MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
AUGUST 10, 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 Tony Kranz, and Joy Lyndes
Absent: Council Member Kellie Shay Hinze
Also present: City Attorney Preziosi, Assistant City Manager Campbell, City Engineer Bankston, Development Services Director Sapa'u, Planning Manager Colamussi, 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
4A. Presentation of the Senior Awards Program: Senior Citizen of the Year and Lifetime Achievement Award
Mayor Blakespear presented the Senior Citizen of the Year Award to Mary Ann Jones, her family, and the Lifetime Achievement Award to the family of Edgar Engert.
4B. Presentation by Angela Kemsley and Calla Allison with Wildcoast regarding the Marine Protected Area Compliance Updates.
Angela Kemsley and Calla Allison from Wildcoast presented an update on Marine Protected Area Compliance.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mark Miville spoke regarding various issues in the City.
Peggy Walker spoke regarding banning tobacco in public spaces.
Scott Campbell spoke regarding development and traffic improvements.
Dolores Welty spoke regarding the regional RHNA housing needs. 08/10/22 Regular Meeting Page 1 Mtg. 92022- , Bk#38, Page
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Becky Rapp spoke regarding banning tobacco in public spaces.
Mike Johnson spoke regarding his organization SDMUST.
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 August 10, 2022, at 5:00 p.m. to consider four items and there were no reportable actions.
CHANGES TO THE AGENDA
City Clerk Hollywood announced that Item 10E was being removed from the agenda and Item 8J was being removed from the agenda by a member of the public.
CONSENT CALENDAR
COUNCIL ACTION:
Mosca moved, Lyndes seconded to close and adopt the Consent Calendar with the exception of Consent Calendar Item 8J. Motion Carried. Ayes:
Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze Nays: None. 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 June 8, 2022, Regular Meeting, June 15, 2022, Regular Meeting, June 15, 2022, Special Closed Session Meeting, June 22, 2022, Regular Meeting, and June 29, 2022, Special Meeting.
Contact Person: City Clerk Hollywood
Recommended Action: Approve the Minutes.
8C. 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.
8D. Appointment to the Urban Forest Advisory Committee (UFAC) to fill one vacancy. Contact Person: City Clerk Hollywood
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Recommended Action: The City Council approve the Mayor's recommendation to appoint Christina Simokat to the UFAC to fill one vacancy.
8E. Appointment to the Mobility and Traffic Safety Commission — Olivenhain Representative to fill one unscheduled vacancy with a term ending March 1, 2024. Contact Person: City Clerk Hollywood
Recommended Action: The City Council approve the Mayor's recommendation to appoint Harold Standerfer to the Mobility and Public Safety Commission — Olivenhain representative with a term ending March 1, 2024.
8F. Authorization to procure Dell and/or Hewlett Packard (HP) computer hardware. Contact Person: IT Operations Supervisor O'Connor Recommended Action: Authorize the procurement of Dell and/or HP computer hardware in an amount of $109,710 in FY 2022-23 using the NASPO ValuePoint (MNWNC-108) California Participating Addendum No 7-15-70-34-003 contract pricing for Dell and the General Services Administration (GSA) contract GS-35F-025DA for HP; and 2) Authorize participation in the NASPO Valuepoint (MNWNC-108) California Participating Addendum No 7-15-70-34-003 and GSA GS-35F-025DA in a total amount not to exceed $109,710 in FY 2022-23.
8G. Environmental Systems Research Institute (ESRI) Enterprise License Agreement (ELA) for GIS software and applications. Contact person: GIS Administrator Highland
Recommended Action: Authorize the City Manager, or designee, in coordination with the City Attorney, to execute the three-year ESRI Enterprise License Agreement for GIS software and applications, in the not to exceed amount of $58,000 for each year of the life of the agreement, totaling $174,000 for three years, allowing for continuity of service with ESRI.
8H. Authorization to procure Cisco networking and phone equipment. Contact Person: IT Operations Supervisor O'Connor
Recommended Action: Authorize the procurement of Cisco hardware and annual support renewals in an amount of $152,000 in FY 2022-23, using CMAS - GSA (GS-35F-0511T) Schedule 70 contract pricing.
81. Authorization to renew Hewlett Packard (HP) server support and maintenance on existing hardware. Contact Person: IT Operations Supervisor O'Connor
Recommended Action: Authorize the HP server support and maintenance 08/10/22 Regular Meeting Page 3 Mtg. #2022- , Bk#38, Page
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renewals in an amount of $41,781 in FY 2022-23 using NASPO ValuePoint (MNNVP-134) California Participating Addendum No 7-15-70-34-002 contract pricing.
8K. Approval of the Local Roadway Safety Plan (LRSP). Contact Person:
Traffic Engineer Bandegan
Recommended Action: Approve the Local Roadway Safety Plan. 8L. Acceptance of the Leucadia Streetscape Project Segment A North from Marcheta Street to Basil Street (CS04D). Contact Person: Director of Engineering/City Engineer Bankston
Recommended Action: 1) Authorize the filing of the Notice of Completion for the subject project; 2) Authorize the release of the payment bond in full upon the recording of the Notice of Completion; 3) Authorize the release of the performance bond in full one (1) year after the recording of the Notice of Completion; and 4) Adopt City Council Resolution No. 2022-87, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Leucadia Streetscape Segment A North Project from Marcheta Street to Basil Street" accepting the public improvements for the Leucadia Streetscape Segment A North Project from Marcheta Street to Basil Street as complete to the satisfaction of the City.
8M. Off -cycle Fiscal Year 2022-23 Budget Appropriation for Equipment Replacement Fund and Authorization to Purchase Fleet Equipment.
Contact Person: Management Analyst Stratakis
Recommended Action: 1) Adopt Resolution Number 2022-88, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" approving an off -cycle appropriation to the Fiscal Year 2022-23 operating budget for the Fleet Equipment Replacement Fund (Fund 623), 2) Authorize the purchase of a new dump truck in accordance with the attached quote, for an amount of $189,119, plus a 10 percent contingency of $18,912, for a total amount not to exceed $208,031; and 3) Authorize the purchase of a new utility task vehicle (UTV) and outfit in accordance with the attached quote, for an amount of $31,830, plus a 10 percent contingency of $3,183, for a total amount not to exceed $35,013. 8N. Appointment of an Authorized Representative from the City of Encinitas to execute Master and Supplemental Agreements with the State of California Department of Transportation for grant funded projects. Contact Person..
Sr. Management Analyst Ruess
Recommended Action: Adopt City Council Resolution 2022-86 titled "A Resolution of the City of Encinitas City Council Approving the Appointment of an Authorized Representative", appointing the Director of Engineering, or his/her designee, as the authorized representative for the City of Encinitas 08/10/22 Regular Meeting Page 4 Mtg. #2022- , Bk#38, Page
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to execute Master and Supplemental Agreements with the State of California Department of Transportation for grant -funded projects.
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8J. Designation of a voting delegate for the League of California Cities (LCC) Annual Conference, September 7 — 9, 2022. Contact Person: Executive Assistant Blease
Recommended Action: City Council adopt Resolution 2022-84, titled "A Resolution of the City Council of the City of Encinitas designating Council Member Lyndes as the City's voting delegate at the League of California Cities annual conference to be held September 7-9, 2022." SPEAKER:
Scott Campbell spoke regarding the Resolution.
COUNCIL ACTION:
Mosca moved, Kranz seconded to adopt Resolution 2022-84, titled ±A Resolution of the City Council of the City of Encinitas designating Council Member Lyndes as the City-s voting delegate at the League of California Cities annual conference to be held September 7-VI=ClVD3C=amended to reflect Long Beach and not Sacrament. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze Nays: None.
10. ACTION ITEMS
10A. Public Hearing to consider an appeal of the Planning Commission's approval of a Density Bonus, Design Review Permit, Boundary Adjustment and Coastal Development Permit for the demolition of four (4) existing commercial structures and parking areas, and construction of a multi -family residential and mixed -use development consisting of 94 residential apartments (75 market rate and 19 low income units) within four residential podium buildings, a two -level underground parking structure, four (4) mixed - use (residential and commercial) buildings, two (2) commercial buildings, a 34-room hotel with eight (8) economy/affordable rooms, private amenity and common open space, grading, streetscape and landscaping improvements, and two (2) temporary construction trailers. Contact Person: Planning Manager Colamussi
CASE NUMBER: MULTI-003780-2020, BADJ-003787-2020, CDP-003788- 2020, DR-003786-2020; APPLICANT: Encinitas Beach Land Venture I, LLC, Lawrence Jackel; APPELLANT: Friends of Seabluffe c/o Delano & DeLano; LOCATION: 1900 and 1950 North Coast Highway 101 (APNs:
216-041-20, -21 and -06).
Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2021-93, titled "A Resolution of the City of Encinitas City 08/10/22 Regular Meeting Page 5 Mtg. #2022- , Bk#38, Page
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Council denying an appeal and affirming the Planning Commission's decision on June 16, 2022 Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, and making the required CEQA Findings including Findings of Overriding Considerations and the General Plan overriding public need findings and Approving a Density Bonus, Design Review Permit, Boundary Adjustment and Coastal Development Permit to demolish all existing commercial structures and parking areas and construct 94 residential units, an underground parking structure, four (4) mixed -use commercial buildings, two (2) commercial buildings, a 34-room hotel, grading/site/landscaping improvements, and two (2) temporary construction trailers located at 1900 &1950 North Coast Highway 101. (CASE NOS. MULTI-003780-2020, BADJ-003787-2020, CDP-003788-2020, DR-003786-2020; APNs: 216- 041-20, -21 & -06)."
Planning Manager Colamussi presented the agenda report and responded to preliminary questions from the Council.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Kranz reported that he had no disclosures.
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.
Tom Alper, representing Friends of Sea Bluffe and Isabela Rodriguez from Delano and Delano, appellants presented their appeal.
Larry Jackel applicant and Marco Gonzalez, Coast Law Group representing the applicant presented an overview of the project.
SPEAKERS:
The following speakers spoke in opposition to the recommended action:
Dr. Giorgio Curti, Alan Marcher, Dolores Welty, and Scott Campbell.
The following speakers spoke in support of the recommended action:
Kevin Cox, Delores Loedel, Dianna Nunez, Betsy Long, Will Creagan, Tammy Temple, Greg Drakos, and Keith Pittsford.
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The following speakers registered opposition to the recommended action, but chose not to speak: Delilah Whitman, Desiree Morales Whitman, Destinee Morales, Angelina Gutierrez, Dennis Kaden, and Patrick Lawing.
Marco Gonzalez, Coast Law Group representing the applicant presented their rebuttal.
Isabela Rodriguez from DeLano and Delano representing the appellant Friends of Sea Bluffe and Tom Alper representing Friends of Sea Bluffe presented their rebuttal.
Bob Stark from Michael Baker International, project consultant responded to questions regarding the AB 52 process.
Dr. Giorgio Curti representing the San Pasqual Band of Mission Indians responded to questions regarding the AB 52 process and tribal protocols.
Marco Gonzalez, Coast Law Group representing the applicant responded to questions regarding AB 52, and the appeal process.
Mayor Blakespear closed the public hearing.
Mayor and Council discussed the project.
Planning Manager Colamussi responded to questions from the Council.
COUNCIL ACTION:
Mosca moved, Blakespear seconded to Deny the appeal and adopt draft City Council Resolution No. 2022-89, titled "A Resolution of the City of Encinitas City Council denying an appeal and affirming the Planning Commission's decision on June 16, 2022 Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, and making the required CEQA Findings including Findings of Overriding Considerations and the General Plan overriding public need findings and Approving a Density Bonus, Design Review Permit, Boundary Adjustment and Coastal
Development Permit to demolish all existing commercial structures and parking areas and construct 94 residential units, an underground parking structure, four (4) mixed -use commercial buildings, two (2) commercial buildings, a 34-room hotel, grading/site/landscaping improvements, and two (2) temporary construction trailers located at 1900 &1950 North Coast Highway 101. Motion Carried. Ayes:
Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
The Mayor called the meeting into a recess at 8:49 p.m. and reconvened the meeting at 9:00 P.M.
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10B. Public hearing to consider introductions of City Council Ordinance No. 2022-06 to amend Title 1, Title 2, Title 6, Title 9, and Title 23 (Chapter 23.40) and City Council Ordinance No. 2022-07 to amend Chapter 23.08 (Design Review), Title 24 and Title 30 of the Encinitas Municipal Code and the Local Coastal Program to adjust the local appeal period timelines to be 10 calendar days. Contact Person: Planner IV Dacey
Recommended Action: 1) Introduce City Council Ordinance No. 2022-06 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 1 (Chapter 1.12), Title 2 (Chapters 2.28 & 2.37), Title 9 (Chapters 9.27 & 9.75), Title 11 (Chapter 11.12), Title 18 (Chapter 18.08), and Title 23 (Chapter 23.40) of the Encinitas Municipal Code Pertaining to the Local Appeal Period Timelines"; and 2) Introduce City Council Ordinance No. 2022-07 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 23 (Chapter 23.08), Title 24 (Chapters 24.01, 24.48, 24.50, 24.54, 24.60, 24.70 & 24.74) and Title 30 (Chapters 30.01, 30.16, 30.33, 30.48, 30.74, 30.80 & 30.86) of the Encinitas Municipal Code and Local Coastal Program Pertaining to the Local Appeal Period Timelines."
Planning Manager Gates presented the agenda report.
COUNCIL ACTION:
Lyndes moved, Mosca seconded to 1) Introduce City Council Ordinance No. 2022-06 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 1 (Chapter 1.12), Title 2 (Chapters 2.28 & 2.37), Title 9 (Chapters 9.27 & 9.75), Title 11 (Chapter
11.12), Title 18 (Chapter 18.08), and Title 23 (Chapter 23.40) of the Encinitas Municipal Code Pertaining to the Local Appeal Period Timelines"; and 2) Introduce City Council Ordinance No. 2022-07 titled "An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 23 (Chapter 23.08), Title 24 (Chapters 24.01, 24.48,
24.50, 24.54, 24.60, 24.70 & 24.74) and Title 30 (Chapters 30.01, 30.16,
30.33, 30.48, 30.74, 30.80 & 30.86) of the Encinitas Municipal Code and Local Coastal Program Pertaining to the Local Appeal Period Timelines." Motion Carried. Ayes: Blakespear, Lyndes, Mosca.
Absent: Hinze. Nays: Kranz.
10C. Consideration of introduction of Ordinance 2022-10 amending Encinitas Municipal Code (EMC) Section 2.12.060(C) Conflict of Interest Code.
Contact Person City Clerk Hollywood
Recommended Action: Introduce Ordinance 2022-10 titled, "An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.12.060(C) Regarding Conflict of Interest Filers." 08/10/22 Regular Meeting Page 8 Mtg. #2022- , Bk#38, Page
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COUNCIL ACTION:
Blakespear moved, Lyndes seconded to Introduce Ordinance 2022-10 titled, "An Ordinance of the City of Encinitas Municipal Code (EMC) Section 2.12.060(C) Regarding Conflict of Interest Filers." Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze.
Nays: None.
10D. Consideration of introduction of Ordinance 2022-09 amending Encinitas Municipal Code Chapter 2.30 "Terms and Term Limits", Section 2.30.020 (D), regarding appointments to commissions. Contact Person: City Clerk Hollywood
Recommended Action: Introduce Ordinance 2022-09 titled "An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.30.020 (D) Regarding Appointments to Commissions." City Clerk Hollywood presented the agenda report.
SPEAKER:
Scott Campbell spoke in opposition to the recommended action.
COUNCIL ACTION:
Blakespear moved, Mosca seconded to Introduce Ordinance 2022-09 titled, "An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.30.020 (D) Regarding Appointments to Commissions." Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
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City Clerk Hollywood announced that this item was removed from the agenda.
11. INFORMATIONAL ITEMS
There were no informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There was no Council Member initiated item.
08/10/22 Regular Meeting Page 9 Mtg. #2022- , Bk#38, Page City Clerk Hollywood announced that this item was removed from the agenda.
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
Mayor Blakespear reported regarding the ribbon cutting ceremony at the El Portal Undercrossing on Sunday August 14cn
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported regarding the impartial analysis of the Cannabis Business Tax on the November 8, 2022, General Election.
City Clerk Hollywood reported that there are vacancies on the following Commissions: Commission for the Arts, Senior Commission, Mobility and Safety Commission-Leucadia Representative and the deadline is August 18, 2022, at 5 p.m.
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Council Member Kranz adjourned the meeting in honor of Mary Lindsay, Lloyd Crutchfield, Ken Harrison, and Charlie Sougias at 9:25 p.m.
Kathy Hollywood, City Clerk
By: Pete Weichers,
Deputy City Clerk
Catherine S. Blakespear, Mayor
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