MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
JUNE 8, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
In the interest of public health, and consistent with the provisions of Assembly Bill 361 (AB 361) and related resolutions adopted by the City of Encinitas City Council, the City of Encinitas is temporarily taking actions to mitigate the COVID-19 pandemic by holding City Council Meetings electronically.
This was not an in -person meeting.
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Catherine S. Blakespear, Deputy Mayor Mosca (arrived at 6:45 p.m.), Council Members Kellie Shay Hinze, Tony Kranz, and Joy Lyndes.
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Assistant City Manager Campbell, Development Services Director Sapa'u, Fire Chief Stein, Planning Manager Colamussi, Special Counsel Kautz, Traffic Engineer Bandegan, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
4B. Presentation of Proclamation Declaring June as Pride Month Mayor Blakespear read and presented the proclamation to Lisa Nava, Director of Pride by the Beach.
4A. Presentation of Proclamation for National Gun Violence Awareness Day Mayor Blakespear read and presented the proclamation for National Gun Violence Awareness Day to Council Member Kranz.
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06/08/22 Regular Meeting
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ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Anthony Bona spoke regarding first amendment rights.
Becky Rapp spoke regarding marijuana businesses.
Rachel Graves spoke regarding COVID-19 outbreaks at City Hall and Cal OSHA guidelines.
Kelly McCormick spoke regarding marijuana messaging.
Glen Johnson spoke regarding the June 7, 2022, California Primary Election results.
REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council and the San Dieguito Water District held a Special Joint Closed Session on June 8, 2022, at 4:00 p.m. to consider four items and there was no reportable action.
CHANGES TO THE AGENDA
There were no changes to the posted agenda.
CONSENT CALENDAR
COUNCIL ACTION:
Blakespear moved, Lyndes seconded to close and adopt the Consent Calendar. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Nays:
None. Absent: Mosca
8A. Approval to waive the full reading of the text of all ordinances and resolutions introduced/adopted at this meeting. Ordinances and resolutions shall be introduced/adopted by title only. Contact Person: City Clerk Hollywood
Recommended Action: Approve.
8B. Approval of the Minutes of the May 18, 2022, Special Joint Meeting with San Dieguito Water District and the May 18, 2022, Regular Meeting.
Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes
8C. Approval of the Warrants Lists. Contact Person: Finance Manager Dinh Recommended Action: Staff recommends that the City Council review and approve the warrants.
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10. ACTION ITEMS
10A. An Ordinance amending and adding sections to the Encinitas Municipal Code relating to Non -Serialized, Unfinished Firearm Frames or Receivers and Non -Serialized Firearms. Contact Person: Assistant City Manager Campbell
Recommended Action: 1) Introduce Ordinance No. 2022-08, titled "An Ordinance of the City Council of the City of Encinitas, California Amending Chapter 9.30 Firearms to Add Sections 9.30.030 and 9.30.040 to the Encinitas Municipal Code Relating to Non -Serialized, Unfinished Firearm Frames or Receivers and Non -Serialized Firearms."
Assistant City Manager Campbell presented the staff report and responded to questions from the Council.
Sheriff's Captain Lopez responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Blakespear seconded to Introduce Ordinance No. 2022- 08, titled ±An Ordinance of the City Council of the City of Encinitas, California Amending Chapter 9.30 Firearms to Add Sections 9.30.030 and 9.30.040 to the Encinitas Municipal Code Relating to Non - Serialized, Unfinished Firearm Frames or Receivers and Non - Serialized Firearms.<_ Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes. Nays: None. Absent: Mosca
10B. Consider confirming the appointment of Robert Prendergast to the Planning Comm ission-Olivenhain Representative to fill the unscheduled vacancy with a term ending March 1, 2023.
Recommended Action: 1) Appoint Robert Prendergast to the Planning Comm ission-Olivenhain Representative to fill the unscheduled vacancy with a term ending March 1, 2023; and 2) Direct staff to bring back an ordinance to amend the Municipal Code to clarify and allow sitting commissioners to apply for other commission vacancies and, if appointed, the commissioner would be automatically removed from their prior commission appointment in keeping with the Council's desire to prevent dual membership.
City Clerk Hollywood presented the staff report and responded to questions from the Council.
SPEAKERS:
The following speakers spoke in opposition to the recommended action:
Amy McCord, Dan Vaughn, Cindy Cremona, and Rachel Graves.
Glen Johnson spoke regarding the appointment.
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06/08/22 Regular Meeting
COUNCIL ACTION:
Kranz moved, Hinze seconded to appoint Robert Prendergast to the Planning Commission-Olivenhain Representative to fill the unscheduled vacancy with a term ending March 1, 2023. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Mosca. Nays: Lyndes
Absent: None.
Hinze moved, Blakespear seconded to direct staff to bring back an ordinance to amend the Municipal Code to clarify and add language to allow sitting commissioners to apply for other commission vacancies and, if appointed, the commissioner would be automatically removed from their prior commission appointment in keeping with the Council's desire to prevent dual membership on commissions.
Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Nays:
None. Absent: None.
10C. Public Hearing to reconsider Randy Goodson's appeal of the Planning Commission denial of a Design Review Permit and Density Bonus Permit and consider an amended Design Review Permit and Density Bonus application for the demolition of existing single-family homes and accessory structures and construction of a 250-unit apartment development (200 market rate and 50 affordable units), including a leasing and amenity space, private outdoor recreation space, signage, and grading, storm water, and landscaping improvements. CASE NUMBER: MULTI-005356-2022 & DR- 005366-2022; APPLICANT AND APPELLANT: Encinitas Boulevard Apartments 6.95, LP, Randy Goodson; LOCATION: 2220, 2228 & 2230 Encinitas Boulevard (APNs: 259-231-28, 30, 31 & 32). Contact Person:
Planning Manager Colamussi
Recommended Action: Move to reconsider Randy Goodson's appeal, hold a public hearing, and adopt attached draft City Council Resolution No. 2022-70 (Attachment 01 of the agenda report) to grant the appeal and to approve the amended Design Review Permit and Density Bonus requests.
COUNCIL ACTION:
Blakespear moved, Hinze seconded to: 1) reconsider Randy Goodson's appeal of the Planning Commission's denial of a Design Review Permit and Density Bonus application and consider an amended Design Review Permit and Density Bonus application for 2220, 2228, and 2230 Encinitas Boulevard; and 2) waive any contrary rules of parliamentary procedure to allow this matter to be heard.
Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca.
Nays: None. Absent: None.
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Planning Manager Colamussi presented the staff report, responded to questions from the Council, and recommended an additional Condition of Approval to be included in Resolution 2022-70 to read as follows:"SCB15.
All outdoor lighting fixtures shall be low to the ground and shall be fully shielded so as to cause all emitted sustained light to be projected below an imaginary horizontal plane passing through the lowest point of the luminary, lamp or light source used in the fixture. The luminary, lamp, or light source shall not be directly visible from any adjoining residential property."
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Hinze reported she had no disclosures.
Council Member Kranz reported that he received numerous emails.
Council Member Lyndes reported that she had no disclosures.
Deputy Mayor Mosca reported that he had no disclosures.
Mayor Blakespear reported that she had no disclosures.
Mayor Blakespear opened the public hearing.
Randy Goodson, applicant/appellant, presented his appeal.
SPEAKERS:
The following individuals spoke in opposition to the Goodson project: Jim Frost, Dan Vaughn, Can Bilsel, Rick Boyer, Juliana, Amy McCord, Susan Ryan Rappaport, Jeryl Anne Kessler, Cheri Sheridan, Rachel Graves, Glen Johnson, MT, Chris Blay, Holly Manion, Laurel Lemarie, Brian Lucas, Verne Scholl, and We Vote Encinitas.
Randy Goodson, applicant/appellant, presented his rebuttal.
Mayor Blakespear closed the public hearing.
Mayor and Council discussed the project.
The applicant and staff responded to questions from the Council.
COUNCIL ACTION:
Hinze moved, Blakespear seconded to adopt City Council Resolution No. 2022-70 titled "A Resolution of the City Of Encinitas City Council to Reconsider the Appeal of Randy Goodson and to Approve an Amended Application for a Design Review Permit and Density Bonus Requests to Demolish Two Existing Single -Family Homes, a 06/08/22 Regular Meeting Page 5 Mtg. #2022- 113038, Page
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Residential Care Facility (Single -Family Home) and Accessory Structures, and Construct A 250-Unit Apartment Development (200 Market -Rate And 50 Affordable Units) Including a Leasing and Amenity Space, Private Outdoor Recreation Space, Signage, Grading And Landscaping Improvements Located at 2220, 2228 & 2230 Encinitas Boulevard" AMENDED to include staff's recommended addition of condition SCB15 as presented.
Special Counsel Kautz recommended the following modification to Design Review Permit finding #3 explanation to read: "The project does not violate any adopted objective standards for the health, safety, or general welfare of the community. All utilities and services are in place to serve the project." Hinze amended the motion, Blakespear seconded to adopt City Council Resolution No. 2022-70 titled "A Resolution of the City Of Encinitas City Council to Reconsider the Appeal of Randy Goodson and to Approve an Amended Application for a Design Review Permit and Density Bonus Requests to Demolish Two Existing Single -Family Homes, a Residential Care Facility (Single -Family Home) and Accessory Structures, and Construct A 250-Unit Apartment Development (200 Market -Rate And 50 Affordable Units) Including a Leasing and Amenity Space, Private Outdoor Recreation Space, Signage, Grading And Landscaping Improvements Located at 2220, 2228 & 2230 Encinitas Boulevard" AMENDED to include:
1. Staff's recommended addition of condition SCB15 as
presented: "SCB15. All outdoor lighting fixtures shall be low to the ground and shall be fully shielded so as to cause all emitted sustained light to be projected below an imaginary horizontal plane passing through the lowest point of the luminary, lamp or light source used in the fixture. The luminary, lamp, or light source shall not be directly visible from any adjoining residential property."; and
2. Modification to Design Review Permit finding #3 explanation as presented by Special Counsel Kautz: "The project does not violate any adopted objective standards for the health, safety, or general welfare of the community. All utilities and services are in place to serve the project."
Motion carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca.
Nays: None. Absent: None.
11. INFORMATIONAL ITEMS
There were no Informational Items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There was no Council Member initiated item.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Mosca reported that San Diego Community Power is the second largest Community Choice Aggregation program in the state.
Mayor Blakespear reported on the San Elijo Bridge Pedestrian Path improvements.
Council Member Hinze provided an update on NCTD's bluff stabilization project in Del Mar.
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
No report was given.
City Clerk Hollywood reported that there is a vacancy on the Mobility and Traffic Safety Comm ission-Oliven hain representative and the deadline for applying is Thursday, June 16, 2022, at 5:00 p.m.
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Mayor Blakespear adjourned the meeting at 9:10 p.m.
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Kathy Hollwoo4',16ty Clerk
By: Pete Weichers,
Deputy City Clerk
Catherine S. Blakespear, Mayor
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