MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 14, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
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 Joe Mosca, Council Members Tony Kranz and Joy Lyndes
Absent: Council Member Kellie Shay Hinze
Also present: City Manager Antil, Assistant City Attorney Porter, City Engineer Bankston, Development Services Director Sapa'u, Senior Planner Maynard, 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
There were no presentations or proclamations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Dick Stern, Chris Calkins, Brian Blair, Stephanie Wheeler, and Glen Johnson spoke regarding Quail Gardens Drive and Saxony Road.
Mark Wilcox spoke regarding the annual dab walk being held at the Rancho Buena Vista Duck Pond on Sunday, September 18.
Jeryl Anne Kessler spoke regarding the Staver housing project on Melba Road.
Scott Campbell spoke regarding various issues.
Mark Miville spoke regarding various issues.
John Bandy spoke regarding the athletic fields at Lake Sports Park.
Kelly McCormick spoke regarding consumer warning labels on cannabis products.
Patricia Escobedo spoke regarding traffic safety and development. 09/14/22 Regular Meeting Page 1 Mtg. #2022- , Bk#38, Page
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Bryan Campbell spoke regarding health and safety issues.
REPORT FROM CLOSED SESSION
Assistant City Attorney Porter reported that regarding the 5:00 p.m. Closed Session meeting, there was no reportable action.
CHANGES TO THE AGENDA
City Clerk Hollywood announced that Item 8K was being removed from the consent calendar by a member of the public.
CONSENT CALENDAR
COUNCIL ACTION:
Mosca moved, Blakespear seconded to close and adopt the Consent Calendar with the exception of Item 8K. 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 Minutes of the August 10, 2022, Regular Meeting, August 17, 2022, Regular Meeting, August 24, 2022, Special Closed Session Meeting, and August 24, 2022, Regular 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. Appointments to the Commission for the Arts, Mobility and Traffic Safety Commission — Leucadia Representative, and Senior Citizen Commission to fill unscheduled vacancies. Contact Person: City Clerk Hollywood Recommended Action: The City Council approve the Mayor's recommendation to appoint Katy Fox to the Commission for the Arts with a term ending March 1, 2024, James Gross to the Mobility and Traffic Safety Commission — Leucadia Representative with a term ending March 1, 2023, and Lord Greene to the Senior Citizen Commission with a term ending 09/14/22 Regular Meeting Page 2 Mtg. #2022- , Bk#38, Page
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March 1, 2024.
8E. Consider the adoption 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 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: Planner Jedynak
Recommended Action: Adopt 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." 8F. Adoption of Resolution 2022-75 Approving Continuing Appropriations from Fiscal Year 2021-22 and Amending the Fiscal Year 2022-23 Operating Budget. Contact Person: Finance Manager Sanderson and Finance Analyst Clisby
Recommended Action: Staff recommends that the City Council adopt Resolution 2022-75 titled, "A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Adopted Budget." 8G. Approval of Plans for Striping Enhancements on Vulcan Avenue between Encinitas Boulevard and La Costa Avenue. Contact Person: Traffic Engineer Bandegan
Recommended Action: 1) Approve the plans for striping enhancements on Vulcan Avenue; and 2) Adopt Resolution No. 2022-94 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Striping Enhancements on Vulcan Avenue between Encinitas Boulevard and La Costa Avenue, pursuant to Government Code Section 830.6."
8H. Award a Construction Contract for the B Street Sewer Main Improvements Project (CE04H). Contact Person: Engineer Edgeworth
Recommended Action: 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 Blue Pacific 09/14/22 Regular Meeting Page 3 Mtg. #2022- , Bk#38, Page
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Engineering and Construction, in the amount of $333,400 plus 20 percent contingency ($66,680) for a total not -to -exceed construction contract amount of $400,080 including any future contract amendments for construction of the B Street Sewer Main Improvements Project (CE04H).
81. Increase the Not -to -Exceed Amount of the Leucadia Streetscape Safety and Mobility Improvements Project Construction Contract (CS22F) with Blue Pacific Engineering and Construction Inc. Contact Person: Director of Engineering Bankston
Recommended Action: Authorize an increase of $125,000 to the construction contract not -to -exceed amount with Blue Pacific Engineering and Construction Inc. for the Leucadia Streetscape Safety and Mobility Improvements Project from $1,308,162 to $1,433,162 including any future contract amendments.
8J. Ratification of emergency purchase of four all -electric replacement vehicles within the City's fleet. Contact Person: Management Analyst Stratakis Recommended Action: Adopt Resolution No. 2022-100, titled "A Resolution of the City Council of the City of Encinitas Ratifying the Emergency Purchase of City Fleet Vehicles."
8L. Approval of Plans and Specifications, and Authorization to Advertise the North Coast Highway 101 Drainage Improvements from Jupiter Street to La Costa Avenue (CD23A). Contact Person: Director of Engineering Bankston Recommended Action: 1) Approve the plans and specifications for the North Coast Highway 101 Drainage Improvements from Jupiter Street to La Costa Avenue project; 2) Authorize the advertisement of the North Coast Highway 101 Drainage Improvements from Jupiter Street to La Costa Avenue project for construction bids; and 3) Adopt Resolution No. 2022-95 titled, "A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the North Coast Highway 101 Drainage Improvements from Jupiter Street to La Costa Avenue Project, pursuant to Government Code Section 830.6."
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8K. Approval of Plans and Specifications, and Authorization to Advertise the Santa Fe Drive Western Phase Corridor Improvements Project (CS19E).
Contact Person: Principal Engineer Widelski
Recommended Action: 1) Approve the plans and specifications for the Santa Fe Drive Western Phase Corridor Improvements Project; 2) Authorize the advertisement of the Santa Fe Drive Western Phase Corridor Improvements Project for construction bids; and 3) Adopt Resolution No. 2022-91 titled, "A Resolution of the City Council of the City of Encinitas 09/14/22 Regular Meeting Page 4 Mtg. 92022- , Bk#38, Page
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Approving the Design and Plans for Construction of the Santa Fe Drive Western Phase Corridor Improvements Project, pursuant to Government Code Section 830.6."
SPEAKER:
Jennifer Hewitson spoke in opposition to the recommended action.
Senior Engineer Widelski responded to questions from the Council.
COUNCIL ACTION:
Mosca moved, Blakespear seconded to: 1) Approve the plans and specifications for the Santa Fe Drive Western Phase Corridor Improvements Project; 2) Authorize the advertisement of the Santa Fe Drive Western Phase Corridor Improvements Project for construction bids; and 3) Adopt Resolution No. 2022-91 titled, ±A Resolution of the City Council of the City of Encinitas Approving the Design and Plans for Construction of the Santa Fe Drive Western Phase Corridor Improvements Project, pursuant to Government Code Section UPMCK Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
10. ACTION ITEMS
10A. Public Hearing to consider two (2) timely -filed appeals of the Planning Commission's denial of a Density Bonus, Design Review Permit, Boundary Adjustment, Minor Use Permit Modification and Coastal Development Permit for the demolition of two (2) existing single-family homes, greenhouses and accessory structures, consolidation of four (4) legal lots into one (1), and construction of a 199-unit apartment development (159 market -rate and 40 low-income affordable units), including a leasing and amenity space, private outdoor recreation space, signage, grading and landscaping improvements. Contact Person: Senior Planner Maynard CASE NUMBER: APPEAL-005568-2022; APPEAL-005572-2022; MULTI- 004609-2021, DR-004610-2021; BADJ-004611-2021, CDPNF-004612- 2021 and USE-005506-2022; APPLICANT: Western National Properties; APPELLANT #1: Western National Properties; APPELLANT #2: Clark Development Action Group (CDAG); LOCATION: 662, 672 & 682 Clark Avenue and 556 Union Street (APNs: 256-171-13, 256-171-14, 256-171- 15, 256-171-20, 256-171-21 and 256-171-24).
Recommended Action: Adopt draft City Council Resolution No. 2022-96 titled, "A Resolution of the City of Encinitas City Council to Approve Appeal 005568-2022 (Western National Properties) Overturning the Planning Commission Determination, Deny Appeal 005572-2022 (Clark Development Action Group), and Approving the Density Bonus, Design Review Permit, Boundary Adjustment, Minor Use Permit Modification and Coastal Development to Demolish Two (2) Existing Single -Family Homes and Accessory Structures, Consolidate Four (4) Existing Lots Into One (1) 09/14/22 Regular Meeting Page 5 Mtg. #2022- , Bk#38, Page
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Lot, and Construct a 199-Unit Apartment Development (159 Market -Rate and 40 Low -Income Affordable Units) Including a Leasing and Amenity Space, Private Outdoor Recreation Space, Signage, Grading and Landscaping Improvements and Temporary Construction Trailer for the Property Located at 662, 672 And 682 Clark Avenue and 556 Union Street. (CASE NOS. MULTI-004609-2021, DR-004610-2021; BADJ-004611-2021, CDPNF-004612-2021& USE-005506-2022 (APPEALS 005568-2022 & 005572-2022); APN: 256-171-13, 256-171-14, 256-171-15, 256-171-20, 256-171-21 & 256-171-24)."
Translator Ana Nava -Colin announced options for the public to participate in Spanish.
Senior Planner Maynard 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 viewed the Planning Commission Meeting recording, spoke with the Applicant regarding the traffic concerns, and had reviewed the letter received from HCD.
Council Member Lyndes reported that she had viewed the Planning Commission recording.
Deputy Mayor Mosca reported that he had no disclosures
Mayor Blakespear reported that she had reviewed the letter received from HCD.
Mayor Blakespear opened the public hearing.
Marco Gonzalez, representing the Appellant/Applicant, Western National Properties, presented an overview of the project and the applicant's appeal.
Craig Sherman, representing the Appellant, Clark Development Action Group (CDAG), presented their appeal.
The Mayor called the meeting into a recess at 7:26 p.m., and reconvened the meeting at 7:36 p.m.
SPEAKERS:
The following speakers spoke in opposition to the project: Amy Bennett, Valerie Sowder, Amy Stastny, Jeryl Anne Kessler, Scott Campbell, Lauren Linhoff, Sanjun Samagh, Bryan Campbell, Jennifer Hewitson, Cynthia Sheya Palmer, Ellyn Hartman, Silvia Pezzoli, Angela Scheibe, Gene 09/14/22 Regular Meeting Page 6 Mtg. #2022- Bk#38, Page
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Chapo, Dennis Kaden, Sheri Armendariz, Dana Pearce, and Craig Campion.
The following speakers registered opposition to the project, but chose not to speak: Christie D, Natalie Settoon, Karen Kaden, Irma Mendez, and Art Armendariz.
Craig Sherman, representing the Appellant, Clark Development Action Group (CDAG), presented their rebuttal.
Marco Gonzalez, representing the Appellant/Applicant, Western National Properties, presented their rebuttal.
Mayor Blakespear closed the public hearing.
Mayor and Council discussed the project and Senior Planner Maynard responded to questions from the Council.
COUNCIL ACTION:
Blakespear moved, Mosca seconded to adopt City Council Resolution No. 2022-96 titled, "A Resolution of the City of Encinitas City Council to Approve Appeal 005568-2022 (Western National Properties) Overturning the Planning Commission Determination, Deny Appeal 005572-2022 (Clark Development Action Group), and Approving the Density Bonus, Design Review Permit, Boundary Adjustment, Minor Use Permit Modification and Coastal Development to Demolish Two (2) Existing Single -Family Homes and Accessory Structures, Consolidate Four (4) Existing Lots Into One (1) Lot, and Construct a 199-Unit Apartment Development (159 Market -Rate and 40 Low - Income Affordable Units) Including a Leasing and Amenity Space, Private Outdoor Recreation Space, Signage, Grading and
Landscaping Improvements and Temporary Construction Trailer for the Property Located at 662, 672 And 682 Clark Avenue and 556 Union Street, (CASE NOS. MULTI-004609-2021, DR-004610-2021; BADJ- 004611-2021, CDPNF-004612-2021 & USE-005506-2022 (APPEALS 005568-2022 & 005572-2022); APN: 256-171-13, 256-171-14, 256-171- 15, 256-171-20, 256-171-21 & 256-171-24)" amended to include an additional condition of approval requiring the use of Tier 4 with DPF construction equipment. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
11. INFORMATIONAL ITEMS
There were no informational items.
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12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council Member Initiated Item from Council Member Kranz and Deputy Mayor Mosca regarding City staff support for a citizen committee exploring a July 4t" community celebration in the community of New Encinitas.
Contact Persons: Deputy Mayor Mosca and Council Member Kranz Recommended Action: City Council direction to have staff to work with a citizen committee to prepare a Major Special Event Permit application.
While the desire would be for the City Council to consider the permit application as a special case for an event on July 4, 2023, that decision cannot be made without first seeing the details of the event through the permit application for such an event.
COUNCIL ACTION:
Kranz moved, Mosca seconded to direct staff to work with a citizen committee to prepare a Major Special Event Permit application for a summer 2023 celebration event. Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Absent: Hinze. Nays: None.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) i POSSIBLE DIRECTION TO STAFF
Mayor Blakespear provided an update on SANDAG's Regional Transportation Plan that was submitted to the California Air Resources Board.
14. CITY MANAGER REPORTS
No report was given.
15. CITY ATTORNEY REPORTS
No report was given.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 9:34 p.m.
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I°
Kathy Hollywood, City Clerk
By: Pete Weichers,
Deputy City Clerk
Catherine S. Blakespear, Mayor
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