MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 9, 2022, 6: 00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:12 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: Assistant City Manager Campbell, City Attorney Devaney, Development Services Director Sapa'u, Planning Manager
Gates, Senior Planner Maynard, City Clerk Hollywood, and Program Coordinator Weichers
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no presentations or proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Susanne Klausenstock spoke regarding the Fire Evacuation process.
Jennifer Bishop spoke about the Olivenhain Evacuation plan.
Stephen Lord spoke regarding the Pandemic.
Mark Wilcox spoke regarding marijuana businesses in Encinitas.
Kristine Schindler provided Active Transportation Updates.
Julie Graboi spoke regarding a drainage issue at her residence.
Peggy Walker spoke regarding marijuana fees and taxes.
Judy Berifein spoke regarding the quick build process.
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3 Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road.
REPORT FROM CLOSED SESSION
City Attorney Devaney reported the following: 1) City Council held a Closed Session meeting on January 31, 2022, to consider one item, all City Council Members were present and there was no reportable action; 2) City Council held a Closed Session meeting on February 1, 2022 to consider two items, all City Council Members were present, and there was no reportable action; and 3) City Council held a Closed Session at 4:30 p.m. to consider seven items, all City Council Members were present, and there was no reportable action.
CHANGES TO THE AGENDA
There were no changes to the posted agenda.
CONSENT CALENDAR
City Clerk Hollywood announced that Item 8G was removed from the Consent Calendar by a member of the public.
COUNCIL ACTION:
Mosca moved, Hinze seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca.
Nays: None. Absent: None.
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
Recommended Action: Approve the Minutes.
8B. Approval of the Warrants List (Register of Demands). Contact Person:
Finance Manager Dinh
Recommended Action: Staff recommends that the City Council review and approve the warrants.
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
Recommended Action: 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. 8D. Adoption of Ordinance 2022-02 for amendments to Chapters 23.08 (Design Review) and 30.16 (Residential Zones) of the Encinitas Municipal 02/09/2022 Reg. Mtg. Page 2 Mtg. 42022- , Bk438, Page
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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 Recommended Action: 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."
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 Recommended Action: 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."
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
Recommended Action: 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."
8H. Contract Amendment for Dredging and Grading of the Cottonwood Creek Detention Basin. Contact Person: Superintendent Ugrob
Recommended Action: 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.
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9. ITEMS REMOVED FROM THE CONSENT CALENDAR
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
Recommended Action: 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.
Planning Manager Gates presented the staff report and responded to questions from the Council.
SPEAKERS:
Kathleen Lindeman, Natalie Settoon speaking on behalf of Elena Thompson, Julie Graboi, Cindy Cremona, and Christine Dean spoke in opposition to the recommended action.
COUNCIL ACTION:
Hinze moved, Blakespear seconded 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. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None.
10. ACTION ITEMS
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.
Senior Planner Maynard presented the staff report.
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Council Member Kranz, Council Member Hinze, Council Member Lyndes, Deputy Mayor Mosca, and Mayor Blakespear had no disclosures to report.
Mayor Blakespear opened the Public Hearing.
Jennifer Chavez, representing the applicant/appellant Jack in the Box, presented the appeal.
SPEAKERS:
Alison Wielechowski, Robert Clark, Austin Davis, Richard Fuller, Richard Risner, and Ava Kowlessar spoke in support of the recommended action.
Kayman Wong, representing Cal Bay Property Management spoke in opposition to the recommended action.
Jennifer Chavez, representing the applicant/appellant Jack in the Box, presented the rebuttal and responded to questions from the Council.
Mayor Blakespear closed the Public Hearing.
COUNCIL ACTION:
Mosca moved, Blakespear seconded to deny the appeal and uphold the decision of the Planning Commission and adopt City Council Resolution No. 2022-01. Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent: None.
10B. Proposed Amendment to the City Manager's Employment Agreement, effective, October 12, 2021. Contact Person: Mayor Blakespear Recommended Action: 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.
Mayor Blakespear presented the staff report and a proposed modification to Section 10.B of Amendment 1 to the City Manager's Contract to read as follows: "City and employee agree that for a period of six months from the swearing in of the new Council subsequent to the General Municipal Election in November of 2022, the Council may only terminate this Agreement and Employee's employment pursuant to Section 10.A.1 upon a 5-0 vote of the Council."
COUNCIL ACTION:
Blakespear moved, Mosca seconded to: 1) approve Resolution 2022- 18 Amendment No. 1 to the City Manager's Employment Agreement and authorize the Mayor to execute the amendment to the 02/09/2022 Reg. Mtg. Page 5 Mtg. #2022- , 13038, Page
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Employment Agreement, effective October 12, 2021 with Section 10.13 amended to read: "City and employee agree that for a period of six months from the swearing in of the new Council subsequent to the General Municipal Election in November of 2022, the Council may only terminate this Agreement and Employee's employment pursuant to Section 10.A.1 upon a 5-0 vote of the Council;" and 2) adopt Resolution 2022-19 approving and adopting the City Manager Pay Schedule in the amount of $255,0000. Motion carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent:
None.
11. INFORMATIONAL ITEMS
There were no information items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Councilmembers Lyndes & Hinze regarding Conservation of Open Space Resolution.
Recommended Action: 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."
Council Members Lyndes and Hinze presented their council initiated item.
SPEAKERS:
Jennifer Bright, Kristine Schindler, Jeryl Anne Kessler, Dolores Welty, John Gjata, and Jennifer Hewitson spoke in support of the recommended action.
Mark O'Connor registered support of the recommended action, but chose not to speak.
COUNCIL ACTION:
Hinze moved, Lyndes seconded to adopt Resolution 2022-04, titled "A Resolution of the City Council of the City of Encinitas in support of the Conservation of Open Space." Motion carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays: None. Absent:
None.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC
53232.3(d)) i POSSIBLE DIRECTION TO STAFF
No reports were given.
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14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
No report was given.
16. ADJOURNMENT
Council Member Kranz adjourned the meeting in memory and honor of Jack Woody Ekstrom, Clint Johnson, and Earl Flores.
Mayor Blakespear adjourned the meeting at 8:41 p.m.
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Kathy Holl wood, i y Clerk Catherine S. Blakespear, Mayor By: Pete Weichers
Program Coordinator
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