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Agenda, second session

Encinitas City Council
February 14, 2024

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Agenda, second session
Meeting
February 14, 2024
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Encinitas City Council
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Text extracted from the city's file for reading and search. Open the original on encinitas.granicus.com. That file is the official record.

City of Encinitas
Regular City Council Meeting - 6:00 p.m.

AGENDA
WEDNESDAY, FEBRUARY 14, 2024 -

06:00 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
4A.

Presentation of Black History Month Proclamation
2024-02-14 Item 04A Black History Month Proclamation

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.  Time donations are not permitted during Oral Communications. Oral Communication items will be referred to the City Manager either for resolution by administrative action or placement on a future agenda. 2024-02-14 Item 05 Oral Communications

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.  A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.  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 the Minutes of the January 17, 2024, Regular Meeting; January 24, 2024, Special Closed Session Meeting; and January 24, 2024, Regular Meeting.  Contact Person:  City Clerk Hollywood Approve the Minutes.
2024-02-14 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. 2024-02-14 Item 08C Approval of Warrants List
8D.

Authorization to purchase traffic signal equipment for the Highway Safety Improvement Program (HSIP) Cycle 10 Citywide Leading Pedestrian Intervals (LPI) Project (Project No. CS22B).  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.  Contact Person: Engineer II Edgeworth Authorize the procurement and approve the sole source purchase of traffic signal equipment in the amount of $321,265 for the Citywide Leading Pedestrian Intervals Project (Project No. CS22B). 2024-02-14 Item 08D Auth to Purchase of Traffic Eqpt for LPI Project (CS22B) 8E.

Acceptance of the 1711 Eolus Avenue and Loch Lomond Drive Storm Drain Repair Projects (CD05E).  Environmental Considerations:  The actions being considered by the City Council are 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.  Contact Person: Engineer I Suleiman 1) Authorize the filing of the Notices of Completion for the subject projects; 2) Authorize the release of the payment bonds for the applicable subject projects in full upon the recording of the Notice of Completion; 3) Authorize the release of performance bonds for the applicable subject projects in full one (1) year after the recording of the Notices of Completion; 4) Adopt City Council Resolution No. 2024-018, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the 1711 Eolus Avenue Storm Drain Repair (CD05E)"; and 5) Adopt City Council Resolution No. 2024-019, titled "A Resolution of the City Council of the City of Encinitas, California, Accepting the Public Improvements for the Loch Lomond Drive Storm Drain Repair (CD05E)." 2024-02-14 Item 08E  NOC’s for the 1711 Eolus Avenue and Loch Lomond Drive Storm Drain Repair Projects 8F.

Legislative position letter submitted to City Council for support.  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.  Contact Person: Assistant City Manager Campbell.

Approve Support Letter for SB 689 - Local Coastal Program: Bicycle Lane (Blakespear). 2024-02-14 Item 08F Legislative Position Letter SB 689
2024-02-14 Item 08F Legislative Position Letter SB 689 - Public Comments 8G.

Grant application for the Cardiff State Beach Living Shoreline project to allow continued support for long-term maintenance, monitoring and permitting requirements on this reach of coastline.  Environmental Considerations:  The action being considered by the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines because it is not a "project" as per Section 15378(b)(5). The action authorizes staff to implement an organizational or administrative activity of government that by itself will not result in a direct or indirect physical change in the environment.  Contact Person: Costal Zone Administrator Mireau Authorize the City Manager, or designee, to apply for funding from the State Coastal Conservancy to obtain the necessary permits and to allow additional maintenance and monitoring at the Cardiff State Beach Living Shoreline project. 2024-02-14 Item 08G State Coastal Conservancy Grant for Cardiff State Beach Living Shoreline 8H.

Grant application for the Energy Efficiency and Conservation Block Grant Program.  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.  Contact Person: Sustainability/Coastal Aide Stoner-Osborn Authorize the City Manager, or designee, to apply for pre-allocated, non-competitive funding from the Energy Efficiency and Conservation Block Grant (EECBG) Program and utilize the funds to complete a Microtransit Study. 2024-02-14 Item 08H Authorize Grant Application for EECBG Program 8I.

Emergency Declaration: Sediment cleanup from the Manchester Culvert to the San Elijo Lagoon.  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.  Contact Person: Senior Management Analyst Elmore Authorize emergency dredging of Storm Drainage System under the Emergency Declaration. 2024-02-14 Item 08I Emergency Declaration 12524
2024-02-14 Item 08I Emergency Declaration 12524 - Public Comment

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.  A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.

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 a timely-filed appeal of a Director’s Determination to require a Coastal Development Permit for the reconstruction of the fire-destroyed residential structure located on blufftop property and that the Coastal Bluff Overlay Zone regulations supersede the legal nonconforming regulations.  CASE NO.: APPEAL-006885-2024; LOCATION: 1478 and 1480 Neptune Avenue (APN 254-040-26).  Environmental Considerations:  The timely-filed appeal is not subject to environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(3) because the activity in question is not a project as defined by CEQA Guidelines Section 15378. The appeal involves consideration of a Director’s Determination on application of the Zoning Regulations only and does not take action on, or authorize issuance of, a permit or an entitlement for a project.

Contact Person:  Senior Planner Dichoso
Deny the appeal of the Director's Determination and adopt draft City Council Resolution No. 2024-16 titled, "A Resolution of the City of Encinitas City Council Denying an Appeal and Affirming a Director's Determination for the Property Located at 1478 and 1480 Neptune Avenue (CASE NO. APPEAL-006885-2024; APN: 254-040-26)", affirming the Director's Determination made on December 7, 2023. 2024-02-14 Item 10A Neptune Appeal - Agenda Report
2024-02-14 Item 10A Neptune Appeal - Attachment 1 - Resolution 2024-16 2024-02-14 Item 10A Neptune Appeal - Attachment 2 EMC 30.80.050 Exempt Development Projects 2024-02-14 Item 10A Neptune Appeal - Attachment 3 EMC 30.34.020 Coastal Bluff Overlay Zone 2024-02-14 Item 10A Neptune Appeal - Attachment 4 EMC 30.76.120 Remodeling or Reconstruction of Residential Buildings with Structural_Use Nonconformity 2024-02-14 Item 10A Neptune Appeal - Attachment 5 PC Reso 2023-21 CDP 005992-2023 (1478 Neptune - Robley Demo) 2024-02-14 Item 10A Neptune Appeal - Attachment 6 Appeal filed on behalf of Chad Robley, with attachments 2024-02-14 Item 10A Neptune Appeal - Attachment 7 006885-2024 APPEAL (Robley Appeal) CC Legal 2024-02-14 Item 10A Neptune Appeal - Attachment 8 Pub Res Code Section 30610 2024-02-14 Item 10A Neptune Appeal - Attachment 9 Coastal Memo 2024-02-14 Item 10A Neptune Appeal - Attachment 10 Letter to City re Appeal of Staff Determination 2024-02-14 Item 10A Neptune Appeal - Public Comments
10B.

Update City Council on the City-owned site at 634 Quail Gardens Drive ("L-7") of the Notice of Availability (NOA) sent out pursuant to Surplus Land Act (SLA) and City Council direction on proposed 100 percent affordable housing development scenarios and initiating outreach efforts.  Environmental Considerations:  The action before the City Council is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines since the action is not a "project" pursuant to Section 15378(b)(5). The action is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.  Contact Person: Policy and Housing Manager Anders Receive the update and provide direction to staff for a specific development scenario and initiating outreach efforts for a 100 percent affordable housing project at the property located at 634 Quail Gardens Drive. 2024-02-14 Item 10B Quail Gardens L-7 Update
2024-02-14 Item 10B Quail Gardens L-7 Update - Public Comments 2024-02-14 Item 10B Quail Gardens L-7 Update - Staff Presentation 10C.

Consideration of Revisions to the Community Grant Program Policy.  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.  Contact Person: Management Analyst Fisher Review and adopt the revisions to Administrative Policy No. C020 Community Grant Program. 2024-02-14 Item 10C Community Grant Program Policy Revisions 2024-02-14 Item 10C Community Grant Program Policy Revisions - Public Comments 2024-02-14 Item 10C Community Grant Program Policy Revisions - Staff Presentation

11. INFORMATIONAL ITEMS - To speak on informational items, please submit a "PINK" speaker slip to the City Clerk.  Each speaker is allowed three (3) minutes to address the City Council.  A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present. 11A.

Streetscape and Drainage Update.  Contact Person: Principal Engineer Widelski Receive the oral report and possible direction to Staff. 2024-02-14 Item 11A Streetscape and Drainage Update - Public Comments 2024-02-14 Item 11A Streetscape and Drainage Update - Staff Presentation

12. COUNCIL MEMBER INITIATED AGENDA ITEM – NONE  To speak on Council Initiated Items, please submit a “PINK” speaker slip to the City Clerk.  Each speaker is allowed three (3) minutes to address the City Council.  A maximum of two time donations per speaker is allowed (no more than 9 minutes total); the person donating time must be present.

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 FEBRUARY 21, 2024 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.

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