City of Encinitas
Regular City Council Meeting - 6:00 p.m.
AGENDA
WEDNESDAY, NOVEMBER 20, 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 – NONE
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. 2024-11-20 Item 05 Oral Communication Received
6. REPORT FROM CLOSED SESSION (IF HELD)
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.
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 November 13, 2024, Special-Closed Session Meeting. Contact Person: City Clerk Hollywood Approve the Minutes.
2024-11-20 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. 2024-11-20 Item 08C Approval of Warrants List
8D.
Adopt Side Letter Agreement with Encinitas Battalion Fire Chiefs’ Association (hereafter, EBFCA) authorizing an amendment in the language to the MOU (2023-2027) Article 12. Clothing Allowance, Section 12.2 Uniforms. 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: Human Resources Analyst III Wecker Adopt the Side Letter Agreement to current Memorandum of Understanding 2023 to 2027 between the City of Encinitas and Encinitas Battalion Fire Chiefs' Association (EBFCA), IAFF 5376. 2024-11-20 Item 08D EBFCA Side Letter Agreement for Uniform Allowance 8E.
Adopt the Side Letter Agreement with Encinitas Firefighter’s Association Memorandum of Understanding (EFFA MOU) authorizing an amendment in the language to the MOU (2022-2025) and prior MOU (2018-2021) Article 14. Clothing Allowance, Section 14.2 Uniforms. 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: Human Resources Analyst III Wecker Adopt the Side Letter Agreement to Memorandum of Understanding 2018 to 2021 and 2022 to 2025 between the City of Encinitas and the Encinitas Firefighter's Association (EFFA), IAFF 3787. 2024-11-20 Item 08E EFFA Side Letter Agreement for Uniform Allowance 8F.
Acceptance of a public art sculpture donation from artist Maidy Morhous. 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: Arts Division Manager Murphy City Council to review the recommendation by the Commission for the Arts along with the public survey results and accept the donation of public art by artist Maidy Morhous for installation at Pacific View Arts Center under the pergola. 2024-11-20 Item 08F Public Art Sculpture Donation Acceptance From Maidy Morhous 8G.
Public Art Sculpture Loan Acceptance. 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: Arts Division Manager Murphy 1) City Council to review the Commission for the Arts public art sculpture loan recommendations along with community survey ratings and comments; and 2) City Council to accept the two (2) sculptures recommended for a two (2) year loan term installed on two (2) of the City's existing vacant sculpture pedestals. 2024-11-20 Item 08G Public Art Sculpture Loan Acceptance 2024-11-20 Item 08G Public Art Sculpture Loan Acceptance - Public Comment 8H.
Summary (street) vacation of the existing Irrevocable Offer of Dedication (IOD) granted over Assessor Parcel Number (APN): 256-392-1100 adjacent to Melrose Avenue. 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 Cabrera Adopt City Council Resolution No. 2024-108 titled, "A Resolution of the City Council of the City of Encinitas, California, Approving the Summary Vacation of an Irrevocable Offer of Dedication Granted to the County of San Diego over APN: 256-392-1100 adjacent to Melrose Avenue (CASE NO. SUB-007086; APN: 256-392-1100)." 2024-11-20 Item 08H Summary Vacation 158 NCH 101 Captain Keno’s
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.
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 two timely-filed appeals (Case Nos. APPEAL-007636-2024 and APPEAL-007638-2024) of the Planning Commission’s approval of a density bonus, design review permit, and coastal development permit authorizing the demolition of all onsite structures; the construction of a multi-family residential development consisting of 448 residential apartments (358 market rate and 90 low income units) in two multi-story residential buildings with basement parking, a two-story fitness/community building, private amenity and common open spaces, a new roundabout at project entry of Kristen Court/Quail Meadows Drive intersection, and grading/utility, and landscaping improvements; stormdrain sliplining repair; habitat restoration; and the use of three temporary construction trailers at the site located at 185, 195, 211, and 225 Quail Gardens Drive (APNs 258-131-10 and -21 (Lot 1), 258-131-11, and -12 (Lot 2), 257-020-37 and 258-131-06, and -07 (Lot 3), and 257-020-36 (Lot 4)). The project is statutorily exempt from the California Environmental Quality Act (CEQA) guidelines under Government Code Sections 65583.2(h) and (I), which provides 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 is in compliance with the Subdivision Map Act, the City may only require design review approval of the project, and design review approval shall not constitute a "project" under CEQA. The 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 90 of 359 base density units (25 percent), exclusive of additional units provided by a density bonus, will be affordable to lower income households; and does not require a subdivision. Contact Person: Project Planner Dichoso Deny the appeals (APPEAL-007636-2024 and APPEAL-007638-2028) and adopt draft City Council Resolution No. 2024-125 titled, " A Resolution of the City of Encinitas City Council Denying Appeals Filed by Supporters Alliance of Environmental Responsibility (Safer) and Encinitas Citizens for Responsible Development (ECRD) and Affirming the Planning Commission's Decision on October 3, 2024 Approving a Density Bonus (DB), Design Review Permit (DR), and Coastal Development Permit (CDP) Authorizing the Demolition of All Onsite Structures; the Construction of a Multi-Family Residential Development Consisting of 448 Residential Apartments (358 Market Rate and 90 Low Income Units) in Two Multi-Story Residential Buildings with Basement Parking, a Two-Story Fitness/Community Building, Private Amenity and Common Open Spaces, a New Roundabout at the Project Entry at the Kristen Court/Quail Gardens Drive Intersection, and Grading, Utility, and Landscaping Improvements; Stormdrain Sliplining Repair; Habitat Restoration; and the Use of Three Temporary Construction Trailers at the Site Located at 185, 195, 211, and 225 Quail Gardens Drive (Case Nos. APPEAL-007636-2024, APPEAL-007638-2024, MULTI-003751-2020, DR-003759-2020, CDP-003761-2020; APNs: APNS 258-131-10 AND -21 (LOT 1), 258-131-11, AND -12 (LOT 2), 257-020-37 AND 258-131-06, AND -07 (LOT 3), AND 257-020-36 (LOT 4))," affirming the Planning Commission's decision to adopt Resolution No. 2024-28 approving the density bonus, design review permit, and coastal development permit (Case Nos. MULTI-003751-2020, DR-003759-2020, CDP-003761-2020) with conditions. 2024-11-20 Item 10A - Agenda Report 007636-007638-2024 APPEAL (Quail Meadows HEU - SAFER-ECRD 2024-11-20 Item 10A - Attachment 01 Proposed City Council Resolution No. 2024-125 (SAFER-ECRD) 2024-11-20 Item 10A - Attachment 02 PC 2024-28 Quail Meadows 2024-11-20 Item 10A - Attachment 03 Planning Commission Agenda Report 2024-11-20 Item 10A - Attachment 04 007636-2024 APPEAL (QM - SAFER) 2024-11-20 Item 10A - Attachment 05 007638-2024 APPEAL (QM - ECRD) 2024-11-20 Item 10A - Attachment 06 2024-11-04 Ltr to City of Encinitas City Council 2024-11-20 Item 10A - Attachment 07 QM response Memo to ECRD Appeal 11.4.24 2024-11-20 Item 10A - Attachment 08 Dudek Response memo to Bio Issues 2024.10.03 2024-11-20 Item 10A - Attachment 09 Quail Meadows RTC AQ and GHG 2024-11-20 Item 10A - Attachment 10 CRA - Response to Appeal 2024-11-20 Item 10A - Attachment 11 Tech Study - Soil Remediation Plan and DEH Approval Letter v3 2024-11-20 Item 10A - Attachment 12 Coastal Commission Correspondence 2024-11-20 Item 10A - Attachment 13 Geocon Response memo 11.12.24 2024-11-20 Item 10A - Attachment 14 RICKResponsesLetter toECRDComments_11.12.24 2024-11-20 Item 10A - Attachment 15 Public Notice
2024-11-20 Item 10A - Attachment 16 Public Correspondence 2024-11-20 Item 10A - Attachment 17 Updated 11-20-2024 Appellant and Applicant PPT Presentations and Supplemental Materials Updated 11-20-2024 Adding Pages 240-247 2024-11-20 Item 10A - Agenda Report 007636-007638-2024 APPEAL (Quail Meadows HEU - SAFER-ECRD - Public Comment
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 DECEMBER 11, 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.