2008-09-17
MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 17, 2008, 6:00 PM, 505 SOUTH VULCAN A VENUE
CALL TO ORDER/ROLL CALL
Mayor Stocks called the meeting to order at 6:00 P.M.
Present: Mayor Jerome Stocks, Council Members Teresa Barth, James Bond, Dan Dalager,
and Maggie Houlihan.
Absent: None.
Also Present: City Manager Cotton, City Attorney Sabine, City Clerk Cervone, Senior Planner
Ybarra, Building and Planning Director Murphy, Traffic Engineer Blough,
Engineering Services Director Cota-Robles, Associate Planner Tremor, Principal
Planner Langager, Associate Planner Strong, and Deputy City Clerk Bingham.
There being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
SPECIAL PRESENT A TIONS/PROCLAMA TIONS
Proclamation supporting Parks & Recreation's Family Night
Mayor Stocks presented a proclamation to the Lin Family.
Mayor Stocks presented a proclamation celebrating the 14th Annual Encinitas Oktoberfest, on
Sunday, September 21, 2008.
ORAL COMMUNICATIONS
George Hejduk spoke of his concerns regarding the lack of ball fields in the City. Mr. Hejduk
encouraged Council to move forward quickly with the Hall Property project.
Morgan Mallory thanked Council for all their support in making the LeucadiART Splash a huge
success.
Jim Miller and Marv Miles, President of the San Diego Woody Association, invited all to attend
the Wavecrest Woodies Car event at Moonlight Beach on Saturday, September 20,2008.
John Finn spoke of his concerns regarding a possible ban on plastic bags in the City and
requested Council enforce litter laws instead of a ban.
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CLOSING AND ADOPTION OF THE CONSENT CALENDAR
Council Member Houlihan requested the following change to the minutes of 8-27-08:
On page 4, Item #6:
The following speakers addressed Council on Item #6:
Bob Nanninga, Dody Tucker, John DeWald, Peder Norby, Sid Shaw, Allan Dorfman, Hilbert
Mercado, Gary Tucker, Betsy Aceti and Adam Birdbaum (correction Birnbaum)
ACTION:
Houlihan moved, Barth seconded to close and adopt the Consent Calendar with the
correction to the 8-27-08 Minutes. Motion carried. Ayes: Barth, Bond, Dalager, Houlihan,
Stocks. Nays: None.
1. Approve 08/27/08 Ret!ular Meetint! Minutes. Contact Person: Citv Clerk Cervone.
STAFF RECOMMENDATION: Approve Minutes.
2. Approval of 9/17/08 Warrants List. Contact Person: Finance Manat!er Hill.
STAFF RECOMMENDATION: Approve Warrants List.
3. Adoption of Resolution 2008-56. approvint! the revised Master
At!reementl Administerint! At!ency-State At!reement for Federal Aid Projects. and
authorizint! the Director of Ent!ineerint! Services to execute the Master At!reement and
Future Modifications and Project Specific Prot!ram Supplements to the Master
Ae:reement. Contact Person: Manat!ement Analyst Darlint!.
STAFF RECOMMENDATION: Adopt Resolution 2008-56.
4. Public hearint! to consider the adoption of Resolution 2008-57 approvine: various
amendments to the 2008 Ret!ional Transportation Improvement Prot!ram (RTIP).
Contact Person: Finance Director Smith.
STAFF RECOMMENDATION: Adopt Resolution 2008-57.
5. Authorization to file a Notice of Completion and release of retention held in escrow for
the Encinitas Communitv Library construction project (CIP Number WMF96B)
which C. E. Wylie Construction Company was the e:eneral contractor. Contact
Person: Assistant to the Citv Manae:er Phillips.
STAFF RECOMMENDATION: Accept public improvements and file a Notice
of Completion.
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6. Approval of Council Meetine: schedule for remainder of 2008. Contact Person: City
Clerk Cervone.
STAFF RECOMMENDATION: Adopt the amended meeting schedule.
REGULAR AGENDA ITEMS -- Items 7 throu2h 10
7. Public Hearine: to consider an appeal of the City Traffic Ene:ineer's denial of a
request to chane:e existine: unrestricted on-street public parkine: to include a time-
limited passene:er loadine: space (1 Space) with unrestricted usae:e for US mail
purposes alone: a portion of "A" Street frontine: the development property
referenced as follows: The subiect property is zoned N-CM-3 (Commercial Mixed 3
Zone - North 101 Corridor Specific Plan) and is situated within the Coastal Zone.
LOCATION: 90 North Coast Hwv 101 and 215 2nd Street (APN 258-034-01. 10. 11.
12. and 13) APPLICANT/APPELLANT: The Lofts at Moonlie:ht Beach. LLC.
Contact Persons: Senior Planner Ybarra and Traffic Ene:ineer Bloue:h.
Senior Planner Ybarra reviewed the staff report and stated that the applicant was notified by the
postmaster after construction had started that an exclusive on-site mail delivery parking space
would need to be provided to facilitate the delivery of U.S. Mail. The postmaster stated that as
an alternative, an on-street white marked curb space could be used.
The applicant was appealing the Traffic Engineer's determination that the applicant's request was
not supported due to the loss of an unrestricted public parking space that would result from the
establishment of a passenger loading/restricted U.S. Mail usage zone.
Staff recommendation was to affirm the decision of the City Traffic Engineer denying the
request.
The following disclosures were made:
Council Members Barth, Bond, Dalager and Houlihan had no disclosures.
Mayor Stocks stated that he had no disclosures.
Mayor Stocks opened the Public Hearing.
Evan Stone, on behalf of the applicant/appellant, spoke III opposition to the staff
recommendation.
Mayor Stocks closed the Public Hearing.
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ACTION:
Bond moved, Dalager seconded to grant the appeal approving the request to change
existing unrestricted on-street public parking along a portion of "A" Street to include a
time-limited passenger loading space (1 space) with unrestricted usage for US mail
purposes. Motion carried. Ayes: Bond, Dalager, Stocks. Nays: Barth, Houlihan.
Before Item #8 was heard, Council Member Barth recused herself and left the Council Chambers
to avoid a possible conflict of interest.
8. Presentation of the 2nd draft of the Cardiff-bv-the-Sea Specific Plan (CSP) followed
bv review and discussion bv the City Council in order to receive initial input
ree:ardine: the 2nd draft of the Specific Plan. CASE NUMBER: 04-266
GPAlSPA/LCPAlEIA; APPLICANT: City of Encinitas; LOCATION: Cardiff-bv-
the-Sea Specific Plan Area. Contact Person: Associate Planner Tremor.
Associate Planner Tremor stated in March, 2007, the I st draft of the Cardiff-by-the-Sea Specific
Plan (CSP) was presented to Council. At that time, Council voted to refer the draft CSP to the
Planning Commission who intum recommended the establishment of a subcommittee to review
the CSP. A 12-member committee was appointed to review and recommend changes to the CSP.
The 2nd draft that was before Council reflected the committee's recommendations.
Ms. Tremor stated that staff had prepared an initial review of the 2nd draft CSP and had
summarized key points which Staff had determined necessitated further discussion as follows:
1. Protecting views from landscaping
2. Policy conflicts regarding city responsibility for improving, maintaining, and funding of
alleys, curbs and pathways.
3. Allowance of mixed-use.
4. Proposed setbacks within the planning areas creating nonconforming stuctures.
5. Inclusion of additional graphics in the plan.
6. Potential future parking strategies.
7. Rezoning of property within the specific plan area and requirement of a Major Use Permit for
total floor area greater than 10,000 square feet.
Associate Planner Tremor introduced Highway 101 Coordinator, Peder Norby, who reviewed the
chronology of the public hearings which took place on a weekly basis from July, 2007 to March
2008.
Staff recommendation was to receive report and provide any initial feedback.
The following speakers addressed Council:
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Janie DeCeller, Mary O'Neil, JoAnn Fairchild, Jennifer Mencher, John Spencer, Brad Maassen,
Peter Curry, Andrew Audet, Randy LeRuth, Nathan Rosenblatt, Donna Westbrook, and Charles
Brockett.
Mayor Stocks declared a recess from 8:00 P.M. to 8:12 P.M.
The public speakers continued:
Terry Wirth, Holly Harris, Mike Paeske, Tricia Smith, Pat Conahan, Patricia Burnand, Marie
Dardarean, and Brett Farrow.
Council Member Dalager suggested that current businesses be "grandfathered" in.
Council Member Houlihan wanted clarification of potential future parking strategies and
suggested that the CSP include an invasive plant list.
COUNCIL CONSENSUS:
There was Council consensus to direct staff to clarify the language on all key points; to
insert more graphics in the plan; clarification of potential future parking strategies; and to
keep the current policies on curb cuts and improvements to alleys.
COUNCIL CONSENSUS:
There was Council Consensus to direct staff to facilitate an informational open house for
project review as soon as possible.
9. City Council consideration to accept an application for a zone text amendment to
accommodate a residential care facility at 1264 Lake Drive. Contact Person:
Associate Planner Stron!!.
Associate Planner Strong reviewed the staff report and stated that staff had received a letter from
Andrew Plant, acting on behalf of Spring Hill Development, LLC, requesting a zone text
amendment to accommodate a residential care facility at 1264 Lake Drive. The existing land use
consists of a single-family residence and nursery. No development was proposed at this time.
Mr. Strong stated that the applicant requested that the City initiate a zoning text amendment to
revise a footnote in the zoning matrix. The footnote allowed "Residential Care Facilities,
General" for seven or more persons in single-family residential zones upon issuance of a major
use permit only for those properties located on a prime arterial circulation element road.
Staff recommendation was to receive report and provide direction as to whether staff should
process the zone text amendment application.
The following speakers addressed Item #9:
Bob Nanninga, George Hejduk, Bill Welch, Bernard Minster, and Sharon Flower.
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ACTION:
Barth move, Houlihan seconded to extend the meeting past 10:00 P.M. Motion carried.
Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays: None.
The public speakers continued:
Peter Stem, Ken Graziano, Niels Lund, Marie Dardarian, Donna Westbrook, Richard Cullen, and
John Schuster.
Andrew Plant addressed the council and stated he would withdraw the application based on
neighbors concerns.
ACTION:
Stocks moved, Houlihan seconded to deny the zone text amendment application. Motion
carried. Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays: None.
10. City Council consideration to acceot an aoolication for a General Plan Amendment
(GP A) and Zone Chanl!e (ZA) for the uocominl! 2008-2009 General Plan Annual
Review Cvcle for the orooerty located at 1768 Crest Drive; and status reoort of
existinl! GP A requests from orior years. Contact Person: Associate Planner Stronl!.
Associate Planner Strong stated that the under the City's current policy, private property owners
could submit a letter of intent to amend the General Plan. The City received a letter of intent
from the Conkling family to redesignate a 1.04 acre lot at 1768 Crest Drive from Rural
Residential 1 (RR1) to Rural Residential 2 (RR-2). Under the existing land use designation, up
to one single family dwelling unit per acre was allowed. The RR-2 zone allowed for 1-2 units
per acre.
Staff recommendation was to not accept the application at this time based on concerns that were
provided to the applicant at the SAC meeting.
Bob Nanninga and Curt Conkling addressed Council on Item #10.
ACTION:
Dalager moved, Stocks seconded to not accept the application at this time. Motion carried.
Ayes: Barth, Bond, Dalager, Houlihan, Stocks. Nays: None.
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REPORTS FROM CITY COUNCIL MEMBERS /
REPRESENTATIVES OF REGIONAL BOARDS / CITY
ATTORNEY/CITY MANAGER
City Manager Cotton presented a brief report on the City's investments and assured Council that
the City was not invested in markets that were currently at risk.
ADJOURNMENT
Mayor Stocks declared the meeting adjourned at 10:35 P.M.
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Deborah Cervone, City(Cler
By: Claudia Bingham, "---
Deputy City Clerk
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