City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, FEBRUARY 9, 2022 -
6:00
p.m.
City of Encinitas - City Council Chambers
505 S. Vulcan Avenue
Encinitas, California 92024
Each speaker is allowed three (3) minutes to address the City Council.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
3. PLEDGE OF ALLEGIANCE
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Each speaker is allowed three (3) minutes to address the City Council. Please submit a “WHITE” speaker slip to the City Clerk. If needed, Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda. 2022-02-09 Item 05 Oral Communications Received by 3PM on 02-09-22
6. REPORT FROM CLOSED SESSION (IF HELD)
7. CHANGES TO THE AGENDA Announcements of administrative changes to the agenda, in compliance with the Brown Act.
The title of ordinances listed on this agenda are deemed to have been read and further reading waived.
8. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Any member of the public may remove an item by submitting a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. Items removed from the Consent Calendar by a Council Member or the public will be considered immediately following the Consent Calendar. *If a public hearing item is part of the consent calendar, the public hearing shall be deemed held if the item is not removed from the consent calendar for discussion and possible action. 8A.
Approval of the Minutes of the January 19, 2022 Special Meeting, January 19, 2022 Regular Meeting, and the January 24, 2022 Special-Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2022-02-09 Item 08A Minutes
8B.
Approval of the Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2022-02-09 Item 08B Approval of Warrants List
8C.
Appointment to the Commission for the Arts to fill one unscheduled vacancy with a term ending March 1, 2023 . Contact Person: City Clerk Hollywood The City Council approve the Mayor’s recommendation to appoint James Hebert to fill one unscheduled vacancy on the Commission for the Arts with a term ending March 1, 2023. 2022-02-09 Item 08C Arts Commission Appointment
8D.
Adoption of Ordinance No. 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 to provide for objective design standards for multiple family and mixed-use housing development. Contact Person: Planning Manager Gates Adopt Ordinance No. 2022-02, titled "An Ordinance of the City Council of the City of Encinitas Adopting Amendments to Chapters 23.08 (Design Review), 30.04 (Definitions), 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." 2022-02-09 Item 08D Objective Design Standards Ordinance Adoption 8E.
Adoption of Ordinance No. 2022-03 to adopt modifications approved by the California Coastal Commission to City Council Ordinance No. 2020-10 (with the exception of the provisions regarding replacement parking), which amended the Zoning Code and Local Coastal Program (LCP) to modify the regulations and requirements for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) consistent with recent changes in state law. Contact Person: Associate Planner Jedynak Adopt City Council Ordinance No. 2022-03 titled, "An Ordinance of the City Council of the City of Encinitas, California, Adopting the Modifications Suggested by the California Coastal Commission to City Council Ordinance No. 2020-10, Amending Section 30.48.040 (Accessory Use Regulations) and Section 30.76.120 (Remodeling or Reconstruction of Residential Buildings with Structural/Use Nonconformity) of Title 30, (Zoning) with the Exception of the Provisions Regarding Replacement Parking." 2022-02-09 Item 08E ADU CCC Modifications Ordinance Adoption 8F.
Second reading and adoption of City Council Ordinance 2022-01, adding Encinitas Municipal Code Chapter 11.30- Balloon Ordinance. Contact Person: Environmental Programs Manager Steenblock Adopt Ordinance 2022-01, "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." 2022-02-09 Item 08F Balloon Ordinance Adoption
2022-02-09 Item 08F Balloon Ordinance Adoption - Public Comments Received by 3PM on 02-09-22 8G.
Ratify grant application to San Diego Association of Governments (SANDAG) Housing Acceleration Grant Program (HAP) for an amount of $310,000. Contact Person: Planner IV Dacey Adopt Resolution No. 2022-17 titled "A Resolution of the City of Encinitas City Council, ratifying and authorizing the filing of an application for grant funds from the San Diego Association of Governments and accepting the terms of the grant agreement" and authorize the City Manager to enter into, execute and deliver an agreement with SANDAG for an amount to be awarded. 2022-02-09 Item 08G SANDAG HAP Grant Application
2022-02-09 Item 08G SANDAG HAP Grant Application - Staff Memo (Posted 02-09-22) 2022-02-09 Item 08G SANDAG HAP Grant Application - Public Comments Received by 3PM on 02-09-22 8H.
Contract Amendment for Dredging and Grading of the Cottonwood Creek Detention Basin. Contact Person: Superintendent Ugrob 1) Ratify Amendment No. 1 to the Contract for Dredging and Grading of the Cottonwood Creek Basin Between the City of Encinitas and Entenman Development Group ; and 2) Ratify a Budget Transfer from Citywide Flood and Channel Maintenance (Project WC09D) to Cottonwood Creek Basin Maintenance (Project CD20A) in the amount of $43,860; and 3) Adopt Resolution 2022-20 Amending the Fiscal Year 2021-22 Budget. 2022-02-09 Item 08H Ratify Entenman Agreement
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10A): New information such as documents, exhibits, letters, photos, charts, diagrams, videos, etc., WILL NOT be considered by the City Council if presented at this meeting. All material must have been submitted to the City Clerk no less than 7 calendar days prior to this hearing
10. ACTION ITEMS To speak on action items, please submit a ?PINK? speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. 10A.
Public Hearing to consider a timely-filed appeal of the Planning Commission’s denial of a Planning Commission Interpretation for the conversion of a fast-food restaurant with a drive through to a coffee shop with a drive through use. CASE NUMBER: MULTI-003587-2020, DR-003589-2020 & BADJ-003588-2020; APPLICANT: Jack in the Box Properties, LLC.; APPELLANT: Jack in the Box Properties, LLC.; LOCATION: 1967 San Elijo Avenue (APN: 260-351-23). Contact Person: Senior Planner Maynard Recommended Action: Deny the appeal and uphold the decision of the Planning Commission and adopt attached draft City Council Resolution No. 2022-01. 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Agenda Report and Attachment 01 Draft Resolution 2022-01 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 02 - Appeal and Supplemental Information 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 03 - PC Res 2021-45 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 04 - PC AR 01 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 04 - PC AR 01 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 04 - PC AR 01 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 05 - PC AR 02 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 06 - Public Comments Received by Agenda Posting 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Attachment 07 - Applicant Info Submitted 02022022 2022-02-09 Item 10A 1967 San Elijo Avenue Appeal - Public Comments Received by 3PM on 02-09-22 10B.
Proposed Amendment to the City Manager’s Employment Agreement, effective, October 12, 2021. Contact Person: Mayor Blakespear 1) Consider approval of Resolution 2022-18 Amendment No. 1 to the City Manager's Employment Agreement and authorize the Mayor to execute the amendment to the Employment Agreement, effective October 12, 2021; and 2) Consider Resolution 2022-19 approving and adopting the City Manager Pay Schedule in the amount of $255,0000. 2022-02-09 Item 10B City Manager Contract Amendment
11. INFORMATIONAL ITEMS - NONE
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A.
Council initiated item from Councilmember Lyndes & Hinze regarding Conservation of Open Space Resolution.
City Council approve Resolution 2022-04, titled “A Resolution of the City Council of the City of Encinitas in support of the Conservation of Open Space.” 2022-02-09 Item 12A Council Initiated Item - Conservation of Open Space 2022-02-09 Item 12A Council Initiated Item - Conservation of Open Space - Public Comments Received by 3PM on 02-09-22
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON FEBRUARY 16, 2022 Notice to the Public:
To ensure that the City meets your needs when addressing the City Council, all presentation materials which require the use of visual equipment need to be submitted to the City's IT Division at least 24 hours in advance of the meeting (except for appeal hearings where materials must be submitted 7 days in advance). This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel).
No CD's, DVD's, or USB thumb/flash drives will be accepted at the meeting.
All materials must be in PC format and digital presentation items must be emailed to [email protected]
. Please label all materials with the corresponding agenda item number. Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of video/digital/photographs are considered part of the maximum time limit provided to speakers.