a negative manner. If we, the customers, can do our part by ordering food to be taken out, surely the leaders of the community can do its part by recognizing the dire need to survive on the part of the restaurant owners and the many staff they employ. These constituents rely on leadership to assist them as they have assisted the community over the years. Furthermore, I believe it to be a waste of valuable resources to ask our police force to monitor the ethics of the restaurant owners. We have seen the important work the officers do and it's our job as citizens to recognize and support them. Recently, I had a slight fall and had to call on the police department to assist me in getting back on my feet. Thank God they were available to help me. Their recent success in solving a homicide in Carlsbad was outstanding, and I believe it is demeaning to ask them to act like "nannies" to chastise our business owners. Thank you for any consideration you may give my opinion. Sincerely,~~ Jean Moreno U ---. Jan. 5, 2021 Item #1 Page 328 of 328 All Receive -Agenda Item # j_ For the Information of the: CITY COUNCIL Date ~ CA ✓ CC_'L. CM ~ ACM _iocM (3) jL. Jan.5,2021 Council Memorandum To: From: ·via: Honorable Mayor Hall and Members of the City Council Neil Gallucci, Chief of Police Geoff Patnoe, Assistant City Manager ~ {city of Carlsbad Re: Additional Materials Related to Staff Report Item No. 1-Administrative Enforcement of Public Health Orders This memorandum provides an update to Agenda Item No. 1 for the City Council Special Meeting on Jan. 5, 2021. This update includes additional information related to the Police Department's enforcement of the County Health Orders (CHO) over the New Year's weekend. The "Discussion" section of the Staff Report for Agenda Item No. 1 should include the following additional information as the fourth paragraph under Criminal Enforcement: The Police Department conducted CHO enforcement over the New Year's weekend, specifically to enforce the CHO at businesses within the city. Between Thursday, Dec. 31, 2020, and Sunday, Jan. 3, 2021, there were a total of 90 visits to 27 businesses that had cease and desist letters on file. During these visits, the Police Department found 54 violations at 19 establishments that required additional documentation, including crime reports and supplements to previously taken crime reports. 12/31/20 1/1/21 1/2/21 1/3/21 Visits Made 19 19 25 27 Violations Documented 12 12 17 13 As of Jan. 4, 2021, the following businesses have been issued cease and desist letters: • The Alley -421 Grand Avenue • Anytime Fitness -5814 Van Allen Way • Awaken Church -2716 Gateway Road • Barrel Republic -2961 State Street • Caldo Pomodoro -2907 State Street • Clara -300 Carlsbad Village Drive #213 • The Compass -300 Carlsbad Village Drive #202 • Daily News Cafe -3001 Carlsbad Boulevard Suite A • Din i's -3290 Carlsbad Boulevard Police Department . 2560 Orion Way I Carlsbad, CA 92010 I 760-931-2197 Council Memo -Additional Materials Related to Staff Report Item No. 1 Jan.5,2021 Page 2 • Evolution Dance Center -2032 Corte Del Noga I • FLXR Fitness -3146 Tiger Run Court • Garcia's Mexican Restaurant -2968 State Street • Golden Tee -1065 Carlsbad Village Drive Unit F • Gonzo Ramen -300 Carlsbad Village Drive • Gregorio's Restaurant -300 Carlsbad Village Drive #208 • Mas Fina Cantina -2780 State Street • Oak and Elixir-2917 State Street • Orange Theory Fitness -6985 El Camino Real • Orange Theory Fitness -1829 Marron Road #104 • Pollos Maria -3055 Harding Street • Senor Grubby's -377 Carlsbad Village Drive • Swamis Cafe -2780 Carlsbad Boulevard • Vigilucci's -3878 Carlsbad Boulevard • Vigilucci's -2943 State Street • Village Pub -2990 State Street • YogaSix -1850 Marron Road • YogaSix -1905 Calle Barcellona Suite 238 • YogaSix -2628 Gateway Road Suite 130 cc : Scott Chadwick, City Manager Celia Brewer, City Attorney Kristina Ray, Communications Manager Faviola Medina, City Clerk Services Manager All Receive -Agenda Item# I For the Information of the: pTY COUNCIL Date ~CA £CC ✓ CM _j{ACM L DCM (3) ~ {city of Carlsbad Council Memorandum Jan.5,2021 To: From: Honorable Mayor Hall and Members of the City Council Jeff Murphy, Community Development Director Ryan Green, Finance Director · Via: David Graham, Chief Innovation Office~ Geoff Patnoe, Assistant City Manager Lg: Re: Additional Materials Related to Staff Report Item No. 1 -Administrative Enforcement of Public Health Orders (Business Public Benefits) This memorandum provides additional information pertaining to economic relief efforts to mitigate the impact of the COVID-19 pandemic state of emergency, including the temporary suspension and modification of certain land development standards and adopted fees, the Economic Recovery and Revitalization Initiative, and the collection of business license fees. • Temporary Activation of Private Property On July 28, 2020, among other actions, the City Council approved a resolution allowing the temporary activation of private property such as parking lots and common areas, to allow the continued operations and services of businesses affected by COVID-19, even in zones that require commercial and retail activity to be conducted within a structure. This activation requires approval of a Private Property Permit (Attachment A), which is a free permit. A total of 75 businesses received a Private Property Permit to date (Attachment B). Working with the City Attorney's Office, staff has amended the Certification Statement of the Private Property Permit to clarify that businesses operating under the Private Property Permit are required to comply with any federal, state and local laws, including public health orders (Attachment. C). Those changes went into effect the week of Dec. 28. • Temporary Activation of Public Property On July 28, 2020, the City Council also approved the temporary suspension of certain land development standards within the Village & Barrio Master Plan area to allow for more flexibility in the use of public street parking and business frontage areas along the public sidewalk. This activation requires approval of a Right of Way (ROW) Use Permit (Attachment D), which costs $381 for the permit, $369 for the Encroachment Agreement and an annual fee of $1,200 per parking stall. The City Council temporarily waived the fees in their action on Sept. 1, 2020. A total of 15 businesses received ROW Use Permits to date (Attachment E). Working with the City Attorney's Office, staff has amended the Certification Statement of the ROW Use Permit to clarify that businesses operating under the ROW Use Permit are required to comply with any federal, state and local laws, including public health orders (Attachment F). Those changes went into effect the week of Dec . 28. Council Memo -Additional Materials Related to Staff Report Item No. 1 Jan. 5, 2021 Page 2 • Economic ~ecovery and Revitalization Initiative In support of small businesses affected by the COVID-19 public health pandemic, on April 21, 2020, the City Council approved a $5 million Economic Recovery and Revitalization Initiative to help businesses affected by COVID-19. The initiative has included joint communications to all businesses in Carlsbad in collaboration with the Chamber of Commerce, Carlsbad Village Association, and Visit Carlsbad, city lessee relief, a business promotion and tourism marketing campaign, a referral relationship with the National Conflict Resolution Center to provide free mediation services to landlords and tenants through the community mediation program, an e-gift card program with bonuses funded by private fundraising with matching city funding, and a microloan and small business loan program. Business outreach has included one- on-one support to businesses, webinars, and a dedicated webpage that includes federal, state, county, and city resources: (https :// cityad min .ca rlsbadca .gov /services/ depts/fi re/emergency/business. asp). On Sept. 1, 2020, the City Council approved a resolution appropriating $50,000 in funding to the Carlsbad Chamber of Commerce to sponsor the Gift Carlsbad Shop Local Program which is an e-gift card program with a bonus amount added to the purchase of an e-gift card to a participating Carlsbad business. The bonus amount is funded by the Ready Carlsbad Business Alliance with a one-to-one match provided from the city funding. To date 83 businesses have signed up to participate in the e-giftcard marketplace and 2,025 virtual gift cards have been purchased, which between the card purchase and bonus totals $78,005. On Aug. 18, 2020, the City Council approved a resolution approving further implementation of the Economic Recovery and Revitalization Initiative and modifications to the COVID-19 Small Business Loan Program (Program}. The Program provides microloans of between $5,000 to $10,000 and small business loans of between $10,000 to $25,000 to Carlsbad businesses that meet certain criteria. To date, a total of 67 businesses have received $1,325,000 in loans. Eight applications are either in the process of approval or have been approved but have not been funded to date. A summary of the businesses that have been awarded loans and received funding is attached (Attachment G}. • Business Licenses Business license fees are calculated in different ways dependent upon the type of business license issued. The fee is either calculated using total gross receipts (generally for a product-or service-based business}, or a flat fee (generally for a licensed professional, service-based business}. Additional fee calculation details can be found in Chapter 5.08 of the Carlsbad Municipal Code. The city has not waived business license fees during the pandemic. However, all businesses with a business license fee due in March, April or May of 2020 were granted an additional 60-day payment grace period past the due date of their license fee. This grace period extended the time to pay a business license fee without penalty. Additionally, the city waived late penalties on a case-by-case basis when a waiver was requested and accompanied with a valid COVID-19 related justification (Attachment H}. Council Memo -Additional Materials Related to Staff Report Item No. 1 Jan. 5, 2021 Page 3 Attachment: A. Private Property Permit Application (original) B. Businesses with an Approved Private Property Permit C. Private Property Permit Application (revised) D. ROW Use Permit Application (original) E. Businesses with an approved ROW Use Permit F. ROW Use Permit Application (revised) G. COVID-19 Small Business Loan Program funded business list H. Business license fee penalty waivers requested and received cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney Neil Gallucci, Police Chief Michael Calderwood, Fire Chief Paz Gomez, Deputy City Manager, Public Works Tom Frank, Transportation Director Vicki Quiram, Utilities Director Babaq Taj, Engineering Manager James Wood, Environmental Manager John Maashoff, Public Works Manager Laura Rocha, Deputy City Manager, Administrative Services Judy Von Kalinowski, Human Resources Manager Maria Callander, Information Technology Director Ryan Green, Finance Director David Graham, Chief Innovation Officer Faviola Medina, City Clerk Services Manager Jason Haber, Intergovernmental Affairs Director Kristina Ray, Communication & Engagement Director Morgen Fry, Executive Assistant Sheila Cobian, Assistant to the City Manager Kyle Lancaster, Parks & Recreation Director · Suzanne Smithson, Library & Cultural Arts Director Private Property Permit- Temporary Event (P3) This information bulletin provides the requirements for a Private Property Permit for temporary special events occurring on private commercial and industrial property. A Private Property Permit (P3) is an administrative permit issued by the Community Development Director for a minor event or function held entirely on private property that does not require a traffic control plan or impact public road segments or intersections beyond normal operations. IMPACTED BY COVID-19? On Private Property? If this permit request is to temporarily expand outdoors due to COVID-19/social distancing, Please: 1) Complete and sign the application, 2) Prepare a drawing as noted below and 3) Email your application to outdooractivation@carlsbadca.gov. Public sidewalk or a curb cafe? Please visit our outdoor activation webpage for additional information on the application and permitting requirements for expanding on city right-of-way. BACKGROUND Carlsbad Municipal Code Section 8.17 regulates special events that may affect traffic, public right-of-way, fire and police services, and/or often requires direct involvement of city staff. Examples of special events may include parades, concerts, and spectator and participation sports like marathons, bicycle races and tournaments. The code recognizes that some special events are minor in scope and scale, held entirely on private property and do not impact public roads or services. These functions may involve weekend sales, store reopening or special business events that occur for a short duration, typically in a businesses' parking lot or private common area. The special event regulations authorize these forms of minor spe_cial events with the approval of a P3 and are not subject to the standards and processes required for a typical Special Event Permit. This policy supersedes the Community Development Department policies and procedures #CD-8, dated March 1, 1999. SUBMITTAL REQUIREMENTS The following information is required along with the P3 application, which is attached to this information bulletin. 1. COMPLETE AND SIGN APPLICATION FORM CD-8 2. ATTACH A PLAN: Prepare a site plan/drawing of proposed area showing the following: o Hand drawn site plan or use an aerial (google map OK) and mark it up to show details of the P3 event on the property o For customer areas, list occupant load (# of people/patrons) o Show fencing/enclosure/barriers, if applicable and exiting locations (ingress/egress). Denote width of entrances/gates. >49 persons in an enclosed area requires secondary exit location shown on the plan. o Showing existing parking stalls and area that P3event will use. Drive aisles are kept free/clear. o For tables, show locations and distancing between tables. Denote table(s) to be ADA complaint. o Show temporary structures (e.g.: canopies/tents), if any. Denote size (square feet) and location(s). o Path of travel from place of business to outdoor area ,;, Attachment A (_ City of Carlsbad Informational Bulletin Documents Referenced Carlsbad Municipa l Code §8.17.020 and §8.17.040 Fire Department Tent Permit Private Property Pe rmit Application, Att ached o Show existing ADA parking stalls and path of travel to be maintained o Type and location of protective barriers between patrons and vehicles, if any. Note: The applicant is responsible to secure all necessary approvals to operate in areas of shared parking/ownership. Lack of underlying approvals by the property owner(s) may constitute denial/revocation of this permit. PERMIT REVI EW CRITERIA Once submitted, the application packet will be routed to the following points of contact for processing: o Development Services Manager (permit lead) o Building Official o Assistant Fire Marshal When reviewing, the following standards shall apply: o Applicable Fire Code requirements. Note: Canopies cumulatively larger than 700sf or a tent (with one or more sides enclosed) larger than 400sf requires a separate Tent Permit from the Carlsbad Fire Dept. o This permit applies to events with less than 1000 participants. Greater than 1000 participants requires a Special Events permit per CMC 8.17. o Applicable Building Code requirements, including ADA requirements. o Vehicle path oftravel and any temporary barriers provide a safe and navigable layout. o Required notes (above) clearly shown on the plans. Within 1 business day, staff will contact the applicant with an update. Our goal is to provide permit reviews within two business days from submittal date. Attempts will be made to address missing items and issue the permit within the two-day period to the extent possible. READY TO SUBMIT? OR QUESTIONS? All submittals should be directed to: outdooractivation@carlsbadca.gov Have questions or need assistance? If so, please contact: Jeremy Riddle at Jeremy.riddle@carlsbadca.gov Kerry Jezisek at Kerry.iezisek@carlsbadca.gov ◊ ◊ ◊ ◊ Community Development Department I 1635 Faraday Ave. I Ca rlsbad, CA 92008 I www.carlsbadca.gov PRIVATE PROPERTY PERMIT APPLICATION (P3) SPECIAL EVENT ON PRIVATE PROPERTY □ COVID-19/temporary outdoor activity (check if applicable) CONTACT AND EVENT LOCATION: ( City of Carlsbad Name of Business: Address of Event: Contact Name: Contact Cell: Contact Email· EVENT INFORMATION: Purpose of Event: Business License Canopy Cover Tent Cover Participants: Alcohol: Entertainment: Setup Date: Breakdown Date: Event Hours: D No D Yes If no, provide explanation: D <700sf D >700sf (*If cumulatively >700sf, a Tent Permit is required) D <400sf D >400sf (*lftent has at least one side and >400 sf, a Tent Permit is required) D <1,000 D >1,000 (*If >1,000 participants, a Special Events Permit is required) D No D Yes (*If yes, must comply with ABC permit requirements) D No D Yes, (*If yes, describe below) I certify that I have read and understand this application and state that the above information is correct and that the attached site plan is accurate. I agree to comply with any conditions applied to this permit, which are attached hereto and made a part thereof. I agree to comply with all City ordinances and State laws including any conditions attached hereto and agree to remove all improvements authorized by this permit by the date specified or when notified this permit is revoked. I hereby authorize representative of the City of Carlsbad to enter upon the above- mentioned property for inspection purposes. I ALSO AGREE TO SAVE, INDEMNIFY AND KEEP HARMLESS THE CITY OF CARLSBAD AGAINST ALL LIABILITIES, JUDGMENTS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT. Property Owner Signature*: Print Name: Business Owner Signature*: Print Name: *REQUIRED CITY USE ONLY D Approved Name (Print) Conditions: Yes □ No □ □ Denied 2 of 3 I Page Date: Date: Signature Permit# Date: SITE PLAN: PRIVATE PROPERTY PERMIT APPLICATION {P3} In order to review applications in a timely manner, please submit a site plan of the proposed outdoor area. Plans may be drawn by hand but must show all relevant dimensions. Use of marked up aerial maps (Google, etc.) with your markups is acceptable. Scaled drawings may be required on complex events. Please review the Submittal Requirements on page 1 for additional information. Site Plan for (business name): _______________ _ 3 of 3 I Page Businesses with an Approved P3 Permit (In Alphabetical Order) 264 Fresco Activate Athleticism AISH Hatorah San Diego Arcana Brewing Asia Massage Spa Beach Plum Kitchen Beacons Inc BJ's Restaurant (Paseo del Norte) Bluewater Grill Board & Brew . · Brushed Hair Salon Bucca di Beppo California Cuts Carlsbad Farmers Market Carlsbad Kick boxing Carlsbad Salon and spa Casa de Bandini Casero Taqueria CB Ranch Enterprises (Flower Fields) CFG Club Pilates Coastal Family Urgent Care -COVID Testing Cold Beers and Cheeseburgers COVID Clinic -The Shoppes at Carlsbad Curative COVID-19 Mobile Testing Kiosk (Premium Outlets) Daily News Cafe Daybreak Church Dini's by the Sea Draft Republic East Holistic Massage Eureka Faith Community Church Fortis Fitness and Strength Training & YOGALUX Forum Carlsbad -Halloween Event Green Dragon Grotto Spa Grand Avenue Bar & Grill Harumama Noodles/Blue Ocean Hooked on Sushi Islands (PAR) Jeune et Julie Karl Straus Brwery Kings Fish House Leap Coffee Le Papagayo Attachment B Makers Market (St. Michael's Episcopal Church) Mas Fina Cantina Miguel's Cocina Mikko Sushi Mission Church Nails 2000 Orange Theory Fitness -Carlsbad Orange Theory Fitness -La Costa PF Changs Pistachio Hair Salon · Pizza Port (Bressi Ranch) Professional Nail Salon Pure Brewing Rubios Coastal Grill (Outlet Mall) Ruby's Diner Shoppes at Carlsbad Shoppes at Carlsbad Drive In Movie Night Shorehouse Cafe Sports Clips Haircuts (Loker) Sr. Grubby's Sushi Kuchi Tomoyama Sushi Twig Hair Salon Urban Plates Vigilucci's (State) Vigilucci's (Tamarack) Wavelength Salon Windmill Food Court (Jayne Weddings & Events) Wood Ranch Kitchen Yard House Private Property Permit- ( City ot"chment c Carlsbad Informational Bulletin Temporary Event {P3=--) _____ _ This information bulletin provides the requirements for a Private Property Permit for temporary special events occurring on private commercial and industrial property. A Private Property Permit (P3) is an administrative permit issued by the Community Development Director for a minor event or function held entirely on private property that does. not require a traffic control plan or impact public road segments or intersections beyond normal operations. IMPACTED BY COVID-19? On Private Property? If this permit request ·is to temporarily expand outdoors due to COVID-19/social distancing, Please: 1) Complete and sign the application, 2) Prepare a drawing as noted below and 3) Ema·il your application to outdooractivation@carlsbadca.gov. Public sidewalk or a curb cafe? Please visit our outdoor activation webpage for additional information on the application and permitting requirements for expanding on city right-of-way. BACKGROUND Carlsbad Municipal Code Section 8.17 regulates special events that may affect traffic, public right-of-way, fire and police services, and/or often requires direct involvement of city staff. Examples of special events may include parades, concerts, and spectator and participation sports like marathons, bicycle races and tournaments. The code recognizes that some special events are minor in scope and scale, held entirely on private property and do not impact public roads or services. These functions m_ay involve weekend sales, store reopening or special business events that occur for a short duration, typically in a businesses' parking lot or private common area. The special event regulations authorize these forms of minor special events with the approval of a P3 and are not subject to the standards and processes required for a typical Special Event Permit. This policy supersedes the Community Development Department policies and procedures #CD-8, dated March 1, 1999. SUBMITTAL REQUIREMENTS The following information is required along with the P3 application, which is attached to this information bulletin. 1. COMPLETE AND SIGN APPLICATION FORM CD-8 2. ATTACH A PLAN: Prepare a site plan/drawing of.proposed area showing the following: o Hand drawn site plan or use an aria I (google map OK) and mark it up to show details of the P3 event on the property o For customer areas, list occupant load (# of people/patrons) o Show fencing/enclosure/barriers, if applicable and exiting locations (ingress/egress). Denote width of entrances/gates. >49 persons in an enclosed area requires secondary exit location shown on the plan. o Showing existing parking stalls and area that P3event will use. Drive aisles are kept free/clear. o For tables, show locations and distancing between tables. Denote table(s) to be ADA complaint. Documents Referenced Ca rlsbad Munici pal Code §8.17.020 and §8.17.040 Fire Department Tent Permit Private Property Pe rmit Application, Attached o Show temporary structures (e.g.: canopies/tents), if any. Denote size (square feet) and location(s). o Path of travel from place of business to outdoor area o Show existing ADA parking stalls and path of travel to be maintained o Type and location of protective barriers between patrons and vehicles, if any. Note: The applicant is responsible to secure all necessary approvals to operate in areas of shared parking/ownership. Lack of underlying approvals by the property owner(s) may constitute denial/revocation of this permit. PERMIT REVIEW CRITERIA Once submitted, the application packet will be routed to the following points of contact for processing: o Development Services Manager (permit lead) o Building Official o Assistant Fire Marshal When reviewing, the following standards shall apply: o Applicable Fire Code requirements. Note: Canopies cumulatively larger than 700sf or a tent (with one or more sides enclosed) larger than 400sf requires a separate Tent Permit from the Carlsbad Fire Dept. o This permit applies to events with less than 1000 participants. Greater than 1000 participants requires a Special Events permit per CMC 8.17. o Applicable Building Code requirements, including ADA requirements. o Vehicle path of travel and any temporary barriers provide a safe and navigable layout. o Required notes (above) clearly shown on the plans. Within 1 business day, staff will contact the applicant with an update. Our goal is to ·provide permit reviews within two business days from submittal date. Attempts will be made to address missing items and issue the permit within the two-day period to the extent possible. READY TO SUBMIT? OR QUESTIONS? All submittals or questions should be directed to: outdooractivation@carlsbadca.gov ◊ ◊ ◊ ◊ Community Development Department I 1635 Faraday Ave. I Carls bad, CA 92008 I www.carlsbadca.gov PRIVATE PROPERTY PERMIT APPLICATION (P3} SPECIAL EVENT ON PRIVATE PROPERTY { City of Carlsbad □ COVID-19/temporary outdoor activity (check if applicable) CONTACT AND EVENT LOCATION: Name of Business: Address of Event: Contact Name: Contact Cell/Email: EVENT INFORMATION: Purpose of Event: Business License Canopy Cover Tent Cover Participants: Alcohol: Entertainment: Setup Date: Breakdown Date: Event Hours: ) No ( ) Yes If no, provide explanation: ( ) <700sf ( ) > 700sf (*If cumulatively >700sf, a Tent Permit is required) ( ) <400sf ( } >400sf (*If tent has at least one side and >400 sf, a Tent Permit is required) ( ) <1,000 ( ) >1,000 (*If >1,000 participants, a Special Events Permit is required) ( ) No ( } Yes (*If yes, must comply with ABC permit requirements) ( ) No ( ) Yes, (*If yes, describe below) Business Owner Certification Statement: I certify that I am the Business Owner of the subject business and that all the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application and to comply with federal, state and local laws, including public health orders. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the outdoor operation of the subject business. I agree to remove all improvements authorized by this permit by the date specified or when notified this permit is revoked. I hereby authorize representative of the City of Carlsbad to .enter upon the above-mentioned property for inspection purposes. Signature ________________________ Date: _____ _ Print Name ________________________ _ Property Owner Certification Statement: I certify that I am the Property Owner for the subject business location and that all the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to activate outdoor business operations on the private property identified in this application and owned by me. Signature _________________________ Date: _____ _ Print Name ------------------------- CITY USE ONLY () Approved Name (Print) Signature Permit# Date: Conditions: Yes ( ) No ( () Denied P3 Page 2 of 3 12/20 SITE PLAN: PRIVATE PROPERTY PERMIT APPLICATION (P3) In order to review applications in a timely manner, please submit a site plan of the proposed outdoor area. Plans may be drawn by hand but must show all relevant dimensions. Use of marked up aerial maps {Google, etc.) with your markups is acceptable. Scaled drawings may be required on complex events. Please review the Submittal Requirements on page 1 for additional information. Site Plan for (business name): _______________ _ P3 Page 2 of 3 12/20 { City of Carlsbad RIGHT OF WAY USE APPLICATION E-12 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov landdev@carlsbadca.gov Application Type (Check one): D *Curb Cafe D Newsrack D Outdoor Display D *Sidewalk Cafe *Curb/Sidewalk cafe only: Will the curb cafe parking spaces ONo If no, this application must be submitted with or sidewalk cafe be directly in Oves an acknowledgement letter from the property front of your business? owner and affected business owner Operating Business Name: Business Address: Location of use: Assessor Parcel No: Property Owner Name Business Owner Name Contact Name: Contact Name: Company Name: Company Name: Mailing Address: Mailing Address: City, State, Zip: City, State, Zip: Phone Number: Phone Number: E-mail address: E-mail address: I certify that I am the Legal Property Owner for the subject business I certify that I am the Legal Business Owner of the subject business and location and that all of the above information is true and correct to the that all of the above information is true and correct to the best of my best of my knowledge. I support the applicant's request for a permit to knowledge. I agree to accept and abide by any conditions placed on the place the subject property on the public sidewalk. I also consent to an subject project as a result of approval of this application. I also consent encroachment agreement being recorded on the title to my property if city staff to inspect and enter the property that is the subject of this conditioned for the applicant. application. Signature Date Signature Date Applicant Representative (if different than business owner) Additional comments Contact Name: Company Name: Mailing Address: City, State, Zip: Phone Number: E-mail address: I certify that I am the re_presentative for the business and that all of the above information is true and correct to the best of my knowledge. CITY USE ONLY Signature Date DATE STAMP APPLICATION RECEIVED CITY USE ONLY: PROJECT NO. PD 0 SITE PLAN PERMIT NO. ROW 0 CERTIFICATE OF INSURANCE 0 CURB/SIDEWALK CAFE ACKNOWLEDGEMENT LETTERS E-12 Page 1 of 2 REV 08/20 E-12 Indemnification and Insurance Requirement for Village/Barrio Area Right-of-Way Use Permits Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of two million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 million (currently class VII) or better which lists t~e City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village area and the permittee remains in compliance with the subject approved permit. Acknowledgement Statement: Curb cafes are temporary structures on public streets. The City Engineer may require their temporary or permanent removal to accommodate street or other infrastructure improvements or maintenance or to ensure adequate public parking is maintained. Sidewalk cafes and outdoor displays are subject to the City Engineer's discretion and use may be altered or revoked as necessary to preserve adequate right-of-way purpose and public safety. Signature ___________________________ Date: Print Name __________________________ _ Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village area and the permittee remains in compliance with the subject approved permit. Signature ___________________________ Date: Print Name __________________________ _ Page 2 of 2 REV 08/2 Businesses with an Approved ROW Use Permit Attachment E ROW Permit Type Business Name Sidewalk Curb Outdoor Cafe Cafe Display 1 Al's Cafe X 2 Aranelle Boutique X 3 Campfire X 4 Cicciottis X 5 Don's Country Kitchen X 6 French Corner Cafe X 7 Froglanders Yogurt X 8 Garcia's Restaurant X 9 Grand Avenue Bar & Grill X 10 Jayden Presleigh X 11 Oak & Elixir X X ) 12 Oohlala Boutique X 13 Pure Brewing X X 14 Swami's Cafe X 15 The Goods X Attachment F ( City of Carlsbad RIGHT OF WAY USE APPLICATION E-12 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov landdev@carlsbadca.gov Application Type (Check one): D *Curb Cafe D Newsrack D Outdoor Display D *Sidewalk Cafe *Curb/Sidewalk cafe only: Will the curb cafe parking spaces ONo If no, this application must be submitted with or sidewalk cafe be directly in Oves an acknowledgement letter from the property front of your business? owner and affected business owner Operating Business Name: Business Address: Location of use: Assessor Parcel No: Property Owner Name Business Owner Name Contact Name: Contact Name: Company Name: Company Name: Mailing Address: Mailing Address: City, State, Zip: City, State, Zip: Phone Number: Phone Number: E-mail address: E-mail address: I certify that I am the Property Owner for the subject business location and that all of the above information is true and correct to the best of I certify that I am the Business Owner of the subject business and that all my knowledge. I support the applicant's request for a permit to place of the above information is true and correct to the best of my knowledge. the subject property on the public sidewalk. I also consent to an I agree to accept and abide by any conditions placed on the subject encroachment agreement being recorded on the title to my property if project as a result of approval of this application. I also consent city staff conditioned for the applicant. to inspect and enter the property that is the subject of this application. Signature Date Signature Date Applicant Representative (if different than Business Owner) Additional comments Contact Name: Company Name: Mailing Address: City, State, Zip: Phone Number: E-mail address: I certify that I am the representative for the business and that all of the above information is true and correct to the best of my knowledge. CITY USE ONLY Signature Date DATE STAMP APPLICATION RECEIVED CITY USE ONLY: PROJECT NO. PD 0 SITE PLAN PERMIT NO. ROW 0 CERTIFICATE OF INSURANCE 0 CURB/SIDEWALK CAFE ACKNOWLEDGEMENT E-12 Page 1 of 2 REV 08/20 Indemnification, Insurance and Compliance Requirements for Village/Barrio Area Right-of-Way Use Permits Certification Statement: I certify that I am the Business Owner of the subject business and that all the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application and to comply with all applicable federal, state, and local laws, including public health orders. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officials and employees from all claims, damage or liability to persons or property arising from or caused directly or ind irectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officials or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of tw o million dollars issued by a company which has a rating in the latest "Best's.Rating Guide" of "A-" or better and a financial size of $50-$100 million (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. These indemnification, insurance and compliance requirements are conditions of the issuance of this right- of-way use permit. I understand that an approved right-of-way use permit shall remain in effect only while outdoor displays are permitted within the Village/Barrio Area at the subject business location and the permittee remains in compliance with the permit and its conditions. Acknowledgement Statement: Curb cafes are temporary structures on public streets. The City Engineer may require their temporary or permanent removal to accommodate street or other infrastructure improvements or maintenance or to ensure adequate public parking is maintained. Sidewalk cafes and outdoor displays are subject to the City Engineer's discretion and use may be altered or revoked as necessary to preserve adequate right-of-way purpose and public safety and I agree to remove all improvements authorized by this permit by the date specified by the City Engineer. Signature _________________________ Date: _____ _ Print Name ------------------------- Certification Statement: I certify that I am the Property Owner for the subject business location and that all the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit t o place the subject property on the public sidewalk. I understand that an approved right-of-way use permit shall remain in effect only while outdoor displays are permitted within the Village/Barrio Area at the subject business location and the permittee remains in compliance with the permit and its conditions. Signature ________________________ Date: _____ _ Print Name _______________________ _ E-12 Page 2 of 2 REV 08/2 Jan. 4, 2020 COVID-19 Small Business Loan Program Attachment G Funded Business List Business Loan Amount ABOUT ANYWHERE ALMOST ANYTIME $ 10,000.00 AGORA HOLDINGS INC $ 25,000.00 AGUA HEDIONA LAGOON FOUNDATION $ 10,000.00 AN DARI MANAGEMENT SERVICES LLC $ 25,000.00 AUDITORY SOUND WAVES INC. $ 10,000.00 AUTO IMAGERY INC $ 10,000.00 BABY MOVES $ 25,000.00 BACK TO CALI LLC $ 25,000.00 BLACK, SVETLANA $ 25,000.00 BRAVO JEWELLERS LLC $ 25,000.00 CA&K INC. $ 25,000.00 CHRISTMAS, MICHAEL A. $ 10,000.00 DANSBIERE LLC $ 25,000.00 DAVIS, JULIA M. $ 25,000.00 DEVIN C. HUGHES ENTERPRISES $ -25,000.00 DOYEN CONSULTING GROUP INC. $ 25,000.00 DUSIE CORPORATION $ 25,000.00 ELUM I NATE FINANCIAL SERVICES I $ 25,000.00 ENTOURAGE-A SALON INC. $ 10,000.00 ETALUMA INC. $ 25,000.00 FIAMOR, KOKOU $ 25,000.00 GAIA ITALY GROUP INC. $ 25,000.00 GLASS AND MIRROR SHOPPE $ 10,000.00 GUZIK, KAREN B. $ 9,000.00 HAIR TRIGGER LLC $ 25,000.00 HEALTH QUEST ENTERPRISES INC. $ 25,000.00 HIGH TECH INVESTMENTS INC. $ 25,000.00 HOUSE MARTEL LLC $ 5,000.00 J & B CAFE LLC $ 25,000.00 JOA GROUP INC. $ 25,000.00 JP BOUTIQUE INC. $ 15,000.00 KHANIJOW, ASHOK K. $ 20,000.00 KIMBERLY COX $ 10,000.00 LA COSTA ENERGY EFFCIENCY DOOR $ 10,000.00 LADY LUCK PRINT COMPANY $ 20,000.00 LCWC LLC $ 20,000.00 MIRAMONTEZ, RODRIGO A. $ 16,000.00 NATIONWIDE PRIME MEDICAL SUPPL $ 25,000.00 NUMATA, MITSUHIRO $ 25,000.00 OCEANSIDE SEAFOODS INC. $ 25,000.00 OHANA MEDICAL SERVICES ORGANIZ $ 25,000.00 ONE STOP ENTERPRISES INC. $ 25,000.00 OPEN WINDOW PRODUCTIONS INC. $ 10,000.00 PREMIERE CONSTRUCTION INC. $ 25,000.00 RONEY, KIMIE RENEE $ 25,000.00 ROSS, STEPHEN J $ 10,000.00 Jan. 4, 2020 COVID-19 Small Business Loan Program Attachment G Funded Business List RYAN WATKINS DDS INC. $ 25,000.00 SBLD APPAREL STUDIO LLC $ 25,000.00 SHELLEY, CAROL GRACE $ 5,000.00 SHINSCOM INC. $ 25,000.00 SIEGE ELECTRIC INC. $ 25,000.00 SIMPLECHIPS TECHNOLOGY INC. $ 10,000.00 SKYLAR CREATIONS INC. $ 25,000.00 SOOTHING RELAX INC. $ 20,000.00 SUBURBAN MARINE INC. $ 25,000.00 TERRAMAR CREATIVE LLC $ 25,000.00 THE ESTATE PLANNING & LEGACY L $ 25,000.00 THE FRENCH DELIGHTS LLC $ 5,000.00 THE SURROGACY LAW CENTER APLC $ 25,000.00 THOUSAND SUNNY LLC $ 10,000.00 TRANS PACIFIC FOODS CORP. $ 25,000.00 UNIVERSALREPAIR LLC $ 25,000.00 VERAVIA LLC $ 25,000.00 VINTAGE STORAGE $ 25,000.00 WILDCATS HOCKEY LLC $ 25,000.00 WISE, JOYCE M. $ 10,000.00 Total $ 1,325,000.00 Business License Waivers Requested and Received Attachment H Delinquent Business Name Penalty Waived King Construction $ 20.00 Viixim Inc. $ 391.32 David N. Vinegrad CPA $ 12.50 Nicole Miller $ 199.98 Brown and Bigelow Inc. $ 34.24 American Fashion Access $ 4,460.42 Calprop Group lnc.-Real Estate $ 25.00 Calprop Group lnc.-Construction $ 40.00 Tesla Motors Inc. $ 9,328.46 Zen Pool Service $ 21.38 Hay House Inc. $ 6,160.63 Total $ 20,693.93 The listing above does not include businesses that took advantage of the automatic 60-day extension, and automatically received a late penalty waiver benefit. Kaylin McCauley From: Sent: To: Subject: DANA VERNON Friday, January 1, 2021 12:08 PM Council Internet Email Don't shut down Please don't shut down restaurants again, they aren't spreading anything. Sincerely Vernon family Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 11 Kaylin McCauley From: Sent: To: Subject: Daniel Quinn Friday, January 1, 2021 11 :16 AM Council Internet Email Outdoor dining in Carlsbad As a resident of Carlsbad I support allowing the restaurants to continue with outdoor dining. Do not enforce the edicts by a soon to be recalled governor. Thanks. Dan Quinn CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 17 Kaylin McCauley From: Sent: To: Subject: Jan Lewis Friday, January 1, 2021 10:21 AM Council Internet Email Restaurants I am writing to say that I support outside dining! We don't want to lose our small business, mom&pop restaurants in our communities. Thank you. Jan Lewis Carlsbad Resident Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 18 Kaylin McCauley From: Sent: To: Subject: Jacki Reichenbach Friday, January 1, 2021 9:47 AM Council Internet Email Save our restaurants! I support outdoor dining. There is NO evidence that this contribut es to the spread of COVID 19. Please save our local restaurants and keep them open. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 20 Kaylin McCauley From: Sent: To: Subject: Kathy Angello · Friday, January 1, 2021 9:33 AM Council Internet Email Outdoor Dining Please do not stop our local restaurants from surviving! We need them all to make it thru this and shutting them down will not help! They are not the ones spearing covid! If we can go to the grocery stores Home Depot and Costco we can eat outside at our local restaurants do the right thing! Kathy Angello Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize t.he sender and know the content is safe. 21 Kaylin McCauley From: Sent: To: Subject: SharonGray -·;;,·-,----;;,···-···-- Friday, January 1, 2021 8:42 AM Council Internet Email Outdoor dining Hey folks out door dining .... Please let our community be able to sustain itself People with small business jumping thru hoops Let the American Dream still be People have their life savings and bankruptcy at stake here! Our community wants to help each other let out door dining be .... And salons outside Please add my name and contact information as you ·count the number of persons who want small business to survive Sharon L Gray Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 23 Kaylin McCauley From: Sent: To: Subject: tdmaddox108 Thursday, December 31, 2020 8:26 PM Council Internet Email Health Orders Please fulfill your duty and enforce State and County health orders regarding closure of businesses and limiting restaurants to take out only. Our health depends upon it, especially with the new covid variant surfacing in our County. Thanks. Tom Maddox, 511 Rudder Avenue, Carlsbad 92011 . Sent from my Verizon, Samsung Galaxy smartphone CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 25 Kaylin McCauley From: Sent: To: Subject: Work· _ Monday, January 4, 2021 8:16 AM Council Internet Email Do not stop outdoor dining There is no evidence outdoor dining has contributed to Covid cases David Miller Cal lie 0654812 Sent from my iPhone · CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Kaylin McCauley From: Sent: To: Subject: Sidney< Monday, January 4, 2021 7:39 AM Council Internet Email Increased enforcement Restaurants and small business are not where Covid cases are taking place. Leaders are responsible for all oftheir constituents. LET THE PEOPLE GO Why do I think that members of the Council will not listen to the majority? They are sheep. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 6 Kaylin McCauley From: Sent: To: Subject: Jessica Gomes Sunday, January 3, 2021 11 :41 PM Council Internet Email January 5 meeting Please stop the enforcement of outdoor dining. These businesses need to survive. This pandemic is hard on us all, but we need to t rust the businesses to enforce guidelines. This only further cripples our economy. Thanks, Jessica CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 10 Kaylin McCauley From: Sent: To: Subject: Sunday, January 3, 2021 9:58 PM Council Internet Email Outdoor Dining Dear Council Members, I am requesting that you do not enforce the Governor's mandates for banning outdoor dining. Restaurant owners and their workers need to be making a living and shutting them down is unfair and unconstitutional. Thank you, Cindy Sutliff CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 12 Kaylin McCauley From: Sent: To: Subject: Lisa Nicholson Sunday, January 3, 2021 8:22 PM Council Internet Email Special City Council Meeting Jan. 5 To The Council of Carlsbad California, I am writing you as not only a 40 year Carlsbad resident, I am also a hard working, law abiding, tax paying AMERICAN! Enough is enough, it is now time to let our city and businesses be open! Let AMERICANS choose to live and work! You can choose to stay home and others can choose to go out! It is unconstitutional for you to deny hard working AMERICANS from earning a living and running their businesses! OPEN CARLSBAD and stay home if you want! Thank you, Lisa Nicholson Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 14 Kaylin McCauley From: Sent: To: Subject: Dear Council, Elaine Blackburn-Gmail Sunday, January 3, 2021 8:19 PM Council Internet Email Restaurant Restrictions I stand on record against Cori Schumacher's request for increased enforcement of restaurant restrictions. I believe it's up to the public to make their own decision, not the government, whether to dine in or out...but at least give owners/employees a chance to make a living. If you start enforcing this restriction, please consider enforcing other city mandates such as noise abatement along Carlsbad Boulevard and "no wheels"on the upper sea wall sidewalk. I'm much more afraid of getting hit by a kid riding a scooter t han getting COVID eating at an outside restaurant. Respectfully Submitted, Elaine Blackburn CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 15 Kaylin McCauley From: Sent: To: Subject: Robert Leider Sunday, January 3, 2021 8:08 PM Council Internet Email COVID -19 Carlsbad City Council: I am writing to you today to oppose additional COVID-19 enforcement action against Carlsbad businesses. They have suffered mightily from people with jobs telling them to take actions that imperil their businesses and their employees ability to feed their families. The damage these businesses and employees are sustaining is enormous. They deserve better than the boot of government on their necks for non-criminal activity. · If California State Government wants to destroy lives, Carlsbad Government should stay out of that as much as possible. Thank you, Robert Leider Tamara Carlsbad, CA 92010 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 17 Kaylin McCauley From: Sent: To: Subject: Dallas Cowan • Sunday, January 3, 2021 7:59 PM Council Internet Email January 5th special meeting Dear Carlsbad City Council, The TL:DR (too long; didn't read) version of my opinions provided below is: banning and criminalizing outdoor dining is a harmful policy decision that is not scientifically-supported, uses imprecise language, and is completely unfair. Allowing large corporations to operate and effectively killing small business in Carlsbad without regard for scientific evidence is a travesty to your citizens. I am a Certified Industrial Hygienist and a board-certified toxicologist. I have more than 10 years of experience in exposure and human health risk assessment in a variety of workplace settings. It is my expert opinion that arbitrarily banning or otherwise criminalizing outdoor dining establishments from operating (i.e., those businesses using proper cleaning methodologies targeting high contact surfaces with EPA-approved cleaners, having proper ventilation, requiring source-control masks, and maintaining proper physical distancing) is not based on real science, data, or the principles of human health risk assessment. Not allowing outdoor dining in California is a generic policy-based decision rather than one based on scientifically-supported evidence that this is a high risk activity. A major short-coming of these policies is that they rely entirely on imprecise language describing opportunities for human health risk in public places. The mandate to "wear a mask in public" is imprecise and without proper context for citizens to understand their purpose. I often see citizens driving by themselves or walking their dogs alone wearing masks. These vast majority of masks I see in public are "source control masks" rather than personal protective equipment (PPE) and provide no purpose, and the "better than nothing approach" of using a cloth mask for source control or personal protection is of debatable value. It is my opinion that universal mask adoption in indoor or outdoor situations where physical distancing for longer than 10 minutes is helpful for preventing spread. Driving in your car by yourself with a mask on is an example of the lack of the public's understandi'ng of exposure and risk assessment. I think the real problem is that rather than have politicians "stumping" about the importance of mandates when that time should highlight real scientists that can educate the public about how to go about their daily lives and avoid high- risk opportunities for exposure. I've never heard a government official explain to the non-technical public how to go to the grocery store safely. Instead, the State has decided to make policy decisions like banning dining establishments or having "stay at home orders" that are only meant to absolve themselves from educating the public on how to go about their daily lives safely. My profession helps people go to work (often in high risk situations like the manufacturing and chemical industries) and return home to their families in the same state as they left. We have safe procedures for interacting with very potent complex chemicals (i.e., gasoline, insecticides, and other chemical precursors in the manufacturing industry that are used safely every day) using either engineering or administrative controls and PPE if necessary ... but since the early-1970s, the US has aimed to reduce or eliminate risk in industrial environments where there physical, chemical and biological agents are safely used every day. Preventing or reducing exposure to COVID-19 is a layered approach that involves STAYING HOME IF YOU ARE SICK, personal symptom tracking, physical distancing, source-control masks, and contact tracing. The theory and practice of human health risk assessment is not new. It was established by the national academy of sciences and is an approach that we have not heard about in the popular media. In fact, there is a risk from leaving your house and traveling by automobile or aircraft ... yet we don't bann people from participating in occupations or personal decisions that involve inherent risk. 19 Kaylin McCauley From: Sent: To: Michelle Laird · Sunday, January 3, 2021 7:19 PM Council Internet Email Subject: CORRECTION-Follow up -in favor of outdoor dining 1% of cases result in death, not .01%. My bad. Begin forwarded message: From: Michelle Laird· Date: January 2, 2021 at 9:01:29 PM PST To: council@carlsbadca.gov Subject: Follow up -in favor of outdoor dining Dear Carlsbad City Council, I wanted to share some numbers to reaffirm my previous email. First, .01% of confirmed COVID cases in California and nationwide die per the numbers below. 22 i latimes.com Tracking the coronavirus in California By Los Angeles Times Staff Updated Jan. 2 5:30 p.rn . Pacific 2,356,477 confirmed cases +30,094 today +30,287 yesterday 26,547 deaths +181 today +380 yesterday 335,983 23 Kaylin McCauley From: Sent: To: Subject: Gina Parson Sunday, January 3, 2021 6:47 PM City Clerk; Council Internet Email Jan 5th special meeting Please don't run us out of Carlsbad. We rely on these restaurants to keep us sane. We will all just go to Encinitas or Oceanside to dine if you shut them down. I dine out at least 4 days a week since opening back up and no Covid. Most of us are over the age of 35 and are responsible adults. Gina Parson Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 27 Kaylin McCauley From: Sent: To: Subject: Hello Sarah Kaenel Sunday, January 3, 2021 5:08 PM Council Internet Email Outdoor (lining I am just writing to express my sincere hope that the city of Carlsbad will allow Carlsbad restaurants to open/remain open for outdoor dining. These owners have poured their souls, their hearts, not to mention most of their funds into their establishments. After investing good faith money into outdoor accommodations required by the state, it is insulting and devastating to continue this shutdown when there is NO scientific evidence that remaining open has had any negative effect on the spread of COVID 19. The continued shut down is killing the very people who make up and invested in this amazing community. Thank you, Sarah Kaenel CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 33 Kaylin McCauley From: Sent: To: Subject: Jill Partin Sunday, January 3, 2021 4:51 PM Council Internet Email Outdoor Dining Please stop the enforcement of outdoor dining. As long as the restaurants and breweries are complying with safety precautions (mandatory masks, sanitizer available, limits on the amount of patrons), they should be able to remain open in order to continue to serve the community. Watching these establishments struggle is heartbreaking. Thank you, Jill Partin CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 36 Kaylin McCauley From: Sent: To: Subject: Sarah Sunday, January 3, 2021 3:45 PM council@encinitasca.gov; cblakespear@encinitasca.gov; Council Internet Email Don't shut down our local businesses! Please stop the enforcement of outdoor dining and the threat of losing our permits to operate! Small businesses are hurting. My livelihood is hurting. I am a full t ime college student and am close to broke from the new enforcements. Our businesses are part of a community, a family, and helps support the little people like me. Please keep our town open, and not owned solely by the large corporations. It saddens me to see how many good people are losing their businesses, their jobs, even their livelihoods, due to what seem like small measures of enforcement. These enforcements are doing more damage than good. We are all being safe to keep the community healthy. Please hear us, and help us A Thank you for your time, Sarah Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 38 Kaylin McCauley From: Sent: To: Subject:· Importance: Sunday, January 3, 2021 3:42 PM City Clerk; Council Internet Email January 5th Special Meeting = Allow Outdoor Dining in Carlsbad High Please allow "outdoor dining in Carlsbad" to help all our small businesses and people who need to get out from this horrible pandemic that is keeping so many of use housebound. Governor Newsom said he is "following the Science" and Science says the house parties are much more dangerous to spreading the COVID-19 virus than "outdoor dining." Jeanette Sullivan Citizen of Carlsbad since 1999 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 39 Kaylin McCauley From: Sent: To: Subject: Sharon Forber ---·-·--· =::, .. ,-... --.. ,· Sunday, January 3, 2021 3:34 PM Council Internet Email January 5th Special Meeting Please allow Carlsbad restaurants to continue outdoor dining. I do not support any increased penalty or attempt to discontinue outdoor dining. Outdoor dining must be allowed to continue without interference. Thank you- SHaron Forber Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 40 Kaylin McCauley From: Sent: To: Subject: Dear Council, David Lipke · Sunday, January 3, 2021 2:07 PM Council Internet Email January 5th special meeting City of Carlsbad needs to open up "outdoor dining" for our small businesses. Studies show that outdoor dining doesn't increase Covid. Retail stores like "Target" remain open but small businesses for dining remain closed. Thanks David Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 41 Kaylin McCauley From: Sent: To: Subject: Joan Mccaffrey ,.--------_ '"" __ Sunday, January 3, 2021 1:49 PM Council Internet Email Do not close down outdoor dining Dear council members, There is NO SCIENTIFIC BASIS for closing down dining. Just 1.4% of covid cases can be traced to dining, and 74% are attributed to homes! 99.8% of people recover from covid. I personally know of over 30, with one lady who is 94. Did you close down dining for swine flu or for any other severe flu that effected 56 million more than covid 19 has? No, you did not. If you say it is about ICU BEDS, I will tell you that as a past ICU nurse, we always ran at 85% capacity (that's what it takes for these units to be profitable) and not uncommonly ran at 100% capacity (they would fill up during the seasonal flu/pneumonia). You are literally killing people through lock downs. My daughters best friend last night was suicidal and she is calling his roommate to remove his guns. He was not like this prior to the lockdowns. For those that are fearful of dining, they can stay home or order delivery. For those who wish to take the vaccine, there is a massive numbers of doses on their way. Lock downs do not work. Look at Florida. Despite a far larger older population, they have both a lower infection and death rate and yet they are open. We also now know that those who are asymptotic effectively do not transmit the disease. Never before in human history have we quarantined healthy people. Be smart, the science is now in your favor to comfortably not do lockdowns. If you need supporting articles, I will gladly send them to you. Sent from my iPad Joan Mccaffrey CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 42 Kaylin McCauley From: Sent: To: Subject: Denruth Lougea} Sunday, January 3, 2021 1:26 PM Council Internet Email Keep our restaurants OPEN Stand up foe what is right... and maintain the livelihoods of many who use restaurants with health and safety measures. Our community wants balance and safe choices NOT force and authoritarianism. Sent from my iPad .... Doclougeay M CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 45 Kaylin McCauley From: Sent: To: Subject: Rick and Padi Graczyk · · Sunday, January 3, 2021 1 :23 PM Council Internet Email Restaurant outside sitting To Whom it may concern, Please consider leaving outside sitting available to the community. It truly is a win, win for everyone. Jobs are maintained and the community remains safe. Many Thanks, Patricia Graczyk CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 46 Kaylin McCauley From: Sent: To: Subject: Patty Ward , Sunday, January 3, 2021 1 :15 PM Council Internet Email Jan 5th Special Meeting I hope the negative impact of closing all outside dining in Carlsbad is made very clearly to everyone. Outside dining is safe!! These very special businesses you have there deserve a chance to survive. Tourism will also be affected. Please think seriously about your decision. Don't turn our quaint village into a ghost town!!! Patty Ward Carlsbad Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 47 Kaylin McCauley From: Sent: To: Subject: Stacey Baker __ ·-___ --,-· __ "' Sunday, January 3, 2021 1 :09 PM Council Internet Email January 5th special meeting Please do not shut down Carlsbad outdoor dining. Having a downtown with shuttered businesses, sky rocketed unemployment and a decimated tourist industry is not helping anyone. Please follow the science and the studies that have shown there is no spread in outdoor dining. Please let people work to support their families. Please give us all a chance to keep Small business alive. We have all done this for so long and we need to get back to living. Please leave the small businesses alone. > > Stacey Baker > 35 year Carlsbad resident > > > Sent from my iPhone, which means this message will most likely contain typos! > CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 48 Kaylin McCauley From: Sent: To: Subject: Judy Howard · _ Sunday, January 3, 2021 1 :08 PM Council Internet Email Open restaurants!!! Please reopen our restaurants. No Science behind closing them and people are starving and going broke! And Carlsbad, down town and small Business owners will have a difficult time coming back ( even if they can) and staying in the black. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 49 Kaylin McCauley From: Sent: To: Subject: Cynthia Chapman ~ Sunday, January 3, 2021 12:51 PM City Clerk; Council Internet Email Keep Outdoor dining I would like to make sure I advocate to keep outdoor dining. We now know that the risk of covid-19 to the average · person is extremely low and the costs to keeping our businesses closed is high. This does not make logical or good Buisness sense. States that have remain open such as Florida and South Dakota etc. are doing significantly better, in health, economy, and psychologically. Please vote to keep them open. Please follow the will of the people. Cynthia Chapman CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 51 Kaylin McCauley From: Sent: To: Subject: Michael Bell Sunday, January 3, 2021 11 :36 AM Council Internet Email January 5th Meeting Please vote to open outdoor dining at this week's meeting. I was in Indianapolis this week for a funeral, and the amount of empty, dark, and bare restaurants due to closures was massive and sad. We can't let that happen to Carlsbad! Michael Bell Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 54 Kaylin McCauley From: Tyler Browne Sent: Sunday, January 3, 2021 11:14 AM Council Internet Email To: Subject: January 5th Special Meeting Dear Council, I am writing as a concerned citizen who is opposed to any increased enforcement measures any council members wish to enact on our small businesses which are already struggling. 1.) There is no scientific data to support the spread of Covid-19 when dining responsibility following the guidelines which have permitted these establishments to re-open. Meanwhile we can hop on a plane, go into a crowded Home Depot, etc. -All labeled essential as these industries have the pockets to lobby while our small community owned businesses do not. Thinking shutt ing down a small percent of restaurants operating safely will change anything with ICU capacity is like bringing a water gun to put out a forest fire. Go shut down Costco, Walmart, San Diego Airport, then we can talk about shutting down patio dining at Garcia's. 2.) The actions sought by council woman Schumacher hurt those who are most vulnerable. Her actions are going to hurt the hourly wage worker, the single mother trying to pay rent, her actions will hurt the undocumented who have no access to unemployment insurance, her actions will harm the local small business owner who has already leveraged their business to buy PPP and heat lamps so they can operate safely. Her actions will have a multiplier effect and cause greater harm and despair to our lovely town. The last time members of our community needed their voices raised we marched in the streets. This was the right thing to do. In spite of the pandemic we gathered and marched in large groups. We decided that we must take a stand and show our support and solidarity, bringing attention to racial discrepancies and police brutality. Now we must again raise our voices for the most vulnerable who are under attack by none other than council woman Schumacher herself. 3.) Simply demanding increased enforcement and treating these businesses as common criminals is an elitist and privileged point of view. As mentioned above the ones most affected are the most vulnerable. They don't have the luxury of remaining at home. Would city council be willing to forego their paychecks and pool their salary to pay the costs of these businesses and their employees which they want to shut down? 4.) Allocating resources to harass small business is a terrible misallocation, especially during these times when we should be helping these locations not the opposite. We live in a community, in a community there needs to be compromise and EVERY voice of the community must be heard. No one person get to act as the sole authoritarian voice and proclaim that misplaced measures with no basis in science are needed simply because that is how she or he feels. Thank you Sincerely, Tyler Browne 56 Kaylin McCauley From: Sent: To: Subject: John Conforti < Sunday, January 3, 2021 10:54 AM Council Internet Email COVID Outdoor Dining Ban I am writing to express my concern about the possible enforcement of the ban on outdoor dining in Carlsbad due to COVID. For reference, I am 64 years old with a pre-existing health condition which puts me at greater risk should I contract COVID. I take the virus seriously, and adhere to all of the recommended safety precautions. Having said that, I am NOT an advocate of shutting down outdoor dining at restaurants, for the following reasons: 1) There is no credible evidence of a nexus between outdoor dining at a restaurant that is following the State mandated protocols, and the spread of the COVID virus. All of the restaurants in Carlsbad that I have frequented have gone to great lengths to ensure the heal-th safety of their customers. Most of the restaurants exceed the requirements, seating people much farther apart than the 6 feet requirement, installing plexiglass barriers, etc. Hand sanitizer abounds, masks are required of staff and customers, and the staff are sanitizing the tables and service areas regularly. Outdoor dining at a restaurant following the guidelines is one of the few public places where I DO feel safe. 2) Restaurant owners seem to be bearing the brunt of State enforcement orders, and it's simply unfair. Put yourself in the position of a restaurant owner and their employees; the virus breaks out, and the restaurants are forced to close, lay off all their employees, and attempt to pay their personal and business expenses without benefit of an income. Then they' re told they can open for take-out...then they have to close. Then they can open for indoor dining after incorporating the State required health precautions ... then they have to close. Then they can open for outdoor dining after having to spend money they don't have on outdoor dining furniture and equipment ... then they have to close. Every time they re-open, they have to hire staff back and purchase food inventory. And weeks later when they are once again told they have to close, they have to lay off staff, and are left with food inventory that they purchased bu.t can no longer sell. Anyone with a business sense -or any common sense at al l -realizes that this is simply an unsustainable way to run a business. The majority of restaurant owners I have spoken with have told me they have barely hung on, and that if they are closed again, they will likely not be able to re-open ... ever. Setting aside the personal devastation to the restaurant owners and their employees, does this make good economic sense for the City of Carlsbad to force their restaurants to go out of business? Carlsbad is now a destination city due to Legoland, the beaches, and the restaurant/brewery industry. Think about how a lack of dining establishments could impact tourism and the tax dollars that it brings into the City. 58 As I stated above, I am at higher risk than most, and would not dare go to a restaurant -or anywhere else -if I did not feel it was safe. And for people who don't feel safe dining outdoors at a restaurant, they simply don't have to go out to dine. There is simply no negative impact by having the restaurants taking all of the prescribed precautions staying open for outdoor dining. Thank you for your consideration in this matter, and I sincerely hope you decide in favor of common sense and fairness. Sincerely, John Conforti John Conforti If there are no dogs in heaven, then when I die I want to go where they went. CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 59 Kaylin McCauley From: Sent: To: Subject: Mary Van Bouchaute · _ Sunday, January 3, 2021 10:13 AM Council Internet Email Small Business SuNival Carlsbad City Council: There's no business more toxic than any Walmart across this country. With that said ..... Why in the world ("Cori) are you hell bent on restricting operations and suffocating to the point of bankruptcy Mom and Pop restaurant businesses in our community? These businesses are what makes our community the community that exists. They are businesses built with every ounce of blood, sweat, tears, risk, generations of family, tenaciousness, and the undying will to survive. It's still a free country (Cori) not Venezuela yet, and our community will not allow you to destroy our most treasured cities heart & soul. You have nothing, no science, no stats to back your radical Liberal agenda to put our cities life line, small businesses, out of business. To "all" city council members, thanks for listening. Mary Van 26th year resident of Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 62 Kaylin McCauley From: Sent: To: Subject: jeffrey maynard Saturday, January 2, 2021 10:51 PM Council Internet Email We support outdoor dining We support outdoor and indoor dining. Nothing suggests it's not safe or more unsafe than shopping at big box stores. Jkmaynard CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 65 Kaylin McCauley From: Sent: To: Subject: Michelle Laird , Saturday, January 2, 2021 9:01 PM Council Internet Email Follow up -in favor of outdoor dining Dear Carlsbad City Council, I wanted to share some numbers to reaffirm my previous email. First, .01% of confirmed COVID cases in California and nationwide die per the numbers below. 68 '-latimes.com Tracking the coronavirus in California By Los Angeles Times Staff Updated Jan. 2 5 :30 p.m . Pacrfic 2,356,477 confirmed cases +30,094 today +30,287 yesterday 26,547 deaths +18ltoday +380 yesterday 335,9.83 69 Kaylin McCauley From: Sent: To: Subject: Jennifer Knox Saturday, January 2, 2021 5:07 PM Council Internet Email January 5th special meeting Keep Carlsbad local restaurants OPEN! Keep outdoor dining open, let local businesses function! CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 75 Kaylin McCauley From: Sent: To: Subject: Mary Jean Tibbels • Saturday, January 2, 2021 4:39 PM Council Internet Email Save our restaurants. There are three registered voters in our household, & we encourage ALL of the City Council to agree & vote to keep our Carlsbad restaurants open. The owners & workers have a right to work. There is no proof that Covid comes from restaurants or gyms. Don't let a few hurt the hardworking people of Carlsbad. Protests were condoned last summer by Cori, but Carlsbad Peaceful Protests by our restaurants are not. That is not equal treatment. Please vote YES to keep the restaurants open in order for workers to pay their bills & put food on the table for their families. Thank you Mary Jean Tibbels Terry Tibbels Pat Tibbels Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 77 Kaylin McCauley From: Sent: To: Subject: Jessica DeHart Saturday, January 2, 2021 1 :57 PM Matthew Hall; Council Internet Email; Keith Blackburn; Cori Schumacher; Priya Bhat-Patel City Council Meeting 1/5 I do not support Cory or Pria in the attempt on 1/5 to increase restrictions and a crack down on all legitimate business who are currently open. Our local businesses have suffered long enough, the staff that work for them I've been out of jobs long enough, I do not support punishing businesses which have been and are currently open. We support as a community opening all of our businesses, we do not support keeping business is closed. Do not vote for tyranny and dictatorship, but vote for freedom and allow your community to thrive as they already have' proven they can safely. The community will respect you if you make the right choice, there will be massive amounts of backlash if you try to punish your community for doing what they need to do to survive. As many court cases have proved already in California the data does not support shutting down gyms. salons or restaurants, these are not the cause of COVID-19 cases and that has been proven. Do the right thing! Sincerely, Jessica DeHart CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 82 Kaylin McCauley From: Sent: To: Subject: Raymond Ramirez • Saturday, January 2, 2021 11 :39 AM Council Internet Email Stop Cori Cori don't shut down carlsbad restaurants and our local economy we are not LA! Instead get us flush toilets for our beaches as you said you would in 2016. Get to work on sanitation Raymond CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 83 Kaylin McCauley From: SYLVIA G RAMIREZ· -Sent: Saturday, January 2, 2021 11 :27 AM To: Council Internet Email; Manager Internet Email Subject: Opposed to any enforcement efforts against the Peaceful Protest by Small Business Restaurants Small business restaurants are being unfairly closed for outdoor dining and without scientific facts. These restaurants met all requirements for outdoor dining spending thousands of dollars for heaters, plexiglass and other required Covid protections. Then San Diego county was unfairly put in the Southern California Region with LA which has never had control of COVID and without consultation, the restaurants were shut down again. These small business restaurants will not survive the economic impact of these closures. 1) Governor Newsom and our own Cori Schumacher, who originally ran for election on saving the beaches, voted to close beaches and parks last March to PROTECT citizens from COVID based on "scientific" data. Cori even dissented in reopening the beaches when other cities began to open Surprise surprise, now the Governor is urging Californians to go out to the beaches and parks -again based on scientific data. 2) There are only two restaurar:its in Carlsbad that to date have had community outbreaks -Pizza Port and Park 101. All the others have operated safely and successfully. 3) Tourists are allowed to walk in shops (not essential) indoors and browse but they can't sit safely outside and dine? Who makes those decisions? 4) COSTCO, Walmart and Target are operating at high capacity with no real safeguards, but we can't sit outside and dine in safe environments? Who makes these kinds of decisions? 5) According to the news, the fear is for all the employees working in grocery stores and other essential places, but we can't sit outside and dine in safe environments? Who makes these kinds of decisions? I support social distancing and wearing masks. I believe that if people don't feel safe going out, then they should stay home. However, we can't ruin our entire economy because of public shaming by Cori Schumacher and others The truth is we don't have all the facts about the pandemic. We can't separate the data to specifically target which places should stay open and which places should close. Instead of trying to punish people who are earnestly trying to meet the requirements, let's try problem solving. For example, Manhattan Beach has designated all seating outside as public spaces so people can dine and enjoy the wonderful fresh air. I know there are those on our council who can problem solve instead of punish. We look to you for leadership for all citizens, not the shaming and disruption of those small business restaurants who serve our community so well. I am a senior. I respect health rules, but I do not support destroying our economy. Save our Small Businesses or we will be Carlsbad, home of COSTCO, Walmart, Target and McDonalds. We can and must do better Svlvi;:i R.=imirP7 Carlsbad, CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 85 Kaylin McCauley From: Sent: To: Subject: Angie Jacobs · Saturday, January 2, 2021 10:34 AM Council Internet Email Restaurants Please keep our restaurants open. We love our small businesses and restaurants. They provide the village flair that tourists from all around come to enjoy. No one is forcing compromised and neurotic people to eat out. If they are so afraid, they should stay home. But the rest of us, who are healthy and need to get get on with life should be allowed to enjoy our village. Citizens don't care about a hand out, they want to be allowed to work and we want to support them. Please keep th~ restaurants open. Respectfully, Angie Jacobs Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 88 Kaylin McCauley From: Sent: To: Subject: Colleen Jackson Saturday, January 2, 2021 8:45 AM Council Internet Email Outdoor Dining We are pleading with the powers that be in San Diego County to reopen our restaurants for safe, legal business! We are proud of the area owners who have been protesting the latest shut down in order to survive in this pandemic ... which also helps their employees to financially survive and care for themselves and families. We will continue to support their effort by peacefully protesting at their tables! We must be allowed the choice to go on living in this chaos by following the guidelines of masks, social distance and sanitizing! It's our only hope for a saved economy to provide services and products when this horrible crisis is better under control and medically treatable. Your support is needed NOW!!! Bill & Colleen Jackson Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 94 Kaylin McCauley From: Sent: To: Subject: CECE AOL Saturday, January 2, 2021 8:38 AM Council Internet Email Restaurant dining We need to support our local restaurants. The protocols have all been followed even as the rules are ever changing! Outdoor dining and indoor distancing dining is a necessity in this pandemic. We are lucky to live in a city that is temperate and we CAN enjoy outdoor dining during this time. Save our local restaurants! Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 95 Kaylin McCauley From: Sent: To: Subject: ana phelps Saturday, January 2, 2021 8:12 AM Council Internet Email Restaurant dining I support opening our local Restaurants NOW! Thank you. Ana Phelps Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 98 Kaylin McCauley From: Sent: To: Subject: Evaly Hanson · Friday, January 1, 2021 8:01 PM Council Internet Email Outdoor dining I support outdoor dining and want to keep our restaurants in business. Please allow them to operate. Thank you, Evaly Hanson Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 104 Kaylin McCauley From: Sent: To: Subject: Victoria Hale Friday, January 1, 2021 5:42 PM Council Internet Email Keep restaurants open I went out to breakfast on Thursday morning and felt 100% safe doing so. Everyone wore a mask when not eating. Everyone did a great job keeping their distance which is 6 feet. I also noticed that chairs and tables were being disinfected after being used. I also noticed you has to ask for any condiments you wanted. Which is great because it was placed into little cups instead of having everyone touching the table bottle. Over all i felt safe eating out. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 111 Kaylin McCauley From: Sent: To: Subject: Hello, Desirae Ellison Friday, January 1, 2021 5:19 PM Council Internet Email BRING OUTDOOR DINING BACK I hope this email finds you well. Please bring back outdoor dining for the local restaurants in Carlsbad. Thank you, Desirae Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 113 Kaylin McCauley From: Sent: To: Subject: Ed Willers · Friday, January 1, 2021 5:09 PM Council Internet Email Restaurants I whole heartedly support all our restaurants in Carlsbad, both the large corporate owned and especially the small, independently owned ones. These entrepreneurs deserve your support and anything you can do to keep them open. They have complied with all the health restrictions placed upon them. Please help by allowing them to stay open for outdoor dining and ultimately returning to indoor seating and table service. Thank you. Ed & Jackie Willers Carlsbad, CA 92010 Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 114 Kaylin McCauley From: Sent: To: Cc: Subject: Jean Walker , Friday, January 1, 2021 4:22 PM Council Internet Email Manager Internet Email Restaurant peaceful protest Hi. My name is Jean Walker. I am a Carlsbad resident. I would like to register my concerns regarding the proposed shutdown of outdoor dining at Carlsbad restaurants. First, thank you for your time in reading this email. I appreciate it. Carlsbad restaurants are owned, operated and staffed with residents from throughout Carlsbad. These small businesses have gone above and beyond to protect their clients, both with indoor dining (when it was allowed), outdoor dining and take out/delivery. They did such an amazing job throughout Covid that there were only 2 Covid outbreaks total at Carlsbad restaurants. Of those two restaurants, one is now permanently closed, and the other is not currently doing any dining. Dr. Ghaly, the Secretary of Health and Human Services for the State of California has stated publicly that the outdoor dining restrictions have nothing to do with Covd numbers. In fact, restaurants statewide account for very few infections. Or. Ghaly is not only an M.D but also holds a Master's in Public Health. At the County level, all five members on the Board of Supervisors, including Supervisors Jim Desmond and Nathan Fletcher agreed to specifically exclude outdoor dining from the County's participation in the appeal of a statewide suit regarding Covid restrictions. Even Nathan Fletcher is unwilling to support an outdoor dining ban. Restaurants cannot survive an outdoor dining ban. Government cannot support the thousands of people who will lose their jobs if restaurants close. Take out accounts for about 10% of a restaurant's projected income. Even if you increase that number to account for Covid, it will only account for about 20% of projected income. And there will be no need for hosts, hostesses, waiters, waitresses, busboys or dishwashers with no one dining in. There will be no need for cleaning crews who would normally keep dining areas clean. With only takeout, local farmers, ranchers and other food producers will have fewer order, impacting their businesses. Truck drivers will have fewer deliveries because restaurants won't need as much food. Forget about the local impact to breweries alone in Carlsbad, which was becoming quite distinguished. That will be gone entirely. Carlsbad has already seen Koko Beach, O'Sullivan's and others go under. Nearby, in Vista, Iron Fist Brewery closed up shop. Why? Are Covid numbers higher in Carlsbad than the rest of the County? No. They are generally much lower. Are restaurants and breweries sources of Covid? No. The State Health Director says they are not. So, why is this even being discussed? If you close down restaurants for outdoor dining. They will go out of business. Will you have impacted Covid numbers? No. Will people just gather in private homes? Probably. Once the restaurants are closed and there is no impact from doing that, what's next? Probably small businesses. Once you shut them, and that has no impact, what's next? Probably having the police go door to door to ensure no one is congregating. No one wants that. Instead, allow outdoor dining to continue. Let people see their friends in a safe, socially distanced, outdoor environment. If you allow that, there will be less need for people to congregate at private homes, indoors, where Covid is actually scientifically proven to spread. 115 Kaylin McCauley From: Sent: To: Subject: Debby Tapia Friday, January 1, 2021 2:54 PM Council Internet Email January 5th special meeting Please allow businesses to remain open for safe outdoor seating. The staff and families of these businesses have my complete support. CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 122 Kaylin McCauley From: Sent: To: Gina Oliver · Friday, January 1, 2021 2:18 PM Council Internet Email Subject: I support outdoor restaurants and businesses. Please allow small businesses to keep working. Gina Oliver Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 128 Kaylin McCauley From: Sent: To: Dear city council, Stephanie Obrien Friday, January 1, 2021 1 :54 PM Council Internet Email Having resided in Carlsbad for well over 20 years, we are amazed at all the positive changes, however there are some negatives creeping in. My dear friend Ann Kulchin did a fine job on the council in holding major changes at bay until majority ruled. Now with this Covid we are seeing our privately owned small restaurants being closed because of restrictions. Please consider that they are the reason the tourists come here in hoards. Thank you Stephanie Obrien CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 130 Kaylin McCauley From: Sent: To: Subject: Dear city council, Kristin Hensley Monday, January 4, 2021 11 :11 AM Council Internet Email Support your citizens Please support the restaurants who are keeping outdoor dining open so that their employees can feed their families. Stop creating division in our city by encouraging neighbors to tell on each other and report small businesses that are desperate to stay afloat. I'm sure our tax dollars can be better spent than trying to enforce arbitrary shut downs. The citizens of Carlsbad are watching and will remember what you do. We are frustrated and disgusted by the lack of leadership and inability to function. Multiple states have opened successfully and safely-yet we are still at a standstill ... and guess what?! Our Covid numbers are no different -even worse than other states. Have some common sense. Thank you, Kristin Hensley Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 15 ·Kaylin McCauley From: Sent: To: Patricia Dunatte • --.. --·-~,-.. --·-- Monday, January 4, 2021 11:00 AM Council Internet Email Subject: Shut down is illegal and unconstitutional As a citizen and resident of Carlsbad, I urge you to keep all businesses open in Carlsbad as the shut downs are illegal and unconstitutional! We the people are fighting from tyranny and for our freedoms. Thank you for your service. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 17 Kaylin McCauley From: Sent: To: Subject: laura hoeg · Monday, January 4, 2021 10:08 AM Council Internet Email Restaurant outdoor dining Th whim it may concern, Please reconsider leaving outdoor dining available to their customers ... If they're following safe CDC protocols, .. I don't see why they can't remain open. These restaurants have put in additional funds to accommodate their customers ... this is NOT fair!!! Laura Hoeg Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 25 Kaylin McCauley From: Sent: To: Subject: Shannon Walker Monday, January 4, 2021 9:30 AM Council Internet Email Restaurants Hi I have been a resident of Carlsbad my whole life and I am very sad and disappointed about the restrictions happening in our town. It is not right for these small mom and pop restaurants to be shut down for patrons for outdoor dining. They have spend lots of money preparing for this to keep their businesses open and now and with that being shut they can't even afford to keep their business open. I understand and don't deny the severity of what is going on but in my opinion outdoor dinning is a choice! It is also a choice to go to the grocery store, target, and retail stores. I'd you are not comfortable stay home. To see all these businesses effected in these ways is truly heartbreaking. I work in a family run business that has been operating in our community for 55 years so I know how much blood sweat and tears go into owning and operating a small business. We have been allowed to stay open since we are considered an essential business but I talk with many of our customers and everyone seems to feel the same way restaurants and salons should be allowed to stay open and lower capacity and safety measures in place. Please consider how these people are to survive! Six hundred dollars fro the government doesn't help pay staff and rent!! People need to work! The choice should be up to the people . Thank you, Shannon Walker Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 27 Kaylin McCauley From: Sent: To: Subject: Carlsbad Council, Lynda Schubert · Monday, January 4, 2021 9:03 AM Council Internet Email Do Not Support Banning of Outdoor Dining -JAN 5 Special Meeting I do NOT support banning outdoor dining. Science and statistics no not suggest this move would have a significant impact on the spread of the virus. Please make decisions based on fact and not fear. R/S, Lynda Schubert Carlsbad CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 29 Kaylin McCauley From: Sent: To: Subject: Carlsbad Council, Martin Schubert Monday, January 4, 2021 9:00 AM Council Internet Email JAN 5 Meeting -DO NOT BAN OUTDOOR Dining I do NOT support banning outdoor dining. Science and statistics do not support a closure; it would be an uninformed decision. Show you support for the citizens of Carlsbad and let our restaurants continue to dine outdoors. Thank you! R/S, Martin Schubert CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 30 Kaylin McCauley From: Sent: To: Subject: Paula Mello Monday, January 4, 2021 8:40 AM Council Internet Email Shutdown Please stop the shutdown of our restaurants. Don't enforce shutdown of our restaurants. Tnx Paula Mello Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 32 Kaylin McCauley From: Sent: To: Subject: Ruthanne Powell Monday, January 4, 2021 8:36 AM Council Internet Email SAFE OUTDOOR DINING Dear Carlsbad City Council, Thank you for your service to our beautiful city. I am currently trying to support our local businesses by ordering delivery & take out. I have 3 autoimmune diseases and can't dine out due to the medication I am on. When I rarely go to an outdoor restaurant I wear my mask the entire time even while eating & I drink through a straw. I have tested Negative to date for Covid. I agree with Dr. Wooten. Outdoor dining can be safe. Please let our food establishments stay in business while operating safely. Thank you. Sincerely, R. Powell Carlsbad, CA 92008 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 35 Tammy Cloud-McMinn From: Sent: To: Subject: To Whom it May Concern, Jamie Padilla Monday, January 4, 2021 2:32 PM City Clerk January 5th Special Meeting As a former waitress for a few North County restaurants, it breaks my heart to see so many friends and small business owners struggling over this past year. I waitressed for well over 10 years and heavily re.lied on my tips to pay my bills, rent and to live. The measly $400 for unemployment and the $600 stimulus politician pocket change is hardly enough to even make rent here. You guys are asking business owners to close their doors but yet still pay the bills to ensure they can hopefully reopen one day. We watched basically every restaurant in North County transform their space in order to adhere to the new guidelines to stay open and nothing ever seems to be enough. Unless there is enough money to go around to support these places while they close, it seems they should be allowed to remain open as long as they are following protocol to maintain a healthy environment for their staff and customers. North county is a special place and it's sad to see so many small businesses already closing their doors. Please think hard about what you are asking your community to do and put yourself in their place with their financial obligations. Thanks for your time and consideration, Jamie Lewis CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ruth Taylor _ _ Monday, January 4, 2021 2:29 PM City Clerk; Council Internet Email Remarks for special council meeting on 1/5 Dear City Council Members, Although we understand the Governor's desire to keep all Californians safe, we feel that ordering restaurants to close outside dining is not only unwarranted since there is negligible evidence that this practice is significantly contributing to the spread of Covid, but it's irresponsible, unfair and quite possibly illegal. Rather than order restaurant owners to sacrifice their businesses and employees to forfeit their income -while offering them minimal support, if any -wouldn't it be more effective to quarantine and support those who are ill or at a higher risk of death due to Covid? Many of the affected businesses can not survive on take out alone and will not be able to weather another shutdown. Many of the impacted employees do not have reserves available to pay for housing, food and caring for their families should they lose their income. Please consider the drastic impact to all of us in the community before further enforcing this shutdown. By allowing these restaurants to peacefully protest you will grant these small business owners the ability to protect their livelihood and you will allow the rest of us to choose what level of risk we're willing to assume. Thank you for your consideration. Ruth Taylor and Chris Middleton CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Cherie Mclarty Monday, January 4, 2021 2:54 PM City Clerk Jan S agenda item 1 I would like to voice the opinion of many residents of Carlsbad against enforcing the public health orders. There is no correlation to increased COVID cases and restaurants, and shops have remained open without issues. The public does not need/want our police to spend their t ime looking for maskless people. I could continue, but I hope you get my point. Our ocean air is as healthy as it gets, breathe it and waste your time on government issues, not harassing the citizens. Cherie Mclarty CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Dear Council Member, Hannah Nestor Monday, January 4, 2021 2:58 PM City Clerk Cori Schumacher I DO NOT SUPPORT the January 5th Special Meeting I DO NOT SUPPORT your request to enhance enforcements against restaurants and small businesses in Carlsbad. I am a lifelong resident born and raised and also a college student working at one of these small businesses that you are targeting. With this enhanced law enforcement you are reaching for, you are not only ruining our village and causing potential complete closure of these restaurants/small businesses. But you are also taking the income of many Carlsbad residents. With this closure I will not be able to afford rent or food with the little amount of government income I will be left with if this closure takes place. As a 25 year old student I never thought the counsel members of my own community would be attempting to affect our village and its residents in such a negative way. I have grown up being told that this is the land of the free, but the actions of our leaders and counsel members such as you are slowly taking away the rights of its civilians right in front of our eyes. It does not make sense to shut down only small businesses while big box businesses are being overlooked and not even factored into this closure. It is only until ALL businesses are shut down will this ever make sense. ALL JOBS ARE ESSENTIAL. I beg you, please let these businesses continue to safely stay open while following all guidelines to protect its customers. Our community will never be the same if this shut down takes place. Thank you, Hannah Nestor CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Karen Mendoza < Monday, January 4, 2021 3:08 PM City Clerk Jan. 5th special meeting To our local esteemed public officials: I have signed up to speak for the special meeting, but in case I do not get the opportunity to share my thoughts I would you receive the below words with an open mind. As a long time resident of Carlsbad, to include a block walking distance from downtown Carlsbad, I've witnessed the growth and changes that our quiet beach town has endured since 2006. I am bothered by the special meeting to discuss implementing aggressive added penalties to our local hospitality establishments who are struggling to stay open. They are an integral part of our community who have creatively adjusted to the detriment of their own P & L statements. As a citizen, from the early onset of the pandemic, I have shuttered home. Traveling once to bury my Father (non covid related) and work t rips that I had postponed for 8 months. I packed in 6 cities in 5 days of travel. I am taking the virus seriously. What also serious is the livelihoods of our community leaders. Yes, they are leaders who have displayed their leadership by pivoting and adjusting for almost a year now. Our community leaders, needs your support as council people to work with them as they have with you and our government to work cooperatively to stay open. Personally, I have eaten out in San Diego to three establishments. Those showed that they were taking the precautions that I felt comfortable with. I have eaten out in San Diego (all in north county) a total of 6 times since February. Lots of carry out to support my local favorite restaurants and lots of gift cards for 2021. What I am witnessing is why I feel the city council should be open to allowing these establishments to stay open. The public confidence. I have seen it driving down the PCH from Oceanside to Del Mar. The street side venues are 90% open and 90% full regardless of time. This shows public confidence. The venues are allowing the public to dictate their operating hours and structure. Please be open to understanding that they do not wish to openly go against the governmental recent laws -they do so with las~ options to survive. The governmental overreach in my opinion from the state has inhibited their survival. They have regularly moved the "end line" with new metrics of what they deem palatable to "stay open". Lumping in San Diego with Los Angeles ... you all know that we are NOT like LA and that's the reason why we live in SD! I ask of you, .. to fight for our community leaders, our hospitality industry establishments who are fighting for their families. Be open to new and creative ideas that will appease your community health concerns but allows our restaurants to stay open with an opportunity to provide for their families. I ask of you, ... to be a council of leaders and set the tone and example that our community needs by not saying NO, but saying Let's work together to find a YES. 1 I hope I am offered the opportunity to speak tomorrow so I am able to share in a respectful manner from someone who currently is choosing not to dine in restaurants and have seen across the country how other counties are operating. Respectfully, Karen Mendoza Carlsbad resident since 2006 P.s. I have traveled for work to these cit ies: Washington DC, Miami, Da llas, New York City, Chicago, and Charlotte. Each time after my work trips -total of 3 during pandemic -Post trips I have self quarantined by choice for a week to ensure my travels would not adversely affect my local community in any capcity. CAUTION: Do not open attachments or click on links unless you recognize the sender and know t he content is safe. 2 Tammy Cloud-McMinn From: Sent: To: Subject: Cori, Holly Della Vedova Monday, January 4, 2021 3:14 PM City Clerk Keep restaurants OPEN!!! I have several friends who own restaurants and when they are shut down, what do you think all those employees are doing???? Not social distancing. They are getting together in large groups because they have nothing better to do with their time because they have no job. With restaurants open, they are at least at work for 8 hours a day following strict PPE guidelines. This is a fact and can bet verified. For the record, I DO NOT support you or any other council members supporting the shutdown of our struggling local restaurants. It's a travesty what Gavin Newsom has done to the small businesses in this state. I'm proud of our local business owners for their peaceful protest of our governors ridiculous shutdown orders. You and every other council member supporting t he shutdown of our local business should be ashamed of yourselves! How many similar emails have you received? Please listen to the people of this City! Lastly, it's easy to keep safe businesses closed down when you're still getting your full salary! Turn the tables for one moment and do the right thing. Restaurants are NOT spreading covid. Holly Della Vedova Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello City of Carlsbad, Danielle Alger Monday, January 4, 2021 3:23 PM City Clerk Keep Our Local Businesses Open~ I am a long time resident of Carlsbad, my brother and I moved here in 1983 with our single mom so she could realize her dream of opening her own hair salon (Gentleman's Hair Quarters). She owned and operated her successful men's hair salon here in Carlsbad from 1983 until 2008. Her business not only provided a nice life for my brother and me, but also put us through 4 years of college. In 1985 our dad passed away so there was no extra money coming in and our mom never took a penny from welfare. If she had not been able to work for an extended period of time (or even a few short weeks!) we would have been in real trouble financially. I have thought about this daily since the start of quarantine and the shut downs in March, how differently my life could have turned out if this happened during my childhood. We're watching our friends, local business owners and their employees trying to keep their 'heads above water' to provide-PLEASE LET TH EM!! Carlsbad and the California leadership of Gavin Newsom is destroying business, which destroys families, which destroys children. This is UNACCEPTABLE! Yes, Covid is real and dangerous to the overweight.and elderly. We have all done our part to protect the high- risk population by wearing masks and keeping our distance, especially in essential places like grocery stores. However, to take away the rights of these business owners (restaurants, local shops, etc) to make a living and keep their doors open for those who want to be there-it's unthinkable. Those who are high risk for Covid have the option to stay home, please allow those of us who are NOT in a high-risk category to safely go to restaurants and other businesses. It would allow for us to remain a healthy community, both mentally and financially. Please consider. -Dani Alger CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Rhonda Nmn · Monday, January 4, 2021 3:26 PM City Clerk Council meeting Jan 5, 2021 Good afternoon Carlsbad City Council I am a resident of Carlsbad. I reside in district 1. We need to support our small businesses. We are a destination city. People travel from all over the country to spend time in our wonderful city. Our small business owners are dedicated to ensuring a safe visit within their restaurants & bars. They follow all the CDC guidelines, mask requirements, increased cleaning regiments, building outside eating facilities. They have invested money and time in doing so. Employees need to provide for their families. Keep our town open. Their is no scientific data to keep the restaurants closed! Have you seen how packed the Wal-Mart's and markets are? Taking a flight is ok, seating next to dozens of people in a confined space is ok but not having a meal outside isn't? I urge you to not turn our beautiful city into a ghost town. We need to have those businesses continue to grow and flourish and be an example for the rest of the state, that we can support our small businesses, thrive in our economy and still practice and safe dining within Carlsbad. Thank you for your time. Rhonda Marie Carlsbad resident. CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: City Clerk City of Carlsbad, Donna Cicone Monday, January 4, 2021 3:53 PM City Clerk January 5th Special Meeting I DO NOT support the enhanced enforcement for small businesses in our city. All jobs are essential and the Constitutionally protected peaceful protest against arbitrary and unconstitutional government shut down orders are not supported by any facts, evidence or science. I do support safely keeping our small businesses open, including outdoor dining. Please keep our coastal town open and not owned solely by large corporations. Thank you, Donna Cicone Carlsbad resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ladies and Gentlemen, Scott Applegate Monday, January 4, 2021 3:55 PM City Clerk Keep our restaurants and Stores open. I am contacting you I relation to your scheduled special meeting tomorrow. My family and myself are 20 year residents of Carlsbad and support the peaceful protest our local restaurants/businesses are currently participating in. We have been informed that one or two council members for their own political reasons want to have the protests forced to end. This should be the choice of our residents, not a political agenda of couple council members. Those that wish to not participate in the protest can simply stay home. Those that support the protest as we do can show our support wearing masks and social distancing as suggested by medical professionals. Thank you for hearing our concerns. Please make sure the council knows how the residents feel prior to any vote or action. Thank you. Scott Applegate Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Tammy Cloud-McMinn From: Sent: To: Subject: Dear Council members. Linda Hanson Monday, January 4, 2021 3:58 PM City Clerk; COUNCIL@carlsbad.gov Direct to Special Council Meeting on 1/5/21 I am a 67 year old resident from district 1 and I am asking you to NOT enforce the restriction on outdoor dining in Carlsbad. I have been to several restaurants and am impressed and confident they are strictly following the protocols set out by the CDC. These small business owners need to survive and the science (which we have been told to follow) does not support that restaurants are the problem in the spread of COVID. Please do not scapegoat these businesses and take away their livelihood, further destroying our economy. Thank you, Linda Hanson Carlsbad, CA 92008 sent from my iMac CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Mary Jean Tibbels Monday, January 4, 2021 12:09 PM City Clerk Today's meeting I urge you to keep open the restaurants in Carlsbad so that people can work, pay their bills, & feed,their families. There is no science to prove Covid comes from restaurants & Peaceful Protests. Our own City Council member supported the protests last summer, but now is against them. There are three registered voters in our household & all three want the restaurants kept open . Thank you. Mary Jean Tibbels Terrence Tibbels Pat Tibbels Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: JANA NYBERG Monday, January 4, 2021 12:19 PM City Clerk Special Meeting on restaurant enforcement Hello -As district 1 Carlsbad residents, my family strongly encourages the City Council to allow Carlsbad restaurants to Remain Open for outdoor dining. We strongly Disagree with Cori Schumacher's and Gov. Newsom's stance on closing outdoor dining, as there is little to no scientific basis for it regarding Covid spread. Thanks for your consideration -Jana Nyberg, CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn -From: Sent: To: Subject: Kim Bryant Monday, January 4, 2021 12:25 PM City Clerk Special Meeting January 5, 2021 Dear Mayor, Council, and staff, We cannot focus only on COVID while allowing our citizens and business owners to loose their livelihoods. This is a multi faceted disaster and all aspects need to be taken into consideration. The big box stores (including Hobby Lobby) have not had to close at all during this time. Why is that? And what makes a business essential? The CDC itself states, "For 6% of the deaths, COVID-19 was the only cause mentioned. For deaths with conditions or causes in addition to COVID-19, on average, there were 2.9 additional conditions or causes per death." And "This can include cases with or without laboratory confirmation." https://www.cdc.gov/nchs/nvss/vsrr/covid weekly/#Comorbidities CDC also states that the current best estimate for Infection Fatality Rate by age is: 0-19 years: 0.00003 20-49 years: 0.0002 50-69 years: 0.005 70+ years: 0.054 Table 1: https://www.cdc.gov/coronavirns/2019-ncov/hcp/planning- scenarios.html ?fbclid= IwAR3Dv H5 umpJxiObUDTKBckeBAfgudrtvz WfOh YiUfHeEhCFegSUXzalabGg 1 Tammy Cloud-McMinn From: Sent: To: Subject: Danielle Schumacher Monday, January 4, 2021 12:27 PM City Clerk January 5th Special Meeting I DO NOT support the-request to enhance enforcement on restaurants, salons and gyms. These establishments and their employees can not survive on To Go/Take Out only. These local businesses will be forever gone and the employees will not be able to support themselves or support their families. They have complied with the masks and 6ft rule and have taken out tables and bar seating already. That alone has affected them financially but they have followed it and will continue to follow it as it is way better then having to shut down completely/ switch to Take out only. Enforcing even more restrictions would be forcing the owners to say goodbye to their establishments (homes) and to their employees who are like their family. Please put yourself in their situations and see how heartbreaking this is for them. We can stand in lines at grocery stores, Walmart, Target, etc. but we can't support local restaurants, gyms and salons who continue to follow the same guidelines? It just doesn't make sense and it is wrong on many levels. How will these people survive? How will their family survive? On a small stimulus check that will barely cover their rent? And who knows how long this pandemic will last. Either way once it's over these local establishments will be gone forever if this new enforcement takes place. Please take care of your people in your district. They need your help now more than ever and it will greatly be appreciated by the voters as well. Thank you and God Bless. Sincerely, Danielle Schumacher CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Debby Fleming Monday, January 4, 2021 12:30 PM City Clerk Special council meeting tomorrow January 5 Greetings and salutations from a relatively new Carlsbad residents. My husband and I will be 70 years old this year. We are in fairly good health; we exercise, eat well and keep busy with our respective businesses. I am a working artist, and my husband is a professional crossword writer. DebbyMellorArt.com ILoveCrosswords.com MylesMellorThemeCrosswords.com Fortunately, I'm a great cook so we are not suffering for the quality of food we consume, And we do not rely on restaurants for our every day meals. However, we do like to go out to eat now and again, and for this reason we urge you to leave our restaurants alone and continue their business of outside dining. We also urge you to leave our restaurants alone for a completely non-selfish reason: these small businesses need to keep their doors open and keep their employees working! If there is any evidence that COVID-19 is an issue for dining outside (and I believe inside dining too), then I could understand closing the restaurants for on-site dining. However, that is not the case. To my knowledge, there is no evidence that restaurants are spreaders of COVID- 19. I see all of the servers wearing masks, taking temperatures, cleaning tables and making an extra effort to keep us all safe. And many of these restaurants have spent a fortune purchasing equipment, tables and chairs, to sustain outdoor dining. If people can go to the beach, can go to Costco and Home Depot, Wal mart and The Gap, people can go to restaurants. Their tables are all 6 feet apart, at least, and they are abiding by, so far as I can tell, CDC guidelines. To close these businesses is oppressive and we as consumers and business people ourselves simply hate it. Thank you for your time. I hope that you and your fellow council members will do the right thing and leave these businesses to continue to do business as usual until such time as the health of their patrons becomes an issue, which I doubt it ever will do. Very truly yours, Debby Fleming and Myles Mellor 1 Tammy Cloud-McMinn From: Sent: To: Subject: Tese Gorszwid Monday, January 4, 2021 1 :19 PM City Clerk Closing Local Restaurants PLEASE STOP the movement to close our local restaurants that have spend SO MUCH money to comply with each and every safety regulation that has been imposed on them by our local, county and STATE governments ! ! ! These are all local SMALL businesses who are trying to not only stay open, but help their employees with salaries in order to pay their own bills. No one is 'getting rich' during this terrible situation. We try to support our favorite local restaurants several times a week-ordering take-out meals so that they CAN stay open and survive until we can eventually return to dining out. KEEP OUR Restaurants OPEN ! ! ! Thanks in Advance ! ! ! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Victor Ramos Monday, January 4, 2021 1 :43 PM City Clerk January 5 special meeting Please keep Carlsbad open. The science shows bars and gyms are not super spreader locations. Why are we not talking about improving our own health. This "Pandemic" has a 99 percent chance of recovery. 99% ... are we trying to stop all death? If so what are we doing about the new law making it ok to infect someone with AIDS? That's a life sentence but let's over exaggerate this cold with a 99%chance of survival ... if this is so bad why haven't the homeless become more of an iss·ue? Why aren't they dying in the streets? Stop trying to find a solution to a problem that isn't a problem. Wash your hands, good hygiene ... not this silly power grab Vic Ramos Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: tsila browne Monday, January 4, 2021 1 :53 PM City Clerk No to shutdown I do not support you shutting down business and you have no science behind it. We are conducting safety measures like masks and distancing and if hone depot Walmart Target and all supermarkets, liquor store and dispensary are open so are other businesses. You need to stop driving the economy down . Tsila Browne CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Rich Truchinski Monday, January 4, 2021 2:03 PM City Clerk January 5th special meeting I demand that you allow all businesses to open without restrictions, these unconstitutional communist style lock downs are a total over stepping of your boundaries!!! Remember you work for us and depending on the job you do will or will not get reelected! fed up American patriot! Rich Truchinski CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Nelle Quincy Monday, January 4, 2021 2:16 PM City Clerk Restaurants reopening concerns I am a new resident of Carlsbad but I would still like to make my voice heard. I believe that we should be enforcing the health orders and shut down restaurants that are not following them. I also feel that the restaurants deserve financial support from our government during this time so that they may stay in business. I strongly feel that peoples lives should come before the privilege to eat at a restaurant. If the United States had taken this order seriously the first time we wouldn't be in another shut down. I think it important to look to the medical experts and health care works and listen to there expertise when it comes to viruses and how the public should react. Whatever your decision please consider helping businesses in a way that does not contribute to the spread of COVID- 19. Thank you, Nelle Kaufman Carlsbad Resident CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Jobe Parker Monday, January 4, 2021 2:51 PM City Clerk Shutdowns I already sent this to Cori directly Cori For the record, I DO NOT support you or any other council members supporting the shutdown of our struggling local restaurants. It's a travesty what Gavin Newsom has done to the small businesses in this state. I'm proud of our local business owners for their peaceful protest of our governors ridiculous shutdown orders. You and every other council member supporting the shutdown of our local business should be ashamed of yourselves! How many similar emails have you received? Please listen to the people of this City! Sent from my iPhone Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Kaylin McCauley From: Sent: To: Subject: Dan Castellini Tuesday, January 5, 2021 7:56 AM Council Internet Email January 5th Special Meeting Please stop killing local businesses by shutting down outdoor dining and other establishments .. If you believe so much in your cause, I'd ask for you and all other enforcersers of these ideas to get alongside the business you shut down by forgoing your paycheck for as long as you shut down businesses .. If your belief is this strong and you truly take this sort of action you may get some to follow with you however if you are not id ask you to search internally and make the right decision to not destroy what so many have worked their lives to build in our beautiful city and allow businesses that have no evidence of sign ificantly contributing to the spread stay open Dan J Castellini Schedule An Appointment !CAUTION: Do not open attachments or click on links unless you recognize the sender and-know the content i~ !safe.I 2 Kaylin McCauley From: Sent: To: Subject: Gayle Tuesday, January 5, 2021 7:40 AM Council Internet Email Outdoor Dining If a restaurant is following the protocols set down by the CDC, please allow them to stay open for outdoor dining. Thank you, Gayle Arbenz Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 4 Kaylin McCauley From: Sent: To: Cc: Subject: Sara Wright Monday, January 4, 2021 10:33 PM Council Internet Email Sara Wright County Health Order Council Member Cori Schumacher, I am compelled to write you a letter of support to enforce the County Health Order in Carlsbad. I am a homeowner on State Street directly impacted by the lack of health enforcement in the Village. I am a wheelchair user and high risk of Death by Covid-19. I have not been able to use the sidewalks or safely navigate around the Village due to the pop-up outdoor dining, Handles ice cream super spreader line and Non-maskers. I do not have the option to jump off the sidewalk to get away from people. All of these people breathe down on me. I have been verbally harassed and someone pretended they were going to hit me because i asked them to give me 6' and put on a mask. I have been quarantined since March and unable to navigate our city safely. The only way to stop the spread is to shut down the restaurants and enforce the ruling. Ticket people with mandatory community service if they refuse to wear a mask. Tell non maskers to stay home. If they don't live in Carlsbad ticket them. The restaurants entitlement to be super spreaders is deplorable and unacceptable. I understand my words seem harsh when talking about my fellow neighbors and community. This is a life or death situation. It saddens me that Carlsbad is unable to comprehend the basic concept of how the virus spreads. This is a pandemic. Thank you for making safety a top priority in Carlsbad. Sara Wright CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 8 Kaylin McCauley From: Sent: Steve Howard Monday, January 4, 2021 8:41 PM To: Council Internet Email Subject: Closure Restaurants Dear Council Members: Please allow the peaceful protest by our restaurants. They have followed the policies issued by the state. We know the policy is not reducing the spread of the virus. The restaurants need to stay open. Also we are a tourist destination. Lets do our best to take care of our visitors. If people are afraid of going out -then they need to stay home. Respectfully Stephen Howard More than 20 year redjdent Sent from Yahoo Mail on Android !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i~ !safe.I 12 Kaylin McCauley From: Sent: To: Subject: hello! Patricia Brown-Goldojarb Monday, January 4, 2021 8:37 PM Council Internet Email ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS As long-time Carlsbad residents, we request that the City Council NOT vote to enforce the ban on outside dining for Carlsbad restaurants. These establishments are fully compliant with CDC guidelines and have been unfairly singled out for closure, while "big box" stores are allowed to continue operations. Patio dining should be ava ilable for any willing customer .... if you don't feel safe going to a Carlsbad restaurant, then simply don't go. but allow the rest of us to exercise our freedom of choice. Thank you . Patty and Brian Goldojarb CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 13 Kaylin McCauley From: Sent: To: Subject: JGR < Monday, January 4, 2021 8:00 PM Council Internet Email Restaurants Please keep the restaurants open and get us back to normal. Joseph and Blanca Raffa Carlsbad 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 15 Kaylin McCauley From: Sent: To: Subject: Scott Applegate Monday, January 4, 2021 7:53 PM Council Internet Email Peaceful protest support Ladies and Gentlemen, I am contacting you I relation to your scheduled special meeting tomorrow. My family and myself are 20 year residents of Carlsbad and support the peaceful protest our local restaurants/businesses are currently participating in. We have been informed that one or two council members for their own political reasons want to have the protests forced to end. This should be the choice of our residents, not a political agenda of couple council members. Those that wish to not participate in the protest can simply stay home. Those that support the protest as we do can show our support wearing masks and social distancing as suggested by medical professionals. Thank you for hearing our concerns. Please make sure the council knows how the residents feel prior to any vote or action. Thank you. Scott Applegate CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 16 Kaylin McCauley From: Sent: To: kris fetzner < Monday, January 4, 2021 7:50 PM Council Internet Email Subject: Fw: Support small business Kristina Williams Carlsbad, CA 92008 01-04-2021 Dear Council Members, I DO NOT SUPPORT YOUr request to enhance enforcement against restaurants, salons and gyms. I support safely keeping our local small businesses open to support our community. Please help these vulnerable people in your district. Your support on this issue will be greatly appreciated by voters affected by this problem. Very Sincerely Yours, Kristina Williams Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 17 Kaylin McCauley From: Sent: To: Subject: Hello, Erin lmHof Monday, January 4, 2021 7:42 PM Council Internet Email Fwd: Outdoor Dining In Carlsbad -January 5th Meeting This email is to express my support for outdoor dining. From the US Small Business Administration Office of Advocacy, note the following: California small businesses employed 7.2 million people, or 48.5% of the private workforce, in 2017. (Source: SUSB) Firms with fewer than 20 employees have the largest share of small business employment. Figure 1 provides further details on firms with employees. (Source: SUSB) Private-sector employment decreased 15.3% during the 12-month period ending in April 2020. This was below the increase of 1.7% during the prior 12-month period. (Source: CES) The number of proprietors increased in 2018 by 3.5% relative to the previous year. (Source: BEA) Small bus inesses created 214,569 net jobs in 2019. Firms employing fewer than 20 employees experienced the largest gains, adding 147,780 netjobs. The smallest gains were in firms employing 20 to 99 employees, which added 31,315 net jobs. (Source: BDM) It is essential that we allow businesses to stay open so they can continue to provide jobs, pay taxes to the city and provide people with a mental health break and something to look forward to. How will the city obtain taxes from businesses that are closed? What happens when they can't afford to open up? What will happen with the open storefronts? Will the city council pay the sala ries of people who end up on unemployment from bus inesses closing? Who will pay the landlords? What happens when the landlords leave the area? I thought Carlsbad was a business friendly city. It is reasonable to enforce COVID-19 provisions, such as a ban on indoor dining, wearing masks, social distancing, etc.; but it shou ld be up to individual citizens if they take the risk to attend outdoor dining. Please take this into consideration before enforcing rules that are not sustainable. Thank you, Erin lmHof !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i~ !safe.I 18 Kaylin McCauley From: Sent: To: Subject: LAURENE GANCI Monday, January 4, 2021 7:20 PM Council Internet Email Special meeting tomorrow Dear City council members and Mayor Matt Hall, Please do not enforce the restaurant/ small business shut downs. San Diego and especially Carlsbad should never have been lumped together with Los Angeles. Our Covid numbers are not increasing due to any outdoor dining or shopping at small businesses. Also, a handful of residents have had covid and or have been vaccinated. Let us patronize these businesses. They cannot survive another shut down. What if you lost income? You need to really empathize and imagine what losing income means. I'm sure none of you have lost your jobs. How would you make your mortgage payment or rent payment? All people are essential and all jobs are essential. Please do not do this!! We are watching how you all vote. Respectfully, Laurene Ryan CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 19 Kaylin McCauley From: Sent: To: Subject: Stacey < Monday, January 4, 2021 6:44 PM Council Internet Email Restaurant closure I would like to formally express my opinion regarding the actions of Cory Schumacher and her rabid attack on the small business of Carlsbad Village. Her proposal to close restaurants is uncalled for in light of the FACT that outdoor dining has NEVER been proven to spread the corona virus. The business owners have gone above and beyond to provide a safe environment for patrons and they should be allowed to conduct business with these new precautions. We do NOT need Cory to protect us not do we appreciate her appointing herself as the unchallenged authority of our personal affairs!! If she was truly concerned about the safety of citizens in district 1 she would tackle the tough issues like cleaning up the homeless crisis! But that is too difficult and would require some actual work and long term commitment! NO, instead she chooses waive her little sabor at an invisible enemy and penalize those in our community who are actually trying to do the right thing, providing jobs and services and preserving the spirit of community that the village is known for. Cory is not good for Carlsbad! Cory is pushing her political agenda at the expense of our community. Sent from my iPhone Stacey Boyer Carlsbad Ca 92008 Bre#01491648 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 23 Kaylin McCauley From: Sent: To: Subject: Kat Orme Monday, January 4, 2021 6:35 PM Council Internet Email Restaurant dining Dear Carlsbad City Council, Please allow restaurants in our beloved Carlsbad to remain open to serve outdoor dining. These businesses cannot survive without seated diners. I would love to see indoor dining allowed as well as outdoor tables. But I will be deeply saddened if the city takes further measure to prohibit businesses who want to serve paying customers. The COVID 19 contagion rates are not increasing because of outdoor dining. To me this is more than the contagion rate; it's about letting people have the freedom to think and choose for themselves the level of risk they're willing to accept for themselves. If you want to stay home, you can. If you want to order takeout, you can. If you want to sit down and eat a meal at a restaurant, this should be permitted. The problem with limiting restaurants to takeout only is that you essentially revoke the choice of the business to stay open; they cannot sustain their bus inesses. Please, please, please allow Carlsbad restaurants to have outdoor dining. Thank you, Kat Orme , Carlsbad, CA 92008 CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 24 Kaylin McCauley From: Sent: To: Subject: Karen DiStanislao < Monday, January 4, 2021 6:22 PM Council Internet Email Restaurant Restrictions To whom it may concern: I am a longtime resident of North County, and enjoy visiting Carlsbad frequently for shopping and a meal. Please allow restaurants to continue serving customers in an outdoor setting. There is no scientific justification for not allowing them to do so. Many restaurants cannot survive on takeout. Thank you for your consideration, Karen DiStanislao Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 26 Kaylin McCauley From: Sent: To: Subject: Kim Styve < Monday, January 4, 2021 5:16 PM Council Internet Email Meeting January 5th Dear Carlsbad City Council, My husband and I are vehemently opposed to any enforcement of restrictions to restaurants and businesses simply trying to survive. ENOUGH IS ENOUGH!!!! It's been 10 months of this nonsense! Sincerely, Kimberly and Gary Styve Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 28 Kaylin McCauley From: Sent: To: Subject: Heidi Peters Monday, January 4, 2021 4:13 PM Council Internet Email January 5th special meeting To whom it may concern, Please please please let Carlsbad shops and restaurants open for business, and dining. Lockdowns and shutting down small businesses are not working and actually hurting so many families. A friend of mine committed suicide on Friday. So tragic. Depression is rampant. What is happening this past year is NOT working!!! We need our freedoms back. Keep businesses and restaurants open!!! The virus isn't going anywhere. Let us work through this. We have immune systems. Heidi Peters Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 32 Kaylin McCauley From: Sent: To: Subject: Bill Baer Monday, January 4, 2021 4:07 PM Council Internet Email Special Council meeting -1/5 I am in favor of restaurants staying open for outdoor dining without additional enforcement. Unless there is actual evidence that these places cause the spread of the virus. I would assume that the ones contracting the virus in these places would be the actual workers since the patrons are the ones not wearing the masks, but I have not seen any information on that. Bill Baer CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 36 Kaylin McCauley From: Sent: To: Subject: Jean Ramos Monday, January 4, 2021 4:01 PM Council Internet Email Please allow local restaurants to be open for outdoor dining We support outdoor dining for Carlsbad restaurants. Small restaurants will not survive if shut downs keep happening, especially with short notice. We have been trying to frequent our favorite restaurants throughout 2020 so they can save their businesses. We have observed all precautions being followed to keep everyone healthy and safe. They shouldn't be penalized when they have been following protocols especially when grocery stores and big box stores have been able to stay open. Thank you for your consideration. Carlos and Jeanne Ramos Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 37 Kaylin McCauley From: Sent: To: Subject: Donna Cicone Monday, January 4, 2021 3:57 PM Council Internet Email January 5th special meeting Carlsbad City Council, I DO NOT support the enhanced enforcement for small businesses in our city. All jobs are essential and the Constitutionally protected peaceful protest against arbitrary and unconstitutional government shut down orders are not supported by any facts, evidence or science. I do support safely keeping our small businesses open, including outdoor dining. Please keep our coastal town open and not owned solely by large corporations. Thank you, Donna Cicone Carlsbad resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 38 Kaylin McCauley From: Arnie Cohen Sent: Monday, January 4, 2021 2:37 PM To: Council Internet Email Subject: Tuesday 1/5/21 Special meeting Dear Mayor Hall, Councilmembers and staff, I am writing to express my appeal for you to find a good balance in your deliberations about enforcement of the Covid protocols. We are all concerned about the ongoing pandemic and its impact on the health and well-being of everyone in our community. Most people support the implementation and enforcement of purely science based measures that are not influenced by politics. Your job is to focus on what is real and avoid your personal and political preferences. Over the last several years Councilmember Schumacher has repeatedly said that data-based decision making is utmost. With that in mind the question about what to do should be primarily driven by actual statistics on the PROVEN spread of Covid in restaurants with outdoor dining, restaurants with indoor dining, salons, gyms and other businesses. It· s that simple, either they are significant recorded cases in those venues or there isn't. For those wanting stricter enforcement it is incumbent on you to prove your case. Your constituents will support you if you have the fact-based data to back you up. But if you don't have it and still vote to raise the enforcement level, you will be proving that you are driven by politics and not 43 Kaylin McCauley From: Sent: Ruth Taylor Monday, January 4, 2021 2:29 PM To: City Clerk; Council Internet Email Su bject: Rema rks for special council meeting on 1/5 Dear City Council Members, Although we understand the Governor's desire to keep all Californians safe, we feel that ordering restaurants to close outside dining is not only unwarranted since there is negligible evidence that this practice is significantly contributing to the spread of Covid, but it's irresponsible, unfair and quite possibly illegal. Rather than order restaurant owners to sacrifice their businesses and employees to forfeit their income -while offering them minimal support, if any -wouldn 't it be more effective to quarantine and support those who are ill or at a higher risk of death due to Covid? Many of the affected businesses can not survive on take out alone and will not be able to weather another shutdown . Many of the impacted employees do not have reserves available to pay for housing , food and caring for their families should they lose their income. Please consider the drastic impact to all of us in the community before further enforcing this shutdown. By allowing these restaurants to peacefully protest you wi ll grant these small business owners the ability to protect their livelihood and you wi ll allow the rest of us to choose what level of risk we're willing to assume. Thank you for your consideration. Ruth Taylor and Chris Middleton Carlsbad, CA 92008 CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 46 Tammy Cloud-McMinn From: Sent: To: Subject: Council Members ... Todd Masten Sunday, January 3, 2021 6:46 PM City Clerk; council@carlbsdca.gov January 5th Special Meeting As a constituent of Carlsbad, I implore you to leave our one shred of normalcy alive by allowing restaurants to remain open. Every one I've gone to is doing everything right in terms of social distancing and cleanliness. The residents NEED something to look forward to and .to get away; even for just a few hours. I strongly urge you to do the right thing here and stop shuttering small businesses that need our help and support. Thank you ... Todd Masten open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: SHR Ross Monday, January 4, 2021 11 :46 AM City Clerk Cori Schumacher; jan.neff@ymail.com Please increase enforcement of the Covid-19 Public Health Rules The virus will never go away as long as people who are sick but without visible symptoms are out there spreading the disease. People will continue to suffer and die! Please take actions to protect the citizens for whom it is your responsibility as an elected official. Enforce the county and state rules that are scientifically proven to stop the spread of the virus, and stop further sickness and deaths of the citizens of Carlsbad. The businesses in . Carlsbad that have been and will be affected by these orders can apply for federal money to help during these difficult times. Businesses in Carlsbad have already received PPLs. There is more federal money coming and the city of Carlsbad has also set . aside $5 million dollars to help local businesses. Volunteer CERT ambassadors have been sent to almost every business in the city with boxes of masks and flyers containing information about this financial support. Saving lives matters more than financial security at this point. We all have to sacrifice for the greater good or the virus will be with us always. And then, no one will have any security. Don't let virus deniers and anti-vaxers harm the rest of the law abiding citizens! Do your job! Since our neighboring communities are instituting these practices, the Covidiot anti maskers will flood Carlsbad. What will you do when the number of positive cases and deaths increase as a result of your actions or failure to act? Protect the citizens and voters of Carlsbad. Increase the enforcement of the Covid-19 Health Restrictions! 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello City Official, Adrian DePaolo Tuesday, January 5, 2021 7:57 AM City Clerk; Council Internet Email January 5th Special Meeting I run the YogaSix at Bressi Ranch which helps feed my family of 5 (my wife, my 4 year old daughter, my 2 year old son, and my 6 month old daughter). Having a place of work and income is extremely important right now, more than ever. Our studio is extremely safe, clean and take every precaution that is out there. There haven't been any cases being brought from our studio or even spread from our studio. We aren't just a gym, we are a whole body wellness Center and necessity for many people including veterans who suffer from depression and ptsd, people recovering from injuries, mothers who need "me" time. We focus on the mental, physical, and nutritional health of our community. The safety measures/ precautions we take: -Our licensed nutritionist offers consultations a.nd holds meetings via zoom, when needed. -Our retail sales are held for private meetings. -All of our visits are restricted in quantity of people and held by appointment only -We have the same air filter technology that hospitals use, germicidal UVC lights to filter the air, which many other business don't have. -We clean all day every day, focusing on high touch point areas, with Cintas Neutral Disinfectant, which is EPA approved against COVID. -We don't share any equipment, people are required to bring their own. -Mats are spaced out 6' apart from each other. Best Regards, Adrian DePaolo Yoga Six Bressi Ranch Best Regards, AJ DePaolo 1 Tammy Cloud-McMinn From: Sent: To: Subject: Art Braun Tuesday, January 5, 2021 8:05 AM City Clerk Today's City Council Meeting Dear Members of the Carlsbad City Council. I urge the Council to vote against increased administrative enforcement of public health orders. Increased enforcement will be punitive for those who have already suffered financially from the effects of the COVID pandemic. As you know, the science does not support closing restaurants and other small businesses such as hair salons. In fact, closing them forces people to gather more in homes to socialize and conduct business, i.e. in home hair cuts and treatment and gathering for meals usually eaten at restaurants. In home gatherings are the primary source of increased COVID infections. In addition, although San Diego County is in a "region" with zero available ICU beds, the county has a 17% to 18 % available ICU capacity. Given the above facts, it is counterproductive to increase enforcement of a flawed public health order. Please vote against increased enforcement. Respectfully Art Braun Carlsbad, 92011 Thanks, Art Braun CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern; Jeff G Tuesday, January 5, 2021 8:22 AM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I am writing to you today to comment on the current business climate in Carlsbad with respect to Covid-19 regulations and food and drink establishments. I happen to frequent several small businesses in Carlsbad (Rouleur Brewing, The Wrenchouse, Burgeon Brewing} and know their owners well, and have seen first hand the lengths to which many of them have gone to comply with Covid-19 restrictions, keep their patrons and staff safe, and still drive their businesses forwards. The rapid changes in requirements have left us all dizzy with what's appropriate and what's not at any given time, I'd like to take some of your time to make some observations. First, data on Covid-19 outbreaks is sparse and not at all transparent when made public. However, itwould seem logical to work with the businesses that have seen outbreaks to modify their business processes appropriately rather than target all businesses. Second, over the holidays, and even before, it tends to be private functions (rallies, church services, funerals, gatherings in personal residences) that have become spreading events. Third, I expect that of anyone impacted, small business owners are willing to work with the city to provide a safe environment for patrons and staff. My suggestion is, rather than hire officers to enforce lockdown requirements, engage willing small business owners to self-monitor (confirm with random checks), and have an escalating fine/penalty system for those who won't or can't provide a safe environment based on distancing, masking, and hand washing. It seems senseless to unilaterally drive these places out of business rather than make them partners in maintaining what little normalcy we have left. After all, retail establishments have been allowed to maintain their indoor sales, but at a reduced occupancy, why not food and drink establishments acting responsibly? People will gather regardless of restrictions. Let's work to give them safe, vibrant places to do so. Thank you, Jeff Godun Doctor of Chiropractic CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Autumn Bidwell Tuesday, January 5, 2021 8:31 AM City Clerk Please enforce mask wearing & compliance Good morning! I am a lifelong North County resident. I have patronized the businesses of Carlsbad Village my entire life. I am incredibly disappointed and saddened in this community. I do not feel that I can support the small businesses of Carlsbad Village, primarily because of the lack of mask wearing and social distancing throughout State Street. The last time I was in the village I went into the coin shop and the proprietor was not wearing a mask. On New Year's Eve, I drove through the drive-through at Vallarta Express and witnessed unmasked employees hugging each other inside the restaurant and another pulling down her mask around her chin to talk to another employee. The ideology embraced by this community is sad, sickening, and destructive. They are cutting off their noses to spite their face by not following the public health guidelines. I hope the city will go a step further and hold the patrons of these establishments accountable. Violating public health orders is not "peaceful". These individuals are behaving like plague rats. Unfortunately, they don't keep their plague to themselves, they are spreading it throughout the community. Please, please, please take action! Autumn Bidwell CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: City Council, Jasanna Maher Tuesday, January 5, 2021 8:34 AM City Clerk Special Council Meeting 1/5/2021 The businesses in Carlsbad are struggling and many will be forced to close if new enforcement measures are adopted. Our resources should go to helping these businesses, and all of the people struggling during this pandemic. It should not be used to punish them even more. Mask wearing should be an individual choice not a mandated one. Please vote to uphold the constitution of the United States. Sincerely, Jasanna Maher Carlsbad, CA. 92010 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Duke Skaff Tuesday, January 5, 2021 8:48 AM City Clerk Open outside dining There is absolutely no sound reason I can come up with why outside dining is locked down. These closings are inspiring more people to entertain in their homes, where gatherings do transmit the virus. Also, the statistics show that distanced outside dining has a very low percentage to pass on illness. One comes into closer contact with others pas sing one another in big box stores, but they remain open. We hear daily about restaurants going out of business because of these unfounded closings. We also hear daily about the population's depression. Nothing is normal and there is no place people can go to see others. At least, restaurants allow one to see others, although from a distance this helps mental well being. We are becoming a population of hopeless individuals. We need Hope! We need some safe semblance of normality. Open our restaurants. Let owners and employees make a living so their families can survive during this pandemic. I say let's make this a Happy Hope Year. Rosalie Skaff Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Public Health Orders Melissa Hamilton Tuesday, January 5, 2021 8:54 AM City Clerk Jan 5 Meeting When local restaurants were told to shut down for public safety they did. When they were given directives to reopen safely they spent thousands of dollars to purchase plexiglass, make outdoor accommodations and menu adjustments just to name a few. Local restaurants strictly enforce socially distancing, limiting the number of people and wearing masks until seated at a table the proper distance from other tables. Now you want to take that away again. These restaurants are not going to survive. Who is going to help pay your salaries if downtown Carlsbad is wiped out because it is OK for Newsom and Schumacher to dine out but the people who actually follow the rules are told to stay at home and watch their beloved businesses shrivel away. You want us to stay at home. We are social creatures so we will just go to each others' homes and socialize. Science says 74% of cases are contracted during personal gatherings in homes. 1.6% are contracted during outdoor dining so why are you destroying these restaurants??? We have a vaccine now and there is an end in sight now. Don't make our beloved Carlsbad a ghost town for your own personal agenda. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Suellen McFerran Tuesday, January 5, 2021 8:54 AM City Clerk Save Our Restaurants and Small Businesses! To: Carlsbad City Council members; Please be aware that we strongly support allowing small businesses and restaurants to stay open at this time! Protocol and safety measure have been put into place and the citizens of Carlsbad have the right to decide if they want to shop and/or dine while following the mask wearing and outdoor dining protocol. Please do not strong arm the community of Carlsbad because you imagine that you have the "power" to do so! Sincerely, Suellen McFerran CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Marc Chilcote < Tuesday, January 5, 2021 9:00 AM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I am writing to ask that you reconsider the proposed increase of enforcement of the restaurants and breweries in Carlsbad that are operating outdoors with Covid-19 safety protocols in place. Forcing closure will not keep people from gathering to eat and drink -it will simply force them to gather in private, without safety protocols enforced. Marc Chilcote Vista CA 92081 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Dear city council, david rogers Tuesday, January 5, 2021 9:08 AM City Clerk david rogers city council meetingjan 5th 20121 My Name is David Rogers Resident Adams Ave. Carlsbad Resident. I beg the council to please start enforcing covid restrictions in carlsbad. I am afraid every time i go to the grocery Ssore, or on my walks around the village. People are walking around without masks. Restaurants are wide open and churches large ones like Mission on carlsbad village are filled to capacity. You have to know the times of services because the neighborhood gets filled with cars and people go to restaurants and shopping after service potentially spreading covid. Please start protecting us the residents of Carlsbad .. Protecting Businesses's and Developers over residents has got to end. Please I want to feel comfortable again in my own neighborhood. Thank you. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Erin Holliman Tuesday, January 5, 2021 9:13 AM City Clerk Save our village As a village resident for the past 10 years and a north county local I strongly feel support is needed for our restaurant community. Please do not spend extra dollars to hire security and enforcement staff while restaurants and their employees suffer. Losing a paycheck is something no one in Southern California can afford. Please give assistance rather than penalties. Thank you for your attention to this matter and representing the people that pay taxes and voted for these public officials. Sincerely, Erin Holliman Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Andrew DePaolo < Tuesday, January 5, 2021 9:17 AM City Clerk January 5th special meeting Since there is a significant lack of evidence that supports closing of gyms, restaurants and studios (hair, nails, Yoga, etc.) please allow them to continue to operate in safe COVID fashion (distancing, outdoor etc.) Removing the opportunity to operate without just cause is an infringement of rights of business owners and the public. Andrew DePaolo CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Jeffrey Orr Tuesday, January 5, 2021 9:17 AM City Clerk Comment for Today's Special City Council Mtg. Greetings Carlsbad City Council members, Thank you for your consideration in reading my comments below in regards to your special meeting this afternoon. It is appreciated. I am writing to share my family's disagreement with any consideration of Council Member Shumacher's request. In regard to the "Adoption of a resolution adopting an Emergency Order requiring all individuals, businesses, and organizations in Carlsbad to comply with the State and County Public Health Orders", there is no constitutional or scientific justification for this. The individuals, businesses and organizations who choose to defy the public health orders are not breaking any laws, and they have the constitutional right to choose not to comply. In· addition, state and county officials who have issued the current public health orders are doing so without scientific justification for these orders. Even State of CA health officials have claimed there is no data to support that Covid-19 is spread by eating at a restaurant, for example. The "stay at home" orders are actually in direct opposition to the science of how Covid-19 is spread. Scientific data shows that 80% of the time, Covid-19 is spread from one member of a household to another. Given this, the people of Carlsbad should be encouraged to be spending more time outside and in locations where healthy people are congregating and practicing social distancing. My family has frequented the shops and restaurants in Carlsbad that are in defiance of the state and county health order, and these business owners are encouraging social distancing and the wearing of a face covering in areas where social distancing may not be possible. These business owners are responsibly practicing their rights to serve the community members who choose to frequent their establishments. In regard to the "Adoption of a resolution issuing an Emergency Order mandating face coverings in certain high-traffic pedestrian areas of the City of Carlsbad", again, there is no scientific justification for this resolution. No data has proven that face coverings reduce the transmission of Covid-19, so any change from our current practices would not be justified. *Note: I have not attached any scientific data to support my claims in this email, as this data is publicly available and easy to locate. I am, however, happy to do so, if requested. I am very supportive of any notion that improves the health and welfare of our Carlsbad community. In my opinion, the majority of residents and businesses in the city of Carlsbad are being responsible in helping to reduce the spread of Covid-19. There is no need to further negatively impact the lives and/or livelihoods of our residents or businesses by adopting new resolutions or mandates. The requests of Council Member Shumacher will only bring negative consequences to our community. Thank you again for your consideration of my comments. Kindly, 1 Jeff Orr Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 2 Tammy Cloud-McMinn From: Sent: To: Subject: Cori, Aaron Della Vedova Tuesday, January 5, 2021 9:19 AM City Clerk They're not the problem I have several friends who own restaurants and when they are shut down, what do you think all those employees are doing???? Not social distancing. They are getting together in large groups because they have nothing better to do with their time because they have no job. With restaurants open, they are at least at work for 8 hours a day following strict PPE guidelines. This is a fact and can bet verified. For the record, I DO NOT support you or any other council members supporting the shutdown of our struggling local restaurants. It's a travesty what Gavin Newsom has done to the small businesses in this state. I'm proud of our local business owners for their peaceful protest of our governors ridiculous shutdown orders. You and every other council member supporting the shutdown of our local business should be ashamed of yourselves! How many similar emails have you received? Please listen to the people of this City! Lastly, it's easy to keep safe businesses closed down when you're still getting your full salary! Turn the tables for one moment and do the right thing. Restaurants are NOT spreading covid in a drastic or significant way. Aaron Della Vedova CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Sherrie Packard Monday, January 4, 2021 4:04 PM City Clerk . Administrative enforcement of public health orders To the Carlsbad Mayor and City Council All Receive -Agenda Item # _/_ For the Information of the: ITY COUNCIL Date J;JlJJ.CA ✓cc ~ CM~ACM ~DCM{3)~ I try my best to be a good citizen and work for the community good. I have done my best to comply with the orders and suggestions that have been made regarding Covid 19. I dutifully wear my mask in stores, etc, and carry several with me at all times. However, I do strongly oppose the rules and enforcement that have been proposed by Council Member Schumacher on several grounds. First, in my research I have seen no evidence to suggest that there is transmission of covid 19 in casual passing in outdoor settings, even at distances closer than 6 feet. The idea that masks are necessary when walking or running along the sidewalks near the beach is not supported by science or current data. Second, if there are people who have overly cautious views about mask-wearing in outdoor settings, those people have the option of wearing their masks or avoiding those areas. Third, the costs cited in the Staff Report for issuing citations and prosecuting them are significant. The report states that the funds will come from the Covid 19 budget, but as a concerned citizen I would rather see those funds spent on helping our businesses stay afloat, rather than issuing fines to shut them down, ar:id on helping our city's citizens to improve their quality of life during this difficult time rather than hiring outside businesses to seek out and prosecute them. Fourth, I am concerned about valuable City Staff and City Attoney's Office time spent in this area, when as stated in the report, there is already a backlog of important criminal cases. And in quoting the Staff Report: "City staff searched for but did not find any research or data on whether administrative enforcement is effective in achieving compliance with public health orders." Most importantly, I am concerned about Ms. Schumacher's overreach into the lives of Carlsbad residents. I am reminded of this quote by C. S. Lewis in God in the Dock: Essays on Theology and Ethics. "My contention is that good men [and women] (not bad men) consistently acting upon that position [imposing "the good"] would act as cruelly and unjustly as the greatest tyrants. They might in some respects act even worse. Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under of robber barons than under omnipotent moral busybodies. The robber barons cruelty may sometimes sleep, his cupidity may at some points be satiated; but those who torment us for their own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to heaven yet at the same time likely to make a Hell of earth. This very kindness stings with intolerable insult. To be "cured" against one's will and cured of states which we may not regard as disease is to be put on the level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals." Let's educate and encourage and promote good. Let's NOT spend valuable time and money making and enforcing rules that are unnecessary and overreaching. Sincerely, Sherrie Packard 1 Tammy Cloud-McMinn From: Sent: To: Subject: scott beith Monday, January 4, 2021 4:07 PM City Clerk January 5th Special Meeting Keep our Carlsbad businesses open. People need to make a living and survive in these trying times. Figure out a safe way to keep restaurants and businesses open. You were elected to take in important issues and support your people. Get creative and do it! CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ladies and Gentlemen, Elizabeth Monday, January 4, 2021 4:09 PM City Clerk Peaceful protest I am contacting you I relation to your scheduled special meeting tomorrow. My family and myself are 20 year residents of Carlsbad and support the peaceful protest our local restaurants/businesses are currently participating in. We have been informed that one or two council members for their own political reasons want to have the protests forced to end. This should be the choice of our residents, not a political agenda of couple council members. Those that wish to not participate in the protest can simply stay home. Those that support the protest as we do can show our support wearing masks and social distancing as suggested by medical professionals. Thank you for hearing our concerns. Please make sure the council knows how the residents feel prior to any vote or action. Thank you. Elizabeth Applegate CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Council members. Linda Hanson Monday, January 4, 2021 4:10 PM City Clerk; Council Internet Email directed to Special Council mtg. on 1/5/21 I am a 67 year old resident from district 1 and I am asking you NOT to enforce the restriction on outdoor dining in Carlsbad. I have been to several restaurants and am impressed and confident they are strictly following the protocols set out by the CDC. These small business owners need to survive and the science (which we have been told to follow) does not support that restaurants are the problem in the spread of COVID. Please do not scapegoat these businesses and take away their livelihood, further destroying our economy. Thank you, Linda Hanson Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Heidi Peters Monday, January 4, 2021 4:12 PM City Clerk January 5th special meeting Please please please let Carlsbad shops and restaurants open for business, and dining. Lockdowns and shutting down small businesses are not working and actually hurting so many families. A friend of mine committed suicide on Friday. So tragic. Depression is rampant. What is happening this past year is NOT working!!! We need our freedoms back. Keep businesses and restaurants open!!! The virus isn't going anywhere. Let us work through this. We have immune systems. Heidi Peters Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: T.j. Monday, January 4, 2021 4:12 PM Council Internet Email; City Clerk Cori Schumacher Restaurants in the Village and COVID 19. Please make this letter part of the public record for the 5 Jan 2021 Special City Council Meeting. Re: Restaurants in the Village Dear Mayor and City Council Members Many of Carlsbad's residents are calling for restaurants in the village to close down to prevent the spread of COVID 19 by individuals who patronize them. While other residents are calling for restaurants to protest and remain open in spite of the County's health directive to remain closed for indoor and outdoor dining. Why does this issue have to be so divisive and political when there are so many creative ways to address this dilemma? Ways to protect the public from catching the virus and ways to allow restaurateurs to cover expenses, maintain most or all of their staff, and not deplete their savings. There is a program run by Chef Jose Andreas' World Central Kitchen "which pays local restaurants to prepare fresh, comforting meals for their neighbors in need." Programs such as the Lee lnitic;1tive run by Chef Edward Lee of Louisville which turns restaurants into relief centers which hand out food and personal hygiene items to laid off service workers. The Million Gallons effort led by Chef Eric Korn of NYC which prepares soups, which are stored frozen in quart containers, and distributed for free to service and community workers. And Feed the Fridge by Restaurant owner Mark Bucher of Washington DC, which places refrigerators, full of free meals in community centers. These types of efforts can be augmented with programs to work with organizations such as the Carlsbad Village Association and the Chamber of Commerce to significantly increase takeout for restaurants in the village. The links for the charities mentioned are shown below. The City of Carlsbad has many talented citizens. They in partnership with restaurant owners and charitable and civic organizations could be quickly tapped, to formulate a plan unique to Carlsbad. One that would help save local restaurants, in such a manner that ensures resident's safety. A fast concerted effort needs to be employed to develop this plan . Not one that is lengthy and involved. Restaurants could be contracted on a consistent and steady basis, to prepare vegetarian, gluten free and meat-based protein meals, that could be easily and affordably prepared. These meals could be delivered to different distribution sites and various civic and charitable organizations could volunteer to take responsibility for distributing them. Citizens and organizations could commit to regularly purchasing take out. Embarking on both of these initiatives could create a continual stream of revenue for the village's restaurants and assist them in surviving the COVID 19 pandemic. Let's make this quickly happen by creatively working together to formulate a plan which ensures restaurant's viability and resident's safety. Thank you for having this meeting and for hearing and addressing resident's concerns about the pandemic. V/R T. J. Childs District 1 Resident 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ron Childs Monday, January 4, 2021 4:15 PM City Clerk City Council Special Meeting January 5, 2021 Dear Mayor Hall and City Council Members, I am writing regarding the January 5, 2021 City Council meeting regarding enforcement of the stay-at-home orders. I am a Carlsbad resident and live in Poinsettia Cove. I graduated from UC Irvine with a degree in Economics. Before making a decision on how to enforce the current stay-at home-orders, I ask you to consider those who are negatively impacted by these orders. These small businesses and employees are not selfish individuals who are out for the almighty dollar as many say on social media. They are people who are worried about providing basic needs like food, clothing and shelter for their families. My personal situation is not a severe, but I have been impacted. I turn 65 in a few months and had planned to retire in a few years, but my retirement came early when my contract was not renewed in May 2020 as a result of COVID. For me, it means I am retiring earlier than planned and will need to give up some of the things I had hoped to enjoy in retirement. The most important of those being "helping my son and his family". My son's situation is critical. Up until March 2020, he was a successful San Diego County Sales Manager for a local brewery, His wife was pregnant, and they were planning on buying their first home. Then on March 16, he and along with most employees were laid off until things got better. He.was hired back (without benefits and commissions) when his company got some small business stimulus dollars only to be laid off permanently in December because distributors are not buying beer in kegs due to the uncertainty caused by COVID. IN normal years, he would perform at local bars and restaurants to make ends meet. But in this environment, "Nope!!". He has also spent the last 2 years working on a non-profit project (Mobile Music Institute) aimed at low- income areas and teaching high school students how to record, promote and be successful in the music industry. That project was modified for COVID and a pilot program was kicked off this fall with a goal of using it to fund raise. But unfortunately, that program is now on hold as well. Did I mention his son was born in August and that his wife is a hair stylist? They are in financial ruins due to COVID with few prospects to turn things around. They desperately need for things to open up in order to start over again. I am sure their story is not unique. They and countless others will be deeply impacted by your decisions. 1 I also ask you to consider the specific things in the stay-at-home order and the data behind it. I think if you look at our current situation you will see that some things need a stricter focus than others. The data tells an interesting story. According to San Diego County, ICU capacity in San Diego increased from 18% to 19% yesterday. Hospital capacity is still at 76% and ventilator capacity has been steady at 34%. (I still don't understand how we were lumped in with other counties). Look at where most people are getting infected. According to San Diego County, 37% of the cases were traced to household infection. 35% were infected at workplaces. 9% of the cases were travel related. 4% of the cases were traced to bars and restaurants and only 1% was traced to hair salons or barbers. Digging deeper into the numbers, you realize that bars and restaurants includes indoor and outdoor settings. While it wasn't reported, I would guess that outdoor infections are far lower than indoor infections. Closing outdoor eating only promotes more household events which are currently traced to 37% of the infections. So why not allow outdoor dining, but be more restrictive with indoor dining? Why not overlook hair salons and barbers (1% of infections) who are practicing good social distancing protocol? Focus on our cities VRBO who continue to promote large gatherings. My next-door neighbor for example, rents his house out on VRBO and just last weekend, there were at least 3 families (if not more) celebrating NYE at the house. There were 3 cars parked in front with Michigan, Illinois and Florida license plates. No quarantine. No social distancing. Focus on education at the strip malls and places kids are gathering. I regularly see from 15-20 kids hanging out at the Poinsettia Shopping Center. Focus on those that are not practicing good social distancing protocol. Start with education. Be empathetic. These are just people trying to make a modest living. Please don't follow the example of Encinitas and punish those trying to get through this tragic pandemic. The city council recently passed an ordinance protecting hotel workers, please do the same for your residents. Please do the right thing for everyone including those impacted by the current business closings. Regards, Ron Childs 2 Tammy Cloud-McMinn From: Sent: To: Subject: Cindy Deming Monday, January 4, 2021 4:31 PM City Clerk Restaurants serving during shutdown It seems only the loud and angry minority are represented on local forums. My family are strongly opposed to reopening of restaurants before the outbreak is under control. Fine or take away the liquor licenses of those that are operating against orders. Thank you The Deming Family /c CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is . safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To Whom it may concern, > Ed Cicone Monday, January 4, 2021 4:52 PM City Clerk; Council Internet Email Carlsbad Small Business > I DO NOT support the enhanced enforcement for small businesses in our city. All jobs are essential and the Constitutionally protected peaceful protest against arbitrary and unconstitutional government shut down orders are not supported by any facts, evidence or science. I do support safely keeping our small businesses open, including outdoor dining. Please keep our coastal town open and not owned solely by large corporations. Ed Cicone Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Monday, January 4, 2021 5:06 PM City Clerk; Council Internet Email Jan 5th special meeting I am writing to respectfully voice my support for allowing Carlsbad restaurants to utilize outdoor dining. For many restaurants, this is a last-ditch effort to remain solvent. The science does not support the ban on outdoor dining and the impact of this pandemic has been made far worse by poor governance. Please stop the madness! Kevin Schlegel Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Carlsbad City Council, Kim Styve Monday, January 4, 2021 5:09 PM City Clerk Meeting on January 5th My husband and I STRONGLY object to any enforcement of restrictions to restaurants and businesses simply trying to survive. This has been 10 months of back and forth and it must end!!!!! People have a right to support their families. Leave them alone!!!! Sincerely, Kimberly and Gary Styve Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Dee Forsberg, Global Hire Monday, January 4, 2021 5:12 PM City Clerk Enforcement of Regulations Pertaining to Covid My name is Dee Forsberg and I am one of those individuals who has a Covid-19 target on my back. have terrible lungs, a bad heart, a history of asthma, blood clots and pneumonia. Over this past year, I have done everything I can to prevent myself or others from getting sick. I know our local businesses are hurting, but we have to look for viable solutions where we aren't spreading the virus at a time when hospitals are on the brink. I can tell you first-hand, a mask is better than a respirator. It frightens me when I go to Rite Aide and someone isn't wearing a mask, or you go into Ralph's and it is the same thing. Now, the manager at Ralph's has Covid-19. It breaks my heart, when I drive by the coastline and see people walking shoulder-to-shoulder with no mask. At some point, we have to do something to protect each other, because apparently, some think this is all a hoax. Sadly, I was talking to a young man and he believed the government has pre-decided who is going to live and who dies with this disease. If we don't do the right thing and start enforcing existing regulations, it will have a bigger impact on our city. More loss and more deaths. As it is, they started putting medical patients in the overflow tents in Escondido. What happens when there aren't enough healthcare workers to cover the needs? There were staffing shortages before the Virus. Do you think those individuals who decided they just had to eat inside vs. doing take-out will volunteer to have a tube stuck down their throat in order to breath? Maybe, if people had experienced the pain of the procedure, they would do their part and wear a mask and follow the guidelines. How many students entering the field will react negatively when they see how much death is in front of them. Not to mention the PTSD that different people will experience. Covid-19, has a long-term impact on individuals mentally and physically. The sooner we start enforcing the guidelines, the better off we will be as a whole. Carlsbad has always taken the lead when being innovative, thoughtful and a place of safety. Thank you for your service. A full-cycle e f>cutIve search firm 1ocusing on recruitmg ,md-/ev ' to e ec11tIve manag1;,; ment pt ofess,onals Dee@GlobalHire.org -(760) 214-7458 Licensed and Insured 1 Tammy Cloud-McMinn From: Sent: To: Subject: Jennifer Isaacs Monday, January 4, 2021 5:37 PM City Clerk Agenda Item #1 -01/05/2021 I'd like to submit my comment for the special meeting to consider additional enforcement resources due to the public health order. Prior to this most recent shutdown, I have patronized many small businesses including restaurants, salons, and shops. Each of these businesses have clearly spent time, effort and money ensuring their patrons are safe. In no way do I feel safer at a grocery store or big box store then I do at any of the other establishments that are smaller and local. In fact, the controls these small businesses have enacted to protect their customers seem to be more stringent than the larger companies. The facts support the notion that restaurants and other small businesses are not primary sources of outbreaks. Private gatherings are far and above the top culprit for infections. Our law enforcement personnel should not focus on fining small businesses but should spend their time continuing to protect people and property from actual criminals. I do not support this effort and ask that you consider spending our tax dollars in more meaningful ways than potentially harming small business. Thank you for your consideration Jennifer Hart Carlsbad Resident Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is . safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Athena Runner Monday, January 4, 2021 5:42 PM Council Internet Email; City Clerk; Scott Chadwick NO to Enhanced Enforcement of Public Health Order Dear Mayor, Councilmembers, and City Manager, I stand with the businesses of Carlsbad that are protesting the ridiculous health orders that will shutter their businesses, perhaps even permanently, based on zero scientific evidence. Outdoor dining is not the cause of this recent uptick in COVID-19 spread; gathering at home is. Businesses like Costco, Ralph's. Vons, etc can stay open with impunity, but Oak+ Elixir, Crackheads, Vigilucci's, Cicciotti's, etc must close their OUTDOOR dining. It makes no sense. People will do what makes sense, but when elected officials claim things are "science-based" that are not -you lose the people. This is what's happening. We always should have been quarantining the people most at risk for COVID-19 and letting the rest of go about our business with safety precautions in place. Lockdowns don't work. Clearly. If this city council approves enhanced enforcement of the health orders, the ramifications for the city and this city council will last a long time. We won't forget who played politics with the pandemic. We won't forget who wanted to punish local business owners just trying to stay afloat. We won't forget the city councilmember(s) trying to burnish their Democratic bona tides for the power brokers of their party, while they use Carlsbad as merely a stepping stone in their run for higher office. We see you. We see exactly what you are doing and we will not forget. Athena Runner 92011 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Sher Monday, January 4, 2021 5:44 PM City Clerk In favor of enforcement of health protections I am a Carlsbad resident. My opinion is that the health restrictions should be enforced with no exceptions. The outdoor dining would be fine IF people actually followed rules and kept their masks on when not eating. I do not walk downtown when outdoor dining is permitted because people use it as an excuse to socialize while massless. Yes, individuals have rights and that extends to us all. I should not have to stay in my home while others walk around or dine maskless. Keep outdoor dining closed please until we are within the parameters outlined by our government. Thank you, Sher Altenhoff CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: zooloo2222 Monday, January 4, 2021 5:57 PM City Clerk Agenda #1 Our community small business's and restaurants are suffering and most will not make it another week with these closures. Please consider reopening them with high safety requirements of wearing masks while not seated at restaurants and masks at all times when entering any other businesses. It should be emphasized that alone with preexisting conditions or elderly should stay home. If someone wants to compromise themselves then they should be allowed to do so without being told they can't. Make it a great day! Kristineh Hiett Sent from my Verizon, Samsung Galaxy smartphone CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Teresa Rinehart Monday, January 4, 2021 6:03 PM City Clerk January 5 special meeting I would like to express my utmost concern for the livelihood of so many small businesses in our city of Carlsbad that are struggling and that may have to close for good with the latest orders. I do not understand how it's at all fair that places like Target, Wal mart, the malls, outlets, are all able to stay open and I have witnessed them with very very high volumes of people shopping. Please allow small businesses & restaurants to remain open safely as they had been. Sincerely, A Carlsbad resident and homeowner since 2015; Teresa Rinehart, MSW Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Jeff Hart Monday, January 4, 2021 6:04 PM City Clerk Meeting Agenda Item #l-1-5-2021 Meeting I am writing to voice my opinion on the enforcement of the lockdown of dining, hair salons etc. It has been proven that restaurants and salons are two of the smaller risks for the transmission of Covid-19 {1.43% and 0.14% respectively), where household and social gatherings are 73.84%. I feel much safer in these environments than in a grocery store or home retail store. It's time the responsibility be put on the citizens to be safe and NOT government telling us what we can and can't do. This is unconstitutional and I will not stand for it any longer: I wear a mask, practice social distancing, and have impeccable hygiene when it comes to Covid-19. We as taxpayers pay your salaries. Why can't we withhold your rights? Your wages? We do not vote you in to run our lives. I will continue to support businesses that have remained open against the lockdown rules. These people have families to feed, and provide a service to thousands of residence. Put the responsibility in our hands. let us lead our lives Regards, Jeff Hart Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To the Carlsbad City Council, Donna Gerhauser Monday, January 4, 2021 6:12 PM City Clerk Enforcing closure laws I am a new resident of this state and Carlsbad. I believe that the closure orders should be enforced across the board and that fines should be levied for non compliance. Opening a business against orders is not a peaceful protest. Anyone who feels that the orders are unjust is free to petition the state government. Businesses can press state and local government for more aid. Frankly, I'm appalled that there hasn't been more financial assistance for small businesses and more unemployment for individuals. Please enforce the health safety orders to keep us all safer and end this pandemic sooner. Donna Gerhauser CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Monday, January 4, 2021 6:30 PM City Clerk Subject: Fwd: January 5 Special Meeting I am resending this because my comments are not part of the record for this January 5th special meeting please add my comments to the record . Sent from my iPad Begin forwarded message: From: Jenena Blackburn Date: January 3, 2021 at 10:45:12 AM PST To: clerk@carlsbadca.gov Subject: January 5 Special Meeting Sent from my iPhone Begin forwarded message: From: Date: January 3, 2021 at 8:49:30 AM PST To: Jenena Blackburn Subject: Fwd: Supporting Local Restaurants, Salons and Gyms No Closure Enforcement Sent from my iPad Begin forwarded message : From: Date: January 3, 2021 at 8:49:02 AM PST To: cori.schumacher@carlsbadca.gov Cc: priya .bhat-patel@ca rlsbadca .gov Subject: Supporting Local Restaurants, Salons and Gyms No Closure Enforcement My husband and I do not support enforcement of closing our local Carlsbad businesses. Please refer to the constitution that is the foundation of this great country. You do not have the constitutional right to stop small businesses from operating. The businesses complied with the COVID related safety measures. As a supporter of small businesses it is my right to support them by enjoying their lively hood safely. It is very frustrating that you feel you have the right to this power to shut down small businesses that will eventually be a 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello Carlsbad Clerk, Kat Orme Monday, January 4, 2021 6:34 PM City Clerk Restaurant dining Please allow restaurants in our beloved Carlsbad to remain open to serve outdoor dining. These businesses cannot survive without seated diners. I would love to see indoor dining allowed as well as outdoor tables. But I will be deeply saddened if the city takes further measure to prohibit businesses who want to serve paying customers. The COVID 19 contagion rates are not increasing because of outdoor dining. To me this is more than the contagion rate; it's about letting people have the freedom to think and choose for themselves the level of risk they're willing to accept for themselves. If you want to stay home, you can. If you want to order takeout, you can. If you want to sit down and eat a meal at a restaurant, this should be permitted. The problem with limiting restaurants to takeout only is that you essentially revoke the choice of the business to stay open; they cannot sustain their businesses. Please, please, please allow Carlsbad restaurants to have outdoor dining. Thank you, Kat Orme CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To the Clerk and Council: Bill Deering Monday, January 4, 2021 6:46 PM City Clerk; Council Internet Email Support for Local Restaurants These are difficult times, and I appreciate the dilemmas you face in making decisions about how to proceed in the best interests of Carlsbad citizens. That said, I must express my support for continued outdoor service at our restaurants. My wife and I have continued to patronize those that remain open (as well as to order take-out from others), as we have found them to follow carefully those protocols that keep us safe. All employees that we have observed have worn masks at all times and have carefully sanitized tables, chairs, and anything else that may have been touched. I actually feel more protected than I do when I walk the upper boardwalk or into the Village, where I consistently encounter people who do not wear masks or maintain social distance. I am concerned that our restaurants will not survive on a take-out basis only. I also have not heard of any Covid outbreak being traced to a Carlsbad restaurant. Certainly if this has been the case, it would help citizens better understand a need for restaurant closure. The rules for closures seem to be at odds with views expressed by county officials and are somewhat of a moving target. Is there a compromise somewhere to allow continued outdoor dining? Sincerely, Bill Deering Sent from my Verizon, Samsung Galaxy smartphone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ronald Byrd Monday, January 4, 2021 6:52 PM City Clerk Massive Cry For Action There comes a time for the citizens of this great country to take a stand for what is right and to strike down those who want to enslave the commonwealth. This is the moment to rise to the occasion. _ Please put an end to the unconstitutional acts that are causing suffering to the good people of North Country San Diego and to the business owner's in Carlsbad. Be bold and lift all restrictions on indoor dining. I am a San Marcos, CA resident. I am sending this message on behalf of the many establishments I frequent in the City of Carlsbad. Sincerely, Ron Byrd Get Outlook for iOS CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Importance: Richard Forber Monday, January 4, 2021 6:55 PM City Clerk; Cori Schumacher; Priya Bhat-Patel; Keith Blackburn; Teresa Acosta; Matthew Hall Carlsbad City Council -Review of Lockdown and Mask ordinances -Special Meeting Tue Jan 5, 2021 High As a 21 year Carlsbad homeowner and resident, and as a PhD Scientist highly skilled in reviewing data and judging scientific basis, I wish to object in the strongest terms possible to continuing lockdowns and mask mandates that exceed California Law and violate Constitutional privileges citizens and business should have available under the equal protection of law afforded without exception. As I review the proposed increased mandates on masks that eliminate the provided exclusions detailed by the California Department of Public Health (see below), I am appalled that the primary basis is evidently for the convenience of officers to not have to discern who is exempted according to well-defined guidelines. Simply ridiculous. What about public freedom and rights? Furthermore, the lockdown enhanced enforcements in closing local businesses that operate within the same safety guidelines as grocery stores, pharmacies, big-box outlets, etc, is punitive far beyond reason. There simply is NO scientific rationale to support differentiating one business from another when all are operating with the same safety measures. Closing all outdoor dining is furthermore killing off business and taking away freedoms to survive after major investments were made to accommodate safety measures and "play-by-the-rules." On what basis? There is no data to support this level of shutdown. Outdoor dining MUST NOT be put into the same category as inside dining wherein ventilation may not be sufficient. In t he extremely rare situations where a covid-positive person might be in an outdoor environment, any virion particle emissions are immediately dispersed in open air and are not a threat beyond the prescribed 2 meter separation requirement. Infectious dose levels are unmeasurable to the extent detailed controlled experiments are simply not even done. Absolutely no data supports open air transmission in outdoor fresh air settings. Covid-19 infected people in San Diego North County, and in Carlsbad, are rare . In the entire time since Covid-19 inception a total of about 2 % of the population have been diagnosed positive. Any arguments to inflate that number have to also consider that the immune population is also then also growing. And there is about 1 new case for every 3000 residents. With these levels, it is highly doubtful anyone ever even encounters a covid-positive person on a daily basis. Let's get SCIENCE back to front and center. Stop with the irrational plans to expand mandates and curtail more freedoms, and let's get our city open within the same guidelines defined under California law for "essential businesses" applied to ALL businesses on a level basis. Sincerely, Dr. Richard A Forber President RAFOR Technologies 1 Directly verifiable evidence of Covid-19 transmission traced to OUTDOOR open-air dining is nonexistent. I find NONE. It is encumbant on public officials who CITE "following the science" as their rationale, to provide this scientific evidence for public scrutiny. https://ncceh. ca/docu ments/field-i nq u iry/outdoor-wi nter-din i ng -d u ring-covid-1 9-pandem ic Rapid review of academic and grey literature A rapid literature review was conducted to ascertain whether outdoor patio dining, specifically, has been implicated in COVID-19 transmission, and any literature regarding temporary enclosures and ventilation. EBSCOhost, Web of Science, and Google Scholar were used to search for articles using the following keywords: tents, enclosures, patios, restaurants, outbreak, COVID-19, transmission, ventilation, aerosol, airborne, and carbon monoxide. Very little information was available to speak directly to the risk of COVID-19 or other indoor air hazards in temporary shelters, enclosures, or tents. Although some regions have been forced to create field hospitals for the COVID-19 crisis,5 these structures typically have dedicated HVAC systems and are not equivalent to restaurant patios. A grey literature search using Google and key words directed at outdoor winter dining returned a number of guidance documents from various jurisdictions in North America. Is outdoor dining associated with a known risk of COVID-19 transmission? When dining is moved outdoors (with no enclosure), the risk of short-range aerosol transmission between parties is effectively nullified by natural dilution ventilation. During the warm season, some jurisdictions required completely open environments to maximize this effect, excluding even the use of awnings or roofs. However, being outdoors does not nullify the risk of close-contact transmission within parties due to the interchange of respiratory particles (both droplets and aerosols) while people are seated and speaking together for an extended period. The limited research to date suggests that COVID-19 transmission is less likely in outdoor environments, but may still occur and is likely associated with crowding. Nishiura et al.13 found that close contacts that occurred in an indoor environment were almost 19-fold more likely to result in transmission than close contacts that occurred outdoors. The study analyzed a number of clusters that occurred in February 2020, prior to public health measures being instituted in Japan, and one of the clusters examined was an outdoor festival during which _people gathered in food service tents, among other locations. Weed and Foad14 conducted a systematic review of Nishiura et al. and a number of other studies looking at outdoor transmission and concluded that the risk of outdoor transmission is generally low, although this may not hold true for large crowds that spend time "milling around" together. In the US, a recent study found that COVID-19 cases were more likely to report having visited a restaurant, bar, or coffee shop within the previous two weeks, but the study did not distinguish between indoor vs. patio or outdoor seating.15 Thus, it appears that although being outdoors may greatly reduce the risk of COVID-19 transmission, this may not be strictly true for restaurant patios where people are stationary together, particularly if operators crowd more patrons into the outdoor space, or if the patio has been partially or fully enclosed. https ://www. foxb u sin ess. com/I ifestyle/los-a nge les-de partm ent-of-p u bl ic-hea Ith-ad m its-no-science-to-back-u p-I ink- betwee n-outdoor -din i ng-and-covid-spike FOOD AND DRINKS • Published November 24 Los Angeles Dept of Public Health admits no science link between outdoor dining, COVID-19 spike The department cited a CDC study which found that patients in 11 outpatient healthcare facilities in 1 O states were twice as likely to have dined out, though it does not discern between indoor and outdoor dining. The Los Angeles Co unty Department of Public Health admitted during a Board of Supervisor's meeting Tuesday that there is no hard scientific evidence linking the recent COVID-19 surge to back up their move to shut down outdoor dining. 4 Judge orders L.A. County to provide evidence on outdoor dining ban lawsuit ® TAMM Y MURGA ii DECEMBER 3, 2020 0 2:1 1 PM https: / /sig na lscv. com/2 02 0/ 12/j udg e-ord e rs-I-a-cou nty-to-p rov id e-evidence-o n-outdoor-d in i ng-ba n-laws u iU Chalfant said in the ruling the restaurant group "submitted sufficient evidence showing the irreparable harm that would be suffered by the Restaurant Closure Order" and that "there is no data or scientific evidence showing that outdoor dining poses a significant risk for COVID-19 transmission" based on declarations made by the group. California judge says L.A. officials ·arbitrarily' set outdoor dining ban By KATY MURPHY and VICTORIA COLLIVER I 12/08/2020 08:00 PM EST I Updated 12/09/2020 12:37 AM EST https: / /www. politico. com/states/ ca I iforn ia/story/2 02 0/ 12/08/ ca I iforn ia-j udg e-says-I a-officia ls-arbitrari ly-set-o utd oor-d in in g- ban-9424881 "By failing to weigh the benefits of an outdoor dining restriction against its costs, the County acted arbitrarily and its decision lacks a rational relationship to a legitimate end," wrote Los Angeles Superior Comt Judge James C. Chalfant in a tentative ruling issued Tuesday to a legal challenge from the California Restaurant Association. CORONAVIRUS Has Restaurants' Role in Spreading COVID- 19 Been Exaggerated? Th e evidence is limited and mixed, but data from New York, Minnesota, and California suggest that restaurants there account for a small share of infections. JACOB SULLUM I 12.21.2020 3:50 PM https://reason. com/2020/ 12/21 /has-restau rants-role-in-spreadi ng-covid-19-been-exaggerated/ 5 Tammy Cloud-McMinn From: Sent: To: Subject: Sandra Cole Monday, January 4, 2021 6:55 PM City Clerk Stop the political lies and help Small Businesses Thank you for the opportunity to voice my concerns about another political nut trying to make us criminals for trying to survive by working. Ms. Schumacher and Bhat-Patel what is the matter with you two? We are all trying to be extremely responsible and conduct our business with integrity and responsibility under the COVID-19 guidelines. I am battling cancer and if I don't work I can't pay my medical insurance let alone my chemotherapy. I am working out of necessity and not for any other reason. I have 2 single Moms and 2 divorced Women who can't pay their bills with the amount of money they get for unemployment. Trust me we have all tried but $450.00 doesn't come close to covering rent, bills, and food. We NEED TO WORK and we do it with responsibility considering the situation. I have been working with my Oncologist's approval to stay safe and sanitary. I pride myself in making su re that we clean and disinfect everything and wear masks properly. Stop the nonsense that we are part of the problem and help us out by being a responsible politician. We have seen nothing but arrogant and selfishness come from our leaders and we have had enough. I couldn't qualify for a small business loan because the money goes out to big businesses with big pockets. I work because I have to not for the fun of it. If you both would gladly pay our bills and my health insurance I will gladly stay home. I am disgusted by the way you blatantly think we are trying to go against you? We are not doing anything but trying to survive and for that you want to put another small business out. Shame on you for thinking you are God. I am high risk and have lost family members from COVID-19. I don't take this lightly at all, but what are you offering for us? How can we get loans when we don't know how long the government will keep us shut down this time? How do we pay back something when we have nothing left to pay with? How do you sleep at night knowing that we are doing everything right to protect ourselves and our customers? Have you been hungry enough to do whatever you have to do to survive? I have been. hungry and without a home and I worked hard to get where I am. I can't understand how I can go to any store that isn't following your guidelines and it's safer than our small businesses? Yes there are some small businesses that don't follow the rules, but I can assure you that I do. I have been on chemotherapy for 6 months and because of my cancer I have diabetes. I am not going to stop living life because you are paranoid about Covid-19. None of us know how much time we have left to live, but you want us all to live dead. I will not stop working because you are scared. Ladies you have got to much time and power but you aren't using it to help anyone. We are not criminals for trying to survive and we are not rich enough to stay at home. Please choose wisely before you decide to put more good people out of business. I will personally be part of the recall to get rid of the swamp that keeps us from being able to survive. We need help not your fear. Thank you for the opportunity to express my concerns, Sandra Cole Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Samantha Ramirez Monday, January 4, 2021 7:24 PM City Clerk January 5th Special meeting Regarding Administratvie enforcement of public health orders Dear City of Carlsbad, This email is to address the special meeting scheduled for January 5th regarding administrative enforcement of public health orders in Carlsbad. I do not believe restaurants, salons, and gyms etc should be forced to close during the current tier our city has been elevated to. I believe these establishments have shown they can reopen and respect the guidelines to keep their communities safe. Shutting them down completely with no clear timeline of when they can reopen is not only unfair but shows a complete disregard for a certain demographic of our community. I believe everyone has a right to work and operate their business and especially because many of these businesses do not have the backing of corporate dollars and influence that is even more reason why our city needs to offer solutions to protect them rather than bullying tactics. I believe during this difficult time all people of Carlsbad need to be supported and respected not just a chosen few. Thank you, Samantha Ramirez Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Allan Wanamaker Monday, January 4, 2021 7:35 PM City Clerk January 5th meeting comments I urge our Council to seek ways to help our residents and businesses, not penalize them. Employees need to be paid and businesses need to be open. Allan J Wanamaker Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Anne Linde Monday, January 4, 2021 7:38 PM City Clerk January 5th special meeting Please please please do not shut down the small businesses of Carlsbad. You will be causing irreparable damage to individual citizens, families, and the city of Carlsbad as a whole. Those of you who do vote for shut down will surely be voted out. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: A A. Monday, January 4, 2021 7:41 PM City Clerk Jan Sth,2021 meeting I DO NOT support shutting down the restaurants. Please, as a person who works in the industry-I cannot afford to lose another job. The changes that have occurred in the past year have been hard enough. I vote to keep outdoor dining open. Thank you. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Jeff Ross Monday, January 4, 2021 8:02 PM City Clerk; Cori Schumacher; jan.neff@ymail.com Re: Please increase enforcement of the Covid-19 Public Health Rules WE NEED ACTION TODAY! Don't shirk your responsibility. The virus will never go away as long as people who are sick but without visible symptoms are out there spreading the disease. People will continue to suffer and die! Please take actions to protect the citizens for whom it is your responsibility as an elected official. Enforce the county and state rules that are scientifically proven to stop the spread of the virus, and stop further sickness and deaths of the citizens of Carlsbad. The businesses in Carlsbad that have been and will be affected by these orders can apply for federal money to help during these difficult times. Businesses in Carlsbad have already received PPLs. There is more federal money coming and the city of Carlsbad has also set aside $5 million dollars to help local businesses. Volunteer CERT ambassadors have been sent to almost every business in the city with boxes of masks and flyers containing information about this financial support. Saving lives matters more than financial security at this point. We all have to sacrifice for the greater good or the virus will be with us always. And then, no one will have any security. Don't let virus deniers and anti-vaxers harm the rest of the law abiding citizens! Do your job! Since our neighboring communities are instituting these practices, the Covidiot anti maskers will flood Carlsbad. What will you do when the number of positive cases and deaths increase as a result of your actions or failure to act? Protect the citizens and voters of Carlsbad. Increase the enforcement of the Covid-19 Health Restrictions! Sincerely, Jeffrey Ross Carlsbad,CA 92008 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Erin Thomas Monday, January 4, 2021 8:14 PM City Clerk; Council Internet Email To be read at the Special City Council Meeting January 5, 2021 I am writing in opposition of council member Cori Schumacher's proposal for increased enforcement of the county public health order in regards to outdoor dining and mask enforcement. The proposal calls for Covid-19 funds to hire private code enforcement and security. What a wasteful use of funds which were meant to help and aid our community not hurt it. Carlsbad has already seen many small businesses close in the village. If Cori has her way, the village as we know it will be gone forever. Data and science have shown that outdoor dining is not the cause of Covid outbreaks. These restaurants can safely remain open and in business. I stand with our local small businesses and do not support this proposal. Thank you, Carlsbad homeowner and 11 year resident- Erin Thomas CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hi, Nathan Pilgrim Monday, January 4, 2021 8:19 PM City Clerk January 5th Special Meeting. My name is Nathan Pilgrim. I work at The Compass in Carlsbad Village, and my job is essential for me to be able to buy food and put a roof over my head. Without this job, I would not be able to do both on unemployment. The benefits that the state would award me do not add up to the cost of living. My job is essential for others like me who live in a small studio without a kitchen. I can not cook much where I live, and rely on restaurants to have a warm meal. I understand that the COVID 19 virus is real and a problem, but I can personally say that The Compass is dedicated to opening safely each day. I learned that I had been possibly exposed to COVID and was immediately removed from work and the schedule for a minimum of two weeks. Regardless of a negative test, I was kept out of work to insure I had waited through the incubation period. All this being said, I would ask that instead of closing down business, please allow our small businesses to remain open and educate our business owners on safe practices. I'm sure they are all aware at this point on what is expected to remain safe and sanitary, but through sanitation and education, we can all have a win win. Thank you for your time in reading my letter. Sincerely, Nathan Pilgrim. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: hello! Patricia Brown-Goldojarb Monday, January 4, 2021 8:41 PM City Clerk Enforcement of Restaurant Outside dining Restrictions As long-time Carlsbad residents, we request that the City Council NOT vote to enforce the ban on outside dining for Carlsbad restaurants. These establishments are fully compliant with CDC guidelines and have been unfairly singled out for closure, while "big box" stores are allowed to continue operations. Patio dining should be available for any willing customer .... if you don't feel safe going to a Carlsbad restaurant, then simply don't go. but allow the rest of us to exercise our freedom of choice. Thank you. Patty and Brian Goldojarb CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: City Council, Julie Forester Monday, January 4, 2021 9:05 PM City Clerk Restrictions Please keep our business open! We need you to help our local business, fight for them . So many restaurants, shops and family owned businesses will not survive unless you step up and help fight for them. I never ever imagined that a town would want to close businesses. This beautiful community of small business, restaurants and families supporting each other is what makes Carlsbad so wonderful. Please step up to help rather than destroy. Kind regards, Julie Forester Carlsbad, Ca Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To Whom It May Concern, Jennifer Douglass Monday, January 4, 2021 9:13 PM City Clerk Keep Restaurants Open!!! Please allow restaurants to offer in person dining. We have continued to dine in person as a family throughout the Covid pandemic in effort to support restaurants. Everywhere that we have been, restaurants have been closely following new and updated protocols to keep themselves and their patrons safe. They have invested so much time, money, and resources to stay open safely and allow people to eat at their establishments and they should be supported in their consdentious efforts, not punished. Please hear our voices and support restaurant owners-KEEP RESTAURANTS OPEN FOR IN PERSON DINING!! Sincerely, Jenni Douglass Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Good evening, Angela Jacobsen Monday, January 4, 2021 9:15 PM City Clerk Council Meeting 1.5.21 I'm emailing you in regards to the meeting tomorrow, 1.5.21 and my thoughts on the subject at hand. I'm the manager at one of the restaurants "defying" the county order. I did have reservations about reopening. I have my in laws, daughter and others to think about. I don't want to be the reason why anyone gets COVID-19. At the end of the day our need to keep our bills paid outweighed any doubts I had about returning to work. We tried carry out service, didn't even sell enough to cover the cost of labor. This isn't sustainable for a lot small businesses in the area. There are also many people relying on us for a paycheck so they can keep a roof over their head. We're not being selfish and certainly not trying to be disrespectful of others, but we have to work. There has to be a way to account for restaurants being responsible during this pandemic. If we're sanitizing, deep cleaning, wearing masks, washing our hands and overall keeping our guests safe why can't we continue? If there are restaurants who are not following the guidelines they should be held responsible by citation or shutdown. · Again, we're not being selfish, stubborn or any other word some would like to use. We're just doing our best to keep our bills paid and make people happy! Kind Regards, Angie Jacobsen Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Brittany Painter Monday, January 4, 2021 9:20 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS Dear Mayor Hall and council members, As someone who has lived here in Carlsbad all 33 years of her life (and over 50 years for my parents), it is terrible to see what is happening to restaurants, bars, etc as a result of these measures. I do not support the enforcement of closing outdoor dining. If we "follow the science" then these places are less then 2% of cases in ALL of San Diego. 40% is air travel and shopping in large retail stores like Costco etc. and 60% is from large family gatherings inside people's homes. Restaurants, gyms, hair salons etc have gone above and beyond to make sure they are cleaning and making things safe if we follow the science. Allowing for places to remain open helps the livelihoods and mental health of thousands of Carlsbad residents. We also will lose the charm of Carlsbad and it will be a huge uphill battle to recover from the closures. Restaurants have complied with so many restrictions and have made outdoor beautiful and safe. If people don't feel comfortable eating outdoors, that's fine and their choice. However, just like that's their right to not go or just get takeout, others who want to eat out and support business that way should be able to! Similarly, Putting the onus on CPD to enforce non- laws is a waste of their time and our tax dollars. They already have enough on their plates. Please consider not shutting down. Also most people who have just moved here and complaining about needing the re st rictions moved from places with even tougher restrictions that weren't working and causing chaos, and came here because of the charm and safety of Carlsbad. Truly follow the science and make your decision that way if need be. You will see it isn't in closing outdoor dining. Thank you for your time. Concerned citizen, Brittany Painter Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Matt Taylor Monday, January 4, 2021 9:36 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS As a resident of Carlsbad for the last six years I wanted to make sure that I voiced my opinion regarding the "ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS" resolution being proposed by Council Member Schumacher. I strongly disagree with this resolution that is being proposed, I think that it would be a terrible use of our city funding, and it would be a huge overstep of our local governments authority. I do not support this proposed resolution and I think that we should allow our local businesses to continue to stay open and operate safely as they have been doing. Please do no permanently destroy our local businesses and hurt our local economy by passing this extremely unnecessary and misguided resolution. Thank you, Matt Taylor CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: EJ SHIRING Monday, January 4, 2021 9:36 PM City Clerk Fwd: ridiculous idea to use covid funds to pay for enforcers to fine businesses I just saw that you are considering the asinine idea to use granted covid funds that are meant to HELP struggling businesses, to create another government boondoggle to PUNISH and FINE the very businesses the funds were meant to assist!!! How can you with a straight face fine small mom and pop businesses that are what MAKE THE VILLAGE THE VILLAGE and not see the absurdity that you can cram as many people as want to go into the trashy SMART AND FINAL just down the block!!! You CANNOT do this!!! California's own Dr. Ghaly has admitted that there is no science indicating that outdoor dining helps spread the virus and that they were only doing closing dining to force people to stay home! But people ARENT and WONT stay home ... they are going to walmart, and home depot, and VONS, and Carls JR. ... you are going to destroy lives with this! People can see through the ridiculousness of these draconian measures which by the way, ARENT WORKING!!! PLEASE use some common sense and stop blindly following the gang in Sacramento! Do your jobs!! If people don't feel safe going out, they can stay home and wear their mask. If you continue down this road, and the day DOES ever come that Sacramento decides to take its boot off the necks of its citizens, there wont be any businesses left to go to on the day the gang up north decrees it is safe to go outside again!!! Thank you for your time. EJ SHIRING CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Carlsbad officials, Kelly Taylor Monday, January 4, 2021 9:37 PM City Clerk; Cori Schumacher 1/5 agenda: Administrative enforcement of Public Health We have enjoyed being residents of Carlsbad for the last 5 years. We enjoy the many restaurants, shops and services. In almost all areas we shop local to keep out local economy going. Every store owner, restaurant owner and service provider is doing their best to keep their clients safe. They have suffered so much during shut-downs. We are strongly opposed to further measures being taken against these hard working companies that are just trying to survive this pandemic. It is an egregious overstep in our government to issue citations for businesses operating in a safe manner. We support Carlsbad where companies can function and serve the community with precautions and still remain open. We believe in safety and that business owners and patrons are wise and can make decisions that best serve our community. Do not spend funding on further enforcement that is detrimental to the livelihood ofthose in our community. People need to work to pay their bills, feed their families, and participate in our community. Thank you, Kelly Taylor Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern~ Alissa Macias Monday, January 4, 2021 9:45 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS My name is Alissa Macias and I work in healthcare in North County. Additionally, my husband owns a brewery in Carlsbad and is a very responsible business owner who has also given back to the community when he was able. I am writing in regards to your special meeting scheduled for Tuesday, January 5th, 2021 pertaining to the topic of increased enforcement for the public health orders. I am asking the City Council to consider all the repercussions of the enforcement of the public health orders including the cost, public perception of governance, and potential loss of many businesses which would devastate the economy and the workforce. As the mandates have become increasingly restrictive, the general public has fought back against them to the extreme of ignoring face coverings and not following social distancing guidelines. I am in healthcare so of course I believe in the science of wearing a mask and keeping a distance (those practices have kept me healthy for all these months). I feel that an adequate compromise can be met in which businesses can operate with safe practices. It seems like the state of California is creating all kinds of rules without a plan as to how the public, including small businesses, are to survive them. It is a stretch for a business to have a 6 month reserve in case of an unknown; we are now at over 9 months of reduced or eliminated business without an end in sight. My husband currently rents his property so that he can brew and sell beer in his tasting room and throughout the County of San Diego. It sounds very simplified but should he no longer pay rent since his right to do those things has been revoked and he has no use for the property? I get my COVID-19 vaccine tomorrow. I am hoping that things will start to go in the right direction as the vaccine is rolled out according to the plans. But, how can you expect businesses to just close up and hope for the pandemic to resolve before their finances are exhausted? Thank you for your consideration. I look forward to "attending" the meeting tomorrow. Respectfully but concerned, Alissa M. Macias, MSN, APRN, FNP-BC 1 Tammy Cloud-McMinn From: Sent: To: Subject: Meeting Date: January 5th, 2021 Scott Runner Monday, January 4, 2021 9:53 PM City Clerk Written Comments for January 5th Council Special Meeting -Administrative Enforcement of Public Health Orders Subject: Administrative Enforcement of Public Health Orders Dear Mayor, Councilmembers, and City Manager, Regarding the proposal to increase enforcement against business owners and citizens, one has to question why Councilmembers would advocate imposing greater hardships on the very business owners and workers in their own city. Hardships that will result in business failures, unemployment, downstream financial suffering and the corresponding mental and physical stress that ensues. Workers and owners and their families represent thousands of our fellow citizens that we have a responsibility to protect economically as much as physically. These businesses have been very responsible in protecting their workers and the public. Restaurants invested thousands to move their dining settings to outdoor venues as instructed by the County. Yet the guidelines changed again. How are businesses and citizens to trust our government when it is so often wrong and inconsistent? And the progenitor of this measure, Councilmember Schumacher, has been wrong before. In the spring, she lobbied to close Carlsbad City beaches, though since, beach transmission has been disproven. Likewise, patron transmission in outdoor dining settings has been proven to be virtually non-existent. Should the Council decide to increase enforcement of these fluctuating orders, I would encourage my fellow citizens to exercise their first amendment right to peaceful protest by assembling in Carlsbad Village, raising our voices in protest of the Council's decision. Thank you for your consideration, Jeffrey Scott Runner 92011 • Virus-free. www.avast.com CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Jen A Monday, January 4, 2021 9:55 PM City Clerk Cori Schumacher; Priya Bhat-Patel Special Meeting 1/5 Dear Council Members, Thank you for calling this special meeting and subsequent vote to address our health and safety in Carlsbad. As a Carlsbad resident and member of a high risk family, I am devastated to see that local businesses are choosing to put their profits above the well-being of our community. Our ICU's are at record low capacity and our hospitals are busier than ever before. Our healthcare workers are pleading with us to stay home and yet people are not taking these pleas seriously. Many businesses have adapted and are offering take out, curbside, and/or delivery and are able to hang in there. Nobody is doing great, but we need to be able to pivot and push through the best we can. The businesses that choose to make a political statement that jeopardizes the health of others is unacceptable. If any one of us needed to go to the hospital for any type of emergency at this point, we would receive subpar care because our healthcare workers are burnt out and spread thin and our facilities are overflowing. We do not need to add any more risk in this situation. I am incredibly disappointed that the city of Carlsbad allows these businesses to continue to operate in defiance of state and local orders without enforcement. Please put our health and safety first and vote to enforce public health orders. The sooner these orders are enforced, the sooner our numbers will go down and we can all get back to work. Regards, Jen Abbott CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Attn City Clerk: Drew Rivera Monday, January 4, 2021 10:11 PM City Clerk Cori Schumacher; Priya Bhat-Patel; Keith Blackburn; Teresa Acosta; Matthew Hall Comments for Special Meeting I Jan 5th Please add these comments to the official record @City Council: I encourage you to read these comments before the special meeting on January 5th. City Council, My wife and I are Carlsbad residents and we strongly OPPOSE any enforcement or fines against businesses who are exercising their constitutional right to stay open during these trying times. Please review my supportive comments below: 1. The federal, state & local governments have absolutely failed to support the businesses they have asked to close dating back to March 2020. The PPP loans & PUA unemployment have NOT been made available to all, nor has the federal, state or local governments acted in a timely manner to make certain businesses can ~urvive these shutdowns. The Cares Act ENDED it's limited fiscal support by July 31st. The second round of federal support was JUST now approved, meaning American employees and businesses who were in dire need of support were left to flounder for 5-6 months. This is unacceptable. You cannot continue to ask businesses to take on further losses without providing genuine and meaningful financial support. 2. It is unfair to allow businesses like Costco, Vons, CVS, Rite Aid, Lowes etc to remain fully open while punishing small businesses with closures or service limitations. I refuse to define any business as essential/non-essential, as the right to earn an income is an ESSENTIAL part of living, & being an American. Multiple news reports have shown that County Supervisor Greg Cox and potentially other politicians intentionally suppressed data showing big box & grocery stores were major contributors in the spread of covid-19. For reference: https://www.nbcsandiego.com/news/investigations/county-data-shows-san-diego-govt-agencies-big-box- stores-reported-outbreaks/2478656/. Imagine if these stores had to track the contact info of every guest in the manner that restaurants do? The amount of tracing that would come back to them would surely be startling. If the metric to close down businesses & entire industries is really about 'outbreaks', then there is a severe lack of consistency at play here. Also, human health is absolutely linked to prosperity. It is hypocritical to take away someone's right to earn a living in the name of health. 3. In the case of restaurants, no industry has been forced to pivot as much as they have with fiscal implications at every turn. No industry has been asked to be as safe as the restaurants, and yet they consistently face undue scrutiny from 1 uneducated politicians. The restaurants have endured the following, and yet here some of you stand today, prepared to close them again. • Multiple full shutdowns, resulting in unplanned unemployment, spoiled food product, & financial distress o Some have already lost their business entirely • Multiple operational guidelines which forced the unplanned investment in PPE, plexiglass, outdoor furniture, outdoor heaters, tenting, flooring, decking, decor, etc. o The constant adjustments in guidelines have required restaurants to make unexpected investments with no guarantees of what tomorrow brings • The City of Carlsbad even tried to milk outdoor dining permit fees from restaurants struggling to adapt and survive. Thankfully the citizens exposed your bad behavior and you sheepishly reversed these ridiculous fees. See story: https:ljwww.nbcsandiego.com/news/local/carlsbad-restaurant-owner-hit-with-5- thousand-dollar-outdoor-dining-permit-fee/2379637 / Please stop insinuating that "take-out" is a viable option for many of our dine-in establishments. Their business model and expenses were NOT built to become a take-out operation for months on end. It is not sustainable. 4. The fact that you would even consider proposing the use of over $70k to "enforce" these "violations" is absurd & shows how misguided this recommendation is. Those funds should be allocated towards something meaningful in our community as countless businesses are considering closing their doors permanently. 5. To the warrior business owners & staff out there trying to survive, We are with you and we support your every step! Keep fighting! 6. To any City Council members who vote to take away the rights of our community members, you will not be forgotten. You will never be voted for again by this household. We will spread the news of your actions to as many ears that will listen. I hope that small businesses will refuse your patronage for the rest of your days. Choose wisely. Sincerely, Drew & Jenelle Rivera Carlsbad Residents & Advocates of Freedom CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 2 Tammy Cloud-McMinn From: Sent: To: Subject: Max Williamson Monday, January 4, 2021 10:11 PM City Clerk Special Vote for Lockdowns I request this email to be included in the record for the Special Vote for whether to increase enforcement of lockdown orders. When I was nine, Carlsbad became my home and has been so for 17 years. Therefore, what has happened in my hometown during the pandemic concerns me, as does what could happen following the Special Vote on January 5, 2020. My concerns have arisen from personal observations while "dashing" for DoorDash . I "dash" because I recently graduated from law school, and while I studied for the California .bar exam and while waiting for the exam's results, I dash most evenings to make some money. This experience has given me the opportunity to see the effect of the pandemic and lockdown orders on Carlsbad's restaurant industry. Since July, I have delivered over 300 meals from more than 60 restaurants in Carlsbad. The silence and void in every restaurant I enter are deeply saddening, caused by restrictions that I believe once served a useful purpose but no longer do so. After witnessing the pandemic's impact on my community and applying the logic that carried me through law school and the bar exam, I believe that increasing enforcement of the lockdown orders against restaurants offering outdoor dining is well-intentioned but illogical, unfair, and destructive. Increasing enforcement of the lockdown orders against Carlsbad's restaurants is well-intentioned, propelled by the goal of saving lives. However, this truth should be and can be made compatible with another truth, which is that business owners, while making sacrifices for the greater good, need to survive and they do that by making money (and the same goes for their employees). Although that concept is simple, I believe that it has been forgotten by our elected officials. Protecting a business owner's and employee's right to earn a living and protecting public health are not adversarial viewpoints, but they have appeared to become so and indicate obvious truths have become eroded from public officials' and the press's mindset. Restaurant owners can honor public health concerns by obligating groups to wear masks and be seated outdoors at least six feet apart. Increasing enforcement of lockdown orders is illogical based upon a basic cause-and-effect analysis. Increasing enforcement against restaurants offering outdoor dining does not address the cause of the surge in coronavirus cases and patients in local hospitals. The San Diego Union Tribune has repeatedly reported that the State of California is attributing the surge in cases to private activity, such as private gathering for the Holidays and people congregating inside as colder temperatures take us into winter. In addition, data from the San Diego County Department of Public Health is frustratingly vague, failing to definitively prove outdoor dining was the cause of any uptick in cases prior to the new round of lockdowns implemented in early December. Increasing enforcement against restaurants from hosting outdoor-dining is therefore illogical and unfair because doing so does not address the true cause of the problem nor will it result in the desired effect: fewer coronavirus cases and lower ICU occupancy. Furthermore, voting in favor of increasing enforcement of the lockdown orders against restaurants is unfair. Restaurant owners have been forced to accept punch after punch inflicted by government officials. In the Spring, restaurant owners were not allowed to host indoor nor outdoor dining. Then, in the summer, they spent thousands, if not tens of thousands, of dollars to make their establishments 1 Tammy Cloud-McMinn From: Sent: To: Subject: edited to correct typo Se bat, Jonathan Monday, January 4, 2021 10:26 PM City Clerk Re: comment regarding carlsbad city council agenda item 1 (increased enforcement of public health orders) As a professor in Health Sciences at UCSD, I want to speak in support of enforcement of the current state public health mandates, specifically the closure of indoor dining and entertainment spaces. These public health orders are based on clear evidence from research studies that show that transmission of the coronavirus SARS-COV-2 occurs predominantly through indoor gatherings, particularly at-home gatherings and full service restaurants. Models also show that closing restaurants, museums, theaters etc. can significantly reduce transmission of the virus. From a public health standpoint, indoor gatherings spread the virus, and when social distancing measures relax, the result is the dramatic surge in hospitalizations and deaths that we are currently seeing across Southern California including at UCSD. In San Diego county, the number of people hospitalized due to COVID- 19 has quadrupled in the weeks of November and December. This cause of this surge is no mystery. It is the direct result of the virus spreading through holiday gatherings in the last several weeks. Chances are most in the audience hearing this know multiple people who have become sick recently. When this holiday surge finally ends, the number of hospitalizations will begin to subside and the stay at home order can be removed. But if we do not minimize indoor gatherings as much as possible now, the consequences could be dire. 1. The surge could last much longer keeping businesses closed for a longer period of time, leading to more economic hardship in the community 2. Hospitals could exceed capacity. Hospital staff would be insufficient to care for all patients. Hospital would be forced to ration care and supplies, which would result in poorer outcomes for patients. (This means patients would begin to die unnecessarily due to complications that would normally be dealt with quickly by attentive nursing staff and doctors.) The current hospital situation in San Diego is manageable but it is getting VERY close to capacity. In LA county some hospitals are already there. We as a community do not want to this to get worse because It could get very ugly. The best way to see through this difficult time is to stay the course and relax public health measures gradually when the surge gets under control. Jonathan Sebat Ph.D. Professor Department of Psychiatry and Department of Cellular and Molecular Medicine UCSD https://sebatlab.org 1 From: Sebat, Jonathan Sent: Monday, January 4, 202110:23 PM To: clerk@carlsbadca.gov <clerk@carlsbadca.gov> Subject: comment regarding carlsbad city council agenda item 1 (increased enforcement of public health orders) As a professor in Health Sciences at UCSD, I want to speak in support of enforcement of the current state public health mandates, specifically the closure of indoor dining and entertainment spaces. These public health orders are based on clear evidence from research studies that show that transmission of the coronavirus SARS-COV-2 occurs predominantly through indoor gatherings, particularly at-home gatherings and full service restaurants. Models also show that eliminating ttA-G closing restaurants, museums, theaters etc. can significantly reduce transmission of the virus. From a public health standpoint, indoor gatherings spread the virus, and when social distancing measures relax, the result is the dramatic surge in hospitalizations and deaths that we are currently seeing across Southern California including at UCSD. In San Diego county, the number of people hospitalized due to COVID- 19 has quadrupled in the weeks of November and December. This cause of this surge is no mystery. It is the direct result of the virus spreading through holiday gatherings in the last several weeks. Chances are most in the audience hearing this know multiple people who have become sick recently. When this holiday surge finally ends, the number of hospitalizations will begin to subside and the stay at home order can be removed. But if we do not minimize indoor gatherings as much as possible now, the consequences could be dire. 1. The surge could last much longer keeping businesses closed for a longer period of time, leading to more economic hardship in the community 2. Hospitals could exceed capacity. Hospital staff would be insufficient to care for all patients. Hospital would be forced to ration care and supplies, which would result in poorer outcomes for patients. (This means patients would begin to die unnecessarily due to complications that would normally be dealt with quickly by attentive nursing staff and doctors.) The current hospital situation in San Diego is manageable but it is getting VERY close to capacity. In LA county some hospitals are already there. We as a community do not want to this to get worse because It could get very ugly. The best way to see through this difficult time is to stay the course and relax public health measures gradually when the surge gets under control. Jonathan Sebat Ph.D. Professor Department of Psychiatry and Department of Cellular and Molecular Medicine UCSD https:ljsebatlab.org 2 Tammy Cloud-McMinn From: Sent: To: Subject: Jan Bandich Monday, January 4, 2021 10:27 PM City Clerk; Matthew Hall; Cori Schumacher; Priya Bhat-Patel; Scott Chadwick COVI D Enforcement While I do believe we need to protect ourselves and others from spreading COVID, and masks are very important, I do not believe that restaurants with outdoor seating pose a health hazard. Supermarkets, big box stores, bars and strip clubs remain open and that seems to me a greater risk, than sitting outdoors, social distancing. Plus COVID rules and regulations have nearly destroyed small businesses and chain stores across the country and I believe we should support local businesses that have bent over backwards to address the safety concerns regarding COVID. I support their Peaceful Protest. It is, after all, an individual's choice whether or not to visit these businesses, no one is requiring it. Jan Bandich Bristol Cove Sent from Jan's iPad May you always have: Love to share, Friends who care, and Health to spare. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hi, Monday, January 4, 2021 10:39 PM City Clerk Item 1 -Comments to ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I wanted to voice my opinion to the city council on the issue of using emergency powers for increased enforcement of the public health orders. Attacking restaurants which make up a majority of small businesses impacted by this decision is going after businesses that have very very low impact on the spread of the virus. This was recently affirmed by Dr. Ghaly who is California Secretary of the California Health and Human Services. To date these restaurants are not longer in business due to Covid-19 restrictions imposed by state and county officials. 1st District -Cori Schumacher * Koko Beach * O'Sullivans * Cold Beer and Cheeseburgers * That Pizza Place * Souplantation * Sushi Varna * Lucha Libre Gourmet Taco Shop 2nd District -Keith Blackburn * Hacienda de Vega Most restaurants make only 10 -20% of their revenues from delivery/take-out. With enforcement of no outdoor dining this will surely add to the list of restaurants that will fail. We have been asked to follow the science, but that is only true when it fits into what government officials want to happen. With having safe outdoor dining this will also lower people getting neighbors and friends together in homes where the majority of spreading happens because there are no rules that are being followed behind closed doors. I strongly urge the council to oppose this and not enforce something that only destroys more careers and lives in our beautiful city. Todd Walker 2nd District CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: S.ent: To: Subject: Tuesday, January 5, 2021 12:1 5 AM City Clerk; Cori Schumacher; priya.bhat-patel@carlsbad.gov Carlsbad D1 Resident -Favor Opeh Restaurants Hello Cori and the Cbad Council Members I and a 19 year Carlsbad resident, living in D1. I am 100% in favor of ALL restaurants that are capable of outdoor dining to remain open. Those that are not can continue to provide pick up and delivery. I am in favor of ALL retail and service businesses to be open safely. David Caso CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Honorable, Matt Hall, Mayor Keith Backburn, Mayor Pro Tern Tuesday, January 5, 2021 12:17 AM City Clerk closing small businesses Cori Schumacher, City Council Member, District 1 Priya Bhat-Patel, City Council Member, District 3 Thank you for your effort concerning covid19 these past few months. However, I am wary of your intensions to close small businesses and outdoor dining again. With the lockdowns Newsom is further enforcing on the citizens of California is sociocommunistic. My hope is that you, the Carlsbad city council, will step up and stand with your constituents and refuse to bow down to Newsom's dirty politics. You can start by supporting small businesses and allowing restaurants, which account for 70% of employment in America, to stay open. There is no science that can prove Covid 19 is a threat for outdoor dining or indoor dining if set up correctly. The Judge overseeing the Recall Newsom case was told there was no science to lock down small businesses and outdoor dining. Newsom did it anyway continuing his dictatorship, power and control. Please think of your constituents. I find it incomprehensible that you, the city council, spent $69,210.24 from the Carlsbad's general fund to pay for two officers to patrol the beach on Fridays, Saturdays and Sundays for 12 weeks due to COVID-19. As Mayor Hall, said" there is absolutely zero science on the path that we are choosing to go down," and it's "arbitrary" to "think that novel coronavirus cases are being spread at the beach any more than other places in Carlsbad." Shame on you Mr. Backbum, Ms. Schumacher and Ms. Patel to choose to go against the common sense of Mayor Hall. The salary for each guard for 3 · days a week for 12 weeks, as I calculate, is $34,605.12. This is more than many families make in a year. I would like to see an itemized statement for what the $69,210.24 was used for. The money could have been used to help the struggling small businesses in Carlsbad. You are still getting paid while your constituents who own small businesses and restaurants are barely making it. I am interested to know how much your yearly salary is and the last time you gave yourself a raise. Your constituents have the right to know. You are our employee and your constituents should decide whether you have done a good job and if so you will be rehired. San Diego's new mayor, Todd Gloria, gave himself a raise as soon as he took office. His salary is now $206,000 a year, more than double Kevin Faulconer's salary. The city council salaries jumped from $75,000 a year to $124,000 over night. They hadn't been in office one day and already gave themselves a raise. With the homelessness, gangs and drug abuse, Gloria should have waited and helped his constituents first before giving himself a raise and his city council a raise. It doesn't surprise me at all that he and his city council did that. Please do not allow Gloria to impose his radical views on you. As things become worse in this once beautiful state, I hope the city of Carlsbad will continue to be a wonderful place to live. I hope you, Carlsbad city council, will be honest and think of your constituents first. Respectfully, Tamara Dixon 1 Tammy Cloud-McMinn From: Sent: To: amie morton Tuesday, January 5, 2021 12:17 AM City Clerk My name is Amie Morton. I work at a small bar in the village of carlsbad. I am a single mom. I've worked two to three jobs since I first became a single mother of a 3 year old at 23. My daughter has asthma. In fact, I spent numerous nights in the · hospital with her while she was younger until about 8 years old because of her asthma. She used a nebulizer every 3 hours every single night for weeks at a time for years. I take this virus seriously. We wash our hands constantly. I clean constantly. We wear masks everywhere. AND correctly. AND I go to work. And take the same precautions there. This is my only job right now. I am still laid off from my other job. This is how I take care of my 16 year old daughter. And put food on the table. Unemployment doesn't help. I make a fraction of what I make in cash, on paper. We are a small family there. We're all there to help each other and our home survive. CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Importance: Ladies and gentlemen: First the pandemic. Martin Ozolins Tuesday, January 5, 2021 2:57 AM City Clerk Jessica Rosemeister; Laura COVID19 and Police transparency Low Please enforce the shutdown conditions for those who are just defiant, should be fined. I am considered a high risk if I contract COVID 19. It is very disconcerting to see most of our Bars and Restaurants open. I am aware that many consider risking other people's lives for their personal wealth building. With the newer strains of the virus that are greatly more contagious. Most of us stay within some insular groups to reduce community spread. The village seems very insular so we haven't been tested, yet. With the super spreader bars and restaurants, packed to the gun whale. All the people in those bars are not from the local tribe, and could be spreading the disease into the family groups. Once community spread starts in a group, it will burn faster than the fires last spring. Since the state is out of ICU beds, I'd prefer they have space. You must protect the people. Stimulus payments are the best way keep restaurants in business. This demonstrates a principle I call bubble up economics, or when the consumers have money they consume. I've heard some people using weighted data have the death rate for each demographic at around 1% have died so far. They are partially correct. The population of the United States is 328.2 Million people. As of today there are 354 Thousand dead. This is just over 1% of the population have died. With 3 or 4 thousand more dead each and every day. If we don't kill the spread we could lose 2-3% of the country. Now police transparency: I would urge you to reconsider voting for transparency by the police. I know of several people who's constitutional rights have been stomped on by a seemingly out of control police department. Since the police are city employees so trying to hide from their misbehavior like an ostrich buries its head in the sand. Irresponsible at best, malicious tending worse. Going forward defunding the police budget and moving services like Homeless Outreach Team (HOT) and the Psychiatric Emergency Response Team (PERT). The police attached the HOT, to the contrary of what was advertised as being security for the case workers, they are now enforcing infractions and arresting people enough times that they get long jail stays. The officers that respond for PERT calls aren't comforting the victim, instead one young lady was having a crisis, and she asked me to call for PERT. They arrived and cornered an already paranoid girl between three large armed men surrounding her. When they tried to restrain her she screamed so horribly that I still thank about it. I look forward to participating in the meeting. Respectfully 1 Tammy Cloud-McMinn From: Sent: To: Subject: Good morning. Austin Campbell Tuesday, January 5, 2021 3:46 AM City Clerk Restaurants As a proud Carlsbad resident and small business owner, I am humbly requesting that City Council respect restaurants' right to operate safely outdoors. Small businesses are not part of the problem, and, at some point, government needs to recognize that and stop punishing compliant restaurants, salons and gyms without compelling data to back it up. Thank you. austin campbell I sola salon studios I solasalons.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Su bject: Daisy McDuffee Tuesday, January 5, 2021 6:28 AM City Clerk Restaurant Restrictions Please do not enforce restrictions on outdoor dining!!!!! Daisy McDuffee CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Council members, Tuesday, January 5, 2021 6:32 AM City Clerk 5 Jan 2021 City Council Meeting -Agenda Item #1 There is a cacophonous choir railing against following public health orders. Today they use how these orders are affecting our local businesses. These people also claim their civil rights are being violated. In the first, I have yet to encounter one voice offering monetary support. When I presented the fact that the City Council has allocated $SM to support our small businesses, the response was that it was not enough. Not one voice offered solutions on how to effectively administer the public health orders, and/or how to mitigate the effects of the pandemic. These are frustrated people, and rightly so! Who isn't? Stay the course. I write incorrectly, there is one voice that has offered monetary support, mine. I pledge to add my stimulus check to the City's allocation because I recognize the need. In the second case of civil rights violation, I offer this: Constitutional Responsibilities The Constitution guarantees certain liberties and freedoms, and it is in its Preamble that we find our responsibilities, without which there is no liberty, no freedom. WE THE PEOPLE OF THE UNITED STATES -you and I and every other person in the country -are responsible for establishing justice, ensuring domestic tranquility, providing for defense, PROMOTING THE GENERAL WELFARE, and securing liberty. The Constitution provides the structure by which we accomplish those things. You and I and everyone else, individually and collectively, are responsible to all the rest of the people in the USA. It is only when WE shoulder these responsibilities that the liberties and freedoms that are enumerated in the Constitution can be guaranteed. WE are the architects and protectors of our freedoms. Freedom relies on carrying out our obligations, and one of those duties is to promote the welfare of others. It's not optional, it's not leftist claptrap, it's one of the essential elements required to build and sustain our democracy. Power lies not in some legislative body, nor in a person in the White House, nor in a panel of judges. They only represent US, to the extent WE have delegated some of our power to them. WE decide, and WE must take responsibility for OUR decisions and actions. Casting blame on these representatives exposes impotence; casting a vote shows power, as does behaving responsibly, with respect for the welfare of others. Stay the course. Gregg Ferry 1 Tammy Cloud-McMinn From: Sent: To: Michael Curran < mdc@curranlawoffices.com > Tuesday, January 5, 2021 7:25 AM City Clerk Subject: Fwd: Warning and Demand you Honor the US and CA Constitutions and your Oaths of Office Attachments: Michael D. Curran, Esq./ATP CURRAN & CURRAN LAW 662 Encinitas Blvd., Suite 260 Encinitas CA 92024 760-634-1229 phone 760-634-0729 fax SDMayorscouncildmd.pdf Email is covered by the Electronics Privacy Act, 18 U.S.C., sections 2510-2521, and is legally privileged. This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution, or disclosure by others is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies. Begin forwarded message: From: mdc@curranlawoffices.com Date: January 4, 2021 at 12:55:05 PM PST To: cblakespear@encinitasca.gov, khinze@encinitasca.gov, tkranz@encinitasca.gov, jmosca@encinitasca.gov, jhubbard@encinitasca.gov, aclisby@encinitasca.gov, council@encinitasca.gov, council@carlsbadca.gov, cori.schumacher@carlsbadca.gov, priya.bhat-patel@carlsbadca.gov, teresa.acosta@carlsbadca.gov, keith.blackburn@carlsbadca.gov, matt.hall@carlsbadca.gov, esanchez@oceansideca.org, rkeim@oceansideca.org, crodriguez@oceansideca.org, pweiss@oceansideca.org, Council@oceansideca.org, JoeLaCava@sandiego.gov, jennifercampbell@sandiego.gov, StephenWhitburn@sandiego.gov, monicamontgomery@sandiego.gov, MarnivonWilpert@sandiego.gov, ChrisCate@sandiego.gov, Rau1Campillo@sandiego.gov, vivianmoreno@sandiego.gov, SeanEloRivera@sandiego.gov, toddgloria@sandiego.gov, wilma.wooten@sdcounty.ca.gov Cc: SanMarcos@abc.ca.gov, SanDiego@abc.ca.gov, greg.cox@sdcounty.ca.gov, diane.jacob@sdcounty.ca.gov, kirstin.gaspar@sdcounty.ca.gov, Jim.desmond@sdcounty.ca.gov, nathan.fletcher@sdcounty.ca.gov, smc@curranlawoffices.com Subject: Warning and Demand you Honor the US and CA Constitutions and your Oaths of Office Dear Mayors, City Councilpersons, ABC and Dr. Wooten, Attached please find very important, time sensitive legal warnings and demand from this firm that effect your government agencies and your personal legal responsibilities as elected officials as well as potential liabilities. 1 You each have the obligation to both protect lives of the at risk, but to far greater percentage of the population, protect the livelihoods of all, because both are at stake. Do what you promised when elected, take care of the lives and livelihoods of all of our citizens, not just the elderly/at risk. Follow the highest law in the land, Honor your Oaths ... Michael D. Curran, Esq./ATP CURRAN & CURRAN LAW Quail Garden Corporate Center 662 Encinitas Boulevard, Suite 260 Encinitas CA 92024 760-634-1229 phone 760-634-0729 fax CONFIDENTIALITY NOTICE: Email is covered by the Electronics Privacy Act, 18 U.S.C., sections 2510-2521, and is legally privileged. This email and any attachment may contain confidential and privileged material for the sole use of the intended recipient(s). If the reader of this message is not the intended recipient, the reader is hereby notified that any dissemination, distribution, review or copying of this communication is strictly prohibited by law. _If this communication has been received in error, the reader shall notify the sender immediately at (760) 634-1229, or mdc@curranlawoffices.com, by reply email and shall delete all copies. CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i safe. 2 CURRAN & CURRAN LAW 662 ENCINITAS BLVD . SUITE 260. ENCINITAS . CALIFORNIA 92024 TELEPHONE 760 . 634 . 1229 FACSIMILE 760 634 0729 January 4, 2021 MICHAEL D. CURRAN, ESQ., ATP SUSAN M. CURRAN. ESQ VIA ELECTRONIC MAIL ONLY To: Mayors, City Supervisors, City Councilpersons, ABC and Dr. Wooten, cblakespear@encinitasca.gov, khinze@encinitasca.gov, tkranz@encinitasca.gov, jmosca@encinitasca.gov, jhubbard@encinitasca.gov, aclisby@encinitasca.gov, council@encinitasca.gov, council@carlsbadca.gov, cori.schumacher@carlsbadca.gov, priya. bhat-patel@carlsbadca.gov, teresa.acosta@carlsbadca.gov, keith. blackbum@carls bad ca.gov, matt.hall@carlsbadca.gov, esanchez@oceansideca.org, rkeim@oceansideca.org, crodriguez@oceansideca.org, pweiss@oceansideca.org, Council@oceansideca.org, JoeLaCava@sandiego.gov, JenniferCampbell@sandiego.gov, StephenWhitburn@sandiego.gov, MonicaMontgomery@sandiego.gov, MamivonWilpert@sandiego.gov, ChrisCate@sandiego.gov, RaulCampillo@sandiego.gov, VivianMoreno@sandiego.gov, SeanEloRivera@sandiego.gov, ToddG loria@sandiego.gov, SanMarcos@abc.ca.gov, SanDiego@abc.ca. gov ,greg.cox@sdcounty.ca.gov, diane.jacob@sdcounty.ca.gov, kirstin.gaspar@sdcounty.ca.gov, Jim.desmond@sdcounty.ca.gov, nathan.fletcher@sdcounty.ca.gov, wilma.wooten@sdcounty.ca.gov Re: Warning and Demand You Honor the US and CA Constitutions and Honor Your Oaths of Office ... NOW! Dear Mayors, City Supervisors, City Councilpersons, ABC and Dr. Wooten, First, Happy New Year to all. We are hopeful 2021 brings healing and an end to the pandemic and the many problems that plagued us in 2020. We are also hopeful this year brings a much more reasoned, well founded and most of all constitutionally legal, approach to government orders and enforcement efforts ostensibly aimed at minimizing the spread of the virus. This letter is aimed at assisting you in that objective. I. Introduction The Coronavirus/COVID -19 alleged pandemic has contributed to a terrible loss of life, but to an even greater effect, continuing government stay in and shut down orders have demonstrably not been effective in preventing the spread of the virus, but have irrevocably changed our county and communities in every measurable and un-measurable negative way. You each have the obligation to both protect lives of the at risk, but to a far greater percentage of the population, protect the livelihoods of all, because both have been and currently are at stake. Yes, the loss oflife is terrible, but to a far greater percentage of effect on our citizens, so called health and safety stay in and shut down orders have caused the outright destruction of our way/quality of life, which has taken a serious toll on just about everyone, in everyway. As you are each aware, since the imposition of Govenor Newsom' s December 3, 2020 Recycled Stay In and Recycled Shut Down "non essential" businesses orders, hundreds of restaurants, salons, bars and gyms have been staying open as suggested by this firm as part of a Constitutionally Protected Peaceful Protest/Assembly against these draconian, arbitrary and factually/scientifically unfounded orders. See section 1 below. To their credit, law enforcement, county sheriffs and most police departments have taken a "education only" approach to enforcement and have advised of the orders, but have taken no further action. After all, they are in the business actual "law" enforcement, not arbitrary, unconstitutional political executive order enforcement. However, our clients and other advised/contacting restaurants, salons and gyms, currently numbering over two hundred, have reported receiving threatening visits, harassing telephone calls (ABC officer MacIntyre, et al.) and alleged "Notices of Violation" from the ABC and purported "Cease and Desist Orders" from Dr. Wilma Wooten and the San Diego County Department of Health and Human Services Agency. In the past week, Mayor Gloria, Mayor Blakespear and Carlsbad City Councilperson, Ms. Schumacher, have threatened to seek greater enforcement of arbitrary, unconstitutional, government so- called health and safety orders, suggesting restaurants, salons, gyms and other small business owners and workers are not "essential" in our community and should again be ordered/forced to shut down. They have accused our clients of "egregious, selfish" non-compliance and threatened to use law enforcement, the DA and county agencies seeking greater fines (Gloria on all stations). The City of Encinitas has threatened withdrawal of encroachment permits, forcing restaurants to resort back to inside dining. (Blakespear on ABC 10 local) To date, as you all know, this firm and others have taken the well supported legal position that our clients have Constitutionally protected rights to operate their business by virtue of the US and CA Constitutions and have been forced to operate as part of a Constitutionally Protected Peaceful Protest/Assembly against arbitrary State Stay in and Shut Down Orders. We have discouraged our clients from court action because we know if government is going to seek fines, ABC licenses, business licenses as a penalty for alleged non compliance, our clients have 14th Amendment Due Process rights, court and other due process hearing rights and there are already similar cases working through the Federal and State Courts. See section 2 below. We already have legal guidance from various Federal and State Judges that the government orders are arbitrary and, thus, unconstitutional. If you follow through·on these unconstitutional threats, you can expect this firm and others to be filing government tort claims and appropriate additional lawsuits/class actions for your local government violations of the 1st Amendment Peaceful Protest Rights, 5th Amendment Takings Clause, and 14th Amendment Due Process and Equal Protection Constitutional laws and you, personally, for Failure to Discharge Mandatory Duty, your Oaths (Gov. Code, § 815.6). Let me gently remind you, we did not pick and do not want this fight, but we will legally fight if forced, it is what we do. See section 3 below. Let me remind each of you that when you took office, you swore a solemn oath to "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the State of California." Let me impress on you, these are not just official sounding words, in fact they have deep legal and patriotic meaning dating back to the birth of this nation. Honoring this oath and staying true to these words has been paid for by millions of patriotic Americans in death, blood, sweat and tears, throughout our history. Those of you with law degrees should understand this oath well. At all relevant times during this nightmare, we call COVID-19 and 2020, again as those of you with law degrees should know, the US and California Constitutions were in full force and effect, but have been consistently violated by power and political agenda driven, politicians. We are not denying the virus is real and has had serious effects on thousands of Americans, but the reported rate of alleged infection and death - 2 - are suspect and medically umeliable. The causes of alleged COVID-19 d~aths all included other serious co-morbidities and at no time were these so-called emergency health and safety orders greater in legal and Constitutional authority, than our Constitutions themselves. In addition, we are well past the point where attempts at prevention and safety, have created far greater overall damages to the entirety of the population. Government regulation is always a matter of balancing interest, Constitutional Freedoms verses Public Safety, but it has sadly become apparent these virus health and safety orders are not really about health and safety. If politicians were really concerned about health and safety, they would not consistently violate their own orders. Governor Newsom, and numerous others, have been caught, hypocritically dining both inside and outside in violation of their own shut down and masking orders. If these orders were really about saving lives, government would have ordered the speed limit across the country reduced to 25 miles an hour, or taken away our vehicles and motorcycles all together, and reverted back to horse drawn carriages/wagons, because these measures would have saved the thousands of American lives we lose each year to motor vehicle accidents. While we are at it, government should have outlawed tobacco years ago, because every year we lose thousands of lives to cancer and lung diseases. Medical malpractice also negligently kills thousands of Americans each year ... but the automotive, tobacco and medical industries have big lobbies, are big business, that generates big money/taxes so, on balance, government doesn't target, or harass them. Why else? On balance, Constitutional freedom/liberties wins. These current draconian, arbitrary so-called health and safety orders purporting to order again the shut down of restaurants, salons, gyms and other small businesses are not supported by actual, reliable facts, science or evidence. They are undeniably unconstitutional and perhaps most importantly a violation of the American dream, freedoms and spirit. We are not running out ofICU beds in San Diego. If we were the military would be involved and the US Navy Ship Mercy would be docked in San Diego Harbor. 1. First, the Science/evidence Behind Govt. Shut down Orders (Does Not Exist) The actual science/evidence does not support these government orders, or enforcement of the same. Contact tracing in both California and New York have consistently allegedly found approximately 60% of the spread is from private in-home gatherings. Also, allegedly, approximately 40% of the outbreaks and spreads are at the big stores like Costco, Walmart, Target, grocery stores and travel. In a distant last place, restaurants, salons and gyms are allegedly responsible for approximately 1.3% of the spread of the virus. Two weeks ago in the California Restaurant Association case, a trade group representing several area restaurants, Los Angeles County Superior Court Judge James Chalfant ordered the government to bring him evidence, if it existed, that restaurants were causing the spread. They could not and did not, based thereon he ruled that a ban on outdoor dining at restaurants, ostensibly aimed at reducing transmission of the COVID-19 virus, was "not grounded in science, evidence, or logic." He found that the County "failed to perform the required risk-benefit analysis" before enacting the ban ... "By failing to weigh the benefits of an outdoor dining restriction against its costs, the county acted arbitrarily and its decision lacks a rational relationship to a legitimate end ... " Last week, in the Midway Venture, LLC (Cheetah's) San Diego Superior Court Judge Wohlfeil ruled the government enjoined from enforcing these shut down orders against San Diego strip clubs and restaurants. He specifically cited San Diego County's health and safety officer Dr. Wilma Wooten, who with full knowledge of current data indicated, "penalizing sectors like restaurants and gyms for the case increase is wrong ... Closure ofindoor restaurants and during wintertime will move people into homes and encourage high risk gatherings ... " Judge Wohlfeil found restaurants serve the public interest. They provide sustenance -3 - to and enliven the spirits of the community, while providing owner and employees a means to earn a living and of course peace of mind for their families. A San Diego appeals court has stayed the Order without comment. But Judge Wohlfeil had it exactly right; there is no medical, scientific, or evidentiary basis that restaurants, salons, or gyms are contributing to the spread of the virus. Two weeks ago, California Health and Human Services Secretary, Dr. Mark Ghaly, admitted the Governor's December 3rd ban on outdoor dining is "not a comment on the relative safety of outdoor dining" but is instead aimed at discouraging Californians from leaving home. He said "The decision to include, among other sectors, outdoor dining and limiting that, to restaurants to deliver and provide takeout options instead, really has to do with the goal of trying to keep people at home ... " He stopped just short of admitting the order is undeniably unconstitutional. So, if your support of the Governor was really concerned with public safety and minimizing the spread of the virus, you would be asking for the shut down of the Costco's, Walmarts, Targets, grocery stores, sending police officers to check on residence parties to educate citizens and make sure that people are not having guests ... also don't forget to try to shut down retirement homes and the airlines, because these . are also documented big contributors to the spread of the virus. So let's dispense with the ridiculous, unfounded, false notion that "science/evidence" supports the shutting down ofrestaurants, salons, gyms and other small businesses order and enforcement of the same. 2. How about the Constitution upon Which this Nation Was Founded and it Remains a Constitutional Republic In addition to our local judges rulings as we just discussed, lets remember you all took an oath to uphold and defend our United States and California Constitutional rights, which do not get put on hold during an alleged pandemic, especially when that so-called pandemic "emergency" is in it's 11th month of roller coaster stay in and shut down orders. Since most of you are not lawyers, humor us with a brief summary of the relevant Constitutional provisions you have sworn to uphold. In Congress, July 4, 1776, in the original Declaration of Independence by then thirteen United States of America, " ... We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness ... Californians enjoy the protections of a California Constitution, First Amendment, et al. right to life, liberty, property and the pursuit of happiness, including running their business and making a living. In addition, all citizens of the United States have Constitutional rights of Free Speech, Peaceful Protest/ Assembly under the First Amendment, Due Process and Equal Protection under the 14th amendment. Is the Constitution now somehow optional? Can it be disregarded dming a pandemic or any other time of crisis merely in the vague interest of alleged "public welfare/good"? The right to peacefully protest/assemble and the right to worship are both protected by the first amendment. Are the natural unalienable rights, given by God just meaningless text on a 245 year old piece of paper? Pieces of paper by -4- the way on which this country was founded. Is this where we are? Is this where we want to be? Absolutely not. Government orders that purport to distinguish between "essential businesses" and workers and "nonessential businesses" and workers are Constitutionally invalid. In what alternative universe does it make sense that eating/drinking shoulder to shoulder with a stranger on an aircraft, with six or eight other strangers, also eating and drinking within your 6 foot "social distance" onboard is a safe and allowable risk, as well as dining at an indoor food court at the mall with dozens, if not hundreds of other shoppers, or in a Los Angeles TV studio/network food tent...but somehow eating at restaurant, which is exercising far better safety and sanitizing protocols/precautions, presents a greater risk of viral spread? In October, 2020, in Butler v. Wolf, Judge Stickman of the Western District of Pennsylvania in ruling on Pennsylvania Governor Wolf's COVID 19 lockdown orders ruled orders shutting down so called non "life sustaining" businesses violated businesses' rights to due process and equal protection under the Fourteenth Amendment. He said "An economy is not a machine that can be shut down and restarted at will by government. It is an organic system made up of free people," and "[t]he ability to support oneselfis essential to free people in a free economy." So again, lets not pretend these ongoing health and safety orders are Constitutionally valid/enforceable, they are not. They are also not a law or regulation that has gone through the legislative process, or even a rule. They are largely being decided by un-elected health and safety officers who have very narrow focus. Enforcing these safety orders is a violation of your Constitutional oath and Constitutional protections. It is for this very reason the Sheriffs of Orange County, Riverside, Ventura, San Bemadino Counties,joined by numerous Mayors El Cajon, Coronado and City Councils like Solvang and others joining up and down the state and across the country, who are not enforcing these arbitrary, damaging, unconstitutional orders. You are required by law to follow their Constitutional rights protecting and oath keeping and examples. 3. Lastly, but Perhaps Most Importantly the Human Element On December 3, 2020, when the Governor again issued an unconstitutional, arbitrary shut down businesses order, the streets of our downtown beautiful Carlsbad Village were dead. It was a ghost town and most of our town businesses also died again that day, after months of roller coaster varying, arbitrary, stay in and shut down orders. People were exhausted, depressed, broke and there was very little in the way of holiday spirit. Many were and still are abusing drugs and alcohol, depression mental health and suicide rates were and are up all over the county, with very little hope. On December 7th, I, along with my wife and partner, spoke to about 50 different restaurant salon and bar owners from Carlsbad/Encinitas and Solana Beach. We told them that there was no science or evidence behind the shut down orders. We told them the orders were draconian, arbitrary and unconstitutional. We told them that as Americans they had Constitutional rights, to open up and run their business as part of a "Constitutionally Protected Peaceful Protest/Assembly." When we did, we were happy and proud to see defeated, exhausted faces literally come back to life, we saw hope, we saw a renewed enthusiasm, strength, energy and enthusiasm to stand up like Americans do and to fight. One of our restaurant owners said "I would rather stand up and fight than die on my knees .... " Those in attendance stood up and cheered! They collectively resolved to open up and run their businesses. Two days later our clients, and dozens of others with whom we had consulted, followed through on the difficult - 5 - and courageous decision to re-open, to re-open safely, literally to survive, as part of a Constitutionally Protected Peaceful Protest against these orders. All of their stories are inspiring, and all of their stories have common elements of strength of character, strong will, survival and American ingenuity and tenacity. Over the past 10 months they have all been to hell and back again, they have risked, and still risk, their business, ABC licenses and their very existence, on a belief in the Constitutional law and freedoms, fairness and opportunity in this great county/country. In a community and integrated economy there is no such thing as a "nonessential" business/worker. All of our businesses and sectors are related directly, or indirectly to each other. If you start arbitrarily illuminating sectors or deeming one business essential and another not, not only is that a violation of Constitutional Equal Protection, but the community and economy crashes, as we have all suffered all the past year. The Counties' great surviving restaurants salons and gyms and other small businesses are following safety protocols, but are OPEN FOR BUSINESS, in "constitutionally protected survival mode," in justified defiance of the government stay in/shut down orders. I say surviving because already this year 60% of other restaurants, salons, gyms and other small businesses have shut their doors and are out of business. They are not making a political statement here, they are not saying that the virus is not a concern for the elderly and those with other serious medical co-morbidities, but in America we give our citizens the freedom and liberty to make safety and health choices for themselves. If you think going out is unsafe then stay in, you have that choice. But on balance hundreds of businesses are dying, thousands have already, due to arbitrary shut down orders, for a virus with a 99.98% survival rate. For the past three weeks, Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar, La Jolla and San Diego have been coming back to life. We have seen and talked to dozens of happy people whose lives are coming back to life. We had dinner last week at one of our members restaurants and talked to a group of six young ladies from Temecula who were glowing, giddy they could come down and watch the Carlsbad sunset and go out to dinner. For the past month we have seen life and health be restored to small businesses/ customers. In the holiday classic movie "It's a Wonderful Life" a loved family man and respected member of this community, George Bailey, contemplated jumping off a bridge, due to the financial stress of the holidays ... until his guardian angel allowed him to save him from jumping off that same bridge and in so doing showed George that he was important and meaningful. His friends and businesses in his town would be worse off, if it wasn't for him. He was in fact "essential," and so are all of the citizens you represent. If you do not follow the science, the law, and follow the humanity in this situation; the citizens/businesses you promised to represent and advocate for are going to have no choice but to have us, or another law firm like us, sue to protect their rights. These local governments are going to be exposed to hundreds of Government Tort Claims, followed by hundreds of lawsuits/class actions, and they will be factually/legally justified and because frankly, the business owners will have no choice. Their state and local governments have failed them, taken from them and destroyed their lives, this is not protection it is tyranny. Whether it is in a ABC due process hearing, or Court, it is the government that has the burden of justifying Constitutional right infringing orders and the government has no facts, science or evidence to meet that burden. -6 - Tammy Cloud-McMinn From: Sent: To: Subject: Gayle Tuesday, January 5, 2021 7:38 AM City Clerk Outdoor Dining If a restaurant is following the protocols set down by the CDC, please allow them to stay open for outdoor dining! Thank you, Gayle Arbenz Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Cori, Aaron Della Vedova Tuesday, January 5, 2021 9:19 AM City Clerk They're not the problem All Receive -Agenda Item# j_ For the Information of the: <;ITYCOUNCIL Date JI 5/~CA VCC - CM ..-'ACM .--i5cM (3) _,-- I have several friends who own restaurants and when they are shut down, what do you think all those employees are doing???? Not social distancing. They are getting together in large groups because they have I nothing better to do with their time because they have no job. With restaurants open, they are at least at work for 8 hours a day following strict PPE guidelines. This is a fact and can bet verified. For the record, I DO NOT support you or any other council members supporting the shutdown of our struggling local restaurants. It's a travesty what Gavin Newsom has done to the small businesses in this state. I'm proud of our local business owners for their peaceful protest of our governors ridiculous shutdown orders. You and every other council member supporting the shutdown of our local business should be ashamed of yourselves! How many similar emails have you received? Please listen to the people of this City! Lastly, it's easy to keep safe businesses closed down when you're still getting your full salary! Turn the tables for one moment and do the right thing. Restaurants are NOT spreading covid in a drastic or significant way. Aaron Della Vedova CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: Theresa Carpenter Tuesday, January 5, 2021 9:31 AM To: City Clerk Subject: January 5th Special Council Meeting I wrote this email on Dec 29th, received a reply but have yet to see it on the list of emails received. My neighbor Skip Allen also wrote an email and i do not see it either. Are there emails that are not uploaded yet? Theresa Carpenter Vice President of Operations Exotic Pebbles & Glass OUTDECO USA/Modinex 2045 Corte Del Nogal Carlsbad CA 92011 (760) 444-4190 phone (760) 444-3259 fax www.exoticpebblesandglass.com www.outdecousa.com www.modinexpanels.com ----------Forwarded message --------- From: Theresa Carpenter Date: Tue, Dec 29, 2020 at 8:39 AM Subject: Restaurants To: <council@carlsbadca.gov> To every member of the Carlsbad City Council and Mayor Hall~ I have recently found out that the council is going to try and shut down the restaurants in the Village again. I want to express my extreme displeasure at this, our precious businesses won't survive another shut down. Studies have shown that restaurants are not causing the uptick in cases of covid. I walk by every restaurant on State Street and Grand and see that they are sanitizing and following every safety measure that they have been instructed to do. I implore you not to shut our restaurants down. Sincerely~ Theresa Carpenter Vice President of Operations 1 Tammy Cloud-McMinn From: Sent: Briette Snook Tuesday, January 5, 2021 9:33 AM To: City Clerk Subject: WE SUPPORT SMALL BUSINESS Dear Honorable Mayor Hall and City Council, I do not support added reinforcement, added fines, and closing down small business.es. The restaurants and small businesses have all stepped up and adapted to the new rules for operating their businesses at this time, and the powers that be keep changing the requirements and making them harder and harder to adhere to. For example here are some rules and their responses: New Rule: All patrons must social distance for each other, Response: Ok, we will reduce our seating capacity to ensure social distancing and more outdoor seating. (nevermind the fact the restaurants make their money on how many people they can serve.) New Rule: No reusable anything (Side note, what about the environment???) Response: Disposable everything! Menus, to go containers, cups, condiments, table cloths, etc. New Rule: No servers, too risky Response: More trash! Everything is now packed up in bags and to go containers while you are still eating at the restaurants. New Rule: No indoor dining at all Response: More outside seating by taking over parking spaces. (I love this response.) In fact, let's close State St. to be a walk street and there can be even more social distancing. New Rule: Update HVAC to new standards Response: Done New Rule: Separate all dining spaces by plexiglass where social distancing is not possible Response: Done These businesses have put huge amounts of money and thought into updating their spaces to operate safely. It is unfair and unjust to keep piling more restrictions on them. If you feel safe enough to get in a car, then you should feel safe enough to go to a restaurant. And if you don't, stay home, that is your choice. We have 10 months of data to refer to now and none of it points to restaurants being spreaders of Covid. In fact, for most people, it is more dangerous to get in a car. Plus, the CA SUpreme Court ruled that there has been no evidence to support the closing of restaurants, along with the fact that in SD County the beds are not full or even near capacity, in fact, the beds reserved for COVID patients are not even being used yet. Are you all willing to give up your paychecks (and added bonuses) to support all those you are putting out of work? And where do you think money in this town will come from if a business can't survive? Please let us operate as free citizens and make our own decisions on what is best for our health and safety. Thank you for your time. Briette Snook 1 Tammy Cloud-McMinn From: Sent: To: Subject: G Gutierrez Tuesday, January 5, 2021 9:32 AM City Clerk Mandatory Mask Wearing rules I am writing to the City Council to demand the enforcement of mask wearing. Not only is it recommended by the CDC, but it is MANDATORY IN CALIFORNIA. We know of three friends who have died of Covid-19, and of several that have been infected. Our numbers keep rising. What is it going to take for the authorities of Carlsbad to enforce the law? Someone at City Government getting sick, or worse? I understand that businesses want to do business. But it is documented and logical that if things get worse, then business will suffer even more. There is an argument going around that masks are not 100% effective. It turns out they are effective enough that if everyone wore them, and did not gather in large groups, we COULD ACHIEVE HERD IMMUNITY with just those measures. Look at Taiwan and Singapore. I say let's listen to the experts. I say follow the California law. Thank you. German Gutierrez CDC Advice: • People age 2 and older should wear masks in public settings and when around people who don't live in their household. • When you wear a mask, you protect others as well as yourself. Masks work best when everyone wears one. • A mask is NOT a substitute for social distancing. Masks should still be worn in addition to staying at least 6 feet apart, especially when indoors around people who don't live in your household. California's mandatory mask rules Mask wearing in many public places is now the law of the land in California, thanks to action by Gov. Gavin Newsom this week. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Carrie Miller Tuesday, January 5, 2021 9:40 AM City Clerk Jan 5 Meeting-comment re: Covid enforcement As a Carlsbad citizen who owns my home and pays taxes and Melllo Roos here I would like to state unequivocally that I do not wish for any city funds to be used for the enforcement of any rules regarding Covid. As someone who has no skin in the game so to speak (I don't own, operate or in any way profit from the restaurant, small business or any similar industry) I would like to see the money used in a way that benefits our citizens not hurts them. Some examples ofthese: improvement of roads, trails, schools, etc. There are many ways to improve our city; finding ways to "narc" on one another is not one of them. Let's keep our city beautiful and let's respect our residents and small business owners. Respectfully, Carrie Schuessler CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Nole Short Tuesday, January 5, 2021 9:42 AM City Clerk Carlsbad city council In consideration of actions being debated in your upcoming meeting today regarding what action to take for Carlsbad businesses staying open and defying the health orders of the County and State. I would like to submit my support of these businesses staying open. These small businesses are trying to survive and support the many residents of this great community. It is the choice of their customers to go and buy from these businesses. The government does not provide enough support nor should they, when individuals do not get a paycheck due to closures. The city considering more enforcement and fines only make matters worse. Remember America is land of the free. The actions you are considering do not support freedom of choice. Please consider these businesses families and lively hood before you accept and approve taking more action against these businesses. There still has not been any data provided that shows individuals eating outside are a major source of spread as well. Make your decisions based on data (for the record, I have yet to see any politician use data for their decisions) on the contrary it has been more power and less based on fact. All the best, Nole Short Carlsbad resident of 25 years. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Andrew Serafini Tuesday, January 5, 2021 9:51 AM City Clerk Public Comment Re Agenda Item #1 The attack on small business is unwarranted. Cori Schumaker is actively attempting to further increase restrictions on businesses. Several studies have been published declaring the asymptomatic transmission of COVID-19 is impossible. In addition, a "surge in cases" is being driven by a PCR test that is 97% inaccurate and rendering false positives. Yet, we are targeting small businesses that are the bloodline of our economy, and the very people that elected to place Schumaker in public office. There is zero evidence that infections or outbreaks are taking place in small businesses compared to anywhere else including Costco, Walmart and other corporate giants. Schumaker should never be able to go into a small business again, and she should be limited to shopping at Walmart only. She can get her haircut and nails done there as well. Residents of Carlsbad should have the choice to shop and eat where they want as they understand the health risks. What happened to our Constitutional freedoms and rights as Americans?? A close look should be taken at Schumaker's contributors who helped put her in office. There is a bigger agenda here being driven by someone's motive to crush the lifeline of the City of Carlsbad -small businesses! Prayerfully and concerned, Andrew Serafini CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Elissa Edwards Tuesday, January 5, 2021 10:09 AM City Clerk Support restaurants, salons and gyms to stay open As a Carlsbad resident, fully support all restaurants, salons and gyms to stay open. With no scientific evidence that outdoor dining or salons have caused Covid numbers to surge, I believe it is not necessary to close down small businesses once again. They can't afford to keep closing all while they have done everything they can to open safely while complying with the the health department requirements to stay open. It is each persons choice to dine, go to a salon and gym during this time. Also, we should not have to wear a mask outside full time! This is getting out of hand. I understand indoors putting on a mask but, if you are 6ft apart outdoors, there is no need to wear a mask. Elissa Edwards CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: To whom this concerns, Brad Beren Tuesday, January 5, 2021 10:20 AM City Clerk Cori Schumacher; Priya Bhat-Patel ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEATH ORDERS My name is Brad Beren and I am the sole Sales Representative at Rouleur Brewing. We are a small, local, family-owned business who has worked hard to build strong relationships and we enjoy supporting our community in Carlsbad. We, as other small companies, have struggled during these unprecedented times, but have tried to adapt and adjust with every new decision passed down from law makers. During the first phase of lockdowns, we produced and sold hand sanitizer to the County of San Diego, Barona Fire Dept., Oliven ha in Water District and many other local municipalities and companies. We have continued to supply many local Carlsbad business with W.H.O. Hand Sanitizer during these times and a special thanks goes out to Chrstine from the Carlsbad Village Association for all her local support. With all respect, I believe this 'special meeting' is not the best use of the council's time and public resources. Time spent on planning vaccine distribution systems seems like a much better use of public resources. The science simply does not point toward outside dining being the culprit. Many restaurants, bars, etc have spent tons of money to build outside dining areas, cut capacities, and bent over backwards to clean, distance, adhere to safety guidelines, and provide good service; all while hanging on by a thread and laying off staff. Many big companies are doing very well while not taking any steps towards public safety. Meanwhile local, small business is suffering. Your decision here could wipe out much of the local business landscape. Why not take steps toward creating a safe and level playing field by enforcing restrictions on solely the 'bad apples' with the resources currently in place. Hundreds of local jobs, including mine, could be lost with increased enforcement instead of increased education. Again, resources spent on vaccine distribution and keeping business in compliance with health guidelines would be better. It appears the Council is spilt on issue a bit ... "However, this was only after our Council voted 2-2 on other proposed actions that included authorizing the use of administrative citations and fines." This is a pivotal time for the City Council. I urge you to side on SUPPORTING LOCAL CARLBAD SMALL BUSINESSES please! Brad Beren Sales Representative ROULEUR Brewing Company www.rouleurbrewing .com 1 Tammy Cloud-McMinn From: Sent: To: Subject: Gloria Foote Tuesday, January 5, 2021 10:22 AM City Clerk; Council Internet Email Meeting today re closing restaurants or not I believe restaurants and businesses should be able to remain open. Of course, one death is too many but the numbers of death as a percentage of the population is very small and is primarily those who have underlying conditions and are seriously overweight. The percentage of deaths from heart attacks and cancer has dropped proportionately with the rise in Covid deaths. It makes one wonder what is really going on here. The government shutting of small businesses is just wrong and damaging to so many lives -permanently. That Pizza Place of 43 years -gone. Bella D'Ora Spa of 16 years - gone. Suicides are up, depression is up, domestic violence is up, child abuse is up, poverty is up --the list goes on and on. If one is fearful or is compromised, they should stay home. If an employee is fearful of getting the vi rus, they should not work nor be forced to. The government, however, needs to stay out of it. The financial deaths are overwhelming -- jobs are lost, retirements are ruined, futures are being destroyed --all the while a great majority of people are recovering from Covid-19. Thousands of protesters across California and in other states caused hundreds of millions of dollars in damage -and it continues. Very few are arrested and even fewer are punished.--yet the government wants to close down small businesses and fine them for trying to save themselves. This government interference in the freedom of the people today is unconscionable! Gloria Foote CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Good Morning, Samuel Cournoyer Tuesday, January 5, 2021 10:27 AM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS My name is Samuel Cournoyer, and I work at Rouleur Brewing Company on El Camino Real in Carlsbad. I am writing with regards to toady's special meeting relating to the enforcement of the public health orders. Small businesses, the backbone of any local economy, are struggling to stay financially viable as we are trying to keep up with the ever-changing regulations. I, for one, believe that serving customers outside, in a socially distant manner, is safer than sending everyone home where they tend to gather in groups anyway. My job, and that of my colleagues, are ultimately threatened by the idea that every business should close down again. Please consider our well being in today's decision. Best Regards, Samuel Cournoyer Tap Room Supervisor ROULEUR Brewing Company www.rouleurbrewing.com CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 1 Mayor Hall and Carlsbad City Council Members, I ask you to enforce the county and state health orders and not embarrass our city by looking the other way while people flock to Carlsbad Village, assisting the spread of the virus and its mutations. We have taken a large financial loss due the shutdown and we don't own a bar or restaurant, but are doing are part. You must have code enforcement and Carlsbad Police show that we are taking the public health seriously. How embarrassing for Police Officers to stroll by people thumbing their noses at the laws they don't like that only hurt other Americans but maybe not seemingly invincible Carlsbad residents. We will be open better, stronger and much safer after a few short weeks of absolutely necessary mostly stay at home time. Let's get through to vaccine created herd immunity together. Sincerely Gary Nessim Kathy Kinane Carlsbad Tammy Cloud-McMinn From: Sent: To: Subject: Brooke Woolf Tuesday, January 5, 2021 10:33 AM Council Internet Email; City Clerk Code enforcement against restaurants & small businesses Dear City clerk and council members, I am a 30 year resident of Carlsbad. I am writing to implore you to leave small business alone. The arbitrary and medically unfounded shut downs have been crippling small business owners. They are following the guidelines and can operate safely. Dr Galli himself said there was no science behind banning outdoor dining but they did it anyways to change peoples behavior. Is this America? I say no. This limiting of freedoms is a slippery slope we are sliding down. These businesses are just as essential as Costco, Target, Trader Joe's, Stater Brothers, etc...why are they on the loosing side here? There is absolutely no reason why they can not be allowed to operate with the guidelines they observe! if these businesses can not operate, they may not be there when this is all over. This is not good for our town, for the business owners or for their employees. The impact of these closures are far-reaching. Have you taken a paycheck during the closures? If you have, you have NO IDEA what they are experiencing. Vast shutdowns requires NO leadership. It is lazy. Stop being lazy! Get creative, be supportive and allow these businesses to operate. If you can not allow them to continue working, you should not continue in your position of leadership. Your vote on this matter will be remembered well when we make decisions about your job at the ballot box in the future. Regards, Brooke Woolf CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, sandi blake Tuesday, January 5, 2021 10:33 AM City Clerk Enforcement of safety regulations in Carlsbad. I walk around Carlsbad wearing a mask but almost half of the other citizens, who are also walking, do not wear masks. I wonder if mask wearing could be enforced on the Boardwalk where there are a lot of people walking maskless as it is hard to social distance at some points. I don't think restaurants should be opened yet. When people eat and drink in restaurants without masks, the droplets have been shown to spread quite a distance very easily. In a South Korean restaurant, epidemiologists traced droplets from maskless diners that traveled 20 feet and infected other diners. (12/2020 LATimes article) Thank you, Sandra Blake Carlsbad 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear City Council, Torie Friesen Tuesday, January 5, 2021 10:39 AM City Clerk SAVE OUR JOBS I grew up in Carlsbad and have worked at several small businesses in the village throughout the years. My first job was as a hostess at Gregorios. The same people 15 years ago still work at these local favorite restaurants. If you were born and raised here you would understand how this village is a family and we support every business. Most of us have had COVID-19, vaccinated or are young and healthy. Let US make the decision whether we can eat at restaurants or not. We do not support your decision to shut down restaurants in the village. · Sincerely, Torie Friesen Sent from my iPhone CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Nancy Rocker Tuesday, January 5, 2021 10:40 AM City Clerk Closures in Carlsbad I would like to make my opinion known on the closures in Carlsbad. Why in the world can the big box stores stay open and be packed while you are closing down small businesses that need to survive. Everyone is intelligent enough to take their own self protection measures depending on their own risk. OPEN CARLSBAD! Best Regards, Nancy Rocker American Legacy Products, Inc. 2575 Fortune Way, Suite G Vista, CA 92081 760-599-0071 CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Craig Wooldridge Tuesday, january 5, 2021 10:56 AM City Clerk 01.05.221 Special Meeting Item #1 Please record my statements as it pertains to today's meeting: Item #1: ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS -Consider a request from Council Member Schumacher to adopt a resolution(s) under the city's emergency powers for increased enforcement of the public health orders, including administrative citations and fines. Specifically, (1) Adoption of a resolution adopting an Emergency Order requiring all individuals, businesses, and organizations in Carlsbad to comply with the State and County Public Health Orders; and/or (2) Adoption of a resolution issuing an Emergency Order mandating face coverings in certain high-traffic pedestrian areas of the City of Carlsbad. (Staff contact: Cindie McMahon and Allegra Frost, City Attorney) Comment: I do not support the persecution of our local business in their rights to make a living and create a community we can all enjoy. There is no rational reason to attack the hard working people of Carlsbad, who are being safe and considerate in the attempt to survive the overreach of a reactionary government. Carlsbad has an opportunity to become an example in a time and place where fear is the controlling factor. Let's be rational. Not just followers. Every decision in life is a calculated risk. I understood the initial hesitation of people in regards to this last year, but the math isn't adding up. A gross fatality rate of less than 1% is an acceptable risk for business. Last numbers I saw stated that restaurants were responsible for less than 3% of the overall infections. Where are the rest of the infections happening? What is the point? If it's to save lives, then put energy into a sector or an activity that has more of an impact. I do not want my tax dollars to be squandered on quelling a 3% infection rate that will not even make a substantial impact. If the point is to just enforce the dications of the governor, then I feel ashamed. I am ashamed that I live in a town that will not stand up for the things that my family has fought hard for over generations of service to this country. 1 January 3, 2021 Councilmembers Schumacher and Baht-Patel, Subject: Covid -Suspending Business Licenses I DO NOT support your efforts regarding any enhanced control over restaurants, salons and gyms! I overwhelmingly support safely keeping businesses open! Every citizen has the constitutional right to decide what it right and safe for themselves. I have not let Covid stop me from living life; I'm more cautious and responsible and it's MY choice. Our businesses have suffered enough! Restaurants have gone far above and beyond what many retail operations have done, and frankly, I feel even safer at restaurants then I do at Costco, CVS, Target or Sprouts. IF you choose to continue advocating enhanced control (which could be a death sentence for your next campaign) then it should include all operations including Costco, grocery stores, drugs stores, liquor stores, every and all businesses! To single out restaurants, salons and gyms is discriminatory. I'm no epidemiologist, but I've asked three of my doctors about Covid numbers and all three have said that more people die annually from the flu then Covid. (Have you noticed there are no charts/graphs/statistical comparisons of Covid and the flu?) I am extremely angry that you would even call for such action and a special meeting to consider this. My experience leads me to believe that you've never run a FOR-PROFIT business before - perhaps you're na'ive but I don't really think so. My intuition tells me that your efforts regarding this issue is political hoping for some type of political favor in return in the future. Leave the businesses alone and focus on community outreach and educations instead! Jill Agosti Carlsbad, CA 92010 CC: City Council Tammy Cloud-McMinn From: Sent: To: Subject: Molly Alexander Tuesday, January 5, 2021 11 :34 AM City Clerk Let outdoor dining stay! mfilll Hello, I am a Carlsbad resident who lives in District 1 and I am opposed to enforcing the outdoor restaurant restrictions. I believe it is unfair to the restaurants and their employees and that they can continue to operate safely and effectively outdoors. I also believe that closing restaurants would encourage many more indoor gatherings with no regulations in place. People will always gather-they just will. Please let us do it safely while supporting our local businesses. Thank you. Molly Alexander Tammy Cloud-McMinn From: Sent: To: Subject: Tim Hart Tuesday, January 5, 2021 11 :38 AM City Clerk; counsel@carlsbadca.gov Local enforcement of county ban on dining at restaurants. Everyday I hear of another restaurant going out of business. This is a direct result of policies that restrict dining at their establishments. The effect on the owners and their families can be devastating, often causing bankruptcy and poverty. What are the accurate stc3tistics on people contracting covid-19 while dining outside at socially distanced tables in Carlsbad? Do you even know? I doubt if you can document a single case . So please use logic and do not buy into emotional scare tactics when making life changing decious for our business owner neighbors. Especially do not put our police or code enforcement officers in the uncomfortable position of causing their neighbors to close down and lose their ability to earn a living. Doing so reminds many of us of another time in history that did not turn out well. So my wife and I ask you to vote no on local enforcement to show that Carlsbad is an independent city making its own informed decisions and not just blindly accepting the state and county excessively restrictive guidelines. Tim Hart A carlsbad senior, a resident for 20 + yea rs CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sheri Luongo Tuesday, January 5, 2021 11 :40 AM Sent: To: City Clerk Cc: Cori Schumacher Subject: Keeping Businesses Open Dear Cori Schumacher, Carlsbad City Council & ALL Concerned, I am NOT in support of any further action enhancing enforcement against restaurants & salons! These restaurant owners have gone through great steps & financial hardships to make their restaurants safe to operate! There is NO REASON they can not open & seat patrons a safe distance apart inside or outside. Most of the restaurants in the Village have outside seating, have walls that open to the outdoors 50% or more with fresh air flow. It is unacceptable to close or limit them any further. Below are just a few factual reasons why: 1. There are still hand dryers that blow air all over a tiny room in bathrooms in an effort to dry wet hands located in bathrooms in Home Depa, WalMart, Costco etc. & these places remain open with these blowers that could transmit flying cough or sneeze molecules in a way more dangerous fashion. 2. The middle seat on an aircraft can now be occupied & planes are still flying. One cough or a sneeze & the entire cabin can inhale that air. 3. Hotels & Vacation Rentals are fully operational. WHO knows what happen in that room an hour before a new booking! 4. Clearly Newsome was not worried about the virus attending his Gala & Pelosi went to her salon when we could not. There is NO POLITICAL PRIVILDEGE here! 5. I watched as thousands of protestors walked by my house from the Pier into the village with NO social distancing, limited masks & basically on top of one another why law enforcement stood by doing nothing. Where was the "ENFORCEMENT" there? If Protestors have more rights then your local business owners, clearly there is a larger problem here! I would like an explanation of how that was ok. These restaurant & salon owners are Carlsbad's Local Heartbeat & members of our Community! These local business owners have supported our city for decades & they employ tons or our residents! They promote our city, they generate revenue, they have complied & they have adhered to imposed restrictions over & over again. They have lost money, they have spent money, incurred the expenses of partitions, purchased antiseptic cleaning products (which quite frankly are probably doing more harm then good) & restricted opening with limited hours ..... These local business owners employ our children, our family, our clients & our friends. Limiting them anymore will not only destroy them, it will destroy our community. You will destroys lives, ruin families, you will force your own residents to loose their homes which will result in upset & you will force people out of the community! The village will be left with even more abandoned buildings, restaurants & businesses will be forced to close. Taxes will NOT get PAID, Foreclosures will be a looming cloud over the city!! YOU will desimate & destruct our community! PLEASE LEAVE THEM ALONE~ Let them RE-OPEN & stop imposing restrictions. LET "WE THE PEOPLE" make OUR own decisions. How is touching the key pad at stores inserting a card & again to input a pin & again to sign ok? How is shopping for groceries at Vons, Costco, picking out veggies at Trader Joes or Smart & Final and hoping on a plane or shopping at Home Depa NOT an issue? We are old enough & adult enough to go out & eat or stay home! We are big enough to make our own decisions & we are fed up & done with the political power & control. Every day is a challenge. Facts state Only 1% of people die from this virus. We have more risk of dying getting in a car every day. 1 Tammy Cloud-McMinn From: Sent: To: Subject: michael ajdour Tuesday, January 5, 2021 11 :42 AM City Clerk; Matthew Hall; Priya Bhat-Patel; priya.bhatpatel@carlsbadca.gov; Keith Blackburn; Teresa Acosta; Neil Gallucci; Celia Brewer; Scott Chadwick Fw: Jan 5 2021 special council meeting -please include my comment in the public record Please include my comment I sent Sunday. Perhaps the city clerk is overwhelmed, so will also email individually. Thank you. Sent from Yahoo Mail on Android -----Forwarded Message ----- From: "michael ajdour" <michaelajd@yahoo.com> To: "clerk@carlsbadca.gov" <clerk@carlsbadca.gov> Sent: Sun, Jan 3, 2021 at 2:09 PM Subject: Jan 5 2021 special council meeting -please include my comment in the public record Dear Council & Mayor, We are ali products of our own experiences. Has anyone else commenting here both owned a restaurant & worked ICU nights, including Christmas? I have. A trattoria in Lacey, Washington. Christ Hospital in Cincinnati. Let's appreciate the fact going into 2021 that the 5 of you voting, the city manager, the city attorney, the police chief, every resident commenting, and the city clerk (who is probably grateful she doesn't have to read resident comments aloud anymore!) is a product of different experiences. And wow,are you going to hear about them. But ... the experience that matters is this: how many people need a North County ho~pital bed for covid after eating in a Carlsbad Village restaurant? THAT SHOULD BE QUANTITATIVE. Meanwhile, every day more residents I know either get the vaccine or test negative after a mild case of covid without treatment. Let them keep restaurants afloat as we live our lives unless that other number is high. I could tell you a lot of antidotes about ICUs,restaurants and which of my relatives, neighbors, or colleagues had covid, but the experience that matters in your decision is really just based on that number. No one I know got covid eating in the village. Please leave the partisian political posturing out of it. All the best, Julie Ajdour 1 Tammy Cloud-McMinn From: Sent: To: Subject: teri bowers Tuesday, January 5, 2021 11 :44 AM City Clerk; Council Internet Email Agenda Jan 5, 2020 Good morning, I have heard you have called a meeting to discuss the enforcement against restaurants, gyms and salons who are practicing their constitutionally given right to peacefully protest. · I do not support closing these businesses, I support safely keeping businesses open and people employed. There is no data that shows the spread of covid19 is linked to outdoor dining (or even indoor for that matter). We have been on lockdown since the beginning of December and cases have skyrocketed. Locking down the State is just forcing people to lose their sources of income and businesses they have worked so hard to keep. It has done nothing to stop the spread. Please listen to science and the constitution to allow these businesses to keep operating safely. Thank you, Teri VanDalsem CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Kira Linberg Tuesday, January 5, 2021 11 :52 AM City Clerk Call from William Hardy I received a call from resident William Hardy who would like his comment entered: "Please don't shut down all our restaurants. We'll go bankrupt. In fact, some are already going bankrupt including one that's been in business since 1972. I think we can accommodate both sides. I'm looking for our council members to come to a compromise, not a lopsided decision. I know it's hard to do nowadays, but that is what I'm seeking." 1 Tammy Cloud-McMinn From: Sent: Enchanted Seashells Tuesday, January 5, 2021 11 :55 AM To: City Clerk Subject: RE:Covid Enforcement I'm adding to the email I sent yesterday: I just had a video appointment with my doctor and she said everyone needs to pay attention tci the numbers. Covid and the variant is not something to ignore. Her advice is that everyone should stay home. We don't have enough vaccines here in San Diego County for medical staff, definitely not enough for all of us. It is a DIRE situation. She believes we need a full lockdown. I've never seen her so stressed. This is not a joke. A few days ago, her husband's best friend got Covid, within 12 hours he was dead because there was no one in the hospital that could attend to him. These are not scare tactics-this is our reality. Info like this from a doctor should help you make the right decision not only to ENFORCE but to return to a complete lockdown if people don't respect the guidelines to keep us safe. Rosanne Bentley CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Angelique Walters Tuesday, January 5, 2021 11 :57 AM City Clerk Counsel meeting of 1/5/2021 My names is Angelique Walters and I have owned my family business for 26yrs in The Carlsbad Village. My two sisters and I have worked very, very hard to create a thriving, warm, professional business that helps support our Carlsbad Village Community. The last 11 months has been tragic for our small business, like many others in Carlsbad and the Country. I am writing to implore you to reach into your minds and hearts and put yourself in our situation. We have followed ALL the rules throughout the mandates from the governor of California ... our family salon that we have given our lives to, to support OUR families, to put food on the table, and to keep a roof over our family's head, is becoming increasingly difficult. Just think if you, as city counsel members, \1,/e forced to close your offices three times over, no dates for reopening until the last minute in all cases, and NOT being paid I. That means no money to cover your health insurance, your mortgage or rent, your car payments, being scared you won't be able to put food on your table for your children at home, and then ask yourself why so many of our small businesses are trying their best just to survive?! It really is the case ... it's tragic, and it needs to come to an end. All department stores, liquor stores, marijuana dispensaries, Home Depot, Lowe's, Costco, Walmart's are open ... see it from our eyes as small business owners just trying to survive, once again, after altering our business's to the NEW MANDATED CODE. We HAVE followed all the rules .. it's sad .. DO NOT IMPOSE ANY FINES ON ANY BUSINESS THAT IS OPEN FOR BUSINESS. THEIR FAMILIES AND THE FAMILIES OF THEIR EMPLOYEES DEPEND ON THESE BUSINESS BEING OPEN! Sincerely, Angelique Walters Entourage Salon Inc Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: eloy Cortina Tuesday, January 5, 2021 11 :58 AM City Clerk enforcement options for the county health order In listening to previous plans for enforcement of the county health order the main focus has been on education. We understand this stance and agree that positive reenforcement is always preferable but we are now into over a year with the pandemic and instead of gaining some control it is running rampant in our communities. We believe a stronger approach is necessary. It is disgraceful that our community members are flagrantly disobeying the law and very frustrating that the law is not being enforced. The frustration of businesses being closed has touched us personally as we have two sons who each have restaurants and the closure is causing great financial stress. That said, they are closed for only take out and delivery as the law allows. It seems very counterproductive to allow those who break the law to prosper while those who do not suffer. By allowing those businesses to stay open it has emboldened others ignore the other rules such as wearing masks and distancing. We would strongly urge the city council to take a stronger stance on enforcement using what ever it takes to get these businesses to comply with the law and perhaps come up with ways to reward those who do. Our lives are literally at stake and it is your responsibility to protect us. Sincerely, Joyce Adams, Eloy Cortina CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Kira Linberg Tuesday, January 5, 2021 11 :59 AM City Clerk Call from Nina Collier Carlsbad resident Nina Collier called to say that she does not support closing the restaurants, rather she would like to keep them open safely. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear City Council Jennifer Medansky Tuesday, January 5, 2021 12:01 PM City Clerk Resturant Ordinance I do not support the ordinance of closing the Carlsbad resturants/businesses. There is no data that suggests that closing these resturants and businesses Would improve our health or decrease the critical care units in our hospitals. Carlsbad infection rate of COVID is really low and most infections occur in large family gatherings. You might want to review the facts again. Sincerely, Scott and Jennifer Medansky Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Kathy Arms Tuesday, January 5, 2021 12:05 PM City Clerk Restaurants in carlsbad My family and I want restaurants and small businesses in Carlsbad to remain open and not be penalized for trying to keep their business afloat and employees employed. By closing these businesses, I hear of more families hosting others in their home which is where the majority (75%) of outbreaks occur. Restaurants accounted for less than 2% of the community outbreaks but they are bearing the brunt of the strict controls. Follow the science. Restaurants are taking better precautions at keeping people safe than the public does in their own home. Look for solutions to support businesses rather than just say "no". These businesses have spent a lot of their own money to accommodate the new guidelines and it's not fair to punish them because the governor continues to change the rules. Kathy and Darrell Arms Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 January 5, 2020 via email To Carlsbad City Council members considering Ms. Schumacher's proposal to increase enforcement of public health orders: There is no evidence that COVID will not be a part of our world any time soon. There is also no evidence that everything that we have tried up until now is working -masks, social distancing, closing businesses down, etc. • There is very strong evidence of severe financial hardship for the business owners and their employees who have been mandated to shut down; • There is very strong evidence of severe mental health issues caused by social isolation, economic insecurity, disruption of routines, uncertainty about the future, depression, and anxiety; • There is also evidence of other problems associated with distance learning, domestic violence, loss of health insurance due to loss of job, undiagnosed diseases, poverty, mal-nutrition, etc. It is time for the government to stop trying to scare people into compliance. IT IS NOT WORKING! The narrative needs to be changed into one of personal responsibility. I know that smoking causes lung cancer, so I don't smoke; I don't need the government to force businesses to stop selling cigarettes. I know that not wearing a mask and gathering in public places increases my risk for COVID, who doesn't at this point? If I don't want COVID, I don't go; I don't need the government to force businesses to shut down so that I won't go. With personal responsibility comes choices. And the place for government should be in allowing those choices, not fining otherwise good law-abiding people. If someone doesn't want to go back to work in a restaurant or other public space because they fear for their family's health, then the unemployment package, EBT availability, job finding programs, and other resources should be made available to make those choices. I challenge our Council to be forward-thinking and change the narrative. It is insane to try enforce the rules that haven't worked up until now and think that things will improve. Let's think outside the box and get people back to work safely in an environment that gives people choices about how much risk they are willing to take. We know so much more about how to treat COVID now than we did nine months ago. It is NOT a death sentence for EVERYONE, just like the annual flu is not a death sentence for everyone. Sure, nobody wants to get it, but when we do, most of us feel horrible for awhile and improve our strategies for not spreading it, making it worse, or getting it again. Less than 1% will die from it though. In San Diego County, there have been 1,598 deaths out of a population of 1.426 million. That is one-tenth of one percent. And the death rate is less than 1% of the 171K people who have been reported positive for COVID. Yet, how many people are suffering from unemployment, mental health issues, domestic violence, food insecurity, poor education, other untreated diseases, etc? And now throw these senseless fines on top of that and you are still doing NOTHING to combat the problem. Do NOT pass any ordinance for more closures and restrictions. Instead, start the dialog for how to encourage everyone to make good choices and put programs in place that allow those choices to be made. The choices should encourage good health, goof nutrition, getting to work, not being socially isolated, going to school, access to medical professionals, financial security, etc. I don't have all of the answers but I know that what we have been doing so far is NOT working. I encourage you to think outside .the box. Deb Beddoe Carlsbad,CA 92011 Carlsbad Homeowner since 1998 Carlsbad Business Owner since 2010 Tammy Cloud-McMinn From: Sent: To: Subject: To Whom It May Concern: Jacqueline Cowan Tuesday, January 5, 2021 12:07 PM City Clerk January 5th special meeting This email may arrive too late for the special meeting. However, I feel that sending this message is still important to preserve our community. I am writing to plead that you help our city of Carlsbad stay unique and special. We need to keep our small businesses open, particularly the restaurants that are demonstrating proper cleaning and hygiene practices. If operations of smaller businesses continue to be stifled, our beautiful Carlsbad will turn into a generic town and we will lose the wonderful people that reside here. The values .of our properties and livelihood will deteriorate. Carlsbad is special. .. please help keep it that way. I hold a doctoral degree in the medical field and I understand statistics and numbers. I also understand that transmission via restaurants is minimal. It is not worth sacrificing our beautiful city to cave into political pressures based on policy decisions made by people who claim to be following "science" but who are really following the media and peer pressure, not on risk based assessment decisions-HUMAN HEALTH RISK ASSESSMENT-not case numbers. Each time you get into your car you are taking a risk .... you are taking your life in your hands. Every person that cycles on the 101 is taking a risk that they may get into an accident and end up in the hospital. I'm not saying that contracting Covid-19 is not a real concern. However, I think citizens should be able to make their own choice to engage with businesses that are following the appropriate protocols. If the big box stores and construction companies can stay in business, I don't understand why properly hygienic small businesses need to be punished. Please protect our city of Carlsbad and allow businesses to remain open with safety precautions in place; wash hands, maintain social distance, and wear a proper face covering. Thank you for your time. Regards, Dr. Jacqueline Cowan CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hi, Jodi Squires Tuesday, January 5, 2021 12:11 PM City Clerk; Council Internet Email Re-Open Carlsbad Please consider no enforcing of outdoor restrictions on outdoor dining, parks etc They follow the safety protocols set by the cdc. This is just ruining our city. The schools need to re-open for our kids, sports need to re-open for our kids, parks need to re-open for our kids! Restaurants need to be able to operate outside and so do hair salons and nail salons. Let them open up outside or within a tent. There are ways to live with the virus and we need to start doing just that! It is basically the flu, seems like no one remembers what it is like to just get the flu anymore. This is so overblown! Re-open Carlsbad!! Jodi Squires CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Matthew knutson Tuesday, January 5, 2021 12:12 PM City Clerk Restaurants Hello, my name is Matt. I live in Carlsbad. Please let the restaurants stay open. At least outdoors seating. We need to have a place to eat and get out of the house. These people need to work and serve the community. Thank you Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Resident 92008 sixteen years Carey Hermanns Tuesday, January 5, 2021 12:12 PM City Clerk Item 1 for meeting 1/5/2021 3pm Single mother of 19 year old former student K-12 Buena Vista, Valley, graduate straight A's CHS 2019 Senior Citizen Mother third member of household Restaurant/Bar Manager 92008 twelve years Carlsbad Village Restaurants have gone above and beyond accommodating the wonderful people of our community; ensuring their safety, following every protocol, and supporting social distancing with ramped up no contact delivery through five different online resources. Shutting us down is not an option in this New Year with so many of us praying for our jobs and our livelihood on a daily basis. Allow restaurants to function as safe spaces. Our customers do NOT want us to close and daily offer us gratitude for peacefully protesting against the mandate to not have on site guests. We are a part of the normalcy of their lives. I do believe that it would cause quite a bit of unrest in your citizens if you forced restaurants into Take Out only. You would force closures throughout your city in valued establishments that simply just can not exist on to go food, and, in turn, also force them to lay off or terminate employees that can not afford to live in this city on unemployment. That sounds like a horrible equation. Thank you for your time and consideration. Sent from someplace in Paradise CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Matthew knutson Tuesday, January 5, 2021 12:12 PM City Clerk Restaurants Hello, my name is Matt. I live in Carlsbad. Please let the restaurants stay open. At least outdoors seating. We need to have a place to eat and get out of the house. These people need to work and serve the community. Thank you Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: -----Original Message----- Manager Internet Email Tuesday, January 5, 2021 12:15 PM City Clerk FW: COVID 19 From: JULIE STAVROS Sent: Tuesday, January 5, 202112:04 PM To: Manager Internet Email <Manager@CarlsbadCA.gov> Subject: COVID 19 Dear City Manager, I am a long term Carlsbad resident and I wild like to find out why Carlsbad restaurants are open for patio dining if there's a "A Stay At Home Order" for takeout and delivery only. Why isn't anything being enforced? California is currently the number one deadliest state for COVID because no one is enforcing these rules. The restaurants are packed, no social distancing, and hardly any masks. Then you have the crowds walking along the beach boardwalk without masks. Are we allowing Carlsbad to get as bad as LA? Please do something to protect the residents of this beautiful town. Thank you, Julie Stavros Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Jean Isbell Tuesday, January 5, 2021 12:15 PM City Clerk City Council meeting 1/5 Dear Council members and Mayor Hall, I am opposed to citing businesses, restaurants for remaining open and citizens not wearing masks or socially distancing. These state and county mandates are unconstitutional. Enforcing them in Carlsbad is also unconstitutional. This "pandemic" is not actually a pandemic since by definition a pandemic has a mortality rate between 4-10%. Stats show a death rate from covid at less than 1%. Wearing a mask is dangerous to your health. Our rights and freedoms are being taken away when the government can tell us where we can eat, shop, who we can visit or have into our homes, whether we can go to church, how far to stand from each other and that we must wear a mask at all times. I am in favor of education on how to build your immune system with exercise, losing weight and supplements like zinc and vitamin D. We have real issues in Carlsbad that need to be addressed and using our resources to enforce a lockdown by a soon to be recalled Governor is wrong for Carlsbad. Thank you, Jean Isbell, RN retired and lifelong resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hi, Mora, Ann Marie [US] (AS) Tuesday, January 5, 2021 12:16 PM City Clerk Jan 5, 2020 -Special Council Meeting COVID Enforcement options (Carlsbad Restaurants) I'm a local resident here in Carlsbad. I believe that those restaurants that have remained open (peacefully protesting) and fully respect the COVID guidelines for outside dining should be able to remain open. I realize these are scary times health-wise and economically. I am very cautious and respectful of our state mandates and wear a mask, social distance and wash hands (soap & water whenever possible as well as hand sanitizer -with me at all times). Our numbers won't look good due the careless, selfish individuals that decided it was okay to go to big family gatherings/parties without masks, social distancing and being inside. I only had Thanksgiving & Christmas with my immediate family (my two kids & grandbabies whom are mostly the only people I socialize with) and did not participate with my sisters & brother and their families. I was sad, however, it what is needed to be done. I have gone to our local restaurants and safely enjoyed meals and drinks at their outdoor dining during the shutdown. I go only to the restaurants I know that fully follow the guidelines and I would say most in Carlsbad follow them. Please allow those places to remain open and only address those places that don't fully respect our situation or the guidelines. And why not address all the people walking around NOT wearing masks wheh that is mandated? They will be the reason we fail and not the restaurants that follow COVID guidelines! Do you think I like taking a walk outside along the coast wearing a mask the entire time? I don't but I doit. Good people and good businesses will be hurt by making a choice against them. Sincerely, Ann Marie Mora ANN MARIE MORA I Principle Electrical Engineer Northrop Grumman I Aeronautics Systems 0: 858-618-3221 I C: 858-312-0649 I annmarie.mora@ngc.com CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Madison Messerly Tuesday, January 5, 2021 11 :04 AM City Clerk Restaurants in Carlsbad As an employee working in a restaurant I've been feeling increasingly uneasy about the decision to remain open. On one hand I need a job in order to pay bills and if I turn down the work I won't qualify for unemployment. However being one of the only cities to remain open. We have visitors from all over coming in. Not just from Carlsbad. I've had people from Temecula, Florida, New York. And the vast majority of customers as of late have been "anti-mask" or believe the virus is a hoax. As an employee who has already tested positive for covid and had to quarantine because of working in a bar/restaurant. I think something needs to be done or enforced. If we are to remain open then health measures need to be enforced. Masks, social distancing, checking temp at the door etc. I also completely understand why these small businesses have decided to remain open. Many of them won't survive another open ended shut down. This is also how I make my living and am able to pay for my home and bills. I strongly believe that something needs to be done to make employees of these restaurants feel safer and more secure going into their jobs. I wish to remain anonymous. I don't want any repercussions at my place of business for reaching out Sent from my iPhone 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Hi Council, Bob Purcell Tuesday, January 5, 2021 11 :06 AM City Clerk teresa.alcosta@carlsbadca.gov Jan 5, Item #1 Administrative Enforcement of Public Health Orders Thank you for taking the time to review what.is a hotly contested matter. If we decide to enforce the public health orders I believe that its only fair and consistent to enforce the public health orders uniformly across the board in all the other high density areas, not just outside dining spaces, and "The bluff and Village Green" and with cyclists and runners along the bluff, not just walkers. But also, at Batiqituos and Buena Vista Lagoon-where being six feet apart is a physical impossibility, and virtually no one wears masks on those tight trails. And at town beaches during high tides where most adults do not manage or discipline their younger children. An important point to stress is that wearing a mask and staying 6 feet apart will be even more important with the new, heavier vial load strain from Britain, people's enjoyment of public spaces without obeying the rules is selfish, not a mandated individual right and puts other people's health at risk, with the distinct possibility of causing death. Thank you The Purcell's Carlsbad, CA CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Honorable City Council, Yvonne Finocchiaro Tuesday, January 5, 2021 11 :06 AM City Clerk Restaurant Ordinance I do NOT support the development of a new City Ordinance to fine restaurants for being in business during this Covid- 19 environment. Citizens have the option to participate in a restaurant or small business environment. Our restaurants have taken an enormous "hit" on their financial books during 2020. They already follow all health- related elements to be a safe environment, so if individuals choose to participate, that is THE CITIZEN's responsibility and OPTION. Businesses in Carlsbad should ALL BE OPEN. Those citizens who are vulnerable or scared for some reason should stay home. Businesses keep this City and its financial coffers afloat ... you are looking a gift horse in the mouth. Rather than a new ordinance to fine open businesses, your time would be better spent (and city income improved) if you worked to SUPPORT LOCAL BUSINESSES. Wake up. This is an attack on the logical. Yvonne Finocchiaro Carlsbad, CA 92011 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Barbara and Co, Thank you for your time. Mark Knodle Tuesday, January 5, 2021 11 :11 AM City Clerk; Laurie Knodle Re: Jan 5 City Council: Agenda Item 1. ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I sent this commentary in this morning, and would like it posted for the City Council Meeting this afternoon. Can you please confirm receipt and let me know if it will be posted? If not, why not? Thanks. God Bless America and the City of Carlsbad . . -Mark . On Tue, Jan 5, 2021 at 9:26 AM Mark Knodle > wrote: I respectfully submit the following to be read by the Carlsbad City Council prior to the Jan 5th Meeting: Aloha Cori (and Council), As a fellow surfer you must respect the right to be able to surf any surf break you want. Whether it is a shallow reef, a rocky point or a crowded line-up, the choice is, and should be, yours. You, and you alone, assess the risk and make the decision if and when to paddle out. , If you do not want to take the risk ... then simply do not go out. Going to a Carlsbad Restaurant should be no different. You, and you alone, assess the risk and make the decision if you want to go to a restaurant or not. If you do not want to take the risk ... then simply do not go out. We need to find pragmatic solutions to our problems, and that means dealing with things sensibly and realistically in a way that is based on the "practical", like masks and social distancing, rather than "theoretical worst case" scenarios like shutdowns. Your roles as City Council should be to support our constitutional freedoms and choices while promoting our local Carlsbad businesses: Not shutting them down. These businesses and their employees simply cannot survive further shutdowns, and the ripple effect will be felt broader across our local economy for years to come. 1 Tammy Cloud-McMinn · From: Sent: To: Subject: Fred Briggs Tuesday, January 5, 2021 11 :22 AM City Clerk Comments for January 5th City Council Meeting TO: Mayor Hall and Carlsbad City Council Members I wish to enter the following comment to the record for this afternoon's City Council Meeting. Contrary to the opinion of some, the coronavirus pandemic is real. It's not a bad cold spreading in our community; we are in a real war with a deadly enemy. Currently, our country is threatened with losing more lives to COVID than all of our combined combat losses in World War II. A war is terribly inconvenient -it is also nasty, brutish, ugly and randomly destructive. It's a fact that local small businesses -especially bars, restaurants and tourist facilities -have taken the brunt of COVID's artillery bombardments so far. Money has been lost and people are getting desperate. But 350,000 Americans have been killed, many by being suffocated to death. Those are real people, not just inconvenient statistics. And now the enemy has upped the conflict with the more virulent and transmissable "British Variant". This is NOT the time to relax or tacitly ignore public health requirements. It doesn't take a genius to look at the Village restaurants operating in defiance of the restrictions and see that sufficient separation to eliminate community spread is impossible to achieve. What do the words "NO GATHERINGS OF ANY KIND" mean to you? Yesterday the UK admitted they are losing the battle and locked the entire country down tight until at least mid-February. Given our disgraceful disregard for common sacrifice during wartime, the same fate awaits us. As a governing body, think harder about other means to assist threatened local businesses. Allowing continued violation of both science and common sense means you are randomly choosing innocent victims to be sacrificed in order to protect certain business interests. Fred Briggs CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Melody Ramirez Tuesday, January 5, 2021 11 :22 AM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS Hospitality businesses should not be fined. As long as they are following the state recommendations, they should be open to the public outside. Thank you . CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Karen Saunders Tuesday, January 5, 2021 11 :27 AM City Clerk ITEM #1 I am amazed to see that citizens of Carlsbad are supporting business to stay open during a critical covid spread. Tri City Hospital is backed up with overflowing covid patients. Why is the City Council supporting irresponsible behavior by allowing group congregating at restraunts and no masks on our streets? My life is being endangered by a city ignoring state and national health guidelines. Please do the right thing and protect us! Karen Saunders Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: -----Original Message----- Manager Internet Email Tuesday, January 5, 2021 12:17 PM City Clerk FW: COVID snitch police From: Jennifer Utley-Santa Maria Sent: Tuesday, January 5, 202110:14 AM To: Manager Internet Email <Manager@CarlsbadCA.gov> Subject: COVID snitch police I do not authorize the city of Carlsbad to use my taxpayer money to fund a snitch police. Please use the funds for Grants for the small businesses that have been destroyed by the unconstitutional lock downs. Please do what's right as our rights are being violated. Jennifer Utley-Santa Maria Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, James Nelson Tuesday, January 5, 2021 12:19 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS My name is James Nelson, I am an employee at Rouleur Brewing Company. We are located at 5840 El Camino Real, in between Faraday and Palomar Airport Road. I am writing in regards to your meeting scheduled for today, January 5th, 2021 at 3pm, pertaining to the enforcement of public health gu idelines. I am asking that you consider the impact enforcing these laws will have on small businesses such as ours. I have been lucky enough to have had work throughout this whole pandemic, albeit less when we are fully shut · down, but work nonetheless. We have operated safe ly during this time, including sanitizer in multiple locations throughout the building, an area for people to sign their names in case of a positive test from a customer or employee, outdoor spaces out seating, and enforcing mask and distance guidelines. During the pandemic we have invested heavily in making our location as comfortable as it can be in accordance to the public health guidelines, such as heaters, patio tables, lighting, and canopies. The frequent changes have made it increasingly hard for our company, and we have done everything possible to stay on our feet and keep our heads above water. We have had a large decrease in revenue, even with help from the state and federal governments. Allowing us to stay open would help us stay in the green. So I ask that you consider the possibility of allowing us to remain open in a safe way that won't risk further health concerns. Sincerely, James Nelson CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear City council, Julie Baker Tuesday, January 5, 2021 12:19 PM City Clerk Meeting today While we all appreciate the gravity of COVID infections it is shame to contribute to the demise of local restaurants when there has been no scientific evidence to prove that outdoor dining causes infections. These local businesses have worked hard to comply with sanitary guidelines. It seems unfair to allow stores to be open but not outdoor dining. I don't understand Councilwoman Schumacher's desire to harm businesses in her district under the guise of . complying with state rules that unfairly single out a sector. Julie Baker District 1 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern Robert Blasier Tuesday, January 5, 2021 12:17 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I am writing this brief message in regards to the meeting today Tuesday January 5 regarding the enforcement of public health orders. The information that I have read shows no data linking outdoor dining with rises in COVID cases. Outdoor dining if done in a safe way is sustainable. I do not understand why events like the Wednesday Farmers market on State street are ok but out door dining on that same street is not. The density of the crows at the Wednesday Farmers market is much worse than the outdoor dining patios on the same street. Many of these small restaurants and businesses can not survive a shut down. They are faced with a decision of do they shut down because of State County and Local orders and go out of business for good never to re open, or ... Do they ignore the order. And stay open anyway. If they are shut down by government order they will never re-open anyway so what do they have to loose. These small business have invested a lot of money in trying to establish safe outdoor dining environments. They are not the cause of the Covid case rise. This has become a political issue not a scientific one Please save the spirit of Carlsbad. Put your self in their shoes. Use common sense not politics Thank You CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Elizabeth Knapp Tuesday, January 5, 2021 12:28 PM City Clerk; Diane Rivera My e-mail to the city clerk re todays meeting We Need to be United, not Divided I have been a resident in Carlsbad for 25 years at 2813 Via Clarez. Covid-19 has attacked the world, our country, our county and our town in ways that have caused more pain and suffering than I could ever have imagined. I personally have not experienced what others have and are still experiencing . I have experienced tragedy, trauma and extremely difficult times in my life. I do know how difficult it is to lift oneself up and out of a situation that seems impossible to overcome. I need to share my feelings about Covid-19 and how Americans are dealing with it. My trigger at this point is the war that is raging between our businesses in this town and Covid-19. Note how I said the war, and then I said Covid-19. The war is not between our City Council or the Governor of our state or even between the maskers and the anti-maskers. The war is between the people of this wonderful town who are fighting for their livelihood and Covid-19. Covid-19 is the enemy. Also, why am I calling this a war instead of a simple disagreement or misunderstanding? I am calling it a war because innocent people are being victimized by both factions. We are ALL innocent victims of Covid-19. The news stories are not making our town look very good to the public. The restaurant owners who are standing up and speaking are more brave than I could ever be . I am so impressed by their conviction and their passion in regards to the fact that the numbers do not support the closing of their businesses. These business owners truly believe that if they are forced to close again they will not be able to recover. I understand that fear, of not being able to recover, I also understand that Covid-19 and the new more contagious strain needs to be stopped in its tracks. The only way that is going to happen is if we shut down our communities and ask the residents who are fighting this war tooth and nail, to please see that this has to be done. The countries that have successfully stopped the spread, like Australia, New Zealand, Thailand and others did just that. They closed the doors of all the businesses and provided what was needed for all to survive through that difficult time . Maybe some did not survive, certainly the people who have died in our country have not survived. I get very emotional when addressing this issue, because I am having a difficult time understanding why our citizens, in Carlsbad, and in America, cannot unite against this enemy. My parents often talked to me about WWII and how everyone came together to fight the enemy. Long time family owners of factories were put out of business, millions of people were unemployed, hundreds of thousands of our soldiers died in order to fight for the Constitutional rights of the citizens of the USA That is why the businesses of this country have a right to protest the closing of their businesses. My question is, do they have the right to stay open against the health orders that our leaders believe will stop the spread. These health orders are kind of like the order that forced all residents, small businesses and big businesses to turn off their lights at night during WWII. In many parts of the United States that seemed rather silly, but the citizens were all in it together. I take it personally that the businesses in my town are not taking care of me. I take it personally that the businesses that think they cannot overcome an 1 Tammy Cloud-McMinn From: Sent: To: Subject: Anakarina DeAngelis Tuesday, January 5, 2021 12:34 PM City Clerk IMG_ 1569.png I heard that the city is holding a hearing to decide to have a special force of covid enforces, or snitches is the better word I believe. This is a horrible infringement of our personal liberties and I vehemently disagree. How can you possibly even think this is a good idea? This is what Germany did to the Jewish population, and to think you are even considering this is unbelievable . What gives you the right to do this? I'm a doctor who has my dental practice in Carlsbad and I live in the city as well and I'm pretty bummed right now about this . Let me tell you something. Im making my plans like hundreds of thousands are doing to leave this overtaxed, communist California it's becoming. Rules, regulations just never stop and we have had enough . How about giving this money to the business' you have caused financial harm rather then this ridiculous, heinous rule? One more thing, take a look at graph below. Lockdowns do NOT work. Look at the science . Science does not lie. Open states are faring much better then closed states. Think about what you are proposing here, it's WRONG!!!!! CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Mayor, Council, City Staff, Teri Jacobs Tuesday, January 5, 2021 12:38 PM City Clerk 1/5 Meeting Item 1 What a divisive issue our community is dealing with. I am shocked by the name calling and ended friendships this pandemic has caused. Whatever you decide today ... no one wins. As someone who is in the Village almost on a daily basis I feel extremely safe. Maybe not everyone is wearing a mask but people move out of the way and maintain safe distances. Restaurants that I have visited seem to be following very strict operating procedures. Please keep our businesses open and allow us to make decisions pertaining to our own well-being. Here is hoping for a Happy and Healthy 2020, Teri Jacobs Carlsbad Resident Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Jeff Segall Tuesday, January 5, 2021 12:38 PM City Clerk Scott Chadwick Restaurant Ordinance -Special Meeting Dear Mayor Hall and Members of the City Council: I am writing to ask that the Council take a serious look at not fining and enforcing the State's prohibition of restaurants who are serving the public during the COVID pandemic. The premise for my thoughts is that one size does not fit all. For all communities in southern California to be put in the same category is bad government. Los Angeles County should not be put in the same category as San Diego County, and regionally, Carlsbad should not be treated the same as Chula Vista or San Diego. But that is exactly what the State's restaurant prohibition is doing. As I understand it, Carlsbad has one of the lowest COVID infection rates in the County, despite being a natural magnet to the rest of the region because of our beaches. I'm sure there are many reasons for this, but I can't help but think that the aggressive communications efforts from day one of the pandemic by City Manager Scott Chadwick and his staff have had a significant impact for this positive outcome. Our restaurants have borne the brunt of the closings and openings and closings. Many have spent hundreds of thousands of dollars to make both indoor and outdoor serving arrangements to remain in business and to serve the public. In fact, eating out may be safer today than it was a year ago because of all of the additional safety precautions restaurateurs have taken. Our police department needs to keep our streets safe from criminal behavior and handle emergencies such as traffic accidents .... and not to be out citing law-abiding businesses and individuals who are trying to make a living. As a past Chairperson of the Board of Directors and decade or more as an active member of the Carlsbad Chamber of Commerce, I have seen that our community succeeds because of our businesses and the impact they have on our City. Using a one size fits all approach is not in the best interest of Carlsbad. My theme as Chair of the Chamber was Unity in Community. This is what we need now more than ever in our community. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Adrian Glover Tuesday, January 5, 2021 12:43 PM City Clerk Enforcement of Covid restrictions My congratulations to Carlsbad city county for addressing this important situation. Here in Oceanside almost 50°/o of the restaurants and bars have opened for inside and outside dining even though they know it is against the rules. Hair salons, Barbers on every corner and Tattoo parlors are open from dawn to dusk seven days a week. Live music and gatherings are happening every night and seniors and normal people are afraid to go out in. case they get infected. The Marines from Camp Pendleton tend to be non mask wearers, and they walk the street each and every weekend, while the homeless sleep in almost every doorway. I fully support Carlsbad for taking a stand, Ocean side is the Wild Wild West and they are determined to have us die sooner, Rather than later. They ask us to support Black Live matter, I would ask they respect and show senior Live matter also ! Respectfully submitted Adrian Glover Adrian J. Glover e-mail message is intended only for the named recipient(s) above and is covered by the Electronic Communications Privacy Act 18 U.S.C. Section 2510-2521. This e-mail is confidential and may contain information that is privileged or exempt &om disclosure under applicable law. If you have received this message in error please immediately notify the sender by return e-mail and delete this e-mail message &om your computer..:. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ms lizzee Tuesday, January 5, 2021 12:44 PM City Clerk Possible duplicate To be read at today's council meeting Please read this comment during the meeting regarding Increased Enforcement of Covid Rules. Dear Council, First I want to thank Cori Schumacher for the great newsletter that highlights the greater good for all. So encouraging during these stressful times. Thank you for your assistance with the Fairy Trail. I do not recall a councilperson ever being so available & helpful for so many different resident concerns. I support increasing enforcement of pandemic rules in our community. At the beginning ofthe pandemic when everything was closed, I think the Council will agree, our community was holding steady on outbreaks. But there was (and is) an under the radar group of people that were still gathering, ·maskless in public. Vacation rental homes were booked by vacationers. Then Memorial Day & Independence Day came & the county started to open up & the numbers spiked. I live in the beach area on a dead end street. Since it is close to the beach & parking at the beach was prohibited, dozens of cars lined both sides of the narrow street. The police were dispatched often (as I am sure they were all over the beach area) but groups of cars full of people would drive up & walk past the police officers onto a private road on the way to the beach of lagoon. Groups of teen kids would walk by & packs of kids on motorized bikes. The numbers continued to spike. Everyone thinks the rules do not apply to them. All the groups were maskless. The house parties were endless. The vacation homes that were supposed to be available only to 1st responders were continually booked by party vacationers. The numbers spike. Now holidays came, the numbers spike. Truth is our community does not do a good job at social consciousness & self control. Add the out of area tourists, and the pandemic is out of control. Now News channels air endless horror stories of the LA outbreaks & hospital shortages & tragedies, SD county ER's & ICU's are at capacity, the accounts of long term covid disorders. AND now we have the covid variant that is more contagious, is a faster spreader. So sad & scary! I am hoping the Council be heroes & will take steps to protect the community by creating enforcement for covid rules. We are so close to the end of this nightmare, we have a vaccine! Now is not the time to be lax about safety regs. Shelter at home, stay in your bubble, wear a mask & social distance when you are out, care about others And regarding dine in restaurants, something no one mentions is that dine in guests meet their friends that are not really in their bubble, eating & talking maskless. And since they are literally sitting on public sidewalks that exposes airborne particles to many pedestrians. Lack of business is not killing us, Covid is Please protect Carlsbad, enforce the covid rules Elizabeth Banks Carlsbad beach neighborhood resident. Sent from my iPhone 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Frank Sung Tuesday, January 5, 2021 12:44 PM City Clerk frank sung; Robin Sung Jan 5 Special Meeting on Enhanced Enforcement Dear Carlsbad City Council Members -Thank you for meeting to discuss whether "enhanced enforcement11 is required in Carlsbad. YES .. let our City be business friendly and yet, firm in following the State and County medical directives! (A) We need to be good citizens of the broader community (beyond Carlsbad city limits) that we are part of ... and be part of the solution to this pandemic by following the State/County directives. (B) We need consistency in our response so that business owners who comply are not being harmed/disadvantaged because others want to protest the health orders. (C) Let's double down on supporting our small business owners .. example: maybe come up with an incentive for anyone who spends money with our restaurants. They need to survive all this and the rest of us need to help. · Let's rise above focusing on our 'rights' and be united in focusing on our 'responsibilities'. Frank & Robin Sung, 18 Year Carlsbad Residents/District 3 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Mario Kirk, PhD Tuesday, January 5, 2021 12:46 PM City Clerk Covid restaurant closings I understand the reasoning for reducing restaurant operations due to Covid numbers. However, their is delicate balance at play when it comes to our small local restaurants being able to remain open with their ability to operate being reduced so much. I am in favor of letting them retain patio seating at least as long as they are adhering to increased safety measures. Mario D. Kirk, PhD Registered Psychological Assistant PSB#94023546 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Good afternoon, Melissa & Mark Blevins Tuesday, January 5, 2021 12:51 PM Council Internet Email City Clerk January 5th Special Meeting I first, want to thank all of you for your service to our wonderful city. I have seen on Nextdoor that there is a special meeting you will be holding this afternoon regarding enforcing local restaurants to NOT open their dining rooms or patios to patrons. I completely agree and hope something is rectified to have these 'certain restaurants' be held accountable for doing so. My family and I occasionally take drives in our car around the village when we get bored and have noticed the NUMEROUS restaurants that are serving food and drinks to patrons inside and outside of their restaurants. Some are packed! This is unacceptable and selfish during the most crucial time ofthis pandemic! These restaurants serving patrons right now are continuing the spread of the virus. They can be open for takeout and follow the rules like other respectful restaurants are doing. My husband works for a resort and their restaurant is only offering takeout. They are following the rules, why can't these other aforementioned restaurants in the village follow the rules? Everyone has been affected by Covid in some certain way. Why should these 'certain restaurants' feel like they are superior to everyone else and not follow the rules and only be open for takeout? If they do not follow state mandated rules, then the spread of this serious virus will be never-ending. Thank you again for your service and taking the time to read my email. Respectfully, Melissa Blevins (Carlsbad homeowner) Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: Luanne Galizia Tuesday, January 5, 2021 12:51 PM To: City Clerk Subject: Carlsbad Businesses non-compliant Dear City Council: I ask that you take this complaint into consideration at today's meeting: email sent today: Chief Neil Galluci, Carlsbad Police Department Dr. Wilma J. Wooten, Public Health Officer, County of San Diego Dear Chief Galluci and Dr. Wooten: I am writing to report multiple infractions of the "Order of the Health Officer and Emergency Regulations" effective December 10, 2020. Chief Galluci -"This order shall be enforced by the Sheriff or chiefs of police pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029." Previously, on reporting this to dispatch at the Police Department, I was told that the Carlsbad Police was not enforcing any of these infractions and that the County District Attorney was in charge of enforcing. Dr. Wooten -Almost all of the restaurants in the Village of Carlsbad are not abiding by these guidelines. If you take a walk or ride throughout the Village, you will notice the following, however not limited to, restaurants defying this order. Vigiluccis Seafood -3878 Carlsbad Blvd Vigiluccis Cuccina 2943 State Street Dini's Bistro 3290 Carlsbad Blvd (indoor dining observed) Daily News Cafe 3001 Carlsbad Blvd. The Compass 300 Carlsbad Village Drive Gonzo Ramen 300 Carlsbad Village Drive Gregorio's 300 Carlsbad Village Drive Clara Bar and Bistro 300 Carlsbad Village Drive Naked Cafe 300 Carlsbad Village Drive Swami's Cafe 2780 Carlsbad Blvd. There are MANY, MANY more, and I will update as I can. TriCity and Scripps Encinitas Hospitals are FULL. Someone must enforce this. I personally have recently lost 2 family members to COVID, and I am appalled at the lack of enforcement shown by elected officials. What part of the deadly virus do these people not understand? I see Carlsbad Police officers pass these business establishments daily, and no one appears to be enforcing anything. I have lived in Carlsbad for over 40 years. I cannot visit the Village at all since these irresponsible businesses crowd out the responsible ones. I cannot access my shops in the Village Faire because the walkways are crowded with tables that 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Carlsbad City Council, Gabbie Mestemacher Tuesday, January 5, 2021 12:52 PM City Clerk The Jan 5 Special Meeting on Enhanced Enforcement of Health Orders Carlsbad has been my home for nearly 30 years now and I have seen a lot of changes in that time -but I always felt safe, until now. I believe in the rights of people to protest but NOT at the expense of public safety. My family has followed all advice from the first moment of this pandemic; canceling all travel, working from home, only going out for essentials every couple weeks, and only first thing in the morning. We haven't even seen our children, much less friends or other family members. Elective medical and dental has all been put on hold. And as much as I would love to go out and have a nice dinner on the town, all of our purchased meals have been take out. I am saddened by the financial impact this pandemic has had on our businesses and restaurants but I strongly object to those individuals and businesses who think it's ok to flaunt the rules when lives are at stake. It is my opinion that these public safety rules should apply to all members of society and I urge the City Council to take effective measures to stop the unsafe practices of individuals who continue to "protest"; who won't wear a mask or who allow group gatherings or seated dining at their place of business. Respectfully, Gabrielle Mestemacher PS; My husband and I are increasingly concerned with the surge in e-bikes on our roads, trails, and beaches during covid. These appear to be inexperienced cyclists riding what is essentially a moped with no understanding of the danger they present to others, or of the rules of the road or trail etiquette. I have observed a number of close calls between e-bike and pedestrian, e-bike and bicycle, and e-bike and car. My husband is a long time cyclist and randonneur and he and I both rode licensed motorcycles and volunteered with the National Motorcycle Patrol to provide on track emergency first aid at Northern California AFM and FIM races . I do hope that this will be discussed at a future meeting as it too is a public safety issue in my opinion. I am especially concerned that there will be a dangerous accident if this isn't properly addressed. Thank you. CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Drew Coalson <dcoalson@sdar.com> Tuesday, January 5, 2021 12:53 PM City Clerk Item 1 for 1/5/2021 Please allow the Carlsbad Restaurants to continue to safely serve the community! There have been a number of business to go under from the previous closure orders, please no not allow this to continue! There is little to no concrete evidence that restaurants are the source of transmission. In fact according to the data release by PBS (https://www.kpbs.org/news/2020/dec/21/covid-19-outbreak-locations-san-diego-county/) there appears to ,have only been on reported outbreak in the village at Park 101 on October 14/2020. (See attached as well). Please please please don't allow the fear to continue to kill off businesses in 2021 that have struggled to survive 2020 .... Drew Coalson Tammy Cloud-McMinn From: Sent: To: Subject: Shanthi Lackey Tuesday, January 5, 2021 12:57 PM City Clerk Fw: City council meeting 1/5 > I am a Carlsbad resident, voter and homeowner for the past 15 years > Please support our local restaurants and businesses that want to stay open safely. > Please enforce safety measures outside dining, masks, 6ft apart between tables and no large groups. > I think it would be safer to leave restaurants open that adhere to the precautions. > If everything closes people will have more dinner parties and gatherings inside their homes with people outside the household. > Please allow the businesses to be part of the solution. > > > Sincerely > Shanthi Lackey > > Carlsbad CA 92008 > CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Casandra Tompkins Tuesday, January 5, 2021 1 :24 PM City Clerk Agenda Item #1, Special Mtg, 1/5/2021 -Please Read into the Record Dear Mayor Hall, councilmembers, City Attorney Celia Brewer, City Manager Scott Chadwick and the Carlsbad Police Department: I am writing to express my opposition to re: restaurants in Carlsbad allowing indoor & outdoor dining during the State's "stay-at-home" order. I am, however, am avid supporter of buying takeout from locally owned restaurants including stocking my freezer with their food. (I will not, however, walk through a crowded restaurant with unmasked diners in order to pick up my takeout order.) Much of the outdoor dining includes the temporary dining areas in the parking spaces in the Village and strip malls around Carlsbad that are often separated from the restaurant by the public sidewalk. If the City of Carlsbad continues to allow dining outdoors, how will the pedestrians walking on these public sidewalks be protected from the diners who have removed their masks in order to eat? Concerned, Casandra Tompkins District 2 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Tucker Setterberg Tuesday, January 5, 2021 1 :25 PM City Clerk Re-open all business . There is no science proving what you claim, Cori. Quit trying to kill small business and quit trying to put people out of work. Last I checked, you politicians haven't missed any paychecks, so shame on you to have the audacity to think you can tell people they can't go out and make a living. If you don't feel safe outside, then you are the ones who should stay home. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: RICKARD BORG Tuesday, January 5, 2021 1 :27 PM City Clerk City Counsel Meeting 1/5/21 Dear Mayor Hall and the City of Carlsbad Council I send this email as I have fears I may not be able to speak today due to the competition for time. I wish to make a couple of points for your consideration I am a lawyer who has practiced in the VILLAGE of Carlsbad continuously since 1977. I have also conducted several non law businesses. I am a redeveloper and landlord. Considering the current crisis I submit the following: 1. We are in a war that threatens both life and business at stake. So far we are not doing well in this war as it has taken the lives of more than WW2 and Vietnam combined. 2. While we cannot scoff at the law, in war time we have to deal with the immediacy of the front line as their is no time to bicker of how we got there. 3. In our city and more particular the village there has been a situation of protests which raises controversy over laws or orders of the Governor which are now challenged and unsettled law. 4. Do not rush down the minefield road without investigating having a good idea of the true facts. In this regard I suggest a fact finding task force 5. Bail out but not in the since of writing a blank check but rather assist in searching what has worked in other cities and calling on volunteers maybe thru the task force to help business with work out agreements and such other needs of business. Yes maybe some small loans and maybe that could be by Save our businesses group. I do know lawyers, Doctors and other personal service businesses are failing if not going out of business. Some need some coaching. This would in the barn raising type spirit 6. Take realistic stock of what we can do: A. Criminal Citations? Even if we could lawyers would continue the cases long past the cure date. C. Civil suits? Again you will get your remedy in a few years. E. Investigate the true facts and advise of the risk to the citizenry. DISSEMINATION OF FACTS to me to be the facts combined with maybe an injection and negations with the Governor as to the precautions put in place to protect his legitimate interest in saving lives. The churches 1 Tammy Cloud-McMinn From: Sent: To: Fred Brende Tuesday, January 5, 2021 1 :28 PM City Clerk Subject: Fwd: Special meeting on January 5th, 2021 From: Fred Brende Sent: Friday, January 1, 202110:43 AM To: Cori Schumacher <Cori.Schumacher@carlsbadca.gov> Subject: Special meeting on January 5th, 2021 Dear council members, It has been brought to my attention that you have scheduled a special meeting on January 5, 2021 to decide if enhanced enforcement will be used against restaurants, salons and gyms who are facilitating our constitutional right to peaceful protest as enumerated under the first amendment, and the equal protection clause of the 14th amendment. These truths were further affirmed in the Supreme Court case of Edwards v. South Carolina (1965). I have run a small business and lived in Carlsbad Village for 25 years. My ties to this community go back to the 1980s. I have made many relationships with both residents and small business owners over the years. In the past I have voted for the both of you under the belief that you value our quaint little village and support small business. Forcing more small businesses that haven't closed yet will subvert this goal. The closure of Koko Beach amongst other small businesses are a local tragedy and detracts from the feel of this sleepy beach town. The reality is no evidence exists that keeping these businesses open in a safe sanitary manner causes danger to the public. In fact the research in New York says the exact opposite. Since California and New York have similar lock down rules it would be safe to say the evidence is applicable here too. Governor Cuomo's own contact tracing research indicates that 73.84% of recent covid infections occur in the household, while only 1.43% occurred in restaurants and bars and a whopping 0.14% came from salons. (https://ny.eater.com/2020/12/11/22169841 /restaurants-and-bars-coronavirus-spread-data-new- york). In other words, without any public options to eat, socialize or obtain other services at safe, sanitary locations, people invite guests over to their house and create covid Petri dishes which are not sanitary, have overcrowding, and don't use social distancing. Additionally these lock downs have other unintended consequences including increased suicide rates, domestic violence, increased alcoholism, and drug overdoses. For example, in San Fransisco, 180 additional people died this year of drug overdoses, while 173 died of the corona virus. That does not include the additional 2,610 potential overdoses prevented through the use of Narcan. (https://abcnews.go.com/Health/wireStory/overdose-deaths-outpace-covid-19- deaths-san-francisco-7 4823530). Lastly, Carlsbad has a relatively low number of infections compared to other parts of the county-the county wide infection rate average per 100,000 is over twice the rate as Carlsbad. (https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/COVID- l9%20Daily%20Update City%20of%20Residence.pdf). 1 Tammy Cloud-McMinn From: Sent: To: Subject: Liam Hyland Tuesday, January 5, 2021 1 :28 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS To Carlsbad City Council Members, As a very concerned citizen, I'm very opposed to Councilwoman Schumacher's request to use/divert city funds to enforce this particular public health order related to COVID. Fortunately, we in Carlsbad, have not been as severely impacted health wise by the effects of COVID. It has also been noted by several health agencies that restaurants with outdoor seating are not areas where we've seen significant spread of the respiratory condition. It boggles the mind to think that we would divert funds paid to the city by its resident tax payers to then enforce mandates that largely are not necessary based on actual data and common sense. Keeping people in their homes and away from socially responsible interaction with others where we know health is improved through said interaction, exercise, and being out in this beautiful environment where there has been very little documented spread is contrary to leading a healthy lifestyle. In addition, many of our local 200 small restaurants and related vendors to those said businesses are at risk of going out of business and some of those productive local businesses have already left the community. This will have a large negative economic impact that we will not be able to quantify in the short term and will adversely change the face of this "Village by the Sea" going forward. Many business owners with whom I have contact are working to just stay afloat and have dumped life savings into these businesses during these trying times. The fact of the matter is .... if masks work and social distancing truly work (on top of knowing that outdoor dining is not one of the causes of the spread of COVID), why do we need to do any other enforcement than what all of these compliant businesses have all worked hard to enact to protect "public health"? Keeping people restricted to their homes, shutting down businesses by pulling their licenses to operate or by using policing to enforce more restrictive mandates (than what we've been told should be working already like masks and social distancing), and ruining the lives of local business owners and their employees, many of whom are tax paying residents here in Carslbad, will have a much larger negative long term impact than COVID could ever have on our community. Ask yourselves, if you were in their shoes, what decisions would you make and how would you proceed given the actual health and economic facts, especially, as a small business owner and an actual resident of Carlsbad I urge you all to spend your time, efforts, and use our tax dollars on more pressing issues .. Thank you, Liam Hyland CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Colleen Cabey Tuesday, January 5, 2021 1 :28 PM City Clerk Outdoor dining Please allow businesses to provide for their families and their employees. There is very little Covid transmission for outdoor dining -the people who don't want to dine outdoors can stay home. Colleen and Jim Cabey Carlsbad 92009 Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, nlynn6 Tuesday, January 5, 2021 1 :29 PM City Clerk Code enforcement I would like to put my opinion on record that I believe any enforcement of open restaurants should NOT happen. Let these businesses try to survive. Open restaurants have not shown any increase in cases; we are going to lose them permanently. If you don't want to go there ... don't go. Please DO NOT vote to adhere to this martial state. Thank you, Natalie Lynn Carksbad resident 30 years Sent from Natalie's iPhone. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Vanessa Hackney Tuesday, January 5, 2021 1 :31 PM City Clerk; cori.scumacher@carlsbadca.gov; Priya Bhat-Patel Brandon Hackney Agenda Item 1. ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I would like to state that as a Carlsbad resident, I do not support Council Member Schumacher's request to adopt a resolution for increased enforcement of the public health orders. Respectfully, I disagree with this proposal and I find it outrageous that these elected officials, while continuing to receive a paycheck find it within their jurisdiction to mandate whether or not constituent has the ability to make a living -quite frankly it is unconstitutional. We have not been shown any evidence that in person dining is causing any spikes in cases of COVID-19. There is no reason I should be allowed to go into a costco, stater brothers, home depot, etc. where there are no limits on capacity -where items are being handled by people not within my household and then not being sanitized, and at the same time, I cannot go out to eat at a restaurant, with a limited number of people handling my food while following guidelines for safety. I understand people have concerns about COVID transmission through various means, and I would agree that anyone who feels unsafe eating out at a restaurant should refrain from doing so, but it should not impede on my rights as a free citizen. I hope that this resolution is rejected and Carlsbad continues to allow business to remain open, safely while keeping these hard working Americans employed and off of government assistance. Vanessa & Brandon Hackney CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Kara Diakoulas Tuesday, January 5, 2021 1 :35 PM City Clerk Agenda Item #1 -restaurant closures Dear Sir/ Madam at City Council: It has been brought my to attention that Council Member, Cori Schumacher is seeking additional enforcement of closures for restaurants within our Village community. While this is not only unjust, it is going against what our beautiful country was built on -freedom. While COVID-19 is real and is running through our communities, it is not at the fault of our restaurants that it is spreading. True facts and data show no correlation between restaurants and the mass spread of the virus. In fact, a mere 1.3% of the spread is linked back to restaurants. This leads me to believe that the only reason a shut down of so many small businesses within the Village is wanted, is to give people less options to go out and congregate. Factually, data has proven that the largest spread of the virus is within peoples' homes, at a 70% spread rate. Restaurants provide families and friends a safe, sanitized, and regulated area to eat and drink. Logically, this seems like a better, safer option than keeping people at home. Not only would shutting down these small businesses directly harm our Village as a whole, but it causes a domino effect of job losses deeper than what may be realized. As we know by now, most restaurants cannot sustain on a to-go only operation. This would give restaurants no choice but to shut down, some permanently. Restaurants employ a multitude of people from hostesses to dishwashers to cooks and so forth. Furthermore, there are the distributors that provide goods services to the restaurants, which personally, is where I fall. Our incomes have been slashed in half or more and will continue to drop with a shut-down of these restaurants. As a recent cancer survivor, my medical bills continue to pile up and my income continues to decrease. I do not ask for help other than to continue to allow me to provide for myself and my family through work. Thank you for your time, Kara Diakoulas CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Council Members, Tuesday, January 5, 2021 1 :37 PM City Clerk All Jobs Are Essential -Keep Carlsbad Open Carlsbad small businesses are dying and families are suffering because many of our residents cannot work. ALL JOBS ARE ESSENTIAL. OPEN THE ECONOMY NOW and let people work and live. Let's build a greater Carlsbad that we can once again be proud to live in. Those who fear the flu have the freedom to stay home or wear a mask but they DO NOT have the right to tell us what to wear on our faces. They DO NOT have the right to restrict our ability to work. They DO NOT have the right to close our businesses and take away our livelihood. Let freedom ring -let Carlsbad be an example! Sincerely, Steven Minnaar Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Susan Hargis Tuesday, January 5, 2021 1 :38 PM City Clerk Todays meeting-Restaurant concerns Small businesses are drivers of economic growth and employ nearly half of the people in California. I stand firm on the idea of restaurants being open in Carlsbad for the following reasons: If I can sit on the city bench and eat I can eat at a restaurant. I am allowed to eat on a city bench, park, beach and to gather at any of those places. If I can go to a mall, grocery store, walk at the beach or down a street. I should be able to eat at a restaurant. If I can eat at someone's home, I should be able to dine out. These restaurant owners have complied with rules and regulations that have been instructed by the CDC and have spent a tremendous amount of money in working doing so. There have been less than 1 % of cases in all of the country where there is a connection between Covid and eating out at a restaurant. People can make their own decisions of whether to go out or to stay home. We are intell igent people and it is common sense if you are sick stay home. We don't need someone to make them for us. It is NOT the city council's job to decide if restaurants are to be open or closed. I am outraged to think that you have any jurisdiction in deciding on this matter. If you feel scared or afraid or have underlying conditions you should stay home where you are comfortable. People who are not sick and want to support our economy are doing just that. God bless Them! Kindest Regards, Susan Hargis CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Cory Ramsey Tuesday, January 5, 2021 1 :44 PM City Clerk Agenda Item #1 for Special Council Meeting on 1-5-21 I greatly support enforcement of the health order and guidelines. I have family members who currently are suffering from covid. My uncle is on maximum life support and struggling to survive as I type this. At the same time, I do understand the need for people to continue making money to survive. From what I read on comments that have already been submitted, the largest complaint seems to be just this. Instead of battling the 'known- to-work' guidelines put in place, I'd propose a discussion on how we can further enable these businesses to thrive during this time. This isn't the end of the world, but it is a very serious health matter that should be taken seriously. It will not be 'willed' away by pretending it doesn't exist. What I'd like to see as a solution to this issue is, again, enforcement of the health regulations, first and foremost. Furthermore, starting a dialogue on what the city can do to encourage use of these restaurants via delivery and enable these businesses to thrive. I previously managed 7 restaurants in LA, OC, and SD counties. I know the struggle as much as anyone at turning a profit, even pre-covid times. Grubhub and Doordash services are great, but not so much to businesses. They have pretty ridiculous fees to a business owner. Without spiking prices up to crazy levels, the fees largely made it at-cost or even at a loss in a lot of cases.This is a big turn off both to consumers and businesses, but comes at a time when we need it most. I don't know exactly what the city could do to encourage or support deliveries and contactless food, but I think it is a worthy topic to get opinions and act on. If this health order is not enforced, my fear is that a lot of people will take this as a "win" and will proceed to another level of defiance. Please enforce the health regulations. Cory Ramsey CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Karen Cavanaugh Tuesday, January 5, 2021 1 :47 PM City Clerk Fining small businesses I do not agree with fining small businesses or police fining citizens for not wearing a mask. No more police funding for this! Small businesses have suffered enough! Thank you, Karen Cavanaugh CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Steven Grady Tuesday, January 5, 2021 1 :45 PM City Clerk Input Regarding Enforcement of County COVID 19 Rules My name is Steve Grady and my wife and I own Sub Zero Nitrogen Ice Cream at 201 Oak Ave . in Carlsbad Village. I wish to provide a few brief comments on today's meeting and the issue in general. I suspect our view will run counter to many restaurants in Carlsbad. Like other restaurants, we have experienced the pain of COVID restrictions. Our revenue in 2020 was significantly down from the prior year. That said, we are deeply concerned about the health of our community and understand the need for the rules the state and county have put in place and believe they should be enforced. To not enforce these rules is not only dangerous and may cost lives, it is also not fair to those businesses that are abiding by the rules. All you have to do is walk down the street in the Village to see this disparity. We urge the Carlsbad City Council to consider these issues carefully. There are grants and PPP loans coming in the next several weeks that are designed to get us through the Winter to a point where vaccines have been given to most citizens. It is the responsibility of City officials to protect its citizens above all other concerns. Thank you. Sincerely, Steve Grady Owner Sub Zero Ice Cream CAUTION: Do not o en attachments or click on links unless you reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Rick Stiffler < Tuesday, January 5, 2021 1 :47 PM City Clerk special city council meeting 1/5/21 As a resident of Carlsbad, since 1967, i would like to submit a comment, regarding the COVID19 dispute. I walk the streets in my neighborhood with a watchful eye, knowing what's been going on here. Between Jefferson St and the downtown area, I see an utter disregard for public safety, by over 2/3 of the population. The vast majority of the violators are between 20-4Syrs of age. i am over 65 with comorbidities, in the form of Type 2 diabetes and hypertension. I think its obvious to me that selfishness and insolent behavior rule the day. The reckless behavior, of so many, is endangering the public safety of our citizens. The rationale of these malcontents, they're my civil liberties, has no legitimacy what-so-ever. It's time for this city government to abandon the lassis faire posture and impose a policy with real consequences. The dissenting gentlemen members of the city council, need to stand up to the violating business owners. You are entrusted to keep the citizens safe, from criminal behavior, as opposed to molly coddling these self-centered morons. Reconsider your opposition to a face covering mandate. Since these derelicts, running around in our town, can't be trusted to do the right thing, then you'll have to make them. Also, step looking the other way when these restaurants are putting profits over life and limb. Be brave and do the right thing. Rick Stiffler CAUTION: Do not o en attachments or click on links unless you reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: FYI below. Dan Sweeney Tuesday, January 5, 2021 1:47 PM City Clerk; Council Internet Email Fwd: I do not support your harsh and damaging lockdown plan! ----------Forwarded message--------- From: Dan Sweeney < Date: Mon, Jan 4, 2021 at 12:32 PM Subject: I do not support your harsh and damaging lockdown plan! To: <priya .bhat-patel@carlsbadca.gov> Hello Pria Bhat-Patel: With all due respect, I DO NOT agree with your proposed harsh and damaging lockdown plans. I DO support safely keeping business open and allowing Carlsbad citizens to support them. Please reconsider your current agenda. Best regards, Dan Dan Sweeney Carlsbad citizen for over 20 years CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Tuesday, January 5, 2021 1 :50 PM City Clerk Agenda 1. ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS How dare you consider unnecessarily hurting our village businesses? What kind of Village feel is this? Sent from my iPhone~ Val CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Garrett Cypher Tuesday, January 5, 2021 1 :51 PM City Clerk Agenda Item #1 -January 5th meeting public comment To the Mayor and City Council Members of Carlsbad, Happy New Year all. An extended (albeit virtual) hand of thanks to each of you for your service to this city. Our ideas and policy may differ amongst us but I do appreciate the continued effort each of you continues to display to benefit the people of Carlsbad. To be frank, I have never been compelled to get involved in council meetings, or politics in general, until quite recently. am 27 years young, a lifelong Carlsbad resident, and it has come to my attention that this special council meeting today revolves around an idea to increase enforcement of Covid-19 public health orders released by the County, City and State. It's been one hell of a year ... l believe we can all admit to this. Whether you have been affected by the virus itself or from the consequences of economic strain, it's clear that this country has suffered much. That being said, I assume all of you can guess what my opinion is on the matter of increasing enforcement of businesses remaining open. I'm sure you've heard it all before! All I ask is that before this council decides to take drastic measures to enhance enforcement, I ask each of you to please reflect on two things. Please have faith in the intellect of our fellow citizens. The people of Carlsbad, of California, and of most of the United States are quite capable of understanding the consequences that Covid-19 brings to their lives and the lives of their fellow neighbors. Given this thought, I believe we must give people the option to take rational-based risk in their lives. If one does not wish to obtain Covid-19 due to an outbreak caused in a restaurant, may I state the obvious fact that no one is forcing said person to be at that restaurant. They are there on their own free will. And may I reiterate, I am fairly confident that most of our citizens are fully aware of the risks involved. The second thing I hope you can reflect upon is the clear danger this decision poses to the culture of Carlsbad. We can all agree that the closing of small business is bad. That's clear. But if a decision is made to enhance enforcement, I believe there are long-term consequences that cannot be foreseen at this present time. By illustrating to your citizenry that you will use force and the intimidation of law enforcement to shut down the very businesses and gathering places which quite literally make this community what it is, you might well destroy the very fabric of what it means to live in this free society. I hope you have a moment to take into consideration the ramifications this possible decision might bring to an already struggling community of small business owners. I hope today brings each of you clarity of mind and a reassurance that your fellow neighbor is wise enough to make their own decisions on how to live their lives. Best Regards Garrett Cypher 1 Tammy Cloud-McMinn From: Sent: To: Subject: Danielle Morales Tuesday, January 5, 2021 1 :52 PM City Clerk Carlsbad Citizens don't want a Police State Please read out loud at meeting. Attn: City Council Today, I understand that you will be weighing the option to use funds for COVID-19 to hire private code enforcement ($65-75/hr) & security ($30-50/hr) to cite people and businesses. This is a complete government overreach. And fiscally, makes no sense at all and could be potentially very costly (with no end in sight) and is dangerous for our community. All efforts and resources should go to helping businesses, schools, equipment for first responders, and all of the people struggling during this pandemic. It should not be used to punish them even more! Carlsbad deserves better! It is my understanding that City Staff says in the Fiscal Analysis of this measure, that the City doesn't have enough Code Enforcement Officers to perform these duties, so Carlsbad will need to pay $65 to $75 an hour to contract for Code Enforcement people. City Staff also says those contracted workers also need security and Carlsbad PD can't spare the personnel, so now we will have to pay $30 to $50 per hour for security officers to go do enforcement with your contracted code enforcement. Then, when the Enforcement people cite citizens, they can fight the citation in administrative court, which will cost the City $600 to $1600 per citation to defend. Then, the City Staff says the City Attorney doesn't have the kind of citation attorneys needed to support the city's position, so the City will have to pay $300 per hour or more to contract with outside counsel to defend the citation in administrative court. If the case is appealed to the Superior Court or a higher court-or challenged as to its constitutionality, City Staff has no estimate on how much that would cost, but again, would necessitate outside counsel to defend. In addition, when these costly "Code Enforcement Officers" and their tag-along "Security Guards" get into an altercation, and they undoubtedly will, someone is going to get hurt in the confrontation. Many people are tired of Government overreach and are getting angrier by the day. "Rent-a-Cops" are likely to get very little respect or compliance from those who are inclined to disagree with such "enforcement" measures. What kind of training will these private contractor employees (Enforcement Officers & Security Guards) receive? What kind of protection will the Security Officers carry? I can only imagine the potential liability the City will incur when one of these interactions/confrontations goes badly. This is an extraordinarily bad idea that is an obvious recipe for disaster and which creates potentially huge legal liabilities for the City of Carlsbad. Not only is this complete government overreach, but it is exponentially costly and dangerous for our community. You will find yourselves in several legal battles with hefty attorney fees. 1 Is this what you would like Carlsbad to be known for? Stop with your efforts for a police state in our beautiful city of Carlsbad. Carlsbad deserves better than this! Regards, Danielle Morales Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Tammy Cloud-McMinn From: Sent: To: Subject: Lisa Tyburski Tuesday, January 5, 2021 1 :53 PM City Clerk Jan 5 Special Meeting I am writing today to voice my opinion that Yoga Six in Bressi Ranch should be allowed to stay open. They provide a huge benefit to the community and closing them down for a virus that has a 99.9% recovery rate for the majority of age groups is criminal. It gravely hurts the the community and small businesses. Yoga Six follows all recommended safety protocols. Lisa Tyburski Carlsbad, CA CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Christian Brusseau Tuesday, January 5, 2021 1 :54 PM City Clerk January 5th Special Meeting There have been multiple issues that have come from COVID 19, let's not make small businesses another casualty: -Closing down restaurants and bars forces individuals into households where socially distancing is not being enforced, does not slow the spread of the disease, but adversely puts more individuals at risk -There is no evidence that supports the notion that restaurants/bars that adhere to social distancing and PPE protocols, are spreading COVID 19 -The closure of these establishments will take money off of the table for many families and those that rely on their job to be able to pay rent, utilities, mortgages, and food -Spending any such money on enforcing of these absurd mandates is a waste of time and tax payer money, please use this money for other community resources -Closure of these small businesses affects many people within our community, do not let this virus do more harm than it already has -Carlsbad has stayed below the Purple Tier, per Governor Newscum's chart, and should be treated as such -Keep outdoor dining going and small businesses above water so that we can provide for our families without relying on a hand out from the State which will not be enough to pay my bills Thank you for your time, Christian Brusseau CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Tuesday, January 5, 2021 1 :55 PM City Clerk January 5th special meeting Restaurants need to remain open for outside dining in Carlsbad. Money and resources are far better spent fighting crime and homelessness, which has risen dramatically. Small businesses are the backbone of this country. They should not be forced to close because it is taking away freedoms that should be protected by the Constitution. Lastly, it's very obvious that the lockdowns are not working to stop Covid. CA is the most restrictive state in the nation and it has a very high number of cases. The case fatality rate in North County is an average of 1%. Do not kill people's jobs over this, especially when it's only a tiny percentage of transmission that comes from outdoor dining. Respectfully, Shelley Dever Carlsbad, CA 92010 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Caroline Battle Tuesday, January 5, 2021 1 :55 PM City Clerk Subject: Fwd: Stop The Punishment of Our Small Businesses Sent from my iPhone, please pardon typos. Begin forwarded message: From: CB Vaught Date: January 3, 2021 at 10:50:30 AM PST To: corischumacher@carlsbadca.gov; priya.bhat-patel@carlsbadca.gov Cc: Andrew Vaught <andrewvaught@yahoo.com> Subject: Stop The Punishment of Our Small Businesses To Cori and Priya, As property owning tax paying citizens of Carlsbad, this email is to state our strong objection to your efforts to increase the penalization and what seems to be persecution of Carlsbad small businesses - most specifically restaurants, salons and gyms -struggling to survive now 10 months into the pandemic. The past 10 months of arbitrary decisions made by state, county and local city governments restricting small businesses have proven to be ineffective in limiting the spread of COVID-19. For 10 months every multi-million dollar national retailer here and in surrounding cities (Walmart, Costco, Target, Home Depot, Lowe's, Ralphs, Andersons, Vons, etc.) have been allowed to continue doing business with only an occasional and momentary inconvenience of people having to wait in a queue outside. I've repeatedly witnessed indoor head counts near or beyond triple digits in these businesses, while mom and pop shops without stockholders and investment partners are told they can't allow customers indoors -and worst now outdoors. I've read the full report of confirmed outbreaks of COVID-19 which took place in San Diego county between March and December of 2019, and it's clear the majority of locations where reported outbreaks in North County have occurred are NOT small businesses. It's also become quite obvious that citizens have been and will continue to gather at private residences despite being asked not to, and by all legal accounts there is nothing any local government can do to effectively control such (nor should they). If you continue to cut the life force of our small businesses by not allowing them to service customers as they are structured and licensed to do, you will destroy the very thing that makes our city unique and enjoyable. And when that happens, those of us fortunate enough to afford to live here will simply move our resources elsewhere. The population of Carlsbad will continue to age and decline, your tax revenues will decrease, and the city will fall further behind in its efforts to evolve into what many of us see it potentially could be. Encourage people to wear masks, to maintain social distance, and make the decisions that are best for their own individual health and wellness. But business in general should never be held responsible for the decisions of individual beings, and city decisions which cause irreparable harm to individuals you were elected to serve must stop being made arbitrarily and in the lack of concrete scientific fact. Regards, Caroline and Andrew Vaught 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Ralph Freeman Tuesday, January 5, 2021 1 :55 PM Scott Chadwick; Gary Barberio; Jason Pasiut; Matthew Hall; Keith Blackburn; Cori Schumacher; Priya Bhat-Patel; Teresa Acosta; Council Internet Email Jeff Murphy; City Clerk Todays Council meeting about Code Enforcement... Manager Chadwick, Council & Bosses, I'm glad to hear your Covid appears to be mild and you are recovering, God Speed to you and your family. My name is Ralph Freeman and I am a retired Firefighter and Fire Marshal, a full time Code Officer for the City of San Marino and enforcing codes for over 10 years. Currently I am one of your part-time Code Officers here in Carlsbad. I was hired to help share my Code Enforcement experiences and knowledge with the City of Carlsbad. In the short time I have been with the City, I have helped make some key changes to our processes and procedures. These changes ensure faster compliance and accurate data to keep our amazing city of Carlsbad, amazing. I have 3 points I would like to bring up for you since you are talking about Code Enforcement today. First: You currently have 2 full time officers and 3 part-time officers on the streets {limited at this time of course) of Carlsbad. That is 3.5 officers for the size of a city that should have 6-8 on the streets. This type of staffing and compliant based only type Code Department will only slowly decrease the beatification of Carlsbad and make it less desirable to live in. With out proactive and strict Code Enforcement, you can keep a current level nor make a neighborhood better. Without staffing, this can not be done. If the laws and rules are not enforced, they are pointless. Having to drive past violations because we don't have t ime to fix that issue is hurtful to the soul of a team that wants to make our City better. Second: The part time code officers make things difficult. Part time employees make sense on paper for some jobs (labor jobs, summer time jobs, special projects) but for a Code Enforcement Office it is not a good idea. The Code Office is a close nit team, a huge customer service interaction, the go to on hot topic citizen concerns, cross interaction with many departments, legal actions, citations and City Attorney interaction makes a full time officer needed. Not to mention after the training and experience gained, they leave to another City that has a full time position. The Team is left with a void, under staffed again and have to start all over again. I am one of those examples. The team will now have a void, under staffed even more and having to start the hiring and training of a new employee. I turned in my notice with the City last week. My last day will be January 15th, 2021. Third: If City Council approves the Enforcement of the Covid -19 orders to the community and local businesses. My time with the City will end at 5pm today. Not only is it a huge Officer Safety (no PPE, Radio, vest, protection when taking away ones rights) issue you will be implementing. Using the enforcement of Covid to say it cares about the citizens health and well-being, then exposing their staff on a daily basis to non-life safety concerns ... having them come into work and even possibly making further public contact to enforce these rules. The funds can be spent to help, not punish. I'm willing to sacrifice my job for what is right. The important over the urgent, innocent until proven guilty, our rights as Americans. I urge you to keep an eye on the long term effect the under staffing of your own Code Office is having on the City and the potential diminution of today's decision. Respectfu Hy, 1 City of Carlsbad RALPH FREEMAN Ill Code Enforcement Officer I Community Development Department City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 760.434.5358 (Office) I 760.579.8441 (Mobile) I ralph.freeman@carlsbadca .gov Facebook I Twitter I You Tube I Pinterest I Enews 2 Tammy Cloud-McMinn From: Sent: Ken Langen Tuesday, January 5, 2021 1 :56 PM To: City Clerk Subject: Masks To Mayor Hall and Carlsbad City Council Members, I am writing to encourage the powers that be in our great city to do everything possible to enforce the countywide mandatory mask mandate. It makes no sense that people, with flagrant disregard for the common good, are still maskless, walking closely in public spaces in Carlsbad. On the Boulevard, it is common to see Pelatons of maskless bikers fly by. The joggers pass, flaunting the mandate while spewing virions when exhaling. If we were a society where we valued each others' health, we'd be more like the democracy of Taiwan. New Taipei City (population 4.015 million) has a greater population than San Diego County (3.3 million), and it has seven COVID-19 deaths. SEVEN. A man was recently fined the equivalent of $5,000.00 for violating his quarantine for eight seconds. My daughter recently returned from a year of teaching in Taipei City where she ate at crowded restaurants, and went to concerts. She sang and played her banjolele at nighttime indoor gigs, because their government has controlled the COVID-19 virus. Please enforce the mask mandate and fine violators. Truth is serious business. Non-enforcement is complicity with ignorance. Sincerely, Ken and Patti Langen Carlsbad 1 Tammy Cloud-McMinn From: Sent: To: Subject: Liam Ferguson Tuesday, January 5, 2021 1 :58 PM Matthew Hall; City Clerk; Keith Blackburn; Cori Schumacher; Priya Bhat-Patel; theresa.acosta@carlsbad.ca .gov Special Meeting January 5th, 2021 Dear Honorable Mayor Hall and City Council, As a resident of Carlsbad, I do not support Council Member Schumacher's request to adopt a resolution under the city's emergency powers for increased enforcement of the public health orders, including administrative citations and fines. Not sure why our city council is picking on Carlsbad restaurants with no data to support shutting down outdoor dining to divide our community at the moment. We all know the recent city and county election results are questionable at best with all the ballot harvesting, suspicious amount of "mail-in" votes and outside of Carlsbad union money spent to influence the outcomes. You should be focused on bringing ou r community together, helping restaurants and small businesses at the moment not rolling out depressing oriented partisan policies. Our hypocrite of a Governor has proven locking down the state and penalizing small businesses does not work to reduce the spread of Covid19 and ONLY hurts small businesses. One of the council members was quoted recently as saying "We can't will this virus to go away. We all have to step forward and sacrifice a little in order for us to get back to a semblance of normalcy". Restaurants have put their life savings to keep their restaurants open with ZERO support from the national government the last several months. They have paid for additional ABC license permits. invested lO's of thousands of dollars to build decks, buy outdoor furniture and continue to comply with everchanging mandates. The stress of these arbitrary mandates have literally cost Carlsbad restaurant owners their lives recently. The Carlsbad restaurants have sacrificed way more than a "little" at this point and do not need to suffer more. Adopting this resolution will be downright cruel and malicious. Please vote no today. Thank you, Liam Ferguson Carlsbad, Ca CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Shanthi Lackey Tuesday, January 5, 2021 1 :00 PM City Clerk Fw: City council meeting 1/5 Business Enforcement I am writing this letter to express my concern over the proposal to strip our local restaurant and business owners of the right to peacefully protest the unconstitutional shut down of their business. I am a 30 year Carlsbad resident, home owner and business owner. I have been shocked and saddened by the damage the lockdown, shutdowns and restrictions have had on our community. I have recently returned from AZ, where they are observing proper "Pandemic" protocols with businesses opening and functioning, at reduced capacity of course, and are allowing their business owners to at least have a shot at making it. The virus stats there are virtually identical to ours. I believe Carlsbad residents (and all americans for that matter) should be able to choose if they want to have a meal with friends at an establishment that is observing all protocols. Singling out specific businesses as the culprit of the continuing virus cases is not going to work and will bankrupt our economy, as well put thousands of people out of work. There is a way to do both, open these businesses safely and keep our citizens healthy ... and increased enforcement of a failed policy is not the way. Sincerely, Tim and Shanthi Lackey CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear City Leaders, Shanthi Lackey Tuesday, January 5, 2021 1 :03 PM City Clerk Carlsbad Businesses It has come to my attention and the attention of several concerned citizens, business owners and patrons of the city of Carlsbad that there is a special meeting on January 5th, 2021 regarding the potential vote and or increased enforcement on businesses that are trying to stay alive during this unprecedented period of time in Carlsbad. As an active downtown resident, business owner and patron to everything Carlsbad, I implore you to consider the impact of any decision that negatively affects the law abiding, safety concerned and lovers of this beloved city. Although there is a media barrage of news regarding the current Covid-19 Pandemic, there are other factors in play that need to be considered when making blanket political decisions that will have a long-lasting effect on our community and those that have invested in Carlsbad. Namely, the short, mid and long-term impact of business closure to businesses that are the lifeblood of our home we call Carlsbad. Secondly, the absolute hypocrisy that we are allowing big box, large scale and mass retail environments to be open without consideration and as they are open, how does their process differ from the diligent, clean lily and conscientious environments maintained by our committed local business owners? Third and not final by any way, what about the data? There is no indication in any place in the world, let alone in Carlsbad, California that small business, such as restaurants, salons, retail or other have been the nexus point for a covid outbreak. On the contrary, large gatherings like the Sturgis event in South Dakota or Mardi Gras in New Orleans are real examples of where super spreader events ignite and spread. Our proud and considered businesses have not encouraged or supported these types of events. In fact, they have been 1 incredibly professionally managed and measured in how they provide access, contact and cleanliness to all they serve. Please do not cause additional damage to our residents, business owners and visitors that are adhering to the best known protocols that in turn are keeping our population safe on a daily basis. Please do not promote more mis-information or conflict in our troubled community as we forge together to live in our new reality. Sincerely, Greg Houlgate Proud Resident, Business Owner and Patron of Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Tammy Cloud-McMinn From: Gretchen Vurbeff Tuesday, January 5, 2021 1 :07 PM Sent: To: City Clerk Subject: response to : administrative enforcement of public health orders Dear City Council and Mayor Matt Hall, As a citizen of Carlsbad, I do not support the Council Member Schumacher's request to adopt a resolution under the city's emergency powers for increased enforcement of the public health orders, including administrative citations and fines. 1) The current data does not support these requests nor the lockdown. The restaurants and businesses she is targeting will suffer tremendous and uncoverable losses. Their families and the families they support cannot be sustained. Please consider the ramifications of your actions. 2) What defines "certain high-traffic pedestrian areas?" No defined criteria has been provided. What is the opinion of the police chief on enforcing this policy? The police chief needs to weigh in on this matter to determine the practicability of issuing citations without any defined criteria. 3) There is no meaningful health risk when we are outdoors. There is no evidence or reason to support this request being made by Ms. Schumacher. Thank you for considering this email in your consideration of this matter. Gretchen Vurbeff CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Melanie Burkholder Tuesday, January 5, 2021 1 :07 PM City Clerk Restaurant Ordinance Dear Council Members and Mayor Hall, Please do not impose additional restrictions on our already struggling small businesses, including restaurants. Sincerely, Melan ie Burkholder, PhD Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Mimi < Tuesday, January 5, 2021 1 :09 PM City Clerk Item #1 Carlsbad restaurants 1/5/2021 at 3pm It is important for Carlsbad restaurants to remain open for outdoor seating, takeout and delivery. The consequence of closing the restaurants for outdoor dining will cause many employees to lose their jobs. Unemployment will not be enough to help them survive. Not only will they lose their jobs but many will lose their homes, destroy relationships and not have enough money to put food on their tables. At some point we need to consider the impact closing outside dining will have on our mental well being. Restaurant employees need their jobs and the community needs somewhere to go that's safe following the CDC guidelines so they can enjoy good food and be nourished physically and mentally. An outdoor restaurant should be considered essential since it offers some normality during these uncertain times. People need to get out of their homes not only to get exercise physically but to also nourish their bodies and help maintain their mental well being. Please consider allowing outdoor dining to exist so people jobs can keep their jobs and preserve our communities physical and mental well being. Restaurants can be open for outside dining at 25% capacity, proper social distancing, wearing a mask when not eating/drinking and by reservation only. Everyday is a risk stepping outside of our homes during the pandemic. By now residents in Carlsbad are aware of the risks and are doing their best to slow the spread. Daily exercise is essential and being with your immediate household enjoying a good meal outside at a local restaurant is also essential for our mental and physical well beings. Carlsbad restaurants do an awesome job of following safety protocols and deserve to continue to offer outside dining during the pandemic. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Deborah Street Tuesday, January 5, 2021 1 :11 PM Council Internet Email; City Clerk Email Opinion regarding Saving Small Businesses I cannot make the peaceful protest today, but I would like to share my opinion via email. I appreciate that this pandemic puts our leaders in a difficult position. However, I do not believe that allowing small businesses and restaurants that follow CDC protocols to remain open is at the root of the problem, and I am not aware of any scientific evidence to the contrary. It makes no sense that I can shop at Macy's or most other retailers and handle (and try on) merchandise, but I cannot eat outside surroun-ded by fresh air. Further, it would appear that informal indoor settings are the most worrisome and you can bet these will only increase if people are prohibited from gathering socially outdoors. Based on county statistics posted yesterday, Carlsbad zip codes report a rate of infection per 100,000 that is nearly half of the county average, which further illustrates that outdoor dining in our local restaurants is not contributing to an increased incident rate amongst Carlsbad residents. Unless there is evidence directly linking outdoor dining to a higher occurrence rate, it is not fair that they are being singled out -we should be supporting them. I am vehemently opposed to the city taking any action that would be of further harm to them. Thank you, Deborah A Concerned Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Kaylin McCauley From: Sent: To: Lorie Brown Tuesday, January 5, 2021 12:57 PM Council Internet Email Subject: Fwd: Carlsbad City Council on January 5, 2021 PastedGraphic-4.pdf Attachments: Please be advised that I understand the city of Carlsbad is going to enhance enforcement of the closure of restaurants. I am a Registered Nurse as well as an attorney. I have researched this issue thoroughly. Rather than talk about legalities, let's talk about choice. First, I cannot find any research that shows COVID is transmitted at restaurants. We must weigh the cost and benefits. To deny these restaurant workers the right to make a living and potentially force closure of viable businesses that benefit the community, is an extreme cost. People who are concerned about contracting COVID have a choice not to patronize these places. Every day people take risks just by getting in a car or crossing the street. People at high risk or who have underlying medical conditions have a choice whether or not to patronize restaurants. We do not need to protect people from themselves. The research shows that COVID is transmitted by prolonged exposure in enclosed spaces at close dis ta nee. https://www. n pr. org/sections/ co ronavi rus-live-u pdates/2020/08/24/905534 790/germa n- expe rim ent-tests-how-coronavi rus-spreads-at-a-co ncert Therefore, there is no reason why people cannot sit outside and eat at a restaurant and even inside with proper ventilation. The cost to these business owners and employees far exceeds any benefit of any alleged exposure to COVID 19 which has not been shown to spread in a restaurant. Lorie A. Brown, R.N., M.N., J.D. www.BrownLaw1.com lorie@brownlaw1 .com CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i CONFIDENTIALITY NOTICE: This communication and any attachments are for the exclusive and confidential use of the intended recipient and may contain privileged or other confidential information. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney- client, work product or other applicable privilege by the transmission of this message. 6 Kaylin McCauley From: Sent: To: Subject: W. Dean Tuesday, January 5, 2021 12:26 PM Council Internet Email Fwd: Keep dinning and small businesses OPEN I'm 62 years old and have been a resident of Cbad for over 34 or 35 years. Please help our small business stay alive. Particularly outdoor dining. Enough is enough. The science does not support dining as contributing significantly to the spread of the Covid virus. It makes no sense to close dining when big box stores are open. Thanks . W. Dean Stanley Sent via the Samsung Galaxy Note8, an AT&T 5G Evolution capable smartphone Get Outlook for Android CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 8 Kaylin McCauley From: Sent: To: Subject: Jacqueline Cowan Tuesday, January 5, 2021 12:08 PM Council Internet Email January 5th special meeting To Whom It May Concern: This email may arrive too late for the special meeting. However, I feel that sending this message is still important to preserve our community. I am writing to plead that you help our city of Carlsbad stay unique and special. We need to keep our small businesses open, particularly the restaurants that are demonstrating proper cleaning and hygiene practices. If operations of smaller businesses continue to be stifled, our beautiful Carlsbad will turn into a generic town and we will lose the wonderful people that reside here. The values of our properties and livelihood will deteriorate. Carlsbad is special. .. please help keep it that way. I hold a doctoral degree in the medical field and I understand statistics and numbers. I also understand that transmission via restaurants is minimal. It is not worth sacrificing our beautiful city to cave into political pressures based on policy decisions made by people who claim to be following "science" but who are really following the media and peer pressure, not on risk based assessment cfecisions-HUMAN HEALTH RISK ASSESSMENT-not case numbers. Each time you get into your car you are taking a risk .... you are taking your life in your hands. Every person that cycles on the 101 is taking a risk that they may get into an accident and end up in the hospital. I'm not saying that contracting Covid-19 is not a real concern. However, I think citizens should be able to make their own choice to engage with businesses that are following the appropriate protocols. If the big box stores and construction companies can stay in business, I don't understand why properly hygienic small businesses need to be punished. Please protect our city of Carlsbad and allow businesses to remain open with safety precautions in place; wash hands, maintain social distance, and wear a proper face covering. Thank you for your time. Regards, Dr. Jacqueline Cowan CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 11 Kaylin McCauley From: Sent: To: Subject: Marianne Middlekauff Tuesday, January 5, 2021 11:14 AM Council Internet Email Keep business open I visit Carlsbad on a weekly basis and rent a vrbo three times per year in the area. The businesses and restaurants have been responsible during Covid. Please continue to give them their constitutional right of making a living and safely keeping their businesses open. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 12 Kaylin McCauley From: Sent: To: Subject: Tiffany Fairchild Tuesday, January 5, 2021 10:32 AM Council Internet Email Outdoor dining Please do not shut businesses down! They have spent so much time and money to open up safely. They pay taxes and keep our city going! I urge you to not be power hungry but to be sensitive to those trying to stay afloat. People need to be out not locked up where they spread the virus. This will soon be or now is a mental illness crisis and not a covid one. Sent from my iPhone Sent from my iPhone CAUTION : Do not open attachments or click on links unless you recognize the sender and know the content is safe. 13 Kaylin McCauley From: Sent: To: Subject: Tiffany Fairchild Tuesday, January 5, 2021 10:31 AM Council Internet Email Outdoor dining Please do not shut businesses down! They have spent so much time and money to open up safely. They pay taxes and keep our city going! I urge you to not be power hungry but to be sensitive to those trying to stay afloat. People need to be out not locked up where they spread the virus. This will soon be or now is a mental illness crisis and not a covid one. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 14 Kaylin McCauley From: Sent: To: Subject: dona Id ticknor Tuesday, January 5, 2021 9:58 AM Council Internet Email Restaurant protest I have been a resident and voter here in Carlsbad since 1979. I understand that there is a meeting regarding the restaurant protests today. I want it known that my wife and myself support the restaurant owners and their staffs in the protest. We will be watching closely how the city handles this and will remember the results next election. Regards, Don and Malu Ticknor CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 17 Kaylin McCauley From: Sent: To: Subject: Lynette pike Tuesday, January 5, 2021 9:43 AM Council Internet Email Carlsbad businesses I'm writing to ask that you stand behind our small businesses. When Target, Walmart, and strip clubs can remain open it is shameful as elected officials that you would be a part of something that effects and goes not only against the Constitution but also against the welfare of the City of Carlsbad. The data is not there showing Covid being spread at restaurants. You will destroy so many businesses and families that have worked so hard. Covid is not just going to disappear. We can not stay closed forever. We as the people of America closed to slow the curve and do our part back in March. These shutdowns take it to a level of everything America is not and they do not work to do anything but destroy our small businesses in our beautiful city. Please take the side of everything you are supposed to protect...first and foremost is our Constitution not the actions or thoughts of the Governor. Respectfully, Lynette Pike Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 19 Kaylin McCauley From: Sent: To: Subject: Council members, Nina Eaton Tuesday, January 5, 2021 9:28 AM Council Internet Email Special meeting 1/5 This afternoon you'll be venturing into to a most divisive discussion on whether or not to take authoritarian action against our local restaurants. I've also heard you MAY be considering citations for individual residents for non "mask" compliance. This is called Tyranny. STOP and think hard about this sl ippery road. You have few in lock step. Thank you Nina Eaton Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 21 Kaylin McCauley From: Sent: To: Subject: Andrew DePaolo Tuesday, January 5, 2021 9:19 AM Council Internet Email January 5th special meeting Since there is a significant lack of evidence that supports closing of gyms, restaurants and studios (hair, nails, Yoga, etc.) please allow them to continue to operate in safe COVID fashion (distancing, outdoor etc.) Removing the opportunity to operate without just cause is an infringement of rights of business owners and the public. Andrew DePaolo CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 24 Kaylin McCauley From: Sent: To: Subject: Erin Holliman Tuesday, January 5, 2021 9:15 AM Council Internet Email Save our village To whom it may concern, As a village resident for the past 10 years and a north county local I strongly feel support is needed for our restaurant community. Please do not spend extra dollars to hire security and enforcement staff while restaurants and their employees suffer. Losing a paycheck is something no one in Southern California can afford. Please give assistance rather than penalties. Thank you for your attention to this matter and representing the people that pay taxes and voted for these public officials. Sincerely, Erin Holliman Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 25 Kaylin McCauley From: Sent: To: Subject: Suellen McFerran Tuesday, January 5, 2021 8:57 AM Council Internet Email Save Our Restaurants and Small Businesses! To: Carlsbad City Council members; Please be aware that we strongly support allowing small businesses and restaurants to stay open at this time! Protocol and safety measure have been put into place and the citizens of Carlsbad have the right to decide if they want to shop and/or dine while following the mask wearing and outdoor dining protocol. Please do not strong arm the community of Carlsbad because you imagine that you have the "power" to do so! Sincerely, · Suellen McFerran CAUTION: Do not open attachments or click on links unless you recognize the sender and know the co ntent is safe. 27 Tammy Cloud-McMinn From: Sent: To: Subject: Vincent Ponce < Tuesday, January 5, 2021 1:17 PM City Clerk Restaurant Ordinance "Government's first duty is to protect the people, not to run their lives." Ronald Reagan Honorable Mayor Hall and City Council Members, Today you will be considering issues surrounding the strict enforcement of California's guidelines on how restaurants operate their businesses. While local restaurant owners and operators have spent thousands of dollars meeting new safety requirements in recent months the governor has again changed the rules. It's hard to determine what the end game is. By applying the rule of law in its strictest terms you almost guarantee that locally owned and operated restaurants and businesses will be forced into bankruptcy. Is that your goal? What do you have to offer to replace a lifetime dedicated to operating a successful business in Carlsbad? Local business leaders have been a significant contributor to the development of the history and traditions of an exemplary city called Carlsbad. We got to this place with them, not in spite of them. Giving freely of their time, talents, and money business leaders have supported many non-profit organizations, our local schools, and community members in need. As city leaders it's your turn to give back. Let's work with our business community to insure that we meet the spirit of the law. Be smart, implement social distancing, wear masks, stay healthy and safe. To lead with a clenched fist is no leadership at all. A concerned citizen. Vincent Ponce Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dee Dee Valdes Tuesday, January 5, 2021 1:18 PM Priya Bhat-Patel; Corischumacher@carlsbadca.gov; City Clerk January 5th Meeting I am writing as a concerned Citizen in regards to the small businesses and restaurants that are staying open. I am not in favor that they be fined because they are trying to stay open to support their families and the families of their employees as they provide services. All small businesses in Carlsbad have complied with the government's To Do List to ensure public safety. I do not agree that they should be forced to close after completing to the mandate and destroying their only source of livelihood for their families. Thank you for the opportunity to provide input. Dolores Va ldes Benson Carlsbad, Ca 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Linda BraunTrautmanll Tuesday, January 5, 2021 1:19 PM City Clerk Covid safety enforcement My name is Linda Trautman and I live at 3925 Holly Brae Lane Carlsbad 92008. I previously sent a memo to my counsel member Blackburn. I think masks and social distancing rules should be enforced with citations. The "education" phase is long over. Signs should be placed on every commercial corner saying $100 or some specific amount of fine will occu r if masks are not worn outside in the city. Too many people including groups of young people on skateboards and groups walking are not wearing masks or social distancing. I don't feel safe walking the sidewalks, beaches or crossing streets. I feel a few tickets would change this behavior. I understand the plight of restaurants and feel that they should be able to operate under certain circumstances if outside only ... inside se rvice should get fined. Outside service under plastic walled tents is not really outside ... they are gaming it. Outside seating needs to be spaced farther apart than it is now. All diners need to sign up for contact tracing with name, address, phone number, email and these list kept for one month by the restaurant. Masks worn at the restaurant until the food is served, temperatures taken before entry and hand san itizers supplied and enforced before being seated. This Covid situation is going to get worse this winter so it's time our city does something with teeth to make us feel safer. Thank you Linda Trautman Linda BraunTrautman Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Barbara Tuesday, January 5, 2021 1 :19 PM City Clerk Covid mask enforcement Thank you for acknowledging this important note. This also expresses the views of many people here. I have been a regular walker down along 101 between the power plant and the army navy academy for the last 14 years since I moved here. when the pandemic started I continued walking there but found other places that were also flat which I need to do because of a bad back. Throughout the last 9 months, I notice that a very small percentage of people wear masks, for whatever their reasons They pay no attention to the signs, or to any other message from the city ( online). I see Carlsbad police sitting in their suvs chatting ( with windows down and no mask). When I question them about enforcement they say they can't do anything. Meanwhile, I dodge people walking ( running or biking, breathing heavily with no masks) toward me. I go up a side street and continue on Garfield north. When I question people about why they're not wearing a mask they told me to mind my own business and it is my business or are they telling me to stay home and don't ever go out if I'm so afraid which is a childish, stupid thing to say. they're the ones who complain about restaurants being closed. they don't seem to understand that if they wore a mask and we can flatten the curve here in Carlsbad then they could have some freedom to do these things. Driving through the village it's the same story. I have read that some parties have been broken up by law-enforcement which is good, but it seems people will continue to party and get together. so my opinion is that there needs to be some really strict enforcement To me, fining seems like the best option right now. Other towns in California have done it with success. I need to feel that the people in power( City Council) are looking out for it's citizens, and not scared or cower to the irresponsible, disrespectful anti mask bullies. We look to you to have the good sense and welfare of Carlsbad's citizens. Thank you so much for reading. I'm hopeful that these overdue moves will take place immediately. NOTHING will change until there is ENFORCEMENT. ENFORCEMENT. ENFORCEMENT!!!! Barbara Segal Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Artesy Wines Tuesday, January 5, 2021 1 :20 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS I am writing this message because of my my passion and love the the city of Carlsbad and specifically the village. I have been a resident in the village since 1991. Specifically today Tuesday January 5 there is a meeting regarding the enforcement of public health orders. There is no data linking outdoor dining with rises in COVID cases. If you really want to make a difference stop the rape of our beautiful village by developers. They have many large construction sites in the area and. they pose more of a health threat than Outdoor dining. Charming beach cottages are being pushed down and being replaced by 3 and 4 story monsters. The charm of the village is disappearing to over development. Garfield looks like a war zone. Charming beach cottages giving away to the big boxes. There are scars all over the village from overdevelopment. This over development is far more of a health threat than outdoor dining You have a responsibility to keep Carlsbad pure and beautiful. To keep its spirit and personality. Closing small little businesss because of outdoor dining is wrong. It will crush our spirit Thank You. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Susan VYCITAL Tuesday, January 5, 2021 1 :20 PM City Clerk Restaurants. i support the opening of restaurants and small businesses. People need to make a living. The governments $600.00 is not going to help. And the government is not going to feed and house everyone. I propose congress And Pelosi give up their pay to help. Sent from my iPhone CAUTION: Do not open attachment s or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Liam Ferguson < Tuesday, January 5, 2021 1 :58 PM Matthew Hall; City Clerk; Keith Blackburn; Cori Schumacher; Priya Bhat-Patel; theresa.acosta@carlsbad.ca.gov Special Meeting January 5th, 2021 Dear Honorable Mayor Hall and City Council, As a resident of Carlsbad, I do not support Council Member Schumacher's request to adopt a resolution under the city's emergency powers for increased enforcement of the public health orders, including administrative citations and fines. Not sure why our city council is picking on Carlsbad restaurants with no data to support shutting down outdoor dining to divide our community at the moment. We all know the recent city and county election results are questionable at best with all the ballot harvesting, suspicious amount of "mail-in" votes and outside of Carlsbad union money spent to influence the outcomes. You should be focused on bringing our community together, helping restaurants and small businesses at the moment not rolling out depressing oriented partisan policies. Our hypocrite of a Governor has proven locking down the state and penalizing small businesses does not work to reduce the spread of Covid19 and ONLY hurts small businesses. One of the council members was quoted recently as saying "We can't will this virus to go away. We all have to step forward and sacrifice a litt le in order for us to get back to a semblance of normalcy". Restaurants have put their life savings to keep their restaurants open with ZERO support from the national government the last several months. They have paid for additional ABC license permits. invested l0's of thousands of dollars to build decks, buy outdoor furniture and continue to comply with everchanging mandates. The stress of these arbitrary mandates have literally cost Carlsbad restaurant owners their lives recently. The Carlsbad restaurants have sacrificed way more than a "little" at this point and do not need to suffer more. "\ Adopting this resolution will be downright cruel and malicious. Please vote no today. Thank you, Liam Ferguson Carlsbad, Ca CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Drake Kellas Tuesday, January 5, 2021 1 :58 PM City Clerk ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS To Carlsbad City Council Members, As a very concerned citizen in District 1, I'm very opposed to Councilwoman Schumacher's request to use/divert city funds to enforce this particular public health order related to COVID. Fortunately, we in Carlsbad, have not been as severely impacted health wise by the effects of COVID. It has also been noted by several health agencies that restaurants with outdoor seating are not areas where we've seen significant spread of the respiratory condition. My cousin owns a restaurant and his business went from $1.4 million total revenue in 2019 with 22 employees to $547,000 with 8 employees (with the majority of his business in Ql before lockdowns). He has worked twice as hard to keep his doors opened with half the money. He has been depressed as 14 of his former employees (and close friends)are out of work. Restaurants owners and workers in a small business are family. When we create shutdowns we are forcing these owners to decide between their "family members". It is not fair to them . It makes no sense to divert funds paid to the city by its resident tax payers to then enforce mandates that largely are not necessary based on actual data and common sense. Keeping people in their homes and away from socially responsible interaction with others where we know health is improved through said interaction, exercise, and being out in this beautiful environment where there has been very little documented spread is contrary to leading a healthy lifestyle. In addition, many of our local 200 small restaurants and related vendors to those said business(;!s are at risk of going out of business and some of those productive local businesses have already left the community. This will have a large negative economic impact that we will not be able to quantify in the short term and will adversely change the face of this "Village by the Sea" going forward. Let's do better for our restaurants and small businesses are doing everything to comply with health standards. We have lost a long standing restaurant in That Pizza Place (42 years) ... please don't let this list grow. The fact of the matter is .... if masks work and social distancing truly works (on top of knowing that outdoor dining is not one of the causes of the spread of COVID), why do we need to do any other enforcement than what all of these compliant businesses have all worked hard to enact to protect "public health"? Keeping people restricted to their homes, shutting down businesses by pulling their licenses to operate or by using policing to enforce more restrictive mandates (than what we've been told should be working already like masks and social distancing), and ruining the lives of local business owners and their employees, many of whom are tax paying residents here in Carslbad, will have a much larger negative long term impact than COVID could ever have on our community. Ask yourselves, if you were in their shoes, what decisions would you make and how would you proceed given the actual health and economic facts, especially, as a small business owner and an actual resident of Carlsbad I urge you all to spend your time, efforts, and use our tax dollars on more pressing issues. Thank you, Drake Kellas District 1 Carlsbad Tax Payer Drake Kellas Director of Strategic Accounts Xymogen 1 Tammy Cloud-McMinn From: Sent: To: Subject: Good afternoon, Matt Tuesday, January 5, 2021 2:00 PM Council Internet Email; City Clerk Please enforce restrictions on the Carlsbad restaurants I am an emergency physician. We have no ICU beds and are holding critical patients in the hallways. There needs to be a strict enforcement for restaurants that are breaking the stay at home rules. My family and I frequent restaurants to go and support this. Allowing the Carlsbad restaurants to operate on-site dining (especially indoors) is very dangerous and puts the whole community at risk (esp the workers they are trying to help support). Please vote to enforce only to go and delivery from these restaurants. We all need to support each other and help in this fight. Sincerely, Matthew Pillsbury, MD Medical Director at Vituity CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1