Agenda, first session — Encinitas City Council, November 13, 2024

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

AGENDA
WEDNESDAY, NOVEMBER 13, 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 honor of Native American Heritage Month 2024-11-13 Item 04A Proclamation in Honor of Native American Heritage Month 4B.

Presentation of Proclamation in honor of Denise Stillinger, 2024 MiraCosta College Philanthropist of the Year 2024-11-13 Item 04B Proclamation in honor of Denise Stillinger

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. 2024-11-13 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 16, 2024, Regular Meeting; October 23, 2024, Special-Closed Session Meeting; and October 23, 2024, Regular Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-11-13 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. 2024-11-13 Item 08C Approval of Warrants List
8D.

Engineering Design and Plans for the Bollards and Rumble Strip Installation at the North Coast Highway 101 and El Portal Intersection. Environmental Considerations: The project is exempt from the California Environmental Quality Act (CEQA), pursuant to Sections 15311 and 15304(e) of the CEQA Guidelines. Section 15311 exempts the construction and replacement of minor structures. Section 15304(e) exempts the temporary construction staging area for the duration of the project. The project is consistent with the CEQA exemption criteria. In addition, none of the exceptions listed in Section 15300.2 exist for the proposed project. Contact Person: City Traffic Engineer Bandegan 1) Approve the plans for Bollards and Rumble Strip Installation at the North Coast Highway 101 and El Portal Intersection; and 2) Adopt Resolution No. 2024-122 titled, "Resolution of the City Council of the City of Encinitas Approving Engineering Design and Plans for Bollards and Rumble Strip Installation at the North Coast Highway 101 and El Portal Intersection, pursuant to Government Code Section 830.6." 2024-11-13 Item 08D El Portal Bollard Installation Design Immunity 2024-11-13 Item 08D El Portal Bollard Installation Design Immunity - Public Comment 8E.

Approval of a Memorandum of Understanding between the City of Encinitas and Citizens Climate Lobby San Diego North for a community special event at the Encinitas Community & Senior Center. 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 Manager Najera Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) between the City of Encinitas and Citizens Climate Lobby San Diego North (CCLSDN) in substantial form, in consultation with the City Attorney, to host the Home Electrification Fair on Saturday, February 22, 2025, at Encinitas Community & Senior Center from 10:00 a.m. to 1:00 p.m. 2024-11-13 Item 08E MOU Home Electric Fair
8F.

City of Encinitas Quality Assurance Plan for project construction. 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: Principal Engineer Widelski Review and approve the City of Encinitas Quality Assurance Plan (QAP) in substantial form for project construction. 2024-11-13 Item 08F Updated QAP
8G.

Award Construction Contract for the Citywide Leading Pedestrian Intervals (LPI) Project (CS22B). Environmental Considerations: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c), which categorically exempts minor alterations to existing public streets, sidewalks, gutters, and similar facilities, including the replacement or reconstruction of existing structures and facilities. This exemption includes improvements, such as pedestrian crossings, and other similar alterations that do not create additional automobile lanes.

Implementation of LPI operations modifies operations at existing signalized intersections to provide pedestrian safety enhancements. LPI is also considered a Vehicle Miles Traveled (VMT) reduction measure because it provides pedestrian network improvements. The proposed improvements are minor alterations to existing infrastructure and meet the criteria for this exemption. Contact Person: Associate Traffic Engineer II Edgeworth 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 Bear Electrical Solutions, LLC, in the amount of $1,258,298 plus 10 percent contingency of $125,830 for a total construction contract not-to-exceed amount of $1,384,128 for construction of the Citywide Leading Pedestrian Intervals (LPI) Project (CS22B); 2) Authorize the City Manager, or designee, to accept and administer additional state grant funding from the Highway Safety Improvement Program for the Citywide Leading Pedestrian Intervals (LPI) Project (CS22B); and 3) Adopt City Council Resolution No. 2024-127, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" to appropriate $322,628 to the Citywide Leading Pedestrian Intervals (LPI) Project (CS22B). 2024-11-13 Item 08G Award LPI (CS22B) Contract
2024-11-13 Item 08G Award LPI (CS22B) Contract - Public Comment

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 (ITEMS 10A and 10B): 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. 8E.

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.
1) Public hearing to consider a timely-filed appeal (Case No. APPEAL-007599-2024) of the Planning Commission’s approval of a density bonus, tentative map, design review permit, and coastal development permit authorizing the demolition of all onsite structures; the subdivision of seven existing parcels into 30 single-family lots, one private road lot, one park lot, one Homeowners’ Association lot, and two best management practices (BMP) lots for stormwater collection; the construction of 30 new single-family homes (27 market-rate units and three very-low affordable units); the installation of associated landscape, utility, drainage, stormwater, and site improvements; and a temporary construction trailer located at 1220, 1230, 1234, and 1240 Melba Road, and 1180 and 1190 Island View Lane (APNs 259-180-09, -10, 16, and -33, 259-181-02, -03, and -04); and 2) Modification of the Public Road Standards to allow improvements to Melba Road shown as Option B in the project plans. Environmental Considerations: An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project in accordance with the California Environmental Quality Act (CEQA). The draft EIR was published for a 45-day public review period from April 12, 2024, to May 28, 2024. Comments received during the public review period and corresponding responses are included in the Final EIR (Attachment CC-5). No responses were received from Federal or State agencies. Responses were received from one organization (Melba Alliance for a Safe and Healthy Environment (MASHE); and 19 individuals (several of whom submitted multiple comment letters). Following close of the EIR public review period, one additional letter was received from an individual.

Through the analysis provided in the EIR, it was determined that the project would result in significant environmental impacts, for the categories identified below, unless mitigation measures are incorporated to reduce the environmental impacts to less than significant levels:
* Biological Resources
* Cultural Resources
* Geology and Soils
* Hazards/Hazardous Materials
* Noise
* Tribal Cultural Resources
The Planning Commission adopted Resolution No. PC 2024-21 to certify the Final EIR, make required Findings of Fact, and adopt the Mitigation, Monitoring and Reporting Program (MMRP). The project is required to comply with the mitigations identified in the EIR and the MMRP. Contact Person: Project Planner Dichoso 1) Deny the appeal and adopt draft City Council Resolution No. 2024-124 titled, "A Resolution of the City Council of the City of Encinitas, California Denying the Appeal Filed by Melba Alliance for a Safe and Healthy Environment of and Affirming the Planning Commission's Decision Certifying a Final Environmental Impact Report, Adopting the Findings of Fact, and Adopting the Mitigation Monitoring and Reporting Program, All in Accordance with the California Environmental Quality Act (CEQA); and Approving a Density Bonus, Tentative Map, Design Review Permit, and Coastal Development Permit for the Demolition of All Onsite Structures; the Subdivision of Seven Existing Parcels into 30 Single-Family Lots, One Private Road Lot, One Park Lot, One Homeowners' Association Lot, and Two Best Management Practices (BMP) Lots for Stormwater Collection; the Construction of 30 New Single-Family Homes (27 Market-Rate Units and Three Very-Low Affordable Units); the Installation of Associated Landscape, Utility, Drainage, Stormwater, and Site Improvements for the Property Located at 1220, 1230, 1234, 1240 Melba Road, and 1180 and 1190 Island View Lane (CASE NOS. APPEAL-007599-2024, MULTI-004309-2021, SUB-004310-2021, DR-004311-2021, CDP-004312-2021; APNS: 259-180-09, -10, -16, AND -33, 259-181-02, -03, AND 04)" affirming the Planning Commission's decision to adopt Resolution No. 2024-20 approving the density bonus, tentative map, design review permit, and coastal development permit (Case Nos. MULTI-004309-2021, SUB-004310-2021, DR-004311-2021, CDP-004312-2021) with conditions, and Resolution No.2024-21 certifying the Environmental Impact Report, adopting the findings of facts, and adopting the Mitigation Monitoring Reporting Program; and 2) Should the appeal be denied, adopt draft City Council Resolution No. 2024-129 titled "A Resolution of the City Council of the City of Encinitas, California Authorizing the Modification of the Public Road Standards for Improvements to Melba Road Shown as Option B in the Project Plans for the Project Located at 1220, 1230, 1234, 1240 Melba Road, and 1180 and 1190 Island View Lane (CASE NOS. MULTI-004309-2021, SUB-004310-2021, DR-004311-2021, CDP-004312-2021; APNS: 259-180-09, -10, -16, AND -33, 259-181-02, -03, AND 04)" authorizing the modification of the Public Road Standards for improvements to Melba Road shown as Option B of the project plans. 2024-11-13 Item 10A Torrey Crest Appeal - Agenda Report 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 1 Proposed City Council Resolution No. 2024-124 (Appeal Denial) 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 2 Planning Commission Resolution 2024-20 Torrey Crest 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 3 Planning Commission Resolution 2024-21 Torrey Crest (Final EIR) 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 4 Proposed City Council Resolution No. 2024-129 (Option B) 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 5 Final Enviornmental Impact Report 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 6 Planning Commission Agenda Report 9-5-2024 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 7 Planning Commission Agenda Report 9-19-2024 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 8 Appeal - Minster-Torrey Crest and Attachments 24-9-30 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 9 Geotechnical Engineer Response 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 10 Public Notice (Torrey Crest) 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 11 Public Correspondence 2024-11-13 Item 10A Torrey Crest Appeal - Attachment 12 Appellant and Applicant Presentations and Supplemental Materials 2024-11-13 Item 10A Torrey Crest Appeal - Memo to City Council 11-12-2024 & Supporting Documents 2024-11-13 Item 10A Torrey Crest Appeal - Public Comment Received After Posting 10B.

Public Hearing to consider a timely-filed appeal of the Development Services Director’s approval of a time extension for the Clark Avenue Apartments project that approved a 199-unit residential development with associated site improvements. CASE NOS.: MULTI-007384-2024, EXT-007415-2024, CDPNF-007414-2024; LOCATION: 662, 672, & 682 Clark Avenue and 556 Union (APNs: 256-171-25). Environmental Considerations: The extension of time has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3). This section exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project was determined to be 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 Clark Avenue Apartment project is statutorily exempt from CEQA in that it 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), proposes that 40 of 199 units, exclusive of additional units provided by a density bonus, will be affordable to lower income households; and does not require a subdivision. There are no proposed changes to the project as originally approved. Contact Person: Senior Planner Bustamante Deny the appeal and adopt the draft City Council Resolution No. 2024-123 titled, "A Resolution of the City Council of the City of Encinitas, California, Denying an Appeal and Affirming the Determination of the Director of Development Services to Grant an Extension of Time to Extend the Expiration of the Approval of Case No. MULTI-004609-2021, Located at 662, 672, and 682 Clark Avenue and 556 Union Street" affirming the Development Services Director's decision to approve an extension of time. 2024-11-13 Item 10B Clark Ave Apartments Appeal - Agenda Report 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 1 Draft City Council Resolution No. 2024-123 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 2 Time Extension Application 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 3 Time Extension Notice of Decision 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 4 Appeal 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 5 AB 2729 2024-11-13 Item 10B Clark Ave Apartments Appeal - Attachment 6 Time Extension Public Notice 2024-11-13 Item 10B Clark Ave Apartments Appeal - Public Comment 10C.

SANDAG Update on the Batiquitos Lagoon Double Tracking Project, and Requests related to City-Owned Parcels at La Costa Avenue and N. Coast Highway 101. 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. SANDAG has filed a Notice of Exemption for the BLDT project, State Clearing House Number 2024061076. Contact Person: Director of Engineering Bankston 1) Receive Update from SANDAG on the Batiquitos Lagoon Double Tracking Project (BLDT); 2) Authorize SANDAG access to the BLDT project site on North County Transit District (NCTD) parcels through City-owned Parcels at La Costa Avenue and N. Coast Highway 101, which would eliminate the need for a large retaining wall and allow for revegetation of NCTD land adjacent to the City's parcels; 3) Approve SANDAG's offer to complete site improvements as mitigation for community impacts and authorize staff to negotiate an MOU reflecting this agreement; 4) Consider SANDAG's request to stage construction materials and equipment on the City-owned Parcels at La Costa Avenue and N. Coast Highway 101; and 5) Consider SANDAG's request for non-standard construction hours. 2024-11-13 Item 10C SANDAG BLDT & City Parcels
2024-11-13 Item 10C SANDAG BLDT & City Parcels - Updated 11-12-2024 2024-11-13 Item 10C SANDAG BLDT & City Parcels - Public Comment 10D.

Relocation of Encinitas Fire Station #1 from 415 Second Street to a temporary fire station at the Pacific View Cultural Arts Center Property located at 608 Third Street. Environmental Considerations: The project proposes the temporary location of a fire support trailer and garage on a developed site. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15269(c), 15301(b), 150303(c),15303 (e) and 15303 (f), the project would be exempt from environmental review. The relocation of Fire Station #1 is necessary to address an emergency at the current location due to seismic safety conditions of the existing building consistent with Section 15269(c) of the CEQA Guidelines. The project is consistent with Section 15301(b) because it is located on a developed site with existing parking and utilities such as gas, sewer, water and electrical amenities. The project is also consistent with Section 150303(c) because the total floor area of the two (2) temporary buildings is less than the maximum 10,000-square foot floor area allowed under the exemption. Section 15303(e) exempts accessory (appurtenant) structures such as a garage. Section 15304(f) exempts minor trenching conducted to connect to existing underground offsite utilities and the surface would be restored. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. Contact Person: Fire Chief Gordon 1) Approve the Emergency Declaration for construction of a temporary Fire Station #1; 2) Approve the temporary relocation of Encinitas Fire Station #1 from its current location at 415 Second Street to a temporary facility at the Pacific View Cultural Arts Center property located at 608 Third Street and provide direction on the Northwest or Southeast site options; 3) Adopt Resolution No. 2024-130, titled "A Resolution of the City Council of the City of Encinitas, California, Amending the Fiscal Year 2024-25 Budget" to appropriate $1.9M to the Emergency Fire Station #1 Relocation (CF25A) Project; and 4) Authorize the City Manager or her designee, in coordination with the City Attorney, to execute Amendment No. 4 to the Agreement with Michael Baker International, in substantial form, to add $250,000 to the engineering design consultant agreement for a new not-to-exceed contract amount of $750,000. 2024-11-13 Item 10D Fire Station 1 Emergency Relocation_Part1 Pages 1-200 2024-11-13 Item 10D Fire Station 1 Emergency Relocation_Part2 Pages 201-400 2024-11-13 Item 10D Fire Station 1 Emergency Relocation_Part3 Pages 401-592

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
10A.
1) Public hearing to consider a timely-filed appeal (Case No. APPEAL-007599-2024) of the Planning Commission’s approval of a density bonus, tentative map, design review permit, and coastal development permit authorizing the demolition of all onsite structures; the subdivision of seven existing parcels into 30 single-family lots, one private road lot, one park lot, one Homeowners’ Association lot, and two best management practices (BMP) lots for stormwater collection; the construction of 30 new single-family homes (27 market-rate units and three very-low affordable units); the installation of associated landscape, utility, drainage, stormwater, and site improvements; and a temporary construction trailer located at 1220, 1230, 1234, and 1240 Melba Road, and 1180 and 1190 Island View Lane (APNs 259-180-09, -10, 16, and -33, 259-181-02, -03, and -04); and 2) Modification of the Public Road Standards to allow improvements to Melba Road shown as Option B in the project plans. Environmental Considerations: An Environmental Impact Report (EIR) was prepared to analyze the potential environmental effects of the project in accordance with the California Environmental Quality Act (CEQA). The draft EIR was published for a 45-day public review period from April 12, 2024, to May 28, 2024. Comments received during the public review period and corresponding responses are included in the Final EIR (Attachment CC-5). No responses were received from Federal or State agencies. Responses were received from one organization (Melba Alliance for a Safe and Healthy Environment (MASHE); and 19 individuals (several of whom submitted multiple comment letters). Following close of the EIR public review period, one additional letter was received from an individual.

16. ADJOURNMENT - THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON NOVEMBER 20, 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.

Encinitas City CouncilNovember 13, 2024

Encinitas City Council
November 13, 2024