0 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING AUGUST 24, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:00 p.m.
2. ROLL CALL
3 4.
5. 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, Planner IV Mireau, City Clerk Hollywood, and Deputy City Clerk Weichers
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no presentations or proclamations.
ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Ellen Burr spoke regarding proposed bike legislation that was removed from previous City Council agenda.
Scott Campbell spoke regarding the Leucadia Streetscape project.
Chandra Slaven spoke regarding the California Coastal Commission and the Beacon's Beach Emergency project.
Mark Wilcox spoke regarding a ban on flavored marijuana products.
Mark Miville spoke regarding incidents on the 101.
Peggy Walker spoke regarding support for SB 1097.
Dolores Welty spoke regarding State housing laws.
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6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session on August 24, 2022, at 5:00 p.m., to consider one item and there was no reportable action.
7. CHANGES TO THE AGENDA
City Clerk Hollywood announced that Items 8A and 8F were being removed from the consent calendar by members of the public, and Item 8K was being removed from the agenda by staff.
Council Member Lyndes spoke in support of Item 81.
Mayor Blakespear spoke regarding a protected bike lane on Manchester Avenue.
Mayor Blakespear spoke in support of Item 80.
8. CONSENT CALENDAR
COUNCIL ACTION:
Lyndes moved, Mosca seconded to close and adopt the Consent Calendar with the exception of Items 8A, 8F, and 8K. Motion Carried. Ayes:
Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None. 8B. Approval of the Minutes of the August 10, 2022, Joint Special Closed Session Meeting of the City Council and SDWD. 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. Consideration of adoption 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: Adopt Ordinance 2022-10 entitled, "An Ordinance of the City of Encinitas, California, Amending Encinitas Municipal Code Section 2.12.060(C) Regarding Conflict of Interest Filers." 8E. Consideration of adoption 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
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Recommended Action: Adopt 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." 8G. Design Services Agreement with Michael Baker International for Design of North Coast Highway 101 Drainage Improvements from Jupiter Street to La Costa Avenue (CD23A). Contact Person: City Engineer Bankston Recommended Action: 1) Authorize the City Manager to execute an agreement in substantial form, and any necessary amendments and time extensions, in consultation with the City Attorney, with Michael Baker International in the amount of $263,830 plus a 20 percent contingency of $52,766 for a total contract amount not -to -exceed $316,596 to prepare final design plans for the North Coast Highway 101 Drainage Improvements project between Jupiter Street and La Costa Avenue; and 2) Adopt Resolution No. 2022-77, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" to appropriate $356,171 for the design of the North Coast Highway 101 Drainage Improvements project (CD23A).
8H. Award a Construction Contract for the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A). Contact Person: Engineer Edgeworth
Recommended Action: 1) Authorize the City Manager, or designee, to execute a contract in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Eagle Paving Company Inc., in the amount of $1,570,000 plus 20 percent contingency ($314,000) for a total not -to -exceed construction contract amount of $1,884,000 including any future contract amendments for construction of the FY 2021-22 Pavement Rehabilitation Overlay and Slurry Seal Project (CS22A); and 2) Adopt City Council Resolution No. 2022-56, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget" (CS22A).
SPEAKER:
Mark Miville clarified (under Item 8A) that he pulled Item 8H and spoke regarding the item.
81. Agreement with Olivenhain Municipal Water District (OMWD) for Cost Sharing the Resurfacing of Manchester Avenue and South El Camino Real.
Contact Person: Engineer Edgeworth
Recommended Action: 1) Authorize the City Manager, in consultation with the City Attorney, to execute an agreement in substantial form for cost sharing the resurfacing of Manchester Avenue and South El Camino Real; and 2) Adopt Resolution No. 2022-46 titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget" 08/24/22 Regular Meeting Page 3 Mtg. #2022- , Bk#38, Page
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to appropriate $106,034 of Olivenhain Municipal Water District shared costs to the FY 2022-23 Annual Street Overlay Project (CS23A)." 8J. Memorandum of Understanding between the City of Encinitas and North County Transit District regarding the North County Coastal Bikeshare Pilot Program. Contact Person: Sustainability Manager Najera
Recommended Action: It is recommended that the City Council authorize the City Manager, or designee, of the City of Encinitas ("City") to enter into a Memorandum of Understanding (MOU) with the North County Transit District ("NCTD") to continue to collaborate on the implementation of the pilot bikeshare program.
City Clerk Hollywood announced that this item was removed from the agenda by staff and would be placed on a future agenda. 8L. 2021 State Homeland Security Program Grant in the amount of $37,546 for the Purchase of a Thermal Imaging Camera and the Installation of an Electronic Security Gate at Fire Station #3; and Proposed Off -cycle Fiscal Year 2022-23 Budget Amendment. Contact Person: Senior Management Analyst Jimenez
Recommended Action: 1) Accept $37,546 in federal funds from a 2021 State Homeland Security Program (SHSP) grant awarded to the City of Encinitas for the purchase of a thermal imaging camera and the installation of an electronic security gate at Fire Station #3; 2) Authorize the Fire Chief, or his designee, to sign and submit the required California Governor's Office of Emergency Services Fiscal Year 2021 Standard Assurances for Cal OES Federal Non -Disaster Grant Programs; and 3) Adopt Resolution Number 2022-34, titled "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget."
8M. Second reading and adoption of City Council Ordinance No. 2022-06 to amend Title 1, Title 2, Title 6, Title 9, and Title 23 (Chapter 23.40) of the Encinitas Municipal Code 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 08/24/22 Regular Meeting Page 4 Mtg. #2022- , Bk#38, Page
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Recommended Action: 1) Adopt 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) Adopt 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."
8N. Adoption of the City of Encinitas Resolution No. 2022-90, approving position titles and pay ranges for the City of Encinitas for Fiscal Year 2022-23.
Contact Person: Human Resource Specialist Alvarez
Recommended Action: Staff recommends that the City Council adopt Resolution 2022-90 titled, "A Resolution of the City of Encinitas City Council Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2022-2023."
80. Approval of Plans and Specifications, and Authorization to Advertise Phase II of the South Coast Highway 101 Cycle Track Project. Contact Person:
Traffic Engineer Bandegan
Recommended Action: 1) Approve the plans and specifications for the South Coast Highway 101 Cycle Track Project between K St and Chesterfield Dr.; 2) Authorize the advertisement of the South Coast Highway 101 Cycle Track Project between K St and Chesterfield Dr for construction bids; and 3) Adopt Resolution No. 2022-71 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the South Coast Highway 101 Cycle Track Project Phase II, pursuant to Government Code Section 830.6."
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
Recommended Action: Approve.
SPEAKER. -
Mark Miville clarified that he pulled Item 8H and spoke regarding the item. 08/24/22 Regular Meeting Page 5 Mtg. #2022- , Bk#38, Page
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COUNCIL ACTION:
Blakespear moved, Mosca seconded to approve waiving the full reading of the text of all ordinances and resolutions
introduced/adopted at this meeting. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
8F. Approve Plans and Specifications, and Authorization to Advertise the Leucadia Streetscape Segment C West Side Improvements project (CS23D). Contact Person: Engineer Bankston
Recommended Action: 1) Approve the plans and specifications for the Leucadia Streetscape Segment C West Side Improvements project; 2) Authorize the advertisement of the Leucadia Streetscape Segment C West Side Improvements project for construction bids; and 3) Adopt Resolution No. 2022-25 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Leucadia Streetscape Segment C West Side Improvements Project, pursuant to Government Code Section 830.6."
SPEAKERS:
Dolores Welty spoke regarding parking limitations near the project Kevin Doyle spoke in support of the project.
COUNCIL ACTION:
Kranzmoved, Blakespear seconded to: 1) Approve the plans and specifications for the Leucadia Streetscape Segment C West Side Improvements project; 2) Authorize the advertisement of the Leucadia Streetscape Segment C West Side Improvements project for construction bids; and 3) Adopt Resolution No. 2022-25 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Leucadia Streetscape Segment C West Side Improvements Project, pursuant to Government Code Section 830.6." Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
10. ACTION ITEMS
10A. Public hearing to consider a timely appeal filed by Matthew Gordon on July 12, 2022 (Case No. APPEAL-005515-2022) of the Planning Commission's approval of a Major Use Permit and Coastal Development Permit (MULTI- 005151-2022; USE-005152-2022; CDP-005153-2020) to allow the installation of monitoring equipment on the bluff face at Beacon's Beach and temporary construction parking located at 948 Neptune Avenue (APN: 254- 040-31). APPELLANT: Matthew Gordan. APPLICANT: UCSD Scripps Institute of Oceanography (SIO). Contact Person: Planner IV Mireau 08/24/22 Regular Meeting Page 6 Mtg. 42022- , Bk#38, Page
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Recommended Action: Adopt Resolution No. 2022-83 denying the appeal and affirming the Planning Commission's decision approving a Major Use Permit and Coastal Development Permit to allow the installation of monitoring equipment on the bluff face at Beacon's Beach and temporary construction parking located at 948 Neptune Avenue, based on the findings contained within Planning Commission Resolution No. PC 2022-10.
Planner IV Mireau 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 met with the applicant.
Mayor Blakespear reported that she had no disclosures.
Mayor Blakespear opened the public hearing.
Matthew Gordon, Appellant, was not present at the meeting.
Adam Young, Scripps Institute of Oceanography, representing the applicant, responded to questions from the Council.
Mayor Blakespear closed the public hearing.
Planner IV Mireau responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Blakespear seconded to adopt Resolution No. 2022-83 denying the appeal and affirming the Planning Commission's decision approving a Major Use Permit and Coastal Development Permit to allow the installation of monitoring equipment on the bluff face at Beacon's Beach and temporary construction parking located at 948 Neptune Avenue, based on the findings contained within Planning Commission Resolution No. PC 2022-10. Motion Carried. Ayes:
Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None. 10B. Public hearing to consider the introduction of City Council Ordinance No. 2022-11 to adopt modifications approved by the California Coastal Commission to City Council Ordinance No. 2020-10 and Ordinance No. 2022-03, which amended the Zoning Code and Local Coastal Program (LCP) to modify the regulations and requirements for accessory dwelling 08/24/22 Regular Meeting Page 7 Mtg. #2022- , Bk#38, Page
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units (ADUs) and junior accessory dwelling units (JADUs) consistent with recent changes in state law (with the exception of the provisions regarding replacement parking). The modification addresses when a coastal development permit (CDP) is required for the construction of a new ADU/JADU. Contact Person: Associate Planner Jedynak
Recommended Action: Introduce City Council Ordinance No. 2022-11 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 and Ordinance No. 2022-03, Amending Encinitas Municipal Code Section 30.48.040 (Accessory Use Regulations) of Title 30 (Zoning) to Address When a Coastal Development Permit (CDP) is Required for the Construction of a New Accessory Dwelling Unit/Junior Accessory Dwelling Unit." Associate Planner Jedynak and Planning Manager Gates presented the agenda report and responded to questions from the Council.
COUNCIL ACTION:
Kranz 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.
11. INFORMATIONAL ITEMS
There were no informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council initiated item from Councilmember Lyndes regarding modifying our Community Grant application to include consideration of equity.
Recommended Action: Approve modifying the Community Grant application and selection criteria to include consideration of equity. 08/24/22 Regular Meeting Page 8 Mtg. #2022- , Bk#38, Page
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COUNCIL ACTION:
Lyndes moved, Blakespear seconded to approve modifying the Community Grant application and selection criteria to include consideration of equity. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
12B. Council initiated item from Mayor Blakespear & Councilmember Lyndes regarding Action for Spent Fuel Solutions Now Resolution, supporting solutions for the permanent relocation of spent nuclear fuel from our coastline to a federally licensed facility.
Recommended Action: 1) City Council approve attached Resolution 2022-92, titled "A Resolution of the City Council of the City of Encinitas in Support of the Solutions for the Permanent Relocation of Spent Nuclear Fuel from our Coastline to a Federally Licensed Facility;" and 2) Direct the Encinitas City Manager to draft a letter for the Mayor's signature to the United States Secretary of Energy urging the prompt removal and relocation of the spent nuclear fuel currently stored at the decommissioned San Onofre Generating Station and to provide copies to Encinitas's federal legislative representatives, the Governor of California, the state legislative delegation, the Nuclear Regulatory Commission, the California Energy Commission and all other appropriate agencies or entities. In addition, today's action will direct the City Manager to add to the City's legislative program support for legislation that would remove and relocate the spent fuel outside of the San Diego region.
COUNCIL ACTION:
Lyndes moved, Blakespear seconded to: 1) Adopt Resolution 2022-92, titled "A Resolution of the City Council of the City of Encinitas in Support of the Solutions for the Permanent Relocation of Spent Nuclear Fuel from our Coastline to a Federally Licensed Facility;" and 2) Direct the Encinitas City Manager to draft a letter for the Mayor's signature to the United States Secretary of Energy urging the prompt removal and relocation of the spent nuclear fuel currently stored at the decommissioned San Onofre Generating Station and to provide copies to Encinitas's federal legislative representatives, the Governor of California, the state legislative delegation, the Nuclear Regulatory Commission, the California Energy Commission and all other appropriate agencies or entities. In addition, today's action will direct the City Manager to add to the City's legislative program support for legislation that would remove and relocate the spent fuel outside of the San Diego region. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Lyndes and Deputy Mayor Mosca reported on the Lake Hodges Dam emergency repair project.
Deputy Mayor Mosca congratulated the Council, City Staff, and the public on the opening of Trail 95.
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
City Attorney Preziosi reported on the Governor signing SB 100 and its impact on the Brown Act.
City Clerk Hollywood reported that the nomination period for the November 8, 2022, General Election had closed, and that updated election information is available on the City's website.
Mayor Blakespear, in response to a question from Council Member Kranz, reported on SANDAG's Regional Transportation Plan that was submitted to the California Air Resources Board.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 7:25 p.m.
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Kathy Hollywood, City Clerk
By: Pete Weichers,
Deputy City Clerk
Catherine S. Blakespear, Mayor
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