City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, OCTOBER 23, 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 Proclamation in recognition of George Ray’s 100th Birthday 2024-10-23 Item 04A Proclamation George Ray’s 100th birthday 4B.
Presentation of Proclamation in recognition of Veteran’s Day 2024-10-23 Item 04B Veteran’s Day Proclamation
4C.
An informational presentation by WILDCOAST to discuss their petition request made before the California Fish and Game Commission, to move the Swami’s Marine Conservation Area (SMCA) Marine Protect Area (MPA) boundary south, to the City of Encinitas/Solana Beach coastal border at South Cardiff State Beach 2024-10-23 Item 04C WILDCOAST Presentation
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. 2024-10-23 Item 05 Oral Communication 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. 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 October 9, 2024, Special-Closed Session Meeting; and October 9, 2024, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-10-23 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. 2024-10-23 Item 08C Approval of Warrants List
8D.
Professional Consultant Services Agreement between the City of Encinitas and SWCA Environmental Consultants to provide natural resources and public outreach services for the development of a native plant ordinance. 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 involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. Environmental review would be determined and conducted prior to the adoption of any resulting ordinance. Contact Person: Associate Planner Cadona Authorize the City Manager, in coordination with the City Attorney, to execute a Professional Consultant Services Agreement, in substantial form, for natural resources and public outreach services with SWCA Environmental Consultants, in an amount not-to-exceed $150,000. 2024-10-23 Item 08D Native Plant Ordinance- Professional Consultant Services Agreement 2024-10-23 Item 08D Native Plant Ordinance- Professional Consultant Services Agreement - Staff Presentation 8E.
Treasurer’s Annual Report for the Fiscal Year Ended June 30, 2024 and Investment 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: Finance Analyst Angelini 1) Receive and file the Treasurer's Report for the Fiscal Year Ended June 30, 2024; and 2) Adopt Resolution No. 2024-82, titled "A Resolution of the City Council of the City of Encinitas, California, Approving the Statement of Investment Policy for the Fiscal Year 2024-25, and Delegating the Authority to Invest City Funds to the Treasurer." 2024-10-23 Item 08E Treasurer’s Annual Report June 30, 2024 and Investment Policy 8F.
Adopt Side Letter Agreement with Encinitas Battalion Fire Chiefs’ Association (hereafter, EBFCA) authorizing employee contributions to IAFF Medical Expense Reimbursement Plan (hereafter, IAFF MERP) of the Washington State Council of Fire Fighters Employee Benefit Trust. 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: Administrative Services Manager Chapman 1) Adopt the Side Letter Agreement to Memorandum of Understanding, effective July 1, 2023 through June 30, 2027 between Encinitas Battalion Fire Chiefs' Association (EBFCA), IAFF 5376, authorizing employee contributions to IAFF MERP; and 2) Adopt Joinder Agreement between the Encinitas Battalion Fire Chiefs' Association, IAFF5376 and IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust. 2024-10-23 Item 08F EBFCA Side Letter Agreement for IAFF MERP 8G.
Adopt Side Letter Agreement with Encinitas Firefighter’s Association (hereafter, EFFA) authorizing a change in vendor for Retirement Health Savings (RHS) plan contributions from Mission Square to the IAFF Medical Expense Reimbursement Plan (hereafter "IAFF MERP"). 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: Administrative Services Manager Chapman 1) Adopt the Side Letter Agreement to Memorandum of Understanding, effective January 1,2022 through December 31, 2025 between the City of Encinitas and the Encinitas Firefighter's Association (EFFA), IAFF 3787, authorizing contributions to IAFF MERP; and 2) Adopt Joinder Agreement between the Encinitas Firefighters Association (EFFA) and IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (Trust). 2024-10-23 Item 08G EFFA Side Letter Agreement for IAFF MERP
9. ITEMS REMOVED FROM THE CONSENT CALENDAR Staff reports will be given only if requested by the person who pulled the item.
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. 8D.
Professional Consultant Services Agreement between the City of Encinitas and SWCA Environmental Consultants to provide natural resources and public outreach services for the development of a native plant ordinance. 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 involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. Environmental review would be determined and conducted prior to the adoption of any resulting ordinance. Contact Person: Associate Planner Cadona Authorize the City Manager, in coordination with the City Attorney, to execute a Professional Consultant Services Agreement, in substantial form, for natural resources and public outreach services with SWCA Environmental Consultants, in an amount not-to-exceed $150,000.
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. 10A.
Public Hearing to consider a timely-filed appeal (Case No: APPEAL-007531-2024) of the Planning Commission’s approval of a design review permit (DR) and coastal development permit (CDP) authorizing the construction of 42 single-family homes with associated landscaping, trail, and site improvements, and the placement of a temporary construction trailer at the site located at 2004-2094 Pearl Street (formerly 510, 512, 514 La Costa Avenue). Environmental Considerations: In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was previously certified for the project, and the conclusions of the EIR remain unchanged. Additionally, none of the conditions described in Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent EIR or subsequent mitigated negative declaration have occurred. Contact Person: Associate Planner Carr Deny the appeal and adopt draft City Council Resolution No. 2024-119 titled, "A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Planning Commission's Decision Approving a Design Review Permit and Coastal Development Permit for the Construction of 42 Single Family Homes, Landscaping, Trail Improvements, Site Improvements, and Placement of a Temporary Construction Trailer Located at 2004-2094 Pearl Street (Formerly 510, 512, 514 La Costa Avenue) (CASE NOS. APPEAL-007531-2024; MULTI-005230-2022; DR-005232-2022; CDP-005231-2022; APNS: 216-030-10-00; 216-030-45-00; 216-030-46-00)" affirming the Planning Commission's decision to adopt Resolution No. 2024-15 approving the design review permit and coastal development permit, (Case Nos. MULTI-005230-2022; DR-005232-2022; CDP-005231-2022) with conditions. 2024-10-23 Item 10A La Costa 48 Appeal - Agenda Report
2024-10-23 Item 10A La Costa 48 Appeal - Attachment 01 Resolution No. 2024-119 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 02 Planning Commission Resolution No. 2019-08 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 03 Planning Commission Resolution No. 2019-09 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 04 City Council Resolution 2019-027 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 05 Planning Commission Resolution No. 2022-11 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06a Planning Commission Agenda Report 8A 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06b Planning Commission Agenda Report 8A_PC-6 Public Comment 8-21, 8-22 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06c Planning Commission Agenda Report 8A_PC-7 Project Drawings 1 of 3 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06d Planning Commission Agenda Report 8A_PC-7 Project Drawings 2 of 3 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06e Planning Commission Agenda Report 8A_PC-7 Project Drawings 3 of 3 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06f Planning Commission Agenda Report 8A_PC-9 Design Standard Compliance 1 of 2 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 06g Planning Commission Agenda Report 8A_PC-9 Design Standard Compliance 2 of 2 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 07 Planning Commission Resolution No. 2024-15 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 08 Appeal Application and Attachments 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 09 Public Notice 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 10a Appellant Cover Letter 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 10b Appellant Data Report 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 10c Appellant Data Results 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 10d Appellant Presentation 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 10e Applicant Response letter 2024-10-23 Item 10A La Costa 48 Appeal - Attachment 11 Public Correspondence 2024-10-23 Item 10A La Costa 48 Appeal - Public Comment 2024-10-23 Item 10A La Costa 48 Appeal - Staff Presentation
11. INFORMATIONAL ITEMS – NONE 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.
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 NOVEMBER 13, 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.