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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
SEPTEMBER 13, 2023, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:03 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Joy Lyndes, Council Members Allison Blackwell, Bruce Ehlers, and Kellie Shay Hinze
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Director of Engineering Bankston, Fire Chief Gordon, City Traffic Engineer Bandegan, 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
4A. Presentation of Proclamation in recognition of Mexican Independence Day on September 16, 2023.
Mayor Kranz presented the proclamation to Leslie Kulchin Saldana, outgoing San Dieguito Academy Foundation Executive Director.
5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Mike Brawner spoke regarding parking changes on North Vulcan Avenue.
Mark Wilcox spoke regarding a ban on smoking and vaping in multi-family units.
Jessica Lux spoke regarding gang activity.
Julie Mallon spoke regarding the Quail Meadows project.
Terry Wirth spoke regarding issues in his neighborhood.
Adam Miller spoke regarding flooding on Hygeia Avenue.
Natalie Settoon and Tracy Conkey spoke regarding homelessness.
Mark Miville spoke regarding various topics.
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Jim Esposito spoke regarding the upcoming Wavecrest car show and Masters of Hawaiian Music Maui Benefit concert.
Jeryl Anne Kessler spoke regarding the Staver project on Melba Road.
Sheila Cameron spoke regarding safety concerns in the City.
Caron Schrader spoke regarding fire safety and development.
Jennifer Hewitson spoke regarding development and density.
Scott Campbell spoke regarding RHNA obligations.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 3:30 p.m., to consider one item and there was no reportable action.
7. CHANGES TO THE AGENDA
There were no changes to the posted agenda.
8. CONSENT CALENDAR
City Clerk Hollywood announced that Consent Calendar items 8B, 8E, 8G, and 8H have been pulled from the Consent Calendar by members of the public.
COUNCIL ACTION:
Lyndes moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of Consent Calendar Items 8B, 8E, 8G, and 8H. Motion Carried. Ayes: Blackwell, Ehlers, Kranz, and Lyndes. Nays: None. Absent:
Hinze.
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.
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.
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8D. Consideration of Adoption of Ordinance 2023-08 amending Encinitas Municipal Code (EMC) Chapter 2.12 Conflict of Interest Code, Section
2.12.060(C) Designated City Positions and Section 2.12.070 Boards, Commissions, and Committees. Contact Person: City Clerk Hollywood Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Ordinance 2023-08 titled, “An Ordinance of the City Council of the City of Encinitas, California, Amending Encinitas Municipal Code Chapter 2.12 Conflict of Interest Code, Section 2.12.060(C) Designated City Positions and Section 2.12.070 Boards, Commissions, and Committees.”
8F. Adopt Resolution No. 2023-108 authorizing the City Manager or designee(s) to execute a Memorandum of Understanding (MOU) between the City of Encinitas and Encinitas Battalion Chiefs Association (IAFF) Local 5376 and Adopt Resolution No. 2023-109 approving the Titles and Pay Ranges for the City of Encinitas. Contact Person: Director of Human Resources Bokosky
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Adopt Resolution No. 2023-108, titled “A Resolution of the City Council of the City of Encinitas, California Authorizing the City Manager or Designee(s) to Execute a Memorandum of Understanding Between the City of Encinitas and Encinitas Battalion Chiefs Association (IAFF) Local 5376”; and 2) Adopt Resolution No. 2023-109, titled “A Resolution of the City Council of the City of Encinitas, California Approving Titles and Pay Ranges for the City of Encinitas for Fiscal Year 2023 -2024.”
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
8B. Approval of the Minutes of the August 16, 2023, Special Closed Session Meeting; August 16, 2023, Regular Meeting; August 23, 2023, Special Meeting; and August 23, 2023, Regular Meeting. Contact Person: City Clerk Hollywood
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Recommended Action: Approve the Minutes.
SPEAKER:
Sheila Cameron and Karen Kaden spoke regarding the August 23, 2023, Regular meeting minutes in reference to the Piraeus project.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to approve the minutes of the August 16, 2023, Special Closed Session Meeting; August 16, 2023, Regular Meeting; August 23, 2023, Special Meeting; and August 23, 2023, Regular Meeting. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8E. Legislative position letters submitted to City Council for ratification. Contact Person: Assistant City Manager Campbell
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Ratify Opposition Letter to SB 423 Land Use:
Streamlined Housing Approvals: Multifamily Housing Developments (Wiener); and 2) Ratify Support Letter for AB 399 Water Rate Payers Act of 2023: County Water Authority Act (Boerner).
SPEAKER:
Elena Thompson spoke regarding SB 423 and the City’s legislative priorities.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to: 1) Ratify Opposition Letter to SB 423 Land Use: Streamlined Housing Approvals: Multifamily Housing Developments (Wiener); and 2) Ratify Support Letter for AB 399 Water Rate Payers Act of 2023: County Water Authority Act (Boerner).
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
8G. Award a Construction Contract, a Construction Management and Inspection Contract, amend two Construction Support Contracts and a Project Management Contract, authorize a Memorandum of Understanding with the San Dieguito Water District, and appropriate $4,000,000 Housing and Urban Development (HUD) Grant funding, for the Leucadia Streetscape Segment C West Side (CS23D) and North Highway 101 Drainage Improvements Project (CD23A). Contact Person: Principal Engineer Widelski
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Environmental Considerations: Pursuant to the California Environmental Quality Act, environmental clearance for the project was provided under the Final Environmental Impact Report for the North Coast Highway 101 Streetscape Improvement Project (10-035 DR/CDP/EIR and 10-036 GPA/SPA/LCPA) and the Addendum to the Final Environmental Impact Report (SUBC-005527-2022) and NEPA was completed (HUD Grant No.
B-23-CP-0159, SCH No. 2015091084) for the North Highway 101 Drainage Improvements Project (CD23A).
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 Blue Pacific Engineering & Construction Company, Inc., in the amount of $ 17,610,840 plus 15 percent contingency of $2,641,626 for a total not-to-exceed construction contract amount of $20,252,466 including any future contract amendments to construct the Base Bid A, Additive Alternate 4A, and Base Bid B, of the Leucadia Streetscape Segment C West Side (CS23D) and North Highway 101 Drainage Improvements Project (CD23A); 2) Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with PSOMAS, for construction management and inspection (CM&I) and public outreach services on the Leucadia Streetscape Segment C West Side Improvements Project (CS23D) and North Highway 101 Drainage Improvements Project (CD23A) in the amount of $1,952,979 plus 20 percent contingency of $390,596 for a total not-to- exceed amount of $2,343,575; 3) Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Michael Baker International (MBI), for roadway design construction support services on the Leucadia Streetscape Segment C West Side (CS23D) Improvements Project and North Highway 101 Drainage Improvements Project (CD23A) in the amount of $331,625 plus 15 percent contingency of $49,744 for a total not-to-exceed amount of $381,369; 4) Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Peltz and Associates, for landscape design construction support on the Leucadia Streetscape Segment C West Side (CS23D) Improvements Project in the amount of $146,680 plus 15 percent contingency of $22,002 for a total not-to-exceed amount of $168,682; 5) Authorize the City Manager, or designee, to execute Amendment No. 3 in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Kleinfelder Construction Services, for project management support on the Leucadia Streetscape Segment C West Side (CS23D) and North Highway 101 Drainage Improvements Project (CD23A) in the amount of $250,000 for a total not-to-exceed amount of $750,000; 6) Authorize the City Manager, or designee, to execute a Memorandum of Understanding (MOU) with the San Dieguito Water District DocuSign Envelope ID: 27C4E48C-E045-4B1C-BE68-61664CDB2B18
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(SDWD) to fund $200,000 for a portion of the SDWD waterline work that will be completed as part of the Leucadia Streetscape Segment C West Side (CS23D) Improvements Project construction; 7) Authorize the City Manager, or designee, to accept and administer federal grant funding from the Economic Disaster Initiative/HUD Grant funding for the North Highway 101 Drainage Improvements Project; and 8) Adopt City Council Resolution No. 2023-106, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget” to allocate $4,000,000 to the North Highway 101 Drainage Improvements Project (CD23A).
SPEAKERS:
Caron Schrader spoke in opposition to the recommended action.
Kevin Doyle spoke in support of the recommended action.
Principal Engineer Widelski responded to questions from the Council.
COUNCIL ACTION:
Kranz moved, Lyndes seconded to: 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 Blue Pacific Engineering & Construction Company, Inc., in the amount of $ 17,610,840 plus 15 percent contingency of $2,641,626 for a total not-to-exceed construction contract amount of $20,252,466 including any future contract amendments to construct the Base Bid A, Additive Alternate 4A, and Base Bid B, of the Leucadia Streetscape Segment C West Side (CS23D) and North Highway 101 Drainage Improvements Project (CD23A); 2) Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with PSOMAS, for construction management and inspection (CM&I) and public outreach services on the Leucadia Streetscape Segment C West Side Improvements Project (CS23D) and North Highway 101 Drainage Improvements Project (CD23A) in the amount of $1,952,979 plus 20 percent contingency of $390,596 for a total not-to-exceed amount of $2,343,575; 3) Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Michael Baker International (MBI), for roadway design construction support services on the Leucadia Streetscape Segment C West Side (CS23D) Improvements Project and North Highway 101 Drainage Improvements Project (CD23A) in the amount of $331,625 plus 15 percent contingency of $49,744 for a total not-to-exceed amount of $381,369; 4) Authorize the City Manager, or designee, to execute an agreement in substantial form, and any necessary amendments and time extensions in consultation with the City Attorney, with Peltz and Associates, for landscape design DocuSign Envelope ID: 27C4E48C-E045-4B1C-BE68-61664CDB2B18
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construction support on the Leucadia Streetscape Segment C West Side (CS23D) Improvements Project in the amount of $146,680 plus 15 percent contingency of $22,002 for a total not-to-exceed amount of $168,682; 5) Authorize the City Manager, or designee, to execute Amendment No. 3 in substantial form, and any necessary
amendments and time extensions in consultation with the City Attorney, with Kleinfelder Construction Services, for project management support on the Leucadia Streetscape Segment C West Side (CS23D) and North Highway 101 Drainage Improvements Project (CD23A) in the amount of $250,000 for a total not-to-exceed amount of $750,000; 6) Authorize the City Manager, or designee, to execute a Memorandum of Understanding (MOU) with the San Dieguito Water District (SDWD) to fund $200,000 for a portion of the SDWD waterline work that will be completed as part of the Leucadia Streetscape Segment C West Side (CS23D) Improvements Project construction; 7) Authorize the City Manager, or designee, to accept and administer federal grant funding from the Economic Disaster Initiative/HUD Grant funding for the North Highway 101 Drainage Improvements Project; 8) Adopt City Council Resolution No. 2023-106, titled “A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year 2023-24 Budget” to allocate $4,000,000 to the North Highway 101 Drainage Improvements Project (CD23A); and 9) Direct staff to minimize as much future disruption to the streetscape improvements as possible. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None.
8H. Resolution 2023-112 Authorizing the acquisition of the property at the northeast corner of Highway 101 and La Costa Avenue, Encinitas California and designating the Mayor as signatory on all documents related to the purchase of the property on behalf of the City of Encinitas. Contact Person:
Administrative Services Manager Chapman
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Adopt Resolution 2023-112 titled, “A Resolution of the City Council of the City of Encinitas, California, Authorizing the Acquisition of the Property Located at the Northeast Corner of Highway 101 and La Costa Avenue, Encinitas, California and Designating the Mayor as Signatory on All Documents Related to the Purchase of the Property on Behalf of the City of Encinitas.”
SPEAKER:
Elena Thompson spoke in support of the recommended action.
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COUNCIL ACTION:
Kranz moved, Ehlers seconded to adopt Resolution 2023-112 titled, “A Resolution of the City Council of the City of Encinitas, California, Authorizing the Acquisition of the Property Located at the Northeast Corner of Highway 101 and La Costa Avenue, Encinitas, California and Designating the Mayor as Signatory on All Documents Related to the Purchase of the Property on Behalf of the City of Encinitas.” Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None.
The Mayor called the meeting into a recess at 7:48 p.m., and reconvened the meeting at 7:59 p.m.
10. ACTION ITEMS
10A. Interim Safety and Mobility Enhancements on Quail Gardens Drive and Saxony Road. Contact Person: City 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. The proposed project meets the criteria for this exemption.
Recommended Action: 1) Approve recommended safety and mobility improvements on the Quail Gardens Drive and Saxony Road corridors. If approved, staff will return to the City Council for design approval and design immunity; and 2) Provide direction on the neighborhood traffic circle style to be implemented.
City Traffic Engineer Bandegan presented the staff report and responded to preliminary questions from the Council.
SPEAKERS:
Lauren Hall, Lisa Shaffer, Andree’ Gray, Steve Gerken, Dick Stern, Glen Johnson, Brian Blair, Dane Blair, Jamas Gwilliam, Greg Colligan, and Chris Calkins spoke in support of the recommended action.
City Clerk Hollywood announced that 22 speakers registered support for the recommended action but chose not to speak, and five speakers registered opposition to the recommended action but chose not to speak.
Fire Chief Gordon and City Traffic Engineer Bandegan responded to questions from the Council.
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COUNCIL ACTION:
Kranz moved, Ehlers seconded to: 1) Approve Option #3 safety and mobility improvements on the Quail Gardens Drive and Saxony Road corridors as presented by staff; 2) Direct staff to refine the proposals based on Council comments; and 3) Minimize the use of bollards.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
Mayor Kranz announced that Item 10D would be continued to a future meeting and Item 10E would be continued to a date certain of September 20, 2023. 10B. Public Hearing to Receive Testimony regarding Amending Permit Parking Zone D on Via Molena, Via Tavira, Via Sarasan, Via Palacio and Via Villena to Expand the Zone Boundary. Contact Person: City Traffic Engineer Bandegan
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) of the CEQA Guidelines. This section exempts projects with negligible or no expansion of use. Parking permit modification meet this exemption.
Recommended Action: 1) Conduct a public hearing to receive testimony regarding amending Permit Parking Zone D on Via Molena, Via Tavira, Via Sarasan, Via Palacio and Via Villena to Expand the Zone Boundary; 2) Rescind Resolution No. 2023-22, titled “A Resolution of the City Council of the City of Encinitas, California, Establishing A Permit Parking Zone on Via Molena (from 200’ East of Via Tavira to Via Cantebria), Via Tavira, Via Sarasan, Via Palacio and Via Villena”; 3) Adopt Resolution 2023-105, titled “A Resolution of the City Council of the City of Encinitas, California Establishing A Revised Permit Parking Zone on Via Molena (from 200’ East of Via Tavira to Via Cantebria), Via Tavira, Via Sarasan, Via Palacio and Via Villena” that includes residents of Ritz Colony (located at 1190 Encinitas Blvd) and The Cape Apartments (located at 120 Via Cantebria).
Ruth Lopez from Trans Lang announced in English and in Spanish that she was available for translation of this item.
Traffic Engineer Bandegan presented the staff report.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Blackwell disclosed that she had conversations with Wendy Schelew.
Council Member Ehlers disclosed that he had conversations with Wendy Schelew.
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Council Member Hinze reported that she had spoken with a resident of the Ritz Colony apartments who had a desire to be added to the permit parking zone.
Deputy Mayor Lyndes had no disclosures.
Mayor Kranz disclosed that he had met with Wendy Schelew.
Mayor Kranz opened the public hearing at 9:20 p.m.
SPEAKERS:
Ohad Tzur, Tony Joulapour spoke in opposition to the recommended action.
Jesse Schluntz spoke regarding this item.
Mayor Kranz closed the public hearing at 9:32 p.m.
COUNCIL ACTION:
Kranz moved, Hinze seconded to: 1) Rescind Resolution No. 2023-22, titled “A Resolution the City Council of the City of Encinitas, California, Establishing A Permit Parking Zone on Via Molena (from 200’ East of Via Tavira to Via Cantebria), Via Tavira, Via Sarasan, Via Palacio and Via Villena”; and 2) Adopt Resolution 2023-105, titled “A Resolution of the City Council of the City of Encinitas, California Establishing A Revised Permit Parking Zone on Via Molena (from 200’ East of Via Tavira to Via Cantebria), Via Tavira, Via Sarasan, Via Palacio and Via Villena” that includes residents of Ritz Colony (located at 1190 Encinitas Blvd) and The Cape Apartments (located at 120 Via Cantebria) amended to include the establishment of an expiration date of 30 days for the visitor parking permits for this zone only and each dwelling unit may receive a maximum of three “Visitor” permits at any one time. Motion Carried. Ayes: Blackwell, Hinze, and Kranz. Nays:
Ehlers and Lyndes. Absent: None.
10C. Public Hearing to consider a timely-filed appeal of the Planning Commission’s approval of a Density Bonus, Design Review Permit, Coastal Development Permit, and Boundary Adjustment for the construction of a multi-family residential development consisting of 202 residential apartments (172 market rate and 30 low-income units) within one building including private amenity and common open space, grading improvements exceeding four (4) feet of fill and eight (8) feet of cut, and landscaping improvements, the use of a temporary construction trailer, and consolidation of four (4) of the six (6) underlying legal lots resulting in three (3) remaining lots. Proposed amenities include a pool, spa, a shared California Room (an indoor-outdoor living space), a variety of outdoor seating types to accommodate all residents, gaming plaza, bike storage, DocuSign Envelope ID: 27C4E48C-E045-4B1C-BE68-61664CDB2B18
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bike/vehicle charging stations, meditation studio, exterior beach and surf wash, fitness center with fitness mezzanine and outdoor fitness area, outdoor kitchen with barbecues and sink, various outdoor dining areas, and a dog park. A total of 338 parking spaces are proposed in a parking structure and surface parking for use by residents and guests. CASE NOS.: MULTI- 004979-2021, DR-004980-2021, BADJ-004981-2021 & CDP-004982- 2021; LOCATION: 550 ENCINITAS BLVD (APNs: 258-111-16, 258-130- 45 & 258-130-34). Contact Person: Planner IV Bustamante Environmental Considerations: The project is statutorily exempt from the California Environmental Quality Act (CEQA) under Government Code Sections 65583.2(h) and (i), which provide that, if a housing development project is located on a site designated for ‘by right’ approval, contains at least 20 percent of the units affordable to lower income households, and does not require a subdivision, the City may only require design review approval of the project, and design review approval shall not constitute a “project” under CEQA. The Moonlight Apartments project is located in the R-30 Overlay Zone, which is designated for ‘by right’ approval by Encinitas Municipal Code Chapter 30.09 (Zoning Use Matrix Note 35) and proposes that 30 of 202 units (20 percent of 149 base density units), exclusive of additional units provided by a density bonus, will be affordable to lower income households and does not require a subdivision.
The boundary adjustment has also been determined to be exempt from environmental review pursuant to CEQA Guidelines Section 15305 a (Minor Alterations in Land Use Limitations), which exempts minor lot line adjustments that do not result in the creation of any new parcel. This boundary adjustment is consolidating existing underlying lots and it is not creating a new parcel.
Recommended Action: Deny the appeal and adopt draft City Council Resolution No. 2023-99 titled, “A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Planning Commission’s Decision on June 15, 2023 Making the Required CEQA Findings and Approving a Density Bonus, Design Review Permit, Boundary Adjustment, and Coastal Development Permit to Construct 202 Residential Units and Amenities, Including Grading, Site, and Landscaping Improvements and a Temporary Construction Trailer, and Consolidation of Four of the Six Underlying Legal Lots Resulting in Three Remaining Lots for the Property Located at 550 Encinitas Blvd. (CASE NO. MULTI-004979- 2021, DR-004980-2021, BADJ-004981-2021 AND CDP-004982-2021; APNs: 258-111-16, 258-130-45 & 258-130-34)”, affirming the Planning Commission’s decision to adopt Resolution No. PC-2023-14 approving the Density Bonus, Design Review Permit, Coastal Development Permit, and Boundary Adjustment with conditions.
Planning Manager Innes presented the staff report.
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Mayor Kranz opened the public hearing at 9:50 p.m.
Brian Flynn representing SAFER presented the appeal.
Rick Price and Jeff Chine representing the applicant presented the project.
SPEAKERS:
Jamas Gwilliam spoke in support of the project.
Brian Flynn presented the appellant’s rebuttal.
Mayor Kranz closed the public hearing at 10:15 p.m.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to deny the appeal and adopt draft City Council Resolution No. 2023-99 titled, “A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Planning Commission’s Decision on June 15, 2023 Making the Required CEQA Findings and Approving a Density Bonus, Design Review Permit, Boundary Adjustment, and Coastal
Development Permit to Construct 202 Residential Units and Amenities, Including Grading, Site, and Landscaping Improvements and a Temporary Construction Trailer, and Consolidation of Four of the Six Underlying Legal Lots Resulting in Three Remaining Lots for the Property Located at 550 Encinitas Blvd. (CASE NO. MULTI-004979- 2021, DR-004980-2021, BADJ-004981-2021 AND CDP-004982-2021; APNs: 258-111-16, 258-130-45 & 258-130-34)”, affirming the Planning Commission’s decision to adopt Resolution No. PC-2023-14 approving the Density Bonus, Design Review Permit, Coastal Development Permit, and Boundary Adjustment with conditions.
Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes.
Nays: None. Absent: None.
10D. Application denial for the second year of the 2024 Moonlight Beach Half Marathon Major Special Event. Contact Person: Senior Management Analyst Gilliam
Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: Staff recommends that the City Council denies approval for the second year of the major special event for the 2024 Moonlight Beach Half Marathon (Half Marathon, 10K, and 5K) tentatively scheduled to be held on Sunday, March 17, 2024.
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Mayor Kranz announced that this item would be heard at a future City Council meeting.
10E. Public hearing to consider FY 2022-23 Block Grant (CDBG) Program Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development. Contact Person: Management Analyst Schubert Environmental Considerations: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
Recommended Action: 1) Approve the FY 2022-23 CAPER; and 2) Authorize the City Manager or designee to submit the FY 2022-23 CAPER to the U.S. Department of Housing and Urban Development (HUD).
Mayor Kranz announced that this item would be continued to a date certain of September 20, 2023.
11. INFORMATIONAL ITEMS
There were no informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member initiated items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF
Council Member Ehlers reported on an Encina Wastewater meeting.
Council Member Hinze reported on the appointment of the NCTD Interim Director and attending a San Diego Community Power meeting.
Deputy Mayor Lyndes reported on a San Diego County Water Authority meeting, her participation in the Oceanside Sand Nourishment and Retention Pilot Project, and the SANDAG Habitat Conservation Task Force.
Mayor Kranz reported that Hasan Ikrata, Executive Director of SANDAG will be retiring at the end of the year and also reported on the appointment of the new independent auditor Courtney Ruby.
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9/13/2023 Regular Meeting
9/13/2023 Regular Meeting Page 14 Mtg. #2023-____, Bk#39, Page __
14. CITY MANAGER REPORTS
City Manager Antil reported that Stonesteps repairs were complete and Stonesteps beach access was now open.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 10:21 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers
Deputy City Clerk
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