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HomeMy WebLinkAbout2021-01-19; City Council; ; COVID-19: Minute Order on Comprehensive Approach to Address Compliance of Public Health OrdersMeeting Date: Jan. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: David Graham, Chief Innovation Officer david.graham@carlsbadca.gov, 760-434-2992 Subject: COVID-19: Minute Order on Comprehensive Approach to Address Compliance of Public Health Orders Districts: Citywide Recommended Action •Receive an informational report on the city’s efforts to address the COVID-19 public health orders and additional ideas for council’s discussion •Approve a resolution modifying the COVID-19 Small Business Loan Program •Discuss and provide direction to staff on any additional actions to be vetted, receive legal review, or pursued as appropriate to address compliance with the public health orders and collaboration with other cities in the region and the county Executive Summary This report comes in response to a motion the City Council approved during a special meeting on Jan. 5, 2021, that, “Directed staff to bring back to a date uncertain an item to discuss a comprehensive approach to addressing compliance, including incentives and excluding businesses not complying with the law from the City’s pandemic assistance programs and collaboration with other cities in the region and with the county.” It provides information on the city’s current activities that are addressing compliance, providing economic relief and incentives, and collaborating with other jurisdictions. It also provides a range of ideas to aid in the City Council’s discussion of potential additional efforts to comprehensively foster compliance and collaboration that builds on the city’s current activities. Expediency in bringing this item back to council did not allow time for vetting and legal review that is usually involved in presenting recommended actions to the City Council. With the exception of the modifications to the business loan program, which have been vetted by staff and received legal review, the ideas presented to seed the City Council discussion may require additional vetting and legal review. Staff recommends that upon the conclusion of the discussion on a comprehensive approach to compliance to bolster current activities to address the pandemic, the City Council provide a motion directing staff to vet and provide legal review for any items that the council Jan. 19, 2021 Item #5 Page 1 of 39 recommends be further evaluated and return with the information and any associated actions for the City Council’s consideration. In the event a desired action does not require future City Council approval, staff requests a motion that includes the support for those actions. As a part of the comprehensive approach to providing ongoing economic relief that incentivizes and allows businesses that are impacted by the pandemic to comply with the public health orders, the City Council approved a $5 million Economic Recovery and Revitalization Initiative. The initiative includes a COVID-19 small business loan program that provides no-cost and low- cost loans to qualifying businesses. Staff is recommending the council approve modifications to the loan program, which are detailed below, to allow more businesses to access financial assistance when they need it most. The loan program already includes requirements that recipients comply with all laws, including the public health orders. Discussion On March 4, 2020 Governor Gavin Newsom declared a state of emergency following the first COVID-19 death in the state of California. On March 15, 2020, he directed all “non-essential” businesses to close in the state. That same day the city manager, in his role as the city’s director of emergency services declared a local state of emergency in Carlsbad, a proclamation ratified by the City Council the following day. The impact to businesses and the economy was severe, with unemployment spiking to 13.8% in the city in April. Six months after the shutdown, the state unveiled its Blueprint for a Safer Economy, which the governor said outlined a stringent and slow plan for living with COVID-19 for the long haul. This tiered plan used health metrics to slot counties in tiers based upon the severity of community spread, allowing for more business activities where there was less spread and greater restrictions where community transmission was more widespread. The County of San Diego was initially in the red or “substantial” tier, which had fewer restrictions than the purple or “widespread” tier. Through all the mandates by the state and county to open, close, or modify public and private operations, the City of Carlsbad responded swiftly to address compliance with public health orders. The city has collaborated with the county, other municipal agencies, its business organizations, businesses and residents to address the pandemic and help keep Carlsbad safe. Carlsbad has consistently had one of the lowest if not the lowest rates of infection for local cities with populations of 50,000 or more. COLLABORATION Across all city departments, collaboration has been a staple of the city’s COVID-19 response. Learning and sharing best practices with other cities, agencies, and regions has allowed the city to demonstrate leadership in forming new programs, staying informed, and driving compliance within our community. City departments that are involved in the COVID-19 response have extensively collaborated at the local, state and national level (Exhibit 2). City leaders regularly engage with their counterparts in formal and informal ways that have helped the city address the pandemic. The city manager and assistant city manager are participating in the following regular collaboration efforts: Jan. 19, 2021 Item #5 Page 2 of 39 • Frequent communication with County of San Diego officials, including the county’s chief administrative officer, Health and Human Services Agency staff and other public health officials and the county compliance team • Regionwide city managers’ bi-weekly calls to discuss best practices, COVID-19 response, enforcement, and other strategies • Monthly county public health and compliance calls with the region’s city managers • Monthly county intergovernmental calls with elected officials and staff • Regular conference calls with the California Office of Emergency Services and California Department of Public health to discuss COVID-19 updates from the state of California The city’s Emergency Operations Center, Fire Department and Police Department have engaged in emergency services and operations coordination and collaboration since the beginning of the public health crisis. In addition to formal collaborative efforts, there are informal coordination efforts with other agencies in the region. Collaboration ideas for discussion Some additional ideas that the City Council may wish to discuss are: • Using the city’s intergovernmental affairs team to engage the governor, legislature, legislative representatives, county representatives, or local agencies to support city council priorities in addressing the pandemic • Work with other cities and agencies in San Diego on a regional approach to compliance with the public health orders • Coordinate with other local elected officials in the region to issue an open letter encouraging compliance with the public health orders • Evaluating ways that other jurisdictions are comprehensively addressing compliance and considering adoption of one or more approaches if they are applicable, relevant, and effective • Form a working group of elected officials in the region that can bring back recommendations to their respective municipal bodies • Collaborate with the business community to better understand barriers and solicit ways to assist • Collaborate with volunteer groups to assist in compliance efforts • Create a committee that holds public meetings and allows for public participation in the city’s economic revitalization ECONOMIC RELIEF AND INCENTIVES Since the beginning of the COVID-19 pandemic, the City of Carlsbad has provided support to Carlsbad businesses to help address COVID-19-related impacts to business. As the health emergency progressed, so did the programs and services that are offered by the city. With the recent surge in cases and implementation of the Regional Stay at Home Order at the state level, many businesses are facing the greatest challenges they have ever experienced. Staff continues to communicate with businesses, along with the Carlsbad Chamber of Commerce, Carlsbad Village Association and Visit Carlsbad, to hear what current challenges are most pressing. Staff Jan. 19, 2021 Item #5 Page 3 of 39 continues to work with these partners to develop new programs and services that help address those challenges. The information below, most of which was originally included in an additional materials memorandum to the council dated Jan. 5, 2021 (Exhibit 3), pertains 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. Business license extension and penalty fee waiver Business license fees are calculated in different ways depending on 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 or 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 only 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. Business engagement Since the beginning of the health emergency, the Office of Innovation and Economic Development, or OIED, has worked with the Carlsbad Chamber of Commerce and Carlsbad Village Association to disseminate consistent information to businesses. To date, the city and two organizations have sent 25 “Joint Communications” to Carlsbad businesses. These communications include details of health orders and their impacts on businesses, as well as available relief and support programs. Joint Communications emphasize when a new relief program has been announced and when an application deadline has been eminent. This education has been noted by many Carlsbad businesses to be of benefit and essential to them finding applicable economic relief programs. The OIED has also hosted six workshops for businesses to coach them on resources available and to gain feedback on current and anticipated challenges. OIED will hold the seventh workshop for businesses on January 27 in conjunction with the Small Business Development Center of North County to walk businesses through the newly reauthorized federal stimulus programs, including the Paycheck Protection Program and Economic Injury Disaster Loans. Proactive outreach from the city ensures that businesses experiencing financial hardship are aware of all available resources to assist them through the pandemic. Businesses that take advantage of these programs may be more resilient to the pandemic and may be more likely to comply with health orders. Economic Recovery and Revitalization Initiative To support small businesses affected by the COVID-19 public health pandemic, the City Council approved a $5 million Economic Recovery and Revitalization Initiative on April 21, 2020. The initiative has included, among other things, city lessee relief, a business promotion and tourism marketing campaign, a referral relationship with the National Conflict Resolution Center to Jan. 19, 2021 Item #5 Page 4 of 39 provide free mediation services to landlords and tenants through the county 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. The City Council approved a resolution on Sept. 1, 2020, 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, 87 businesses have signed up to participate in the e-gift card marketplace and more than 2,025 virtual gift cards have been purchased, which between the card purchase and bonus totals more than $83,000. The City Council approved a resolution on Aug. 18, 2020, approving further implementation of the Economic Recovery and Revitalization Initiative and modifications to the COVID-19 Small Business Loan 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. Based on an evaluation of the program, engagement with Carlsbad business organizations, discussions with businesses, and survey data, the Ad Hoc City Council Economic Revitalization Subcommittee recommends modifications to the program to expand eligibility and increase its use. COVID-19 Small Business Loan Program modifications Since November, new applicants to the business loan program have diminished significantly. OIED staff conducted a second survey of Carlsbad businesses and found that there is still a need for relief programs, but the amounts of relief needed are higher. OIED staff received direction from the Ad Hoc City Council Economic Revitalization Subcommittee to develop recommendations with input from the Carlsbad Chamber of Commerce, Carlsbad Village Association and Visit Carlsbad on how to position the program to support a broader number of Carlsbad businesses. After consulting with those three organizations, staff returned to the Ad Hoc Committee with the following recommendations which were supported by the three business organizations above: • Address the length of time the pandemic has continued to allow more businesses to participate while mitigating risk of default by changing the requirement to hold a business license as of April 1, 2020 to having a valid Carlsbad business license or have applied for a business license at the time of application • Require a valid business license before loan funding can be approved • Require that the business needs to demonstrate it has been operating for at least six months • Expand the amount of funding a single business can receive by allowing an applicant to apply for and receive both a small business microloan and a small business recovery loan if the business meet the loan requirements Jan. 19, 2021 Item #5 Page 5 of 39 • Respond to the widespread and pervasive nature of the economic impacts of the pandemic by increasing the loan cap for the small business recovery loan product from $25,000 to $50,000 and increase the gross receipts or revenue cap from $3 million to $5 million Based on an analysis of business license data approximately 150 to 175 businesses would become eligible to apply for a loan. Should the City Council wish to make these modifications, the City Council may approve the resolution associated with this action (Exhibit 1). Permitting outdoor business operations The public health orders have restricted or closed indoor operations of certain types of businesses and at various points in time have allowed for outdoor operations. To provide economic relief to allow for outdoor operations on private and public property, the city has used existing regulations and temporarily suspended certain land use rules and fees to support the ability for businesses to continue to operate. Temporary activation of private property On July 28 and Sept. 15, 2020, among other actions, the City Council approved resolutions empowering the director of emergency services (the city manager) to allow the temporary activation of private property such as parking lots and common areas for 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, which is a free permit. A total of 75 businesses received a private property permit to date. Working with the City Attorney’s Office, staff has amended the certification statement of the permit to clarify that businesses operating under the permit are required to comply with any federal, state and local laws, including public health orders. 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 use permit, 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 its action on Sep. 1, 2020. A total of 15 businesses received right-of-way use permits to date. Working with the City Attorney’s Office, staff has amended the certification statement of the permit to clarify that businesses operating under this permit are required to comply with any federal, state and local laws, including public health orders. Those changes went into effect the week of Dec. 28. Ideas for economic relief and incentives discussion From the time the pandemic began to affect Carlsbad to today, the city, its business organizations, businesses, and the residents that patronize businesses have collaborated on addressing COVID-19. At the beginning of this public health crisis, Carlsbad residents, visitors and businesses could not have imagined the crisis would extend into the year 2021. With each passing day, week, and month, the City Council, the Ad Hoc City Council Economic Revitalization Subcommittee, city staff, the Carlsbad Chamber of Commerce, the Carlsbad Village Association, Visit Carlsbad, and many of our businesses have continued to source, develop, and implement Jan. 19, 2021 Item #5 Page 6 of 39 ways to address the ever-growing impact of COVID-19 on the economy. Some additional ideas that the City Council may wish to discuss are: • #STAYSAFESTAYOPEN recognition program that uses a web portal to allow businesses that are complying with health orders to apply to be highlighted through city media channels • Develop a video and campaign that educates the community on how they can support local businesses including highlighting businesses that are complying • Collaborate with Carlsbad Village Association, Carlsbad Chamber of Commerce, and Visit Carlsbad on a recognition and reward program for businesses that are complying • Work with Carlsbad Village Association, Carlsbad Chamber of Commerce, and Visit Carlsbad to explore the use of digital marketing tools to promote businesses that are open or closed and complying to drive traffic to open businesses and support businesses that are closed with awareness that will drive customers to those businesses when they are allowed to reopen • Use $25,000 that the City Council authorized under the Economic Recovery and Revitalization Initiative for business promotion to create an adopt-a-business program in collaboration with our local business organizations that would incentivize current and future business participation and a sense of community between residents and complying businesses • Engage with the Carlsbad Village Association, Carlsbad Chamber of Commerce, and Visit Carlsbad on a micro grant program for small businesses that have experienced a significant economic impact and are complying with the public health orders • Develop a rental assistance program that directly pays rent or provides reimbursement for rent that has been paid from the beginning of the Regional Stay at Home Order and on some time-limited go-forward basis for small businesses that have been significantly impacted by the public health orders COMPLIANCE For those businesses that defy established public health orders, the City of Carlsbad has taken an education-first approach, working with businesses to come into compliance. For those businesses that continue to operate out of compliance, Carlsbad Police Department has worked with the County of San Diego on the issuance of cease and desist orders. The Community Development Department has investigated further ways in which the Code Enforcement Division can enforce public health order compliance for Carlsbad businesses. Jan. 19, 2021 Item #5 Page 7 of 39 Carlsbad Police Department’s compliance coordination with the county The Carlsbad Police Department responds to every call for service related to the public health orders. It also collaborates with the county on enforcement. On Aug. 4, 2020, the county Board of Supervisors approved a plan to increase enforcement of the public health orders. As a part of those efforts, the Police Department has coordinated with the San Diego County Safe Re- Opening Compliance Team in response to calls to the county and 211 San Diego. Police Department contact on a call for service regarding a potential violation of the public health orders generally leads to compliance. There are instances where there are consistent violations. In the event there is a willful and persistent violator, the Police Department has worked with the county compliance team on the issuance of a cease and desist order. According to county data, there are approximately 31 establishments that have received cease and desist orders in Carlsbad. The city is analyzing data from calls for service, county 211 referrals, and cease and desist orders to assist in our ongoing efforts to gain compliance with the public health orders. Parks & Recreation Department pandemic response On May 1, 2020, the City Council received a staff report and adopted resolutions directing and authorizing the Director of Emergency Services, or designee, to implement social distancing and sanitation protocols for access to the city’s beaches, parks and trails (Resolution Nos. 2020-072, 2020-073, and 2020-074). Those protocols were in accordance with all applicable orders from the San Diego County Department of Public Health and the following plans: A. County of San Diego Social Distancing and Sanitation Protocol - Parks & Beaches - for each site B. City of Carlsbad Trails & Recreation Department Covid-19 Pandemic Response Beach/Park/Trail Monitor: Health Screening and Site Procedure Plan C. City of Carlsbad Police Department Covid-19 Pandemic Response Beaches/Parks/Trails Reopening Plan D. City of Carlsbad Fire Department Covid-19 Pandemic Response Two Phase Proposal for the North Beach Opening As result of the City Council’s action, on May 4, 2020, staff provided access to the city’s beaches, parks and trails and commenced the requisite monitoring of each site to ensure compliance with the County of San Diego COVID-19 Social Distancing and Sanitation Protocols. From that date to present date, the described monitoring has continued seven days a week, during the COVID-19 modified hours of operation at each site. The applicable signage for COVID-19 protocols and health orders has also been posted, and continues to be replaced as needed, by Parks & Recreation Department staff. The monitoring of city parks for compliance with both state and county COVID-19 protocols and health orders continues to be conducted by Parks & Recreation Department staff. When non- compliance with those protocols and orders is observed, staff will provide education to the patrons and request their compliance. If the patrons comply, which is generally the case, no further action is deemed necessary. If the patrons do not comply, the Parks & Recreation Department staff contact the Police Department’s dispatch for routing an officer to the site to provide further education, and take enforcement action as appropriate. Jan. 19, 2021 Item #5 Page 8 of 39 The monitoring of city beaches and trails within preserves transitioned from being conducted by Parks & Recreation Department staff to being conducted by Police Department staff on June 21, 2020. This change was made in order to ensure sufficient resourcing of staff for the monitoring duties, throughout the city’s inventory of sites. For these sites, the educational and enforcement actions related to compliance with state and county COVID-19 protocols are addressed directly by police officers. Revocation of temporary activation permits The City Council empowered the Director of Emergency Services to temporarily suspend or modify certain land development standards to mitigate the economic effects on local business due to the COVID-19 Pandemic State of the Emergency. These suspensions of development standards allowed the city to issue permits that would let businesses temporarily activate outdoor space so that they could continue to operate during this crisis. Without this City Council action, most businesses could not be issued a temporary activation permit to operate outdoors. In consultation with the City Attorney’s Office, the authority to suspend or revoke these temporary permits for business who fail to comply with the public health order is within the city’s current enforcement authority. Ideas for discussion on enforcing compliance The city collaborates with relevant agencies and responds to all violations of the public health order. Data is currently being analyzed to determine opportunities to continue enforcement to protect the community. •Provide additional communication and outreach to retail and big box stores to ensure compliance with the public health orders •Conduct a coordinated effort with the Police Department, Community Development, Office of Innovation and Economic Development and our business organizations to identify and contact landlords of persistent violators to bring them into compliance •Consider elevating the level of enforcement against those businesses with a temporary activation permit who continue to violate the public health order by initiating a notice of violation and subsequent enforcement actions that may include permit revocation and administrative citations (Exhibit 4) City Council discussion The basis for a City Council discussion of a comprehensive approach to addressing compliance, including incentives and excluding businesses not complying with the law from the City’s pandemic assistance programs is presented in this report as well as collaboration with other cities in the region and the county. As noted above, the ideas presented to seed the City Council discussion may require additional vetting and legal review. The City Council may provide direction, by way of a motion, to staff to vet and provide legal review for any items that they recommend be further evaluated. Based on that direction, staff would complete the vetting and legal review and return with the information and any associated actions for the City Council’s consideration. In the event a discussion item does not require future City Council action, a motion that includes the support for those actions is requested. Jan. 19, 2021 Item #5 Page 9 of 39 Fiscal Analysis The City Council has allocated $5 million to the Economic Recovery and Revitalization Initiative and there remains adequate capacity in the COVID-19 Small Business Loan Program to continue providing loans consistent with the proposed modifications. Depending upon the City Council’s direction, the fiscal requirements of any other actions will need to be further analyzed. Next Steps Staff will continue implementing the actions outlined in the report. If the City Council approves modifications to the COVID-19 Small Business Loan Program, the city will amend the contract with CDC Small Business Finance and will begin actively promoting the revised loan program. Staff will continue to collaborate with other cities within our region to solicit best practices in supporting, incentivizing and enforcing compliance with health orders. Environmental Evaluation (CEQA) This action is not a “project” as defined in California Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5) because it involves administrative activities of governments that will not result in direct or indirect physical changes in the environment. The action being considered is a report that provides an overview of the various actions and programs that the city has implemented in response to the COVID pandemic and provides a description of possible future actions that could be considered, which on their own accord will not cause a significant environmental impact. As such, this activity is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3). Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date.” Exhibits 1.City Council Resolution 2.Carlsbad COVID-19 local, state, and national collaboration 3.Additional materials memo dated Jan. 5, 2021 4.Temporary outdoor activation permit public health order compliance options Jan. 19, 2021 Item #5 Page 10 of 39 RESOLUTION NO. 2021-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MODIFICATIONS TO THE COVID-19 SMALL BUSINESS LOAN PROGRAM 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; and WHEREAS, on March 4, 2020 Governor Newsom proclaimed a statewide state of emergency as a result of the spread of COVID-19; and WHEREAS, on March 16, 2020, the Director of Emergency Services proclaimed a local state of emergency as a result of the COVID-19 pandemic, which the City Council subsequently ratified and extended; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-20 directing individuals living in California to comply with a State Public Health Officer order to stay at home except as needed to facilitate authorized, necessary activities or to maintain the continuity of operations at critical infrastructure sectors; and WHEREAS, on May 4, 2020 Governor Newsom issued Executive Order N-60-20 allowing non- essential businesses to reopen in four stages in compliance with criteria set by the State Public Health Officer and based on certain public health criteria being met on a county-by-county basis; and WHEREAS, on June 19, 2020, dine-in restaurants, alcohol-serving businesses offering dine-in meals, personal care services businesses and other businesses in the County of San Diego were permitted to reopen subject to compliance with state issued guidance; and WHEREAS, on July 13, 2020, a statewide public health officer order was issued closing bars, pubs, brewpubs, and closing indoor operations of dine-in restaurants, wineries, tasting rooms, family entertainment centers, movie theaters, zoos, museums, and cardrooms; and WHEREAS, the State of California has issued industry guidance for businesses that are allowed to reopen that require modification to business operations which has a direct cost and may have an impact on the space in which businesses may operate thus impacting revenue; and WHEREAS on December 6, 2020, the State of California enacted a Regional Stay at Home Order for Southern California mandating additional closures and modifications for businesses due to Intensive Care Unit capacity dropping below 15 percent in a region; and Jan. 19, 2021 Item #5 Page 11 of 39 WHEREAS, the Regional Stay at Home Order has continued to have an impact on Carlsbad business operations, including closures or reductions in capacity for those in multiple industries; and WHEREAS, the City of Carlsbad unemployment rate spiked to 12.3 percent in April of 2020 and has not yet recovered to the 2019 average of 2.9 percent; and WHEREAS, the City of Carlsbad conducted a survey of businesses impacted by COVID-19 which ended in November and found that forty-six percent of companies indicated the need for more than $25,000 in additional financial relief to maintain operations over the next six months; and WHEREAS, sixty-three percent of businesses surveyed indicated that they experienced a revenue decrease of more than 25 percent due to COVID-19; and WHEREAS, the City of Carlsbad approved a resolution creating an Ad Hoc City Council Economic Revitalization Subcommittee on April 7, 2020; and WHEREAS, the Ad Hoc City Council Economic Revitalization Subcommittee has met 27 times since it was created and provides input on the city's COVID-19 related economic relief efforts and recommendations to the City Council; and WHEREAS, the Ad Hoc City Council Economic Revitalization Subcommittee has participated in developing revisions to the COVID-19 Small Business Loan Program and recommended that they be approved by the City Council; and WHEREAS, it is in the public interest to take steps to ensure local businesses remain economically viable during the COVID-19 pandemic state of emergency; and WHEREAS, there is a public benefit to providing economic relief impacted by the COVID-19 health emergency, so they may continue providing jobs and tax revenue to the City of Carlsbad which funds public services; and WHEREAS, there is a public benefit to providing access to operating capital in the form of low- cost or no-cost loans to allow businesses to fund the cost of payroll, utilities, rent, mortgage interest, insurance, and business operations modifications or adaptations necessary to comply with the public health orders; and WHEREAS, adopting this resolution is necessary and appropriate to mitigate the immediate threats to the public health, safety, and welfare of residents and local businesses from the significant economic impacts of the COVID-19 pandemic by providing economic relief and providing resources to remain open in compliance with the public health orders. Jan. 19, 2021 Item #5 Page 12 of 39 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 conducting a small business loan program to mitigate the economic impacts of COVID-19 serves a public purpose and provides a public benefit. 3.That the parameters for the small business loan program are as shown in Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of January, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor icr BARBARA ENGLESON, ity Clerk Game2 (SEAL) C)et/ Jan. 19, 2021 Item #5 Page 13 of 39 CITY OF CARLSBAD COVID-19 SMALL BUSINESS LOAN PROGRAM A. LOAN PARAMETERS The following are the parameters for all loans issued under the City of Carlsbad’s COVID-19 small business loan program. They are designed to ensure businesses that need resources during the pandemic receive support. Based upon consultation with CDC Small Business Finance, a survey of businesses, and specific information from business that have applied for loans, the following program structure provides for significant participation and deployment of resources while addressing the risk of significant defaults. 1. All applicants must have a valid City of Carlsbad business license or show proof that they have applied for a business license or business license renewal before April 1, 2020 at the time of application. Businesses must have a valid business license before funding is approved. 2. All applicants must demonstrate they have been lawfully operating for at least six months. 3. All applicants shall comply with all laws, regulations, and orders applicable to it, including all public health orders. 4. All applicants must be in good standing with the city. 5. Nationally owned chain businesses or franchises are ineligible; however, chains or franchises that are located in Carlsbad and have a business owner that lives within San Diego County are eligible. 6. Loan funds may be used for operational expenses, such as rent, payroll, mortgage interest, utilities, insurance, the cost of complying with public health orders, and the cost of activating business operation areas. Construction-related work paid for with loan funds must comply with state prevailing wage laws. 7. The first loan repayment may be deferred up to 180 days from the date the loan is issued. 8. The city offers small business microloans of $5,000 to $10,000 for businesses with gross receipts of $2,000,000 or less, or 15 employees or less, and terms of 0% interest if paid back within six months, 1% if paid back within twelve months, and 2% if paid back within eighteen months. 9. The city offers small business recovery loans of $10,000 to $25,000 $50,000 for businesses with gross receipts of $3,000,000 $5,000,000 or less and fewer than 50 employees and terms of 2% interest if paid pack within twelve months and 3% if paid back within thirty months. 10. Applicants may apply for and receive both the small business microloan and the small business recovery loan if all relevant qualifications are met however, applicants may not apply for and receive more than one of the loan product type for a maximum of two loans. B. LOAN APPLICATION EVALUATION AND DISPOSITION CDC Small Business Finance (CDCSBF) will review loan applications based upon the goal of deploying resources to businesses that are affected by COVID-19 while considering factors that present a high risk of default. These factors include: 1. Minimum 640 FICO score but will engage with applicants that have a lower score to understand mitigating factors that may affect the risk of default 2. Bankruptcy must be at least three years old but will engage with applicants with more recent bankruptcy to understand mitigating factors that may affect the risk of default Jan. 19, 2021 Item #5 Page 14 of 39 3. No open liens, judgments, or lawsuits that may present a high risk of default 4. Business owner will be required to sign a personal guarantee, or if there are multiple business owners, the majority business owner will be required to sign the personal guarantee. CDCSBF will provide a list of reviewed applications to the city for validation. Upon validation CDCSBF, will generate the loan documents and route them for signature by the borrower and deputy city manager, administrative services. CDCSBF will service the loan portfolio and will provide monthly reports and invoices to the city for their services. Jan. 19, 2021 Item #5 Page 15 of 39 Carlsbad COVID-19 Local, State, and National Collaboration The following provides many of the ways staff are collaborating with other cities, agencies, and organizations to ensure the city’s response to the COVID-19 health emergency considers other successful operations, programs, and services from around the region, state and nation. Through these points of collaboration, staff has learned from other agencies, incorporating best practices into our response. Additionally, Carlsbad staff shares successful response programs and services developed by staff with others, demonstrating the city’s leadership. Finance Department •California Society of Municipal Finance Officers (CSMFO) Webinar Series “Strategies for Managing Financial Implications Resulting from COVID-19” Fire Department and Emergency Operations Center •Since the beginning of the pandemic, the fire department has assumed a leadership role coordinating emergency medical support and logistical PPE readiness with other agencies throughout the region, spearheading Operation Collaboration and coordinating regional vaccination efforts, including the use of a city location to provide vaccinations •The Emergency Operations Center has been regularly collaborating with regional emergency service organizations, medical operations center and health care and public health agencies, and numerous COVID-19 mitigation and response committees, since January 2020 with the goal of enhancing COVID preparedness •The Emergency Operations Center has also engaged with non-emergency services organizations such as long-term and congregate care, schools, child care facilities, faith- based organizations and other community based organizations Government Affairs •Participation in League of Cities to jointly advocate for funding to address COVID-19 health emergency Human Resources Department •Monthly meetings with the City County Personnel Association (CCPA) which is attended by Human Resource managers/directors from each of the 18 public agencies in San Diego county, including the county, with added focus on COVID-19 compliance and operational issues •Continued collaboration with Human Resources staff in other San Diego region public agencies in general to share information and documents (policies, forms etc.) related to COVID-19 Exhibit 2 Jan. 19, 2021 Item #5 Page 16 of 39 Library & Cultural Arts Department •Local, state, and national collaboration to share information and resources regarding current state of services and recommendations and best practices in library and arts during Covid-19 closures o Monthly roundtable discussions with library directors in Serra Cooperative Library System (San Diego and Imperial Counties). Sharing of updates regarding COVID-19 based service adjustments in local agencies o Bi-monthly meetings of library directors hosted by the California State Library; California State Library Literacy Services bi-monthly meetings and regional meetings o Board member representation at San Diego Council on Literacy Executive, Finance and Board Meetings o Collaborative meetings of directors and deputy directors of the national Urban Libraries Council o Following Institute of Museum and Library Services research study, REALM (Reopening Archives, Libraries, and Museums). Provides current guidance regarding quarantining library materials before recirculation o North County Arts Alliance quarterly meetings and bi-weekly e-newsletters with board members from regional arts organizations and local municipalities including sharing information on current status of operations and programming (including virtual), strategies for offsetting pandemic impacts, and support and funding sources. Office of Innovation and Economic Development •Weekly touch base with 78 Corridor city’s economic development staff with Innovate78 •Bi-weekly calls with Carlsbad Chamber of Commerce, Carlsbad Village Association and Visit Carlsbad •Bi-weekly collaboration calls with all North County cities through San Diego North EDC •Bi-weekly county business telebriefing discussing COVID-19 impacts and regulations for businesses •Monthly coordination with regional economic development efforts with San Diego Regional EDC Parks and Recreation Department •Local, state, and national collaboration with multiple jurisdictions to share information and recommendations on various parks and recreation facilities, programs, events, and virtual and in person services related to COVID-19 o County of San Diego, Health and Human Services Agency - Cities, Government and Tribal Nations Sector emails, teleconferences, and Zoom Meetings Jan. 19, 2021 Item #5 Page 17 of 39 o California Department of Parks and Recreation Society – Administrative, Operations Maintenance, Programming and Aquatics Sectors’ emails, teleconferences, webinars, forums and Zoom Meetings o National Recreation and Parks Association - Industry Guidance, Innovation and Family Health and Fitness Sectors’ emails, surveys, teleconferences and webinars Police Department •Frequent collaboration with county partners in providing education, gaining compliance, and have supported each other’s efforts regarding documentation and enforcement of the County Health Order •Regular meetings that include the San Diego County Safe Re-Opening Compliance Team, Sheriff’s Department, District Attorney’s Office, San Diego County Counsel, and the San Diego Regions Department of Alcoholic Beverage Control o Information gained from these meetings are frequently shared with our city partners in helping identify the scope and action plans to specific COVID-19 problems within the City of Carlsbad. Public Works Department •Local and state collaboration with multiple jurisdictions to share information and recommendations on various public works services related to COVID-19 o Phone conferences and email exchanges with other north county Public Works staff on COVID-19 related items such as cleaning and disinfecting, physical or sneeze barriers, work schedules, playground maintenance, fleet, etc. o Monthly League of California Cities Public Works Department meetings that discuss similar issues during the pandemic as well as other items such as advocacy for postponing deadlines on some funding items o Recurring quarterly meetings with the Regional Construction Procurement Committee, which discusses procurement of public works and Capital Improvement Program (CIP) construction contracts and pandemic impacts. Participants include the local cities, County of San Diego, Airport Authority, SANDAG, Port of San Diego, Navy and other associations including Association of General Contractors (AGC), Design-Build Institute of America (DBIA), Construction Management Association of America (CMAA), and American Public Works Association (APWA). o Monthly APWA meetings in which many COVID-19 specific issues are discussed. Participants include local cities and other agencies such as County of San Diego, Navy, Caltrans and SANDAG as well as consultants in the public works, engineering and construction industries. Jan. 19, 2021 Item #5 Page 18 of 39 o Monthly meetings with the County’s Integrated Waste Management Technical Advisory Committee, which include discussions on impacts of COVID-19 on the waste and recycling industry. Participants include San Diego County jurisdictions and regulatory agencies. •Consistent engagement and recurring meetings on COVID-19 items relating to water and wastewater with San Diego County Water Agency, its member agencies, other special districts and neighboring agencies including Marine Corps Base Camp Pendleton Jan. 19, 2021 Item #5 Page 19 of 39 Exhibit 3 Jan. 19, 2021 Item #5 Page 20 of 39 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. Jan. 19, 2021 Item #5 Page 21 of 39 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}. Jan. 19, 2021 Item #5 Page 22 of 39 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 Exhibit 4 Jan. 19, 2021 Item #5 Page 23 of 39 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 Jan. 19, 2021 Item #5 Page 24 of 39 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: Jan. 19, 2021 Item #5 Page 25 of 39 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 Jan. 19, 2021 Item #5 Page 26 of 39 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 Jan. 19, 2021 Item #5 Page 27 of 39 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 Jan. 19, 2021 Item #5 Page 28 of 39 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 Jan. 19, 2021 Item #5 Page 29 of 39 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 Jan. 19, 2021 Item #5 Page 30 of 39 { 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 Jan. 19, 2021 Item #5 Page 31 of 39 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 Jan. 19, 2021 Item #5 Page 32 of 39 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 Jan. 19, 2021 Item #5 Page 33 of 39 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 Jan. 19, 2021 Item #5 Page 34 of 39 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. 19, 2021 Item #5 Page 35 of 39 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. 19, 2021 Item #5 Page 36 of 39 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 Jan. 19, 2021 Item #5 Page 37 of 39 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. Temporary Outdoor Activation Permit Public Health Order Compliance Options The City Council empowered the Director of Emergency Services to temporarily suspend or modify certain land development standards to mitigate the economic effects on local business due to the COVID-19 Pandemic State of the Emergency. These suspensions of development standards allowed the city to issue permits that would let businesses temporarily activate outdoor space so that they could continue to operate during this crisis. Without this City Council action, most businesses could not be issued a temporary activation permit to operate outdoors. Overview The goal of the Community Development Department’s Code Enforcement Division is to ensure compliance with established regulations that protect public health, safety and general welfare and maintain the unique quality of life we enjoy in the City of Carlsbad. Many code violation cases result from property and business owners who unknowingly violate established ordinances and regulations. As such, educating the community about the rules and standards is one of the best ways that the city and community can prevent violations from occurring or reoccurring. For most code complaints that are filed with the division, staff issues a verbal warning which involves a polite conservation with the responsible party informing them of the violation and the steps that need to be taken to resolve or address the infraction. Most violations are successfully addressed and resolved following a verbal warning. Unfortunately, in some cases, education and encouragement alone does not generate the level of compliance that is expected from the city. As a result, progressive citation protocols are available within the Carlsbad Municipal Code to further encourage compliance. Following a verbal warning, the following notification protocols are typically applied. Notice of Violation A person or business that fails to comply with a verbal warning within the specified time is issued a formal Notice of Violation (NOV). An NOV formally notices the responsible party of the violation, deadline for compliance, code section violated, corrective actions required, and consequences for noncompliance. Jan. 19, 2021 Item #5 Page 38 of 39 Administrative Citations The responsible party who fails to timely comply with the NOV will be issued an administrative citation. The administrative citation includes the same components as the notice of violation with a progressive penalty. $100 for the 1st Administrative Citation $200 for the 2nd Administrative Citation $500 for the 3rd and subsequent Administrative Citations Suspension and Citation Options Working with the City Attorney’s Office, because these permits were issued specifically in response to and to help address the impacts of the COVID pandemic, the permits are subject our codes and regulations, which includes the public health order. Should the City Council wish to initiate enforcement action against those businesses holding a temporary activation permit that fail to comply with the SOHO, staff recommends the following enforcement protocols. o A letter from the department to all permit holders reminding them that they must comply with the SOHO and failure to meet state guidelines may result in the revocation of their permit and subsequent removal of any improvements located with the public right-of-way. This action qualifies as a “verbal notice” under normal circumstances. o A Notice of Violation issued, 72-hours following issuance of the letter to businesses that continue to violate the SOHO. The NOV will give them 24-hours to comply. o Administrative Citations issued per section above with inspections occurring every 24-hours. o Staff can also coordinate with the State Department of Alcoholic Beverage Control (ABC) on liquor license enforcement where the city will notify them of any alcohol serving businesses violating the health order. Staff recommends that this notification occur once the Notice of Violation is issued. It should be noted that with this priority, staff anticipates that non-COVID enforcement cases will be delayed. Jan. 19, 2021 Item #5 Page 39 of 39 Tammy Cloud-McMinn From: Sent: To: Subject: Steve lundqvist Saturday, January 16, 2021 1:28 PM City Clerk No to Deputization! .,., All Receive -Agenda Item # J For the Information of the: TY COUNCIL Date CA ✓cc ' CM_ACM ....-OCM {3)_L Please do not approve the Deputization of non trained and partisan people to monitor our small businesses. They do EVERYTHING asked of them, and many times much, much more, and yet they are still targeted. They follow procedures set forth by the Governor. Please do not approve of this. It's a very scary path to go down! Steve lundqvist Carlsbad,CA.92008 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: Fred Briggs Sunday, January 17, 2021 10:09 AM City Clerk Upcoming City Council Meeting of 1/19/21, Written Comments on Agenda Item 5. COVID-19: MINUTE ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE - Mr. Mayor and Carlsbad City Council Members, I wish to lend support to the necessity for meaningful enforcement by the City of Carlsbad to violations of California State and County of San Diego public health orders. It takes only a brief stroll though the Village to witness blatant violations of current public health orders. If the current criteria is "Stay at home except for essential business, wear a mask outside your own home, maintain a minimum of 6' distancing, restaurants limited to take-out only and no gatherings of any kind", then many of our businesses and large numbers of individuals and organizations are in willful non-compliance. Dr. Anthony Faucci recently addressed the specific dangers of the growing non-compliance: the downstream consequences will absolutely mean more unnecessary deaths from COVID. The C_DC announced yesterday that the fast-spreading "British Variant" will be the dominant source of infection in the US by March. It's doubtful that our national vaccination effort will be far enough along to be of any significant help. Other credible experts predict that our situation will be similar to Britain's in six to eight weeks. The pandemic is not over, although we may see a temporary decrease in the recent horrifying statistics. Turning a blind eye to the dangers of ignoring science and weakening containment measures by inaction is simply going to transfer the consequences from the business community to a different and more vulnerable population. I sympathize with plight of our local small businesses. Surely there are other City and community actions we can take to aid them and assist in their survival. However, given the current level of pandemic fatigue and widespread economic pressure, meaningful enforcement on violators is going to be necessary. Good words and kind wishes are not going to turn this pandemic around. 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: SYLVIA G RAMIREZ Sunday, January 17, 2021 1:28 PM City Clerk January 19 Meeting, Agenda Item 5 .. Comprehensive Approach to Address Public Health Compliance Currently many of our small business restaurants are staging a peaceful protest and continuing to serve customers outdoors using Covid-19 approved methods. The Health Order allows for both protests and religious services. The health order is NOT a law. And there have been legal challenges to this specific Health Order regarding outdoor dining and the lack of data that eating outdoors is spreading COVID. We definitely need to socially distance and wear masks. However, we don't need to close down our city based on Health Orders that don't have specific data to prove you get COVID eating in an outdoor restaurant. In fact there have been the highest instances of community outbreaks in stores such as COSTCO, Walmart, Target, Home Depot. We also should recognize that we don't understand everything about this Pandemic. For example, we closed our beaches and parks in March and at least one Carlsbad council member didn't want to reopen our beaches even when other nearby cities did. Now our Governor is telling everyone to go out and exercise at beaches and parks. We do know that the virus spreads more indoors without ventilation. In spite of that, people pack into COSTCO for "essential items" such as Valentine's Candy and good prices on alcohol and clothing. However, the worst thing that has happened to Carlsbad is we have been put in the Southern California Region. We are now tying our chances to reopen with Los Angeles County where they have never had control of the virus. What I would like you to do is spend your time getting us out of this 5 region approach and return to county data. If we have to wait until LA stops the spread, most of our businesses (restaurants and stores that are not part of large chains) will close. They are barely hanging on now. as of January 16, 2021 Total Cases Total Deaths LA DATA 1,004,693 13,757 San Diego County Data 209,687 2,065 Carlsbad Data fatalities." 3,353 from City Manager's report "City of Carlsbad has now had its first According to the data, it is obvious that COVID threat is not hitting this city as hard. We need to look at the data and recognize that Carlsbad can and should allow outdoor dining as long as it is done safely. Our small business restaurants want support and they deserve it. Remember, you don't have to go out and eat at these restaurants. It's a choice, and it's a choice that some of us welcome and support. Sincerely, Raymond* and Sylvia Ramirez Raymond is a 78 year resident of Carlsbad Raymond and Sylvia have lived in old rural Carlsbad 53 years and raised 5 children. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Paula Yokoyama Sunday, January 17, 2021 4:23 PM City Clerk Covid 19: Minute Motion to address Health Order Compliance Dear Clerk, I am writing to say 'NO" to this motion. Carlsbad businesses are failing because they can't open when the "Science" does not prove Covid is spread from businesses. Many citizens and having large home parties and dinners and spreading Covid. This motion is punitive and harsh. it is not based on science. It is causing people to lose their jobs and businesses. NO .. on this bad motion. Paula Yokoyama Carlsbad 92009. 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: Cc: Subject: Vickey Syage Sunday, January 17, 2021 5:09 PM Council Internet Email City Clerk; Cori Schumacher; Matthew Hall; Priya Bhat-Patel; Keith Blackburn; Teresa Acosta; Scott Chadwick; Celia Brewer COVID-19: MINUTE ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE- Agenda Item #5 -Tuesday, Jan 19, 2021. Please include as part of the public record. Good Afternoon All, First off, thank you Council Member Schumacher for being the catalyst for the Special Covid policy Council meeting on Tuesday, Jan 5, 2021. I intended to participate, to beg you to enforce the Health orders, but I was busy trying to find the 3rd Emergency Room in 2 days for my brother who came down with the virus. He's an essential worker, part of surgical teams. He caught Covid from a patient, even though he always wore all the hospital provided PPE. My brother tested positive on Dec 27th• with his first symptoms showing up on Dec 26th. Fortunately, my family heeded the CDC's advice; we celebrated Christmas Eve together virtually, otherwise there would have been potentially 20 more Covid cases in San Diego County. My brother's case was called a "moderate" case, although I hardly call 7 days of 103 -104 fevers, body aches so painful that at one point he was up for 48 hours, and the inability to keep any food down as moderate. He lost his sense of taste and smell, and we thought, fortunately, no breathing issues. On Sunday, Jan 3rd, I got a text from him, "Finally turned the corner. Starting to feel better." Little did I know that corner was a step off of a cliff where he nearly lost his life. In less than 24 hours he went from feeling better, to dangerously low oxygen levels. Covid pneumonia had silently set in. He has no underlying health conditions, he's not overweight, doesn't smoke, yet he couldn't walk from his bed to the bathroom without resting. He fell down at one point and didn't have the breath to call for help. 5 ER visits in 4 days. He wasn't "sick enough" to be admitted, so the poor overworked emergency departments tent treated him as best they could and sent him home. You see, Covid patients don't go inside the hospital. You wait in open-air, unheated tents, sitting on cold metal chairs, and you wait, and wait, and wait. One night the tent was 42 degrees with an estimated wait time of 15 hours. His wife picked him up because I found an emergency department that had a 3 hour wait. One night he was taken by ambulance to the hospital closest to his home, where he sat untreated on a gurney in the ambulance for 6 hours. To get admitted to the hospital with Covid these days, you have to be one step away from intubation. Intubation is one step away from death. My brother was two steps away ..... It was awful. My brother needed oxygen. In San Diego, there were no oxygen tanks to take home. He needed steroids -he was given an initial treatment at one ER. 5 pharmacies later we were able to fill the prescription for the next 5 days. Everyone had it "on order." Remvesidir-forget it. Monoclonal antibodies - you've got to be joking. There was none of either, at least during the week that this Council met to discuss Covid compliance. My brother drew the Covid short straw. He made it, but he's still not well. That's going to take some time. You know what this City Council was doing as I was calling and texting everyone I knew to get medical help for my brother? You did nothing. You kicked the can down the road. You all, as a group, whose greatest duty is to protect your residents, effectively created a non-stop super spreader event in the Village. Bars and restaurants are now open with INSIDE and OUTSIDE dining because collectively, as a group, you didn't have the moral courage to take a stand and protect not only us your residents, but all the hard working dedicated first responders, who tearfully and apologetically had to send my brother away because so many others were sicker. I hope you will find the strength to do the right thing today, so no other family has to go through what my family went through 2 weeks ago. 1 If you don't, the Village will continue to be a ongoing super-spreader event, with people com ing from all over San Diego, Riverside and Orange Counties, because everywhere else is shut down, and we won't get out of this mess for a long, long time. It rests with you. The buck stops you. You have the power to save lives. Please use it. Do the right thing. Protect us. Lives before money. Thank you. Respectfully, Vickey Syage Carlsbad Resident en attachments or click on links unless ou reco nize the sender and know the content i 2 Tammy Cloud-McMinn From: Sent: To: Subject: Dear City Council Members, Mary Jean Tibbels Sunday, January 17, 2021 6:16 PM City Clerk Council Meeting Please listen to your constituents when they tell you to keep our restaurants open. You spent five hours two weeks ago listening to restaurant owners & workers begging you to let them work so they could provide for their families, & now you are doing it all over? Stand up for our city, our businesses, & our workers. Vote to keep them open. Science shows that Covid cases are NOT coming from restaurants or gyms, but from inside gatherings. Please support the workers in our city. 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: Jean Walker Sunday, January 17, 2021 10:02 PM City Clerk City Council meeting item #5 regarding Public Health Orders Hi. My name is Jean Walker. I am a 16 year resident of Carlsbad. I am concerned about several of the proposals included on the City Council agenda this week under item #5. First, these proposals have not been vetted or approved for their legality. The City Council should not be voting on anything that has not been vetted by legal counsel as to its lawfulness or constitut ionality. Second, some of the recommendations create a preference for some businesses over others. Not only is this creating an "us vs. them" scenario in our community, it involves government preferences and discrimination. If these issues had been vetted by legal counsel, that issue could have been addressed. The City legally cannot decide to support Campfire Restaurant over Las Olas. That's prima facia discrimination and not allowed under the law. Third, it appears that when the small business loan program was originally created, there was no requirement that the businesses who received funding needed to be in compliance with County health orders. It appears that issue was clarified in late December 2020. So, now businesses are not allowed to receive funding if they are out of compliance with County Health Orders. What happens to the businesses who received funding prior to the Dec~mber 2020 changes? Are those businesses still not in the horrible position they were in before? If they legally received funding in the first round and nothing has changed in their o_perations, why should they not be allowed to receive funding again? Fourth, there is no science backing these public health orders. In Carlsbad, there have been a total of two Covid outbreaks related to restaurants. One of those restaurants is now permanently closed and the other is not currently offering dining. Dr. Wilma Wooten, t he County director of the Department of Health and Human Services has st ated publicly that she is very concerned that closing outdoor dining will force people to gather in private, indoors, in poorly ventilated conditions, which is actually contributing to upwards of 70% of Covid cases. Dr. Ghaly, the State Director of the Department of Health and Human Services has publicly stated that closing outdoor dining has nothing to do with Covid numbers. For additional evidence, look to what has already been closed including churches, schools, spas, salons, hairdressers, estheticians, all of them and Covid numbers are still up. Now, thousands of people who work in these industries are unemployed and not receiving any assistance because the State EDD can't process checks correctly. There is no reason why any of these people are out of work. Their workplaces are not responsible for the vast majority of Covid cases. Indoor gatherings in private homes in poorly ventilated areas are to blame, especially when people gather in these places without masks or social distancing. Why would Carlsbad enforce laws that not only are discriminatory, but which don't have science backing them? Fifth, one of the recommendations suggested (and these were all suggestions in the staff report, NOT recommendations) was to pull the permits for businesses that received waivers for build outdoor patios on the sidewalks and streets in order to comply with State law at the time which DID allow outdoor dining. Those businesses spent substantial funds building those outdoor patios, outside of the permits. Some are very substantial, outdoor structures, such as the patio created in the parking lot of the Viggilucci's on Tamarack. You cannot expect those businesses to now just accept that those funds were wasted. They built those patios in good faith and in compliance with the existing State orders. Now, the State has new orders and livlihoods will be lost due to those permits being pulled. Arguably, that could be considered bad faith on the part of the City and subject to a lawsuit. Again, none of these suggestions was vetted for legality, so who knows? 1 And if the City chooses to pull the permits on these businesses, think of all the restaurant owners, managers, bartenders, hostesses, hosts, wait staff, dishwashers, restaurant cleaning crews, produce truck drivers, farmers, ranchers and on down the line who will be affected by that decision. These aren't generally wealthy people. They are across the spectrum of young and old, single parents often and a LOT of women and minorities who will have their livihoods taken away from them without purpose and without science to back it up. You know who they are, though? They are our neighbors, our community, our friends. These are the people we go to for our school fund raisers and sports team sponsors. Carlsbad has already lost hundreds of jobs with the closing of Gregorio's, Leap Coffee, Koko Beach, O'Sullivan's, Cold Beer and Cheeseburgers, Souplantation, Sushi Varna, That Pizza Place, Lucha Libre Gourmet Taco Shop, and Hacienda de Vega. Don't add insult to the injuries already being sustained by the restaurants that are still operating. Have some compassion and assist them in their time of need. Don't kick them to the corner. Help them, the way they have been helping our community for years. Thank you. Jean Walker CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 2 Tammy Cloud-McMinn From: Sent: To: Subject: Miki Edwards Monday, January 18, 2021 9:50 AM City Clerk I'm Supporting Carlsbad Businesses (all of them) Our elected officials should not pick winners and losers! All businesses need to open safely! Please, Do NOT make ANY modifications to the COVID19 small business loan Program! (The City should NOT withhold ANY financial funding or support from ANY business) Do Not divert ANY funding from the budget to Police Department or to hire a private safety officers to cite businesses or residents who are not compliant with the health order as it is NOT a LAW! We need our law enforcement where it should be! We have so much homeless and crime -how is this protecting us if you are having police monitoring our own people who have put a lot of money, time, sweat and pain into their businesses. We won't be able to sustain the great city of Carlsbad. We are the envy right now of San Diego! The City and Carlsbad City Council needs to do your job by focusing on what is best for our community and does not need to work on a REGIONAL COMPREHENSIVE APPROACH! (Carlsbad is NOT SD and their responsibility is to govern Carlsbad!) Marian Edwards Mobile: 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: eugenia whaley Monday, January 18, 2021 10:51 AM City Clerk Mike Whaley; Tracy Carmichael City Council 1. Our elected officials should not pick winners and losers! 2. All businesses need to open safely! 3. The City should NOT withhold ANY financial funding or support from ANY business! 4. IT IS NOT A LAW to cite businesses or residents who are not compliant with the health order! 5. Carlsbad is NOT SAN DIEGO and your responsibility is to govern CARLSBAD! EUGENIA WHALEY 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: Andrea Ryon Monday, January 18, 2021 10:52 AM City Clerk AGENDA #5, COVID19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE My husband and I are 35-year+ residents of Carlsbad and have always lived in what is now District 1. We do not support any type of "regional comprehensive approach" to address public health order compliance in Carlsbad. We need our City Council to focus only on what is best for the businesses in Carlsbad and our city residents. That is the job of the Council! We want: 1. ALL businesses to open safely! 2. NO modifications-to the COVID19 small business Loan Program! 3. NO diversion of any funding from the budget to the Carlsbad Police Department or to hire private safety officers to cite businesses or residents·who are not compliant with the health order. Respectfully, Andrea and Roger Ryon District 1 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: Carlsbad City Council Mary Frances Monday, January 18, 2021 11 :48 AM City Clerk; Matthew Hall; Priya Bhat-Patel; Teresa Acosta; Cori Schumacher; Keith Blackburn Council meeting -DO NOT PUNISH OUR BUSINESS We are all conscious of the horrendous effects of Covid on the economy and welfare both financially and to our family and friends. The effect on our family owned business has been devastating. A special meeting is being called by Cori Schumacher for January 5 to add 'enhance enforcement against restaurants, salons and gyms. Haven't they had enough? Added expenses to address the Health department requirements. It failed fabulously, didn't you listen? To date there is NO scientific reason to not have outdoor activities No science says it is harmful. We need to protect livelihood and lives that are at stake. Most doctors will agree the increase is from the 'closeness of families -being together'. These business are struggling, many have gone BKO and many on the verge. If we insist on punishing these business from trying to survive and keep food on the table, then I ask these decision makers to 'forfeit' salaries until we are open and back to business. That goes for City of Carlsbad Council members, also. DO NOT PUNISH BUSINESS FOR TRYING TO STAY ALIVE. They have families to feed, rent to pay and survive. Do Not punish these businesses any more -you were elected to 'help' our Community, I ask you to be honorable. Thank you for your contributions. Mary Frances CAUTION: Do not open attachments or click on links unless nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Sheree Segura Monday, )anuary 18, 2021 11:54 AM City Clerk Agenda #5 Covid Every business and all schools need to be open immediately for in person learning. This madness has gone on for too long. Squelching small businesses and hurting our children is unconscionable. Sheree Segura 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Dear Carlsbad Council Members, Mary Murphy Huber Monday, January 18, 2021 1 :02 PM City Clerk Mary Murphy Huber AGENDA #5, titled COVID19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE I can't believe I am once again w riting to you with my total dis~greement: All businesses need to open safely! Do Not make ANY modifications to the COVID19 small business loan Program! Do Not divert ANY funding from the budget to the Police Department or to hire private safety officers to cite businesses or residents who are not compliant with the health order it is NOT a LAW! Do Not work on a REGIONAL COMPREHENSIVE APPROACH! Respectfully, Mary Huber District 2 Resident Mary Murphy Huber 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 the Mayor & city council, Michael Shatto Monday, January 18, 2021 2:08 PM City Clerk January 19 2021 City Council Meeting -Public Comment You are now holding a second council meeting to discuss enacting punitive measures on local businesses and residents. The voice of the people was made clear last week. There is near unanimous consent ofthe residents of Carlsbad against enhance~ enforcement yet here we are again. I posed these questions last week and do so again. I believe the council must answer these questions before voting to enact punitive measures on a select group of business owners and residents. If you answer NO on any of these questions, you shoul,d out of decency, vote to deny using enhanced enforcement against local businesses and residents. 1) Will you return any pay, per diems or compensation afforded you by the city until all local businesses can operate at full service again? A resolution would be true leadership and show that we are all in this together. Will you each agree to do this? 2) Will you use law enforcement personnel and city funds to cite and fine families mixing between households which data shows is the primary cause of COVID-19 spread? 3) Will you use law enforcement personnel and city funds to issue fines and citations to persons not wearing a mask outside when leaving their homes? If you believe a shutdown is necessary, please have the courage of your convictions, and do so across the board. 4) Will you commit to fining retail outlets, particularly big box retailers who are in violation of the county health order? 6) Will you stop the farmers market on State Street which is in clear violation of the health order? 7) Will the councilpersons who openly participated in the early summer, George Floyd protests and then went on social media and openly advertised their participation have the decency to publicly state why they felt that they, as an elected official, can pick and choose when they can place themselves and others in situations more likely to catch and spread Covid-19 whereas other residents and business owners will now face citations, fines, and other punishments? Hypocrisy is tearing this fabric of the nation apart. 8) Will law enforcement be used to prevent people from working in "non-essential" offices or work spaces? 9) If local restaurants are forced into insolvency what will the city council do to assist them? Will they pass a measure that will cease the collection of rents? Will the city council aid property owners facing legal and financial difficulties with mortgage owners? Will the city council pass a measure that prevents banks from collecting mortgage payments or forcing defaults on properties in the city limits? Again, if you choose enhanced enforcement you should be prepared to provide assistance to those persons affected by the arbitrary and capricious decisions made by our elected officials. 10) There is an estimated $5 million in Covid-19 assistance funds available to businesses in the city. Will there be additional funds made available once these funds run dry? 1 These are just a few questions that I hope the mayor and council will provide answers to before a vote is taken to punish and fine residents and business owners who are peacefully exercising their constitutional rights. I doubt that will provide answers to these questions but, we the people of Carlsbad deserve answers. Sincerely, Michael Shatto Carlsbad District 1 Resident 2 Tammy Cloud-McMinn From: Sent: To: Subject: Jeordie Fellner Monday, January 18, 2021 2:16 PM City Clerk Carlsbad Issues Please focus on what is best for the community of Carlsbad and its citizens. Thank you, Jeordie Fellner 1 Tammy Cloud-McMinn From: Sent: To: Subject: C Penick Monday, January 18, 2021 5:20 PM City Clerk NO REGIONAL ENFORCEMENT SMALL BUSINESS OPENINGS Please put me down as one who opposes the proposal that we join forces with Encinitas and San Diego to enforce business closures and and shut downs! Carlsbad already voted on this, Ms. Schumacher needs to leave it alone and let it be. We locals are trying to support other Carlsbad families and small businesses that are hurting so badly! Thank you. Cindy Penick Carlsbad 92008 1 Tammy Cloud-McMinn From: Sent: To: Subject: William J. Sheffler Monday, January 18, 2021 5:28 PM City Clerk Jan 19 City Council meeting agenda item #5 County has resources to enforce its own orders. In my opinion, adding additional layers of regulation locally is unnecessary. Further, defunding existing law enforcement and redirecting assets to a companion city initiative has dangers to the community. The lockdowns thus far have not been based on "science", and result in collateral damage on a wide scale. The damage to the business community continues to mount. Not only are middle class business owners damaged but their employees who are least able sustain themselves are hurt. We have already seen increases in domestic violence, and suicide attributable to virus containment measures. And internationally, the UN has estimated that lockdowns will result in more than 130 million additional starvation deaths. In November, the British Med ical Journal reported that "there is a growing consensus that the measure of successful public health interventions cannot solely rest with death counts from covid-19. The downstream harms of lockdowns must be considered in the benefit-to-harm calculus of various forms of lockdown." I urge the council to resist the temptation to impose additional regulations which create further social disruption and human tragedy. Yours Truly, William J. Sheffler, FCA, EA, MSPA, ASA San Diego Analytics Actuaries and Employee Benefits Consultants Carlsbad, California 92008 W: https://www.sdanalytics.net 1 Tammy Cloud-McMinn From: Sent: To: Subject: Sarah Davis Monday, January 18, 2021 5:41 PM City Clerk Agenda #5 I Strongly oppose any enforcement of the local small businesses in Carlsbad who are still struggling to survive. If it was really about saving lives then the big box retailers would also be given stricter guidelines and mandates and shutdowns. These are the businesses posing a risk to society ... NOT the small businesses who continue to take sanitation and covid measures seriously. ALL businesses are essential to the future of our community and economy. Without these small businesses there will be no tourism ... our town will go under, vandalism will rise, homelessnes will worsen ... Where have our tax dollars been when we have had multiple break in's and robberies throughout our Village??? We are closely watching as a community how you vote on this topic today and in the future. We the people are speaking and we hope you are listening. Sarah Davis CAUTION: Do not open attachments or click on links unless nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Hi Matt, Josh Mangini • Monday, January 18, 2021 5:55 PM Matthew Hall. City Clerk Covid restriction enforcement I am a concerned home owner and voter that lives in Carlsbad . I keep seeing the city council voting to increase enforcement of Covid restrictions in my city. This is ridiculous! These restaurants and bars are the back bone of our city and are on the verge of all going under and not coming back. These places of business can safely remain open with masks, temperature checks, and social distancing once inside. There is no science behind these ridiculous lock-downs and the majority of covid spread is happening at social gatherings not at small businesses. The voters are watching and dont approve of any enforcement ! Thank you for understanding. Josh Mangini 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: SUSANNE FLETCHER Monday, January 18, 2021 7:51 PM City Clerk; Matthew Hall SAVE YOUR CBAD BUSINESSES AND YOUR COMMUNITY MEMBERS I am so honored to call Carlsbad CA my home and as a newer resident of Carlsbad, over the last 3 years I have enjoyed the warm feeling of community I have experienced at each and every small business that that makes this Village and the City of Carlsbad so very special. These small businesses are the backbone of this city. The people who own these businesses and the staff that work at them are the reason so many tourists visit and return to Carlsbad year after year. These businesses support the City of Carlsbad and it is now time for the City of Carlsbad to SUPPORT THESE BUSINESSES and allow them to remain open for business while following th_e protocols that were placed when they were finally allowed to reopen for take away, then for outdoor dining. Imagine State Street with empty spaces with for rent signs in the windows of Garcia's, Vigilucci's, Oak and Elixir, Barrel Republic, Campfire, Baba Coffee, Carruth Callars, Pure, Sharline Cafe, Jeune e Jolie, The Cantin a. Then walk over to Village Faire, more for rent signs at The Compass, Naked Cafe, Gregorio's, Himalayan Kitchen, Vinaka, Hooked on Poke, Coyote, Gonzo Ramen. Then look on the PCH, more for rent /sale signs at Jay's, Knockout, Las Olas, Park 101, Koko Beach, Swami's, Blue Water, Paon, Grubby's ..... COME ON-the list goes on and on! Think of the thousands of employee's affected (your community members). Now without work, trying to pay rent, school loans, car payments, health insurance and put food on the table because the City they love and support ignored their plight and chose to follow the guidelines of a governor who made decisions, with no firm evidence, that these businesses were somehow causing the surge in cases. You have the ability to save Carlsbad. Save these small businesses from having to close their doors and turn Carlsbad into a ghost town. These establishments will abide by social distancing guidelines, they will require that employees and patrons alike wear masks and ensure for the safety of their staff and their patrons. **Please vote in favor of your community and the businesses that make Carlsbad such a special and amazing place-without them you might as well get rid of the CARLSBAD sign over the intersection of Carlsbad Blvd and the Village Drive and change it to CLOSED! I will be watching the Council meeting and hope you consider the thousands of emails you undoubtedly have received and VOTE TO SAVE YOUR CITY! Please show you care for the community that cared enough to vote you in to your position and SAVE YOUR CARLSBAD BUSINESSES! I so appreciate your taking the time to read my email. Susanne T Fletcher 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: Dear city council- Dawn Saunders Monday, January 18, 2021 8:08 PM City Clerk Item 5 I ask you to let our businesses and neighbors be responsible for their actions. Do not enforce mandates or ordinances. Support out city! Our businesses are the heart of the our beloved city. Let's offer our citizens and businesses the opportunity and the freedom to make their choices. Help our businesses get back on their feet not to punish them! Respectfully, Dawn Saunders Carlsbad resident 1 Tammy Cloud-McMinn From: Sent: To: Subject: All, Jim Burke Monday, January 18, 2021 9:20 PM Priya Bhat-Patel; Matthew Hall; Cori Schumacher; Teresa Acosta; City Clerk; Keith Blackburn; Mary Stanley; Kris Doan; Terry Burke; James Burke; Jenn and Karl Crnkovich; Megan Filipovic Your Attention We are concerned your bias toward draconian restrictions are political and deaf to the needs of our Carlsbad community .Proof is your intent to use unelected officials unsupported "health mandates" to shame and penalize local businesses. Your blindness to the efforts of local businesses to comply with needed COVID countermeasures and still be forced to listen to you, non-experts,who live and suffer under an "abundance of caution" public policy set of errors. It is not your responsibility to protect citizens against their decisions which are not illegal e.g. DUI.. We are all conscious of the horrendous effects of Covid on the economy and welfare both financially and to our family and friends. But business and the taxes generated are the locomotive which drive both our economy and way of life. Carlsbad is NOT LA-stop treating us like we are! The effects on our family owned businesses have been devastating. At special meeting called by Cori Schumacher for January 5 to add 'enhance enforcement against restaurants, salons and gyms. The responding outpour was overwhelming in support of the businesses. Were you listening to your constituents? To date there is NO scientific reason to not have reasonable outdoor activities-not collegiate lake parties! We need to protect both livelihood and lives that are at stake. You are way to the left of center. Most doctors will agree the increase is from the 'closeness of families being together'. These businesses are struggling, many have gone BKO and many more are on the verge. Stop trying to punish these businesses from trying to survive, employ our neighbors, keep food on the table and pay their mortgages. They need help . People have the option to stay home if they feel uncomfortable -it's called 'rights'. Others have the right to choose. I would be much happier as a citizen and voter if YOU all focused on getting the Vaccines to our community! Jim Burke Carlsbad CA 92011 Sincerely, 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: Importance: Dear City Council Members Cindy Kasper Monday, January 18, 2021 9:45 PM City Clerk 5. COVID-19: MINUTE ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH High I implore you to take strong action against those who are ignoring public health orders & put Carlsbad residents at risk. Many Calif cities have fines in place for those who refuse to mask up. While I do sympathize with restaurants and think the ban on outdoor dining is extreme, I strongly believe that those who "protest" by being open for indoor dining must face the consequences. No one is above the law. Rather than defying the order, the restaurants should seek injunctive relief and not just ignore laws they don't agree with. Please do not let your actions be determined by mob rule. As an elected official it is your duty to enforce the public health orders. Someone dies in Los Angeles every six minutes from Covid ... ls that your plan for Carlsbad? Sincerely, Cindy Kasper a Carlsbad resident since.1998 1 Tammy Cloud-McMinn From: Sent: To: Subject: To the City Council, Donna Johnson Monday, January 18, 2021 10:34 PM City Clerk City Council. Covid Restrictions For the sake of the Community and the livelihood of the business owners, all businesses nee·d to open safely immediately. Our economy depends on it. Some owners have lost their life savings and won't be able to come back. This is a punishment, not a helpful decision. All monies coming into Carlsbad need to go to business owners only. If you don't open Carlsbad immediately, all will be lost to this beautiful community. I urge you to what is best for us, the residents. Open the doors. Respectfully submitted, Donna Johnson Carlsbad resident and 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: To: Subject: Teri Cagle Tuesday, January 19, 2021 7:22 AM City Clerk Item 5 I've been a resident of Carlsbad since 1971 I'm 67yrs of age. I get one day off a week from my business. I choose to go downtown to have a nice meal. Been doing it for 50 yrs and have never come home sick or ended up in a hospital These business people keep their businesses more sanitized then any grocery store I go into and follow all the current rules Please don't use my tax dollar for police to enforce a mandate not based on science. Use my tax dollar to battle the horrible increase crime in carlsbad as that is the only thing not making downtown safe. A few months ago I was assaulted and randomly punch in the face and that person still is at large Let these hard working individuals continue to support their families. Thank you 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 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Council, michael ajdour Tuesday, January 19, 2021 7:25 AM City Clerk Jan 19,2021 meeting Item 5 Starting today, people over 75 can start getting immunizations. I suggest you shift your focus away right now from managing other people's small businesses and towards helping get this done. Transportation for them perhaps? I am disappointed that I received no response to an email to my district 1 councilperson asking why she did a TV interview maskless sitting about 3 ft away from Arty Ojeda at a picnic table in a city park. I was not being sarcastic -I thought maybe they had immunities. Soon we all will, so let's get on with it. This is not April 2020. Meanwhile, please walk your talk and respond more to people in your district and less to the media if you are on Carlsbad council, a nonpartisan entity. All the best, Julie Ajdour Sent from Yahoo Mail on Android 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 Council of Carlsbad, Monday, January 18, 2021 4:18 PM City Clerk AGENDA #5, titled COVID19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE -We must let our voices be heard! It is not proven that outside dining is a "spreader". All businesses will open safely and are just trying to support their employee's and their families. • Do NOT make ANY modifications to the COViD19 small business loan Program! (The City should NOT withhold ANY financial funding or support from ANY business) • Do Not divert ANY funding from the budget to Police Department or to hire a private safety officers to cite businesses or residents who are not compliant with the health order it is NOT a LAW! The City and Carlsbad City Council needs to focus on what is best for our community and does not need to work on a REGIONAL COMPREHENSIVE APPROACH! The withdrawal of a license or outside dinning permit will not do anything but close businesses and they will file bankruptcy and include these fines in their bankruptcy ... As a 35 year resident I am asking that your do your job and work with the businesses to keep Carlsbad alive! Judv Rees 1 Tammy Cloud-McMinn From: Sent: To: Subject: To the City Council, Donna Johnson Monday, January 18, 2021 10:34 PM City Clerk City Council. Covid Restrictions For the sake of the Community and the livelihood of the business owners, all businesses need to open safely immediately. Our economy depends on it. Some owners have lost their life savings and won't be able to come back. This is a punishment, not a helpful decision. All monies coming into' Carlsbad need to go to business owners only. If you don't open Carlsbad immediately, all will be lost to this beautiful community. I urge you to what is best for us, the residents. Open the doors. Respectfully submitted, Donna Johnson Carlsbad resident and 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: Kisti Murray Sent: To: Subject: Tuesday, January 19, 2021 9:28 AM City Clerk # S" N@~rt€1e items/ public comments To whom it may concern: All Receive -Agenda Item# For the Information of the: . P!LCOUNCIL Date JJJ:1UI-CA V-CC ,,,,- CM ..,-ACM_ CM (3) ✓ As a Carlsbad resident of 48 years, I am very appreciative of Cori Schumacher's intelligent Leadership, especially during this unbelievable Pandemic. I feel our community will be well advised to follow Cori Schumacher's advice regarding what businesses to shut down and when to reopen. We can support restaurants that focus on take out. Her guidance can be our Survival at this unprecedented, despairing time in our lives. Thank you, Kisti Murray 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: For today's council meeting. From: Robin Manager Internet Email Tuesday, January 19, 2021 9:40 AM City Clerk FW: keeping small businesses closed Sent: Monday, January 18, 2021 7:26 AM To: Manager Internet Email <Manager@CarlsbadCA.gov> Subject: keeping small businesses closed I have been a resident in Carlsbad since 1980, my late husband since the 70's and I feel the city council is doing everything it can to hurt our local restaurants during this COVID-19 19. I am an adult that can make decisions for myself and if I so chose to go to a restaurant sit outside or inside that is my given right not your right. I believe the city of Carlsbad should be helping our restaurants stay open they cannot maintain on just take out. I have family is Kansas guess what their restaurants are open, of chose you wear a mask in and wash hands etc. but they are open and their COVID-19_0 cases much less then CA. ..... I all these years have supported our city council but let it be known your citizens are watching and listening and come voting day for you all it will show how we feel about you and your lock down. I have had people I know get COVI D-19 and let me say if someone is sick stay at home just like when you have a cold or the flu, wash your hands (which we all should anyway) but closing down restaurants and small businesses have shown no real bonus in fact we have more cases because you choose to lock us down. Do the right thing for Carlsbad, we the city council I have supported in the past. Regards Robin Hardesty CAUTION: Do not o en attachments oi click on links unless ou reco nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To:. Subject: -----Original Message----- From: Janet Newman Council Internet Email Tuesday, January 19, 2021 10:06 AM City Clerk FW: Restaurants Sent: Monday, January 18, 20214:58 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Restaurants I am sending this message in support of keeping all the businesses open in Carlsbad!! Restaurants have beeri severely penalized and all are suffering. Please consider this economic disaster to our city 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----- From: Jessica DeHart Council Internet Email Tuesday, January 19, 2021 10:06 AM City Clerk FW: Regional Enforcement TERRIBLE idea Sent: Monday, January 18, 2021 5:41 PM To: Council Internet Email <CityCouncil@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Matthew Hall <Matt.Hall@carlsbadca.gov>; Cori Schumacher <Cori.Schumacher@carlsbadca.gov> Subject: Regional Enforcement TERRIBLE idea Hello council, I can't believe that since Schumacher and Acosta have the nerve to bring up increased enforcement against our businesses after the motion was not approved! The idea to now present the motion for a regional level does not make any sense at all! The regional approach of the state is not working out too well and hasn't this enter time, so why would you think it would work for this? These mandates are NOT LAWS, and so why would you Ms. Schumacher try to enforce guidelines that are not laws? Seem like her and Acosta have one goal, ruin Carlsbad businesses. It's a little to late in the game here to be trying to enforce in the way that Schumacher and Acosta are proposing. Many lawsuits in the courts have shown that there is no scientific evidence to support these lockdowns, and especially no evidence to support businesses such as restaurants, gyms and salons to forced to be closed. The latest info from the governor of New York and the mayor of Chicago is this, "we need to open businesses as the economic cost is too high to stay closed" and "Covid is spread largely in propel large homes where they gather, not at businesses". How can you move to try to enforce MORE when the data does not support and across the nation the tactic is abruptly changing? Schumacher and Acosta, you should be ashamed of yourselves. I would consider the fact that you are members of this community and your behavior now will NOT BE FORGOTTEN by any member of this community trust me. Sincerely, Jessica DeHart 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: Council Internet Email Sent: To: Tuesday, January 19, 2021 10:06 AM City Clerk Subject: FW: Real solutions that we can ALL get behind ... From: joshfwright@gmail.com Sent: Monday, January 18, 2021 8:13 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Cc: Matthew Hall <Matt.Hall@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Cori Schumacher <Cori.Schumacher@carlsbadca.gov>; Priya Bhat-Patel <Priya.Bhat-Patel@carlsbadca.gov>; Teresa Acosta <Teresa .Acosta@carlsbadca.gov> Subject: Real solutions that we can ALL get behind ... Attn Carlsbad City Council and Honorable Mayor Matt Hall- In these crazy times of confusion and divisiveness regarding how to handle covid, while balancing TOTAL community health, I would like to offer a plan that the vast majority of our community and even country could and should get behind. Rather than using any extra covid funds for extra enforcement on businesses trying to operate safely outdoors, let's use these funds to change the game. LET'S promote and offer services for HEALTHY living. This approach could change our community forever, if done properly, and could make Carlsbad a beacon of hope for the entire country. The following is just a sampling of the many things our community could offer as REAL solutions to this virus and others to come in the future: Offer free booths for Vitamin D, Zinc and other vitamins Offer free outdoor and socially distanced exercise classes Offer free healthy eating nutrition classes Offer free or deeply discounted farm to table vegetables froni the farmer's market. Create a# that at risk folks can call if they have issues getting proper nutrition or other life issues while they are under quarantine. Offer zoom exercise classes and healthy cooking classes Offer free counseling for those struggling with mental health issues. Our community and our country needs to come together. This can be a huge step toward that while offering REAL solutions that will improve overall physical and mental health. That will ultimately improve quality of life and save lives in our community. Thanks for your time. I look forward to your responses. Josh Wright Carlsbad resident Josh Wrie:ht 1 Tammy Cloud-McMinn From: Sent: To: Subject: -----Original Message----- From: Steven Ahlquist Council Internet Email Tuesday, January 19, 2021 10:07 AM City Clerk FW: Agenda Item: Enhanced Enforcements Sent: Monday, January 18, 2021 8:39 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Agenda Item: Enhanced Enforcements Carlsbad City Council, I implore you to not increase or otherwise enforce the County's decree to shut down Carlsbad businesses. These businesses provide a safe place for residents and visitors to go and enjoy our coastal city. My wife and I are survivors of COVID-19, and we didn't catch it at any local restaurant. I think we caught it at COSTCO, or WINCO, or Home Depot, where I frequent much more than any restaurants. Let the power hungry Liberal supervisors focus their actions on getting people vaccinated. How long did they have to prepare for the delivery of the vaccines, only to let them g~tstored up, and often wasted because their system is so inept that they can't get enough "essential" workers to sign up and get it. California is 49th in the country in getting citizens vaccinated. Even the hillbillies in West Virginia have done a better job than California. Steven Ahlquist Carlsbad, CA 92008 District 2 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: From: Frank Sung Council Internet Email Tuesday, January 19, 2021 10:08 AM City Clerk FW: January 19 > COVID-19: MINUTE ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE Sent: Tuesday, January 19, 2021 7:57 AM To: Matthew Hall <Matt.Hall@carlsbadca.gov> Cc: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: January 19 > COVID-19: MINUTE ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE Dear Mayor Hall -My name is Frank Sung and I'm a Carlsbad resident. I watched and listened to the January 5th Special Meeting and YOU, the council members just sat there and let Councilwoman Cori Schumacher get pummeled for daring to ask that the City consider enhancing our compliance to State and County medical official orders .. and continue trying to find add' I ways to support our struggling small business owners. The mayor kept telling people 'well said' and verbally coddling them ... patting them on the back for wanting to DEFY State and County orders. Tough struggles and tear jerking stories and multi-generational family businesses in jeopardy of never recovering .. yes .. need more help, yes ... but my goodness, PLEASE .. not at the expense of disobeying State and County orders meant for the greater good .. especially given the state of our exhausted medical workers and overrun medical facilities. There are just as many or more medical hardship stories and tragedies of sick people not getting access to help .. and a number of them dying unnecessarily. Please do not just sit there passively and let a fellow elected official get sliced and diced like that. What needs to be said can be said without all this rancor and personal attacks. Shame on you .. all of you .. especially the mayor who appears to be the puppet master .. passive aggressively leading the attacks .. and enabling organized civil disobedience. By the way, Cori is not the wicked witch of the West. We are all in this dark season together. Amongst the 5 of you, we've got 1 smart, science based council members who know better than to allow the City of Carlsbad to be the laughingstock of North County. When elected leaders stand down and thereby encourage further civil disobedience to State and County orders .. they .. YOU have become complicit to expanding this rampant viral plague and to people dying unnecessarily. You swore an oath when you took office to uphold the laws of the land. Honor your oath! My simple requests are (l)PLEASE work together to help our small business owners to survive to thrive another day .. providing them incentives to comply .. helping them with PPE and promoting their business services (2) Promote compliance of State and County medical official orders using a combination of carrots and sticks (3) Protect each other from vicious and evil attacks .. do not allow character assassination and bullying .. act like a band of brothers and sisters who have each other's back even if you have policy disagreements. Please LEAD .. we need you to step up for such a time as this .. for the common good and help everyone focus on their responsibilities as part of the community and not on individual rights. Thank You Frank Sung, Carlsbad Resident for 19 Years 2 Tammy Cloud-McMinn From: Sent: To: Subject: Connie Burke Tuesday, January 19, 2021 10:16 AM City Clerk Agenda #5 -COVID 19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE" Dear Carlsbad City Council, I understood that the subject of enforcing restaurants and other small businesses to close, in compliance with the county-wide COVID health orders, was voted on two weeks ago with only one council member voting for enforcement. It appears this subject is · being brought up again today. It is NOT the job of the elected Carlsbad City Council members to choose small business winners and losers. We have busy Costco and Lowe's stores on Palomar Airport Rd., our Walmart on El Camino Real, and many busy grocery stores where, as a practical matter, customers cannot be as socially distanced as is possible in our restaurants and other small personal service businesses. Our residents are much more vulnerable in those large stores. All businesses need to open safely and most, if not all, our local businesses have already spent many thousands of dollars on PPE, installing plexiglass, and other even more expensive means of keeping their customers and employees properly distanced in order to reopen safely. These expenses were incurred in an attempt to save their businesses, many of which were already in danger of closure. To force their closure anyway is pure theft of our residents' livelihoods on top of a complete lack of evidence that there is risk of significant COVID spread from these businesses. This is especially true of personal services where the employees, in order to be 1 licensed, have at least 2200 hours of training, the majority of which is hygiene and sanitation. Further, it is discriminatory and patently immoral to modify the COVID-19 small business loan program to withhold financial funding of any kind from any business in our City nor should ANY funding be diverted from our police department's budget OR to hire private safety officers to go around citing businesses and residents who are not compliant with San Diego's health department -it is NOT a law! Finally, the City and Carlsbad City Council needs to DO THEIR JOBS by focusing on what is best for OUR city. Carlsbad is NOT San Diego and has a distinctly different positivity and disease severity rate, and ICU bed availability than the County of San Diego as a whole. We do not need to be a part of a regional comprehensive approach. Your responsibility is to govern Carlsbad! Please choose to do the right thing. I am a long-time resident and CPA in the City of Carlsbad. I LOVE our local businesses; PLEASE don't hurt them! CB Carlsbad, CA 2 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, Jennifer Miller Tuesday, January 19, 2021 10:37 AM City Clerk Agenda #5 Meeting January 19th Hello my name is Jenny Miller and I am a bartender/bar manager at dinis bistro in Carlsbad. I have worked here for 13 years and this is my livelihood! I can not afford to live without working. Unemployment definitely can not support me. I am also a long time resident of Carlsbad. I do not support you trying to use Carlsbadians tax dollars for your political agenda. I do not support use of stricter enforcement for businesses that are already suffering. You have gone too far. You as city of Carlsbad elected officials are suppose to work for the people not against them. I'm pretty sure in the last meeting the people of your city expressed the great disappointment and do not approve of your suggested actions. Do the right thing! Don't force businesses that are following all your guidelines, jumping through all your hoops and proving a sanitary place for people to eat and enjoy their lives to close down. People should have the right to choose. You keeping kicking us when we are already down. You have not missed a paycheck and you do not know the struggle. All of this is based on discrimination. You don't have PROOF OR FACTS that restaurants are the spread for covid-19. Stop picking on the little guys and support them. Thank you for your time. Best, Jennifer Miller 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: Monique Jaramillo Tuesday, January 19, 2021 11 :04 AM City Clerk Item 5 Please keep the Carlsbad community businesses open. The com,munity, and the employees and their families, rely on these businesses to stay open. There is absolutely no justification to the closure when the neighboring Target, Wal mart, Costco (and more) are wide open to a greater amount of foot traffic and less monitoring. A small business is much more capable to manage who walks into their establishment and take the necessary precautions to keep their staff and guests safe. Perhaps, we should use enhanced enforcement and incentives to stop the crime that has been occurring. Take care of your community. Keep your community safe and help these small businesses with the proper equipment to run businesses safely, if they need it. Do YOUR job! -Monique - CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Maril Adrian Tuesday, January 19, 2021 11:14 AM City Clerk AGENDA #5, titled COVID19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE Carlsbad City Council Members.docx Please enter my comments into the public record and ensure that they are presented to the Carlsbad City Council Members. I have provided a Word document with the following: January 19, 2020 To: Carlsbad City Council Members: As a 15-year resident, and not a business owner, I have loved living here and truly appreciate your efforts to lead the wonderful city of Carlsbad, and I know you have appreciated continuing to receive your paychecks during the difficult year of 2020. I only wish that the small business owners who have contributed so much to the charm of our village could say the same. I am very concerned that an issue before the Carlsbad City Council is to consider whether to oppress these people who are trying to earn a living to support their families and keep their workers employed. In a cultural environment that seems very focused on equality, I am having a hard time understanding the rationale that allows certain businesses to stay open while forcing others to stay in lockdown. When I go to Costco, Wal-Mart, Home Depot, even Michaels, or any of the other favored businesses, I am surrounded by crowds of people who touch the merchandise, pick it up, put it back and then another person comes along and touches the same merchandise and quite possibly puts it in their "sanitized" cart, buys it and takes it home. Cars fill the drive-through as they take home food that has been prepared, handled, along with money or credit cards by people who may or not be contagious. I know that smaller businesses have invested heavily in keeping their customers safe. Good hygiene is at an all time high. I see hand sanitizers wherever I go. Why would we penalize our fellow citizens by shutting down their businesses when they are perhaps even more capable of protecting a smaller number of customers and have much more at stake? During this time, it would be callous to withhold funding to our Carlsbad community businesses from the Covidl 9 Small Business Loan Program, which would aliow them to stay afloat. Are millions of people in Carlsbad dying of the coronavirus? According to the data that I am seeing, Carlsbad has some of the lowest number of cases and morbidity rates in San Diego County. Carlsbad has always been unique and has attracted residents because of that. What San Diego or Escondido or any other of the regional communities decide to do is not our business or concern. In fact, there is more and more evidence that the testing methodology for active contamination can provide up to a 97% false positive. When you look at the number of deaths across the nation that have been attributed to the virus, why does the data not match the traditional causes of death, such as heart disease, influenza, pneumonia (not to mention car accidents) and the like? Why are our individual rights and personal responsibilities that are a foundation of our Constitution being ignored? Why are the voices of many, many experts, scientists, and immunologists, who are have impeccable credentials and reai-life treatment experience, who have found natural immune-building supplements and the use of safe drugs with a proven track record, being suppressed? On another note, on December 20, 2020, the Supreme Court ruled on Tanzin vs Tanvir that government agents who violated individual rights could be personally sued for money damages. Depriving someone of their right to earn a living is a violation of their individual rights. Governor Newsom has already been found in the courts to be exceeding his powers. It's something to consider as you decide on a course of action. 1 So, as I understand it, the issue before the council is whether to hire private security officers at taxpayer expense to unlawfully police our community. These funds should rightfully fund our own police to keep our community safe during a very turbulent time. I would suggest that it is not in your purview to deprive Carlsbad businesses of the right to conduct their trade in a safe and legal manner and urge you to trust in your fellow citizens. We are not children. People who live in fear of disease of any kind have options and can refrain from patronizing places they do not trust if they so choose. I cannot believe you would harden your hearts to your friends and neighbors. Do the right thing! Maril Adrian• • Carlsbad, CA 92008 2 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Bryan & Paige Thunstrom Tuesday, January 19, 2021 11 :43 AM City Clerk Keith Blackburn All Receiv~ -Agenda Item# _5 For the Information of the: CITY COUNCIL Date (/19/J.I CA ~CC ~ CM -1::::::-ACM _--OCM (3).:::::::: January 19 Meeting Agenda Item 5. Comprehensive Approach to Address Public Health Compliance 2 weeks ago the City Council listened to the voice of its constituents and prudently decided not to penalize and cite small business owners and residents in Carlsbad. Once again, I implore you: please take no further action! If anything, acknowledge that ALL Carlsbad small business is essential! Encourage safety but leave compliance up to individuals. My wife and I oppose any regional, comprehensive approach. It's unnecessary. Council should focus on supporting our entrepreneurs, protecting our individual civil liberties, and crime prevention. Allow law enforcement to build solid, meaningful relationships within our community and focus on investigating and enforcing drug and violent crime. Bryan Thunstrom District 2 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: CARLSBAD CITY COUNCIL, Rich Barnes Tuesday, January 19, 2021 11 :50 AM City Clerk AGENDA #5, titled COVID19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE. As Council Members, your primary focus is our community which includes .filLof Carlsbad's businesses as well as its residents. Do not make any changes to the COVID19 Small Business Loan Program. The City of Carlsbad should not withhold financial funding or support from any Carlsbad business for non-compliance of the COVID19 Small Business Loan Program. Elected officials should not be picking winners and losers! Do not move any funding from the City Budget to the Police Department or to "private safety officers" to cite businesses or residents who are not compliant with the Health Order as it isn't a Law. The city and Council Members should continue to focus on what is best for Carlsbad! Rich and Karin Barnes Sent from Mail for Windows 10 CAUTION: Do not open attachments or click on links unless nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: From: James Beach Council Internet Email Tuesday, January 19, 2021 11 :51 AM City Clerk FW: keep business running in Carlsbad Sent: Tuesday, January 19, 202110:14 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: keep business running in Carlsbad Hi..My name is Jim Beach . I am 56 years old and have lived in Carlsbad my whole life .. I love it hear and I always will..l just want to voice my opinion that I am in support of keeping business up and running in Carlsbad .. Restaurants with outside dining is great for now .. mask while entering and shopping feels safe .. AII business la rge and small is a big part of the charm and economy of our beautiful city .. Thanx. Jim Beach. CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: Sent: To: Subject: Stephanie Wells Tuesday, January 19, 2021 12:06 PM City Clerk City Council Meeting -1/19/21 PUBLIC COMMENT Please provide this statement to the council: Good Afternoon Mayor and Councilmembers, My name is Stephanie Wells and I'm a resident of Carlsbad. On January 6th, we saw the result of what happens when dangerous rhetoric goes unchecked. People, some from our city, were moved to commit criminal acts over lies and conspiracies. These lies were amplified by the same people who should be denouncing them. At its most toxic, this poses a profound threat to democracy by damaging its bedrock: a shared commitment to truth. Over the past few years, in Carlsbad, we've seen these same hateful sentiments displayed during council meetings and on social media projected at Councilmember Schumacher. It's time for the city to denounce and stand against this dangerous rhetoric and stop giving it a voice in this city. We can debate policy positions without personal attacks. I've sat in the chamber and read the motto: "What is popular for Carlsbad is not always right; What is right for Carlsbad is not always popular." By taking a stand for our elected officials against hate and dangerous rhetoric is the RIGHT thing to do. Let's get our city back to a place that is committed to truth and moving forward TOGETHER to find solutions during this public health crisis. Thank you, Stephanie Wells 92008 CAUTION: Do not open attachments or click on links unless nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Council, Becky Baird · Tuesday, January 19, 2021 12:09 PM City Clerk; Becky Baird COMMENT FOR TUESDAY YOU have the ability to slow the spread. YOU are choosing not to. YOU have the ability to show your city that you care about their lives. YOU are choosing not to. YOU have the ability to make sure our neighbors DO NOT DIE. YOU are choosing not to. YOU have the ability to embrace your residents. YOU are choosing not to. YOU have the ability to show the entire county of San Diego that Carlsbad Cares. YOU are choosing not to. YOU as a council, as a group of leaders in this community and county are aiding in spreading Coronavirus one day at a time. YOU as a council, as a group of leaders in this community and county are aiding in unnecessary deaths one meal at a time. YOU as a council are proving how selfish you are and how uneducated you are choosing to be. Maybe these restaurants you are allowing to serve could offer refrigeration for the dead bodies they are contributing to? Maybe these restaurants and sidewalks could offer space for storing your friends, family and neighbors who are dying and there is nowhere for a hospital to put them or a mortuary to store their bodies. Maybe your restaurants have emergency oxygen tanks they could donate? CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: Sent: To: Subject: From: Al Hattendorf Council Internet Email Tuesday, January 19, 2021 12:10 PM City Clerk FW: Complaint about Restaurants not Complying with Outdoor Eating Sent: Tuesday, January 19, 202112:04 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Complaint about Restaurants not Complying with Outdoor Eating To Carlsbad City Council I love living in the Carlsbad area and go out to dinner all the time in the Village but I do not understand why the Carlsbad City Council is not enforcing the State Guideline for Outdoor Diriing that is meant to save lives of our citizens. We all know Covid 19 has cost many of our restaurants thousands of dollars but it has also killed over 33,000 residents of our State. Some of that blame lies with you as City Council Members that have not enforced the law to CLOSE DOWN THESE RESTAURANTS!! Please help up all get through this together and make these people follow the law and not spread Covid 19 in our Community. Thanks, Al Al Hattendorf 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: Gail Vollmer Tuesday, January 19, 2021 12:10 PM City Clerk Agenda#S title COVID 19: MINUTE MOTION ON "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE" All businesses need to open safely! Do not make any modifications to the COVID-19 small business loan program! Do not divert any funding from the budget to police department or to hire a private safety officers to site business or a residence who are not compliant with the health order it is not a law! The city and Carlsbad City Council needs to do your job by focusing on what is best for our community and does not need to work on a regional comprehensive approach! Sincerely Gail Vollmer Carlsbad, CA 92010 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: From: Bill Baer Council Internet Email Tuesday, January 19, 2021 12:10 PM City Clerk FW: Jan 19 Council Wkshop -ltem#S ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE Sent: Tuesday, January 19, 202112:01 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Jan 19 Council Wkshop -ltem#S ORDER ON A COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE . Councilmembers: I am in opposition to more enforcement of businesses in relation to COVID compliance. I do want to point out that last month the council voted to increase the miscellaneous employees' salaries by 2%. I find it amazing that you will give your employees a raise, while denying others to earn a living. I am pretty sure there are many employees that are doing 'make work' just to keep busy, instead of 'being essential'. I know early in the pandemic there was some staff who were paid their salary just to stay home. While that is great that you kept your employees from financial ruin, think of the businesses that don't have that luxury to just tax others for their pay. I heard at last meeting that there are programs for businesses to use. But, those plans are LOANS, eventually they have to pay it back. It doesn't really help them in the long term. Bill Baer 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: Council Internet Email Sent: To: Tuesday, January 19, 2021 12:10 PM City Clerk Subject: FW: #OpenUp From: Sent: Tuesday, January 19, 202111:51 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: #OpenUp Dear Council, Allow our restaurants and small businesses and sports teams and schools to Open Up now. We can do this safely. Not only is the Lockdown political, it is harmful to individuals and businesses. Our children and young adults are suffering unheard of anxiety and depression resulting in skyrocketing suicide rates. Our businesses have invested so much of their money to be able to open safely. Kelly Le Berthon CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Keith, Neal Tuesday, January 19, 2021 12:30 PM City Clerk Jan.19th Meeting I am writing to voice my concern for our youth in Carlsbad. I feel that youth sports are being put on hold while everything else is being addressed. I understand that youth sports are a state issue and have been addressed by the wonderful state of California, but so have bars and restaurants, malls, shops, stores, schools, and movie theatres. It makes no sense to have our students unable to play youth sports in Carlsbad because we have a very low level of infection here in Carlsbad. While we are unable to play in Carlsbad, teams are traveling to Arizona, Nevada and crossing the border into Mexico to play games and then bringing the virus back to the classrooms here in Carlsbad. There has to be a better way to deal with the covid-19 pandemic. I recommend allowing for students to play high school sports 1 game per week against a local high school with a va rsity team that has had O confirmed cases on the team in the past 14 days. Any team with confirmed cases should be tested for covid prior to competition or simply reschedule the competition to a later date. This once-a-week competition will deter parents and students from traveling out of state, staying in hotels, eating out, and potentially sp reading Covid-19. Thank You, Neal Keith, Ed.D . Madison Middle School P.E. Sage Creek Men's Soccer MiraCosta College Surf Team 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello again~ Theresa Carpenter Tuesday, January 19, 2021 12:55 PM City Clerk Agenda item #5 I would like to voice my displeasure and disappointment yet again at the proposed "punishment" of our restaurants and businesses who are open under "peaceful protest". This was brought up 2 weeks ago with an overwhelming amount of people calling in to support the restaurants and businesses. Why would you want to spend more money to combat the inevitable lawsuits that Carlsbad will incur if you shut these people down. Enough is enough, listen to your people, I just read all the letters that have been written on this subject and again, we want our businesses open. Do what your city wants, this is not a law. Also, why was this not listed in the city manager's email today? Where is agenda #5? Theresa Carpenter Vice President Exotic Pebbles & Glass Today's City Council meeting COVID-19 will be a topic at today's City Council meeting, inc discussion of health order enforcement and federal funds to I vulnerable residents. Other items on the agenda include: • An update on the city's investments • Approval of a worker's compensation settlement • An ordinance realigning the city engineer's roles and re • Objective design standards for multifamily housing proj • City transportation departments' update on progress ar • Work plans for the Park & Recreation, Senior, Beach P commissions • Appointments to the golf lodging and tourism business boards • Selecting a member of the Traffic & Mobility Commissic The meeting starts at 3 p.m. Sign up by 2 p.m. if you want to comments by phone. Otherwise, you can send your commen 1 Tammy Cloud-McMinn From: Sent: To: Subject: To whom it may concern, viola wheelihan Tuesday, January 19, 2021 1 :00 PM City Clerk Carlsbad Community Businesses I am requesting that our "Carlsbad community businesses remain open, while following protocols to keep employees and customers safe". Thank you: Viola Wheelihan CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: Craig Wooldridge Sent: Tuesday, January 19, 2021 1:10 PM To: City Clerk; Council Internet Email; Matthew Hall; Keith Blackburn; Cori Schumacher; Priya Subject: Bhat-Patel; Teresa Acosta City Council Meeting 01 .19.21 Item #5 All Receive -Agenda Item# :.5: For the Information of the: CITY COUNCIL To my City Council, Date ~CA v"LC .,,,,.. CM ...-ACM ..,---DCM (3) v"' I am absolutely against penalizing businesses attempting to stay afloat during these lock down measures. Every one of us can see the numbers are not being affected in a positive way by ruining our friends and families livelihoods. Please use this historical time to be a true representative of the regular person. The person who has bills and stress. The person who can't understand why if there's no causality, why a politician would use this disease as a platform for their own benefit. We in Carlsbad have gotten nationwide attention as a voice of rational thought. A community with the best of the American identity, the person who stands up for what they believe in. They stand up for their neighbors. They stand up to fear. We are standing up right now. Please stand up with us in this moment and be proud to live in Carlsbad. Please don't attack the hard working tax payers of this town. ps. is there anyway the meetings, at least of this nature could take place after 5? I work Monday through Friday until 4 and cannot attend due to my occupation. Respectfully, Craig Wooldridge 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: Erin Thomas Tuesday, January 19, 2021 1:16 PM City Clerk Today's City Council meeting -Agenda #5 We emphatically support small businesses and restaurants in Carlsbad. Please do not do things to destroy them. We love our city and the village. We do not want to see small businesses and restaurants closed permanently. Please remember-the voice of the people was clear at the last city council meeting. We are against additional policing measures and reinforcement aimed only to hurt and harm small businesses. Erin and David Thomas CAUTION: Do not open attachments or click on links unless nize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: ann welton · Tuesday, January 19, 2021 1:16 PM City Clerk AGENDA #5, Please focus on what is best for our beautiful Carlsbad By The Sea, and DO NOT work on a regional comprehensive approach, PLEASE. We need to save our small businesses and restaurants -they are dying, and our beautiful, little village will be gone if YOU don't take the responsibility to save them NOW. Ann Welton Carlsbad, Ca. CAUTION: Do not open attachments or click on links unless 1 Tammy Cloud-McMinn From: Tom Applegate Sent: Tuesday, January 19, 2021 1 :26 PM City Clerk To: Subject: Agenda Item 5. Covid-19 Public Health Order Compliance Honorable Mayor and Councilpersons, Thank you for the action or perhaps better stated non action taken at the special meeting last night. There are so many reasons that business should/must/can remain open safely. I have found restaurant owners and workers to be very conscientious, super diligent and ever so grateful; afterall, the last thing an owner wants is an outbreak to occur and close their business. The same can be said for numerous gym owners and hair and nail professionals. Good people do not need laws to tell them to act responsibly. I understand that the Pandemic is deadly and must be taken seriously, we must wear masks, safe distance and continue to shelter the vulnerable but we don't need to panic. Shutting down the economy is an act of panic, not a rational action. Please continue to invest City resources in the following strategies: • Provide assistance to businesses both open and closed. • Ask businesses to post City prepared PSA posters encouraging 'Get the Vaccine' as wel l as wear masks, safe distance and shelter the vulnerable. • Provide masks supplies to all businesses as a publi c service (my Rotary Club has access to masks supplies, if some are needed contact me and I see what I can do). • Provide all businesses with digita l thermometers to test employees and customers/guests. • Have a trained volunteer team visit businesses that are open and provide them with a 'scorecard' as to safety protocols in place. • Endorse businesses owners legal effort to challenge validity of governor's regulations. • Encourage safe operations of businesses and do not threaten or assess administrative penalties. Thank you for your service. Tom Applegate Carlsbad District #4 May your New Year be filled with logic and liberty! • Tom iJ.i Think Green and only print if necessary. • Virus-free. www.avast.com 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: January 19, 2021 To City Clerk Diane Rivera Tuesday, January 19, 2021 1 :37 PM City Clerk Matthew Hall; Keith Blackburn; Priya Bhat-Patel; Council Internet Email; Teresa Acosta; Cori Schumacher; Scott Chadwick; Celia Brewer #5 COVID=19 Minute Order Subject: #5 COVID=19 Minute Order on a Comprehensive Approach to Address Public Health Order Compliance Mayor Hall, Council Members, City Manager, City Attorney, I am writing in Support of the recommendations put forth by Councilmember Cori Schumacher to address Public Health Order Compliance for the City of Carlsbad. ' I am requesting that today, Carlsbad City Council create a definitive solution for City Businesses to comply with State and County Health mandates. We cannot wait another day debating this subject as we watch all our COVID-19 numbers climb with increase exposures and deaths. Those businesses which remain open encourage people to BREAK FROM CDC RECOMMENDATIONS. In addition, I increasing witness teenage boys and girls out and about on the electric bikes without being masked, in groups, without regards for road safety and riding their bikes on the sidewalks. I am of the opinion that they, too, have receiving wrong messages and not following CDC recommendations. These businesses must switch to Take Out Orders Only. Many businesses have been successful and have kept their employees and customers safe (I am AW ARE that this will be hard for many). In support of keeping our business going as best we can, please follow Councilmember Cori Schumacher's advice. With our current situation, it is PAINFULLY clear what needs to be done. Thank you for your consideration, 1 Tammy Cloud-McMinn From: Sent: To: Subject: Cynthia Smerud Tuesday, January 19, 2021 1 :39 PM City Clerk Carlsbad lockdowns The virus will not kill Carlsbad. The lockdowns will! Especially when not applied uniformly. Make recommendations and let people take personal responsibility for their own health. To do otherwise is Tyranny!!! Cynthia Smerud 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. 1 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Joe VanDalsem Tuesday, January 19, 2021 1 :53 PM City Clerk Matthew Hall; Cori Schumacher; Keith Blackburn; priya.beat-patel@carlsbadca.gov Supporting bi-partisan effort to keep local businesses freedom. I would like to write in today to lend my support for Carlsbad local businesses being able to remain open for business. These people are not criminals. They are not villains, they are not right or left wing extremists, they are citizens of this city that are simply trying to make a living. In the last meeting, Priya Beat-Patel suggested that this is a purely political effort, the left is pro-lockdown and the right is pro-freedom, in our community I do not believe this is the case. Restaurant staff and workers are overwhelmingly liberal. This is about common sense, and the right for people to work. There is nothing conservative or liberal about it. There has been no evidence that the virus is spreading as the result of outdoor dining. The shutting down of restaurants is an unfair, and un-American reaction to an uncontrollable virus. The government needs to admit, that you can not control this virus, nothing we are doing or have done has worked ... At all. If it had, we'd be past this by now. So why not just let people live their lives and let this virus run it course. As much as we want to, but hate to admit, we can not control everything. Do not take away the citizens of Carlsbad right to the life, liberty and the pursuit of happiness. Joe VanDalsem 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: Kris Urdahl Tuesday, January 19, 2021 1 :58 PM City Clerk AGENDA #5, titled COVID19: MINUTE MOTION ON A "COMPREHENSIVE APPROACH TO ADDRESS PUBLIC HEALTH ORDER COMPLIANCE To Mayor Hall and City Council, All Carlsbad businesses should be allowed to safely reopen. The lockdown has not been successful and we cannot allow fear to guide actions and destroy the economy. Do not attempt to hire additional personnel to cite businesses for reopening. These people and their employees need to be allowed to exercise their constitutional rights to operate businesses and to support their families with their earnings. Stop the power grab and let us get back to operating a free and fair economy. Kris and Jeff Urdahl Carlsbad CA 92011 CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i 1 Hector Gomez From: Nikki Faddick <nfaddick@gmail.com> Sent: Tuesday, January 19, 2021 2:38 PM To: City Clerk Subject: Today's Agenda #5/Enforcement Good afternoon, Council and Mayor, My name is Nikki Faddick and I am a Carlsbad resident. I am writing to address a couple of issues surrounding the continued violation of public health orders in Carlsbad by some businesses, as well as how those issues have been addressed by our council and fellow citizens. First, with regard to businesses operating outside of the public health orders, it is a basic scientific fact that human to human contact drives infection and that our hospitals are operating at dangerous capacities and taxing the healthcare workers who are risking their lives every day for us. There was a disconcerting thread running through many of the comments that were heard on the January 5th meeting implied that we can somehow cordon off those among us who are at highest risk and the rest of us can just go about our lives; as evidenced by the staggering number of cases, hospitalizations, and deaths, it just doesn't work that way. In addition, business owners may not realize the ektent to which those of us who are concerned about adhering to the guidelines, as in my case sharing my home with a high-risk family member, are actually unwilling to give our business to non-compliant businesses, because we don't deem it as safe to enter or approach these places. We each have a mutual responsibility to one another to help end this pandemic. It is regrettable that it has fallen on the shoulders of the Council and Mayor to help in some way enforce adherence to, and ideally incentivize those who are doing their best to adhere to, these life-saving guidelines, but it has. The other thing I want to address is the substance and quality of the comments from our fellow neighbors on this topic. These are heated, passionate discussions because peoples' lives and livelihoods are at issue; but how they've devolved into personal attacks is neither productive nor befitting our city. We can work to address these important, impactful issues without pitch forks or social media barbs as well as without.these hypercritical, personal attacks receiving tacit approval from other council members. What I expect from my elected officials is that you work together to form creative solutions that actually address the seriousness of both the health consequences at hand and the very real economic impact of them, and that you disavow the personal attacks will never achieve that end. The vitriol that has crept into our discourse is a disservice to us all. Sincerely, Nikki Faddick She/Her/Hers nfaddickaomail.com - Moms Demand Action for Gun Sense in America North County San Diego Group Lead/CA State Community Outreach Co-Lead Take Action: Text "JOIN" to 644-33 or join at www.momsdemandaction.ora CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: gina Aliotti <ginaaliotti@icloud.com> Sent: Tuesday, January 19, 2021 2:34 PM To: City Clerk Subject: #5 I am so concerned with shutting down our small businesses. Owners work so hard to get their business going and shutting down can potentially make them shut down forever with little chance of opening back up!! Our town needs to stay open please! Those that choose to not go out can but stores/restaurants deserve the right to stand a chance. Thank you for listening! Carlsbad resident and lover of our quaint community! Gina Silva 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 Hector Gomez From: Gina Armbrust <fiveinhive@gmail.com> Sent: Tuesday, January 19, 2021 4:19 PM To: City Clerk Subject: Agenda Item #5 - Public Health Orders Dear Mayor and City Councilmembers, I am writing to request that the City allow restaurants to remain OPEN. Restaurant owners and restaurant workers ARE ESSENTIAL. These restaurants need to remain open—they cannot survive on takeout orders only. It is imperative that government is not subjective as to which businesses can remain open and others not. There is no definitive science proving that people are getting COVID by eating outdoors with their family. How is this any different from people walking around other places or retail establishments in the City? Please support our restaurants! They need our assistance or the City may be facing a number of restaurants that will not survive. Thank you, Gina Armbrust Carlsbad resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Kaytee McClelland <kayteebrielle@gmail.com> Sent: Monday, January 18, 2021 9:34 PM To: City Clerk Cc: Matthew Hall; Keith Blackburn; Cori Schumacher; Teresa Acosta; Priya Bhat-Patel Subject: Agenda Item #5 I request that our Carlsbad community businesses remain OPEN, while following protocols to keep employees and customers safe. You don't deserve a paycheck if you believe shutting these businesses down will be beneficial. If you take away their income, take away your own. Kaitlyn McClelland CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Elissa Kelley <elissazajac@gmail.com> Sent: Tuesday, January 19, 2021 12:52 PM To: Cori Schumacher; Council Internet Email; Council Internet Email; City Clerk Subject: Agenda Item number 5 Hello, Thank you for receiving, reviewing, considering, and incorporating my comments in your decisions today. I previously emailed for the last meeting with an objection to further regulating and ultimately punishing our small businesses for trying to maintain life in their own businesses as well as the community as a whole. My stand on this continues. As a citizen of District 1, I feel strongly that the businesses have gone above and beyond to maintain safe environments for both their employees and their customers. These are the people that keep their businesses and dreams alive! I had previously read that it would take additional tax dollars to hire someone to perform these regulatory visits as well as the addition of a security person to support them in this task. I 100% DISAGREE that the city should utilize any city dollars for this purpose. It is a state and county mandate and therefore if any regulatory actions are going to take place, it should be by them. What I do propose is utilizing that money for obtaining and distributing vaccines to our citizens. Or at the least determining how we can support the county in administering the vaccines to us in North County. Currently, I have not seen any Coastal North County sites for vaccine administration. The closest in North County is Escondido. This is just too far for many of our citizens! Cod, have you considered any alternatives to support our small businesses and protect the citizens, or have you already made up your mind that enforcement, fining, and ultimately destroying the businesses in our district are the only ways to move forward? My husband and I specifically selected our house because of the location to the village. We have loved that as our own family has grown, we have been able to watch the families and businesses in our community grow. This is what makes Carlsbad Carlsbad. Please do everything you can to keep it that way! I ask you as my representative to put the additional enforcement on the back burner and open your mind to new and alternative ways to support the businesses, family, and friends in our district who are all trying to do the same, survive during a pandemic in a healthy manner! Not just the health of our bodies, but our minds, our purposes, and our drive for a strong community. I look forward to speaking with you if you would like to consider any additional options and ideas that I have. Elissa Kelley Carlsbad, CA 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Becky Baird <kidzonstg@gmail.com> Sent: Tuesday, January 19, 2021 3:57 PM To: Help; City Clerk; Council Internet Email Subject: Apologies Your entire council owes it to the public to apologize for your choice to NOT back up your own colleague. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Michelle Hart <michellecoveredcal@gmail.com> Sent: Tuesday, January 19, 2021 1:02 PM To: City Clerk; Council Internet Email; priya.beat-patel@carlsbadca.gov; Teresa Acosta; Keith Blackburn; Matthew Hall; Cori Schumacher Subject: City Council meeting: do not enforce restrictions on Carlsbad small businesses and restaurants! Attachments: 20210104_142502jpg; 20210104_142448.jpg; 20210104_142527.jpg Please see below message regarding enforcing restriction on restaurants and small businesses that follow safety protocols set by the CDC. Our opinion is the same as it was for the special meeting on January 5th. Our community supports small business and we want to stay open, while keeping our customers, employees, and community safe and healthy. Please put your heads together as our elected representatives and work with us... not against us! Thank you in advance for your support on this issue. Sincerely, Michelle Hart Forwarded message From: Michelle Hart <michellecoveredcal@gmail.com> Date: Mon, Jan 4, 2021, 2:29 PM Subject: January 5th Special Meeting To: <Clerk@carlsbadca.gov> Cc: <council@carlsbadca.gov> DO NOT ENFORCE RESTRICTIONS ON OUTDOOR DINING THAT FOLLOW SAFETY PROTOCOLS SET BY THE CDC. Please see Instagram Comments to Cori Schumacher which should be included in the meeting tomorrow. The community of Carlsbad does not support the forced closing of these small businesses who are following all CDC protocols. Sincerely, CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is -s—a7c.1 1 Hector Gomez From: Judith Swanson <judithswnsn3@gmail.com> Sent: Monday, January 18, 2021 8:18 PM To: wilma.wooten@sdcounty.ca.gov; joelanderson@sdcounty.ca.gov; terra.lawsonremer@sdcounty.ca.gov; nathan.fletcher@sdcounty.ca.gov; jim.desmond@sdcounty.ca.gov; SanDiegoDA@sdcda.org; Andrew.Potter@sdcounty.ca.gov; sdsheriffwebmaster@sdsherifforg; PublicComment@sdcounty.ca.gov; mayortoddgloria@sandiego.gov; stephenwhitburn@sandiego.gov; joelacava@sandiego.gov; jennifercampbell@sandiego.gov; monicamontgomery©sandiego.gov; marnivonwilpert@sandiego.gov; ChrisCate@sandiego.gov; raulcampillo@sandiego.gov; vivianmoreno@sandiego.gov; SeanEloRivera@sandiego.gov; Matthew Hall; Keith Blackburn; Cori Schumacher; Priya Bhat-Patel; Teresa Acosta; City Clerk; Attorney; Police; cblakespear@encinitasca.gov; khinze@encinitasca.gov; tkranz@encinitasca.gov; jmosca@encinitasca.gov; jhubbard@encinitasca.gov Subject: Course Correct on the Current Covid-19 Response Attachments: Elderly Dying From Isolation.pdf; Portuguese Court Rules PCR Tests Unreliable 8t Quarantines Unlawfulpdf; The Folly of NewCases Oct 12 2020.pdf; Was the Covid-19 Test Meant to Detect a Virus Celkia Farber April 7 2020.pdf; Dr. Reiner Fuellmich Crimes Against Humanity Oct 3 2020.pdf; Updated White Paper-Opening SchoolsV1.7 (1).pdf; Placer County PDF.pdf; CARES Act City of Atwater Sept 15 2020.pdf; List of Demands To County Public Health & All Connected Entities.pdf; CoSB v Newsom Writ and Decs (conformed)(1).pdf; Message from The Mayor December 9, 2020.pdf; WhitePineResolution.pdf To All Parties in charge of and related to County Public Health: Nationwide, Public Health is holding the reins on the Covid-19 response. To date, the response has caused more suffering and destruction than the virus and there has not been an adequate or appropriate course correct. Please read and utilize the following attached documents that support course correct on the current Covid-19 response: 1.Freedom Angels Foundation List of Demands 2.Dr. Reiner Fuellmich "Crimes Against Humanity" 3.OCBOE White Papers- Opening Schools 4.CARES Act City of Atwater "Sanctuary City for Businesses" 5.Placer County "End Local Health Emergency" 6."Was the Covid-19 Test Meant to Detect a Virus?" 7."The Folly of Cases" 8."Elderly Dying from Isolation" 9."Portuguese Court Rules PCR Tests 'Unreliable' & Quarantines 'Unlawful' 10.CoSB v Newsom Writ and Decs 1 11.Message from Solvang Mayor 12.White Pine Nevada Resolution ,We request this packet be added to the agenda at the next county and city meetings. As a community, we declare the end to the pandemic and will be peacefully not complying with the unwarranted and unjust restrictions We expect your full, honest, timely, transparent public participation in course correcting on the Covid-19 response immediately. We will continue to stay in touch to ensure this occurs. Regards, Judith Swanson, San Diego County associates in collaboration with Freedom Angels Freedom Angels CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Hector Gomez From: kris fetzner <krisfetz@yahoo.com> Sent: Tuesday, January 19, 2021 2:49 PM To: City Clerk Subject: COVID 19 and small business Kristina Williams 972 Laguna Drive Carlsbad, CA 92008 01-19-2021 Dear Council Members, T DO NOT SUPPORT YOUr request to enhance enforcement against restaurants, salons and gyms. 1 support safely keeping our local small businesses open to support our community. P. lease 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 krisfetz@vahoo.com CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Hector Gomez From: Becky Baird <kidzonstg@gmail.com> Sent: Tuesday, January 19, 2021 4:05 PM To: Council Internet Email; City Clerk; office365; Help Subject: Covid sick What if your council member chose NOT to stay home when he tested positive? What if he chose to come to your workplace, hang out, grab a dinner at a local restaurant..because that's what he thought was best? YOU WOULD ALL BE SICK AND HOME WITH COVID! You MUST stop thinking so selfishly and follow the health and safety guidelines before you and your families get COVID and have nowhere to be taken. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is 1 Hector Gomez From: Robin Nuschy on behalf of Attorney Sent: Tuesday, January 19, 2021 3:37 PM To: City Clerk Subject: FW: City Council Meeting - 1/19/21 PUBLIC COMMENT From: Stephanie Wells <ms.sicily@gmail.com> Sent: Tuesday, January 19, 2021 2:58 PM To: Council Internet Email <CityCouncil@carlsbadca.gov>; Manager Internet Email <Manager@CarlsbadCA.gov>; Attorney <attorney@CarlsbadCA.gov> Subject: Fwd: City Council Meeting - 1/19/21 PUBLIC COMMENT Good Afternoon, I planned on calling in to read this statement but cannot make the call due to a family emergency. Please, I beg you to stop the dangerous rhetoric and not allow any member of the council to be subjected to hate speech on tonight's call. Stay safe and healthy, Stephanie Wells 92008 Forwarded message From: Stephanie Wells <ms.sicily@gmail.corn> Date: Tue, Jan 19, 2021 at 12:05 PM Subject: City Council Meeting - 1/19/21 PUBLIC COMMENT To: <clerk@carlsbadca.gov> Please provide this statement to the council: Good Afternoon Mayor and Councilmembers, My name is Stephanie Wells and I'm a resident of Carlsbad. On January 6th, we saw the result of what happens when dangerous rhetoric goes unchecked. People, some from our city, were moved to commit criminal acts over lies and conspiracies. These lies were amplified by the same people who should be denouncing them. At its most toxic, this poses a profound threat to democracy by damaging its bedrock: a shared commitment to truth. Over the past few years, in Carlsbad, we've seen these same hateful sentiments displayed during council meetings and on social media projected at Councilmember Schumacher. It's time for the city to denounce and stand against this dangerous rhetoric and stop giving it a voice in this city. We can debate policy positions without personal attacks. I've sat in the chamber and read the motto: "What is popular for Carlsbad is not always right; What is right for Carlsbad is not always popular." By taking a stand for our elected officials against hate and dangerous rhetoric is the RIGHT thing to do. Let's get our city back to a place that is committed to truth and moving forward TOGETHER to find solutions during this public health crisis. 1 Thank you, Stephanie Wells 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 2 Hector Gomez From: Amy Chapin <amyechapin@gmail.com> Sent: Tuesday, January 19, 2021 2:02 PM To: City Clerk Subject: Fwd: Carlsbad City Council meeting agenda item #5 As local Carlsbad residents who care about our community, we urge you to keep our local restaurants and businesses open! These are the livelihoods of many residents in our community and with a vaccine starting to be implemented, our businesses need to stay open for those who need to work/those who feel it is safe to be in public while keeping social distancing in mind. Keep us open! Best regards, Amy and Nick Chapin CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is "Tafel 1 Hector Gomez From: Michael Silva <emailmds@hotmail.com> Sent: Tuesday, January 19, 2021 2:26 PM To: City Clerk Subject: Item #5 Dear Council, Please do not enforce draconian shut downs of our small businesses in Carlsbad. This is bad for residents and business owners. Thanks, Michael Silva Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Katy Whitcher <katywhitcher@aol.com> Sent: Tuesday, January 19, 2021 7:50 PM To: Council Internet Email; City Clerk Subject: New Stanford study _ Re: Please leave our restaurants alone! COVID Lockdowns May Have No Clear Benefit vs Other Voluntary Measures, International Study Shows BY NATALIE COLAROSSI ON 1/14/21 AT 11:41AM EST "We do not question the role of all public health interventions, or of coordinated communications about the epidemic, but we fail to find an additional benefit of stay-at-home orders and business closures," the research said. https://www.google.com/amp/s/www.newsweek.com/covid-lockdowns-have-no-clear-benefit-vs-other-voluntary- measures-international-study-shows-1561656%3famp=1 Katy :-) On Jan 5, 2021, at 2:50 PM, Katy Whitcher <katywhitcher@aol.com> wrote: It has come to my attention that you plan to meet today in order to give restaurants a hard time for staying open and trying to survive against this scientifically unfounded lockdown. There's no evidence at all whatsoever that restaurants are adding to the Covid issue. If Walmart, Home Depot, grocery stores, and a host of other things can stay open, then restaurant should be able to, as well. They're already following very strict procedures. They need to survive. If you don't stop giving people a hard time for trying to stay afloat, you're going to have a host of other problems like homelessness, unemployment, depression, etc. Please leave them alone! Your time would be much better spent finding out what the hospital ICU numbers of previous years were compared to this year. Now that would be a good use of your time. We need to be up and operating again as soon as possible before we cause a long-term recession. Katy Whitcher 1 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is -safe] 2 Hector Gomez From: Kim Hatt McEvoy <bkmcevoy@gmail.com> Sent: Tuesday, January 19, 2021 3:50 PM To: City Clerk Subject: Stop spending time and money making new rules and policy Please city council at a time where many of us are in a razor thin line of stability let's focus on the basics. Safety. Education and jobs I support small business and large business I support every parent that has to feed their family. I support every student looking to improve and build a future. I support quality support and education. I do not support wasting resources on policing certain people that other government entities do not deem essential. We are a community and we need to stand by each other. Let's find ways to help each other create safe and healthy protocols. Let's find ways to support, shop, eat at, and keep all Carlsbad businesses open and earning. If box stores and elementary can be open so can mon and pop stores and high school. We don't need more tickets or fines to be safe. Ticketing just reduces resources. We need each other to be helping each other out. Please stop Cori and her policy that is not family friendly. It's not small business friendly it's not keeping Covid away, it just harms people getting thru this pandemic the best they can. Kim McEvoy Olde Village CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is Hector Gomez From: Erin Levorchick <autopia99@gmail.com> Sent: Saturday, January 16, 2021 1:09 PM To: City Clerk Subject: Support local business 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. 1 COVID-19: Minute Order on a Comprehensive Approach to Address Public Health Order Compliance David Graham, Chief Innovation Officer Jeff Murphy, Community Development Director January 19, 2021 Minute Motion Jan. 5 Directed staff to bring back to a date uncertain an item to discuss a comprehensive approach to addressing compliance, including incentives and excluding businesses not complying with the law from the City’s pandemic assistance programs and collaboration with other cities in the region and with the county. Collaboration -Compliance -Economic Relief and Incentives Recommended Action •Receive an informational report on the city’s efforts to address the COVID-19 public health orders and additional ideas for council’s discussion •Approve a resolution modifying the COVID-19 Small Business Loan Program •Discuss and provide direction to staff on any additional actions to be vetted, receive legal review, or pursued as appropriate to address compliance with the public health orders and collaboration with other cities in the region and county Recommended Action •Receive an informational report on the city’s efforts to address the COVID-19 public health orders and additional ideas for council’s discussion –Collaboration and Compliance •Approve a resolution modifying the COVID-19 Small Business Loan Program and discuss Economic Relief and Incentives •Discuss and provide direction to staff on any additional actions to be vetted, receive legal review, or pursued as appropriate to address compliance with the public health orders and collaboration with other cities in the region and county Response to COVID-19 •Mar. 15 –State directs all non-essential businesses to close in California •Mar. 17 –City ratifies state of emergency in Carlsbad •April 7 –Subcommittee to address COVID-19 economic impact created •April 21 –Economic Recovery & Revitalization Initiative (ERRI) approved •May 5 –$5 million in funding for ERRI approved 5 Response to COVID-19 •Aug. 28 State releases Blueprint for a Safer Economy –Tiers, metrics, and protocols for reopening –San Diego County started in second most restrictive of four tiers •Dec. 6 Regional Stay At Home Order goes into effect in San Diego County –Closure of indoor and outdoor dining, personal care services, gyms, and other businesses •Jan. 5 Minute Motion •Jan. 12 COVID-19: Actions and Expenditures Report and additional materials memo provided information regarding the city's COVID-19 economic relief efforts and temporary activation of outdoor areas for business operations 6 Collaboration 7 Collaboration 8 •Formal and informal communication with federal, state, and local officials •Regular coordination with state of California •Multiple monthly meetings with the county •Bi-weekly coordination with regional city managers •Coordination with federal, state, and local government Collaboration 9 •Fire Chief serves as the Operational Area Coordinator for all San Diego County Fire Rescue resources •Created regional PPE counts and single point of cooperative purchasing •Operation Collaboration –30 long-term care facilities –1,000+ people vaccinated in under 2 weeks –More sites coming online Collaboration 10 •Chief of Police collaborates with counterparts in the region, state, and nation •Regular meetings with District Attorney, county legal and law enforcement, county compliance team, and San Diego region ABC Collaboration Ideas 11 Ideas for discussion •Using the city’s intergovernmental affairs team to engage the governor, legislature, legislative representatives, county representatives, or local agencies to support city council priorities in addressing the pandemic •Work with other cities and agencies in San Diego on a regional approach to compliance with the public health orders •Coordinate with other local elected officials in the region to issue an open letter encouraging compliance with the public health orders Collaboration Ideas 12 Ideas for discussion •Evaluating ways that other jurisdictions are comprehensively addressing compliance and considering adoption of one or more approaches if they are applicable, relevant, and effective •Form a working group of elected officials in the region that can bring back recommendations to their respective municipal bodies •Collaborate with the business community to better understand barriers and solicit ways to assist Collaboration Ideas 13 Ideas for discussion •Collaborate with volunteer groups to assist in compliance efforts •Create a committee that holds public meetings and allows for public participation in the city’s economic revitalization Compliance 14 Compliance 15 Police Department •Violations of the public health order are generally reported through 211, to the county compliance team,police non- emergency line, or through other city staff •PD responds to health order violation calls for service •Calls for service contacts generally lead to compliance •Coordinate with the San Diego County Safe Re-Opening Compliance Team •County has issued 32 Cease and Desist orders Compliance 16 Parks & Recreation •Compliance with public health orders is required in public locations like beaches, parks, and trails •Post, update, and maintains signage •On-site monitoring seven days a week –Police officers and rangers for beaches, trails, and lagoons –Parks & Recreation staff for parks and recreation facilities Compliance 17 Parks & Recreation •Staff provide education when non-compliance is observed •If compliance is not achieved through education the police department is contacted and an officer is dispatched •Police officer addresses compliance Compliance Ideas 18 Ideas for discussion •Provide additional communication to retail and big box stores to ensure compliance •Conduct a coordinated effort between PD, CD, and OIED to identify and contact landlords of persistent violators to bring them into compliance •Elevated enforcement on those with temporary activation permits who continue to violate the public health order by initiating a notice of violation and subsequent enforcement actions which may include permit revocation Responding to Need •Spring 2020 COVID gathering limits imposed •Businesses looking for creative ways to operate •Activate outdoor public and private areas •Creative permitting opportunities 19 Code Enforcement Overview •Focus on compliance, not penalty •Most violations result from not knowing rules •First approach, education and awareness •Most violations resolved after verbal warning 20 Code Enforcement Overview •Notice of Violation •Administrative Citations –$100 1st infraction –$200 2nd infraction –$500 3rd and subsequent infraction 21 Permit Types to Activate Outdoor Space •Private Property Permit –Activation of private property such as a parking lot or common area •ROW Use Permit –Activation of public property such as the sidewalk or street parking 22 Private Property Permits •75 Businesses issued permit 23 3 -Medical (COVID testing) 12 -Personal services 7 -Specialty (farmers markets) 41 -Dining 4 -Faith-Based 8 - Fitness ROW Use Permits •15 Businesses issued ROW permit 12 –Restaurants (2 curb café; 8 sidewalk café; and 2 both) 3 –Retail/Display 24 Code Enforcement Options •Letter reminding owners of compliance requirements •Notice of Violation (within 72 hours) •Administrative Citations (every 24 hours) •City may remove ROW improvements if not in compliance •Coordinate with ABC on liquor license enforcement (following NOV) 25 Comprehensive Approach 26 Comprehensive Approach Discussion 27 City Council Discussion •Discuss and provide input in two of three areas –Collaboration –Compliance •Provide direction to staff to vet and conduct legal review on items they recommend be further evaluated or require future City Council action •Provide support for items that do not require future City Council action •Subsequently receive a report, discuss ideas and provide input on Economic Relief and Incentives Collaboration Ideas 28 Ideas for discussion •Using the city’s intergovernmental affairs team to engage the governor, legislature, legislative representatives, county representatives, or local agencies to support city council priorities in addressing the pandemic •Work with other cities and agencies in San Diego on a regional approach to compliance with the public health orders •Coordinate with other local elected officials in the region to issue an open letter encouraging compliance with the public health orders Collaboration Ideas 29 Ideas for discussion •Evaluating ways that other jurisdictions are comprehensively addressing compliance and considering adoption of one or more approaches if they are applicable, relevant, and effective •Form a working group of elected officials in the region that can bring back recommendations to their respective municipal bodies •Collaborate with the business community to better understand barriers and solicit ways to assist Collaboration Ideas 30 Ideas for discussion •Collaborate with volunteer groups to assist in compliance efforts •Create a committee that holds public meetings and allows for public participation in the city’s economic revitalization New ideas Compliance Ideas 31 Ideas for discussion •Provide additional communication to retail and big box stores to ensure compliance •Conduct a coordinated effort between PD, CD, and OIED to identify and contact landlords of persistent violators to bring them into compliance •Elevated enforcement on those with temporary activation permits who continue to violate the public health order by initiating a notice of violation and subsequent enforcement actions which may include permit revocation Compliance Ideas 32 New ideas Direction from Council 33 Summary of ideas •Collaboration •Compliance Recommended Action •Discuss and provide direction to staff on any additional actions to be vetted, receive legal review, or pursued as appropriate to address compliance with the public health orders and collaboration with other cities in the region and county Break 34 Economic Relief and Incentives 35 Recommended Action •Approve a resolution modifying the COVID-19 Small Business Loan Program •Discuss and provide direction to staff on any additional actions to be vetted, receive legal review, or pursued as appropriate related to economic relief and incentives Economic Relief and Incentives 37 •Economic uncertainity –Unemployment spiked to 13.8% in April –Unemployment in Nov. Stood at 5.4% •Engaging our businesses –#STAYSAFESTAYOPEN –Empowering business owners and employees to be a voice in keeping the community safe –Offering one-on-one support –Jan. 27 webinar on financial assistance with SBDC North county on –Educate and assist businesses in complying with the public health orders Economic Relief and Incentives 38 •Connect businesses with resources from federal, state, and local government –$5B distributed to roughly 60,000 applicants -$284B program •Source new ideas for City Council consideration from Chamber, CVA, Visit Carlsbad businesses •Promote businesses and try to drive revenue so they can comply •Exclude businesses that are bad actors –Previously included language in COVID-19 small business loan and temporary permits about compliance with laws –Added additional public health order language to permits –Added additional public health order language to loan program Economic Relief and Incentives 39 Economic Recovery and Revitalization Initiative •Referred economic relief ideas to City Council Legislative Subcommittee •Provided City lessee relief •Extended building permits and building permit applications by one-year •Permitting sidewalk and private parking lot activation •Temporary suspension of certain land use rules for outdoor business activation such as sidewalks and curb cafes •Approved fee holiday for outdoor activation permits Economic Relief and Incentives 40 Economic Recovery and Revitalization Initiative •Evaluated State Street activation with impacted business survey •Established referral partnership with National Conflict Resolution Center community mediation program to provide services for landlords and tenants •Approved worker recall ordinance •Evaluating electric vehicle purchase rebate program referred to subcommittee Economic Relief and Incentives 41 Economic Recovery and Revitalization Initiative •Approved $250,000 business promotion and tourism marketing campaign run by Visit Carlsbad •Launched COVID-19 Small Business Loan Program •Contributed $50,000 in matching funds to Gift Carlsbad shop local e-gift card program –87 merchants signed up –Over 2,000 gift cards purchased –$80,000 in economic activity –3.1x economic multiplier Economic Relief and Incentives 42 COVID-19 Small Business Loan Program •Small business micro loans of $5,000-$10,000 –Gross receipt cap of $2m and 15 or fewer employees –0% interest if paid back in 6 months –1% interest if paid back in 12 months –2% interest if paid back in 18 months •Small business recovery loan $10,000-$25,000 –Gross receipt cap of $3m and 50 or fewer employees –2% if paid back in 12 months –3% if paid back in 30 months Economic Relief and Incentives 43 COVID-19 Small Business Loan Program •134 applications received •68 Businesses Funded •$1,325,000 •8 loans in review •33 loans applications cancelled or denied Economic Relief and Incentives 44 COVID-19 Small Business Loan Program Modifications •Address the ongoing impact of the pandemic •Adjust the program based upon business survey data •Expand based upon application evaluation •Use capacity that remains in the program Economic Relief and Incentives 45 COVID-19 Small Business Loan Program Modifications •Valid business license or app. By April 1, 2020 •Valid business license prior to funding •Have been in business six months before loan approval •Businesses can receive both the loan products •Small business recovery loan modifications –Increase the gross receipts/revenue cap to $5 million –Raise maximum loan amount $25,000 to $50,000 •No change to the small business microloans •Would 150-175 additional businesses to apply Economic Relief and Incentives Ideas 46 Ideas for discussion •#STAYSAFESTAYOPEN program using a web portal to recognize businesses complying with the health order •Ramped up education campaign helping residents know how they can help support local businesses •Collaboration with CVA, Chamber, and Visit, on rewards and recognition Economic Relief and Incentives Ideas 47 Ideas for discussion •Create an adopt-a-business program •Engage with business organizations on microgrants •Develop a rental assistance program Economic Relief and Incentives Ideas 48 •#STAYSAFESTAYOPEN program using a web portal to recognize businesses complying with the health order –Ramped up education campaign helping residents know how they can help support local businesses –Digital marketing –Fairly promote businesses •Collaboration with CVA, Chamber, and Visit, on a recognition program •Use the $25,000 in business outreach funding authorized by the City Council for business community outreach •Engage with business organizations on direct aid programs and return to the city council with options for their consideration –Microgrant and/or rental assistance program Economic Relief and Incentives Ideas 49 Ideas for discussion •Create an adopt-a-business program •Engage with business organizations on microgrants •Develop a rental assistance program New ideas Recommended Action •Approve a resolution modifying the COVID-19 Small Business Loan Program •Discuss and provide direction to staff on any additional actions to be vetted, receive legal review, or pursued as appropriate related to economic relief and incentives Direction from Council 51 Summary of ideas •Economic Relief and Incentives Thank You 52 Business Loan Program 58 •134 applications received •68 Businesses Funded •$1,325,000 •8 loans in review •33 loans applications cancelled or denied Business Loan Program 59 Business Loan Business Loan Business Loan ABOUT ANYWHERE ALMOST ANYTIME $ 10,000.00 GLASS AND MIRROR SHOPPE $ 10,000.00 NAKED SKIN & WAX $ 25,000.00 AGORA HOLDINGS INC $ 25,000.00 GUZIK, KAREN B.$ 9,000.00 AQUAMAN AQUARIUM SERV.$ 10,000.00 AGUA HEDIONA LAGOON FOUNDATION $ 10,000.00 HAIR TRIGGER LLC $ 25,000.00 RYAN WATKINS DDS INC.$ 25,000.00 ANDARI MANAGEMENT SERVICES LLC $ 25,000.00 HEALTH QUEST ENTERPRISES INC.$ 25,000.00 SBLD APPAREL STUDIO LLC $ 25,000.00 AUDITORY SOUND WAVES INC.$ 10,000.00 HIGH TECH INVESTMENTS INC.$ 25,000.00 GRACE SHELLEY FINE ART $ 5,000.00 AUTO IMAGERY INC $ 10,000.00 HOUSE MARTEL LLC $ 5,000.00 SHINSCOM INC.$ 25,000.00 BABY MOVES $ 25,000.00 J & B CAFE LLC $ 25,000.00 SIEGE ELECTRIC INC.$ 25,000.00 BACK TO CALI LLC $ 25,000.00 JOA GROUP INC.$ 25,000.00 SIMPLECHIPS TECHNOLOGY $ 10,000.00 LAW OFFICE OF LANA BLACK $ 25,000.00 JP BOUTIQUE INC.$ 15,000.00 SKYLAR CREATIONS INC.$ 25,000.00 BRAVO JEWELLERS LLC $ 25,000.00 FORUM DELI $ 20,000.00 SOOTHING RELAX INC.$ 20,000.00 CA&K INC.$ 25,000.00 KIMBERLY COX $ 10,000.00 SUBURBAN MARINE INC.$ 25,000.00 CHRISTMAS, MICHAEL A.$ 10,000.00 LA COSTA ENERGY EFFCIENCY DOOR $ 10,000.00 TERRAMAR CREATIVE LLC $ 25,000.00 DANSBIERE LLC $ 25,000.00 LADY LUCK PRINT COMPANY $ 20,000.00 THE ESTATE PLANNING & LEGACY L $ 25,000.00 DAVIS, JULIA M.$ 25,000.00 LCWC LLC $ 20,000.00 THE FRENCH DELIGHTS LLC $ 5,000.00 DEVIN C. HUGHES ENTERPRISES $ 25,000.00 CLEAN IT $ 16,000.00 THE SURROGACY LAW CENTER $ 25,000.00 DOYEN CONSULTING GROUP INC.$ 25,000.00 NATIONWIDE PRIME MEDICAL SUPPL $ 25,000.00 THOUSAND SUNNY LLC $ 10,000.00 DUSIE CORPORATION $ 25,000.00 SUN FLUR BAGEL $ 25,000.00 TRANS PACIFIC FOODS CORP.$ 25,000.00 ELUMINATE FINANCIAL SERVICES I $ 25,000.00 OCEANSIDE SEAFOODS INC.$ 25,000.00 UNIVERSALREPAIR LLC $ 25,000.00 ENTOURAGE-A SALON INC.$ 10,000.00 OHANA MEDICAL SERVICES ORGANIZ $ 25,000.00 VERAVIA LLC $ 25,000.00 ETALUMA INC.$ 25,000.00 ONE STOP ENTERPRISES INC.$ 25,000.00 VINTAGE STORAGE $ 25,000.00 FYSH $ 25,000.00 OPEN WINDOW PRODUCTIONS INC.$ 10,000.00 WILDCATS HOCKEY LLC $ 25,000.00 GAIA ITALY GROUP INC.$ 25,000.00 PREMIERE CONSTRUCTION INC.$ 25,000.00 WISE, JOYCE M.$ 10,000.00 Total $ 1,325,000.00 - -- Business Loan Program 60 •Additional language has been added to the loan to ensure clarity regarding compliance with the public health orders –Borrower shall comply with all laws, regulations, and orders applicable to it, including all public health orders Gift Carlsbad 61 •E-gift card program unique in the region •City contributed $50,000 in matching funds •Ready Carlsbad Business Alliance –Chamber of Commerce contributed first $25,000 to seed the program •Private and public sector funding provides a bonus for every gift card purchased –$25+$5 –$40+$10 –$75+$25 Gift Carlsbad 62 •87 merchants signed up –48% Food & Beverage –37% Retail –15% Services •2027 gift cards purchased •$26,000 in sponsorship funds used to date •$80,000+ in economic activity •3.1x economic multiplier Gift Carlsbad 63 •Next Steps –Holiday shop local promotion has concluded –Chamber, CVA and Visit Carlsbad are strategizing on next promotional opportunity –Will continue to operate the program through 2021 to aid in economic recovery COVID-19 Economic Relief 64 Next Steps •Additional update to businesses ahead of the close of state grant program on Jan. 13 •Financial aid webinar scheduled for next week •Subcommittee continues to meet every other week •Evaluate, update, and recommend programs in coordination with the subcommittee •Continued engagement with business organizations to collaborate on ideas to address pandemic impacts Additional Materials Memo 65 •Issued Jan. 5, 2021 •Provided information regarding programs that may provide a public benefit to business –Economic Recovery and Revitalization Initiative –Business Licenses –Temporary Activation of Private Property –Temporary Activation of Public Property Economic Response to COVID-19 •Twenty-seven subcommittee meetings since its creation •On-going operational support, subcommittee engagement and City Council actions to support businesses impacted by COVID-19 •Collaboration with business organizations and businesses to inform our approach to economic response, recovery, and revitalization 66 Connecting Businesses with Financial Aid 67 July 7, 2020 Coast report and interactive map Carlsbad Leads North County pack in PPP loan recipients ■ $5-10 million ■ $2-5 million ■ $1-2 million ■ $350,000-1 million $150,000-350,000 $0-150,000 Number of Recipients 0 500 1000 1500 2000 2500 3000 3500 CARLSBAD ENCINITAS ESCONDIDO OCEANSIDE VISTA SAN MARCOS Th~ SOI.ANA BEACH DEL MAR 8·• F•ncho • Santa Fe