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MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING
OCTOBER 23, 2024, 6:00 P.M., 505 SOUTH VULCAN AVENUE
1. CALL TO ORDER
Mayor Kranz called the meeting to order at 6:00 p.m.
2. ROLL CALL
Present: Mayor Tony Kranz, Deputy Mayor Allison Blackwell, Council Members Bruce Ehlers, Kellie Shay Hinze, and Joy Lyndes
Absent: None
Also present: City Manager Antil, City Attorney Preziosi, Assistant Director of Development Services Colamussi, Principal Engineer Cabrera, Associate Planner Carr, 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 George Ray’s 100th Birthday.
Mayor Kranz presented the Proclamation to George Ray in recognition of his 100th Birthday.
4B. Presentation of Proclamation in recognition of Veteran’s Day.
Mayor Kranz presented the proclamation to Commander American Legion Foundation Ron Rodriguez, and American Legion Post Member Steve Lewandowski.
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.
US Ocean Conservation Manager Katie O’Donnell from WILDCOAST gave an overview of their activities, programs and current petitions before the California Fish and Game Commission.
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5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF
Linda Rose, Glen Medwid, Wendy Christensen, and Mark Christensen spoke regarding sober living houses in their neighborhood.
Fuchsia Saarinen spoke regarding bicycle safety.
Katie Poponyak and Madison Rapp spoke regarding Red Ribbon Week.
Caron Schrader and Patty Stottlemyer spoke regarding the Climate Action Plan.
Jim O’Hara and Luke Shaffer spoke regarding making L-7 a park.
Rachel Graves spoke regarding City Council vacancies.
Maria Ardantz spoke regarding the Housing Element.
Nick Cap spoke regarding the Santa Fe Drive corridor improvement projects.
Mark Miville spoke regarding various topics.
Lisa Provenzano spoke regarding various topics.
Ellen Burr spoke regarding the Parks, Recreation, and Cultural Arts Meeting, and the Affordable Housing Task Force Meeting.
Scott Campbell spoke regarding various topics.
Elena Thompson and Karen Kaden spoke regarding the Affordable Housing Task Force.
6. REPORT FROM CLOSED SESSION
City Attorney Preziosi reported that the City Council held a Closed Session at approximately 5:30 p.m., to discuss 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 item 8C had been removed from the Consent Calendar by a member of the public.
Council Member Lyndes announced that she was removing item 8D from the Consent Calendar.
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COUNCIL ACTION:
Hinze moved, Ehlers seconded to close and adopt the Consent Calendar with the exception of Items 8C and 8D. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None. Absent: None. Abstain: None.
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.
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
Recommended Action: Approve the Minutes.
8E. Treasurer’s Annual Report for the Fiscal Year Ended June 30, 2024 and Investment Policy. Contact Person: Finance Analyst Angelini 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) 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.” 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. 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.
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Recommended Action: 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. 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”). 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: 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).
9. ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
SPEAKER:
Glen Johnson spoke regarding this item.
Administrative Services Director Schwarm responded to the question from the speaker regarding a claim payment listed on the warrants list.
COUNCIL ACTION:
Kranz moved, Blackwell seconded to approve the warrants. Motion Carried. Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays:
None. Absent: None. Abstain: None.
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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.
Contact Person: Associate Planner Cadona
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.
Recommended Action: 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.
Council Member Lyndes and Council Member Ehlers asked clarifying questions regarding Task 1a of the Scope of Services.
Staff responded to questions from the Council regarding Scope of Services in Task 1a.
COUNCIL ACTION:
Ehlers moved, Lyndes seconded to 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. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None. Abstain: None.
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). Contact Person: Associate Planner Carr Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
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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.
Recommended Action: 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.
Associate Planner Carr presented the staff report and responded to preliminary questions from the Council.
COUNCIL DISCLOSURES OF ANY INFORMATION RECEIVED THAT IS NOT INCLUDED IN THE AGENDA PACKET:
Council Member Lyndes had no disclosures.
Council Member Ehlers disclosed that he was on the Planning Commission when the original EIR was approved in 2019.
Council Member Hinze disclosed that she was on the City Council when the original EIR was approved and previously met with the applicant and did a site visit.
Deputy Mayor Blackwell had no disclosures.
Mayor Kranz disclosed that he participated in the original appeal as a member of the City Council.
Mayor Kranz called the meeting into recess at 7:54 p.m., and reconvened the meeting at 8:08 p.m.
Mayor Kranz opened the public hearing at 8:13 p.m.
Chris Ross and David Hill, representing the appellant Batiquitos Lagoon Foundation, presented the appeal.
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Morgan Gallagher, representing the applicant, Toll Brothers presented the project.
SPEAKERS:
Dennis Kaden and Dolores Welty spoke in opposition to the recommended action.
Jeff Regan, Craig Rossell, and Karen Kaden registered opposition to the recommended action, but chose not to speak.
Morgan Gallagher, representing the applicant, Toll Brothers, presented the applicant’s rebuttal.
David Hill and Craig Rossell, representing the Batiquitos Lagoon Foundation, presented the appellant’s rebuttal.
Mayor Kranz closed the public hearing at 8:44 p.m.
Development Services Staff responded to questions from the Council.
City Attorney Preziosi clarified what the appeal was limited to and responded to questions from the Council.
Mayor Kranz reopened the public hearing at 9:10 p.m.
Morgan Gallagher, representing the applicant, Toll Brothers, responded to questions from the Council.
Mayor Kranz closed the public hearing at 9:21 p.m.
Mayor Kranz reponed the public hearing at 9:26 p.m.
Morgan Gallagher, representing the applicant, Toll Brothers, responded to additional questions from the Council.
Mayor Kranz closed the public hearing at 9:27 p.m.
COUNCIL ACTION:
Hinze moved, Ehlers seconded to 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 Docusign Envelope ID: E00779DA-23C1-4DC3-8C57-DFFF5900D3DC
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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. Motion Carried.
Ayes: Blackwell, Ehlers, Hinze, Kranz, and Lyndes. Nays: None.
Absent: None. Abstain: None.
There was consensus from the City Council to send a letter to Carlsbad’s Mayor regarding this project and for the Mayor to work with the City Manager to identify other agencies and stakeholders.
11. INFORMATIONAL ITEMS
There were no Informational items.
12. COUNCIL MEMBER INITIATED AGENDA ITEM
There were no Council Member Initiated Agenda items.
13. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC 53232.3(d)) / POSSIBLE DIRECTION TO STAFF.
Council Member Lyndes reported on an Encina Wastewater Authority Board meeting, a SANDAG Meeting, a San Diego County Water Authority Board meeting, and a LOSSAN Board meeting. She also announced she was elected Secretary of the San Diego County Water Authority Board.
Council Member Ehlers reported on an Encina Wastewater Authority Board meeting.
Council Member Hinze reported on an NCTD meeting.
Deputy Mayor Blackwell reported on attending the League of California Cities Annual meeting.
Mayor Kranz reported on being a panelist for the Climate Action symposium regarding electrification and had the opportunity to provide a tour of the City for Civil Servants visiting from Hawaii.
14. CITY MANAGER REPORTS
City Manager Antil reported on two upcoming Dia De Los Muertos workshops at Pacific View Arts Center and that registration was available online.
15. CITY ATTORNEY REPORTS
No City Attorney Report was given.
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City Clerk Hollywood reported on the upcoming November 5, 2024, Election and announced the local locations available to drop off ballots and locations for in- person voting. For more information, residents can contact the San Diego County Registrar of Voters website www.sdvote.com .
16. ADJOURNMENT
Mayor Kranz adjourned the meeting at 9:46 p.m.
_________________________ ____________________________ Kathy Hollywood, City Clerk Tony Kranz, Mayor
By: Pete Weichers, Deputy
City Clerk
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