MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JANUARY 19, 2022, 6:00 P.M., 505 SOUTH VULCANAVENUE
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:03 P.M.
2. ROLL CALL
Present: Mayor Catherine S. Blakespear,, Deputy Mayor Joe Mosca, Council Members Kellie Shay Hinze, Tony Kranz and Joy Lyndes
Absent: None
Also present:City Manager Antil, City Attorney Devaney, Risk Manager Schwarm, Planning Manager Gates, Development Services Director Sapa'u, Environmental Programs Manager Steenblock, City Clerk Hollywood and Deputy City Clerk Bingham
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4A. Inclusion and Welcoming Community Proclamation
Mayor Blakespear invited San Dieguito Union High School District Superintendent Dr. Cheryl James-Ward and Board Members Julie Bronstein, Katrina Young, and Board President Maureen Muir along with community leaders representing the NAACP, LGBTQ Resource Center, Encinitas 4 Equality, Encinitas Equity Committee, and Anti- Defamation League to join her in the reading and presentation of the proclamation.
SDUHSD Superintendent Dr. Ward and Board President Muir provided comments in support of the proclamation.
5. ORAL COMMUNICATIONS 1 POSSIBLE DIRECTION TO STAFF Camilla Rang spoke regarding the railroad tracks in Del Mar.
Stephen Lord spoke regarding the Equity Committee.
Jeryl Ann Kessler spoke regarding the Staver housing project on Melba Road. 01/19/2022 Reg.Mtg. Page 1 Mtg.#2022- ,Bk#38,Page 'I
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Trina Priest, Terri Skelly, and Kelly McCormick spoke regarding marijuana businesses in the city.
Yusef Miller spoke regarding the Inclusion and Welcoming Community Proclamation.
Action Item 10A was heard next with Time Certain of 6:30 p.m. 10A. Third Public Hearing in the redistricting process to begin at 6:30 pm.
Contact Persons: Administrative Services Director Schwarm and Special Counsel Skinnel TIME CERTAIN 6:30 P.M.
Recommended Action: 1) Open the public hearing at 6:30 p.m.; 2) Receive and discuss presentation from the demographer regarding draft district maps including those prepared by the demographers and those submitted by members of the public; 3) Conduct a public hearing to solicit public testimony regarding the proposed district maps; 4) Provide feedback and (1) narrow down the field of proposed maps to a handful of "focus" maps, and (2) if desired, direct the demographer to prepare revised or additional draft district maps for presentation to the Council at the fourth public hearing to be held on March 9, 2022.
Director of Administrative Services Schwarm presented the staff report.
Special Counsel Skinnel and Shannon Kelly with National Demographics Corporation reviewed the draft maps prepared by the public and the demographers.
Mayor Blakespear opened the public hearing.
SPEAKERS:
Mark Mayer, Bruce Ehlers, Julie Thunder, and Kris Stewart spoke.
Mayor Blakespear closed the public hearing.
COUNCIL CONSENSUS:
There was Council consensus to direct the demographer to prepare new district maps based on Map P69847 (shown on page 69 of the, agenda report) with minor modifications to reflect Council comments. The new maps will be considered at the fourth public hearing to be held on March 9, 2022.
Mayor Blakespear called a recess from 7:45 P.M. to 8:05 P.M. 01/19/2022 Reg.Mtg. Page 2 Mtg.#2022- ,Bk#38,Page
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6. REPORT FROM CLOSED SESSION
City Attorney Devaney reported that the City Council held a Closed Session meeting on January 12, 2022 and stated that regarding Closed Session Agenda Items 1, 2, 3 & 4 that there was no reportable action.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
COUNCIL ACTION:
Mosca moved, Hinze seconded to close and adopt the Consent Calendar.
Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays:
None.
8A. _Approval of the Minutes of the December 8, 2021 Special Meeting/Closed Session, December 8, 2021 Special Meeting, December 13, 2021 Special Meeting/Closed Session, December 15, 2021 Special Meeting/Closed Session and the December 15, 2021 Regular Meeting. Contact Person:
City Clerk Hollywood
Recommended Action: Approve the Minutes.
813. Approval of the Warrants List. Contact Person: Finance Manager Sanderson
Recommended Action: Staff recommends that the City Council review and approve the warrants.
8C. Annual_ Report Concerning the Mitigation Fee Act for Fiscal Year 2020-21.
Contact Persons: Finance Manager Sanderson and Finance Analyst Thai Recommended Action: Review and file the Annual Mitigation Fee Report for Fiscal Year Ended June 30, 2021.
8D. City Council to consider and initiate amendments to the Local Coastal Program and Encinitas Municipal Code regarding the appeal period timeline. Contact Person: Planner IV Dacey
Recommended Action: Adopt Resolution 2022-02 titled "A Resolution of the City Council of the City of Encinitas, California, Initiating Amendments to the Municipal Code and Local Coastal Program pertaining to the Appeal Period Time Limit."
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8E. Resolution 2022-05 approvinq the revised City of Encinitas Emergency Operations Plan. Contact Person: Senior Management Analyst Jimenez Recommended Action:Adopt Resolution 2022-05, titled "A Resolution of the City Council of the City of Encinitas, California, Approving the Revised City of Encinitas Emergency Operations Plan."
8F. Amendment to the Ground Lease between the City of Encinitas and Habitat for Humanity. Contact Person: Planning Manager Gates Recommended Action: Authorize the Mayor to execute, in substantial form, in consultation with the City Attorney, the Second Amendment to the Ground Lease Agreement between the City of Encinitas and Habitat for Humanity.
8G. . Public Beach Restoration Grant from the State of California Department of Parks and Recreation, Division of Boating and Waterways (DBW), to support construction funds for the San Diego County Coastal Storm Damage Reduction Project. Contact Person: Coastal Zone Program Administrator Timberlake
Recommended Action: Adopt Resolution 2022-10 titled, "A Resolution of the City Council of the City of Encinitas, California, Authorizing Submittal of a Joint Public Beach Restoration Grant Application with the City of Solana, Beach to the State of California, Department of Parks and Recreation, Division of Boating and Waterways."
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
10. ACTION ITEMS
10B. Introduction of Ordinance 2022-02 for amendments to Chapters 23.08 (Design Review) and 30.16 (Residential Zones) of the Encinitas Municipal Code, the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-the-Sea Specific Plans, and the Local Coastal Program and adoption of Resolution 2022-03 for amendments to the City's Design Guidelines to provide for objective design standards for multiple family and mixed-use housing development. Contact Person: Planning Manager Gates
Recommended Action: 1) Introduce Ordinance 2022-02, titled "An Ordinance of the City Council of the City of Encinitas Adopting Amendments to Chapters 23.08 (Design Review) and 30.16 (Residential Zones) of The Encinitas Municipal Code, Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-By-The-Sea Specific Plans, and Local Coastal Plan to Create Objective Standards for Housing Development;" and 2) Adopt Resolution 2022-03, titled "Resolution of the 01/19/2022 Reg.Mtg. Page 4 Mtg.#2022- ,Bk#38,Page
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City Council of the City of Encinitas Adopting,Amendments to the City's Renamed Design Review Standards and Guidelines and Incorporated by Reference in Section 23.08.100 of the Encinitas Municipal Code." Planning Manager Gates presented the staff report and responded to questions from Council.
There were no public speakers.
COUNCIL ACTION:
Lyndes moved, Mosca seconded to: 1) Introduce Ordinance 2022-02, titled "An Ordinance of the City Council of the City of Encinitas Adopting Amendments to Chapters 23.08 (Design Review) and 30.16 (Residential Zones) of The Encinitas Municipal Code, Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-By-The- Sea Specific Plans, and Local Coastal Plan to Create Objective Standards for Housing Development;" and 2) Adopt Resolution 2022-03, titled "Resolution of the City Council of the City of Encinitas Adopting Amendments to the City's Renamed Design Review Standards and Guidelines and Incorporated by Reference in Section
23.08.100 of the Encinitas Municipal Code." Motion carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
10C. Public Hearing and Introduction of City Council Ordinance 2022-01, adding Encinitas Municipal Code Chapter 11.30 — Balloon Ordinance.
Contact Person: Environmental Programs Manager Steenblock Recommended Action: 1) Open the public hearing; and 2) Introduce Ordinance 2022-01, titled "An Ordinance of the City Council of the City of Encinitas, California, adding Chapter 11.30 to the Encinitas Municipal Code Prohibiting the Use, Sale and Distribution of Balloons Filled with a Gas Lighter than Air."
Environmental Programs Manager Steenblock presented the staff report and responded to questions from the Council.
Mayor Blakespear opened the public hearing.
SPEAKERS:
Mya Luizzi, Mark O'Connor and June Honsberger spoke in support of the recommended action.
Terri Bennin, Treb Heining, and Ryan Allain spoke in opposition to the recommended action.
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Daina Krigens registered support for the recommended action but chose not to speak.
Tom Remy registered opposition to the recommended action but chose not to speak.
COUNCIL ACTION:
Lyndes moved, Blakespear seconded to introduce Ordinance 2022- 01, titled "An Ordinance of the City Council of the City of Encinitas, California, adding Chapter 11.30 to the Encinitas Municipal Code Prohibiting the Use, Sale and Distribution of Balloons Filled with a Gas Lighter than Air." Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council Initiated Item from Council Member Kranz regarding support for the "Our Neighborhood Voices" initiative to amend the State Constitution and reestablish local control.
Recommended Action: Adopt Resolution 2022-15 expressing support for the "Brand-Huang-Mendoza Tripartisan Land Use Initiative" to amend Article XI of the Constitution of the State of California to make zoning and land use community affairs, and not of state interest.
Council Member Kranz presented the Council Initiated Item.
SPEAKERS:
Bob Ayers, Theresa Beauchamp, Mali Woods, and Tashi MacMillen spoke in opposition to the recommended action
Bruce Ehlers and Julie Thunder spoke in support of the recommended action.
After Council discussion, no action was taken on this item. 12B. Council Initiated Item from Mayor Blakespear and Council Member Mosca regarding the consideration of a ban on ghost guns in the City of Encinitas.
Recommended Action: Direct city staff to bring back an ordinance that places a ban on ghost guns in the City of Encinitas.
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Deputy Mayor Mosca presented the Council Initiated Item and responded to questions from Council.
Theresa Beauchamp, Bob Ayers, and Mali Woods registered support of the recommended action but chose not to speak.
COUNCIL ACTION:
j Lyndes moved, Blakespear seconded to direct city staff to bring back an ordinance that places a ban on ghost guns in the City of Encinitas. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Members Hinze and Lyndes reported on a Shoreline Preservation Group meeting.
Council Member Kranz reported on an NCTD meeting.
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
No report was given.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 10:02 P.M.
athy Ho lywood, i CI rk Catherine S. Blakespear, Mayor By: Claudia Bingha
Deputy City Clerk
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