City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, SEPTEMBER 14, 2022 -
05:30 PM
p.m.
City of Encinitas - City Council Chambers
505 S. Vulcan Avenue
Encinitas, California 92024
Each speaker is allowed three (3) minutes to address the City Council.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. SPECIAL PRESENTATIONS AND PROCLAMATIONS
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF (30 MINUTES) Each speaker is allowed three (3) minutes to address the City Council. Please submit a “WHITE” speaker slip to the City Clerk. If needed, Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda. 2022-09-14 Item 05 Oral Communications Received
6. REPORT FROM CLOSED SESSION (IF HELD)
7. CHANGES TO THE AGENDA Announcements of administrative changes to the agenda, in compliance with the Brown Act.
8. CONSENT CALENDAR The recommendations on the following Consent Calendar will be enacted in one motion unless an item is removed from the Calendar. Any member of the public may remove an item by submitting a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council. Items removed from the Consent Calendar by a Council Member or the public will be considered immediately following 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. Contact Person: City Clerk Hollywood 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 Approve the Minutes.
2022-09-14 Item 08B Minutes
8C.
Approval of the Warrants List (Register of Demands). Contact Person: Finance Manager Dinh Staff recommends that the City Council review and approve the warrants. 2022-09-14 Item 08C Approval of Warrants List
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 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 Lorri Greene to the Senior Citizen Commission with a term ending March 1, 2024. 2022-09-14 Item 08D Commission Appointments
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 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.” 2022-09-14 Item 08E ADU CCC Mods Combined
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 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.” 2022-09-14 Item 08F Continuing Appropriations
8G.
Approval of Plans for Striping Enhancements on Vulcan Avenue between Encinitas Boulevard and La Costa Avenue. Contact Person: Traffic Engineer Bandegan 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.” 2022-09-14 Item 08G Vulcan Ave Striping Enhancements
8H.
Award a Construction Contract for the B Street Sewer Main Improvements Project (CE04H). Contact Person: Engineer Edgeworth 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 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). 2022-09-14 Item 08H Award B Street Sewer
8I.
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 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. 2022-09-14 Item 08I Increase BPE NTE Amount
8J.
Ratification of emergency purchase of four all-electric replacement vehicles within the City’s fleet. Contact Person: Management Analyst Stratakis 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.” 2022-09-14 Item 08J Emergency Fleet Purchase Ratification Staff Report FY23 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 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 830.6.” 2022-09-14 Item 08K Approve Plans & Specs, & Authorize Advertisement of Santa Fe Dr West 2022-09-14 Item 08K Approve Plans & Specs, & Authorize Advertisement of Santa Fe Dr West - Public Comments 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 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.” 2022-09-14 Item 08L N101 Drainage Improvements
2022-09-14 Item 08L N101 Drainage Improvements Updated Agenda Report 09-12-2022
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
10. ACTION ITEMS To speak on action items, please submit a “PINK” speaker slip to the City Clerk. Each speaker is allowed three (3) minutes to address the City Council.
PROCEDURES FOR PUBLIC HEARINGS ON APPEALS (ITEM 10A): New information such as documents, exhibits, letters, photos, charts, diagrams, videos, etc., WILL NOT be considered by the City Council if presented at this meeting. All material must have been submitted to the City Clerk no less than 7 calendar days prior to this hearing 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) 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).” 2022-09-14 Item 10A Clark Ave Appeal Agenda Report
2022-09-14 Item 10A Clark Ave Appeal Attachment 1 Resolution 2022-96 2022-09-14 Item 10A Clark Ave Appeal Attachment 2 PC Resolution 2022-14 2022-09-14 Item 10A Clark Ave Appeal Attachment 3 Appeal & Powerpoint 2022-09-14 Item 10A Clark Ave Appeal Attachment 4 APPEAL-005572-2022 & Rebuttal - Copy 2022-09-14 Item 10A Clark Ave Appeal Attachment 5 Western National Appeal Rebuttal Letter 2022-09-14 Item 10A Clark Ave Appeal Attachment 6a Aug 4 2022 PC Item Packet Clark Ave Case #MULTI-004609-2021 2022-09-14 Item 10A Clark Ave Appeal Attachment 6b PC-15 Air Quality (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6c PC-16 Indoor Air (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6d PC-17 Phase I & Closure (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6e PC18 Arborist (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6f PC-19 HYDRO (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6g PC-20- Sewer (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6h PC-21 SWQMP (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6i PC-22 Geotech & Addendum (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6j PC-23 Cultural Historical Report (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6k PC-24 Architectural Plans - Reduced for web (sep doc & numbered) 2022-09-14 Item 10A Clark Ave Appeal Attachment 6l PC-25 Civil (sep doc) - Numbered for posting 2022-09-14 Item 10A Clark Ave Appeal Attachment 6m PC-26 Landscape Plans - Reduced for web (sep doc & numbered) 2022-09-14 Item 10A Clark Ave Appeal Attachment 6n PC-27 Lot LIne Adjustment (sep doc & numbered) 2022-09-14 Item 10A Clark Ave Appeal Attachment 7 CPP handout 2022-09-14 Item 10A Clark Ave Appeal Attachment 8 Public Correspondence - Updated 09-11-22 2022-09-14 Item 10A Clark Ave Appeal Public Comments
2022-09-14 Item 10A Clark Ave Appeal Public Comments - Updated 09-14-22
11. INFORMATIONAL ITEMS - NONE
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 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) 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).”
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 4th community celebration in the community of New Encinitas. Contact Persons: Deputy Mayor Mosca and Council Member Kranz 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. 2022-09-14 Item 12A - 4th of July Parade New Encinitas
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
14. CITY MANAGER REPORTS
15. CITY ATTORNEY REPORTS
16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON SEPTEMBER 21, 2022 Notice to the Public:
To ensure that the City meets your needs when addressing the City Council, all presentation materials which require the use of visual equipment need to be submitted to the City's IT Division at least 24 hours in advance of the meeting (except for appeal hearings where materials must be submitted 7 days in advance). This includes photographs, Microsoft Office documents (PowerPoint, Word, Excel).
No CD's, DVD's, or USB thumb/flash drives will be accepted at the meeting.
All materials must be in PC format and digital presentation items must be emailed to [email protected]
. Please label all materials with the corresponding agenda item number. Should technical assistance be necessary, it will be available to presenters from 5:30 p.m. to 5:50 p.m. on the day of the meeting. Presentation of video/digital/photographs are considered part of the maximum time limit provided to speakers.