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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
NOVEMBER 9, 2022, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Blakespear called the meeting to order at 6:02 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: City Manager Antil, City Attorney Preziosi, Senior Planner Dacey, Development Services Director Sapa’u, Traffic Engineer
Bandegan, Director of Engineering Bankston, Director of Public Works Mabry, Public Works Superintendent Ugrob, Deputy City Clerk Weichers, and Program Coordinator Rapp
There being a quorum present, the meeting was in order.
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mark Wilcox spoke regarding marijuana businesses.
Terri Skelly and Peggy Walker spoke regarding youth marijuana and tobacco use.
6. REPORT FROM CLOSED SESSION
There was no Closed Session.
7. CHANGES TO THE AGENDA
Deputy City Clerk Weichers announced that Item 10A was removed from the agenda and only appears on the agenda because it was legally noticed.
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8. CONSENT CALENDAR
COUNCIL ACTION:
Hinze moved, Mosca seconded to close and adopt the Consent Calendar Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent:
None. 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 October 19, 2022, Regular Meeting and the October 26, 2022, Special Closed Session 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. Consider the adoption of City Council Ordinance No. 2022-17 to add new Chapter 30.18 (Two-Unit Development and Urban Lot Split Regulations) to Title 30 (Zoning) for new development and design standards for urban lot splits and two-unit residential development in single-family zones as allowed under Senate Bill 9 (“SB9”) and amend Section 6.05 of the Encinitas Ranch Specific Plan, and the Local Coastal Program. Contact Person: Development Services Director Sapa’u
Environmental Considerations: This Ordinance is exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Further, Section 15301 exempts from environmental review the addition of up to 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the City’s General Plan. All of Encinitas single-family residential areas eligible for SB9 approval meet these two (2) criteria, and it is anticipated that each project undertaken pursuant to SB9 will not add more than 10,000 square feet of new development.
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Recommended Action: Adopt City Council Ordinance No. 2022-17 titled “An Ordinance of the City Council of the City of Encinitas Adding a New Chapter 30.18 (Two Unit Development and Urban Lot Split Regulations) to Title 30 of the Encinitas Municipal Code and Amending Section 6.05 of the Encinitas Ranch Specific Plan, thereby amending the Implementation Plan of the Local Coastal Program Pertaining to Senate Bill 9 Implementation Regulations.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed from the Consent Calendar.
10. ACTION ITEMS
10A. Public hearing to consider the adoption of City Council Ordinance No. 2022- 19 to consider approval of a one-year extension of Urgency Ordinance No. 2021-25 pertaining to development regulations for urban lot splits and two- unit residential development in single family zones as allowed under Senate Bill 9 (“SB9”). CASE NUMBER: PLCY-005101-2022 (SB 9 Interim Ordinance); APPLICANT: City of Encinitas; LOCATION: City-wide; ENVIRONMENTAL STATUS: This Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Further, CEQA Guidelines Section 15301 exempts from environmental review the addition of up to 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the City’s General Plan. Contact Person: Development Services Director Sapa’u
This Item has been removed from the agenda and only appears because it was legally noticed.
10B. Proposed Amendment to the City Manager’s Employment Agreement, effective, October 12, 2022. Contact Person: Mayor Blakespear Recommended Action: 1) Consider approval of Resolution 2022-111 Amendment No. 2 to the City Manager’s Employment Agreement and authorize the Mayor to execute the amendment to the Employment Agreement, effective October 12, 2022; and 2) Consider approval of Resolution 2022-112 approving and adopting the City Manager Pay Schedule in the amount of $265,200.
Mayor Blakespear presented this item.
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COUNCIL ACTION:
Blakespear moved, Mosca seconded to: 1) Approve Resolution 2022- 111 Amendment No. 2 to the City Manager’s Employment Agreement and authorize the Mayor to execute the amendment to the Employment Agreement, effective October 12, 2022; and 2) Approve Resolution 2022-112 approving and adopting the City Manager Pay Schedule in the amount of $265,200. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
10C. Public hearing to consider introductions of City Council Ordinance No. 2022-15 to amend Chapter 9.38 (Regulating Short-term Rentals) of the Encinitas Municipal Code and Ordinance No. 2022-16 to amend Chapter
30.04 (Definitions), and 30.09 (Zoning Use Matrix) and adding a new Chapter 30.50 titled “Short-term Rental” to Title 30 (Zoning) of the Encinitas Municipal Code, amending Section 6.05 of the Encinitas Ranch Specific Plan, and amending Section 3.2.5.A Zoning Use Table of the Cardiff-By- The-Sea Specific Plan. The amendments to Title 30, and the referenced specific plans would also amend the City’s Local Coastal Program as part of this application. Contact Person: Senior Planner Dacey Environmental Considerations: The proposed amendments to the EMC and LCP are exempt from the environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment and pursuant to CEQA Section 15378(b)(5), which exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the amendments to the Municipal Code and local coastal program regard local administrative procedure updates. Further, this project is categorically exempt pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), in that the short-term rental Municipal Code amendments relate to the licensing, permitting, and operation of a short-term rental within an existing private structure that involves negligible or no expansion of use.
RECOMMENDED ACTION: 1) Introduce City Council Ordinance No. 2022- 15 titled “An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 9 (Chapter 9.38) and to rename the Chapter to “Regulating Short-term Rental Permits” of the Encinitas Municipal Code pertaining to Short-term Rentals;” and 2) Introduce City Council Ordinance No. 2022-16 titled “An Ordinance of the City Council of the City of Encinitas amending Chapters 30.04 (Definitions) and 30.09 (Zoning Use Matrix), and adding a new Chapter 30.50 (Short-term Rental) to Title 30 (Zoning) of the Encinitas Municipal Code, amending Section 6.05 of the Encinitas Ranch Specific Plan and Section 3.2.5.A Zoning Use Table of the Cardiff-by-the- Sea Specific Plan and amending the Local Coastal Program pertaining to short-term rental uses.”
Mayor Blakespear opened the Public Hearing.
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Before Agenda Item 10B was heard, Council Member Hinze stated that she would be recusing herself from consideration of this item because of a conflict of interest due to an ownership interest in Encinitas property.
Councilmember Hinze left the Council Chambers at 6:14 p.m.
Planner IV Dacey and Director of Development Services Sapa’u presented the staff report and responded to questions from the Council.
SPEAKERS:
Maria Greenwood spoke in support of the recommended action.
The following speakers spoke in opposition to the recommended action:
Galyn Thompson, Hugh Elliot, David Volk, Chris Carrico, Erik Gilmer, Drew Davis, Giuliana Unger. Sven Simon, Jessica Solano, Kimberly Jackson, Cathy McCall, Jonathan Love, and Rory Revier.
The following speakers spoke regarding this agenda item: Richard Maxwell, Robert Frickman, and Debal Acquaro.
Mayor Blakespear closed the public hearing.
COUNCIL ACTION:
Blakespear moved, Kranz seconded to: 1) Accept the Planning Commission’s recommendations to lower the citywide cap from 3% to
2.5%, and to lower the community cap from 5% to 4%, and to apply the 200 foot radius distance for all non-hosted short-term rentals throughout the City and to exclude, Seabluffe from these requirements; 2) Introduce City Council Ordinance No. 2022-15 titled “An Ordinance of the City Council of the City of Encinitas adopting amendments to Title 9 (Chapter 9.38) and to rename the Chapter to “Regulating Short-term Rental Permits” of the Encinitas Municipal Code pertaining to Short-term Rentals;” and 3) Introduce City Council Ordinance No. 2022-16 as amended per City Council motion to exclude Seabluffe titled “An Ordinance of the City Council of the City of Encinitas amending Chapters 30.04 (Definitions) and 30.09 (Zoning Use Matrix), and adding a new Chapter 30.50 (Short-term Rental) to Title 30 (Zoning) of the Encinitas Municipal Code, amending Section
6.05 of the Encinitas Ranch Specific Plan and Section 3.2.5.A Zoning Use Table of the Cardiff-by-the-Sea Specific Plan and amending the Local Coastal Program pertaining to short-term rental uses.” Motion Carried. Ayes: Blakespear, Kranz, Lyndes, Mosca. Abstain: Hinze.
Absent: None Nays: None.
Council Member Hinze returned to the Council Chambers at 7:57 p.m.
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10D. Award a Construction Contract for the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C). Contact Person: Traffic Engineer Bandegan
Environmental Considerations: The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts projects characterized as minor alterations to public facilities, involving negligible or no expansion of the existing use.
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 LC Paving & Sealing, Inc., in the amount of $1,294,954 plus 15 percent contingency ($194,243) for a total not-to-exceed construction contract amount of $1,489,197 for construction of the South Coast Highway 101 Cycle Track (Phase II) Project; and 2) Adopt City Council Resolution No. 2022-110, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to allocate $554,732 to the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C).
Traffic Engineer Bandegan presented the staff report and responded to questions from the Council.
Director of Engineering Bankston responded to questions regarding the pre- project data and indemnification provisions.
SPEAKERS:
Marco Gonzalez spoke in support of the recommended action.
COUNCIL ACTION:
Blakespear moved, Mosca seconded to: 1) Collect pre project data, to include indemnification provisions in the contract; 2) 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 LC Paving & Sealing, Inc., in the amount of $1,294,954 plus 15 percent contingency ($194,243) for a total not-to- exceed construction contract amount of $1,489,197 for construction of the South Coast Highway 101 Cycle Track (Phase II) Project; and 3) Adopt City Council Resolution No. 2022-110, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2022-23 Budget” to allocate $554,732 to the South Coast Highway 101 Cycle Track (Phase II) Project (CS22C). Motion Carried. Ayes:
Blakespear, Hinze, Kranz, Lyndes, Mosca. Absent: None. Nays: None.
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11. INFORMATIONAL ITEMS
11A. Saxony Road Tree Evaluation Report by City Arborist.
Recommended Action: Receive the oral report.
Chris Kallstrand and Katrina Burritt with Dudek presented the report and responded to questions from the Council.
SPEAKERS:
Shira Jacobs and Adam McCurdy spoke regarding tree safety and eucalyptus trees.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
12A. Council Initiated Item from Councilmember Kellie Hinze and Joy Lyndes Regarding the City of Encinitas Becoming a Certified Bee City USA.
RECOMMENDED ACTION: Direct Lyndes and Hinze to complete sample resolution for Encinitas and return for adoption designating Encinitas as a Bee City USA affiliate.
Discuss and determine how to accomplish the following framework:
• Establish a standing Bee City USA Committee to advocate for pollinators.
• Create and enhance pollinator habitat on public and private land by increasing the abundance of native plants and nest sites. • Consider our use of pesticides.
• Incorporate pollinator-conscious practices into city policies and plans.
• Host pollinator awareness events.
• Publicly acknowledge Bee City USA Affiliation with signs and an online presence.
• Pay an initial application fee and annual renewal fee. • Apply annually for renewal and report on previous year’s activities.
SPEAKERS:
James McDonald, Eric Robinsion, and Rose Hogling spoke in support of the City of Encinitas joining Bee City USA.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to designate a staff liaison to bring a resolution back for adoption designating Encinitas as a Bee City USA affiliate and creating a committee to advocate for pollinators within the City. Motion Carried. Ayes: Blakespear, Hinze, Kranz, Lyndes, Mosca.
Absent: None. Nays: None.
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13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
There were no Council Member updates.
14. CITY MANAGER REPORTS
City Manager Antil expressed appreciation to staff and Council for their work.
15. CITY ATTORNEY REPORTS
No report was given.
Deputy City Clerk Weichers stated that election results are available on the San Diego County Registrar of Voters website at sdvote.com.
16. ADJOURNMENT
Mayor Blakespear adjourned the meeting at 8:58 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Catherine S. Blakespear, Mayor By: Jackie Rapp
Program Coordinator
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